As filed with the Securities and Exchange Commission on 2927 March 20182020
 
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 205420549
 
FORM 20-F
REGISTRATION STATEMENT PURSUANT TO SECTION 12(B) OR 12(G) OF THE SECURITIES EXCHANGE ACT OF 1934 OR
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 OR
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934 OR
SHELL COMPANY REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
FOR THE FINANCIAL YEAR ENDED 31 December 20172019
Commission file number: 1-14846
AngloGold Ashanti Limited
(Exact Name of Registrant as Specified in its Charter)
Republic of South Africa
(Jurisdiction of Incorporation or Organisation)
76 Rahima Moosa Street, Newtown, Johannesburg, 2001
(P.O. Box 62117, Marshalltown, 2107)
South Africa
(Address of Principal Executive Offices)
 
Kandimathie Christine Ramon, Chief Financial Officer, Telephone: +27 11 6376019
E-mail: cramon@anglogoldashanti.com, 76 Rahima Moosa Street, Newtown, Johannesburg, 2001, South Africa
(Name, Telephone, E-mail and/or Facsimile number and Address of Company Contact Person)
 
Securities registered pursuant to Section 12(b) of the Act:
Title of each classTrading SymbolsName of each exchange on which registered
American Depositary SharesAUNew York Stock Exchange
Ordinary SharesAUNew York Stock Exchange*
5.375% Notes due 2020AU/20New York Stock Exchange
5.125% Notes due 2022AU/22New York Stock Exchange
6.50% Notes due 2040AU/40New York Stock Exchange
*    Not for trading, but only in connection with the registration of American Depositary Shares pursuant to the requirements of the Securities and Exchange Commission

Securities registered pursuant to Section 12(g) of the Act:
None
Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act:
None
Indicate the number of outstanding shares of each of the issuer’s classes of capital or common stock as of the close of the period covered by the annual report:
Ordinary Shares of 25 ZAR cents each410,054,615415,301,215
A Redeemable Preference Shares of 50 ZAR cents each2,000,000
B Redeemable Preference Shares of 1 ZAR cent each778,896
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. 
Yes x No
   
If this report is an annual or transition report, indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934.

 
Yes  No x 
   
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.

 
Yes x No 
   
Indicate by check mark whether the registrant  (1) has submitted electronically and posted on its corporate web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).

 
Yes x No 
   
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer.filer, or an emerging growth company. See definition of “large accelerated filer”, “accelerated filer, and large accelerated filer”“emerging growth company” in Rule 12b-2 of the Exchange Act.

 
(Check one): Large Accelerated Filer  x
  
Accelerated Filer
 
Non-Accelerated Filer 
Emerging growth company 

If an emerging growth company that prepares its financial statements in accordance with U.S. GAAP, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards† provided pursuant to Section 13(a) of the Exchange Act. ☐
† The term “new or revised financial accounting standard” refers to any update issued by the Financial Accounting Standards Board to its Accounting Standards Codification after April 5, 2012.
Indicate by check mark which basis of accounting the registrant has used to prepare the financial statements included in this filing:
  
U.S. GAAP 
International Financial Reporting Standards as issued by the International Accounting Standards Board ☒     xOther
If this is an annual report, indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  
Yes  No x


TABLE OF CONTENTS 
 Page
  
 
 
 
 
 
Item 1:
Item 2:
Item 3:
 3A.
 3B.
 3C.
 3D.
Item 4:
 4A.
 4B.
 4C.
 4D.
Item 4A:
Item 5:
 5A.
 5B.
 5C.
 5D.
 5E.
 5F.
Item 6:
 6A.
 6B.
 6C.
 6D.
 6E.
Item 7:
 7A.
 7B.
 7C.
Item 8:
 8A.
  
  
 8B.

Item 9:
 9A.
 9B.
 9C.
 9D.
 9E.
 9F.
Item 10:
 10A.
 10B.
 10C.
 10D.
 10E.
 10F.
 10G.
 10H.
 10I.
Item 11:
Item 12:
 12A.
 12B.
 12C.
 12D.
  12D.3
  12D.4
 
Item 13:
Item 14:
Item 15:
Item 16A:
Item 16B:
Item 16C:
Item 16D:
Item 16E:
Item 16F:
Item 16G:
Item 16H:
 
Item 17:
Item 18:
Item 19
E-21

PRESENTATION OF INFORMATION

AngloGold Ashanti Limited

In this annual report on Form 20-F, unless the context otherwise requires, references to AngloGold, AngloGold Ashanti, AGA, the company, the Company and the group are references to AngloGold Ashanti Limited including, as appropriate, subsidiaries and associate companies of AngloGold Ashanti Limited.

IFRS financial statements

As a company incorporated in the Republic of South Africa, AngloGold Ashanti prepares annual audited consolidated financial statements and unaudited consolidated half-year financial statements in accordance with International Financial Reporting Standards (IFRS) as issued by the International Accounting Standards Board (IASB) in the English language.. These financial statements are distributed to shareholders and are submitted to the JSE Limited (JSE), as well as the New York, Australian and Ghana stock exchanges.

Currency

AngloGold Ashanti presents its consolidated financial statements in United States dollars.

In this annual report, references to rands, ZAR and R are to the lawful currency of the Republic of South Africa, references to US dollars, dollar, US$ or $ are to the lawful currency of the United States, references to  and Euro are to the lawful currency of the European Union, references to ARS and Argentinean peso are to the lawful currency of Argentina, references to AUD, Australian dollars and A$ are to the lawful currency of Australia, references to BRL are to the lawful currency of Brazil, references to TshTZS are to the lawful currency of the United Republic of Tanzania, and references to GHC,GHS, cedi or Gh¢ are to the lawful currency of Ghana.
See “Item 3A: Selected financial data – Exchange rate information” for historical information regardingGhana and references to British pounds are to the US dollar/South African rand exchange rate. On 19 March 2018,lawful currency of the US dollar/South African rand exchange rate as reported by Reuters was R12.01/$1.00.United Kingdom.

Non-GAAP financial measures

In this annual report on Form 20-F, AngloGold Ashanti presents the financial items “total cash costs”costs net of by-product revenue”, “total cash costs per ounce”, “all-in sustaining costs”, “all-in sustaining costs per ounce”, “all-in costs” and “all-in costs per ounce”, which are not IFRS measures. An investor should not consider these items in isolation or as alternatives to cost of sales, profit/(loss) applicable to equity shareholders, profit/(loss) before taxation, cash flows from operating activities or any other measure of financial performance presented in accordance with IFRS.

While the Gold Institute provided definitions for the calculation of total cash costs net of by-product revenue and during June 2013 the World Gold Council published a Guidance Note on “all-in sustaining costs” and “all-in costs” metrics, the calculation of total cash costs net of by-product revenue, total cash costs per ounce, all-in sustaining costs, all-in sustaining costs per ounce, all-in costs and all-in costs per ounce may vary significantly among gold mining companies, and by themselves do not necessarily provide a basis for comparison with other gold mining companies. See “—Glossary“-Glossary of selected terms–Financial terms–Totalterms-Financial terms-Total cash costs”costs net of by-product revenue”, “ —Glossary-Glossary of selected terms–Financial terms–All-interms-Financial terms-All-in sustaining costs” and “—Glossary“-Glossary of selected terms–Financial terms–All-interms-Financial terms-All-in costs”. Nevertheless, AngloGold Ashanti believes that total cash costs net of by-product revenue, all-in sustaining costs and all-in costs in total and per ounce are useful indicators to investors and management as they provide:

an indication of profitability, efficiency and cash flows;
the trend in costs as the mining operations mature over time on a consistent basis; and
an internal benchmark of performance to allow for comparison against other mines, both within the AngloGold Ashanti group and at other gold mining companies.

Management prepares its internal management reporting documentation, for use and decision making by the Chief Operating Decision Maker, on an attributable basis. The key metrics are based on the attributable ounces, gold income, total cash costs net of by-product revenue, all-in costs and all-in sustaining costs from each operation and as a consequence includes our share of the total cash costs net of by-product revenue, all-in costs and all-in sustaining costs of our joint ventures that are accounted for on the equity method. In a capital intensive industry, this basis allows management to make operating and resource allocation decisions on a comparable basis between mining operations irrespective of whether they are consolidated or accounted for under the equity method. This basis of calculating the metrics, where costs should be reported on the same basis as sales (i.e. if sales are reported on an attributable basis, then costs should be reported on an attributable basis), is also consistent with the World Gold Council’s Guidance Note on Non-GAAP Metrics - All-in-All-in Sustaining and All-In Costs.Costs.

Although we have shareholder rights and board representation commensurate with our ownership interests in our equity accounted joint ventures and review the underlying operating results including total cash costs net of by-product revenue, all-in costs and all-in sustaining costs with them at each reporting period, we do not have direct control over their operations or resulting revenue and expenses, nor do we have a proportionate legal interest in each financial statement line item. Our use of total cash costs net of by-product revenue, all-in costs and all-in sustaining costs on an attributable basis, is not intended to imply that we have any such control or proportionate legal interest, but rather to reflect the non-GAAP measures on a basis consistent with our internal and external segmental reporting.


A reconciliation of both cost of sales and total cash costs as included in the company’s audited financial statements to total“all-in sustaining costs”, “all-in sustaining costs per ounce”, “all-in costs”, “all-in costs per ounce”, “total cash costs all-in sustainingnet of by-product revenue” and “total cash costs and all-in costsper ounce” for each of the three years in the period ended 31 December 2015, 2016 and 20172019 is presented herein. See “Item 5:5A: Operating and Financial Review and Prospects—Total all-in sustaining costs, all-in costs and total cash costs”Results-Non-GAAP analysis”.

DiscontinuedOperations
On 12 February 2020, AngloGold Ashanti announced that it reached an agreement to sell its remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited. The South African asset sale was assessed as a major geographical area of operations and part of a single co-ordinated plan to dispose of a major geographical area of operations and accordingly, it was classified as a discontinued operation.


The financial information contained herein for the years ended 31 December 2019, 2018 and 2017 has been restated to separate continuing operations from discontinued operations in accordance with IFRS 5 Non-current Assets Held for Sale and Discontinued Operations, as a consequence of the classification of the sale of the South African producing assets and related liabilities as a discontinued operation.

Shares and shareholders

In this annual report on Form 20-F, references to ordinary shares, ordinary shareholders, equity shareholders and shareholders/members, should be read as common stock, common stockholders and stockholders, respectively, and vice versa.

CERTAIN FORWARD-LOOKING STATEMENTS

Certain statements contained in this document, other than statements of historical fact, including, without limitation, those concerning the economic outlook for the gold mining industry, expectations regarding gold prices, production, total cash costs, all-in sustaining costs, all-in costs, cost savings and other operating results, productivity improvements, growth prospects and outlook of AngloGold Ashanti’s operations, individually or in the aggregate, including the achievement of project milestones, commencement and completion of commercial operations of certain of AngloGold Ashanti’s exploration and production projects and the completion of acquisitions, dispositions or joint venture transactions, AngloGold Ashanti’s liquidity and capital resources and capital expenditures and the outcome and consequence of any potential or pending litigation or regulatory proceedings or environmental, health and safety issues, are forward-looking statements regarding AngloGold Ashanti’s operations, economic performance and financial condition.

These forward-looking statements or forecasts involve known and unknown risks, uncertainties and other factors that may cause AngloGold Ashanti’s actual results, performance or achievements to differ materially from the anticipated results, performance or achievements expressed or implied in these forward-looking statements. Although AngloGold Ashanti believes that the expectations reflected in such forward-looking statements are reasonable, no assurance can be given that such expectations will prove to have been correct. Accordingly, results could differ materially from those set out in the forward-looking statements as a result of among other factors, changes in economic, social and political and market conditions (including as a result of the COVID-19 pandemic), the success of business and operating initiatives, changes in the regulatory environment and other government actions, including environmental approvals, fluctuations in gold prices and exchange rates (including as a result of the COVID-19 pandemic), the outcome of pending or future litigation proceedings and business and operational risk management and other factors as described in “Item 3D: Risk factors”Factors” and elsewhere in this annual report.report (including as a result of the COVID-19 pandemic). These factors are not necessarily all of the important factors that could cause AngloGold Ashanti’s actual results to differ materially from those expressed in any forward-looking statements. Other unknown or unpredictable factors could also have material adverse effects on future results. Consequently, readers are cautioned not to place undue reliance on forward-looking statements.

AngloGold Ashanti undertakes no obligation to update publicly or release any revisions to these forward-looking statements to reflect events or circumstances after the date of this annual report or to reflect the occurrence of unanticipated events, except to the extent required by applicable law. All subsequent written or oral forward-looking statements attributable to AngloGold Ashanti or any person acting on its behalf are qualified by the cautionary statements herein.

GLOSSARY OF SELECTED TERMS


Mining terms
All injury frequency rate: The total number of injuries and fatalities that occurs per million hours worked.
BIF: Banded Ironstone Formation. A chemically formed iron-rich sedimentary rock.
By-products: Any products that emanate from the core process of producing gold, including silver, uranium and sulphuric acid.
Carbon-in-leach (CIL): Gold is leached from a slurry of gold ore with cyanide in agitated tanks and adsorbed on to activated carbon granules at the same time (i.e. when cyanide is introduced in the leach tank, there is already activated carbon in the tank and there is no distinction between leach and adsorption stages). The carbon granules are separated from the slurry and treated in an elution circuit to remove the gold.
Carbon-in-pulp (CIP): Gold is leached conventionally from a slurry of gold ore with cyanide in agitated tanks. The leached slurry then passes into the CIP circuit where activated carbon granules are mixed with the slurry and gold is adsorbed on to the activated carbon. The gold-loaded carbon is separated from the slurry and treated in an elution circuit to remove the gold.
CLR: Carbon leader reef.
Comminution: Comminution is the crushing and grinding of ore to make gold available for treatment. (See also “Milling”).
Contained gold: The total gold content (tons multiplied by grade) of the material being described.
Depletion: The decrease in the quantity of ore in a deposit or property resulting from extraction or production.
Development: The process of accessing an orebody through shafts and/or tunneling in underground mining operations.
Diorite: An igneous rock formed by the solidification of molten material (magma).
Doré: Impure alloy of gold and silver produced at a mine to be refined to a higher purity.
Electro-winning: A process of recovering gold from solution by means of electrolytic chemical reaction into a form that can be smelted easily into gold bars.
Elution: Recovery of the gold from the activated carbon into solution before zinc precipitation or electro-winning.
Feasibility study: A comprehensive technical and economic study of the selected development option for a mineral project that includes appropriately detailed assessments of applicable Modifying Factors together with any other relevant operational factors and detailed financial analysis that are necessary to demonstrate at the time of reporting that extraction is reasonably justified (economically mineable). The results of the study may reasonably serve as the basis for a final decision by a proponent or financial institution to proceed with, or finance, the development of the project. The confidence level of the study will be higher than that of a Pre-Feasibility Study (JORC 2012).
Flotation: Concentration of gold and gold-hosting minerals into a small mass by various techniques (e.g. collectors, frothers, agitation, air-flow) that collectively enhance the buoyancy of the target minerals, relative to unwanted gangue, for recovery into an over-flowing froth phase.
Gold Produced: Refined gold in a saleable form derived from the mining process.
Grade: The quantity of gold contained within a unit weight of gold-bearing material generally expressed in ounces per short ton of ore (oz/t), or grams per metric tonne (g/t).
Greenschist: A schistose metamorphic rock whose green colour is due to the presence of chlorite, epidote or actinolite.
Leaching: Dissolution of gold from crushed or milled material, including reclaimed slime, prior to adsorption on to activated carbon or direct zinc precipitation.
Life of mine (LOM): Number of years for which an operation is planning to mine and treat ore, and is taken from the current mine plan.

Metallurgical plant: A processing plant constructed to treat ore and extract gold.

Milling: A process of reducing broken ore to a size at which concentrating can be undertaken. (See also “Comminution”).
Mine call factor: The ratio, expressed as a percentage, of the total quantity of recovered and unrecovered mineral product after processing with the amount estimated in the ore based on sampling. The ratio of contained gold delivered to the metallurgical plant divided by the estimated contained gold of ore mined based on sampling.
Mineral deposit: A mineral deposit is a concentration (or occurrence) of material of possible economic interest in or on the earth’s crust.
Mineral Resource: A concentration or occurrence of solid material of economic interest in or on the earth’s crust is such form, grade (or quality), and quantity that there are reasonable prospects for eventual economic extraction. The location, quantity, grade (or quality), continuity and other geological characteristics of a Mineral Resource are known, estimated or interpreted from specific geological evidence and knowledge, including sampling. Mineral Resources are sub-divided in order of increasing geological confidence, into Inferred, Indicated or Measured categories (JORC 2012).
Modifying Factors: Modifying Factors’ are considerations used to convert Mineral Resource to Ore Reserve. These include, but are not restricted to, mining, processing, metallurgical, infrastructure, economic, marketing, legal, environmental, social and governmental factors.
Ore Reserve: That part of a mineral deposit which could be economically and legally extracted or produced at the time of the Ore Reserve determination.
Ounce (oz) (troy): Used in imperial statistics. A kilogram is equal to 32.1507 ounces. A troy ounce is equal to 31.1035 grams.
Pay limit: The grade of a unit of ore at which the revenue from the recovered mineral content of the ore is equal to the sum of total cash costs, closure costs, Ore Reserve development and stay-in-business capital. This grade is expressed as an in-situ value in grams per tonne or ounces per short ton (before dilution and mineral losses).
Precipitate: The solid product formed when a change in solution chemical conditions results in conversion of some pre-dissolved ions into solid state.
Probable Ore Reserve: Ore Reserve for which quantity and grade are computed from information similar to that used for Proven Ore Reserve, but the sites for inspection, sampling, and measurement are further apart or are otherwise less adequately spaced. The degree of assurance, although lower than that for Proven Ore Reserve, is high enough to assume continuity between points of observation.
Productivity: An expression of labour productivity based on the ratio of ounces of gold produced per month to the total number of employees in mining operations.
Project capital: Capital expenditure to either bring a new operation into production; to materially increase production capacity; or to materially extend the productive life of an asset.
Proven Ore Reserve: A ‘Proven Ore Reserve’ is the economically mineable part of a Measured Mineral Resource. A Proven Ore Reserve implies a high degree of confidence in the Modifying Factors.
Recovered grade: The recovered mineral content per unit of ore treated.
Reef: A gold-bearing sedimentary horizon, normally a conglomerate band that may contain economic levels of gold.
Refining: The final purification process of a metal or mineral.
Rehabilitation: The process of reclaiming land disturbed by mining to allow an appropriate post-mining use. Rehabilitation standards are defined by country-specific laws, including but not limited to the South African Department of Mineral Resources, the US Bureau of Land Management, the US Forest Service, and the relevant Australian mining authorities, and address among other issues, ground and surface water, topsoil, final slope gradient, waste handling and re-vegetation issuesissues. 
Seismic event: A sudden inelastic deformation within a given volume of rock that radiates detectable seismic energy.
Shaft: A vertical or subvertical excavation used for accessing an underground mine; for transporting personnel, equipment and supplies; for hoisting ore and waste; for ventilation and utilities; and/or as an auxiliary exit.
Short ton: Used in imperial statistics. Equal to 2,000 pounds.

Smelting: A pyro-metallurgical operation in which gold precipitate from electro-winning or zinc precipitation is further separated from impurities.

Stoping: The process of excavating ore underground.
Stripping ratio: The ratio of waste tonnes to ore tonnes mined calculated as total tonnes mined less ore tonnes mined divided by ore tonnes mined.
Tailings: Finely ground rock of low residual value from which valuable minerals have been extracted.
Tonnage: Quantity of material measured in tonnes or tons.
Tonne: Used in metric statistics. Equal to 1,000 kilograms.
VCR: Ventersdorp Contact Reef.
Waste: Material that contains insufficient mineralisation for consideration for future treatment and, as such, is discarded.
Yield: The amount of valuable mineral or metal recovered from each unit mass of ore expressed as ounces per short ton or grams per metric tonne.
Zinc precipitation: Zinc precipitation is the chemical reaction using zinc dust that converts gold in solution to a solid form for smelting into unrefined gold bars.

Financial terms
All-in costs: All-in costs are all-in sustaining costs including additional non-sustaining costs which reflect the varying costs of producing gold over the life-cycle of a mine. Non-sustaining costs are those costs incurred at new operations and costs related to ‘major projects’ at existing operations where these projects will materially increase production. All-in costs per ounce is arrived at by dividing the dollar value of the sum of these cost metrics, by the ounces of gold sold.
All-in sustaining costs:costs (AISC): During June 2013 the World Gold Council (WGC), an industry body, published a Guidance Note on the “all-in sustaining costs” metric, which gold mining companies can use to supplement their overall non-GAAP disclosure. “All-in sustaining costs” is an extension of the existing “total cash cost” metric and incorporates all costs related to sustaining production and in particular recognises the sustaining capital expenditure associated with developing and maintaining gold mines. In addition, this metric includes the cost associated with developing and maintaining gold mines, the cost associated with corporate office structures that support these operations, the community and rehabilitation costs attendant with responsible mining and any exploration and evaluation costs associated with sustaining current operations. All-in sustaining costs per ounce is arrived at by dividing the dollar value of the sum of these cost metrics, by the ounces of gold sold.
Average gold price received per ounce: Average gold price received per ounce is the sum of proceeds from gold sales in the spot market and sales from Mine Waste Solution to Franco-Nevada Corporation at contracted prices, divided by gold sales in ounces.
Average number of employees: The monthly average number of production and non-production employees and contractors employed during the year, where contractors are defined as individuals who have entered into a fixed-term contract of employment with a group company or subsidiary. Employee numbers of joint ventures represent the group’s attributable share.
Capital expenditure: Total capital expenditure on tangible assets.
Effective tax rate: Current and deferred taxation charge for the year as a percentage of profit before taxation.
Market spot gold price: The price of gold traded at any given moment on the Over-The-Counter(OTC) wholesale market of which the transaction will be settled in two business days’ time.
Non-sustaining capital expenditure: Capital expenditure incurred at new operations and capital expenditure related to ‘major projects’ at existing operations where these projects will materially increase production.
.
Rated bonds: The $700 million 5.375 percent bonds due 2020, $300 million 6.5 percent bonds due 2040 and the $750 million 5.125 percent bonds due 2022.
Region: Defines the operational management divisions within AngloGold Ashanti Limited, namely South Africa, Continental Africa (DRC, Ghana, Guinea, Mali and Tanzania), AustralasiaAustralia and the Americas (Argentina and Brazil).
Related party: Parties are considered related if one party has the ability to control the other party or exercise significant influence over the other party in making financial and operating decisions or if such parties are under common control. 
Significant influence: The ability, directly or indirectly, to participate in, but not exercise control over, the financial and operating policy decision of an entity so as to obtain economic benefit from its activities.
Stay-in-business capital: Capital expenditure to extend useful lives of existing production assets. This includes replacement of vehicles, plant and machinery, Ore Reserve development, deferred stripping and capital expenditure related to financial benefit initiatives, safety, health and the environment.
Strate: The licensed Central Securities Depository (CSD) for the electronic settlement of financial instruments in South Africa.
Sustaining capital: Capital expenditure incurred to sustain and maintain existing assets at their current productive capacity in order to achieve constant planned levels of productive output.
Total cash costs:costs (net of by-product revenue): Total cash costs net of by-product revenue include site costs for all mining, processing and administration reduced by contributions from by-products and are inclusive of royalties and production taxes. Depreciation, depletion and amortisation, rehabilitation, corporate administration, employee severance costs, capital and exploration costs are excluded. Total cash costs net of by-product revenue per ounce are the attributable total cash costs divided by the attributable ounces of gold produced.
Total production costs: Total cash costs plus depreciation, depletion and amortisation, employee severance costs, rehabilitation and other non-cash costs. Corporate administration, exploration costs, other operating expenditure and costs reflected as special items are excluded. Total production costs per ounce are the attributable total production costs divided by the attributable ounces of gold produced.
Weighted average number of ordinary shares: The number of ordinary shares in issue at the beginning of the year, increased by shares issued during the year, weighted on a time basis for the period during which they have participated in the income of the group, and increased by share options that are virtually certain to be exercised.


Currencies
$, US$, USD, US dollars or dollarUnited States dollars
ARSArgentinean peso
A$, Australian dollars or AUDAustralian dollars
BRLBrazilian real
€ or EuroEuropean Euro
GHC,GHS, cedi or Gh¢Ghanaian cedi
TshTZSTanzanian Shillings
ZAR, R or randSouth African rands

Abbreviations
ADRAmerican Depositary Receipt
ADSAmerican Depositary Share
AIFRAll injury frequency rate
ASXAustralian Securities Exchange
AuContained gold
BBBEEBroad-Based Black Economic Empowerment
BBSYBank Bill Swap Bid Rate
BEEBlack Economic Empowerment
bnBillion
CDIChess Depositary Interests
CHESSClearing House Electronic Settlement System
CLRCompanies ActCarbon Leader Reef
CRCrystalkop Reef
DMTNPDomestic medium-term notes programmeSouth African Companies Act, No. 71 of 2008, as amended
DRCDemocratic Republic of the Congo
ERPEnterprise resource planning
Exchange ActUnited States Securities Exchange Act of 1934, as amended
FVTOCIFair value through other comprehensive income
FVTPLFair value through profit or loss
G or gGrams
GhDSGhanaian Depositary Share
GhSEGhana Stock Exchange
IASBInternational Accounting Standards Board
IFRSInternational Financial Reporting Standards as issued by the IASB
JIBARJohannesburg Interbank Agreed Rate
JORCAustralasian Code for Reporting Exploration Results, Mineral Resources and Ore Reserves
JSEJSE Limited (Johannesburg Stock Exchange)
King III and IVThe King Report on Corporate Governance for South Africa
Kg or kgKilograms
Km or kmKilometres
Km2
Km2
SquaredSquare kilometres
KozThousand ounces
LIBORLondon Interbank Offer Rate
M or mMetre or million, depending on the context
MlbsMillion pounds
MozMillion ounces
MtMillion tonnes or tons
MtpaMillion tonnes/tons per annum
NYSENew York Stock Exchange
Oz or ozOunces (troy)
oz/tOunces per ton
oz/TECOunces per total employee costed
SAMRECSouth African Code for the Reporting of Exploration Results, Mineral Resources and Mineral Reserves 2016 edition
SECUnited States Securities and Exchange Commission
The CompaniesSecurities ActSouth African CompaniesUnited States Securities Act No. 71 of 2008,1933, as amended
T or tTons (short) or tonnes (metric)
Tpa or tpaTonnes/tons per annum
TSFTailings storage facility
US/U.S./USA/United StatesUnited States of America
VRVaal Reef
VCRVentersdorp Contact Reef
XBRLeXtensible Business Reporting Language

Note: Rounding of figures in this report may result in computational discrepancies.

PART I
ITEM 1: IDENTITY OF DIRECTORS, SENIOR MANAGEMENT AND ADVISORS

Not applicable.






ITEM 2: OFFER STATISTICS AND EXPECTED TIMETABLE

Not applicable.






ITEM 3: KEY INFORMATION



3A.SELECTED FINANCIAL DATA

The selected financial information set forth below for the years ended and as at 31 December 2017, 20162019, 2018 and 20152017 has been derived from, and should be read in conjunction with, the IFRS financial statements included under Item 18 of this annual report. The selected financial information for the years ended and as at 31 December 20142016 and 20132015 has been derived from the IFRS financial statements not included in this annual report.





  Year ended 31 December
 2019
 2018
 2017
 
2016 (1)

 
2015 (1)

 $
 $
 $
 $
 $
  (in millions, except share and per share amounts)
Consolidated income statement         
Revenue from product sales3,525
 3,336
 3,394
 4,223
 4,015
Cost of sales(2,626) (2,584) (2,607) (3,401) (3,294)
Gain (loss) on non-hedge derivatives and other commodity contracts5
 (2) 
 19
 (7)
Gross profit904
 750
 787
 841
 714
Corporate administration, marketing and other expenses(82) (76) (64) (61) (78)
Exploration and evaluation costs(112) (98) (105) (133) (132)
Impairment, derecognition of assets and p/l on disposal(6) (7) (2) 
 
Other expenses (income)(83) (79) (150) 
 
Other operating expenses
 
 
 (110) (96)
Special items
 
 
 (42) (71)
Operating profit (loss)621
 490
 466
 495
 337
Dividends received
 2
 
 
 
Interest income14
 8
 8
 22
 28
Foreign exchange losses(12) (9) (11) (88) (17)
Finance costs and unwinding of obligations(172) (168) (157) (180) (245)
Fair value adjustments
 
 
 9
 66
Share of associates and joint ventures’ profit (loss)168
 122
 22
 11
 88
Profit (loss) before taxation619
 445
 328
 269
 257
Taxation(250) (212) (163) (189) (211)
Profit (loss) after taxation from continuing operations369
 233
 165
 80
 46
Discontinued operations         
Profit (loss) from discontinued operations(376) (83) (336)   (116)
Profit (loss) for the year(7) 150
 (171) 80
 (70)
          
Allocated as follows         
Equity shareholders         
- Continuing operations364
 216
 145
 63
 31
- Discontinued operations(376) (83) (336) 
 (116)
Non-controlling interests         
- Continuing operations5
 17
 20
 17
 15
 (7) 150
 (171) 80
 (70)
          
Basic earnings (loss) per ordinary share (U.S. cents)(3) 32
 (46) 15
 (20)
Earnings (loss) per ordinary share from continuing operations87
 52
 35
 15
 8
Earnings (loss) per ordinary share from discontinued operations(90) (20) (81) 
 (28)
          
Diluted earnings (loss) per ordinary share (U.S. cents)(3) 32
 (46) 15
 (20)
Earnings (loss) per ordinary share from continuing operations87
 52
 35
 15
 8
Earnings (loss) per ordinary share from discontinued operations(90) (20) (81) 
 (28)
Dividend per ordinary share (U.S. cents)7
 6
 10
 
 

(1)
The selected financial information presented for the years ended 31 December 2016 and 2015 has not been reclassified for the changes in disclosure of "Special items" or restated to reflect the disposal of the South African assets and liabilities as a discontinued operation, as such financial information cannot be provided on a reclassified or restated basis without unreasonable effort and expense. The discontinued operation reported in 2015 related to the sale of Cripple Creek &Victor gold mine to Newmont Corp.


  Year ended 31 December
 2017
 2016
 2015
 2014
 2013
 $
 $
 $
 $
 $
  (in millions, except share and per share amounts)
Consolidated income statement         
Revenue4,543
 4,254
 4,174
 5,110
 5,383
Gold income4,356
 4,085
 4,015
 4,952
 5,172
Cost of sales(3,582) (3,263) (3,294) (3,972) (3,947)
Gain (loss) on non-hedge derivatives and other commodity contracts10
 19
 (7) 13
 94
Gross profit784
 841
 714
 993
 1,319
Corporate administration, marketing, other expenses and other income(64) (61) (78) (92) (201)
Exploration and evaluation costs(114) (133) (132) (142) (250)
Other operating expenses(88) (110) (96) (28) (19)
Special items(438) (42) (71) (260) (2,951)
Operating profit (loss)80
 495
 337
 471
 (2,102)
Dividends received
 
 
 
 5
Interest received15
 22
 28
 24
 39
Exchange gain (loss)(11) (88) (17) (7) 14
Finance costs and unwinding of obligations(169) (180) (245) (276) (293)
Fair value adjustment on issued bonds
 9
 66
 (17) 307
Share of associates and joint ventures’ profit (loss)22
 11
 88
 (25) (162)
Profit (loss) before taxation(63) 269
 257
 170
 (2,192)
Taxation(108) (189) (211) (225) 237
Profit (loss) after taxation from continuing operations(171) 80
 46
 (55) (1,955)
Discontinued operations         
Profit (loss) from discontinued operations
 
 (116) 16
 (245)
Profit (loss) for the year(171) 80
 (70) (39) (2,200)
          
Allocated as follows         
Equity shareholders         
- Continuing operations(191) 63
 31
 (74) (1,985)
- Discontinued operations
 
 (116) 16
 (245)
Non-controlling interests         
- Continuing operations20
 17
 15
 19
 30
 (171) 80
 (70) (39) (2,200)
          
Basic earnings (loss) per ordinary share (cents)(46) 15
 (20) (14) (568)
Earnings (loss) per ordinary share from continuing operations(46) 15
 8
 (18) (506)
Earnings (loss) per ordinary share from discontinued operations
 
 (28) 4
 (62)
          
Diluted earnings (loss) per ordinary share (cents)(46) 15
 (20) (14) (631)
Earnings (loss) per ordinary share from continuing operations(46) 15
 8
 (18) (571)
Earnings (loss) per ordinary share from discontinued operations
 
 (28) 4
 (62)
Dividend per ordinary share (cents)10
 
 
 
 10

As at 31 DecemberAs at 31 December
2017
 2016
 2015
 2014
 2013
2019
 2018
 2017
 2016
 2015
$
 $
 $
 $
 $
$
 $
 $
 $
 $
(in millions, except share and per share amounts)(in millions, except share and per share amounts)
Consolidated balance sheet data                  
ASSETS                  
Non-current assets                  
Tangible assets3,742
 4,111
 4,058
 4,863
 4,815
2,592
 3,381
 3,742
 4,111
 4,058
Right of use assets158
 
 
 
 
Intangible assets138
 145
 161
 225
 267
123
 123
 138
 145
 161
Investments in associates and joint ventures1,507
 1,448
 1,465
 1,427
 1,327
1,581
 1,528
 1,507
 1,448
 1,465
Other investments131
 125
 91
 126
 131
76
 141
 131
 125
 91
Inventories100
 84
 90
 636
 586
93
 106
 100
 84
 90
Trade, other receivables and other assets67
 34
 13
 20
 29
122
 102
 67
 34
 13
Deferred taxation4
 4
 1
 127
 177
105
 
 4
 4
 1
Cash restricted for use37
 36
 37
 36
 31
31
 35
 37
 36
 37
Other non-current assets
 
 18
 25
 41

 
 
 
 18
5,726
 5,987
 5,934
 7,485
 7,404
4,881
 5,416
 5,726
 5,987
 5,934
Current assets                  
Other investments7
 5
 1
 
 1
10
 6
 7
 5
 1
Inventories683
 672
 646
 888
 1,053
632
 652
 683
 672
 646
Trade, other receivables and other assets222
 255
 196
 278
 369
250
 209
 222
 255
 196
Cash restricted for use28
 19
 23
 15
 46
33
 31
 28
 19
 23
Cash and cash equivalents205
 215
 484
 468
 648
456
 329
 205
 215
 484
1,145
 1,166
 1,350
 1,649
 2,117
1,381
 1,227
 1,145
 1,166
 1,350
Non-current assets held for sale348
 
 
 
 153
Assets held for sale601
 
 348
 
 
1,493
 1,166
 1,350
 1,649
 2,270
1,982
 1,227
 1,493
 1,166
 1,350
Total assets7,219
 7,153
 7,284
 9,134
 9,674
6,863
 6,643
 7,219
 7,153
 7,284
EQUITY AND LIABILITIES                  
Share capital and premium7,134
 7,108
 7,066
 7,041
 7,006
7,199
 7,171
 7,134
 7,108
 7,066
Accumulated losses and other reserves(4,471) (4,393) (4,636) (4,196) (3,927)(4,559) (4,519) (4,471) (4,393) (4,636)
Shareholders’ equity2,663
 2,715
 2,430
 2,845
 3,079
2,640
 2,652
 2,663
 2,715
 2,430
Non-controlling interests41
 39
 37
 26
 28
36
 42
 41
 39
 37
Total equity2,704
 2,754
 2,467
 2,871
 3,107
2,676
 2,694
 2,704
 2,754
 2,467
Non-current liabilities                  
Borrowings2,230
 2,144
 2,637
 3,498
 3,633
1,299
 1,911
 2,230
 2,144
 2,637
Lease liabilities126
 
 
 
 
Environmental rehabilitation and other provisions942
 877
 847
 1,052
 963
697
 827
 942
 877
 847
Provision for pension and post-retirement benefits122
 118
 107
 147
 152
100
 100
 122
 118
 107
Trade, other payables and deferred income3
 4
 5
 15
 4
Trade, other payables and provisions15
 3
 3
 4
 5
Deferred taxation363
 496
 514
 567
 579
241
 315
 363
 496
 514
3,660
 3,639
 4,110
 5,279
 5,331
2,478
 3,156
 3,660
 3,639
 4,110
Current liabilities                  
Borrowings38
 34
 100
 223
 258
734
 139
 38
 34
 100
Trade, other payables and deferred income638
 615
 516
 695
 820
Bank overdraft
 
 
 
 20
Lease liabilities45
 
 
 
 
Trade, other payables and provisions586
 594
 638
 615
 516
Taxation53
 111
 91
 66
 81
72
 60
 53
 111
 91
729
 760
 707
 984
 1,179
1,437
 793
 729
 760
 707
Non-current liabilities held for sale126
 
 
 
 57
Liabilities held for sale272
 
 126
 
 
855
 760
 707
 984
 1,236
1,709
 793
 855
 760
 707
Total liabilities4,515
 4,399
 4,817
 6,263
 6,567
4,187
 3,949
 4,515
 4,399
 4,817
Total equity and liabilities7,219
 7,153
 7,284
 9,134
 9,674
6,863
 6,643
 7,219
 7,153
 7,284
Number of ordinary shares as adjusted to reflect changes in share capital410,054,615
 408,223,760
 405,265,315
 404,010,360
 402,628,406
415,301,215
 412,769,980
 410,054,615
 408,223,760
 405,265,315
Share capital (exclusive of long-term debt and redeemable preference shares)16
 16
 16
 16
 16
17
 16
 16
 16
 16
Net assets2,704
 2,754
 2,467
 2,871
 3,107
2,676
 2,694
 2,704
 2,754
 2,467

Annual dividends

The table below sets forth the amounts of interim, final and total dividends declared in respect of the past five years in cents per ordinary share.
Year ended 31 December (1)
2017 (3)

 2016
 2015
 2014
 2013
2019
 2018
 2017
 2016
 2015
South African cents per ordinary share130
 
 
 
 100
95
 70
 130
 
 
                  
US cents per ordinary share(2)
10
 
 
 
 10
7
 6
 10
 
 

(1) 
During 2013,Since 2017, the Company changeddividend policy allows the frequencycompany's Board of Directors, at its discretion, to declare an annual dividend payments to be dependent uponbased on 10 percent of the board’s ongoing assessment of AngloGold Ashanti’s earnings.free cash flow generated by the business, before growth capital expenditure, for that financial year.
(2) 
Dividends for these periods were declared in South African cents. US dollar cents per share figures have been calculated based on exchange rates prevailing on each of the respective payment dates.
(3)
The dividend policy allows the Board, at its discretion, to declare an annual dividend to be based on 10 percent of the free cash flow generated by the business, before growth capital expenditure, for that financial year.

For further information on the company’s policy on dividend distributions, see “Item 8A: Consolidated Financial Statements and Other Financial Information—Dividends”.

Exchange rate information

The following table sets forth, for the periods and dates indicated, certain information concerning US dollar/South African rand exchange rates expressed in rands per $1.00. On 19 March 2018, the exchange rate between South African rands and US dollars as reported by Reuters was R12.01/$1.00.
Year ended 31 December (2)
High
 Low
 Year end
 
Average (1)

201310.51
 8.47
 10.49
 9.63
201411.69
 10.28
 11.60
 10.84
201515.87
 11.36
 15.53
 12.77
201616.87
 13.18
 13.73
 14.68
201714.46
 12.25
 12.36
 13.30
2018(3)
12.45
 11.54
   11.98

(1)
The average rate of exchange on the last business day of each month during the year.
(2)
Based on the exchange rate as reported by Reuters.
(3)
Through to 19 March 2018.
Exchange rate information for the months of (1)
High
 Low
September 201713.58
 12.76
October 201714.23
 13.26
November 201714.46
 13.65
December 201713.73
 12.25
January 201812.45
 11.85
February 201812.16
 11.54
March 2018 (2)
12.01
 11.76

(1)
Based on the exchange rate as reported by Reuters.
(2)
Through to 19 March 2018.

3B.CAPITALISATION AND INDEBTEDNESS

Not applicable.





3C.REASONS FOR THE OFFER AND USE OF PROCEEDS

Not applicable.





3D.    RISK FACTORS

This section describes many of the risks that could affect AngloGold Ashanti. There may, however, be additional risks unknown to AngloGold Ashanti and other risks, currently believed to be immaterial, that could turn out to be material. Additional risks may arise or become material subsequent to the date of this document. These risks, either individually or simultaneously, could significantly affect the group’s business, financial results and the price of its securities.

Risks related to AngloGold Ashanti’s results of operations and financial condition as a result of factors that impact the gold mining industry generally.

Commodity market price fluctuations could adversely affect the profitability of operations.

AngloGold Ashanti’s revenues are primarily derived from the sale of gold and, to a lesser extent, uranium, silver and sulphuric acid.  The company’s current policy is to sell its products at prevailing market prices and not to enter into price hedging arrangements.  The market prices for these commodities fluctuate widely.  These fluctuations are caused by numerous factors beyond the company’s control.  For example, the market price of gold may change for a variety of reasons, including:

speculative positions taken by investors or traders in gold;
monetary policies announced or implemented by central banks, including the U.S. Federal Reserve;
changes in the demand for gold as an investment ;investment;
changes in the demand for gold used in jewellery and for other industrial uses, including as a result of prevailing economic conditions;
changes in the supply of gold from production, divestment, scrap and hedging;
financial market expectations regarding the rate of inflation;
the strength of the U.S. dollar (the currency in which gold trades internationally) relative to other currencies;
changes in interest rates;
actual or anticipated sales or purchases of gold by central banks and the International Monetary Fund (IMF);
gold hedging and de-hedging by gold producers;
global or regional political or economic events; and
the cost of gold production in major gold producing countries.

The market price of gold has been and continues to be significantly volatile. During 2017,2019, the market spot gold price traded from a low of $1,158.82$1,270.20 per ounce to a high of $1,348.80$1,552.35 per ounce, remaining well below a peak of $1,900 per ounce in September 2011. Between 1 January 20182020 and 19 March 2018,2020, the market spot gold price traded between a low of $1,312.58$1,469.80 per ounce and a high of $1,358.09$1,679.60 per ounce. On 19 March 20182020 the afternoon price for gold on the London Bullion Market was $1,316.56$1,474.25 per ounce. In addition to protracted declines such as the one experienced from 2011 through 2015, the price of gold is also often subject to sharp, short-term changes. For example, the market spot gold price decreased from a high of $1,687.00 per ounce on 6 March 2020 to a low of $1,469.80 per ounce on 19 March 2020 in the midst of a wider market dislocation related to the COVID-19 pandemic and despite the alleged investor perception of gold as a relatively safe haven in periods of market volatility.

For example, during the three-day period from Friday, 12 April 2013, to Monday, 15 April 2013, the price of gold fell by $228 per ounce. Additionally, the spot price of gold fell by more than four percent to $1,086 per ounce in overnight trading on 20 July 2015 after traders sold 57 tonnes of gold in Shanghai and New York. By taking the price of gold below $1,100 per ounce, the July 2015 sell-off triggered a high volume of stop-loss orders that had been put in place by traders to automatically sell when the gold price reached a predetermined level. This caused the gold price to drop further. Any sharp or prolonged fluctuations in the price of gold can have a material adverse impact on the company’s profitability and financial condition.

Central banks’ policies can affect the price of gold. If gold is treated as a safe alternative investment during economic downturns, the price of gold may fall when central banks end quantitative easing or increase interest rates. For example, the price of gold fell to annual lows when the Chairman of the U.S. Federal Reserve announced a reduction in quantitative easing in June 2013, the end of the quantitative easing programme in October 2014 and an increase in interest rates in December 2015. Similarly, gold

prices continued on a downward trend after the Chairman’s announcement of an increase in interest rates in December 2016. However, the gold price has generally increased since the beginning of 2017 despite the Chairman’s announcement of another interest rate increase in March of 2017 and may continue to be unpredictable. Any futureIn addition, any announcements or proposals by central banks, such as the U.S. Federal Reserve, or any of its board members or regional presidents or other similar officials in other major economies, may materially and adversely affect the price of gold and, as a result, AngloGold Ashanti’s financial condition and results of operations.

Whilst overallEvents that affect the supply and demand typically do not affect the gold price in the same manner or to the same degree as other commodities due to the considerable size of historical mined stocks of gold, events that affect supply and demandsuch as government intervention, may nonetheless have an impact. According toimpact on the World Gold Council, demand for gold is generally driven by four main sectors, namely jewellery, investment, central banks and technology. The market for gold bullion bar, AngloGold Ashanti’s primary product, is generally limited to bullion banks, the numberprice of which has declined in recent years. Central banks’ purchases can be adversely affected by declines in foreign exchange reserves. For example, this was one of the factors that drove a 33 percent decline in net gold purchases by central banks in 2016 compared to 2015.gold. Demand for gold is also largely impacted by trends in China and India, which account for the highest gold consumption worldwide. Demand for gold may be particularly affected by government policies in these countries. For example, according to the World Gold Council, gold demand in China fell 38 percent in 2014 compared to 2013 and demand for gold bars and coins fell by 50 percent

due in part to the Chinese government’s anti-corruption programme, which put limited pressure on demand for gold ornaments and so-called “gift bars”. In India, government intervention to try to reduce the trade deficit, a material portion of which is linked to gold imports, led to various import taxes being introduced, which unsettled the domestic market for gold in 2016. The Indian government also introduced measures in 2016 to reduce undeclared income, including a demonetisation policy put in place in November 2016. Although gold imports temporarily increased when the Indian government announced its decision to retire the 500-rupee and 1,000-rupee bank notes, as soon-to-be obsolete notes were used to buy gold, gold imports registered a 55 percent decline by value the following month due to the lack of liquidity resulting from the demonetisation. These and similar policies in India, China or other large gold-importing countries could adversely affect demand for, and consequently prices of, gold.gold and, as a result, may adversely affect AngloGold Ashanti’s financial condition and results of operations.

Furthermore, the shift in demand from physical gold to gold-related investments and speculative instruments may exacerbate the volatility of the gold price. For example, the Finance Ministry in India announced an offering of sovereign gold bonds as an alternative to the purchase of physical gold in March 2015 and conducted several follow-on offerings in 2016. This and other policies of the Indian government contributed to a 22 percent decline in gold jewellery demand in India between 2015 and 2016. Slower consumption of physical gold in India, resulting from a move toward gold-tracking investments or otherwise, may have an adverse impact on global demand for, and prices of, bullion.gold.

A sustained period of significant gold price volatility may adversely affect the company’s ability to evaluate the feasibility of undertaking new capital projects or the continuity of existing operations, to meet its operational targets or to make other long-term strategic decisions.  Lower and more volatile gold prices, together with other factors, have led AngloGold Ashanti to alter its expansion and development strategy and consider ways to align its asset portfolio to take account of such expectations and trends. As a result, the company may decide to curtail or temporarily or permanently shut down certain of its exploration and production operations, which may be difficult and costly to effect. A further sustained decrease in the price of gold could also have a material adverse effect on AngloGold Ashanti’s financial condition and results of operations, as it may be unable to quickly adjust its cost structure to reflect the reduced gold price environment.  Mines with marginal headroom may be subject to decreases in value that are not temporary, which may result in impairment losses. See “-Certain factors may affect AngloGold Ashanti’s ability to support the carrying amount of its property, plant and equipment, intangible assets and goodwill on the balance sheet. If the carrying amount of its assets is not recoverable, AngloGold Ashanti may be required to recognise an impairment charge, which could be significant.”significant”. The market value of gold inventory may be reduced, and marginal stockpile and heap leach inventories may be written down to net realisable value or may not be processed further as it may not be economically viable at lower gold prices. In addition, AngloGold Ashanti is obliged to meet certain financial covenants under the terms of its borrowing facilities and its ability to continue to meet these covenants could be adversely affected by a further sustained decrease in the price of gold.  The use of lower gold prices in Ore Reserve estimates and life of mine plans could also result in material impairments of the company’s investment in mining properties or a reduction in its Ore Reserve estimates and corresponding restatements of its Ore Reserve and increased amortisation, reclamation and closure charges.

The spot price of uranium has been volatile in past years.  During 2017, the price varied between a low of approximately $19 per pound and a high of $27 per pound. On 19 March 2018, the spot price of uranium was $ 22 per pound.

In 2016, high inventory levels, an increase in the use of uranium enrichment at the expense of mined uranium and a slowdown in China’s uranium purchases caused uranium prices to continue a ten-year decline. Uranium prices can also be affected by several other factors, including demand for nuclear reactors, uranium production shortfalls and restocking by utilities.  Additionally, events like those surrounding the earthquake and tsunami that occurred in Japan in 2011 can have a material adverse impact on the price of and demand for uranium.

The price of silver has also experienced significant fluctuations in past years.  During 2017,2019, the price varied between a low of $15.58$14.35 per ounce and a high of $18.52$19.57 per ounce. On 19 March 2018,2020, the price of silver was $16.30$12.11 per ounce.

Factors affecting the price of silver include investor demand, physical demand for silver bars, industrial and retail off-take, and silver coin minting.


If revenue from sales of gold, uranium, silver or sulphuric acid falls below their respective cost of production for an extended period, AngloGold Ashanti may experience losses and curtail or suspend some or all of its exploration projects and existing operations or sell underperforming assets.  Declining commodities prices may also force a reassessment of the feasibility of a particular project or projects, which could cause substantial delays or interrupt operations until the reassessment can be completed.


Foreign exchange fluctuations could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.

Gold is principally a U.S. dollar-priced commodity and most of the company’s revenues are realised in, or linked to, U.S. dollars, whilst cost of sales are largely incurred in the local currency where the relevant operation is located.  Given the company’s global operations and local foreign exchange regulations, some of its funds are held in local currencies, such as the South African rand, Ghanaian cedi, Brazilian real, Argentinian peso and the Australian dollar.  The weakness of the U.S. dollar against local currencies results in higher cost of sales in U.S. dollar terms.  Conversely, the strengthening of the U.S. dollar lowers local cost of sales in U.S. dollar terms.

From time to time, AngloGold Ashanti may implement currency hedges intended to reduce volatility in our foreign currency exposure.  Such hedging strategies may not be successful, and any of AngloGold Ashanti unhedged exchange payments will continue to be subject to market fluctuations.

Exchange rate movements may have a material impact on AngloGold Ashanti’s operating resultsresults.  For example, based on average exchange rates received in 2017,2019, the company estimates that a one percent strengthening of all of the South African rand, Brazilian real, the Argentinian peso or the Australian dollar against the U.S. dollar will, other factors remaining equal, result in an increase in cost of sales and total cash costs per ounce of approximately $6.0$17 million and $4 per ounce.ounce, respectively.

From time to time, AngloGold Ashanti may implement currency hedges.  Such hedging strategies may not be successful, and any of AngloGold Ashanti unhedged exchange payments will continue to be subject to market fluctuations.





The profitability of mining companies’ operations and the cash flows generated by these operations are significantly affected by fluctuations in input production prices, many of which are linked to the prices of oil and steel.

Fuel, energy and consumables, including diesel, heavy fuel oil, chemical reagents, explosives, tyres, steel and mining equipment used or consumed in mining operations form a relatively large part of the operating costs and capital expenditure of any mining company.

AngloGold Ashanti has no influence over the cost of these consumables, many of which are linked to some degree to the price of oil and steel. Whilst, from time to time, AngloGold Ashanti may implement diesel hedges intended to reduce exposure to changes in the oil price, such hedging strategies may not always be successful, and any of the company’s unhedged diesel consumption will continue to be subject to market fluctuations.

The price of oil has fluctuated between $54 and $64$61 per barrel of Brent Crude in 2017.2019. As of 19 March 2018,2020, the price of oil was at $64$24.43 per barrel of Brent Crude. 

AngloGold Ashanti estimates that for each U.S. dollar per barrel rise or fall in the oil price, other factors remaining equal, cost of sales and total cash costs per ounce of all its operations change by approximately $1.00$2 million and $0.6 per ounce.ounce, respectively. The cost of sales and total cash costs per ounce of certain of the company’s mines, particularly Sadiola, Siguiri, Geita, Tropicana Iduapriem and KibaliIduapriem are most sensitive to changes in the price of oil. Even when fuel prices are in decline, expected savings may be partly offset by increases in governments’ fixed fuel levies or the introduction by governments of new levies. For example, in Tanzania, fuel duty claims are required to be submitted after consumption of the related fuel and are subject to authorisation by the Customs and Excise authorities. The Minister of Finance and Economic Affairs revoked the Government Notice No. 480 of 2000, as from 1 July 2009. The notice applies to the excise duty exemption on fuel products granted to mining companies. While Anglogold Ashanti believes that this will not affect its status to claim exemption on fuel duty as the duty relief is protected by the Mine Development Agreement (MDA) there can be no assurance of protection under the MDA with respect to future changes to this or other duty exemptions. This has resulted in a cumulative cost impact at AngloGold Ashanti's Geita mine of approximately $25million.

Furthermore, the price of steel has also been volatile.  Steel is used in the manufacture of most forms of fixed and mobile mining equipment, which is a relatively large contributor to the operating costs and capital expenditure of a mine.  For example, in 2016 the price of flat hot rolled coil (North American Domestic FOB) steel traded between $379 per tonne as of 1 January 2016 and $630 per tonne as of 29 June 2016. On 19 March 2018,2020, the price of flat hot rolled coil (North American Domestic FOB) was $822$492.62 per tonne.

Fluctuations in oil and steel prices have a significant impact on operating costs and capital expenditure estimates and, in the absence of other economic fluctuations, could result in significant changes in the total expenditure estimates for new mining projects or render certain projects non-viable, which could have a material adverse impact on the company’s results of operations and financial condition.


Energy cost increases and power fluctuations and stoppages could adversely impact the company’s results of operations and financial condition.

Increasing global demand for energy, concerns about nuclear power and the limited growth of new supply are impacting the price and supply of energy.  The transition of emerging markets to higher energy consumption, actual and proposed taxation of carbon

emissions as well as unrest and potential conflict in the Middle East, amongst other factors, could result in increased demand or constrained supply and sharply escalating oil and energy prices.

AngloGold Ashanti’s mining operations are substantially dependent upon electrical power generated by local utilities or by power plants situated at some of its operations.  The unreliability of these local sources of power can have a material adverse effect on the company’s operations, as large amounts of power are required for ventilation, exploration, development, extraction, processing and other mining activities on the company’s properties.

In South Africa, the company’s operations are dependent on electricity is supplied by Eskom, a state-owned power generation company. Although other competitors in the renewable energy market have now entered the power supply market, the power supply is still channelled through the Eskom infrastructure. Electricity is used for most of our business and safety-critical operations, including cooling, hoisting and dewatering.  Loss of power can therefore impact production and employee safety, and prolonged outages could lead to flooding of workings and ore sterilisation.  In 2008, Eskom and the South African government declared a national emergency and warned that they could no longer guarantee the availability of electricity due to a national supply shortage which at the time was blamed on coal supply shortages, heavy rainfall and unplanned generation-set outages as a result of maintenance backlog and asset ages.  The entire country went into a programme of rolling blackouts and AngloGold Ashanti and other mining companies operating in South Africa were forced in late January until mid-March of 2008 to curtail power consumption which negatively impacted operational performance.

A warning ofIn the “very high” risk of blackouts was reissued at the start of 2011 and each year until 2015.  On 20 February 2014,past decade, Eskom declared a power emergency pursuant to its regulatory protocols to protect the national electricity grid. The power emergency was caused by the loss of additional generating units, a 1,500MW reduction in imported electricity resulting from the failure of power lines at the Cahora Bassa hydro scheme in Mozambique and the extensive use of emergency reserves. Eskom alerted key industrial customers, including AngloGold Ashanti, asking them to reduce their load by a minimum of 10 percent during critical periods. Since February 2014, AngloGold Ashanti has reduced its electricity consumption in South Africa by more than 10 percent measured in Gigawatt hour usage. In November 2014, Eskom reintroducedintroduced on several occasions a schedule of rolling blackouts, or “load shedding”. AlthoughFor example, at the last blackoutend of 2018, Eskom was imposed in 2015, Eskom cannot guarantee that there will be no power interruptions in the futureforced to implement load shedding due to a combination of factors including plant breakdowns and the company's management expects that these interruptions may resume in the future. Since 2015, the company's South African region has been able to negotiate this periodurgent plant maintenance. A high degree of load shedding with nohas been continuous ever since, including in early 2020. Furthermore, Eskom carries a significant amount of debt and, while it has been seeking ways to reduce its liabilities, its financial situation remains precarious. These operational and financial issues at Eskom may have a materially adverse impact on production due to curtailments using strict energy management and controls.

Since the beginning of 2017, the integrity of power supply to the company’s South African operations has improved due to Eskom's accelerated maintenance schedules and improved reliability as a result of reduced national demand for electricity.  The reduced demand is on the back of high tariff increases and the poor economic growth rates experienced over this period.

Eskom and the National Energy Regulator of South Africa (NERSA) recognise the need to increase electricity supply capacity, and a series of tariff increases and proposals have been enacted since 2010 to assist in the funding of this expansion.  In 2013, NERSA announced that Eskom would be allowed to increase electricity tariffs for the five-year period that began in April 2013 at an average yearly increase of 8 percent, which was half of that sought by the utility in its application.  However, in October 2014, NERSA granted a 12.69 percent increase in electricity prices with effect from April 2015. In early 2016, NERSA heard a second application from Eskom to increase tariffs and an increase of 9.4 percent was granted, effective 1 April 2016. A lower increase of 2.2 percent was approved in February 2017, effective 1 April 2017, but greater tariff increases are expected to be imposed in future years. In June 2017, Eskom announced to consumers that it was aiming for a 19.9 percent tariff increase for 2018 on the back of lower sales and higher costs. On 18 December 2017, after a series of public hearings into the request from Eskom, NERSA rejected their application and granted them an increase of only 5.23 percent stating that Eskom needed to change its operating model and reduce costs for the benefit of the South African economy.operations.

There can be no assurance as to the existence or nature of any government intervention with respect to tariff increases in the future. Other difficulties at Eskom, relating to a large financial deficit, may result in additional tariff increases.

Additionally, Eskom has been mired in allegations of corruption and is the subject of a parliamentary investigation which has implicated a number of its highest ranking executives. It is also running out of working capital, according to reports. As energy represents a large proportion of the company's operating costs in South Africa, these tariff increases have had, and any future increases will have, a materially adverse impact on the cost of sales and total cash costs per ounce of itsthe company's South Africa operationsAfrican operations.

TheIn Ghana and Brazil, the company has also identified a risk of energy shortages in Ghana and Brazil.shortages. The company’s mining operations in Ghana depend on hydroelectrichydro and thermal power supplied by thea state-controlled Volta River Authority (VRA), which is supplemented by thermal power from the Takoradi plant and a smaller unit at Tema.  AngloGold Ashanti negotiates rates directly with the VRA to power the Obuasi mining operations and the VRA may not agree to a satisfactory rate during future rounds of negotiations. AngloGold Ashanti procures electricity for Iduapriem from the Electricity Company of Ghana (ECG) which is supplied by the VRA.

Ghana has a major power generation deficit that has resulted in significant load shedding across the country.  For example,national grid operator. In 2014, the company experienced extended power interruptions in Ghana inGhana. Although the first quarter of 2014, which limited accesssituation has improved since then, the grid is still subject to higher grade areas. It also experienced frequent load shedding at Iduapriem in 2015, at times experiencing multiple outages in a single day. During periods of below average inflows from the Volta reservoir, electricity supplies from the Akosombo Dam, the VRA’s primarydisturbances and voltage

generation source, may be curtailed as occurred in 1998, 2003, 2006, 2007 and 2016. Duringfluctuations during periods of limited electricity availability, the grid is subject to disturbances and voltage fluctuations which can damage equipment. Disruptions in the natural gas supply from Nigeria in March 2015, via the West Africa Gas Pipeline, have led to some reduction in thermal generation capacity and the use of more expensive light crude oil, which is putting upward pressure on power tariffs. In the past, the VRA has obtained power from neighbouring Côte d’Ivoire, which has intermittently experienced political instability and civil unrest.

In Brazil, a two-year drought in 2014 and 2015 adversely affected hydro-electrical power generation. Similar water shortages in the future could have an adverse impact on AngloGold Ashanti’s operations in Brazil.

The company’sCertain of our mining operations in Guinea, Tanzania and Mali are dependentdepend on power supplied by outside contractors and supplies of fuel are delivered by road.  Power supplies in these countriesroad which have been disrupted in the past resultingand may be disrupted again in production losses due to equipment failure.

Increased energy pricesthe future. Any such disruptions could negatively impact operating costs and cash flow of AngloGold Ashanti’scashflows from these operations.


Global economic conditions could adversely affect the profitability of operations.

AngloGold Ashanti’s operations and performance depend significantly on worldwide economic conditions. Despite signs of economic recovery in certain geographic markets, global economic conditions remain fragile with significant uncertainty regarding recovery prospects, levels of recovery and long-term economic growth effects. Concerns remain regarding the sustainability and future of both the European Monetary Union and its common currency, the Euro, and the European Union (EU), in their current form, particularly following the vote in favourwithdrawal of the United Kingdom’s exitKingdom from the European Union in June 2016 and the official triggering by the British Prime Minister, Theresa May, of the "Brexit" process in March 2017EU on 31 January 2020 and the uncertainty ofaround any subsequent negotiations and the resulting terms of any new economic and security relationship, including trade arrangements, between the withdrawalEU and subsequent negotiations.the United Kingdom. Concerns also exist regarding the negative impacts of the downgrade of the sovereign credit rating of the Republic of South Africa in recent years.

On 24 November 2017,Concerns remain regarding South Africa’s credit rating. The country has been assigned BB (negative outlook), Baa3 (negative outlook) and BB+ (negative outlook) status by S&P Global, downgraded South Africa’sMoody’s and Fitch, respectively. See “-Any downgrade of credit ratingratings assigned to full sub-investment grade, while its counterpart Moody’s placedAngloGold Ashanti’s debt securities could increase future interest costs and adversely affect the country on review for downgrade. S&P’s announcement followed a similar announcement by Fitch, affirming South Africa’s rating at sub-investment grade on 23 November 2017. Moody’s decision to put South Africa on review, rather than downgrade it outright, means that South Africa can remain in key global bond indices such as the Citigroup World Bond Index (WGBI). Moody’s held South Africa local and foreign issued debt on the cuspavailability of investment and sub-investment grade. Membership in the WGBI requires that at least Moody’s or S&P Global rates a country’s local currency rating as investment grade. Moody's on 23 March 2018 affirmed South Africa's investment-grade credit rating at Baa3 and revised its credit outlook to stable from negative.new financing”.

These conditions and other disruptions to international credit markets and financial systems caused a loss of investor confidence and resulted in widening credit spreads, a lack of price transparency, increased credit losses and tighter credit conditions. Although aggressive measures taken by governments, the private sector and central banks have resulted in a modestAny economic recovery since 2012, any such recovery may remain limited in geographic scope. A significant risk also remains that this recovery could be slow or that the global economy could quickly fall back into an even deeper and longer lasting recession or even a depression. In 2014 and 2015, the credit ratings of some of the largest South African banks were downgraded by major credit rating agencies. Any significant weakening of the South African banking system could have a negative effect on the overall South African economy including the results of the company's South African operations.

Global economic turmoil, or the expectation that economic turmoil could worsen, could have follow-on effects on AngloGold Ashanti’s business that include inflationary cost pressures, interest rate fluctuations and commodity market fluctuations. The COVID-19 pandemic has resulted in a sharp decline in global financial markets and a significant decrease in global economic activity, which may have a material adverse effect on worldwide demand for gold and may also materially adversely affect the profitability of our operations or our financial condition. See also “-The prevalence of occupational health diseases and other diseases and the potential costs and liabilities related thereto may have an adverse effect on the business and results of operations of AngloGold Ashanti”.

Other effectsfactors that could negatively affect AngloGold Ashanti’s financial results and results of operations include, for example:
the insolvency of key suppliers or contractors, which could result in contractual breaches and a supply chain breakdown;
the insolvency of one or more joint venture partners, which could result in contractual breaches and disruptions at the operations of the company’s joint ventures;
changes in other income and expense, which could vary materially from expectations, depending on gains or losses realised on the sale or exchange of financial instruments and impairment charges that may be incurred with respect to investments;
the inability of AngloGold Ashanti’s defined benefit pension fund to achieve expected returns on its investments, which could require the company to make substantial cash payments to fund any resulting deficits;
a reduction in the availability of credit, which may make it more difficult for the company to obtain financing for its operations and capital expenditures or make that financing more costly;
exposure to the liquidity and insolvency risks of the company’s lenders and customers; and
impairment of operations.

In addition to the potentially adverse impact on the profitability of the company’s operations, any deterioration in or increased uncertainty regarding global economic conditions may increase volatility or negatively impact the market value of AngloGold Ashanti’s securities.


Inflation may have a material adverse effect on results of operations.

Many of AngloGold Ashanti’s operations are located in countries that have experienced high rates of inflation during certain periods. It is possible that significantly higher future inflation in the countries in which the company operates may result in an increase in operational costs in local currencies (without a concurrent devaluation of the local currency of operations against the U.S. dollar or an increase in the U.S. dollar price of gold). This could have a material adverse effect on the company’s results of operations and financial condition. Significantly higher and sustained inflation, with a consequent increase in operational costs, could result in the rationalisation (including closure) of higher cost mines or projects.

Of particular concern is the inflation rate in Argentina which increased from an average of 10 percent in 2012 to 40.5 percent in 2016. Using IMF data, AngloGold Ashanti has determined that Argentina was not highly inflationary at 17.8 percent for the year ended 31 December 2017. If Furthermore, when inflation reaches highly inflationary levels in

a country in which the company operates, social unrest and union activity may increase, which in Argentina, and thisturn may have an adverse effect on AngloGold Ashanti’s operational costs and results of operation in that country.

Of particular concern is the inflation rate in Argentina which increased from an average of ten percent in 2012 to 40.5 percent in 2016. Inflation in Argentina was recorded at 24.8 percent in 2017 and rose to 47.6 percent in 2018, and 53.8 percent in 2019. Hyper-inflationary reporting will be reflected in the financial statements of our local subsidiaries. However, hyper-inflationary movements are not reflected in the group’s consolidated financial statements as our local Argentinian subsidiary is deemed to have a U.S. dollar functional currency.


Mining companies faceare subject to many risks related to the development of mining projects that may adversely affect the company’s results of operations and profitability.

Development of AngloGold Ashanti’s mining projects may be subject to unexpected problems and delays that could impact the company’s ability to develop or operate the relevant project as planned or increase the development and operating costs of thesuch relevant project. In addition, a decrease in budgets relating to current or medium-term exploration and development could increase the company's development and operating costs in the long-term.

There are a numberSome of uncertaintiesthe risks inherent in the development and construction of a new mine or the extension of an existing mine. These uncertainties include the:mine include:
timing and cost of construction of mining and processing facilities, which can be considerable;
availability and cost of mining and processing equipment;
availability and cost of skilled labour, power, water and transportation;
availability and cost of appropriate smelting and refining arrangements;
applicable requirements under national and municipal laws and time needed to obtain the necessary environmental and other governmental permits;permits and approvals; and
availability of funds to finance construction, development and environmental rehabilitation activities.

The remote location of many mining properties, permit requirements and delays in the issuance of theobtaining necessary permits and approvals, as well as third-party legal challenges to individual mining projects and broader social or political opposition to mining may increase the cost, timing and complexity of mine development and construction. New mining operations could experience unexpected problems and delays during the development, construction, commissioning and commencement of production.

For example, AngloGold Ashanti may prove unable to successfully develop the La Colosa and Gramalote projects, andor the Nuevo Chaquiro deposit that is part of the Quebradona project in Colombia, as well as other potential exploration sites due to difficulties that could arise in relation to, for example, social and community opposition, litigation and governmental regulatory or administrative proceedings, the classification of land covered by mining titles as an environmentally-protected area, ore body grades, definitionthe inability of adequate Ore Reserveany such project to meet AngloGold Ashanti’s investment hurdle rate, and Mineral Resource and the time taken to prove project feasibilitydelays that could result in the expiry of permits. See “-Mining companies are subject to extensive environmental, health and safety laws and regulations” and “Item 8A: Legal Proceedings - Colombia”Proceedings-Colombia”.

Accordingly, AngloGold Ashanti’s future development activities may not result in the expansion or replacement of current production, or one or more new production sites or facilities may not be developed as planned or may be less profitable than anticipated or mayeven be loss-making. The company’s operating results and financial condition are directly related to the success of its project developments. A failure in the company’s ability to develop and operate mining projects in accordance with, or in excess of, expectations could negatively impact its results of operations, as well as its financial condition and prospects.


Mining companies face uncertainty and risks in exploration, feasibility studies and other project evaluation activities.

AngloGold Ashanti must continually replace Ore Reserve depleted by mining and production to maintain or increase production levels in the long term. This is undertaken by exploration activities that are speculative in nature. The ability of the company to sustain or increase its present levels of gold production depends in part on the success of its projects and it may be unable to sustain or increase such levels.

Feasibility studies and other project evaluation activities necessary to determine the current or future viability of a mining operation are often unproductive. Such activities often require substantial expenditure on exploration drilling to establish the presence, extent and grade (metal content) of mineralised material. AngloGold Ashanti undertakes feasibility studies to estimate the technical and economic viability of mining projects and to determine appropriate mining methods and metallurgical recovery processes. These activities are undertaken to estimate the Ore Reserve.




Once mineralisation is discovered, it may take several years to determine whether an adequate Ore Reserve exists, during which time the economic feasibility of the project may change due to fluctuations in factors that affect both revenue and costs, including:
future prices of metals and other commodities;
future foreign currency exchange rates;
the required return on investment as based on the cost and availability of capital; and
applicable regulatory requirements, including those relating to environmental or health and safety matters.



Feasibility studies also include activities to estimate the anticipated:
tonnages, grades and metallurgical characteristics of the ore to be mined and processed;
recovery rates of gold uranium and other metals from the ore; and
capital expenditure and cash operating costs.

These estimates depend on assumptions made based on available data. Ore Reserve estimates are not precise calculations and depend on the interpretation of limited information on the location, shape and continuity of the mineral occurrence and on available sampling results. For example, in February 2018,following completion of enhanced prefeasibility studies, AngloGold Ashanti announced the maiden Ore Reserve for the GramaloteQuebradona project following the completion of an enhanced pre-feasibility study.in February 2019. No assurance can be given that Ore Reserve estimates or other estimates are accurate or that the indicated levels of gold, uraniumcopper or other mineral will be produced. Further exploration and feasibility studies can result in new data becoming available that may change previous Ore Reserve estimates and impact the technical and economic viability of production from the project. Changes in the forecast prices of commodities, exchange rates, production costs or recovery rates may change the economic status of Ore Reserves resulting in revisions to previous Ore Reserve estimates. These revisions could impact depreciation and amortisation rates, asset carrying amounts and/or provisionsestimates for closure, restoration and environmental rehabilitation costs.

AngloGold Ashanti undertakes annual revisions to its Ore Reserve estimates based upon asset sales and acquisitions, actual exploration and production results, depletion, new information on geology, model revisions and fluctuations in production, forecasts of commodity prices, economic assumptions and operating and other costs. These factors may result in reductions in Ore Reserve estimates, which could adversely affect life-of-mine plans and consequently the total value of the company’s mining asset base. Ore Reserve restatements could negatively affect the company’s results of operations, as well as its financial condition and prospects.

Due to a declining rate of discovery of new gold Ore Reserve in recent years, AngloGold Ashanti faces intense competition for the acquisition of attractive mining properties. From time to time, the company evaluates the acquisition of an Ore Reserve, development properties or operating mines, either as stand-alone assets or as part of existing companies. AngloGold Ashanti’s decision to acquire these properties has been based on a variety of factors, including historical operating results, estimates and assumptions regarding the extent of the Ore Reserve, cash and other operating costs, gold prices, projected economic returns and evaluations of existing or potential liabilities associated with the relevant property and its operations and how these factors may change in the future. Other than historical operating results, these factors are uncertain and could have an impact on revenue, cash and other operating costs, as well as the process used to estimate the Ore Reserve.

As a result of these uncertainties and declining grades, the company’s exploration and acquisitions may not result in the expansion or replacement of current production, the maintenance of its existing Ore Reserve net of production or yield an increase in Ore Reserve. AngloGold Ashanti’s results of operations and financial condition are directly related to the success of its exploration and acquisition efforts and the ability to replace or increase the existing Ore Reserve as it is depleted. If the company is not able to maintain or increase its Ore Reserve, its results of operations as well as its financial condition and prospects could be adversely affected.


Mining is inherently hazardous, and mining companies face many potentialare subject to the risk of disruptions to their operations, which may adversely impact cash flows and overall profitability.

Gold mining is susceptibleoperations are subject to risks of events that may adversely impact a mining company’s ability to produce gold and meet production and cost targets. These events include, but are not limited to:
accidents or incidents, including due to human error, during exploration, production, drilling, blasting or transportation resulting in injury, loss of life or damage to equipment or infrastructure;
air, land and water pollution;
social or community disputes or interventions;
security incidents;incidents, including the activities of artisanal or illegal miners;
surface or underground fires or explosions;
electrocution;
falls from heights and accidents relating to mobile machinery, including shaft conveyances and elevators, drilling blasting and mining operations;
labour force disputes and disruptions;
loss of information integrity or data;
activities of illegal or artisanal miners;
shortages in material and equipment;
mechanical failure or breakdowns and ageing infrastructure;
failure of unproven or evolving technologies;
energy and electrical power supply interruptions or rationing;

unusual or unexpected geological formations, ground conditions, including lack of mineable face length and ore-pass blockages;
water ingress and flooding;flooding of mine shafts;
process water shortages;
metallurgical conditions and gold recovery;
unexpected decline of ore grade;
unanticipated increases in gold lock-up and inventory levels at heap-leach operations;
fall-of-ground accidents in underground operations;
cave-ins, sinkholes, subsidence, rock falls, rock bursts orlandslides;
failure of mining pit slopes, heap-leach facilities, water or solution dams, waste stockpiles and tailings dam walls;
changes to legal and regulatory requirements;
safety-related stoppages;
gold bullion or concentrate theft;
corruption and fraud;
allegations of human rights abuses;
seismic activity; and
other natural phenomena, such as floods, droughts or weather conditions, potentially exacerbated by climate change.

Any of these events could, individually or in the aggregate, have a material adverse effect on the company’s results of operations and financial condition.

Older mines in the South African region have started to reach the end of their economic lives, several decades after production started. These mines face various systemic challenges, including near-depletion of Ore Reserve, increasing depth and distance from central infrastructure, declining production profiles, and cost escalation that has continued to outpace both inflation and a subdued gold price. The cost performance of certain operations, notably TauTona and Kopanang, has clearly demonstrated these challenges, with all-in sustaining costs for 2017 of $2,242/oz and $1,593/oz respectively. This compared with an average annual gold price over that period of $1,258/oz. Both mines also sustained significant operating losses through 2017. In 2017, TauTona was placed in orderly closure and the sale of Kopanang was announced, with the transaction concluding subsequent to year end.

Seismic activity is of particular concern in underground mining operations, particularly in South Africa due to the extent and extreme depth of mining, and also in Australia and Brazil due to the depth of mining and residual tectonic stresses. Despite modifications to mine layouts and support technology, as well as other technological improvements employed with a view to minimising the incidence and impact of seismic activity, seismicSeismic events have caused death and injury to employees and contractors as well as safety-related stoppages and may continue to do so in the future.

Seismic activity may also cause a loss of mining equipment, damage to or destruction of mineral properties or production facilities, monetary losses, environmental pollution and potential legal liabilities. As a result, these events may have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition. For example, threein South Africa, Mponeng experienced during 2019 a production loss of approximately 5,700m2 due to rock burst accidents occurreddamages and other internal seismic procedural stoppages. Furthermore, on 5 March 2020, a seismic event at Mponeng mine during the last quarter of 2017, resultingresulted in four employeethree fatalities in addition to production losses due to stoppages. The total production loss associated with the three incidents is approximately 14,000m2 (approximately 800 kg of gold with an approximate value of $36 million).

In the past, floods have also disrupted the operations of some of the company’s mines. For example, unprecedented heavy rains in February and, on 16 March 2011 in Australia flooded the Sunrise Dam Gold Mine and forced a temporary shutdown of operations. The flood impacted underground production for approximately four months and open pit production for approximately six months. Despite the shutdown, full costs were incurred2020, another fatality occurred as the mining contractors worked on remedial activitiesresult of a tramming accident. As a result, operations in the affected areas at Mponeng have been suspended pending the outcome of investigations relating to repair damage and rehabilitate flooded areas. The considerable remedial work required adversely impacted cash costs per ounce and the impact of the flood event and the pit wall failure together significantly reduced planned production at the plant.such events.

Any seismic, flood or other similar events that occur in the future could have a material adverse effect on the company’s results of operations and financial condition.


Mining companies’ operations are vulnerable to infrastructure constraints.

Mining, processing, development and exploration activities depend on adequate infrastructure. Reliable rail, ports, roads, bridges, power sources, power transmission facilities and water supply are critical to the company’s business operations and affect capital and operating costs. These infrastructures and services are often provided by third parties whose operational activities are outside the control of the company.

Interferences in the maintenance or provision of infrastructure, including unusual weather phenomena, sabotage and social unrest could impede the company’s ability to deliver its products on time and adversely affect AngloGold Ashanti’s business, results of operations and financial condition.

Establishing infrastructure for the company’s development projects requires significant resources, identification of adequate sources of raw materials and supplies, and necessary cooperation from national and regional governments, none of which can be assured.


AngloGold Ashanti has operations or potential development projects in countries where government-provided infrastructure may be inadequate and regulatory regimes for access to infrastructure may be uncertain, which could adversely impact the efficient operation and expansion of its business. AngloGold Ashanti may not secure and maintain access to adequate infrastructure in the future, or it may not do so on reasonable terms.terms which may adversely affect AngloGold Ashanti’s business, results of operations and financial condition.


Mining companies face strong competition.competition and industry consolidation.

The mining industry is competitive in all of its phases. AngloGold Ashanti competes with other mining companies and individuals for specialised equipment, components and supplies necessary for exploration and development, for mining claims and leases on exploration properties and for the acquisition of mining assets. These competitors may have greater financial resources, operational experience and technical capabilities than AngloGold Ashanti. Competition may increase AngloGold Ashanti’s cost of acquiring suitable claims, properties and assets, which could have a material adverse effect on its financial condition.

Further, industry consolidation may lead to increased competition and may harm AngloGold Ashanti’s operating results. A number of transactions have recently been completed in the gold mining industry. In this regard, some of AngloGold Ashanti’s competitors have made acquisitions or entered into business combinations, joint ventures, partnerships or other strategic relationships. For example, Barrick Gold Corporation completed its merger with Randgold Resources Limited in January 2019 and Newmont Corporation (formerly Newmont Mining Corporation) completed its business combination with Goldcorp Inc.Similar consolidations in the form of acquisitions, business combinations, joint ventures, partnerships or other strategic relationships may continue in the future. The companies are subjector alliances resulting from these transactions or any further consolidation involving AngloGold Ashanti’s competitors may benefit from greater economies of scale, significantly larger asset bases and broader differentiation of mining assets in respect of geographies and commodities than AngloGold Ashanti. In addition, following such transactions certain of AngloGold Ashanti’s competitors may decide to extensive health and safety laws and regulations.sell specific mining assets increasing the availability of such assets in the market.

AngloGold Ashanti’sAn excess of mining operations are subject to extensive health and safety laws and regulations in every jurisdiction in which it operates. These laws and regulations are, along with international and industry standards, designed to protect and improve the safety and health of employees and require the company to undertake and fund extensive compliance measures.

From time to time, new or updated health and safety laws, regulations and standards are introduced and may be more stringent than those to which AngloGold Ashanti is currently subject. Should compliance with these laws, regulations and standards require a material increase in expenditures or material changes or interruptions to operations or production, including as a result of any failure to comply with applicable regulations, the company’s results of operations and financial conditionassets available for sale could be adversely affected. Furthermore, AngloGold Ashanti continues to implement its enhanced safety programme, which could result in additional costs for the company.

In some of the jurisdictions in which AngloGold Ashanti operates, the government enforces compulsory shutdowns of operations to enable investigations into the cause of accidents. Certain of the company’s operations have been temporarily suspended for safety reasons in the past. In South Africa, so-called “Section 54 safety stoppages” have become a significant issue as an enforcement mechanism used by the Department of Mineral Resources Mining Inspectorate whose inspectors routinely issue such notices. For example, in 2017, 80 notices were issued that had a material adverse impact on production atany of the company’s mines. Section 54 safety stoppages resultedcontemplated asset sales and could result in sales processes taking longer to complete or not completing at all or not realizing the estimated direct lossfull value of 47,100, 78,887, 73,208 and 11,324 ounces of gold production from the South African region operations during 2014, 2015, 2016 and 2017 respectively.

AngloGold Ashanti’s reputation could be damaged by any significant governmental investigation or enforcement of health and safety laws, regulations or standards. Any of these factorsassets being disposed of. Such developments could have a material adverse effect on the company’s business, operating results of operations and financial condition.


Mining companies are increasingly requiredexpected to operate in a sustainable manner and to provide benefits to affected communities. Failure to comply with these requirementsdo so can result in legal suits, additional operational costs to address violationssocial or liabilities,environmental impacts of operations, investor divestment and loss of “social licence to operate”, and could adversely impact AngloGold Ashanti's financial condition.

As a result of public concern about the perceived ill effects of economic globalisation and resource extraction activities, businesses in general and large multinational mining corporations in particular face increasing public scrutiny of their activities. The cost of measures and other issues relating to the sustainable development of mining operations could place significant demands on personnel resources, could increase capital and operating costs and could have an adverse impact on AngloGold Ashanti’s reputation, results of operations and financial condition.

These businesses are under pressure to demonstrate that whilst they seek a satisfactory return on investment for shareholders, human rights are respected and other social partners, including employees, host communities and more broadly, the countries in which they operate, also benefit from their commercial activities. Such pressures tend to be particularly focused on companies whose activities are perceived to have, or have, a high impact on their social and physical environment. The enhanced usage and scale of socialSocial media and other web-based tools to publish, share and discuss user-generated content further increases the potential spreadscope and force of public scrutiny. The potential consequences of these pressures and the adverseAdverse publicity in cases where companies are believed not to be creating sufficient social and economic benefit may result in additional operating costs to address actual or perceived shortcomings, reputational damage, active community opposition, allegations of human rights abuses, legal suits and investor withdrawal.

Existing and proposed miningMining operations are often located at or near existing towns and villages, natural water courseswaterways and other infrastructure.infrastructure or natural resources. As the impacts of dust generation, waste storage, water pollution or water shortages may be immediate and directly adverse to those communities, poor environmental management practices, or, in particular, adverse changes in the supply or quality of water, can result in community protest, regulatory sanctions or ultimately in the withdrawal of community and government support for company operations. For example, following the outcome of the plebiscite held on 26 Marcha 2017 popular consultation in the Colombian municipality of Cajamarca in the Tolima department, which hosts the company’s La Colosa exploration site, AngloGold Ashanti’s management has taken the decision to pausesuspended much of the current fieldwork around the project pending a study ofuntil the community’s opposition torelated environmental permits are granted and there is more certainty about mining activity in Colombia. Similarly, in the project on AngloGold Ashanti’s planned future investment. In the meantime, AngloGold Ashanti will continue the necessary engagement with all stakeholders to build consensus around the creation of a modern, environmentally responsible gold-mining industry in Colombia.

In theColombian town of Piedras in the Tolima province,department, which is not located in the immediate vicinity of the La Colosa exploration site, AngloGold Ashanti is also contesting a referendum attempting2013 popular consultation which attempted to ban all mining activities in the area. See “Item 8A: Legal Proceedings”Proceedings-Colombia”. Similar votes or referenda mayIf AngloGold Ashanti is unsuccessful in challenging these popular consultations, there could be conducted in the future in these or other locations in Colombia where we have mining licenses. These votes and referenda or future votes or referenda could have an adverse impact on AngloGold Ashanti’s reputation, its ability to develop its mining concessions, in Colombia, and its results of operations and financial condition.

Mining operations must be designed to minimise their impact on such communities and the environment, either by changing mining plans to avoid such impact, by modifying operations or by relocating the affected people to an agreed location. Responsive measures may also include the full restoration of the livelihoods of those impacted. In addition, AngloGold Ashanti is obliged to comply with the terms and conditions of all the mining rights it holds. In this regard the Social and Labour plan provisions of its mining rights in South Africa must make provision for local economic development (LED) programmes. The LED programmes must take into account the key economic activities of the area in which AngloGold Ashanti operates its mines, the impact its mines will have on the local and labour-sending communities, various infrastructure and poverty eradication projects its mines may be supporting in connection with integrated development plans in the areas its mines operate and also must provide for measures that assist in addressing housing and living conditions of its employees.

In addition, as AngloGold Ashanti has a long history of mining operations in certain regions, issues may arise regarding historical, as well as potential future, environmental or health impacts in those areas. For example, certain parties, including non-governmental organisations (NGOs), community groups and institutional investors, have raised concerns and, in the case of some individuals in Obuasi, threatened or commenced litigation, relating to air pollution or surface and groundwater quality, amongst other issues, in the area surrounding the company’s Obuasi and Iduapriem mines in Ghana, including potential impacts to local rivers and wells used for water from heavy metals, arsenic and cyanide as well as sediment and mine rock waste.

Disputes with surrounding communities may also affect mining operations, particularly where they result in restrictions of access to supplies and to mining operations. The miners’ access to land may be subject to the rights or asserted rights of various community stakeholders, including indigenous people. Access to land and land use is of critical importance to the company for exploration and mining, as well as for ancillary infrastructure. In some cases, AngloGold Ashanti has had difficulty gaining access to new land because of perceived poor community compensation practices. For example, compensation remains a significant area of concern inat Siguiri in Guinea. In 2011, a violent community protest interrupted operations for three days, which contributed to the operation’s decline in production as compared to 2010, and protests demanding employment by the communities and youth occurred again in 2016. Delays in projects as well as increased costs attributable to a lack of community support can translate directly into a decrease in the value of a project or into an inability to bring the project to production.

The cost of measures and other issues relating to the sustainable development of mining operations could place significant demands on personnel resources, could increase capital and operating costs and could have an adverse impact on AngloGold Ashanti’s reputation, results of operations and financial condition.

Mining companies are subject to extensive environmental, health and safety laws and regulations.

AngloGold Ashanti’s operations are subject to extensive environmental, health and safety laws and regulations in the various jurisdictions in which it operates, in addition to international standards.operates. These regulations, andas well as international standards for the industry, establish limits and conditions on the company’s ability to conduct its operations and govern, amongst other things, extraction, use and conservation of water resources; air emissions (including dust control); water treatment and discharge; regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; safety and health of employees and community health; and the generation, transportation, storage and disposal of solid and hazardous wastes, such as reagents, radioactive materials and mine tailings.


The cost of compliance with environmental, health and safety laws and regulations is expected to continue to be significant to AngloGold Ashanti. From time to time, new or updated laws, regulations and standards are introduced and may be more stringent than those to which AngloGold Ashanti is currently subject. Should compliance with these laws, regulations and standards require a material increase in expenditures or material changes or interruptions to operations or production, including as a result of any incident or failure to comply with applicable regulations, the company’s results of operations and financial condition could be adversely affected. AngloGold Ashanti could incur fines, penalties and other sanctions, clean-up costs and third-party claims for personal injury or property damage, suffer reputational damage, or be required to install costly pollution control equipment or to modify or suspend operations, as a result of actual or alleged violations of environmental, health and safety laws and regulations or the terms of AngloGold Ashanti’s permits.

ClosureIn some of a mine could trigger or accelerate obligations, including the conductjurisdictions in which AngloGold Ashanti operates, the government enforces compulsory shutdowns of environmental rehabilitation activities and/oroperations to address historical impacts on environmental qualityenable investigations into the cause of accidents. Certain of the company’s operations have been temporarily suspended for safety reasons in the area surrounding the mine. Costs incurredpast. In South Africa, so-called “Section 54 safety stoppages” have become a significant issue as an enforcement mechanism used by the companyDepartment of Mineral Resources and Energy Mining Inspectorate whose inspectors routinely issue such notices. For example, in excess2019, 8 notices were issued that had a material adverse impact on production at the company’s mines. Section 54 safety stoppages resulted in the estimated direct loss of 11,324, 4,680 and 1,226 ounces of gold production from the South African region operations during 2017, 2018 and 2019, respectively. In March 2020, operations in certain areas at Mponeng have been suspended pending the outcome of investigations in connection with three fatalities caused by a seismic event and one fatality due to a tramming accident.

AngloGold Ashanti’s existing provisionsreputation could be damaged by any significant governmental investigation or enforcement action for such matters,non-compliance with health and safety laws, regulations or on a more accelerated or compressed timeline than currently anticipated, and the timing thereofstandards. Any of these factors could have a material adverse impacteffect on AngloGold Ashanti’sthe company’s results of operations and financial condition.

Failure to comply with applicable environmental, health and safety laws and regulations may also result in the suspension or revocation of operating permits. AngloGold Ashanti’s ability to obtain and maintain permits and to successfully operate in particular communities may be adversely impacted by real or perceived effects on the environment or human health and safety associated with AngloGold Ashanti’s or other mining companies’ activities.




For example, in Colombia, various plaintiffs, including the governmentgovernmental authorities and various associations that represent local communities, brought legal proceedings against AngloGold Ashanti Colombia S.A. (AGAC) alleging that AGAC violated applicable environmental laws in connection with the La Colosa project. In one such proceeding, AGAC filed an action againstinstance, the Colombian Department of the Environment, Housing and Territorial Development (DoE) after the DoE issued a fine of $70,000 against the company. Following a series of appeals, in January 2017 the appellate court reinstated the fine against the company. Although the amount of the fine is not significant, the finding that the company breachedrepeated or continuous breach of such applicable environmental laws, among other grounds, could be used as the basis for legal action by the Colombian government that could prohibit AGAC from doing business with the Colombian government for a period of five years. As a result,In such circumstances, AGAC’s three core concession contracts relating to the La Colosa project maycould be cancelled.cancelled depending on the severity of the violations. As a result, AGAC wouldcould be required to abandon the La Colosa project and allits other existing mining concession contracts andas well as any pending proposals for new mining concession contracts of AGAC, thoughAGAC. However, this would not affect those of other companies of the AngloGold Ashanti group operating in Colombia. AGAC is currently evaluating its options with respect to this matter. Separately, in October 2016,as part of the La Colosa class action lawsuit, Tolima’s Administrative Court ordered in October 2016 that a technical study be prepared by April 2017 to determine whether the La Colosa project presents a “threat” to the environment during its exploration phase. In December 2017, Ibaque'sIbagué's Third Administrative Court ordered athat another similar technical study.study be prepared for the La Colosa project. AGAC is in the process of appealingappealed these orders but if such threatand the matter is determined to exist, certain activities at La Colosa may be suspended.currently pending before the Council of State of Colombia (the highest court for administrative matters). See “Item 8A: Legal Proceedings”Proceedings-Colombia”.

In addition, unknown environmental hazards may exist on the company's properties which may have been caused by previous owners or operators. An incident atEnvironmental impacts arising in connection with AngloGold Ashanti's operations could lead to the imposition of legal obligations, including the remediation of environmental contamination, and claims for property damage and personal injury from adjacent communities. Incidents at AngloGold Ashanti's operations, or other mining companies' operations, could result in the tightening of regulatory requirementscommunities and restrictions that are applicable to AngloGold Ashanti'son mining operations. For example, brief gold processing stoppages after environmental incidents, such as pipeline failures or deficiencies in water management systems, have occurred previously at AngloGold Ashanti's Obuasioperations. In addition, closure of a mine could trigger or accelerate obligations, including to conduct environmental rehabilitation activities and/or to address historical impacts on environmental quality in Ghana.the area surrounding the mine. Costs incurred by the company in excess of AngloGold Ashanti’s existing provisions for such matters, or on a more accelerated or compressed timeline than currently anticipated, could have a material adverse impact on AngloGold Ashanti’s results of operations and financial condition.

Environmental laws and regulations are continually changing and are generally becoming more stringent. Changes to AngloGold Ashanti’s environmental compliance obligations or operating requirements could adversely affect the company’s operations, rate of production and revenue. Variations in laws and regulations, assumptions made to estimate liabilities, standards or operating procedures, more stringent emission or pollution thresholds or controls, or the occurrence of unanticipated conditions, may require operations to be suspended or permanently closed, and could increase AngloGold Ashanti’s expenses and provisions. These expenses and provisions could adversely affect the company’s results of operations and financial condition.

For example, the use of hazardous materials in metallurgical processing remains under constantcontinued scrutiny. As there are few, if any, effective substitutes in extracting gold from the ore, any ban or material restrictions on the use of such materials in mining operations in the jurisdictions where AngloGold Ashanti conducts its operations could adversely affect the company’s results of operations and

financial condition. In addition, leaks or discharges of hazardous materials could result in liabilities for clean-up or personal injury that may not be covered by insurance.

AngloGold Ashanti’s operations are heavily dependent upon access to substantial volumes of water for use in the mining and extractive processes and typically are subject to water-use permits that govern usage and require, amongst other things, that mining operations maintain certain water quality upon discharge. Water quality and usage are areas of concern globally, such as with respect to the company’s mining operations in Ghana and South Africa and its exploration projects in Colombia, where there is significant potential environmental and social impact and a high level of stakeholder scrutiny. Any failure by the company to secure access to suitable water supplies or achieve and maintain compliance with applicable requirements of the permits or licenses, could result in curtailment or halting of production at the affected operations. Incidents of water pollution or shortage can, in certain cases, lead to community protest and ultimately to the withdrawal of community and government support for AngloGold Ashanti’s operations. A failure by the company to comply with water contamination rehabilitation directives may result in further, more stringent, directives being issued against the company, which may, in some cases, result in a temporary or partial shutdown of some of the company’s operations.

Mining and mineral processing operations generate waste rock and tailings. The impact of dust generation, breach, leak, or other failure of a waste rock or tailings storage facility (TSF), including any associated dam, can be significant. An incident at AngloGold Ashanti’s operations could lead to, amongst others,result, among other things, in enforcement, obligations to remediate environmental contamination, negative press coverage, and claims for property damageor natural resources damages and personal injury fromby adjacent communities. Incidents at other mining companies’ operations could result in governments tighteninggovernmental action to tighten regulatory requirements and restrictingrestrict certain mining activities.activities, in particular with respect to TSFs. See “Item 4B: Business Overview-Environmental, Health and Safety Matters”.

For example, a TSF at the Córrego do Feijão iron ore mine owned by Vale at Brumadinho in the state of Minas Gerais in Brazil burst in January 2019. Tailings reached the mine’s administrative area and part of the local community, reportedly resulting in death or injury to hundreds of people. As a result of this incident, environmental licensing processes in Brazil for mining companies have become more difficult, especially those involving TSFs. Since this incident, the Brazilian authorities have been considering, and in some cases have adopted, stricter laws and regulations applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs in Brazil. It is expected that there will be further changes in federal and state legislation and regulation, as well as much more intense scrutiny and control of, as well as cost increases associated with inspecting, maintaining and constructing TSFs. Certain types of TSFs may be prohibited, and any such prohibitions may result in operational disruptions until alternate facilities can be constructed or existing facilities can be reinforced. In addition, it is believed that communities will increasingly seek engagement and information with respect to the adequacy of the safety measures in place to protect them from TSF-related incidents. For example, the National Congress is currently considering Federal Bill No. 550/2019, which, among other measures, contains specific requirements in respect of the decharacterization (descaracterização) and decommissioning of TSFs, including the removal of tailings material from existing and future TSFs. If adopted in its current form, the bill may cause a significant increase in provisions for decharacterization, decommissioning and closure, may result in additional operating or capital costs for the company and could potentially have an adverse impact on production levels at the affected operations over the next 24 months. The mining sector is liaising with the legislative authorities and other stakeholders in an effort to introduce amendments to this proposed bill which would mitigate some of the concerns identified by the mining industry, in particular, regarding the requirement to remove tailings material from decommissioned TSFs. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine-Americas-Brazil”. Furthermore, at the federal level, the Brazilian National Mining Agency (ANM) issued Resolution No. 13/19 in August 2019 prohibiting the upstream method for the construction or heightening of tailings dams throughout the national territory of Brazil. ANM Resolution No. 13/19 further requires the deactivation of TSFs constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as the decommissioning of such TSFs by 15 August 2022 to 15 September 2027 (depending on the capacity volume). As a result, the Serra Grande mine in the state of Goiás is in the process of reinforcing the dam walls of its upstream TSF in advance of its expected deactivation by 15 September 2021. Additionally, public prosecutors have been pursuing an active role in the enforcement of new state and federal laws and regulations by way of legal action against several mining companies to compel compliance with these new rules. The company’s Brazilian subsidiaries are currently involved in such lawsuits in the state of Goiás in respect of the Serra Grande tailings dam and in the state of Minas Gerais in relation to the Cuiabá tailings dam. The outcome of these lawsuits cannot be predicted but, if resolved adversely to the company, may oblige the company to accelerate the decommissioning of the Serra Grande tailings dam, including possibly the complete removal of tailings material, by 15 September 2022 and could result in the suspension of the company’s operational permit for the Cuiabá tailings dam. As a result, such adverse judgments may result in additional and accelerated operating or capital costs for the company, including costs exceeding the company’s current provisions for decommissioning these sites, and could have an adverse impact on the company’s production levels at the affected operations over the next 24 months, all of which may adversely affect the company’s financial condition and results of operations. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine-Americas-Brazil” and “Item 8A: Legal Proceedings-Brazil”.

Mining companies are required by law to close their operations at the end of the mine life and rehabilitate the impacted areas. Estimates of the total ultimate closure, reclamation and rehabilitation costs for gold mining operations are significant and based principally on life-of-mine profiles, changing inflation and discount rate assumptions, changing infrastructure and facilities design and current legal and regulatory requirements that may change materially. Environmental liabilities are accrued when they become known, are probable and can be reasonably estimated. Increasingly, regulators are seeking security in the form of cash collateral or bank guarantees in respect of environmental obligations. For example, in South Africa, regulations require mining companies to

make financial provisions for rehabilitation for at least 10 years. The Department of Environmental Affairs (DEA) postponed the compliance deadline for the National Environmental Management Act (NEMA) Financial Provisioning RegulationsSee “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to February 2019 and acknowledged challenges identified by the industry in collaboration with the Chamber of Mines. The costs required to comply with these obligations and any similar ones enacted in other jurisdictions may have an adverse impact on the company’s financial condition.Mine”.

AngloGold Ashanti’s provisions for decommissioning and for restoration (excluding joint ventures)ventures, but including liabilities related to assets held for sale) totalled $851$724 million in 2014, $6832017, $637 million in 2015 (following the sale of CC&V), $7052018 and $730 million in 2016 and $695 million in 2017.2019. Costs associated with rehabilitating land disturbed by mining processes and addressing environmental, health and community issues are estimated and financial provision made based upon current available information based on our commitments in terms of environmental legislation or agreements with government. Estimates notably relate to discount rates, which may vary due to changes in global economic assumptions, and mine plans, which may change in line with variations in cash flows, designs of tailings storage facilities and methodologies used to compute liabilities (including as a result of a request from environmental regulatory authorities). EstimatesAs such, estimates may however, be insufficient and further costs may be identified at any stage that may exceed the provisions that AngloGold Ashanti has made. Any underestimated or unidentified rehabilitation costs would reduce earnings and could materially and adversely affect the company’s asset values, earnings and cash flows. Further, sudden changes in a life of mine plan or the accelerated closure of a mine may give rise to the recognition of additional liabilities that are not anticipated.


Compliance with emerging climate change regulations could result in significant costs and climate change may present physical risks to a mining company’s operations.

Greenhouse gases (GHGs) are emitted directly by AngloGold Ashanti’s operations, as well as by external utilities from which AngloGold Ashanti purchases electricity. A number of international and national measures to address or limit GHG emissions are in various phases of discussion or implementation in the countries in which the company operates. As a result of commitments made at the UN climate conferenceClimate Change Conference in Durban, South Africa in December 2011, certain members of the international community negotiated a treaty at the Conference of the Parties of the UN Framework Convention on Climate Change in Paris in December 2015 Conference of Parties in Paris.(Paris Agreement). The Paris Agreement, which came into force on 4 November 2016, requires developed countries to set targets for emissions reductions, came into force on 4 November 2016.reductions. Additional measures addressing GHG emissions may be implemented at the national or international levels. levels in various countries.

For example, in South Africa, National Treasury issued the second draft Carbon Tax Bill,Act, No. 15 of 2019, imposing a tax on 14 December 2017. The implementation datecarbon dioxide equivalent of the carbon tax will be determined by the Minister of Finance, and is expected through an announcement in 2018, or at the Budget 2019, taking into account the state of the economy.GHG emissions, took effect on 1 June 2019. The tax will be implemented in a phased in withmanner, taking into account South Africa’s Nationally Determined Contributions (NDCs) commitment under the Paris Agreement to reduce greenhouse gas emissions. The first phase, ending inwhich runs from June 2019 to December 2022, imposed a tax of ZAR120/ton carbon dioxide equivalent (CO2-e) of direct GHG emissions, which will increase by CPI plus two percent up to 2022 and the impact in theline with inflation thereafter. As this first phase is designed to be revenue-neutral in terms of its aggregated impact, givena system of rebates is in place effectively reducing the complementary tax energy incentivesactual rate to be in a range of ZAR6/ton to ZAR48/ton. See also “Item 4B: Business Overview-Environmental, Health and reduction or credit for the current electricity levy. In addition, South Africa ratified the Paris Agreement in November 2016 and endorsed its nationally-determined contribution, which requires that greenhouse gas emissions peak in 2020 to 2025, plateau from 2025 to 2035 and decline from 2036 onwards.Safety Matters”.

These, or future, measures could require AngloGold Ashanti to reduce its direct GHG emissions or energy use or to incur significant costs for GHG emissions permits or taxes, or have theseincluding for those costs or taxes passed on by electricity utilities which supply the company’s operations. AngloGold Ashanti could also could incur significant costs associated with capital equipment, GHG monitoring and reporting and other obligations to comply with applicable requirements. The most likely source of these obligations is through state-level implementation of new emissions or financial obligations pursuant to evolving climate change regulatory regimes.

Other countries, including Australia and Brazil, have passed or are considering GHG trading or tax schemes and/or other regulation of GHG emissions, although the precise impact on AngloGold Ashanti’s operations cannot yet be determined.See also “Item 4B: Business Overview-Environmental, Health and Safety Matters”.

In addition, AngloGold Ashanti’s operations could be exposed to a number of physical risks from climate change, such as changes in rainfall rates or patterns, rising sea levels, reduced process water availability, higher temperatures and extreme weather events. EventsSuch events or conditions, such asincluding flooding or inadequate water supplies, could disrupt mining and transport operations, mineral processing and rehabilitation efforts, create resource or energy shortages or damage the company’s property or equipment and increase health and safety risks on site. Such events or conditions could have other adverse effects on the company’s workforce and on the communities around its mines, such as an increased risk of food insecurity, water scarcity and prevalence of disease, all of which could have a material adverse effect on the company’s results of operations and financial condition.


Compliance with “conflict minerals” and “responsible gold” legislation and standards could result in significant costs.

Stringent standards relating to “conflict minerals” and “responsible” gold that includeincluding, but not limited to the U.S. Dodd-Frank Act, the European proposalEU Regulation 2017/821 on supply chain due diligence obligations for self-certification forEU importers of gold originating from conflict-affected and high-risk areas, the Organisation for Economic Cooperation and DevelopmentOECD Due Diligence Guidelines for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, the World Gold Council Conflict FreeConflict-Free Gold Standard and the London Bullion Market Association Responsible Gold Guidance have been introduced.

Any such legislation and standards may result in significant costs to ensure and demonstrate compliance (particularly where standards change rapidly or lack certainty due to court challenges), and may complicate the sale of gold emanating from certain areas. The complexities of the gold supply chain, especially as they relate to “scrap” or recycled gold, and the fragmented and often unregulated supply of artisanal and small-scale mined gold are such that there may be significant uncertainties at each stage

in the chain as to the provenance of the gold. As a result of the uncertainties in the process, the costs of due diligence and audit, or the reputational risks of defining their product or a constituent part as containing a “conflict mineral” may be too burdensome for the company’s customers. Accordingly, manufacturers may decide to switch supply sources or to substitute gold with other minerals not covered by the initiatives. This could have a material negative impact on the gold industry, including on AngloGold Ashanti’s results of operations and financial condition.


Mining operations and projects are vulnerable to supply chain disruption such that operations and development projects could be adversely affected by shortages of, as well as the lead times to deliver, strategic spares, critical consumables, mining equipment or metallurgical plant.

AngloGold Ashanti’s operations and development projects could be adversely affected by both shortages and long lead times to deliver strategic spares, critical consumables, mining equipment and metallurgical plant, as well as transportation delays. Import restrictions, such as those imposed by the Argentinian government from 2011 to 2015, can also delay the delivery of parts and equipment. In the past, the company and other gold mining companies experienced shortages in critical consumables, particularly as production capacity in the global mining industry expanded in response to increased demand for commodities. AngloGold Ashanti has also experienced increased delivery times for these items. Shortages have resulted in unanticipated price increases and production delays and shortfalls, resulting in a rise in both operating costs and in the capital expenditure necessary to maintain and develop mining operations.

Individually, AngloGold Ashanti and other mining companies have limited influence over manufacturers and suppliers of these items. In certain cases, there are a limited number of suppliers for certain strategic spares, critical consumables, mining equipment or metallurgical plant who command superior bargaining power relative to the company. The company could at times face limited supply or increased lead time in the delivery of such items. For example, during 2012, supply of caustic soda was delayed in the Continental Africa Region. In addition, the unreliability of oxygen and lime supply similarly affected production at the Vaal River and West Wits surface operations in South Africa throughout 2011 and poor availability of drill rigs, heavy machinery and fleet equipment hampered underground drilling and overall operational performance at the Serra Grande mine in Brazil, also in 2011.items.

The company’s procurement policy is to source mining and processing equipment and consumables from suppliers that meet its corporate values and ethical standards, but risks remain around the management of ethical supply chains. In certain locations, where a limited number of suppliers meet these standards, additional strain is placed on the supply chain, thereby increasing the cost of supply and delivery times.

Furthermore, supply chains and rates can be impacted by natural disasters, such as earthquakes, extreme weather patterns and climate change, as well as other phenomena that include unrest, strikes, theft and fires. For example, a three-week transport strike in 2012 delayed the supply of consumables in South Africa. Although potential supply chain disruption in Mali, as a result of the coup d’état and the proliferation of armed combat in 2012 and 2013, were avoided by well-managed consumable stock holding, ongoing instability and armed conflict in the country, even following the peace accord struck in 2015, could present material supply chain difficulties. Moreover, although potential gold doré export disruptions at Geita, which were the result of an attempted gold heist,Africa and in Mali, following the closure of Bamako International Airport, were minimised with the introduction of alternative transportation arrangements, such alternatives may not be available upon the occurrence of similar or more severe situations in the future. In February 2013, a fire destroyed the heavy mining equipment stock of spares and components at the Geita gold mine. If AngloGold Ashanti experiences shortages, or increased lead times in the delivery of strategic spares, critical consumables, mining equipment or processing plant, the company might have to suspend some of its operations and its results of operations and financial condition could be adversely impacted.

The Siguiri mine in Guinea was impacted as a result of the Ebola virus outbreak of 2014 in Western Africa, where certain crisis management measures were implemented. See “-AngloGold Ashanti’s Ore Reserve, deposits and mining operations are located in countries that face instability and security risks that may adversely affect both the terms of its mining concessions, as well as its ability to conduct operations in certain countries.”countries”.

Similarly, an outbreak of infectious diseases, a pandemic or other public health threat, such as the recent outbreak of the SARS-CoV-2 virus responsible for COVID-19, or a fear of any of the foregoing, could adversely impact our operations by causing supply chain delays and disruptions, import restrictions or shipping disruptions, as well as operational shutdowns (including as part of government-mandated containment measures). For example, the both the Argentinian and South African governments have recently imposed significant restrictions on the movement of goods, services and persons, including a nationwide lockdown of businesses and its citizens (quarantine).In Brazil, the State of Goiás has also imposed similar restrictions. Such disruptions and other manufacturing and logistical restraints could result in extended lead times in supply and distribution networks, as well as the exercise of force majeure measures, the impacts of which could eventually result in stoppage of mining operations. In addition, restrictions in travel and border access may impact the company’s ability to source and transport goods and services required to operate mines and to transport gold doré to refineries. AngloGold Ashanti cannot guarantee that its crisis management measures will be adequate, that the supply chain and operations will not be adversely affected by a future Ebola, COVID-19 or other epidemic outbreak andor that there willwould be no knock-on effectsrelated consequences, such as severe food shortages and social impact. Epidemic-related export restrictions (including as a result of government regulation and prevention measures) could similarly adversely impact the company’s financial condition and results of operations.


Concerns about the integrity or reliability of the London Bullion Market Association (LBMA) Gold Price Benchmark could adversely affect investor interest in gold and confidence in the gold market.

Historically, the gold market relied on prices and trades made relative to a benchmark known as the London Gold Fix (Fix), set by a group of five fixing banks that matched buyers and sell orders. Following a series of allegations regarding the possible manipulation of the Fix by fixing banks, U.S., German and U. K.UK regulators undertook a review of the fixing process. While the U.S. Commodity Futures Trading Commission and the German BaFin dismissed allegations of manipulation in 2013 and 2015, respectively, in 2014 Deutsche Bank withdrew from the fixing panels and the UK Financial Conduct Authority (FCA) fined one of the fixing banks. The FCA identified systems and control failures and conflicts of interest in relation to gold fixing over the nine years to 2013 and one instance of gold price manipulation in 2012. Separately, several lawsuits have been filed against fixing banks alleging that they have colluded to manipulate the gold benchmark price, including class actions instituted in the United States in 2014 and Canada in 2015. Some of these class actions were settled in the United States in 2016.


In 2015, the London Gold Fix was replaced by the LBMALondon Bullion Market Association (LBMA) Gold Price Benchmark, which is run and managed by the Intercontinental Exchange (ICE). The ICE is independent of the gold market as it does not conduct any trading of gold.


Whilst AngloGold Ashanti had no role in the operation of the Fix during the period under review and has no responsibility for the conduct of the market makers in the gold market, the gold market could still be affected if the integrity of the LBMA Gold Price Benchmark is undermined as a result of ongoing lawsuits, resulting in reduced demand for the company’s gold, greater volatility in gold prices and less liquidity in the gold market. Since 2015, when AngloGold Ashanti joined the new oversight committee for the LBMA Gold Price Benchmark which is regulated by the FCA, the volumes being traded through the benchmarks have steadily increased, as have the number of direct participants. Due to some issues around the LBMA Silver Price Benchmark, ICE, under the auspices of the LBMA Gold Price Benchmark, was asked to assume the duties of managing the Silver Benchmark. As such, the LBMA Gold Price Oversight Committee has now become the LBMA Precious Metals Oversight Committee. If further allegations are made against the LBMA Gold Price Benchmark in the future, AngloGold Ashanti could be implicated more directly, which may have an adverse effect on its reputation.

Diversity in interpretation and application of accounting literature in the mining industry may impact reported financial results.

The mining industry has limited industry-specific accounting literature.  As a result, there is diverse interpretation and application of accounting literature on mining-specific issues.  AngloGold Ashanti, for example, capitalises drilling and costs related to defining and delineating a residual mineral deposit that has not been classified as a “Proven and Probable Ore Reserve” at a development project or production stage mine.  Some companies may, however, expense such costs.

As and when this diverse interpretation and application is addressed, the company’s reported results could be adversely impacted should the adopted interpretation differ from the position it currently follows.

For example, International Financial Reporting Standard (IFRS) 16 Leases was issued in January 2016 and, in comparison to its predecessor International Accounting Standard (IAS) 17 makes significant changes to the accounting treatment for leasing transactions for lessees. IFRS 16 is applicable for all financial years commencing on or after 1 January 2019, with options for full or modified retrospective application.

The approach of IAS 17 was to distinguish between two types of leases. Leases which transfer substantially all the risks and rewards of ownership of an asset were classified as finance leases. All other leases were classified as operating leases. The lease classification set out in IAS 17 was subjective and allowed the preparers of lessee’s financial statements to conclude in certain instances that leases should be classified as operating rather than as finance leases.

Under IFRS 16, however, a lessee is required to recognise right of use assets and lease liabilities, including those of operating leases.The requirements of IFRS 16 may have significant impacts on key accounting ratios of the company. The greater recognition of leased assets and lease liabilities on the statement of financial position will reduce return on capital employed and increase gearing. Initial measures of profit are likely to be reduced, as in the early years of a lease the combination of depreciation of the right of use asset and the finance charge associated with the lease liability will exceed the lease rentals (which have historically been charged on a straight-line basis). This change could have an adverse impact on AngloGold Ashanti's borrowing capacity or credit ratings in the future.

Failure to comply with laws, regulations, standards and contractual obligations, breaches in governance processes or fraud, bribery and corruption may lead to regulatory penalties, loss of licences or permits, negative effects on AngloGold Ashanti’s reported financial results, and adversely affect its reputation.

AngloGold Ashanti’s operations must comply with the U.S. Foreign Corrupt Practices Act and similar anti-corruption and anti-bribery laws of the jurisdictions in which AngloGold Ashanti operates. There has been a substantial increase in the global enforcement of these laws and an increased focus on the actions of mining companies. Although AngloGold Ashanti has a compliance programme in place designed to reduce the likelihood of violationsAny violation of such laws any violation could result in significant criminal or civil sanctions. Conversely, in certain circumstances, strict compliance with anti-bribery laws may conflict with certain local customs and practices. Since the company operates globally in multiple jurisdictions, including those with less developed political and regulatory environments, and within numerous and complex frameworks, its governance and compliance processes may not prevent potential breaches of law, accounting principles or other governance or customary practices.

AngloGold Ashanti’s Code of Business Principles and Ethics and Policy on Anti-Bribery and Anti-Corruption, amongst other policies, standards and guidance, and training thereon may not prevent instances of unethical or unlawful behaviour, including bribery or corruption. They also may not guarantee compliance with legal and regulatory requirements and may fail to enable management to detect breaches thereof.

Sanctions for failure by the company or others acting on its behalf to comply with these laws, regulations, standards and contractual obligations could include fines, penalties, resignation or removal of officers, imprisonment of officers, litigation, and loss of operating licences or permits, suspensions of operations and negative effects on AngloGold Ashanti’s reported financial results and may damage its reputation. Such sanctions could have a material adverse impact on the company’s financial condition and results of operations.


Breaches in cybersecurity and violations of data protection laws may adversely impact AngloGold Ashanti’s business.

AngloGold Ashanti maintains global information technology (IT) and communication networks and applications to support its business activities. AngloGold Ashanti outsources several information technology functions and applications to third party vendors and these engagements may have an impact on the overall cybersecurity position of the company. The primary company systems managed by third party vendors include, but are not limited to:to, cloud infrastructure, data centre management, server / personal computing support, enterprise resource programs, email and digital documents and the Cyber Security Operations Centre. AngloGold Ashanti  has implemented an Information Security Management System (ISMS) to safeguard the company's IT environment. The ISMS is  a framework for the policies, standards and procedures adopted to comply with ISO/IEC 27001:2005, and manages identified cybersecurity related risks.

