Foundations question lithium contracts, call them inconsistent, and urge the Legislature for a “thorough analysis” | Fundaciones observan contratos del litio, afirman que son incongruentes y piden al Legislativo un “análisis exhaustivo”

By Fernando Chávez, Visión 360:

The technical and financial clauses of the contracts favor the companies Uranium and CBC, according to the analysis.

Una planta de industrialización de litio. Foto: YLP

A lithium industrialization plant. Photo: YLB

The Jubileo, Milenio, and Solón foundations, along with the Geneva Club (CDG) and the Bolivia Documentation and Information Center (Cedib), have raised a series of concerns about the contract signed between the state-owned Yacimientos de Litio Bolivianos (YLB) and the Russian company Uranium One Group, as well as the Chinese firm Hong Kong CBC. They assert that the contracts are “incomplete, confusing, and inconsistent.” The state entity and the Executive Branch have yet to respond.

Additionally, they are requesting that the Plurinational Legislative Assembly (ALP) “conduct a thorough analysis of each contract clause with the great responsibility that corresponds to it.”

The cited institutions issued a 13-point “public statement” this Tuesday, warning that “the contracts and their annexes submitted to the ALP are incomplete, confusing, and inconsistent.” They argue that their presentation hinders proper understanding, and their approval as a package raises concerns about transparency.

“The ALP must conduct a thorough analysis of each contract clause and, with the great responsibility that corresponds to it, should not approve the contracts until all concerns and objections are resolved, thereby safeguarding national interests,” concludes the statement.

It further states: “Once again, we confirm that YLB’s improvisation and lack of experience in negotiating natural resource contracts, along with restrictive regulations, could lead to another failure. Given the long-term nature of these contracts (over 30 years), this situation is reminiscent of other failed projects from the past 19 years.”

These are all the concerns and objections to the contracts:

  1. The contracts and their annexes submitted to the ALP are incomplete, confusing, and inconsistent. Their presentation hinders proper understanding, and their approval as a package raises concerns about transparency.
  2. Despite the fact that the contracted companies have not demonstrated industrial experience in developing the DLE technologies they intend to implement, they have been granted the most lithium-rich area of the Uyuni Salt Flat. This could condition or limit the future participation of other companies with greater expertise in lithium extraction processes.
  3. Contrary to the objective of securing agreements with strategic partners who would provide risk investments for the productive development of lithium and other evaporitic resources, these contracts imply that financial risks will be borne by the State. YLB commits to reimbursing foreign companies for their investments, recoverable costs, and remuneration through lithium carbonate production, without certainty regarding its capacity for oversight, monitoring, and regulation.
  4. There is an inconsistency in investment costs, as Uranium’s plant presents an investment per ton of lithium carbonate that is 2.4 times higher than that in the contract with CBC, without a clear explanation.
  5. Yacimientos de Litio Bolivianos’ (YLB) financial projections appear to be overestimated, with lithium carbonate price expectations that do not align with current prices (below $10,000 per ton) or reasonable future forecasts. This raises serious doubts about the project’s profitability for the Bolivian State.
  6. The final costs of lithium production are high and unclear. The “production cost vs. sale price” indicator is excessively high compared to international and regional standards.
  7. The contracts’ technical and financial clauses favor Uranium and CBC, minimizing their risks and maximizing their profits, even at the expense of the profitability that should belong to YLB.
  8. The contracts do not adequately include crucial environmental aspects such as the origin and sustainability of freshwater supply, the energy used, chemical and industrial waste management, and the potential reinjection of residual brine into the salt flat.
  9. The contracts and their annexes do not provide for consultation processes to obtain Free, Prior, and Informed Consent (FPIC) from Indigenous peoples, despite the fact that impacts on freshwater sources will occur within the TCO Nor Lípez.
  10. The contract with CBC imposes high penalties on YLB if it fails to supply sufficient residual brine.
  11. The technology transfer conditions differ between the two contracts, but in both cases, they are unfavorable for the country.
  12. The contracts do not mention the destination of by-products generated at the plants, such as potassium, boron, magnesium, sodium, and others, which have considerable market value.
  13. The contracts impose restrictions that hinder a future increase in mining royalties (3%) for the department of Potosí and the producing municipalities.

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