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International Ocean Institute Training Programme

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158<br />

namely, cobalt, copper and nickel, the amount of attributable<br />

net proceeds shall not be less than 25 per cent of the<br />

contractor's net proceeds. Subject to subparagraph (n), in all<br />

other cases, including those where the contractor engages in<br />

mining, transporting polymetallic nodules, and production<br />

primarily of four processed metals, namely, cobalt, copper,<br />

manganese and nickel, the Authority may, in its rules,<br />

regulations and procedures, prescribe appropriate floors which<br />

shall bear the same relationship to each case as the 25 per cent<br />

floor does to the three-metal case.<br />

(f) "Contractor's net proceeds" means the contractor's gross<br />

proceeds less his operating costs and less the recovery of his<br />

development costs as set out in subparagraph (j).<br />

(g) (i) If the contractor engages in mining, transporting<br />

polymetallic nodules and production of processed metals,<br />

"contractor's gross proceeds" means the gross revenues<br />

from the sale of the processed metals and any other<br />

monies deemed reasonably attributable to operations<br />

under the contract in accordance with the financial rules,<br />

regulations and procedures of the Authority.<br />

(ii) In all cases other than those specified in<br />

subparagraphs (g)(i) and (n)(iii), "contractor's gross<br />

proceeds" means the gross revenues from the sale of the<br />

semi-processed metals from the polymetallic nodules<br />

recovered from the area covered by the contract, and any<br />

other monies deemed reasonably attributable to operations<br />

under the contract in accordance with the financial rules,<br />

regulations and procedures of the Authority.<br />

(h) "Contractor's development costs" means:<br />

(i) all expenditures incurred prior to the commencement of<br />

commercial production which are directly related to the<br />

development of the productive capacity of the area<br />

covered by the contract and the activities related thereto<br />

for operations under the contract in all cases other than<br />

that specified in subparagraph (n), in conformity with<br />

generally recognized accounting principles, including,<br />

inter alia, costs of machinery, equipment, ships,<br />

processing plant, construction, buildings, land, roads,<br />

prospecting and exploration of the area covered by the<br />

contract, research and development, interest, required<br />

leases, licences and fees; and<br />

(ii) expenditures similar to those set forth in (i) above<br />

incurred subsequent to the commencement of commercial<br />

production and necessary to carry out the plan of work,<br />

except those chargeable to operating costs.<br />

(i) The proceeds from the disposal of capital assets and the market<br />

value of those capital assets which are no longer required for<br />

operations under the contract and which are not sold shall be<br />

deducted from the contractor's development costs during the<br />

relevant accounting year. When these deductions exceed the<br />

contractor's development costs the excess shall be added to the<br />

contractor's gross proceeds.

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