The company must continuously monitor the solutions implemented to support its global information technology and communication networks and applications to maintain a suitable and well-managed environment. While the security of the company's technical platforms and information systems will be regularly reviewed as part of the compliance initiatives and will be measured against the appropriate security implementation standards and documented security controls, thereThere can be no assurance that these efforts will always be successful.

The sophistication and magnitude of cybersecurity incidents are increasing and include malicious software, attempts to gain unauthorised access to data and other electronic security and protected information breaches that could lead to production downtimes, operational delays, the compromising of confidential or otherwise protected information, destruction or corruption of data, other manipulation or improper use of AngloGold Ashanti’s systems and networks or financial losses from remedial actions. For example, in 2017, the business experienced aearly 2020, there was an unsuccessful cybersecurity attack that compromised a senior manager's email account over a period of approximately four months. While AngloGold Ashanti did not incur monetary loss or experience reputational damage due(“brute-force” attack) attempting to this breach the case has been reported to the Australian Police and is currently under investigation.company’s email servers. No breach was recorded.

Information technology security processes may not prevent future malicious actions, denial-of-service attacks, or fraud, which could result in the corruption of operating systems, theft of commercially sensitive data, misappropriation of funds and business and operational disruption.  AngloGold Ashanti's insurance program includes limited coverage for cyber-related crimes and incidents as part of the global insurance program, and material system breaches and failures could result in significant interruptions that could adversely affect AngloGold Ashanti’s operating results and reputation.


The interpretation and application of consumer and data protection laws in South Africa, the United States and elsewhere are uncertain and evolving. It is possible that these laws may be interpreted and applied in a manner that is inconsistent with AngloGold Ashanti’s data practices. Complying with these various laws is difficultessential and could cause the company to incur substantial costs or require it to change its business practices in a manner adverse to its business.

For example, on 25 May 2018the failure to comply with the General Data Protection Regulation (GDPR) will come into force. The GDPR is an European Union (EU) wide framework for the protection of personal data of EU based individuals. The GDPR enhances existing legal requirements through several new rules, including stronger rights for data subjects and mandatory data breach notification requirements, and increases penalties for non-compliance. Failure to comply with the GDPR may lead to a fine of up to four percent of a company’s worldwide turnover or up to Euro 20€20 million. Also, the GDPR has a scope that extends beyond the borders of the EU and does not only affect EU operations.


Risks related to AngloGold Ashanti’s results of operations and financial condition as a result of factors specific to the company and its operations

AngloGold Ashanti’s Ore Reserve, deposits and mining operations are located in countries that face instability and security risks that may adversely affect both the terms of its mining concessions, as well as its ability to conduct operations in certain countries.

Some of AngloGold Ashanti’s mineral deposits and mining and exploration operations are located in countries that are experiencing political and economic instability and other uncertainty.

Certain of the countries in which AngloGold Ashanti has mineral deposits or mining or exploration operations, including the DRC, Mali, Guinea, Ghana, Tanzania, South Africa, Colombia and Brazil, have in the past experienced, and in certain cases continue to experience, a difficult security environment.  In particular, various illegal groups active in regions in which the company is present may pose a credible threat of organised crime, military repression, terrorism, civil unrest and disturbances, sabotage, extortion and kidnapping, which could have an adverse effect on its operations in these and other regions.

ForAttacks on mining companies (for example, Mali continuesattacks targeting gold rooms where smelted gold bars are stored before being transported to experience a difficult security environment sinceother facilities) have also been occurring over the military couplast couple of years, especially in March 2012.  The situation in Mali remains of heightened concern as a result of the instability in northern Mali, which also spread to Central Mali in 2016.

Eastern DRC also continues to experience tension consistent with the cycles of unrest experienced since the late 2000s.  Fighting has caused instability in the areaBrazil and could expand or intensify, particularly in response to certain political actions such as the postponement of elections in early 2017.


In 2012, AngloGold Ashanti Colombia’s (AGAC) assetsSouth Africa, and employees were the targets of direct hostile attacks around the La Colosa project’s area of influence.  Although a peace agreement with the Revolutionary Armed Forces of Colombia-People’s Army (FARC) was brokered in 2016, the risk of rogue factions joining criminal gangsfuture attacks remains a threat and other similar attacks could adversely affect the company’s activities in Colombia in the future.activities.

In March 2017, the bullion strong room and security employees at Mineração Serra Grande in Brazil were the target of an armed attack. There were no fatalities, serious injuries or loss of product. The risk of a future attack remains a threat and other similar attacks could adversely affect the company’s activities in Brazil.

From 2009 to 2015, the company recorded an almost four-fold increase in the instances of injury to security personnel, including members of AngloGold Ashanti’s internal security, private security companies and public security forces in certain jurisdictions. The injury rate increase was caused by a rise in the number and severity of security incidents resulting from increased illegal and artisanal mining due to a steady migration of people into the applicable areas and an increase in the level of organisation and funding of criminal activity around some of the company’s Continental African operations. Although this trend stabilised in 2016, intrusionsIntrusions onto the company’s tenement and operational areas, including artisanal and illegal mining-related activities in particular, continue to be a challenge.  The most significant security challenges remain in Tanzania, Guinea, Mali and Ghana, in areas where there is endemic poverty, and high levels of unemployment.unemployment and an increased level of organisation and funding of criminal activity. See “-Illegal“-Artisanal and artisanalillegal mining occurs on AngloGold Ashanti’s properties, which can disrupt the company’s business and expose the company to liability.”liability”. If the security environment surrounding the company’s operations that are most exposed to these challenges deteriorates, employee, third-party and community member injuries and fatalities could also increase.  Any such increase could disrupt the company’s operations in certain mines and adversely affect its reputation, results of operations and financial condition.

In some instances, risk assessments categorise threats as serious enough to require resorting to public security forces, such as national police or military units on a near-permanent basis. For example, the company relies on the army for support at its mining operations in Ghana. Incursions occurred at2018, the Obuasi mine following withdrawal of such state security protection in February 2016, and an AngloGold Ashanti employee was killed. Following these events, AngloGold Ashanti withdrew its employees performing non-essential functionsthe Gendarmes, Malian paramilitary units, from the Obuasi mine.closed Yatela mine in Mali, resulted in a mass invasion of illegal miners into the dormant pit, resulting in numerous fatalities amongst such illegal miners due to landslides. In the event that continued operationsinvasions in any of the company’s countries of operations compromise the company’s security or business principles, AngloGold Ashanti may withdraw from any such countries on a temporary or permanent basis.  This could have a material adverse impact on AngloGold Ashanti’s results of operations and financial condition.

Furthermore, the company continues to experience strained relationships with certain of its host communities.  AngloGold Ashanti operates in several regions where poverty, unemployment and the lack of access to alternative livelihoods mean that the creation and distribution of economic benefit from mining operations is a significant area of focus for community and government. For example, protests demanding employment by the communities and youth occurred at the company’s Siguiri mine in Guinea in 2016. AngloGold Ashanti has also been publicly accused of inadequate resettlement practices at its Siguiri operation in Guinea by local and international non-governmental organisations (NGO), which poses reputational risk. For example, in April 2017, local community members in Siguiri filed a complaint with the Office of the Compliance Advisor Ombudsman (CAO) raising concerns regarding these resettlement practices and alleging that AngloGold Ashanti provided inadequate compensation post-resettlement and failed to take adequate measures to restore their livelihoods. The CAO is the independent accountability mechanism for the International Finance Corporation (IFC). IFC is a lender to Nedbank, one of the lenders under AngloGold Ashanti’s revolving credit facilities. The company has agreed to work with the complainants, the IFC and Nedbank to try to resolve these issues through a collaborative approach using CAO’s dispute-resolution process.

Additionally, AngloGold Ashanti has been involved in disputes with the Merafong City Local Municipality in South Africa over property valuations and water services surcharges. These matters have drawn public attention and have been discussed with the Minister of Mineral Resources. 

In addition, infectious diseases are also a threat to the stability of some of the countries in which the company operates, where limited local health infrastructure weakens governments’ ability to manage and contain outbreaks effectively.effectively, in particular prolonged or sustained outbreaks.  For example, during August 2014, cases of the Ebola virus disease (EVD) were reported in Siguiri, Guinea, which is located near AngloGold Ashanti’s Siguiri mine.mine in Guinea.  The company implemented certain restrictions on travel to and from the Siguiri mine as a precaution. As EVDthe Ebola virus caused significant disruptions in the company’s exploration activities, particularly relating to field mapping and geophysics, AngloGold Ashanti also suspended its brownfields work programme and greenfields field work in the middle of 2014. Although this situation has normalisedThe DRC also experienced an outbreak of the Ebola virus in Guinea,2018, which is being monitored continuously.

Similarly, the company operates mines in countries that have confirmed cases of COVID-19 and resulting death. In some countries, national or state governments have declared a state of emergency empowering such governments to take actions or impose restrictions to contain the virus that otherwise would not be permitted under the applicable legal and regulatory framework. Governments have also imposed certain restrictions on travel or business activities as precautionary measures, including nationwide lockdowns (quarantine), which may disrupt the company’s activities and operations and even lead to a full or partial shutdown of

the company’s mining operations in those countries. For example, on 21 March 2020, following the Argentinian government’s decision to impose a nationwide lockdown (quarantine), including travel restrictions, border closings and shutdown of most industries, until 31 March 2020, Cerro Vanguardia S.A. (CVSA) was required to temporarily suspend mining activities. Similarly, on 23 March 2020, the South African government announced a 21-day nationwide lockdown, effective from midnight on 26 March 2020, resulting in the futuretemporary suspension of mining activities of the company’s South African operations particularly Mponeng, and the partial suspension of mining activities at Mine Waste Solutions and Surface Operations.On 26 March 2020, in Brazil, the State of Goiás extended a set of restrictions on the operation of nonessential business, which are set to run through 4 April 2020, to include mining, resulting in the temporary suspension of mining activities at our Serra Grande operations. In these countries, the suspension of mining activities will continue for the period during which the respective restrictions remain in force. Any such emergency governmental action may have a material adverse effect on the company’s operating and financial results, which may result in a negative impact on the company’s cashflows, funding requirements and overall liquidity. In addition to governmental measures, the company may also consider furtheradditional safety measures which may negatively impactfurther the negative impacts on its operations or its exploration projects in neighbouring areas in countries that may be affected by infectious diseases.diseases, such as Ebola or COVID-19.

AngloGold Ashanti’s mineral deposits, Ore Reserve, and mining operations are located in countries where political, tax and economic laws and policies may change rapidly and unpredictably and such changes and policies may adversely affect both the terms of its mining concessions, as well as its ability to conduct operations in certain countries.

Past experience demonstrates that political, tax and economic laws and policies in countries in which AngloGold Ashanti operates can change rapidly. Examples include the 2012 coup d’état and subsequent fighting in Mali, the foreign currency regulations that were imposed from 2011 to 2015 and since September 2019 in Argentina and the ban on gold ore exports announced by the Tanzanian government in March 2017. As mining assets are fixed, the adverse impacts of such changes may be unavoidable and immediate.


Any existing and new mining, exploration operations and projects that the company carries out are subject to various national and local laws, policies and regulations governing the ownership, prospecting, development and mining of Ore Reserve, taxation and royalties, exchange controls, import and export duties and restrictions, investment approvals, employee and social community relations and other matters.

In many of the countries in which AngloGold Ashanti operates, there is an ongoing focus by governments seeking greater economic benefit and increased financial and social benefits from extractive industries and mining in particular. This entails the review of mining codes and stability agreements, which were in many cases designed under particular economic conditions, and the formulation or amendment of laws, policies and regulations relating to issues such as mineral rights and asset ownership, royalties, taxation and taxation disputes, “windfall” or “super” taxation, non-recovery of taxation refunds, import and export duties, currency transfers, restrictions on foreign currency holdings and repatriation of earnings. The laws, policies and regulations are increasingly uncertain, changing and generally require progressively higher payments to governments, notably in the form of increased royalties and taxes, mandated beneficiation, export levies and increasing or retaining state or national ownership of resources. In particular, changes to the fiscal terms governing AngloGold Ashanti’s operations may have a material adverse impact on the company’s results of operations or financial condition, threaten the viability of existing operations, and discourage future investments in certain jurisdictions. This may therefore have an adverse impact on the company’s ability to access new assets and potentially reduce future growth opportunities.

For example, in July 2017, the Governmentgovernment of Tanzania (GoT) enacted three pieces of new legislation which purportpurports to make a number of changes to the operating environment for Tanzania’s extractive industries, including its mining sector. These changes include, among others:other things, the right for the GoTgovernment of Tanzania to renegotiate existing mining development agreements at its discretion;discretion and the provision to the GoTgovernment of Tanzania of a non-dilutable, free-carried interest of no less than 16 percent in all mining projects; the right for the Got to acquire up to 50 percent of any mining asset commensurate with the value of tax benefits provided to the owner of that asset by the GoT; removal of the refund of input VAT incurred; an increase in the rate of revenue royalties from four percent to six percent; requirements for local beneficiation and procurement; and constraints on the operation of off-shore bank accounts.projects. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti and other major mining companies are seeking a constructive dialogue with the GoT regarding this legislation and its impact on existing mining agreements. As a precautionary step to safeguard its interests, AngloGold Ashanti has commenced international arbitration proceedings against the GoT in connection with the enactment of this legislation, as first announced in July 2017. See “Item 8A: Legal Proceedings”Mine Continental Africa-Tanzania”. There can be no assurance that the company will be successful in safeguarding its interests in the arbitration action and these changes and anyAny future amendments to the mining legislationcodes of the countries in which AngloGold Ashanti operates or attempts to renegotiate the company's existing mining conventions in such countries could have further adverse effects on the company’s financial condition and profitability.results of operations.

ForAnother example on 9 September 2011,were the amendments to the fiscal mining regime in Ghana introduced in 2012 by the government of Ghana which, among other things, increased the corporate taxation and royalty rates. In this regard, AngloGold Ashanti (Ghana) Limited negotiated in relation to the Obuasi mine a new mining code for Guinea was enacted. The new mining code significantly increaseddevelopment agreement (Obuasi DA) and tax concession agreement (Obuasi TCA) with the sharegovernment of state ownershipGhana. As a result of the parliamentary ratification of the Obuasi DA and Obuasi TCA in June 2018, the mining industry, extending a 15 percent share of future mining projects2004 Ghana Stability Agreement ceased to apply to the Obuasi mine but continued to apply to the Iduapriem mine until it expired in April 2019. Relevant engagements are currently ongoing between AngloGold Ashanti (Iduapriem) Limited with the government without financial compensation. The government also had the optionof Ghana to purchase up to an additional 20 percent of each project. However, theobtain a new mining code was suspended in October 2012 due to unfavourable reception. On 8 April 2013, the Guinean parliament voted to amend the 2011 Mining Code. The amendment was promulgated shortly thereafter by Presidential Decree on 17 April 2013. The new legislation provided that existing mining conventions would be amended through addenda which would contain various provisions, including provisions relating to taxation, state equity participation in mining companies and other matters. AngloGold Ashanti’s new convention came into effect in January 2017 and includes, among other terms, a five percent royalty on gold and a 15 percent free-carried, non-contributory interest in the minestability agreement for the Republic of Guinea.Iduapriem mine. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine”Mine-Continental Africa-Ghana”. Any future amendments to the Ghanaian mining coderegime, negotiation of new stability agreements, or attempts or failures to renegotiate the convention could have further adverse effectsexisting stability agreements on the company’s financial condition and profitability.

In 2012, the government of Ghana amended its fiscal mining regime, increasing its corporate taxation to 35 percent and royalty rates to five percent. Furthermore, the government of Ghana has constituted a review committee to review and re-negotiate stability agreements with mining companies. AngloGold Ashanti is waiting to be invited to participate in negotiations with the Ghanaian review committee. The outcome of these negotiationssame favourable conditions or at all may have a material adverse effect on the company’s results of operations or financial condition.

On 1 July 2012, Australia’s Minerals Resource Rent Tax (MRRT) came into effect afterIn Brazil, for instance, as a result of the legislation was passedVale tailings dams failure at Brumadinho in March 2012. The MRRT, which was repealedthe state of Minas Gerais in 2014, applied onlyJanuary 2019, the Brazilian authorities have been considering, and in some cases have adopted, stricter laws and regulations applicable to the bulk commoditiesapproval, licensing, construction, management, closure and decommissioning of coalTSFs in Brazil. For example, the federal

government is undertaking action to review relevant mining legislation and iron ore,has been proposing several bills in this field, including Federal Bill No. 550 which, in its current form, among other measures, contains specific requirements in respect of the decharacterization (descaracterização) and replaceddecommissioning of TSFs, including the previouslyremoval of tailings material from existing and future TSFs. The mining sector is liaising with the legislative authorities and other stakeholders in an effort to introduce amendments to this proposed Resource Super Profits Tax (RSPT),bill which covered all minerals. The Australian federal government did not include goldwould mitigate some of the concerns identified by the mining industry, in particular, regarding the requirement to remove tailings material from decommissioned TSFs. See “-Mining companies are subject to extensive environmental, health and uranium in the final MRRT. However, should Australia consider reintroducing the RSPT, or if similar “super profit” taxes were to be introducedsafety laws and implemented in any other country in whichregulations” and “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti operates,to Mine-Americas-Brazil”. Any amendments to existing legislation in Brazil may cause a significant increase in provisions for decharacterization, decommissioning and closure, may result in additional operating or capital costs for the company and could potentially have an adverse impact on production levels at the affected operations over the next 24 months, all of which may adversely affect the company’s financial condition and results of operations and financial condition could be materially adversely affected.operations.

In addition, some of AngloGold Ashanti’s mineral deposits and mining and exploration operations are located in countries that are experiencing social and political instability as well as economic uncertainty. In these countries, there is a risk that political influence may delay or hinder strategic imperatives for cost rationalisation especially in the areas of procurement and labour reductions. In addition, allegations of corruption in Brazil, the DRC, South Africa and Guinea against top political and industry leaders have increased political instability and distrust, and effortsdistrust. Efforts at political and economic reformreforms in Brazil and such other countries may lead to increased instability. Additionally, the political rhetoric and incentives prior to nationalFurthermore, general elections in Ghana latethe countries in 2016which AngloGold Ashanti operates may have influencedbe accompanied by social, political and slowed the national response to the illegal mining at Obuasi.economic uncertainty and instability. The high levels of unemployment, poverty and inequality remain in each of these countries, further increasing the risk of social instability that will continue to negatively impact their economies, business and the mining industry.

The MPRDA Amendment Bill of 2013, passed by the National Assembly of Parliament of the Republic of South Africa on 12 March 2014 (and referred back to the National Assembly by the President on 16 January 2015), could, if ruled to be constitutional, impact AngloGold Ashanti’s business by empowering the Minister of Mineral Resources to set developmental pricing conditions for certain minerals for beneficiation purposes, impose export permits on designated minerals and give the State an open-ended free carried interest and State participation.

In June 2013, the Brazilian government proposed changes to the mining legislation that are still being discussed in congress. The proposals could make the rules governing access to mining titles more discretionary and could shorten the duration of exploitation rights. Following the November 2015 tailings dam collapse in Minas Gerais on the mining properties of companies not affiliated with AngloGold Ashanti, the Brazilian government has also considered including tougher requirements related to tailings dams (e.g., mandatory insurance in case of environmental catastrophe).

Mining is a long-term activity and assets may be located in jurisdictions with elevated risk. Political instability and the resulting unstable business environment in such countries in which companies operate may discourage future investment in those jurisdictions, and may have an adverse impact on the company’s ability to access new assets, potentially reducing growth opportunities.

AngloGold Ashanti is subject to an uncertain tax environment. Increased taxes are expected in most countries of operation. Changes in tax laws could result in higher tax expense and payments and could materially impact AngloGold Ashanti’s tax receivables and liabilities as well as deferred tax assets and deferred tax liabilities. In addition, the uncertain tax environment in some regions could limit AngloGold Ashanti’s ability to enforce its rights. As a global company, AngloGold Ashanti conducts its business in countries subject to complex tax rules, which may be interpreted in different ways. Further interpretations or developments of tax regimes may affect the company’s tax liability, return on investments and business operations. AngloGold Ashanti is regularly examined by tax authorities in its various jurisdictions of operation.

For example, in July 2017, AngloGold Ashanti's subsidiaries in Tanzania received a demand for payment of inspection fees on all of their gold shipments and a demand for payment of alleged unpaid service levies. Without payment of the inspection fee, AngloGold Ashanti is not allowed to make any exports. In September 2017, the company received a letter from the Tanzania Revenue Authority (TRA) prohibiting it from claiming input tax credit with effect from July 2017 and AngloGold Ashanti estimates the impact of this change to input tax could result in an increase in annual costs of $50 million. AngloGold Ashanti has agreed to pay the inspection fees on a ‘without prejudice’ basis, has filed an objection with the TRA and is seeking to resolve all of these issues in the ongoing arbitration proceedings in Tanzania described above. There can be no assurance that these proceedings will be successful and the outcomes may have a material adverse impact on the company’s results of operations and financial condition.

In Guinea, Mali, DRC and Tanzania, AngloGold Ashanti is due refunds of input tax and fuel duties which have remained outstanding for periods longer than those provided for in the respective statutes. For example, AngloGold Ashanti calculates that overdue recoverable value added tax, fuel duties and appeal deposits of $132$196 million are owed to AngloGold Ashanti at the end of 2019 and held by the Tanzanian government and it is not certain when, if ever, AngloGold Ashanti will be refunded this amount. Similarly, it is not certain when or whether AngloGold Ashanti will be refunded all amounts due from any other government.

The countries in which the company operates may also introduce export restrictions, exchange controls, impose restrictions to source materials and services locally, or impose other similar restrictions that hinder foreign companies’ operations within such countries.  For example, in March 2017, the Tanzanian government announced an immediate ban on gold, silver, copper and nickel ore exports, in an attempt to ensure that mineral value-addition activities would be carried out in-country. This regulatory change does not currently impact the Geita mine or Tanzanian operations as the company does not export unrefined or refractory ore out of Tanzania.

Additionally, from 2011 to 2015, the Argentinian government introduced stricter exchange controls and related protracted approval processes which limited the company’s ability to repatriate dividends from its Argentinian subsidiaries. In October 2011,September 2018, export duties were re-imposed by the Argentinian government decreedset at 12 percent with a cap so that mining, oil and energy companies must repatriate export earnings and additionally,it does not exceed the purchaseamount of ARS 4 pesos per U.S. dollars required authorisation fromdollar exported. In September 2019, the Argentinian central bankgovernment re-established foreign exchange and export controls. Increased royalties, increased socio-politically tensions and hyper-inflation over the purposepast few years have greatly increased the country risk which in turn has lowered the potential future earnings of the company's investment in Cerro Vanguardia S.A. (CVSA). Political uncertainty following the 2019 presidential elections further exacerbates the risk. The economic contraction for which the currency would be used had to be stated. In May 2012, the Argentine Mining Secretariat issued new regulations requiring mining companies2019 ended at eight percent and a further recession is expected in Argentina to boost their domestic purchases of equipment and services and mining companies were required to resort exclusively to locally established suppliers for their export-related shipping and logistics operations. While the new government, elected in November 2015, started a process to ease these controls and return to an open economy and free market, not all restrictions had been lifted as of March 2017.2020.

If, in one or more of the countries in which it operates, AngloGold Ashanti were not able to obtain or maintain necessary permits, authorisations or agreements to implement planned projects or continue its operations under conditions or within timeframes that make such plans and operations economically viable, or if the applicable legal, ownership, fiscal (including all royalties and duties), exchange control, employment, environmental and social laws or regimes change materially, or if the governing political authorities change resulting in amendments to such laws and regimes, this could have a material adverse effect on AngloGold Ashanti’s operating results, financial condition, and, in extreme situations, on the viability of an operation. The risk is particularly acute in South Africa. See “-AngloGold Ashanti’s mining rights in the countries in which it operates could be altered, suspended or cancelled for a variety of reasons, including breaches in its obligations in respect of such mining rights” and “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine”.


AngloGold Ashanti’s mining rights in the countries in which it operates could be altered, suspended or cancelled for a variety of reasons, including breaches in its obligations in respect of such mining rights.

AngloGold Ashanti’s right to own and exploit Ore Reserve and deposits is governed by the laws and regulations of the jurisdictions in which the mineral properties are located. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine”. Currently, a significant portion of the company’s Ore Reserve and deposits are located in countries where mining rights could be suspended or cancelled should it breach its obligations in respect of the acquisition and exploitation of these rights.

In each of the countries in which AngloGold Ashanti operates, the formulation or implementation of government policies on certain issues may be unpredictable. This may include changes in laws relating to mineral rights, ownership of mining assets and the right to prospect and mine, and in extreme cases, nationalisation, expropriation or nullification of existing concessions, licenses, permits, agreements and contracts.

Any existing and new mining and exploration operations and projects are subject to various national and local laws, policies and regulations governing the ownership and the right to prospect or mine or develop proposed projects. For more details on the risks surrounding ownership of mining assets, see “-Title to AngloGold Ashanti’s properties may be uncertain and subject to challenge” and “-AngloGold Ashanti’s Mineralmineral deposits, Ore Reserve, deposits and mining operations are located in countries where political, tax and economic laws and policies may change rapidly orand unpredictably and such changes and policies may adversely affect both the terms of its mining concessions, as well as its ability to conduct operations in certain countries”.

Project implementation delays could result in licences not being renewed and the loss of mining rights. Some of AngloGold Ashanti’s mining concessions, authorisations, licences and permits are subject to expiry, limitations on renewal and various other risks and uncertainties. For example, in early 2018 the DRC announced a new mining code that makes a number of changes to the operating environment for the DRC's extractive industries, including those in its mining and oil and gas sectors. This reform, which received the presidential assent needed for it to be passed into law on 10 March 2018, could have a material adverse impact on the protections enjoyed by AngloGold Ashanti’s projects in the DRC. Among others, the mining code increases AngloGold Ashanti’s tax burden by widening the basis for and increasing the rate of the mining royalties’ rates (the royalty rate applicable to gold increased from two and one-half percent to three and one-half percent). In addition, it increases the DRC government’s free carried interest from five percent to ten percent, with an additional five percent being granted to the DRC government upon each renewal of the exploitation permit, and a requirement that at least 10 percent of the share capital of mining companies be held by DRC individuals. AngloGold Ashanti and other major mining companies are seeking constructive conversation with a working group of the government of the DRC to negotiate transitional agreements, mining regulations, additional royalties and changes to other taxes regarding the mining code, but there can be no assurances that the company's efforts in these discussions will be successful.

In addition, any dispute with governments or other stakeholders, including labour unions, involving an AngloGold Ashanti operation, as a result of rationalisation efforts or otherwise, could negatively affect AngloGold Ashanti’s relationship with such government or stakeholders in respect of other operations within the same country, which could result in adverse consequences, including unfavourable regulatory action, claims and labour disputes. Such adverse consequences could be exacerbated due to the holding company structure of AngloGold Ashanti’s subsidiaries in some of the countries in which it operates.

Moreover, inIn South Africa, AngloGold Ashanti’s mining rights may be suspended or cancelled by the South African Minister of Mineral Resources and Energy, and the company may be unable to obtain new mining rights if it breaches its obligations under the Mineral and Petroleum Resources Development Act, No. 28 of 2002 (MPRDA). In particular, South Africa’s changing Black Economic Empowerment (BEE) policies may adversely affect both the terms of AngloGold Ashanti’s mining concessions, as well as its ability to conduct operations. Mining rights are linked to compliance with various obligations, including the RevisedBroad-Based Socio-Economic Empowerment Charter for the South African Mining Charter.  Complianceand Minerals Industry, 2018 (Mining Charter, 2018). The Mining Charter, 2018 and its implications are discussed in more detail in “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine-South Africa”.

For example, the Mining Charter, 2018 provides that a new mining right must have a minimum of 30 percent BEE shareholding. It further provides that an existing mining right holder who has achieved a minimum of 26 percent BEE shareholding shall be recognised as compliant for the duration of the mining right. On 25 February 2019, AngloGold Ashanti received a directive from the South African Department of Mineral Resources and Energy (DMRE) stating that the company was not compliant with the Revisedamendment process required by the MPRDA in connection with BEE transactions entered into by the company after the conversion of the West Wits mining rights. The DMRE instructed AngloGold Ashanti to submit an application to amend the clauses of two of its West Wits mining rights which record the BEE transactions entered into and implemented by the company to reflect further details of those BEE transactions and provide certain information relating to such transactions. On 7 March 2019, AngloGold Ashanti submitted an application for consent of the Minister of Mineral Resources and Energy to amend those clauses accordingly and provided the requested information. As a general matter, should AngloGold Ashanti be found in breach of its obligations to comply with the MPRDA, the applicable mining charter or any future amendments to the applicable mining charter, it may be subject to adverse consequences and it may be compelled to conclude additional BEE transactions. Furthermore, in the event that AngloGold Ashanti applies for a new mining right, it will have to comply with the Mining Charter, is measured using a designated scorecard relating2018 ownership requirements and it will not be entitled to equityrely on its current BEE ownership and management control of mining companies by historically disadvantaged South Africans (HDSAs). The deadline for compliance was originally set for the end of 2014, at which time HDSAs hadstructure. See also “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to constitute 40 percent of all levels of management. Mine-South Africa”.

Whilst AngloGold Ashanti believes that it complied with ownership targets that had to be achieved by the end of 2014, it has not yet received its scorecard frombeen assessed for compliance by the government assessing its compliance with applicable requirementsDMRE against the Mining Charter, 2018 targets and it may need to make further progress to achieve future targets, including, but no limited to, further participation by HDSAshistorically disadvantaged South Africans, also referred to in the MPRDA as historically disadvantaged persons (HDSAs) in senior and top management levels, the upgrade of housing and accommodation at the company’s mines, further human resource development, mine community development, sustainable development and growth as well as procurement and enterprise development.

The company will incur expenses in giving further effect to the Revised Mining Charter, 2018 and the scorecard.  AngloGold Ashanti may not meet all of the various requirements by the required dates.  Additionally, the South African government may decide that the Revised Mining Charter has not gone far enough to achieve its underlying goals and therefore decide to expand the obligations of mining companies thereunder and the Minister of Mineral Resources may opt to disregard certain historical BEE transactions in connection with its review of new mining rights applications.

In March 2015, the Minister of Mineral Resources (the Minister) announced that the Department of Mineral Resources (DMR) and the Chamber of Mines of South Africa had jointly agreed to submit certain matters relating to the interpretation of the Revised Mining Charter, including the qualification of certain historical BEE transactions for meeting the HDSA ownership thresholds, to the courts in South Africa for determination and clarification. Papers were filed by the Chamber of Mines of South Africa and the DMR but the matter was not heard in court and was subsequently dismissed.

On 9 March 2016, AngloGold Ashanti received a notice from the DMR stating that the company was not compliant with the 26 percent HDSA ownership requirement. AngloGold Ashanti timely responded to the order and as the DMR has taken no further action, its original notice has lapsed. In June 2017, the Minister gazetted the BBBEE Charter for the South African Mining and Minerals Industry, 2017 (2017 Charter) which came into effect on the same day (Reviewed Mining Charter). The Reviewed Mining Charter seeks to align the Revised Mining Charter with the Broad-Based Black Economic Empowerment Act 53 of 2003, in order to ensure meaningful participation of black people and provide for policy and regulatory certainty to ease the investment in and the development of the mining industry. It has been challenged by the DMR and the Chamber of Mines and will not be implemented until the High Court of South Africa reaches a decision. On 1 March 2018, the newly appointed Minister indicated that he intends to finalise and publish the New Mining Charter by no later than June 2018. See “Item 4B: Business Overview - The Regulatory Environment Enabling AngloGold Ashanti to Mine”. Should AngloGold Ashanti be found in breach its obligations to comply with the MPRDA, Revised Mining Charter, the Reviewed Mining Charter (if implemented) or any future amendments to either the Revised Mining Charter or the Reviewed Mining Charter, it may be compelled to conduct additional BEE transactions or its mining rights in South Africa could be suspended or cancelled by the Minister and it may be unable to obtain any new mining rights.  Any such suspension or cancellation could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.

In addition, and as discussed in more detail in “Item 4B: Business Overview - The Regulatory Environment Enabling AngloGold Ashanti to Mine”, South Africa recently enacted the BBBEE Amendment Act, which amended the Broad-based Black Economic Empowerment Act 53 of 2003. There are several areas of potential conflict between the BBBEE Amendment Act and the Revised Mining Charter. The BBBEE Amendment Act became effective on 24 October 2016 and is understood to override any conflicting law, including the Revised Mining Charter. Although the Draft 2016 Mining Charter seeks to align the Revised Mining Charter with the BBBEE Amendment Act, similar regulatory conflicts and uncertainty may continue to prevail in the future.

In Colombia, a government agency grants exclusive concession contracts for exploration and exploitation. Withexploitation which contain specified timelines for the awardcompletion of the various phases of a mining concessionproject. The company must comply with these timelines unless performance is suspended, for example, due to force majeure or tenement contract, there areextensions or modifications to the timelines. A grant of force

majeure is for one year and must be renewed on an annual basis. If the company does not comply with the specified timelines for the completion of the various phases of a mining project, e.g. exploration, construction, exploitation. The company must comply with these timelines unless performance is excused,it may be found in breach of its concession contract or mining license and such breach could constitute grounds for example, duethe mining authority to force majeureterminate such concession contract or if extensions or modifications to the timelines are received. For example, forcemining license. Force majeure was declared at the La Colosa project, stopping all activities, following the outcome of the plebiscitepopular consultation held on 26 March 2017 in the Colombian municipality of Cajamarca in the Tolima department, which hosts the La Colosa exploration site. The grant of force majeure is for one yearhas been extended multiple times and will now expire in June 2018,2020, after which such declaration will once more need to be extended. While the Company plans to makecompany has made a timely application for an extension, there can be no guarantee that the declaration will be extended. Loss of the force majeure status could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.

If the company does not comply with the specified timelines for the completion of the various phases of a mining project, the mining authority may revoke the company's concession contracts or mining licenses. The company’s core mining concession contracts provide that the mining authority has the discretion See also “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to declare the underlying concession void if AGAC breaches applicable environmental laws or regulations. If the mining authority were to exercise such discretion against AGAC, AGAC would be required to abandon its projects and all of its other existing mining concession contracts. Pending proposals for new mining concession contracts would also be cancelled and AGAC would be banned from doing business with the Colombian government for a period of five years.

AGAC has applied for consolidation of its tenement contracts related to La Colosa, some of which are currently not in compliance with their specified timelines. The company is waiting for approval of its application for consolidation, which would remedy the non-compliance of each consolidated tenement, but can provide no assurance that its application will be approved.Mine-Americas-Colombia”.

AngloGold Ashanti’s insurance does not cover most losses caused by the risks described above; seeabove. See “-The occurrence of events for which AngloGold Ashanti is not insured or for which its insurance is inadequate may adversely affect cash flows and overall profitability”.

If AngloGold Ashanti is not able to obtain or maintain necessary permits, authorisations or agreements to prospect or mine or to implement planned projects, or continue its operations, or comply with all laws, regulations or requirements, or do so within timeframes that make such plans and operations economically viable, or if the laws impacting the company’s ownership of its mineral rights or the right to prospect or mine change materially, or should governments increase their ownership in the mines or nationalise them, AngloGold Ashanti’s results of operations and financial condition could be adversely affected.

AngloGold Ashanti may also prove unable to deliver on production targets, including in potentially critical areas, as well as on the timely, cost-effective and successful execution, including ramping-up, of key capital projects. For example, Colombia is an untested jurisdiction, so permitting, licensing, stakeholder expectations and demands and other external factors could affect timelines and cause capital overruns. Unforeseen difficulties, delays or costs may adversely affect the successful implementation of the company’s business strategy and projects, and such strategy and projects may not result in the anticipated benefits, which could have a material adverse effect on its results of operations, financial condition and prospects.


Title to AngloGold Ashanti’s properties may be uncertain and subject to challenge.

AngloGold Ashanti has operations in several countries where ownership of land is uncertain and where disputes may arise in relation to ownership. Certain of the company’s properties may be subject to the rights or the asserted rights of various community stakeholders, including indigenous people. The presence of those stakeholders may have an impact on AngloGold Ashanti’s ability to develop or operate its mining interests. For example, in Australia, the Native Title Act (1993)1993 (Cth) provides for the establishment and recognition of native title under certain circumstances. In South Africa, the Extension of Security of Tenure Act, (1997)No. 62 of 1997 and the Restitution of Land Rights Act, (1994)No. 22 of 1994 provide for various landholding rights. Such legislation is complex, difficult to predict and outside of the company’s control, and could negatively affect the business results of new or existing projects. In Ghana, in February 2012, the company negotiated the relocation of the Sansu Community, which lies within its localObuasi mining concession; the cost of this relocation was approximately $30 million. Where consultation with stakeholders is statutorily or otherwise mandated, relations may not remain amicable and disputes may lead to reduced access to properties or delays in operations.

Title to the company’s properties, particularly undeveloped ones, may also be defective or subject to challenge. Title insurance generally is not available, and title review does not necessarily preclude third parties from contesting ownership. Where surveys have not been conducted, the precise area and location of the company’s claims may be in doubt and concessions granted under various titles in a single area may turn out not to be perfectly contiguous, leaving title to areas between concessions open to challenge. Accordingly, AngloGold Ashanti’s mineral properties may be subject to prior unregistered liens, agreements, transfers or claims, including native land claims, and title may be affected by, amongst other things, undetected defects.

AngloGold Ashanti may experience unforeseen difficulties, delays or costs in successfully implementing its business strategy and projects, including any cost-cutting initiatives, temporary or permanent shutdowns, divestments and other portfolio rationalisation initiatives and any such strategy or project may not result in the anticipated benefits.

The successful implementation of the company’s business strategy and projects depends upon many factors, including those outside its control. For example, the successful management of costs will depend on prevailing market prices for input costs. The ability to grow the business will depend on the successful implementation of the company’s existing and proposed project development initiatives and continued exploration success, as well as on the availability of attractive merger and acquisition opportunities, all of which are subject to the relevant mining and company specific risks as outlined in these risk factors.

Since 2013, AngloGold Ashanti has implemented initiatives relating to strategic alignment, portfolio review, restructuring and cost-cutting, temporary or permanent shutdowns, and divestments, including in connection with the consolidation of its business activities and assets. Any future contribution of these measures to profitability will be influenced by the actual savings achieved and by the company’s ability to sustain these ongoing efforts. Strategic alignment, restructuring and cost-cutting initiatives may involve various risks, including, for example, labour unrest, operating licence withdrawal, and potential knock-on effects to other company projects and jurisdictions. The risk is elevated in South Africa, given calls for withdrawal of mining licences for “mothballed shafts” and hostile reaction to proposed mining industry retrenchments.

For example, subsequent to the restructuring of the South African operations announcement on 28 June 2017 and based on unsolicited expressions of interest received from a number of parties, AngloGold Ashanti initiated a process to assess the sale of the Kopanang mine. On 28 February 2018, this process successfully concluded with the announcement that Heaven-Sent SA Sunshine Investment Company Limited (HSC), a Chinese capital management company headquartered in Hong Kong, acquired the Kopanang mine, the West Gold Plant and the related infrastructure. The Kopanang mine will continue to operate under the ownership of HSC.

On 19 October 2017, AngloGold Ashanti announced that it entered into a sale and purchase agreement (the SPA), to dispose of various assets situated in the Vaal River region of South Africa to Harmony Gold Mining Company Limited (Harmony) for a cash consideration of US$300 million (the Transaction). The assets and related interests sold included the Moab Khotsong mine (which incorporates the Great Noligwa mine) and related infrastructure (the Moab Mining Sale Assets), AngloGold Ashanti’s entire interest in Nuclear Fuels Corporation of South Africa Proprietary Limited (Nufcor), and AngloGold Ashanti’s entire interest in Margaret Water Company NPC (MWC). The transaction was completed on 28 February 2018, as all the conditions contained in the SPA were fulfilled and the ownership of the Moab Mining Sale Asset has been transferred to Harmony, in addition to all of AngloGold Ashanti’s obligations related to Nufcor and MWC, including in the case of MWC, all of AngloGold Ashanti’s obligations with regards to the pumping and efficient management of the underground water in the Vaal River region (the KOSH Water Directive).

The Transaction consideration received will be utilised by AngloGold Ashanti to further reduce debt and strengthen the company's balance sheet affording AngloGold Ashanti greater strategic flexibility to fund its growth initiatives including its development projects. All of AngloGold Ashanti’s obligations and liabilities (including all employee and health and safety obligations other than any claim related to occupational lung disease for the period prior to the Closing Date), as well as all environmental obligations related to the Moab Mining Sale Assets arising on, before or after the Closing Date were transferred to Harmony.

This risk is also significant in Ghana, where ongoing restructuring and repositioning of the Obuasi mine has resulted in halting of the mine’s existing operations and significant workforce redundancies. In 2014 alone, these redundancies resulted in the company incurring $210 million in retrenchment costs. In February 2018, AngloGold Ashanti signed regulatory and fiscal agreements with the government of Ghana that will provide the framework for the redevelopment of the Obuasi mine into a modern, productive mining operation. The government of Ghana and the company have put in place several agreements including a development agreement, tax concession agreement, security agreement and a reclamation security agreement. The tax concession agreement and the development agreement must now both be ratified by Ghana's parliament to be made effective. The process requires that the speaker or his deputy formally refer the agreements to the Select Committee of Mines & Energy and the Standing Finance Committee. The two committees will review the agreements and send a report to the main house, upon which parliament would decide on ratification.

The environment impact assessment process has been completed and the permits are pending. The redevelopment is expected to establish Obuasi as a mechanised underground mining operation and is a fundamental departure from how the mine was operated in the past. The redevelopment is expected to make use of automation and controls for improved operational efficiencies and consistency in performance. The project implementation be undertaken in two distinct phases and is expected to take roughly 18

months, with the first gold pour anticipated for the third quarter of 2019. Unforeseen difficulties, delays or costs may adversely affect the implementation of this project and the company may be unsuccessful in meeting this production, cost and return target.

Finally, this risk may also be high in the DRC, in light of the recently announced mining code reform. See “- AngloGold Ashanti’s mining rights in the countries in which it operates could be altered, suspended or cancelled for a variety of reasons, including breaches in its obligations in respect of such mining rights”.

In addition, these measures may not be implemented as planned, may turn out to be less effective than anticipated, may only become effective later than anticipated or may not be effective at all. Any of these outcomes, individually or in combination, may adversely impact the company’s business, results of operations and financial condition.

Expectations for and trends in the price of gold, combined with increased costs for project financing and exploration in certain regions, have led AngloGold Ashanti to increase its efforts to focus capital expenditure on its highest quality assets, whilst freeing up capital by curtailing capital expenditure or suspending operations at those projects that the company believes are of lower quality. AngloGold Ashanti may also consider finding partners or conducting asset sales relating to certain of its projects. With respect to dispositions, the company may not be able to obtain prices that it expects for the assets it seeks to dispose of or to divest some of its activities as planned or to obtain all of the required approvals, and the divestitures that are carried out could have a negative impact on AngloGold Ashanti’s business, results of operations, financial condition and reputation, including as a result of subsequent claims brought by acquirers in connection with divested assets.

AngloGold Ashanti may also prove unable to deliver on production targets, including in potentially critical areas, as well as on the timely, cost-effective and successful execution, including ramping-up, of key capital projects. For example, in South Africa, the company has been experiencing declining production rates (903,000 ounces in 2017, 967,000 ounces in 2016, compared with 1.00 million ounces of gold in 2015, 1.22 million ounces of gold in 2014, and 1.30 million ounces in 2013), principally due to continued safety and associated stoppages, mining flexibility constraints and overall falls in grades. In addition, Colombia is an untested jurisdiction, so permitting, licensing, stakeholder expectations and demands and other external factors could affect timelines and cause capital overruns. Unforeseen difficulties, delays or costs may adversely affect the successful implementation of the company’s business strategy and projects, and such strategy and projects may not result in the anticipated benefits, which could have a material adverse effect on its results of operations, financial condition and prospects.

Labour unrest, activism and disruptions (including protracted stoppages) could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.

AngloGold Ashanti’s employees in South Africa, Ghana, Guinea, Mali, Tanzania, Brazil and Argentina are highly unionised and unions are active at some of the company's other operations.  Trade unions working with communities and non-governmental organisations (NGOs), therefore, have a significant impact on the general labour relations environment, including labour relations at an operational level.level and operational stability at times. The extent of the unions’ influence also impacts the socio-economic and socio-political operating environments, most notably in South Africa.Africa, Guinea and Mali. Union involvement in wage negotiations and collective bargaining increases the risk of strike action. For example, in South Africa,This situation is exacerbated by the emergence and growthmulti-union environment at some of the Associationcompany’s operations. Unions are characterized by their robust and positional engagement with the company, both in the context of Mining Construction Union (AMCU) challenging the dominance of the longstanding National Union of Mineworkers (NUM) lends itselfexisting collective bargaining structures to conflict, inter union rivalryimprove and a risk of labour relations instability. Management expects that unions will continue to use their collective power and ability to withhold labour to advocate for improvedadvance conditions of employment, labour regulatory change, political and social goals in the future. 

Under the prevailing unstable globalcontext of changing economic climate in particular, unions could utilise disruptions, strikes and protest action to oppose restructuringconditions, downsizing and downscaling of operations. These factors expose the mining industry. In South Africa, a variety of legacy issues such as housing, migrant labour, education, poor service delivery and youth unemployment can leadcompany’s operations to communities and unions working together to create instability in and around mining operations. As such, there is a risk to the safety of people and damage to company infrastructure and property.

The contagion effect of a wave of unprotectedpotential strike action and labour unrest which occurred in South Africawork stoppages. Unions are also increasingly championing broader political, economic and particularly in the mining sector during 2012 led to a six-week unprotected strike at all of AngloGold Ashanti’s South African operations in September of that year. The strike action was fuelled by severalsocial issues including the emergence of AMCU, expectations of higher wage increases, and general social and economic conditions. Similar disruptions in the future may have a material adverse effect on the company’s results of operations and financial condition.

In South Africa, a three-year wage agreement was reached in 2015 with unions representing the majority of the company’s employees. This agreement was extended to all employees irrespective ofutilizing their union affiliation. However, AMCU did not sign the agreement and through the courts challenged the extension of the agreement’s terms to its members. Although the courts found in favour of the mining companies, the success of similar challenges could have an adverse impact on the company’s financial condition as a result of increases in labour costs. See “-Increased labour costs could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition”.

In South Africa, the broader labour relations climate remains fragile. Wage negotiations in other industries and other mining sectors may influence the stance unions adopt leading up to the 2018 gold negotiations. The labour relations climate is further exacerbated by a number of other issues such as (i) pressure building amongst all unions and employees regarding legislation reform affecting

pensions and provident funds; (ii) demonstrations by citizens and students about public services and free education; (iii) public outcry relating to racism; and (iv) the effect of confrontations between political parties in the lead-up to elections, all of which may have repercussions in the workplace.

In South Africa, AngloGold Ashanti's ability to undertake a restructuring of mining operations that could result in layoffs or redundancies is curtailed by governmental intervention. Going forward, management expects that the Department of Minerals and Resources will invoke its powers to intervene in any such restructuring process and will be able to place pressure on mining companies due to its control over the renewal and cancellation of mining rights.

In West Africa, union negotiations are increasingly impacted by a focus on broader social grievances. In Mali and Guinea, pro-labour and pro-union practices supported by government labour authorities may result in increased labour union activity and the breach of obligations contained in agreements with labour unions.

withdraw labour. Any future labour unrest and disruptions could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.


Unions are also increasingly affiliated to Global Union Federations leveraging this influence and utilize issues such as carbon emissions, environmental issues, health and safety, human rights, job losses, unemployment and restructuring, gender and inclusion issues, and migrant labour, as rallying points. Rolling mass action, picketing, protests and community involvement may create safety, security and related risks to the company and its assets. Future disruptions, strikes, and protest actions cannot be excluded and may have a material adverse effect on the company’s results of operations and financial condition, especially if these actions have a long duration such as the recent strikes in South Africa. Furthermore, IndustriaALL, representing more than 50 million workersglobally, will continue with its attempts to enter into a Global Framework Agreement with the company. A global framework agreement will expose the company to the risk of standardisation and equalisations of labour terms and conditions across the group, irrespective of the peculiar conditions applicable in the various jurisdictions in which the group operates. Any labour unrest and disruptions caused by such international trade unions could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.


Increased labour costs could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.

Labour costs represent a substantial proportion of the company’s total operating costs and at many operations in South Africa and the Americas, constitute approximately 40 to 50 percent of the operations’ operating costs. Absent any simultaneous increase in productivity, any change to the company’s wage agreements or other factors that could increase labour costs may have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.

AngloGold Ashanti’s results may be further impaired if the company incurs penalties for failing to meet standards set by labour laws regarding workers’ rights or incurs costs to comply with new labour laws, rules and regulations.  For example, employment law in South Africa imposes monetary penalties for neglecting to report to governmentgovernmental authorities on progress made towards achieving employment equity in the workplace.  Ghanaian law also contains broad provisions requiring mining companies to recruit and train Ghanaian personnel and to use the services of Ghanaian companies. In Australia, the federal government put in place an industrial relations system that includes “good faith bargaining” obligations for employers, fewer restrictions on the content of collective agreements and an enhanced role for union officials as bargaining representatives, parties to agreements and participants in dispute resolution.  Penalties and compliance costs, as well as increased costs due to laws and regulations less favourable to employers, could have a material adverse effect on the company’s results of operations and financial condition.

Illegal
Artisanal and artisanalillegal mining occurs on AngloGold Ashanti’s properties, which can disrupt the company’s business and expose the company to liability.

IllegalArtisanal and artisanalillegal miners are active on, or adjacent to, at least 11 of AngloGold Ashanti’s properties, which leads at times to interference with the company’s operations and results in conflict that presents a security threat to property and human life. Illegal artisanalArtisanal and illegal small-scale mining is associated with a number of negative impacts, including environmental degradation, flouting of land rights, poor working practices, erosion of civil society, human rights abuse and funding of conflict. The environmental, social, safety and health impacts of artisanal mining are frequently attributed to formal mining activity, and it is often assumed that artisanally-mined gold is channelled through large-scale mining operators, even though artisanal and large-scale miners have distinct supply chains. These misconceptions impact negatively on the reputation of the industry. The company’s operations and projects affected by artisanal and/or illegal small-scale mining are mainly situated in South Africa, Tanzania, Ghana, Mali, Guinea and Colombia.

The activities of the illegal miners, which include theft and shrinkage, could cause damage to AngloGold Ashanti’s properties, including pollution, underground fires, or personal injury or death, for which AngloGold Ashanti could potentially be held responsible. Illegal mining could result in the depletion of mineral deposits, potentially making the future mining of such deposits uneconomical. The presence of illegal miners could lead to project delays and disputes regarding the development or operation of commercial gold deposits. Furthermore, in 2011 and 2012, the company recorded an increase in the number and severity of security incidents, dueIn addition, illegal mining could lead to a steady migration of people into the areas and an increase in the level of organisation and funding of criminal activity around some of the company’s operations in Continental African operations, likely encouraged by an escalating gold price at that time.Africa. The most significant security challenges have occurred in Tanzania, Mali, Guinea and Ghana in areas where there is endemic poverty and high levels of unemployment. For example, in February 2016, AngloGold Ashanti withdrew its employees performing non-essential functions from its idled Obuasi gold mine following the incursion of illegal miners inside the fenced areas of the site. An AngloGold Ashanti employee was killed in the incursions.

More generally, illegal mining and theft could also result in lost gold Ore Reserve, mine stoppages, and have other material adverse effects on AngloGold Ashanti’s results of operations or financial condition.


AngloGold Ashanti competes with mining and other companies for key human resources with critical skills and its inability to retain key personnel could have an adverse effect on its business.

AngloGold Ashanti competes on a global basis with mining and other companies to attract and retain key human resources at all levels with the appropriate technical skills and operating and managerial experience necessary to operate and supervise its business. This is exacerbated by the global shortage of persons with critical mining skills, including geologists, mining engineers, metallurgists and skilled artisans. Furthermore, the often remote locations of mining operations may make the mining industry unattractive to

potential employees. Changes in taxation and the regulatory environment where AngloGold Ashanti operates may also impact the company’s ability to attract and retain key personnel, especially those from abroad.


The retention of staff is particularly challenging in South Africa, where, in addition to the impacts of global industry shortages of skilled labour, AngloGold Ashanti is required to achieve employment equity targets of participation by HDSAs in management and other positions. AngloGold Ashanti competes with all companies in South Africa to attract and retain a small but growing pool of HDSAs with the necessary skills and experience. AngloGold Ashanti has historically faced difficulty recruiting and retaining young graduates and qualified mid-level management in South Africa and may encounter greater difficulties in the future as the South African government attempts to impose increasingly stringent HDSA participation requirements. See “-AngloGold Ashanti’s mining rights in the countries in which it operates could be altered, suspended or cancelled for a variety of reasons, including breaches in its obligations in respect of such mining rights” and “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine”. Recruitment of skilled personnel has also been challenging in Continental Africa due to university offerings that are often not well-suited to the specific needs of the mining industry, as well as other factors such as language barriers and low literacy skills.

The recruitment of skilled workers is also highly competitive In addition, it has become increasingly difficult to secure work permits for AngloGold Ashanti’s expatriate workforce in South AmericaTanzania as a result of a shortagethe Tanzanian government’s efforts to promote the employment of skills and intense competition between mining companies.Tanzanian citizens. Difficulties in obtaining such non-citizen work permits, if continuing, may have an adverse impact on our operations in Tanzania.

Additionally, the company may incur significant costs to build talent, capacity and expertise across its global operations. Despite AngloGold Ashanti’s investments, the company may not be able to retain and attract sufficient skilled and experienced employees in all areas of the business. Should it fail to do so or lose any of its key personnel with critical skills, business and growth prospects may be harmed and this could have an adverse impact on AngloGold Ashanti’s results of operations and financial condition.


AngloGold Ashanti’s inability to retain its senior management may have an adverse effect on its business.

The company’s success depends largely upon the continued service of its senior management, including its chief executive officer, chief financial officer, the executive officers at each of its business divisions and the general managers at its mines.

The AngloGold Ashanti’s inability to retain its senior management may have an adverse effect on the company’s business, results of operations and financial condition. In addition, the loss of one or more members of the senior management teams, coupled with the reduced attractiveness of the gold mining sector, could lead to other members of the management team leaving, disrupt the company’s operations, and have a material adverse impact on the company’s business, results of operations and financial condition.


The use of contractors at certain of the company’s operations may expose AngloGold Ashanti to delays or suspensions in mining activities and increases in mining costs.

AngloGold Ashanti uses contractors at certain of its operations to mine and deliver ore to processing plants as well as for other purposes. At mines employing mining contractors, contracting costs represent a significant proportion of the total operating costs of these operations. For example, increased contractor rates at the Sadiola mine in Mali contributed to a significant rise in total cash costs in the final quarter of 2011. Increased contractor costs at Sunrise Dam in Australia and Geita in Tanzania contributed to higher cash costs in the first quarter of 2012.

AngloGold Ashanti’s operations could be disrupted, resulting in additional costs and liabilities, if the mining contractors at affected mines have financial difficulties, or if a dispute arises in renegotiating a contract, or if there is a delay in replacing an existing contractor and its operating equipment to meet business needs at expected cost levels. Increases in contract mining rates, in the absence of associated productivity increases, willmay also have an adverse impact on the company’s results of operations and financial condition. For example,In addition, restrictions on 13 October 2012, AngloGold Ashanti terminated the underground development contract withtravel imposed by governments as a third-party contractor at the Obuasi mine in Ghana. The costsresult of the termination amounted to $17 million. On 10 February 2014 workers employed byoutbreak of infectious diseases, a contractor at Sadiola and Yatela went on a five-day strike demanding improved redundancy payments. See “-Labour unrest, activism and disruptionspandemic or other public health threat, such as the recent outbreak of the SARS-CoV-2 virus responsible for COVID-19, may prevent mining contractors from reaching our mining sites which could have a materialan adverse effect on AngloGold Ashanti’s resultsthe operations of operations and financial condition”. Furthermore disagreements over costs with contractors at Siguiri in Guinea and Iduapriem in Ghana resulted in a dispute in 2015.the affected mines.

Contractor disputes can also arise after the termination of the contractual relationship or the sale of the applicable mine.For example, the company is currently involved in arbitration proceedings with contractors in Ghana with regard to its Obuasi mine and in the United States with regard to its former Cripple Creek & Victor mine. See “Item 8A: Legal Proceedings”Proceedings-Ghana”.

In addition, AngloGold Ashanti’s reduced control over those aspects of operations which are the responsibility of contractors, their failure to comply with applicable legal, human rights and regulatory requirements, or their inability to manage their workforce or provide high quality services or a high level of productivity could adversely affect AngloGold Ashanti’s reputation, results of operations and financial condition, and may result in the company’s incurrence of liability to third parties due to the actions of contractors.

The level of AngloGold Ashanti’s indebtedness could adversely impact its business.

As at 31 December 2017,2019, AngloGold Ashanti had gross borrowings of $2.190$2.033 billion (2016: $2.101(2018: $1.989 billion and 2017: $2.190 billion), excluding all finance leases.


AngloGold Ashanti’s indebtedness could have a material adverse effect on its flexibility to conduct business.  For example, the company may be required to use a large portion of its cash flow from operations to pay the principal and interest on its debt, which will reduce funds available to finance existing operations and the development of new organic growth opportunities and furtherpotential acquisitions.  In addition, under the terms of the company’s borrowing facilities from its banks, AngloGold Ashanti is obliged to meet certain financial and other covenants.  AngloGold Ashanti’s ability to continue to meet these covenants and to service its debt will

depend on its future financial performance, which will be affected by its operating performance as well as by financial and other factors, including in particular the gold price, certain of which are beyond its control.

Should the cash flow from operations be insufficient, AngloGold Ashanti could breach its financial and other covenants.  Covenant breaches, if interpreted as events of default under one or more debt agreements, could allow lenders to accelerate payment of such debt.  Any such acceleration could result in the acceleration of indebtedness under other financial instruments.  As a result, the company may be required to refinance all or part of the existing debt, use existing cash balances, issue additional equity or sell assets.  However, the company may be unable to sell assets on reasonable or profitable terms as and when necessary.  Additionally, AngloGold Ashanti cannot be sure that it will be able to refinance its debt on commercially reasonable terms, if at all. 

The company’s ability to access the bank, public debt or equity capital markets on an efficient basis may be constrained by dislocation in the credit markets or capital and liquidity constraints in the banking, debt or equity markets at the time of issuance. The recent outbreak of the SARS-CoV-2 virus responsible for COVID-19, which has reached pandemic proportions, led the company to accelerate drawdowns on one of its revolving credit facilities in an aggregate amount of $1.35 billion. Any prolonged dislocation in financial markets due to the spread of the COVID-19 pandemic could impact the company’s ability to refinance its debt on commercially reasonable terms, if at all, and could as a result have a material adverse effect on the company’s funding requirements and overall liquidity.

Any downgrade of credit ratings assigned to AngloGold Ashanti’s debt securities could increase future interest costs and adversely affect the availability of new financing.

An actual, anticipated or unexpected negative development of AngloGold Ashanti’s results of operations or cash flows, country risk, financial metrics, or an increase in net debt position could result in a deterioration of the company’s credit ratings.  AngloGold Ashanti’s ratings are influenced inter alia, by the location of its domicile and its operations.

On 24 November 2017, S&P Global downgraded South Africa’s credit rating toand Fitch have assigned full sub-investment grade while its counterpart Moody’s placedcredit ratings to the country on review for downgrade. S&P’s announcement followed a similar announcement by Fitch, affirming South Africa’s rating at sub-investment grade on 23 November 2017. Moody’s decision to putRepublic of South Africa on review, rather thanand Moody’s has assigned an investment grade rating. See “-Global economic conditions could adversely affect the profitability of operations”. Any downgrade it outright, means thatof the company, or South Africa, can remain in key global bond indices such as the Citigroup World Bond Index (WGBI). Moody’s held South Africa local and foreign issued debt on the cusp of investment and sub-investment grade. Membership in the WGBI requires that at least Moody’s or S&P Global rates a country’s local currency rating as investment grade.
Moody's on 23 March 2018 affirmed South Africa's investment-grade credit rating at Baa3 and revised its credit outlook to stable from negative.

Any further downgrade by any rating agency could increase the company’s cost of capital, reduce its investor base and have a material adverse effect on AngloGold Ashanti’s business, results of operations and financial condition.


AngloGold Ashanti expects to have significant financing requirements.

AngloGold Ashanti’s existing board-approved development projects and exploration initiatives as well as its potential development projects will require significant funding.

The company’s capital expenditure plans and requirements are subject to a number of risks, contingencies and other factors, some of which are beyond its control, including volatile or sustained lower gold prices, and therefore the actual future capital expenditure and investments may differ significantly from the current planned amounts.

As a result, new sources of capital may be needed to help meet the funding requirements of these developments, to fund ongoing business activities and to pay dividends.  AngloGold Ashanti’s ability to further raise and service significant new sources of capital will be a function of macroeconomic conditions, the condition of the financial markets, future gold prices, the company’s operational performance and operating cash flow and debt position, amongst other factors.  The company’s ability to raise further debt, equity or quasi-equity financing in the future and the cost of such financing will depend on, amongst other factors, its prevailing credit rating, which may be affected by the company’s ability to maintain its outstanding debt and financial ratios at levels acceptable to the credit ratings agencies, its business prospects, risks relating to the countries in which it operates or other factors.  As a result, in the event of depressed gold prices, unanticipated operating or financial challenges, any dislocation in financial markets (including due to the recent COVID-19 pandemic) or new funding limitations, AngloGold Ashanti’s ability to pursue new business opportunities on reasonable terms, invest in existing and new projects, fund its ongoing business activities, exit projects and retire or service outstanding debt and pay dividends could be significantly constrained, all of which could adversely impact the company’s results of operations and financial condition.


Changes in the method of determining LIBOR, or the replacement of LIBOR with an alternative reference rate, may adversely affect interest expense related to our credit facilities.

LIBOR, the London interbank offered rate, is the basic rate of interest used in lending between banks on the London interbank market and is widely used as a reference for setting the interest rate on loans globally. Some of our three revolving credit facilities bear interest rates in relation to LIBOR. On 27 July 2017, the UK Financial Conduct Authority (FCA), which regulates LIBOR, has announced that it intends to stop encouraging or requiring banks to submit LIBOR rates after 2021, and it is unclear if LIBOR will cease to exist or if new methods of calculating LIBOR will evolve. If LIBOR ceases to exist or if the methods of calculating LIBOR change from their current form, interest rates on our current or future indebtedness may increase and we may need to renegotiate our revolving credit facilities to replace LIBOR with a new standard, both of which could have a material adverse effect on our liquidity, results of operations or financial condition. In addition, the issues that may lead to the discontinuation or unavailability of LIBOR may make one or more of the alternative methods impossible or impracticable to determine. Further, there can be no

guarantee that a transition from LIBOR to an alternative will not result in financial market disruptions, significant increases in benchmark rates or borrowing costs to borrowers, any of which could have a material adverse effect on our liquidity, results of operations or financial condition.


Certain factors may affect AngloGold Ashanti’s ability to support the carrying amount of its property, plant and equipment, intangible assets and goodwill on the balance sheet. If the carrying amount of its assets is not recoverable, AngloGold Ashanti may be required to recognise an impairment charge, which could be significant.

AngloGold Ashanti reviews and tests the carrying amount of its assets when events or changes in circumstances suggest that the carrying amount may not be recoverable. The company values individual mining assets at the lowest level for which cash flows are identifiable and independent of cash flows of other mining assets and liabilities.



If there are indications that impairment may have occurred, AngloGold Ashanti prepares estimates of a recoverable amount for each group of assets. Expected future cash flows are inherently uncertain and could materially change over time. Recoverable amounts are significantly affected by Ore Reserve and production estimates, together with economic factors such as spot and forward gold prices and currency exchange rates, as well as discount rates and estimates of costs to produce Ore Reserves and future capital expenditure. Estimated rehabilitation and closure costs could also materially affect the company’s financial performance and could result in the need to recognise an impairment charge.

If any of these uncertainties occur, either alone or in combination, management could be required to recognise an impairment, which could have a material adverse effect on the company’s results of operations and financial condition. For example, during 2017, AngloGold Ashanti reviewedin February 2020, the carrying value of its mining assets, goodwill and intangibles and due to a change in mine plans to restructure the South African operations, certain assets were impaired. In addition, in October 2017, AngloGold Ashanticompany announced the sale of variousits remaining South African producing assets, (includingincluding the Moab Khotsong mine) which were then written downMponeng mine. Following the classification of the South African disposal group as held for sale, an impairment of $549 million and taxation on impairment of $164 million (an impairment charge of $385 million, net of tax) was recognised to reduce the carrying amount of the assets in the South African disposal group to their fair value less costs to sell. The company booked a charge of $297 million in relation to impairments and derecognition of its mining assets and goodwill. The impairment charge for the Moab Khotsong mine was $112 million.


AngloGold Ashanti is subject to the risk of litigation, the causes and costs of which are not always known.

AngloGold Ashanti is subject to litigation, arbitration and other legal proceedings arising in the normal course of business and may be involved in disputes that may result in litigation. The causes of potential future litigation cannot be known and may arise from, amongst other things, business activities, environmental and health and safety concerns, share price volatility or failure to comply with disclosure obligations. The results of litigation cannot be predicted with certainty but could include costly damage awards or settlements, fines, and the loss of licenses, concessions, or rights, amongst other things. See “Item 8A: Legal Proceedings”.

In the event of a dispute, AngloGold Ashanti may be subject to the exclusive jurisdiction of foreign courts or may not be successful in subjecting foreign persons to the jurisdiction of courts in South Africa. An adverse or arbitrary decision of a foreign court could have a material adverse impact on AngloGold Ashanti's financial performance, cash flow and results of operation.

AngloGold Ashanti is subject to numerous claims, including class actions or similar group claims relating to silicosis and other OLD, and could be subject to similar claims in the future. Settlement negotiations in the silicosis class action claims have reached an advanced stage and a provision for silicosis has been made. The carrying value of the silicosis provision at 31 December 2017 was $63m. Significant judgement was applied in estimating the costs that will be incurred to settle the silicosis class action claims and related expenditure and the final costs may differ from current cost estimates. Management believes the assumptions are appropriate, however changes in the assumptions may materially affect the provision and final costs of settlement. There can be no assurance that the ultimate resolution of this matter will not result in losses in excess of the recorded provision and the ultimate settlement may have a material adverse effect on AngloGold Ashanti’s financial position. For further information, see “Item 8A: Legal Proceedings - South Africa - Silicosis litigation”and "Item 18: Financial Statements - Note 1 - Accounting Policies - Provision for silicosis".

It is possible that additional class actions and/or individual claims relating to silicosis and/or other OLD will be filed against AngloGold Ashanti in the future. AngloGold Ashanti will defend all and any subsequent claims as filed on their merits. Should AngloGold Ashanti be unsuccessful in defending any such claims, or in otherwise favourably resolving perceived deficiencies in the national occupational disease compensation framework that were identified in the earlier decision by the Constitutional Court, such matters would have an adverse effect on its financial position, which could be material.

In Colombia, the company is also involved in class action lawsuits in relation to AGAC’seach of AngloGold Ashanti Colombia S.A.’s (AGAC) Santa Maria-MontecristoMaría-Montecristo and La Colosa projects. One of these class action lawsuits led to a preliminary injunction suspending theAGAC’s mining concession contracts ofin relation to the Santa Maria-MontecristoMaría-Montecristo project in September 2011. Additionally, in Colombia, AGAC is involved in an action in the Administrative Superior Court of the Cundinamarca District against the Department of the Environment, Housing and Territorial Development (DoE) following its issuance of a fine against AGAC on the basis that AGAC was in breach of its mining terms of reference.See “Item 8A: Legal Proceedings-Colombia”. The company’s core mining concession contracts provide that the Colombian mining authority (ANM) has the discretion to declare the underlying concession void if AGAC repeatedly or continually breaches applicable environmental laws or regulations. If the mining authority were to exercise such discretion againstregulations or engages in acts of corruption or other serious misconduct. In that event, AGAC AGAC wouldcould be required to abandon its projectsthe relevant project and, alldepending on the severity of itsthe violations or misconduct, the Colombian mining authority may cancel AGAC’s other existing mining concession contracts. Pending proposals for new mining concession contracts wouldcould also be cancelled and AGAC wouldcould be banned from doing business with the Colombian government for a period of five years. See “Item 8A: Legal Proceedings - Colombia”.

Should the company be unable to resolve disputes favourably or to enforce its rights, this may have a material adverse impact on the company’s financial performance, cash flow and results of operations.

AngloGold Ashanti does not have any gold hedging instruments which exposes it entirely to commodity price decreases.

AngloGold Ashanti removed the last of its gold hedging instruments in October 2010 to provide greater participation in a rising gold price environment. As a result, AngloGold Ashanti no longer has any protection against declines in the market price of gold. The sustained decline in the price of gold experienced from 2011 through 2015 has had an adverse impact on the company’s financial condition and further deterioration could have a material adverse impact on the company’s operating results and its financial condition.

Any acquisition or acquisitions that AngloGold Ashanti may complete may expose the company to new geographic, political, legal, social, operating, financial and geological risks.

AngloGold Ashanti may pursue the acquisition of producing, development and advanced stage exploration properties and companies. Any such acquisition may change the scale of the company’s business and operations and may expose it to new geographic, geological, political, social, operating, financial, legal, regulatory and contractual risks. For example, there may be a significant change in commodity prices after the company has committed to complete the transaction and established the purchase price or share exchange ratio; a material ore body may prove below expectations; AngloGold Ashanti may have difficulty integrating and assimilating the operations and personnel of any acquired companies, realising anticipated synergies and maximising the financial and strategic position of the combined enterprise, and maintaining uniform standards, policies and controls; the integration may disrupt the company’s ongoing business and its relationships with employees, suppliers and contractors; and the acquisition

may divert management’s attention from AngloGold Ashanti’s day-to-day business. Furthermore, the company operates and acquires businesses in different countries, with different regulatory and operating cultures, which may exacerbate the risks described above. In addition, the acquired business may have undetected liabilities which may be significant.

In the event that the company chooses to raise debt capital to finance any acquisition, the company’s leverage will be increased. Should the company choose to use equity as consideration for an acquisition, existing shareholders may suffer dilution. Alternatively, the company may choose to finance any acquisition with its existing resources, which could decrease its ability to fund future capital expenditures.

The company may not be successful in overcoming these risks or any other problems encountered in connection with acquisitions. Failure by AngloGold Ashanti to implement its acquisition strategy or to integrate acquired businesses successfully could have material adverse effects on its growth, financial performance and results of operations.


Ageing infrastructure at some of AngloGold Ashanti’s operations could adversely impact its business.

Deep level gold mining shafts are usually designed with a lifespan of 25 to 30 years.  Vertical shafts consist of large quantities of infrastructure steelwork for guiding conveyances and accommodating services such as high and low tension electric cables, air and water pipe columns.  Rising temperatures in the deeper mining areas can also lead to increased cooling requirements in the form of upgraded and expanded refrigeration, including ice plants.  Maintaining this infrastructure requires skilled human resources, capital allocation, management and planned maintenance.  Once a shaft has reached the end of its intended lifespan, increased maintenance and care is required.  Incidents resulting in production delays, increased costs or industrial accidents may occur.  Such incidents may have an adverse effect on the company’s results of operations and financial condition.

Asset integrity and reliability issues relating to ageing infrastructure are of concern at many of the company's operations, but are of particular concern in South Africa.  Furthermore in Tanzania, cracks were discovered in the mill feed end in September 2008 and at the discharge end in February 2010 at the Geita gold mine.  The Geita gold mine is one of the group’s principal assets and sources of cash flow.  After initial repairs, the feed end was replaced during May and June 2011.  Production throughput in 2011 was one million tonnes lower than planned, as a result of mill downtime that included feed end replacement.  The Geita gold mine produced approximately 531,000 ounces in 2012, with production throughput approximately 100,000 tonnes short of budget.  A decision was subsequently taken to replace the entire mill as a result of shell distortion.  After new mill manufacture delays, installation was completed during March 2013.operations. Ageing infrastructure may have an adverse effect on the company’s results of operations and financial condition in the future.

Some of AngloGold Ashanti’s technologies are unproven and the failure of such technologies could adversely impact costs and production.

AngloGold Ashanti has created a Technology Innovation Consortium (ATIC) and teamed up with various specialists to engineer new solutions to environmental management, mine design, mining technology and methods and underground logistics, amongst other matters. The company has invested in new technologies, including phyto-technologies to reduce seepage and address soil and groundwater contamination, and in-mine support technologies to minimise the impact of seismic activity. The company is also attempting to develop technologies to access the deeper reaches of its South African mines, including thermal spalling and an ultra-high strength backfill product and system.

Some aspects of these technologies are unproven and their eventual operational outcome or viability cannot be assessed with certainty. AngloGold Ashanti may be unable to successfully put into operation the technological step changes developed and proposed by ATIC. The costs, productivity and other benefits from these initiatives, and the consequent effects on AngloGold Ashanti’s future earnings and financial condition, may vary from expectations. The company’s failure to realise the anticipated benefits could result in increased costs, an inability to realise production or growth plans, or adversely affect its operational performance.





AngloGold Ashanti does not have full management control over some of its significant joint venture projects and other interests. If the operators of these projects do not manage these effectively and efficiently, the company’s investment in these projects could be adversely affected and its reputation could be harmed.

AngloGold Ashanti’s joint ventures at Morila in Mali and at Kibali in the DRC are managed by the company’s joint venture partner Barrick Gold Corporation (Barrick) following the completion of the merger between Randgold Resources Limited (Randgold).and Barrick in January 2019. In addition, certain of AngloGold Ashanti’s exploration ventures are managed by the relevant joint venture partner. For example, in January 2020, the company’s joint venture partner B2Gold Corp. assumed the role of manager of the Gramalote project in Colombia, in which AngloGold Ashanti now holds a 50 percent interest.

Whilst AngloGold Ashanti provides strategic management and operational advice to its joint venture partners in respect of these projects, theThe company cannot ensure that these projects are operated in compliance with the standards that AngloGold Ashanti applies to its other operations. If these joint ventures are not operated effectively or efficiently, including as a result of weaknesses in the policies, procedures and controls implemented by the joint venture partners, the company’s investment in the relevant project could be adversely affected. In addition, negative publicity associated with operations that are ineffective or inefficiently operated, particularly relating to any resulting accidents or environmental incidents, could harm the company’s reputation and therefore its prospects and potentially its financial condition. Furthermore, any failure of joint venture partners to meet their obligations to AngloGold Ashanti or to third parties, or any disputes with respect to the parties’ respective rights and obligations, could have a material adverse impact on AngloGold Ashanti’s results of operations and financial condition. In particular, the company and RandgoldBarrick retain equal representation, with neither party holding a deciding vote, on the board of the two companies that have overall management control of the Morila project in Mali and the Kibali project in the DRC, respectively, and all major management decisions for each of these two projects, including approval of the budget, require board approval. If a dispute arises between the company and RandgoldBarrick with respect to the Kibali or Morila project and the parties are unable to amicably resolve such dispute, it may be difficult for the parties to make strategic decisions relating to the project affected by such dispute, the day-to-day operations and the development of such project may be adversely affected and the company may have to participate in proceedings to resolve the dispute, which could adversely affect the company’s results of operations and financial condition.

AngloGold Ashanti’s joint venture partners may have economic or business interests or goals that are not consistent with the company’s or may, as a result of financial or other difficulties, be unable or unwilling to fulfill their obligations under the joint venture or other agreements. For example, a joint venture partner could decide to sell its shares in the joint venture in breach of any pre-emptive rights which the company may have under the relevant joint venture agreement. Disputes between the company and its joint venture partners may lead to legal action, including litigation between AngloGold Ashanti and its joint venture partners. Such disputes could adversely affect the operation of the joint venture, may prevent the realisation of the joint ventures’ goals and could adversely affect AngloGold Ashanti's investment in the joint venture or harm the company's reputation. There is no assurance that the company’s joint venture partners will continue their relationship with the company in the future or that the company will be able to achieve its financial or strategic objectives relating to the joint ventures.


The prevalence of occupational health diseases and other diseases and the potential costs and liabilities related thereto may have an adverse effect on the business and results of operations of AngloGold Ashanti.

The primary areas of focus in respect of occupational health of employees within the company’s operations are noise-induced hearing loss and occupational lung diseases (OLD), which include pulmonary diseases such as tuberculosis from various causes and silicosis in individuals exposed to silica dust. These risks require active dust management strategies in underground operations, particularly in South Africa where a significant number of silicosis cases by current and former employees alleging past exposures are still reported each year to the board for statutory compensation. AngloGold Ashanti provides occupational health services to its employees at its occupational health centres and clinics and runs preventative occupational hygiene initiatives, such as implementing various dust control measures and supplying the company’s employees with respiratory protection equipment. If the costs associated with providing such occupational health services, implementing such dust control measures or supplying such equipment increase significantly beyond anticipated or budgeted amounts, this could have an adverse effect on AngloGold Ashanti’s results of operations and financial condition. Actual and alleged health and safety incidents or breaches of standards may also adversely impact the company’s reputation.

In South Africa, AngloGold Ashanti is currentlyhas been subject to numerous claims, including class action litigation with respect to alleged occupational lung diseases (see “-AngloGoldOLD with two certified industry-wide classes, i.e. a Silicosis Class and a Tuberculosis Class. The settlement agreement in relation to this silicosis and tuberculosis class action came into effect on 10 December 2019, following the approval of the settlement by the High Court in Johannesburg in July 2019. As a result, a trust (Tshiamiso Trust) has been established for a minimum of 13 years responsible for making payments to eligible beneficiaries. The amount of monetary compensation will vary depending on the nature and seriousness of the disease. As of 31 December 2019, AngloGold Ashanti is subjecthas recorded a provision of $65 million (2018: $63 million and 2017: $63 million) to cover the riskestimated settlement costs and related expenditure of litigation, the causessilicosis litigation. Although significant judgement was applied in estimating the costs incurred to settle the silicosis and tuberculosis class action claim, the final costs and related expenditure may differ from current cost estimates. In addition, even though management believes the assumptions are appropriate, changes in the assumptions may materially affect the provision and final costs of which are not always known”). AngloGold Ashanti is working withsettlement. For example, the final settlement costs and related expenditure may be higher than the recorded provision depending on various factors, such as, among other mining companies to engage with government (and other stakeholders) to seek an appropriate industry-wide solution. Settlement negotiationsthings, potential changes in the company’s silicosis class action claims have reached an advanced stagesettlement terms, differences in the number and aprofile of eligible claimants actually compensated compared to current estimates and fluctuations in foreign exchange rates. There can be no assurance that ultimately this matter will not result in losses in excess of the recorded provision, for silicosis has been made. An industry-wide solution may not be reached or the terms of any such solutionwhich may have a material adverse effect on AngloGold Ashanti’s financial condition. Seeposition. For further information, see “Item 8A: Legal Proceedings”Proceedings-South Africa” and “Item 18: Note 33 - Contractual Commitments and Contingencies”Financial Statements-Note 1-Accounting Policies-Provision for silicosis”.

In response to the effects of silicosis in labour-sending communities, a number of mining companies (under the auspices of the Chamber of Mines of South Africa) together with the NUM, which is the largest union in the mining sector in South Africa, and the national and regional departments of health, have embarked on a project to assist in delivering compensation and relief by mining companies under the Occupational Diseases in Mines and Works Act (ODMWA) to affected communities.




AngloGold Ashanti also faces certain risks in dealing with HIV/AIDS, particularly at its South African operations, and with tropical disease outbreaks such as malaria, and other diseases which may have an adverse effect on the company’s results of operations and financial condition. AIDS and associated diseases remain one of the major health care challenges faced by AngloGold Ashanti’s South African operations. Workforce prevalence studies indicate that HIV prevalence rates amongst AngloGold Ashanti’s South African workforce may be as high as 30 percent.

Malaria and other tropical diseases pose significant health risks at all of the company’s operations in central, westCentral, West and eastEast Africa where such diseases may assume epidemic proportions because of ineffective national control programmes. Malaria is a major cause of death in young children and pregnant women in these areas but also gives rise to fatalities and absenteeism in adult men. Other conditions such as heart disease, chronic diseases and obesity are also of increasing incidence and concern.

Such diseases impair the health of workers and negatively affect productivity and profitability as a result of workers’ diminished focus or skill, absenteeism, treatment costs and allocated resources. Any current or future medical programme may not be successful in preventing or reducing the infection rate amongst AngloGold Ashanti’s employees or in affecting consequent illness or mortality rates. AngloGold Ashanti may incur significant costs in addressing these issues in the future, which could also adversely impact the company’s results of operations and financial condition.

The company may face additional health care challenges as a result of other public health crises, pandemics or epidemics. For example, there is a risk that the recent outbreak of the SARS-CoV-2 virus responsible for COVID-19 may significantly impair the health of our labour force. If spread among our workforce, COVID-19 may lead to a full or partial shutdown of the company’s mines in the affected areas and, as a result, a halt in related mining operations. COVID-19 also poses the risk that business may be curtailed or even suspended for an indefinite period of time due to shutdowns that may be requested or mandated by governmental authorities or otherwise elected by companies as a preventive measure to contain the spread of the virus. A curtailment or suspension at the company’s mining operations in certain or all regions due to COVID-19, either for a definite or indefinite period of time, may have a material adverse impact on our results of operations and financial condition.


The costs and impacts associated with the pumping of water inflows from closed mines adjacent to the company’s operations could have an adverse effect on its results of operations.

Certain of AngloGold Ashanti’s mining operations are located adjacent to the mining operations of other mining companies.  The closure of a mining operation may have an impact upon continued operations at the adjacent mine if appropriate preventative steps are not taken, including the ingress of underground water when pumping operations at the adjacent closed mine are suspended.suspended, in particular in South Africa.  Such ingress could have an adverse effect on any one of the company’s mining operations as a result of property damage, disruption to operations, additional pollution liabilities and pumping costs and, consequently, could have an adverse impact on its results of operations and financial condition. For example, in the West Wits district, Blyvooruitzicht Gold Mining Company was placed in provisional liquidation in August 2013. AngloGold Ashanti secured a court order for access rights to Blyvoor 4 and 6 shafts to keep pumping going.  AngloGold Ashanti also incorporated Covalent Water Company, which purchased rights of access and electricity to the 4 and 6 shafts as well as the relevant infrastructure, to continue pumping underground water. This has reduced the risk of flooding at the company’s West Wits Operations, but flooding in the future could pose an unpredicted “Force Majeure” type event, which could have an adverse impact on its results of operations and financial condition. Additional infrastructure is being installed at Covalent Water Company 4 Shaft in the B2 decline to mitigate risk and allow pumping closer to source.


The potential costs associated with the remediation and prevention of groundwater contamination from the company’s operations or due to flooding from closed mines adjacent to the company’s operations could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.

AngloGold Ashanti has identified groundwater contamination plumes at certain of its operations that have occurred primarily as a result of seepage from surface operations and facilities, including tailings storage facilities and waste rock piles.

In addition, deep groundwater contamination is a significant issue in South Africa, where groundwater in some older mining regions has infiltrated mined-out workings. Potential contamination risk to shallow ground and surface water resources can occur when water is exposed to sulphide-bearing rock in such situations. In South Africa, AngloGold Ashanti has identified a flooding and future pollution risk posed by deep groundwater in the Far West Rand goldfields. AngloGold Ashanti’sgoldfields, of which the company’s West Wits operations are part of the Far West Rand goldfields.part. As a result of the interconnected nature of underground mining operations in South Africa, any proposed solution for deep groundwater contamination needs to be a combined one supported by all the companies owning mines located in these goldfields.

In view of the limitation of current information for the accurate estimation of liabilities, no reliable estimate can be made for these obligations. The potential costs of remediation and prevention of groundwater contamination at AngloGold Ashanti’s operations could be significant and may have a material adverse impact on AngloGold Ashanti’s results of operations and financial condition.condition.


The occurrence of events for which AngloGold Ashanti is not insured or for which its insurance is inadequate may adversely affect cash flows and overall profitability.

AngloGold Ashanti maintains insurance to protect against events which could have a significant adverse effect on its operations and profitability. This insurance is maintained in amounts that the company believes to be reasonable depending upon the circumstances surrounding each identified risk. However, damage and third-party claims arising from catastrophic events may exceed the limit of liability covered under these insurance policies. Furthermore, AngloGold Ashanti’s insurance does not cover all potential risks associated with its business and may exclude certain parts of its business. AngloGold Ashanti may elect not to insure certain risks due to the high premiums or for various other reasons, including an assessment that the risks are remote.

In order to mitigatereduce or maintain the cost of its insurance program, AngloGold Ashanti may in some instances retain a portion of the financial loss associated with an insurable event. These financial losses could be significant and could have an adverse effect on its financial condition.

Insurance for certain risks in particular, such as loss of title to mineral property, political risks in certain jurisdictions, environmental pollution, or other hazards resulting from exploration and production, is not generally available to mining companies on acceptable terms. The availability and cost of insurance coverage can vary considerably from year to year as a result of events beyond the company’s control or as a result of previous claims. This can result in higher premiums and periodically being unable to maintain the levels or types of insurance the company typically carries.

The failure to obtain adequate insurance could impair the company’s ability to continue to operate in the normal course of its business. This could adversely impact its cash flows, results of operations and financial condition.

The implementation of an integrated Enterprise Resource Planning (ERP) system could have an adverse effect on AngloGold Ashanti’s results of operations and financial condition.

AngloGold Ashanti continues to implement a single, global ERP system to support all the operations that it manages. The oneERP project for Obuasi Mine in Ghana was approved in February 2018. This project will commence during March 2018 with a planned go-live date of 13 August 2018. The SAP payroll implementation will follow with go-live planned for September 2018. The only remaining site that is not included in the global oneERP system is Sadiola Mine in Mali.

The implementation and operationalisation of an ERP system on a global basis is an inherently high-risk initiative due to the potential for implementation cost and time overruns. In addition, if AngloGold Ashanti experiences difficulties with the implementation and operation of the system, the company’s ability to report and manage technical and financial information could be compromised, which could have an adverse effect on the company’s results of operations and financial condition.

Any similar future problems with the implementation, operation or maintenance of the ERP system could have an adverse effect on the company’s financial condition.

Sales of large quantities of AngloGold Ashanti’s ordinary shares and American DepositoryDepositary Shares (ADSs), and the perception that these sales may occur or other dilution of the company’s equity, could adversely affect the prevailing market price of the company’s securities.

The bulk of AngloGold Ashanti’s shares are held by a relatively small number of investors.  According to information available to the company, AngloGold Ashanti’s five largest shareholders beneficially owned 28.6831.47 percent and the top 10 largest beneficially owned 43.6646.81 percent of AngloGold Ashanti’s ordinary shares as at 31 December 2017.

Poor returns, soaring costs, higher capital expenditure, ill-conceived corporate activity, rising geopolitical and labour risk, a material decrease in the price of gold and low dividend yields from 2011 through 2015 have resulted in a change in market sentiment towards gold equities.2019. The market price of the company’s securities could fall if large quantities of ordinary shares or ADSs are sold in the public market, if there is divestment by certain types or groupings of investors, or if there is the perception in the marketplace that such sales could occur.  Subject to applicable securities laws, holders of the company’s ordinary shares or ADSs may decide to sell them at any time.

The market price of the company’s ordinary shares or ADSs could also fall as a result of any future offerings AngloGold Ashanti makes of its ordinary shares, ADSs, or securities exchangeable or exercisable for the company’s ordinary shares or ADSs, or the perception in the marketplace that these offerings might occur.  AngloGold Ashanti may make such offerings, including offerings of additional ADS rights, share rights or similar securities, at any time or from time to time in the future and such offerings could adversely affect the prevailing market price of the company's securities.


Fluctuations in the exchange rate of currencies may reduce the market value of AngloGold Ashanti’s securities, as well as the market value of any dividends or distributions paid by the company.

AngloGold Ashanti has historically declared all dividends in South African rands. As a result, exchange rate movements may have affected the Australian dollar, the Ghanaian cedi, the British pound the Ghanaian cedi and the U.S. dollar value of these dividends, as well as of any other distributions paid by the relevant depositary to holders of the company’s securities.


Furthermore, AngloGold Ashanti’s Memorandum of Incorporation allows for dividends and distributions to be declared in any currency at the discretion of the board of directors or the company’s shareholders at a general meeting. If, and to the extent that, AngloGold Ashanti opts to declare dividends and distributions in U.S. dollars, exchange rate movements will not affect the U.S. dollar value of any dividends or distributions. Nevertheless, the value of any dividend or distribution in Australian dollars, Ghanaian cedis, British pounds or South African rands will continue to be affected. If, and to the extent that, dividends and distributions are declared in South African rands in the future, exchange rate movements will continue to affect the Australian dollar, Ghanaian cedi, British pound and U.S. dollar value of these dividends and distributions. This may reduce the value of the company’s securities to investors. Additionally, the market value of AngloGold Ashanti’s securities as expressed in Australian dollars, Ghanaian cedis, British pounds, U.S. dollars and South African rands will continue to fluctuate in part as a result of foreign exchange fluctuations.


AngloGold Ashanti may not pay dividends or make similar payments to shareholders in the future.

AngloGold Ashanti pays cash dividends only if there are sufficient funds available for that purpose. Fund availability depends upon many factors, including the amount of cash available, taking into account AngloGold Ashanti’s capital expenditure on existing infrastructure and exploration and other projects. Additionally, under South African law, a company is entitled to pay a dividend or similar payment to its shareholders only if the company meets the solvency and liquidity tests set out in legislation and the company’s founding documents.

Given these factors, including the capital and investment needs of AngloGold Ashanti, and the board of directors’ discretion to declare a dividend (including the amount and timing thereof), cash dividends may not be paid in the future.


U.S. securities laws do not require AngloGold Ashanti to disclose as much information to investors as a U.S. issuer is required to disclose, and investors may receive less information about the company than they might otherwise receive from a comparable U.S. company.

AngloGold Ashanti is subject to the periodic reporting requirements of the SEC and the New York Stock Exchange that apply to “foreign private issuers”. The periodic disclosure required of foreign private issuers under applicable rules is more limited than the periodic disclosure required of U.S. issuers. For example, on 22 February 2016, AngloGold Ashanti announced that it would no longer voluntarily publish reviewed financial statements and analyses of operating and financial results for the quarters ended 31 March and 30 September each year. As a result of this transition to half-yearly reporting, investors will receive less information about AngloGold Ashanti than they havehad in previous years.years preceding that change. They will also receive less timely financial reports than they otherwise might receive from a comparable U.S. company or from certain of the company’s peers in the industry. This may have an adverse impact on investors’ abilities to make decisions about their investment in AngloGold Ashanti.


AngloGold Ashanti’s inability to maintain an effective system of internal control over financial reporting may have an adverse effect on investors’ confidence in the reliability of its financial statements.

Internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of the company’s financial statements for external purposes in accordance with International Financial Reporting Standards (IFRS) as issued by the International Account Standards Board.Board (IASB). Disclosure controls and procedures are designed to ensure that information required to be disclosed by a company in reports that it files or submits under the U.S. Securities Exchange Act of 1934, as amended (the Exchange(Exchange Act) is recorded, processed, summarized and reported within the time periods specified in the rules and forms of the Securities and Exchange Commission.SEC. These disclosure controls and procedures include without limitation, controls and procedures designed to ensure that information required to be disclosed by the company in reports that it files or submits under the Exchange Act is accumulated and communicated to the company’s management, including its chief executive officer and chief financial officer, as appropriate to allow timely decisions regarding disclosure. AngloGold Ashanti has invested in resources to facilitate the documentation and analysation of its system of disclosure controls and its internal control over financial reporting. A control system, no matter how well designed and operated, can provide only reasonable, not absolute, assurance with respect to the reliability of financial reporting and financial statement preparation. If AngloGold Ashanti is unable to maintain an effective system of internal control over financial reporting, investors may lose confidence in the reliability of its financial statements and this may have an adverse impact on investors’ abilities to make decisions about their investment in AngloGold Ashanti. See “Item 15: Controls and Procedures”.





ITEM 4: INFORMATION ON THE COMPANY



4A.HISTORY AND DEVELOPMENT OF THE COMPANY

GROUP INFORMATION

AngloGold Limited was formed in June 1998 with the consolidation of the gold mining interests of Anglo American plc. AngloGold Ashanti Limited, as the company exists today, was formed on 26 April 2004 following the business combination between AngloGold Limited and Ashanti Goldfields Company Limited.

CURRENT PROFILE

AngloGold Ashanti Limited is headquartered in Johannesburg, South Africa. The company (Registration number 1944/017354/06) was incorporated in the Republic of South Africa in 1944 under the name of Vaal Reefs Exploration and Mining Company Limited and operates under the South African Companies Act, No. 71 of 2008, as amended (the Companies Act).

Its registered office is at 76 Rahima Moosa Street, Newtown, Johannesburg, 2001, South Africa, 2001. Telephone:Africa. The general telephone number is +27 11 637 6000.6000 and the internet address is https://www.anglogoldashanti.com .

While AngloGold Ashanti’s primary listing is on the Johannesburg Stock Exchange (JSE), the company is also listed on the New York Stock Exchange (NYSE), the Ghana Stock Exchange (GhSE) and the Australian Securities Exchange (ASX). Our agent for service of process in the United States is AngloGold Ashanti North America Inc., 4601 DTC Boulevard, Suite 550, Denver, CO 80237. The U.S. Securities and Exchange Commission (SEC) maintains a public internet site that contains AngloGold Ashanti’s filings with the SEC and reports, proxy and information statements, and other information regarding issuers that file electronically with the SEC (http://www.sec.gov).

HISTORY AND SIGNIFICANT DEVELOPMENTS

Below are highlights of key corporate activities from 1998:

1998
Formation of AngloGold Limited through the consolidation of East Rand Gold and Uranium Company Limited; Eastvaal Gold Holdings Limited; Southvaal Holdings Limited; Free State Consolidated Gold Mines Limited; Elandsrand Gold Mining Company Limited; H.J. Joel Gold Mining Company Limited and Western Deep Levels Limited into a single, focused, independent gold mining company. Vaal Reefs Exploration and Mining Company Limited (Vaal Reefs), the vehicle for the consolidation, changed its name to AngloGold Limited and increased its authorised share capital, effective 30 March 1998.

1998-2004
Expansion of AngloGold Limited’s operations outside of South Africa.

2004
Conclusion of the business combination with Ashanti Goldfields Company Limited, at which time the company changed its name to AngloGold Ashanti Limited.

2007
Sale by Anglo American plc of 69,100,000 ordinary shares of AngloGold Ashanti, thereby reducing Anglo American’s shareholding in AngloGold Ashanti from 41.7 percent to 16.6 percent.

2009
Sale by Anglo American plc of its remaining shareholding in AngloGold Ashanti to Paulson & Co. Inc.

2010
Elimination of AngloGold Ashanti’s hedge book, thereby gaining full exposure to spot gold prices.

2012
Acquisition of the remaining 50 percent interest in Serra Grande in Brazil for $215 million.
Acquisition of 100 percent of First Uranium (Proprietary) Limited for $335 million.

2013

Commission of two new gold projects - Tropicana and Kibali - in the second half of 2013.

2015
Sale of the Cripple Creek & Victor gold mine in the USA for $819 million.

2017
South Africa region restructured - TauTona mine placed on orderly closure. Negotiations of the sales of Moab Khotsong and Kopanang mines during 2017 with the transactions concluding on 28 February 2018.

2019
Announcement of a review of divestment options for assets in South Africa, Mali and Argentina.
Sale of the Sadiola mine in Mali for $52.5million.

2020 YTD
Announcement of the sale of the remaining South African producing assets and related liabilities.

CAPITAL EXPENDITURE AND DIVESTITURES

For information concerning the company’s principal capital expenditures and divestitures currently in progress, including the distribution of these investments geographically and the method of financing, refer to “Item 4B: Business Overview-AngloGoldOverview -AngloGold Ashanti Global Operations: 2017”2019”, “Item 5A: Operating Results-Capital expenditure” and “Item 5B: Liquidity and Capital Resources”.

For information concerning the company’s divestitures currently in progress, including the sale of the remaining South African producing assets and related liabilities announced on 12 February 2020, refer to “Item 5A: Operating Results-Subsequent events”, “Item 18: Financial Statements-Note 37-Subsequent events” and “Item 18: Financial Statements-Note 9-Discontinued operations and assets and liabilities held for sale”.




4B.BUSINESS OVERVIEW

AngloGold Ashanti, aan independent global gold mining company with a globally diverse, world-classhigh-quality portfolio of operations, projects and projects,exploration activities across 11 countries on four continents. The Company is headquartered in Johannesburg, South Africa. Measured by production, AngloGold Ashanti is the third largest gold mining company in the world, measured by production.world.

Our business activities span the full spectrum of the mining value chain and take into account the impact of our activities on the varied and many communities and environments in which we operate.

PRODUCTS
AngloGold Ashanti’s main product is gold. Once mined, the gold ore is processed into doré (unrefined gold bars) on site and then dispatched to precious metals refineries for refining to a purity of at least 99.5%, in accordance with the standards of ‘good delivery’ as determined by the London Bullion Market Association (LBMA). This refined gold is then sold directly to bullion banks.

By-products of our gold mining operations, often a function of local geological characteristics, include silver in Argentina and sulphuric acid in Brazil and uranium in South Africa.Brazil.

OPERATIONS

Our portfolio of 1714 operations and three projects in tennine countries, excluding our South African assets and Sadiola mine which are held for sale, comprises long-life, relatively low-cost operating assets with differing ore body types, located in key gold-producing regions.regions around the world.

Our operations and projects are grouped regionally as follows:

South Africa (Vaal River, West(West Wits and Surface Operations);
Continental Africa (Democratic Republic of the Congo, Ghana, Guinea, Mali and Tanzania);
Americas (Argentina and Brazil, and projects in Colombia); and
AustralasiaAustralia (Australia).

GivenOver the current market environmentpast few years, AngloGold Ashanti has transformed itself by increasing efficiencies and the scrutiny of financial capital allocation, we ensure responsible capital distribution,competitiveness, focusing on safety and sustainability performance, improving margins, containing operating and overhead costs and generating positive cash flows and reducing its footprint in South Africa, in line with business requirements. We do this while optimising internal expertise to identify and implement operational efficiencies, reducing overhead structures, improving capital discipline and pursuing other business improvement initiatives without compromising safety. We continue our focus on debt reduction to further strengthen our balance sheet and on improving the quality of our portfolio. This we aim to do by unlocking value from existing operations, brownfield opportunities, Obuasi and other long-term growth projects, including Colombia.strategic objectives.

Our organisational and management structure aligns with global best practice in corporate governance. By using our human capital efficiently, group support functions cover planning and technical, strategy, sustainability, finance, human resources, legal and stakeholder relations. The planning and technical functions focus on identifying and managing opportunities, maintaining long-term optionality, and ensuring the optimal use of our intellectual capital through a range of activities that includes brownfields and greenfields exploration as well as innovative research focused on mining excellence.

EXPLORATION

Our exploration programme is aimed at providing an organic growth pipeline to enable us to generatefocused on creating significant value over time.for the company's stakeholders by providing long-term optionality and improving the quality of our asset portfolio.

Greenfields and brownfields exploration takes place in both established and new gold-producing regions through managed and non-managed joint ventures, strategic alliances and wholly-owned ground holdings. AngloGold Ashanti’s discoveries include La Colosa, Gramalote and Quebradona (Nuevo Chaquiro) in Colombia.

GOLD MARKET

Investors added more gold to their portfolios during 2017 as market uncertainty increased and inflation expectations started to rise. Positive momentum held for much of the year, helping to offset the potentially negative impact of anticipated interest rate increases in the US, with the gold price averaging $1,258/oz over the 12 months compared with $1,249/oz in 2016. It touched a low of $1,158 in 2017 and reached a high of $1,348/oz for the year. The gold price closed the year at $1,306/oz. Continued gold investments into portfolios, with inflows into global gold-backed exchange-traded funds totalled $8.2bn or 6.72Moz, compared with 14.18Moz in 2016.

Speculators increased their gold net long position by 7.36Moz year-on-year on the Comex commodity exchange, further underpinning the positive sentiment in the gold market.

Stock markets globally ended the year at or near record highs. The MSCI All-Country World Index gained 22 percent or nine trillion, during 2017, a new high, as global growth accelerated and investors bet on continued improvements to corporate earnings. Additionally, the US Tax Cuts and Jobs Act and the US Federal Reserve’s gradual approach to normalising monetary policy further buoyed equity markets. These record valuations coincided with continued strength in most other asset classes in developed markets,

including property, bonds and alternatives like collectibles and cryptocurrencies, though some of the enthusiasm over the latter has waned in 2018.

Monetary policy tightening across the globe pushed up global short-term bond yields while long-term yields remained relatively flat. The US Federal Reserve increased interest rates three times during the year, while the Bank of England lifted its benchmark rate during November for the first time in a decade to 0.50 percent (from 0.25 percent). In March 2017, the European Central Bank (ECB) claimed victory over deflation and signalled that its monetary policy would become gradually less expansionary.

Bond markets remained stable, with increased investments in emerging market sovereign debt, as compared to government debt in developed countries, where yields were down in 2017. As a result, emerging market currencies strengthened and borrowing rates from these countries remain at or near multi-year lows.

In 2017, the global volatility index traded at historically low levels, despite the impact of various political events including geopolitical concerns about a US-led nuclear war with North Korea, political upheaval in Europe with the Catalan separatist movement in Spain, a continued swing to the right in several EU member states and an inconclusive German election.

The US dollar price of gold rose 13 percent from the first to the last trading day of the year, its biggest annual gain since 2010, outperforming most major asset classes (other than stocks). Aside from the tailwinds from geopolitical uncertainty, gold prices were supported by a weakening US dollar and elevated equity valuations, which created concern over a potential market correction. Debt investors were also likely concerned about a record bull market that was threatened by the increasing prospect of a normalisation in interest rates in the US. The geopolitical instability further heightened investor uncertainty and fuelled investments in gold, which remain a hedge against these risks.

Central banks were also very active in the gold market, with Russia increasing its holdings, particularly in the last two months of the year. The central banks remained an important source of demand for gold and net purchases by central banks recorded a gain of 48 percent for the whole of 2017, up 123t to 381t compared to 258t in 2016.

AND JEWELLERY DEMAND

Jewellery consumption for 2017During 2019, the gold market was notably active with retail investors capitalising on the higher prices by selling their existing holdings. In contrast, professional investors increased their holdings on the COMEX gold futures market, which reached all-time highs equivalent to 1,134 tonnes, and of Exchange Traded Funds (ETFs). Physically-backed ETFs and similar products closed 2019 at 2,885.5 tonnes with annual inflows of 401.1 tonnes, up 13.2426% year-on-year.

In the fourth quarter of 2019, central banks added a net 109.6 tonnes to global official gold reserves bringing full-year net purchases to 650.3 tonnes, 1% lower than the 2018 total of 656.2 tonnes. This marks ten consecutive years of net purchases, with global official reserves now 5,000 tonnes higher than at the end of 2009 at close to 34,700 tonnes, and highlights the importance central banks place on having an allocation of gold in their reserve portfolio.

In 2019, global gold jewellery demand volumes fell 6 percent compared to 2016, with all major physical consumer regions recording year-on-year gains. India’s jewellery consumption increased by 8 percent in the last quarter2,107 tonnes. Purely a second half of the year helpedphenomenon, the weakness was primarily due to the big jump in the third quarter in the price of gold (in local currency terms), which impacted affordability. The price was well supported at elevated levels throughout the closing months of 2019, leading to a 10 percent year on year drop in the fourth quarter demand to 584.5 tonnes. In US dollar terms, gold jewellery demand grew by 3 percent to a surgefive-year high of $94.3 billion. Much of this came from a 9 percent year on year increase in sales during Dhanteras (the first day of Diwali) and lower prices toward year end. Jewellery fabrication also increased 5.5 percent in 2017 from 2016. Chinesethe fourth quarter demand, slippedwhich reached

$27.8 billion, a seven-year high. Technology demand for gold weakened contributing to a 2 percent year-on-year, with ongoing lossesfall in demand for gold in the pure gold segment as consumer preferences continued to shift towards more fashionable pieces with lower gold content. It is worth adding that after posting double-digit percentage declines on average since its 2013 peak, China’s jewellery offtake appeared to have finally stabilised in 2017. Total physical demand increased on an annual basis, with physical demand up 10.6 percent from 3,555.9t in 2016 to 3,931.6t in 2017.sector.

GoldTotal supply was broadly unchanged andslightly higher in 2019, up two percent year on year from 4,673.0 tonnes in 2018 to 4,776.1 tonnes in 2019. This growth was attributable to the price performance of gold over the year, primarily through its impact on recycling, but also on net hedging to a certain extent. While mine production rose fractionallyfell by 1 percent year on year, a sharp increase in gold recycling to 3,268.7t in 2017 (2016: 3,236.0t), while there wasits highest level since 2012 (up 11 percent year on year) helped boost higher total supply. Modest net dehedgingproducer hedging, the first year of 30.4t. Recycling levels declined by 10 percent year-on-yearnet hedging since 2016, also contributed to 1,160t in 2017 as mine production was offset by reduced hedging activity, while scrap volumes remained flat year-on-year.overall supply.

The average gold price for the year was $1,394/oz (2018: US$1,268/oz). AngloGold Ashanti achieved an average price of $1,387/oz for gold sold during the year, a 10% increase over 2018 at $1,261/oz.

COMPETITION

As gold mining is a mature and regulated industry, and very significant volumes of gold and gold derivatives trade in the world markets independent of gold mine supply, AngloGold Ashanti does not consider that competition for sales plays any role in its operations as a gold producer. For more information on a geographical analysis of gold income by destination, refer to “Item 18: Note 2 - SegmentalFinancial Statements-Note 2-Segmental Information”.

However, gold producers do compete against each other for acquisition of mining assets, exploration opportunities and human resources. See “Item 3D: Risk Factors”.

SEASONALITY

Subject to other factors and unforeseen circumstances, quarter one production is generally lower than production during the rest of the year as a result of the ramp-up of operations after annual holiday production declines.

RAW MATERIALS

AngloGold Ashanti uses chemicals, including cyanide and lime, in the production of gold. These chemicals are available from a large number of suppliers and do not represent a material portion of the company’s costs.


STRATEGY

AngloGold Ashanti’s core strategic focus is to generate sustainable cash flow improvements and returns by focusing on five key areas, namely: people, safety and sustainability; ensuring financial flexibility; actively managing all expenditures; improving the quality of our portfolio; and maintaining long-term optionality.

Strategic focus areas
AngloGold Ashanti’s five strategic focus areas are set out below:
Focus on people, safety and sustainability. People are the foundation of our business. Our business must operate according to our values if it is to remain sustainable in the long term.
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Promote financial flexibility. We must ensure our balance sheet always remains able to meet our core funding needs.
Optimise overhead costs and capital expenditure. All spending decisions must be thoroughly scrutinised to ensure they are optimally structured and necessary to fulfil our core business objective.
Improve portfolio quality. We have a portfolio of assets that must be actively managed to improve the overall mix of our production base as we strive for a competitive valuation as a business.
Maintain long-term optionality. While we are focused on ensuring the most efficient day-to-day operation of our business we must keep an eye on creating a competitive pipeline of long-term opportunities.

INTELLECTUAL PROPERTY

AngloGold Ashanti, as a group, is not dependent on intellectual property, commercial or financial contracts or new manufacturing processes for the conduct of its business as a whole.

THE REGULATORY ENVIRONMENT ENABLING ANGLOGOLD ASHANTI TO MINE

AngloGold Ashanti’s rights to own and exploit Ore Reserve and deposits are governed by the laws and regulations of the jurisdictions in which these mineral properties lie.

AngloGold Ashanti is subject to a wide range of laws and regulations governing all aspects of its operations, including such areas as environmental protection, reclamation, exploration, development, production, taxes, immigration, labour standards and employment issues, occupational health, mine safety, toxic substances and wastes, securities and foreign corrupt practices. AngloGold Ashanti has made, and expects to make in the future, significant expenditures to comply with these laws and regulations. Non-compliance can result in violations and legal claims, as well as substantial fines, penalties, reputational damage and delays

in day-to-day operations. Pending or proposed changes to existing laws and regulations, as well as any proposed or contemplated new laws or regulations could also have significant impacts on AngloGold Ashanti’s business and results of operations, the extent of which cannot always be predicted.

There are in some cases certain restrictions on AngloGold Ashanti’s ability to independently move assets out of certain countries in which it has operations, or transfer assets within the group, without the prior consent of the local government or minority shareholders involved. See “Item 10D: Exchange controls” for details.

For more information on the risks and uncertainties associated with AngloGold Ashanti’s mining rights, see “Item 3D: Risk factors”, in particular the risk factors entitled “AngloGold Ashanti’s mining rights in the countries in which it operates could be altered, suspended or cancelled for a variety of reasons, including breaches in its obligations in respect of such mining rights”, “Failure to comply with laws, regulations, standards and contractual obligations, breaches in governance processes or fraud, bribery and corruption may lead to regulatory penalties, loss of licences or permits, negative effects on AngloGold Ashanti’s reported financial results, and adversely affect its reputation”, “Title to AngloGold Ashanti’s properties may be uncertain and subject to challenge”, “AngloGold Ashanti’s mineral deposits, Ore Reserve, and mining operations are located in countries where political, tax and economic laws and policies may change rapidly and unpredictably and such changes and policies may adversely affect both the terms of its mining concessions, as well as its ability to conduct operations in certain countries” and “AngloGold Ashanti’s Ore Reserve, deposits and mining operations are located in countries that face instability and security risks that may adversely affect both the terms of its mining concessions, as well as its ability to conduct operations in certain countries”.


SOUTH AFRICA

The MPRDAGeneral laws relating to mining

The Mineral and Petroleum Resources Development Act

Mineral and Petroleum Resources Development Act

The Mineral and Petroleum Resources Development Act, No. 28 of 2002 (MPRDA) came into effect on 1 May 2004. The objectives of the MPRDA are, amongst other things, to allow for state sovereignty over all mineral and petroleum resources in the country, to promote economic growth and the development of these resources and to expand opportunities for the historically disadvantaged. Another objective of the MPRDA is to ensure security of tenure for the respective operations concerning prospecting, exploration, mining and production. By virtue of the provisions of the MPRDA, the state ensures that holders of mining and prospecting rights contribute to the socioeconomic development of the areas in which they operate.


Mineral and Petroleum Resources Development Amendment Act

The Mineral and Petroleum Resources Development Amendment Act, No. 49 of 2008 (MPRDAA) was passed by Parliament in 2008 and became effective on 7 June 2013. Its purpose is to amend the MPRDA in order to, amongst other things:

make the Minister of Mineral Resources (Minister)and Energy (MRE Minister) the responsible authority for implementing the requirements of the National Environmental Management Act, No. 107 of 1998 (NEMA) and specific environmental legislation as they relate to prospecting, mining, exploration, production and related activities incidental thereto on the prospecting, mining, exploration or production area;
align the MPRDA with the NEMA in order to provide for one environmental management system;
remove ambiguities in certain definitions;
add functions to the Regional Mining Development and Environmental Committee;
amend transitional arrangements so as to further afford statutory protection to certain existing old order rights; and
provide for matters connected therewith.

When the MPRDAA came into effect on 7 June 2013, only selected provisions became effective immediately. The MPRDAA contains the following provisions, amongst others:

Environmental authorisations: Provides for a prohibition on any prospecting and mining, or conducting technical co-operation operations, reconnaissance operations or any incidental work without an environmental authorisation (since 7 December 2014), permit and at least 21 days’ written notice to the landowner or lawful occupier.
Historic residues: Provides that the definitions of “residue stockpile” and “residue deposit” now include an old order right. This provision is intended to make old order dumps subject to the MPRDA so that old order dumps which are part of a mining area covered by a new order mining right could only be treated by the holder of the new order rights. Old order dumps not covered by a new order mining right would be considered a residue deposit to which the MRE Minister would have discretion to grant rights.
Applications: Provides that applicants for prospecting and mining rights must (since 7 December 2014) lodge an application for an environmental authorisation simultaneously with the application for rights. The Department of Mineral Resources should no longer accept more than one application in respect of the same area and mineral.
Environmental regulation: Provides that the MRE Minister is the responsible authority for implementing environmental provisions under NEMA as it relates to prospecting, mining, exploration, production or activities incidental thereto on a prospecting, mining, exploration or production area. An environmental authorisation issued by the MRE Minister shall be a condition prior to the issuing of a permit or the granting of a right in terms of the MPRDA.
Closure certificates: Provides that previous holders of old order rights or previous owners of works that have ceased to exist remain responsible for any environmental liability until the MRE Minister issues a closure certificate.

On 27 DecemberDraft Mineral and Petroleum Resources Development Bill & Draft Upstream Petroleum Resources Development Bill

In 2012, the MRE Minister published the Draft Mineral and Petroleum Resources Development Bill, 2012 (2012 MPRDA Bill) which sought to amend the MPRDA again and, invited the mining industry and interested and affected parties to comment on it by 8 February 2013. On 21 Junein 2013, a revised version of the 2012 MPRDA Bill (2013 MPRDA Bill) was introducedsubmitted to Parliament. Following several amendments, the 2013 MPRDA Bill was eventually withdrawn by the South African government in September 2018.

On 24 December 2019, the MRE Minister published the Draft Upstream Petroleum Resources Development Bill, 2019 for public comment. This new bill provides for the upstream petroleum industry to be governed under a separate piece of legislation which does not come under the umbrella of the MPRDA. At this stage it is unclear whether the MRE Minister will submit a new bill in respect of the mineral resources industry proposing any of the amendments originally contained in the withdrawn 2013 MPRDA Bill.

Mineral and Petroleum Resources Development Regulations

On 23 April 2004, the MRE Minister published under the terms of the MPRDA the Mineral and Petroleum Resources Development Regulations in Government Gazette No. 26275 under GNR. 527 (MPRDA Regulations). On 28 November 2019, the MRE Minister published, for public comment, the Draft Amendments to the National Assembly.Mineral and Petroleum Resources Development Regulations, 2019 (Draft MPRDA Regulations). Interested and affected parties were invited to submit written representations to the Draft MPRDA Regulations within 30 days of the publication thereof. The 2013 Bill underwentproposed amendments contained in the Draft MPRDA Regulations, include, inter alia, the following:
“Interested and affected parties”: Section 10 of the MPRDA requires consultation of interested and affected parties. The MPRDA Regulations currently define “interested and affected parties” as “a natural or juristic person with a public participation processdirect interest in the proposed or existing operation or who may be affected by the proposed or existing operation”. The Draft MPRDA Regulations expand on the aforesaid definition by specifying that these include but are not limited to “host communities, landowners (traditional and extensive comments were received from the general public. Following a consultative process withtitle deed owners); traditional authority; land claimants; lawful land occupier; holder of informal land rights; the Department of Mineral Resources (DMR),Agriculture, Land Reform and Rural Development; any other person (including on adjacent and non-adjacent properties) whose socio-economic conditions may be directly affected by the State Law Advisorsproposed prospecting or mining operation; the local municipality and the general public,relevant Government Departments, agencies and institutions responsible for the Portfolio Committee on Mineral Resources (Portfolio Committee) introduced an amended versionvarious aspects of the 2013 Billenvironment and for infrastructure which may be affected by the proposed project”;
“Meaningful consultation”: Meaningful consultation envisages a consultation process where “the applicant, has in good faith engaged the landowner, lawful occupier or interested and affected party in respect of the land subject to the South African Parliament.application about the impact the prospecting or mining activities would have to his right of use of the land by availing all the information pertaining to the proposed activities enabling these parties to make an informed decision regarding the impact of the proposed activities”;

Information requirement: A new requirement is introduced requiring a mining company to provide certified copies of its right or permit in question, environmental authorisation and any relevant authorisations to landowners and lawful occupiers before commencing with operations;
The 2013 Bill seeks
Social and Labour Plans: A new requirement is introduced obliging mining companies to amendpublish Social and Labour Plans (SLP) relating to their operations in English and one other dominant official language commonly used in the mine community on the mining company’s website, in local newspaper(s), as hard copies in local libraries, municipal offices, traditional authority offices and company/mine offices within 30 days of approval. Furthermore, the availability and content of the approved SLP must be announced, where feasible, in local radio stations and in relevant news outlets;
Repeal: Regulations 47-55 and 58-60 of the MPRDA Regulations are repealed as the topics governed by these regulations have since been incorporated into NEMA and MPRDAA, to, amongst other things:

remove ambiguities;
provide for regulation of associated minerals, partitioning of rights, and enhanced provisions on mineral beneficiation;
promote national energy security;
streamline administrative processes; and
enhance sanctions.

The 2013 Bill, as currently drafted, contains, amongst others, the following provisions:Environmental Impact Assessment Regulations, 2014 (as amended);

ApplicationsDisputes: The 2013 Bill proposes revisingA process is prescribed according to which the application system by replacingRegional Manager may resolve land access and “resettlement” disputes in terms of section 54 of the "first come, first served" systemMPRDA . A procedure is also created for resolving land disputes which gives the MRE Minister or the Director-General certain powers to deal with a tendercomplicated land disputes; and allocation system. This would dramatically affect the way applications are made.
BeneficiationAppeals: The 2013 Bill extends the conceptNew procedures are proposed for lodging internal appeals in terms of beneficiation (which has been defined in the 2013 Bill as "transformation, value addition or downstream beneficiationsection 96 of a mineral or mineral product (or a combination of minerals) to a higher value product, over baselines to be determined by the Minister, which can either be consumed locally or exported") and would allow the Minister to prescribe the quantities, qualities and timelines at which certain designated commodities must be supplied to local beneficiators at a mine gate price or an agreed price. The reference to the mine gate price appears to suggest companies can recover costs, capital expenditure and make a profit. It is not clear whether the "agreed price" will have general application or whether it will be determined on a case-by-case basis. Another proposed amendment provides that written consent would have to be obtained before exporting of "designated minerals" if the producer or associated company has not offered minerals to local beneficiators. The Minister would have discretion to decide which minerals are to be designated.
Residue stockpiles: The MPRDAA's inclusion of residue deposits and residue stockpiles in the definition of land, creating a “statutory accession” of movable dumps back to the land, is discussed above. The 2013 Bill would extend this definition to include historic mines and dumps created before the implementation of the MPRDA. The 2013 Bill also seeks to make these historic dumps subject to the MPRDA by making the working of these dumps subject to a mining right issued under the MPRDA.

There is a transition period of two years to enable owners of these dumps to either apply for mining rights or incorporate them in existing mining rights.
Partitioning of rights and transfers of interests in companies: Section 11 of the MPRDA currently requires that transfer of a controlling interest in an unlisted company be consented to by the Minister. The 2013 Bill proposes amending the MPRDA so that transfer of a controlling interest in listed companies and transfer of any interest in unlisted companies must be consented to by the Minister. The 2013 Bill further proposes amending the MPRDA to allow for an application for ministerial consent to be made to transfer a part of a right.
Mine closure: The 2013 Bill provides for two major changes to mine closure under the MPRDA. Firstly, the MPRDA would be amended so that a mining company could still incur environmental liability even after obtaining a closure certificate relative to a mine. Secondly, any portion of the financial provision paid in terms of section 41 of the MPRDA may be retained by the Minister for latent and residual environmental impacts which may become known in the future for such time period as the Minister may determine, having regard to the circumstances relating to the relevant operation, which portion and time period must be determined in the prescribed manner.
Penalties: The 2013 Bill also provides for revised penalties for violations of the MPRDA by making provision for both an administrative fine not exceeding 10 per cent of the person or holder’s annual turnover and exports during the preceding year, and imprisonment not exceeding four years.
Legislative force of the Charter and Codes: The 2013 Bill proposes amending the definition of "this Act" in the MPRDA so that the MPRDA will include the Revised Mining Charter (defined below), the Code of Good Practice for the South African Mineral Industry (Code) and the Housing and Living Conditions Standard. This would give these documents the force of law.

The 2013 Bill was passed by the National Assembly on 12 March 2014 and passed by the National Council of Provinces (NCOP) on 27 March 2014. The 2013 Bill was sent to the President of the Republic of South Africa (President) for assent. On 16 January 2015, President Zuma referred the 2013 Bill back to the National Assembly to accommodate his reservations around the constitutionality of the 2013 Bill. The 2013 Bill was considered by the Portfolio Committee on Mineral Resources who tabled non-substantial revisions to the 2013 Bill, which revisions were passed by the National Assembly and referred to the NCOP on 1 November 2016. The 2013 Bill is currently being considered by the NCOP select committee on Land and Mineral Resources after undergoing a public participation process on this version of the 2013 Bill.  If the NCOP makes no further changes to the 2013 Bill, and it is sent to the current President, Cyril Ramaphosa, for assent, it is not clear if the current President will view the earlier reservations around the constitutionality of the 2013 Bill to have been addressed and whether the 2013 Bill might be referred to the Constitutional Court of South Africa for a decision on its constitutionality. If the President does assent to the 2013 Bill, either after the NCOP makes substantial changes to the 2013 Bill or not, the 2013 Bill might still be subject to constitutional challenge. President Ramaphosa announced in his State of the Nation Address on 16 February 2018 that processing of the 2013 Bill through both houses of Parliament was at an advanced stage, with an indication by Parliament that the 2013 Bill is expected to be finalised during the first quarter of 2018.

The Mining Charter

Mining Charter, 2004

The Broad-Based Socio-Economic Empowerment Charter for the South African Mining Industry, 2004 (Mining Charter, 2004) was published in August 2004. The Mining Charter, sprang from2004 was developed in terms of section 100(2)(a) of the MPRDA and also took effect on 1 May 2004. The Mining Charter, 2004 committed all stakeholders in the mining industry to transfer ownership of 26 percent of their assets to black or historically disadvantaged South Africans (HDSAs) within 10 years. The Mining Charter, 2004 also setsset targets for, amongst other things, the advancement of HDSAs into management positions, the employment of women, procurement of goods and services from HDSA-owned companies, training, community development and the upgrading of mine housing. Mining companies are required to deviseformulate plans to achieve thesethe aforementioned targets, must identify current levels of beneficiation and must indicate opportunities for growth.

The objectives of the Mining Charter, are2004 were to:

promote equitable access to the nation’s Mineral Resources by all the people of South Africa;
substantially and meaningfully expand opportunities for HDSAs, including women, to enter the mining and minerals industry and to benefit from the exploitation of the nation’s Mineral Resources;
use the industry’s existing skills base for the empowerment of HDSAs;
expand the skills base of HDSAs in order to serve the community;
promote employment and advance the social and economic welfare of mining communities and the major labour-sending areas; and
promote beneficiation of South Africa’s mineral commodities.

The Mining Charter, envisages2004 envisaged measuring progress on transformation of ownership by:

taking into account, amongst other things, attributable units of production controlled by HDSAs;
allowing flexibility by credits or offsets, so that, for example, where HDSA participation exceeds any set target in a particular operation, the excess may be offset against shortfalls in another operation;
taking into account previous empowerment deals in determining credits and offsets; and
considering special incentives to encourage the retention by HDSAs of newly acquired equity for a reasonable period.

Under the Mining Charter, 2004, the mining industry as a whole agreed to assist HDSA companies in securing finance to fund participation in an amount of ZAR 100 billion over the first five years.years of the Mining Charter, 2004 being in effect. Beyond the ZAR 100 billion commitment, HDSA participation was to be increased on a willing seller, willing buyer basis, at fair market value, where the mining companies are not at risk.

Mining Charter, 2010

Following a reviewof the DMRprogress made in the transformation of the mining industry against the Mining Charter, 2004 objectives, the DMRE amended the Mining Charter, 2004. The Amendment of the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and the Revised MiningMinerals Industry, 2010 (Mining Charter, 2010) was releasedpublished on 1320 September 2010. The requirement under the Mining Charter, for mining entities2010 retained the requirement to achieve a 26 percent HDSA ownership of mining assets by the year 2014, was retained. Amendmentsinitially introduced under the Mining Charter, 2004. It also introduced further amendments to the Mining Charter, in the Revised Mining Charter require2004 which required mining companies to:

facilitate local beneficiation of mineral commodities;
procure a minimum of 40 percent of capital goods, 70 percent of services and 50 percent of consumer goods from HDSA suppliers (i.e., suppliers in which a minimum of 25 percent + 1one vote of share capital is owned by HDSAs) by 2014, these2014. The aforesaid procurement targets being,are, however, exclusive of non-discretionary procurement expenditure;
ensure that multinational suppliers of capital goods put a minimum of 0.5 percent of their annual income generated from South African mining companies into a social development fund beginning in 2010,(effective 2010) to contribute to the socioeconomicsocio-economic development of South African communities;
achieve a minimum of 40 percent HDSA demographic representation by 2014 at executive management (board) level, senior management (EXCO) as well as in those positions requiring core and critical skills, middle management level and junior management level;
invest up to five5 percent of annual payroll in essential skills development activities; and
implement measures to improve the standards of housing and living conditions forof mineworkers by converting or upgrading mineworkers’ hostels into family units, attaining an occupancy rate of one person per room and facilitating home ownership options for all mineworkers in consultation with organised labour, all of which must be achieved by 30 April 2014.

In addition, mining companies arewere required to monitor and evaluate their compliance with the Revised Mining Charter, 2010 and must submit annual compliance reports to the DMR.DMRE.

The South African government takes a “Scorecard” approach to the different facets of promoting the objectives of the Charter. It uses the ScorecardMining Charter, 2010, e.g. when considering applications for the conversion of existing old order rights into new order rights. The Scorecard sets out the requirements of the Mining Charter, 2010 in tabular form which allows the DMRDMRE to “tick off” areas where a mining company is in compliance. It covers the following areas:

compliance, such as: human resource development;
employment equity;
migrant labour;
mine community and rural development;
housing and living conditions;
ownership and joint ventures;
beneficiation; and
reporting.

The Scorecard attached to the Revised Mining Charter, 2010 made provision for a phased-in approach for compliance with the aboveview of achieving the abovementioned targets over the five-yeara 5-year period ended on 30 April 2014. For measurement purposes, the Scorecard allocated various weightings to the different elements of the Revised Mining Charter.Charter, 2010.

Failure to comply with the provisions of the Revised Mining Charter, will amount2010 amounted to a breachcontravention of the MPRDA, which may resulthave resulted in the cancellation or suspension of AngloGold Ashanti’sa mining company’s existing mining rights and may prevent AngloGold Ashanti’sprevented its South African operations from obtaining any new mining rights. However,To date, AngloGold Ashanti has not yet received its “Scorecard” from the South African government assessingin order to assess its compliance with the requirements of the Charter.Mining Charter, 2010.

In March 2015, the MRE Minister announced that the DMRDMRE and the Chamber of Mines ofMinerals Council South Africa (Minerals Council) had jointly agreed to submit certain matters relating to the interpretation of the Revised Mining Charter, 2010 including the qualification of certain historical BBBEE transactions (defined below) for meeting the HDSA ownership thresholds, to the courts in South Africa for determination and clarification. Papers were filed by the Chamber of Mines of South AfricaMinerals Council and the DMR (the DMR/Chamber of Mines application),DMRE, but the matter was not heard in court and was subsequently postponed.

Separately, the law firm Malan Scholes launched an application challenging the constitutionality of the Mining Charter, 2004 and the Revised Mining Charter, and2010 requesting that thesethe Charters be set aside. This application was dismissed.

On 9 March 2016, AngloGold Ashanti received a notice from the DMRDMRE stating that the company was not compliant with the 26 percent HDSA ownership requirement. The notice directed the company to remedy the non-compliance within 60 days. Failure to comply with the order could constitute an offence under the MPRDA and as such, could negatively impact AGA’s “Scorecard” assessment. On 14 March 2016, AngloGold Ashanti timely responded to the non-compliance notice. The DMRDMRE provided no further response and, consequentially, the notice has lapsed.

Mining Charter, 2017

On 15 June 2017, the MRE Minister gazetted the Broad-Based Black Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2017 (2017 Charter)(Mining Charter, 2017), which came into effect on the same day (Reviewed Mining Charter).day. The Reviewed Mining Charter, seeks2017 sought to align the Revised Mining Charter, 2010 with the Broad-Based Black Economic Empowerment Act, No. 53 of 2003, in order to ensure meaningful participation of black people in the mining industry and to provide for policy and regulatory certainty to ease the investment

in and the development of the mining industry. The Chamber of MinesMinerals Council launched an urgent application to interdict the implementation of the Reviewed Mining Charter, 2017 and set it aside. The DMRDMRE filed papers in court and the urgent application was due to be heard in court on 14 September 2017. However,Notwithstanding the aforesaid urgent application in court, the MRE Minister and the Chamber of MinesMinerals Council reached an agreement on 13 September 2017 wherein the MRE Minister undertook to suspend the Mining Charter, 2017 Charter pending the outcome of DMR/Chamber of Minesthe DMRE/Minerals Council application.

The DMR/Chamber of MinesDMRE/Minerals Council application was heard on 9 and 10 November 2017 and judgment was handed down on 4 April 2018. The High Court of South Africa held that:

Once the MRE Minister or his delegate is satisfied in terms of section 23(1)(h) of the MPRDA that the grant of a mining right (applied for in terms of section 22 of the MPRDA) will further the objects referred to in section 2(d) and (f) of the MPRDA (in accordance with the Charter referred to in section 100) and has granted the mining right applied for, the holder thereof is not thereafter legally obliged to restore the percentage ownership (howsoever measured, inter alia, wholly or partially by attributable units of South African production) controlled by HDSAs to the 26 percent target referred to in the Mining Charter, 2004 and the Mining Charter, 2010 , where such percentage falls below 26 percent, unless such obligation is specified in the terms and conditions of the mining right, as referred to in section 23(6) of the MPRDA;
The holder of a mining right’s failure to meet the 26 percent ownership target (either in terms of the Mining Charter, 2004 or the Mining Charter, 2010) does not amount to a material breach of the mining right for the purposes of section 47 of the MPRDA (i.e. failure to meet the 26 percent HDSA ownership target will not be a ground for suspension or cancellation of the mining right) nor does it constitute an offence in terms of section 98 of the MPRDA. This, however, does not apply where the terms and conditions of the right itself have stipulated that the 26 percent HDSA ownership must be retained;
If the 26 percent HDSA ownership participation has, for any reason, been diluted to a lesser percentage, there is no obligation to rectify such lower level once the holder of the mining right has initially achieved the 26 percent HDSA ownership participation requirement. This does not apply where the terms and conditions of the right itself have stipulated that the 26 percent HDSA ownership must be retained;

The Mining Charter, 2010 does not retrospectively deprive holders of mining rights of the benefits of credit offsets; the continuing consequences of empowerment transactions concluded after the MPRDA came into effect; and the right to off-set credits achieved in one operation against any shortfalls encountered in another operation; and
While it did not make any pronouncements on the validity of the Mining Charter, 2010, this should not be taken as a confirmation that the Mining Charter, 2010 was validly issued in terms of section 100(2) of the MPRDA or that “it is the charter contemplated in section 100” of the MPRDA.

On 19 April 2018, the DMRE filed a notice of intention to appeal the High Court judgment. Such notice was granted on 19 September 2019 entitling the DMRE to file an appeal at the Supreme Court of Appeal. Notwithstanding the repeal of the Mining Charter, 2017 by the adoption of the Mining Charter, 2018 (defined below), the findings of the High Court judgment remain relevant to mining right holders and these findings will be the subject of the pending appeal before the Supreme Court of Appeal which has not yet been progressed.

Mining Charter, 2018

On 27 September 2018, the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter, 2018) was published and became effective on the same date. The Mining Charter, 2018 repeals the Mining Charter, 2004; the Mining Charter, 2010; and the Mining Charter, 2017. The Mining Charter, 2018 stipulates that it is to be read together with implementation guidelines, gazetted on 19 December 2018. On 26 March 2019, the Minerals Council filed an application for judicial review to set toaside certain provisions of the Mining Charter, 2018. It is not clear when the matter will be heard in Februarycourt.

Some of the key provisions of the Mining Charter, 2018 include:
Existing mining right holders who have achieved the 26 percent HDSA ownership target shall be recognized as compliant for the duration of the mining right. However, the “the once empowered always empowered” principle shall not be applicable on the transfer or renewal of the mining right.;
An application, which was lodged and accepted prior to the commencement of the Mining Charter, 2018 shall be processed in terms of the Mining Charter, 2010 with a minimum of 26 percent HDSA ownership. The right holder must within a period of five years from the effective date of such mining right, increase its HDSA ownership to a minimum of 30 percent;
A new mining right must have a minimum of 30 percent HDSA ownership, which shall include economic interest plus corresponding percentage of voting rights per mining right or in the mining company which holds a mining right. The 30 percent HDSA ownership must be distributed as follows:
a minimum of 5 percent non-transferable carried interest to qualifying employees;
a minimum of 5 percent non-transferable carried interest or “equity equivalent benefit” to host communities; and
a minimum of 20 percent effective ownership in the form of shares to a BEE entrepreneur, 5 percent of which must preferably be for women;
The Mining Charter, 2018 reduced the offset available for beneficiation from 11 percent to 5 percent, but has now been postponed indefinitely on the basis that existing mining right holders, who qualified for the Chamberprevious offset, would be allowed to retain it for the duration of Mines has entered intothe right. Right holders must submit a new round of negotiationsBeneficiation Equity Equivalent Plan (as outlined in implementation guidelines) to the DMRE for approval. Further, mining right holders must submit an annual progress report to the DMRE, which report must be in line with the DMR, facilitated by President Ramaphosa.approved Beneficiation Equity Equivalent Plan;

InMining companies must have Historically Disadvantaged Persons (as defined in the event that these negotiations are unsuccessfulMPRDA) representation at various levels of the company, i.e. board 50 percent (20 percent women); executive management 50 percent (20 percent women); senior management 60 percent (25 percent women); middle management 60 percent (25 percent women); junior management 70 percent (30 percent women) and the court upholds the Reviewed Mining Charter in its current form, existing and new holdersa minimum 1.5 percent of all employees must be employees with disabilities. A period of five years is provided for mining rights will needcompanies to complyalign with the requirements stipulated therein. Below are requirements introduced byemployment equity targets and a 5-year plan indicating progressive implementation of the Reviewed Mining Charter:

The Reviewed Mining Charter introducesprovisions of the new definition of “Black Person” which it defines as a generic term to mean Africans, Coloured and Indians who are citizens of South Africa by birth or decent; or who became citizens by naturalisation before 27 April 1994 or on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prioremployment equity targets must be submitted to the date; and juristic persons managed and controlled by Black Persons who collectively or as a group own and control all issued share capital or members’ interest and are able to control the majority of the members’ vote.
South African mining companies who held prospecting rights and mining rights prior to the coming into effect of the Reviewed Mining Charter must top up their Black Person shareholdingDMRE within 126 months of the coming into effectpublication of the Reviewed Mining Charter, by four percent in order to achieve 30 percent Black Person (or company) shareholding, to enable meaningful economic participation of black people in the industry.2018;
New applicants for mining rights must meet the 30 percent ownership by Black Persons threshold whereby the empowerment partner holding 14 percent ownership, and the community trusts and employee ownership schemes holding 8 percent each.
New applicants for prospecting rights must be Black-owned entities (50 percent +1 vote Black person shareholding).
The 30 percent Black Person shareholding requirement may be offset by a maximum of 11 percent against its contribution and financial investment in beneficiation in South Africa, subject to certain requirements.
Mining companies must procureprocurement targets have been introduced. 70 percent of total mining goods (which includes capitalprocurement spend must be on South African manufactured goods. South African manufactured goods are defined as goods with a minimum of 60 percent local content during the assembly or manufacturing of the product in South Africa. The calculation of local content excludes profit mark-up, intangible value such as brand value and consumer goods),overheads. A minimum of 80 percent of the total spend on services and 70 percent of consumables goodsmust be sourced from South African Black-owned entities (50 percent + one vote Black Person shareholding).
Non-South African suppliers of capital goods must annually contribute one percent of their annual income generated from local mining companies towards the Mining Transformation and Development Agency (to be established).
Holders of mining rights must employ South African based companies to analyse all mineral samples across the mining value chain and may only use non-South African companies with consent from the Minister.
Mining companies must achieve a minimum representation of Black People in the following management positions: 50 percent on the Board of directors (25 percent of which must be Black women), 50 percent in executive (25 percent of which must be black women), 60 percent in senior management (30 percent of which must be black women); 75 percent in middle level (38 percent of which must be black women); 88 percent in junior level (44 percent of which must be black women) and 60 percent in core and critical skills. In addition; Black People with disabilities must constitute three percent of all employees.
The mining industry must continue to invest up to five percent of its leviable amount (meaning the amount an employer pays to an employee during any month to determine the employer’s liability for employee tax) in skills development activities. two percent of such investment must be paid towards the Mining Transformation and Development Agency.
One percent of the annual turnover of mining companies who apply for mining rights after the Reviewed Mining Charter comes into effect must be given the BEE shareholders over and above any distributions to the shareholders of that company.companies. The transitional arrangement period in which mining companies must complyfor compliance with the procurement related provisions Reviewed Mining Chartertargets is three years, with the possibility of requesting a further twofive years from the DMR to achieve compliance.

publication of the Mining Charter, 2018; and
The Reviewed Mining Charter, states that requirements2018 provides for ownership, mine community development and human resource development are ring-fenced and require 100 percent compliance at all times.

In addition, mining entities with permits /the specific application of certain of the elements of the Mining Charter, 2018 to holders of licences granted under the Precious Metals Act, No. 37 of 2005 and the Diamonds Act, No. 56 of 1986 with variations and exemptions depending on the size of the licence holder. For example, enterprises with a turnover of less than ZAR 1 million are exempt from the Mining Charter, 2018 in its entirety. Enterprises with a turnover of more than ZAR 50 million must comply with following requirements/targetsthe Mining Charter, 2018 in its entirety.

On 25 February 2019, AngloGold Ashanti received a directive from the DMRE stating that the company was not compliant with the amendment process required by the MPRDA in connection with BEE transactions entered into by the company after the conversion of the Reviewed Mining Charter:West Wits mining rights. The DMRE instructed AngloGold Ashanti to submit an application to amend the clauses of two of its West Wits mining rights which record the BEE transactions entered into and implemented by the company to reflect further details of those BEE transactions and provide certain information relating to such transactions. On 7 March 2019, AngloGold Ashanti
exempted micro enterprises must
submitted an application for consent of the MRE Minister to amend the clauses of the two West Wits mining rights which record the BEE transactions entered into and implemented by the company accordingly and provided the requested information.  The DMRE has not reverted to AngloGold Ashanti on the submitted application which remains pending. Should AngloGold Ashanti be found in breach of its obligations to comply with sustainable development and growth of the MPRDA or the applicable mining industry targets;
small enterprises mustcharter, it may be compelled to conclude additional BEE transactions. In the event that AngloGold Ashanti applies for a new mining right, it will have to comply with employment equity, human resource development, procurement/supplierthe Mining Charter, 2018 ownership requirements and sustainable development targets; and
medium and large entities must comply withit will not be entitled to rely on its current BEE ownership employment equity, human resource development, procurement/ supplier and sustainable development targets.structure.

The Code of Good Practice for the Minerals Industry

Section 100(1)(b) of the MPRDA obliged the MRE Minister to develop a code of good practice for the South African minerals industry. Onindustry (Code) which was published on 29 April 2009, the Minister published a Code pursuant to section 100(1)(b) of the MPRDA.2009. The Code is a guiding document and its purpose is to set out administrative principles to enhance implementation of the Mining Charter, 2004 (including later iterations thereof) and the MPRDA. The Code is to be read in combination with the Mining Charter, 2004 (including later iterations thereof) and other legislation relating to measurement of socio-economic transformation in the South African mining industry. The Code does not replace the Mining Charter, 2004 (including later iterations thereof), nor any key legislation and laws relating to the minerals and the petroleum industry, but serves as a statement of policy and principles that assists in the implementation of both the MPRDA and the Charter. The Reviewed Mining Charter, proposes the repeal of paragraph 3 of the Code which provides for application of the Code of Good Practice for permits/licences granted under the Precious Metals Act, 2005, and the Diamonds Act, 1986.

Environmental laws relating to mining and prospecting

The MPRDAA repealed the sections in the MPRDA that dealt with environmental regulation of mining and prospecting operations. This was the first step in migrating the environmental regulation provisions from the MPRDA into NEMA. NEMA was then amended by the National Environmental Management Amendment Actno. 62 of 2008 and then again by the National Environmental Management Laws Amendment Act 25 of 2014, and now includes provisions to deal with environmental regulation of mining and prospecting which provisions are administered by the Minister of Mineral Resources. In addition, The Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations were published in the government gazette on 20 November 2015 under GNR 1147 Notice 39425 (Financial Provision Regulations, 2015), and now fall under NEMA.2004 (including later iterations thereof).

The Financial Provision Regulations are similar to the previous provisions under the MPRDA, some of the significant changes are set forth below:

broadening the definition of “financial provision” to require making financial provision for the adverse impacts that might arise from operations rather than only those listed in the environmental management plan (EMP), as was previously the case;
requiring the holder to annually assess environmental liabilityHousing and adjust the financial provision to the satisfaction of the Minister of Mineral Resources;
requiring the holder to submit an audit report to the Minister of Mineral Resources on the adequacy of the financial provision from an independent auditor. If the Minister of Mineral Resources is not satisfied with the assessment, he is entitled to appoint his own auditor;
requiring that a holder maintain and retain financial provision notwithstanding the issuance of a closure certificate. Furthermore, the Minister may retain such portion of the financial provision as may be required to rehabilitate the closed mining or prospecting operation in respect of latent, residual or any other environmental impacts, including the pumping of polluted or extraneous water, for a prescribed period. This is not only in respect of holders of rights, but also now in respect of holders of old order rights and holders of works;
before the coming in to effect of the Financial Provision Regulations, 2015 holders could make financial provision for annual rehabilitation, final rehabilitation and post-closure residual impacts and water pumping by adding up the total amount for these three types of rehabilitation and making financial provision in one go using one or a mix of four methods: depositing cash in to the DMR bank account, keeping the amount in a rehabilitation trust in accordance with the Income Tax Act, 1962, obtaining a financial guarantee or a bank guarantee in respect of the amount, or using a method determined by the Director-General (this was not common in practice). Under the Financial Provision Regulations, 2015 if the holder wishes to use a rehabilitation trust in accordance with the Income Tax Act, 1962, the amount in the trust can only relate to financial provision for post-closure residual impacts and water pumping. Holders can no longer make financial provision for annual and final closure through a trust fund;
a holder’s financial provision must be equal to the sum of actual costs of implementing all three broad classes of rehabilitation for at least 10 years; and
the financial provision liability associated with annual rehabilitation, final closure or latent or residual environmental impacts may not be deferred against assets at mine closure or mine infrastructure salvage value.

Failure to realign to the Financial Provision Regulations constitutes non-compliance with section 24P of NEMA, which would entitle the DMR to issue a directive and failure to comply with the directive is an offence under section 49A(g) of NEMA. A person convicted of an offence under section 49A(g) of NEMA is liable to a fine not exceeding ZAR10 million or to imprisonment for a period not exceeding 10 years, or to both.

The mining industry has raised concerns with the Financial Provision Regulations, 2015 including

confusion regarding the applicability of the Financial Provision Regulations, 2015 to applicants and to previous holders;
duplicate funding or double provisioning;
unclear methods and periods for determining financial provision;
legal barriers to use of trust funds;
burdensome public consultation and disclosure requirements;
transitional provisions and time frames:
requirements for an additional 3 (three) plans;
over-auditing - time and cost implications; and
inclusion of care and maintenance.Living Conditions Standard

On 26 October 2016, proposed Amendments20 March 2019, the MRE Minister published the draft Reviewed Housing and Living Conditions Standard for the Minerals Industry, 2019 (Draft Reviewed Housing Standard) in the Government Gazette No. 42326 under GNR. 449 inviting interested and affected parties to submit written representations on the Financial Provision Regulations, 2015 were published for comment.draft within 30 days of the publication of the notice. The Draft Reviewed Housing Standard proposes, among other things, that:
An existing mining industry has been engagingright holder must within a period of 6 months from the date of publication of the Draft Reviewed Housing Standard submit a detailed Housing and Living Conditions Plan;
A new mining right holder must within a period of 12 months from the date of publication of the Draft Reviewed Housing Standard consult with organized labour, the relevant municipality and the Department of Environmental AffairsHuman Settlements and enter into a housing and living conditions agreement with organized labour regarding the New Financial Provision Regulationsits mine employee housing and the proposed Amendments. A revised version of the Financial Provision Regulations was published in November 2017, with a revised compliance deadline of February 2019.

Pursuant to section 24N(8) of NEMA, directors of a company are jointly and severally liable for any negative impact on the environment, whether advertently or inadvertently caused by the company they represent, including damage, degradation and pollution.


See also “Item 4B: Business Overview-Mine Site Rehabilitation and Closure” and “Item 4B: Business Overview-Environmental, Health and Safety Matters”.

AngloGold Ashanti’s rights and permits

living conditions needs;
A mining right holder will be grantedrequired after consultation with other stakeholders to a successful applicant for a period not exceeding 30 years. Mining rights may be renewed for additional periods not exceeding 30 years at a time. acquire land within close proximity of the mine operations and plan housing needs in support of compact, integrated and mixed land use environment; and
A mining right can be cancelled if the mineral toholder must offer employees a range of housing options which such mining right relates is not mined at an “optimal” rate.include, amongst other things, rental accommodation, home ownership, government led social housing and living out allowance.

AngloGold Ashanti holds sevenDraft Mine Community Resettlement Guidelines

On 4 December 2019, the MRE Minister published the Draft Mine Community Resettlement Guidelines, 2019 (Draft Resettlement Guidelines) for public comment in the Government Gazette No. 42884 under GNR. 1566. The closing date for submission of written representations was 31 January 2020. Some of the key provisions of the Draft Guidelines include the following:
The Draft Resettlement Guidelines apply to both applicants (Applicants) and existing holders (Holders) of mining rights, prospecting rights and mining permits in South Africa (threeterms of the MPRDA where prospecting or mining activities will have the effect of displacement or resettlement of the interested and affected parties (as defined in West Witsthe Draft Resettlement Guidelines meaning any person, group of persons, or organization interested in or affected by a resettlement activity and fourany organ of state that may have jurisdiction over any aspect of the resettlement activity);
Applicants and Holders are required to make provision for development of a Resettlement Plan, Resettlement Action Plan and Resettlement Agreement; and
No mining activity shall commence until a Resettlement Agreement is reached on the appropriate amount of compensation as a result of the resettlement of the affected parties. An Applicant/Holder, where feasible, must provide financial assistance to affected parties. A “Party to Party dispute resolution process” must be invoked prior to embarking on the Regional Manager-led process in Vaal River) which have been successfully converted, executed and registered as new order mining rights atsection 54 of the Mineral and Petroleum Titles Registration Office (MPTRO).MPRDA.

A prospecting right will be granted to a successful applicant for a period not exceeding five years, and may only be renewed once for three years. The MPRDA also provides for a retention period of up to three years after prospecting, with one renewal up to two years, subject to certain conditions.

AngloGold Ashanti holds one prospecting right in Vaal River.

AngloGold Ashanti also holds a mining permit for the recovery of sand and clay in West Wits, which has been renewed until 22 March 2017. AngloGold Ashanti is in the process of renewing this permit.

AngloGold Ashanti holds a refining licence and an import and export permit from the South African Diamond and Precious Metals Regulator.

The BBBEE Amendment Act

TheOn 23 January 2014, the President of South Africa assented to the BBBEEBroad-Based Black Economic Empowerment Amendment Act, on 23 January 2014.No. 46 of 2013 (BBBEE Amendment Act). The BBBEE Amendment Act came into effect on 24 October 2014 with the object of amending the Broad-basedBroad-Based Black Economic Empowerment, Act 53 of 2003 (BBBEE Act) to provide a framework of principles, strategies and guidelines aimed at promoting the broad-based socio-economic empowerment of HDSAs across the South African economy and society in the form of ownership, management, employment equity, skills development, preferential procurement, enterprise development and socio-economic development. The BBBEE Amendment Act includes a number of changes to the framework under the BBBEE Act, including:

amending and clarifying the definition of the intended beneficiaries of such framework;
amending the definition of “Broad-Based Black Economic Empowerment”, or BBBEE,“BBBEE”, to introduce the concept of viable BBBEE and providing standards for that preferential procurement;

expanding the scope of the BBBEE Codes of Good Practice (BBBEE Codes), and the related transformation charters, on BBBEE matters that the Minister of Trade and Industry can issue under the BBBEE Act for specific sectors of the South African economy and making it compulsory for public authorities, governmental agencies and other public entities to apply such codes (Sector Codes);
introducing into the BBBEE Act itself the definition of fronting“fronting BBBEE practices,practices” (i.e. a transaction, arrangement or other act or conduct that directly or indirectly undermines or frustrates the achievement of the objectives of the BBBEE Act or the implementation of any of its provisions), which to date has been developed outside of the BBBEE Act and has now been expanded expanded:
to capture the more sophisticated and unsuspecting fronting transactions, transactions;
making fronting a criminal offense that is punishable with imprisonment and fines under certain circumstances, reasserting in the BBBEE Act the common law remedies for misrepresentation and more generally enhancing the enforcement mechanism against fronting;
establishing a BBBEE Commission responsible for overseeing, supervising and promoting compliance with the BBBEE Act, as well as receiving and investigating BBBEE-related complaints; and
providing that the Department of Trade and Industry (DTI) may impose special requirements for specific industries.

Before the BBBEE Amendment Act came into effect, the BBBEE Act provided that in the event of a conflict between the BBBEE Act and any other law in force immediately prior to the commencement of the BBBEE Act, the BBBEE Act would prevail if the conflict specifically relates to a matter addressed in the BBBEE Act. The BBBEE Amendment Act inserted a new provision in the BBBEE Act whereby the BBBEE Act trumps the provisions of any other law in South Africa with which it conflicts, provided such conflicting law was in force immediately prior to the effective date of the BBBEE Amendment Act. The provision became effective as from 24 October 2016.

On 27 October 2015, the Minister for Trade and Industry published Government Notice 1047 of Government Gazette No. 39350, which declared an exemption in favour of the DMRDMRE from applying the requirements contained in section 10(1) of the BBBEE Act for a period of 12 months. The exemption can be read as confirmation that the DTI sees the BBBEE Codes as “applicable” to the Mining Industrymining industry after the exemption is lifted on 27 October 2016.

Additionally, the revised BBBEE Codes of Good Practice (Revised BEE Codes) became effective on 011 May 2015. Both the BBBEE Amendment Act and the Revised BEE Codes expressly stipulate that where an economic sector in South Africa has a Sector Code in place for BEE purposes, companies in that sector must comply with the Sector Code. For purposes of the BBBEE Act, none of the Revisedmining charters referred to above (i.e. Mining Charter, is not a2004; Mining Charter, 2010; Mining Charter, 2017 or Mining Charter, 2018) are Sector Code.Codes. It is not, at this stage, clear what the interplay between the Revised Mining Charterapplicable mining charter and the BBBEE Act and Revised BEE Codes is. The government maycould designate the Revised Mining Charterapplicable mining charter as a Sector Code in the future, in which case it would be under the auspices of the BBBEE Act, but it has not chosen to do so with respect to the Mining Charter, 2010 in its government gazetteGovernment Gazette notice of 17 February 2016.2016 which designated, for example, the tourism sector code and property sector code as applicable and valid Sector Codes. Until such determination is made, if at all, the Revised Mining Charterapplicable mining charter remains a stand-alone document under

the auspices of the MPRDA and may become subject to the trumping provision discussed above. ThisThe resulting legal uncertainty mightcould be resolved eitheraddressed by governmenta clarification in this regardfrom the government or by the matter receiving judicial attention.

The RoyaltyHistorically, there has been some debate as to whether the BBBEE Act and the BBBEE Codes apply to the mining industry, taking into account that the BBBEE Act requires every organ of state and public entity to give due consideration to the BBBEE Codes when issuing licenses, concession or other authorisations.

The MineralWhile the MPRDA and Petroleum Resources Royaltythe BBBEE Act 2008, orhave an overlapping focus, the RoyaltyBBBEE Act was promulgated on 24 November 2008 and came into operation on 1 March 2010. The Royalty Act imposes a royalty on refined and unrefined minerals payablethe Revised BEE Codes do not require the DMRE to apply the state.

The royalty in respectRevised BEE Codes when determining the qualification criteria for the issuing of refined minerals (which include gold and silver) is calculated by dividing earnings before interest and taxes, or EBIT, as calculated under IFRS, bymining rights, nor do they require that the product of 12.5 times gross revenue calculatedDMRE apply the Revised BEE Codes as a percentage, plus an additional 0.5 percent. EBIT refers to taxable mining income (with certain exceptions such as no deductionrequirement for interest payable and foreign exchange losses) before assessed losses but after capital expenditure. A maximum royalty of five percent of revenue has been introduced for refined minerals.

The royalty in respect of unrefined minerals (which include uranium) is calculated by dividing EBIT by the product of nine times gross revenue calculated as a percentage, plus an additional 0.5 percent. A maximum royalty of 7 percent of revenue was introduced for unrefined minerals. Where unrefined Mineral Resource (such as uranium) constitute less than 10 percent in value of the total composite Mineral Resource, the royalty rate in respect of refined Mineral Resource may be used for all gross sales and a separate calculation of EBIT for each class of Mineral Resource is not required. For AngloGold Ashanti, this means that currently the company will pay a royalty based on refined Mineral Resource (as the unrefined Mineral Resource (such as uranium) for AngloGold Ashanti for 2016 constituted less than 10 percent in value of the total composite Mineral Resource). The rate of royalty tax payable for 2016 was 0.50 percent of revenue of the company’s South African operations.

The President appointed the Davis Tax Committee (DTC) to review the current mining tax regime.  In the Second and Final Report on Hard Rock Mining, a DTC report released in November 2017, the DTC recommended an update and refinement of the schedules in the Royalty, suggesting it should form part of regulations made by the Minister in the government gazette rather than forming part of the legislation itself. The DTC called upon the South African Revenue Service to issue a comprehensive interpretation notice on the Royalty Act to dispel industry uncertainty.

Some of the other preliminary recommendations of the committee have included the upfront capital expenditure write-off regime being discontinued and replaced with an accelerated capital expenditure depreciation regime, which is in parity with the write-off periods provided for in respect of the manufacturing (40/20/20/20) basis. Another recommendation has been to bring the taxation of newly established gold mines into line with the tax regime applicable to non-gold mining taxpayers (in so far as possible). The committee has recommended that the so called “gold formula” be retained for existing gold mines. Given the retention of existing mining rights. The Revised BEE Codes will nevertheless apply to mining companies if they wish to be scored for the gold formula for existing gold mines, it will be necessary to retain ring fences in mines where the gold formula subsists. With regard to the additional capital allowances available to gold mines, the committee has recommended that such allowances should be phased out so as to bring the gold mining corporate income tax regime into paritypurpose of contracting with the tax system applicable to taxpayers as a whole.organs of state.

Land Expropriation

Constitutional Amendment Bill

On 27 February 2018, the National Assembly resolved to assign the Constitutional Review Committee (CRC) to review section 25 of the Constitution of the Republic of South Africa (Constitution) and other clauses where necessary to allow the state to expropriate land in the public interest without compensation. The CRC has been given until 30 August 2018 to report back to the National Assembly. This resolution follows the African National Congress’s (ANC) resolution at its elective conference in December 2017 to pursue expropriation of land without compensation in a manner that does not destabilise the agricultural sector, endanger food security or undermine economic growth and job creation. It is unclear at this stage what recommendationsIn its report dated 15 November 2018, which was adopted by Parliament on 4 December 2018, the CRC willrecommended that section 25 of the Constitution be amended to make in its report or how the proposedexplicit that expropriation of land without compensation will affect AngloGold Ashanti’s operations.is a legitimate option for land reform. As a result, the draft Constitution Eighteenth Amendment Bill, 2019 (Constitutional Amendment Bill) was published for public comment on 6 December 2019. The Constitutional Amendment Bill proposes that where land and any improvements thereon are expropriated for the purposes of land reform, nil compensation may be payable. The Constitutional Amendment Bill does not specify the circumstances in which a court may determine that the amount of compensation is nil, but states that national legislation must set out such circumstances.


Draft Expropriation Bill

Separately, the Draft Expropriation Bill, 2019 (Expropriation Bill) was published for public comment on 21 December 2018. The Expropriation Bill proposed the inclusion of a provision in the Constitution to the effect that it may be just and equitable for nil compensation to be paid where land is expropriated in the public interest. The Expropriation Bill has not been progressed.

MPRDA provisions

Section 5(3) of the MPRDA entrenches a statutory right of access for the mining right holder to the mining area for the purposes of conducting mining operations and does not require the mining right holder to own the land on which it conducts operations. Once a mining right is granted, the landowner has no right to refuse the conducting of mining operations on the property in question and is not entitled to compensation from the mining right holder for the use of the land for mining operations conducted in terms of the MPRDA. The DMRE may, in terms of section 54(3) of the MPRDA, request the parties concerned to endeavour to reach an agreement for the payment of compensation for loss or damage if the DMRE concludes that the landowner has suffered or is likely to suffer loss or damage as a result of the mining operations. Section 55 of the MPRDA further provides the MRE Minister with powers to expropriate the land in question for purposes of mining.

Tax laws relating to mining

The Royalty Act

The Mineral and Petroleum Resources Royalty Act, No. 28 of 2008 (Royalty Act) was promulgated on 24 November 2008 and came into operation on 1 March 2010. The Royalty Act imposes a royalty on refined and unrefined minerals payable to the state.

The royalty in respect of refined minerals (which include gold and silver) is calculated by dividing earnings before interest and taxes (EBIT) as determined by the Royalty Act, by the product of 12.5 times gross revenue calculated as a percentage, plus an additional 0.5 percent. EBIT refers to taxable mining income (with certain exceptions such as no deduction for interest payable and foreign exchange losses) before assessed losses but after capital expenditure. A maximum royalty of 5 percent of gross revenue has been introduced for refined minerals.

The royalty in respect of unrefined minerals (which include uranium) is calculated by dividing EBIT by the product of nine times gross revenue calculated as a percentage, plus an additional 0.5 percent. A maximum royalty of 7 percent of gross revenue was introduced for unrefined minerals. Where unrefined minerals (such as uranium) constitute less than 10 percent in value of the total composite minerals, the royalty rate in respect of refined minerals may be used for all gross revenue and a separate calculation of EBIT for each class of minerals is not required. For AngloGold Ashanti, this means that currently the company will pay a royalty based on refined minerals (as the unrefined minerals (such as uranium) for AngloGold Ashanti for 2019 constituted less than 10 percent in value of the total composite minerals). The rate of royalty tax payable for 2019 was 0.5 percent of gross revenue of the company’s South African operations.

In 2013, the President appointed the Davis Tax Committee to review the current mining tax regime.  In the Second and Final Report on Hard Rock Mining released in November 2017, the Davis Tax Committee recommended an update and refinement of the schedules in the Royalty Act, suggesting it should form part of regulations made by the Minister of Finance in the Government Gazette rather than forming part of the legislation itself. The Davis Tax Committee called upon the South African Revenue Service (SARS) to issue a comprehensive interpretation notice on the Royalty Act to dispel industry uncertainty.

Some of the other preliminary recommendations of the Davis Tax Committee have included the upfront capital expenditure write-off regime being discontinued and replaced with an accelerated capital expenditure depreciation regime, which is in parity with the write-off periods provided for in respect of the manufacturing (40/20/20/20) basis. Another recommendation has been to bring the taxation of newly established gold mines into line with the tax regime applicable to non-gold mining taxpayers (in so far as possible). The Davis Tax Committee has recommended that the so called “gold formula” be retained for existing gold mines. Given the retention of the gold formula for existing gold mines, it will be necessary to retain ring-fences in mines where the gold formula subsists. With regard to the additional capital allowances available to gold mines, the Davis Tax Committee has recommended that such allowances should be phased out so as to bring the gold mining corporate income tax regime into parity with the tax system applicable to taxpayers as a whole.

Environmental laws relating to mining

National Environmental Management Act

The MPRDAA repealed the sections in the MPRDA that dealt with environmental regulation of mining and prospecting operations. This was the first step in migrating environmental regulation provisions from the MPRDA into National Environmental Management Act, No. 107 of 1998 (NEMA). NEMA was then amended by the National Environmental Management Amendment Act, No. 62 of2008 and then again by the National Environmental Management Laws Amendment Act, No. 25 of 2014, and now includes provisions to deal with environmental regulation of mining and prospecting which provisions are administered by the MRE Minister.


Pursuant to section 24N(8) of NEMA, directors of a company are jointly and severally liable for any negative impact on the environment, whether advertently or inadvertently caused by the company they represent, including damage, degradation and pollution.

See also “Item 4B: Business Overview-Mine Site Rehabilitation and Closure” and “Item 4B: Business Overview-Environmental, Health and Safety Matters”.

Financial Provision Regulations

On 20 November 2015, the Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations were published in the Government Gazette No. 39425 under GNR. 1147 (Financial Provision Regulations, 2015), and now fall under NEMA. The Financial Provision Regulations, 2015 are similar to the previous provisions under the MPRDA. However, the mining industry believes some of the significant changes introduced by the Financial Provision Regulations, 2015 include:
broader definition of “financial provision” requires the holder to make financial provisions for any adverse impacts that might arise from mining operations and is not limited to those identified in the environmental management plan (EMP), as was previously the case;
requiring the holder to annually assess environmental liability estimates and adjust the financial provision to the satisfaction of the MRE Minister;
requiring the holder to submit an audit report from an independent auditor to the MRE Minister on the adequacy of the holder’s financial provision. If the MRE Minister is not satisfied with the assessment, he is entitled to appoint his own auditor;
requiring that a holder maintain and retain a financial provision following the issuance of a closure certificate. Furthermore, the MRE Minister may retain such portion of the financial provision as may be required to rehabilitate the closed mining or prospecting operation in respect of latent, residual or any other environmental impacts, including the pumping of polluted or excess water, for a prescribed period. This is not only in respect of holders of rights, but also now in respect of holders of old order rights and holders of works;
before the coming into effect of the Financial Provision Regulations, 2015, holders could make financial provision for annual rehabilitation, final rehabilitation and post-closure residual impacts and water pumping by adding up the total amount for these three types of rehabilitation and making financial provision for the same using one or a mix of four methods:
depositing cash in to the DMRE bank account;
keeping the amount in a rehabilitation trust in accordance with the Income Tax Act, No. 58 of 1962 (the amount in the trust can only relate to financial provision for post-closure residual impacts and water pumping and not for annual and final closure);
obtaining a financial guarantee or a bank guarantee in respect of the amount; or
using a method determined by the Director-General (uncommon in practice).
a holder’s financial provision at any given time must be equal to the sum of actual costs of implementing all three broad classes of rehabilitation for at least 10 years from such date of assessment of financial provision; and
the financial provision liability associated with annual rehabilitation, final closure and latent or residual environmental impacts may not be discounted based on value of the assets at mine closure or mine infrastructure salvage value.

Failure to align to the Financial Provision Regulations, 2015 constitutes non-compliance with section 24P of NEMA, which entitles the DMRE to issue a directive to remedy such non-compliance and failure to comply with the directive is an offence under section 49A(g) of NEMA. A person convicted of an offence under section 49A(g) of NEMA is liable to a fine not exceeding ZAR 10 million and/or to imprisonment for a period not exceeding 10 years.

The mining industry has raised concerns with the Financial Provision Regulations, 2015, in particular with respect to: confusion regarding the applicability of the Financial Provision Regulations, 2015 to applicants and to previous rights holders; duplicate funding or double provisioning; unclear methods and periods for determining financial provision; legal barriers to use of trust funds; burdensome public consultation and disclosure requirements; transitional provisions and time frames; requirements for an additional three plans; over-auditing, time and cost implications; and inclusion of care and maintenance.

On 21 September 2018, the Acting Minister of Environmental Affairs published a series of amendments to the Financial Provision Regulations, 2015 which included, among other things, the repeal of prior amendments and the extension of the deadline for compliance to 19 February 2020.

On 17 January 2020, the Minister of Environment, Forestry and Fisheries published another amendment to the Financial Provision Regulations, 2015. This amendment extended the transitional period for certain existing rights and permit holders until 19 June 2021.

Proposed Financial Provision Regulations

In May 2019, the South African Proposed Regulations Pertaining to the Financial Provision for the Rehabilitation and Remediation of Environmental Damage caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations, 2019 (Proposed Financial Provision Regulations, 2019) were released for public comment.


The Proposed Financial Provision Regulations, 2019 provide that holders of prospecting rights and mining rights or permits, who applied for the right or permit prior to 20 November 2015, will be required to comply with the new regulations no later than three months following the first financial year end of the relevant holder subsequent to 19 February 2020. Some of the key features of the Proposed Financial Provision Regulations, 2019 and the concerns raised during the commenting process by mining companies are the following:
Regulation 7(3) provides that “funds set aside for financial provision must remain in place until a closure certificate is issued, unless a withdrawal as contemplated in regulation 11 is allowed”. Regulation 11 outlines the procedure for holders to follow when seeking to withdraw financial provision and provides that the MRE Minister must approve withdrawals with the concurrence of the Minister of Human Settlements, Water and Sanitation and the Minister of Finance. The withdrawal of financial provision can only occur after the stringent requirements stipulated in regulation 11 are met and are only allowed for decommissioning and final closure and not for ongoing or concurrent rehabilitation. Since the financial provision is not accessible to the holder for use during the life of the right, the holder has to effectively make double provision (the first being financial provision and the second being actual expenditure incurred for rehabilitation). The implications of regulation 7(3), read with regulation 11, may include a rise in the amount of financial guarantees provided in connection with mining operations;
Regulation 12(2) prescribes that the determination, review and assessment of financial provision must be undertaken by a specialist which must be audited by an independent auditor as provided for in regulation 13(1)(a) and submitted for approval to the MRE Minister. This requirement places a significant administrative and cost burden on the mining industry; and
Value-added tax (VAT) is included in the financial provision calculation. This inclusion is seen as onerous by the mining industry.

AngloGold Ashanti’s rights and permits

Under South African law, a mining right will be granted to a successful applicant for a period not exceeding 30 years. Thereafter, mining rights may be renewed for additional periods not exceeding 30 years at a time. A mining right can be cancelled if the mineral to which such mining right relates is not mined at the production rate undertaken by the mining right holder in the approved mining work programme. A prospecting right will be granted to a successful applicant for a period not exceeding five years and may only be renewed once for three years. In addition, a retention period of up to three years after prospecting could be allowed under certain circumstances, which may be renewed once for up to two years, subject to certain conditions. Refining licences are granted by the South African Diamond and Precious Metals Regulator for a period not exceeding 30 years and may be renewed for an unlimited number of further periods.

AngloGold Ashanti currently holds three mining rights in South Africa. These mining rights relate to operations in the West Wits area and have been successfully converted, executed and registered as new order mining rights at the Mineral and Petroleum Titles Registration Office (MPTRO). Mining right GP 30/5/1/2/2/01 MR (DMRE reference) in respect of gold, silver, nickel and uranium covers an area of approximately 6,477 hectares and expires in 2036. Mining right GP 30/5/1/2/2/11 MR (DMRE reference) in respect of gold, silver, nickel and uranium covering an area of approximately 31 hectares expired in 2016 and the company is currently in the process of renewing this mining right following a timely submission of a renewal application. Mining right GP 30/5/1/2/2/248 MR (DMRE reference) in respect of sand covers an area of approximately 196 hectares and expires in 2022. AngloGold Ashanti currently does not hold any prospecting rights in South Africa.

AngloGold Ashanti also held a mining permit for the recovery of sand and clay in the West Wits area. Mining permit GP 30/5/1/2/2/174 MP (DMRE reference) in respect of sand and clay expired in 2017 and the company is currently in the process of renewing this mining permit following a timely submission of a renewal application.

AngloGold Ashanti submitted an application in terms of section 102 of the MPRDA in March 2017 to consolidate the company’s three mining rights and its mining permit in South Africa into one single mining right (GP 30/5/1/2/2/01 MR) (Consolidation Application). The Consolidation Application requested the DMRE to suspend the renewal applications for mining right GP 30/5/1/2/2/11 MR and mining permit GP 30/5/1/2/2/174 MP in order to process the Consolidation Application. The DMRE acknowledged the Consolidation Application in July 2018 and is currently considering the Consolidation Application.

In addition, AngloGold Ashanti holds a refining licence (AP06789) relating to the Vaal River area expiring in 2039.


CONTINENTAL AFRICA

Democratic Republic of the Congo (DRC)

General laws relating to mining

The mining industry in the Democratic Republic of the Congo (DRC)DRC is currently undergoing a reform as the Mining Code enacted inprimarily regulated by law No. 007/2002 dated 11 July 2002 and which, until recently, was the primary regulation in the mining sector, was(2002 DRC Code) as amended by Law nolaw No. 18/001 as adopted ondated 29 January 2018 (Reformed DRC Mining Code) and decree No. 038/2003 dated 26 March 2003 as enactedamended by decree No. 18/024 dated 8 June 2018 (Reformed DRC Mining Regulations).

As regards the Presidentapplication of the Republic on 9 March 2018 (the Reformed Mining Code). The ReformedDRC Mining Code calls forand Reformed DRC Mining Regulations, Kibali Goldmines SA (Kibali) has reserved and continues reserving its rights, including, without limitation, its stability rights under, among other legal sources,

the 2002 DRC Code. Discussions with the DRC government on these issues and the possible application of incentives that may be available under the Reformed DRC Mining Code and Reformed DRC Mining Regulations are ongoing.

In accordance with prior mining legislation, companies holding mining titles issued prior to the entry into force of the Reformed DRC Mining Code and Reformed DRC Mining Regulations have claims to a 10-year stability provision. Notwithstanding the adoption of the new regulatory texts, including the amendment and update of the Mining Regulations, originally promulgated in March 2003regime, their rights with respect to support the 2002 Mining Code. These regulatory texts are being drafted and negotiations between major mining companies and the DRC Government are ongoing in their respect. In its current form, the Reformed Mining Code increases the title holders’ tax burden by widening the basis for and increasing the rate of the mining royalties’ rates (the royalty rate applicable to gold increased from two and one-half percent to three and one-half percent). The Reformed Mining Code also

introduces a 50 percent windfall tax and increases customs and other entry and export duties, in addition to introducing a community contribution of 0.3 percent of total turnover. In addition, the Reformed Mining Code calls for an increase of the State’s free carried interest from five percent to ten percent, with an additional five percent being granted to the State upon each renewal of the exploitation permit, and a requirement that at least 10 percent of the share capital of mining companies be held by DRC individuals. Finally, the Reform Mining Code further restricts existing exchange control rules, by requiring that 60 percent of sale revenues be repatriated onshore during the investment amortization period, after which repatriation requirements apply to 100 percent of sales revenues. The Reformed Mining Code also clarifies that the Law n°2017-01 of 8 February 2017 on subcontracting in the private sector, which introduced a more stringent subcontracting regime, fully applies to the mining sector. Discussions are currently ongoing between the mining industry and the DRC authorities as to protection to be afforded to title holders benefiting from a 10-yearsuch stability provision under the 2002 Mining Code.are reserved.

The Reformed DRC Mining Code continues to vestgrants the DRC Minister of Mines with the authority to grant, refuse, suspend and terminate mineral rights, although such authority issubject to be exercised upon conditions set out in the Reformed DRC Mining Code. Mineral rights may be granted in the form of exploration permits for an initial period of five years or in the form of mining permits which are granted for an initial period of 25 years. An exploration permit may, at any time before expiry, be transformed partially into a mining licencepermit or a small-scale mining permit. Mining permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental impact study and an environmental management plan.

The holder of a mining permit is required to commence development and mine construction within three years of the award of such permit. Failure to do so may lead to forfeiture of the mining permit. A permit holder must comply with specific rules relating to, amongst others,other things, protection of the environment, cultural heritage, health and safety, construction and infrastructure planning. Mining and exploration activities are required to be undertaken so as to affect as little as possible the interests of lawful occupants of land and surface rights holders, including their customary rights. The exercise of mineral rights by title holders which effectively deprives or interferes with the rights of occupants and surface rights holders requires payment of fair compensation by the mineral title holder.

To protect and enforce rights acquired under an exploration or mining permit, the Reformed DRC Mining Code provides, depending on the nature of a dispute or threat, administrative, judicial and national or international arbitral recourses.

Tax laws relating to mining

The Reformed DRC Mining Code sets out taxes, charges,an exclusive and exhaustive tax and customs regime applicable to mining activities. Mining title holders are subject, amongst other things, to a corporate income tax of 30 percent, a windfall tax of 50 percent and are required to pay mining royalties and other fees payable to the treasury by a mining title holder in respect of its activities. It also provides for a level of fiscal stability, in that existing tax, customs and exchange control provisionsDRC government. The royalty rate applicable to the mining activitiesgold has been set at 3.5 percent. Mining title holders are guaranteedalso required to remain unchanged, forcontribute a periodminimum of 5 years from the enactment0.3 percent of the Reformed Mining Code.

On 1 January 2012, a value added tax (VAT) replaced the previously applicable sales tax.total turnover to community development. The standard rate of VAT is 16 percent and is applicable to all mining companies.

On 1 January 2013,Mining companies are required to grant a withholdingfree-carried and non-contributory participation to the DRC government. The DRC government’s free participation was previously set at 5 percent but was increased to 10 percent in respect to mining titles issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional 5 percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a 10 percent local contributory participation is also mandatory for mining titles issued after its entry into force.

Regarding exchange control rules, the Reformed DRC Mining Code requires that mining title holders repatriate onshore 60 percent of sale revenues during the investment amortization period and 100 percent once the investment amortization is completed.

The Reformed DRC Mining Code also provides for a level of fiscal stability. A stability clause stipulates that existing tax, of 14 percent became effective. The tax iscustoms and exchange control provisions applicable to service fees payablemining activities are guaranteed to remain unchanged for a non-resident service provider by a residentperiod of five years from the enactment of the DRC.Reformed DRC Mining Code.

Article 220 of the Reformed DRC Mining Code provides that the Prime Minister of the DRC may grant a number of incentives to provinces suffering from infrastructures deficits to encourage economic development from mining resources. Discussions are currently ongoing with the DRC government with respect to incentives that could be available under article 220 of the Reformed DRC Mining Code.

On 18 July 2012, the Convention between the Governmentgovernment of the Republic of South Africa and the Governmentgovernment of the Democratic Republic of the CongoDRC for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Convention) came into effect, andeffect. The Convention is applicable to:

to (i) withholding taxes on amounts paid or credited on or after 1 January 2013; and
(ii) other income taxes, levied in respect of taxable periods beginning on or after 1 January 2013.

The Convention reduces the withholding tax on dividends paid by companies resident in the DRC to companies resident in South Africa from 20 percent to five5 percent and on interest paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 10 percent. A South African company must own at least 25 percent of a relevant DRC entity’s outstanding shares in order to take advantage of the reduced rates.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti holds a significant stake in the Kibali gold projectmine which is located in the north-eastern part of the DRC. The project is operated by Randgold Resources andgold mine is owned by Randgold ResourcesKibali Goldmines SA (Kibali) which is a joint venture between Barrick (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto SA (SOKIMO) (10 percent), which latter share represents the interest of the DRC government in the Kibaligovernment. The gold project.mine is operated by Barrick.


Kibali comprises 10 permits, 7 expiringof which seven expire in 2029 and 3three in 2030 and covering2030. The Kibali gold project covers an area of approximately 1,836 square kilometreskm2 in the Moto goldfields of the northeast DRC.goldfields.

Ghana

General laws relating to mining

Control of minerals and mining companies

The Constitution of Ghana as well as the Minerals and Mining Act, 2006 (Act 703) (GMM Act) provide that all minerals in Ghana in their natural state are the property of the State and title to them is vested in the President on behalf of and in trust for the people of Ghana, with rights of reconnaissance, prospecting, recovery and associated land usage being granted under licence or lease.


The grant of a mining lease by the Ghana Minister of Lands &and Natural Resources (MOLNR)(LNR Minister) upon the advice of the Minerals Commission is subject to parliamentary ratification unless the mining lease falls into a class of transactions exempted by the Ghanaian Parliament.

Control of mining companies

The Ghana MOLNRLNR Minister has the power to object to a person becoming or remaining a controller of a company which has been granted a mining lease if the LNR Minister believes, on reasonable grounds, that the public interest would be prejudiced by the person concerned becoming or remaining such a controller.

Stability agreementIn 2019, Parliament passed the State Interests and Governance Authority Act, 2019 (Act 990) establishing the State Interests and Governance Authority (SIGA). The functions of SIGA include the oversight and administration of the State’s interests in state-owned enterprises, joint venture companies and other entities in which the State has an interest. This applies to mining companies on account of the Government’s mandatory free-carried equity interest in mining companies as provided for under the GMM Act. However, the Government of Ghana does not have a free-carried interest in any of AngloGold Ashanti’s mines in Ghana.

Stability and development agreements

The GMM Act provides for stability agreements as a mechanism to guarantee certain terms and conditions, mainly fiscal, to which a company’s operations are subject for a period of 15 years. Stability agreements are subject to ratification by Parliament. A development agreement, as provided for by the GMM Act, may be made available to a mineral right holder with a proposed investment exceeding USD 500 million. The GMM Act also provides that the terms of a development agreement may contain stability terms as provided for in stability agreements. A development agreement is subject to parliamentary ratification.

In January 2020, the Minerals Commission proposed certain amendments to the GMM Act, including, among other measures, the abolishment of development agreements and the shortening of stability agreements from a period not exceeding 15 years to a period of five years (with a possible extension of another five years). The Minerals Commission is currently engaging with stakeholders on these proposed amendments. Following this engagement, the Minerals Commission may present the proposed amendments to the LNR Minister who can then decide to submit a draft bill to Parliament. If such bill were to be adopted by Parliament, it would not apply retroactively. As a result, the proposed amendments will not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below).

Ghana Stability Agreement

On 18 February 2004, AngloGold Limited and the Government of Ghana agreed on the terms of a stability agreement (Ghana Stability Agreement) to govern certain aspects of the fiscal and regulatory framework under which AngloGold Ashanti would operate in Ghana following the implementation of the business combination.combination between AngloGold Limited and Ashanti Goldfields Company Limited. The Ghana Stability Agreement necessitated the amendment of the Obuasi mining lease which had been ratified by Parliament.

Under the Ghana Stability Agreement, the Government of Ghana agreed:

to extend the term of the mining lease relating to the Obuasi mine until 2054 on terms existing prior to the business combination;
to maintain, for a period of 15 years, the royalties payable by AngloGold Ashanti with respect to its mining operations in Ghana at a rate of 3 percent per annum of the total revenue from minerals obtained by AngloGold Ashanti from such mining operations;
to ensure the income tax rate would be 30 percent for a period of 15 years. The agreement was amended in December 2006 to make the tax rate equal to the prevailing corporate rate for listed companies if the rate was less than 30 percent; and
to permit AngloGold Ashanti and any or all of its subsidiaries in Ghana to retain up to 80 percent of export proceeds in foreign currencies offshore, or if such foreign currency is held in Ghana, to guarantee the availability of such foreign currency.

The Ghana Stability Agreement also stipulates that a sale of AngloGold Ashanti’s or any of its subsidiaries’ assets located in Ghana remains subject to the Government’s approval. Furthermore, the Government retains its special rights (Golden Share) under the provisions of the GMM Act pertaining to the control of a mining company, in respect of its assets and operations in Ghana.


The Government of Ghana further agreed that AngloGold Ashanti’s Ghanaian operations will not be adversely affected by any new enactments or orders, or by changes to the level of payments of any customs or other duties relating to mining operations, taxes, fees and other fiscal imports or laws relating to exchange control, transfer of capital and dividend remittance until April 2019, which is 15 years after the completion of the business combination.

In relation to the Obuasi mine, AngloGold Ashanti (Ghana) Limited has(AGA Ghana) negotiated a new Development Agreement (DA)development agreement and Tax Concession Agreement (TCA) in relation toa new tax concession agreement with the Obuasi Mine with government.Government. These regulatory and fiscal agreements, which govern the redevelopment of the Obuasi Mine,mine, have not yet received parliamentary approval. Once approved,approval in June 2018. As a result of the currentratification of these agreements, the Ghana Stability Agreement will ceaseceased to apply to the Obuasi Mine but will continue to applymine.

Notwithstanding the aforementioned, the Ghana Stability Agreement still applied to the Iduapriem Minemine until it expiresexpired in April 2019. Since this expiration AngloGold Ashanti (Iduapriem) Limited (AGA Iduapriem) does not benefit from any peculiar tax concessions or other protections resulting from the Ghana Stability Agreement anymore. Relevant engagements are currently ongoing between AGA Iduapriem with the Minerals Commission to obtain a new stability agreement and tax concession agreement for the Iduapriem mine.

Obuasi Development Agreement

On 21 June 2018, Parliament ratified the Development Agreement in relation to the Obuasi mine (Obuasi DA) which contains stability terms as provided for in stability agreements.

The Obuasi DA confers the following rights and obligations on AGA Ghana with respect to the Obuasi mine:
Stabilization of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of 10 years with a potential of it being extended for five years;
Confirmation of accounting currency to be US dollars;
Right to hold up to 80 percent of proceeds received from exporting minerals in foreign currencies outside of Ghana in accordance with existing arrangements;
Obligation to set up a “Community Trust Fund” for Obuasi funded at $2 per ounce produced;
Obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians, entities incorporated or formed in Ghana and entities owned and controlled by Ghanaians;
Obligation to give preference to Ghanaian skills where they are available;
Obligation to employ high standards of safety; and
Right to peaceful enjoyment and protection against expropriation.

Obuasi Tax Concession Agreement

The fiscal terms which will ordinarily form part of a single stabilisation document were separated from the Obuasi DA. Hence a separate tax concession agreement in relation to the Obuasi mine (Obuasi TCA) was signed with the Government. On 21 June 2018, Parliament ratified the Obuasi TCA.

The key terms of the Obuasi TCA are as follows:
Corporate Income Tax to be 32.5 percent or such lower rates as may be fixed by law (current statutory rate is 35 percent);
Unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020;
Existing tax losses and new tax losses as well as a special concession to carry forward capital allowances to be converted into tax losses as at the end of 2020, will apply to AGA Ghana (whoever is the owner of AGA Ghana and whether or not AGA Ghana was to enter into a joint venture in respect of the Obuasi mine);
Exemptions of certain items from Import Duty;
Exemption of the following transactions from Capital Gains Tax:
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;
transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 35 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Non-application of section 62(1) of the Income Tax Act, 2015 (Act 896) in relation to change in underlying ownership under the following circumstances:
a joint venture in relation to Obuasi gold mine;
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;

transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 50 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Sliding scale royalty rate ranging from 3 percent to 5 percent for a price ranging from $1,300 up to $2,000 and above per ounce instead of the current flat rate of 5 percent;
Exemption from the payment of VAT on items imported under the Import Duty List up to 31 December 2023; and
Entitlement to a refund of VAT credit at the pre-production stage notwithstanding that AGA Ghana will not meet certain conditions for qualifying for refunds.

Corporate regulation

Parliament passed the new Companies Act, 2019 (Act 992) which repeals the Companies Act, 1963 (Act 179). Act 992 introduced amendments to the regulation of companies in Ghana and establishes the Office of the Registrar of Companies. As a general matter, Act 992 maintained the provisions of Act 179. It, however, introduces stricter requirements for persons who are to be appointed as directors of a company as well as for company secretaries. Companies are also required to appoint new external auditors every six years.

A company is also not required to have bylaws or “regulations” as was the case under Act 179. Instead, a company may opt to have a registered constitution. Nevertheless, it is expected that the current regulations for AGA Ghana and AGA Iduapriem will be redrafted and filed at the Companies Registry. Further, a company is not required to have specific objects as prescribed previously. The implication of this is that a company can carry out any type of business unless otherwise specifically stated in the company’s constitution.

Government’s Golden Share

Section 60(1) of the GMM Act provides that the Government of Ghana can require a mining company to issue for no consideration to the Republic of Ghana a special share (Golden Share) by notice in writing to such mining company. The Government of Ghana exercised this right in respect of AGA Ghana and as a result was issued with a Golden Share in AGA Ghana. Under the Ghana Stability Agreement, this Golden Share was to apply solely to AGA Ghana’s assets and operations in Ghana. Following the expiration of the Ghana Stability Agreement in April 2019, the Government of Ghana reconfirmed and agreed in the Obuasi DA that the Government’s rights with respect to its Golden Share apply only in respect of AGA Ghana’s assets and operations in Ghana.

The Golden Share may only be held by or transferred to a Minister of the Government or any person acting on behalf of such Government and authorised in writing by such Minister.

The following matters require, and will not be effective without, the written consent of the holder of the Golden Share:
any amendment to or removal of the relevant provisions of the AGA Ghana Regulations setting out the rights and restrictions attaching to the Golden Share;
the voluntary winding-up or voluntary liquidation of AGA Ghana;
the redemption of or purchase by AGA Ghana of the Golden Share;
the disposal of any mining lease held by AGA Ghana or any subsidiary of AGA Ghana; and
any disposal by AGA Ghana (other than any disposal in the ordinary course of business of AGA Ghana) which, alone or when aggregated with any disposal or disposals forming part of, or connected with, the same or a connected transaction, constitutes a disposal of the whole or a material part of the assets of the AGA Ghana group taken as a whole. For this purpose, a part of the AGA Ghana group’s assets will be considered material if either (a) its book value (calculated by reference to the then latest audited consolidated accounts), or the total consideration to be received on its disposal, is not less than 25 percent of the book value of the net assets of the AGA Ghana group or (b) the average profits attributable to it represent at least 25 percent of the average profits of the AGA Ghana group for the last three years for which audited accounts are available (before deducting all charges, except taxation and extraordinary items).

Upon a return of assets in a winding-up or liquidation of AGA Ghana, the holder of the Golden Share is entitled to the sum of GHS 0.10 cedis in priority to any payment to other members, but the Golden Share confers no further right to participate in the profits or assets of AGA Ghana. The Golden Share carries no right to any dividend or any right to participate in any offer of securities to existing shareholders or in any capitalisation issue.

The holder of the Golden Share may require AGA Ghana to redeem the Golden Share at any time in consideration of the payment to such holder of GHS 0.10 cedis.






Tax laws relating to mining

Fiscal regime

Currently, the main tax laws in Ghana include the following acts and regulations:
Income Tax Act, 2015 (Act 896) (as amended) and Income Tax Regulations, 2016 (L.I. 2244);
Customs Act, 2015 (Act 891) (as amended) and Customs Regulations, 2016 (L.I. 2248);
Value Added Tax, 2013 (Act 870) (as amended) and Value Added Tax Regulations, 2016 (L.I. 2243); and
Revenue Administration Act, 2016 (Act 915).

In March 2012, the tax laws of Ghana were amended. Changes to the tax laws included:

An increase in the income tax rate applicable to mining businesses from 25 percent to 35 percent. AngloGold Ashanti is currentlyThe Obuasi TCA limits the corporate income tax rate for AGA Ghana to 32.5 percent and AGA Iduapriem was protected until April 2019 from any increase of its income tax rate to greater thanexceeding the rate provided for under the Ghana Stability Agreement. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem currently pays an income tax rate of 35 percent;
Introduction of a new capital allowance regime for class 3 assets (which include mineral and petroleum exploration and production rights, buildings, structures and works of a permanent nature used in mineral and petroleum exploration and production and plant and machinery used in mining and petroleum operations) that provides for a 20 percent straight line rate for a period of five years. PursuantAGA Ghana is protected under the Obuasi TCA and AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement, this change will not affect AngloGold Ashanti until 2019.Agreement;
Elimination of the five5 percent allowance on prior year additions. Prior to the 2012 amendment, the tax code granted an additional five5 percent of the value of assets acquired and qualified to be classified as class 3 assets for the purpose of granting capital allowances. Capital allowance is now 20 percent each year on the total value of the assets. PursuantThe Obuasi TCA provides that unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020. From 1 January 2021, any such unutilized capital allowances shall be 20 percent each year on the total value of assets. AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement, this change will not affect AngloGold Ashanti until 2019.Agreement; and
A ring fencing rule to prevent mining businesses from deducting or setting off costs from one mining area with another’s income. This ring fencing rule applies to AGA Ghana under the Obuasi TCA. Pursuant to the Ghana Stability Agreement, this change willdid not affect AngloGold AshantiAGA Iduapriem until April 2019.






Golden Share

UnderBetween 2018 and 2019, the Stability Agreement, the Government of Ghana (Government) has confirmed and agreed that the Government’s rights with respectfollowing changes have been made to the Golden Share apply onlyfiscal regime of Ghana:
The Minerals Income Investment Fund Bill has been passed by Parliament to establish a Fund to receive mineral royalties and related income as well as establish a special purpose vehicle to vest the Ghanaian Government’s carried interest in respectmining companies. It will also provide for the disbursement and management of AngloGold Ashanti’s assets and operations in Ghana. Thethe royalties received from mineral rights doholders by Ghana’s Government. This would not extend toimpose any other assets or operations ofadditional burden on mining companies such as AngloGold Ashanti outside Ghana, norbut would only change the legal personality holding the Ghanaian Government’s carried interest; and
The Income Tax (Amendment) Act, 2019 (Act 1007) was passed to any assets or operationsrevise the rates of AngloGold Ashanti.

The Government has also agreedtax for the chargeable income for resident individuals, and to waive any right it may have under Section 60(I) of the Mineralsprovide for a tax holiday for automobile manufacturers and Mining Law, 1986, as amended to acquire a special share in AngloGold Ashanti or any of its direct or indirect subsidiaries or joint ventures.assemblers.

The Golden Share may only be held by or transferred to a Minister of the Government or any person acting on behalf of such Government and authorised in writing by such Minister.

The following matters require, and will not be effective without, the written consent of the holder of the Golden Share:

(i)any amendment to or removal of the relevant provisions of the AngloGold Ashanti (Ghana) Limited Regulations setting out the rights and restrictions attaching to the Golden Share;
(ii)the voluntary winding-up or voluntary liquidation of AngloGold Ashanti (Ghana) Limited;
(iii)the redemption of or purchase by AngloGold Ashanti of the Golden Share;
(iv)the disposal of any mining lease held by AngloGold Ashanti (Ghana) Limited or any subsidiary of AngloGold Ashanti (Ghana) Limited; and
(v)any disposal by AngloGold Ashanti (Ghana) Limited (other than any disposal in the ordinary course of business of AngloGold Ashanti) which, alone or when aggregated with any disposal or disposals forming part of, or connected with, the same or a connected transaction, constitutes a disposal of the whole or a material part of the assets of the AngloGold Ashanti group taken as a whole. For this purpose, a part of the AngloGold Ashanti group’s assets will be considered material if either (a) its book value (calculated by reference to the then latest audited consolidated accounts), or the total consideration to be received on its disposal, is not less than 25 percent of the book value of the net assets of the AngloGold Ashanti group or (b) the average profits attributable to it represent at least 25 percent of the average profits of the AngloGold Ashanti group for the last three years for which audited accounts are available (before deducting all charges, except taxation and extraordinary items).

Upon a return of assets in a winding-up or liquidation of AngloGold Ashanti (Ghana) Limited, the holder of the Golden Share is entitled to the sum of 0.10 cedis in priority to any payment to other members, but the Golden Share confers no further right to participate in the profits or assets of AngloGold Ashanti. The Golden Share carries no right to any dividend or any right to participate in any offer of securities to existing shareholders or in any capitalisation issue.

The holder of the Golden Share may require AngloGold Ashanti (Ghana) Limited to redeem the Golden Share at any time in consideration of the payment to such holder of 0.10 cedis.

VAT

In December 2013,2018, the Parliament of Ghana (Parliament) passed an amendment to the Internal Revenue Act, 2000 (Act 592) known as the Internal Revenue (Amendment) (No. 2) Act 2013, (Act 871). This, amongst other changes, increased the withholding tax for goods and services supplied by non-residents, payments to non-resident individuals and payment for management and technical services from 15 percent to 20 percent. A new Value Added Tax Act, (VAT) 2013 (Act 870) imposes a 15 percent VAT payable on goods and services. The National Health Insurance Act 2012 (Act 852) also imposes a two and one-half percent VAT payable on goods and services. The total VAT payable on goods and services is therefore 17.5 percent. The Value Added Tax 2013, (Act 870) extended the coverage of the tax to some business activities which were hitherto outside the tax net. These included the supply of financial services that are rendered for a fee, commission or a similar charge and the manufacture or supply of pharmaceuticals. The implementation of the charging of VAT in relation to these two services has however been suspended until further notice. These taxes do not have an adverse effect on the Company since they do not directly impact its operations.

The Value Added Tax (Amendment) Act, 2017,2018 (Act 948)970) revised the VAT rate on taxable supplies to 12.5 percent. The National Health Insurance (Amendment) Act, 2018 (Act 971) decoupled the National Health Insurance Levy of 2.5 percent from the VAT and as a result is no longer included in the VAT. Act 971 converted the NHI Levy into a straight levy which is not subject to the input and output method of accounting for VAT. Same was passed to amenddone for the Value Added Tax 2013,Ghana Education Trust Fund portion of the VAT under the Ghana Education Trust Fund (Amendment) Act, 2018 (Act 870)972). The Amendment, among other changes, classifiesimplication is an increase in the supply of financial services and gives legal backing to a three percent VAT Flat Rate Scheme (FRS).

The FRS applies to all wholesalers and retailers including suppliers who import to resell on wholesale or retail. Prior tototal tax liability payable by the introductionconsumer. However, by virtue of the FRS, suppliers were allowedObuasi DA and Obuasi TCA, AGA Ghana will not be affected by these revised rates. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem is subject to charge 17.5 percent against the output tax charged on the value of their supplies. However, suppliers are currently prohibited to charge the 17.5 percent under the new scheme. Hence the 17.5 percent is rather inculcated into the price of goods/ products supplied, passing on the costs to the consumer. Thus, goods purchased by AngloGold Ashanti from its suppliers fall within this bracket and have turned out to be more expensive than previously.

The Value Added Tax (Amendment) (No. 2) Act, 2017, (Act 954) was enacted to amend the Value Added Tax 2013, (Act 870) to remove tax on stakes in the National Lotto, to provide for withholding from the payment of VAT to registered VAT traders.

these revised rates.

Income taxes

In November 2015, Parliament passed the Income Tax Act, 2015 (Act 896) (ITA) which repealed the Internal Revenue Act, 2000, (Act 592), as amended. The ITA became effective from 1 January 2016 for the 2016 year of assessment. The ITA ring fences and taxes income derived from mining operations at the rate of 35 percent. For the purpose of ascertaining the income of a person for taxation, each separate mineral operation is treated as independent business and taxed accordingly. The Obuasi TCA for AGA Ghana provides for a stabilised income tax rate of 32.5 percent. Pursuant to section 2.06 of the Ghana Stability Agreement, the ring fencing provision willITA did not apply to AngloGold AshantiAGA Iduapriem until 2019 and until thenApril 2019. Following its expiration, AGA Iduapriem currently pays income tax at the company’s tax exposure will not exceed 30rate of 35 percent.

The ITA provides for the carrying forward of losses for up to five years. Lossesyears and those losses carried forward can only be used in the order in which they were generated or incurred. The ITA further provides thatprohibits the deferment of capital allowances calculated or granted shall be taken in that year and shall not be deferred.for a particular year.

The ITA states that expenditure incurred in the course of reconnaissance or prospecting operations shall be placed in a single pool, and the balance in that pool is to be carried forward year to year until commencement of production. When production commences, the amount in the pool must be capitalised and the Commissioner-General of the Ghana Revenue Authority shall grant a capital allowance in respect thereof. The ITA also provides guidance on how costs incurred during the reconnaissance and exploration phase of a mine ought to be treated.

The ITA imposes a withholding tax on dividends paid by a person conducting mineral operations in Ghana at eight8 percent. This is regardless of the amount of shareholding a shareholder or shareholders may have in the entity paying the dividend. Under section 59 (3) of the ITA, an exemption from tax exists where the recipient of the dividend holdsHowever, a person holding or controlscontrolling directly or indirectly at least 25 percent of the voting power of the company paying the dividend.

dividend may be allowed some tax exemptions. The ITA also introduces some variation in the rates of withholding taxes. For example, payments for the supply of services (Payments with a Source in Ghana to Persons Other Than Individuals) has been increased from 5 percent to 15 percent; the withholding tax on resident Directors’ remuneration has been increased from 10 percent to 20 percent; and withholding taxes on natural resource payments and royalties have been increased from 10 percent to 15 percent. This may have an indirect impact on AngloGold Ashanti’s operations as this rate will have a material impact on the margins of suppliers and possibly their working capital. Suppliers may therefore seek to pass this on to AngloGold Ashanti by increasing their fees and charges.

The ITA also abolishes the flat 15 percent rate of tax on capital gains. Capital gains are now to be included in business or investment income and taxed at the applicable income tax rate which, for persons engaged in mineral operations, is 35 percent.

Various amendments were made to the ITA as follows:

Income Tax (Amendment) Act, 2015 (Act 902) provides new tax rates onover the chargeable income of resident individuals for a year of assessment, introduces a 15 percent withholding tax rate applicable to service fees with a source in Ghana to resident individuals for services other than those expressly provided for under Act 902 and increasesyears. For example, the monetary threshold for an individual to whom a presumptive tax applies. Presumptive tax payable on turnover is now three percent of the business where the turnover is more than GHS 20,000 but does not exceed GHS 200,000 (instead of the initial presumptive tax of three percent payable where the turnover was more than GHS 20,000 but did not exceed GHS 120,000); and
Income Tax (Amendment) Act 2016 (Act 907) exempts from tax, interest and dividends paid to an investor in an approved unit trust scheme or mutual fund, and also reduces withholding tax on service fees payable by a resident person, other than an individual, to another resident person from 15 percent to seven and one-half percent.

The Income Tax Regulations L.I. 2244 pursuant to the provisions of the ITA was also introduced to reduce the income tax imposed on the wages of casual and temporary workers from the previous rate of seven and one-half percent to 15 percent to a fixed rate of five percent. The rate of tax imposed on the chargeable income of a non-resident temporary worker is 20 percent. A resident temporary worker’s chargeable income is taxed as follows: the first GHS 2,592 is exempt from tax, the next GHS 1,296 is subject to five percent tax, the next GHS 1,812 is subject to 10 percent tax, the next GHS 33,180 is subject to 17.5 percent tax and any amount exceeding GHS 38,880 is subject to 25 percent tax.

Further amendments have been made to the ITA as follows:

The Income Tax (Amendment) Act, 2017 (Act 941) provides for the exemption from tax of the gains from the realisation of securities listed on the Ghana Stock Exchange.

The Income Tax (Amendment) (No.2), Act 2017, Act 956 provides for accelerated capital allowance for manufacturersExchange and importers of stamping machines for the implementation of the excise tax stamp policy and also exempts from tax for five years, the income of an entrepreneur (who is not more than 35 years old) from the business of manufacturing, information and communications technology, agro processing, energy production, waste processing, tourism and creative arts, horticulture and medicinal plants.


Tax Amnesty Act, 2017 (Act 955) grantsgranted amnesty to persons who have failed to register with the Commissioner-General or file their tax returns or pay taxes as required by enactments administered by the Commissioner-General. UnderCommissioner-General.

Ground rent (mineral concession rent)

The Fees and Charges (Amendment) Instrument, 2015 (L.I. 2208) was passed by Parliament on 23 December 2015 and fixed, among other things, the payment of ground rent by mining companies at GHS 15 cedis per acre per annum.

AGA Ghana is paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Ghana leases. The Obuasi DA protects AGA Ghana from any increase in ground rent for the duration of that development agreement. AGA Iduapriem is also paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Iduapriem leases.

Customs Common External Tariff

Following the passage of the Customs (Amendment) Act, 955, the Commissioner-General is prohibited from assessing or recovering taxes, penalties and interests in respect of previous years up to and including the 2017 year of assessment, where the defaulting party on or before September 30, 2018 registers with2015 (Act 905) by the Ghana Revenue Authority, the ECOWAS Regional Common External Tariff (CET) came into effect on 1 February 2016 meaning that the Member States of the Economic Community of West African States (ECOWAS) will apply the same customs tariffs to third countries. The CET is one of the instruments utilised to harmonize regulation in ECOWAS Member States and files income tax returnsstrengthen its common market.

Royalties

Under the Minerals and Mining (Amendment) Act, 2015 (Act 900), the Minister will prescribe the royalty rate payable and the manner of payment by passing a Legislative Instrument or other subsidiary legislation. The current royalty rate amounts to 5 percent.

The company is required to pay ground rent to the Government of Ghana (as described above) as well as such other fees as are prescribed by legislation, including royalties on timber felled within the lease area.

Environmental laws relating to mining

In general, environmental laws and regulations in Ghana derive from the Constitution which imposes a duty on both the State and others to take appropriate measures to protect and safeguard the natural environment. Mining companies are required, under the GMM Act, Environmental Assessment Regulations, 1999 (L.I. 1652) and Water Use Regulations, 2001 (L.I. 1692), to obtain all necessary approvals from the Environmental Protection Agency (Ghana EPA), a regulatory body established under the Environmental Protection Agency Act, 1994 (Act 490), and, in appropriate cases, the Water Resources Commission and/or the Ghanaian Minerals Commission before undertaking mining operations. The Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182) also impose further obligations to obtain the necessary permits from the Inspectorate Division of the Ghana Minerals Commission for the operation of mines. The GMM Act also requires that mining operations in Ghana comply with all laws for the protection of the environment. Compliance with the relevant laws are enforced by a regime of sanctions including imposition of fines and in some cases a term of imprisonment.

As part of the Ghanaian environmental laws and regulations, mining operations are required to undergo an environmental impact assessment process that culminates in the issuance of an environmental permit prior to commencing operations. Environmental Management Plans are to be submitted to the Ghana EPA within 18 months after issuance of the environmental permit and then every three years thereafter. The plan must include details of the likely impacts of mining operations on the environment and local communities, as well as a comprehensive plan and timetable for actions to mitigate and remediate any adverse effects of the mining operations. Approval of the management plan results in the issuance of an environmental certificate.

In June 2014, the Ghana EPA and the Minerals Commission circulated draft Mining and Environmental Guidelines to all mining companies for comment. The guidelines concern environmental management, reclamation, closure requirements and the proposed

Mining Community Development Scheme and have not yet become effective. The Mining Community Development Scheme, which directly sponsors socio-economic development in communities in which mining operations take place or which are affected by mining activities, has since been established pursuant to the Minerals Development Fund Act, 2016 (Act 912).

Illegal and unsustainable mining practices

The Multilateral Mining Integrated Project (MMIP) is a 5-year project launched by the Government of Ghana in 2017 to address illegal and unsustainable mining practices in Ghana. The MMIP “combines a Legislation, Enforcement, Civil, Integrated and Technological Approach (LECITA) as a sustainable and structured yet regimented conjoint concept” to combat illegal mining. The MMIP involves (i) reviewing and enforcing the legal and regulatory regime of the small scale mining sector, (ii) reclaiming and rehabilitating degraded lands, (iii) dredging silted estuaries and waterways, (iv) implementing social interventions to facilitate livelihood creation in mining communities, (v) adapting technology to increase mining efficiency, processing, environmental protection and monitoring activities, and (vi) building the capacity of artisanal and small-scale miners and regulatory institutions.

In addition, other initiatives have been undertaken to combat illegal mining. For example, the Minerals and Mining (Amendment) Act, 2015 (Act 900) makes provision for the confiscation of the equipment of illegal miners and, 2016as a result of recent illegal mining activities, the GMM Act was amended to increase penalties for illegal mining and expressly criminalize the aiding and abetting of illegal mining activities. The prescribed minimum sentence for illegal mining is now 15 years and maximum of assessment.25 years for foreigners who engage in illegal mining.

Foreign exchange, export and other rules

Retention of foreign earnings

AngloGold Ashanti’s operations in Ghana are permitted to retain 80 percent of their foreign exchange earnings in an offshore foreign exchange account. In addition, the company has permission from the Bank of Ghana to retain and use US dollars, outside of Ghana, to fulfillfulfil payment obligations to the company’s hedge counterparties which cannot be met from the cash resources of its treasury company.

On 4 February 2014, the Bank of Ghana issued new directives as part of measures to streamline the collection and repatriation of export proceeds to Ghana. These directives included an instruction to all banks and authorised dealers to, within five5 working days of receipt of export proceeds, convert the proceeds into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 percentage in points (pips). Exporters with retention accounts were to continue to operate these accounts in accordance with their retention agreements. Retention proceeds which were sold to the banks were to be converted into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 pips. It further advised that offshore foreign exchange transactions by resident companies, including exporters, were strictly prohibited and exporters were to ensure that all export proceeds are repatriated in full. Failure to comply with the provisions attracts penalties including pecuniary sanctions, jail terms, suspension and revocation of the operating licence as applicable.

Following engagement with relevant stakeholders, the Bank of Ghana issued another notice clarifying that the transfer of foreign exchange to meet external payment obligations remains permissible for transactions such as:

redemptions and coupon payments on Bondsbonds held by non-residents;
investment income, technology and management transfer entitlements, expatriate emoluments, and other incentive packages and overseas commitments under provisions in various legislation and legislative instruments such as the GMM Act, and the Technology Transfer Regulations, ( L.I.1547 );1992 (L.I.1547); and
other outward payments for imports of goods and services.

The notice also stated that all balances in Foreign Currency Accounts (FCAs) and Foreign Exchange Accounts (FEAs) will continue to be held in foreign currency and will not be converted into Ghana Cedis.cedis. External transfers of up to $10,000 per annum without documentation from FEA and FCA are still permitted. Balances held in FEAs and FCAs continue to remain available for all legitimate external transactions.

The Bank of Ghana on 9 August 2014 further revised the rules on foreign exchange operations, effectively reversing the initial directives controlling transactions in foreign exchange. The key details are as follows:

The limit of $1000.00 on over-the-counter foreign exchange cash withdrawal is removed.
Exporters shall continue to repatriate in full export proceeds in accordance with the terms agreed between the trading parties. Such proceeds shall be credited to their FEAs and converted on a need basis.basis;
FEAs and FCAs will continue to be opened and operated as they were before the Noticesnotices of 4 February 4, 2014.2014;
Except for transfers from FEA to FCA which are still prohibited, all other transfers between accounts are permitted.permitted;
For the avoidanceFCAs shall be fed only with unrequited transfers such as transfers from abroad for investment or embassy transfers;
FEAs shall be fed with foreign exchange generated from activities in Ghana such as proceeds from exports of doubt:goods and services; and
FCAs shall be fed only with unrequited transfers such as transfers from abroad for investment or embassy transfers.
FEAs shall be fed with foreign exchange generated from activities in Ghana such as proceeds from exports of goods and services.
The threshold for transfers abroad without initial documentation remains at $50,000.00. Where documentation in respect of a transfer remains outstanding, any subsequent import transaction by an importer, irrespective of value, shall only be made on prior provision of documentation required for the current import transaction.
Importers who use non-cash instruments (plastic cards) may continue to load up to $50,000 to meet their legitimate needs abroad subject to the necessary documentation requirements.
Foreign currency denominated loans may be granted by resident banks to their customers subject to their own internal procedures and processes and in compliance with the risk management guidelines of the Bank of Ghana.
Cheques and cheque books may be issued by banks to holders of FEAs and FCAs.

The Bank of Ghana reiterated that the Ghana cedi remains the sole legal tender in Ghana. Therefore, pricing, advertising, invoicing, receiving, and making payments for goods and services should be done in Ghana cedis, unless otherwise authorized by the Bank of Ghana.

Existing measures that were not amended by this Noticenotice continue to remain in force.

AngloGold Ashanti maintains and operates its FCA, FEA and Retention Accountsretention accounts in compliance with the directives.

Rules regarding the export of gold and diamonds

The Bank of Ghana introduced new measures to regulate and monitor the export of gold and diamonds from Ghana in 2015. From 15 September 2015, all exports of gold and diamonds must be carried out through the Precious Minerals Marketing Company Ltd (PMMC), except where the exporter is the holder of a licence that permits it to export directly. The Ghana Revenue Authority (Customs Division) only permits gold to be exported by a licensed gold exporter who has a completed Form FEX A4 bearing Bank of Ghana’s embossment. The export measures do not apply to AngloGold Ashanti because the company holds a licence granted by the LNR Minister to sell and export its production.

The Bank of Ghana issued a notice (Notice No. BG/GOV/SEC/2016/02) which, among other things, allows mining companies to sell the portion of foreign exchange receipts from export that was earmarked for surrender to the Bank of Ghana directly to the commercial banks.

In November 2016, the Ministry of Lands and Natural Resources issued a ministerial directive appointing the PMMC as designated laboratory for assaying in Ghana. The directive requests all persons holding export licenses for gold to submit all gold to be exported to the PMMC for assay before export. Mining businesses, including AngloGold Ashanti, acting through the Ghana Chamber of Mines were opposed to this directive due to its potential negative impact on mining companies in the region. As a result, the Chamber initiated proceedings to reverse or modify the directive. Following discussions in respect of the mining industry’s concerns, the Chamber and Government agreed on the modalities for implementing the national assaying policy and it was introduced in February 2018 following a one-month pilot among certain mining companies. A final document for the implementation of the program will be executed once the Chamber and the PMMC address a few outstanding issues regarding assaying methodologies.

Localisation policy

Mining companies must submit a detailed programme for the recruitment and training of Ghanaians with a view to achieving “localisation”, which is the replacement of expatriate personnel in a company’s Ghanaian operations by Ghanaian personnel. In addition, mining companies must give preference to Ghanaian products and personnel, to the maximum extent possible, consistent with safety, efficiency and economies. Recently passedThe Minerals and Mining (General) Regulations, 2012 (L.I. 2173) give further details on the localisation policy.

Except as otherwise provided in a specific mining lease, all immovable assets of the holder of the mining lease vest in the State upon termination, as does all moveable property that is fully depreciated for tax purposes. Moveable property that is not fully depreciated is to be offered to the stateState at the depreciated cost. The holder must exercise his rights subject to such limitations relating to surface rights as the Minister of Mines may prescribe.

Ground rent

In 2012, the Ghanaian Parliament passed the Fees and Charges Amendment Legislation 2012 (Ll 2191), which fixed mineral concession rent at Gh¢9,016 per square kilometre per annum as opposed to the previous rate of Gh¢0.50 per acre per annum. However, on 19 March 2014, the Office of the Administrator of Stool Lands informed the Ministry of Finance in writing that it has agreed with the Ghana Chamber of Mines to revise the fees to Gh¢15.0 per acre per annum. The Chamber has since 2 September 2014 instructed all mining companies to pay the agreed sum. The Fees and Charges (Amendment) Instrument 2015 (LI 2208), was passed by Parliament on December 23, 2015, which, among other things, fixes the payment of ground rent by mining companies at Gh¢15 per acre per annum. The company has since paid the agreed ground rent for its Binsere Leases but paid $36 per km2 for the Obuasi lease as specifically provided for in the lease. The company also indicated to the Office of the Administrator of Stool Lands that by virtue of the Ghana Stability Agreement, the company is protected from the increase in the ground rent for the duration of the Stability Agreement, and that the company’s payment of same cannot be deemed as a waiver of its rights under the Stability Agreement.

National Fiscal Stabilisation (Amendment) Act, 2014 (Act 882)

The National Fiscal Stabilisation (Amendment) Act has extended the application of the National Fiscal Stabilisation Levy to net profits before tax up to and including the 2017 year of assessment. In the past, AngloGold Ashanti has sought protection under the Stability Agreement and this has been granted. AngloGold Ashanti will therefore continue seeking the protection.

Special Import Levy Act, 2014 (Act 884)

The Special Import Levy Act has extended the application of the National Fiscal Stabilisation Levy to profits before tax up to and including the 2017 year of assessment. The Special Import Levy (Amendment) Act, 2017 (Act 944) was passed to remove the levy payable on some petroleum products, fertilizer and certain types of machinery and equipment.

Customs and Excise (Petroleum Taxes and Petroleum Related Levies) (Amendment) Act, 2014 (Act 886)

The Customs and Excise (Petroleum Taxes and Petroleum Related Levies) (Amendment) Act reversed the excise tax on petroleum products (petroleum, gas oil, residual fuel oil, unified gasoline, kerosene, liquefied petroleum gas and local marine gas) from ad valorem to specific tax.

The Customs and Excise (Petroleum Taxes and Petroleum Related Levies) Repeal Act, 2017 (Act 943) was passed to repeal the Customs and Excise (Petroleum Taxes and Petroleum Related Levies) Act, 2005 (Act 685). Act 685 revised duties, taxes and levies on specified petroleum products.

Customs (Amendment) Act, 2015 (Act 905)

Following the passage of the Customs (Amendment) Act, 2015 (Act 905), by the Ghana Revenue Authority, the ECOWAS Regional Common External Tariff (CET) came into effect on 1 February 2016. It replaces the Harmonised Systems: Common External Tariff and Other Schedules. The CET is one of the instruments of harmonising ECOWAS Member States and strengthening its Common Market.

Directive from Commissioner of Customs

A Directive was issued from the Minister of Finance requiring persons who qualify for exemptions from import duties and taxes to make prior payment at the ports and subsequently apply for a refund.

Tax Stamp Policy

This was launched pursuant to the Excise Stamp Act, 2013 (Act 873). Act 873 requires the manufacturer or importer of goods for which Excise Tax Stamp is required to bear the cost of the stamp. The cost of the stamp may be subsidized as the Minister for

Finance may determine. The policy makes provision for the Government to bear the entire cost of the stamp for the first half of the year 2018 and to bear half the cost for the second half of the year. The Government will review its position on the cost burden after 2018.

Energy Sector Levies Act, 2015 (Act 899)

The Energy Sector Levies Act, which received assent on 24 December 2015, consolidates existing energy sector levies and imposes a new levy, the Price Stabilization and Recovery Levy. The Price Stabilization and Recovery Levy, which is to be collected by the National Petroleum Authority and paid into the Price Stabilisation and Recoveries Account, applies to petrol at a rate of 12 Ghana pesewas per litre, to diesel at a rate of 10 Ghana pesewas per litre, and to liquefied petroleum gas at a rate of 10 Ghana pesewas per kilogram.

The Energy Sector Levies (Amendment) 2017 (Act 899) amends Act 899 by a downward review of the National Electrification Scheme Levy from five percent to two percent and the Public Lighting Levy from five percent to three percent per price of kilowatts of electricity charged for all categories of consumers.

Minerals and Mining (Amendment) Act 2015 (Act 900)

A Minerals and Mining (Amendment) Act was passed by Parliament and assented to by the President on 16 December 2015. It replaces the existing royalty provisions introduced by the Minerals and Mining Amendment Act, 2010 (Act 794) pursuant to which the rate of royalties was fixed by an Act of Parliament. Under the new regime, the Minister will prescribe the rate payable and the manner of payment by passing a Legislative Instrument or other subsidiary legislation. The existing royalty rate of five percent however remains the same until such time as the rate is altered in the manner prescribed. The Minerals and Mining (Amendment) Act 2015 also makes provision for the confiscation of the equipment of illegal miners.

Notification of the Minerals Commission - Expatriate Visitors to Mine Sites

The Minerals Commission issued a directive to all mining companies and mine support service providers to notify the Commission of all expatriate visitors to mine sites pursuant to the Minerals and Mining (General) Regulations 2012 (LI 2173) and the Minerals and Mining (Support Services) Regulations 2012 (LI 2174).

Minerals Development Fund Act 2016 (Act 912)

Parliament has passed the Minerals Development Fund Act, 2016 (Act 912). The purpose of the law is to establish a Minerals Development Fund (MDF) to address the development challenges affecting mining communities by setting aside 20 percent of mineral royalties received by the government for development projects. The MDF is to provide financial resources for the direct benefit of communities within mining areas. The law introduces the Mining Community Development Scheme to directly sponsor socio-economic development in communities in which mining operations take place or which are affected by mining activities.

Local Governance Amendment Act, 2017 (Act 940)

The Local Governance Amendment Act, 2017 (Act 940) was introduced to restore the President’s discretionary power to revoke the appointment of government appointees to District Assemblies. The Act will also speed up the appointment processes to enable District Assemblies to perform effectively and forestall further delay of appointments to District Assemblies.

Mining & Environmental Guidelines

In June 2014, the Ghana Environmental Protection Agency andJanuary 2020, the Minerals Commission circulated draft Minerals and Mining (Local Content and Environmental GuidelinesLocal Participation) Regulations intended to allexpand the scope of local content requirements in the mining companies for comment.industry. The guidelines concern environmental management, reclamation, closure requirements anddraft specifically seeks to expand the proposed Mining Community Development Scheme. The Mining Community Development Scheme has since been established pursuantnumber of mining related businesses required to the Minerals Development Fund Act 2016 (Act 912), discussed above.comply with local content requirements.

Rules regarding the export of goldAngloGold Ashanti’s rights and diamonds

The Bank of Ghana introduced new measures to regulate and monitor the export of gold and diamonds from Ghana. From 15 September 2015, all exports of gold and diamonds must be carried out through the Precious Minerals Marketing Company, except where the exporter is the holder of a licence that permits it to export directly, and the Ghana Revenue Authority (Customs Division) only permits gold to be exported by a licensed gold exporter who has a completed Form FEX A4 bearing Bank of Ghana’s embossment. The export measures do not apply to AngloGold Ashanti because the company holds a licence granted by the Minister for Lands and Natural Resources to sell and export its production.

The Bank of Ghana issued a notice (Notice No. BG/GOV/SEC/2016/02) which, among other things, now allows mining companies to sell the portion of foreign exchange receipts from export that was earmarked for surrender to the Bank of Ghana directly to the commercial banks.


In November 2016, the Ministry of Lands and Natural Resources issued a ministerial directive appointing the Precious Minerals Marketing Company Ltd (PMMC) as designated laboratory for assaying in Ghana. The directive requests all persons holding export licenses for gold to submit all gold to be exported to the PMMC for assay before export. Mining businesses, including AngloGold Ashanti, acting through the Ghana Chamber of Mines are opposed to this and the Chamber has initiated measures to get the directive reversed or modified due to its potential negative impact on mining companies in the region.

Office of the Special Prosecutor Act, 2017 (Act 959)

Act 959 was passed to establish the Office of the Special Prosecutor as a specialised agency to investigate specific cases of alleged or suspected corruption or corruption-related offences involving public officers and politically exposed persons in the performance of their functions as well as persons in the private sector involved in the commission of alleged or suspected corruption and corruption-related offences and to prosecute these offences on the authority of the Attorney General.

Special Petroleum Tax Act, 2014 (Act 879)

A Special Petroleum Tax of 17.5 percent was proposed as part of a rationalisation of the VAT regime and change in the petroleum pricing structure. The tax rate was reduced from 17.5 percent to 15 percent in 2017 pursuant to the Special Petroleum Tax (Amendment) Act, 2017 (Act 942).

Budget Statements

Paragraph 855 of the Budget Statement for 2018 indicates the Government of Ghana’s intention to adopt a policy to leverage Ghana’s gold deposits to attract additional funding for accelerated growth and development and to minimize exposure to the volatile price of gold. The government intends to accomplish this by using factoring (an up-front payment instrument).

The Multilateral Mining Integrated Project (MMIP)

The MMIP is a five-year project underway by the Government of Ghana to address illegal and unsustainable mining practices in Ghana. Commenced in mid-2017, the MMIP “combines a Legislation, Enforcement, Civil, Integrated and Technological Approach (LECITA) as a sustainable and structured yet regimented conjoint concept” to combat with illegal mining. The MMIP involves (i) reviewing and enforcing of the legal and regulatory regime of the small scale mining sector, (ii) reclaiming and rehabilitating degraded lands, (iii) dredging silted estuaries and waterways, (iv) implementing social interventions to facilitate livelihood creation in mining communities, (v) adapting technology to increase mining efficiency, processing, environmental and monitoring activities, and (vi) building the capacity of artisanal and small-scale miners and regulatory institutions.

Mining properties

The company is required to pay ground rent to the Government of Ghana and such other fees as are prescribed by legislation, including royalties on timber felled within the lease area.

Obuasi

The current mining lease for the Obuasi area was granted by the Government of Ghana on 5 March 1994. It grants mining concessions to land with an area of approximately 338 square kilometreskm2 in the Amansie East and Adansi West districts of the Ashanti region for a term of 30 years from the date of the agreement. In addition, a mining lease over an adjacent 140 square kilometres km2 was also granted, resulting in the total area under the mining lease increasing to 474 square kilometres.km2.

The Government of Ghana agreed to extend the term of the mining lease relating to the Obuasi mine until 2054. The mining lease was formally ratified by Parliament on 23 October 2008.

On 3 March 2016, the Minerals Commission approved AngloGold Ashanti Ghana’s application to surrender approximately 273.54 square kilometreskm2 of the area to the Government of Ghana, reducing the lease areas to 201.46 square kilometres.km2. The remaining parcel of land that will be subject to the mining lease is situated within various villages and townships in the region but excludes the municipality of Obuasi.

AGA Ghana is not required to pay annual mineral right fees as the AGA Ghana Leases were granted prior to the enactment of the GMM Act which imposes such fees. The GMM Act provides that leases granted under laws subsisting immediately before the coming

into force of the GMM Act shall continue to be governed by such pre-existing laws. As a result, the AGA Ghana Leases are still regulated by the Minerals and Mining Law, 1986 (PNDCL 153), as amended (notwithstanding the repeal of PNDCL 153 by the GMM Act).

Iduapriem

The Iduapriem has titlemine had been granted four different mining leases: the Iduapriem Mining Lease (36.47 km2), the Ajopa Mining Lease (46.12 km2), the Teberebie Mining Lease (28.53 km2) and the Ajopa South West Mining Lease (28.10 km2). All four mining leases expired between 2018 and 2019. All relevant documents were submitted to a 31 square kilometre mining lease granted on 19 April 1989apply for a periodthe renewal of 30 years.the leases in September 2017. In January 20092020, the Minerals Commission issued a Notice of Grant of Mining Lease for all four leases and the LNR Minister approved the grant of the mining leases. All four renewed leases will expire in February 2025.

AGA Iduapriem obtained a new mining lease,is required to pay an annual mineral right fee of $178,000 with respect to the Iduapriem Lease, $136,000 with respect to the Teberebie Lease, $134,000 with respect to the Ajopa Concession, for a period of 10 years. The concession covers an area of 48.34 square kilometres. In December 2011South West Lease and $220,000 with respect to the Minister of Lands and Natural Resources gave his consent for Teberebie’s title to a 25.83 square kilometre mining lease, granted in June 1992 for a period of 30 years, to be assigned to Iduapriem. While ownership of the lease has passed to Iduapriem, the registration of the transfer of the lease is still in process.



Ajopa lease.

Guinea

General laws relating to mining

In Guinea, all mineral substances are the property of the State. Mining activities are regulated by law L/2011/006/CNT dated 9 September 2011 as amended by law L/2013/053/CNT dated 8 April 2013 and promulgated by decree D/2013/075/PRG/SGG dated 17 April 2013 (together, the Guinea Mining Code).

The Guinea Mining Code is accompanied and implemented by various implementation decrees. To date, various decrees have been adopted, including decree D/2014/015/PRG/SGG adopting a model of mining convention, dated 17 January 2014, order A/2016/1584/MMG/SGG related to the administration’s capacities for the management of integrated mining projects (PARCA-GPI) and its steering committee, dated 6 June 2016, decree D/2016/163/PRG/SGG on the national agency for the development of mining infrastructures (ANAIM), dated 13 June 2016, and decree D/2016/215/PRG/SRG on the appointment of executives to the Ministry of Mines and Geology, dated 8 July 2016. In 2017, the modalities regarding the use of the mining companies’ financial contribution to the development of the local communities and the rules applying to the Local Development Fund (Fodel) created under the Guinea Mining Code have been enacted through the adoption of decree D/2017/285/PRG/SGG setting the conditions for the constitution and management of the Fodel, dated 31 October 2017 and the joint order A/2017/6326/MMG/MATD/SGG setting out the conditions for the use, management and control of the Fodel, dated 22 November 2017. Also, a joint order AC/2017/3228/MATD/MMG/SGG updating the act on the establishment, attribution and functioning of the coordination committees in mining communities (CCLMS), dated 21 July 2017 has been issued by the Ministry of Territorial Administration and Decentralisation and the Ministry of Mines and Geology. The main purpose of the CCLMs, in which all concerned mining companies are represented, being to prevent and settle disputes that may arise in mining communities. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of the joint order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee.

AngloGold Ashanti’s rights and permits

The right to undertake mining operations in Guinea can only be acquired by virtue of one of the following mining titles: surveying permit, small-scale mining licence, exploration licence, mining licence or mining concession.

The group’s Guinea subsidiary, Société AngloGold Ashanti de Guinée SA (SAG), has title to the Siguiri mine in the form of a mining concession, granted by virtue of Presidential Decreedecree D/97/171/PRG/SGG dated 4 August 1997, for a period of 25 years (the Mining(Mining Concession). The Mining Concession was originally covered by a mining convention entered into with the Republic of Guinea on 11 November 1993 (the Convention(Convention de Base) and amended in 2005. The Convention de Base provided for an initial duration of 25 years and would have expired in 2018.

The Guinea Mining Code, which came into force after the conclusion of the Mining Convention de Base, confirms the validity of mining titles previously issued. The Guinea Mining Code also provides that for holders of validly signed and ratified mining conventions, the application of the Guinea Mining Code will take place by way of amendments to the relevant mining convention (in the case of SAG, the Convention de Base), which amendments are to be negotiated between the mining conventionconcession holder and the State.

On 28 June 2016, SAG and the Government of Guinea concluded a revised and consolidated convention de base (the Revised(Revised Convention de Base) which encompasses a renewal of the term of the original Convention de Base and other amendmentamendments necessary to support an expansion project proposed to extend the life of the Siguiri mine (the Expansion).

In compliance with the provisions of the Guinea Mining Code, the Revised Convention de Base was ratified by the Guinean National Assembly (law L/2016/N°067/AN dated 30 December 2016, promulgated by decree D/2017/015/PRG/SGG dated 24 January 2017),

submitted to the Guinean Supreme Court which rendered a favourable opinion (judgment N°AC 005 dated 16 January 2017), and ratified by the President of the Republic of Guinea (decree D/2017/021/PRG/SGG dated 24 January 2017).

As a consequence, as and from 24 January 2017, the Revised Convention de Base has cancelled and replaced the original Convention de Base and governs the operations at the Siguiri mine and under the Mining Concession.

Key elements of the Revised Convention de Base include the following:

a duration of 25 years, expiring 23 January 2042, subject to further renewal if mining operations continue at that time; and with the term of the Mining Concession being aligned with the term of the Revised Convention de Base such that the Mining Concession will be renewed as long as the Revised Convention de Base remains in force;
SAG’s operations remain governed by the 1995 Guinea Mining Code (the prior mining code) and are only subject to the provisions of the Guinea Mining Code to the extent they are expressly set out in the Revised Convention de Base;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Convention de Base, and subject to certain conditionconditions being met, any renewal period(s);
the Republic of Guinea holds a 15 percent free-carried/non-contributory interest;
the Republic of Guinea is entitled to a royalty on gold of five5 percent based on a spot gold price as per LBMA fixing (PM) up until the date of steady state commercial production of the first phase of the Expansion, after which the royalty rate applicable to gold will vary depending on threshold prices as per LBMA fixing (PM), namely: three3 percent if the gold price is USD 1,300 or less, five5 percent, if above USD 1,300 and up to USD 2,000 and seven7 percent if above USD 2,000;
SAG will enjoy a 5 year5-year income tax holiday as and from the beginning of steady state commercial production of the first phase of the Expansion, after which the income tax rate is set at 30 percent;
a local development tax of 0.4 percent is payable on the sale price for gold and silver received by SAG up until 31 December 2027, after which it will be increased to 0.6 percent;

salaries of expatriate employees are subject to a 10 percent income tax;
goods imported into Guinea for purposes related to the construction and commissioning of the first phase of the Expansion are exempt from all customs taxes and duties; and
SAG is committed to adopting and progressively implementing a plan for the effective rehabilitation of the mining areas disturbed or affected by its operations.

The Mining Concession covers an area divided into four blocks and totalling approximately 1,495 square kilometres.km2. SAG has the exclusive right to explore and mine in any part of the concession area for the duration of the period of the Revised Convention de Base. The Revised Convention de Base also grants SAG with the option to secure certain land rights over additional areas currently covered by exploration permits, but to which SAG may need access for purposes of establishing roads or storage of tailings.

The Revised Convention de Base is subject to early termination if the parties formally and expressly agree to it, if the last of the mining title held by SAG expires or is relinquished without any renewal application having been filed, if all project activities are voluntarily suspended for a continuous period of twelve12 months or are permanently abandoned by SAG;SAG, or if SAG goes into voluntary liquidation or is placed into liquidation by a court of competent jurisdiction.

Mali

Mineral rightsGeneral laws relating to mining

Mining Reform

The mining industry in Mali are governed by law n°2010-015 datedis currently undergoing a reform as the mining code enacted on 27 February 2012 bearing(2012 Mali Mining Code), which, until recently, was the primary regulation in the mining sector, was replaced by ordinance No.2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (2019 Mali Mining Code). The revision process of Malian mining legislation is not yet completed as the 2019 Mali Mining Code (Newis to be supplemented by one or several decree(s) containing the conditions of implementation of the 2019 Mali Mining Code), replacing ordinance No. 99-32/P-RMCode. While the 2019 Mali Mining Code has entered into force, it appears that the Malian authorities are awaiting the finalization of 19 August 1999 enacting the previous mining code, as amended by ordinance n°013/2000/P-RM of 10 February 2000 and ratified by law n°00-011 of 30 May 2000 (1999 Mining Code), and Decree No. 99-255/P-RM of 15 September 1999various implementing decree(s) to actually enforce the 2019 Mali Mining Code.

Due to stabilisation clauses inPending the agreement definingeffective enforcement of the mining rights and obligations of AngloGold Ashanti entities in2019 Mali (further described below),Mining Code by the Malian authorities, the mining operations carried out by the AngloGold Ashanti entities in Mali are(as further described below), benefit from the stabilisation clauses in their mining conventions, and thus remain subject to the provisions of the previous mining codes of 1970 and 1991 butand are also, for residual matters, expressly subject to the provisions of the 19992012 Mali Mining Code. The transitory rules of the 2012 Mali Mining Code (see “Applicablespecify that provisions in respect of certain matters such as administrative surveillance, mine police, rehabilitation and mine closure apply to mining regime” below). As a consequencetitles issued prior to its entry into in force.

Once the New2019 Mali Mining Code does not applyis enforced by the Malian authorities, AngloGold Ashanti entities in Mali will be subject to all the provisions of the 2019 Mali Mining Code except with respect to the relevantvalidity, scope and duration of their exploitation permits and the provisions on tax and customs regime contained in their mining operations.conventions for their remaining duration. In this regard, the transitory

Applicablerules of the 2019 Mali Mining Code specify that mining conventions in force remain valid for their remaining term and their holders continue to benefit from the stability of the tax and customs regime set out therein.

Mining regime

ProspectingThe mining regime deriving from the 2019 Mali Mining Code remains incomplete to date, pending the adoption of the implementing decree(s).

Exploration and prospecting activities are carried out under prospecting authorisations (autorisationexploration authorizations (autorisation d’exploration) or exploration permits (permis de prospection)recherche). The authorisationsExploration authorizations and exploration permits give an individual or corporate entitytheir holder the exclusive right to carry out prospectingexploration activities over a given areaarea. Exploration authorizations are granted for a non-renewable period of three years, renewable without a reduction in the area covered by the authorisation. Exploration activities may be carried out underwhile exploration permits (permis de recherche). The latter are granted to corporate entities only by order of the Minister of Mines. Exploration permits are granted for a period of three years, renewable twice for additional three-year3-year periods. Each renewal requires

Applications for exploration authorizations and exploration permits must contain various documents attesting to the permit holder to relinquish 50 percentfinancial and technical capacity of the area coveredapplicant as well as a detailed works and costs programme. Exploration authorizations are granted by such permit. The entity applying for such a permit must provide proof of technical and financial capabilities.the Mining Administration (Administration chargée des Mines) while exploration permits are granted by Ministerial Order.

AnA large scale permit exploitation permit (permis d’exploitation)(permis d’exploitation de grande mine) is required to mine a deposit located within the area of a prospecting authorisation or an exploration permit. The large scale exploitation permit grants an exclusive right to prospect, explore and exploit the named substances and proceed with the processing and commercialization of the substances extracted within its perimeter. Large scale exploitation permits are granted for a maximum period of 3012 years renewable three times for an additional 10 years.year-periods until depletion of the deposits. The large scale exploitation permit is granted only to the holder of an exploration permit or of a prospecting authorisation and covers only the area governed by the exploration permit or the prospecting authorisation.permit. An application must be submitted to the Minister ofMining Administration (Administration chargée des Mines and to the National Director of Mines.).

As soon as the large scale exploitation permit is granted, the permit holder must incorporate a company under the lawlaws of Mali. The permit holder will assign the large scale exploitation permit for free to this company. The State will have a 10 percent free carriedfree-carried interest in the company. This interest will be converted into priority shares and the State’s participation will not be diluted in case of an increase in capital. In addition, the company is required to ensure that private Malian investors are offered the possibility to acquire 5 percent of their capital.

Applications for large scale exploitation permits must contain various documents attesting to the financial and technical capacity of the applicant, a feasibility study, a detailed environmental study in respect of the impact of the project on the environment, an environmental permit, a feasibility studyclosure and rehabilitation plan as well as a bank deposit.community development plan. The large scale exploitation permit is granted by decree of the Head of Government. Refusal to grant a permit may only be based on two grounds: insufficient evidence to support the exploitation of the deposit or the failure of the environmental study.

Applications for prospecting authorisations and exploration permits must contain various documents attesting to the financial and technical capacity of the applicant, a detailed works and costs programme, a map defining the area which is being requested and providing geographical coordinates, the exact details relating to the identity of the applicant and evidence of the authority of the signatory of the application. Such titles are granted by ministerial order. Any refusal to grant such titles shall be notified by letter from the Minister of Mines to the applicant.

All mining titles mentioned above require an establishment convention (convention(convention d’établissement)tablissement) to be signed by the State and the titleholder defining their rights and obligations. A standard formobligations, the duration of such establishment convention has been approved by decree of the Head of Government.



which is 20 years.

AngloGold Ashanti’s rights and permits

Historically, AngloGold Ashanti hashad interests in Morila, Sadiola and Yatela, all of which are governed by establishment conventions covering exploration, mining, treatment and marketing in a comprehensive document. These documents include general provisions regarding exploration (work programme, fiscal and customs framework) and exploitation (formation of a local limited liability mining company, State interest, fiscal and customs framework governing construction and exploitation phases, exchange controls, marketing of the product, accounting regime, training programmes for local labour, protection of the environment, reclamation, safety, hygiene and dispute settlement).

AngloGold Ashanti has complied with all applicable requirements and the relevant permits have beenwere issued (subject to the developments regarding the permit for Yatela, as described below). Morila, Sadiola and Yatela have 30-year permits which expire in 2029, 2024 and 2030, respectively.

Morila’s Exploitation Permitexploitation permit covers approximately 200 square kilometreskm2 and was issued on 4 August 1999. Morila has a 30-year permit which expires in 2029. Mining of ore has ceased at Morila.

On 23 December 2019, AngloGold Ashanti announced that it, together with its joint venture partner IAMGOLD Corporation, has agreed to sell their interests in Société d’Exploitation des Mines d’Or de Sadiola S.A. to Allied Gold Corp. This sale transaction is subject to the fulfilment, or waiver, of a number of conditions precedent which are expected to be fulfilled or waived by the end of April 2020. Sadiola’s prospecting and exploitation agreement covers approximately 303 square kilometreskm2 and was originally entered into on 5 April 1990. Sadiola has a 30-year permit which expires in 2024.

On 14 February 2019, AngloGold Ashanti sold, together with its joint venture partner IAMGOLD Corporation, their holdings in Société d’Exploitation des Mines d’Or de Yatela hasto the Government of Mali. Certain conditions precedent currently remain outstanding. Prior to the sale, Yatela had begun the implementation of a closure plan in order to relinquish the property. In parallel, discussions havehad been ongoing for the Government of Mali to take over the residual operations as well as the implementation of the closure plan. In the course of these discussions, an administrative error occurred, leading to the cancellation of Yatela’s permit through decree 2017/0613/PM-RM dated 28 July 2017, notified to Yatela on 5 October 2017. Attempts haveThis error has since then been made to correct this error, notablycorrected through the issuance of decree 2017-00951/PM-RM dated 28 November 2017 and decree n°2018-0368/PR-RM dated 12 April 2018, the purpose

of which purportswas to abrogate the 28 July 2017 cancellation decree. This measure is consideredreinstate Yatela in all of its rights under its exploitation permit. Yatela’s exploitation permit covers approximately 212 km2. Yatela has a 30-year permit which expires in 2030.

Tanzania

General laws relating to be insufficient and other legal options are being explored in collaboration with the Malian authorities to cure this administrative error and to fully restore the permit for Yatela.mining

Tanzania Mining Act and Tanzania Mining Regulations

Mineral rights

Mineral rights in the United Republic of Tanzania are principally governed by the Mining Act, of 2010 (No. 14) (Tanzania Mining Act), as amended in 2017 by the Written Laws (Miscellaneous Amendments) Act, 2017 (No. 7) and which was revised and published by the Attorney General of Tanzania on 30 October 2018 as the Mining Act, Chapter 123 (R.E. 2018), and the Mining Regulations, 2010 (Tanzania Mining Regulations), as amended in 2018, which include: Mining (Mineral Rights) Regulations 2018; Mining (Environmental Protection For Small Scale Mining) Regulations 2010; Mining (Mineral Beneficiation) Regulations, 2018;2018 as amended in 2019; Mining (Minerals and Mineral Concentrates Trading) Regulations 2018; Mining (Safety, Occupational Health and Environmental Protection) Regulations 2010;, 2018 as amended in 2019; Mining (Radioactive Minerals) Regulations 2018,, 2018; Mining (Local Content) Regulations, 2018 theas amended in 2019; Mining (Geological Survey) Regulations, 2018,2018; and the Mining (Audit and Inspection of Records) Regulations, 2018. Other regulations are: Mining (Environmental Protection For Small Scale Mining) Regulations, 2010; Mining (Safety, Occupational Health and Environmental Protection) Regulations, 2010; Mining (Mineral and Gem Houses) Regulations, 2019; Mining (Mining Shareholding and Public Offering) Regulations, 2016 as amended in 2017; Mining (Diamond Trading) Regulation, 2019; Natural Wealth and Resources (Permanent Sovereignty) Code of Conduct for Investors in Natural Resources Regulations, 2020 (Permanent Sovereignty Regulations); and The Natural Wealth Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020. The application of the Code of Conduct under the Permanent Sovereignty Regulations extends to employees, agents, suppliers and consultants and requires them to comply with other binding instruments and decisions made based on such instruments, in addition to policies, laws and regulations. The Permanent Sovereignty Regulations make it mandatory to seek the advice of an office bearer or the office of Attorney General, if the requirements of the Code, provisions of the Mining Act or other instruments relating to natural wealth and resources become ambiguous, unclear or in conflict resulting into uncertainty. Further, the Code of Conduct requires investors to conduct periodic reviews in respect of their compliance with such legislation in order to ensure that the investment does not result into unconscionable behaviours prohibited by the laws of Tanzania.

The Tanzania Mining Act and the Tanzania Mining Regulations came into force in November 2010 followed by amendments to the Tanzania Mining Act of Julyin 2017 and subsequent amendments to the Tanzania Mining Regulations in 2018 and 2019.

Amendments of the Tanzania Mining Act and the Tanzania Mining Regulations

As mentioned above, the Tanzania Mining Act was amended in 2017 followed by an amendment of the Tanzania Mining Regulations in 2018, together with an Executive Order introducing the following:
Dissolution of the Tanzania Minerals Audit Agency whose functions and powers have now been transferred to the Geological Survey of Tanzania (GST);
Dissolution of the Mining Advisory Board and introduction of the Tanzania Mining Commission. The functions and powers of the Mining Advisory Board have been taken over by the Mining Commission, including the functions of the Commissioner for Minerals. However, the Mining Commission has been made responsible for matters related to auditing and monitoring of mineral production in Tanzania. The Mining Commission has powers to audit quality and quantity of mineral produced and exported by mining entities, financial records of mining entities for the purposes of tax assessments, and environmental management expenditures of the mining entities for the purpose of assessment of compliance to the mine closure plan. Mineral rights holders were required to submit all geological information in their possession to the GST;
A local content requirement for procurement of goods and services: the Tanzania Mining Act requires that mining companies must give: (i) first consideration to good and services provided or manufactured in Tanzania where they meet mining industry specifications (established by the Standards Authority / internationally acceptable standards), (ii) first consideration for employment to qualified Tanzanians, and (iii) adequate provision for on-the-job training of Tanzanians. Specific minimum local content thresholds are specified in Schedule 1 to the Tanzania Mining Regulations. These will be determined by the Mining Commission alongside the work programme. The relevant Minister may prescribe additional minimum local content thresholds;
To qualify for holding a Mining Licence in Tanzania, 5 percent of a licensee’s equity must be held by Tanzanians, with 80 percent of its managerial positions held by Tanzanians and 100 percent of other positions held by Tanzanians, in addition to the shareholding of the Government of Tanzania pursuant to Section 10 of the Tanzania Mining Act (i.e. free-carried interest). This amount is determined, and may be varied, by the relevant Minister;
Establishment of the Local Content Committee (LC Committee) which will oversee the implementation of the Tanzania Mining Regulations and which is composed of a member of the Mining Commission, the Director of Labour and Employment, a member of the Tanzania Private Sector Foundation, the CEO of the Geological Survey of Tanzania, the head of legal services at the Ministry for Minerals and the Executive Secretary of the Mining Commission. The LC Committee sets minimum standards for local content plans and reports to the Mining Commission;
Introduction of a statutory procedure for the conduct of Corporate Social Responsibility (CSR), whereby a company is required to prepare annually a credible CSR plan jointly agreed with the local government authorities in consultation with the Minister for Finance and the Minister for Local Government Authorities; and
Cancellation of retention licences; right over such licences revert to the Government of Tanzania.


Minimum shareholding and public offering

The Mining (Minimum Shareholding and Public Offering) Regulations, 2016 came into force by Government Notice No. 286 published on 7 October 2016 and revised by amendment on 24 February 2017. On 10 January 2018. 2018, the Government of Tanzania published its new Tanzania Mining Regulations, 2018, which contain, amongst others, the implementation provisions of the amended Tanzania Mining Act.

The regulations set out the requirement to sell shares to Tanzanian nationals, by way of a public offering and listing on the Dar es Salaam Stock Exchange, which will apply to companies that are carrying out large scale mining operations. The regulations also require all existing holders of a special mining licence to list a minimum of 30 percent of their shares on either the Main Investment Market or the Enterprise Growth Market Segment of the Dar es Salaam Stock Exchange within 6 months of the regulations coming into force, which was on 24 February 2017. However, we believe the listing requirement conflicts with the mining development agreement.

Arbitration

Along with other major mining companies, AngloGold Ashanti’s subsidiaries are seeking a constructive dialogue with the Government of Tanzania to gain assurances that the Geita gold mine will not be affected by the legal and fiscal changes mentioned above, given their mining development agreements which guarantee fiscal and regulatory stability as well as an agreement between all parties before material legal and regulatory changes are made. As a precautionary step to safeguard its interests, AngloGold Ashanti commenced international arbitration proceedings against the Government of Tanzania in connection with the enactment of this legislation in July 2017. These arbitral proceedings are currently stayed until 13 May 2020 in order to afford the parties the opportunity to achieve an amicable resolution of the dispute.

The arbitration action against the Government of Tanzania seeks declaratory relief in accordance with the terms of the mining development agreement to preserve the company’ and its shareholders’ rights and interests in the Geita gold mine, including confirmation from the Government of Tanzania that the company is exempt from the listing requirement. The arbitration proceedings also seek to confirm that AngloGold Ashanti does not, as a result of its existing mining development agreement, fall within the scope of the new mining legislation, under which the Government of Tanzania has the right to (i) renegotiate existing mining agreements at its discretion, (ii) receive a free-carried interest of no less than 16 percent in all mining projects, and (iii) acquire up to 50 percent of the shares of the mining company commensurate with the total tax expenditure incurred by the Government in favour of the mining company, and which includes an increase in the rate of revenue royalties from 4 to 6 percentand a 1 percent clearance fee. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirement, will not apply to its operations in Tanzania and the outcome of the arbitration action may have a material adverse impact on the company’s results of operations and financial condition. See also “Item 8A: Legal Proceedings-Tanzania”.

Mineral right licences

Ownership of and control over minerals on, in or under the land vest in the President of the United Republic of Tanzania. No person is allowed to prospect for minerals or carry on mining operations except pursuant to the authority of a mineral right licence granted, or deemed to have been granted, under the Tanzania Mining Act or its predecessor acts.

To enable a company to prospect or mine, the Tanzania Ministry of Minerals (MEM) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MEM may then grant a form of licence for mining. Licensing decisions take into account the abilities of the company (including its mining, financial and technical capabilities), projected rehabilitation programmes, environmental compliance and the payment of royalties.

The following licences can be applied for under the Tanzania Mining Act:

Licences for Exploration:
prospecting licence; and
gemstone prospecting licence.

Licences for Mining:
special mining licence (if the proposed capital investment is equal to at least US$USD 100 million);
mining licence (if the proposed capital investment is equal to between $100,000USD 100,000 and $100USD 100 million); and
primary mining licence (reserved for Tanzanian citizens).

Licences for Ancillary Activities:
processing licence;
smelting licence; and
refining licence.



For purposes of AngloGold Ashanti’s Geita Gold Mine,gold mine, only prospecting retention and special mining licences are relevant.


A prospecting licence grants the holder the exclusive right to prospect in the area covered by the licence for all minerals within the class of minerals applied for. The classes that can be applied for include, (amongst others):
amongst others, metallic minerals;
energy minerals;
gemstones other than kimberlitic diamonds; and
kimberlitic diamonds.

An application for a prospecting licence is made to the Mining Commission and the licence is valid for a periodan initial term of four years. After the initial term, the licence is renewable for a further period but there isof three years, with no option to renew after the first renewal.for renewal thereafter. Upon each renewal, 50 percent of the area covered by the licence must be relinquished. A company applying for a prospecting licence must, amongst other things, state the financial and technical resources available to it.

Holders of prospecting or retention licences over a tenement will not automatically have first right to any mining licence granted over that tenement. However, in practice, they will be best positioned to meet the requirements to be granted a form of licence for mining.

Holder of prospecting licences have the obligations to: (i) commence prospecting operations within three months or such further period as the Mining Commission may allow from the date of the grant of the licence or the date as stated in the licence as commencement date; (ii) give notice to the Mining Commission on discovery of any mineral deposit of potential commercial value; and (iii) adhere to the prospecting programme which is attached to the licence and expend on prospecting operations not less than the amount prescribed.

A prospecting licence is not freely transferable and requires the Mining Commission to be notified of any transfer of a prospecting licence. The Mining Commission will refuse to register the transfer unless the transferee proves that it meets the financial and technical capability criteria required to apply for such licences.

Mining Licence / Special Mining Licence

Mining is mainly carried out through either a mining licence or a special mining licence, both of which confer on theirthe holder the exclusive right to conduct mining operations in or on the area covered by the licence. A special mining licence is granted for the shorter of either the estimated life of the ore body indicated in the feasibility study report or such period as the applicant may request. It is renewable for a further period not exceeding the estimated life of the remaining ore body.

The holder of a special mining licence may apply for renewal of its licence at any time but no later than one year before the expiry of the licence. The renewal shall not be for a period exceeding the estimate life of the remaining ore body. The Mining Commission may reject an application for renewal if: (i) the applicant is in default; (ii) the applicant was issued with a notice of default and failed to rectify the default or the default is capable of remedial; (iii) the development of the area has not proceeded with reasonable diligence as agreed in the relevant mining development agreement; (iv) minerals are not produced in workable quantities; (v) the program of intended mining operations for the renewal will not ensure proper development of resources; and (vi) the applicant does not have the relevant environmental certificate as required by the Environmental Management Act, 2004 (No. 20).

Except in the case of a special mining licence, a mineral right may be freely transferred by its holder (in whole or in part) to another person or entity without requiring consent from the MEM. However, the Mining Commission must be notified of any transfer of a prospecting licence and will refuse to registerwhich is the transfer unless the transferee proves that it meets the financial and technical capability criteria required to apply for such licences.relevant licensing authority. The grant and assignment of a special mining licence generally requires the approval of the Cabinet after the Mining Commission has forwarded the application to the Minister of Minerals for further approval. There are limited exceptions to the requirement for the licensing authority’s consent (such as transfers to an affiliate company of the licence holder or to a financial institution or bank as security for any loan or guarantee in respect of mining operations).

Special mining licences have certain fiscal and other advantages over mining licences, as the holder of a special mining licence may enter into a mining development agreement with the Government of Tanzania (GoT) to guarantee the fiscal stability of a long-term mining project and make special provision for the payment of royalties, taxes, fees and other fiscal imposts and a special mining licence holder may, in certain circumstances, unilaterally amend the programme of the mining operations agreed with the MEM.

AngloGold Ashanti has concluded a development agreement with the Ministry and was issued a specialTax laws relating to mining licence covering approximately 196 square kilometres for a period of 25 years, which expires on 26 August 2024.

On 9 October 2014 an addendum to the development agreement was entered into ratifying the following changes:

An increase in the royalty rate from three percent to four percent with effect from 1 May 2012;
With effect from the financial year 2015, the capital allowance applicable to the unredeemed qualifying capital expenditure (15 percent per annum) referred to in section 18(a) of the Income TaxFinance Act No 33 of 1973 shall no longer apply; and
With effect from 1 July 2014, Geita Gold Mining Limited is liable to pay the Geita District Council Levy at a rate of 0.3 percent on turnover (no longer capped at US$200,000 per annum).

The Fiscal Regime

The Finance Act, 2015 (No. 16) which was assented to on 28 June 2015 and came into force on 1 July 2015 contains a provision for a 30 percent capital gains tax on the sale of shares by an off-shoreoffshore parent company. This provision was introduced by the Finance Act, 2012 (No. 8) and in this legislation, additional changes were also made to the procedure for payment of capital gains tax by the seller of shares. Tax at the rate of 30 percent is payable by way of an initial instalment of 20 percent on the transfer, based on the notional gain that the seller would make after a further instalment of the remaining 10 percent is due.

The Finance Act, 2017 (No. 4) came into force on 1 July 2017 and imposes and alters certain taxes, duties, levies and fees. It further amends certain written laws relating to the collection and management of public revenue. Among other provisions, it has introduced inspection or clearance fees on the exportation or domestic use of minerals. Such exportation or domestic use is restricted unless

such minerals have been inspected or cleared at the mining areas, ports, airports, border or posts and the clearing fee of 1 percent of the gross value of the minerals has been paid by the exporter or any other person in possession thereof.

Value Added Tax Act

The Value Added Tax Act, 2014 (the VAT(No. 5) (VAT Act), which came into force on 1 July 2015, restricts VAT relief on purchases made by mining companies. The VAT Act is specific in that it provides that no purchase by companies is exempt or zero rated, unless specified by the law. Previously mining companies were entitled to 100 percent VAT relief.

Local Government Levies

As mentioned above,below, following the signature of thean addendum to the mining development agreement, Geita Gold Minegold mine is required to pay local government a service levy of 0.3 percent of its gross annual turnover in line with the Local Government FinanceFinances Act, No.9 of 1982.1982 (No. 9).


Environmental Management Fees and Charges

New labour law requirementsThe Environmental Management (Fees and Charges) (Amendment) Regulations, 2016 (EM Regulations), which came into effect on 2 May 2016, introduced new fees in relation to the review of the Environmental Impact Assessment on projects by the National Environmental Management Council (NEMC). According to the EM Regulations, the fees involved are “0.1 percent of the total project costs”. However, the EM Regulations have not defined the term “project cost” nor have they provided a detailed breakdown on the determination of the project cost.

Labour laws

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, (the Non-Citizens2015 (No. 1) (Non-Citizens Act), 2015 came into force. The Non-Citizens Act vests powers concerning work permitpermits with the Labour Commissioner. Therefore, non-citizens wishing to be employed in the country are required to apply and be granted a work permit before applying for a residence permit. Before granting the work permit, the Labour Commissioner must satisfy himself that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan which sets out a well-articulated plan for the transfer of the non-citizen’s knowledge and expertise to Tanzanian citizens. Moreover, the Commissioner General of Immigration is required to take into consideration conditions of the work permit issued by the Labour Commissioner when granting a residence permit.

Previously, the issuance of a residence permit was inclusive of a work permit. The resident permit covered working and living in Tanzania.

Further, the Non-Citizens Act introduced the Short-Term Permit (STP). The STP is granted to non-citizens who wish to work in the country for a period of not more than six months; foreignersmonths. Foreigners intending to work in Tanzania for more than 3three months are required to apply for an STP. The application for an STP is made to the Ministry of Labour and Employment.

Section 46(6) of the Social Security Laws (Amendments) Act, 2012 (No. 5) amended the National Social Security Fund Act, 1997 (No. 28) by providing that “an employer of a non-citizen shall remit contribution for such employee in accordance with the Act”. This means that from 15 June 2012 non-citizens are also required to be insured as any other person and their contributions should be channelled to the Nationals Social Security Fund.

The Workers’ Compensation Act, 2008 (No. 20) requires a company as the employer to contribute 1 percent of the employee’s salary and fixed allowance to the Workers Compensation Fund. Following the adoption of the Workers’ Compensation Regulations 2016, all employers were required to implement the requirements of the Workers’ Compensation Act by 30 June 2016.

Transparency and Accountability requirementsaccountability laws

In 2015, the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (the TEI Act)(No. 23) (TAA) came into force.

The TEI ActTAA establishes the Tanzania Extractive Industries (Transparency and Accountability) Committee (the(TAA Committee), which is an independent Government entity which is an oversight body for promoting and enhancing transparency and accountability in the extractive industry.

The TAA Committee has powers under the TEI ActTAA to impose obligations on specified extractive industries and statutory recipients to receive information on reconciliation on payments made and revenues received by the GoT.Government of Tanzania. In addition, an extractive industry is required under the TEI ActTAA to submit to the TAA Committee annual reports containing information on local content and corporate social responsibility. Further, the TAA demands all concessions, contracts and licences to be made public as well as all revenue collected from the extractive industry.

Amendment of the Tanzania Mining Act and the Mining RegulationsNatural resources legislation

The Tanzania Mining Act (Mining Act) was amended in July 2017 followed by an amendment of the Mining Regulations in 2018, together with an Executive Order introducing the following:

Dissolution of the Tanzania Minerals Audit Agency (TMAA). All of TMAA’s functions and powers are now transferred to the Geological Survey of Tanzania (GST).
Dissolution of the Mining Advisory Board and introduction of the Mining Commissions. The functions and powers of the Mining Advisory Board have been taken over by the Mining Commissions including the functions of the Commissioner for Minerals. However, the Mining Commissions have been made responsible for matters related to auditing and monitoring of mineral production in Tanzania. The Mining Commissions have powers to audit quality and quantity of mineral produced and exported by mining entities, financial records of mining entities for the purposes of tax assessments, and environmental management expenditures of the mining entities for the purpose of assessment of compliance to the mine closure plan. Mineral rights holders were required to submit all geological information in their possession to the GST.
A local content requirement for procurement of goods and services: the Mining Act requires that mining companies must give: (i) first consideration to good and services provided or manufactured in Tanzania where they meet mining industry specifications (established by the Standards Authority / internationally acceptable standards), (ii) first consideration for employment to qualified Tanzanians and (iii) adequate provision for on-the-job training of Tanzanians. Specific minimum local content thresholds are specified in Schedule 1 to the Mining Regulations. These will be determined by the Commission alongside the work programme. The Minister may prescribe additional minimum local content thresholds.
Mining Licence: To qualify for holding a Mining Licence in Tanzania, five percent of a licensee’s equity must be held by Tanzanians, with 80 percent of its managerial positions held by Tanzanians and 100 percent of other positions held by Tanzanians), in addition to the shareholding of the GoT pursuant to Section 10 of the Mining Act (i.e. free carried interest). This amount is determined, and may be varied, by the Minister.
Establishment of the Local Content Committee (LC Committee) which will oversee the implementation of the Mining Regulations and which comprised of a member of the Commission, the Director of Labour and Employment, a member of the Tanzania Private Sector Foundation, the CEO of the Geological Survey of Tanzania, the head of legal services at the Ministry for Minerals and the Executive Secretary of the Commission. The LC Committee sets minimum standards for local content plans and reports to the Commission.
Cancellation of retention licences; right over these revert to the GoT.

The Mining (Minimum Shareholding and Public Offering) Regulations, 2016 came into force by Government Notice No. 286 published on 7 October 2016 and revised by amendment on 24 February 2017. On 10 January 2018, the GoT published its new Mining Regulations, 2018, which contain, amongst others, the implementation provisions of the amended Mining Act.




The regulations set out the requirement to sell shares to Tanzanian nationals, by way of a public offering and listing on the Dar es Salaam Stock Exchange, which will apply to companies that are carrying out large scale mining operations. The regulations also require all existing holders of a special mining licence to list a minimum of 30 percent of their shares on either the Main Investment Market or the Enterprise Growth Market Segment of the Dar es Salaam Stock Exchange within six months of the regulations coming into force, which was on 24 February 2017. However, we believe the listing requirement conflicts with the development agreement.
Along with other major mining companies, AngloGold Ashanti’s subsidiaries are seeking a constructive dialogue with the GoT to gain assurances that the Geita Gold Mine will not be affected by these legal and fiscal changes, given the Mine Development Agreements which guarantee fiscal and regulatory stability as well as agreement between all parties before material legal and regulatory changes are made. As a precautionary step to safeguard its interests, AngloGold Ashanti has commenced international arbitration proceedings against the GoT in connection with the enactment of this legislation, as first announced in July 2017.

The arbitration action against the GoT seeks declaratory relief in accordance with the terms of the Mine Development Agreements to preserve the companies’ and their shareholders’ rights and interests in the Geita Gold Mine, including confirmation from the GoT that the companies are exempt from the listing requirement. The arbitration proceedings also seek to confirm that AngloGold Ashanti does not, as a result of its existing mining agreements, fall within the scope of the new mining legislation, under which the GoT has the right to renegotiate existing mining agreements at its discretion, the right to receive free-carried interest of no less than 16 percent in all mining projects, the right to acquire up to 50 percent of any mining asset commensurate with the value of tax benefits provided by the owner of the asset and which includes an increase in the rate of revenue royalties from four to six percent. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirement, will not apply to its operations in Tanzania and the outcome of the arbitration action may have a material adverse impact on the company’s results of operations and financial condition.

Environmental Impact Assessment Regulations

The Environmental Management (Fees and Charges) (Amendment) Regulations, 2016 (the Regulations) which came into effect on 2 May 2016 introduced new fees in relation to the review of the Environmental Impact Assessment on projects by the National Environmental Management Council (NEMC). According to the Regulations, the fees involved are ‘0.1% of the total project costs’. However, the Regulations have not defined the phrase ‘project cost’ nor have they provided a detailed breakdown on the determination of the project cost.

Natural Resources Legislation in Tanzania

The government of Tanzania enacted two Natural Resources laws in respect of natural resources that came into force in July 2017. The two laws are The2017: the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017 (No. 6) (Unconscionable Terms Act)

and Thethe Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (together,(No. 5) (Permanent Sovereignty Act and together with the Unconscionable Terms Act, the Natural Resources laws).

The Natural Resources laws provide that Tanzania has sovereignty over its natural resources and require that all arrangements or agreements that relate to “natural wealth and resources” are subject to review by the National Assembly. InSuch agreements must fully secure the interests of the people of Tanzania. During a review all unconscionable terms as interpreted in accordance with the law are expunged from the agreement. The laws also require that new natural resources agreements to beare reviewed by the Government. The natural wealth and resources of Tanzania shall be inalienable and remain as the property of the people of Tanzania held in trust by the President.

In addition, under the laws, disputes over natural wealth and resources will not be subject to any proceedings in any foreign court or tribunal. As a result, investors are restricted from accessing international dispute resolution mechanisms. Accordingly, companies are now required to adopt Tanzanian law and local dispute resolution in all mining agreements. EveryAs such, all disputes will be handles by Tanzanian judicial bodies or any other Tanzania government body vested with powers to resolve disputes.

Moreover, every undertaking must demonstrate “guaranteed returns into the economy” from all earnings accrued or derived from such extraction, exploitation or acquisition and use. In addition, to ensure that the Government and the people of Tanzania obtain an equitable stake in the exploitation of mining resources, all project earnings must be retained in Tanzanian banks. Investors are also prevented from freely exporting raw minerals and repatriating funds.


In particular, under the Unconscionable Terms Act, a term is considered “unconscionable”, if the requirements or provisions of the agreement:
AUSTRALASIAAim at restricting the right of the state to exercise full permanent sovereignty over its wealth, natural resources and economic activity;
Are restricting the right of the state to exercise authority over foreign investment within the country and in accordance with the laws of Tanzania;
Are inequitable and onerous to the state;
Restrict periodic review of life-time arrangements or agreements;
Secure preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor;
Are restricting the right of the state to regulate activities of transnational corporations within the country and to take measures to ensure that such activities comply with the laws of the land;
Are depriving the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country;
Are by nature empowering transnational corporations to intervene in the internal affairs of Tanzania;
Are subjecting the state to the jurisdiction of foreign laws and foreign courts or tribunals;
Expressly or implicitly undermine the effectiveness of state measures to protect the environment or the use of environmental friendly technology; or
Aim at doing any other act the effect of which undermines or is injurious to the welfare of the people of Tanzania or the economic prosperity of the nation.

AustraliaSection 6 of the Unconscionable Terms Act specifically provides that where there is an unconscionable term, the National Assembly may pass a resolution for re-negotiation of the agreement whereupon the Government shall serve notice to the investor to re-negotiate the term or agreement. The Government and the particular investor have 90 days from the notice date to re-negotiate the term or agreement. This period can be extended if both parties consent. If both parties fail to revise the unconscionable term, the term will be deemed removed from the agreement.

AngloGold Ashanti’s rights and permits

The Geita gold mine is located in the Lake Victoria goldfields of the Mwanza region of Tanzania. AngloGold Ashanti has concluded a mining development agreement with the Ministry of Minerals on 24 June 1999 and was issued a special mining licence covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024.

On 9 October 2014, an addendum to the mining development agreement was entered into ratifying the following changes:
An increase in the royalty rate from 3 percent to 4 percent with effect from 1 May 2012;
With effect from the financial year 2015, the capital allowance applicable to the unredeemed qualifying capital expenditure (15 percent per annum) referred to in section 18(a) of the Income Tax Act, 1973 (No. 33) shall no longer apply; and
With effect from 1 July 2014, Geita Gold Mining Limited is liable to pay the Geita District Council Levy at a rate of 0.3 percent on turnover (no longer capped at USD 200,000 per annum as provided under Article 4 of the company’s mining development agreement).

In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining license from open pit to underground method, subject to the requisite terms and conditions.

AUSTRALIA

General laws relating to mining

In Australia, with a few exceptions, all onshore minerals are owned by the Crown. The respective Minister for each state and territory is responsible for administering the relevant mining legislation enacted by the states and territories.

Native Titletitle legislation applies to certain mining tenements within Australia. Australia recognises and protects a form of Native Titlenative title that reflects the entitlement of Aboriginal people to their traditional lands in accordance with their traditional custom and laws. Should Native Titlenative title claims or determinations exist, certain Native Titlenative title processes and procedures will apply under the Native Title Act 1993 (Cth) (Native Title Act) before the tenure is granted. Tenure may be granted subject to conditions relating to Native Titlenative title rights. In the mining context, Native Titlenative title matters are managed as part of the tenement grant process. If disputes arise in relation to the grant of a particular tenement, they can be referred to the National Native Title Tribunal, established under the Native Title Act, for resolution. Native title legislation also provides a framework for compensation to be paid for acts that affect native title rights and interests. Ordinarily, the relevant Commonwealth or State government is liable to pay compensation for acts attributable to it. However, under the Mining Act 1978 (WA) liability for compensation associated with native title can be passed back to the holder of a mining tenement at the time of a determination of native title compensation.


State and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the Native Titlenative title legislation. They exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. Where an area of heritage significance is placed on the national or world heritage registers, federal approval processes may also apply. To date, there has not been any significant impact on any of AngloGold Ashanti’s tenure due to Native Titlenative title or heritage legislation.

AngloGold Ashanti’s operating properties are located in the state of Western Australia where tenure is issued under, and mining operations are governed by, the Mining Act 1978 (WA). The most common forms of tenure in Western Australia are exploration and prospecting licences, mining leases, miscellaneous licences and general purpose leases. In most Australian states, if the holder of an exploration licence establishes indications of an economic mineral deposit in the area covered by the exploration licence and complies with the conditions of the grant, the holder of the exploration licence has a priority right against all others to be granted a mining lease which gives the holder exclusive mining rights with respect to minerals on the property. In Western Australia, a general purpose lease may also be granted for one or more of a number of permitted purposes. These purposes include erecting, placing and operating machinery and plants in connection with mining operations, depositing or treating minerals or tailings and using the land for any other specified purpose directly connected with mining operations.

Mining tenements will be granted with endorsements and conditions relating to protection of the environment. Exploration and mining operations may also require separate approval from the state, territory or federal environment minister, which may require completion of an environmental impact assessment pursuant to applicable protection legislation prior to commencement. Further, an operating licence under the relevant environmental protection legislation in the state or territory may also be required for certain mine processing or mining-related operations. Depending on the jurisdiction, a further separate approval may be required for the removal of native vegetation within the tenement.

It is possible for an individual or entity to own an area of land for infrastructure purposes and for another individual or entity to be granted the right to explore for or mine any minerals located on or under the surface of the same area. The maximum initial term of a mining lease in Western Australia is 21 years and the holder has the right to renew the lease for an additional 21 years. Subsequent renewals are granted at the discretion of the respective state or territory’s minister responsible for mining rights. In Western Australia, mining leases can only be assigned with the prior written consent of the minister.

Tax laws relating to mining

Government royalties are payable by the holder of mining tenure in respect of minerals obtained from the relevant area of land at the rates specified in the relevant legislation in each state or territory. The royalty on gold production in Western Australia is payable quarterly at a fixed rate of 2.5 percent of the royalty value of gold metal produced. The royalty value is calculated by multiplying the amount of gold produced during a given month by the average gold spot price for that month. In addition, the holder of a mining tenement is required to pay annual rent in respect of the tenement. In Western Australia there is a minimum annual expenditure requirement for prospecting and exploration licences and mining leases. Exemptions from the expenditure requirement can be obtained if certain conditions are satisfied.

Environmental laws relating to mining

Mining tenements will be granted with endorsements and conditions relating to protection of the environment. Exploration and mining operations may also require separate approval from the state, territory or federal environment minister, which may require completion of an environmental impact assessment pursuant to applicable protection legislation prior to commencement. Further, an operating licence under the relevant environmental protection legislation in the state or territory may also be required for certain mine processing or mining-related operations. Depending on the jurisdiction, a further separate approval may be required for the removal of native vegetation within the tenement.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti has been granted 21-year term mining leases with rights of renewal to all of its mining areas in Australia, including its proportionate share of joint venture operations and accordingly it has, together with its joint venture partners where applicable, the exclusive right to mine in those areas. Both the group and its joint venture partners are fully authorised to conduct operations

in accordance with relevant laws and regulations. The mining leases and rights of renewal cover the current life-of-mine at AngloGold Ashanti’s operations in Australia.

At Sunrise Dam the deposit is now situated upon two mining leases covering approximately 7,808 hectares and another mining lease of 1,768 hectares contains related infrastructure. Both leases are currently in good standing, with expiry dates in 2038.

At Tropicana, the deposit is situated upon a single mining lease covering approximately 27,228 hectares, which is currently in good standing, with an expiry date in 2036.

AngloGold Ashanti is also conducting early stage exploration activities in Queensland under the Mineral Resources Act 1989 (QLD). AngloGold Ashanti holds 18 exploration permits covering 497,087 hectares. Each permit is granted with an initial term of five years, renewable for further periods of not more than five years. There is an entitlement to convert exploration permits to mining titles in the form of mining claims, mining leases or mineral development licences.


AMERICAS

Argentina

LandGeneral laws relating to mining and land ownership & mining rights

Mining regime

The Argentinean Mining Code governs mining activity in the country. Special regimes exist for hydrocarbons and nuclear minerals. In the case of most minerals, the Argentinean Mining Code establishes that the owner of the land is not the owner of the mineral rights; these are held by the national or provincial governments (depending on the location of the minerals). The national or provincial government, as applicable, is required by the Argentinean Mining Code to grant whomever discovers a new mine title to the mining concession.

The Argentinean Mining Code regulates exploration permits and mining concessions. Exploration permits grant their holders exclusivity rights to any mineral discoveries, including those made by a third party within the exploration area covered by the permit. Exploration permits are limited in time and as to the extent of the exploration area, are subject to the payment of a single-time fee, and also require a minimum exploration work programme and schedule to keep the permit in force.




The Argentinean Mining Code also regulates mining concessions, or exploitation rights. Priority for receiving a mining concession is given to the registered discoverer of the mine, which holds the exploration permit. Once the application for a mine has been submitted, the applicant may commence works and must submit a legal survey of the units requested for the new mine. The application and the legal survey may be opposed by third parties following specific proceedings set forth in the Argentinean Mining Code. Approval and registration of the legal survey by the Provincialprovincial mining authority constitutes formal title to the mining concession.

Holders of mining concessions must comply with three main conditions: payment of an annual fee, investment of a minimum amount of capital, and the carrying out of a reasonable level of exploitation. Failure to do so could lead to forfeiture of the mining concession, which would then revert back to the Province.

In addition to the Argentinean Mining Code, between 1993 and 1995, Argentina implemented several federal laws to offer foreign companies attractive incentives for exploration and mining in Argentina, the Mining Investment Law (Law No. 24, 196), as amended (Mining Investment Law), and related legal provisions being the most important one. Such incentives include, amongst others, import duty exemptions, accelerated depreciation of fixed assets, a 3 percent cap on provincial royalties set at pit-head value on the mineral extracted, value added tax refunds for exploration-related expenses incurred by companies registered under the Mining Investment Law, and, subject to the filing of a feasibility study for the relevant mining project, a 30-year stability as to the tax burden on the project and the customs and foreign exchange regimes and duties. Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate in 1996.

Glacier Law

On 30 September 2010, the National Law on Minimum Requirements for the Protection of Glaciers (Law No. 26, 639) (Glacier Law) was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. The Glacier Law also subjects on-going mining activities in those areas to an environmental audit. If such audit results in material impacts on glaciers and “peri-glacial” areas, the relevant authority is empowered to take action, including suspension or relocation of the activity. The Glacier Law establishes a broad definition of “peri-glacial” areas that, together with glacial areas, must be surveyed by an existing national government agency specifically appointed to this end every five years. The area where the Cerro Vanguardia project is located does not include any glaciers or peri-glacial areas according to the inventory of glaciers which was published in June 2018. The constitutionality of the Glacier Law has been challenged by some mining companies along with the

Province of San Juan (which hosts large mining projects), but the National Supreme Court of Justice of Argentina rejected these claims on 4 June 2019.

Rural Land Law

On 27 December 2011, the Argentinean National Congress passed a law on the Regime for Protection of National Domain over Ownership, Possession or Tenure of Rural Land (Law No. 26, 737) (Rural Land Law) which implemented a set of rules restricting the ownership of rural land by foreigners (including foreign individuals or any kind of legal entity controlled by foreign individuals or legal entities). The main restrictions are as follows: (i) foreigners cannot own in the aggregate more than 15 percent of the entire rural land of Argentina, the same cap being applicable to each Province and Municipality; (ii) foreigners will not be allowed to purchase more than 1,000 hectares in the so-called “zona núcleo”, which comprises the main agricultural areas of central Argentina or an “equivalent” surface depending on the location of the land and its productive potential; and (iii) foreigners will not be allowed to buy land that contains, or is adjacent to, relevant and permanent water bodies (such as rivers and lakes). Although exploration permits and mining concessions are not the subject matter of the restrictions placed by the Rural Land Law, certain rights granted to foreign mining companies under the Argentinean Mining Code may be restricted by this new law. For example, the right that holders of mining concessions currently have to force the surface owner to sell the land to the holder of the mining concession might be restricted if the concession holder is a foreign individual or a legal entity controlled by foreigners.

Federal Mining Agreement

On 13 June 2017, the national government and the provinces in whose territories the main mining projects of Argentina are located, signed the New Federal Mining Agreement (FMA). The purpose of the FMA is, amongst other things, to increase provincial revenues from the mining industry by creating legal entities owned by provincial governments that would work in association with private mining companies. This scheme is not new in Argentina and it has been used by some provincial governments, amongst them the Santa Cruz Province (through Fomicruz), in which the Cerro Vanguardia project is located. The FMA also contemplates other forms of revenues such as the formation of special trusts to be funded by mining companies in order to finance education, health and other programmes. Additionally, the FMA included setting forth mining royalties up to 3 percent of the gross value of commercialized minerals, without any deductions other than VAT. As the FMA has not yet been converted into law by the National Congress, its provisions are neither binding nor enforceable.

In Argentina, the current regulatory regime of royalty payments is expected to change and several different options and payment thresholds have been discussed. In December 2012, the Santa Cruz Province changed the mining royalty from 1 percent to 3 percent calculated at pit-head value of the mineral extracted thus bringing it to the cap of the Mining Investment Law.

Foreign exchange control regime

On 1 September 2019, by means of Executive Decree No. 609/2019 (Decree), the national government re-established foreign exchange and export controls. The Decree imposes, among other measures, the obligation of Argentinean residents to transfer to Argentina and/or sell for Argentinean pesos in the Argentinean foreign exchange market (mercado libre de cambios) the countervalue (contravalor) from their exports of goods within 15 to 365 calendar days depending on the goods exported and the relationship with the importer. Regardless of the applicable maximum term, upon collection of the export, the proceeds thereof must be sold for Argentinean pesos in the Argentinean foreign exchange market no later than five business days from the date of collection.

The Decree also authorized the Central Bank of Argentina to establish the requirements for compliance with the measures set out therein. On the same date, the Argentinean Central Bank, as the regulatory authority in charge of administering the Argentinean foreign exchange market, issued Communication “A” 6770 establishing the specific regulatory requirements in order to implement the measures adopted by the national government. The Argentinean Central Bank delegated the responsibility to follow up and supervise compliance with the repatriation obligation of exporters to financial institutions. In this respect, it implemented the so-called “Follow-up regime for foreign exchange countervalue from exports of goods” (Seguimiento de las negociaciones de divisas por exportaciones de bienes or SECOEXPO). Upon the expiration of the applicable term to transfer and sell the proceeds of exports, the designated financial institution must inform the Argentinean Central Bank if the exporter has complied with its obligations or not.

Export duties

On 4 September 2018, export duties were imposed by Decree No. 793/2018 (Export Duties Decree) published by the Argentinean government which will be applicable until 31 December 2020. The export duty is set at 12 percent ad valorem. The Export Duties Decree, if not compensated with other tax reductions, affects the tax stability guarantee granted to Cerro Vanguardia S.A. (CVSA) in 1996 in light of the fact that at the time export duties were zero percent.

On 26 February 2019, the Argentinean tax and mining authorities published a resolution establishing a mechanism to reimburse or compensate federal taxes paid in excess of the total tax burden provided for by applicable tax stability guarantees. The resolution provides for an administrative procedure to be followed to prove that the actual tax burden is higher than the one a company should have based on its tax stability guarantee. Cerro Vanguardia S.A. initiated this procedure in order to claim reimbursement of, or compensation for, export taxes paid during 2018 in excess of the total tax burden provided for by its tax stability guarantee. The

National Mining Secretariat issued a favorable opinion regarding Cerro Vanguardia S.A.’s claim, which is currently under review by the relevant customs authorities (Customs Regional Division - Patagonia).

On 21 December 2019, the National Law on Social Solidarity and Productive Reactivation (Law No. 27, 541) (Solidarity Law) was enacted. The Solidarity Law grants the national government power until 31 December 2021 to impose export duties which may not exceed certain caps. For example, the Solidarity Law provides that export duties on mining exports cannot exceed 8% of the taxable value or official FOB price. It is currently unclear whether this 8% limit applies automatically or whether it requires the issuance of a decree by the national government.

Environmental laws relating to mining

Any mining company wishing to commence or modify any mining-related activity, as defined by the Argentinean Mining Code, including prospecting, exploration, exploitation, development, preparation, extraction, and storage of mineral substances, as well as property abandonment or mine closure activity, is required to prepare and submit to the competent Provincialprovincial environmental authority an Environmental Impact Assessment (EIA) prior to commencing the work. Each EIA is required to describe the nature of the proposed work, its potential risk to the environment, and the measures that will be taken to mitigate that risk. If accepted by the competent authority, the EIA is used as the basis to create a Declaration of Environmental Impact (DEI) to which the mining company is required to adhere during the mining-related activity at issue. The DEI is required to be updated at least on a biannual basis. Sanctions and penalties for non-compliance with the DEI are outlined in the Environmental Protection section of the Argentinean Mining Code, and may include warnings, fines, suspension of quality certifications, restoration of the environment, temporary or permanent closure of activities, and withdrawal of authorisation to conduct mining-related activities.

Holders of mining concessions must comply with three main conditions: payment of an annual fee, investment of a minimum amount of capital,AngloGold Ashanti’s rights and the carrying out of a reasonable level of exploitation. Failure to do so could lead to forfeiture of the mining concession, which would then revert back to the Province.permits

In the case of Cerro Vanguardia, AngloGold Ashanti’s operation in Argentina, the mining concession holder is AngloGold Ashanti’s partner, FomentoMineroFomento Minero de Santa Cruz S.A.S.E. (Fomicruz). On 27 December 1996, Fomicruz entered into a usufruct agreement whereby Cerro Vanguardia S.A. was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 square kilometres)km2) for a 40-year period, which expires on 26 December 2036. Cerro Vanguardia S.A. is an Argentinean companya corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti, with Fomicruz as minority shareholder.

In addition to the Argentinean Mining Code, between 1993 and 1995, Argentina implemented several federal laws to offer foreign companies attractive incentives for exploration and mining in Argentina, the Mining Investment Law (Law No. 24, 196, as amended, and related legal provisions) being the most important one. Such incentives include, amongst others, import duty exemptions, accelerated depreciation of fixed assets, a 3 percent cap on Provincial royalties set at pit-head value on the mineral extracted, value added tax refunds for exploration-related expenses incurred by companies registered under the Mining Investment Law, and, subject to the filing of a feasibility study for the relevant mining project, a 30-year stability as to the tax burden on the project and the customs and foreign exchange regimes and duties. On 14 August 1996, Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate, which expires in 1996.

Past and potential regulatory changes

On 30 September 2010, the National Law on Minimum Requirements for the Protection of Glaciers was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. The law also subjects on-going mining activities in those areas to an environmental audit. If such audit results in material impacts on glaciers and “peri-glacial” areas, the relevant authority is empowered to take action, including suspension or relocation of the activity. The law establishes a broad definition of “peri-glacial” areas that, together with glacial areas, must yet be surveyed by an existing national Government Agency specifically appointed to this end. The constitutionality of the law has been challenged by some mining companies along with the Province of San Juan (which hosts large mining projects). Injunctions granted by lower courts which had suspended the application of the law in that Province were lifted by the National Supreme Court of Justice of Argentina. Although the injunctions have been lifted, the language that the Court used in the decision implies that until an inventory of glaciers is completed as mandated by the Law, the case is moot. Therefore, the case has no practical implications for the operations of Cerro Vanguardia at this time.

On 26 October 2011, Decree 1722/2011 (Repatriation Decree) was issued, which imposes on oil, gas and mining companies operating in Argentina the obligation to repatriate all the proceeds of their exports from Argentina and to exchange such proceeds for Argentinean legal currency in the domestic banking system. All exporters, other than oil, gas and mining companies, have been operating under such regime since late 2001. Mining companies, on the other hand, were entitled to two exceptions: (i) a decree of 2003 applicable to mining companies with tax, customs and foreign exchange stability certificates obtained prior to the date on which such a decree was enacted (which is the case of Cerro Vanguardia); and (ii) a decree of 2004 applicable to mining companies with tax, customs and foreign exchange stability certificates obtained after the date on which such decree was enacted. Both exceptions have not been formally superseded by the Repatriation Decree, but appear to conflict with it, and such conflict may result, in some cases, in a violation of mining companies’ rights under the Mining Investment Law.

On 27 December 2011, the Argentinean National Congress passed Law 26,737 which implemented a set of rules restricting the ownership of rural land by foreigners (including foreign individuals or any kind of legal entity controlled by foreign individuals or legal entities). The main restrictions are as follows: (i) foreigners cannot own in the aggregate more than 15 percent of the entire rural land of Argentina, the same cap being applicable to each province and municipality; (ii) foreigners will not be allowed to purchase more than 1,000 hectares in the so-called “zona núcleo”, which comprises the main agricultural areas of central Argentina or an “equivalent” surface depending on the location of the land and its productive potential; and (iii) foreigners will not be allowed to buy

land that contains, or is adjacent to, relevant and permanent water bodies (such as rivers and lakes). Although exploration permits and mining concessions are not the subject matter of the restrictions placed by this law, certain rights granted to foreign mining companies under the Argentinean Mining Code may be restricted by this new law. For example, the right that holders of mining concessions currently have to force the surface owner to sell the land to the holder of the mining concession might be restricted if the concession holder is a foreign individual or a legal entity controlled by foreigners.

Ten provinces in whose territories the main mining projects of Argentina are located, signed a document with the Federal Government entitled Federal Mining Agreement (FMA). The purpose of the FMA is, amongst other things, to increase provincial revenues from the mining industry by creating legal entities owned by provincial governments that would work in association with private mining companies. This scheme is not new in Argentina and it has been used by some provincial governments, amongst them the Santa Cruz Province (through Fomicruz), in which the Cerro Vanguardia project is located. The FMA also contemplates other forms of revenues such as the formation of special trusts to be funded by mining companies in order to finance education, health and other programmes. Increase in royalty rates is not specifically contemplated in the FMA. The Provinces that signed the FMA had previously formed a special association of provinces, supported by the National Government. As the FMA has not yet been converted into law by the National Congress, its provisions are neither binding nor enforceable.

In Argentina, the current regulatory regime of royalty payments is expected to change and several different options and payment thresholds have been discussed. In December 2012, the Santa Cruz Province changed the mining royalty from one percent to three percent calculated at pit-head value of the mineral extracted thus bringing it to the cap of the Mining Investment Law.2026.

Brazil

LandGeneral laws relating to mining and land ownership and mining rights

General legal aspects

The Brazilian Constitution of 1934 states that, for purposes of exploration and exploitation, deposits and other Mineral Resources constitute property separate from the soil and belong to the Federal Union. Exploration and exploitation of such Mineral Resources may take place only with the Federal Union’s concession and in such a way as to protect the national interest. Federal law sets out penal and administrative sanctions for conduct and activities deemed harmful to the environment.

In Brazil, the National Mining Agency (ANM) is the state body within the Mines and Energy Ministry (MME) that is responsible for: (i) the registration of mining titles, (ii) the grant of authorisations and concessions, (iii) the supervision of mining activities and mining titleholders, and (iv) the issuance of supplementary rules in relation to mining activity.

Under the current Brazilian Mining Code, there are two kinds of mines: (i) claimstake mines (Minas Manifestadas)(minas manifestadas), for which rights were acquired before 1934 and exist independently of any mining licence or authorisation from the Federal Government and for which the Mineral Resources constitute property of the landowner and (ii) granted mines, which are those that rely on grants from the Federal Government for mineral exploration or exploitation (pursuant to the Brazilian Constitution of 1988). AngloGold Ashanti’s operations in Brazil consist of both claimstake mines and granted mines.

At AGA Mineraçao, Cuiabá has a single concession covering a total area of 3,662 hectares, Lamego is covered by three geographically contiguous concessions totally 1,622 hectares and Córrego do Sítío is hosted by five geographically contiguous concessions covering a total area of 6,017 hectares. All of these are in good standing. At Serra Grande, the company has interests in or agreements over 61,500 hectares in Crixas Greentone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. Brazilian mining concessions remain valid up to the depletion of the Ore Reserve and Mineral Resource.

Mining activities in granted mines must be performed in two defined stages: (i) exploration, which entails defining and evaluating the deposit and determining the feasibility of exploitation, and (ii) exploitation, which involves coordinating operations aimed at the industrial exploitation of the mineral deposit, from the extraction of useful minerals to their processing. Exploration authorisations issued by ANM are valid for one to three years. Extensions can be obtained if necessary, as long as it is justified. In contrast, exploitation rights, once granted, are valid for the lifetime of the deposit, provided the mining titleholder complies with all legal requirements. Pursuant to these requirements, for example, titleholders must (i) start work on mineral exploitation within six months from the date of publication of the Exploitation Concession, (ii) continue their mining activities until the mineral deposit has been exhausted, in accordance with the Economic Exploitation Plan (Plano(Plano de Aproveitamento Econômico)mico) approved by ANM and (iii) refrain from suspending mining activities without prior notice to ANM.

Tax laws relating to mining

During the exploration period, the mining titleholder has to pay an Annual Rate per Hectare (TAH - (Taxa Annual por Hectare)Hectare or TAH), subject to a maximum value set by law. In the exploitation period, regardless of the legal regime governing the project (whether

claimstake or granted mines), the mining titleholder has to pay the Financial Compensation for Exploiting Mineral Resources (CFEM - (Compensação FinanceirapelaFinanceira pela Exploração Mineral)Mineral or CFEM). The CFEM which is one and one-half1.5 percent for gold is currently calculated based on revenues.



At the end of 2011 and the beginning of 2012, the states of Minas Gerais, Pará, Amapá and Mato Grosso do Sul each created a new tax (duty) on research, extraction and exploration activities as well as on the use of Mineral Resource carried out in those states. This tax could range from BRL3.00 to BRL6.50 per ton.ton of ore extracted. In the states of Minas Gerais and Goias,Goiás, however, gold ore was exempted from the collection of this new duty.

Potential regulatory changesEnvironmental laws relating to mining

ChangesFollowing the catastrophic failure of a tailings storage facility (TSF) operated by Vale in the state of Minas Gerais in January 2019, Brazilian executive, legislative and judiciary bodies have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and have been considering, and in some cases adopting, stricter laws and regulations applicable to the mining legislationapproval, licensing, construction, management, closure and decommissioning of TSFs in Brazil. For example, some of the new measures under consideration or enacted include (without limitation):
A ban prohibiting construction of new upstream tailings dams;
New requirements mandating reinforcement and earlier-than-planned closure of existing upstream TSFs;
New requirements mandating removal of all tailings material from TSFs (“decharacterization”), regardless of the original design method, upon closure and prior to decommissioning and environmental rehabilitation;
New requirements mandating bi-annual (each year in March and September) TSF Stability Declarations for approved TSFs, signed by an external engineering consultancy and geotechnical senior manager as well as company directors, to be submitted to the ANM and the relevant state environmental agency;
New requirements for companies to place a surety bond in the preliminary permit phase; and
Banning permits for any new dam where there are communities within 10 km downstream or where a dam break could affect communities in less than 30 minutes (within the Self-Rescue Zone).

Furthermore, in addition to the 156 bills that were submitted in 2013 and 2017 toalready being considered by the National Congress, another 51 bills dealing with the mining sector were presented in 2019 that may significantly impact the mining sector and the company. For example, Federal Bill No. 550/2019, if adopted, will require the company to complete the decharacterization (descaracterização) and decommissioning of its TSF at the Serra Grande mine in the state of Goiás, which was built by the upstream method, by 25 February 2022. For the company’s other TSFs in Brazil, all of which are downstream or “centreline” designs, the following options are permitted: either (i) the structure must be decharacterized and decommissioned, (ii) the population must be relocated, with reparations for discussion and consideration. Its goals would be to (i) strengthenloss of cultural heritage, or (iii) reinforcement works that guarantee the roleeffective stability of the Federal Governmentstructure must be carried out, by decision of the public authorities, taking into account the previous nature of the dam in regulatingrelation to the occupation and technical-financial viability of the alternatives. Even if reinforcement works are completed, the company will still be required to decharacterize and decommission the TSF at the end of the life of the mine. This bill also introduces the requirement to present a surety bond at the planning stages for the TSF. The mining sector, including the Minas Gerais Industry Association (FIEMG), the National Industry Association (CNI) and the Brazilian Mining Chamber (IBRAM), is liaising with the legislative authorities and other stakeholders in an effort to introduce amendments to this proposed bill which would mitigate some of the concerns identified by the mining industry, (ii) attract morein particular, regarding the requirement to remove tailings material from decommissioned TSFs. As of yet, none of these new bills have been approved by the National Congress.

At the federal level, the ANM issued Resolution No. 13/19 in August 2019 (replacing its earlier Resolution No. 4/19) which adopted additional regulatory measures to ensure the stability of TSFs, in particular those built or heightened by the upstream method or by any method declared as “unknown”. Among other things, ANM Resolution No. 13/19 prohibits the upstream method for the construction or heightening of tailings dams throughout the national territory of Brazil. It further requires the deactivation of TSFs constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as the decommissioning of such TSFs by 15 August 2022 to 15 September 2027 (depending on the capacity volume). ANM Resolution No. 13/19 does not require complete removal of tailings material from TSFs. As a result, the Serra Grande mine in the state of Goiás is in the process of reinforcing the dam walls of its upstream TSF in advance of its expected deactivation by 15 September 2021. In addition, the company has begun the process of evaluating alternate structures for this upstream TSF, as well as any potential increases in regulatory and better investmentscost obligations as a result of new requirements applicable to TSFs.

At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which contained the state’s policy on TSF safety and should be implemented in conjunction with the equivalent federal policy. Among other things, Law No. 23.291/19 determines the criteria for licensing and inspecting TSF structures, prohibits TSFs constructed or heightened using the upstream method and holds management liable for non-compliance with its provisions.

AngloGold Ashanti’s rights and permits

At AGA Mineraçao, Cuiabá has a single concession covering a total area of 3,662 hectares, Lamego is covered by three geographically contiguous concessions totally 1,622 hectares and Córrego do Sítío is hosted by five geographically contiguous concessions covering a total area of 6,017 hectares. All of these are in good standing. At Serra Grande, the company has interests

in or agreements over 61,500 hectares in Crixas Greentone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. Brazilian mining concessions remain valid up to the mineral sector, (iii) encourage maximal usedepletion of the Ore Reserve and (iv) encourage members of the industry to add value to mineral products.

The government’s proposals have institutional, legal and financial facets. Institutionally, the proposals would create a National Council of Mineral Policy to advise the Presidency of Brazil and the MME on, and develop guidelines and directives for, the mining sector.

Legally, the proposals would change the rules applied to mining titles access. While exploration authorisations would be effective for a longer period of four years, they would be renewable only once, as long as the company is able to justify the renewalResource pursuant to the authorities, who would makeEconomic Exploitation Plan approved by the ANM and in accordance with the required environmental permits, and as a discretionary decision as to whether to approve the request. Companies would alsoresult do not have to demonstrate that they are investing in exploration activities on a yearly basis. On the hypothesis that the access to the area is prevented by either landowners or the ability to obtain an environmental license through no fault of the company, the authority would extend the deadline as many times as necessary.

Exploitation rights would be limited to 35- or 40-year grants renewable at the discretion of authorities. The granting of rights would become a more discretionary process and would result in a Formal Adhesion Contract for Exploitation rather than in an open-ended concession.

In light of the November 2015 tailings dam collapse in Minas Gerais, there has been discussion of including tougher requirements related to tailings dams (e.g., mandatory insurance in case of environmental catastrophe)explicit expiry date.

As of the end of 2017, most of the changes in the legislation initially suggested were not approved, however, this legislation may be reintroduced in the same or similar form in the future.

Colombia

LandGeneral laws relating to mining and land ownership and mining rights

General regime

The Colombian Constitution declares that the sub-soil and the non-renewable natural resources located within the Colombian territory are the property of the Colombian State. The underlying principle of Colombian mining legislation for the granting of mining concession contracts is first come,in time, first served.in law. Mining activities are regulated by the Colombian Mining Code, Act 685, 2001.

The filing of an exploration and exploitation proposal triggers a right of preference to obtain rights over the targeted area, provided it is available. Such area cannot exceed 10,000 hectares. Upon receipt of a proposal, the relevant government agency determines whether another proposal or contract already governs the area. If there are no pre-existing claims, the government agency grants the applicant a “free area”.

TheWith respect to land ownership, a mining concession in Colombia does not grant the rights over the surface required to develop a mining project. Therefore, in order to develop a mining project, it is required to acquire and secure access to the land (soil). This can be achieved in several ways, such as (i) purchase of the land, (ii) a transit easement, (iii) a mining easement, and (iv) the special acquisition process or expropriation.

Concession contract

The government agencyAs the sub-soil and the non-renewable natural resources located within the Colombian territory are property of the Colombian State, the Colombian Mining Authority grants exclusivethe authorization to explore and exploit minerals through a concession contracts for exploration and exploitation. contract. 

Such concessions allow concessionaires to conduct the studies, works and facilities necessary to establish the existence of minerals and to organise their exploitation. Upon being awarded a mining concession, a company must take out an insurance policy to cover the costs associated with potential environmental damage as well as breaches of its mining obligations. It may then proceed with exploration activities. Once the exploration phase is complete, the concessionaire files a new plan regarding proposed works and facilities. With the award of the mining concession or tenement contract, there are specified timelines for the completion of the various phases of a mining project, e.g. exploration, construction, exploitation. The company must comply with these timelines unless performance is suspended, for example, due to force majeure or extensions/extensions or modifications to the timelines. Force majeure was declared at the La Colosa project, stopping all activities, following the outcome of the plebiscite held on 26 March 2017 in the Colombian municipality of Cajamarca, which hosts the La Colosa exploration site. TheA grant of force majeure is for one year and will expire in June 2018, after which such declaration will need tomust be extended.

renewed on an annual basis. If the company does not comply with the specified timelines for the completion of the various phases of a mining project, the mining authority may revoke the company's concession contracts or mining licenses. AngloGold Ashanti Colombia S.A. (AGAC) applied for consolidation of its concession contracts related to La Colosa, in respect of which AGAC was not in compliance with some of the specified timelines.  The application for consolidation was approved in March 2017, which remedied the non-compliance of each consolidated concession and reset the specified timelines. La Colosa hasAs a single concession which covers a total area of 9,210 hectares and expires on 28 February 2037.

In order to obtain an authorization from the National Environmental Licensing Authority of Colombia to carry out the Project, the Company must prepare an Environmental Impact Study for approval by this authority.

Environmental licenses are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and / or termination.

The initial term of concessions is 30 years. To receive an extension, a concessionaire must file a request two years before the termination of the initial term, and must substantiate the application with economic, environmental and technical information. Because the extension is not automatic, the concessionaire must renegotiate the conditions of the contract. Anygeneral matter, any company holding a concession that wishes to obtain a renewal of theits concession contract must be up to date in all its legal and contractual obligations and must present a new plan of works and facilities to be implemented after the contract is renewed. The term of a concession and allrenewed.

PINES program

In 2013, the contractual obligationsfederal government instituted the PINES program designed to aid promoting certain projects that arise from it are deemed to take effecthave a national interest. This designation provides for greater oversight from the national government. All of our three advanced exploration projects (La Colosa, Quebradona and Gramalote) were considered of national strategic interest. Currently, Quebradona and Gramalote remain in the PINES program, but La Colosa was temporarily removed as such (until the force majeure is over).

Tax laws relating to mining

From the moment the concession contract is registered with the Mining Register, the concessionaire has several financial obligations, including the payment of (i) a surface fee during the exploration, construction and assembly stage and (ii) royalties.

Once exploration is complete and the mining infrastructure in place, the concessionaire must begin paying royalties to the Colombian government, consisting of a percentage of the date of registrationprimary product and sub-products being exploited. The percentage of the royalty depends on the regulation in force when the concession contract is signed. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a 5 percent royalty for copper on the production value at the mine’s or well’s edge (i.e. when extracted from the subsoil). In case of gold and silver, a royalty of 4 percent on the production valued at the mine’s or well’s edge (i.e. when extracted from the subsoil) was established.

Furthermore, Colombian law establishes that once the environmental license is granted the concessionaire must invest 1 percent of the project’s value to benefit the basins covered by the environmental license.


Environmental laws relating to mining

In order to obtain an authorization from the National Mining Register.Environmental Licensing Authority of Colombia to carry out a project, the company must prepare an Environmental Impact Study (E.I.A.) for approval by this authority.

Global environmental licenses are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination.

AngloGold Ashanti’s core mining concession contracts provide that the mining authority has the discretion to declare the underlying concession void if AngloGold Ashanti Colombia S.A. (AGAC)the specific company which holds the concession breaches applicable environmental laws or regulations. If the mining authority were to exercise such discretion against AGAC, AGACit, such company would be required to abandon its projects and all of its other existing mining concession contracts. Pending proposals for new mining concession contracts would also be cancelled and AGACthe company would be banned from doing business with the Colombian government for a period of five years. As a result, AGACthe company would be unable to conduct any mining exploration or development activities during such period. However, this would not affect other AngloGold Ashanti subsidiaries operating in Colombia, which hold singularly or in concert with joint venture partners the majority of the company’s concession contracts in Colombia.

There are some areas where mining activity is prohibited. These areas are:
National parks;
Regional parks;
Protectedare national parks, regional parks, protected forest reserves;
Paramosreserves, paramos (included in Act 1382,1753, introduced in 2010);2015) and
Wetlands, pursuant to the Ramsar Convention. wetlands, pursuant to the Ramsar Convention on Wetlands of International Importance.

Some forest reserves are not “protected”, but are set aside for active forestry purposes. Such forest reserves must be “extracted” after initial prospection, meaning that the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, Resolution 187/2016, passed by the federal government in late 2016, identifies areas that the Ministry of the Environment has determined to be “paramos” areas, or paramos transition areas. In these areas there are limitations on industrial or commercial work being performed, including mining. The regulation also specifies a process to determine what work, if any, can be performed in a paramos-designated area. Certain areas designated as “paramos” are within

AngloGold Ashanti’s rights and permits

The La Colosa project managed by AngloGold Ashanti Colombia S.A. (AGA Colombia) remains in force majeure due to the mining footprint currently envisioned for La Colosa. AGAC is evaluatingdelays in the impactgranting of the Resolution 187/2016, if any,environmental permits by the local environmental authority, thereby preventing AGA Colombia from undertaking further exploration activities. The current one-year grant of force majeure will expire on 22 June 2020 and the request for an extension is pending. AGA Colombia applied for a mining area integration (consolidation) of its concession contracts related to La Colosa, in respect of which AGA Colombia was not in compliance with some of the current planspecified timelines. The application for mining area integration (consolidation) was approved in March 2017, which remedied the non-compliance of each consolidated concession and reset the specified timelines. La Colosa. Further, the company is working with the federal government to determine if the designations contained in Resolution 187/2016 are technically accuratelyColosa now has a single concession which covers a total area of 9,210 hectares and legally defensible, and what the process will be to determine what work, if any, can be performed in certain paramos areas.expires on 28 February 2037.

Cannon feesMinera de Cobre Quebradona S.A. (MCQ) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016. As a result, MCQ was granted the exclusive right to explore, take ownership and royaltiesdispose of the mineral reserves (ore) extracted from the concession area. MCQ has the right to request an extension of up to 30 years, at least two years before the expiration of the operating period. This extension is not automatic, and the request must be filed with new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract 5881 is in its third year of the exploration phase and the Quebradona project requested the Mining Authority for an extension of 2 more years.

Cannon fees are due from the moment the moment the concession contract is registered with the Mining Register. Such fees change based on the number hectares held by the concessionaire, as follows:

0-2,000 hectares, one legal daily minimum wage (approximately $9.00) per hectare per year
2,001-5,000 hectares, two legal daily minimum wages (approximately $18.00) per hectare per year
5,001-10,000 hectares, three legal daily minimum wages (approximately $27.00) per hectare per year

Once exploration is complete and the mining infrastructure is in place, the concessionaire must begin paying royalties. Royalties paid to the Colombian government consist of a percentage of the primary product and sub-products being exploited. For gold, gross monthly income is multiplied by 0.8, to which a four percent royalty is applied.

PINES programme

In 2013 the Federal government instituted the PINES programme that will aid in promoting certain projects that are deemed to have a national interest. This designation provides for greater oversight from the national government. La Colosa, Gramalote and Nuevo Chaquiro projects are designated as PINES projects. All of our three advanced exploration projects are considered of national strategic interest.


United States of America

Nevada

Mineral and surface rights in the United States are owned by private parties, state governments or the federal government. The majority of land utilised for precious metals exploration, development and mining in the western United States is owned by the federal government, and often the state government will have an ownership interest in minerals, regardless of whether the state is the surface owner. The right to mine on such federal land in western states is governed by the U.S. General Mining Law of 1872, as amended (General Mining Law). The General Mining Law allows mining claims on certain federal lands upon the discovery of a valuable mineral deposit and proper compliance with claim location and maintenance requirements.

In Nevada, AGA (U.S.A)AngloGold Ashanti (U.S.A.) Exploration Inc. is advancing a joint venture property, the Silicon Project, on federal lands through an Earn-in Option Agreement for 277 mining claims, covering an area of approximately 5,700 acres. Additionally, a further 1,414 mining claims (29,215 acres) in the name of AngloGold Ashanti North America Inc. are also being explored. On these lands, AngloGold Ashanti (U.S.A.) Exploration Inc. is currently engaged in early-stage exploration activities that include, but are not limited to, geological and spectral mapping, surface geochemical sampling, geophysical surveying and RC and/or diamond drilling.

Mineral exploration activities in Nevada are also generally subject to applicable federal, state, and local permitting requirements, but the specific regulatory authorizations required for the company’s activities are based on the nature and location of the exploratory

work.  AngloGold Ashanti (U.S.A.) Exploration Inc.’s Nevada operations are currently conducted under what is generally referred to under federal law as a notice-level operation subject to 43 Code of Federal Regulations SectionCFR § 3809.21. The federal Bureau of Land Management (BLM) issued a Notice of Decision for the Silicon Project approving thesethe proposed exploration operations on 1 November 2017.  The BLM determined that the operations would not cause unnecessary or undue degradation as defined under 43 Code of Federal Regulations SectionCFR § 3809.5. An amendmentThree amendments to the project was approved by a BLM Notice of Decision have been authorized by the BLM in letters dated 31 January 2018, 2 April 2018, and 4 October 2018. The Notice of Decision requires reclamation of the drill pads and roads, including the reseeding of disturbed lands. The Notice of Decision also set the financial guarantee amount for reclamation. The Notice of Decision includes a two-yearrenewable 2-year term from the date of 1 November 2017.the last amendment to the Notice.

The BLM issued a Notice of Decision for the Rhyolite North Project approving the proposed exploration operations on 14 January 2020. The Rhyolite North Project, situated within the Nye County of south-western Nevada, is wholly owned by AngloGold Ashanti North America Inc. It is an early-stage exploration project managed by AngloGold Ashanti (U.S.A.) Exploration Inc. and is currently comprised of 237 unpatented mining claims.

Nevada’s Bureau of Mining Regulation and Reclamation (BMRR) also regulates mining within the state.  Exploration projects of five5 acres or less, the scope of a notice-level operation under federal law, are exempt from BMRR regulation. AngloGold Ashanti’s current exploration program fallsprograms fall within this exemption.

AngloGold Ashanti (U.S.A.) Exploration Inc. has initiated a subsequent permitting process for the Silicon Project to increase the exploration activities beyond the 5-acre notice level. This process was initiated in 2019 with the completion and submission of the required environmental baseline studies and the submission of a Plan of Operation and Reclamation Plan to the BLM and BMRR. The permitting process is expected to be completed in 2020 and decisions from the BLM and BMRR are expected to be received in the same year.

Minnesota

In Minnesota, AngloGold Ashanti Minnesota Inc. is undertakingcompleted early-stage reconnaissance exploration activities to determine the potential for gold mineralization in the northern counties of Minnesota. Minnesota uses a leasing system for state-owned minerals. Under this system, qualified applicants can obtain a nonferrous metallic mineral lease for a 50-year term that grantsBased on the achieved results, the company the righthas decided to explore, mine, and develop minerals, subject to applicable environmental review and permitting requirements. AngloGold Ashanti Minnesota, Inc. holds a total of 271 state mineral leases administered by the Minnesota Department of Natural Resources. These state mineral leases encompass an area of approximately 106,000 acres. The company’s exploration activities on these lands include regional geophysical surveying, surface geological mapping, rock chip and glacial till sampling, and roto-sonic drilling.

Mineralterminate its exploration activities in Minnesota are generally subject to applicable federal,the state and local permitting requirements, but the specific regulatory authorizations required for a company’s activities are based on the nature of the exploratory work. Before conducting mineral exploration activities on state lands, a company must hold a state mineral lease and obtain approval from the Minnesota Department of Natural Resources of an exploration plan of operations. AngloGold Ashanti Minnesota, Inc. currently holds state mineral leases for the state lands on which it is conducting its operations and has obtained agency approval for its current exploration program. In addition, AngloGold Ashanti Minnesota, Inc. must maintain its registration as an exploratory borer and providecurrently in the requisite advance noticeprocess of any drillingclosing out activities to the Minnesota Department of Health. For its currently approved exploration program, AngloGold Ashanti Minnesota, Inc. has no present obligation to complete environmental review, obtain environmental permits, or submit any financial assurance or bonds. The company must complyin accordance with the terms of its leases and the conditions of its approved exploration plan of operations, including reclamation of its drill sites. Any potential future exploration programs may, depending on their scope, be subject to additional environmental review and permitting requirements, but these requirements are generally less extensive than those required for mineral development. In the event the company decides to proceed with mineral development within the state of Minnesota, it will need to complete an Environmental Impact Statement and obtain a variety of federal, state and local permits, including a Minnesota permit to mine and environmental permits relating to water quality, air quality, wetlands, and other permits typically associated with mining projects.company requirements.

Potential regulatory changes

Over the years, the U.S. Congress has considered a number of proposed amendments to the General Mining Law and other federal statutes.statutes relating to mining. Among the significant features contained in previously proposed legislation were a production royalty obligation, new and more stringent environmental standards and conditions, additional reclamation requirements, extensive new procedural steps which would likely result in extended permitting timelines and granting counties the ability to petition the U.S. Secretary of the Interior to make certain areas unavailable for the location of unpatented mining claims. The U.S. Environmental Protection Agency has also proposed potential revisions to financial assurance requirements relating to mineral development activities.

In Minnesota, the state legislature and various state agencies have also considered potential changes in statutes and regulations governing mineral exploration and development activities. These potential changes include revisions to relating to species, cultural resources, and water quality protection.

AGA is currently unaware of any new Federalfederal or state legislative or regulatory changes or rule-making that has been proposed or enacted that would adversely affect its current exploration programs. If any of the above-referenced provisions were adopted in the future, the company’s operations in Nevada and Minnesota could be adversely affected.


MINE SITE REHABILITATION AND CLOSURE

Closure, an integral part of operations

All mining operations eventually cease. An integral aspect of operating AngloGold Ashanti’s mines is ongoing planning for and, where feasible, implementation of concurrent rehabilitation, together with an estimate of associated liability costs and the placement of adequate financial provisions and assurances to cover these costs.

AngloGold Ashanti revised its group closure planning management standard in 2013 and all of its operations are required to comply with the standard, as well as applicable law and regulations, as their closure plans are reviewed and updated.

Closure planning is an activity that starts at the exploration and mine design stage and continues throughout the life of mine:
New projects include a closure plan which takes into account future closure and associated rehabilitation and other costs.
The closure plan is reviewed annually and updated every three years (annually in the final three years of a mine’s life) or whenever significant changes are made, taking into account operational conditions, planning and regulatory requirements, international protocols, technological developments and advances in practice.


For many of the older mines, closure planning and the evaluation of environmental liabilities is a complex process. This is particularly so in Brazil, Ghana and South Africa, where many of the mining and other operations have taken place for more than fifty years. A particular challenge is concurrent rehabilitation, which is carried out while a mine is still operational. This practice serves to decrease the ultimate liability and reduces the final rehabilitation and closure work that must be undertaken, but has the potential to sterilise Ore Reserve, which the company might wish to exploit should conditions, such as the gold price, change.

The company’s closure standard stipulates that closure planning must be undertaken in consultation with the community. In the course of these consultations, different issues are raised which require site-specific solutions. Livelihood preservation and infrastructure are often key requirements. Communities also require information on the company’s rehabilitation of the landscape and on any lasting environmental impacts. Long-term remediation obligations, including decommissioning and restoration liabilities relating to past operations, are based on environmental management plans and compliance with current environmental and regulatory requirements.

Provisions for decommissioning and rehabilitation costs are made when there is a present obligation, it is probable that expenditure on decommissioning and rehabilitation work will be required and the cost can be estimated within a reasonable range of possible outcomes. These costs are based on currently available facts, technology expected to be available at the time of the clean-up, laws and regulations presently or virtually certain to be enacted and previous experience in the rehabilitation of mine sites.

Decommissioning costs and restoration costs are provided at the present value of the expenditures expected to settle the obligation, using estimated cash flows based on current prices. Estimates are discounted at a pre-tax rate that reflects current market assessments of the time value of money.

Provisions for decommissioning and for restoration (excluding joint ventures) increased from $705$637 million in 20162018 to $724$730 million in 2017.2019 (including the rehabilitation obligations transferred to held for sale liabilities and associated with our pending sale of operations in Mali and South Africa). This changeincrease mainly relates to proposed requirements regarding the removal of tailings materials from tailings storage facilities in Brazil upon closure and decommissioning (a process known as “decharacterization”) and changes in discount rates based on global economic assumptions andassumptions. The provisions were also impacted by changes in mine plans, resulting in a change in cash flows and changes in design of tailings storage facilities and in methodology following requests from the environmental regulatory authorities. At 31 December 2017, the environmental rehabilitation provision was $695 million. The balance of the rehabilitation provision of $29 million was included under “Non-current liabilities held for sale” in the statement of financial position.


ENVIRONMENTAL, HEALTH AND SAFETY MATTERS

In addition to post-mining land rehabilitation and closure requirements, AngloGold Ashanti is subject to extensive environmental, health and safety (EHS) laws and regulations in the various jurisdictions in which the company operates. These requirements govern, among other things, extraction, use, conservation and discharge of water; air emissions (including dust control)control and greenhouse gases); regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; worker health and safety and community health; and the generation, transportation, storage and disposal of solid and hazardous wastes, such as reagents, radioactive materials, and mine tailings. In addition, environmentalEnvironmental laws and regulations applicable to our operations, including the requirements contained in

environmental permits, are generally becoming more restrictive. Significant EHS requirements, risks and trends affecting our mining and processing operations are described below.

Regulatory ComplianceSOUTH AFRICA

CapitalGeneral laws relating to mining

The Mineral and operating costsPetroleum Resources Development Act

Mineral and Petroleum Resources Development Act

The Mineral and Petroleum Resources Development Act, No. 28 of 2002 (MPRDA) came into effect on 1 May 2004. The objectives of the MPRDA are, amongst other things, to complyallow for state sovereignty over all mineral and petroleum resources in the country, to promote economic growth and the development of these resources and to expand opportunities for the historically disadvantaged. Another objective of the MPRDA is to ensure security of tenure for the respective operations concerning prospecting, exploration, mining and production. By virtue of the provisions of the MPRDA, the state ensures that holders of mining and prospecting rights contribute to the socioeconomic development of the areas in which they operate.

Mineral and Petroleum Resources Development Amendment Act

The Mineral and Petroleum Resources Development Amendment Act, No. 49 of 2008 (MPRDAA) was passed by Parliament in 2008 and became effective on 7 June 2013. Its purpose is to amend the MPRDA in order to, amongst other things:
make the Minister of Mineral Resources and Energy (MRE Minister) the responsible authority for implementing the requirements of the National Environmental Management Act, No. 107 of 1998 (NEMA) and specific environmental legislation as they relate to prospecting, mining, exploration, production and related activities incidental thereto on the prospecting, mining, exploration or production area;
align the MPRDA with EHS lawsthe NEMA in order to provide for one environmental management system;
remove ambiguities in certain definitions;
add functions to the Regional Mining Development and Environmental Committee;
amend transitional arrangements so as to further afford statutory protection to certain existing old order rights; and
provide for matters connected therewith.

When the MPRDAA came into effect on 7 June 2013, only selected provisions became effective immediately. The MPRDAA contains the following provisions, amongst others:
Environmental authorisations: Provides for a prohibition on any prospecting and mining, or conducting technical co-operation operations, reconnaissance operations or any incidental work without an environmental authorisation (since 7 December 2014), permit and at least 21 days’ written notice to the landowner or lawful occupier.
Historic residues: Provides that the definitions of “residue stockpile” and “residue deposit” now include an old order right. This provision is intended to make old order dumps subject to the MPRDA so that old order dumps which are part of a mining area covered by a new order mining right could only be treated by the holder of the new order rights. Old order dumps not covered by a new order mining right would be considered a residue deposit to which the MRE Minister would have discretion to grant rights.
Applications: Provides that applicants for prospecting and mining rights must (since 7 December 2014) lodge an application for an environmental authorisation simultaneously with the application for rights. The Department of Mineral Resources should no longer accept more than one application in respect of the same area and mineral.
Environmental regulation: Provides that the MRE Minister is the responsible authority for implementing environmental provisions under NEMA as it relates to prospecting, mining, exploration, production or activities incidental thereto on a prospecting, mining, exploration or production area. An environmental authorisation issued by the MRE Minister shall be a condition prior to the issuing of a permit or the granting of a right in terms of the MPRDA.
Closure certificates: Provides that previous holders of old order rights or previous owners of works that have ceased to exist remain responsible for any environmental liability until the MRE Minister issues a closure certificate.

Draft Mineral and Petroleum Resources Development Bill & Draft Upstream Petroleum Resources Development Bill

In 2012, the MRE Minister published the Draft Mineral and Petroleum Resources Development Bill, 2012 (2012 MPRDA Bill) and, in 2013, a revised version of the 2012 MPRDA Bill (2013 MPRDA Bill) was submitted to Parliament. Following several amendments, the 2013 MPRDA Bill was eventually withdrawn by the South African government in September 2018.

On 24 December 2019, the MRE Minister published the Draft Upstream Petroleum Resources Development Bill, 2019 for public comment. This new bill provides for the upstream petroleum industry to be governed under a separate piece of legislation which does not come under the umbrella of the MPRDA. At this stage it is unclear whether the MRE Minister will submit a new bill in respect of the mineral resources industry proposing any of the amendments originally contained in the withdrawn 2013 MPRDA Bill.

Mineral and Petroleum Resources Development Regulations

On 23 April 2004, the MRE Minister published under the terms of the MPRDA the Mineral and Petroleum Resources Development Regulations in Government Gazette No. 26275 under GNR. 527 (MPRDA Regulations). On 28 November 2019, the MRE Minister published, for public comment, the Draft Amendments to the Mineral and Petroleum Resources Development Regulations, 2019 (Draft MPRDA Regulations). Interested and affected parties were invited to submit written representations to the Draft MPRDA Regulations within 30 days of the publication thereof. The proposed amendments contained in the Draft MPRDA Regulations, include, inter alia, the following:
“Interested and affected parties”: Section 10 of the MPRDA requires consultation of interested and affected parties. The MPRDA Regulations currently define “interested and affected parties” as “a natural or juristic person with a direct interest in the proposed or existing operation or who may be affected by the proposed or existing operation”. The Draft MPRDA Regulations expand on the aforesaid definition by specifying that these include but are not limited to “host communities, landowners (traditional and title deed owners); traditional authority; land claimants; lawful land occupier; holder of informal land rights; the Department of Agriculture, Land Reform and Rural Development; any other person (including on adjacent and non-adjacent properties) whose socio-economic conditions may be directly affected by the proposed prospecting or mining operation; the local municipality and the relevant Government Departments, agencies and institutions responsible for the various aspects of the environment and for infrastructure which may be affected by the proposed project”;
“Meaningful consultation”: Meaningful consultation envisages a consultation process where “the applicant, has in good faith engaged the landowner, lawful occupier or interested and affected party in respect of the land subject to the application about the impact the prospecting or mining activities would have to his right of use of the land by availing all the information pertaining to the proposed activities enabling these parties to make an informed decision regarding the impact of the proposed activities”;
Information requirement: A new requirement is introduced requiring a mining company to provide certified copies of its right or permit in question, environmental authorisation and any relevant authorisations to landowners and lawful occupiers before commencing with operations;
Social and Labour Plans: A new requirement is introduced obliging mining companies to publish Social and Labour Plans (SLP) relating to their operations in English and one other dominant official language commonly used in the mine community on the mining company’s website, in local newspaper(s), as hard copies in local libraries, municipal offices, traditional authority offices and company/mine offices within 30 days of approval. Furthermore, the availability and content of the approved SLP must be announced, where feasible, in local radio stations and in relevant news outlets;
Repeal: Regulations 47-55 and 58-60 of the MPRDA Regulations are repealed as the topics governed by these regulations have since been incorporated into NEMA and the Environmental Impact Assessment Regulations, 2014 (as amended);

Disputes: A process is prescribed according to which the Regional Manager may resolve land access and “resettlement” disputes in terms of section 54 of the MPRDA . A procedure is also created for resolving land disputes which gives the MRE Minister or the Director-General certain powers to deal with complicated land disputes; and
Appeals: New procedures are expectedproposed for lodging internal appeals in terms of section 96 of the MPRDA.

The Mining Charter

Mining Charter, 2004

The Broad-Based Socio-Economic Empowerment Charter for the South African Mining Industry, 2004 (Mining Charter, 2004) was published in August 2004. The Mining Charter, 2004 was developed in terms of section 100(2)(a) of the MPRDA and took effect on 1 May 2004. The Mining Charter, 2004 committed all stakeholders in the mining industry to continuetransfer ownership of 26 percent of their assets to black or historically disadvantaged South Africans (HDSAs) within 10 years. The Mining Charter, 2004 also set targets for, amongst other things, the advancement of HDSAs into management positions, the employment of women, procurement of goods and services from HDSA-owned companies, training, community development and the upgrading of mine housing. Mining companies are required to formulate plans to achieve the aforementioned targets, identify current levels of beneficiation and indicate opportunities for growth.

The objectives of the Mining Charter, 2004 were to:
promote equitable access to the nation’s Mineral Resources by all the people of South Africa;
substantially and meaningfully expand opportunities for HDSAs, including women, to enter the mining and minerals industry and to benefit from the exploitation of the nation’s Mineral Resources;
use the industry’s existing skills base for the empowerment of HDSAs;
expand the skills base of HDSAs in order to serve the community;
promote employment and advance the social and economic welfare of mining communities and the major labour-sending areas; and
promote beneficiation of South Africa’s mineral commodities.

The Mining Charter, 2004 envisaged measuring progress on transformation of ownership by:
taking into account, amongst other things, attributable units of production controlled by HDSAs;
allowing flexibility by credits or offsets, so that, for example, where HDSA participation exceeds any set target in a particular operation, the excess may be offset against shortfalls in another operation;
taking into account previous empowerment deals in determining credits and offsets; and
considering special incentives to encourage the retention by HDSAs of newly acquired equity for a reasonable period.

Under the Mining Charter, 2004, the mining industry agreed to assist HDSA companies in securing finance to fund participation in an amount of ZAR 100 billion over the first five years of the Mining Charter, 2004 being in effect. Beyond the ZAR 100 billion commitment, HDSA participation was to be significantincreased on a willing seller, willing buyer basis, at fair market value, where the mining companies are not at risk.

Mining Charter, 2010

Following a reviewof the progress made in the transformation of the mining industry against the Mining Charter, 2004 objectives, the DMRE amended the Mining Charter, 2004. The Amendment of the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2010 (Mining Charter, 2010) was published on 20 September 2010. The Mining Charter, 2010 retained the requirement to AngloGold Ashanti. achieve a 26 percent HDSA ownership of mining assets by the year 2014, initially introduced under the Mining Charter, 2004. It also introduced further amendments to the Mining Charter, 2004 which required mining companies to:
facilitate local beneficiation of mineral commodities;
procure a minimum of 40 percent of capital goods, 70 percent of services and 50 percent of consumer goods from HDSA suppliers (i.e. suppliers in which a minimum of 25 percent + one vote of share capital is owned by HDSAs) by 2014. The aforesaid procurement targets are, however, exclusive of non-discretionary procurement expenditure;
ensure that multinational suppliers of capital goods put a minimum of 0.5 percent of their annual income generated from South African mining companies into a social development fund (effective 2010) to contribute to the socio-economic development of South African communities;
achieve a minimum of 40 percent HDSA demographic representation by 2014 at executive management (board) level, senior management (EXCO) as well as positions requiring core and critical skills, middle management level and junior management level;
invest up to 5 percent of annual payroll in essential skills development activities; and
implement measures to improve the standards of housing and living conditions of mineworkers by converting or upgrading mineworkers’ hostels into family units, attaining an occupancy rate of one person per room and facilitating home ownership options for all mineworkers in consultation with organised labour, by 30 April 2014.

In addition, AngloGold Ashanti could incur fines, penalties and other sanctions, environmental clean-up costs, and third-party claims for personal injury or property or natural resources damages; suffer reputational damage; and bemining companies were required to install costly pollution control equipment ormonitor and evaluate their compliance with the Mining Charter, 2010 and submit annual compliance reports to modify or suspend operations, asthe DMRE.

The South African government takes a result“Scorecard” approach to the different facets of actual or alleged violations or liabilities under EHS lawspromoting the objectives of the Mining Charter, 2010, e.g. when considering applications for the conversion of existing old order rights into new order rights. The Scorecard sets out the requirements of the Mining Charter, 2010 in tabular form which allows the DMRE to “tick off” areas where a mining company is in compliance, such as: human resource development; employment equity; migrant labour; mine community and regulations. rural development; housing and living conditions; ownership and joint ventures; beneficiation; and reporting.

The Scorecard attached to the Mining Charter, 2010 made provision for a phased-in approach for compliance with the view of achieving the abovementioned targets over a 5-year period ended on 30 April 2014. For measurement purposes, the Scorecard allocated various weightings to the different elements of the Mining Charter, 2010.

Failure to comply with applicable EHS laws and regulations may also result in the suspension or revocationprovisions of permits and, in some jurisdictions, our rightthe Mining Charter, 2010 amounted to mine a given concession. AngloGold Ashanti’s ability to obtain and maintain permits and other approvals and to successfully operate in particular communities may be adversely impacted by real or perceived effects oncontravention of the environment or human health and safety associated with AngloGold Ashanti’s or other mining companies’ activities. In addition, unknown environmental hazards may exist at the company’s propertiesMPRDA, which may have been caused by previous ownersresulted in the cancellation or operators.

Water Management

suspension of a mining company’s existing mining rights and prevented its South African operations from obtaining any new mining rights. To date, AngloGold Ashanti’s mining and processing operations are heavily dependent upon accessAshanti has not yet received its “Scorecard” from the South African government in order to substantial volumes of water required for such operations. Typically, water-use permits or water rights in each country impose limits on the quantity of water that can be extracted from certain sources and require, among other things, that wastewater from mining operations meet certain water quality criteria upon discharge. Water supply, quality and usage are areas of concern globally, but are particularly significant for operations in Brazil, Ghana and South Africa, and for exploration projects in Colombia, where there is significant potential environmental and social impact and a high level of stakeholder scrutiny. Any failure to secure access to suitable water supplies, or achieve and maintainassess its compliance with the requirements of the permitsMining Charter, 2010.

In March 2015, the MRE Minister announced that the DMRE and the Minerals Council South Africa (Minerals Council) had agreed to submit certain matters relating to the interpretation of the Mining Charter, 2010 including the qualification of certain historical BBBEE transactions (defined below) for meeting the HDSA ownership thresholds, to the courts in South Africa for determination and clarification. Papers were filed by the Minerals Council and the DMRE, but the matter was not heard in court and was subsequently postponed.

Separately, the law firm Malan Scholes launched an application challenging the constitutionality of the Mining Charter, 2004 and the Mining Charter, 2010 requesting that the Charters be set aside. This application was dismissed.

On 9 March 2016, AngloGold Ashanti received a notice from the DMRE stating that the company was not compliant with the 26 percent HDSA ownership requirement. The notice directed the company to remedy the non-compliance within 60 days. Failure to comply with the order could constitute an offence under the MPRDA and negatively impact AGA’s “Scorecard” assessment. On 14 March 2016, AngloGold Ashanti timely responded to the non-compliance notice. The DMRE provided no further response and, consequentially, the notice has lapsed.

Mining Charter, 2017

On 15 June 2017, the MRE Minister gazetted the Broad-Based Black Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2017 (Mining Charter, 2017), which came into effect on the same day. The Mining Charter, 2017 sought to align the Mining Charter, 2010 with the Broad-Based Black Economic Empowerment Act, No. 53 of 2003, in order to ensure meaningful participation of black people in the mining industry and to provide for policy and regulatory certainty to ease the investment in and development of the mining industry. The Minerals Council launched an urgent application to interdict the implementation of the Mining Charter, 2017 and set it aside. The DMRE filed papers in court and the urgent application was due to be heard in court on 14 September 2017. Notwithstanding the aforesaid urgent application in court, the MRE Minister and the Minerals Council reached an agreement on 13 September 2017 wherein the MRE Minister undertook to suspend the Mining Charter, 2017 pending the outcome of the DMRE/Minerals Council application.

The DMRE/Minerals Council application was heard on 9 and 10 November 2017 and judgment was handed down on 4 April 2018. The High Court of South Africa held that:

Once the MRE Minister or licenses, could resulthis delegate is satisfied in curtailmentterms of section 23(1)(h) of the MPRDA that the grant of a mining right (applied for in terms of section 22 of the MPRDA) will further the objects referred to in section 2(d) and (f) of the MPRDA (in accordance with the Charter referred to in section 100) and has granted the mining right applied for, the holder thereof is not thereafter legally obliged to restore the percentage ownership (howsoever measured, inter alia, wholly or partially by attributable units of South African production) controlled by HDSAs to the 26 percent target referred to in the Mining Charter, 2004 and the Mining Charter, 2010 , where such percentage falls below 26 percent, unless such obligation is specified in the terms and conditions of the mining right, as referred to in section 23(6) of the MPRDA;
The holder of a mining right’s failure to meet the 26 percent ownership target (either in terms of the Mining Charter, 2004 or the Mining Charter, 2010) does not amount to a material breach of the mining right for the purposes of section 47 of the MPRDA (i.e. failure to meet the 26 percent HDSA ownership target will not be a ground for suspension or cancellation of productionthe mining right) nor does it constitute an offence in terms of section 98 of the MPRDA. This, however, does not apply where the terms and conditions of the right itself have stipulated that the 26 percent HDSA ownership must be retained;
If the 26 percent HDSA ownership participation has, for any reason, been diluted to a lesser percentage, there is no obligation to rectify such lower level once the holder of the mining right has initially achieved the 26 percent HDSA ownership participation requirement. This does not apply where the terms and conditions of the right itself have stipulated that the 26 percent HDSA ownership must be retained;

The Mining Charter, 2010 does not retrospectively deprive holders of mining rights of the benefits of credit offsets; the continuing consequences of empowerment transactions concluded after the MPRDA came into effect; and the right to off-set credits achieved in one operation against any shortfalls encountered in another operation; and
While it did not make any pronouncements on the validity of the Mining Charter, 2010, this should not be taken as a confirmation that the Mining Charter, 2010 was validly issued in terms of section 100(2) of the MPRDA or that “it is the charter contemplated in section 100” of the MPRDA.

On 19 April 2018, the DMRE filed a notice of intention to appeal the High Court judgment. Such notice was granted on 19 September 2019 entitling the DMRE to file an appeal at the affected operation. IncidentsSupreme Court of water pollutionAppeal. Notwithstanding the repeal of the Mining Charter, 2017 by the adoption of the Mining Charter, 2018 (defined below), the findings of the High Court judgment remain relevant to mining right holders and these findings will be the subject of the pending appeal before the Supreme Court of Appeal which has not yet been progressed.

Mining Charter, 2018

On 27 September 2018, the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter, 2018) was published and became effective on the same date. The Mining Charter, 2018 repeals the Mining Charter, 2004; the Mining Charter, 2010; and the Mining Charter, 2017. The Mining Charter, 2018 stipulates that it is to be read together with implementation guidelines, gazetted on 19 December 2018. On 26 March 2019, the Minerals Council filed an application for judicial review to set aside certain provisions of the Mining Charter, 2018. It is not clear when the matter will be heard in court.

Some of the key provisions of the Mining Charter, 2018 include:
Existing mining right holders who have achieved the 26 percent HDSA ownership target shall be recognized as compliant for the duration of the mining right. However, the “the once empowered always empowered” principle shall not be applicable on the transfer or shortage can,renewal of the mining right.;
An application, which was lodged and accepted prior to the commencement of the Mining Charter, 2018 shall be processed in extreme cases, leadterms of the Mining Charter, 2010 with a minimum of 26 percent HDSA ownership. The right holder must within a period of five years from the effective date of such mining right, increase its HDSA ownership to community protest and ultimately resulta minimum of 30 percent;
A new mining right must have a minimum of 30 percent HDSA ownership, which shall include economic interest plus corresponding percentage of voting rights per mining right or in the withdrawalmining company which holds a mining right. The 30 percent HDSA ownership must be distributed as follows:
a minimum of community5 percent non-transferable carried interest to qualifying employees;
a minimum of 5 percent non-transferable carried interest or “equity equivalent benefit” to host communities; and government support
a minimum of 20 percent effective ownership in the form of shares to a BEE entrepreneur, 5 percent of which must preferably be for women;
The Mining Charter, 2018 reduced the offset available for beneficiation from 11 percent to 5 percent, but on the basis that existing mining right holders, who qualified for the previous offset, would be allowed to retain it for the duration of the right. Right holders must submit a Beneficiation Equity Equivalent Plan (as outlined in implementation guidelines) to the DMRE for approval. Further, mining right holders must submit an annual progress report to the DMRE, which report must be in line with the approved Beneficiation Equity Equivalent Plan;
Mining companies must have Historically Disadvantaged Persons (as defined in the MPRDA) representation at various levels of the company, i.e. board 50 percent (20 percent women); executive management 50 percent (20 percent women); senior management 60 percent (25 percent women); middle management 60 percent (25 percent women); junior management 70 percent (30 percent women) and a minimum 1.5 percent of all employees must be employees with disabilities. A period of five years is provided for mining companies to align with the employment equity targets and a 5-year plan indicating progressive implementation of the provisions of the employment equity targets must be submitted to the DMRE within 6 months of the publication of the Mining Charter, 2018;
New procurement targets have been introduced. 70 percent of total mining goods procurement spend must be on South African manufactured goods. South African manufactured goods are defined as goods with a minimum of 60 percent local content during the assembly or manufacturing of the product in South Africa. The calculation of local content excludes profit mark-up, intangible value such as brand value and overheads. A minimum of 80 percent of the total spend on services must be sourced from South African companies. The transitional arrangement period for compliance with the procurement targets is five years from the publication of the Mining Charter, 2018; and
The Mining Charter, 2018 provides for the specific application of certain of the elements of the Mining Charter, 2018 to holders of licences under the Precious Metals Act, No. 37 of 2005 and the Diamonds Act, No. 56 of 1986 with variations and exemptions depending on the size of the licence holder. For example, enterprises with a turnover of less than ZAR 1 million are exempt from the Mining Charter, 2018 in its entirety. Enterprises with a turnover of more than ZAR 50 million must comply with the Mining Charter, 2018 in its entirety.

On 25 February 2019, AngloGold Ashanti received a directive from the DMRE stating that the company was not compliant with the amendment process required by the MPRDA in connection with BEE transactions entered into by the company after the conversion of the West Wits mining rights. The DMRE instructed AngloGold Ashanti to submit an application to amend the clauses of two of its West Wits mining rights which record the BEE transactions entered into and implemented by the company to reflect further details of those BEE transactions and provide certain information relating to such transactions. On 7 March 2019, AngloGold Ashanti

submitted an application for consent of the MRE Minister to amend the clauses of the two West Wits mining rights which record the BEE transactions entered into and implemented by the company accordingly and provided the requested information.  The DMRE has not reverted to AngloGold Ashanti on the submitted application which remains pending. Should AngloGold Ashanti be found in breach of its obligations to comply with the MPRDA or the applicable mining charter, it may be compelled to conclude additional BEE transactions. In the event that AngloGold Ashanti applies for a new mining right, it will have to comply with the Mining Charter, 2018 ownership requirements and it will not be entitled to rely on its current BEE ownership structure.

The Code of Good Practice for the Minerals Industry

Section 100(1)(b) of the MPRDA obliged the MRE Minister to develop a code of good practice for the South African minerals industry (Code) which was published on 29 April 2009. The Code is a guiding document and its purpose is to set out administrative principles to enhance implementation of the Mining Charter, 2004 (including later iterations thereof) and the MPRDA. The Code is to be read in combination with the Mining Charter, 2004 (including later iterations thereof) and other legislation relating to measurement of socio-economic transformation in the South African mining industry. The Code does not replace the Mining Charter, 2004 (including later iterations thereof), nor any key legislation and laws relating to the minerals and the petroleum industry, but serves as a statement of policy and principles that assists in the implementation of both the MPRDA and the Mining Charter, 2004 (including later iterations thereof).

The Housing and Living Conditions Standard

On 20 March 2019, the MRE Minister published the draft Reviewed Housing and Living Conditions Standard for the Minerals Industry, 2019 (Draft Reviewed Housing Standard) in the Government Gazette No. 42326 under GNR. 449 inviting interested and affected parties to submit written representations on the draft within 30 days of the publication of the notice. The Draft Reviewed Housing Standard proposes, among other things, that:
An existing mining right holder must within a period of 6 months from the date of publication of the Draft Reviewed Housing Standard submit a detailed Housing and Living Conditions Plan;
A new mining right holder must within a period of 12 months from the date of publication of the Draft Reviewed Housing Standard consult with organized labour, the relevant municipality and the Department of Human Settlements and enter into a housing and living conditions agreement with organized labour regarding its mine employee housing and living conditions needs;
A mining right holder will be required after consultation with other stakeholders to acquire land within close proximity of the mine operations and plan housing needs in support of compact, integrated and mixed land use environment; and
A mining right holder must offer employees a range of housing options which include, amongst other things, rental accommodation, home ownership, government led social housing and living out allowance.

Draft Mine Community Resettlement Guidelines

On 4 December 2019, the MRE Minister published the Draft Mine Community Resettlement Guidelines, 2019 (Draft Resettlement Guidelines) for public comment in the Government Gazette No. 42884 under GNR. 1566. The closing date for submission of written representations was 31 January 2020. Some of the key provisions of the Draft Guidelines include the following:
The Draft Resettlement Guidelines apply to both applicants (Applicants) and existing holders (Holders) of mining rights, prospecting rights and mining permits in terms of the MPRDA where prospecting or mining activities will have the effect of displacement or resettlement of the interested and affected parties (as defined in the Draft Resettlement Guidelines meaning any person, group of persons, or organization interested in or affected by a resettlement activity and any organ of state that may have jurisdiction over any aspect of the resettlement activity);
Applicants and Holders are required to make provision for development of a Resettlement Plan, Resettlement Action Plan and Resettlement Agreement; and
No mining activity shall commence until a Resettlement Agreement is reached on the appropriate amount of compensation as a result of the resettlement of the affected parties. An Applicant/Holder, where feasible, must provide financial assistance to affected parties. A “Party to Party dispute resolution process” must be invoked prior to embarking on the Regional Manager-led process in section 54 of the MPRDA.

The BBBEE Amendment Act

On 23 January 2014, the President of South Africa assented to the Broad-Based Black Economic Empowerment Amendment Act, No. 46 of 2013 (BBBEE Amendment Act). The BBBEE Amendment Act came into effect on 24 October 2014 with the object of amending the Broad-Based Black Economic Empowerment, 2003 (BBBEE Act) to provide a framework of principles, strategies and guidelines aimed at promoting the broad-based socio-economic empowerment of HDSAs across the South African economy and society in the form of ownership, management, employment equity, skills development, preferential procurement, enterprise development and socio-economic development. The BBBEE Amendment Act includes a number of changes to the framework under the BBBEE Act, including:
amending and clarifying the definition of the intended beneficiaries of such framework;
amending the definition of “Broad-Based Black Economic Empowerment” or “BBBEE”, to introduce the concept of viable BBBEE and providing standards for that preferential procurement;

expanding the scope of the BBBEE Codes of Good Practice (BBBEE Codes), and the related transformation charters, on BBBEE matters that the Minister of Trade and Industry can issue under the BBBEE Act for specific sectors of the South African economy and making it compulsory for public authorities, governmental agencies and other public entities to apply such codes (Sector Codes);
introducing into the BBBEE Act the definition of “fronting BBBEE practices” (i.e. a transaction, arrangement or other act or conduct that directly or indirectly undermines or frustrates the achievement of the objectives of the BBBEE Act or the implementation of any of its provisions), which to date has been developed outside of the BBBEE Act and has now been expanded:
to capture more sophisticated and unsuspecting fronting transactions;
making fronting a criminal offense that is punishable with imprisonment and fines under certain circumstances, reasserting in the BBBEE Act the common law remedies for misrepresentation and more generally enhancing the enforcement mechanism against fronting;
establishing a BBBEE Commission responsible for overseeing, supervising and promoting compliance with the BBBEE Act, as well as receiving and investigating BBBEE-related complaints; and
providing that the Department of Trade and Industry (DTI) may impose special requirements for specific industries.

Before the BBBEE Amendment Act came into effect, the BBBEE Act provided that in the event of a conflict between the BBBEE Act and any other law in force immediately prior to the commencement of the BBBEE Act, the BBBEE Act would prevail if the conflict specifically relates to a matter addressed in the BBBEE Act. The BBBEE Amendment Act inserted a new provision in the BBBEE Act whereby the BBBEE Act trumps the provisions of any other law in South Africa with which it conflicts, provided such conflicting law was in force immediately prior to the effective date of the BBBEE Amendment Act. The provision became effective as from 24 October 2016.

On 27 October 2015, the Minister for Trade and Industry published Government Notice 1047 of Government Gazette No. 39350, which declared an exemption in favour of the DMRE from applying the requirements contained in section 10(1) of the BBBEE Act for a period of 12 months. The exemption can be read as confirmation that the DTI sees the BBBEE Codes as “applicable” to the mining industry after the exemption is lifted on 27 October 2016.

Additionally, the revised BBBEE Codes of Good Practice (Revised BEE Codes) became effective on 1 May 2015. Both the BBBEE Amendment Act and the Revised BEE Codes expressly stipulate that where an economic sector in South Africa has a Sector Code in place for BEE purposes, companies in that sector must comply with the Sector Code. For purposes of the BBBEE Act, none of the mining charters referred to above (i.e. Mining Charter, 2004; Mining Charter, 2010; Mining Charter, 2017 or Mining Charter, 2018) are Sector Codes. It is not, at this stage, clear what the interplay between the applicable mining charter and the BBBEE Act and Revised BEE Codes is. The government could designate the applicable mining charter as a Sector Code in the future, in which case it would be under the auspices of the BBBEE Act, but it has not chosen to do so with respect to the Mining Charter, 2010 in its Government Gazette notice of 17 February 2016 which designated, for example, the tourism sector code and property sector code as applicable and valid Sector Codes. Until such determination is made, if at all, the applicable mining charter remains a stand-alone document under the auspices of the MPRDA and may become subject to the trumping provision discussed above. The resulting legal uncertainty could be addressed by a clarification from the government or by the matter receiving judicial attention.

Historically, there has been some debate as to whether the BBBEE Act and the BBBEE Codes apply to the mining industry, taking into account that the BBBEE Act requires every organ of state and public entity to give due consideration to the BBBEE Codes when issuing licenses, concession or other authorisations.

While the MPRDA and the BBBEE Act have an overlapping focus, the BBBEE Act and the Revised BEE Codes do not require the DMRE to apply the Revised BEE Codes when determining the qualification criteria for the issuing of mining rights, nor do they require that the DMRE apply the Revised BEE Codes as a requirement for the retention of existing mining rights. The Revised BEE Codes will nevertheless apply to mining companies if they wish to be scored for the purpose of contracting with organs of state.

Land Expropriation

Constitutional Amendment Bill

On 27 February 2018, the National Assembly resolved to assign the Constitutional Review Committee (CRC) to review section 25 of the Constitution of the Republic of South Africa (Constitution) and other clauses where necessary to allow the state to expropriate land in the public interest without compensation. This resolution follows the African National Congress’s (ANC) resolution at its elective conference in December 2017 to pursue expropriation of land without compensation in a manner that does not destabilise the agricultural sector, endanger food security or undermine economic growth and job creation. In its report dated 15 November 2018, which was adopted by Parliament on 4 December 2018, the CRC recommended that section 25 of the Constitution be amended to make explicit that expropriation of land without compensation is a legitimate option for land reform. As a result, the draft Constitution Eighteenth Amendment Bill, 2019 (Constitutional Amendment Bill) was published for public comment on 6 December 2019. The Constitutional Amendment Bill proposes that where land and any improvements thereon are expropriated for the purposes of land reform, nil compensation may be payable. The Constitutional Amendment Bill does not specify the circumstances in which a court may determine that the amount of compensation is nil, but states that national legislation must set out such circumstances.


Draft Expropriation Bill

Separately, the Draft Expropriation Bill, 2019 (Expropriation Bill) was published for public comment on 21 December 2018. The Expropriation Bill proposed the inclusion of a provision in the Constitution to the effect that it may be just and equitable for nil compensation to be paid where land is expropriated in the public interest. The Expropriation Bill has not been progressed.

MPRDA provisions

Section 5(3) of the MPRDA entrenches a statutory right of access for the mining right holder to the mining area for the purposes of conducting mining operations and does not require the mining right holder to own the land on which it conducts operations. Once a mining right is granted, the landowner has no right to refuse the conducting of mining operations on the property in question and is not entitled to compensation from the mining right holder for the use of the land for mining operations conducted in terms of the MPRDA. The DMRE may, in terms of section 54(3) of the MPRDA, request the parties concerned to endeavour to reach an agreement for the payment of compensation for loss or damage if the DMRE concludes that the landowner has suffered or is likely to suffer loss or damage as a result of the mining operations. Section 55 of the MPRDA further provides the MRE Minister with powers to expropriate the land in question for purposes of mining.

Tax laws relating to mining

The Royalty Act

The Mineral and Petroleum Resources Royalty Act, No. 28 of 2008 (Royalty Act) was promulgated on 24 November 2008 and came into operation on 1 March 2010. The Royalty Act imposes a royalty on refined and unrefined minerals payable to the state.

The royalty in respect of refined minerals (which include gold and silver) is calculated by dividing earnings before interest and taxes (EBIT) as determined by the Royalty Act, by the product of 12.5 times gross revenue calculated as a percentage, plus an additional 0.5 percent. EBIT refers to taxable mining income (with certain exceptions such as no deduction for interest payable and foreign exchange losses) before assessed losses but after capital expenditure. A maximum royalty of 5 percent of gross revenue has been introduced for refined minerals.

The royalty in respect of unrefined minerals (which include uranium) is calculated by dividing EBIT by the product of nine times gross revenue calculated as a percentage, plus an additional 0.5 percent. A maximum royalty of 7 percent of gross revenue was introduced for unrefined minerals. Where unrefined minerals (such as uranium) constitute less than 10 percent in value of the total composite minerals, the royalty rate in respect of refined minerals may be used for all gross revenue and a separate calculation of EBIT for each class of minerals is not required. For AngloGold Ashanti, this means that currently the company will pay a royalty based on refined minerals (as the unrefined minerals (such as uranium) for AngloGold Ashanti for 2019 constituted less than 10 percent in value of the total composite minerals). The rate of royalty tax payable for 2019 was 0.5 percent of gross revenue of the company’s South African operations.

Where feasible,In 2013, the President appointed the Davis Tax Committee to review the current mining tax regime.  In the Second and Final Report on Hard Rock Mining released in November 2017, the Davis Tax Committee recommended an update and refinement of the schedules in the Royalty Act, suggesting it should form part of regulations made by the Minister of Finance in the Government Gazette rather than forming part of the legislation itself. The Davis Tax Committee called upon the South African Revenue Service (SARS) to issue a comprehensive interpretation notice on the Royalty Act to dispel industry uncertainty.

Some of the other preliminary recommendations of the Davis Tax Committee have included the upfront capital expenditure write-off regime being discontinued and replaced with an accelerated capital expenditure depreciation regime, which is in parity with the write-off periods provided for in respect of the manufacturing (40/20/20/20) basis. Another recommendation has been to bring the taxation of newly established gold mines into line with the tax regime applicable to non-gold mining taxpayers (in so far as possible). The Davis Tax Committee has recommended that the so called “gold formula” be retained for existing gold mines. Given the retention of the gold formula for existing gold mines, it will be necessary to retain ring-fences in mines where the gold formula subsists. With regard to the additional capital allowances available to gold mines, the Davis Tax Committee has recommended that such allowances should be phased out so as to bring the gold mining corporate income tax regime into parity with the tax system applicable to taxpayers as a whole.

Environmental laws relating to mining

National Environmental Management Act

The MPRDAA repealed the sections in the MPRDA that dealt with environmental regulation of mining and prospecting operations. This was the first step in migrating environmental regulation provisions from the MPRDA into National Environmental Management Act, No. 107 of 1998 (NEMA). NEMA was then amended by the National Environmental Management Amendment Act, No. 62 of2008 and then again by the National Environmental Management Laws Amendment Act, No. 25 of 2014, and now includes provisions to deal with environmental regulation of mining and prospecting which provisions are administered by the MRE Minister.


Pursuant to section 24N(8) of NEMA, directors of a company are jointly and severally liable for any negative impact on the environment, whether advertently or inadvertently caused by the company operates a “closed loop” system which recyclesthey represent, including damage, degradation and pollution.

See also “Item 4B: Business Overview-Mine Site Rehabilitation and Closure” and “Item 4B: Business Overview-Environmental, Health and Safety Matters”.

Financial Provision Regulations

On 20 November 2015, the water used in its operations without discharging itRegulations Pertaining to the environment. InFinancial Provision for Prospecting, Exploration, Mining or Production Operations were published in the Government Gazette No. 39425 under GNR. 1147 (Financial Provision Regulations, 2015), and now fall under NEMA. The Financial Provision Regulations, 2015 are similar to the previous provisions under the MPRDA. However, the mining industry believes some areas, however, suchof the significant changes introduced by the Financial Provision Regulations, 2015 include:
broader definition of “financial provision” requires the holder to make financial provisions for any adverse impacts that might arise from mining operations and is not limited to those identified in the environmental management plan (EMP), as Ghanawas previously the case;
requiring the holder to annually assess environmental liability estimates and Brazil, high levelsadjust the financial provision to the satisfaction of rainfall and surface water runoff meanthe MRE Minister;
requiring the holder to submit an audit report from an independent auditor to the MRE Minister on the adequacy of the holder’s financial provision. If the MRE Minister is not satisfied with the assessment, he is entitled to appoint his own auditor;
requiring that a holder maintain and retain a financial provision following the issuance of a closure certificate. Furthermore, the MRE Minister may retain such portion of the financial provision as may be required to rehabilitate the closed loop systemmining or prospecting operation in respect of latent, residual or any other environmental impacts, including the pumping of polluted or excess water, for a prescribed period. This is not feasibleonly in respect of holders of rights, but also now in respect of holders of old order rights and that discharges, afterholders of works;
before the coming into effect of the Financial Provision Regulations, 2015, holders could make financial provision for annual rehabilitation, final rehabilitation and post-closure residual impacts and water treatment if necessary, must take place.pumping by adding up the total amount for these three types of rehabilitation and making financial provision for the same using one or a mix of four methods:

depositing cash in to the DMRE bank account;
Waste Management

Mining and mineral processing operations generate waste rock and tailings.

During open-pit mining, large volumes of soil and/or rock (overburden) are generated to exposekeeping the ore body. Similarly, waste rock is generated during drilling and developing access to underground ore bodies. Overburden and waste rock typically contain sub-economic levels of gold and are deposited as large waste rock dumps. Mine tailings are the process waste generated once grinding and extraction of gold from the ore is completedamount in the milling process and are deposited as slurry in large storage facilities specifically designed for this purpose.

The impact of a breach, leak or other failure of a tailings storage facility can be significant, and the company therefore monitors such facilities closelyrehabilitation trust in accordance with the company’s internal standards, independent review, national regulatoryIncome Tax Act, No. 58 of 1962 (the amount in the trust can only relate to financial provision for post-closure residual impacts and water pumping and not for annual and final closure);
obtaining a financial guarantee or a bank guarantee in respect of the amount; or
using a method determined by the Director-General (uncommon in practice).
a holder’s financial provision at any given time must be equal to the sum of actual costs of implementing all three broad classes of rehabilitation for at least 10 years from such date of assessment of financial provision; and
the financial provision liability associated with annual rehabilitation, final closure and latent or residual environmental impacts may not be discounted based on value of the assets at mine closure or mine infrastructure salvage value.

Failure to align to the Financial Provision Regulations, 2015 constitutes non-compliance with section 24P of NEMA, which entitles the DMRE to issue a directive to remedy such non-compliance and failure to comply with the directive is an offence under section 49A(g) of NEMA. A person convicted of an offence under section 49A(g) of NEMA is liable to a fine not exceeding ZAR 10 million and/or to imprisonment for a period not exceeding 10 years.

The mining industry has raised concerns with the Financial Provision Regulations, 2015, in particular with respect to: confusion regarding the applicability of the Financial Provision Regulations, 2015 to applicants and to previous rights holders; duplicate funding or double provisioning; unclear methods and periods for determining financial provision; legal barriers to use of trust funds; burdensome public consultation and disclosure requirements; transitional provisions and time frames; requirements for an additional three plans; over-auditing, time and commitments madecost implications; and inclusion of care and maintenance.

On 21 September 2018, the Acting Minister of Environmental Affairs published a series of amendments to local communities. The occasional well-publicised failure of a third-party tailings facility and the potential impact of such failure also mean that these facilities are generally tightly regulated. An incident at the company’s operations could result,Financial Provision Regulations, 2015 which included, among other things, in enforcement, obligationsthe repeal of prior amendments and the extension of the deadline for compliance to remediate environmental contamination, and claims for property or natural resources damages and personal injury and negative press coverage. An incident at another company’s operations has potential to result in governments tightening regulatory requirements applicable to mining operations generally and restricting other mine operators in response.19 February 2020.

Groundwater ImpactsOn 17 January 2020, the Minister of Environment, Forestry and Fisheries published another amendment to the Financial Provision Regulations, 2015. This amendment extended the transitional period for certain existing rights and permit holders until 19 June 2021.

Proposed Financial Provision Regulations

In May 2019, the South African Proposed Regulations Pertaining to the Financial Provision for the Rehabilitation and Remediation of Environmental RemediationDamage caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations, 2019 (Proposed Financial Provision Regulations, 2019) were released for public comment.


The Proposed Financial Provision Regulations, 2019 provide that holders of prospecting rights and mining rights or permits, who applied for the right or permit prior to 20 November 2015, will be required to comply with the new regulations no later than three months following the first financial year end of the relevant holder subsequent to 19 February 2020. Some of the key features of the Proposed Financial Provision Regulations, 2019 and the concerns raised during the commenting process by mining companies are the following:
Regulation 7(3) provides that “funds set aside for financial provision must remain in place until a closure certificate is issued, unless a withdrawal as contemplated in regulation 11 is allowed”. Regulation 11 outlines the procedure for holders to follow when seeking to withdraw financial provision and provides that the MRE Minister must approve withdrawals with the concurrence of the Minister of Human Settlements, Water and Sanitation and the Minister of Finance. The withdrawal of financial provision can only occur after the stringent requirements stipulated in regulation 11 are met and are only allowed for decommissioning and final closure and not for ongoing or concurrent rehabilitation. Since the financial provision is not accessible to the holder for use during the life of the right, the holder has to effectively make double provision (the first being financial provision and the second being actual expenditure incurred for rehabilitation). The implications of regulation 7(3), read with regulation 11, may include a rise in the amount of financial guarantees provided in connection with mining operations;
Regulation 12(2) prescribes that the determination, review and assessment of financial provision must be undertaken by a specialist which must be audited by an independent auditor as provided for in regulation 13(1)(a) and submitted for approval to the MRE Minister. This requirement places a significant administrative and cost burden on the mining industry; and
Value-added tax (VAT) is included in the financial provision calculation. This inclusion is seen as onerous by the mining industry.

AngloGold Ashanti’s rights and permits

Under South African law, a mining right will be granted to a successful applicant for a period not exceeding 30 years. Thereafter, mining rights may be renewed for additional periods not exceeding 30 years at a time. A mining right can be cancelled if the mineral to which such mining right relates is not mined at the production rate undertaken by the mining right holder in the approved mining work programme. A prospecting right will be granted to a successful applicant for a period not exceeding five years and may only be renewed once for three years. In addition, a retention period of up to three years after prospecting could be allowed under certain circumstances, which may be renewed once for up to two years, subject to certain conditions. Refining licences are granted by the South African Diamond and Precious Metals Regulator for a period not exceeding 30 years and may be renewed for an unlimited number of further periods.

AngloGold Ashanti has identified groundwater contamination plumes at certain of its operations. Numerous scientific, technicalcurrently holds three mining rights in South Africa. These mining rights relate to operations in the West Wits area and legal studies have been undertaken to assistsuccessfully converted, executed and registered as new order mining rights at the Mineral and Petroleum Titles Registration Office (MPTRO). Mining right GP 30/5/1/2/2/01 MR (DMRE reference) in determiningrespect of gold, silver, nickel and uranium covers an area of approximately 6,477 hectares and expires in 2036. Mining right GP 30/5/1/2/2/11 MR (DMRE reference) in respect of gold, silver, nickel and uranium covering an area of approximately 31 hectares expired in 2016 and the magnitudecompany is currently in the process of renewing this mining right following a timely submission of a renewal application. Mining right GP 30/5/1/2/2/248 MR (DMRE reference) in respect of sand covers an area of approximately 196 hectares and expires in 2022. AngloGold Ashanti currently does not hold any prospecting rights in South Africa.

AngloGold Ashanti also held a mining permit for the recovery of sand and clay in the West Wits area. Mining permit GP 30/5/1/2/2/174 MP (DMRE reference) in respect of sand and clay expired in 2017 and the company is currently in the process of renewing this mining permit following a timely submission of a renewal application.

AngloGold Ashanti submitted an application in terms of section 102 of the MPRDA in March 2017 to consolidate the company’s three mining rights and its mining permit in South Africa into one single mining right (GP 30/5/1/2/2/01 MR) (Consolidation Application). The Consolidation Application requested the DMRE to suspend the renewal applications for mining right GP 30/5/1/2/2/11 MR and mining permit GP 30/5/1/2/2/174 MP in order to process the Consolidation Application. The DMRE acknowledged the Consolidation Application in July 2018 and is currently considering the Consolidation Application.

In addition, AngloGold Ashanti holds a refining licence (AP06789) relating to the Vaal River area expiring in 2039.


CONTINENTAL AFRICA

Democratic Republic of the Congo (DRC)

General laws relating to mining

The mining industry in the DRC is primarily regulated by law No. 007/2002 dated 11 July 2002 (2002 DRC Code) as amended by law No. 18/001 dated 29 January 2018 (Reformed DRC Mining Code) and decree No. 038/2003 dated 26 March 2003 as amended by decree No. 18/024 dated 8 June 2018 (Reformed DRC Mining Regulations).

As regards the application of the Reformed DRC Mining Code and Reformed DRC Mining Regulations, Kibali Goldmines SA (Kibali) has reserved and continues reserving its rights, including, without limitation, its stability rights under, among other legal sources,

the 2002 DRC Code. Discussions with the DRC government on these issues and the possible application of incentives that may be available under the Reformed DRC Mining Code and Reformed DRC Mining Regulations are ongoing.

In accordance with prior mining legislation, companies holding mining titles issued prior to the entry into force of the Reformed DRC Mining Code and Reformed DRC Mining Regulations have claims to a 10-year stability provision. Notwithstanding the adoption of the new regulatory regime, their rights with respect to such stability provision are reserved.

The Reformed DRC Mining Code grants the DRC Minister of Mines the authority to grant, refuse, suspend and terminate mineral rights, subject to conditions set out in the Reformed DRC Mining Code. Mineral rights may be granted in the form of exploration permits for an initial period of five years or in the form of mining permits which are granted for an initial period of 25 years. An exploration permit may, at any time before expiry, be transformed partially into a mining permit or a small-scale mining permit. Mining permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental impact study and an environmental management plan.

The holder of a mining permit is required to find sustainable remediation solutions. Basedcommence development and mine construction within three years of the award of such permit. Failure to do so may lead to forfeiture of the mining permit. A permit holder must comply with specific rules relating to, amongst other things, protection of the environment, cultural heritage, health and safety, construction and infrastructure planning. Mining and exploration activities are required to be undertaken so as to affect as little as possible the interests of lawful occupants of land and surface rights holders, including their customary rights. The exercise of mineral rights by title holders which effectively deprives or interferes with the rights of occupants and surface rights holders requires payment of fair compensation by the mineral title holder.

To protect and enforce rights acquired under an exploration or mining permit, the Reformed DRC Mining Code provides, depending on those studiesthe nature of a dispute or threat, administrative, judicial and national or international arbitral recourses.

Tax laws relating to mining

The Reformed DRC Mining Code sets out an exclusive and exhaustive tax and customs regime applicable to mining activities. Mining title holders are subject, amongst other things, to a corporate income tax of 30 percent, a windfall tax of 50 percent and are required to pay mining royalties to the DRC government. The royalty rate applicable to gold has been set at 3.5 percent. Mining title holders are also required to contribute a minimum of 0.3 percent of total turnover to community development. The standard rate of VAT is 16 percent and is applicable to all mining companies.

Mining companies are required to grant a free-carried and non-contributory participation to the DRC government. The DRC government’s free participation was previously set at 5 percent but was increased to 10 percent in respect to mining titles issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional 5 percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a 10 percent local contributory participation is also mandatory for mining titles issued after its entry into force.

Regarding exchange control rules, the Reformed DRC Mining Code requires that mining title holders repatriate onshore 60 percent of sale revenues during the investment amortization period and 100 percent once the investment amortization is completed.

The Reformed DRC Mining Code also provides for a level of fiscal stability. A stability clause stipulates that existing tax, customs and exchange control provisions applicable to mining activities are guaranteed to remain unchanged for a period of five years from the enactment of the Reformed DRC Mining Code.

Article 220 of the Reformed DRC Mining Code provides that the Prime Minister of the DRC may grant a number of incentives to provinces suffering from infrastructures deficits to encourage economic development from mining resources. Discussions are currently ongoing with the DRC government with respect to incentives that could be available under article 220 of the Reformed DRC Mining Code.

On 18 July 2012, the Convention between the government of the Republic of South Africa and the government of the DRC for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Convention) came into effect. The Convention is applicable to (i) withholding taxes on amounts paid or credited on or after 1 January 2013; and (ii) other income taxes, levied in respect of taxable periods beginning on or after 1 January 2013. The Convention reduces the withholding tax on dividends paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 5 percent and on interest paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 10 percent. A South African company must own at least 25 percent of a relevant DRC entity’s outstanding shares in order to take advantage of the reduced rates.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti holds a significant stake in the Kibali gold mine which is located in the north-eastern part of the DRC. The gold mine is owned by Kibali Goldmines SA (Kibali) which is a joint venture between Barrick (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto SA (SOKIMO) (10 percent) which represents the interest of the DRC government. The gold mine is operated by Barrick.


Kibali comprises 10 permits, of which seven expire in 2029 and three in 2030. The Kibali gold project covers an area of approximately 1,836 km2 in the Moto goldfields.

Ghana

General laws relating to mining

Control of minerals and mining companies

The Constitution of Ghana as well as discussionthe Minerals and Mining Act, 2006 (Act 703) (GMM Act) provide that all minerals in Ghana in their natural state are the property of the State and title to them is vested in the President on behalf of and in trust for the people of Ghana, with regulators,rights of reconnaissance, prospecting, recovery and associated land usage being granted under licence or lease.

The grant of a mining lease by the Ghana Minister of Lands and Natural Resources (LNR Minister) upon the advice of the Minerals Commission is subject to parliamentary ratification unless the mining lease falls into a class of transactions exempted by the Ghanaian Parliament.

The LNR Minister has the power to object to a person becoming or remaining a controller of a company which has taken steps,been granted a mining lease if the LNR Minister believes, on reasonable grounds, that the public interest would be prejudiced by the person concerned becoming or remaining such a controller.

In 2019, Parliament passed the State Interests and Governance Authority Act, 2019 (Act 990) establishing the State Interests and Governance Authority (SIGA). The functions of SIGA include the oversight and administration of the State’s interests in state-owned enterprises, joint venture companies and other entities in which the State has an interest. This applies to mining companies on account of the Government’s mandatory free-carried equity interest in mining companies as provided for under the GMM Act. However, the Government of Ghana does not have a free-carried interest in any of AngloGold Ashanti’s mines in Ghana.

Stability and development agreements

The GMM Act provides for stability agreements as a mechanism to guarantee certain terms and conditions, mainly fiscal, to which a company’s operations are subject for a period of 15 years. Stability agreements are subject to ratification by Parliament. A development agreement, as provided for by the GMM Act, may be made available to a mineral right holder with a proposed investment exceeding USD 500 million. The GMM Act also provides that the terms of a development agreement may contain stability terms as provided for in stability agreements. A development agreement is subject to parliamentary ratification.

In January 2020, the Minerals Commission proposed certain amendments to the GMM Act, including, monitored natural attenuationamong other measures, the abolishment of development agreements and phyto-technologies,the shortening of stability agreements from a period not exceeding 15 years to address soila period of five years (with a possible extension of another five years). The Minerals Commission is currently engaging with stakeholders on these proposed amendments. Following this engagement, the Minerals Commission may present the proposed amendments to the LNR Minister who can then decide to submit a draft bill to Parliament. If such bill were to be adopted by Parliament, it would not apply retroactively. As a result, the proposed amendments will not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below).

Ghana Stability Agreement

On 18 February 2004, AngloGold Limited and groundwater contamination. Subjectthe Government of Ghana agreed on the terms of a stability agreement (Ghana Stability Agreement) to govern certain aspects of the fiscal and regulatory framework under which AngloGold Ashanti would operate in Ghana following the implementation of the business combination between AngloGold Limited and Ashanti Goldfields Company Limited. The Ghana Stability Agreement necessitated the amendment of the Obuasi mining lease which had been ratified by Parliament.

Under the Ghana Stability Agreement, the Government of Ghana agreed:
to extend the term of the mining lease relating to the Obuasi mine until 2054 on terms existing prior to the business combination;
to maintain, for a period of 15 years, the royalties payable by AngloGold Ashanti with respect to its mining operations in Ghana at a rate of 3 percent per annum of the total revenue from minerals obtained by AngloGold Ashanti from such mining operations;
to ensure the income tax rate would be 30 percent for a period of 15 years. The agreement was amended in December 2006 to make the tax rate equal to the prevailing corporate rate for listed companies if the rate was less than 30 percent; and
to permit AngloGold Ashanti and any or all of its subsidiaries in Ghana to retain up to 80 percent of export proceeds in foreign currencies offshore, or if such foreign currency is held in Ghana, to guarantee the availability of such foreign currency.

The Ghana Stability Agreement also stipulates that a sale of AngloGold Ashanti’s or any of its subsidiaries’ assets located in Ghana remains subject to the Government’s approval. Furthermore, the Government retains its special rights (Golden Share) under the provisions of the GMM Act pertaining to the control of a mining company, in respect of its assets and operations in Ghana.


The Government of Ghana further agreed that AngloGold Ashanti’s Ghanaian operations will not be adversely affected by any new enactments or orders, or by changes to the level of payments of any customs or other duties relating to mining operations, taxes, fees and other fiscal imports or laws relating to exchange control, transfer of capital and dividend remittance until April 2019, which is 15 years after the completion of trialsthe business combination.

In relation to the Obuasi mine, AngloGold Ashanti (Ghana) Limited (AGA Ghana) negotiated a new development agreement and a new tax concession agreement with the technology beingGovernment. These regulatory and fiscal agreements, which govern the redevelopment of the Obuasi mine, have received parliamentary approval in June 2018. As a proven remediation technique, no reliable estimate can be made atresult of the ratification of these agreements, the Ghana Stability Agreement ceased to apply to the Obuasi mine.

Notwithstanding the aforementioned, the Ghana Stability Agreement still applied to the Iduapriem mine until it expired in April 2019. Since this timeexpiration AngloGold Ashanti (Iduapriem) Limited (AGA Iduapriem) does not benefit from any peculiar tax concessions or other protections resulting from the Ghana Stability Agreement anymore. Relevant engagements are currently ongoing between AGA Iduapriem with the Minerals Commission to obtain a new stability agreement and tax concession agreement for the obligation. Should theseIduapriem mine.

Obuasi Development Agreement

On 21 June 2018, Parliament ratified the Development Agreement in relation to the Obuasi mine (Obuasi DA) which contains stability terms as provided for in stability agreements.

The Obuasi DA confers the following rights and obligations on AGA Ghana with respect to the Obuasi mine:
Stabilization of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of 10 years with a potential of it being extended for five years;
Confirmation of accounting currency to be significant, this couldUS dollars;
Right to hold up to 80 percent of proceeds received from exporting minerals in foreign currencies outside of Ghana in accordance with existing arrangements;
Obligation to set up a “Community Trust Fund” for Obuasi funded at $2 per ounce produced;
Obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians, entities incorporated or formed in Ghana and entities owned and controlled by Ghanaians;
Obligation to give preference to Ghanaian skills where they are available;
Obligation to employ high standards of safety; and
Right to peaceful enjoyment and protection against expropriation.

Obuasi Tax Concession Agreement

The fiscal terms which will ordinarily form part of a single stabilisation document were separated from the Obuasi DA. Hence a separate tax concession agreement in relation to the Obuasi mine (Obuasi TCA) was signed with the Government. On 21 June 2018, Parliament ratified the Obuasi TCA.

The key terms of the Obuasi TCA are as follows:
Corporate Income Tax to be 32.5 percent or such lower rates as may be fixed by law (current statutory rate is 35 percent);
Unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020;
Existing tax losses and new tax losses as well as a special concession to carry forward capital allowances to be converted into tax losses as at the end of 2020, will apply to AGA Ghana (whoever is the owner of AGA Ghana and whether or not AGA Ghana was to enter into a joint venture in respect of the Obuasi mine);
Exemptions of certain items from Import Duty;
Exemption of the following transactions from Capital Gains Tax:
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;
transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 35 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Non-application of section 62(1) of the Income Tax Act, 2015 (Act 896) in relation to change in underlying ownership under the following circumstances:
a joint venture in relation to Obuasi gold mine;
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;

transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 50 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Sliding scale royalty rate ranging from 3 percent to 5 percent for a price ranging from $1,300 up to $2,000 and above per ounce instead of the current flat rate of 5 percent;
Exemption from the payment of VAT on items imported under the Import Duty List up to 31 December 2023; and
Entitlement to a refund of VAT credit at the pre-production stage notwithstanding that AGA Ghana will not meet certain conditions for qualifying for refunds.

Corporate regulation

Parliament passed the new Companies Act, 2019 (Act 992) which repeals the Companies Act, 1963 (Act 179). Act 992 introduced amendments to the regulation of companies in Ghana and establishes the Office of the Registrar of Companies. As a general matter, Act 992 maintained the provisions of Act 179. It, however, introduces stricter requirements for persons who are to be appointed as directors of a company as well as for company secretaries. Companies are also required to appoint new external auditors every six years.

A company is also not required to have bylaws or “regulations” as was the case under Act 179. Instead, a company may opt to have a material adverse impact upon AngloGold Ashanti’s resultsregistered constitution. Nevertheless, it is expected that the current regulations for AGA Ghana and its financial condition.AGA Iduapriem will be redrafted and filed at the Companies Registry. Further, a company is not required to have specific objects as prescribed previously. The implication of this is that a company can carry out any type of business unless otherwise specifically stated in the company’s constitution.

As AngloGold Ashanti or its predecessors haveGovernment’s Golden Share

Section 60(1) of the GMM Act provides that the Government of Ghana can require a long historymining company to issue for no consideration to the Republic of Ghana a special share (Golden Share) by notice in writing to such mining company. The Government of Ghana exercised this right in respect of AGA Ghana and as a result was issued with a Golden Share in AGA Ghana. Under the Ghana Stability Agreement, this Golden Share was to apply solely to AGA Ghana’s assets and operations in certain regions, issuesGhana. Following the expiration of the Ghana Stability Agreement in April 2019, the Government of Ghana reconfirmed and agreed in the Obuasi DA that the Government’s rights with respect to its Golden Share apply only in respect of AGA Ghana’s assets and operations in Ghana.

The Golden Share may arise regarding historical environmental impactsonly be held by or transferred to a Minister of the Government or any person acting on those areas,behalf of such Government and authorised in writing by such Minister.

The following matters require, and will not be effective without, the written consent of the holder of the Golden Share:
any amendment to or removal of the relevant provisions of the AGA Ghana Regulations setting out the rights and restrictions attaching to the Golden Share;
the voluntary winding-up or voluntary liquidation of AGA Ghana;
the redemption of or purchase by AGA Ghana of the Golden Share;
the disposal of any mining lease held by AGA Ghana or any subsidiary of AGA Ghana; and
any disposal by AGA Ghana (other than any disposal in the ordinary course of business of AGA Ghana) which, alone or when aggregated with any disposal or disposals forming part of, or connected with, the same or a connected transaction, constitutes a disposal of the whole or a material part of the assets of the AGA Ghana group taken as a whole. For this purpose, a part of the AGA Ghana group’s assets will be considered material if either (a) its book value (calculated by reference to the then latest audited consolidated accounts), or the total consideration to be received on its disposal, is not less than 25 percent of the book value of the net assets of the AGA Ghana group or (b) the average profits attributable to it represent at least 25 percent of the average profits of the AGA Ghana group for the last three years for which audited accounts are available (before deducting all charges, except taxation and extraordinary items).

Upon a return of assets in a winding-up or liquidation of AGA asGhana, the current owner/operator,holder of the Golden Share is entitled to the sum of GHS 0.10 cedis in priority to any payment to other members, but the Golden Share confers no further right to participate in the profits or assets of AGA Ghana. The Golden Share carries no right to any dividend or any right to participate in any offer of securities to existing shareholders or in any capitalisation issue.

The holder of the Golden Share may be legally responsible.require AGA Ghana to redeem the Golden Share at any time in consideration of the payment to such holder of GHS 0.10 cedis.






Tax laws relating to mining

Fiscal regime

Currently, the main tax laws in Ghana include the following acts and regulations:
Income Tax Act, 2015 (Act 896) (as amended) and Income Tax Regulations, 2016 (L.I. 2244);
Customs Act, 2015 (Act 891) (as amended) and Customs Regulations, 2016 (L.I. 2248);
Value Added Tax, 2013 (Act 870) (as amended) and Value Added Tax Regulations, 2016 (L.I. 2243); and
Revenue Administration Act, 2016 (Act 915).

In addition,2012, the tax laws of Ghana were amended. Changes to the tax laws included:
An increase in the income tax rate applicable to mining businesses from 25 percent to 35 percent. The Obuasi TCA limits the corporate income tax rate for AGA Ghana to 32.5 percent and AGA Iduapriem was protected until April 2019 from any increase exceeding the rate provided for under the Ghana Stability Agreement. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem currently pays an income tax rate of 35 percent;
Introduction of a new capital allowance regime for class 3 assets (which include mineral and petroleum exploration and production rights, buildings, structures and works of a permanent nature used in mineral and petroleum exploration and production and plant and machinery used in mining and petroleum operations) that provides for a 20 percent straight line rate for a period of five years. AGA Ghana is protected under the Obuasi TCA and AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement;
Elimination of the 5 percent allowance on prior year additions. Prior to the 2012 amendment, the tax code granted an additional 5 percent of the value of assets acquired and qualified to be classified as class 3 assets for the purpose of granting capital allowances. Capital allowance is now 20 percent each year on the total value of the assets. The Obuasi TCA provides that unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020. From 1 January 2021, any such unutilized capital allowances shall be 20 percent each year on the total value of assets. AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement; and
A ring fencing rule to prevent mining businesses from deducting or setting off costs from one mining area with another’s income. This ring fencing rule applies to AGA Ghana under the Obuasi TCA. Pursuant to the Ghana Stability Agreement, this change did not affect AGA Iduapriem until April 2019.

Between 2018 and 2019, the following changes have been made to the fiscal regime of Ghana:
The Minerals Income Investment Fund Bill has been passed by Parliament to establish a Fund to receive mineral royalties and related income as well as establish a special purpose vehicle to vest the Ghanaian Government’s carried interest in mining companies. It will also provide for the disbursement and management of the royalties received from mineral rights holders by Ghana’s Government. This would not impose any additional burden on mining companies such as AngloGold Ashanti identifiedbut would only change the legal personality holding the Ghanaian Government’s carried interest; and
The Income Tax (Amendment) Act, 2019 (Act 1007) was passed to revise the rates of tax for the chargeable income for resident individuals, and to provide for a floodingtax holiday for automobile manufacturers and future pollution riskassemblers.

VAT

In 2018, the Value Added Tax (Amendment) Act, 2018 (Act 970) revised the VAT rate on taxable supplies to deep groundwater12.5 percent. The National Health Insurance (Amendment) Act, 2018 (Act 971) decoupled the National Health Insurance Levy of 2.5 percent from the VAT and as a result is no longer included in the Far West Rand goldfieldsVAT. Act 971 converted the NHI Levy into a straight levy which is not subject to the input and output method of accounting for VAT. Same was done for the Ghana Education Trust Fund portion of the VAT under the Ghana Education Trust Fund (Amendment) Act, 2018 (Act 972). The implication is an increase in South Africa.the total tax liability payable by the consumer. However, by virtue of the Obuasi DA and Obuasi TCA, AGA Ghana will not be affected by these revised rates. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem is subject to these revised rates.

Income taxes

In November 2015, Parliament passed the Income Tax Act, 2015 (Act 896) (ITA) which repealed the Internal Revenue Act, 2000, (Act 592), as amended. The ITA became effective from 1 January 2016 for the 2016 year of assessment. The ITA ring fences and taxes income derived from mining operations at the rate of 35 percent. For the purpose of ascertaining the income of a person for taxation, each separate mineral operation is treated as independent business and taxed accordingly. The Obuasi TCA for AGA Ghana provides for a stabilised income tax rate of 32.5 percent. Pursuant to the Ghana Stability Agreement, the ITA did not apply to AGA Iduapriem until April 2019. Following its expiration, AGA Iduapriem currently pays income tax at the rate of 35 percent.

The ITA provides for the carrying forward of losses for up to five years and those losses carried forward can only be used in the order in which they were generated or incurred. The ITA further prohibits the deferment of capital allowances calculated or granted for a particular year.


The ITA imposes a withholding tax on dividends paid by a person conducting mineral operations in Ghana at 8 percent. This is regardless of the amount of shareholding a shareholder or shareholders may have in the entity paying the dividend. However, a person holding or controlling directly or indirectly at least 25 percent of the voting power of the company paying the dividend may be allowed some tax exemptions. The ITA also introduces some variation in the rates of withholding taxes. For example, payments for the supply of services (Payments with a Source in Ghana to Persons Other Than Individuals) has been increased from 5 percent to 15 percent; the withholding tax on resident Directors’ remuneration has been increased from 10 percent to 20 percent; and withholding taxes on natural resource payments and royalties have been increased from 10 percent to 15 percent. This may have an indirect impact on AngloGold Ashanti’s operations as this rate will have a material impact on the margins of suppliers and possibly their working capital. Suppliers may therefore seek to pass this on to AngloGold Ashanti by increasing their fees and charges.

The ITA also abolishes the flat 15 percent rate of tax on capital gains. Capital gains are now included in business or investment income and taxed at the applicable income tax rate which, for persons engaged in mineral operations, is 35 percent.

Various amendments were made to the ITA over the years. For example, the Income Tax (Amendment) Act, 2017 (Act 941) provides for the exemption from tax of the gains from the realisation of securities listed on the Ghana Stock Exchange and the Tax Amnesty Act, 2017 (Act 955) granted amnesty to persons who failed to register with the Commissioner-General or file their tax returns or pay taxes as required by enactments administered by the Commissioner-General.

Ground rent (mineral concession rent)

The Fees and Charges (Amendment) Instrument, 2015 (L.I. 2208) was passed by Parliament on 23 December 2015 and fixed, among other things, the payment of ground rent by mining companies at GHS 15 cedis per acre per annum.

AGA Ghana is paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Ghana leases. The Obuasi DA protects AGA Ghana from any increase in ground rent for the duration of that development agreement. AGA Iduapriem is also paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Iduapriem leases.

Customs Common External Tariff

Following the passage of the Customs (Amendment) Act, 2015 (Act 905) by the Ghana Revenue Authority, the ECOWAS Regional Common External Tariff (CET) came into effect on 1 February 2016 meaning that the Member States of the Economic Community of West African States (ECOWAS) will apply the same customs tariffs to third countries. The CET is one of the instruments utilised to harmonize regulation in ECOWAS Member States and strengthen its common market.

Royalties

Under the Minerals and Mining (Amendment) Act, 2015 (Act 900), the Minister will prescribe the royalty rate payable and the manner of payment by passing a Legislative Instrument or other subsidiary legislation. The current royalty rate amounts to 5 percent.

The company is required to pay ground rent to the Government of Ghana (as described above) as well as such other fees as are prescribed by legislation, including royalties on timber felled within the lease area.

Environmental laws relating to mining

In general, environmental laws and regulations in Ghana derive from the Constitution which imposes a duty on both the State and others to take appropriate measures to protect and safeguard the natural environment. Mining companies are required, under the GMM Act, Environmental Assessment Regulations, 1999 (L.I. 1652) and Water Use Regulations, 2001 (L.I. 1692), to obtain all necessary approvals from the Environmental Protection Agency (Ghana EPA), a regulatory body established under the Environmental Protection Agency Act, 1994 (Act 490), and, in appropriate cases, the Water Resources Commission and/or the Ghanaian Minerals Commission before undertaking mining operations. The Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182) also impose further obligations to obtain the necessary permits from the Inspectorate Division of the Ghana Minerals Commission for the operation of mines. The GMM Act also requires that mining operations in Ghana comply with all laws for the protection of the environment. Compliance with the relevant laws are enforced by a regime of sanctions including imposition of fines and in some cases a term of imprisonment.

As part of the Far West Rand goldfields.Ghanaian environmental laws and regulations, mining operations are required to undergo an environmental impact assessment process that culminates in the issuance of an environmental permit prior to commencing operations. Environmental Management Plans are to be submitted to the Ghana EPA within 18 months after issuance of the environmental permit and then every three years thereafter. The prematureplan must include details of the likely impacts of mining operations on the environment and local communities, as well as a comprehensive plan and timetable for actions to mitigate and remediate any adverse effects of the mining operations. Approval of the management plan results in the issuance of an environmental certificate.

In June 2014, the Ghana EPA and the Minerals Commission circulated draft Mining and Environmental Guidelines to all mining companies for comment. The guidelines concern environmental management, reclamation, closure requirements and the proposed

Mining Community Development Scheme and have not yet become effective. The Mining Community Development Scheme, which directly sponsors socio-economic development in communities in which mining operations take place or which are affected by mining activities, has since been established pursuant to the Minerals Development Fund Act, 2016 (Act 912).

Illegal and unsustainable mining practices

The Multilateral Mining Integrated Project (MMIP) is a 5-year project launched by the Government of neighbouring mines ownedGhana in 2017 to address illegal and unsustainable mining practices in Ghana. The MMIP “combines a Legislation, Enforcement, Civil, Integrated and Technological Approach (LECITA) as a sustainable and structured yet regimented conjoint concept” to combat illegal mining. The MMIP involves (i) reviewing and enforcing the legal and regulatory regime of the small scale mining sector, (ii) reclaiming and rehabilitating degraded lands, (iii) dredging silted estuaries and waterways, (iv) implementing social interventions to facilitate livelihood creation in mining communities, (v) adapting technology to increase mining efficiency, processing, environmental protection and monitoring activities, and (vi) building the capacity of artisanal and small-scale miners and regulatory institutions.

In addition, other initiatives have been undertaken to combat illegal mining. For example, the Minerals and Mining (Amendment) Act, 2015 (Act 900) makes provision for the confiscation of the equipment of illegal miners and, as a result of recent illegal mining activities, the GMM Act was amended to increase penalties for illegal mining and expressly criminalize the aiding and abetting of illegal mining activities. The prescribed minimum sentence for illegal mining is now 15 years and maximum of 25 years for foreigners who engage in illegal mining.

Foreign exchange, export and other rules

Retention of foreign earnings

AngloGold Ashanti’s operations in Ghana are permitted to retain 80 percent of their foreign exchange earnings in an offshore foreign exchange account. In addition, the company has permission from the Bank of Ghana to retain and use US dollars, outside of Ghana, to fulfil payment obligations to the company’s hedge counterparties which cannot be met from the cash resources of its treasury company.

On 4 February 2014, the Bank of Ghana issued new directives as part of measures to streamline the collection and repatriation of export proceeds to Ghana. These directives included an instruction to all banks and authorised dealers to, within 5 working days of receipt of export proceeds, convert the proceeds into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 percentage in points (pips). Exporters with retention accounts were to continue to operate these accounts in accordance with their retention agreements. Retention proceeds which were sold to the banks were to be converted into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 pips. It further advised that offshore foreign exchange transactions by resident companies, including exporters, were strictly prohibited and exporters were to ensure that all export proceeds are repatriated in full. Failure to comply with the provisions attracts penalties including pecuniary sanctions, jail terms, suspension and revocation of the operating licence as applicable.

Following engagement with relevant stakeholders, the Bank of Ghana issued another notice clarifying that the transfer of foreign exchange to meet external payment obligations remains permissible for transactions such as:
redemptions and coupon payments on bonds held by non-residents;
investment income, technology and management transfer entitlements, expatriate emoluments, and other incentive packages and overseas commitments under provisions in various legislation and legislative instruments such as the GMM Act, and the Technology Transfer Regulations, 1992 (L.I.1547); and
other outward payments for imports of goods and services.

The notice also stated that all balances in Foreign Currency Accounts (FCAs) and Foreign Exchange Accounts (FEAs) will continue to be held in foreign currency and will not be converted into Ghana cedis. External transfers of up to $10,000 per annum without documentation from FEA and FCA are still permitted. Balances held in FEAs and FCAs continue to remain available for all legitimate external transactions.

The Bank of Ghana on 9 August 2014 further revised the rules on foreign exchange operations, effectively reversing the initial directives controlling transactions in foreign exchange. The key details are as follows:
Exporters shall continue to repatriate in full export proceeds in accordance with the terms agreed between the trading parties. Such proceeds shall be credited to their FEAs and converted on a need basis;
FEAs and FCAs will continue to be opened and operated as they were before the notices of 4 February 2014;
Except for transfers from FEA to FCA which are still prohibited, all other transfers between accounts are permitted;
FCAs shall be fed only with unrequited transfers such as transfers from abroad for investment or embassy transfers;
FEAs shall be fed with foreign exchange generated from activities in Ghana such as proceeds from exports of goods and services; and
The threshold for transfers abroad without initial documentation remains at $50,000.00.


The Bank of Ghana reiterated that the Ghana cedi remains the sole legal tender in Ghana. Therefore, pricing, advertising, invoicing, receiving, and making payments for goods and services should be done in Ghana cedis, unless otherwise authorized by the Bank of Ghana.

Existing measures that were not amended by this notice continue to remain in force. AngloGold Ashanti maintains and operates its FCA, FEA and retention accounts in compliance with the directives.

Rules regarding the export of gold and diamonds

The Bank of Ghana introduced new measures to regulate and monitor the export of gold and diamonds from Ghana in 2015. From 15 September 2015, all exports of gold and diamonds must be carried out through the Precious Minerals Marketing Company Ltd (PMMC), except where the exporter is the holder of a licence that permits it to export directly. The Ghana Revenue Authority (Customs Division) only permits gold to be exported by a licensed gold exporter who has a completed Form FEX A4 bearing Bank of Ghana’s embossment. The export measures do not apply to AngloGold Ashanti because the company holds a licence granted by the LNR Minister to sell and export its production.

The Bank of Ghana issued a notice (Notice No. BG/GOV/SEC/2016/02) which, among other things, allows mining companies to sell the portion of foreign exchange receipts from export that was earmarked for surrender to the Bank of Ghana directly to the commercial banks.

In November 2016, the Ministry of Lands and Natural Resources issued a ministerial directive appointing the PMMC as designated laboratory for assaying in Ghana. The directive requests all persons holding export licenses for gold to submit all gold to be exported to the PMMC for assay before export. Mining businesses, including AngloGold Ashanti, acting through the Ghana Chamber of Mines were opposed to this directive due to its potential negative impact on mining companies in the area ledregion. As a result, the Chamber initiated proceedings to increased pumping obligationsreverse or modify the directive. Following discussions in respect of the mining industry’s concerns, the Chamber and Government agreed on AngloGold Ashanti to address water infiltration into AGA’s mines, including additional legal requirements associated with construction, litigationthe modalities for implementing the national assaying policy and permits, which increased costsit was introduced in February 2018 following a one-month pilot among certain mining companies. A final document for the group.implementation of the program will be executed once the Chamber and the PMMC address a few outstanding issues regarding assaying methodologies.

Localisation policy

Mining companies must submit a detailed programme for the recruitment and training of Ghanaians with a view to achieving “localisation”, which is the replacement of expatriate personnel in a company’s Ghanaian operations by Ghanaian personnel. In addition, mining companies must give preference to Ghanaian products and personnel, to the maximum extent possible, consistent with safety, efficiency and economies. The Minerals and Mining (General) Regulations, 2012 (L.I. 2173) give further details on the localisation policy.

Except as otherwise provided in a specific mining lease, all immovable assets of the holder of the mining lease vest in the State upon termination, as does all moveable property that is fully depreciated for tax purposes. Moveable property that is not fully depreciated is to be offered to the State at the depreciated cost. The holder must exercise his rights subject to such limitations relating to surface rights as the Minister of Mines may prescribe.

In January 2020, the Minerals Commission circulated draft Minerals and Mining (Local Content and Local Participation) Regulations intended to expand the scope of local content requirements in the mining industry. The draft specifically seeks to expand the number of mining related businesses required to comply with local content requirements.

AngloGold Ashanti’s rights and permits

Obuasi

The current mining lease for the Obuasi area was granted by the Government of Ghana on 5 March 1994. It grants mining concessions to land with an area of approximately 338 km2 in the Amansie East and Adansi West Wits district, after Blyvooruitzicht Gold Mining Company districts of the Ashanti region for a term of 30 years from the date of the agreement. In addition, a mining lease over an adjacent 140 km2 was placedalso granted, resulting in provisional liquidation in August 2013,the total area under the mining lease increasing to 474 km2.

The Government of Ghana agreed to extend the term of the mining lease relating to the Obuasi mine until 2054. The mining lease was formally ratified by Parliament on 23 October 2008.

On 3 March 2016, the Minerals Commission approved AngloGold Ashanti securedGhana’s application to surrender approximately 273.54 km2 of the area to the Government of Ghana, reducing the lease areas to 201.46 km2. The remaining parcel of land that will be subject to the mining lease is situated within various villages and townships in the region but excludes the municipality of Obuasi.

AGA Ghana is not required to pay annual mineral right fees as the AGA Ghana Leases were granted prior to the enactment of the GMM Act which imposes such fees. The GMM Act provides that leases granted under laws subsisting immediately before the coming

into force of the GMM Act shall continue to be governed by such pre-existing laws. As a result, the AGA Ghana Leases are still regulated by the Minerals and Mining Law, 1986 (PNDCL 153), as amended (notwithstanding the repeal of PNDCL 153 by the GMM Act).

Iduapriem

The Iduapriem mine had been granted four different mining leases: the Iduapriem Mining Lease (36.47 km2), the Ajopa Mining Lease (46.12 km2), the Teberebie Mining Lease (28.53 km2) and the Ajopa South West Mining Lease (28.10 km2). All four mining leases expired between 2018 and 2019. All relevant documents were submitted to apply for the renewal of the leases in September 2017. In January 2020, the Minerals Commission issued a Notice of Grant of Mining Lease for all four leases and the LNR Minister approved the grant of the mining leases. All four renewed leases will expire in February 2025.

AGA Iduapriem is required to pay an annual mineral right fee of $178,000 with respect to the Iduapriem Lease, $136,000 with respect to the Teberebie Lease, $134,000 with respect to the Ajopa South West Lease and $220,000 with respect to the Ajopa lease.

Guinea

General laws relating to mining

In Guinea, all mineral substances are the property of the State. Mining activities are regulated by law L/2011/006/CNT dated 9 September 2011 as amended by law L/2013/053/CNT dated 8 April 2013 and promulgated by decree D/2013/075/PRG/SGG dated 17 April 2013 (together, the Guinea Mining Code).

The Guinea Mining Code is accompanied and implemented by various implementation decrees. To date, various decrees have been adopted, including decree D/2014/015/PRG/SGG adopting a model of mining convention, dated 17 January 2014, order A/2016/1584/MMG/SGG related to the administration’s capacities for the management of integrated mining projects (PARCA-GPI) and its steering committee, dated 6 June 2016, decree D/2016/163/PRG/SGG on the national agency for the development of mining infrastructures (ANAIM), dated 13 June 2016, and decree D/2016/215/PRG/SRG on the appointment of executives to the Ministry of Mines and Geology, dated 8 July 2016. In 2017, the modalities regarding the use of the mining companies’ financial contribution to the development of the local communities and the rules applying to the Local Development Fund (Fodel) created under the Guinea Mining Code have been enacted through the adoption of decree D/2017/285/PRG/SGG setting the conditions for the constitution and management of the Fodel, dated 31 October 2017 and the joint order A/2017/6326/MMG/MATD/SGG setting out the conditions for the use, management and control of the Fodel, dated 22 November 2017. Also, a joint order AC/2017/3228/MATD/MMG/SGG updating the act on the establishment, attribution and functioning of the coordination committees in mining communities (CCLMS), dated 21 July 2017 has been issued by the Ministry of Territorial Administration and Decentralisation and the Ministry of Mines and Geology. The main purpose of the CCLMs, in which all concerned mining companies are represented, being to prevent and settle disputes that may arise in mining communities. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of the joint order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee.

AngloGold Ashanti’s rights and permits

The right to undertake mining operations in Guinea can only be acquired by virtue of one of the following mining titles: surveying permit, small-scale mining licence, exploration licence, mining licence or mining concession.

The group’s Guinea subsidiary, Société AngloGold Ashanti de Guinée SA (SAG), has title to the Siguiri mine in the form of a mining concession, granted by virtue of Presidential decree D/97/171/PRG/SGG dated 4 August 1997, for a period of 25 years (Mining Concession). The Mining Concession was originally covered by a mining convention entered into with the Republic of Guinea on 11 November 1993 (Convention de Base) and amended in 2005. The Convention de Base provided for an initial duration of 25 years and would have expired in 2018.

The Guinea Mining Code, which came into force after the conclusion of the Convention de Base, confirms the validity of mining titles previously issued. The Guinea Mining Code also provides that for holders of validly signed and ratified mining conventions, the application of the Guinea Mining Code will take place by way of amendments to the relevant mining convention (in the case of SAG, the Convention de Base), which amendments are to be negotiated between the mining concession holder and the State.

On 28 June 2016, SAG and the Government of Guinea concluded a revised and consolidated convention de base (Revised Convention de Base) which encompasses a renewal of the term of the original Convention de Base and other amendments necessary to support an expansion project proposed to extend the life of the Siguiri mine (the Expansion).

In compliance with the provisions of the Guinea Mining Code, the Revised Convention de Base was ratified by the Guinean National Assembly (law L/2016/N°067/AN dated 30 December 2016, promulgated by decree D/2017/015/PRG/SGG dated 24 January 2017),

submitted to the Guinean Supreme Court which rendered a favourable opinion (judgment N°AC 005 dated 16 January 2017), and ratified by the President of the Republic of Guinea (decree D/2017/021/PRG/SGG dated 24 January 2017).

As a consequence, as and from 24 January 2017, the Revised Convention de Base has cancelled and replaced the original Convention de Base and governs the operations at the Siguiri mine and under the Mining Concession.

Key elements of the Revised Convention de Base include the following:
a duration of 25 years, expiring 23 January 2042, subject to further renewal if mining operations continue at that time; and with the term of the Mining Concession being aligned with the term of the Revised Convention de Base such that the Mining Concession will be renewed as long as the Revised Convention de Base remains in force;
SAG’s operations remain governed by the 1995 Guinea Mining Code (the prior mining code) and are only subject to the provisions of the Guinea Mining Code to the extent they are expressly set out in the Revised Convention de Base;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Convention de Base, and subject to certain conditions being met, any renewal period(s);
the Republic of Guinea holds a 15 percent free-carried/non-contributory interest;
the Republic of Guinea is entitled to a royalty on gold of 5 percent based on a spot gold price as per LBMA fixing (PM) up until the date of steady state commercial production of the first phase of the Expansion, after which the royalty rate applicable to gold will vary depending on threshold prices as per LBMA fixing (PM), namely: 3 percent if the gold price is USD 1,300 or less, 5 percent, if above USD 1,300 and up to USD 2,000 and 7 percent if above USD 2,000;
SAG will enjoy a 5-year income tax holiday as and from the beginning of steady state commercial production of the first phase of the Expansion, after which the income tax rate is set at 30 percent;
a local development tax of 0.4 percent is payable on the sale price for gold and silver received by SAG up until 31 December 2027, after which it will be increased to 0.6 percent;
salaries of expatriate employees are subject to a 10 percent income tax;
goods imported into Guinea for purposes related to the construction and commissioning of the first phase of the Expansion are exempt from all customs taxes and duties; and
SAG is committed to adopting and progressively implementing a plan for the effective rehabilitation of the mining areas disturbed or affected by its operations.

The Mining Concession covers an area divided into four blocks and totalling approximately 1,495 km2. SAG has the exclusive right to explore and mine in any part of the concession area for the duration of the Revised Convention de Base. The Revised Convention de Base also grants SAG with the option to secure certain land rights over additional areas currently covered by exploration permits, but to which SAG may need access for purposes of establishing roads or storage of tailings.

The Revised Convention de Base is subject to early termination if the parties formally and expressly agree to it, if the last of the mining title held by SAG expires or is relinquished without any renewal application having been filed, if all project activities are voluntarily suspended for a continuous period of 12 months or are permanently abandoned by SAG, or if SAG goes into voluntary liquidation or is placed into liquidation by a court order for unfettered access rightsof competent jurisdiction.

Mali

General laws relating to Blyvooruitzicht 4 and 6 shaftsmining

Mining Reform

The mining industry in Mali is currently undergoing a reform as the mining code enacted on 27 February 2012 (2012 Mali Mining Code), which, until recently, was the primary regulation in the mining sector, was replaced by ordinance No.2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (2019 Mali Mining Code). The revision process of Malian mining legislation is not yet completed as the 2019 Mali Mining Code is to continuebe supplemented by one or several decree(s) containing the pumpingconditions of underground water.implementation of the 2019 Mali Mining Code. While the 2019 Mali Mining Code has entered into force, it appears that the Malian authorities are awaiting the finalization of the various implementing decree(s) to actually enforce the 2019 Mali Mining Code.

Pending the effective enforcement of the 2019 Mali Mining Code by the Malian authorities, the mining operations carried out by AngloGold Ashanti then purchasedentities in Mali (as further described below), benefit from Blyvooruitzicht the rights of accessstabilisation clauses in their mining conventions, and thus remain subject to the provisions of the previous mining codes of 1970 and 1991 and are also, for residual matters, expressly subject to the provisions of the 2012 Mali Mining Code. The transitory rules of the 2012 Mali Mining Code specify that provisions in respect of certain matters such as administrative surveillance, mine police, rehabilitation and mine closure apply to mining titles issued prior to its entry into in force.

Once the 2019 Mali Mining Code is enforced by the Malian authorities, AngloGold Ashanti entities in Mali will be subject to all the provisions of the 2019 Mali Mining Code except with respect to the validity, scope and duration of their exploitation permits and the provisions on tax and customs regime contained in their mining conventions for their remaining duration. In this regard, the transitory

rules of the 2019 Mali Mining Code specify that mining conventions in force remain valid for their remaining term and their holders continue to benefit from the stability of the tax and customs regime set out therein.

Mining regime

The mining regime deriving from the 2019 Mali Mining Code remains incomplete to date, pending the adoption of the implementing decree(s).

Exploration and prospecting activities are carried out under exploration authorizations (autorisation d’exploration) or exploration permits (permis de recherche). Exploration authorizations and exploration permits give their holder the exclusive right to carry out exploration activities over a given area. Exploration authorizations are granted for a non-renewable period of three years, while exploration permits are renewable twice for additional 3-year periods.

Applications for exploration authorizations and exploration permits must contain various documents attesting to the financial and technical capacity of the applicant as well as a detailed works and costs programme. Exploration authorizations are granted by the Mining Administration (Administration chargée des Mines) while exploration permits are granted by Ministerial Order.

A large scale permit exploitation permit (permis d’exploitation de grande mine) is required to mine a deposit located within the area of an exploration permit. The large scale exploitation permit grants an exclusive right to exploit the named substances and proceed with the processing and commercialization of the substances extracted within its perimeter. Large scale exploitation permits are granted for a maximum period of 12 years renewable for 10 year-periods until depletion of the deposits. The large scale exploitation permit is granted only to the holder of an exploration permit and covers only the area governed by the exploration permit. An application must be submitted to the Mining Administration (Administration chargée des Mines).

As soon as the large scale exploitation permit is granted, the permit holder must incorporate a company under the laws of Mali. The permit holder will assign the large scale exploitation permit for free to this company. The State will have a 10 percent free-carried interest in the company. This interest will be converted into priority shares and the State’s participation will not be diluted in case of an increase in capital. In addition, the company is required to ensure that private Malian investors are offered the possibility to acquire 5 percent of their capital.

Applications for large scale exploitation permits must contain various documents attesting to the financial and technical capacity of the applicant, a feasibility study, a detailed environmental study in respect of the impact of the project on the environment, an environmental permit, a closure and rehabilitation plan as well as a community development plan. The large scale exploitation permit is granted by decree of the Head of Government.

All mining titles mentioned above require an establishment convention (convention d’établissement) to be signed by the State and the titleholder defining their rights and obligations, the duration of which is 20 years.

AngloGold Ashanti’s rights and permits

Historically, AngloGold Ashanti had interests in Morila, Sadiola and Yatela, all of which are governed by establishment conventions covering exploration, mining, treatment and marketing in a comprehensive document. These documents include general provisions regarding exploration (work programme, fiscal and customs framework) and exploitation (formation of a local limited liability mining company, State interest, fiscal and customs framework governing construction and exploitation phases, exchange controls, marketing of the product, accounting regime, training programmes for local labour, protection of the environment, reclamation, safety, hygiene and dispute settlement). AngloGold Ashanti complied with all applicable requirements and the relevant permits were issued (subject to the developments regarding the permit for Yatela, as described below).

Morila’s exploitation permit covers approximately 200 km2 and was issued on 4 August 1999. Morila has a 30-year permit which expires in 2029. Mining of ore has ceased at Morila.

On 23 December 2019, AngloGold Ashanti announced that it, together with its joint venture partner IAMGOLD Corporation, has agreed to sell their interests in Société d’Exploitation des Mines d’Or de Sadiola S.A. to Allied Gold Corp. This sale transaction is subject to the fulfilment, or waiver, of a number of conditions precedent which are expected to be fulfilled or waived by the end of April 2020. Sadiola’s prospecting and 6 shaftsexploitation agreement covers approximately 303 km2 and was originally entered into on 5 April 1990. Sadiola has a 30-year permit which expires in 2024.

On 14 February 2019, AngloGold Ashanti sold, together with its joint venture partner IAMGOLD Corporation, their holdings in Société d’Exploitation des Mines d’Or de Yatela to the Government of Mali. Certain conditions precedent currently remain outstanding. Prior to the sale, Yatela had begun the implementation of a closure plan in order to relinquish the property. In parallel, discussions had been ongoing for the Government of Mali to take over the residual operations as well as the relevant infrastructureimplementation of the closure plan. In the course of these discussions, an administrative error occurred, leading to continue pumping underground waterthe cancellation of Yatela’s permit through decree 2017/0613/PM-RM dated 28 July 2017, notified to Yatela on 5 October 2017. This error has since then been corrected through the issuance of decree 2017-00951/PM-RM dated 28 November 2017 and transferreddecree n°2018-0368/PR-RM dated 12 April 2018, the assetspurpose

of which was to reinstate Yatela in all of its rights under its exploitation permit. Yatela’s exploitation permit covers approximately 212 km2. Yatela has a 30-year permit which expires in 2030.

Tanzania

General laws relating to mining

Tanzania Mining Act and Tanzania Mining Regulations

Mineral rights in the United Republic of Tanzania are principally governed by the Mining Act, 2010 (No. 14) (Tanzania Mining Act) as amended in 2017 by the Written Laws (Miscellaneous Amendments) Act, 2017 (No. 7) and which was revised and published by the Attorney General of Tanzania on 30 October 2018 as the Mining Act, Chapter 123 (R.E. 2018), and the Mining Regulations, 2010 (Tanzania Mining Regulations), as amended in 2018, which include: Mining (Mineral Beneficiation) Regulations, 2018 as amended in 2019; Mining (Minerals and Mineral Concentrates Trading) Regulations, 2018 as amended in 2019; Mining (Radioactive Minerals) Regulations, 2018; Mining (Local Content) Regulations, 2018 as amended in 2019; Mining (Geological Survey) Regulations, 2018; and the Mining (Audit and Inspection of Records) Regulations, 2018. Other regulations are: Mining (Environmental Protection For Small Scale Mining) Regulations, 2010; Mining (Safety, Occupational Health and Environmental Protection) Regulations, 2010; Mining (Mineral and Gem Houses) Regulations, 2019; Mining (Mining Shareholding and Public Offering) Regulations, 2016 as amended in 2017; Mining (Diamond Trading) Regulation, 2019; Natural Wealth and Resources (Permanent Sovereignty) Code of Conduct for Investors in Natural Resources Regulations, 2020 (Permanent Sovereignty Regulations); and The Natural Wealth Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020. The application of the Code of Conduct under the Permanent Sovereignty Regulations extends to its newly incorporated subsidiary Covalent Water Company. In November 2014 the Department of Wateremployees, agents, suppliers and Sanitation issued a directive directing AngloGold Ashanti through Covalent to dewater 4consultants and 6 shafts and discharge the water. AGA continuesrequires them to comply with other binding instruments and decisions made based on such instruments, in addition to policies, laws and regulations. The Permanent Sovereignty Regulations make it mandatory to seek the directive.advice of an office bearer or the office of Attorney General, if the requirements of the Code, provisions of the Mining Act or other instruments relating to natural wealth and resources become ambiguous, unclear or in conflict resulting into uncertainty. Further, the Code of Conduct requires investors to conduct periodic reviews in respect of their compliance with such legislation in order to ensure that the investment does not result into unconscionable behaviours prohibited by the laws of Tanzania.

Climate ChangeThe Tanzania Mining Act and Greenhouse Gas Regulation

Greenhouse gases, or “GHGs”, are emitted directly by AngloGold Ashanti’s operations, as well as by external utilities from which AngloGold Ashanti purchases electricity. Currently, a number of international and national measures to address or limit GHG emissions are in various phases of discussion or implementation in the countries in which the company operates.

As a result of commitments made at the UN climate conference in Durban, South Africa in December 2011, certain members of the international community negotiated a treaty at the December 2015 Conference of the Parties in Paris (COP 21). The Paris AgreementTanzania Mining Regulations came into force in November 2016. Additional measures addressing GHG emissions may be implemented at2010 followed by amendments to the national or international levels. The outcomeTanzania Mining Act in 2017 and subsequent amendments to the Tanzania Mining Regulations in 2018 and 2019.

Amendments of the climate change proposals may, in due time, haveTanzania Mining Act and the effect of requiring AngloGold Ashanti to reduce its direct GHG emissions or energy use or to incur significant costs for GHG emissions allowances or taxes including through costs passed on by electricity utilities which supply the company. AngloGold Ashanti also could incur significant costs associated with capital equipment, GHG monitoring and reporting and other obligations to comply with applicable requirements. The most likely source of these obligations is through state-level implementation of new emissions or financial obligations pursuant to evolving climate change regulatory regimes.Tanzania Mining Regulations

For example,As mentioned above, the Tanzania Mining Act was amended in South Africa, National Treasury issued2017 followed by an amendment of the Second Draft Carbon Tax Bill on 14 December 2017. South Africa ratifiedTanzania Mining Regulations in 2018, together with an Executive Order introducing the Paris Agreementfollowing:
Dissolution of the Tanzania Minerals Audit Agency whose functions and powers have now been transferred to the Geological Survey of Tanzania (GST);
Dissolution of the Mining Advisory Board and introduction of the Tanzania Mining Commission. The functions and powers of the Mining Advisory Board have been taken over by the Mining Commission, including the functions of the Commissioner for Minerals. However, the Mining Commission has been made responsible for matters related to auditing and monitoring of mineral production in November 2016Tanzania. The Mining Commission has powers to audit quality and endorsed its nationally-determined contribution, whichquantity of mineral produced and exported by mining entities, financial records of mining entities for the purposes of tax assessments, and environmental management expenditures of the mining entities for the purpose of assessment of compliance to the mine closure plan. Mineral rights holders were required to submit all geological information in their possession to the GST;
A local content requirement for procurement of goods and services: the Tanzania Mining Act requires that greenhouse gas emissions peakmining companies must give: (i) first consideration to good and services provided or manufactured in 2020Tanzania where they meet mining industry specifications (established by the Standards Authority / internationally acceptable standards), (ii) first consideration for employment to 2025, plateau from 2025qualified Tanzanians, and (iii) adequate provision for on-the-job training of Tanzanians. Specific minimum local content thresholds are specified in Schedule 1 to 2035 and decline from 2036 onwards. The implementation date of carbon taxthe Tanzania Mining Regulations. These will be determined by the Mining Commission alongside the work programme. The relevant Minister may prescribe additional minimum local content thresholds;
To qualify for holding a Mining Licence in Tanzania, 5 percent of Finance through an announcementa licensee’s equity must be held by Tanzanians, with 80 percent of its managerial positions held by Tanzanians and 100 percent of other positions held by Tanzanians, in 2018, oraddition to the shareholding of the Government of Tanzania pursuant to Section 10 of the Tanzania Mining Act (i.e. free-carried interest). This amount is determined, and may be varied, by the relevant Minister;
Establishment of the Local Content Committee (LC Committee) which will oversee the implementation of the Tanzania Mining Regulations and which is composed of a member of the Mining Commission, the Director of Labour and Employment, a member of the Tanzania Private Sector Foundation, the CEO of the Geological Survey of Tanzania, the head of legal services at the Budget 2019, taking into accountMinistry for Minerals and the stateExecutive Secretary of the economy.Mining Commission. The tax will be phased inLC Committee sets minimum standards for local content plans and reports to the Mining Commission;
Introduction of a statutory procedure for the conduct of Corporate Social Responsibility (CSR), whereby a company is required to prepare annually a credible CSR plan jointly agreed with the first phase endinglocal government authorities in 2022. The impact inconsultation with the first phase is designedMinister for Finance and the Minister for Local Government Authorities; and
Cancellation of retention licences; right over such licences revert to be revenue-neutral in termsthe Government of its aggregated impact, given the complementary tax energy incentives and reduction or credit for the current electricity levy.Tanzania.

During June 2016, National Treasury published for
Minimum shareholding and public comment, proposed Regulations on carbon offsets which can be used to reduce the potential carbon tax liability. The Regulations allow an “offset” in respect of any “certified emission reduction” derived from an “approved project” (including an existing project) carried on after 1 January 2017 in South Africa that is not subject to the carbon tax. The rate is expected to be ZAR120/ton of carbon dioxide, increasing by cpi plus two percent up to 2022 and in line with inflation thereafter. A system of rebates is expected to have the effect that the actual rate will be between ZAR6/ton and ZAR48/ton.offering

The direct impactMining (Minimum Shareholding and Public Offering) Regulations, 2016 came into force by Government Notice No. 286 published on 7 October 2016 and revised by amendment on 24 February 2017. On 10 January 2018, the Government of suchTanzania published its new Tanzania Mining Regulations, 2018, which contain, amongst others, the implementation provisions of the amended Tanzania Mining Act.

The regulations set out the requirement to sell shares to Tanzanian nationals, by way of a taxpublic offering and listing on the Group is not estimatedDar es Salaam Stock Exchange, which will apply to be material.companies that are carrying out large scale mining operations. The regulations also require all existing holders of a special mining licence to list a minimum of 30 percent of their shares on either the Main Investment Market or the Enterprise Growth Market Segment of the Dar es Salaam Stock Exchange within 6 months of the regulations coming into force, which was on 24 February 2017. However, we believe the listing requirement conflicts with the mining development agreement.

Arbitration

In 2010, Brazil launchedAlong with other major mining companies, AngloGold Ashanti’s subsidiaries are seeking a constructive dialogue with the National Climate Change Policy,Government of Tanzania to gain assurances that the Geita gold mine will not be affected by the legal and fiscal changes mentioned above, given their mining development agreements which establishedguarantee fiscal and regulatory stability as well as an agreement between all parties before material legal and regulatory changes are made. As a voluntary reduction targetprecautionary step to safeguard its interests, AngloGold Ashanti commenced international arbitration proceedings against the Government of 1.2 billion tonnesTanzania in connection with the enactment of CO2 below the projected emissionsthis legislation in 2020. The policy required the development of sector-specific plansJuly 2017. These arbitral proceedings are currently stayed until 13 May 2020 in order to meetafford the target. Amongst other plans, it is intendedparties the opportunity to reduce deforestation inachieve an amicable resolution of the Cerrado biome, where AngloGold Ashanti operates, by 40 percent compared to the average deforestation in 1999-2008 and expand renewable energy production and energy efficiency programmes. The policy also provided for a Brazilian GHG trading scheme, which is yet to be designed. While Brazil is not yet requiring mandatory GHG emissions reporting at the national level, some state environmental agencies have requested companies to voluntarily submit GHG emissions management plans, however Goiás and Minas Gerais State (in which AngloGold Ashanti operates) do not currently require GHG emissions management plans for mining projects.dispute.

In Australia,The arbitration action against the government introduced the carbon emissions Safeguard Mechanism, aimed at limiting future growth in Greenhouse Gas (GHG) emissions. After setting baseline emission thresholds, the Safeguard Mechanism requires that companies submit carbon credits or pay penalties for excess emissions. Sunrise Dam successfully applied using its baseline emissionsGovernment of Tanzania seeks declaratory relief in accordance with the regulatory scheme’s default mechanism. Tropicana has applied for a baseline emission level using an alternative calculated baseline method during 2017terms of the mining development agreement to ensurepreserve the company’ and its shareholders’ rights and interests in the Geita gold mine, including confirmation from the Government of Tanzania that itthe company is not penalised for its planned ramp up in production rate. Whilstexempt from the baseline emissions set for Sunrise Dam and Tropicana aimlisting requirement. The arbitration proceedings also seek to mitigate the need for additional penalties or taxes to be levied,confirm that AngloGold Ashanti could incur significant costs associated with capital equipment, GHG monitoring and reporting and other obligations to comply with changing legal requirements.


In addition, potential physical risks to our operationsdoes not, as a result of climate change include changesits existing mining development agreement, fall within the scope of the new mining legislation, under which the Government of Tanzania has the right to (i) renegotiate existing mining agreements at its discretion, (ii) receive a free-carried interest of no less than 16 percent in rainfall rates or reduced water availability, rising sea levels, higher temperaturesall mining projects, and extreme weather events. Events or conditions such as flooding or inadequate water supplies could disrupt(iii) acquire up to 50 percent of the shares of the mining company commensurate with the total tax expenditure incurred by the Government in favour of the mining company,and transport operations, mineral processing and rehabilitation efforts, create resource shortages, damage the company’s property or equipment andwhich includes an increase health and safety risks on site. Such events or conditions could have other adverse effects on the company’s workforce and on the communities in the area aroundrate of revenue royalties from 4 to 6 percentand a 1 percent clearance fee. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirement, will not apply to its mines, such as an increased risk of food insecurity, water scarcityoperations in Tanzania and prevalence of disease.

Occupational and Community Safety and Health and Tropical Diseases

Safety is a significant sustainable development challenge facing AngloGold Ashanti. AngloGold Ashanti’s operations are subject to a variety of laws and regulations designed to protect and improve the safety and health of employees. In someoutcome of the jurisdictions in which AngloGold Ashanti operates, the government enforces compulsory shutdowns of operations to enable investigations into the cause of accidents at those operations.  Certain of the company’s operations have been temporarily suspended for safety reasons in the past. In South Africa, in particular, so-called Section 54 safety stoppages can, individually and/or in aggregate,arbitration action may have a material adverse impact on operations. During 2016 safety related stoppages commonly resulted in full mine stoppages, whereas in 2017 this largely changed to localised area or section stoppages.

AngloGold Ashanti is also enhancing safety programmes, and a revised Group Safety strategy have been introduced. Three-year work plans were developed for each strategic focus area, comprising objectives, activities, performance metrics, targets and accountabilities. The updated strategy was approved by the company executive and implementation workshops were held with South Africa and International Operations leadership teams. In South Africa in particular the work culminated in a revised “Safe Production Strategy” which forms the basis in improving our capability to respond to risk, our focus remained on embedding and integrating safety into the business.

In addition, AngloGold Ashanti is subject to health and safety regulations relating to occupational disease. The primary areas of focus in respect of occupational health of employees within the company’s operations are noise-induced hearing loss (NIHL) and occupational lung diseases (OLD). OLD includes occupational tuberculosis and silicosis in individuals exposed to silica dust. Silicosis has been particularly prevalent in South Africa and has also arisen at the company’s Continental Africa and Brazilian operations, albeit to a far lesser extent. AngloGold Ashanti provides occupational health services to its employees at its occupational health centers and clinics, and continues to improve preventative occupational hygiene initiatives, such as implementing various control measures to prevent hazardous exposures, and providing employees with Personal Protective Equipment. It is believed that the costs associated with activities to prevent disease would be substantially lower than those associated with managing the consequences of occupational disease. Actual and alleged health and safety incidents or breaches of standards may also adversely impact the company’s reputation.

The South African government, by way of a cabinet resolution in 1999, proposed a possible combination and alignment of benefits of the Occupational Diseases in Mines and Works Act (ODMWA) that provides for compensation to miners who have OLD, and the Compensation for Occupational Injuries and Diseases Act (COIDA), that provides for compensation in respect of job related injuries and compensation of non-miners who have OLD. Work on amending ODMWA is underway, although it remains unclear as to what progress will be made in the short- to medium term. COIDA provides for compensation payments to workers suffering permanent disabilities which are classified as pension liabilities if the permanent disability is above a certain threshold, or a lump sum compensation payment if the permanent disability is below a certain threshold. ODMWA provides for a lump sum compensation payment to workers suffering from OLD as well as the payment of medical expenses over the claimant’s lifetime. If the proposed amendments to ODMWA were to occur, this could further increase the amount of statutory compensation that miners employed by AngloGold Ashanti could claim, which consequently could have an adverse effect on AngloGold Ashanti’s financial condition.

AngloGold Ashanti is subject to numerous claims, including claims related to silicosis and other OLD, and could be subject to similar claims in the future. Please refer to “Item 8: Financial Information - Legal Proceedings - South Africa - Silicosis litigation.”

In addition to OLD, AIDS and associated diseases remain major health care challenges faced by AngloGold Ashanti’s South African operations. Workforce prevalence studies indicate that HIV prevalence rates among AngloGold Ashanti’s South African workforce may be as high as 30 percent. AngloGold Ashanti continues to implement programmes to help those infected with HIV and prevent new infections from spreading. Since 2001, the company has offered a voluntary counseling and HIV testing programme for employees in South Africa and, since 2003, has offered anti-retroviral therapy to HIV positive employees who meet the current medical criteria and who desire this treatment. Over the past 10 years, the incidence of new infections has declined.

Malaria and other tropical diseases also pose health risks at all of the company’s operations in Central, West and East Africa where such diseases may assume epidemic proportions because of ineffective national control programmes. Malaria is a major cause of death in young children and pregnant women but also gives rise to deaths and absenteeism in adult men. All affected company operations have malaria control programmes in place.

Other conditions such as heart disease, chronic diseases and obesity are of increasing incidence and concern. Such diseases impair the health of workers and negatively affect productivity and profitability as a result of workers’ diminished focus or skill, absenteeism, treatment costs and allocated resources.


AngloGold Ashanti cannot guarantee that any current or future medical programme will be successful in preventing or reducing the injury and illness rates amongst its employees or in affecting consequent morbidity or mortality rates. AngloGold Ashanti may incur significant costs in addressing this issue in the future, which could also adversely impact the company’s results of operations and financial condition. See also “Item 8A: Legal Proceedings-Tanzania”.

ANGLOGOLD ASHANTI GLOBAL OPERATIONS: 2017
operationsa01.jpgMineral right licences

OperationsOwnership of and projects
AMERICASCONTINENTAL AFRICASOUTH AFRICA
1
Argentina4
Guinea9
South Africa
 Cerro Vanguardia (92.5%) Siguiri (85%) Vaal River
2
Brazil5
Mali Kopanang
 Serra Grande 
Morila (40%)(1)
 Moab Khotsong
 AGA Mineração Sadiola (41%) West Wits
3
Colombia6
Ghana Mponeng
 Gramalote (51%) Iduapriem TauTona
 La Colosa 
Obuasi(3)
 
Surface Operations(2)
 Quebradona (93.5%)7
DRC  
   
Kibali (45%)(1)
  
AUSTRALASIA8
Tanzania  
10
Australia Geita  
 Sunrise Dam    
 Tropicana (70%)    
control over minerals on, in or under the land vest in the President of the United Republic of Tanzania. No person is allowed to prospect for minerals or carry on mining operations except pursuant to the authority of a mineral right licence granted, or deemed to have been granted, under the Tanzania Mining Act or its predecessor acts. To enable a company to prospect or mine, the Tanzania Ministry of Minerals (MEM) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MEM may then grant a form of licence for mining. Licensing decisions take into account the abilities of the company (including its mining, financial and technical capabilities), projected rehabilitation programmes, environmental compliance and the payment of royalties.

Percentages indicateThe following licences can be applied for under the ownership interest in AngloGold Ashanti, whether held directly or indirectly. All operations are 100%-owned unless otherwise indicated.Tanzania Mining Act:
(1)

Licences for Exploration:
prospecting licence; and
gemstone prospecting licence.

Licences for Mining:
special mining licence (if the proposed capital investment is equal to at least USD 100 million);
mining licence (if the proposed capital investment is equal to between USD 100,000 and USD 100 million); and
primary mining licence (reserved for Tanzanian citizens).

Licences for Ancillary Activities:
processing licence;
smelting licence; and
refining licence.
Both Morila and Kibali are managed and operated by Randgold Resources Limited.
(2)
Surface Operations includes First Uranium SA, which owns Mine Waste Solutions (MWS). MWS is managed and operated as a separate cash-generating unit.
(3)
Obuasi remained on care and maintenance in 2017. Prefeasibility study completed.


OPERATING PERFORMANCE
Group descriptionFor purposes of AngloGold Ashanti’s Geita gold mine, only prospecting and special mining licences are relevant.

A prospecting licence grants the holder the exclusive right to prospect in the area covered by the licence for all minerals within the class of minerals applied for. The classes that can be applied for include, amongst others, metallic minerals; energy minerals; gemstones other than kimberlitic diamonds; and kimberlitic diamonds.

An application for a prospecting licence is made to the Mining Commission and the licence is valid for an initial term of four years. After the initial term, the licence is renewable for a further period of three years, with no option for renewal thereafter. Upon renewal, 50 percent of the area covered by the licence must be relinquished. A company applying for a prospecting licence must, amongst other things, state the financial and technical resources available to it.

Holders of prospecting licences over a tenement will not automatically have first right to any mining licence granted over that tenement. However, in practice, they will be best positioned to meet the requirements to be granted a form of licence for mining.

Holder of prospecting licences have the obligations to: (i) commence prospecting operations within three months or such further period as the Mining Commission may allow from the date of the grant of the licence or the date as stated in the licence as commencement date; (ii) give notice to the Mining Commission on discovery of any mineral deposit of potential commercial value; and (iii) adhere to the prospecting programme which is attached to the licence and expend on prospecting operations not less than the amount prescribed.

A prospecting licence is not freely transferable and requires the Mining Commission to be notified of any transfer of a prospecting licence. The Mining Commission will refuse to register the transfer unless the transferee proves that it meets the financial and technical capability criteria required to apply for such licences.

Mining Licence / Special Mining Licence

Mining is mainly carried out through either a mining licence or a special mining licence, both of which confer on the holder the exclusive right to conduct mining operations in or on the area covered by the licence. A special mining licence is granted for the shorter of either the estimated life of the ore body indicated in the feasibility study report or such period as the applicant may request. It is renewable for a further period not exceeding the estimated life of the remaining ore body.

The holder of a special mining licence may apply for renewal of its licence at any time but no later than one year before the expiry of the licence. The renewal shall not be for a period exceeding the estimate life of the remaining ore body. The Mining Commission may reject an application for renewal if: (i) the applicant is in default; (ii) the applicant was issued with a notice of default and failed to rectify the default or the default is capable of remedial; (iii) the development of the area has not proceeded with reasonable diligence as agreed in the relevant mining development agreement; (iv) minerals are not produced in workable quantities; (v) the program of intended mining operations for the renewal will not ensure proper development of resources; and (vi) the applicant does not have the relevant environmental certificate as required by the Environmental Management Act, 2004 (No. 20).

Except in the case of a special mining licence, a mineral right may be freely transferred by its holder (in whole or in part) to another person or entity without requiring consent from the Mining Commission which is the relevant licensing authority. The grant and assignment of a special mining licence generally requires the approval of the Cabinet after the Mining Commission has forwarded the application to the Minister of Minerals for further approval. There are limited exceptions to the requirement for the licensing authority’s consent (such as transfers to an affiliate company of the licence holder or to a financial institution or bank as security for any loan or guarantee in respect of mining operations).

Special mining licences have certain fiscal and other advantages over mining licences, as the holder of a special mining licence may enter into a mining development agreement with the Government of Tanzania to guarantee the fiscal stability of a long-term mining project and make special provision for the payment of royalties, taxes, fees and other fiscal imposts and a special mining licence holder may, in certain circumstances, unilaterally amend the programme of the mining operations agreed with the MEM.

Tax laws relating to mining

Finance Act

The Finance Act, 2015 (No. 16) which was assented to on 28 June 2015 and came into force on 1 July 2015 contains a provision for a 30 percent capital gains tax on the sale of shares by an offshore parent company. This provision was introduced by the Finance Act, 2012 (No. 8) and in this legislation, additional changes were also made to the procedure for payment of capital gains tax by the seller of shares. Tax at the rate of 30 percent is payable by way of an initial instalment of 20 percent on the transfer, based on the notional gain that the seller would make after a further instalment of the remaining 10 percent is due.

The Finance Act, 2017 (No. 4) came into force on 1 July 2017 and imposes and alters certain taxes, duties, levies and fees. It further amends certain written laws relating to the collection and management of public revenue. Among other provisions, it has introduced inspection or clearance fees on the exportation or domestic use of minerals. Such exportation or domestic use is restricted unless

such minerals have been inspected or cleared at the mining areas, ports, airports, border or posts and the clearing fee of 1 percent of the gross value of the minerals has been paid by the exporter or any other person in possession thereof.

Value Added Tax Act

The Value Added Tax Act, 2014 (No. 5) (VAT Act), which came into force on 1 July 2015, restricts VAT relief on purchases made by mining companies. The VAT Act is specific in that it provides that no purchase by companies is exempt or zero rated, unless specified by the law. Previously mining companies were entitled to 100 percent VAT relief.

Local Government Levies

As mentioned below, following the signature of an addendum to the mining development agreement, Geita gold mine is required to pay local government a service levy of 0.3 percent of its gross annual turnover in line with the Local Government Finances Act, 1982 (No. 9).

Environmental Management Fees and Charges

The Environmental Management (Fees and Charges) (Amendment) Regulations, 2016 (EM Regulations), which came into effect on 2 May 2016, introduced new fees in relation to the review of the Environmental Impact Assessment on projects by the National Environmental Management Council (NEMC). According to the EM Regulations, the fees involved are “0.1 percent of the total project costs”. However, the EM Regulations have not defined the term “project cost” nor have they provided a detailed breakdown on the determination of the project cost.

Labour laws

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, 2015 (No. 1) (Non-Citizens Act) came into force. The Non-Citizens Act vests powers concerning work permits with the Labour Commissioner. Therefore, non-citizens wishing to be employed in the country are required to apply and be granted a work permit before applying for a residence permit. Before granting the work permit, the Labour Commissioner must satisfy himself that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan which sets out a well-articulated plan for the transfer of the non-citizen’s knowledge and expertise to Tanzanian citizens. Moreover, the Commissioner General of Immigration is required to take into consideration conditions of the work permit issued by the Labour Commissioner when granting a residence permit. Previously, the issuance of a residence permit was inclusive of a work permit. The resident permit covered working and living in Tanzania.

Further, the Non-Citizens Act introduced the Short-Term Permit (STP). The STP is granted to non-citizens who wish to work in the country for a period of not more than six months. Foreigners intending to work in Tanzania for more than three months are required to apply for an STP. The application for an STP is made to the Ministry of Labour and Employment.

Section 46(6) of the Social Security Laws (Amendments) Act, 2012 (No. 5) amended the National Social Security Fund Act, 1997 (No. 28) by providing that “an employer of a non-citizen shall remit contribution for such employee in accordance with the Act”. This means that from 15 June 2012 non-citizens are also required to be insured as any other person and their contributions should be channelled to the Nationals Social Security Fund.

The Workers’ Compensation Act, 2008 (No. 20) requires a company as the employer to contribute 1 percent of the employee’s salary and fixed allowance to the Workers Compensation Fund. Following the adoption of the Workers’ Compensation Regulations 2016, all employers were required to implement the requirements of the Workers’ Compensation Act by 30 June 2016.

Transparency and accountability laws

In 2015, the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (No. 23) (TAA) came into force. The TAA establishes the Tanzania Extractive Industries (Transparency and Accountability) Committee (TAA Committee), an independent Government entity which is an oversight body for promoting and enhancing transparency and accountability in the extractive industry.

The TAA Committee has powers under the TAA to impose obligations on specified extractive industries and statutory recipients to receive information on reconciliation on payments made and revenues received by the Government of Tanzania. In addition, an extractive industry is required under the TAA to submit to the TAA Committee annual reports containing information on local content and corporate social responsibility. Further, the TAA demands all concessions, contracts and licences to be made public as well as all revenue collected from the extractive industry.

Natural resources legislation

The Government of Tanzania enacted two laws in respect of natural resources that came into force in July 2017: the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017 (No. 6) (Unconscionable Terms Act)

and the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (No. 5) (Permanent Sovereignty Act and together with the Unconscionable Terms Act, the Natural Resources laws).

The Natural Resources laws provide that Tanzania has sovereignty over its natural resources and require that all arrangements or agreements that relate to “natural wealth and resources” are subject to review by the National Assembly. Such agreements must fully secure the interests of the people of Tanzania. During a review all unconscionable terms as interpreted in accordance with the law are expunged from the agreement. The laws also require that new natural resources agreements are reviewed by the Government. The natural wealth and resources of Tanzania shall be inalienable and remain as the property of the people of Tanzania held in trust by the President.

In addition, under the laws, disputes over natural wealth and resources will not be subject to any proceedings in any foreign court or tribunal. As a result, investors are restricted from accessing international dispute resolution mechanisms. Accordingly, companies are now required to adopt Tanzanian law and local dispute resolution in all mining agreements. As such, all disputes will be handles by Tanzanian judicial bodies or any other Tanzania government body vested with powers to resolve disputes.

Moreover, every undertaking must demonstrate “guaranteed returns into the economy” from all earnings accrued or derived from such extraction, exploitation or acquisition and use. In addition, to ensure that the Government and the people of Tanzania obtain an equitable stake in the exploitation of mining resources, all project earnings must be retained in Tanzanian banks. Investors are also prevented from freely exporting raw minerals and repatriating funds.

In particular, under the Unconscionable Terms Act, a term is considered “unconscionable”, if the requirements or provisions of the agreement:
Aim at restricting the right of the state to exercise full permanent sovereignty over its wealth, natural resources and economic activity;
Are restricting the right of the state to exercise authority over foreign investment within the country and in accordance with the laws of Tanzania;
Are inequitable and onerous to the state;
Restrict periodic review of life-time arrangements or agreements;
Secure preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor;
Are restricting the right of the state to regulate activities of transnational corporations within the country and to take measures to ensure that such activities comply with the laws of the land;
Are depriving the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country;
Are by nature empowering transnational corporations to intervene in the internal affairs of Tanzania;
Are subjecting the state to the jurisdiction of foreign laws and foreign courts or tribunals;
Expressly or implicitly undermine the effectiveness of state measures to protect the environment or the use of environmental friendly technology; or
Aim at doing any other act the effect of which undermines or is injurious to the welfare of the people of Tanzania or the economic prosperity of the nation.

Section 6 of the Unconscionable Terms Act specifically provides that where there is an unconscionable term, the National Assembly may pass a resolution for re-negotiation of the agreement whereupon the Government shall serve notice to the investor to re-negotiate the term or agreement. The Government and the particular investor have 90 days from the notice date to re-negotiate the term or agreement. This period can be extended if both parties consent. If both parties fail to revise the unconscionable term, the term will be deemed removed from the agreement.

AngloGold Ashanti’s rights and permits

The Geita gold mine is located in the Lake Victoria goldfields of the Mwanza region of Tanzania. AngloGold Ashanti has concluded a mining development agreement with the Ministry of Minerals on 24 June 1999 and was issued a special mining licence covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024.

On 9 October 2014, an addendum to the mining development agreement was entered into ratifying the following changes:
An increase in the royalty rate from 3 percent to 4 percent with effect from 1 May 2012;
With effect from the financial year 2015, the capital allowance applicable to the unredeemed qualifying capital expenditure (15 percent per annum) referred to in section 18(a) of the Income Tax Act, 1973 (No. 33) shall no longer apply; and
With effect from 1 July 2014, Geita Gold Mining Limited is liable to pay the Geita District Council Levy at a rate of 0.3 percent on turnover (no longer capped at USD 200,000 per annum as provided under Article 4 of the company’s mining development agreement).

In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining license from open pit to underground method, subject to the requisite terms and conditions.

AUSTRALIA

General laws relating to mining

In Australia, with a few exceptions, all onshore minerals are owned by the Crown. The respective Minister for each state and territory is responsible for administering the relevant mining legislation enacted by the states and territories.

Native title legislation applies to certain mining tenements within Australia. Australia recognises and protects a form of native title that reflects the entitlement of Aboriginal people to their traditional lands in accordance with their traditional custom and laws. Should native title claims or determinations exist, certain native title processes and procedures will apply under the Native Title Act 1993 (Cth) (Native Title Act) before the tenure is granted. Tenure may be granted subject to conditions relating to native title rights. In the mining context, native title matters are managed as part of the tenement grant process. If disputes arise in relation to the grant of a particular tenement, they can be referred to the National Native Title Tribunal, established under the Native Title Act, for resolution. Native title legislation also provides a framework for compensation to be paid for acts that affect native title rights and interests. Ordinarily, the relevant Commonwealth or State government is liable to pay compensation for acts attributable to it. However, under the Mining Act 1978 (WA) liability for compensation associated with native title can be passed back to the holder of a mining tenement at the time of a determination of native title compensation.

State and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the native title legislation. They exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. Where an area of heritage significance is placed on the national or world heritage registers, federal approval processes may also apply. To date, there has not been any significant impact on any of AngloGold Ashanti’s tenure due to native title or heritage legislation.

AngloGold Ashanti’s operating properties are located in the state of Western Australia where tenure is issued under, and mining operations are governed by, the Mining Act 1978 (WA). The most common forms of tenure in Western Australia are exploration and prospecting licences, mining leases, miscellaneous licences and general purpose leases. In most Australian states, if the holder of an exploration licence establishes indications of an economic mineral deposit in the area covered by the exploration licence and complies with the conditions of the grant, the holder of the exploration licence has a priority right against all others to be granted a mining lease which gives the holder exclusive mining rights with respect to minerals on the property. In Western Australia, a general purpose lease may also be granted for one or more of a number of permitted purposes. These purposes include erecting, placing and operating machinery and plants in connection with mining operations, depositing or treating minerals or tailings and using the land for any other specified purpose directly connected with mining operations.

It is possible for an individual or entity to own an area of land for infrastructure purposes and for another individual or entity to be granted the right to explore for or mine any minerals located on or under the surface of the same area. The maximum initial term of a mining lease in Western Australia is 21 years and the holder has the right to renew the lease for an additional 21 years. Subsequent renewals are granted at the discretion of the respective state or territory’s minister responsible for mining rights. In Western Australia, mining leases can only be assigned with the prior written consent of the minister.

Tax laws relating to mining

Government royalties are payable by the holder of mining tenure in respect of minerals obtained from the relevant area of land at the rates specified in the relevant legislation in each state or territory. The royalty on gold production in Western Australia is payable quarterly at a fixed rate of 2.5 percent of the royalty value of gold metal produced. The royalty value is calculated by multiplying the amount of gold produced during a given month by the average gold spot price for that month. In addition, the holder of a mining tenement is required to pay annual rent in respect of the tenement. In Western Australia there is a minimum annual expenditure requirement for prospecting and exploration licences and mining leases. Exemptions from the expenditure requirement can be obtained if certain conditions are satisfied.

Environmental laws relating to mining

Mining tenements will be granted with endorsements and conditions relating to protection of the environment. Exploration and mining operations may also require separate approval from the state, territory or federal environment minister, which may require completion of an environmental impact assessment pursuant to applicable protection legislation prior to commencement. Further, an operating licence under the relevant environmental protection legislation in the state or territory may also be required for certain mine processing or mining-related operations. Depending on the jurisdiction, a further separate approval may be required for the removal of native vegetation within the tenement.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti a goldhas been granted 21-year term mining companyleases with a globally diverse, world-class portfoliorights of renewal to all of its mining areas in Australia, including its proportionate share of joint venture operations and projects,accordingly it has, together with its joint venture partners where applicable, the exclusive right to mine in those areas. Both the group and its joint venture partners are fully authorised to conduct operations

in accordance with relevant laws and regulations. The mining leases and rights of renewal cover the current life-of-mine at AngloGold Ashanti’s operations in Australia.

At Sunrise Dam the deposit is headquarterednow situated upon two mining leases covering approximately 7,808 hectares and another mining lease of 1,768 hectares contains related infrastructure. Both leases are currently in Johannesburg, South Africa. good standing, with expiry dates in 2038.

At Tropicana, the deposit is situated upon a single mining lease covering approximately 27,228 hectares, which is currently in good standing, with an expiry date in 2036.

AngloGold Ashanti is also conducting early stage exploration activities in Queensland under the third largest goldMineral Resources Act 1989 (QLD). AngloGold Ashanti holds 18 exploration permits covering 497,087 hectares. Each permit is granted with an initial term of five years, renewable for further periods of not more than five years. There is an entitlement to convert exploration permits to mining companytitles in the world, measured by production.form of mining claims, mining leases or mineral development licences.

Our portfolio of 17 operations and three projects in ten countries, comprises long-life, relatively low cost assets with differing ore body types located in key gold-producing regions.
AMERICAS

Our operationsArgentina

General laws relating to mining and projects are grouped regionally as follows:land ownership
South Africa (Vaal River, West Wits
Mining regime

The Argentinean Mining Code governs mining activity in the country. Special regimes exist for hydrocarbons and Surface Operations)
Continental Africa (Democratic Republicnuclear minerals. In the case of most minerals, the Argentinean Mining Code establishes that the owner of the Congo, Ghana, Guinea, Mali and Tanzania)
Americas (Argentina, Brazil and Colombia)
Australasia (Australia)land is not the owner of the mineral rights; these are held by the national or provincial governments (depending on the location of the minerals). The national or provincial government, as applicable, is required by the Argentinean Mining Code to grant whomever discovers a new mine title to the mining concession.

These operating assetsThe Argentinean Mining Code regulates exploration permits and mining concessions. Exploration permits grant their holders exclusivity rights to any mineral discoveries, including those made by a third party within the exploration area covered by the permit. Exploration permits are supportedlimited in time and as to the extent of the exploration area, are subject to the payment of a single-time fee, and also require a minimum exploration work programme and schedule to keep the permit in force.

The Argentinean Mining Code also regulates mining concessions, or exploitation rights. Priority for receiving a mining concession is given to the registered discoverer of the mine, which holds the exploration permit. Once the application for a mine has been submitted, the applicant may commence works and must submit a legal survey of the units requested for the new mine. The application and the legal survey may be opposed by greenfield projectsthird parties following specific proceedings set forth in the Argentinean Mining Code. Approval and registration of the legal survey by the provincial mining authority constitutes formal title to the mining concession.

Holders of mining concessions must comply with three main conditions: payment of an annual fee, investment of a focused exploration programme.minimum amount of capital, and the carrying out of a reasonable level of exploitation. Failure to do so could lead to forfeiture of the mining concession, which would then revert back to the Province.

In 2017, Obuasi remainedaddition to the Argentinean Mining Code, between 1993 and 1995, Argentina implemented several federal laws to offer foreign companies attractive incentives for exploration and mining in Argentina, the Mining Investment Law (Law No. 24, 196), as amended (Mining Investment Law), and related legal provisions being the most important one. Such incentives include, amongst others, import duty exemptions, accelerated depreciation of fixed assets, a 3 percent cap on careprovincial royalties set at pit-head value on the mineral extracted, value added tax refunds for exploration-related expenses incurred by companies registered under the Mining Investment Law, and, maintenancesubject to the filing of a feasibility study for the relevant mining project, a 30-year stability as to the tax burden on the project and the closure process at Yatela continued. customs and foreign exchange regimes and duties. Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate in 1996.

Glacier Law

On 19 October 2017, AngloGold Ashanti announced30 September 2010, the saleNational Law on Minimum Requirements for the Protection of various assetsGlaciers (Law No. 26, 639) (Glacier Law) was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. The Glacier Law also subjects on-going mining activities in those areas to an environmental audit. If such audit results in material impacts on glaciers and “peri-glacial” areas, the relevant authority is empowered to take action, including suspension or relocation of the activity. The Glacier Law establishes a broad definition of “peri-glacial” areas that, together with glacial areas, must be surveyed by an existing national government agency specifically appointed to this end every five years. The area where the Cerro Vanguardia project is located does not include any glaciers or peri-glacial areas according to the inventory of glaciers which was published in June 2018. The constitutionality of the Glacier Law has been challenged by some mining companies along with the

Province of San Juan (which hosts large mining projects), but the National Supreme Court of Justice of Argentina rejected these claims on 4 June 2019.

Rural Land Law

On 27 December 2011, the Argentinean National Congress passed a law on the Regime for Protection of National Domain over Ownership, Possession or Tenure of Rural Land (Law No. 26, 737) (Rural Land Law) which implemented a set of rules restricting the ownership of rural land by foreigners (including foreign individuals or any kind of legal entity controlled by foreign individuals or legal entities). The main restrictions are as follows: (i) foreigners cannot own in the Vaal River regionaggregate more than 15 percent of South Africa including the Moab Khotsongentire rural land of Argentina, the same cap being applicable to each Province and Kopanang mines. SubsequentMunicipality; (ii) foreigners will not be allowed to year end all conditions precedent were fulfilledpurchase more than 1,000 hectares in the so-called “zona núcleo”, which comprises the main agricultural areas of central Argentina or an “equivalent” surface depending on the location of the land and its productive potential; and (iii) foreigners will not be allowed to buy land that contains, or is adjacent to, relevant and permanent water bodies (such as rivers and lakes). Although exploration permits and mining concessions are not the subject matter of the restrictions placed by the Rural Land Law, certain rights granted to foreign mining companies under the Argentinean Mining Code may be restricted by this new law. For example, the right that holders of mining concessions currently have to force the surface owner to sell the land to the holder of the mining concession might be restricted if the concession holder is a foreign individual or a legal entity controlled by foreigners.

Federal Mining Agreement

On 13 June 2017, the national government and the effectiveprovinces in whose territories the main mining projects of Argentina are located, signed the New Federal Mining Agreement (FMA). The purpose of the FMA is, amongst other things, to increase provincial revenues from the mining industry by creating legal entities owned by provincial governments that would work in association with private mining companies. This scheme is not new in Argentina and it has been used by some provincial governments, amongst them the Santa Cruz Province (through Fomicruz), in which the Cerro Vanguardia project is located. The FMA also contemplates other forms of revenues such as the formation of special trusts to be funded by mining companies in order to finance education, health and other programmes. Additionally, the FMA included setting forth mining royalties up to 3 percent of the gross value of commercialized minerals, without any deductions other than VAT. As the FMA has not yet been converted into law by the National Congress, its provisions are neither binding nor enforceable.

In Argentina, the current regulatory regime of royalty payments is expected to change and several different options and payment thresholds have been discussed. In December 2012, the Santa Cruz Province changed the mining royalty from 1 percent to 3 percent calculated at pit-head value of the mineral extracted thus bringing it to the cap of the Mining Investment Law.

Foreign exchange control regime

On 1 September 2019, by means of Executive Decree No. 609/2019 (Decree), the national government re-established foreign exchange and export controls. The Decree imposes, among other measures, the obligation of Argentinean residents to transfer to Argentina and/or sell for Argentinean pesos in the Argentinean foreign exchange market (mercado libre de cambios) the countervalue (contravalor) from their exports of goods within 15 to 365 calendar days depending on the goods exported and the relationship with the importer. Regardless of the applicable maximum term, upon collection of the export, the proceeds thereof must be sold for Argentinean pesos in the Argentinean foreign exchange market no later than five business days from the date of salecollection.

The Decree also authorized the Central Bank of Argentina to establish the requirements for compliance with the measures set out therein. On the same date, the Argentinean Central Bank, as the regulatory authority in charge of administering the Argentinean foreign exchange market, issued Communication “A” 6770 establishing the specific regulatory requirements in order to implement the measures adopted by the national government. The Argentinean Central Bank delegated the responsibility to follow up and supervise compliance with the repatriation obligation of exporters to financial institutions. In this respect, it implemented the so-called “Follow-up regime for foreign exchange countervalue from exports of goods” (Seguimiento de las negociaciones de divisas por exportaciones de bienes or SECOEXPO). Upon the expiration of the applicable term to transfer and sell the proceeds of exports, the designated financial institution must inform the Argentinean Central Bank if the exporter has complied with its obligations or not.

Export duties

On 4 September 2018, export duties were imposed by Decree No. 793/2018 (Export Duties Decree) published by the Argentinean government which will be applicable until 31 December 2020. The export duty is set at 12 percent ad valorem. The Export Duties Decree, if not compensated with other tax reductions, affects the tax stability guarantee granted to Cerro Vanguardia S.A. (CVSA) in 1996 in light of the fact that at the time export duties were zero percent.

On 26 February 2019, the Argentinean tax and mining authorities published a resolution establishing a mechanism to reimburse or compensate federal taxes paid in excess of the total tax burden provided for by applicable tax stability guarantees. The resolution provides for an administrative procedure to be followed to prove that the actual tax burden is higher than the one a company should have based on its tax stability guarantee. Cerro Vanguardia S.A. initiated this procedure in order to claim reimbursement of, or compensation for, export taxes paid during 2018 in excess of the total tax burden provided for by its tax stability guarantee. The

National Mining Secretariat issued a favorable opinion regarding Cerro Vanguardia S.A.’s claim, which is currently under review by the relevant customs authorities (Customs Regional Division - Patagonia).

On 21 December 2019, the National Law on Social Solidarity and Productive Reactivation (Law No. 27, 541) (Solidarity Law) was 28 February 2018.enacted. The Solidarity Law grants the national government power until 31 December 2021 to impose export duties which may not exceed certain caps. For example, the Solidarity Law provides that export duties on mining exports cannot exceed 8% of the taxable value or official FOB price. It is currently unclear whether this 8% limit applies automatically or whether it requires the issuance of a decree by the national government.

Environmental laws relating to mining

Any mining company wishing to commence or modify any mining-related activity, as defined by the Argentinean Mining Code, including prospecting, exploration, exploitation, development, preparation, extraction, and storage of mineral substances, as well as property abandonment or mine closure activity, is required to prepare and submit to the competent provincial environmental authority an Environmental Impact Assessment (EIA) prior to commencing the work. Each EIA is required to describe the nature of the proposed work, its potential risk to the environment, and the measures that will be taken to mitigate that risk. If accepted by the competent authority, the EIA is used as the basis to create a Declaration of Environmental Impact (DEI) to which the mining company is required to adhere during the mining-related activity at issue. The DEI is required to be updated at least on a biannual basis. Sanctions and penalties for non-compliance with the DEI are outlined in the Environmental Protection section of the Argentinean Mining Code, and may include warnings, fines, suspension of quality certifications, restoration of the environment, temporary or permanent closure of activities, and withdrawal of authorisation to conduct mining-related activities.

AngloGold Ashanti’s operationsrights and joint ventures employed, on average, 51,480 people (including contractors) in 2017 (2016: 52,649).permits

Performance
In 2017,the case of Cerro Vanguardia, AngloGold Ashanti’s operation in Argentina, the mining concession holder is AngloGold Ashanti’s partner, Fomento Minero de Santa Cruz S.E. (Fomicruz). On 27 December 1996, Fomicruz entered into a usufruct agreement whereby Cerro Vanguardia S.A. was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 km2) for a 40-year period, which expires on 26 December 2036. Cerro Vanguardia S.A. is a corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti, produced attributable 3.8 million ounces of gold (2016: 3.6 million ounces)with Fomicruz as well as 753,000 pounds of uranium oxide, 6.2 million ounces of silverminority shareholder. On 14 August 1996, Cerro Vanguardia S.A. obtained its tax, customs and 203 tonnes of sulphuric acid as by-products.foreign exchange stability certificate, which expires in 2026.

Production of 3.8 Moz was achieved at a cost of sales of $3.6 billionBrazil

General laws relating to mining and an all-in sustaining cost of $ 1,050/oz for subsidiaries and $1,087/oz for equity accounted joint venture operations respectively, compared to 3.6Moz in 2016 at a cost of sales of $3.3 billion and all-in sustaining cost of $990/oz for subsidiaries and $955/oz for equity accounted joint venture operations, respectively.land ownership

The attributable Ore Reserve decreased from 50.0Moz in December 2016 to 49.6Moz in December 2017. This gross annual decreaseBrazilian Constitution of 0.4Moz includes depletion1934 states that, for purposes of 4.3Moz. The balance of 3.9Moz additions in Ore Reserve, results from exploration and modelling changes of 4.0Mozexploitation, deposits and other factorsMineral Resources constitute property separate from the soil and belong to the Federal Union. Exploration and exploitation of 0.7Moz, whilst changessuch Mineral Resources may take place only with the Federal Union’s concession and in economic assumptions resulted insuch a 0.8Moz reduction.way as to protect the national interest. Federal law sets out penal and administrative sanctions for conduct and activities deemed harmful to the environment.

Capital expenditure, including equity accounted joint ventures,In Brazil, the National Mining Agency (ANM) is the state body within the Mines and Energy Ministry (MME) that is responsible for: (i) the registration of mining titles, (ii) the grant of authorisations and concessions, (iii) the supervision of mining activities and mining titleholders, and (iv) the issuance of supplementary rules in 2017 amountedrelation to $953 million (2016: $811 million)mining activity.

Under the current Brazilian Mining Code, there are two kinds of mines: (i) claimstake mines (minas manifestadas), for which rights were acquired before 1934 and exist independently of any mining licence or authorisation from the Federal Government and for which the Mineral Resources constitute property of the landowner and (ii) granted mines, which are those that rely on grants from the Federal Government for mineral exploration or exploitation (pursuant to the Brazilian Constitution of 1988). AngloGold Ashanti’s operations in Brazil consist of both claimstake mines and granted mines.

Mining activities in granted mines must be performed in two defined stages: (i) exploration, which entails defining and evaluating the deposit and determining the feasibility of exploitation, and (ii) exploitation, which involves coordinating operations aimed at the industrial exploitation of the mineral deposit, from the extraction of useful minerals to their processing. Exploration authorisations issued by ANM are valid for one to three years. Extensions can be obtained if necessary, as long as it is justified. In contrast, exploitation rights, once granted, are valid for the lifetime of the deposit, provided the mining titleholder complies with all legal requirements. Pursuant to these requirements, for example, titleholders must (i) start work on mineral exploitation within six months from the date of publication of the Exploitation Concession, (ii) continue their mining activities until the mineral deposit has been exhausted, in accordance with the Economic Exploitation Plan (Plano de Aproveitamento Econômico) approved by ANM and (iii) refrain from suspending mining activities without prior notice to ANM.

Tax laws relating to mining

During the exploration period, the mining titleholder has to pay an Annual Rate per Hectare (Taxa Annual por Hectare or TAH), subject to a maximum value set by law. In the exploitation period, regardless of the legal regime governing the project (whether

claimstake or granted mines), the mining titleholder has to pay the Financial Compensation for Exploiting Mineral Resources (Compensação Financeira pela Exploração Mineral or CFEM). The CFEM which is 1.5 percent for gold is currently calculated based on revenues.

At the end of 2011 and the beginning of 2012, the states of Minas Gerais, Pará, Amapá and Mato Grosso do Sul each created a new tax (duty) on research, extraction and exploration activities as well as on the use of Mineral Resource carried out in those states. This tax could range from BRL3.00 to BRL6.50 per ton of ore extracted. In the states of Minas Gerais and Goiás, however, gold ore was exempted from the collection of this new duty.

Environmental laws relating to mining

Following the catastrophic failure of a tailings storage facility (TSF) operated by Vale in the state of Minas Gerais in January 2019, Brazilian executive, legislative and judiciary bodies have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and have been considering, and in some cases adopting, stricter laws and regulations applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs in Brazil. For example, some of the new measures under consideration or enacted include (without limitation):
A ban prohibiting construction of new upstream tailings dams;
New requirements mandating reinforcement and earlier-than-planned closure of existing upstream TSFs;
New requirements mandating removal of all tailings material from TSFs (“decharacterization”), regardless of the original design method, upon closure and prior to decommissioning and environmental rehabilitation;
New requirements mandating bi-annual (each year in March and September) TSF Stability Declarations for approved TSFs, signed by an external engineering consultancy and geotechnical senior manager as well as company directors, to be submitted to the ANM and the relevant state environmental agency;
New requirements for companies to place a surety bond in the preliminary permit phase; and
Banning permits for any new dam where there are communities within 10 km downstream or where a dam break could affect communities in less than 30 minutes (within the Self-Rescue Zone).

SafetyFurthermore, in addition to the 156 bills that were already being considered by the National Congress, another 51 bills dealing with the mining sector were presented in 2019 that may significantly impact the mining sector and the company. For example, Federal Bill No. 550/2019, if adopted, will require the company to complete the decharacterization (descaracterização) and decommissioning of its TSF at the Serra Grande mine in the state of Goiás, which was built by the upstream method, by 25 February 2022. For the company’s other TSFs in Brazil, all of which are downstream or “centreline” designs, the following options are permitted: either (i) the structure must be decharacterized and decommissioned, (ii) the population must be relocated, with reparations for loss of cultural heritage, or (iii) reinforcement works that guarantee the effective stability of the structure must be carried out, by decision of the public authorities, taking into account the previous nature of the dam in relation to the occupation and technical-financial viability of the alternatives. Even if reinforcement works are completed, the company will still be required to decharacterize and decommission the TSF at the end of the life of the mine. This bill also introduces the requirement to present a surety bond at the planning stages for the TSF. The mining sector, including the Minas Gerais Industry Association (FIEMG), the National Industry Association (CNI) and the Brazilian Mining Chamber (IBRAM), is liaising with the legislative authorities and other stakeholders in an effort to introduce amendments to this proposed bill which would mitigate some of the concerns identified by the mining industry, in particular, regarding the requirement to remove tailings material from decommissioned TSFs. As of yet, none of these new bills have been approved by the National Congress.
Regrettably,
At the federal level, the ANM issued Resolution No. 13/19 in August 2019 (replacing its earlier Resolution No. 4/19) which adopted additional regulatory measures to ensure the stability of TSFs, in particular those built or heightened by the upstream method or by any method declared as “unknown”. Among other things, ANM Resolution No. 13/19 prohibits the upstream method for the construction or heightening of tailings dams throughout the national territory of Brazil. It further requires the deactivation of TSFs constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as the decommissioning of such TSFs by 15 August 2022 to 15 September 2027 (depending on the capacity volume). ANM Resolution No. 13/19 does not require complete removal of tailings material from TSFs. As a result, the Serra Grande mine in the state of Goiás is in the process of reinforcing the dam walls of its upstream TSF in advance of its expected deactivation by 15 September 2021. In addition, the company has begun the process of evaluating alternate structures for this upstream TSF, as well as any potential increases in regulatory and cost obligations as a result of new requirements applicable to TSFs.

At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which contained the state’s policy on TSF safety and should be implemented in conjunction with the equivalent federal policy. Among other things, Law No. 23.291/19 determines the criteria for licensing and inspecting TSF structures, prohibits TSFs constructed or heightened using the upstream method and holds management liable for non-compliance with its provisions.

AngloGold Ashanti’s rights and permits

At AGA Mineraçao, Cuiabá has a single concession covering a total area of 3,662 hectares, Lamego is covered by three geographically contiguous concessions totally 1,622 hectares and Córrego do Sítío is hosted by five geographically contiguous concessions covering a total area of 6,017 hectares. All of these are in good standing. At Serra Grande, the company has interests

in or agreements over 61,500 hectares in Crixas Greentone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. Brazilian mining concessions remain valid up to the depletion of the Ore Reserve and Mineral Resource pursuant to the Economic Exploitation Plan approved by the ANM and in accordance with the required environmental permits, and as a result do not have an explicit expiry date.

Colombia

General laws relating to mining and land ownership

General regime

The Colombian Constitution declares that the sub-soil and the non-renewable natural resources located within the Colombian territory are the property of the Colombian State. The underlying principle of Colombian mining legislation for the granting of mining concession contracts is first in time, first in law. Mining activities are regulated by the Colombian Mining Code, Act 685, 2001.

The filing of an exploration and exploitation proposal triggers a right of preference to obtain rights over the targeted area, provided it is available. Such area cannot exceed 10,000 hectares. Upon receipt of a proposal, the relevant government agency determines whether another proposal or contract already governs the area. If there are no pre-existing claims, the government agency grants the applicant a “free area”.

With respect to land ownership, a mining concession in Colombia does not grant the rights over the surface required to develop a mining project. Therefore, in order to develop a mining project, it is required to acquire and secure access to the land (soil). This can be achieved in several ways, such as (i) purchase of the land, (ii) a transit easement, (iii) a mining easement, and (iv) the special acquisition process or expropriation.

Concession contract

As the sub-soil and the non-renewable natural resources located within the Colombian territory are property of the Colombian State, the Colombian Mining Authority grants the authorization to explore and exploit minerals through a concession contract. 

Such concessions allow concessionaires to conduct the studies, works and facilities necessary to establish the existence of minerals and to organise their exploitation. Upon being awarded a mining concession, a company must take out an insurance policy to cover the costs associated with potential environmental damage as well as breaches of its mining obligations. It may then proceed with exploration activities. Once the exploration phase is complete, the concessionaire files a new plan regarding proposed works and facilities. With the award of the mining concession or tenement contract, there are specified timelines for the completion of the various phases of a mining project, e.g. exploration, construction, exploitation. The company must comply with these timelines unless performance is suspended, for example, due to force majeure or extensions or modifications to the timelines. A grant of force majeure is for one year and must be renewed on an annual basis. If the company does not comply with the specified timelines for the completion of the various phases of a mining project, the mining authority may revoke the company's concession contracts or mining licenses. As a general matter, any company that wishes to obtain a renewal of its concession contract must be up to date in all its legal and contractual obligations and must present a new plan of works and facilities to be implemented after the contract is renewed.

PINES program

In 2013, the federal government instituted the PINES program designed to aid promoting certain projects that are deemed to have a national interest. This designation provides for greater oversight from the national government. All of our three advanced exploration projects (La Colosa, Quebradona and Gramalote) were seven fatalities acrossconsidered of national strategic interest. Currently, Quebradona and Gramalote remain in the group’sPINES program, but La Colosa was temporarily removed as such (until the force majeure is over).

Tax laws relating to mining

From the moment the concession contract is registered with the Mining Register, the concessionaire has several financial obligations, including the payment of (i) a surface fee during the exploration, construction and assembly stage and (ii) royalties.

Once exploration is complete and the mining infrastructure in place, the concessionaire must begin paying royalties to the Colombian government, consisting of a percentage of the primary product and sub-products being exploited. The percentage of the royalty depends on the regulation in force when the concession contract is signed. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a 5 percent royalty for copper on the production value at the mine’s or well’s edge (i.e. when extracted from the subsoil). In case of gold and silver, a royalty of 4 percent on the production valued at the mine’s or well’s edge (i.e. when extracted from the subsoil) was established.

Furthermore, Colombian law establishes that once the environmental license is granted the concessionaire must invest 1 percent of the project’s value to benefit the basins covered by the environmental license.


Environmental laws relating to mining

In order to obtain an authorization from the National Environmental Licensing Authority of Colombia to carry out a project, the company must prepare an Environmental Impact Study (E.I.A.) for approval by this authority.

Global environmental licenses are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination.

AngloGold Ashanti’s core mining concession contracts provide that the mining authority has the discretion to declare the underlying concession void if the specific company which holds the concession breaches applicable environmental laws or regulations. If the mining authority were to exercise such discretion against it, such company would be required to abandon its projects and all of its other existing mining concession contracts. Pending proposals for new mining concession contracts would also be cancelled and the company would be banned from doing business with the Colombian government for a period of five years. As a result, the company would be unable to conduct any mining exploration or development activities during such period. However, this would not affect other AngloGold Ashanti subsidiaries operating in Colombia, which hold singularly or in concert with joint venture partners the majority of the company’s concession contracts in Colombia.

There are some areas where mining activity is prohibited. These areas are national parks, regional parks, protected forest reserves, paramos (included in Act 1753, introduced in 2015) and wetlands, pursuant to the Ramsar Convention on Wetlands of International Importance.Some forest reserves are not “protected” but are set aside for active forestry purposes. Such forest reserves must be “extracted” after initial prospection, meaning that the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, Resolution 187/2016, passed by the federal government in late 2016, identifies areas that the Ministry of the Environment has determined to be “paramos” areas, or paramos transition areas. In these areas there are limitations on industrial or commercial work being performed, including mining. The regulation also specifies a process to determine what work, if any, can be performed in a paramos-designated area.

AngloGold Ashanti’s rights and permits

The La Colosa project managed by AngloGold Ashanti Colombia S.A. (AGA Colombia) remains in force majeure due to the delays in the granting of the environmental permits by the local environmental authority, thereby preventing AGA Colombia from undertaking further exploration activities. The current one-year grant of force majeure will expire on 22 June 2020 and the request for an extension is pending. AGA Colombia applied for a mining area integration (consolidation) of its concession contracts related to La Colosa, in respect of which AGA Colombia was not in compliance with some of the specified timelines. The application for mining area integration (consolidation) was approved in March 2017, which remedied the non-compliance of each consolidated concession and reset the specified timelines. La Colosa now has a single concession which covers a total area of 9,210 hectares and expires on 28 February 2037.

Minera de Cobre Quebradona S.A. (MCQ) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016. As a result, MCQ was granted the exclusive right to explore, take ownership and dispose of the mineral reserves (ore) extracted from the concession area. MCQ has the right to request an extension of up to 30 years, at least two years before the expiration of the operating period. This extension is not automatic, and the request must be filed with new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract 5881 is in its third year of the exploration phase and the Quebradona project requested the Mining Authority for an extension of 2 more years.

United States of America

Nevada

Mineral and surface rights in the United States are owned by private parties, state governments or the federal government. The majority of land utilised for precious metals exploration, development and mining in the western United States is owned by the federal government, and often the state government will have an ownership interest in minerals, regardless of whether the state is the surface owner. The right to mine on such federal land in western states is governed by the U.S. General Mining Law of 1872, as amended (General Mining Law). The General Mining Law allows mining claims on certain federal lands upon the discovery of a valuable mineral deposit and proper compliance with claim location and maintenance requirements.

In Nevada, AngloGold Ashanti (U.S.A.) Exploration Inc. is advancing a joint venture property, the Silicon Project, on federal lands through an Earn-in Option Agreement for 277 mining claims, covering an area of approximately 5,700 acres. Additionally, a further 1,414 mining claims (29,215 acres) in the name of AngloGold Ashanti North America Inc. are also being explored. On these lands, AngloGold Ashanti (U.S.A.) Exploration Inc. is currently engaged in early-stage exploration activities that include, but are not limited to, geological and spectral mapping, surface geochemical sampling, geophysical surveying and RC and/or diamond drilling.

Mineral exploration activities in Nevada are also generally subject to applicable federal, state, and local permitting requirements, but the specific regulatory authorizations required for the company’s activities are based on the nature and location of the exploratory

work.  AngloGold Ashanti (U.S.A.) Exploration Inc.’s Nevada operations are currently conducted under what is generally referred to under federal law as a notice-level operation subject to 43 CFR § 3809.21. The federal Bureau of Land Management (BLM) issued a Notice of Decision for the Silicon Project approving the proposed exploration operations on 1 November 2017.  The BLM determined that the operations would not cause unnecessary or undue degradation as defined under 43 CFR § 3809.5. Three amendments to the Notice of Decision have been authorized by the BLM in letters dated 31 January 2018, 2 April 2018, and 4 October 2018. The Notice of Decision requires reclamation of the drill pads and roads, including the reseeding of disturbed lands. The Notice of Decision also set the financial guarantee amount for reclamation. The Notice of Decision includes a renewable 2-year term from the date of the last amendment to the Notice.

The BLM issued a Notice of Decision for the Rhyolite North Project approving the proposed exploration operations on 14 January 2020. The Rhyolite North Project, situated within the Nye County of south-western Nevada, is wholly owned by AngloGold Ashanti North America Inc. It is an early-stage exploration project managed by AngloGold Ashanti (U.S.A.) Exploration Inc. and is currently comprised of 237 unpatented mining claims.

Nevada’s Bureau of Mining Regulation and Reclamation (BMRR) also regulates mining within the state.  Exploration projects of 5 acres or less, the scope of a notice-level operation under federal law, are exempt from BMRR regulation. AngloGold Ashanti’s current exploration programs fall within this exemption.

AngloGold Ashanti (U.S.A.) Exploration Inc. has initiated a subsequent permitting process for the Silicon Project to increase the exploration activities beyond the 5-acre notice level. This process was initiated in 2019 with the completion and submission of the required environmental baseline studies and the submission of a Plan of Operation and Reclamation Plan to the BLM and BMRR. The permitting process is expected to be completed in 2020 and decisions from the BLM and BMRR are expected to be received in the same year.

Minnesota

In Minnesota, AngloGold Ashanti Minnesota Inc. completed early-stage reconnaissance exploration activities to determine the potential for gold mineralization in the northern counties of Minnesota. Based on the achieved results, the company has decided to terminate its exploration activities in the state and it is currently in the process of closing out activities in accordance with state and company requirements.

Potential regulatory changes

Over the years, the U.S. Congress has considered a number of proposed amendments to the General Mining Law and other federal statutes relating to mining. Among the significant features contained in previously proposed legislation were a production royalty obligation, new and more stringent environmental standards and conditions, additional reclamation requirements, extensive new procedural steps which would likely result in extended permitting timelines and granting counties the ability to petition the U.S. Secretary of the Interior to make certain areas unavailable for the location of unpatented mining claims. The U.S. Environmental Protection Agency has also proposed potential revisions to financial assurance requirements relating to mineral development activities.

AGA is currently unaware of any new federal or state legislative or regulatory changes or rule-making that has been proposed or enacted that would adversely affect its current exploration programs. If any of the above-referenced provisions were adopted in the future, the company’s operations in 2017. The all injury frequency rate was 7.49 per million hours worked compared to 7.71 in 2016.Nevada could be adversely affected.


MINE SITE REHABILITATION AND CLOSURE

Closure, an integral part of operations

All mining operations eventually cease. An integral aspect of operating AngloGold Ashanti’s mines is ongoing planning for and, where feasible, implementation of concurrent rehabilitation, together with an estimate of associated liability costs and the placement of adequate financial provisions and assurances to cover these costs.

AngloGold Ashanti revised its group closure planning management standard in 2013 and all of its operations are required to comply with the standard, as well as applicable law and regulations, as their closure plans are reviewed and updated.

Closure planning is an activity that starts at the exploration and mine design stage and continues throughout the life of mine:
New projects include a closure plan which takes into account future closure and associated rehabilitation and other costs.
The closure plan is reviewed annually and updated every three years (annually in the final three years of a mine’s life) or whenever significant changes are made, taking into account operational conditions, planning and regulatory requirements, international protocols, technological developments and advances in practice.


For many of the older mines, closure planning and the evaluation of environmental liabilities is a complex process. This is particularly so in Brazil, Ghana and South Africa, where many of the mining and other operations have taken place for more than fifty years. A particular challenge is concurrent rehabilitation, which is carried out while a mine is still operational. This practice serves to decrease the ultimate liability and reduces the final rehabilitation and closure work that must be undertaken, but has the potential to sterilise Ore Reserve, which the company might wish to exploit should conditions, such as the gold price, change.

The company’s closure standard stipulates that closure planning must be undertaken in consultation with the community. In the course of these consultations, different issues are raised which require site-specific solutions. Livelihood preservation and infrastructure are often key requirements. Communities also require information on the company’s rehabilitation of the landscape and on any lasting environmental impacts. Long-term remediation obligations, including decommissioning and restoration liabilities relating to past operations, are based on environmental management plans and compliance with current environmental and regulatory requirements.

Provisions for decommissioning and rehabilitation costs are made when there is a present obligation, it is probable that expenditure on decommissioning and rehabilitation work will be required and the cost can be estimated within a reasonable range of possible outcomes. These costs are based on currently available facts, technology expected to be available at the time of the clean-up, laws and regulations presently or virtually certain to be enacted and previous experience in the rehabilitation of mine sites.

Decommissioning costs and restoration costs are provided at the present value of the expenditures expected to settle the obligation, using estimated cash flows based on current prices. Estimates are discounted at a pre-tax rate that reflects current market assessments of the time value of money.

Provisions for decommissioning and for restoration (excluding joint ventures) increased from $637 million in 2018 to $730 million in 2019 (including the rehabilitation obligations transferred to held for sale liabilities and associated with our pending sale of operations in Mali and South Africa). This increase mainly relates to proposed requirements regarding the removal of tailings materials from tailings storage facilities in Brazil upon closure and decommissioning (a process known as “decharacterization”) and changes in discount rates based on global economic assumptions. The provisions were also impacted by changes in mine plans, resulting in a change in cash flows and changes in design of tailings storage facilities and in methodology following requests from the environmental regulatory authorities.


ENVIRONMENTAL, HEALTH AND SAFETY MATTERS

In addition to post-mining land rehabilitation and closure requirements, AngloGold Ashanti is subject to extensive environmental, health and safety (EHS) laws and regulations in the various jurisdictions in which the company operates. These requirements govern, among other things, extraction, use, conservation and discharge of water; air emissions (including dust control and greenhouse gases); regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; worker health and safety and community health; and the generation, transportation, storage and disposal of solid and hazardous wastes, such as reagents, radioactive materials, and mine tailings. Environmental laws and regulations applicable to our operations, including the requirements contained in environmental permits, are generally becoming more restrictive. Significant EHS requirements, risks and trends affecting our mining and processing operations are described below.

SOUTH AFRICA
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General laws relating to mining

The Mineral and Petroleum Resources Development Act

Mineral and Petroleum Resources Development Act

The Mineral and Petroleum Resources Development Act, No. 28 of 2002 (MPRDA) came into effect on 1 May 2004. The objectives of the MPRDA are, amongst other things, to allow for state sovereignty over all mineral and petroleum resources in the country, to promote economic growth and the development of these resources and to expand opportunities for the historically disadvantaged. Another objective of the MPRDA is to ensure security of tenure for the respective operations concerning prospecting, exploration, mining and production. By virtue of the provisions of the MPRDA, the state ensures that holders of mining and prospecting rights contribute to the socioeconomic development of the areas in which they operate.

Mineral and Petroleum Resources Development Amendment Act

The Mineral and Petroleum Resources Development Amendment Act, No. 49 of 2008 (MPRDAA) was passed by Parliament in 2008 and became effective on 7 June 2013. Its purpose is to amend the MPRDA in order to, amongst other things:
make the Minister of Mineral Resources and Energy (MRE Minister) the responsible authority for implementing the requirements of the National Environmental Management Act, No. 107 of 1998 (NEMA) and specific environmental legislation as they relate to prospecting, mining, exploration, production and related activities incidental thereto on the prospecting, mining, exploration or production area;
align the MPRDA with the NEMA in order to provide for one environmental management system;
remove ambiguities in certain definitions;
add functions to the Regional Mining Development and Environmental Committee;
amend transitional arrangements so as to further afford statutory protection to certain existing old order rights; and
provide for matters connected therewith.

When the MPRDAA came into effect on 7 June 2013, only selected provisions became effective immediately. The MPRDAA contains the following provisions, amongst others:
Environmental authorisations: Provides for a prohibition on any prospecting and mining, or conducting technical co-operation operations, reconnaissance operations or any incidental work without an environmental authorisation (since 7 December 2014), permit and at least 21 days’ written notice to the landowner or lawful occupier.
Historic residues: Provides that the definitions of “residue stockpile” and “residue deposit” now include an old order right. This provision is intended to make old order dumps subject to the MPRDA so that old order dumps which are part of a mining area covered by a new order mining right could only be treated by the holder of the new order rights. Old order dumps not covered by a new order mining right would be considered a residue deposit to which the MRE Minister would have discretion to grant rights.
Applications: Provides that applicants for prospecting and mining rights must (since 7 December 2014) lodge an application for an environmental authorisation simultaneously with the application for rights. The Department of Mineral Resources should no longer accept more than one application in respect of the same area and mineral.
Environmental regulation: Provides that the MRE Minister is the responsible authority for implementing environmental provisions under NEMA as it relates to prospecting, mining, exploration, production or activities incidental thereto on a prospecting, mining, exploration or production area. An environmental authorisation issued by the MRE Minister shall be a condition prior to the issuing of a permit or the granting of a right in terms of the MPRDA.
Closure certificates: Provides that previous holders of old order rights or previous owners of works that have ceased to exist remain responsible for any environmental liability until the MRE Minister issues a closure certificate.

Draft Mineral and Petroleum Resources Development Bill & Draft Upstream Petroleum Resources Development Bill

In 2017, AngloGold Ashanti’s2012, the MRE Minister published the Draft Mineral and Petroleum Resources Development Bill, 2012 (2012 MPRDA Bill) and, in 2013, a revised version of the 2012 MPRDA Bill (2013 MPRDA Bill) was submitted to Parliament. Following several amendments, the 2013 MPRDA Bill was eventually withdrawn by the South African government in September 2018.

On 24 December 2019, the MRE Minister published the Draft Upstream Petroleum Resources Development Bill, 2019 for public comment. This new bill provides for the upstream petroleum industry to be governed under a separate piece of legislation which does not come under the umbrella of the MPRDA. At this stage it is unclear whether the MRE Minister will submit a new bill in respect of the mineral resources industry proposing any of the amendments originally contained in the withdrawn 2013 MPRDA Bill.

Mineral and Petroleum Resources Development Regulations

On 23 April 2004, the MRE Minister published under the terms of the MPRDA the Mineral and Petroleum Resources Development Regulations in Government Gazette No. 26275 under GNR. 527 (MPRDA Regulations). On 28 November 2019, the MRE Minister published, for public comment, the Draft Amendments to the Mineral and Petroleum Resources Development Regulations, 2019 (Draft MPRDA Regulations). Interested and affected parties were invited to submit written representations to the Draft MPRDA Regulations within 30 days of the publication thereof. The proposed amendments contained in the Draft MPRDA Regulations, include, inter alia, the following:
“Interested and affected parties”: Section 10 of the MPRDA requires consultation of interested and affected parties. The MPRDA Regulations currently define “interested and affected parties” as “a natural or juristic person with a direct interest in the proposed or existing operation or who may be affected by the proposed or existing operation”. The Draft MPRDA Regulations expand on the aforesaid definition by specifying that these include but are not limited to “host communities, landowners (traditional and title deed owners); traditional authority; land claimants; lawful land occupier; holder of informal land rights; the Department of Agriculture, Land Reform and Rural Development; any other person (including on adjacent and non-adjacent properties) whose socio-economic conditions may be directly affected by the proposed prospecting or mining operation; the local municipality and the relevant Government Departments, agencies and institutions responsible for the various aspects of the environment and for infrastructure which may be affected by the proposed project”;
“Meaningful consultation”: Meaningful consultation envisages a consultation process where “the applicant, has in good faith engaged the landowner, lawful occupier or interested and affected party in respect of the land subject to the application about the impact the prospecting or mining activities would have to his right of use of the land by availing all the information pertaining to the proposed activities enabling these parties to make an informed decision regarding the impact of the proposed activities”;
Information requirement: A new requirement is introduced requiring a mining company to provide certified copies of its right or permit in question, environmental authorisation and any relevant authorisations to landowners and lawful occupiers before commencing with operations;
Social and Labour Plans: A new requirement is introduced obliging mining companies to publish Social and Labour Plans (SLP) relating to their operations in English and one other dominant official language commonly used in the mine community on the mining company’s website, in local newspaper(s), as hard copies in local libraries, municipal offices, traditional authority offices and company/mine offices within 30 days of approval. Furthermore, the availability and content of the approved SLP must be announced, where feasible, in local radio stations and in relevant news outlets;
Repeal: Regulations 47-55 and 58-60 of the MPRDA Regulations are repealed as the topics governed by these regulations have since been incorporated into NEMA and the Environmental Impact Assessment Regulations, 2014 (as amended);

Disputes: A process is prescribed according to which the Regional Manager may resolve land access and “resettlement” disputes in terms of section 54 of the MPRDA . A procedure is also created for resolving land disputes which gives the MRE Minister or the Director-General certain powers to deal with complicated land disputes; and
Appeals: New procedures are proposed for lodging internal appeals in terms of section 96 of the MPRDA.

The Mining Charter

Mining Charter, 2004

The Broad-Based Socio-Economic Empowerment Charter for the South African Mining Industry, 2004 (Mining Charter, 2004) was published in August 2004. The Mining Charter, 2004 was developed in terms of section 100(2)(a) of the MPRDA and took effect on 1 May 2004. The Mining Charter, 2004 committed all stakeholders in the mining industry to transfer ownership of 26 percent of their assets to black or historically disadvantaged South Africans (HDSAs) within 10 years. The Mining Charter, 2004 also set targets for, amongst other things, the advancement of HDSAs into management positions, the employment of women, procurement of goods and services from HDSA-owned companies, training, community development and the upgrading of mine housing. Mining companies are required to formulate plans to achieve the aforementioned targets, identify current levels of beneficiation and indicate opportunities for growth.

The objectives of the Mining Charter, 2004 were to:
promote equitable access to the nation’s Mineral Resources by all the people of South Africa;
substantially and meaningfully expand opportunities for HDSAs, including women, to enter the mining and minerals industry and to benefit from the exploitation of the nation’s Mineral Resources;
use the industry’s existing skills base for the empowerment of HDSAs;
expand the skills base of HDSAs in order to serve the community;
promote employment and advance the social and economic welfare of mining communities and the major labour-sending areas; and
promote beneficiation of South Africa’s mineral commodities.

The Mining Charter, 2004 envisaged measuring progress on transformation of ownership by:
taking into account, amongst other things, attributable units of production controlled by HDSAs;
allowing flexibility by credits or offsets, so that, for example, where HDSA participation exceeds any set target in a particular operation, the excess may be offset against shortfalls in another operation;
taking into account previous empowerment deals in determining credits and offsets; and
considering special incentives to encourage the retention by HDSAs of newly acquired equity for a reasonable period.

Under the Mining Charter, 2004, the mining industry agreed to assist HDSA companies in securing finance to fund participation in an amount of ZAR 100 billion over the first five years of the Mining Charter, 2004 being in effect. Beyond the ZAR 100 billion commitment, HDSA participation was to be increased on a willing seller, willing buyer basis, at fair market value, where the mining companies are not at risk.

Mining Charter, 2010

Following a reviewof the progress made in the transformation of the mining industry against the Mining Charter, 2004 objectives, the DMRE amended the Mining Charter, 2004. The Amendment of the Broad-Based Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2010 (Mining Charter, 2010) was published on 20 September 2010. The Mining Charter, 2010 retained the requirement to achieve a 26 percent HDSA ownership of mining assets by the year 2014, initially introduced under the Mining Charter, 2004. It also introduced further amendments to the Mining Charter, 2004 which required mining companies to:
facilitate local beneficiation of mineral commodities;
procure a minimum of 40 percent of capital goods, 70 percent of services and 50 percent of consumer goods from HDSA suppliers (i.e. suppliers in which a minimum of 25 percent + one vote of share capital is owned by HDSAs) by 2014. The aforesaid procurement targets are, however, exclusive of non-discretionary procurement expenditure;
ensure that multinational suppliers of capital goods put a minimum of 0.5 percent of their annual income generated from South African mining companies into a social development fund (effective 2010) to contribute to the socio-economic development of South African communities;
achieve a minimum of 40 percent HDSA demographic representation by 2014 at executive management (board) level, senior management (EXCO) as well as positions requiring core and critical skills, middle management level and junior management level;
invest up to 5 percent of annual payroll in essential skills development activities; and
implement measures to improve the standards of housing and living conditions of mineworkers by converting or upgrading mineworkers’ hostels into family units, attaining an occupancy rate of one person per room and facilitating home ownership options for all mineworkers in consultation with organised labour, by 30 April 2014.

In addition, mining companies were required to monitor and evaluate their compliance with the Mining Charter, 2010 and submit annual compliance reports to the DMRE.

The South African government takes a “Scorecard” approach to the different facets of promoting the objectives of the Mining Charter, 2010, e.g. when considering applications for the conversion of existing old order rights into new order rights. The Scorecard sets out the requirements of the Mining Charter, 2010 in tabular form which allows the DMRE to “tick off” areas where a mining company is in compliance, such as: human resource development; employment equity; migrant labour; mine community and rural development; housing and living conditions; ownership and joint ventures; beneficiation; and reporting.

The Scorecard attached to the Mining Charter, 2010 made provision for a phased-in approach for compliance with the view of achieving the abovementioned targets over a 5-year period ended on 30 April 2014. For measurement purposes, the Scorecard allocated various weightings to the different elements of the Mining Charter, 2010.

Failure to comply with the provisions of the Mining Charter, 2010 amounted to a contravention of the MPRDA, which may have resulted in the cancellation or suspension of a mining company’s existing mining rights and prevented its South African operations comprised four deep-level minesfrom obtaining any new mining rights. To date, AngloGold Ashanti has not yet received its “Scorecard” from the South African government in order to assess its compliance with the requirements of the Mining Charter, 2010.

In March 2015, the MRE Minister announced that the DMRE and surface production facilities. They are:the Minerals Council South Africa (Minerals Council) had agreed to submit certain matters relating to the interpretation of the Mining Charter, 2010 including the qualification of certain historical BBBEE transactions (defined below) for meeting the HDSA ownership thresholds, to the courts in South Africa for determination and clarification. Papers were filed by the Minerals Council and the DMRE, but the matter was not heard in court and was subsequently postponed.

Separately, the law firm Malan Scholes launched an application challenging the constitutionality of the Mining Charter, 2004 and the Mining Charter, 2010 requesting that the Charters be set aside. This application was dismissed.

On 9 March 2016, AngloGold Ashanti received a notice from the DMRE stating that the company was not compliant with the 26 percent HDSA ownership requirement. The Vaal River operations - Kopanangnotice directed the company to remedy the non-compliance within 60 days. Failure to comply with the order could constitute an offence under the MPRDA and Moab Khotsong;negatively impact AGA’s “Scorecard” assessment. On 14 March 2016, AngloGold Ashanti timely responded to the non-compliance notice. The DMRE provided no further response and, consequentially, the notice has lapsed.

Mining Charter, 2017

On 15 June 2017, the MRE Minister gazetted the Broad-Based Black Socio-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2017 (Mining Charter, 2017), which came into effect on the same day. The West Wits operations - MponengMining Charter, 2017 sought to align the Mining Charter, 2010 with the Broad-Based Black Economic Empowerment Act, No. 53 of 2003, in order to ensure meaningful participation of black people in the mining industry and TauTona;to provide for policy and
Surface operations. regulatory certainty to ease the investment in and development of the mining industry. The Minerals Council launched an urgent application to interdict the implementation of the Mining Charter, 2017 and set it aside. The DMRE filed papers in court and the urgent application was due to be heard in court on 14 September 2017. Notwithstanding the aforesaid urgent application in court, the MRE Minister and the Minerals Council reached an agreement on 13 September 2017 wherein the MRE Minister undertook to suspend the Mining Charter, 2017 pending the outcome of the DMRE/Minerals Council application.

The DMRE/Minerals Council application was heard on 9 and 10 November 2017 and judgment was handed down on 4 April 2018. The High Court of South Africa region has undergone extensive restructuring to ensure its long term sustainability. Moab and Kopanang operations have been sold subsequent to year end and TauTona was placed on orderly closure during the year. Following the completion of the sale of various assets in the restructure of the group’s South Africa region, as of 1 March 2018, AngloGold Ashanti ceased to have underground operations in the Vaal River area.held that:

 
Gold production
(000oz)

 
Average number of  
employees  

Operations
South Africa   
  1.   Vaal River
   
Kopanang91
 3,879
Moab Khotsong294
 6,143
  2.   West Wits
   
Mponeng224
 5,962
TauTona91
 3,822
  3.   Surface operations (1)
192
 3,161
(1)
Includes MWS for purposesOnce the MRE Minister or his delegate is satisfied in terms of section 23(1)(h) of the MPRDA that the grant of a mining right (applied for in terms of section 22 of the MPRDA) will further the objects referred to in section 2(d) and (f) of the MPRDA (in accordance with the Charter referred to in section 100) and has granted the mining right applied for, the holder thereof is not thereafter legally obliged to restore the percentage ownership (howsoever measured, inter alia, wholly or partially by attributable units of this report. It is operated and managed as a separate cash-generating unit.

South Africa Key Statistics
 Unit 2017
 2016
 2015
Operation       
Tonnes treated/milledMt 38.9
 39.6
 36.8
  Pay limit (1) 
oz/t 0.43
 0.37
 0.39
 g/t 15.97
 13.81
 14.38
  Recovered grade (1) 
oz/t 0.202
 0.219
 0.225
 g/t 6.93
 7.51
 7.70
Gold production (2)
000oz 903
 967
 1,004
Cost of sales$m 1,114
 1,041
 1,083
  Total cash costs (3) 
$/oz 1,085
 896
 881
  All-in sustaining costs (3)(4) 
$/oz 1,245
 1,081
 1,088
Capital expenditure$m 150
 182
 206
Safety       
Number of fatalities  7
 6
 9
AIFRPer million hours worked 12.68
 12.02
 10.81
People       
Average no of employees: Total  26,245
 28,507
 28,325
Permanent employees  22,738
 25,205
 25,274
Contractors  3,507
 3,302
 3,051
(1)
RefersAfrican production) controlled by HDSAs to the 26 percent target referred to underground operations only.
(2)
Includes production ounces from the technology development programme.
(3)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results”.
(4)
Excludes stockpile impairments.

Performance in the South Africa Region in 2017

In June 2017,Mining Charter, 2004 and the company took a decision to restructure the South African assets, to focus on returning the South African business to profitability, while mitigating job losses. It was decidedMining Charter, 2010 , where such percentage falls below 26 percent, unless such obligation is specified in the latter halfterms and conditions of the year,mining right, as referred to place TauTona into orderly closure. In addition,in section 23(6) of the decision was madeMPRDA;
The holder of a mining right’s failure to sell Kopanang,meet the nearby West Gold Plant and related infrastructure as well as to dispose26 percent ownership target (either in terms of Moab Khotsong mine and related infrastructure. These transactions were subjectthe Mining Charter, 2004 or the Mining Charter, 2010) does not amount to a numbermaterial breach of the mining right for the purposes of section 47 of the MPRDA (i.e. failure to meet the 26 percent HDSA ownership target will not be a ground for suspension or cancellation of the mining right) nor does it constitute an offence in terms of section 98 of the MPRDA. This, however, does not apply where the terms and conditions precedent, all of which werethe right itself have stipulated that the 26 percent HDSA ownership must be retained;
If the 26 percent HDSA ownership participation has, for any reason, been diluted to a lesser percentage, there is no obligation to rectify such lower level once the holder of the mining right has initially achieved the 26 percent HDSA ownership participation requirement. This does not apply where the terms and conditions of the sales transactions were concluded effective 28 February 2018. As of 1 March 2018, AngloGold Ashanti ceased toright itself have underground mining operations instipulated that the Vaal River area.

Production and costs26 percent HDSA ownership must be retained;

The Mining Charter, 2010 does not retrospectively deprive holders of mining rights of the benefits of credit offsets; the continuing consequences of empowerment transactions concluded after the MPRDA came into effect; and the right to off-set credits achieved in one operation against any shortfalls encountered in another operation; and
While it did not make any pronouncements on the validity of the Mining Charter, 2010, this should not be taken as a confirmation that the Mining Charter, 2010 was validly issued in terms of section 100(2) of the MPRDA or that “it is the charter contemplated in section 100” of the MPRDA.

On 19 April 2018, the DMRE filed a notice of intention to appeal the High Court judgment. Such notice was granted on 19 September 2019 entitling the DMRE to file an appeal at the Supreme Court of Appeal. Notwithstanding the repeal of the Mining Charter, 2017 by the adoption of the Mining Charter, 2018 (defined below), the findings of the High Court judgment remain relevant to mining right holders and these findings will be the subject of the pending appeal before the Supreme Court of Appeal which has not yet been progressed.

Mining Charter, 2018

On 27 September 2018, the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter, 2018) was published and became effective on the same date. The Mining Charter, 2018 repeals the Mining Charter, 2004; the Mining Charter, 2010; and the Mining Charter, 2017. The Mining Charter, 2018 stipulates that it is to be read together with implementation guidelines, gazetted on 19 December 2018. On 26 March 2019, the Minerals Council filed an application for judicial review to set aside certain provisions of the Mining Charter, 2018. It is not clear when the matter will be heard in court.

Some of the key provisions of the Mining Charter, 2018 include:
Existing mining right holders who have achieved the 26 percent HDSA ownership target shall be recognized as compliant for the duration of the mining right. However, the “the once empowered always empowered” principle shall not be applicable on the transfer or renewal of the mining right.;
An application, which was lodged and accepted prior to the commencement of the Mining Charter, 2018 shall be processed in terms of the Mining Charter, 2010 with a minimum of 26 percent HDSA ownership. The right holder must within a period of five years from the effective date of such mining right, increase its HDSA ownership to a minimum of 30 percent;
A new mining right must have a minimum of 30 percent HDSA ownership, which shall include economic interest plus corresponding percentage of voting rights per mining right or in the mining company which holds a mining right. The 30 percent HDSA ownership must be distributed as follows:
a minimum of 5 percent non-transferable carried interest to qualifying employees;
a minimum of 5 percent non-transferable carried interest or “equity equivalent benefit” to host communities; and
a minimum of 20 percent effective ownership in the form of shares to a BEE entrepreneur, 5 percent of which must preferably be for women;
The Mining Charter, 2018 reduced the offset available for beneficiation from 11 percent to 5 percent, but on the basis that existing mining right holders, who qualified for the previous offset, would be allowed to retain it for the duration of the right. Right holders must submit a Beneficiation Equity Equivalent Plan (as outlined in implementation guidelines) to the DMRE for approval. Further, mining right holders must submit an annual progress report to the DMRE, which report must be in line with the approved Beneficiation Equity Equivalent Plan;
Mining companies must have Historically Disadvantaged Persons (as defined in the MPRDA) representation at various levels of the company, i.e. board 50 percent (20 percent women); executive management 50 percent (20 percent women); senior management 60 percent (25 percent women); middle management 60 percent (25 percent women); junior management 70 percent (30 percent women) and a minimum 1.5 percent of all employees must be employees with disabilities. A period of five years is provided for mining companies to align with the employment equity targets and a 5-year plan indicating progressive implementation of the provisions of the employment equity targets must be submitted to the DMRE within 6 months of the publication of the Mining Charter, 2018;
New procurement targets have been introduced. 70 percent of total mining goods procurement spend must be on South African manufactured goods. South African manufactured goods are defined as goods with a minimum of 60 percent local content during the assembly or manufacturing of the product in South Africa. The calculation of local content excludes profit mark-up, intangible value such as brand value and overheads. A minimum of 80 percent of the total spend on services must be sourced from South African companies. The transitional arrangement period for compliance with the procurement targets is five years from the publication of the Mining Charter, 2018; and
The Mining Charter, 2018 provides for the specific application of certain of the elements of the Mining Charter, 2018 to holders of licences under the Precious Metals Act, No. 37 of 2005 and the Diamonds Act, No. 56 of 1986 with variations and exemptions depending on the size of the licence holder. For example, enterprises with a turnover of less than ZAR 1 million are exempt from the Mining Charter, 2018 in its entirety. Enterprises with a turnover of more than ZAR 50 million must comply with the Mining Charter, 2018 in its entirety.

On 25 February 2019, AngloGold Ashanti received a directive from the DMRE stating that the company was not compliant with the amendment process required by the MPRDA in connection with BEE transactions entered into by the company after the conversion of the West Wits mining rights. The DMRE instructed AngloGold Ashanti to submit an application to amend the clauses of two of its West Wits mining rights which record the BEE transactions entered into and implemented by the company to reflect further details of those BEE transactions and provide certain information relating to such transactions. On 7 March 2019, AngloGold Ashanti

submitted an application for consent of the MRE Minister to amend the clauses of the two West Wits mining rights which record the BEE transactions entered into and implemented by the company accordingly and provided the requested information.  The DMRE has not reverted to AngloGold Ashanti on the submitted application which remains pending. Should AngloGold Ashanti be found in breach of its obligations to comply with the MPRDA or the applicable mining charter, it may be compelled to conclude additional BEE transactions. In the event that AngloGold Ashanti applies for a new mining right, it will have to comply with the Mining Charter, 2018 ownership requirements and it will not be entitled to rely on its current BEE ownership structure.

The Code of Good Practice for the Minerals Industry

Section 100(1)(b) of the MPRDA obliged the MRE Minister to develop a code of good practice for the South African minerals industry (Code) which was published on 29 April 2009. The Code is a guiding document and its purpose is to set out administrative principles to enhance implementation of the Mining Charter, 2004 (including later iterations thereof) and the MPRDA. The Code is to be read in combination with the Mining Charter, 2004 (including later iterations thereof) and other legislation relating to measurement of socio-economic transformation in the South African mining industry. The Code does not replace the Mining Charter, 2004 (including later iterations thereof), nor any key legislation and laws relating to the minerals and the petroleum industry, but serves as a statement of policy and principles that assists in the implementation of both the MPRDA and the Mining Charter, 2004 (including later iterations thereof).

The Housing and Living Conditions Standard

On 20 March 2019, the MRE Minister published the draft Reviewed Housing and Living Conditions Standard for the Minerals Industry, 2019 (Draft Reviewed Housing Standard) in the Government Gazette No. 42326 under GNR. 449 inviting interested and affected parties to submit written representations on the draft within 30 days of the publication of the notice. The Draft Reviewed Housing Standard proposes, among other things, that:
An existing mining right holder must within a period of 6 months from the date of publication of the Draft Reviewed Housing Standard submit a detailed Housing and Living Conditions Plan;
A new mining right holder must within a period of 12 months from the date of publication of the Draft Reviewed Housing Standard consult with organized labour, the relevant municipality and the Department of Human Settlements and enter into a housing and living conditions agreement with organized labour regarding its mine employee housing and living conditions needs;
A mining right holder will be required after consultation with other stakeholders to acquire land within close proximity of the mine operations produced 903,000oz,and plan housing needs in support of compact, integrated and mixed land use environment; and
A mining right holder must offer employees a seven percent decrease year-on-year as tonnes mined wererange of housing options which include, amongst other things, rental accommodation, home ownership, government led social housing and living out allowance.

Draft Mine Community Resettlement Guidelines

On 4 December 2019, the MRE Minister published the Draft Mine Community Resettlement Guidelines, 2019 (Draft Resettlement Guidelines) for public comment in the Government Gazette No. 42884 under GNR. 1566. The closing date for submission of written representations was 31 January 2020. Some of the key provisions of the Draft Guidelines include the following:
The Draft Resettlement Guidelines apply to both applicants (Applicants) and existing holders (Holders) of mining rights, prospecting rights and mining permits in terms of the MPRDA where prospecting or mining activities will have the effect of displacement or resettlement of the interested and affected parties (as defined in the Draft Resettlement Guidelines meaning any person, group of persons, or organization interested in or affected by a poor start up to the year at all operations. Underground yield dropped eight percent to 6.93g/t, a resultresettlement activity and any organ of lower feed grades as well as higher dilution year-on-year. This was mainly due to an increase in waste tonnes at Moab Khotsong, moving away from higher grade areas at Mponeng, and the reclamationstate that may have jurisdiction over any aspect of the tailing storage facilities atresettlement activity);
Applicants and Holders are required to make provision for development of a Resettlement Plan, Resettlement Action Plan and Resettlement Agreement; and
No mining activity shall commence until a Resettlement Agreement is reached on the West Wits Surface Sources.

The decision to stop the loss-making operations in the third quarter further impacted full-year production.

At West Wits, production was lower than in the previous year at 315,000oz, mainly due to the slow start-up to the year following safety-related stoppages late the previous year. Production at Mponeng decreased year-on-year, mainlyappropriate amount of compensation as a result of the planned miningresettlement of lower-grade areas, face-time constraintsthe affected parties. An Applicant/Holder, where feasible, must provide financial assistance to affected parties. A “Party to Party dispute resolution process” must be invoked prior to embarking on the Regional Manager-led process in section 54 of the MPRDA.

The BBBEE Amendment Act

On 23 January 2014, the President of South Africa assented to the Broad-Based Black Economic Empowerment Amendment Act, No. 46 of 2013 (BBBEE Amendment Act). The BBBEE Amendment Act came into effect on 24 October 2014 with mining occurring further away from shaft stations,the object of amending the Broad-Based Black Economic Empowerment, 2003 (BBBEE Act) to provide a framework of principles, strategies and guidelines aimed at promoting the broad-based socio-economic empowerment of HDSAs across the South African economy and society in the form of ownership, management, employment equity, skills development, preferential procurement, enterprise development and socio-economic development. The BBBEE Amendment Act includes a number of changes to the framework under the BBBEE Act, including:
amending and clarifying the definition of the intended beneficiaries of such framework;
amending the definition of “Broad-Based Black Economic Empowerment” or “BBBEE”, to introduce the concept of viable BBBEE and providing standards for that preferential procurement;

expanding the scope of the BBBEE Codes of Good Practice (BBBEE Codes), and the related transformation charters, on BBBEE matters that the Minister of Trade and Industry can issue under the BBBEE Act for specific sectors of the South African economy and making it compulsory for public authorities, governmental agencies and other public entities to apply such codes (Sector Codes);
introducing into the BBBEE Act the definition of “fronting BBBEE practices” (i.e. a transaction, arrangement or other act or conduct that directly or indirectly undermines or frustrates the achievement of the objectives of the BBBEE Act or the implementation of any of its provisions), which to date has been developed outside of the BBBEE Act and has now been expanded:
to capture more sophisticated and unsuspecting fronting transactions;
making fronting a criminal offense that is punishable with imprisonment and fines under certain circumstances, reasserting in the BBBEE Act the common law remedies for misrepresentation and more generally enhancing the enforcement mechanism against fronting;
establishing a BBBEE Commission responsible for overseeing, supervising and promoting compliance with the BBBEE Act, as well as three separate seismicity-induced fatal accidentsreceiving and investigating BBBEE-related complaints; and
providing that the Department of Trade and Industry (DTI) may impose special requirements for specific industries.

Before the BBBEE Amendment Act came into effect, the BBBEE Act provided that in the second halfevent of a conflict between the BBBEE Act and any other law in force immediately prior to the commencement of the year.BBBEE Act, the BBBEE Act would prevail if the conflict specifically relates to a matter addressed in the BBBEE Act. The mine’s performance improved towardsBBBEE Amendment Act inserted a new provision in the endBBBEE Act whereby the BBBEE Act trumps the provisions of any other law in South Africa with which it conflicts, provided such conflicting law was in force immediately prior to the effective date of the second quarter throughBBBEE Amendment Act. The provision became effective as from 24 October 2016.

On 27 October 2015, the Minister for Trade and Industry published Government Notice 1047 of Government Gazette No. 39350, which declared an exemption in favour of the DMRE from applying the requirements contained in section 10(1) of the BBBEE Act for a period of 12 months. The exemption can be read as confirmation that the DTI sees the BBBEE Codes as “applicable” to the third quarter, duemining industry after the exemption is lifted on 27 October 2016.

Additionally, the revised BBBEE Codes of Good Practice (Revised BEE Codes) became effective on 1 May 2015. Both the BBBEE Amendment Act and the Revised BEE Codes expressly stipulate that where an economic sector in South Africa has a Sector Code in place for BEE purposes, companies in that sector must comply with the Sector Code. For purposes of the BBBEE Act, none of the mining charters referred to improved efficiencies. Production highlights includedabove (i.e. Mining Charter, 2004; Mining Charter, 2010; Mining Charter, 2017 or Mining Charter, 2018) are Sector Codes. It is not, at this stage, clear what the interplay between the applicable mining charter and the BBBEE Act and Revised BEE Codes is. The government could designate the applicable mining charter as a four percent increaseSector Code in the mineable face lengthfuture, in which allowedcase it would be under the auspices of the BBBEE Act, but it has not chosen to do so with respect to the Mining Charter, 2010 in its Government Gazette notice of 17 February 2016 which designated, for more face-length flexibility. Duringexample, the year,tourism sector code and property sector code as applicable and valid Sector Codes. Until such determination is made, if at all, the average monthly face advance increasedapplicable mining charter remains a stand-alone document under the auspices of the MPRDA and may become subject to the trumping provision discussed above. The resulting legal uncertainty could be addressed by a clarification from less than 4.9mthe government or by the matter receiving judicial attention.

Historically, there has been some debate as to more than 5.0mwhether the BBBEE Act and the BBBEE Codes apply to the mining industry, taking into account that the BBBEE Act requires every organ of state and public entity to give due consideration to the BBBEE Codes when issuing licenses, concession or other authorisations.

While the MPRDA and the BBBEE Act have an overlapping focus, the BBBEE Act and the Revised BEE Codes do not require the DMRE to apply the Revised BEE Codes when determining the qualification criteria for the issuing of mining rights, nor do they require that the DMRE apply the Revised BEE Codes as a requirement for the retention of existing mining rights. The Revised BEE Codes will nevertheless apply to mining companies if they wish to be scored for the purpose of contracting with organs of state.

Land Expropriation

Constitutional Amendment Bill

On 27 February 2018, the National Assembly resolved to assign the Constitutional Review Committee (CRC) to review section 25 of the Constitution of the Republic of South Africa (Constitution) and other clauses where necessary to allow the state to expropriate land in June,the public interest without compensation. This resolution follows the African National Congress’s (ANC) resolution at its elective conference in December 2017 to pursue expropriation of land without compensation in a manner that does not destabilise the agricultural sector, endanger food security or undermine economic growth and job creation. In its report dated 15 November 2018, which was maintainedadopted by Parliament on 4 December 2018, the CRC recommended that section 25 of the Constitution be amended to make explicit that expropriation of land without compensation is a legitimate option for land reform. As a result, the draft Constitution Eighteenth Amendment Bill, 2019 (Constitutional Amendment Bill) was published for public comment on 6 December 2019. The Constitutional Amendment Bill proposes that where land and any improvements thereon are expropriated for the restpurposes of land reform, nil compensation may be payable. The Constitutional Amendment Bill does not specify the circumstances in which a court may determine that the amount of compensation is nil, but states that national legislation must set out such circumstances.


Draft Expropriation Bill

Separately, the Draft Expropriation Bill, 2019 (Expropriation Bill) was published for public comment on 21 December 2018. The Expropriation Bill proposed the inclusion of a provision in the Constitution to the effect that it may be just and equitable for nil compensation to be paid where land is expropriated in the public interest. The Expropriation Bill has not been progressed.

MPRDA provisions

Section 5(3) of the year. Mponeng’s yield improvedMPRDA entrenches a statutory right of access for the mining right holder to the mining area for the purposes of conducting mining operations and does not require the mining right holder to own the land on which it conducts operations. Once a mining right is granted, the landowner has no right to refuse the conducting of mining operations on the property in question and is not entitled to compensation from the last quartermining right holder for the use of the year, to an average of 8.54g/t. Unfortunately, safety-related work stoppages following the fatal accidentsland for mining operations conducted in late October and early November contributed to a disappointing decline in production in the last quarter.

At TauTona, severe production challenges, in addition to depleted Ore Reserves and limited mining flexibility, compounded operational inefficiencies and low productivity, and led to the decision to place the mine into orderly closure.

At the Vaal River operations, production improved by four percent year-on-year to 385,000oz. The main contribution was from Moab Khotsong where efficiencies improved and there were fewer safety-related disruptions, despite dilution and a lower mine call factor.

At Kopanang, production remained flat year-on-year, impacted by safety-related interruptions following the fall-off-ground fatal incidents in the fourth quarter. However, volumes mined improved and implementationterms of the cycle mining strategy showed early signsMPRDA. The DMRE may, in terms of success.

Surface Operations’ production was up three percent at 192,000ozsection 54(3) of the MPRDA, request the parties concerned to endeavour to reach an agreement for the year. At Mine Waste Solutions, production was 18 percent higher at 109,000oz compared withpayment of compensation for loss or damage if the same period in 2016, givenDMRE concludes that the improvement in feed grades from the Sulphur Paydam and East tailing storage facilities (TSF), coupled with improved recovery. The yield increase was as expected as the Sulphur Paydamlandowner has suffered or is normally associated with higher reef values. Production was also boosted by higher volumes of floor cleaning material reclaimed. Gold recovery efforts improved in the last quarter of the yearlikely to around seven percent, aided by reagent suite optimisation and improved carbon management. Operations at the flotation and uranium circuit remain suspended as investigations into improved water reticulation continue.

Production from hard rock dumps was lower owing to a drop in tonnage throughput, and lower recoveries due to the increased amount of clean-up material which is refractory in nature. The sticky nature of the material processed through the Surface Operations’ plants negatively impacted metallurgical efficiencies. Surface Operations’ production was also affected by the suspension of the Kopanang marginal ore dumps and reduced availability of the mill at the Kopanang gold plant.

All-in sustaining costs were 15 percent higher than 2016. Total cash costs for the region increased to $1,085/oz compared with 2016, due to lower production volumes, inflationary pressures and a 10 percent stronger rand on average against the US dollar.

Capital expenditure

Total capital expenditure for the region decreased 18 percent year-on-yearsuffer loss or damage as a result of cost curtailmentsthe mining operations. Section 55 of the MPRDA further provides the MRE Minister with powers to expropriate the land in question for purposes of mining.

Tax laws relating to mining

The Royalty Act

The Mineral and Petroleum Resources Royalty Act, No. 28 of 2008 (Royalty Act) was promulgated on 24 November 2008 and came into operation on 1 March 2010. The Royalty Act imposes a royalty on refined and unrefined minerals payable to the state.

The royalty in respect of refined minerals (which include gold and silver) is calculated by dividing earnings before interest and taxes (EBIT) as determined by the Royalty Act, by the product of 12.5 times gross revenue calculated as a percentage, plus an additional 0.5 percent. EBIT refers to taxable mining income (with certain exceptions such as no deduction for interest payable and foreign exchange losses) before assessed losses but after capital expenditure. A maximum royalty of 5 percent of gross revenue has been introduced for refined minerals.

The royalty in respect of unrefined minerals (which include uranium) is calculated by dividing EBIT by the product of nine times gross revenue calculated as a percentage, plus an additional 0.5 percent. A maximum royalty of 7 percent of gross revenue was introduced for unrefined minerals. Where unrefined minerals (such as uranium) constitute less than 10 percent in value of the total composite minerals, the royalty rate in respect of refined minerals may be used for all gross revenue and a separate calculation of EBIT for each class of minerals is not required. For AngloGold Ashanti, this means that currently the company will pay a royalty based on refined minerals (as the unrefined minerals (such as uranium) for AngloGold Ashanti for 2019 constituted less than 10 percent in value of the total composite minerals). The rate of royalty tax payable for 2019 was 0.5 percent of gross revenue of the company’s South African operations.

In 2013, the President appointed the Davis Tax Committee to review the current mining tax regime.  In the Second and Final Report on Hard Rock Mining released in November 2017, the Davis Tax Committee recommended an update and refinement of the schedules in the Royalty Act, suggesting it should form part of regulations made by the Minister of Finance in the Government Gazette rather than forming part of the legislation itself. The Davis Tax Committee called upon the South African Revenue Service (SARS) to issue a comprehensive interpretation notice on the Royalty Act to dispel industry uncertainty.

Some of the other preliminary recommendations of the Davis Tax Committee have included the upfront capital expenditure write-off regime being discontinued and replaced with an accelerated capital expenditure depreciation regime, which is in parity with the write-off periods provided for in respect of the manufacturing (40/20/20/20) basis. Another recommendation has been to bring the taxation of newly established gold mines into line with the suspensiontax regime applicable to non-gold mining taxpayers (in so far as possible). The Davis Tax Committee has recommended that the so called “gold formula” be retained for existing gold mines. Given the retention of the gold formula for existing gold mines, it will be necessary to retain ring-fences in mines where the gold formula subsists. With regard to the additional capital allowances available to gold mines, the Davis Tax Committee has recommended that such allowances should be phased out so as to bring the gold mining corporate income tax regime into parity with the tax system applicable to taxpayers as a whole.

Environmental laws relating to mining

National Environmental Management Act

The MPRDAA repealed the sections in the MPRDA that dealt with environmental regulation of mining and prospecting operations. This was the first step in migrating environmental regulation provisions from the MPRDA into National Environmental Management Act, No. 107 of 1998 (NEMA). NEMA was then amended by the National Environmental Management Amendment Act, No. 62 of2008 and then again by the National Environmental Management Laws Amendment Act, No. 25 of 2014, and now includes provisions to deal with environmental regulation of mining and prospecting which provisions are administered by the MRE Minister.


Pursuant to section 24N(8) of NEMA, directors of a company are jointly and severally liable for any negative impact on the environment, whether advertently or inadvertently caused by the company they represent, including damage, degradation and pollution.

See also “Item 4B: Business Overview-Mine Site Rehabilitation and Closure” and “Item 4B: Business Overview-Environmental, Health and Safety Matters”.

Financial Provision Regulations

On 20 November 2015, the Regulations Pertaining to the Financial Provision for Prospecting, Exploration, Mining or Production Operations were published in the Government Gazette No. 39425 under GNR. 1147 (Financial Provision Regulations, 2015), and now fall under NEMA. The Financial Provision Regulations, 2015 are similar to the previous provisions under the MPRDA. However, the mining industry believes some of the significant changes introduced by the Financial Provision Regulations, 2015 include:
broader definition of “financial provision” requires the holder to make financial provisions for any adverse impacts that might arise from mining operations and restructuringis not limited to those identified in the environmental management plan (EMP), as was previously the case;
requiring the holder to annually assess environmental liability estimates and adjust the financial provision to the satisfaction of the South Africa asset base,MRE Minister;
requiring the holder to submit an audit report from an independent auditor to the MRE Minister on the adequacy of the holder’s financial provision. If the MRE Minister is not satisfied with the assessment, he is entitled to appoint his own auditor;
requiring that a holder maintain and retain a financial provision following the issuance of a closure certificate. Furthermore, the MRE Minister may retain such portion of the financial provision as may be required to rehabilitate the closed mining or prospecting operation in respect of latent, residual or any other environmental impacts, including the pumping of polluted or excess water, for a prescribed period. This is not only in respect of holders of rights, but also now in respect of holders of old order rights and holders of works;
before the coming into effect of the Financial Provision Regulations, 2015, holders could make financial provision for annual rehabilitation, final rehabilitation and post-closure residual impacts and water pumping by adding up the total amount for these three types of rehabilitation and making financial provision for the same using one or a mix of four methods:
depositing cash in to the DMRE bank account;
keeping the amount in a rehabilitation trust in accordance with the Income Tax Act, No. 58 of 1962 (the amount in the trust can only relate to financial provision for post-closure residual impacts and water pumping and not for annual and final closure);
obtaining a financial guarantee or a bank guarantee in respect of the amount; or
using a method determined by the Director-General (uncommon in practice).
a holder’s financial provision at any given time must be equal to the sum of actual costs of implementing all three broad classes of rehabilitation for at least 10 years from such date of assessment of financial provision; and
the financial provision liability associated with annual rehabilitation, final closure and latent or residual environmental impacts may not be discounted based on value of the assets at mine closure or mine infrastructure salvage value.

Failure to align to the Financial Provision Regulations, 2015 constitutes non-compliance with section 24P of NEMA, which entitles the DMRE to issue a directive to remedy such non-compliance and failure to comply with the directive is an offence under section 49A(g) of NEMA. A person convicted of an offence under section 49A(g) of NEMA is liable to a fine not exceeding ZAR 10 million and/or to imprisonment for a period not exceeding 10 years.

The mining industry has raised concerns with the Financial Provision Regulations, 2015, in particular with respect to: confusion regarding the applicability of the Financial Provision Regulations, 2015 to applicants and to previous rights holders; duplicate funding or double provisioning; unclear methods and periods for determining financial provision; legal barriers to use of trust funds; burdensome public consultation and disclosure requirements; transitional provisions and time frames; requirements for an additional three plans; over-auditing, time and cost implications; and inclusion of care and maintenance.

On 21 September 2018, the Acting Minister of Environmental Affairs published a series of amendments to the Financial Provision Regulations, 2015 which included, among other things, the repeal of prior amendments and the delay in startingextension of the Mponeng Phase 2 life of mine extension project.deadline for compliance to 19 February 2020.

SafetyOn 17 January 2020, the Minister of Environment, Forestry and Fisheries published another amendment to the Financial Provision Regulations, 2015. This amendment extended the transitional period for certain existing rights and permit holders until 19 June 2021.

Regrettably, seven fatalities occurred in the South Africa region in 2017. Two fatalities occurred following fall-of-ground related incidents at Kopanang and one fatality at Moab in a tramming incident. Four seismicity-related fall-of-ground incidents occurred at Mponeng.Proposed Financial Provision Regulations

Ore Reserve

As at 31 December 2017, the total Ore Reserve forIn May 2019, the South African region was 23.5Moz (2016: 25.1Moz). This is equalProposed Regulations Pertaining to 47 percentthe Financial Provision for the Rehabilitation and Remediation of Environmental Damage caused by Reconnaissance, Prospecting, Exploration, Mining or Production Operations, 2019 (Proposed Financial Provision Regulations, 2019) were released for public comment.


The Proposed Financial Provision Regulations, 2019 provide that holders of prospecting rights and mining rights or permits, who applied for the right or permit prior to 20 November 2015, will be required to comply with the new regulations no later than three months following the first financial year end of the Group’s Ore Reserve. relevant holder subsequent to 19 February 2020. Some of the key features of the Proposed Financial Provision Regulations, 2019 and the concerns raised during the commenting process by mining companies are the following:
Regulation 7(3) provides that “funds set aside for financial provision must remain in place until a closure certificate is issued, unless a withdrawal as contemplated in regulation 11 is allowed”. Regulation 11 outlines the procedure for holders to follow when seeking to withdraw financial provision and provides that the MRE Minister must approve withdrawals with the concurrence of the Minister of Human Settlements, Water and Sanitation and the Minister of Finance. The withdrawal of financial provision can only occur after the stringent requirements stipulated in regulation 11 are met and are only allowed for decommissioning and final closure and not for ongoing or concurrent rehabilitation. Since the financial provision is not accessible to the holder for use during the life of the right, the holder has to effectively make double provision (the first being financial provision and the second being actual expenditure incurred for rehabilitation). The implications of regulation 7(3), read with regulation 11, may include a rise in the amount of financial guarantees provided in connection with mining operations;
Regulation 12(2) prescribes that the determination, review and assessment of financial provision must be undertaken by a specialist which must be audited by an independent auditor as provided for in regulation 13(1)(a) and submitted for approval to the MRE Minister. This requirement places a significant administrative and cost burden on the mining industry; and
Value-added tax (VAT) is included in the financial provision calculation. This inclusion is seen as onerous by the mining industry.

AngloGold Ashanti’s rights and permits

Under South African law, a mining right will be granted to a successful applicant for a period not exceeding 30 years. Thereafter, mining rights may be renewed for additional periods not exceeding 30 years at a time. A mining right can be cancelled if the mineral to which such mining right relates is not mined at the production rate undertaken by the mining right holder in the approved mining work programme. A prospecting right will be granted to a successful applicant for a period not exceeding five years and may only be renewed once for three years. In addition, a retention period of up to three years after prospecting could be allowed under certain circumstances, which may be renewed once for up to two years, subject to certain conditions. Refining licences are granted by the South African Diamond and Precious Metals Regulator for a period not exceeding 30 years and may be renewed for an unlimited number of further periods.

AngloGold Ashanti announced on 19 Octobercurrently holds three mining rights in South Africa. These mining rights relate to operations in the West Wits area and have been successfully converted, executed and registered as new order mining rights at the Mineral and Petroleum Titles Registration Office (MPTRO). Mining right GP 30/5/1/2/2/01 MR (DMRE reference) in respect of gold, silver, nickel and uranium covers an area of approximately 6,477 hectares and expires in 2036. Mining right GP 30/5/1/2/2/11 MR (DMRE reference) in respect of gold, silver, nickel and uranium covering an area of approximately 31 hectares expired in 2016 and the company is currently in the process of renewing this mining right following a timely submission of a renewal application. Mining right GP 30/5/1/2/2/248 MR (DMRE reference) in respect of sand covers an area of approximately 196 hectares and expires in 2022. AngloGold Ashanti currently does not hold any prospecting rights in South Africa.

AngloGold Ashanti also held a mining permit for the recovery of sand and clay in the West Wits area. Mining permit GP 30/5/1/2/2/174 MP (DMRE reference) in respect of sand and clay expired in 2017 that it was selling various assetsand the company is currently in the process of renewing this mining permit following a timely submission of a renewal application.

AngloGold Ashanti submitted an application in terms of section 102 of the MPRDA in March 2017 to consolidate the company’s three mining rights and its mining permit in South Africa into one single mining right (GP 30/5/1/2/2/01 MR) (Consolidation Application). The Consolidation Application requested the DMRE to suspend the renewal applications for mining right GP 30/5/1/2/2/11 MR and mining permit GP 30/5/1/2/2/174 MP in order to process the Consolidation Application. The DMRE acknowledged the Consolidation Application in July 2018 and is currently considering the Consolidation Application.

In addition, AngloGold Ashanti holds a refining licence (AP06789) relating to the Vaal River region of its South African operations. As at 31 December 2017, the sales processes were still underway and therefore do not affect the stated Ore Reserve for 2017. However, with the conclusion of the sales at the end of February 2018, the following reductionsarea expiring in the Ore Reserve will take place:

Kopanang: Ore Reserve 0.36Moz, Moab Khotsong: Ore Reserve 4.87Moz, Surface Operations: Ore Reserve 0.87Moz.

Growth and improvement

Mponeng Phases 1 and 2 Project
Mponeng’s mine life extension is initially being executed through the Below 120 Level, Phase 1 project. Phase 1 aims to access deeper, higher-grade ore with the development of a decline access below the current secondary shaft. Phase 2, the next stage of the mine life extension, currently under evaluation, involves deepening the secondary shaft to further extend the life of mine.

Completion and full commissioning of Phase 1 is expected in the second quarter of 2018. An additional ventilation hole is being created from decline 3 to 116 level to create more ventilation capacity, along with an ore pass down to 126 level to ease ore handling logistics on 123 level. Completion of the water management infrastructure on 127 level was delayed during the last quarter of the year following flooding of the emergency pump station and pump station panels. The emergency pump station is still under construction at the bottom of the decline system, with full commissioning expected in the second half of 2018. Construction and commissioning of the ore handling infrastructure to 126 level is expected to be completed by the end of the first half of 2018. The ramp-up to steady state of ore reserve development is continuing. The revised geological resource model associated with the Ventersdorp Contact Reef is currently under review.

The Phase 2 feasibility study for the Mponeng life of mine project has resumed, having been interrupted at the end of May 2017 to allow the geotechnical study to be completed to determine the most appropriate location of the infrastructure relative to tolerable levels of rock stress. The feasibility study is now expected to be completed during 2018.2039.


CONTINENTAL AFRICA
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Democratic Republic of the Congo (DRC)

General laws relating to mining

The mining industry in the DRC is primarily regulated by law No. 007/2002 dated 11 July 2002 (2002 DRC Code) as amended by law No. 18/001 dated 29 January 2018 (Reformed DRC Mining Code) and decree No. 038/2003 dated 26 March 2003 as amended by decree No. 18/024 dated 8 June 2018 (Reformed DRC Mining Regulations).

As regards the application of the Reformed DRC Mining Code and Reformed DRC Mining Regulations, Kibali Goldmines SA (Kibali) has reserved and continues reserving its rights, including, without limitation, its stability rights under, among other legal sources,

the 2002 DRC Code. Discussions with the DRC government on these issues and the possible application of incentives that may be available under the Reformed DRC Mining Code and Reformed DRC Mining Regulations are ongoing.

In accordance with prior mining legislation, companies holding mining titles issued prior to the entry into force of the Reformed DRC Mining Code and Reformed DRC Mining Regulations have claims to a 10-year stability provision. Notwithstanding the adoption of the new regulatory regime, their rights with respect to such stability provision are reserved.

The Reformed DRC Mining Code grants the DRC Minister of Mines the authority to grant, refuse, suspend and terminate mineral rights, subject to conditions set out in the Reformed DRC Mining Code. Mineral rights may be granted in the form of exploration permits for an initial period of five years or in the form of mining permits which are granted for an initial period of 25 years. An exploration permit may, at any time before expiry, be transformed partially into a mining permit or a small-scale mining permit. Mining permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental impact study and an environmental management plan.

The holder of a mining permit is required to commence development and mine construction within three years of the award of such permit. Failure to do so may lead to forfeiture of the mining permit. A permit holder must comply with specific rules relating to, amongst other things, protection of the environment, cultural heritage, health and safety, construction and infrastructure planning. Mining and exploration activities are required to be undertaken so as to affect as little as possible the interests of lawful occupants of land and surface rights holders, including their customary rights. The exercise of mineral rights by title holders which effectively deprives or interferes with the rights of occupants and surface rights holders requires payment of fair compensation by the mineral title holder.

To protect and enforce rights acquired under an exploration or mining permit, the Reformed DRC Mining Code provides, depending on the nature of a dispute or threat, administrative, judicial and national or international arbitral recourses.

Tax laws relating to mining

The Reformed DRC Mining Code sets out an exclusive and exhaustive tax and customs regime applicable to mining activities. Mining title holders are subject, amongst other things, to a corporate income tax of 30 percent, a windfall tax of 50 percent and are required to pay mining royalties to the DRC government. The royalty rate applicable to gold has been set at 3.5 percent. Mining title holders are also required to contribute a minimum of 0.3 percent of total turnover to community development. The standard rate of VAT is 16 percent and is applicable to all mining companies.

Mining companies are required to grant a free-carried and non-contributory participation to the DRC government. The DRC government’s free participation was previously set at 5 percent but was increased to 10 percent in respect to mining titles issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional 5 percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a 10 percent local contributory participation is also mandatory for mining titles issued after its entry into force.

Regarding exchange control rules, the Reformed DRC Mining Code requires that mining title holders repatriate onshore 60 percent of sale revenues during the investment amortization period and 100 percent once the investment amortization is completed.

The Reformed DRC Mining Code also provides for a level of fiscal stability. A stability clause stipulates that existing tax, customs and exchange control provisions applicable to mining activities are guaranteed to remain unchanged for a period of five years from the enactment of the Reformed DRC Mining Code.

Article 220 of the Reformed DRC Mining Code provides that the Prime Minister of the DRC may grant a number of incentives to provinces suffering from infrastructures deficits to encourage economic development from mining resources. Discussions are currently ongoing with the DRC government with respect to incentives that could be available under article 220 of the Reformed DRC Mining Code.

On 18 July 2012, the Convention between the government of the Republic of South Africa and the government of the DRC for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Convention) came into effect. The Convention is applicable to (i) withholding taxes on amounts paid or credited on or after 1 January 2013; and (ii) other income taxes, levied in respect of taxable periods beginning on or after 1 January 2013. The Convention reduces the withholding tax on dividends paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 5 percent and on interest paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 10 percent. A South African company must own at least 25 percent of a relevant DRC entity’s outstanding shares in order to take advantage of the reduced rates.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti holds a significant stake in the Kibali gold mine which is located in the north-eastern part of the DRC. The gold mine is owned by Kibali Goldmines SA (Kibali) which is a joint venture between Barrick (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto SA (SOKIMO) (10 percent) which represents the interest of the DRC government. The gold mine is operated by Barrick.


Kibali comprises 10 permits, of which seven expire in 2029 and three in 2030. The Kibali gold project covers an area of approximately 1,836 km2 in the Moto goldfields.

Ghana

General laws relating to mining

Control of minerals and mining companies

The Constitution of Ghana as well as the Minerals and Mining Act, 2006 (Act 703) (GMM Act) provide that all minerals in Ghana in their natural state are the property of the State and title to them is vested in the President on behalf of and in trust for the people of Ghana, with rights of reconnaissance, prospecting, recovery and associated land usage being granted under licence or lease.

The grant of a mining lease by the Ghana Minister of Lands and Natural Resources (LNR Minister) upon the advice of the Minerals Commission is subject to parliamentary ratification unless the mining lease falls into a class of transactions exempted by the Ghanaian Parliament.

The LNR Minister has the power to object to a person becoming or remaining a controller of a company which has been granted a mining lease if the LNR Minister believes, on reasonable grounds, that the public interest would be prejudiced by the person concerned becoming or remaining such a controller.

In 2019, Parliament passed the State Interests and Governance Authority Act, 2019 (Act 990) establishing the State Interests and Governance Authority (SIGA). The functions of SIGA include the oversight and administration of the State’s interests in state-owned enterprises, joint venture companies and other entities in which the State has an interest. This applies to mining companies on account of the Government’s mandatory free-carried equity interest in mining companies as provided for under the GMM Act. However, the Government of Ghana does not have a free-carried interest in any of AngloGold Ashanti’s mines in Ghana.

Stability and development agreements

The GMM Act provides for stability agreements as a mechanism to guarantee certain terms and conditions, mainly fiscal, to which a company’s operations are subject for a period of 15 years. Stability agreements are subject to ratification by Parliament. A development agreement, as provided for by the GMM Act, may be made available to a mineral right holder with a proposed investment exceeding USD 500 million. The GMM Act also provides that the terms of a development agreement may contain stability terms as provided for in stability agreements. A development agreement is subject to parliamentary ratification.

In January 2020, the Minerals Commission proposed certain amendments to the GMM Act, including, among other measures, the abolishment of development agreements and the shortening of stability agreements from a period not exceeding 15 years to a period of five years (with a possible extension of another five years). The Minerals Commission is currently engaging with stakeholders on these proposed amendments. Following this engagement, the Minerals Commission may present the proposed amendments to the LNR Minister who can then decide to submit a draft bill to Parliament. If such bill were to be adopted by Parliament, it would not apply retroactively. As a result, the proposed amendments will not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below).

Ghana Stability Agreement

On 18 February 2004, AngloGold Limited and the Government of Ghana agreed on the terms of a stability agreement (Ghana Stability Agreement) to govern certain aspects of the fiscal and regulatory framework under which AngloGold Ashanti would operate in Ghana following the implementation of the business combination between AngloGold Limited and Ashanti Goldfields Company Limited. The Ghana Stability Agreement necessitated the amendment of the Obuasi mining lease which had been ratified by Parliament.

Under the Ghana Stability Agreement, the Government of Ghana agreed:
to extend the term of the mining lease relating to the Obuasi mine until 2054 on terms existing prior to the business combination;
to maintain, for a period of 15 years, the royalties payable by AngloGold Ashanti with respect to its mining operations in Ghana at a rate of 3 percent per annum of the total revenue from minerals obtained by AngloGold Ashanti from such mining operations;
to ensure the income tax rate would be 30 percent for a period of 15 years. The agreement was amended in December 2006 to make the tax rate equal to the prevailing corporate rate for listed companies if the rate was less than 30 percent; and
to permit AngloGold Ashanti and any or all of its subsidiaries in Ghana to retain up to 80 percent of export proceeds in foreign currencies offshore, or if such foreign currency is held in Ghana, to guarantee the availability of such foreign currency.

The Ghana Stability Agreement also stipulates that a sale of AngloGold Ashanti’s or any of its subsidiaries’ assets located in Ghana remains subject to the Government’s approval. Furthermore, the Government retains its special rights (Golden Share) under the provisions of the GMM Act pertaining to the control of a mining company, in respect of its assets and operations in Ghana.


The Government of Ghana further agreed that AngloGold Ashanti’s Ghanaian operations will not be adversely affected by any new enactments or orders, or by changes to the level of payments of any customs or other duties relating to mining operations, taxes, fees and other fiscal imports or laws relating to exchange control, transfer of capital and dividend remittance until April 2019, which is 15 years after the completion of the business combination.

In relation to the Obuasi mine, AngloGold Ashanti (Ghana) Limited (AGA Ghana) negotiated a new development agreement and a new tax concession agreement with the Government. These regulatory and fiscal agreements, which govern the redevelopment of the Obuasi mine, have received parliamentary approval in June 2018. As a result of the ratification of these agreements, the Ghana Stability Agreement ceased to apply to the Obuasi mine.

Notwithstanding the aforementioned, the Ghana Stability Agreement still applied to the Iduapriem mine until it expired in April 2019. Since this expiration AngloGold Ashanti (Iduapriem) Limited (AGA Iduapriem) does not benefit from any peculiar tax concessions or other protections resulting from the Ghana Stability Agreement anymore. Relevant engagements are currently ongoing between AGA Iduapriem with the Minerals Commission to obtain a new stability agreement and tax concession agreement for the Iduapriem mine.

Obuasi Development Agreement

On 21 June 2018, Parliament ratified the Development Agreement in relation to the Obuasi mine (Obuasi DA) which contains stability terms as provided for in stability agreements.

The Obuasi DA confers the following rights and obligations on AGA Ghana with respect to the Obuasi mine:
Stabilization of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of 10 years with a potential of it being extended for five years;
Confirmation of accounting currency to be US dollars;
Right to hold up to 80 percent of proceeds received from exporting minerals in foreign currencies outside of Ghana in accordance with existing arrangements;
Obligation to set up a “Community Trust Fund” for Obuasi funded at $2 per ounce produced;
Obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians, entities incorporated or formed in Ghana and entities owned and controlled by Ghanaians;
Obligation to give preference to Ghanaian skills where they are available;
Obligation to employ high standards of safety; and
Right to peaceful enjoyment and protection against expropriation.

Obuasi Tax Concession Agreement

The fiscal terms which will ordinarily form part of a single stabilisation document were separated from the Obuasi DA. Hence a separate tax concession agreement in relation to the Obuasi mine (Obuasi TCA) was signed with the Government. On 21 June 2018, Parliament ratified the Obuasi TCA.

The key terms of the Obuasi TCA are as follows:
Corporate Income Tax to be 32.5 percent or such lower rates as may be fixed by law (current statutory rate is 35 percent);
Unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020;
Existing tax losses and new tax losses as well as a special concession to carry forward capital allowances to be converted into tax losses as at the end of 2020, will apply to AGA Ghana (whoever is the owner of AGA Ghana and whether or not AGA Ghana was to enter into a joint venture in respect of the Obuasi mine);
Exemptions of certain items from Import Duty;
Exemption of the following transactions from Capital Gains Tax:
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;
transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 35 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Non-application of section 62(1) of the Income Tax Act, 2015 (Act 896) in relation to change in underlying ownership under the following circumstances:
a joint venture in relation to Obuasi gold mine;
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;

transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 50 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Sliding scale royalty rate ranging from 3 percent to 5 percent for a price ranging from $1,300 up to $2,000 and above per ounce instead of the current flat rate of 5 percent;
Exemption from the payment of VAT on items imported under the Import Duty List up to 31 December 2023; and
Entitlement to a refund of VAT credit at the pre-production stage notwithstanding that AGA Ghana will not meet certain conditions for qualifying for refunds.

Corporate regulation

Parliament passed the new Companies Act, 2019 (Act 992) which repeals the Companies Act, 1963 (Act 179). Act 992 introduced amendments to the regulation of companies in Ghana and establishes the Office of the Registrar of Companies. As a general matter, Act 992 maintained the provisions of Act 179. It, however, introduces stricter requirements for persons who are to be appointed as directors of a company as well as for company secretaries. Companies are also required to appoint new external auditors every six years.

A company is also not required to have bylaws or “regulations” as was the case under Act 179. Instead, a company may opt to have a registered constitution. Nevertheless, it is expected that the current regulations for AGA Ghana and AGA Iduapriem will be redrafted and filed at the Companies Registry. Further, a company is not required to have specific objects as prescribed previously. The implication of this is that a company can carry out any type of business unless otherwise specifically stated in the company’s constitution.

Government’s Golden Share

Section 60(1) of the GMM Act provides that the Government of Ghana can require a mining company to issue for no consideration to the Republic of Ghana a special share (Golden Share) by notice in writing to such mining company. The Government of Ghana exercised this right in respect of AGA Ghana and as a result was issued with a Golden Share in AGA Ghana. Under the Ghana Stability Agreement, this Golden Share was to apply solely to AGA Ghana’s assets and operations in Ghana. Following the expiration of the Ghana Stability Agreement in April 2019, the Government of Ghana reconfirmed and agreed in the Obuasi DA that the Government’s rights with respect to its Golden Share apply only in respect of AGA Ghana’s assets and operations in Ghana.

The Golden Share may only be held by or transferred to a Minister of the Government or any person acting on behalf of such Government and authorised in writing by such Minister.

The following matters require, and will not be effective without, the written consent of the holder of the Golden Share:
any amendment to or removal of the relevant provisions of the AGA Ghana Regulations setting out the rights and restrictions attaching to the Golden Share;
the voluntary winding-up or voluntary liquidation of AGA Ghana;
the redemption of or purchase by AGA Ghana of the Golden Share;
the disposal of any mining lease held by AGA Ghana or any subsidiary of AGA Ghana; and
any disposal by AGA Ghana (other than any disposal in the ordinary course of business of AGA Ghana) which, alone or when aggregated with any disposal or disposals forming part of, or connected with, the same or a connected transaction, constitutes a disposal of the whole or a material part of the assets of the AGA Ghana group taken as a whole. For this purpose, a part of the AGA Ghana group’s assets will be considered material if either (a) its book value (calculated by reference to the then latest audited consolidated accounts), or the total consideration to be received on its disposal, is not less than 25 percent of the book value of the net assets of the AGA Ghana group or (b) the average profits attributable to it represent at least 25 percent of the average profits of the AGA Ghana group for the last three years for which audited accounts are available (before deducting all charges, except taxation and extraordinary items).

Upon a return of assets in a winding-up or liquidation of AGA Ghana, the holder of the Golden Share is entitled to the sum of GHS 0.10 cedis in priority to any payment to other members, but the Golden Share confers no further right to participate in the profits or assets of AGA Ghana. The Golden Share carries no right to any dividend or any right to participate in any offer of securities to existing shareholders or in any capitalisation issue.

The holder of the Golden Share may require AGA Ghana to redeem the Golden Share at any time in consideration of the payment to such holder of GHS 0.10 cedis.






Tax laws relating to mining

Fiscal regime

Currently, the main tax laws in Ghana include the following acts and regulations:
Income Tax Act, 2015 (Act 896) (as amended) and Income Tax Regulations, 2016 (L.I. 2244);
Customs Act, 2015 (Act 891) (as amended) and Customs Regulations, 2016 (L.I. 2248);
Value Added Tax, 2013 (Act 870) (as amended) and Value Added Tax Regulations, 2016 (L.I. 2243); and
Revenue Administration Act, 2016 (Act 915).

In 2012, the tax laws of Ghana were amended. Changes to the tax laws included:
An increase in the income tax rate applicable to mining businesses from 25 percent to 35 percent. The Obuasi TCA limits the corporate income tax rate for AGA Ghana to 32.5 percent and AGA Iduapriem was protected until April 2019 from any increase exceeding the rate provided for under the Ghana Stability Agreement. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem currently pays an income tax rate of 35 percent;
Introduction of a new capital allowance regime for class 3 assets (which include mineral and petroleum exploration and production rights, buildings, structures and works of a permanent nature used in mineral and petroleum exploration and production and plant and machinery used in mining and petroleum operations) that provides for a 20 percent straight line rate for a period of five years. AGA Ghana is protected under the Obuasi TCA and AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement;
Elimination of the 5 percent allowance on prior year additions. Prior to the 2012 amendment, the tax code granted an additional 5 percent of the value of assets acquired and qualified to be classified as class 3 assets for the purpose of granting capital allowances. Capital allowance is now 20 percent each year on the total value of the assets. The Obuasi TCA provides that unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020. From 1 January 2021, any such unutilized capital allowances shall be 20 percent each year on the total value of assets. AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement; and
A ring fencing rule to prevent mining businesses from deducting or setting off costs from one mining area with another’s income. This ring fencing rule applies to AGA Ghana under the Obuasi TCA. Pursuant to the Ghana Stability Agreement, this change did not affect AGA Iduapriem until April 2019.

Between 2018 and 2019, the following changes have been made to the fiscal regime of Ghana:
The Minerals Income Investment Fund Bill has been passed by Parliament to establish a Fund to receive mineral royalties and related income as well as establish a special purpose vehicle to vest the Ghanaian Government’s carried interest in mining companies. It will also provide for the disbursement and management of the royalties received from mineral rights holders by Ghana’s Government. This would not impose any additional burden on mining companies such as AngloGold Ashanti but would only change the legal personality holding the Ghanaian Government’s carried interest; and
The Income Tax (Amendment) Act, 2019 (Act 1007) was passed to revise the rates of tax for the chargeable income for resident individuals, and to provide for a tax holiday for automobile manufacturers and assemblers.

VAT

In 2018, the Value Added Tax (Amendment) Act, 2018 (Act 970) revised the VAT rate on taxable supplies to 12.5 percent. The National Health Insurance (Amendment) Act, 2018 (Act 971) decoupled the National Health Insurance Levy of 2.5 percent from the VAT and as a result is no longer included in the VAT. Act 971 converted the NHI Levy into a straight levy which is not subject to the input and output method of accounting for VAT. Same was done for the Ghana Education Trust Fund portion of the VAT under the Ghana Education Trust Fund (Amendment) Act, 2018 (Act 972). The implication is an increase in the total tax liability payable by the consumer. However, by virtue of the Obuasi DA and Obuasi TCA, AGA Ghana will not be affected by these revised rates. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem is subject to these revised rates.

Income taxes

In November 2015, Parliament passed the Income Tax Act, 2015 (Act 896) (ITA) which repealed the Internal Revenue Act, 2000, (Act 592), as amended. The ITA became effective from 1 January 2016 for the 2016 year of assessment. The ITA ring fences and taxes income derived from mining operations at the rate of 35 percent. For the purpose of ascertaining the income of a person for taxation, each separate mineral operation is treated as independent business and taxed accordingly. The Obuasi TCA for AGA Ghana provides for a stabilised income tax rate of 32.5 percent. Pursuant to the Ghana Stability Agreement, the ITA did not apply to AGA Iduapriem until April 2019. Following its expiration, AGA Iduapriem currently pays income tax at the rate of 35 percent.

The ITA provides for the carrying forward of losses for up to five years and those losses carried forward can only be used in the order in which they were generated or incurred. The ITA further prohibits the deferment of capital allowances calculated or granted for a particular year.


The ITA imposes a withholding tax on dividends paid by a person conducting mineral operations in Ghana at 8 percent. This is regardless of the amount of shareholding a shareholder or shareholders may have in the entity paying the dividend. However, a person holding or controlling directly or indirectly at least 25 percent of the voting power of the company paying the dividend may be allowed some tax exemptions. The ITA also introduces some variation in the rates of withholding taxes. For example, payments for the supply of services (Payments with a Source in Ghana to Persons Other Than Individuals) has been increased from 5 percent to 15 percent; the withholding tax on resident Directors’ remuneration has been increased from 10 percent to 20 percent; and withholding taxes on natural resource payments and royalties have been increased from 10 percent to 15 percent. This may have an indirect impact on AngloGold Ashanti’s operations as this rate will have a material impact on the margins of suppliers and possibly their working capital. Suppliers may therefore seek to pass this on to AngloGold Ashanti by increasing their fees and charges.

The ITA also abolishes the flat 15 percent rate of tax on capital gains. Capital gains are now included in business or investment income and taxed at the applicable income tax rate which, for persons engaged in mineral operations, is 35 percent.

Various amendments were made to the ITA over the years. For example, the Income Tax (Amendment) Act, 2017 (Act 941) provides for the exemption from tax of the gains from the realisation of securities listed on the Ghana Stock Exchange and the Tax Amnesty Act, 2017 (Act 955) granted amnesty to persons who failed to register with the Commissioner-General or file their tax returns or pay taxes as required by enactments administered by the Commissioner-General.

Ground rent (mineral concession rent)

The Fees and Charges (Amendment) Instrument, 2015 (L.I. 2208) was passed by Parliament on 23 December 2015 and fixed, among other things, the payment of ground rent by mining companies at GHS 15 cedis per acre per annum.

AGA Ghana is paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Ghana leases. The Obuasi DA protects AGA Ghana from any increase in ground rent for the duration of that development agreement. AGA Iduapriem is also paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Iduapriem leases.

Customs Common External Tariff

Following the passage of the Customs (Amendment) Act, 2015 (Act 905) by the Ghana Revenue Authority, the ECOWAS Regional Common External Tariff (CET) came into effect on 1 February 2016 meaning that the Member States of the Economic Community of West African States (ECOWAS) will apply the same customs tariffs to third countries. The CET is one of the instruments utilised to harmonize regulation in ECOWAS Member States and strengthen its common market.

Royalties

Under the Minerals and Mining (Amendment) Act, 2015 (Act 900), the Minister will prescribe the royalty rate payable and the manner of payment by passing a Legislative Instrument or other subsidiary legislation. The current royalty rate amounts to 5 percent.

The company is required to pay ground rent to the Government of Ghana (as described above) as well as such other fees as are prescribed by legislation, including royalties on timber felled within the lease area.

Environmental laws relating to mining

In general, environmental laws and regulations in Ghana derive from the Constitution which imposes a duty on both the State and others to take appropriate measures to protect and safeguard the natural environment. Mining companies are required, under the GMM Act, Environmental Assessment Regulations, 1999 (L.I. 1652) and Water Use Regulations, 2001 (L.I. 1692), to obtain all necessary approvals from the Environmental Protection Agency (Ghana EPA), a regulatory body established under the Environmental Protection Agency Act, 1994 (Act 490), and, in appropriate cases, the Water Resources Commission and/or the Ghanaian Minerals Commission before undertaking mining operations. The Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182) also impose further obligations to obtain the necessary permits from the Inspectorate Division of the Ghana Minerals Commission for the operation of mines. The GMM Act also requires that mining operations in Ghana comply with all laws for the protection of the environment. Compliance with the relevant laws are enforced by a regime of sanctions including imposition of fines and in some cases a term of imprisonment.

As part of the Ghanaian environmental laws and regulations, mining operations are required to undergo an environmental impact assessment process that culminates in the issuance of an environmental permit prior to commencing operations. Environmental Management Plans are to be submitted to the Ghana EPA within 18 months after issuance of the environmental permit and then every three years thereafter. The plan must include details of the likely impacts of mining operations on the environment and local communities, as well as a comprehensive plan and timetable for actions to mitigate and remediate any adverse effects of the mining operations. Approval of the management plan results in the issuance of an environmental certificate.

In June 2014, the Ghana EPA and the Minerals Commission circulated draft Mining and Environmental Guidelines to all mining companies for comment. The guidelines concern environmental management, reclamation, closure requirements and the proposed

Mining Community Development Scheme and have not yet become effective. The Mining Community Development Scheme, which directly sponsors socio-economic development in communities in which mining operations take place or which are affected by mining activities, has since been established pursuant to the Minerals Development Fund Act, 2016 (Act 912).

Illegal and unsustainable mining practices

The Multilateral Mining Integrated Project (MMIP) is a 5-year project launched by the Government of Ghana in 2017 to address illegal and unsustainable mining practices in Ghana. The MMIP “combines a Legislation, Enforcement, Civil, Integrated and Technological Approach (LECITA) as a sustainable and structured yet regimented conjoint concept” to combat illegal mining. The MMIP involves (i) reviewing and enforcing the legal and regulatory regime of the small scale mining sector, (ii) reclaiming and rehabilitating degraded lands, (iii) dredging silted estuaries and waterways, (iv) implementing social interventions to facilitate livelihood creation in mining communities, (v) adapting technology to increase mining efficiency, processing, environmental protection and monitoring activities, and (vi) building the capacity of artisanal and small-scale miners and regulatory institutions.

In addition, other initiatives have been undertaken to combat illegal mining. For example, the Minerals and Mining (Amendment) Act, 2015 (Act 900) makes provision for the confiscation of the equipment of illegal miners and, as a result of recent illegal mining activities, the GMM Act was amended to increase penalties for illegal mining and expressly criminalize the aiding and abetting of illegal mining activities. The prescribed minimum sentence for illegal mining is now 15 years and maximum of 25 years for foreigners who engage in illegal mining.

Foreign exchange, export and other rules

Retention of foreign earnings

AngloGold Ashanti’s operations in Ghana are permitted to retain 80 percent of their foreign exchange earnings in an offshore foreign exchange account. In addition, the company has permission from the Bank of Ghana to retain and use US dollars, outside of Ghana, to fulfil payment obligations to the company’s hedge counterparties which cannot be met from the cash resources of its treasury company.

On 4 February 2014, the Bank of Ghana issued new directives as part of measures to streamline the collection and repatriation of export proceeds to Ghana. These directives included an instruction to all banks and authorised dealers to, within 5 working days of receipt of export proceeds, convert the proceeds into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 percentage in points (pips). Exporters with retention accounts were to continue to operate these accounts in accordance with their retention agreements. Retention proceeds which were sold to the banks were to be converted into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 pips. It further advised that offshore foreign exchange transactions by resident companies, including exporters, were strictly prohibited and exporters were to ensure that all export proceeds are repatriated in full. Failure to comply with the provisions attracts penalties including pecuniary sanctions, jail terms, suspension and revocation of the operating licence as applicable.

Following engagement with relevant stakeholders, the Bank of Ghana issued another notice clarifying that the transfer of foreign exchange to meet external payment obligations remains permissible for transactions such as:
redemptions and coupon payments on bonds held by non-residents;
investment income, technology and management transfer entitlements, expatriate emoluments, and other incentive packages and overseas commitments under provisions in various legislation and legislative instruments such as the GMM Act, and the Technology Transfer Regulations, 1992 (L.I.1547); and
other outward payments for imports of goods and services.

The notice also stated that all balances in Foreign Currency Accounts (FCAs) and Foreign Exchange Accounts (FEAs) will continue to be held in foreign currency and will not be converted into Ghana cedis. External transfers of up to $10,000 per annum without documentation from FEA and FCA are still permitted. Balances held in FEAs and FCAs continue to remain available for all legitimate external transactions.

The Bank of Ghana on 9 August 2014 further revised the rules on foreign exchange operations, effectively reversing the initial directives controlling transactions in foreign exchange. The key details are as follows:
Exporters shall continue to repatriate in full export proceeds in accordance with the terms agreed between the trading parties. Such proceeds shall be credited to their FEAs and converted on a need basis;
FEAs and FCAs will continue to be opened and operated as they were before the notices of 4 February 2014;
Except for transfers from FEA to FCA which are still prohibited, all other transfers between accounts are permitted;
FCAs shall be fed only with unrequited transfers such as transfers from abroad for investment or embassy transfers;
FEAs shall be fed with foreign exchange generated from activities in Ghana such as proceeds from exports of goods and services; and
The threshold for transfers abroad without initial documentation remains at $50,000.00.


The Bank of Ghana reiterated that the Ghana cedi remains the sole legal tender in Ghana. Therefore, pricing, advertising, invoicing, receiving, and making payments for goods and services should be done in Ghana cedis, unless otherwise authorized by the Bank of Ghana.

Existing measures that were not amended by this notice continue to remain in force. AngloGold Ashanti maintains and operates its FCA, FEA and retention accounts in compliance with the directives.

Rules regarding the export of gold and diamonds

The Bank of Ghana introduced new measures to regulate and monitor the export of gold and diamonds from Ghana in 2015. From 15 September 2015, all exports of gold and diamonds must be carried out through the Precious Minerals Marketing Company Ltd (PMMC), except where the exporter is the holder of a licence that permits it to export directly. The Ghana Revenue Authority (Customs Division) only permits gold to be exported by a licensed gold exporter who has a completed Form FEX A4 bearing Bank of Ghana’s embossment. The export measures do not apply to AngloGold Ashanti because the company holds a licence granted by the LNR Minister to sell and export its production.

The Bank of Ghana issued a notice (Notice No. BG/GOV/SEC/2016/02) which, among other things, allows mining companies to sell the portion of foreign exchange receipts from export that was earmarked for surrender to the Bank of Ghana directly to the commercial banks.

In November 2016, the Ministry of Lands and Natural Resources issued a ministerial directive appointing the PMMC as designated laboratory for assaying in Ghana. The directive requests all persons holding export licenses for gold to submit all gold to be exported to the PMMC for assay before export. Mining businesses, including AngloGold Ashanti, acting through the Ghana Chamber of Mines were opposed to this directive due to its potential negative impact on mining companies in the region. As a result, the Chamber initiated proceedings to reverse or modify the directive. Following discussions in respect of the mining industry’s concerns, the Chamber and Government agreed on the modalities for implementing the national assaying policy and it was introduced in February 2018 following a one-month pilot among certain mining companies. A final document for the implementation of the program will be executed once the Chamber and the PMMC address a few outstanding issues regarding assaying methodologies.

Localisation policy

Mining companies must submit a detailed programme for the recruitment and training of Ghanaians with a view to achieving “localisation”, which is the replacement of expatriate personnel in a company’s Ghanaian operations by Ghanaian personnel. In addition, mining companies must give preference to Ghanaian products and personnel, to the maximum extent possible, consistent with safety, efficiency and economies. The Minerals and Mining (General) Regulations, 2012 (L.I. 2173) give further details on the localisation policy.

Except as otherwise provided in a specific mining lease, all immovable assets of the holder of the mining lease vest in the State upon termination, as does all moveable property that is fully depreciated for tax purposes. Moveable property that is not fully depreciated is to be offered to the State at the depreciated cost. The holder must exercise his rights subject to such limitations relating to surface rights as the Minister of Mines may prescribe.

In January 2020, the Minerals Commission circulated draft Minerals and Mining (Local Content and Local Participation) Regulations intended to expand the scope of local content requirements in the mining industry. The draft specifically seeks to expand the number of mining related businesses required to comply with local content requirements.

AngloGold Ashanti’s rights and permits

Obuasi

The current mining lease for the Obuasi area was granted by the Government of Ghana on 5 March 1994. It grants mining concessions to land with an area of approximately 338 km2 in the Amansie East and Adansi West districts of the Ashanti region for a term of 30 years from the date of the agreement. In addition, a mining lease over an adjacent 140 km2 was also granted, resulting in the total area under the mining lease increasing to 474 km2.

The Government of Ghana agreed to extend the term of the mining lease relating to the Obuasi mine until 2054. The mining lease was formally ratified by Parliament on 23 October 2008.

On 3 March 2016, the Minerals Commission approved AngloGold Ashanti Ghana’s application to surrender approximately 273.54 km2 of the area to the Government of Ghana, reducing the lease areas to 201.46 km2. The remaining parcel of land that will be subject to the mining lease is situated within various villages and townships in the region but excludes the municipality of Obuasi.

AGA Ghana is not required to pay annual mineral right fees as the AGA Ghana Leases were granted prior to the enactment of the GMM Act which imposes such fees. The GMM Act provides that leases granted under laws subsisting immediately before the coming

into force of the GMM Act shall continue to be governed by such pre-existing laws. As a result, the AGA Ghana Leases are still regulated by the Minerals and Mining Law, 1986 (PNDCL 153), as amended (notwithstanding the repeal of PNDCL 153 by the GMM Act).

Iduapriem

The Iduapriem mine had been granted four different mining leases: the Iduapriem Mining Lease (36.47 km2), the Ajopa Mining Lease (46.12 km2), the Teberebie Mining Lease (28.53 km2) and the Ajopa South West Mining Lease (28.10 km2). All four mining leases expired between 2018 and 2019. All relevant documents were submitted to apply for the renewal of the leases in September 2017. In January 2020, the Minerals Commission issued a Notice of Grant of Mining Lease for all four leases and the LNR Minister approved the grant of the mining leases. All four renewed leases will expire in February 2025.

AGA Iduapriem is required to pay an annual mineral right fee of $178,000 with respect to the Iduapriem Lease, $136,000 with respect to the Teberebie Lease, $134,000 with respect to the Ajopa South West Lease and $220,000 with respect to the Ajopa lease.

Guinea

General laws relating to mining

In Guinea, all mineral substances are the property of the State. Mining activities are regulated by law L/2011/006/CNT dated 9 September 2011 as amended by law L/2013/053/CNT dated 8 April 2013 and promulgated by decree D/2013/075/PRG/SGG dated 17 April 2013 (together, the Guinea Mining Code).

The Guinea Mining Code is accompanied and implemented by various implementation decrees. To date, various decrees have been adopted, including decree D/2014/015/PRG/SGG adopting a model of mining convention, dated 17 January 2014, order A/2016/1584/MMG/SGG related to the administration’s capacities for the management of integrated mining projects (PARCA-GPI) and its steering committee, dated 6 June 2016, decree D/2016/163/PRG/SGG on the national agency for the development of mining infrastructures (ANAIM), dated 13 June 2016, and decree D/2016/215/PRG/SRG on the appointment of executives to the Ministry of Mines and Geology, dated 8 July 2016. In 2017, the modalities regarding the use of the mining companies’ financial contribution to the development of the local communities and the rules applying to the Local Development Fund (Fodel) created under the Guinea Mining Code have been enacted through the adoption of decree D/2017/285/PRG/SGG setting the conditions for the constitution and management of the Fodel, dated 31 October 2017 and the joint order A/2017/6326/MMG/MATD/SGG setting out the conditions for the use, management and control of the Fodel, dated 22 November 2017. Also, a joint order AC/2017/3228/MATD/MMG/SGG updating the act on the establishment, attribution and functioning of the coordination committees in mining communities (CCLMS), dated 21 July 2017 has been issued by the Ministry of Territorial Administration and Decentralisation and the Ministry of Mines and Geology. The main purpose of the CCLMs, in which all concerned mining companies are represented, being to prevent and settle disputes that may arise in mining communities. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of the joint order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee.

AngloGold Ashanti’s rights and permits

The right to undertake mining operations in Guinea can only be acquired by virtue of one of the following mining titles: surveying permit, small-scale mining licence, exploration licence, mining licence or mining concession.

The group’s Guinea subsidiary, Société AngloGold Ashanti de Guinée SA (SAG), has title to the Siguiri mine in the form of a mining concession, granted by virtue of Presidential decree D/97/171/PRG/SGG dated 4 August 1997, for a period of 25 years (Mining Concession). The Mining Concession was originally covered by a mining convention entered into with the Republic of Guinea on 11 November 1993 (Convention de Base) and amended in 2005. The Convention de Base provided for an initial duration of 25 years and would have expired in 2018.

The Guinea Mining Code, which came into force after the conclusion of the Convention de Base, confirms the validity of mining titles previously issued. The Guinea Mining Code also provides that for holders of validly signed and ratified mining conventions, the application of the Guinea Mining Code will take place by way of amendments to the relevant mining convention (in the case of SAG, the Convention de Base), which amendments are to be negotiated between the mining concession holder and the State.

On 28 June 2016, SAG and the Government of Guinea concluded a revised and consolidated convention de base (Revised Convention de Base) which encompasses a renewal of the term of the original Convention de Base and other amendments necessary to support an expansion project proposed to extend the life of the Siguiri mine (the Expansion).

In compliance with the provisions of the Guinea Mining Code, the Revised Convention de Base was ratified by the Guinean National Assembly (law L/2016/N°067/AN dated 30 December 2016, promulgated by decree D/2017/015/PRG/SGG dated 24 January 2017),

submitted to the Guinean Supreme Court which rendered a favourable opinion (judgment N°AC 005 dated 16 January 2017), and ratified by the President of the Republic of Guinea (decree D/2017/021/PRG/SGG dated 24 January 2017).

As a consequence, as and from 24 January 2017, the Revised Convention de Base has cancelled and replaced the original Convention de Base and governs the operations at the Siguiri mine and under the Mining Concession.

Key elements of the Revised Convention de Base include the following:
a duration of 25 years, expiring 23 January 2042, subject to further renewal if mining operations continue at that time; and with the term of the Mining Concession being aligned with the term of the Revised Convention de Base such that the Mining Concession will be renewed as long as the Revised Convention de Base remains in force;
SAG’s operations remain governed by the 1995 Guinea Mining Code (the prior mining code) and are only subject to the provisions of the Guinea Mining Code to the extent they are expressly set out in the Revised Convention de Base;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Convention de Base, and subject to certain conditions being met, any renewal period(s);
the Republic of Guinea holds a 15 percent free-carried/non-contributory interest;
the Republic of Guinea is entitled to a royalty on gold of 5 percent based on a spot gold price as per LBMA fixing (PM) up until the date of steady state commercial production of the first phase of the Expansion, after which the royalty rate applicable to gold will vary depending on threshold prices as per LBMA fixing (PM), namely: 3 percent if the gold price is USD 1,300 or less, 5 percent, if above USD 1,300 and up to USD 2,000 and 7 percent if above USD 2,000;
SAG will enjoy a 5-year income tax holiday as and from the beginning of steady state commercial production of the first phase of the Expansion, after which the income tax rate is set at 30 percent;
a local development tax of 0.4 percent is payable on the sale price for gold and silver received by SAG up until 31 December 2027, after which it will be increased to 0.6 percent;
salaries of expatriate employees are subject to a 10 percent income tax;
goods imported into Guinea for purposes related to the construction and commissioning of the first phase of the Expansion are exempt from all customs taxes and duties; and
SAG is committed to adopting and progressively implementing a plan for the effective rehabilitation of the mining areas disturbed or affected by its operations.

The Mining Concession covers an area divided into four blocks and totalling approximately 1,495 km2. SAG has the exclusive right to explore and mine in any part of the concession area for the duration of the Revised Convention de Base. The Revised Convention de Base also grants SAG with the option to secure certain land rights over additional areas currently covered by exploration permits, but to which SAG may need access for purposes of establishing roads or storage of tailings.

The Revised Convention de Base is subject to early termination if the parties formally and expressly agree to it, if the last of the mining title held by SAG expires or is relinquished without any renewal application having been filed, if all project activities are voluntarily suspended for a continuous period of 12 months or are permanently abandoned by SAG, or if SAG goes into voluntary liquidation or is placed into liquidation by a court of competent jurisdiction.

Mali

General laws relating to mining

Mining Reform

The mining industry in Mali is currently undergoing a reform as the mining code enacted on 27 February 2012 (2012 Mali Mining Code), which, until recently, was the primary regulation in the mining sector, was replaced by ordinance No.2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (2019 Mali Mining Code). The revision process of Malian mining legislation is not yet completed as the 2019 Mali Mining Code is to be supplemented by one or several decree(s) containing the conditions of implementation of the 2019 Mali Mining Code. While the 2019 Mali Mining Code has entered into force, it appears that the Malian authorities are awaiting the finalization of the various implementing decree(s) to actually enforce the 2019 Mali Mining Code.

Pending the effective enforcement of the 2019 Mali Mining Code by the Malian authorities, the mining operations carried out by AngloGold Ashanti entities in Mali (as further described below), benefit from the stabilisation clauses in their mining conventions, and thus remain subject to the provisions of the previous mining codes of 1970 and 1991 and are also, for residual matters, expressly subject to the provisions of the 2012 Mali Mining Code. The transitory rules of the 2012 Mali Mining Code specify that provisions in respect of certain matters such as administrative surveillance, mine police, rehabilitation and mine closure apply to mining titles issued prior to its entry into in force.

Once the 2019 Mali Mining Code is enforced by the Malian authorities, AngloGold Ashanti entities in Mali will be subject to all the provisions of the 2019 Mali Mining Code except with respect to the validity, scope and duration of their exploitation permits and the provisions on tax and customs regime contained in their mining conventions for their remaining duration. In this regard, the transitory

rules of the 2019 Mali Mining Code specify that mining conventions in force remain valid for their remaining term and their holders continue to benefit from the stability of the tax and customs regime set out therein.

Mining regime

The mining regime deriving from the 2019 Mali Mining Code remains incomplete to date, pending the adoption of the implementing decree(s).

Exploration and prospecting activities are carried out under exploration authorizations (autorisation d’exploration) or exploration permits (permis de recherche). Exploration authorizations and exploration permits give their holder the exclusive right to carry out exploration activities over a given area. Exploration authorizations are granted for a non-renewable period of three years, while exploration permits are renewable twice for additional 3-year periods.

Applications for exploration authorizations and exploration permits must contain various documents attesting to the financial and technical capacity of the applicant as well as a detailed works and costs programme. Exploration authorizations are granted by the Mining Administration (Administration chargée des Mines) while exploration permits are granted by Ministerial Order.

A large scale permit exploitation permit (permis d’exploitation de grande mine) is required to mine a deposit located within the area of an exploration permit. The large scale exploitation permit grants an exclusive right to exploit the named substances and proceed with the processing and commercialization of the substances extracted within its perimeter. Large scale exploitation permits are granted for a maximum period of 12 years renewable for 10 year-periods until depletion of the deposits. The large scale exploitation permit is granted only to the holder of an exploration permit and covers only the area governed by the exploration permit. An application must be submitted to the Mining Administration (Administration chargée des Mines).

As soon as the large scale exploitation permit is granted, the permit holder must incorporate a company under the laws of Mali. The permit holder will assign the large scale exploitation permit for free to this company. The State will have a 10 percent free-carried interest in the company. This interest will be converted into priority shares and the State’s participation will not be diluted in case of an increase in capital. In addition, the company is required to ensure that private Malian investors are offered the possibility to acquire 5 percent of their capital.

Applications for large scale exploitation permits must contain various documents attesting to the financial and technical capacity of the applicant, a feasibility study, a detailed environmental study in respect of the impact of the project on the environment, an environmental permit, a closure and rehabilitation plan as well as a community development plan. The large scale exploitation permit is granted by decree of the Head of Government.

All mining titles mentioned above require an establishment convention (convention d’établissement) to be signed by the State and the titleholder defining their rights and obligations, the duration of which is 20 years.

AngloGold Ashanti’s rights and permits

Historically, AngloGold Ashanti had interests in Morila, Sadiola and Yatela, all of which are governed by establishment conventions covering exploration, mining, treatment and marketing in a comprehensive document. These documents include general provisions regarding exploration (work programme, fiscal and customs framework) and exploitation (formation of a local limited liability mining company, State interest, fiscal and customs framework governing construction and exploitation phases, exchange controls, marketing of the product, accounting regime, training programmes for local labour, protection of the environment, reclamation, safety, hygiene and dispute settlement). AngloGold Ashanti complied with all applicable requirements and the relevant permits were issued (subject to the developments regarding the permit for Yatela, as described below).

Morila’s exploitation permit covers approximately 200 km2 and was issued on 4 August 1999. Morila has a 30-year permit which expires in 2029. Mining of ore has ceased at Morila.

On 23 December 2019, AngloGold Ashanti announced that it, together with its joint venture partner IAMGOLD Corporation, has agreed to sell their interests in Société d’Exploitation des Mines d’Or de Sadiola S.A. to Allied Gold Corp. This sale transaction is subject to the fulfilment, or waiver, of a number of conditions precedent which are expected to be fulfilled or waived by the end of April 2020. Sadiola’s prospecting and exploitation agreement covers approximately 303 km2 and was originally entered into on 5 April 1990. Sadiola has a 30-year permit which expires in 2024.

On 14 February 2019, AngloGold Ashanti sold, together with its joint venture partner IAMGOLD Corporation, their holdings in Société d’Exploitation des Mines d’Or de Yatela to the Government of Mali. Certain conditions precedent currently remain outstanding. Prior to the sale, Yatela had begun the implementation of a closure plan in order to relinquish the property. In parallel, discussions had been ongoing for the Government of Mali to take over the residual operations as well as the implementation of the closure plan. In the course of these discussions, an administrative error occurred, leading to the cancellation of Yatela’s permit through decree 2017/0613/PM-RM dated 28 July 2017, notified to Yatela on 5 October 2017. This error has since then been corrected through the issuance of decree 2017-00951/PM-RM dated 28 November 2017 and decree n°2018-0368/PR-RM dated 12 April 2018, the purpose

of which was to reinstate Yatela in all of its rights under its exploitation permit. Yatela’s exploitation permit covers approximately 212 km2. Yatela has a 30-year permit which expires in 2030.

Tanzania

General laws relating to mining

Tanzania Mining Act and Tanzania Mining Regulations

Mineral rights in the United Republic of Tanzania are principally governed by the Mining Act, 2010 (No. 14) (Tanzania Mining Act) as amended in 2017 by the Written Laws (Miscellaneous Amendments) Act, 2017 (No. 7) and which was revised and published by the Attorney General of Tanzania on 30 October 2018 as the Mining Act, Chapter 123 (R.E. 2018), and the Mining Regulations, 2010 (Tanzania Mining Regulations), as amended in 2018, which include: Mining (Mineral Beneficiation) Regulations, 2018 as amended in 2019; Mining (Minerals and Mineral Concentrates Trading) Regulations, 2018 as amended in 2019; Mining (Radioactive Minerals) Regulations, 2018; Mining (Local Content) Regulations, 2018 as amended in 2019; Mining (Geological Survey) Regulations, 2018; and the Mining (Audit and Inspection of Records) Regulations, 2018. Other regulations are: Mining (Environmental Protection For Small Scale Mining) Regulations, 2010; Mining (Safety, Occupational Health and Environmental Protection) Regulations, 2010; Mining (Mineral and Gem Houses) Regulations, 2019; Mining (Mining Shareholding and Public Offering) Regulations, 2016 as amended in 2017; Mining (Diamond Trading) Regulation, 2019; Natural Wealth and Resources (Permanent Sovereignty) Code of Conduct for Investors in Natural Resources Regulations, 2020 (Permanent Sovereignty Regulations); and The Natural Wealth Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020. The application of the Code of Conduct under the Permanent Sovereignty Regulations extends to employees, agents, suppliers and consultants and requires them to comply with other binding instruments and decisions made based on such instruments, in addition to policies, laws and regulations. The Permanent Sovereignty Regulations make it mandatory to seek the advice of an office bearer or the office of Attorney General, if the requirements of the Code, provisions of the Mining Act or other instruments relating to natural wealth and resources become ambiguous, unclear or in conflict resulting into uncertainty. Further, the Code of Conduct requires investors to conduct periodic reviews in respect of their compliance with such legislation in order to ensure that the investment does not result into unconscionable behaviours prohibited by the laws of Tanzania.

The Tanzania Mining Act and the Tanzania Mining Regulations came into force in November 2010 followed by amendments to the Tanzania Mining Act in 2017 and subsequent amendments to the Tanzania Mining Regulations in 2018 and 2019.

Amendments of the Tanzania Mining Act and the Tanzania Mining Regulations

As mentioned above, the Tanzania Mining Act was amended in 2017 followed by an amendment of the Tanzania Mining Regulations in 2018, together with an Executive Order introducing the following:
Dissolution of the Tanzania Minerals Audit Agency whose functions and powers have now been transferred to the Geological Survey of Tanzania (GST);
Dissolution of the Mining Advisory Board and introduction of the Tanzania Mining Commission. The functions and powers of the Mining Advisory Board have been taken over by the Mining Commission, including the functions of the Commissioner for Minerals. However, the Mining Commission has been made responsible for matters related to auditing and monitoring of mineral production in Tanzania. The Mining Commission has powers to audit quality and quantity of mineral produced and exported by mining entities, financial records of mining entities for the purposes of tax assessments, and environmental management expenditures of the mining entities for the purpose of assessment of compliance to the mine closure plan. Mineral rights holders were required to submit all geological information in their possession to the GST;
A local content requirement for procurement of goods and services: the Tanzania Mining Act requires that mining companies must give: (i) first consideration to good and services provided or manufactured in Tanzania where they meet mining industry specifications (established by the Standards Authority / internationally acceptable standards), (ii) first consideration for employment to qualified Tanzanians, and (iii) adequate provision for on-the-job training of Tanzanians. Specific minimum local content thresholds are specified in Schedule 1 to the Tanzania Mining Regulations. These will be determined by the Mining Commission alongside the work programme. The relevant Minister may prescribe additional minimum local content thresholds;
To qualify for holding a Mining Licence in Tanzania, 5 percent of a licensee’s equity must be held by Tanzanians, with 80 percent of its managerial positions held by Tanzanians and 100 percent of other positions held by Tanzanians, in addition to the shareholding of the Government of Tanzania pursuant to Section 10 of the Tanzania Mining Act (i.e. free-carried interest). This amount is determined, and may be varied, by the relevant Minister;
Establishment of the Local Content Committee (LC Committee) which will oversee the implementation of the Tanzania Mining Regulations and which is composed of a member of the Mining Commission, the Director of Labour and Employment, a member of the Tanzania Private Sector Foundation, the CEO of the Geological Survey of Tanzania, the head of legal services at the Ministry for Minerals and the Executive Secretary of the Mining Commission. The LC Committee sets minimum standards for local content plans and reports to the Mining Commission;
Introduction of a statutory procedure for the conduct of Corporate Social Responsibility (CSR), whereby a company is required to prepare annually a credible CSR plan jointly agreed with the local government authorities in consultation with the Minister for Finance and the Minister for Local Government Authorities; and
Cancellation of retention licences; right over such licences revert to the Government of Tanzania.


Minimum shareholding and public offering

The Mining (Minimum Shareholding and Public Offering) Regulations, 2016 came into force by Government Notice No. 286 published on 7 October 2016 and revised by amendment on 24 February 2017. On 10 January 2018, the Government of Tanzania published its new Tanzania Mining Regulations, 2018, which contain, amongst others, the implementation provisions of the amended Tanzania Mining Act.

The regulations set out the requirement to sell shares to Tanzanian nationals, by way of a public offering and listing on the Dar es Salaam Stock Exchange, which will apply to companies that are carrying out large scale mining operations. The regulations also require all existing holders of a special mining licence to list a minimum of 30 percent of their shares on either the Main Investment Market or the Enterprise Growth Market Segment of the Dar es Salaam Stock Exchange within 6 months of the regulations coming into force, which was on 24 February 2017. However, we believe the listing requirement conflicts with the mining development agreement.

Arbitration

Along with other major mining companies, AngloGold Ashanti’s subsidiaries are seeking a constructive dialogue with the Government of Tanzania to gain assurances that the Geita gold mine will not be affected by the legal and fiscal changes mentioned above, given their mining development agreements which guarantee fiscal and regulatory stability as well as an agreement between all parties before material legal and regulatory changes are made. As a precautionary step to safeguard its interests, AngloGold Ashanti commenced international arbitration proceedings against the Government of Tanzania in connection with the enactment of this legislation in July 2017. These arbitral proceedings are currently stayed until 13 May 2020 in order to afford the parties the opportunity to achieve an amicable resolution of the dispute.

The arbitration action against the Government of Tanzania seeks declaratory relief in accordance with the terms of the mining development agreement to preserve the company’ and its shareholders’ rights and interests in the Geita gold mine, including confirmation from the Government of Tanzania that the company is exempt from the listing requirement. The arbitration proceedings also seek to confirm that AngloGold Ashanti does not, as a result of its existing mining development agreement, fall within the scope of the new mining legislation, under which the Government of Tanzania has the right to (i) renegotiate existing mining agreements at its discretion, (ii) receive a free-carried interest of no less than 16 percent in all mining projects, and (iii) acquire up to 50 percent of the shares of the mining company commensurate with the total tax expenditure incurred by the Government in favour of the mining company, and which includes an increase in the rate of revenue royalties from 4 to 6 percentand a 1 percent clearance fee. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirement, will not apply to its operations in Tanzania and the outcome of the arbitration action may have a material adverse impact on the company’s results of operations and financial condition. See also “Item 8A: Legal Proceedings-Tanzania”.

Mineral right licences

Ownership of and control over minerals on, in or under the land vest in the President of the United Republic of Tanzania. No person is allowed to prospect for minerals or carry on mining operations except pursuant to the authority of a mineral right licence granted, or deemed to have been granted, under the Tanzania Mining Act or its predecessor acts. To enable a company to prospect or mine, the Tanzania Ministry of Minerals (MEM) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MEM may then grant a form of licence for mining. Licensing decisions take into account the abilities of the company (including its mining, financial and technical capabilities), projected rehabilitation programmes, environmental compliance and the payment of royalties.

The following licences can be applied for under the Tanzania Mining Act:

Licences for Exploration:
prospecting licence; and
gemstone prospecting licence.

Licences for Mining:
special mining licence (if the proposed capital investment is equal to at least USD 100 million);
mining licence (if the proposed capital investment is equal to between USD 100,000 and USD 100 million); and
primary mining licence (reserved for Tanzanian citizens).

Licences for Ancillary Activities:
processing licence;
smelting licence; and
refining licence.



For purposes of AngloGold Ashanti’s Geita gold mine, only prospecting and special mining licences are relevant.

A prospecting licence grants the holder the exclusive right to prospect in the area covered by the licence for all minerals within the class of minerals applied for. The classes that can be applied for include, amongst others, metallic minerals; energy minerals; gemstones other than kimberlitic diamonds; and kimberlitic diamonds.

An application for a prospecting licence is made to the Mining Commission and the licence is valid for an initial term of four years. After the initial term, the licence is renewable for a further period of three years, with no option for renewal thereafter. Upon renewal, 50 percent of the area covered by the licence must be relinquished. A company applying for a prospecting licence must, amongst other things, state the financial and technical resources available to it.

Holders of prospecting licences over a tenement will not automatically have first right to any mining licence granted over that tenement. However, in practice, they will be best positioned to meet the requirements to be granted a form of licence for mining.

Holder of prospecting licences have the obligations to: (i) commence prospecting operations within three months or such further period as the Mining Commission may allow from the date of the grant of the licence or the date as stated in the licence as commencement date; (ii) give notice to the Mining Commission on discovery of any mineral deposit of potential commercial value; and (iii) adhere to the prospecting programme which is attached to the licence and expend on prospecting operations not less than the amount prescribed.

A prospecting licence is not freely transferable and requires the Mining Commission to be notified of any transfer of a prospecting licence. The Mining Commission will refuse to register the transfer unless the transferee proves that it meets the financial and technical capability criteria required to apply for such licences.

Mining Licence / Special Mining Licence

Mining is mainly carried out through either a mining licence or a special mining licence, both of which confer on the holder the exclusive right to conduct mining operations in or on the area covered by the licence. A special mining licence is granted for the shorter of either the estimated life of the ore body indicated in the feasibility study report or such period as the applicant may request. It is renewable for a further period not exceeding the estimated life of the remaining ore body.

The holder of a special mining licence may apply for renewal of its licence at any time but no later than one year before the expiry of the licence. The renewal shall not be for a period exceeding the estimate life of the remaining ore body. The Mining Commission may reject an application for renewal if: (i) the applicant is in default; (ii) the applicant was issued with a notice of default and failed to rectify the default or the default is capable of remedial; (iii) the development of the area has not proceeded with reasonable diligence as agreed in the relevant mining development agreement; (iv) minerals are not produced in workable quantities; (v) the program of intended mining operations for the renewal will not ensure proper development of resources; and (vi) the applicant does not have the relevant environmental certificate as required by the Environmental Management Act, 2004 (No. 20).

Except in the case of a special mining licence, a mineral right may be freely transferred by its holder (in whole or in part) to another person or entity without requiring consent from the Mining Commission which is the relevant licensing authority. The grant and assignment of a special mining licence generally requires the approval of the Cabinet after the Mining Commission has forwarded the application to the Minister of Minerals for further approval. There are limited exceptions to the requirement for the licensing authority’s consent (such as transfers to an affiliate company of the licence holder or to a financial institution or bank as security for any loan or guarantee in respect of mining operations).

Special mining licences have certain fiscal and other advantages over mining licences, as the holder of a special mining licence may enter into a mining development agreement with the Government of Tanzania to guarantee the fiscal stability of a long-term mining project and make special provision for the payment of royalties, taxes, fees and other fiscal imposts and a special mining licence holder may, in certain circumstances, unilaterally amend the programme of the mining operations agreed with the MEM.

Tax laws relating to mining

Finance Act

The Finance Act, 2015 (No. 16) which was assented to on 28 June 2015 and came into force on 1 July 2015 contains a provision for a 30 percent capital gains tax on the sale of shares by an offshore parent company. This provision was introduced by the Finance Act, 2012 (No. 8) and in this legislation, additional changes were also made to the procedure for payment of capital gains tax by the seller of shares. Tax at the rate of 30 percent is payable by way of an initial instalment of 20 percent on the transfer, based on the notional gain that the seller would make after a further instalment of the remaining 10 percent is due.

The Finance Act, 2017 (No. 4) came into force on 1 July 2017 and imposes and alters certain taxes, duties, levies and fees. It further amends certain written laws relating to the collection and management of public revenue. Among other provisions, it has introduced inspection or clearance fees on the exportation or domestic use of minerals. Such exportation or domestic use is restricted unless

such minerals have been inspected or cleared at the mining areas, ports, airports, border or posts and the clearing fee of 1 percent of the gross value of the minerals has been paid by the exporter or any other person in possession thereof.

Value Added Tax Act

The Value Added Tax Act, 2014 (No. 5) (VAT Act), which came into force on 1 July 2015, restricts VAT relief on purchases made by mining companies. The VAT Act is specific in that it provides that no purchase by companies is exempt or zero rated, unless specified by the law. Previously mining companies were entitled to 100 percent VAT relief.

Local Government Levies

As mentioned below, following the signature of an addendum to the mining development agreement, Geita gold mine is required to pay local government a service levy of 0.3 percent of its gross annual turnover in line with the Local Government Finances Act, 1982 (No. 9).

Environmental Management Fees and Charges

The Environmental Management (Fees and Charges) (Amendment) Regulations, 2016 (EM Regulations), which came into effect on 2 May 2016, introduced new fees in relation to the review of the Environmental Impact Assessment on projects by the National Environmental Management Council (NEMC). According to the EM Regulations, the fees involved are “0.1 percent of the total project costs”. However, the EM Regulations have not defined the term “project cost” nor have they provided a detailed breakdown on the determination of the project cost.

Labour laws

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, 2015 (No. 1) (Non-Citizens Act) came into force. The Non-Citizens Act vests powers concerning work permits with the Labour Commissioner. Therefore, non-citizens wishing to be employed in the country are required to apply and be granted a work permit before applying for a residence permit. Before granting the work permit, the Labour Commissioner must satisfy himself that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan which sets out a well-articulated plan for the transfer of the non-citizen’s knowledge and expertise to Tanzanian citizens. Moreover, the Commissioner General of Immigration is required to take into consideration conditions of the work permit issued by the Labour Commissioner when granting a residence permit. Previously, the issuance of a residence permit was inclusive of a work permit. The resident permit covered working and living in Tanzania.

Further, the Non-Citizens Act introduced the Short-Term Permit (STP). The STP is granted to non-citizens who wish to work in the country for a period of not more than six months. Foreigners intending to work in Tanzania for more than three months are required to apply for an STP. The application for an STP is made to the Ministry of Labour and Employment.

Section 46(6) of the Social Security Laws (Amendments) Act, 2012 (No. 5) amended the National Social Security Fund Act, 1997 (No. 28) by providing that “an employer of a non-citizen shall remit contribution for such employee in accordance with the Act”. This means that from 15 June 2012 non-citizens are also required to be insured as any other person and their contributions should be channelled to the Nationals Social Security Fund.

The Workers’ Compensation Act, 2008 (No. 20) requires a company as the employer to contribute 1 percent of the employee’s salary and fixed allowance to the Workers Compensation Fund. Following the adoption of the Workers’ Compensation Regulations 2016, all employers were required to implement the requirements of the Workers’ Compensation Act by 30 June 2016.

Transparency and accountability laws

In 2015, the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (No. 23) (TAA) came into force. The TAA establishes the Tanzania Extractive Industries (Transparency and Accountability) Committee (TAA Committee), an independent Government entity which is an oversight body for promoting and enhancing transparency and accountability in the extractive industry.

The TAA Committee has powers under the TAA to impose obligations on specified extractive industries and statutory recipients to receive information on reconciliation on payments made and revenues received by the Government of Tanzania. In addition, an extractive industry is required under the TAA to submit to the TAA Committee annual reports containing information on local content and corporate social responsibility. Further, the TAA demands all concessions, contracts and licences to be made public as well as all revenue collected from the extractive industry.

Natural resources legislation

The Government of Tanzania enacted two laws in respect of natural resources that came into force in July 2017: the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017 (No. 6) (Unconscionable Terms Act)

and the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (No. 5) (Permanent Sovereignty Act and together with the Unconscionable Terms Act, the Natural Resources laws).

The Natural Resources laws provide that Tanzania has sovereignty over its natural resources and require that all arrangements or agreements that relate to “natural wealth and resources” are subject to review by the National Assembly. Such agreements must fully secure the interests of the people of Tanzania. During a review all unconscionable terms as interpreted in accordance with the law are expunged from the agreement. The laws also require that new natural resources agreements are reviewed by the Government. The natural wealth and resources of Tanzania shall be inalienable and remain as the property of the people of Tanzania held in trust by the President.

In addition, under the laws, disputes over natural wealth and resources will not be subject to any proceedings in any foreign court or tribunal. As a result, investors are restricted from accessing international dispute resolution mechanisms. Accordingly, companies are now required to adopt Tanzanian law and local dispute resolution in all mining agreements. As such, all disputes will be handles by Tanzanian judicial bodies or any other Tanzania government body vested with powers to resolve disputes.

Moreover, every undertaking must demonstrate “guaranteed returns into the economy” from all earnings accrued or derived from such extraction, exploitation or acquisition and use. In addition, to ensure that the Government and the people of Tanzania obtain an equitable stake in the exploitation of mining resources, all project earnings must be retained in Tanzanian banks. Investors are also prevented from freely exporting raw minerals and repatriating funds.

In particular, under the Unconscionable Terms Act, a term is considered “unconscionable”, if the requirements or provisions of the agreement:
Aim at restricting the right of the state to exercise full permanent sovereignty over its wealth, natural resources and economic activity;
Are restricting the right of the state to exercise authority over foreign investment within the country and in accordance with the laws of Tanzania;
Are inequitable and onerous to the state;
Restrict periodic review of life-time arrangements or agreements;
Secure preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor;
Are restricting the right of the state to regulate activities of transnational corporations within the country and to take measures to ensure that such activities comply with the laws of the land;
Are depriving the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country;
Are by nature empowering transnational corporations to intervene in the internal affairs of Tanzania;
Are subjecting the state to the jurisdiction of foreign laws and foreign courts or tribunals;
Expressly or implicitly undermine the effectiveness of state measures to protect the environment or the use of environmental friendly technology; or
Aim at doing any other act the effect of which undermines or is injurious to the welfare of the people of Tanzania or the economic prosperity of the nation.

Section 6 of the Unconscionable Terms Act specifically provides that where there is an unconscionable term, the National Assembly may pass a resolution for re-negotiation of the agreement whereupon the Government shall serve notice to the investor to re-negotiate the term or agreement. The Government and the particular investor have 90 days from the notice date to re-negotiate the term or agreement. This period can be extended if both parties consent. If both parties fail to revise the unconscionable term, the term will be deemed removed from the agreement.

AngloGold Ashanti’s rights and permits

The Geita gold mine is located in the Lake Victoria goldfields of the Mwanza region of Tanzania. AngloGold Ashanti has concluded a mining development agreement with the Ministry of Minerals on 24 June 1999 and was issued a special mining licence covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024.

On 9 October 2014, an addendum to the mining development agreement was entered into ratifying the following changes:
An increase in the royalty rate from 3 percent to 4 percent with effect from 1 May 2012;
With effect from the financial year 2015, the capital allowance applicable to the unredeemed qualifying capital expenditure (15 percent per annum) referred to in section 18(a) of the Income Tax Act, 1973 (No. 33) shall no longer apply; and
With effect from 1 July 2014, Geita Gold Mining Limited is liable to pay the Geita District Council Levy at a rate of 0.3 percent on turnover (no longer capped at USD 200,000 per annum as provided under Article 4 of the company’s mining development agreement).

In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining license from open pit to underground method, subject to the requisite terms and conditions.

AUSTRALIA

General laws relating to mining

In Australia, with a few exceptions, all onshore minerals are owned by the Crown. The respective Minister for each state and territory is responsible for administering the relevant mining legislation enacted by the states and territories.

Native title legislation applies to certain mining tenements within Australia. Australia recognises and protects a form of native title that reflects the entitlement of Aboriginal people to their traditional lands in accordance with their traditional custom and laws. Should native title claims or determinations exist, certain native title processes and procedures will apply under the Native Title Act 1993 (Cth) (Native Title Act) before the tenure is granted. Tenure may be granted subject to conditions relating to native title rights. In the mining context, native title matters are managed as part of the tenement grant process. If disputes arise in relation to the grant of a particular tenement, they can be referred to the National Native Title Tribunal, established under the Native Title Act, for resolution. Native title legislation also provides a framework for compensation to be paid for acts that affect native title rights and interests. Ordinarily, the relevant Commonwealth or State government is liable to pay compensation for acts attributable to it. However, under the Mining Act 1978 (WA) liability for compensation associated with native title can be passed back to the holder of a mining tenement at the time of a determination of native title compensation.

State and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the native title legislation. They exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. Where an area of heritage significance is placed on the national or world heritage registers, federal approval processes may also apply. To date, there has not been any significant impact on any of AngloGold Ashanti’s tenure due to native title or heritage legislation.

AngloGold Ashanti’s operating properties are located in the state of Western Australia where tenure is issued under, and mining operations are governed by, the Mining Act 1978 (WA). The most common forms of tenure in Western Australia are exploration and prospecting licences, mining leases, miscellaneous licences and general purpose leases. In most Australian states, if the holder of an exploration licence establishes indications of an economic mineral deposit in the area covered by the exploration licence and complies with the conditions of the grant, the holder of the exploration licence has a priority right against all others to be granted a mining lease which gives the holder exclusive mining rights with respect to minerals on the property. In Western Australia, a general purpose lease may also be granted for one or more of a number of permitted purposes. These purposes include erecting, placing and operating machinery and plants in connection with mining operations, depositing or treating minerals or tailings and using the land for any other specified purpose directly connected with mining operations.

It is possible for an individual or entity to own an area of land for infrastructure purposes and for another individual or entity to be granted the right to explore for or mine any minerals located on or under the surface of the same area. The maximum initial term of a mining lease in Western Australia is 21 years and the holder has the right to renew the lease for an additional 21 years. Subsequent renewals are granted at the discretion of the respective state or territory’s minister responsible for mining rights. In Western Australia, mining leases can only be assigned with the prior written consent of the minister.

Tax laws relating to mining

Government royalties are payable by the holder of mining tenure in respect of minerals obtained from the relevant area of land at the rates specified in the relevant legislation in each state or territory. The royalty on gold production in Western Australia is payable quarterly at a fixed rate of 2.5 percent of the royalty value of gold metal produced. The royalty value is calculated by multiplying the amount of gold produced during a given month by the average gold spot price for that month. In addition, the holder of a mining tenement is required to pay annual rent in respect of the tenement. In Western Australia there is a minimum annual expenditure requirement for prospecting and exploration licences and mining leases. Exemptions from the expenditure requirement can be obtained if certain conditions are satisfied.

Environmental laws relating to mining

Mining tenements will be granted with endorsements and conditions relating to protection of the environment. Exploration and mining operations may also require separate approval from the state, territory or federal environment minister, which may require completion of an environmental impact assessment pursuant to applicable protection legislation prior to commencement. Further, an operating licence under the relevant environmental protection legislation in the state or territory may also be required for certain mine processing or mining-related operations. Depending on the jurisdiction, a further separate approval may be required for the removal of native vegetation within the tenement.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti has been granted 21-year term mining leases with rights of renewal to all of its mining areas in Australia, including its proportionate share of joint venture operations and accordingly it has, together with its joint venture partners where applicable, the exclusive right to mine in those areas. Both the group and its joint venture partners are fully authorised to conduct operations

in accordance with relevant laws and regulations. The mining leases and rights of renewal cover the current life-of-mine at AngloGold Ashanti’s operations in Australia.

At Sunrise Dam the deposit is now situated upon two mining leases covering approximately 7,808 hectares and another mining lease of 1,768 hectares contains related infrastructure. Both leases are currently in good standing, with expiry dates in 2038.

At Tropicana, the deposit is situated upon a single mining lease covering approximately 27,228 hectares, which is currently in good standing, with an expiry date in 2036.

AngloGold Ashanti is also conducting early stage exploration activities in Queensland under the Mineral Resources Act 1989 (QLD). AngloGold Ashanti holds 18 exploration permits covering 497,087 hectares. Each permit is granted with an initial term of five years, renewable for further periods of not more than five years. There is an entitlement to convert exploration permits to mining titles in the form of mining claims, mining leases or mineral development licences.


AMERICAS

Argentina

General laws relating to mining and land ownership

Mining regime

The Argentinean Mining Code governs mining activity in the country. Special regimes exist for hydrocarbons and nuclear minerals. In the case of most minerals, the Argentinean Mining Code establishes that the owner of the land is not the owner of the mineral rights; these are held by the national or provincial governments (depending on the location of the minerals). The national or provincial government, as applicable, is required by the Argentinean Mining Code to grant whomever discovers a new mine title to the mining concession.

The Argentinean Mining Code regulates exploration permits and mining concessions. Exploration permits grant their holders exclusivity rights to any mineral discoveries, including those made by a third party within the exploration area covered by the permit. Exploration permits are limited in time and as to the extent of the exploration area, are subject to the payment of a single-time fee, and also require a minimum exploration work programme and schedule to keep the permit in force.

The Argentinean Mining Code also regulates mining concessions, or exploitation rights. Priority for receiving a mining concession is given to the registered discoverer of the mine, which holds the exploration permit. Once the application for a mine has been submitted, the applicant may commence works and must submit a legal survey of the units requested for the new mine. The application and the legal survey may be opposed by third parties following specific proceedings set forth in the Argentinean Mining Code. Approval and registration of the legal survey by the provincial mining authority constitutes formal title to the mining concession.

Holders of mining concessions must comply with three main conditions: payment of an annual fee, investment of a minimum amount of capital, and the carrying out of a reasonable level of exploitation. Failure to do so could lead to forfeiture of the mining concession, which would then revert back to the Province.

In addition to the Argentinean Mining Code, between 1993 and 1995, Argentina implemented several federal laws to offer foreign companies attractive incentives for exploration and mining in Argentina, the Mining Investment Law (Law No. 24, 196), as amended (Mining Investment Law), and related legal provisions being the most important one. Such incentives include, amongst others, import duty exemptions, accelerated depreciation of fixed assets, a 3 percent cap on provincial royalties set at pit-head value on the mineral extracted, value added tax refunds for exploration-related expenses incurred by companies registered under the Mining Investment Law, and, subject to the filing of a feasibility study for the relevant mining project, a 30-year stability as to the tax burden on the project and the customs and foreign exchange regimes and duties. Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate in 1996.

Glacier Law

On 30 September 2010, the National Law on Minimum Requirements for the Protection of Glaciers (Law No. 26, 639) (Glacier Law) was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. The Glacier Law also subjects on-going mining activities in those areas to an environmental audit. If such audit results in material impacts on glaciers and “peri-glacial” areas, the relevant authority is empowered to take action, including suspension or relocation of the activity. The Glacier Law establishes a broad definition of “peri-glacial” areas that, together with glacial areas, must be surveyed by an existing national government agency specifically appointed to this end every five years. The area where the Cerro Vanguardia project is located does not include any glaciers or peri-glacial areas according to the inventory of glaciers which was published in June 2018. The constitutionality of the Glacier Law has been challenged by some mining companies along with the

Province of San Juan (which hosts large mining projects), but the National Supreme Court of Justice of Argentina rejected these claims on 4 June 2019.

Rural Land Law

On 27 December 2011, the Argentinean National Congress passed a law on the Regime for Protection of National Domain over Ownership, Possession or Tenure of Rural Land (Law No. 26, 737) (Rural Land Law) which implemented a set of rules restricting the ownership of rural land by foreigners (including foreign individuals or any kind of legal entity controlled by foreign individuals or legal entities). The main restrictions are as follows: (i) foreigners cannot own in the aggregate more than 15 percent of the entire rural land of Argentina, the same cap being applicable to each Province and Municipality; (ii) foreigners will not be allowed to purchase more than 1,000 hectares in the so-called “zona núcleo”, which comprises the main agricultural areas of central Argentina or an “equivalent” surface depending on the location of the land and its productive potential; and (iii) foreigners will not be allowed to buy land that contains, or is adjacent to, relevant and permanent water bodies (such as rivers and lakes). Although exploration permits and mining concessions are not the subject matter of the restrictions placed by the Rural Land Law, certain rights granted to foreign mining companies under the Argentinean Mining Code may be restricted by this new law. For example, the right that holders of mining concessions currently have to force the surface owner to sell the land to the holder of the mining concession might be restricted if the concession holder is a foreign individual or a legal entity controlled by foreigners.

Federal Mining Agreement

On 13 June 2017, the national government and the provinces in whose territories the main mining projects of Argentina are located, signed the New Federal Mining Agreement (FMA). The purpose of the FMA is, amongst other things, to increase provincial revenues from the mining industry by creating legal entities owned by provincial governments that would work in association with private mining companies. This scheme is not new in Argentina and it has been used by some provincial governments, amongst them the Santa Cruz Province (through Fomicruz), in which the Cerro Vanguardia project is located. The FMA also contemplates other forms of revenues such as the formation of special trusts to be funded by mining companies in order to finance education, health and other programmes. Additionally, the FMA included setting forth mining royalties up to 3 percent of the gross value of commercialized minerals, without any deductions other than VAT. As the FMA has not yet been converted into law by the National Congress, its provisions are neither binding nor enforceable.

In Argentina, the current regulatory regime of royalty payments is expected to change and several different options and payment thresholds have been discussed. In December 2012, the Santa Cruz Province changed the mining royalty from 1 percent to 3 percent calculated at pit-head value of the mineral extracted thus bringing it to the cap of the Mining Investment Law.

Foreign exchange control regime

On 1 September 2019, by means of Executive Decree No. 609/2019 (Decree), the national government re-established foreign exchange and export controls. The Decree imposes, among other measures, the obligation of Argentinean residents to transfer to Argentina and/or sell for Argentinean pesos in the Argentinean foreign exchange market (mercado libre de cambios) the countervalue (contravalor) from their exports of goods within 15 to 365 calendar days depending on the goods exported and the relationship with the importer. Regardless of the applicable maximum term, upon collection of the export, the proceeds thereof must be sold for Argentinean pesos in the Argentinean foreign exchange market no later than five business days from the date of collection.

The Decree also authorized the Central Bank of Argentina to establish the requirements for compliance with the measures set out therein. On the same date, the Argentinean Central Bank, as the regulatory authority in charge of administering the Argentinean foreign exchange market, issued Communication “A” 6770 establishing the specific regulatory requirements in order to implement the measures adopted by the national government. The Argentinean Central Bank delegated the responsibility to follow up and supervise compliance with the repatriation obligation of exporters to financial institutions. In this respect, it implemented the so-called “Follow-up regime for foreign exchange countervalue from exports of goods” (Seguimiento de las negociaciones de divisas por exportaciones de bienes or SECOEXPO). Upon the expiration of the applicable term to transfer and sell the proceeds of exports, the designated financial institution must inform the Argentinean Central Bank if the exporter has complied with its obligations or not.

Export duties

On 4 September 2018, export duties were imposed by Decree No. 793/2018 (Export Duties Decree) published by the Argentinean government which will be applicable until 31 December 2020. The export duty is set at 12 percent ad valorem. The Export Duties Decree, if not compensated with other tax reductions, affects the tax stability guarantee granted to Cerro Vanguardia S.A. (CVSA) in 1996 in light of the fact that at the time export duties were zero percent.

On 26 February 2019, the Argentinean tax and mining authorities published a resolution establishing a mechanism to reimburse or compensate federal taxes paid in excess of the total tax burden provided for by applicable tax stability guarantees. The resolution provides for an administrative procedure to be followed to prove that the actual tax burden is higher than the one a company should have based on its tax stability guarantee. Cerro Vanguardia S.A. initiated this procedure in order to claim reimbursement of, or compensation for, export taxes paid during 2018 in excess of the total tax burden provided for by its tax stability guarantee. The

National Mining Secretariat issued a favorable opinion regarding Cerro Vanguardia S.A.’s claim, which is currently under review by the relevant customs authorities (Customs Regional Division - Patagonia).

On 21 December 2019, the National Law on Social Solidarity and Productive Reactivation (Law No. 27, 541) (Solidarity Law) was enacted. The Solidarity Law grants the national government power until 31 December 2021 to impose export duties which may not exceed certain caps. For example, the Solidarity Law provides that export duties on mining exports cannot exceed 8% of the taxable value or official FOB price. It is currently unclear whether this 8% limit applies automatically or whether it requires the issuance of a decree by the national government.

Environmental laws relating to mining

Any mining company wishing to commence or modify any mining-related activity, as defined by the Argentinean Mining Code, including prospecting, exploration, exploitation, development, preparation, extraction, and storage of mineral substances, as well as property abandonment or mine closure activity, is required to prepare and submit to the competent provincial environmental authority an Environmental Impact Assessment (EIA) prior to commencing the work. Each EIA is required to describe the nature of the proposed work, its potential risk to the environment, and the measures that will be taken to mitigate that risk. If accepted by the competent authority, the EIA is used as the basis to create a Declaration of Environmental Impact (DEI) to which the mining company is required to adhere during the mining-related activity at issue. The DEI is required to be updated at least on a biannual basis. Sanctions and penalties for non-compliance with the DEI are outlined in the Environmental Protection section of the Argentinean Mining Code, and may include warnings, fines, suspension of quality certifications, restoration of the environment, temporary or permanent closure of activities, and withdrawal of authorisation to conduct mining-related activities.

AngloGold Ashanti’s rights and permits

In the case of Cerro Vanguardia, AngloGold Ashanti’s operation in Argentina, the mining concession holder is AngloGold Ashanti’s partner, Fomento Minero de Santa Cruz S.E. (Fomicruz). On 27 December 1996, Fomicruz entered into a usufruct agreement whereby Cerro Vanguardia S.A. was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 km2) for a 40-year period, which expires on 26 December 2036. Cerro Vanguardia S.A. is a corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti, with Fomicruz as minority shareholder. On 14 August 1996, Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate, which expires in 2026.

Brazil

General laws relating to mining and land ownership

The Brazilian Constitution of 1934 states that, for purposes of exploration and exploitation, deposits and other Mineral Resources constitute property separate from the soil and belong to the Federal Union. Exploration and exploitation of such Mineral Resources may take place only with the Federal Union’s concession and in such a way as to protect the national interest. Federal law sets out penal and administrative sanctions for conduct and activities deemed harmful to the environment.

In Brazil, the National Mining Agency (ANM) is the state body within the Mines and Energy Ministry (MME) that is responsible for: (i) the registration of mining titles, (ii) the grant of authorisations and concessions, (iii) the supervision of mining activities and mining titleholders, and (iv) the issuance of supplementary rules in relation to mining activity.

Under the current Brazilian Mining Code, there are two kinds of mines: (i) claimstake mines (minas manifestadas), for which rights were acquired before 1934 and exist independently of any mining licence or authorisation from the Federal Government and for which the Mineral Resources constitute property of the landowner and (ii) granted mines, which are those that rely on grants from the Federal Government for mineral exploration or exploitation (pursuant to the Brazilian Constitution of 1988). AngloGold Ashanti’s operations in Brazil consist of both claimstake mines and granted mines.

Mining activities in granted mines must be performed in two defined stages: (i) exploration, which entails defining and evaluating the deposit and determining the feasibility of exploitation, and (ii) exploitation, which involves coordinating operations aimed at the industrial exploitation of the mineral deposit, from the extraction of useful minerals to their processing. Exploration authorisations issued by ANM are valid for one to three years. Extensions can be obtained if necessary, as long as it is justified. In contrast, exploitation rights, once granted, are valid for the lifetime of the deposit, provided the mining titleholder complies with all legal requirements. Pursuant to these requirements, for example, titleholders must (i) start work on mineral exploitation within six months from the date of publication of the Exploitation Concession, (ii) continue their mining activities until the mineral deposit has been exhausted, in accordance with the Economic Exploitation Plan (Plano de Aproveitamento Econômico) approved by ANM and (iii) refrain from suspending mining activities without prior notice to ANM.

Tax laws relating to mining

During the exploration period, the mining titleholder has to pay an Annual Rate per Hectare (Taxa Annual por Hectare or TAH), subject to a maximum value set by law. In the exploitation period, regardless of the legal regime governing the project (whether

claimstake or granted mines), the mining titleholder has to pay the Financial Compensation for Exploiting Mineral Resources (Compensação Financeira pela Exploração Mineral or CFEM). The CFEM which is 1.5 percent for gold is currently calculated based on revenues.

At the end of 2011 and the beginning of 2012, the states of Minas Gerais, Pará, Amapá and Mato Grosso do Sul each created a new tax (duty) on research, extraction and exploration activities as well as on the use of Mineral Resource carried out in those states. This tax could range from BRL3.00 to BRL6.50 per ton of ore extracted. In the states of Minas Gerais and Goiás, however, gold ore was exempted from the collection of this new duty.

Environmental laws relating to mining

Following the catastrophic failure of a tailings storage facility (TSF) operated by Vale in the state of Minas Gerais in January 2019, Brazilian executive, legislative and judiciary bodies have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and have been considering, and in some cases adopting, stricter laws and regulations applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs in Brazil. For example, some of the new measures under consideration or enacted include (without limitation):
A ban prohibiting construction of new upstream tailings dams;
New requirements mandating reinforcement and earlier-than-planned closure of existing upstream TSFs;
New requirements mandating removal of all tailings material from TSFs (“decharacterization”), regardless of the original design method, upon closure and prior to decommissioning and environmental rehabilitation;
New requirements mandating bi-annual (each year in March and September) TSF Stability Declarations for approved TSFs, signed by an external engineering consultancy and geotechnical senior manager as well as company directors, to be submitted to the ANM and the relevant state environmental agency;
New requirements for companies to place a surety bond in the preliminary permit phase; and
Banning permits for any new dam where there are communities within 10 km downstream or where a dam break could affect communities in less than 30 minutes (within the Self-Rescue Zone).

Furthermore, in addition to the 156 bills that were already being considered by the National Congress, another 51 bills dealing with the mining sector were presented in 2019 that may significantly impact the mining sector and the company. For example, Federal Bill No. 550/2019, if adopted, will require the company to complete the decharacterization (descaracterização) and decommissioning of its TSF at the Serra Grande mine in the state of Goiás, which was built by the upstream method, by 25 February 2022. For the company’s other TSFs in Brazil, all of which are downstream or “centreline” designs, the following options are permitted: either (i) the structure must be decharacterized and decommissioned, (ii) the population must be relocated, with reparations for loss of cultural heritage, or (iii) reinforcement works that guarantee the effective stability of the structure must be carried out, by decision of the public authorities, taking into account the previous nature of the dam in relation to the occupation and technical-financial viability of the alternatives. Even if reinforcement works are completed, the company will still be required to decharacterize and decommission the TSF at the end of the life of the mine. This bill also introduces the requirement to present a surety bond at the planning stages for the TSF. The mining sector, including the Minas Gerais Industry Association (FIEMG), the National Industry Association (CNI) and the Brazilian Mining Chamber (IBRAM), is liaising with the legislative authorities and other stakeholders in an effort to introduce amendments to this proposed bill which would mitigate some of the concerns identified by the mining industry, in particular, regarding the requirement to remove tailings material from decommissioned TSFs. As of yet, none of these new bills have been approved by the National Congress.

At the federal level, the ANM issued Resolution No. 13/19 in August 2019 (replacing its earlier Resolution No. 4/19) which adopted additional regulatory measures to ensure the stability of TSFs, in particular those built or heightened by the upstream method or by any method declared as “unknown”. Among other things, ANM Resolution No. 13/19 prohibits the upstream method for the construction or heightening of tailings dams throughout the national territory of Brazil. It further requires the deactivation of TSFs constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as the decommissioning of such TSFs by 15 August 2022 to 15 September 2027 (depending on the capacity volume). ANM Resolution No. 13/19 does not require complete removal of tailings material from TSFs. As a result, the Serra Grande mine in the state of Goiás is in the process of reinforcing the dam walls of its upstream TSF in advance of its expected deactivation by 15 September 2021. In addition, the company has begun the process of evaluating alternate structures for this upstream TSF, as well as any potential increases in regulatory and cost obligations as a result of new requirements applicable to TSFs.

At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which contained the state’s policy on TSF safety and should be implemented in conjunction with the equivalent federal policy. Among other things, Law No. 23.291/19 determines the criteria for licensing and inspecting TSF structures, prohibits TSFs constructed or heightened using the upstream method and holds management liable for non-compliance with its provisions.

AngloGold Ashanti’s rights and permits

At AGA Mineraçao, Cuiabá has a single concession covering a total area of 3,662 hectares, Lamego is covered by three geographically contiguous concessions totally 1,622 hectares and Córrego do Sítío is hosted by five geographically contiguous concessions covering a total area of 6,017 hectares. All of these are in good standing. At Serra Grande, the company has interests

in or agreements over 61,500 hectares in Crixas Greentone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. Brazilian mining concessions remain valid up to the depletion of the Ore Reserve and Mineral Resource pursuant to the Economic Exploitation Plan approved by the ANM and in accordance with the required environmental permits, and as a result do not have an explicit expiry date.

Colombia

General laws relating to mining and land ownership

General regime

The Colombian Constitution declares that the sub-soil and the non-renewable natural resources located within the Colombian territory are the property of the Colombian State. The underlying principle of Colombian mining legislation for the granting of mining concession contracts is first in time, first in law. Mining activities are regulated by the Colombian Mining Code, Act 685, 2001.

The filing of an exploration and exploitation proposal triggers a right of preference to obtain rights over the targeted area, provided it is available. Such area cannot exceed 10,000 hectares. Upon receipt of a proposal, the relevant government agency determines whether another proposal or contract already governs the area. If there are no pre-existing claims, the government agency grants the applicant a “free area”.

With respect to land ownership, a mining concession in Colombia does not grant the rights over the surface required to develop a mining project. Therefore, in order to develop a mining project, it is required to acquire and secure access to the land (soil). This can be achieved in several ways, such as (i) purchase of the land, (ii) a transit easement, (iii) a mining easement, and (iv) the special acquisition process or expropriation.

Concession contract

As the sub-soil and the non-renewable natural resources located within the Colombian territory are property of the Colombian State, the Colombian Mining Authority grants the authorization to explore and exploit minerals through a concession contract. 

Such concessions allow concessionaires to conduct the studies, works and facilities necessary to establish the existence of minerals and to organise their exploitation. Upon being awarded a mining concession, a company must take out an insurance policy to cover the costs associated with potential environmental damage as well as breaches of its mining obligations. It may then proceed with exploration activities. Once the exploration phase is complete, the concessionaire files a new plan regarding proposed works and facilities. With the award of the mining concession or tenement contract, there are specified timelines for the completion of the various phases of a mining project, e.g. exploration, construction, exploitation. The company must comply with these timelines unless performance is suspended, for example, due to force majeure or extensions or modifications to the timelines. A grant of force majeure is for one year and must be renewed on an annual basis. If the company does not comply with the specified timelines for the completion of the various phases of a mining project, the mining authority may revoke the company's concession contracts or mining licenses. As a general matter, any company that wishes to obtain a renewal of its concession contract must be up to date in all its legal and contractual obligations and must present a new plan of works and facilities to be implemented after the contract is renewed.

PINES program

In 2013, the federal government instituted the PINES program designed to aid promoting certain projects that are deemed to have a national interest. This designation provides for greater oversight from the national government. All of our three advanced exploration projects (La Colosa, Quebradona and Gramalote) were considered of national strategic interest. Currently, Quebradona and Gramalote remain in the PINES program, but La Colosa was temporarily removed as such (until the force majeure is over).

Tax laws relating to mining

From the moment the concession contract is registered with the Mining Register, the concessionaire has several financial obligations, including the payment of (i) a surface fee during the exploration, construction and assembly stage and (ii) royalties.

Once exploration is complete and the mining infrastructure in place, the concessionaire must begin paying royalties to the Colombian government, consisting of a percentage of the primary product and sub-products being exploited. The percentage of the royalty depends on the regulation in force when the concession contract is signed. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a 5 percent royalty for copper on the production value at the mine’s or well’s edge (i.e. when extracted from the subsoil). In case of gold and silver, a royalty of 4 percent on the production valued at the mine’s or well’s edge (i.e. when extracted from the subsoil) was established.

Furthermore, Colombian law establishes that once the environmental license is granted the concessionaire must invest 1 percent of the project’s value to benefit the basins covered by the environmental license.


Environmental laws relating to mining

In order to obtain an authorization from the National Environmental Licensing Authority of Colombia to carry out a project, the company must prepare an Environmental Impact Study (E.I.A.) for approval by this authority.

Global environmental licenses are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination.

AngloGold Ashanti’s core mining concession contracts provide that the mining authority has the discretion to declare the underlying concession void if the specific company which holds the concession breaches applicable environmental laws or regulations. If the mining authority were to exercise such discretion against it, such company would be required to abandon its projects and all of its other existing mining concession contracts. Pending proposals for new mining concession contracts would also be cancelled and the company would be banned from doing business with the Colombian government for a period of five years. As a result, the company would be unable to conduct any mining exploration or development activities during such period. However, this would not affect other AngloGold Ashanti subsidiaries operating in Colombia, which hold singularly or in concert with joint venture partners the majority of the company’s concession contracts in Colombia.

There are some areas where mining activity is prohibited. These areas are national parks, regional parks, protected forest reserves, paramos (included in Act 1753, introduced in 2015) and wetlands, pursuant to the Ramsar Convention on Wetlands of International Importance.Some forest reserves are not “protected” but are set aside for active forestry purposes. Such forest reserves must be “extracted” after initial prospection, meaning that the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, Resolution 187/2016, passed by the federal government in late 2016, identifies areas that the Ministry of the Environment has determined to be “paramos” areas, or paramos transition areas. In these areas there are limitations on industrial or commercial work being performed, including mining. The regulation also specifies a process to determine what work, if any, can be performed in a paramos-designated area.

AngloGold Ashanti’s rights and permits

The La Colosa project managed by AngloGold Ashanti Colombia S.A. (AGA Colombia) remains in force majeure due to the delays in the granting of the environmental permits by the local environmental authority, thereby preventing AGA Colombia from undertaking further exploration activities. The current one-year grant of force majeure will expire on 22 June 2020 and the request for an extension is pending. AGA Colombia applied for a mining area integration (consolidation) of its concession contracts related to La Colosa, in respect of which AGA Colombia was not in compliance with some of the specified timelines. The application for mining area integration (consolidation) was approved in March 2017, which remedied the non-compliance of each consolidated concession and reset the specified timelines. La Colosa now has a single concession which covers a total area of 9,210 hectares and expires on 28 February 2037.

Minera de Cobre Quebradona S.A. (MCQ) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016. As a result, MCQ was granted the exclusive right to explore, take ownership and dispose of the mineral reserves (ore) extracted from the concession area. MCQ has the right to request an extension of up to 30 years, at least two years before the expiration of the operating period. This extension is not automatic, and the request must be filed with new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract 5881 is in its third year of the exploration phase and the Quebradona project requested the Mining Authority for an extension of 2 more years.

United States of America

Nevada

Mineral and surface rights in the United States are owned by private parties, state governments or the federal government. The majority of land utilised for precious metals exploration, development and mining in the western United States is owned by the federal government, and often the state government will have an ownership interest in minerals, regardless of whether the state is the surface owner. The right to mine on such federal land in western states is governed by the U.S. General Mining Law of 1872, as amended (General Mining Law). The General Mining Law allows mining claims on certain federal lands upon the discovery of a valuable mineral deposit and proper compliance with claim location and maintenance requirements.

In Nevada, AngloGold Ashanti (U.S.A.) Exploration Inc. is advancing a joint venture property, the Silicon Project, on federal lands through an Earn-in Option Agreement for 277 mining claims, covering an area of approximately 5,700 acres. Additionally, a further 1,414 mining claims (29,215 acres) in the name of AngloGold Ashanti North America Inc. are also being explored. On these lands, AngloGold Ashanti (U.S.A.) Exploration Inc. is currently engaged in early-stage exploration activities that include, but are not limited to, geological and spectral mapping, surface geochemical sampling, geophysical surveying and RC and/or diamond drilling.

Mineral exploration activities in Nevada are also generally subject to applicable federal, state, and local permitting requirements, but the specific regulatory authorizations required for the company’s activities are based on the nature and location of the exploratory

work.  AngloGold Ashanti (U.S.A.) Exploration Inc.’s Nevada operations are currently conducted under what is generally referred to under federal law as a notice-level operation subject to 43 CFR § 3809.21. The federal Bureau of Land Management (BLM) issued a Notice of Decision for the Silicon Project approving the proposed exploration operations on 1 November 2017.  The BLM determined that the operations would not cause unnecessary or undue degradation as defined under 43 CFR § 3809.5. Three amendments to the Notice of Decision have been authorized by the BLM in letters dated 31 January 2018, 2 April 2018, and 4 October 2018. The Notice of Decision requires reclamation of the drill pads and roads, including the reseeding of disturbed lands. The Notice of Decision also set the financial guarantee amount for reclamation. The Notice of Decision includes a renewable 2-year term from the date of the last amendment to the Notice.

The BLM issued a Notice of Decision for the Rhyolite North Project approving the proposed exploration operations on 14 January 2020. The Rhyolite North Project, situated within the Nye County of south-western Nevada, is wholly owned by AngloGold Ashanti North America Inc. It is an early-stage exploration project managed by AngloGold Ashanti (U.S.A.) Exploration Inc. and is currently comprised of 237 unpatented mining claims.

Nevada’s Bureau of Mining Regulation and Reclamation (BMRR) also regulates mining within the state.  Exploration projects of 5 acres or less, the scope of a notice-level operation under federal law, are exempt from BMRR regulation. AngloGold Ashanti’s current exploration programs fall within this exemption.

AngloGold Ashanti (U.S.A.) Exploration Inc. has initiated a subsequent permitting process for the Silicon Project to increase the exploration activities beyond the 5-acre notice level. This process was initiated in 2019 with the completion and submission of the required environmental baseline studies and the submission of a Plan of Operation and Reclamation Plan to the BLM and BMRR. The permitting process is expected to be completed in 2020 and decisions from the BLM and BMRR are expected to be received in the same year.

Minnesota

In Minnesota, AngloGold Ashanti Minnesota Inc. completed early-stage reconnaissance exploration activities to determine the potential for gold mineralization in the northern counties of Minnesota. Based on the achieved results, the company has decided to terminate its exploration activities in the state and it is currently in the process of closing out activities in accordance with state and company requirements.

Potential regulatory changes

Over the years, the U.S. Congress has considered a number of proposed amendments to the General Mining Law and other federal statutes relating to mining. Among the significant features contained in previously proposed legislation were a production royalty obligation, new and more stringent environmental standards and conditions, additional reclamation requirements, extensive new procedural steps which would likely result in extended permitting timelines and granting counties the ability to petition the U.S. Secretary of the Interior to make certain areas unavailable for the location of unpatented mining claims. The U.S. Environmental Protection Agency has also proposed potential revisions to financial assurance requirements relating to mineral development activities.

AGA is currently unaware of any new federal or state legislative or regulatory changes or rule-making that has been proposed or enacted that would adversely affect its current exploration programs. If any of the above-referenced provisions were adopted in the future, the company’s operations in Nevada could be adversely affected.


MINE SITE REHABILITATION AND CLOSURE

Closure, an integral part of operations

All mining operations eventually cease. An integral aspect of operating AngloGold Ashanti’s mines is ongoing planning for and, where feasible, implementation of concurrent rehabilitation, together with an estimate of associated liability costs and the placement of adequate financial provisions and assurances to cover these costs.

AngloGold Ashanti revised its group closure planning management standard in 2013 and all of its operations are required to comply with the standard, as well as applicable law and regulations, as their closure plans are reviewed and updated.

Closure planning is an activity that starts at the exploration and mine design stage and continues throughout the life of mine:
New projects include a closure plan which takes into account future closure and associated rehabilitation and other costs.
The closure plan is reviewed annually and updated every three years (annually in the final three years of a mine’s life) or whenever significant changes are made, taking into account operational conditions, planning and regulatory requirements, international protocols, technological developments and advances in practice.


For many of the older mines, closure planning and the evaluation of environmental liabilities is a complex process. This is particularly so in Brazil, Ghana and South Africa, where many of the mining and other operations have taken place for more than fifty years. A particular challenge is concurrent rehabilitation, which is carried out while a mine is still operational. This practice serves to decrease the ultimate liability and reduces the final rehabilitation and closure work that must be undertaken, but has the potential to sterilise Ore Reserve, which the company might wish to exploit should conditions, such as the gold price, change.

The company’s closure standard stipulates that closure planning must be undertaken in consultation with the community. In the course of these consultations, different issues are raised which require site-specific solutions. Livelihood preservation and infrastructure are often key requirements. Communities also require information on the company’s rehabilitation of the landscape and on any lasting environmental impacts. Long-term remediation obligations, including decommissioning and restoration liabilities relating to past operations, are based on environmental management plans and compliance with current environmental and regulatory requirements.

Provisions for decommissioning and rehabilitation costs are made when there is a present obligation, it is probable that expenditure on decommissioning and rehabilitation work will be required and the cost can be estimated within a reasonable range of possible outcomes. These costs are based on currently available facts, technology expected to be available at the time of the clean-up, laws and regulations presently or virtually certain to be enacted and previous experience in the rehabilitation of mine sites.

Decommissioning costs and restoration costs are provided at the present value of the expenditures expected to settle the obligation, using estimated cash flows based on current prices. Estimates are discounted at a pre-tax rate that reflects current market assessments of the time value of money.

Provisions for decommissioning and for restoration (excluding joint ventures) increased from $637 million in 2018 to $730 million in 2019 (including the rehabilitation obligations transferred to held for sale liabilities and associated with our pending sale of operations in Mali and South Africa). This increase mainly relates to proposed requirements regarding the removal of tailings materials from tailings storage facilities in Brazil upon closure and decommissioning (a process known as “decharacterization”) and changes in discount rates based on global economic assumptions. The provisions were also impacted by changes in mine plans, resulting in a change in cash flows and changes in design of tailings storage facilities and in methodology following requests from the environmental regulatory authorities.


ENVIRONMENTAL, HEALTH AND SAFETY MATTERS

In addition to post-mining land rehabilitation and closure requirements, AngloGold Ashanti is subject to extensive environmental, health and safety (EHS) laws and regulations in the various jurisdictions in which the company operates. These requirements govern, among other things, extraction, use, conservation and discharge of water; air emissions (including dust control and greenhouse gases); regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; worker health and safety and community health; and the generation, transportation, storage and disposal of solid and hazardous wastes, such as reagents, radioactive materials, and mine tailings. Environmental laws and regulations applicable to our operations, including the requirements contained in environmental permits, are generally becoming more restrictive. Significant EHS requirements, risks and trends affecting our mining and processing operations are described below.

Regulatory Compliance

Capital and operating costs to comply with EHS laws and regulations have been, and are expected to continue to be, significant to AngloGold Ashanti. In addition, AngloGold Ashanti could incur fines, penalties and other sanctions, environmental clean-up costs, and third-party claims for personal injury or property or natural resources damages; suffer reputational damage; and be required to install costly pollution control equipment or to modify or suspend operations, as a result of actual or alleged violations of, or liabilities under, EHS laws and regulations. Failure to comply with applicable EHS laws and regulations may also result in the suspension or revocation of permits and, in some jurisdictions, our right to mine a given concession. AngloGold Ashanti’s ability to obtain and maintain permits and other approvals and to successfully operate near particular host communities may be adversely impacted by real or perceived effects on the environment or human health and safety associated with AngloGold Ashanti’s or other mining companies’ activities. In addition, unknown environmental hazards may exist at the company’s properties which may have been caused by previous owners or operators.

Water Management

AngloGold Ashanti’s mining and processing operations are heavily dependent upon access to substantial volumes of water required for such operations. Typically, water-use permits or water rights in each country impose limits on the quantity of water that can be extracted from certain sources and require, among other things, that wastewater from mining operations meet certain water quality criteria if discharged to the environment. Water supply, quality and usage are areas of interest globally, but are particularly significant for operations in Brazil, Ghana and South Africa, and for exploration projects in Colombia, where there is significant potential environmental and social impact and a high level of stakeholder scrutiny. Any failure to secure access to suitable water supplies, or achieve and maintain compliance with the requirements of our permits or licenses, could result in curtailment or suspension of

production at the affected operation. Incidents of water pollution or shortage can, in extreme cases, lead to community protest and ultimately result in the withdrawal of community and government support for the company’s operations.

Where feasible, the company operates a “closed loop” system which recycles the water used in its operations without discharging it to the environment. In some areas, however, such as Ghana and Brazil, high levels of rainfall and surface water runoff mean that a closed loop system is not feasible and that discharges, after water treatment where necessary, must take place.

Waste Management

Mining and mineral processing operations generate waste rock and tailings.

During open-pit mining, large volumes of soil and/or rock (overburden) are mined to expose the ore body. Similarly, waste rock is mined during drilling and developing access to underground ore bodies. Overburden and waste rock typically contain sub-economic levels of gold and are deposited as large waste rock facilities. Mine tailings are the process waste generated once grinding and extraction of gold from the ore is completed in the milling process and are deposited as slurry in large storage facilities specifically designed for this purpose.

The impact of dust generation, breach, leak, or other failure of a waste rock or tailings storage facility (TSF), including any associated dam, can be significant, and the company therefore monitors such facilities closely in accordance with the company’s internal standards, independent review, national regulatory requirements and commitments made to local communities. The occasional well-publicised failure of a third-party tailings facility and the potential impact of such failure also mean that these facilities are generally tightly regulated. An incident at the company’s operations could result, among other things, in enforcement, obligations to remediate environmental contamination, negative press coverage, and claims for property or natural resources damages and personal injury by adjacent communities. Incidents at other mining companies’ operations could result in governmental action to tighten regulatory requirements and restrict certain mining activities, in particular with respect to TSFs, also in respect of other mine operators in that region. For example, following the catastrophic failure of a TSF at an iron ore mine owned by Vale in the state of Minas Gerais in Brazil in January 2019, tailings were discharged into the mine’s administrative area and part of the local community, reportedly resulting in deaths and injuries to hundreds of people. As a result of this incident, there has been considerably increased regulatory scrutiny in Brazil and other areas on mining operations generally, and the requirements applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs have generally become far more stringent. In particular, in Brazil, new TSFs in the upstream design method have been prohibited by the Brazilian National Mining Agency (ANM) and decommissioning of all existing upstream TSFs has been ordered. As a result, we will be required to reinforce, and decommission by February 2022, the TSF at our Serra Grande mine, located in the state of Goiás. The incremental costs for reinforcing the walls of this facility and, ultimately, for decommissioning and closing the TSF in compliance with new legislation, are likely to be material. We will also be required to reinforce or decommission all TSFs in Brazil constructed based on the downstream design method by 2025. Moreover, a bill currently pending in the National Congress in Brazil would require all tailings materials to be removed from the TSF (a process known as “decharacterization”) in connection with closure and decommissioning. If passed, the additional costs associated with decharacterization are likely to be material to AngloGold Ashanti. Finally, the suspension of environmental licensing permit processes for TSFs in the state of Minas Gerais has delayed approval processes with respect to our operating permits, and may compromise our production plans in respect of our Minas Gerais operations. Further and more substantial amendments to the regulatory requirements in Brazil governing such TSFs and related dams are anticipated in 2020. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine”.

Groundwater Impacts and Environmental Remediation

AngloGold Ashanti has identified groundwater contamination plumes at certain of its operations. Numerous scientific, technical and legal studies have been undertaken to assist in determining the magnitude of the impact and to find sustainable remediation solutions. Based on those studies as well as discussion with regulators, the company has taken steps, including monitored natural attenuation and phyto-technologies, to address soil and groundwater contamination. Subject to the completion of trials and the technology being a proven remediation technique, no reliable estimate can be made at this time for the obligation. Should these obligations be significant, this could have a material adverse impact upon AngloGold Ashanti’s results and its financial condition.

As AngloGold Ashanti or its predecessors have a long history of mining operations in certain regions, issues may arise regarding historical environmental impacts on those areas, for which AGA, as the current owner/operator, may be legally responsible.

In addition, AngloGold Ashanti identified a flooding and future pollution risk to deep groundwater in the Far West Rand goldfields in South Africa, which includes AngloGold Ashanti’s operations. The premature closure of neighbouring mines owned by other mining companies in the area led to increased pumping obligations on AngloGold Ashanti to address water infiltration into AGA’s mines. In addition, in the West Wits district, after Blyvooruitzicht Gold Mining Company was placed in provisional liquidation in August 2013, AngloGold Ashanti purchased from Blyvooruitzicht the rights of access to the 4 and 6 shafts as well as the relevant infrastructure to continue pumping underground water. We subsequently transferred the assets and rights to a newly incorporated subsidiary Covalent Water Company and, in November 2014, obtained a directive from the Department of Water and Sanitation directing AngloGold Ashanti through Covalent to dewater 4 and 6 shafts and discharge the water. AGA continues to comply with the directive.


Climate Change and Greenhouse Gas Regulation

Greenhouse gases (GHGs) are emitted directly by AngloGold Ashanti’s operations, as well as by external utilities from which AngloGold Ashanti purchases electricity.

As a result of commitments made at the UN Climate Change Conference in Durban, South Africa in December 2011, certain members of the international community negotiated a treaty at the Conference of the Parties of the UN Framework Convention on Climate Change in Paris in December 2015 (Paris Agreement). The Paris Agreement, which came into force on 4 November 2016, requires developed countries to set targets for emissions reductions. Additional measures designed to limit or reduce GHG emissions, both mandatory and voluntary, may be implemented at national or international levels in various countries.

For example, in South Africa, the Carbon Tax Act, No. 15 of 2019, imposing a tax on carbon dioxide equivalent of GHG emissions, took effect on 1 June 2019. The tax will be implemented in a phased manner, taking into account South Africa’s Nationally Determined Contributions (NDCs) commitment under the Paris Agreement to reduce greenhouse gas emissions. The first phase, which runs from June 2019 to December 2022, imposed a tax of ZAR120/ton carbon dioxide equivalent (CO2-e) of direct GHG emissions, which will increase by CPI plus two percent up to 2022 and in line with inflation thereafter. As this first phase is designed to be revenue-neutral in terms of its aggregated impact, a system of rebates is in place effectively reducing the actual rate to be in a range of ZAR6/ton to ZAR48/ton.

These, or future, measures could require AngloGold Ashanti to reduce its direct GHG emissions or energy use or to incur significant costs for GHG emissions permits or taxes, including for those costs or taxes passed on by electricity utilities which supply the company’s operations. AngloGold Ashanti could also incur significant costs associated with capital equipment, GHG monitoring and reporting and other obligations to comply with applicable requirements. The most likely source of these obligations is through state-level implementation of new emissions or financial obligations pursuant to evolving climate change regulatory regimes.

For example, in 2010, Brazil launched the National Climate Change Policy, which established a voluntary reduction target of 1.2 billion tonnes of CO2 below the projected emissions in 2020. The policy required the development of sector-specific plans in order to meet the target. Amongst other plans, it is intended to reduce deforestation in the Cerrado biome, where AngloGold Ashanti operates, by 40 percent compared to the average deforestation in 1999-2008 and expand renewable energy production and energy efficiency programmes. The policy also provided for a Brazilian GHG trading scheme, which is yet to be designed. While Brazil is not yet requiring mandatory GHG emissions reporting at the national level, some state environmental agencies have requested companies to voluntarily submit GHG emissions management plans, however Goiás and Minas Gerais State (in which AngloGold Ashanti operates) do not currently require GHG emissions management plans for mining projects.

In Australia, the Commonwealth Government introduced the Safeguard Mechanism (Rule 2015) through the existing National Greenhouse and Energy Reporting (NGER) scheme, to provide a framework for Australia’s largest emitters to measure, report and manage their emissions. It does this by encouraging large facilities, whose net emissions exceed the safeguard threshold, to keep their emissions at or below emissions baselines set by the Clean Energy Regulator. The safeguard mechanism applies to facilities with Scope 1 covered emissions of more than 100,000 tonnes of CO2-e per fiscal year. The Australian mining operations (Sunrise Dam and Tropicana) had emissions baselines set in 2016 for a 3-year period (expired in 2019) which were reported annually through the NGER scheme. During the 2018/19 fiscal year, Tropicana’s emissions were within its authorised threshold and Sunrise Dam was required to purchase offsets for emissions that were 0.8% above its safeguard threshold, the cost of which was immaterial. The Australian mining operations are in the process of re-calculating their respective emissions baselines in 2020 to comply with the changes in Rule 2015 which adopt government-determined prescribed production variables.

In addition to more stringent requirements and commitments, AngloGold Ashanti’s operations are subject to a number of physical risks from climate change, such as changes in rainfall rates or patterns resulting in floods or droughts, rising sea levels, reduced water availability, higher temperatures and extreme weather events. Such events or conditions, particularly including flooding or inadequate water supplies, could disrupt mining and transport operations, mineral processing and rehabilitation efforts, create resource or energy shortages or damage the company’s property or equipment and increase health and safety risks on site.

Occupational and Community Safety and Health and Tropical Diseases

Safety is a significant sustainable development challenge facing AngloGold Ashanti. AngloGold Ashanti’s operations are subject to a variety of laws and regulations designed to protect and improve the safety and health of employees. In some of the jurisdictions in which AngloGold Ashanti operates, the government enforces compulsory shutdowns of operations to enable investigations into the cause of accidents at those operations. 

Throughout the year we have continued to improve our safety performance across our global operations, which remains a top priority for AngloGold Ashanti. We pursue and continually adapt strategies in line with recognised leading practice in global safety standards and systems in working towards our 2030 goal of providing workplaces free of injury and harm for our employees and contractors. Our progress to date is the cumulative result of numerous interventions over several years, including the development of our 2015 strategy, which designed with the input of operating teams across our business as well as representatives from the Executive Committee, management and employees. To ensure that our strategy remains relevant and focused, we reassess its look at risk management, technology and innovation, leadership, people and work processes. We also adhere to global standards

and are rolling out ISO 45001:2018, which has replaced the OHSAS 18001:2007 series. All our sites are currently OHSAS 18001:2007 certified and three operations, Sunrise Dam, Siguiri and Geita, have already converted to the ISO 45001:2018 standard.

In addition, AngloGold Ashanti is subject to health and safety regulations relating to occupational disease. The primary areas of focus in respect of occupational health of employees within the company’s operations are noise-induced hearing loss (NIHL) and occupational lung diseases (OLD). OLD includes occupational tuberculosis and silicosis in individuals exposed to silica dust. Silicosis has been particularly prevalent in South Africa and has also arisen at the company’s Continental Africa and Brazilian operations, albeit to a far lesser extent. AngloGold Ashanti provides occupational health services to its employees at its occupational health centres and clinics, and continues to improve preventative occupational hygiene initiatives, such as implementing various control measures to prevent hazardous exposures, and providing employees with Personal Protective Equipment. It is believed that the costs associated with activities to prevent disease would be substantially lower than those associated with managing the consequences of occupational disease. Actual and alleged health and safety incidents or breaches of standards may also adversely impact the company’s reputation.

The South African government, by way of a cabinet resolution in 1999, proposed a possible combination and alignment of benefits of the Occupational Diseases in Mines and Works Act (ODMWA) that provides for compensation to miners who have OLD, and the Compensation for Occupational Injuries and Diseases Act (COIDA), that provides for compensation in respect of job related injuries and compensation of non-miners who have OLD. Work on amending ODMWA is underway, although it remains unclear as to what progress will be made in the short- to medium term. COIDA provides for compensation payments to workers suffering permanent disabilities which are classified as pension liabilities if the permanent disability is above a certain threshold, or a lump sum compensation payment if the permanent disability is below a certain threshold. ODMWA provides for a lump sum compensation payment to workers suffering from OLD as well as the payment of medical expenses over the claimant’s lifetime. If the proposed amendments to ODMWA were to occur, this could further increase the amount of statutory compensation that miners employed by AngloGold Ashanti could claim, which consequently could have an adverse effect on AngloGold Ashanti’s financial condition.

In 2019, the Johannesburg High Court approved the settlement of existing silicosis and tuberculosis class actions against AngloGold Ashanti and other gold mining companies in South Africa. Please refer to “Item 8A: Consolidated Financial Statements and Other Financial Information-Legal Proceedings-South Africa-Silicosis and tuberculosis litigation”.

In addition to OLD, AIDS and associated diseases remain major health care challenges faced by AngloGold Ashanti’s South African operations. AngloGold Ashanti continues to implement programmes to help those infected with HIV and prevent new infections from spreading. Since 2001, the company has offered a voluntary counselling and HIV testing programme for employees in South Africa and, since 2003, has offered anti-retroviral therapy to HIV positive employees who meet the current medical criteria and who desire this treatment. Over the past 10 years, the incidence of new infections has declined.

Malaria and other tropical diseases also pose health risks at all of the company’s operations in Central, West and East Africa where such diseases may assume epidemic proportions because of ineffective national control programmes. Malaria is a major cause of death in young children and pregnant women but also gives rise to deaths and absenteeism in adult men. All affected company operations have malaria control programmes in place.

Other conditions such as heart disease, chronic diseases and obesity are of increasing incidence and concern. Such diseases impair the health of workers and negatively affect productivity and profitability as a result of workers’ diminished focus or skill, absenteeism, treatment costs and allocated resources.

AngloGold Ashanti cannot guarantee that any current or future medical programme will be successful in preventing or reducing the injury and illness rates amongst its employees or in affecting consequent morbidity or mortality rates. AngloGold Ashanti may incur significant costs in addressing this issue in the future, which could also adversely impact the company’s results of operations and financial condition.


ANGLOGOLD ASHANTI GLOBAL OPERATIONS: 2019


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Operations and projects
AMERICASCONTINENTAL AFRICASOUTH AFRICA
1
Argentina4
Guinea9
South Africa
 
Cerro Vanguardia (92.5%)(1)
 Siguiri (85%) 
Mponeng(6)
2
Brazil5
Mali 
Surface Operations(6)
 Serra Grande 
Morila (40%)(5)
  
 AGA Mineração 
Sadiola (41%)(3)
  
3
Colombia6
Ghana  
 Gramalote (51%) IduapriemAUSTRALIA
 La Colosa 
Obuasi(4)
10
Australia
 
Quebradona(2)
7
DRC Sunrise Dam
   
Kibali (45%)(5)
 Tropicana (70%)
 8
Tanzania  
   Geita  
      

Percentages indicate the ownership interest of AngloGold Ashanti. All operations are 100%-owned unless otherwise indicated.
(1)
Sale process ongoing (at an advanced stage).
(2)
In 2019, the company’s joint venture partner’s, B2Gold Corp, minority shareholding was converted to a share of profits. Likely to be a copper mine producing gold and silver as by-products.
(3)
Agreement and sale announced December 2019.
(4)
Obuasi's redevelopment project began in 2019.
(5)
Kibali and Morila are managed and operated by Barrick Gold Corporation (Barrick).
(6)
Agreement and sale announced post year end in February 2020.


OPERATING PERFORMANCE

Group description

AngloGold Ashanti, an independent, global gold mining company with a globally diverse, high-quality portfolio of operations and projects, is headquartered in Johannesburg, South Africa. Measured by production, AngloGold Ashanti is the third largest gold mining company in the world.

Our portfolio of 14 operations in nine countries excluding our South African assets and Sadiola mine which are held for sale, includes long-life operating assets with differing ore body types located in key gold-producing regions around the world. These operating assets were supported by three greenfields projects in a tenth country (Colombia) and a focused global exploration programme.

Our operations and projects are grouped into the following regions: Continental Africa, South Africa, Americas and Australia.

The most significant project milestone achieved during the year was the pouring of first gold at the Obuasi Mine in Ghana on 18 December 2019, bringing Phase 1 of the Redevelopment Project to a conclusion on time and within budget.

Processes to sell assets in Mali, South Africa and Argentina progressed during the year. On 23 December 2019, the Company announced that it had reached an agreement to sell its interest in the Sadiola Mine, and on 12 February 2020, the Company announced that it had reach an agreement with Harmony Gold Mining Company Limited to sell all its remaining South African producing assets and related liabilities. In Argentina, the sales process related to Cerro Vanguardia continues.

AngloGold Ashanti’s operations and joint ventures employed, on average, 34,263 people (including contractors) in 2019 (2018: 44,249). The 23% decrease in employees is mostly due to the reduction of employee numbers in the South Africa region as a result of the restructuring of the South African operations in 2019.

Performance (including discontinued operations)

In 2019, AngloGold Ashanti produced attributable 3.3 million ounces (Moz) of gold (2018: 3.4Moz) as well as 3.7Moz of silver and 199 tonnes of sulphuric acid as by-products.

Production of 3.3 Moz of gold was achieved at a cost of sales of $3.1 billion and an all-in sustaining cost of $ 1,034/oz for subsidiaries and $767/oz for equity accounted joint venture operations compared to a production of 3.4Moz in 2018 at a cost of sales of $3.2 billion and all-in sustaining cost of $1,000/oz for subsidiaries and $820/oz for equity accounted joint venture operations.

Gold
The AngloGold Ashanti gold Ore Reserve reduced from 44.1Moz in December 2018 to 43.8Moz in December 2019. This gross annual decrease of 0.3Moz includes depletion of 3.7Moz. The increase after depletions of 3.4Moz, results from additions due to exploration and modelling changes of 3.6Moz, changes in economic assumptions of 0.4Moz and a change in ownership of 0.1Moz. Other factors resulted in a 0.7Moz reduction.

Copper
The AngloGold Ashanti copper Ore Reserve increased from 1.26Mt (2,769Mlbs) in December 2018 to 1.39Mt (3,068Mlbs) in December 2019. This gross annual increase of 0.14Mt includes an increase of 0.07Mt due to methodology and 0.07Mt due to change in ownership from 94.876% to 100% as B2Gold’s shareholding has been converted to a share of profits.

Capital expenditure, including equity accounted joint ventures, in 2019 amounted to $814 million (2018: $721 million).

Safety

There were no fatalities across the group’s operations in 2019. The all injury frequency rate was 3.31 per million hours worked compared to 4.81 in 2018. Regrettably, there have been four fatalities across the group’s operations post year-end resulting from a seismic event as well as a tramming accident at the Mponeng mine in South Africa.

CONTINENTAL AFRICA


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AngloGold Ashanti had seven mines in the region sixduring 2019, four of which are currently in operation. AngloGold Ashanti manages fouroperation and two treating tailings. The redevelopment of the six operations. Obuasi ismine in Ghana began in 2019 and first gold was poured in December 2019. The sale of Sadiola was announced on care and maintenance and was not operational during 2017. Closure is underway at Yatela.23 December 2019.

 
Attributable gold production
(000oz)

 
Average number of  
employees  

Subsidiary operations   
2.    Ghana   
Iduapriem228
 1,598
Obuasi3
 1,066
3.    Guinea   
Siguiri 85%323
 3,353
5.    Tanzania   
Geita539
 4,251
 
Joint venture operations
1.    Democratic Republic of the Congo
   
Kibali 45%268
 2,428
4.    Mali   
Morila 40%28
 305
Sadiola 41%63
 592
 
Attributable gold production
(000oz)
 
Average number of  
employees  

Subsidiary operations   
Ghana   
Iduapriem275
 1,801
Obuasi2
 2,924
Guinea   
Attr. Siguiri 85%213
 3,056
Tanzania   
Geita604
 5,066
 
Joint venture operations
Democratic Republic of the Congo   
Attr. Kibali 45%366
 2,239
Mali   
Attr. Morila 40%27
 354
Attr. Sadiola 41%51
 346

Continental Africa - Key Statistics
Unit 2017
 2016
 2015
Unit 2019
 2018
 2017
Subsidiary operations            
Tonnes treated/milledMt 20.3
 20.8
 20.8
Mt 19.1
 19.5
 20.3
Pay limitoz/t 0.038
 0.034
 0.039
oz/t 0.039
 0.040
 0.038
g/t 1.130
 1.151
 1.183
g/t 1.330
 1.372
 1.130
Recovered gradeoz/t 0.054
 0.046
 0.049
oz/t 0.060
 0.049
 0.054
g/t 1.84
 1.59
 1.68
g/t 1.77
 1.69
 1.84
Gold production (attributable)000oz 1,094
 955
 1,028
000oz 1,094
 1,060
 1,093
Cost of sales$m 1,070
 925
 969
$m 1,173
 1,127
 1,071
Total cash costs (1)
$/oz 686
 674
 687
$/oz 801
 813
 686
All-in sustaining costs (2)(1)
$/oz 909
 886
 861
$/oz 947
 941
 909
Capital expenditure$m 290
 191
 183
$m 359
 246
 290
Safety            
Number of fatalities 0
 0
 1
 0
 0
 0
AIFRPer million hours worked 0.48
 0.31
 0.29
Per million hours worked 0.62
 0.51
 0.28
People            
Average no of employees: Total 10,268
 9,599
 8,907
 12,847
 11,490
 10,268
Permanent employees 4,523
 4,441
 4,876
 4,939
 4,625
 4,523
Contractors 5,745
 5,158
 4,031
 7,908
 6,865
 5,745

(1) Includes Obuasi gold production in 2019, capitalised as part of the project development.
 Unit 2019
 2018
 2017
Joint venture operations       
Tonnes treated/milledMt 7.5
 7.8
 7.7
Pay limitoz/t 0.037
 0.041
 0.045
 g/t 1.255
 1.403
 1.528
Recovered gradeoz/t 0.060
 0.053
 0.047
 g/t 1.85
 1.81
 1.10
Gold production (attributable)000oz 445
 452
 360
Cost of sales$m 428
 480
 441
Total cash costs (1)
$/oz 657
 680
 819
All-in sustaining costs (1)
$/oz 767
 820
 1,087
Capital expenditure$m 51
 67
 119
Safety       
Number of fatalities(2)
  0
 0
 0
AIFR (2)
Per million hours worked 0.65
 0.29
 1.25
People       
Average no of employees: Total  2,939
 3,343
 3,325
Permanent employees  1,192
 1,072
 944
Contractors  1,747
 2,271
 2,381

(1) 
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results”Results-Non-GAAP analysis”.
(2)
Excludes stockpile impairments.Morila and Kibali which are managed by Barrick and not AngloGold Ashanti.
 Unit 2017
 2016
 2015
Joint venture operations       
Tonnes treated/milledMt 7.7
 6.8
 6.4
Pay limitoz/t 0.045
 0.038
 0.041
 g/t 1.528
 1.294
 1.407
Recovered gradeoz/t 0.047
 0.052
 0.064
 g/t 1.10
 1.79
 2.19
Gold production (attributable)000oz 359
 356
 407
Cost of sales$m 440
 406
 378
Total cash costs (1)
$/oz 822
 809
 656
All-in sustaining costs (1)(2)
$/oz 1,087
 955
 701
Capital expenditure$m 119
 100
 132
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 2.08
 1.95
 3.64
People       
Average no of employees: Total  3,325
 3,092
 3,040
Permanent employees  944
 890
 895
Contractors  2,381
 2,202
 2,145


Production and costs

TheProduction from the Continental Africa region delivered a 10 percent increasesubsidiaries increased to 1.094Moz in production2019 compared to the previous year. Exceptional1.060Moz in 2018. The joint venture operations decreased production performances recordedto 445Moz compared to 452Moz in 2018. The increase was largely due to record production at Siguiri, Iduapriem, and Geita were offset by lower output from Sadiola as the remaining oxide ore mining sources are depleted.good performance at Geita.


Geita’sGold production increased by 10 percentat Iduapriem was 8% higher at a record 275,000oz compared to 2016,254,000oz in 2018, primarily a result of a 14% improvement in plant feed. The grade improvement was driven by better grade control and access to Cut 1 area in the Teberebie pit where stripping commenced in 2017. Production was impacted by a 10 percent5% year-on-year decline in tonnage throughput due to lower plant availability owing to an unstable power supply from the national grid in the first half of the year and mill downtime in the last quarter of the year to repair a cracked trunnion journal on Sag Mill 2. The power supply challenge has since been resolved by changing over to Volta River Authority (VRA) and Ghana Grid Company.

Geita produced 604,000oz in 2019, the highest level in 13 years, 7% higher compared to 564,000oz in 2018. The operation is transitioning to predominantly underground operations, with a 10% increase in recovered grade,grades achieved on the back of additional flexibility in the blending strategy resulting in improved recovery rates. Record quarterly production of 208,000oz was achieved in the last quarter of the year, largely a result of the higher volumes of tonnes treated and higher-grade ore mined at Nyankangamaterial from Star & Comet Cut 7 and Cut 8. Underground ore sources were in line with the mine plan while maiden underground operations were ramping up toward commercial volumes. Plant throughput achieved was above plan owing to the increase in the oxide feed and finer fragmentation resulting from the increased running time of the secondary and tertiary crusher circuits. The transition to underground operations continued with four areas being mined during the year, resulting in a 248 percent increase year-on-year to 493,000t in underground volumes treated.3.

Production at Siguiri increased by 25 percent year-on-year, following a solid performancedeclined 12% to 213,000oz in 2019. This compares with improved productivities and greater accessproduction of 242,000oz in 2018. The lower production was mainly due to higherlower plant feed grade ore in the new Seguelen pit in Area 1. Production in 2017, the third highest in the mine’s history, was boosted by favourable grade variances and optimised treatment of full-grade ore laterite cap rock (duricrust) stockpiles. This improvement offset treatment of lower-grade stockpiles from other pits and the lower volumes treated. During the year, work began on the Siguiri combination plant project, with commissioning planned for late 2018.

At Iduapriem, production increased by seven percent year-on-year. Mining during the year focused on deeper, higher-grade areas, resulting in an eight percent increase in recovered grade. This was partly offset by a marginal drop in tonnes treated. Total tonnes mined increased 27 percent year-on-year, owing to greater mining-fleet productivity as the mine continued with its extensive waste stripping programme to access the ore sources in the Block 7 and 8 pit that will provide the foundation for sustainable production over the future life-of-mine.

At Kibali, tonnage throughput increased by four percent in 2017 to record levels. Gold production at 268,000oz in 2017 reflected the improved performance in the second half of the year. This was boosted by an increase in both open-pit and underground ore tonnes mined following the successful commissioning of the underground materials handling system and optimal use of the shaft, facilitating the increase in higher grade ore from underground. Improved plant availability and recovery rates also contributedwhich is related to increased throughputthe ROM 3 crushing plant low performance and were boosted by additional ultra-fine grind and Pumpcell capacity. Usingmaterial feed blend to the Pumpcell amongst other things helped facilitate the treatment of 100 percent sulphide ore at the processing plant where it was processed solely for extended periods, achieving design recovery and above-design throughput. This resulted in higher volumes of ore being treated and a two percent increase in production. In the underground mine, operational challenges compounded by underutilisation of the ore pass system, continued during the year and resulted in the treatment of lower grade ore at the expense of the high-grade underground ore.
At Sadiola, production declined as the recovered grade decreased.plant. This was a result of reduced mining flexibilitya slower ramp-up than anticipated following the completion of the carbon-in-leach (CIL) combination plant integration during the year. By year-end, quarterly production had improved as the remaining oxide oreprocessing challenges from the treatment of harder rock material through the plant had been addressed.

At Kibali, production increased 1% to a record of 366,000oz in 2019 (2018: 363,000oz), a result of the ramp up in underground mining, sources being depleted. Plant operations were efficient and consistently achieved planned throughput. This helped to partlywhich partially offset the lower feed grade and provided flexibility9% decrease in tonnes treated due to maintain a steady production and revenue profile.the planned reduction in open pit mining. The mine delivered higher volumes of underground tonnes as the shaft operated in line with design specifications for the full year. Total volume of undergound ore hoisted was 15% higher year-on-year.

Morila resumedSadiola continued to process the stockpile and optimise costs, producing 51,000oz in 2019. This compares to 59,000oz in 2018, a 13% decrease. The end of mining activities and the depletion of full grade ore stockpiles in the latter part2018 led to a higher proportion of the year, accessing and treating highermarginal grade ore from the Dombastockpiles being fed to the plant in 2019.

Morila’s production decreased 8%, as planned, to 27,000oz in 2019 compared to 30,000oz in 2018, following the completion of satellite pit contributing tomining at the start of the first half of the year. Production was also impacted by a year-on-year increase in production. The increased tonnage throughput during the year was further boosted by consistent plant availability and treatment of softer ore, offsetting the16% decrease in recovered grade.grade as the mine continued to treat tailings material. This was partially offset by a 9% increase in tonnes treated compared to the previous year. The mine is expected to continue treatment of mineralisedmineralized waste ore, augmented by higher grade ore from targeted mining areas, for the next year, after which the mine will transition to full closure.

All-inCost of sales and all-in sustaining costs (AISC) for the subsidiary and joint venture operations in the region increased to $907/$1,173 million and $947/oz and $1,088for 2019, respectively, mainly a result of increased sustaining capital expenditure that was partly offset by higher production. Total cash costs increased marginally year-on-year at Geita due to the negative impact of higher initial costs from underground mining and increased at Kibali due to increased operating costs. These increases were partially offset by higher production and recovered grades. Total cash costs at Siguiri and Iduapriem decreased year-on-year. At Siguiri, costs decreased by eight percent as a result of increased production. At Iduapriem, total cash costs decreased by nine percent because of higher production and lower costs due to lower production at Siguiri, offset by lower costs at Geita following the transition to underground mining, as well as cost savings achieved from reagent optimisation at both Geita and Iduapriem. Cost of sales and AISC for the joint venture operations decreased due to lower operating costs at Sadiola and Morila as they wind down operations.

The drive for continuous cost improvements through the Operational Excellence programme is well entrenched across all sites and disciplines in the region. The focus remains on delivering systemic and sustainable operational efficiencies, costimprovements in the management initiatives and higher recovered grades.of the region’s stay-in-business projects.

Capital expenditure

CapitalTotal capital expenditure for the region increased in line with company plans as we investedplanned inward investment in growth projects, particularly at Siguiri and Kibali, and increased sustaining capital investment at Geita and Iduapriem. These projects are expected to realise future benefits as higher grade ore is accessed at Iduapriem andObuasi where $246 million was spent in the redevelopment of the project. Underground Ore Reserve development work in the underground operationprojects continued at Geita, continuesfor Star & Comet and Nyankanga, and at Obuasi. These projects will provide access to ramp up.ore bodies identified for future gold extraction. The balance of sustainingthe capital expenditurespend was earmarkedused for capitalised exploration and stay-in-business projects to improve asset reliability across our mines to ensure safe, risk-free mining and consistent operations across the Continental Africa region.

All-in sustaining costs for Kibali increased year-on-year, a result of increased sustaining capital expenditure on waste stripping in the Pakaka and Kombokolo pits and increased underground capital expenditure.production.

Safety

The region reported a 24 percent year-on-year all injury rate frequency rate improvement compared to 2016. There were no fatalities duringin the year, and theContinental Africa region achieved a record 801 fatality-free days sincein 2019, with the last fatalityfatal injury having been recorded in October 2015.



The region saw a regression from the previous year, primarily due to an increased number of injuries associated with the redevelopment project currently underway at Obuasi in Ghana.

Ore Reserve

The total attributable Continental Africa Region Ore Reserve was 16.917.93 million ounces (2016: 17.8(2018: 16.33 million ounces). This amounts to 3441 percent of the group’s Ore Reserve.

Growth and improvement

Geita made good progressCommissioning of the Siguiri CIL combination plant was completed in 2019 with the mill achieving design throughput consistently. Optimisation of the circuit is now underway. The pre-feasibility study was completed for Block 2 Project, and it is expected that the feasibility study will be completed by end of the second quarter in 2020. Evaluation of Siguiri Block 2 and the trucking of oxide material to the existing process plant to displace marginal ore was completed. The aim is to improve the mine’s ounce profile and potentially extend its life of mine. Permits for construction of the new 40MW power plant, whichhaul road have been received and the mining permit application is currently in progress.

At Geita, the development of Nyankanga Block 1 Portal began in December 2019 to accelerate mining in Blocks 1 and 2 following the delay in permitting for Geita Hill.

Development of Geita’s Star & Comet and Nyankanga underground operations continued during the year. Approximately 4,568m of development was completed during the year to access new areas for stope mining and further exploration. Open pit mining at Nyankanga will reach the end of its economic life during 2020. Surface exploration continued at Selous, a satellite pit 2.4km from Star & Comet, to supplement the underground operation in the near term.

At Iduapriem waste stripping for Teberebie Cut 1 was completed and ore was mined from Teberibie Cut 1, Cut 3, Ajopa and Block 3. Stripping in Cut 2 is expected to be commissioned instart during the first half of 2018. 2020 to deliver ore in 2021 when Cut 1 ore is depleted. Brownfields drilling continued at the Ajopa pit and open pit mining has been extended to Cut 3 to supplement ore from the larger Teberebie pit. Major brownfield exploration drilling continued at Blocks 7 and 8, Ajopa and Block 1 to improve the mine’s future ounce profile and potentially extend the life of mine.

The plant will providepre-feasibility studies for the required levelsnew tailings storage facility (TSF) and return water dam (RWD) sites were completed. A related feasibility study is planned to be completed in 2020. Construction sites were identified and land access compensation and engagement with the relevant government authorities began for the permitting of reliable power to the mine and reduce the overall cost of power. The mine successfully transitioned to and expanded underground mining at Star & Comet while developing two new underground mines in the Nyankanga mining area. Open-pit mining is anticipated to continue at Nyankanga Cut 8 untilfacilities. In the second half of 2019 while Geita Hill East Cut 1the mine undertook a feasibility study to consider treatment options to discharge excess water efficiently on the current greenfield tailings storage facility, the completion of which is expected to finish in the second half of 2018. Exploration work is being conducted at Selous, 2.4km from Star & Comet, for a satellite pit to supplement underground operations.

Siguiri’s combination plant is well advanced and scheduled to be fully commissioned in the third quarter of 2018. The associated 30MW power plant will be commissioned in the second half of 2018. Construction of the combination plant began with the early works in the first half of the year carried out by a local contractor. The main civil construction commenced in the second half of the year with the first major concrete poured in December 2017. The mill shells arrived on site in September, and off-site fabrication and sourcing of electrical and instrumentation equipment and cabling, continued during the last quarter of the year. Major contractors have mobilised on site and a new mining contractor is scheduled to begin mining in the first half of 2018.

At Iduapriem, the deferred stripping carried out during the year at Teberebie Cut 3 was completed and waste stripping at the larger Cut 1 exceeded planned targets. The project delivered an additional 4.1Mt of marginal and waste material as a result of improved efficiencies in mining unit rates. This work will now provide access to the ore body to extend the mine life by about a decade. The plant recovery project was successfully completed and is expected to contribute to higher plant recoveries in 2018.2020.

The main pit dewateringObuasi Redevelopment Project has progressed well. There is a strong focus on safety. The project at Sadiola was substantially completed at year end, with all equipmentremains on schedule and materials delivered to site. Constructionwithin budget. Phase 1 of the sulphide project awaits approval by the Government of Mali, though no agreement has yet been reached in this regard. Despite our efforts and the clear benefits the project would generate locally and to the Government of Mali, there has been no resolution around the terms critical to moving the project forward. AngloGold Ashanti and joint-venture partner IAMGOLD Corporation continue to evaluate the project, which set up the plant to achieve a daily processing rate of 2,000t of ore, was completed. Phase 2, which aims to expand plant capacity to 4,000t a day, will add sulphide-ore processing capabilitycontinue through 2020. The civil engineering work is progressing well with most orders having already been placed. First blast underground, signalling the start of underground development, took place on 11 February 2019 and the first stope blast was in October 2019. This indicated the start of ore production, albeit on a limited scale, and was followed by the first pour of gold on 18 December 2019, demonstrating the successful implementation of the plan to redevelop Obuasi into a modern, mechanised mining operation, following the plant. Although we remain committed to the project, if no agreement is reached, the operation will enter a restricted exploitation phase and then, when stockpiles are exhausted, it will enter a phasesuspension of suspended exploitation (care and maintenance).mining activities five years ago.

At Kibali, capital expenditure of $110m for the year (attributable), was spent mostly on underground development, the vertical shaft and the second hydro-power plant. Underground paving at the central haulage levelKalimva-Ikamva prefeasibility study was completed, allowing haulage fromdelivering another viable opencast project. This will help balance the ore passes into the underground crushers. The materials handling system was also commissioned during the last quarter of the year, and 118kt of ore hoisted from the shaft, with total mine’s open cast/underground ore tonnesratio and enhance mine plan flexibility. Drilling at Gorumbwa highlighted future underground potential and ongoing conversion drilling at KCD is delivering reserve replenishment. The mine is well placed to meet its 10-year production targets and extend them beyond this horizon.

SOUTH AFRICA


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After extensive restructuring of 1,110kt mined forthis region, at 31 December 2019, the year. Underground ore production from the declines totalled 505,000t in the last quarter of the year. Once the ramp upregion has two operations:

West Wits: Mponeng
Surface operations

Post-year end, on 12 February 2020, it was announced that an agreement had been completed, a significant increase in production is expected. Ambarau, the second hydro power station was completedreached to sell all our remaining South African producing assets and commissioned during the first half of the year, taking Kibali’s total hydro generation capacityrelated liabilities to 32MW. At the plant, the ultra-fine grind and Pumpcell capacity was increased at the start of the year, enabling the processing of substantially increased floatation concentrate volumes, improving grind and recovery as well as providing flexibility in ore treatment. Furthermore, waste stripping at both Kombokolo and Pakaka satellite pits was undertaken during the course of the year.Harmony Gold Mining Company Limited. The only major capital project remaining is the third hydropower station at Azambi,transaction, which is being constructed andsubject to several conditions precedent, is expected to be commissioned in the second half of 2018.

Updateconcluded on Obuasi redevelopment
Obuasi, which was placed on care and maintenance in 2016, remained so throughout 2017. The cost of Obuasi’s care and maintenance programme was $62m in 2017 (2016: $70m).

The invasion of a part of the mine by illegal miners in 2016, has been resolved and the mine’s operational area has been cleared of illegal miners. Public security agencies provided security at the mine throughout 2017, and continue to do so.

AngloGold Ashanti was in discussions with the Government of Ghana throughout 2017 to secure the necessary agreements and permits for the possible redevelopment of the mine. The boards of AngloGold Ashanti (and its relevant subsidiaries) have approved the redevelopment of Obuasi, subject to ratification by Ghana’s parliament of the relevant fiscal, development and security agreements. These agreements have been signed by the Government of Ghana. The board therefore approved interim funding of $31m to cover the first six months to enable the project team to be established and to set-up the front-end engineering and design, so as not to delay the project.

The study into Obuasi’s redevelopment was completed with improvements in returns and payback period. This was achieved with an improved geological model, phased capital expenditure and the supportive agreements signed with the Government of Ghana.




The redevelopment will establish Obuasi as a long-life, modern, mechanised underground mining operation. This is a fundamental departure from the mine’s previous operating model. The redevelopment will deliver a mine that makes use of automation and controls for improved operational efficiencies and consistency in performance. It envisages a smaller, but more skilled workforce that can operate in the planned mechanized and automated environment.

The detailed feasibility study covers every aspect of the mine, including operating methods, systems and processes, environmental management and mine rehabilitation, organisational design, human resource strategy and social responsibility, among others.


AUSTRALASIA

australasiaa01.jpg


or about 30 June 2020.

 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
Australia   
1.   Sunrise Dam238
 489
2.   Tropicana 70%322
 485
AngloGold Ashanti’s Australasian assets comprise the wholly owned Sunrise Dam and the 70 percent-owned Tropicana Gold mine, Australia’s newest gold mine.

Australasia - Key Statistics
 Unit 2017
 2016
 2015
Operation       
Tonnes treated/milledMt 9.4
 8.9
 8.2
Pay limitoz/t 0.06
 0.06
 0.06
 g/t 1.84
 1.86
 1.85
Recovered gradeoz/t 0.061
 0.058
 0.068
 g/t 1.89
 1.82
 2.12
Gold production (attributable)000oz 559
 520
 560
Cost of sales$m 550
 540
 525
  Total cash costs (1) 
$/oz 743
 793
 702
  All-in sustaining costs (1)(2) 
$/oz 1,062
 1,067
 875
Capital expenditure$m 153
 109
 78
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 8.53
 9.49
 8.56
People       
Average no of employees: Total  974
 925
 836
Permanent employees  226
 211
 195
Contractors  748
 714
 641

 
Gold production
(000oz)

 
Average number of  
employees  

Operations
South Africa   
  1.   West Wits
   
Mponeng244
 4,944
  2.   Surface operations (1)
175
 2,031
(1)
Includes MWS for purposes of this annual report. It is operated and managed as a separate cash-generating unit.

South Africa Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 35.1
 34.9
 38.9
  Pay limit (1) 
oz/t 0.33
 0.44
 0.43
 g/t 11.90
 16.11
 15.97
  Recovered grade (1) 
oz/t 0.183
 0.219
 0.202
 g/t 5.69
 6.82
 6.93
Gold production (2)
000oz 419
 487
 903
Cost of sales$m 479
 590
 1,129
  Total cash costs (3) 
$/oz 981
 1,033
 1,085
  All-in sustaining costs (3) 
$/oz 1,132
 1,178
 1,245
Capital expenditure$m 57
 73
 150
Safety       
Number of fatalities  0
 2
 7
AIFRPer million hours worked 10.00
 10.25
 12.68
People       
Average no of employees: Total  6,975
 17,308
 26,245
Permanent employees  6,202
 15,557
 22,738
Contractors  773
 1,751
 3,507
(1)
Refers to underground operations only.
(2)
Includes production ounces from the technology development programme in 2017.
(3) 
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A –5A: Operating Results”Results-Non-GAAP analysis”.
(2)

Excludes stockpile impairments.

Production and costs

The South Africa region deliveredproduced 419,000oz, 14% lower than the previous year, at a strong performancecost of sales of $479 million and a total cash cost of $981/oz in 2017, producing 559,000oz driven2019, largely due to limitations in face length availability which impacted grades following high seismicity at Mponeng. Production was also impacted by higher mill throughput ratesintermittent electricity due to Eskom load shedding and feed grades and increased metallurgical recoveries.seismicity related safety stoppages.

Sunrise Dam celebrated its 20th anniversaryMponeng mine produced 244,000oz at a cost of sales of $287 million and a total cash cost of $976/oz in March 2017. A strategy2019, an 8% decrease in production compared to lift265,000oz at a cost of sales of $320 million and a total cash cost of $977/oz in 2018. The 2019 year marked the mined grade while maintainingfirst full year in which shift arrangements at Mponeng were implemented.

The shift arrangement represents a paradigm shift in the underground ore production rate at 3.0 Mtpa was successfully implemented duringevolution of the year,mine. This has resulted in significant improvements in both safety and productivity. Employees have responded positively to the new schedule, resulting in a five percent lift36% year-on-year improved safety performance (AIFR) and a 15% uplift in yield to 1.83g/t. The mine’s production increased by four percent, compared with 2016. Underground ore is the primary source of mill feed and is blended with intermediate grade (1.26 g/t) stockpiled ore that was accumulated during open-pit mining to meet the processing plant capacity of approximately 3.6Mtpa. The higher-grade Cosmo and Vogue ore bodies were the focus of development in 2017, with Vogue targeted to be the key ore source in 2018.productivity.

At Tropicana, optimisation and expansionProduction of 175,000oz at Surface Operations improved for the year driven by a 3% increase in production at MWS, driven by improved recoveries with the introduction of the processing plant lifted processing capacityAachen Shear reactor and other initiatives aimed at enhancing efficiencies.

The main drivers for the improved delivery at the Surface Operations were primarily:
Improved throughput from better operational performance delivery by the contractor; stabilised duty cycle of the communication circuits
A change in strategy to 7.7 Mtpa (100 percent),process Mponeng marginal ore dumps (MOD) through the Savuka gold plant;
General metallurgical process efficiencies; and
Implementation of grid sampling and grade profiling strategy.

The impact of inclement weather remained significant during 2019. A remote reclamation project is currently underway with the aim of reducing inclement weather disruptions to production. The current situation at Eskom also remains a concern as MWS is not able to fully function on emergency power and therefore any interruptions caused by Eskom directly impacts on production activities.

Costs benefitted from operating efficiencies as well as a weaker rand/dollar exchange rate, resulting in a 10 percent increase19% year-on-year decrease in mill throughput, which deliveredcost of sales and a 10 percent increase5% year-on-year decrease in attributable gold production. A fines pulping circuittotal cash cost. This was commissioned in November 2017, further improving efficiency by minimising downtime during maintenance shutdowns. This is expected to increase annual mill runtimes by approximately two percent to more than 98 percent.

Following the introduction of a 600t face shovel to the mining fleet, mining rates increased to more than 90Mtpa in 2017, enabling the resumption of grade streaming - the preferential treatment of higher grade ore while low-to-medium grade ore was stockpiled - during the second half of the year. Mining in 2017 focused on the Havana 3 and Tropicana 2 pits.

The all-in sustaining cost for the Australasia region decreased marginally (one percent) to $1,062/oz, due to planned increases in production at both Sunrise Dam and Tropicana, and decreased mining unit costs at Tropicana due to mining rates exceeding 90Mt. These favourable factors were partially offset by a stronger Australian dollar againstlower gold output from the US dollar,region.

Cost reduction initiatives aimed at calibrating both on- and increased capital expenditure at Sunrise Dam. This included $20 millionoff-mine cost structures progressed well through the year in line with our focus on Operational Excellence.

All-in-sustaining costs for the Recovery Enhancementregion were $1,132/oz (cost of sales $479 million), down 4% despite the headwinds related to production and inflationary pressures. The region successfully delivered on its targeted cost savings initiatives for 2019.

Through our Operational Excellence initiatives, cost and capital management remained a key priority as we continue to maintain asset integrity and safety performance. Project (REP).initiatives include a wide array of activities aimed at improving metallurgical recoveries and throughput and cost saving initiatives. Operational Excellence began at Mponeng in 2019 and included working to increase face length availabilities, improve recovery and mine call factors, reduce power consumption, and optimise capital spend.

Capital expenditure

CapitalTotal capital expenditure at Tropicanafor the region was $57 million, compared to $73 million in 2018. This was mainly spent on the completion of the Phase 1 project, ore reserve development (ORD) work, as well as the Mponeng life-of-mine extension feasibility study. Sustaining capital expenditure was spent on a variety of stay-in-business projects and the rehabilitation work related to Long Island will be primarily for the expansion of the accommodation camp, heavy vehicle workshop infrastructure and for a second ball mill. The installation of a second ball mill in the Tropicana processing plant grinding circuit was approved in 2017 with commissioning scheduled for the fourth quarter of 2018.

At Sunrise Dam, an EPC (engineering, procurement and construction) contract was awarded to GR Engineering Services to undertake the design and construction of a brownfields upgrade to processing facilities as part of the REP. The project also requires additional power generation capacity. To this end, it is planned that two 4MW gas generator sets will be added to the existing power station to increase capacity to 43MW.

Work commenced in 2017 on an expansion to the tailings storage facility at Sunrise Dam, which will add approximately eight years to the life of the facility. This work is expected to be completed by the fourth quarter of 2018.Carbon Leader project.

Safety

The region’s safety performance remains strong. Again thereThere were no fatalities duringin the South Africa region in 2019, the region’s safest year on record. The AIFR was10.00 for the year, while the AIFR was 8.53 per million hours worked an improvement year-on-year. Safety interventions have included changes in planning and information systems, the introduction of 10 percent compared to 2016.a new way of mining, and a change in shift arrangements as of November 2018. Regrettably, there have been four fatalities in the South Africa region post year-end resulting from a seismic event as well as a tramming accident at the Mponeng mine.

Ore Reserve

AtAs at 31 December 2019, the end of 2017, the total attributable Ore Reserve for the Australasia RegionSouth African region was 4.0 million ounces (2016: 4.0 million ounces)15.5Moz (2018: 16.8Moz). This is approximately eightequal to 35 percent of the group’s totalGroup’s Ore Reserve.

Growth and improvement

At Tropicana, the focus for 2018 and beyond will be on implementation of the Long Island strategy, which is expected to extend the life of mine.

In December 2017, the Tropicana joint venture partners announced a commitment to the Long Island mining strategy and approval for an additional ball mill in the processing plant, to further lift plant throughput to 8.1Mtpa, which is expected to increase gold recovery.

The Long Island strategy has been driven by finding a more cost-efficient way to mine waste in pit cutbacks. It involves using a strip-mining approach that minimises waste haulage distances by using in-pit backfill, essentially optimising haulage distances over the life of mine. The approach comprises eight stages with three major decision points providing flexibility to tailor the approach at each decision point, depending on market and other prevailing conditions.

Phase one comprises mining of the Havana South pit and a cutback of the Boston Shaker pit, using the completed Tropicana pit as the first backfill location.

The Long Island development is expected to increase mining rates to between 95Mtpa and 107Mtpa over the next two years, to peak in 2019 and to continue at that rate for about four years. The project was enhanced by the decision to install a 6MW ball mill in the processing plant, enabling throughput to be lifted to 8.1Mtpa to match the increased mining rate. Through a reduction in grind size, baseline metallurgical gold recovery is expected to improve by up to three percent to approximately 92 percent.

This does not include potential underground production from mineralisation at the Boston Shaker ore body, which remains open at depth. A prefeasibility study incorporating infill drilling and underground mining options will be undertaken in 2018. The target is to delineate underground Ore Reserve at more than 3g/t to replace stockpiled mill feed after 2021.

The Long Island strategy was underpinned by an increase in the Ore Reserve at 66.59Mt, grading 1.91g/t gold, for a total of 4.08Moz. Including gold produced to date, Tropicana has delivered a 72 percent increase in Ore Reserve since the project was approved in November 2010.

In 2018, Sunrise Dam will continue to focus on embedding a more selective mining approach to target higher grade sections in the underground stopes, while maintaining the underground production rate at approximately 250,000t a month. This approach is designed to lift the grade of ore delivered to the mill and reduce cash operating costs. In line with this plan, work is focused on improving the productivity of the underground operation to lift sustainable ore production rates above 3Mtpa. Several capital projects, including ventilation upgrades and installation of an underground workshop, are aimed at improving the effective use of mining equipment and the reliability of the mine.

The Vogue ore body will be the key ore source in 2018 and remains open along strike and at depth. Two diamond drill rigs will continue to focus on drilling the Indicated and Inferred Mineral Resource at Vogue.

The performance of the 4Mtpa processing plant also set the standard globally within AngloGold Ashanti, ranking at number one for overall equipment efficiency, with the potential for further, incremental improvements expected in 2018.

The recovery enhancement project at Sunrise Dam is scheduled for commissioning in the second half of 2018 and is expected to lift the recovery rate, through the installation of flotation and ultrafine grinding circuits.

Work will continue in 2018 on the underground mine management system (UMMS), which will enable real-time analysis of the mobile fleet and services such as ventilation, power and dewatering. Over the longer term, overall equipment efficiency will be analysed to identify specific Operational Excellence projects that improve the effective time, mining rate and quality performance metrics of the mining equipment. The UMMS will be a critical tool to enable an improved production rate at the underground mine.

Encouraging results were reported during the year from drilling on the Butcher Well/Lake Carey exploration joint venture tenements where there is potential for the discovery of additional Ore Reserve for processing at Sunrise Dam, possibly replacing low-grade stockpiles currently being processed. Around 20,000m of diamond drilling was undertaken during 2017 within the Butcher Well/ Lake Carey exploration joint venture, along with aircore drilling to the north and metallurgical testing. A 30-person camp was established, together with a core processing facility.

THE AMERICAS
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AngloGold Ashantiamericasa05.jpg




The Americas region has three mining operations, featuring both open pit and deep levelunderground mining (one in the Americas region. In addition, there is an activeArgentina and two in Brazil) as well as two advanced greenfields exploration programme underwayprojects in Colombia.
Attributable gold production
(000oz)

 
Average number of  
employees  

Attributable gold production
(000oz)

 
Average number of  
employees  

Operations      
1. Argentina
      
Cerro Vanguardia 92.5%283
 2,001
Cerro Vanguardia (Attr. 92.5%)225
 1,698
2. Brazil
      
AGA Mineração424
 4,932
362
 4,885
Serra Grande133
 1,578
123
 1,531
3. Colombia – exploration programme
   


Americas - Key Statistics(1)
Unit 2017
 2016
 2015
Unit 2019
 2018
 2017
Operation            
Tonnes treated/milledMt 7.5
 7.0
 7.0
Mt 7.2
 6.8
 7.5
Pay limitoz/t 0.104
 0.100
 0.098
oz/t 0.11
 0.12
 0.10
g/t 3.576
 3.421
 3.351
g/t 3.79
 4.14
 3.58
Recovered gradeoz/t 0.102
 0.106
 0.108
oz/t 0.089
 0.103
 0.102
g/t 3.49
 3.64
 3.71
g/t 3.04
 3.55
 3.49
Gold production (Attributable)000oz 840
 820
 831
000oz 710
 776
 840
Silver (attributable)Moz 5.8
 4.9
 4.4
Moz 3.4
 5.9
 5.8
Cost of sales$m 851
 752
 719
$m 822
 838
 987
Total cash costs (2)(1)
$/oz 638
 578
 576
$/oz 736
 624
 638
All-in sustaining costs (3)(1)
$/oz 943
 875
 792
$/oz 1,032
 855
 943
Capital expenditure (4)(2)
$m 234
 225
 196
$m 195
 176
 234
Safety            
Number of fatalities 0
 1
 1
 0
 1
 0
AIFRPer million hours worked 3.29
 3.96
 5.61
Per million hours worked 3.50
 3.97
 3.29
People            
Average no of employees: Total 8,511
 8,126
 7,679
 8,114
 7,973
 8,511
Permanent employees 5,888
 5,653
 5,492
 5,869
 5,755
 5,888
Contractors 2,623
 2,473
 2,187
 2,245
 2,218
 2,623

(1)
Key statistics are for the continuing operations in the region and exclude CC&V which was sold effective 3 August 2015.
(2) 
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results”Results-Non-GAAP analysis”.
(3)
Excludes stockpile impairments.
(4)(2) 
100 percent, (not attributable) and includes Colombia.

Production and costs

Production fromTotal production for the Americas region increased by two percentin 2019 declined 8% to 840,000oz710,000oz compared to 776,000oz in 2017, reflecting higher output from the Brazilian and Argentinian operations driven by operational improvements and an increase in tonnes treated.2018, a result of production declines at all three operations.

In Brazil, atAt AGA Mineração, performance at Cuiabá was hindered by poor ground conditions where, to ensure safe production, increased four percent year-on-year, boosted bythe rate of mining was slowed while a new surface support regime and mining sequencing were explored. Leading internal and external rock engineering experts were engaged to advise and subsequently mesh surface support installed to rehabilitate accessways and new controls and mine sequencing were introduced. Early indicators show these new controls to be successful and condition monitoring will continue as mining progresses in the deeper, higher grade areas.

At the Córrego do Sítio’s strong performance, a result of improvedtio complex, geological modelling that assistedmodel changes, open pit licence delays for the recovery fromRosalino orebody, geotechnical issues and unexpected heavy rains in the geotechnical challenges faced at the startlast two months of the year atdelayed development and mining of the Córrego do Sitio complex. After a challenging start to 2017, various initiatives were implemented at the Cuiabá complex to improve future performance. These initiatives included the appointment of a new management team and adoption of an integrated planning system. The operation saw a seven percent increase year-on-year in ore treated, an improvement which we believe to be sustainable. The challenges at Cuiabá were due to delays in development of infrastructure that hindered access to high-gradeplanned open pit mining areas.

At Serra Grande, the slightly lower production increase came despitelevel in 2019 was due to lower feed grades, and was driven by higher tonnes treated, supported by improved crushing and milling efficiencies and more efficient leaching, following implementationparticularly in the second half of the carbon-in-leach project. These efficiencies were a result of Operational Excellence initiatives which led to improved levels of ore mined, offsetting lower open-pit production.

In Argentina, at Cerro Vanguardia, production increased to 283,000oz compared to the previous year, the highest level of production in 18 years.and reduced drilling productivity and fleet availability. This achievement was driven mainly by the increase in tonnes treated at the plant together with operational and metallurgical improvements. In addition, the grades were higher year-on-year, a result of variability in the mining model.

Despite the continued focus on cost management and production improvements, total cash costs for the Americas region were higher in 2017, due mainly to inflationary pressures, particularly salary adjustments, and also the stronger Brazilian real compared with the previous year. In Brazil, costs were impacted by the lower grade feed, inflation and the nine percent appreciation in the local currency versus the US dollar. However, the cash cost increase in the region was partially offset by higher tonnage treated following the seven percent dropMina III pushback.

Cerro Vanguardia’s production was negatively affected in the second half of the year by the planned lower grades mined and a 42% decline year-on-year in silver production. This was partially compensated for by higher average silver price.

Cost of sales for the region for the year were $822 million in 2019 (2018: $838 million). The total cash cost for the region for the year was $736/oz in 2019 (2018: $624/oz) and AISC were $1,032/oz (2018: $855/oz). The increased costs atwere largely due to the decline in ounces sold, reduced silver by-product revenue from Cerro Vanguardia mainly due to record production, higher by-product contribution and favourable stockpile movements.

At Cerro Vanguardia, various cost savings initiatives focused on improved efficienciesinflation. The inflationary pressures which affected both Argentina and production fromBrazil, included increases in wages, operational materials, this coupled with impact of changes in the underground mine expansion, increasing mill throughput and silver recovery, and capital savings, among others. These cost saving initiatives are expected to continue to offsetestimation of rehabilitation provisions estimation for the combination of higher mining costs and currency impacts. Costs were also assistedBrazilian operations as required by improved fleet availability and cost management initiatives implemented during the year that resulted in price reductions being negotiated for key consumables such as fuel, ammonium nitrate, cyanide and crushing media. These positive factors werenew legislation. This was slightly offset by inflationary

pressures, particularly salary increases in Argentina that were agreed in October, as well as the elimination of the Patagonia ports rebates at the end of 2016, ending a 10 percent reimbursement from which Cerro Vanguardia had benefitted previously.weaker currencies (Argentinean peso and Brazilian real).

Capital expenditure

RegionalTotal capital expenditure increasedfor the region was $195 million, compared to $176 million in 2018, with the increase largely driven by four percent, mainly a result of the high level of sustaining capital investmenthigher spend in Brazil, owing to inflation and the stronger local currency. Most of theColombia on feasibility study work at Quebradona. Sustaining capital expenditure in Brazil was spent mainly on Ore Reserve Development to improve mine flexibilitydevelopment at underground operations in Brazil and access to ore stopes.Argentina. At Cerro Vanguardia, capital expenditure for the year was lower comparedspent primarily on development work and larger trucks to 2016, owing mainlyincrease hauling and loading capacity, and to ultimately improve productivity.

Serra Grande is our only operation in Brazil with an upstream TSF. Following implementation of new legislation in Brazil, the current dam, which has a depreciating Argentinian peso againstreinforced wall, will be converted to dry stacking. As this was part of the US dollar. A more aggressive capital management approach was implemented acrossmine plan, the region with all discretionary capital items being under strict review.process will be accelerated and decommissioning is expected to begin in September 2021.

Safety

NoThere were no fatalities werein the Americas region in 2019. Safety improved overall with an AIFR of 3.84 recorded during 2017. The AIFR improved by 17 percent compared to 2016.for the year.

Ore Reserve

At the end of 2017,2019, the total attributable Ore Reserve for the Americas Region,region was 5.27.2 million ounces (2016: 3.1(2018: 7.1 million ounces). This is approximately ten17 percent of the group’s total Ore Reserve.

Growth and improvement

Application ofIn Brazil, the Operational Excellence principlesstrategy is to exploration,enhance mining flexibility and predictability by investing in Ore Reserve development, miningalong with Mineral Resource and metallurgyOre Reserve conversions. More brownfields exploration is expectedplanned to yield improvementsincrease reserves and related confidence levels. This work will be vital in productivity, with the region benefitting from ongoing asset optimisation work.upcoming year.

During 2019, Serra Grande transitioned to full owner development and development metres achieved increased by 10% compared to 2018 levels. At AGA Mineração’s Cuiabá complex, a fourth working shift isnew international contractor in the Brazilian market was signed on in March 2019 and has to be introduced during 2018, which will assistdate delivered a 28% year-on-year increase in driving productivity gains. Plans are also underway to increase the annual tonnage of ore treated and to expand mill/plant throughput to 1.9Mt, followed by a further ramp-up towards 2.1Mtpa. An increased Ore Reserve conversion programme is expected to improve the mine plan’s reliability.metres developed.

Cuiabá is also investigating the potential of new orebodies and a plan for deepening the mine. At Córrego do Sítio work(CdS) the focus is underway to further improve development productivity levels. Conversion rates of Mineral Resource to Ore Reserve are increasingre-open the CdS II underground mine. Along with a focus on resource conversion and work is underway to improve recovery rates. Drilling campaigns continue to confirm the Ore Reserve that will extend the life of mine, including work on a new open-pit (Cóstabilising production, Córrego do Sítio III)will invest in looking at the potential of CdS III and the new underground mines at Mina II and São Bento Deep.Rosalino open-pit expansion.

At Serra Grande, Palmeiras South underground mine is expected to commence delivering ounces in the Ingá ore body beganfirst half in 2020.

In Argentina, Cerro Vanguardia, which has been in operation for over 20 years, is expected to see a reduction in grades from the open pit mines and lower contributions from silver compared to the previous years’ levels. To sustain the production plan, exploration will focus on converting new and already existing blue sky tangible and Inferred Resources into Indicated category around current pits and underground operations in the main production zone. The exploration plan includes 25,000m of diamond drilling hole campaign, channels, trenches and geophysics surveys, among others.



AUSTRALIA

australia.jpg
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
Australia   
1.   Sunrise Dam254
 570
2.   Tropicana 70%360
 570
AngloGold Ashanti’s Australian assets comprise the wholly owned Sunrise Dam and the 70 percent-owned Tropicana Gold mine located in the north-eastern goldfields of the state of Western Australia.
Australia - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 10.1
 9.5
 9.4
Pay limitoz/t 0.06
 0.07
 0.06
 g/t 1.95
 2.10
 1.84
Recovered gradeoz/t 0.060
 0.065
 0.061
 g/t 1.87
 2.01
 1.89
Gold production (attributable)000oz 614
 625
 559
Cost of sales$m 632
 622
 551
  Total cash costs (1) 
$/oz 730
 762
 743
  All-in sustaining costs (1)
$/oz 990
 1,038
 1,062
Capital expenditure$m 149
 156
 153
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 7.33
 9.14
 8.53
People       
Average no of employees: Total  1,140
 1,051
 974
Permanent employees  249
 238
 226
Contractors  891
 813
 748

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.



Production and costs

The Australia region produced 614,000oz in 2019 compared to 625,000oz 2018. The 2% drop in year-on-year production was largely the result of lower underground mined volumes and grades at Sunrise Dam. Sunrise Dam experienced operational challenges in the middle of the year with limited stope flexibility and paste fill delays, which resulted in lower underground volumes and grades. However, mining flexibility improved in the fourth quarter of 2019 as larger stopes came online, resulting in a record production from underground for the fourth quarter. A substantial exploration programme is underway to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. Critical for success at Sunrise Dam is increasing flexibility to ensure consistently high underground tonnages are available to displace lower-grade surface stockpiles. Strategic drill platforms have been established to facilitate systematic exploration of the down plunge extents of the Vogue mineralised system, while also testing areas to the north and south that could generate additional work areas. The objective of the drilling is to provide data to facilitate Ore Reserve conversion and increase confidence and reliability in the two- to five year planning horizon.

At Tropicana, production at 360,000oz for the year, was 7% higher year-on-year. Higher mill throughput, which set new records in December 2019, offset lower feed grades in the second half of the year and contributed to the increase in gold production. Annual tonnes mined also broke site records in 2019. The Tropicana open pit was completed during the year and mining continued in the Havana South, Havana and Boston Shaker pits. It is planned that open pit mining will be focused on the Havana pit in 2020.

The region’s cost of sales and AISC were $632 million and $990/oz in 2019, respectively, compared to $622 million and $1,038/oz for 2018, respectively. Despite the 2% lower production delivered in the region for the year, a strong focus on operational excellence coupled with a weaker exchange rate contributed to a 4% drop in total cash costs and a 5% drop in AISC compared to 2018. Tropicana’s total cash costs declined due to higher volumes, and improved efficiencies partially offset by unfavourable grades, royalties and inflation while total cash costs at Sunrise Dam were negatively impacted by lower efficiencies, lower grade and inflation. Operational excellence work included a successful trial of autonomous open-pit blast hole drilling, which indicated significant productivity gains could be achieved by converting all six drill rigs to autonomous operation. Autonomous operation can improve drill use by enabling their continued operation within the potentialexclusion zone during blasting, so extending drill bit life and reducing the number of operators needed.

Capital expenditure

Total capital expenditure for the region was $149 million in 2019 compared to $156 million in 2018. Capital expenditure at Tropicana increased by $29 million predominately due to the start of the ore bodies at Mangaba and Corpo IV remain under evaluation. The mine delivered an eight percentBoston Shaker underground growth project ($21 million). An increase in ore treated year-on-year,waste stripping capital expenditure due to the scheduling of open pit cutbacks was partially offset by a resultreduction in stay-in-business capital. Capital expenditure at Sunrise Dam reduced by $35 million due to lower Ore Reserve development and stay-in-business capital expenditure. Several key infrastructure projects, such as the expansion of the plant’s CIL leaching conversiontailings storage facility and continuous efficiency improvement initiatives. The Palmeiras South negotiations, aimed at reaching agreement on possible accelerated explorationthe upgrade to confirm the area’s potential, are at an advanced stage.ventilation system were completed in 2018 resulting in a $25 million year-on-year reduction in stay-in-business capital expenditure when compared to 2019.

Safety

Safety performance improved for the Australia region in 2019, continuing a positive trend since the commissioning of Tropicana in 2013. At Tropicana, the site ended the year with a record safety performance in terms of the AIFR and the lost-time injury frequency rate (LTIFR), achieving 14 months without a lost-time injury. At Sunrise Dam, the AIFR and LTIFR both increased marginally from 2018, although the severity of injuries was minor.

Ore Reserve

At Cerro Vanguardia,the end of 2019, the total attributable Ore Reserve for the Australia region was 3.2 million ounces (2018: 3.8 million ounces). This is approximately seven percent of the group’s total Ore Reserve.

Growth and improvement

At Sunrise Dam, the underground exploration programme initiated in the second half of 2019 is expected to take two years. The programme is designed to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. By the end of the year six underground diamond drill rigs were in operation testing various targets including the southern strike extensions of the Midway Shear Steeps (MSS) and Elle and areas to the south of the current Vogue Indicated Resource. Surface diamond drilling will target southern extensions of Vogue.

Drilling results returned in 2019 identified extensions of Vogue mineralisation over an approximate 180m strike length; southern extensions to the Midway Shear (MWS) Steeps ore domains, approximately 190m south of the current Indicated Resource; and potential repetition of the MWS Steeps ore domains, approximately 100m east of the current Indicated Resource. Drilling also intersected mineralisation 500m to the south down plunge of the Mineral Resource, suggesting the continuation of the Vogue orebody.


Development of the Boston Shaker underground mine at Tropicana began in May 2019 and at year-end the project was on track to deliver high-grade ore in mid-2020 as planned. The decision to go ahead with the project was announced in March 2019 following board approval and after a feasibility study confirmed that underground mining was technically and financially viable, demonstrating robust economics with an anticipated internal rate of return of 39% for a capital investment of $79.3 million.

Boston Shaker is expected to contribute higher-grade mill feed, resulting in an improved gold production profile and enhanced cash flow, during 2021-2023 when the mine plan was executed on schedule, following the initiative launched in 2015 to accelerate open-pit and underground operations to optimise economic performance over the remaining lifeincludes periods of mine, and to potentially increase production. New projects and alternatives to extend life of mine will be assessed during 2018.

In Colombia, the greenfields exploration programmes were realigned and focused on minimising cost while maintaining future optionality. Force majeure was declared at the La Colosa project, stopping all activities, following the outcome of the plebiscite held on 26 March 2017higher waste stripping in the Colombian municipality of Cajamarca, which hosts the La Colosa exploration site. The grant of force majeure is for one year and will expire in June 2018, after which such declaration will need to be extended. At Quebradona, following completion of a conceptual study in 2016, the focus in 2017 as the first phase progressed was on evaluating the alternatives to be considered during the prefeasibility phase, which is expected to be concluded in 2018. The alternatives included mining methods, mine access and project layout.Havana open pit.

The Gramalote project, a joint venture between AngloGold Ashanti (51 percent and manager) and B2Gold (49 percent), declared its maidenfeasibility study was based on the mining of 6.58 million tonnes, grading 3.84g/t, assuming the systematic conversion of Mineral Resources to Ore Reserve of 63.7Mt @ 0.86 g/t gold, at an attributable contained metal content of 1.8Moz. Gramalote represents a long-term option for AngloGold Ashanti, and all avenues to realise value from this important asset remain open. Work will continue to optimise all aspectsReserves over the life of the project during its feasibility phase, which is currently under way.mine. The enhanced prefeasibility study was completed in September 2017. AngloGold Ashanti is currently in discussions with its joint venture partner, B2Gold on howaverage underground mining rate will be approximately 1.1Mtpa (including development) over an eight-year mine life to further progress the project.2026 to produce a total of 732,000oz. Mining methods will comprise conventional mechanised mining and underhand sublevel open stoping.

The project lies on the eastern flanktwo raised bore holes required for ventilation and emergency egress were tracking ahead of schedule by year end, and underground development of 1,640m was ahead of plan. Underground reverse circulation grade control drilling began in October. Recruitment of the Cordillera Central, nearunderground workforce is progressing as planned and the towns of Providencia and San Jose del Nusunderground operation remains on track to deliver first gold in the municipalitysecond half of San Roque, in2020. Operational excellence work is focused on remote bogging, the northwestmechanical operator-controlled digging of the Antioquia Department. It is approximately 230km north-west of Bogotaore from surface, and 124km north-east of Medellin.on optimising level spacing and extraction ratios.


EXPLORATION REVIEWCONTINENTAL AFRICA

OurDemocratic Republic of the Congo (DRC)

General laws relating to mining

The mining industry in the DRC is primarily regulated by law No. 007/2002 dated 11 July 2002 (2002 DRC Code) as amended by law No. 18/001 dated 29 January 2018 (Reformed DRC Mining Code) and decree No. 038/2003 dated 26 March 2003 as amended by decree No. 18/024 dated 8 June 2018 (Reformed DRC Mining Regulations).

As regards the application of the Reformed DRC Mining Code and Reformed DRC Mining Regulations, Kibali Goldmines SA (Kibali) has reserved and continues reserving its rights, including, without limitation, its stability rights under, among other legal sources,

the 2002 DRC Code. Discussions with the DRC government on these issues and the possible application of incentives that may be available under the Reformed DRC Mining Code and Reformed DRC Mining Regulations are ongoing.

In accordance with prior mining legislation, companies holding mining titles issued prior to the entry into force of the Reformed DRC Mining Code and Reformed DRC Mining Regulations have claims to a 10-year stability provision. Notwithstanding the adoption of the new regulatory regime, their rights with respect to such stability provision are reserved.

The Reformed DRC Mining Code grants the DRC Minister of Mines the authority to grant, refuse, suspend and terminate mineral rights, subject to conditions set out in the Reformed DRC Mining Code. Mineral rights may be granted in the form of exploration permits for an initial period of five years or in the form of mining permits which are granted for an initial period of 25 years. An exploration permit may, at any time before expiry, be transformed partially into a mining permit or a small-scale mining permit. Mining permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental impact study and an environmental management plan.

The holder of a mining permit is focused on creating value by providing long-term optionalityrequired to commence development and improvingmine construction within three years of the portfolio quality. The objectives are met by:
Greenfields exploration, which aimsaward of such permit. Failure to discover large, high-value Mineral Resource that will eventuallydo so may lead to forfeiture of the mining permit. A permit holder must comply with specific rules relating to, amongst other things, protection of the environment, cultural heritage, health and safety, construction and infrastructure planning. Mining and exploration activities are required to be undertaken so as to affect as little as possible the interests of lawful occupants of land and surface rights holders, including their customary rights. The exercise of mineral rights by title holders which effectively deprives or interferes with the rights of occupants and surface rights holders requires payment of fair compensation by the mineral title holder.

To protect and enforce rights acquired under an exploration or mining permit, the Reformed DRC Mining Code provides, depending on the nature of a dispute or threat, administrative, judicial and national or international arbitral recourses.

Tax laws relating to mining

The Reformed DRC Mining Code sets out an exclusive and exhaustive tax and customs regime applicable to mining activities. Mining title holders are subject, amongst other things, to a corporate income tax of 30 percent, a windfall tax of 50 percent and are required to pay mining royalties to the DRC government. The royalty rate applicable to gold has been set at 3.5 percent. Mining title holders are also required to contribute a minimum of 0.3 percent of total turnover to community development. The standard rate of VAT is 16 percent and is applicable to all mining companies.

Mining companies are required to grant a free-carried and non-contributory participation to the DRC government. The DRC government’s free participation was previously set at 5 percent but was increased to 10 percent in respect to mining titles issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional 5 percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a 10 percent local contributory participation is also mandatory for mining titles issued after its entry into force.

Regarding exchange control rules, the Reformed DRC Mining Code requires that mining title holders repatriate onshore 60 percent of sale revenues during the investment amortization period and 100 percent once the investment amortization is completed.

The Reformed DRC Mining Code also provides for a level of fiscal stability. A stability clause stipulates that existing tax, customs and exchange control provisions applicable to mining activities are guaranteed to remain unchanged for a period of five years from the enactment of the Reformed DRC Mining Code.

Article 220 of the Reformed DRC Mining Code provides that the Prime Minister of the DRC may grant a number of incentives to provinces suffering from infrastructures deficits to encourage economic development from mining resources. Discussions are currently ongoing with the DRC government with respect to incentives that could be available under article 220 of newthe Reformed DRC Mining Code.

On 18 July 2012, the Convention between the government of the Republic of South Africa and the government of the DRC for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Convention) came into effect. The Convention is applicable to (i) withholding taxes on amounts paid or credited on or after 1 January 2013; and (ii) other income taxes, levied in respect of taxable periods beginning on or after 1 January 2013. The Convention reduces the withholding tax on dividends paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 5 percent and on interest paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 10 percent. A South African company must own at least 25 percent of a relevant DRC entity’s outstanding shares in order to take advantage of the reduced rates.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti holds a significant stake in the Kibali gold mines. Our greenfields exploration team was recognisedmine which is located in the north-eastern part of the DRC. The gold mine is owned by Kibali Goldmines SA (Kibali) which is a leading industry research group,joint venture between Barrick (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto SA (SOKIMO) (10 percent) which represents the interest of the DRC government. The gold mine is operated by Barrick.


Kibali comprises 10 permits, of which seven expire in 2015 as2029 and three in 2030. The Kibali gold project covers an area of approximately 1,836 km2 in the industry’s most successful in Mineral Resource discovery. Moto goldfields.

Ghana

General laws relating to mining

Control of minerals and mining companies

The team has a proven track record that includes the discoveryConstitution of world-class ore bodies at La Colosa, Gramalote, Tropicana and Nuevo Chaquiro. These discoveries are attributed to our committed and professional team of geoscientists working on a portfolio of highly prospective and rigorously prioritised greenfields ground holdings.
Brownfields exploration, which focuses on delivering value through incremental additions to our Ore Reserve in existing minesGhana as well as the Minerals and Mining Act, 2006 (Act 703) (GMM Act) provide that all minerals in Ghana in their natural state are the property of the State and title to them is vested in the President on behalf of and in trust for the people of Ghana, with rights of reconnaissance, prospecting, recovery and associated land usage being granted under licence or lease.

The grant of a mining lease by the Ghana Minister of Lands and Natural Resources (LNR Minister) upon the advice of the Minerals Commission is subject to parliamentary ratification unless the mining lease falls into a class of transactions exempted by the Ghanaian Parliament.

The LNR Minister has the power to object to a person becoming or remaining a controller of a company which has been granted a mining lease if the LNR Minister believes, on reasonable grounds, that the public interest would be prejudiced by the person concerned becoming or remaining such a controller.

In 2019, Parliament passed the State Interests and Governance Authority Act, 2019 (Act 990) establishing the State Interests and Governance Authority (SIGA). The functions of SIGA include the oversight and administration of the State’s interests in state-owned enterprises, joint venture companies and other entities in which the State has an interest. This applies to mining companies on account of the Government’s mandatory free-carried equity interest in mining companies as provided for under the GMM Act. However, the Government of Ghana does not have a free-carried interest in any of AngloGold Ashanti’s mines in Ghana.

Stability and development agreements

The GMM Act provides for stability agreements as a mechanism to guarantee certain terms and conditions, mainly fiscal, to which a company’s operations are subject for a period of 15 years. Stability agreements are subject to ratification by Parliament. A development agreement, as provided for by the GMM Act, may be made available to a mineral right holder with a proposed investment exceeding USD 500 million. The GMM Act also provides that the terms of a development agreement may contain stability terms as provided for in stability agreements. A development agreement is subject to parliamentary ratification.

In January 2020, the Minerals Commission proposed certain amendments to the GMM Act, including, among other measures, the abolishment of development agreements and the shortening of stability agreements from a period not exceeding 15 years to a period of five years (with a possible extension of another five years). The Minerals Commission is currently engaging with stakeholders on these proposed amendments. Following this engagement, the Minerals Commission may present the proposed amendments to the LNR Minister who can then decide to submit a draft bill to Parliament. If such bill were to be adopted by Parliament, it would not apply retroactively. As a result, the proposed amendments will not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below).

Ghana Stability Agreement

On 18 February 2004, AngloGold Limited and the Government of Ghana agreed on the terms of a stability agreement (Ghana Stability Agreement) to govern certain aspects of the fiscal and regulatory framework under which AngloGold Ashanti would operate in Ghana following the implementation of the business combination between AngloGold Limited and Ashanti Goldfields Company Limited. The Ghana Stability Agreement necessitated the amendment of the Obuasi mining lease which had been ratified by Parliament.

Under the Ghana Stability Agreement, the Government of Ghana agreed:
to extend the term of the mining lease relating to the Obuasi mine until 2054 on terms existing prior to the business combination;
to maintain, for a period of 15 years, the royalties payable by AngloGold Ashanti with respect to its mining operations in Ghana at a rate of 3 percent per annum of the total revenue from minerals obtained by AngloGold Ashanti from such mining operations;
to ensure the income tax rate would be 30 percent for a period of 15 years. The agreement was amended in December 2006 to make the tax rate equal to the prevailing corporate rate for listed companies if the rate was less than 30 percent; and
to permit AngloGold Ashanti and any or all of its subsidiaries in Ghana to retain up to 80 percent of export proceeds in foreign currencies offshore, or if such foreign currency is held in Ghana, to guarantee the availability of such foreign currency.

The Ghana Stability Agreement also stipulates that a sale of AngloGold Ashanti’s or any of its subsidiaries’ assets located in Ghana remains subject to the Government’s approval. Furthermore, the Government retains its special rights (Golden Share) under the provisions of the GMM Act pertaining to the control of a mining company, in respect of its assets and operations in Ghana.


The Government of Ghana further agreed that AngloGold Ashanti’s Ghanaian operations will not be adversely affected by any new discoveriesenactments or orders, or by changes to the level of payments of any customs or other duties relating to mining operations, taxes, fees and other fiscal imports or laws relating to exchange control, transfer of capital and dividend remittance until April 2019, which is 15 years after the completion of the business combination.

In relation to the Obuasi mine, AngloGold Ashanti (Ghana) Limited (AGA Ghana) negotiated a new development agreement and a new tax concession agreement with the Government. These regulatory and fiscal agreements, which govern the redevelopment of the Obuasi mine, have received parliamentary approval in defined areas aroundJune 2018. As a result of the ratification of these agreements, the Ghana Stability Agreement ceased to apply to the Obuasi mine.

Notwithstanding the aforementioned, the Ghana Stability Agreement still applied to the Iduapriem mine until it expired in April 2019. Since this expiration AngloGold Ashanti (Iduapriem) Limited (AGA Iduapriem) does not benefit from any peculiar tax concessions or other protections resulting from the Ghana Stability Agreement anymore. Relevant engagements are currently ongoing between AGA Iduapriem with the Minerals Commission to obtain a new stability agreement and tax concession agreement for the Iduapriem mine.

Obuasi Development Agreement

On 21 June 2018, Parliament ratified the Development Agreement in relation to the Obuasi mine (Obuasi DA) which contains stability terms as provided for in stability agreements.

The Obuasi DA confers the following rights and obligations on AGA Ghana with respect to the Obuasi mine:
Stabilization of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of 10 years with a potential of it being extended for five years;
Confirmation of accounting currency to be US dollars;
Right to hold up to 80 percent of proceeds received from exporting minerals in foreign currencies outside of Ghana in accordance with existing operations. Brownfields exploration actively drivesarrangements;
Obligation to set up a “Community Trust Fund” for Obuasi funded at $2 per ounce produced;
Obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians, entities incorporated or formed in Ghana and entities owned and controlled by Ghanaians;
Obligation to give preference to Ghanaian skills where they are available;
Obligation to employ high standards of safety; and
Right to peaceful enjoyment and protection against expropriation.

Obuasi Tax Concession Agreement

The fiscal terms which will ordinarily form part of a single stabilisation document were separated from the creationObuasi DA. Hence a separate tax concession agreement in relation to the Obuasi mine (Obuasi TCA) was signed with the Government. On 21 June 2018, Parliament ratified the Obuasi TCA.

The key terms of the Obuasi TCA are as follows:
Corporate Income Tax to be 32.5 percent or such lower rates as may be fixed by law (current statutory rate is 35 percent);
Unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020;
Existing tax losses and new tax losses as well as a special concession to carry forward capital allowances to be converted into tax losses as at the end of 2020, will apply to AGA Ghana (whoever is the owner of AGA Ghana and whether or not AGA Ghana was to enter into a joint venture in respect of the Obuasi mine);
Exemptions of certain items from Import Duty;
Exemption of the following transactions from Capital Gains Tax:
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;
transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 35 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Non-application of section 62(1) of the Income Tax Act, 2015 (Act 896) in relation to change in underlying ownership under the following circumstances:
a joint venture in relation to Obuasi gold mine;
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;

transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 50 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Sliding scale royalty rate ranging from 3 percent to 5 percent for a price ranging from $1,300 up to $2,000 and above per ounce instead of the current flat rate of 5 percent;
Exemption from the payment of VAT on items imported under the Import Duty List up to 31 December 2023; and
Entitlement to a refund of VAT credit at the pre-production stage notwithstanding that AGA Ghana will not meet certain conditions for qualifying for refunds.

Corporate regulation

Parliament passed the new Companies Act, 2019 (Act 992) which repeals the Companies Act, 1963 (Act 179). Act 992 introduced amendments to the regulation of companies in Ghana and establishes the Office of the Registrar of Companies. As a general matter, Act 992 maintained the provisions of Act 179. It, however, introduces stricter requirements for persons who are to be appointed as directors of a company as well as for company secretaries. Companies are also required to appoint new external auditors every six years.

A company is also not required to have bylaws or “regulations” as was the case under Act 179. Instead, a company may opt to have a registered constitution. Nevertheless, it is expected that the current regulations for AGA Ghana and AGA Iduapriem will be redrafted and filed at the Companies Registry. Further, a company is not required to have specific objects as prescribed previously. The implication of this is that a company can carry out any type of business unless otherwise specifically stated in the company’s constitution.

Government’s Golden Share

Section 60(1) of the GMM Act provides that the Government of Ghana can require a mining company to issue for no consideration to the Republic of Ghana a special share (Golden Share) by notice in writing to such mining company. The Government of Ghana exercised this right in respect of AGA Ghana and as a result was issued with a Golden Share in AGA Ghana. Under the Ghana Stability Agreement, this Golden Share was to apply solely to AGA Ghana’s assets and operations in Ghana. Following the expiration of the Ghana Stability Agreement in April 2019, the Government of Ghana reconfirmed and agreed in the Obuasi DA that the Government’s rights with respect to its Golden Share apply only in respect of AGA Ghana’s assets and operations in Ghana.

The Golden Share may only be held by or transferred to a Minister of the Government or any person acting on behalf of such Government and authorised in writing by such Minister.

The following matters require, and will not be effective without, the written consent of the holder of the Golden Share:
any amendment to or removal of the relevant provisions of the AGA Ghana Regulations setting out the rights and restrictions attaching to the Golden Share;
the voluntary winding-up or voluntary liquidation of AGA Ghana;
the redemption of or purchase by AGA Ghana of the Golden Share;
the disposal of any mining lease held by AGA Ghana or any subsidiary of AGA Ghana; and
any disposal by AGA Ghana (other than any disposal in the ordinary course of business of AGA Ghana) which, alone or when aggregated with any disposal or disposals forming part of, or connected with, the same or a connected transaction, constitutes a disposal of the whole or a material part of the assets of the AGA Ghana group taken as a whole. For this purpose, a part of the AGA Ghana group’s assets will be considered material if either (a) its book value (calculated by growing our Mineral Resourcereference to the then latest audited consolidated accounts), or the total consideration to be received on its disposal, is not less than 25 percent of the book value of the net assets of the AGA Ghana group or (b) the average profits attributable to it represent at least 25 percent of the average profits of the AGA Ghana group for the last three years for which audited accounts are available (before deducting all charges, except taxation and Ore Reserve, our major assets.extraordinary items).

Upon a return of assets in a winding-up or liquidation of AGA Ghana, the holder of the Golden Share is entitled to the sum of GHS 0.10 cedis in priority to any payment to other members, but the Golden Share confers no further right to participate in the profits or assets of AGA Ghana. The brownfields exploration programme is based on innovative geological modellingGolden Share carries no right to any dividend or any right to participate in any offer of securities to existing shareholders or in any capitalisation issue.

The holder of the Golden Share may require AGA Ghana to redeem the Golden Share at any time in consideration of the payment to such holder of GHS 0.10 cedis.






Tax laws relating to mining

Fiscal regime

Currently, the main tax laws in Ghana include the following acts and mine planningregulations:
Income Tax Act, 2015 (Act 896) (as amended) and continual optimisation of our asset portfolio.Income Tax Regulations, 2016 (L.I. 2244);
Customs Act, 2015 (Act 891) (as amended) and Customs Regulations, 2016 (L.I. 2248);
Value Added Tax, 2013 (Act 870) (as amended) and Value Added Tax Regulations, 2016 (L.I. 2243); and
Revenue Administration Act, 2016 (Act 915).

GreenfieldsIn 2012, the tax laws of Ghana were amended. Changes to the tax laws included:
An increase in the income tax rate applicable to mining businesses from 25 percent to 35 percent. The Obuasi TCA limits the corporate income tax rate for AGA Ghana to 32.5 percent and AGA Iduapriem was protected until April 2019 from any increase exceeding the rate provided for under the Ghana Stability Agreement. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem currently pays an income tax rate of 35 percent;
Introduction of a new capital allowance regime for class 3 assets (which include mineral and petroleum exploration and production rights, buildings, structures and works of a permanent nature used in mineral and petroleum exploration and production and plant and machinery used in mining and petroleum operations) that provides for a 20 percent straight line rate for a period of five years. AGA Ghana is protected under the Obuasi TCA and AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement;
Elimination of the 5 percent allowance on prior year additions. Prior to the 2012 amendment, the tax code granted an additional 5 percent of the value of assets acquired and qualified to be classified as class 3 assets for the purpose of granting capital allowances. Capital allowance is now 20 percent each year on the total value of the assets. The Obuasi TCA provides that unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020. From 1 January 2021, any such unutilized capital allowances shall be 20 percent each year on the total value of assets. AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement; and
A ring fencing rule to prevent mining businesses from deducting or setting off costs from one mining area with another’s income. This ring fencing rule applies to AGA Ghana under the Obuasi TCA. Pursuant to the Ghana Stability Agreement, this change did not affect AGA Iduapriem until April 2019.

Between 2018 and 2019, the following changes have been made to the fiscal regime of Ghana:
The Minerals Income Investment Fund Bill has been passed by Parliament to establish a Fund to receive mineral royalties and related income as well as establish a special purpose vehicle to vest the Ghanaian Government’s carried interest in mining companies. It will also provide for the disbursement and management of the royalties received from mineral rights holders by Ghana’s Government. This would not impose any additional burden on mining companies such as AngloGold Ashanti but would only change the legal personality holding the Ghanaian Government’s carried interest; and
The Income Tax (Amendment) Act, 2019 (Act 1007) was passed to revise the rates of tax for the chargeable income for resident individuals, and to provide for a tax holiday for automobile manufacturers and assemblers.

VAT

In 2018, the Value Added Tax (Amendment) Act, 2018 (Act 970) revised the VAT rate on taxable supplies to 12.5 percent. The National Health Insurance (Amendment) Act, 2018 (Act 971) decoupled the National Health Insurance Levy of 2.5 percent from the VAT and as a result is no longer included in the VAT. Act 971 converted the NHI Levy into a straight levy which is not subject to the input and output method of accounting for VAT. Same was done for the Ghana Education Trust Fund portion of the VAT under the Ghana Education Trust Fund (Amendment) Act, 2018 (Act 972). The implication is an increase in the total tax liability payable by the consumer. However, by virtue of the Obuasi DA and Obuasi TCA, AGA Ghana will not be affected by these revised rates. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem is subject to these revised rates.

Income taxes

In November 2015, Parliament passed the Income Tax Act, 2015 (Act 896) (ITA) which repealed the Internal Revenue Act, 2000, (Act 592), as amended. The ITA became effective from 1 January 2016 for the 2016 year of assessment. The ITA ring fences and taxes income derived from mining operations at the rate of 35 percent. For the purpose of ascertaining the income of a person for taxation, each separate mineral operation is treated as independent business and taxed accordingly. The Obuasi TCA for AGA Ghana provides for a stabilised income tax rate of 32.5 percent. Pursuant to the Ghana Stability Agreement, the ITA did not apply to AGA Iduapriem until April 2019. Following its expiration, AGA Iduapriem currently pays income tax at the rate of 35 percent.

The ITA provides for the carrying forward of losses for up to five years and those losses carried forward can only be used in the order in which they were generated or incurred. The ITA further prohibits the deferment of capital allowances calculated or granted for a particular year.


The ITA imposes a withholding tax on dividends paid by a person conducting mineral operations in Ghana at 8 percent. This is regardless of the amount of shareholding a shareholder or shareholders may have in the entity paying the dividend. However, a person holding or controlling directly or indirectly at least 25 percent of the voting power of the company paying the dividend may be allowed some tax exemptions. The ITA also introduces some variation in the rates of withholding taxes. For example, payments for the supply of services (Payments with a Source in Ghana to Persons Other Than Individuals) has been increased from 5 percent to 15 percent; the withholding tax on resident Directors’ remuneration has been increased from 10 percent to 20 percent; and withholding taxes on natural resource payments and royalties have been increased from 10 percent to 15 percent. This may have an indirect impact on AngloGold Ashanti’s operations as this rate will have a material impact on the margins of suppliers and possibly their working capital. Suppliers may therefore seek to pass this on to AngloGold Ashanti by increasing their fees and charges.

The ITA also abolishes the flat 15 percent rate of tax on capital gains. Capital gains are now included in business or investment income and taxed at the applicable income tax rate which, for persons engaged in mineral operations, is 35 percent.

Our greenfields holdings/tenements consistVarious amendments were made to the ITA over the years. For example, the Income Tax (Amendment) Act, 2017 (Act 941) provides for the exemption from tax of the gains from the realisation of securities listed on the Ghana Stock Exchange and the Tax Amnesty Act, 2017 (Act 955) granted amnesty to persons who failed to register with the Commissioner-General or file their tax returns or pay taxes as required by enactments administered by the Commissioner-General.

Ground rent (mineral concession rent)

The Fees and Charges (Amendment) Instrument, 2015 (L.I. 2208) was passed by Parliament on 23 December 2015 and fixed, among other things, the payment of ground rent by mining companies at GHS 15 cedis per acre per annum.

AGA Ghana is paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Ghana leases. The Obuasi DA protects AGA Ghana from any increase in ground rent for the duration of that development agreement. AGA Iduapriem is also paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Iduapriem leases.

Customs Common External Tariff

Following the passage of the Customs (Amendment) Act, 2015 (Act 905) by the Ghana Revenue Authority, the ECOWAS Regional Common External Tariff (CET) came into effect on 1 February 2016 meaning that the Member States of the Economic Community of West African States (ECOWAS) will apply the same customs tariffs to third countries. The CET is one of the instruments utilised to harmonize regulation in ECOWAS Member States and strengthen its common market.

Royalties

Under the Minerals and Mining (Amendment) Act, 2015 (Act 900), the Minister will prescribe the royalty rate payable and the manner of payment by passing a Legislative Instrument or other subsidiary legislation. The current royalty rate amounts to 5 percent.

The company is required to pay ground rent to the Government of Ghana (as described above) as well as such other fees as are prescribed by legislation, including royalties on timber felled within the lease area.

Environmental laws relating to mining

In general, environmental laws and regulations in Ghana derive from the Constitution which imposes a duty on both the State and others to take appropriate measures to protect and safeguard the natural environment. Mining companies are required, under the GMM Act, Environmental Assessment Regulations, 1999 (L.I. 1652) and Water Use Regulations, 2001 (L.I. 1692), to obtain all necessary approvals from the Environmental Protection Agency (Ghana EPA), a regulatory body established under the Environmental Protection Agency Act, 1994 (Act 490), and, in appropriate cases, the Water Resources Commission and/or the Ghanaian Minerals Commission before undertaking mining operations. The Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182) also impose further obligations to obtain the necessary permits from the Inspectorate Division of the Ghana Minerals Commission for the operation of mines. The GMM Act also requires that mining operations in Ghana comply with all laws for the protection of the environment. Compliance with the relevant laws are enforced by a regime of sanctions including imposition of fines and in some cases a term of imprisonment.

As part of the Ghanaian environmental laws and regulations, mining operations are required to undergo an environmental impact assessment process that culminates in the issuance of an environmental permit prior to commencing operations. Environmental Management Plans are to be submitted to the Ghana EPA within 18 months after issuance of the environmental permit and then every three years thereafter. The plan must include details of the likely impacts of mining operations on the environment and local communities, as well as a comprehensive plan and timetable for actions to mitigate and remediate any adverse effects of the mining operations. Approval of the management plan results in the issuance of an environmental certificate.

In June 2014, the Ghana EPA and the Minerals Commission circulated draft Mining and Environmental Guidelines to all mining companies for comment. The guidelines concern environmental management, reclamation, closure requirements and the proposed

Mining Community Development Scheme and have not yet become effective. The Mining Community Development Scheme, which directly sponsors socio-economic development in communities in which mining operations take place or which are affected by mining activities, has since been established pursuant to the Minerals Development Fund Act, 2016 (Act 912).

Illegal and unsustainable mining practices

The Multilateral Mining Integrated Project (MMIP) is a 5-year project launched by the Government of Ghana in 2017 to address illegal and unsustainable mining practices in Ghana. The MMIP “combines a Legislation, Enforcement, Civil, Integrated and Technological Approach (LECITA) as a sustainable and structured yet regimented conjoint concept” to combat illegal mining. The MMIP involves (i) reviewing and enforcing the legal and regulatory regime of the small scale mining sector, (ii) reclaiming and rehabilitating degraded lands, (iii) dredging silted estuaries and waterways, (iv) implementing social interventions to facilitate livelihood creation in mining communities, (v) adapting technology to increase mining efficiency, processing, environmental protection and monitoring activities, and (vi) building the capacity of artisanal and small-scale miners and regulatory institutions.

In addition, other initiatives have been undertaken to combat illegal mining. For example, the Minerals and Mining (Amendment) Act, 2015 (Act 900) makes provision for the confiscation of the equipment of illegal miners and, as a result of recent illegal mining activities, the GMM Act was amended to increase penalties for illegal mining and expressly criminalize the aiding and abetting of illegal mining activities. The prescribed minimum sentence for illegal mining is now 15 years and maximum of 25 years for foreigners who engage in illegal mining.

Foreign exchange, export and other rules

Retention of foreign earnings

AngloGold Ashanti’s operations in Ghana are permitted to retain 80 percent of their foreign exchange earnings in an offshore foreign exchange account. In addition, the company has permission from the Bank of Ghana to retain and use US dollars, outside of Ghana, to fulfil payment obligations to the company’s hedge counterparties which cannot be met from the cash resources of its treasury company.

On 4 February 2014, the Bank of Ghana issued new directives as part of measures to streamline the collection and repatriation of export proceeds to Ghana. These directives included an instruction to all banks and authorised dealers to, within 5 working days of receipt of export proceeds, convert the proceeds into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 percentage in points (pips). Exporters with retention accounts were to continue to operate these accounts in accordance with their retention agreements. Retention proceeds which were sold to the banks were to be converted into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 pips. It further advised that offshore foreign exchange transactions by resident companies, including exporters, were strictly prohibited and exporters were to ensure that all export proceeds are repatriated in full. Failure to comply with the provisions attracts penalties including pecuniary sanctions, jail terms, suspension and revocation of the operating licence as applicable.

Following engagement with relevant stakeholders, the Bank of Ghana issued another notice clarifying that the transfer of foreign exchange to meet external payment obligations remains permissible for transactions such as:
redemptions and coupon payments on bonds held by non-residents;
investment income, technology and management transfer entitlements, expatriate emoluments, and other incentive packages and overseas commitments under provisions in various legislation and legislative instruments such as the GMM Act, and the Technology Transfer Regulations, 1992 (L.I.1547); and
other outward payments for imports of goods and services.

The notice also stated that all balances in Foreign Currency Accounts (FCAs) and Foreign Exchange Accounts (FEAs) will continue to be held in foreign currency and will not be converted into Ghana cedis. External transfers of up to $10,000 per annum without documentation from FEA and FCA are still permitted. Balances held in FEAs and FCAs continue to remain available for all legitimate external transactions.

The Bank of Ghana on 9 August 2014 further revised the rules on foreign exchange operations, effectively reversing the initial directives controlling transactions in foreign exchange. The key details are as follows:
Exporters shall continue to repatriate in full export proceeds in accordance with the terms agreed between the trading parties. Such proceeds shall be credited to their FEAs and converted on a need basis;
FEAs and FCAs will continue to be opened and operated as they were before the notices of 4 February 2014;
Except for transfers from FEA to FCA which are still prohibited, all other transfers between accounts are permitted;
FCAs shall be fed only with unrequited transfers such as transfers from abroad for investment or embassy transfers;
FEAs shall be fed with foreign exchange generated from activities in Ghana such as proceeds from exports of goods and services; and
The threshold for transfers abroad without initial documentation remains at $50,000.00.


The Bank of Ghana reiterated that the Ghana cedi remains the sole legal tender in Ghana. Therefore, pricing, advertising, invoicing, receiving, and making payments for goods and services should be done in Ghana cedis, unless otherwise authorized by the Bank of Ghana.

Existing measures that were not amended by this notice continue to remain in force. AngloGold Ashanti maintains and operates its FCA, FEA and retention accounts in compliance with the directives.

Rules regarding the export of gold and diamonds

The Bank of Ghana introduced new measures to regulate and monitor the export of gold and diamonds from Ghana in 2015. From 15 September 2015, all exports of gold and diamonds must be carried out through the Precious Minerals Marketing Company Ltd (PMMC), except where the exporter is the holder of a licence that permits it to export directly. The Ghana Revenue Authority (Customs Division) only permits gold to be exported by a licensed gold exporter who has a completed Form FEX A4 bearing Bank of Ghana’s embossment. The export measures do not apply to AngloGold Ashanti because the company holds a licence granted by the LNR Minister to sell and export its production.

The Bank of Ghana issued a notice (Notice No. BG/GOV/SEC/2016/02) which, among other things, allows mining companies to sell the portion of foreign exchange receipts from export that was earmarked for surrender to the Bank of Ghana directly to the commercial banks.

In November 2016, the Ministry of Lands and Natural Resources issued a ministerial directive appointing the PMMC as designated laboratory for assaying in Ghana. The directive requests all persons holding export licenses for gold to submit all gold to be exported to the PMMC for assay before export. Mining businesses, including AngloGold Ashanti, acting through the Ghana Chamber of Mines were opposed to this directive due to its potential negative impact on mining companies in the region. As a result, the Chamber initiated proceedings to reverse or modify the directive. Following discussions in respect of the mining industry’s concerns, the Chamber and Government agreed on the modalities for implementing the national assaying policy and it was introduced in February 2018 following a one-month pilot among certain mining companies. A final document for the implementation of the program will be executed once the Chamber and the PMMC address a few outstanding issues regarding assaying methodologies.

Localisation policy

Mining companies must submit a detailed programme for the recruitment and training of Ghanaians with a view to achieving “localisation”, which is the replacement of expatriate personnel in a company’s Ghanaian operations by Ghanaian personnel. In addition, mining companies must give preference to Ghanaian products and personnel, to the maximum extent possible, consistent with safety, efficiency and economies. The Minerals and Mining (General) Regulations, 2012 (L.I. 2173) give further details on the localisation policy.

Except as otherwise provided in a specific mining lease, all immovable assets of the holder of the mining lease vest in the State upon termination, as does all moveable property that is fully depreciated for tax purposes. Moveable property that is not fully depreciated is to be offered to the State at the depreciated cost. The holder must exercise his rights subject to such limitations relating to surface rights as the Minister of Mines may prescribe.

In January 2020, the Minerals Commission circulated draft Minerals and Mining (Local Content and Local Participation) Regulations intended to expand the scope of local content requirements in the mining industry. The draft specifically seeks to expand the number of mining related businesses required to comply with local content requirements.

AngloGold Ashanti’s rights and permits

Obuasi

The current mining lease for the Obuasi area was granted by the Government of Ghana on 5 March 1994. It grants mining concessions to land with an area of approximately 338 km2 in the Amansie East and Adansi West districts of the Ashanti region for a term of 30 years from the date of the agreement. In addition, a mining lease over 9,000kman adjacent 140 km2 was also granted, resulting in the total area under the mining lease increasing to 474 km2.

The Government of Ghana agreed to extend the term of the mining lease relating to the Obuasi mine until 2054. The mining lease was formally ratified by Parliament on 23 October 2008.

On 3 March 2016, the Minerals Commission approved AngloGold Ashanti Ghana’s application to surrender approximately 273.54 km2 of highly-prospective groundthe area to the Government of Ghana, reducing the lease areas to 201.46 km2. The remaining parcel of land that will be subject to the mining lease is situated within various villages and townships in the region but excludes the municipality of Obuasi.

AGA Ghana is not required to pay annual mineral right fees as the AGA Ghana Leases were granted prior to the enactment of the GMM Act which imposes such fees. The GMM Act provides that leases granted under laws subsisting immediately before the coming

into force of the GMM Act shall continue to be governed by such pre-existing laws. As a result, the AGA Ghana Leases are still regulated by the Minerals and Mining Law, 1986 (PNDCL 153), as amended (notwithstanding the repeal of PNDCL 153 by the GMM Act).

Iduapriem

The Iduapriem mine had been granted four countries: Australia, Colombia, Brazildifferent mining leases: the Iduapriem Mining Lease (36.47 km2), the Ajopa Mining Lease (46.12 km2), the Teberebie Mining Lease (28.53 km2) and the United StatesAjopa South West Mining Lease (28.10 km2). All four mining leases expired between 2018 and 2019. All relevant documents were submitted to apply for the renewal of the leases in September 2017. In January 2020, the Minerals Commission issued a Notice of Grant of Mining Lease for all four leases and the LNR Minister approved the grant of the mining leases. All four renewed leases will expire in February 2025.

AGA Iduapriem is required to pay an annual mineral right fee of $178,000 with respect to the Iduapriem Lease, $136,000 with respect to the Teberebie Lease, $134,000 with respect to the Ajopa South West Lease and $220,000 with respect to the Ajopa lease.

Guinea

General laws relating to mining

In Guinea, all mineral substances are the property of the State. Mining activities are regulated by law L/2011/006/CNT dated 9 September 2011 as amended by law L/2013/053/CNT dated 8 April 2013 and promulgated by decree D/2013/075/PRG/SGG dated 17 April 2013 (together, the Guinea Mining Code).

The Guinea Mining Code is accompanied and implemented by various implementation decrees. To date, various decrees have been adopted, including decree D/2014/015/PRG/SGG adopting a model of mining convention, dated 17 January 2014, order A/2016/1584/MMG/SGG related to the administration’s capacities for the management of integrated mining projects (PARCA-GPI) and its steering committee, dated 6 June 2016, decree D/2016/163/PRG/SGG on the national agency for the development of mining infrastructures (ANAIM), dated 13 June 2016, and decree D/2016/215/PRG/SRG on the appointment of executives to the Ministry of Mines and Geology, dated 8 July 2016. In 2017, the modalities regarding the use of the mining companies’ financial contribution to the development of the local communities and the rules applying to the Local Development Fund (Fodel) created under the Guinea Mining Code have been enacted through the adoption of decree D/2017/285/PRG/SGG setting the conditions for the constitution and management of the Fodel, dated 31 October 2017 and the joint order A/2017/6326/MMG/MATD/SGG setting out the conditions for the use, management and control of the Fodel, dated 22 November 2017. Also, a joint order AC/2017/3228/MATD/MMG/SGG updating the act on the establishment, attribution and functioning of the coordination committees in mining communities (CCLMS), dated 21 July 2017 has been issued by the Ministry of Territorial Administration and Decentralisation and the Ministry of Mines and Geology. The main purpose of the CCLMs, in which all concerned mining companies are represented, being to prevent and settle disputes that may arise in mining communities. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of the joint order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee.

AngloGold Ashanti’s rights and permits

The right to undertake mining operations in Guinea can only be acquired by virtue of one of the following mining titles: surveying permit, small-scale mining licence, exploration licence, mining licence or mining concession.

The group’s Guinea subsidiary, Société AngloGold Ashanti de Guinée SA (SAG), has title to the Siguiri mine in the form of a mining concession, granted by virtue of Presidential decree D/97/171/PRG/SGG dated 4 August 1997, for a period of 25 years (Mining Concession). The Mining Concession was originally covered by a mining convention entered into with the Republic of Guinea on 11 November 1993 (Convention de Base) and amended in 2005. The Convention de Base provided for an initial duration of 25 years and would have expired in 2018.

The Guinea Mining Code, which came into force after the conclusion of the Convention de Base, confirms the validity of mining titles previously issued. The Guinea Mining Code also provides that for holders of validly signed and ratified mining conventions, the application of the Guinea Mining Code will take place by way of amendments to the relevant mining convention (in the case of SAG, the Convention de Base), which amendments are to be negotiated between the mining concession holder and the State.

On 28 June 2016, SAG and the Government of Guinea concluded a revised and consolidated convention de base (Revised Convention de Base) which encompasses a renewal of the term of the original Convention de Base and other amendments necessary to support an expansion project proposed to extend the life of the Siguiri mine (the Expansion).

In compliance with the provisions of the Guinea Mining Code, the Revised Convention de Base was ratified by the Guinean National Assembly (law L/2016/N°067/AN dated 30 December 2016, promulgated by decree D/2017/015/PRG/SGG dated 24 January 2017),

submitted to the Guinean Supreme Court which rendered a favourable opinion (judgment N°AC 005 dated 16 January 2017), and ratified by the President of the Republic of Guinea (decree D/2017/021/PRG/SGG dated 24 January 2017).

As a consequence, as and from 24 January 2017, the Revised Convention de Base has cancelled and replaced the original Convention de Base and governs the operations at the Siguiri mine and under the Mining Concession.

Key elements of the Revised Convention de Base include ground positionsthe following:
a duration of 25 years, expiring 23 January 2042, subject to further renewal if mining operations continue at that time; and with the term of the Mining Concession being aligned with the term of the Revised Convention de Base such that the Mining Concession will be renewed as long as the Revised Convention de Base remains in Argentinaforce;
SAG’s operations remain governed by the 1995 Guinea Mining Code (the prior mining code) and Tanzania. Actual expenditureare only subject to the provisions of the Guinea Mining Code to the extent they are expressly set out in the Revised Convention de Base;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Convention de Base, and subject to certain conditions being met, any renewal period(s);
the Republic of Guinea holds a 15 percent free-carried/non-contributory interest;
the Republic of Guinea is entitled to a royalty on greenfieldgold of 5 percent based on a spot gold price as per LBMA fixing (PM) up until the date of steady state commercial production of the first phase of the Expansion, after which the royalty rate applicable to gold will vary depending on threshold prices as per LBMA fixing (PM), namely: 3 percent if the gold price is USD 1,300 or less, 5 percent, if above USD 1,300 and up to USD 2,000 and 7 percent if above USD 2,000;
SAG will enjoy a 5-year income tax holiday as and from the beginning of steady state commercial production of the first phase of the Expansion, after which the income tax rate is set at 30 percent;
a local development tax of 0.4 percent is payable on the sale price for gold and silver received by SAG up until 31 December 2027, after which it will be increased to 0.6 percent;
salaries of expatriate employees are subject to a 10 percent income tax;
goods imported into Guinea for purposes related to the construction and commissioning of the first phase of the Expansion are exempt from all customs taxes and duties; and
SAG is committed to adopting and progressively implementing a plan for the effective rehabilitation of the mining areas disturbed or affected by its operations.

The Mining Concession covers an area divided into four blocks and totalling approximately 1,495 km2. SAG has the exclusive right to explore and mine in any part of the concession area for the duration of the Revised Convention de Base. The Revised Convention de Base also grants SAG with the option to secure certain land rights over additional areas currently covered by exploration permits, but to which SAG may need access for purposes of establishing roads or storage of tailings.

The Revised Convention de Base is subject to early termination if the parties formally and expressly agree to it, if the last of the mining title held by SAG expires or is relinquished without any renewal application having been filed, if all project activities are voluntarily suspended for a continuous period of 12 months or are permanently abandoned by SAG, or if SAG goes into voluntary liquidation or is placed into liquidation by a court of competent jurisdiction.

Mali

General laws relating to mining

Mining Reform

The mining industry in Mali is currently undergoing a reform as the mining code enacted on 27 February 2012 (2012 Mali Mining Code), which, until recently, was the primary regulation in the mining sector, was replaced by ordinance No.2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (2019 Mali Mining Code). The revision process of Malian mining legislation is not yet completed as the 2019 Mali Mining Code is to be supplemented by one or several decree(s) containing the conditions of implementation of the 2019 Mali Mining Code. While the 2019 Mali Mining Code has entered into force, it appears that the Malian authorities are awaiting the finalization of the various implementing decree(s) to actually enforce the 2019 Mali Mining Code.

Pending the effective enforcement of the 2019 Mali Mining Code by the Malian authorities, the mining operations carried out by AngloGold Ashanti entities in Mali (as further described below), benefit from the stabilisation clauses in their mining conventions, and thus remain subject to the provisions of the previous mining codes of 1970 and 1991 and are also, for residual matters, expressly subject to the provisions of the 2012 Mali Mining Code. The transitory rules of the 2012 Mali Mining Code specify that provisions in respect of certain matters such as administrative surveillance, mine police, rehabilitation and mine closure apply to mining titles issued prior to its entry into in force.

Once the 2019 Mali Mining Code is enforced by the Malian authorities, AngloGold Ashanti entities in Mali will be subject to all the provisions of the 2019 Mali Mining Code except with respect to the validity, scope and duration of their exploitation permits and the provisions on tax and customs regime contained in their mining conventions for their remaining duration. In this regard, the transitory

rules of the 2019 Mali Mining Code specify that mining conventions in force remain valid for their remaining term and their holders continue to benefit from the stability of the tax and customs regime set out therein.

Mining regime

The mining regime deriving from the 2019 Mali Mining Code remains incomplete to date, pending the adoption of the implementing decree(s).

Exploration and prospecting activities are carried out under exploration authorizations (autorisation d’exploration) or exploration permits (permis de recherche). Exploration authorizations and exploration permits give their holder the exclusive right to carry out exploration activities over a given area. Exploration authorizations are granted for a non-renewable period of three years, while exploration permits are renewable twice for additional 3-year periods.

Applications for exploration authorizations and exploration permits must contain various documents attesting to the financial and technical capacity of the applicant as well as a detailed works and costs programme. Exploration authorizations are granted by the Mining Administration (Administration chargée des Mines) while exploration permits are granted by Ministerial Order.

A large scale permit exploitation permit (permis d’exploitation de grande mine) is required to mine a deposit located within the area of an exploration permit. The large scale exploitation permit grants an exclusive right to exploit the named substances and proceed with the processing and commercialization of the substances extracted within its perimeter. Large scale exploitation permits are granted for a maximum period of 12 years renewable for 10 year-periods until depletion of the deposits. The large scale exploitation permit is granted only to the holder of an exploration permit and covers only the area governed by the exploration permit. An application must be submitted to the Mining Administration (Administration chargée des Mines).

As soon as the large scale exploitation permit is granted, the permit holder must incorporate a company under the laws of Mali. The permit holder will assign the large scale exploitation permit for free to this company. The State will have a 10 percent free-carried interest in the company. This interest will be converted into priority shares and the State’s participation will not be diluted in case of an increase in capital. In addition, the company is required to ensure that private Malian investors are offered the possibility to acquire 5 percent of their capital.

Applications for large scale exploitation permits must contain various documents attesting to the financial and technical capacity of the applicant, a feasibility study, a detailed environmental study in respect of the impact of the project on the environment, an environmental permit, a closure and rehabilitation plan as well as a community development plan. The large scale exploitation permit is granted by decree of the Head of Government.

All mining titles mentioned above require an establishment convention (convention d’établissement) to be signed by the State and the titleholder defining their rights and obligations, the duration of which is 20 years.

AngloGold Ashanti’s rights and permits

Historically, AngloGold Ashanti had interests in Morila, Sadiola and Yatela, all of which are governed by establishment conventions covering exploration, mining, treatment and marketing in a comprehensive document. These documents include general provisions regarding exploration (work programme, fiscal and customs framework) and exploitation (formation of a local limited liability mining company, State interest, fiscal and customs framework governing construction and exploitation phases, exchange controls, marketing of the product, accounting regime, training programmes for local labour, protection of the environment, reclamation, safety, hygiene and dispute settlement). AngloGold Ashanti complied with all applicable requirements and the relevant permits were issued (subject to the developments regarding the permit for Yatela, as described below).

Morila’s exploitation permit covers approximately 200 km2 and was $30.7missued on 4 August 1999. Morila has a 30-year permit which expires in 2029. Mining of ore has ceased at Morila.

On 23 December 2019, AngloGold Ashanti announced that it, together with its joint venture partner IAMGOLD Corporation, has agreed to sell their interests in Société d’Exploitation des Mines d’Or de Sadiola S.A. to Allied Gold Corp. This sale transaction is subject to the fulfilment, or waiver, of a number of conditions precedent which are expected to be fulfilled or waived by the end of April 2020. Sadiola’s prospecting and exploitation agreement covers approximately 303 km2 and was originally entered into on 5 April 1990. Sadiola has a 30-year permit which expires in 2024.

On 14 February 2019, AngloGold Ashanti sold, together with its joint venture partner IAMGOLD Corporation, their holdings in Société d’Exploitation des Mines d’Or de Yatela to the Government of Mali. Certain conditions precedent currently remain outstanding. Prior to the sale, Yatela had begun the implementation of a closure plan in order to relinquish the property. In parallel, discussions had been ongoing for the Government of Mali to take over the residual operations as well as the implementation of the closure plan. In the course of these discussions, an administrative error occurred, leading to the cancellation of Yatela’s permit through decree 2017/0613/PM-RM dated 28 July 2017, notified to Yatela on 5 October 2017. This error has since then been corrected through the issuance of decree 2017-00951/PM-RM dated 28 November 2017 and decree n°2018-0368/PR-RM dated 12 April 2018, the purpose

of which was to reinstate Yatela in all of its rights under its exploitation permit. Yatela’s exploitation permit covers approximately 212 km2. Yatela has a 30-year permit which expires in 2030.

Tanzania

General laws relating to mining

Tanzania Mining Act and Tanzania Mining Regulations

Mineral rights in the United Republic of Tanzania are principally governed by the Mining Act, 2010 (No. 14) (Tanzania Mining Act) as amended in 2017 by the Written Laws (Miscellaneous Amendments) Act, 2017 (No. 7) and which was revised and published by the Attorney General of Tanzania on 30 October 2018 as the Mining Act, Chapter 123 (R.E. 2018), and the Mining Regulations, 2010 (Tanzania Mining Regulations), as amended in 2018, which include: Mining (Mineral Beneficiation) Regulations, 2018 as amended in 2019; Mining (Minerals and Mineral Concentrates Trading) Regulations, 2018 as amended in 2019; Mining (Radioactive Minerals) Regulations, 2018; Mining (Local Content) Regulations, 2018 as amended in 2019; Mining (Geological Survey) Regulations, 2018; and the Mining (Audit and Inspection of Records) Regulations, 2018. Other regulations are: Mining (Environmental Protection For Small Scale Mining) Regulations, 2010; Mining (Safety, Occupational Health and Environmental Protection) Regulations, 2010; Mining (Mineral and Gem Houses) Regulations, 2019; Mining (Mining Shareholding and Public Offering) Regulations, 2016 as amended in 2017; Mining (Diamond Trading) Regulation, 2019; Natural Wealth and Resources (Permanent Sovereignty) Code of Conduct for Investors in Natural Resources Regulations, 2020 (Permanent Sovereignty Regulations); and The Natural Wealth Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020. The application of the Code of Conduct under the Permanent Sovereignty Regulations extends to employees, agents, suppliers and consultants and requires them to comply with other binding instruments and decisions made based on such instruments, in addition to policies, laws and regulations. The Permanent Sovereignty Regulations make it mandatory to seek the advice of an office bearer or the office of Attorney General, if the requirements of the Code, provisions of the Mining Act or other instruments relating to natural wealth and resources become ambiguous, unclear or in conflict resulting into uncertainty. Further, the Code of Conduct requires investors to conduct periodic reviews in respect of their compliance with such legislation in order to ensure that the investment does not result into unconscionable behaviours prohibited by the laws of Tanzania.

The Tanzania Mining Act and the Tanzania Mining Regulations came into force in November 2010 followed by amendments to the Tanzania Mining Act in 2017 and subsequent amendments to the Tanzania Mining Regulations in 2018 and 2019.

Amendments of the Tanzania Mining Act and the Tanzania Mining Regulations

As mentioned above, the Tanzania Mining Act was amended in 2017 followed by an amendment of the Tanzania Mining Regulations in 2018, together with an Executive Order introducing the following:
Dissolution of the Tanzania Minerals Audit Agency whose functions and powers have now been transferred to the Geological Survey of Tanzania (GST);
Dissolution of the Mining Advisory Board and introduction of the Tanzania Mining Commission. The functions and powers of the Mining Advisory Board have been taken over by the Mining Commission, including the functions of the Commissioner for Minerals. However, the Mining Commission has been made responsible for matters related to auditing and monitoring of mineral production in Tanzania. The Mining Commission has powers to audit quality and quantity of mineral produced and exported by mining entities, financial records of mining entities for the purposes of tax assessments, and environmental management expenditures of the mining entities for the purpose of assessment of compliance to the mine closure plan. Mineral rights holders were required to submit all geological information in their possession to the GST;
A local content requirement for procurement of goods and services: the Tanzania Mining Act requires that mining companies must give: (i) first consideration to good and services provided or manufactured in Tanzania where they meet mining industry specifications (established by the Standards Authority / internationally acceptable standards), (ii) first consideration for employment to qualified Tanzanians, and (iii) adequate provision for on-the-job training of Tanzanians. Specific minimum local content thresholds are specified in Schedule 1 to the Tanzania Mining Regulations. These will be determined by the Mining Commission alongside the work programme. The relevant Minister may prescribe additional minimum local content thresholds;
To qualify for holding a Mining Licence in Tanzania, 5 percent of a licensee’s equity must be held by Tanzanians, with 80 percent of its managerial positions held by Tanzanians and 100 percent of other positions held by Tanzanians, in addition to the shareholding of the Government of Tanzania pursuant to Section 10 of the Tanzania Mining Act (i.e. free-carried interest). This amount is determined, and may be varied, by the relevant Minister;
Establishment of the Local Content Committee (LC Committee) which will oversee the implementation of the Tanzania Mining Regulations and which is composed of a member of the Mining Commission, the Director of Labour and Employment, a member of the Tanzania Private Sector Foundation, the CEO of the Geological Survey of Tanzania, the head of legal services at the Ministry for Minerals and the Executive Secretary of the Mining Commission. The LC Committee sets minimum standards for local content plans and reports to the Mining Commission;
Introduction of a statutory procedure for the conduct of Corporate Social Responsibility (CSR), whereby a company is required to prepare annually a credible CSR plan jointly agreed with the local government authorities in consultation with the Minister for Finance and the Minister for Local Government Authorities; and
Cancellation of retention licences; right over such licences revert to the Government of Tanzania.


Minimum shareholding and public offering

The Mining (Minimum Shareholding and Public Offering) Regulations, 2016 came into force by Government Notice No. 286 published on 7 October 2016 and revised by amendment on 24 February 2017. On 10 January 2018, the Government of Tanzania published its new Tanzania Mining Regulations, 2018, which contain, amongst others, the implementation provisions of the amended Tanzania Mining Act.

The regulations set out the requirement to sell shares to Tanzanian nationals, by way of a public offering and listing on the Dar es Salaam Stock Exchange, which will apply to companies that are carrying out large scale mining operations. The regulations also require all existing holders of a special mining licence to list a minimum of 30 percent of their shares on either the Main Investment Market or the Enterprise Growth Market Segment of the Dar es Salaam Stock Exchange within 6 months of the regulations coming into force, which was on 24 February 2017. However, we believe the listing requirement conflicts with the mining development agreement.

Arbitration

Along with other major mining companies, AngloGold Ashanti’s subsidiaries are seeking a constructive dialogue with the Government of Tanzania to gain assurances that the Geita gold mine will not be affected by the legal and fiscal changes mentioned above, given their mining development agreements which guarantee fiscal and regulatory stability as well as an agreement between all parties before material legal and regulatory changes are made. As a precautionary step to safeguard its interests, AngloGold Ashanti commenced international arbitration proceedings against the Government of Tanzania in connection with the enactment of this included over 64kmlegislation in July 2017. These arbitral proceedings are currently stayed until 13 May 2020 in order to afford the parties the opportunity to achieve an amicable resolution of diamond, reverse circulation and aircore drilling.the dispute.

In Australia,The arbitration action against the Government of Tanzania seeks declaratory relief in accordance with the terms of the mining development agreement to preserve the company’ and its shareholders’ rights and interests in the Laverton district, exploration commencedGeita gold mine, including confirmation from the Government of Tanzania that the company is exempt from the listing requirement. The arbitration proceedings also seek to confirm that AngloGold Ashanti does not, as a result of its existing mining development agreement, fall within the scope of the new mining legislation, under which the Government of Tanzania has the right to (i) renegotiate existing mining agreements at its discretion, (ii) receive a free-carried interest of no less than 16 percent in all mining projects, and (iii) acquire up to 50 percent of the shares of the mining company commensurate with the total tax expenditure incurred by the Government in favour of the mining company, and which includes an increase in the rate of revenue royalties from 4 to 6 percentand a 1 percent clearance fee. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirement, will not apply to its operations in Tanzania and the outcome of the arbitration action may have a material adverse impact on the company’s results of operations and financial condition. See also “Item 8A: Legal Proceedings-Tanzania”.

Mineral right licences

Ownership of and control over minerals on, in or under the land vest in the President of the United Republic of Tanzania. No person is allowed to prospect for minerals or carry on mining operations except pursuant to the authority of a mineral right licence granted, or deemed to have been granted, under the Tanzania Mining Act or its predecessor acts. To enable a company to prospect or mine, the Tanzania Ministry of Minerals (MEM) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MEM may then grant a form of licence for mining. Licensing decisions take into account the abilities of the company (including its mining, financial and technical capabilities), projected rehabilitation programmes, environmental compliance and the payment of royalties.

The following licences can be applied for under the Tanzania Mining Act:

Licences for Exploration:
prospecting licence; and
gemstone prospecting licence.

Licences for Mining:
special mining licence (if the proposed capital investment is equal to at least USD 100 million);
mining licence (if the proposed capital investment is equal to between USD 100,000 and USD 100 million); and
primary mining licence (reserved for Tanzanian citizens).

Licences for Ancillary Activities:
processing licence;
smelting licence; and
refining licence.



For purposes of AngloGold Ashanti’s Geita gold mine, only prospecting and special mining licences are relevant.

A prospecting licence grants the holder the exclusive right to prospect in the area covered by the licence for all minerals within the class of minerals applied for. The classes that can be applied for include, amongst others, metallic minerals; energy minerals; gemstones other than kimberlitic diamonds; and kimberlitic diamonds.

An application for a prospecting licence is made to the Mining Commission and the licence is valid for an initial term of four years. After the initial term, the licence is renewable for a further period of three years, with no option for renewal thereafter. Upon renewal, 50 percent of the area covered by the licence must be relinquished. A company applying for a prospecting licence must, amongst other things, state the financial and technical resources available to it.

Holders of prospecting licences over a tenement will not automatically have first right to any mining licence granted over that tenement. However, in practice, they will be best positioned to meet the requirements to be granted a form of licence for mining.

Holder of prospecting licences have the obligations to: (i) commence prospecting operations within three months or such further period as the Mining Commission may allow from the date of the grant of the licence or the date as stated in the licence as commencement date; (ii) give notice to the Mining Commission on discovery of any mineral deposit of potential commercial value; and (iii) adhere to the prospecting programme which is attached to the licence and expend on prospecting operations not less than the amount prescribed.

A prospecting licence is not freely transferable and requires the Mining Commission to be notified of any transfer of a prospecting licence. The Mining Commission will refuse to register the transfer unless the transferee proves that it meets the financial and technical capability criteria required to apply for such licences.

Mining Licence / Special Mining Licence

Mining is mainly carried out through either a mining licence or a special mining licence, both of which confer on the holder the exclusive right to conduct mining operations in or on the area covered by the licence. A special mining licence is granted for the shorter of either the estimated life of the ore body indicated in the feasibility study report or such period as the applicant may request. It is renewable for a further period not exceeding the estimated life of the remaining ore body.

The holder of a special mining licence may apply for renewal of its licence at any time but no later than one year before the expiry of the licence. The renewal shall not be for a period exceeding the estimate life of the remaining ore body. The Mining Commission may reject an application for renewal if: (i) the applicant is in default; (ii) the applicant was issued with a notice of default and failed to rectify the default or the default is capable of remedial; (iii) the development of the area has not proceeded with reasonable diligence as agreed in the relevant mining development agreement; (iv) minerals are not produced in workable quantities; (v) the program of intended mining operations for the renewal will not ensure proper development of resources; and (vi) the applicant does not have the relevant environmental certificate as required by the Environmental Management Act, 2004 (No. 20).

Except in the case of a special mining licence, a mineral right may be freely transferred by its holder (in whole or in part) to another person or entity without requiring consent from the Mining Commission which is the relevant licensing authority. The grant and assignment of a special mining licence generally requires the approval of the Cabinet after the Mining Commission has forwarded the application to the Minister of Minerals for further approval. There are limited exceptions to the requirement for the licensing authority’s consent (such as transfers to an affiliate company of the licence holder or to a financial institution or bank as security for any loan or guarantee in respect of mining operations).

Special mining licences have certain fiscal and other advantages over mining licences, as the holder of a special mining licence may enter into a mining development agreement with the Government of Tanzania to guarantee the fiscal stability of a long-term mining project and make special provision for the payment of royalties, taxes, fees and other fiscal imposts and a special mining licence holder may, in certain circumstances, unilaterally amend the programme of the mining operations agreed with the MEM.

Tax laws relating to mining

Finance Act

The Finance Act, 2015 (No. 16) which was assented to on 28 June 2015 and came into force on 1 July 2015 contains a provision for a 30 percent capital gains tax on the sale of shares by an offshore parent company. This provision was introduced by the Finance Act, 2012 (No. 8) and in this legislation, additional changes were also made to the procedure for payment of capital gains tax by the seller of shares. Tax at the rate of 30 percent is payable by way of an initial instalment of 20 percent on the transfer, based on the notional gain that the seller would make after a further instalment of the remaining 10 percent is due.

The Finance Act, 2017 (No. 4) came into force on 1 July 2017 and imposes and alters certain taxes, duties, levies and fees. It further amends certain written laws relating to the collection and management of public revenue. Among other provisions, it has introduced inspection or clearance fees on the exportation or domestic use of minerals. Such exportation or domestic use is restricted unless

such minerals have been inspected or cleared at the mining areas, ports, airports, border or posts and the clearing fee of 1 percent of the gross value of the minerals has been paid by the exporter or any other person in possession thereof.

Value Added Tax Act

The Value Added Tax Act, 2014 (No. 5) (VAT Act), which came into force on 1 July 2015, restricts VAT relief on purchases made by mining companies. The VAT Act is specific in that it provides that no purchase by companies is exempt or zero rated, unless specified by the law. Previously mining companies were entitled to 100 percent VAT relief.

Local Government Levies

As mentioned below, following the signature of an addendum to the mining development agreement, Geita gold mine is required to pay local government a service levy of 0.3 percent of its gross annual turnover in line with the Local Government Finances Act, 1982 (No. 9).

Environmental Management Fees and Charges

The Environmental Management (Fees and Charges) (Amendment) Regulations, 2016 (EM Regulations), which came into effect on 2 May 2016, introduced new fees in relation to the review of the Environmental Impact Assessment on projects by the National Environmental Management Council (NEMC). According to the EM Regulations, the fees involved are “0.1 percent of the total project costs”. However, the EM Regulations have not defined the term “project cost” nor have they provided a detailed breakdown on the determination of the project cost.

Labour laws

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, 2015 (No. 1) (Non-Citizens Act) came into force. The Non-Citizens Act vests powers concerning work permits with the Labour Commissioner. Therefore, non-citizens wishing to be employed in the country are required to apply and be granted a work permit before applying for a residence permit. Before granting the work permit, the Labour Commissioner must satisfy himself that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan which sets out a well-articulated plan for the transfer of the non-citizen’s knowledge and expertise to Tanzanian citizens. Moreover, the Commissioner General of Immigration is required to take into consideration conditions of the work permit issued by the Labour Commissioner when granting a residence permit. Previously, the issuance of a residence permit was inclusive of a work permit. The resident permit covered working and living in Tanzania.

Further, the Non-Citizens Act introduced the Short-Term Permit (STP). The STP is granted to non-citizens who wish to work in the country for a period of not more than six months. Foreigners intending to work in Tanzania for more than three months are required to apply for an STP. The application for an STP is made to the Ministry of Labour and Employment.

Section 46(6) of the Social Security Laws (Amendments) Act, 2012 (No. 5) amended the National Social Security Fund Act, 1997 (No. 28) by providing that “an employer of a non-citizen shall remit contribution for such employee in accordance with the Act”. This means that from 15 June 2012 non-citizens are also required to be insured as any other person and their contributions should be channelled to the Nationals Social Security Fund.

The Workers’ Compensation Act, 2008 (No. 20) requires a company as the employer to contribute 1 percent of the employee’s salary and fixed allowance to the Workers Compensation Fund. Following the adoption of the Workers’ Compensation Regulations 2016, all employers were required to implement the requirements of the Workers’ Compensation Act by 30 June 2016.

Transparency and accountability laws

In 2015, the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (No. 23) (TAA) came into force. The TAA establishes the Tanzania Extractive Industries (Transparency and Accountability) Committee (TAA Committee), an independent Government entity which is an oversight body for promoting and enhancing transparency and accountability in the extractive industry.

The TAA Committee has powers under the TAA to impose obligations on specified extractive industries and statutory recipients to receive information on reconciliation on payments made and revenues received by the Government of Tanzania. In addition, an extractive industry is required under the TAA to submit to the TAA Committee annual reports containing information on local content and corporate social responsibility. Further, the TAA demands all concessions, contracts and licences to be made public as well as all revenue collected from the extractive industry.

Natural resources legislation

The Government of Tanzania enacted two laws in respect of natural resources that came into force in July 2017: the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017 (No. 6) (Unconscionable Terms Act)

and the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (No. 5) (Permanent Sovereignty Act and together with the Unconscionable Terms Act, the Natural Resources laws).

The Natural Resources laws provide that Tanzania has sovereignty over its natural resources and require that all arrangements or agreements that relate to “natural wealth and resources” are subject to review by the National Assembly. Such agreements must fully secure the interests of the people of Tanzania. During a review all unconscionable terms as interpreted in accordance with the law are expunged from the agreement. The laws also require that new natural resources agreements are reviewed by the Government. The natural wealth and resources of Tanzania shall be inalienable and remain as the property of the people of Tanzania held in trust by the President.

In addition, under the laws, disputes over natural wealth and resources will not be subject to any proceedings in any foreign court or tribunal. As a result, investors are restricted from accessing international dispute resolution mechanisms. Accordingly, companies are now required to adopt Tanzanian law and local dispute resolution in all mining agreements. As such, all disputes will be handles by Tanzanian judicial bodies or any other Tanzania government body vested with powers to resolve disputes.

Moreover, every undertaking must demonstrate “guaranteed returns into the economy” from all earnings accrued or derived from such extraction, exploitation or acquisition and use. In addition, to ensure that the Government and the people of Tanzania obtain an equitable stake in the exploitation of mining resources, all project earnings must be retained in Tanzanian banks. Investors are also prevented from freely exporting raw minerals and repatriating funds.

In particular, under the Unconscionable Terms Act, a term is considered “unconscionable”, if the requirements or provisions of the agreement:
Aim at restricting the right of the state to exercise full permanent sovereignty over its wealth, natural resources and economic activity;
Are restricting the right of the state to exercise authority over foreign investment within the country and in accordance with the laws of Tanzania;
Are inequitable and onerous to the state;
Restrict periodic review of life-time arrangements or agreements;
Secure preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor;
Are restricting the right of the state to regulate activities of transnational corporations within the country and to take measures to ensure that such activities comply with the laws of the land;
Are depriving the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country;
Are by nature empowering transnational corporations to intervene in the internal affairs of Tanzania;
Are subjecting the state to the jurisdiction of foreign laws and foreign courts or tribunals;
Expressly or implicitly undermine the effectiveness of state measures to protect the environment or the use of environmental friendly technology; or
Aim at doing any other act the effect of which undermines or is injurious to the welfare of the people of Tanzania or the economic prosperity of the nation.

Section 6 of the Unconscionable Terms Act specifically provides that where there is an unconscionable term, the National Assembly may pass a resolution for re-negotiation of the agreement whereupon the Government shall serve notice to the investor to re-negotiate the term or agreement. The Government and the particular investor have 90 days from the notice date to re-negotiate the term or agreement. This period can be extended if both parties consent. If both parties fail to revise the unconscionable term, the term will be deemed removed from the agreement.

AngloGold Ashanti’s rights and permits

The Geita gold mine is located in the Lake Victoria goldfields of the Mwanza region of Tanzania. AngloGold Ashanti has concluded a mining development agreement with the Ministry of Minerals on 24 June 1999 and was issued a special mining licence covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024.

On 9 October 2014, an addendum to the mining development agreement was entered into ratifying the following changes:
An increase in the royalty rate from 3 percent to 4 percent with effect from 1 May 2012;
With effect from the financial year 2015, the capital allowance applicable to the unredeemed qualifying capital expenditure (15 percent per annum) referred to in section 18(a) of the Income Tax Act, 1973 (No. 33) shall no longer apply; and
With effect from 1 July 2014, Geita Gold Mining Limited is liable to pay the Geita District Council Levy at a rate of 0.3 percent on turnover (no longer capped at USD 200,000 per annum as provided under Article 4 of the company’s mining development agreement).

In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining license from open pit to underground method, subject to the requisite terms and conditions.

AUSTRALIA

General laws relating to mining

In Australia, with a few exceptions, all onshore minerals are owned by the Crown. The respective Minister for each state and territory is responsible for administering the relevant mining legislation enacted by the states and territories.

Native title legislation applies to certain mining tenements within Australia. Australia recognises and protects a form of native title that reflects the entitlement of Aboriginal people to their traditional lands in accordance with their traditional custom and laws. Should native title claims or determinations exist, certain native title processes and procedures will apply under the Native Title Act 1993 (Cth) (Native Title Act) before the tenure is granted. Tenure may be granted subject to conditions relating to native title rights. In the mining context, native title matters are managed as part of the Butcher Welltenement grant process. If disputes arise in relation to the grant of a particular tenement, they can be referred to the National Native Title Tribunal, established under the Native Title Act, for resolution. Native title legislation also provides a framework for compensation to be paid for acts that affect native title rights and Lake Carey farm-in agreementinterests. Ordinarily, the relevant Commonwealth or State government is liable to pay compensation for acts attributable to it. However, under the Mining Act 1978 (WA) liability for compensation associated with Saracen Mineral Holdings. The agreement givesnative title can be passed back to the holder of a mining tenement at the time of a determination of native title compensation.

State and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the native title legislation. They exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. Where an area of heritage significance is placed on the national or world heritage registers, federal approval processes may also apply. To date, there has not been any significant impact on any of AngloGold Ashanti earn-in rightsAshanti’s tenure due to 340km2 of tenements on and along the western margin of Lake Careynative title or heritage legislation.

AngloGold Ashanti’s operating properties are located in the Laverton districtstate of Western Australia including those hostingwhere tenure is issued under, and mining operations are governed by, the historically-mined Butcher WellMining Act 1978 (WA). The most common forms of tenure in Western Australia are exploration and prospecting licences, mining leases, miscellaneous licences and general purpose leases. In most Australian states, if the holder of an exploration licence establishes indications of an economic mineral deposit in the area covered by the exploration licence and complies with the conditions of the grant, the holder of the exploration licence has a priority right against all others to be granted a mining lease which gives the holder exclusive mining rights with respect to minerals on the property. In Western Australia, a general purpose lease may also be granted for one or more of a number of permitted purposes. These purposes include erecting, placing and operating machinery and plants in connection with mining operations, depositing or treating minerals or tailings and using the land for any other specified purpose directly connected with mining operations.

It is possible for an individual or entity to own an area of land for infrastructure purposes and for another individual or entity to be granted the right to explore for or mine any minerals located on or under the surface of the same area. The maximum initial term of a mining lease in Western Australia is 21 years and the holder has the right to renew the lease for an additional 21 years. Subsequent renewals are granted at the discretion of the respective state or territory’s minister responsible for mining rights. In Western Australia, mining leases can only be assigned with the prior written consent of the minister.

Tax laws relating to mining

Government royalties are payable by the holder of mining tenure in respect of minerals obtained from the relevant area of land at the rates specified in the relevant legislation in each state or territory. The royalty on gold deposits. AngloGold Ashanti can earn up to 70production in Western Australia is payable quarterly at a fixed rate of 2.5 percent of the royalty value of gold metal produced. The royalty value is calculated by multiplying the amount of gold produced during a given month by the average gold spot price for that month. In addition, the holder of a mining tenement is required to pay annual rent in respect of the tenement. In Western Australia there is a minimum annual expenditure requirement for prospecting and exploration licences and mining leases. Exemptions from the expenditure requirement can be obtained if certain conditions are satisfied.

Environmental laws relating to mining

Mining tenements will be granted with endorsements and conditions relating to protection of the environment. Exploration and mining operations may also require separate approval from the state, territory or federal environment minister, which may require completion of an environmental impact assessment pursuant to applicable protection legislation prior to commencement. Further, an operating licence under the relevant environmental protection legislation in the state or territory may also be required for certain mine processing or mining-related operations. Depending on the jurisdiction, a further separate approval may be required for the removal of native vegetation within the tenement.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti has been granted 21-year term mining leases with rights of renewal to all of its mining areas in Australia, including its proportionate share of joint venture by spending A$15m within 48 months from startoperations and accordingly it has, together with its joint venture partners where applicable, the exclusive right to mine in those areas. Both the group and its joint venture partners are fully authorised to conduct operations

in accordance with relevant laws and regulations. The mining leases and rights of renewal cover the current life-of-mine at AngloGold Ashanti’s operations in Australia.

At Sunrise Dam the deposit is now situated upon two mining leases covering approximately 7,808 hectares and another mining lease of 1,768 hectares contains related infrastructure. Both leases are currently in good standing, with expiry dates in 2038.

At Tropicana, the deposit is situated upon a single mining lease covering approximately 27,228 hectares, which is currently in good standing, with an expiry date in 2036.

AngloGold Ashanti is also conducting early stage exploration activities in Queensland under the Mineral Resources Act 1989 (QLD). AngloGold Ashanti holds 18 exploration permits covering 497,087 hectares. Each permit is granted with an initial term of five years, renewable for further periods of not more than five years. There is an entitlement to earn 51 percentconvert exploration permits to mining titles in the form of mining claims, mining leases or mineral development licences.


AMERICAS

Argentina

General laws relating to mining and a further A$10m within 24 months thereafter to earn 70 percent. Work completed as partland ownership

Mining regime

The Argentinean Mining Code governs mining activity in the country. Special regimes exist for hydrocarbons and nuclear minerals. In the case of most minerals, the Argentinean Mining Code establishes that the owner of the agreementland is not the owner of the mineral rights; these are held by the national or provincial governments (depending on the location of the minerals). The national or provincial government, as applicable, is required by the Argentinean Mining Code to grant whomever discovers a new mine title to the mining concession.

The Argentinean Mining Code regulates exploration permits and mining concessions. Exploration permits grant their holders exclusivity rights to any mineral discoveries, including those made by a third party within the exploration area covered by the permit. Exploration permits are limited in 2017 included 26.6kmtime and as to the extent of reverse circulationthe exploration area, are subject to the payment of a single-time fee, and diamond drilling, 20.4kmalso require a minimum exploration work programme and schedule to keep the permit in force.

The Argentinean Mining Code also regulates mining concessions, or exploitation rights. Priority for receiving a mining concession is given to the registered discoverer of aircore drillingthe mine, which holds the exploration permit. Once the application for a mine has been submitted, the applicant may commence works and 3,897 ground gravity stations.must submit a legal survey of the units requested for the new mine. The work focused on Butcher Well, where drilling returned several very encouraging intercepts. application and the legal survey may be opposed by third parties following specific proceedings set forth in the Argentinean Mining Code. Approval and registration of the legal survey by the provincial mining authority constitutes formal title to the mining concession.

Holders of mining concessions must comply with three main conditions: payment of an annual fee, investment of a minimum amount of capital, and the carrying out of a reasonable level of exploitation. Failure to do so could lead to forfeiture of the mining concession, which would then revert back to the Province.

In addition aircore drillingto the Argentinean Mining Code, between 1993 and 1995, Argentina implemented several federal laws to offer foreign companies attractive incentives for exploration and mining in Argentina, the Mining Investment Law (Law No. 24, 196), as amended (Mining Investment Law), and related legal provisions being the most important one. Such incentives include, amongst others, import duty exemptions, accelerated depreciation of fixed assets, a 3 percent cap on provincial royalties set at pit-head value on the nearby Mt Minniemineral extracted, value added tax refunds for exploration-related expenses incurred by companies registered under the Mining Investment Law, and, subject to the filing of a feasibility study for the relevant mining project, returneda 30-year stability as to the tax burden on the project and the customs and foreign exchange regimes and duties. Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate in 1996.

Glacier Law

On 30 September 2010, the National Law on Minimum Requirements for the Protection of Glaciers (Law No. 26, 639) (Glacier Law) was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. The Glacier Law also subjects on-going mining activities in those areas to an environmental audit. If such audit results in material impacts on glaciers and “peri-glacial” areas, the relevant authority is empowered to take action, including suspension or relocation of the activity. The Glacier Law establishes a broad definition of “peri-glacial” areas that, together with glacial areas, must be surveyed by an existing national government agency specifically appointed to this end every five years. The area where the Cerro Vanguardia project is located does not include any glaciers or peri-glacial areas according to the inventory of glaciers which was published in June 2018. The constitutionality of the Glacier Law has been challenged by some mining companies along with the

Province of San Juan (which hosts large mining projects), but the National Supreme Court of Justice of Argentina rejected these claims on 4 June 2019.

Rural Land Law

On 27 December 2011, the Argentinean National Congress passed a law on the Regime for Protection of National Domain over Ownership, Possession or Tenure of Rural Land (Law No. 26, 737) (Rural Land Law) which implemented a set of rules restricting the ownership of rural land by foreigners (including foreign individuals or any kind of legal entity controlled by foreign individuals or legal entities). The main restrictions are as follows: (i) foreigners cannot own in the aggregate more than 15 percent of the entire rural land of Argentina, the same cap being applicable to each Province and Municipality; (ii) foreigners will not be allowed to purchase more than 1,000 hectares in the so-called “zona núcleo”, which comprises the main agricultural areas of central Argentina or an “equivalent” surface depending on the location of the land and its productive potential; and (iii) foreigners will not be allowed to buy land that contains, or is adjacent to, relevant and permanent water bodies (such as rivers and lakes). Although exploration permits and mining concessions are not the subject matter of the restrictions placed by the Rural Land Law, certain rights granted to foreign mining companies under the Argentinean Mining Code may be restricted by this new law. For example, the right that holders of mining concessions currently have to force the surface owner to sell the land to the holder of the mining concession might be restricted if the concession holder is a foreign individual or a legal entity controlled by foreigners.

Federal Mining Agreement

On 13 June 2017, the national government and the provinces in whose territories the main mining projects of Argentina are located, signed the New Federal Mining Agreement (FMA). The purpose of the FMA is, amongst other things, to increase provincial revenues from the mining industry by creating legal entities owned by provincial governments that would work in association with private mining companies. This scheme is not new in Argentina and it has been used by some provincial governments, amongst them the Santa Cruz Province (through Fomicruz), in which the Cerro Vanguardia project is located. The FMA also contemplates other forms of revenues such as the formation of special trusts to be funded by mining companies in order to finance education, health and other programmes. Additionally, the FMA included setting forth mining royalties up to 3 percent of the gross value of commercialized minerals, without any deductions other than VAT. As the FMA has not yet been converted into law by the National Congress, its provisions are neither binding nor enforceable.

In Argentina, the current regulatory regime of royalty payments is expected to change and several encouraging results over 3kmdifferent options and payment thresholds have been discussed. In December 2012, the Santa Cruz Province changed the mining royalty from 1 percent to 3 percent calculated at pit-head value of strike extentthe mineral extracted thus bringing it to the cap of the Mining Investment Law.

Foreign exchange control regime

On 1 September 2019, by means of Executive Decree No. 609/2019 (Decree), the national government re-established foreign exchange and follow up reverse circulationexport controls. The Decree imposes, among other measures, the obligation of Argentinean residents to transfer to Argentina and/or sell for Argentinean pesos in the Argentinean foreign exchange market (mercado libre de cambios) the countervalue (contravalor) from their exports of goods within 15 to 365 calendar days depending on the goods exported and diamond drilling confirmed these results.the relationship with the importer. Regardless of the applicable maximum term, upon collection of the export, the proceeds thereof must be sold for Argentinean pesos in the Argentinean foreign exchange market no later than five business days from the date of collection.

In BrazilThe Decree also authorized the Central Bank of Argentina to establish the requirements for compliance with the measures set out therein. On the same date, the Argentinean Central Bank, as the regulatory authority in charge of administering the Argentinean foreign exchange market, issued Communication “A” 6770 establishing the specific regulatory requirements in order to implement the measures adopted by the national government. The Argentinean Central Bank delegated the responsibility to follow up and supervise compliance with the repatriation obligation of exporters to financial institutions. In this respect, it implemented the so-called “Follow-up regime for foreign exchange countervalue from exports of goods” (Seguimiento de las negociaciones de divisas por exportaciones de bienes or SECOEXPO). Upon the expiration of the applicable term to transfer and sell the proceeds of exports, the designated financial institution must inform the Argentinean Central Bank if the exporter has complied with its obligations or not.

Export duties

On 4 September 2018, export duties were imposed by Decree No. 793/2018 (Export Duties Decree) published by the Argentinean government which will be applicable until 31 December 2020. The export duty is set at 12 percent ad valorem. The Export Duties Decree, if not compensated with other tax reductions, affects the tax stability guarantee granted to Cerro Vanguardia S.A. (CVSA) in 1996 in light of the fact that at the time export duties were zero percent.

On 26 February 2019, the Argentinean tax and mining authorities published a resolution establishing a mechanism to reimburse or compensate federal taxes paid in excess of the total tax burden provided for by applicable tax stability guarantees. The resolution provides for an administrative procedure to be followed to prove that the actual tax burden is higher than the one a company should have based on its tax stability guarantee. Cerro Vanguardia S.A. initiated this procedure in order to claim reimbursement of, or compensation for, export taxes paid during 2018 in excess of the total tax burden provided for by its tax stability guarantee. The

National Mining Secretariat issued a favorable opinion regarding Cerro Vanguardia S.A.’s claim, which is currently under review by the relevant customs authorities (Customs Regional Division - Patagonia).

On 21 December 2019, the National Law on Social Solidarity and Productive Reactivation (Law No. 27, 541) (Solidarity Law) was enacted. The Solidarity Law grants the national government power until 31 December 2021 to impose export duties which may not exceed certain caps. For example, the Solidarity Law provides that export duties on mining exports cannot exceed 8% of the taxable value or official FOB price. It is currently unclear whether this 8% limit applies automatically or whether it requires the issuance of a decree by the national government.

Environmental laws relating to mining

Any mining company wishing to commence or modify any mining-related activity, as defined by the Argentinean Mining Code, including prospecting, exploration, focusedexploitation, development, preparation, extraction, and storage of mineral substances, as well as property abandonment or mine closure activity, is required to prepare and submit to the competent provincial environmental authority an Environmental Impact Assessment (EIA) prior to commencing the work. Each EIA is required to describe the nature of the proposed work, its potential risk to the environment, and the measures that will be taken to mitigate that risk. If accepted by the competent authority, the EIA is used as the basis to create a Declaration of Environmental Impact (DEI) to which the mining company is required to adhere during the mining-related activity at issue. The DEI is required to be updated at least on a biannual basis. Sanctions and penalties for non-compliance with the Tromai joint venture (AngloGold Ashanti earning into 70 percent equity from Trek Mining). The work focused on acquisitionDEI are outlined in the Environmental Protection section of regional airborne magnetic, radiometricthe Argentinean Mining Code, and electromagnetic data in additionmay include warnings, fines, suspension of quality certifications, restoration of the environment, temporary or permanent closure of activities, and withdrawal of authorisation to reverse circulationconduct mining-related activities.

AngloGold Ashanti’s rights and diamond drilling of known structures associated with artisanal mining and soil geochemistry. A total of 26,549-line km of magnetic/radiometric data were collected along with 4,560km of electromagnetic data. In addition, 4.7km of diamond drilling and 5.7km of reverse circualtion drilling were completed. Moderate results were received and further work is planned to test targets generated from airborne geophysical techniques.permits

In the case of Cerro Vanguardia, AngloGold Ashanti’s operation in Argentina, the mining concession holder is AngloGold Ashanti’s partner, Fomento Minero de Santa Cruz S.E. (Fomicruz). On 27 December 1996, Fomicruz entered into a usufruct agreement whereby Cerro Vanguardia S.A. was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 kmUnited States2) for a 40-year period, which expires on 26 December 2036. Cerro Vanguardia S.A. is a corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti, with Fomicruz as minority shareholder. On 14 August 1996, Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate, which expires in 2026.

Brazil

General laws relating to mining and land ownership

The Brazilian Constitution of 1934 states that, for purposes of exploration and exploitation, deposits and other Mineral Resources constitute property separate from the soil and belong to the Federal Union. Exploration and exploitation of such Mineral Resources may take place only with the Federal Union’s concession and in such a reconnaissance rotosonic drill programme was completedway as to protect the national interest. Federal law sets out penal and administrative sanctions for conduct and activities deemed harmful to the environment.

In Brazil, the National Mining Agency (ANM) is the state body within the Mines and Energy Ministry (MME) that is responsible for: (i) the registration of mining titles, (ii) the grant of authorisations and concessions, (iii) the supervision of mining activities and mining titleholders, and (iv) the issuance of supplementary rules in relation to mining activity.

Under the current Brazilian Mining Code, there are two kinds of mines: (i) claimstake mines (minas manifestadas), for which rights were acquired before 1934 and exist independently of any mining licence or authorisation from the Federal Government and for which the Mineral Resources constitute property of the landowner and (ii) granted mines, which are those that rely on grants from the Federal Government for mineral exploration or exploitation (pursuant to the Brazilian Constitution of 1988). AngloGold Ashanti’s operations in Brazil consist of both claimstake mines and granted mines.

Mining activities in granted mines must be performed in two defined stages: (i) exploration, which entails defining and evaluating the deposit and determining the feasibility of exploitation, and (ii) exploitation, which involves coordinating operations aimed at the Celinaindustrial exploitation of the mineral deposit, from the extraction of useful minerals to their processing. Exploration authorisations issued by ANM are valid for one to three years. Extensions can be obtained if necessary, as long as it is justified. In contrast, exploitation rights, once granted, are valid for the lifetime of the deposit, provided the mining titleholder complies with all legal requirements. Pursuant to these requirements, for example, titleholders must (i) start work on mineral exploitation within six months from the date of publication of the Exploitation Concession, (ii) continue their mining activities until the mineral deposit has been exhausted, in accordance with the Economic Exploitation Plan (Plano de Aproveitamento Econômico) approved by ANM and (iii) refrain from suspending mining activities without prior notice to ANM.

Tax laws relating to mining

During the exploration period, the mining titleholder has to pay an Annual Rate per Hectare (Taxa Annual por Hectare or TAH), subject to a maximum value set by law. In the exploitation period, regardless of the legal regime governing the project (whether

claimstake or granted mines), the mining titleholder has to pay the Financial Compensation for Exploiting Mineral Resources (Compensação Financeira pela Exploração Mineral or CFEM). The CFEM which is 1.5 percent for gold is currently calculated based on revenues.

At the end of 2011 and the beginning of 2012, the states of Minas Gerais, Pará, Amapá and Mato Grosso do Sul each created a new tax (duty) on research, extraction and exploration activities as well as on the use of Mineral Resource carried out in Minnesota (100 percent those states. This tax could range from BRL3.00 to BRL6.50 per ton of ore extracted. In the states of Minas Gerais and Goiás, however, gold ore was exempted from the collection of this new duty.

Environmental laws relating to mining

Following the catastrophic failure of a tailings storage facility (TSF) operated by Vale in the state of Minas Gerais in January 2019, Brazilian executive, legislative and judiciary bodies have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and have been considering, and in some cases adopting, stricter laws and regulations applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs in Brazil. For example, some of the new measures under consideration or enacted include (without limitation):
A ban prohibiting construction of new upstream tailings dams;
New requirements mandating reinforcement and earlier-than-planned closure of existing upstream TSFs;
New requirements mandating removal of all tailings material from TSFs (“decharacterization”), regardless of the original design method, upon closure and prior to decommissioning and environmental rehabilitation;
New requirements mandating bi-annual (each year in March and September) TSF Stability Declarations for approved TSFs, signed by an external engineering consultancy and geotechnical senior manager as well as company directors, to be submitted to the ANM and the relevant state environmental agency;
New requirements for companies to place a surety bond in the preliminary permit phase; and
Banning permits for any new dam where there are communities within 10 km downstream or where a dam break could affect communities in less than 30 minutes (within the Self-Rescue Zone).

Furthermore, in addition to the 156 bills that were already being considered by the National Congress, another 51 bills dealing with the mining sector were presented in 2019 that may significantly impact the mining sector and the company. For example, Federal Bill No. 550/2019, if adopted, will require the company to complete the decharacterization (descaracterização) and decommissioning of its TSF at the Serra Grande mine in the state of Goiás, which was built by the upstream method, by 25 February 2022. For the company’s other TSFs in Brazil, all of which are downstream or “centreline” designs, the following options are permitted: either (i) the structure must be decharacterized and decommissioned, (ii) the population must be relocated, with reparations for loss of cultural heritage, or (iii) reinforcement works that guarantee the effective stability of the structure must be carried out, by decision of the public authorities, taking into account the previous nature of the dam in relation to the occupation and technical-financial viability of the alternatives. Even if reinforcement works are completed, the company will still be required to decharacterize and decommission the TSF at the end of the life of the mine. This bill also introduces the requirement to present a surety bond at the planning stages for the TSF. The mining sector, including the Minas Gerais Industry Association (FIEMG), the National Industry Association (CNI) and the Brazilian Mining Chamber (IBRAM), is liaising with the legislative authorities and other stakeholders in an effort to introduce amendments to this proposed bill which would mitigate some of the concerns identified by the mining industry, in particular, regarding the requirement to remove tailings material from decommissioned TSFs. As of yet, none of these new bills have been approved by the National Congress.

At the federal level, the ANM issued Resolution No. 13/19 in August 2019 (replacing its earlier Resolution No. 4/19) which adopted additional regulatory measures to ensure the stability of TSFs, in particular those built or heightened by the upstream method or by any method declared as “unknown”. Among other things, ANM Resolution No. 13/19 prohibits the upstream method for the construction or heightening of tailings dams throughout the national territory of Brazil. It further requires the deactivation of TSFs constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as the decommissioning of such TSFs by 15 August 2022 to 15 September 2027 (depending on the capacity volume). ANM Resolution No. 13/19 does not require complete removal of tailings material from TSFs. As a result, the Serra Grande mine in the state of Goiás is in the process of reinforcing the dam walls of its upstream TSF in advance of its expected deactivation by 15 September 2021. In addition, the company has begun the process of evaluating alternate structures for this upstream TSF, as well as any potential increases in regulatory and cost obligations as a result of new requirements applicable to TSFs.

At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which contained the state’s policy on TSF safety and should be implemented in conjunction with the equivalent federal policy. Among other things, Law No. 23.291/19 determines the criteria for licensing and inspecting TSF structures, prohibits TSFs constructed or heightened using the upstream method and holds management liable for non-compliance with its provisions.

AngloGold Ashanti) with 29 holes drilled for 1,034m. A regional magnetic airborne survey was also completed overAshanti’s rights and permits

At AGA Mineraçao, Cuiabá has a single concession covering a total area of 50,697km.3,662 hectares, Lamego is covered by three geographically contiguous concessions totally 1,622 hectares and Córrego do Sítío is hosted by five geographically contiguous concessions covering a total area of 6,017 hectares. All of these are in good standing. At Serra Grande, the company has interests

in or agreements over 61,500 hectares in Crixas Greentone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. Brazilian mining concessions remain valid up to the depletion of the Ore Reserve and Mineral Resource pursuant to the Economic Exploitation Plan approved by the ANM and in accordance with the required environmental permits, and as a result do not have an explicit expiry date.

Colombia

General laws relating to mining and land ownership

General regime

The Colombian Constitution declares that the sub-soil and the non-renewable natural resources located within the Colombian territory are the property of the Colombian State. The underlying principle of Colombian mining legislation for the granting of mining concession contracts is first in time, first in law. Mining activities are regulated by the Colombian Mining Code, Act 685, 2001.

The filing of an exploration and exploitation proposal triggers a right of preference to obtain rights over the targeted area, provided it is available. Such area cannot exceed 10,000 hectares. Upon receipt of a proposal, the relevant government agency determines whether another proposal or contract already governs the area. If there are no pre-existing claims, the government agency grants the applicant a “free area”.

With respect to land ownership, a mining concession in Colombia does not grant the rights over the surface required to develop a mining project. Therefore, in order to develop a mining project, it is required to acquire and secure access to the land (soil). This can be achieved in several ways, such as (i) purchase of the land, (ii) a transit easement, (iii) a mining easement, and (iv) the special acquisition process or expropriation.

Concession contract

As the sub-soil and the non-renewable natural resources located within the Colombian territory are property of the Colombian State, the Colombian Mining Authority grants the authorization to explore and exploit minerals through a concession contract. 

Such concessions allow concessionaires to conduct the studies, works and facilities necessary to establish the existence of minerals and to organise their exploitation. Upon being awarded a mining concession, a company must take out an insurance policy to cover the costs associated with potential environmental damage as well as breaches of its mining obligations. It may then proceed with exploration activities. Once the exploration phase is complete, the concessionaire files a new plan regarding proposed works and facilities. With the award of the mining concession or tenement contract, there are specified timelines for the completion of the various phases of a mining project, e.g. exploration, construction, exploitation. The company must comply with these timelines unless performance is suspended, for example, due to force majeure or extensions or modifications to the timelines. A grant of force majeure is for one year and must be renewed on an annual basis. If the company does not comply with the specified timelines for the completion of the various phases of a mining project, the mining authority may revoke the company's concession contracts or mining licenses. As a general matter, any company that wishes to obtain a renewal of its concession contract must be up to date in all its legal and contractual obligations and must present a new plan of works and facilities to be implemented after the contract is renewed.

PINES program

In 2013, the federal government instituted the PINES program designed to aid promoting certain projects that are deemed to have a national interest. This designation provides for greater oversight from the national government. All of our three advanced exploration projects (La Colosa, Quebradona and Gramalote) were considered of national strategic interest. Currently, Quebradona and Gramalote remain in the PINES program, but La Colosa was temporarily removed as such (until the force majeure is over).

Tax laws relating to mining

From the moment the concession contract is registered with the Mining Register, the concessionaire has several financial obligations, including the payment of (i) a surface fee during the exploration, construction and assembly stage and (ii) royalties.

Once exploration is complete and the mining infrastructure in place, the concessionaire must begin paying royalties to the Colombian government, consisting of a percentage of the primary product and sub-products being exploited. The percentage of the royalty depends on the regulation in force when the concession contract is signed. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a 5 percent royalty for copper on the production value at the mine’s or well’s edge (i.e. when extracted from the subsoil). In case of gold and silver, a royalty of 4 percent on the production valued at the mine’s or well’s edge (i.e. when extracted from the subsoil) was established.

Furthermore, Colombian law establishes that once the environmental license is granted the concessionaire must invest 1 percent of the project’s value to benefit the basins covered by the environmental license.


Environmental laws relating to mining

In order to obtain an authorization from the National Environmental Licensing Authority of Colombia to carry out a project, the company must prepare an Environmental Impact Study (E.I.A.) for approval by this authority.

Global environmental licenses are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination.

AngloGold Ashanti’s core mining concession contracts provide that the mining authority has the discretion to declare the underlying concession void if the specific company which holds the concession breaches applicable environmental laws or regulations. If the mining authority were to exercise such discretion against it, such company would be required to abandon its projects and all of its other existing mining concession contracts. Pending proposals for new mining concession contracts would also be cancelled and the company would be banned from doing business with the Colombian government for a period of five years. As a result, the company would be unable to conduct any mining exploration or development activities during such period. However, this would not affect other AngloGold Ashanti subsidiaries operating in Colombia, which hold singularly or in concert with joint venture partners the majority of the company’s concession contracts in Colombia.

There are some areas where mining activity is prohibited. These areas are national parks, regional parks, protected forest reserves, paramos (included in Act 1753, introduced in 2015) and wetlands, pursuant to the Ramsar Convention on Wetlands of International Importance.Some forest reserves are not “protected” but are set aside for active forestry purposes. Such forest reserves must be “extracted” after initial prospection, meaning that the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, we successfully bidResolution 187/2016, passed by the federal government in late 2016, identifies areas that the Ministry of the Environment has determined to be “paramos” areas, or paramos transition areas. In these areas there are limitations on industrial or commercial work being performed, including mining. The regulation also specifies a process to determine what work, if any, can be performed in a paramos-designated area.

AngloGold Ashanti’s rights and permits

The La Colosa project managed by AngloGold Ashanti Colombia S.A. (AGA Colombia) remains in force majeure due to the delays in the granting of the environmental permits by the local environmental authority, thereby preventing AGA Colombia from undertaking further exploration activities. The current one-year grant of force majeure will expire on 22 June 2020 and the request for 238 additionalan extension is pending. AGA Colombia applied for a mining area integration (consolidation) of its concession contracts related to La Colosa, in respect of which AGA Colombia was not in compliance with some of the specified timelines. The application for mining area integration (consolidation) was approved in March 2017, which remedied the non-compliance of each consolidated concession and reset the specified timelines. La Colosa now has a single concession which covers a total area of 9,210 hectares and expires on 28 February 2037.

Minera de Cobre Quebradona S.A. (MCQ) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016. As a result, MCQ was granted the exclusive right to explore, take ownership and dispose of the mineral reserves (ore) extracted from the concession area. MCQ has the right to request an extension of up to 30 years, at least two years before the expiration of the operating period. This extension is not automatic, and the request must be filed with new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract 5881 is in its third year of the exploration phase and the Quebradona project requested the Mining Authority for an extension of 2 more years.

United States of America

Nevada

Mineral and surface rights in the United States are owned by private parties, state governments or the federal government. The majority of land utilised for precious metals exploration, development and mining in the western United States is owned by the federal government, and often the state government will have an ownership interest in minerals, regardless of whether the state is the surface owner. The right to mine on such federal land in western states is governed by the U.S. General Mining Law of 1872, as amended (General Mining Law). The General Mining Law allows mining claims covering 382km2 in Minnesota on certain federal lands upon the discovery of a valuable mineral deposit and proper compliance with claim location and maintenance requirements.

In Nevada, AngloGold Ashanti entered into an option agreement with Renaissance Gold for(U.S.A.) Exploration Inc. is advancing a joint venture property, the Silicon Project, wherebyon federal lands through an Earn-in Option Agreement for 277 mining claims, covering an area of approximately 5,700 acres. Additionally, a further 1,414 mining claims (29,215 acres) in the name of AngloGold Ashanti will make a series of payments over a three-year periodNorth America Inc. are also being explored. On these lands, AngloGold Ashanti (U.S.A.) Exploration Inc. is currently engaged in early-stage exploration activities that include, but are not limited to, acquire 100 percent of the project area. Exploration activities conducted at Silicon included geological and spectral mapping, along with surface geochemical sampling, in preparation for diamond drill testing of the low-sulphidation vein target in 2018.

In Colombia, at Nuevo Guintar (100 percent AngloGold Ashanti), activities focused on reaching a decision point. Soil sampling, ground magneticgeophysical surveying and induced polarisation (IP) programmes were completed along with a 1,478m diamond drilling programme. The principle target was a 500m by 300m gold and multi-element soil geochemistry anomaly with an epithermal signature. No significant results were received from theRC and/or diamond drilling.

In TanzaniaMineral exploration activities in Nevada are also generally subject to applicable federal, state, and Argentina, early stage grassroots evaluationlocal permitting requirements, but the specific regulatory authorizations required for the company’s activities are based on the nature and reconnaissance programmes progressed.location of the exploratory

Brownfieldswork.  AngloGold Ashanti (U.S.A.) Exploration Inc.’s Nevada operations are currently conducted under what is generally referred to under federal law as a notice-level operation subject to 43 CFR § 3809.21. The federal Bureau of Land Management (BLM) issued a Notice of Decision for the Silicon Project approving the proposed exploration operations on 1 November 2017.  The BLM determined that the operations would not cause unnecessary or undue degradation as defined under 43 CFR § 3809.5. Three amendments to the Notice of Decision have been authorized by the BLM in letters dated 31 January 2018, 2 April 2018, and 4 October 2018. The Notice of Decision requires reclamation of the drill pads and roads, including the reseeding of disturbed lands. The Notice of Decision also set the financial guarantee amount for reclamation. The Notice of Decision includes a renewable 2-year term from the date of the last amendment to the Notice.

BrownfieldsThe BLM issued a Notice of Decision for the Rhyolite North Project approving the proposed exploration was carried out in 10 countries, in and aroundoperations on 14 January 2020. The Rhyolite North Project, situated within the Nye County of south-western Nevada, is wholly owned by AngloGold Ashanti operations. A totalNorth America Inc. It is an early-stage exploration project managed by AngloGold Ashanti (U.S.A.) Exploration Inc. and is currently comprised of 594,794m of diamond and reverse circulation drilling was completed during the year.237 unpatented mining claims.

South Africa:Nevada’s Bureau of Mining Regulation and Reclamation (BMRR) also regulates mining within the state.  Exploration inprojects of 5 acres or less, the South Africa region continued withscope of a total of four holes drilled at Mponeng’s Western Ultra Deep Levels (WUDLs). All these holes target the Ventersdorp Contact Reef.notice-level operation under federal law, are exempt from BMRR regulation. AngloGold Ashanti’s current exploration programs fall within this exemption.

Surface drill holes UD60AngloGold Ashanti (U.S.A.) Exploration Inc. has initiated a subsequent permitting process for the Silicon Project to increase the exploration activities beyond the 5-acre notice level. This process was initiated in 2019 with the completion and UD58A were completedsubmission of the required environmental baseline studies and the sites rehabilitated. Pilotingsubmission of surface drill hole UD63Aa Plan of Operation and UD61 was completed. Site establishment is underwayReclamation Plan to the BLM and the foundations have been completed.


Argentina: At Cerro Vanguardia, drilling achieved 15,620m and focused firstly on testing ground magnetics anomalies around Laura, Sonia and extensions of Vanguardia 2 veins, and secondly on defining lateral and down-dip extensions of mineralisation in poorly-drilled areas of Ariadna, El Palo, Gesica, Patricia, Patty, Teresa, Vanguardia E and 3W, Verónica, Goyo, Portero, Zorro veins.BMRR. The Claudia joint venture earn-in was concluded ahead of its first-year anniversary. A ground geophysics programme designed to search for shallow blind structures is ongoing and will continue in the first half of 2018.

Brazil: In the Iron Quadrangle, at Cuiaba, exploration activities focused on underground drilling for ore body extension, Mineral Resource conversion and testing of targets. Deep drilling moved from L28-30 to L24 to reach the northern edge of the Cuiaba structure.

Regional mapping and sampling continued around Cuiaba at the Pompeu target, with 45 percent of the soil sampling programme executed and 582 samples collected. The programme, which is aimed at developing drill targets,permitting process is expected to be completed in 2020 and decisions from the first half of 2018.BLM and BMRR are expected to be received in the same year.

At Lamego, drilling was done at Cabeça de Pedra and at Carruagem. The drilling was predominantly focusedMinnesota

In Minnesota, AngloGold Ashanti Minnesota Inc. completed early-stage reconnaissance exploration activities to determine the potential for gold mineralization in the northern counties of Minnesota. Based on the Carraguem SW orebody where drillingachieved results, the company has decided to terminate its exploration activities in the state and it is being undertaken from a hangingwall drive. The results are promising, especially oncurrently in the normal limb where the Carraguem ore body shows continuity alongprocess of closing out activities in accordance with Carraguem SW. Mineral Resource modelling is in progress.state and company requirements.

Exploration drilling at Córrego do Sítio (CdS) achieved 53,987m, with 78 percent (41,903m)Potential regulatory changes

Over the years, the U.S. Congress has considered a number of proposed amendments to the General Mining Law and other federal statutes relating to mining. Among the significant features contained in previously proposed legislation were a production royalty obligation, new and more stringent environmental standards and conditions, additional reclamation requirements, extensive new procedural steps which would likely result in extended permitting timelines and granting counties the ability to petition the U.S. Secretary of the drilling being done undergroundInterior to make certain areas unavailable for the location of unpatented mining claims. The U.S. Environmental Protection Agency has also proposed potential revisions to financial assurance requirements relating to mineral development activities.

AGA is currently unaware of any new federal or state legislative or regulatory changes or rule-making that has been proposed or enacted that would adversely affect its current exploration programs. If any of the above-referenced provisions were adopted in the CdSI and CdSII mines. The purpose of these drilling programmes was for Mineral Resource conversion to supportfuture, the production plan. Surface exploration drilling (12,084m) had three distinct purposes, targeting Mineral Resource addition (3,463m), Mineral Resource conversion (8,515m) and new targets (106m).

A total of 38,500m was drilled at Serra Grande. Exploration focused on extension and infill of known ore bodies, this included drilling at Orebody IV, Structure III, Inga, Pequizao, Palmeiras and Mangaba. Positive results were achieved from the Mangaba target that increased the ore body’s grade confidence, while continuity of the inferior zone was confirmed at Flamboyant. Significant intersections were returned from the down-plunge extension of Orebody VI, confirming both grade and thickness, as well as from structures below Orebody VI. At Structure III and on Orebody A, significant intersections were obtained confirming that theory that layers were repeated and the ore zones stacked as well as down-plunge projections.

Colombia: A total of 3,724m were drilled at Gramalote before the decision was made to stop drillingcompany’s operations in the first half of the year. Field-based exploration focused on rock chip sampling and soil sampling at the San Javier, Santa Barbara, and Encarnaciones targets to continue delineation of the quartz vein systems identified in those areas.

The La Colosa project was formally placed on care and maintenance in the first quarter and consequently all field activities came to an end in April 2017. As part of the site investigation, geotechnical and hydrology drilling programmes, 946m were drilled.

A total of 2,132m was drilled at Quebradona. In June, the decision was made halt the drilling programme owing to budget constraints. During the second half of the year, work focused on supporting the prefeasibility study with field activities, geological and geotechnical logging.

Tanzania: Drilling programmes focused on both surface and underground operations. Surface drilling projects included Nyankanga Block 5 (Cut 9), Matandani BST, Geita Hill East, Star & Comet Cut 2 NW Extension, Geita Hill-Lone Cone Blocks 1 & 2 (underground potential), Nyankanga 3D Seismic Targets 1 & 5 and reconnaissance drilling at Selous Satellite target. Underground drilling programmes were carried out at Nyankanga Block 5 and Star & Comet Cuts 2 & 3 projects. A total of 347 drill holes (48,561m) were completed.

Surface geological mapping was carried out within the Nyamulilima Block on areas around Selous-Mabe-Xanadu, Roberts South, Star & Comet Cut 2 NW & South as well as on areas around Ridge 8 and in the Star & Comet Cut 3 - Ridge 8 Gap. The focus of the mapping exercise was to establish the surface geology of the prospective areas of Nyamulilima Block and define the potential targets for future exploration. Surface geological mapping was also carried out at Kalondwa Hill, Fikiri- Jumanne-Samena through to Prospect 30 targets, to support target generation and prioritisation of future exploration works.

Guinea: At Siguiri, exploration activities included reconnaissance drilling on the John Deere, Kolenda South and Silakoro NE targets, as well as Mineral Resource definition drilling at Kami, Tubani, Silakoro, Seguelen, Sokunu and Foulata. A total of 48,198m was drilled during the year.

Preliminary interpretation of the airborne magnetic and a radiometric geophysical survey over portions of Block 1 and Block 2 and the Saraya West licence were completed. Seven targets were identified across the Seguelen West area, as well as an area northeast of the Foulata deposit and potential extensions of the Saraya mineralisation within the Saraya West licence.

Target generation and evaluation of the Corridor Blocks and tailings storage facilities exploration licences was carried out. This was followed by field mapping. Soil sampling programmes to cover an untested area in the northwest of Block 1 and on Saraya West PL were completed.Nevada could be adversely affected.


Ghana: No exploration was conducted at Obuasi. At Iduapriem, 7,214mMINE SITE REHABILITATION AND CLOSURE

Closure, an integral part of drilling was completedoperations

All mining operations eventually cease. An integral aspect of operating AngloGold Ashanti’s mines is ongoing planning for and, where feasible, implementation of concurrent rehabilitation, together with an estimate of associated liability costs and the placement of adequate financial provisions and assurances to cover these costs.

AngloGold Ashanti revised its group closure planning management standard in 2013 and all of its operations are required to comply with the standard, as well as applicable law and regulations, as their closure plans are reviewed and updated.

Closure planning is an activity that starts at the Block 1W/Nueng. Drilling targetedexploration and mine design stage and continues throughout the life of mine:
New projects include a fold modelclosure plan which predictedtakes into account future closure and associated rehabilitation and other costs.
The closure plan is reviewed annually and updated every three years (annually in the conglomerate reef package near surface. It intersectedfinal three years of a mine’s life) or whenever significant changes are made, taking into account operational conditions, planning and regulatory requirements, international protocols, technological developments and advances in practice.


For many of the conglomerate reef package at 153m to 168molder mines, closure planning and the laterevaluation of environmental liabilities is a complex process. This is particularly so in Brazil, Ghana and South Africa, where many of the mining and other operations have taken place for more than fifty years. A particular challenge is concurrent rehabilitation, which is carried out while a mine is still operational. This practice serves to decrease the ultimate liability and reduces the final rehabilitation and closure work that must be undertaken, but has the potential to sterilise Ore Reserve, which the company might wish to exploit should conditions, such as the gold price, change.

The company’s closure standard stipulates that closure planning must be undertaken in consultation with the community. In the course of these consultations, different issues are raised which require site-specific solutions. Livelihood preservation and infrastructure are often key requirements. Communities also require information on the company’s rehabilitation of the landscape and on any lasting environmental impacts. Long-term remediation obligations, including decommissioning and restoration liabilities relating to past operations, are based on environmental management plans and compliance with current environmental and regulatory requirements.

Provisions for decommissioning and rehabilitation costs are made when there is a present obligation, it is probable that expenditure on decommissioning and rehabilitation work will be required and the cost can be estimated within a reasonable range of possible outcomes. These costs are based on currently available facts, technology expected to be available at the time of the clean-up, laws and regulations presently or virtually certain to be enacted and previous experience in the rehabilitation of mine sites.

Decommissioning costs and restoration costs are provided at the present value of the expenditures expected to settle the obligation, using estimated cash flows based on current prices. Estimates are discounted at a pre-tax rate that reflects current market assessments of the time value of money.

Provisions for decommissioning and for restoration (excluding joint ventures) increased from $637 million in 2018 to $730 million in 2019 (including the rehabilitation obligations transferred to held for sale liabilities and associated with our pending sale of operations in Mali and South Africa). This increase mainly relates to proposed requirements regarding the removal of tailings materials from tailings storage facilities in Brazil upon closure and decommissioning (a process known as “decharacterization”) and changes in discount rates based on global economic assumptions. The provisions were also impacted by changes in mine plans, resulting in a change in cash flows and changes in design of tailings storage facilities and in methodology following requests from the environmental regulatory authorities.


ENVIRONMENTAL, HEALTH AND SAFETY MATTERS

In addition to post-mining land rehabilitation and closure requirements, AngloGold Ashanti is subject to extensive environmental, health and safety (EHS) laws and regulations in the various jurisdictions in which the company operates. These requirements govern, among other things, extraction, use, conservation and discharge of water; air emissions (including dust control and greenhouse gases); regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; worker health and safety and community health; and the generation, transportation, storage and disposal of solid and hazardous wastes, such as reagents, radioactive materials, and mine tailings. Environmental laws and regulations applicable to our operations, including the requirements contained in environmental permits, are generally becoming more restrictive. Significant EHS requirements, risks and trends affecting our mining and processing operations are described below.

Regulatory Compliance

Capital and operating costs to comply with EHS laws and regulations have been, and are expected to continue to be, significant to AngloGold Ashanti. In addition, AngloGold Ashanti could incur fines, penalties and other sanctions, environmental clean-up costs, and third-party claims for personal injury or property or natural resources damages; suffer reputational damage; and be required to install costly pollution control equipment or to modify or suspend operations, as a result of actual or alleged violations of, or liabilities under, EHS laws and regulations. Failure to comply with applicable EHS laws and regulations may also result in the suspension or revocation of permits and, in some jurisdictions, our right to mine a given concession. AngloGold Ashanti’s ability to obtain and maintain permits and other approvals and to successfully operate near particular host communities may be adversely impacted by real or perceived effects on the environment or human health and safety associated with AngloGold Ashanti’s or other mining companies’ activities. In addition, unknown environmental hazards may exist at the company’s properties which may have been caused by previous owners or operators.

Water Management

AngloGold Ashanti’s mining and processing operations are heavily dependent upon access to substantial volumes of water required for such operations. Typically, water-use permits or water rights in each country impose limits on the quantity of water that can be extracted from certain sources and require, among other things, that wastewater from mining operations meet certain water quality criteria if discharged to the environment. Water supply, quality and usage are areas of interest globally, but are particularly significant for operations in Brazil, Ghana and South Africa, and for exploration projects in Colombia, where there is significant potential environmental and social impact and a high level of stakeholder scrutiny. Any failure to secure access to suitable water supplies, or achieve and maintain compliance with the requirements of our permits or licenses, could result in curtailment or suspension of

production at the affected operation. Incidents of water pollution or shortage can, in extreme cases, lead to community protest and ultimately result in the withdrawal of community and government support for the company’s operations.

Where feasible, the company operates a “closed loop” system which recycles the water used in its operations without discharging it to the environment. In some areas, however, such as Ghana and Brazil, high levels of rainfall and surface water runoff mean that a closed loop system is not feasible and that discharges, after water treatment where necessary, must take place.

Waste Management

Mining and mineral processing operations generate waste rock and tailings.

During open-pit mining, large volumes of soil and/or rock (overburden) are mined to expose the ore body. Similarly, waste rock is mined during drilling and developing access to underground ore bodies. Overburden and waste rock typically contain sub-economic levels of gold and are deposited as large waste rock facilities. Mine tailings are the process waste generated once grinding and extraction of gold from the ore is completed in the milling process and are deposited as slurry in large storage facilities specifically designed for this purpose.

The impact of dust generation, breach, leak, or other failure of a waste rock or tailings storage facility (TSF), including any associated dam, can be significant, and the company therefore monitors such facilities closely in accordance with the company’s internal standards, independent review, national regulatory requirements and commitments made to local communities. The occasional well-publicised failure of a third-party tailings facility and the potential impact of such failure also mean that these facilities are generally tightly regulated. An incident at the company’s operations could result, among other things, in enforcement, obligations to remediate environmental contamination, negative press coverage, and claims for property or natural resources damages and personal injury by adjacent communities. Incidents at other mining companies’ operations could result in governmental action to tighten regulatory requirements and restrict certain mining activities, in particular with respect to TSFs, also in respect of other mine operators in that region. For example, following the catastrophic failure of a TSF at an iron ore mine owned by Vale in the state of Minas Gerais in Brazil in January 2019, tailings were discharged into the mine’s administrative area and part of the drilling campaign continuedlocal community, reportedly resulting in deaths and injuries to confirmhundreds of people. As a single, truncated A reef.result of this incident, there has been considerably increased regulatory scrutiny in Brazil and other areas on mining operations generally, and the requirements applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs have generally become far more stringent. In particular, in Brazil, new TSFs in the upstream design method have been prohibited by the Brazilian National Mining Agency (ANM) and decommissioning of all existing upstream TSFs has been ordered. As a result, we will be required to reinforce, and decommission by February 2022, the TSF at our Serra Grande mine, located in the state of Goiás. The incremental costs for reinforcing the walls of this facility and, ultimately, for decommissioning and closing the TSF in compliance with new legislation, are likely to be material. We will also be required to reinforce or decommission all TSFs in Brazil constructed based on the downstream design method by 2025. Moreover, a bill currently pending in the National Congress in Brazil would require all tailings materials to be removed from the TSF (a process known as “decharacterization”) in connection with closure and decommissioning. If passed, the additional costs associated with decharacterization are likely to be material to AngloGold Ashanti. Finally, the suspension of environmental licensing permit processes for TSFs in the state of Minas Gerais has delayed approval processes with respect to our operating permits, and may compromise our production plans in respect of our Minas Gerais operations. Further and more substantial amendments to the regulatory requirements in Brazil governing such TSFs and related dams are anticipated in 2020. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine”.

At Block 4S,Groundwater Impacts and Environmental Remediation

AngloGold Ashanti has identified groundwater contamination plumes at certain of its operations. Numerous scientific, technical and legal studies have been undertaken to assist in determining the magnitude of the impact and to find sustainable remediation solutions. Based on those studies as well as discussion with regulators, the company has taken steps, including monitored natural attenuation and phyto-technologies, to address soil and groundwater contamination. Subject to the completion of trials and the technology being a totalproven remediation technique, no reliable estimate can be made at this time for the obligation. Should these obligations be significant, this could have a material adverse impact upon AngloGold Ashanti’s results and its financial condition.

As AngloGold Ashanti or its predecessors have a long history of 1,708m was drilledmining operations in certain regions, issues may arise regarding historical environmental impacts on those areas, for which AGA, as the current owner/operator, may be legally responsible.

In addition, AngloGold Ashanti identified a flooding and future pollution risk to upgrade material to Indicated Mineral Resource, increasing confidencedeep groundwater in the structural modelFar West Rand goldfields in South Africa, which includes AngloGold Ashanti’s operations. The premature closure of neighbouring mines owned by other mining companies in the area led to increased pumping obligations on AngloGold Ashanti to address water infiltration into AGA’s mines. In addition, in the West Wits district, after Blyvooruitzicht Gold Mining Company was placed in provisional liquidation in August 2013, AngloGold Ashanti purchased from Blyvooruitzicht the rights of access to the 4 and modelling6 shafts as well as the relevant infrastructure to continue pumping underground water. We subsequently transferred the assets and rights to a newly incorporated subsidiary Covalent Water Company and, in November 2014, obtained a directive from the Department of reef displacement alongWater and Sanitation directing AngloGold Ashanti through Covalent to dewater 4 and 6 shafts and discharge the main fault.water. AGA continues to comply with the directive.

A mapping campaign
Climate Change and Greenhouse Gas Regulation

Greenhouse gases (GHGs) are emitted directly by AngloGold Ashanti’s operations, as well as by external utilities from which AngloGold Ashanti purchases electricity.

As a result of commitments made at Block 5 Extension informed the drill planUN Climate Change Conference in Durban, South Africa in December 2011, certain members of the international community negotiated a treaty at the Conference of the Parties of the UN Framework Convention on Climate Change in Paris in December 2015 (Paris Agreement). The Paris Agreement, which came into force on 4 November 2016, requires developed countries to intersectset targets for emissions reductions. Additional measures designed to limit or reduce GHG emissions, both mandatory and voluntary, may be implemented at national or international levels in various countries.

For example, in South Africa, the mapped reef packages perpendicularly. A totalCarbon Tax Act, No. 15 of 2,412m2019, imposing a tax on carbon dioxide equivalent of GHG emissions, took effect on 1 June 2019. The tax will be implemented in a phased manner, taking into account South Africa’s Nationally Determined Contributions (NDCs) commitment under the Paris Agreement to reduce greenhouse gas emissions. The first phase, which runs from June 2019 to December 2022, imposed a tax of ZAR120/ton carbon dioxide equivalent (CO2-e) of direct GHG emissions, which will increase by CPI plus two percent up to 2022 and in line with inflation thereafter. As this first phase is designed to be revenue-neutral in terms of its aggregated impact, a system of rebates is in place effectively reducing the actual rate to be in a range of ZAR6/ton to ZAR48/ton.

These, or future, measures could require AngloGold Ashanti to reduce its direct GHG emissions or energy use or to incur significant costs for GHG emissions permits or taxes, including for those costs or taxes passed on by electricity utilities which supply the company’s operations. AngloGold Ashanti could also incur significant costs associated with capital equipment, GHG monitoring and reporting and other obligations to comply with applicable requirements. The most likely source of these obligations is through state-level implementation of new emissions or financial obligations pursuant to evolving climate change regulatory regimes.

For example, in 2010, Brazil launched the National Climate Change Policy, which established a voluntary reduction target of 1.2 billion tonnes of CO2 below the projected emissions in 2020. The policy required the development of sector-specific plans in order to meet the target. Amongst other plans, it is intended to reduce deforestation in the Cerrado biome, where AngloGold Ashanti operates, by 40 percent compared to the average deforestation in 1999-2008 and expand renewable energy production and energy efficiency programmes. The policy also provided for a Brazilian GHG trading scheme, which is yet to be designed. While Brazil is not yet requiring mandatory GHG emissions reporting at the national level, some state environmental agencies have requested companies to voluntarily submit GHG emissions management plans, however Goiás and Minas Gerais State (in which AngloGold Ashanti operates) do not currently require GHG emissions management plans for mining projects.

In Australia, the Commonwealth Government introduced the Safeguard Mechanism (Rule 2015) through the existing National Greenhouse and Energy Reporting (NGER) scheme, to provide a framework for Australia’s largest emitters to measure, report and manage their emissions. It does this by encouraging large facilities, whose net emissions exceed the safeguard threshold, to keep their emissions at or below emissions baselines set by the Clean Energy Regulator. The safeguard mechanism applies to facilities with Scope 1 covered emissions of more than 100,000 tonnes of CO2-e per fiscal year. The Australian mining operations (Sunrise Dam and Tropicana) had emissions baselines set in 2016 for a 3-year period (expired in 2019) which were reported annually through the NGER scheme. During the 2018/19 fiscal year, Tropicana’s emissions were within its authorised threshold and Sunrise Dam was drilledrequired to purchase offsets for emissions that were 0.8% above its safeguard threshold, the cost of which was immaterial. The Australian mining operations are in the process of re-calculating their respective emissions baselines in 2020 to comply with the aim of resolving the full extent of the reef packages along strike and the influence of faults and intrusives on the conglomerates. Recent mapping at the northern extent of the pit reveals continuation of the reefs with a southeast dip direction as opposed to the eastern dip direction that exists within the main pit.changes in Rule 2015 which adopt government-determined prescribed production variables.

Democratic RepublicIn addition to more stringent requirements and commitments, AngloGold Ashanti’s operations are subject to a number of physical risks from climate change, such as changes in rainfall rates or patterns resulting in floods or droughts, rising sea levels, reduced water availability, higher temperatures and extreme weather events. Such events or conditions, particularly including flooding or inadequate water supplies, could disrupt mining and transport operations, mineral processing and rehabilitation efforts, create resource or energy shortages or damage the Congo: Drilling (22,364m) at Kibali focused around the Sessenge, Kombokolo, Aerodrome-Pamao, Pamao-Makoke-Megi, Rhino-Agbarabocompany’s property or equipment and KZD areas. Regional exploration covered the Kalimva-Ikamva, Belengo, Aindi Watsa-Dilolo- Zambula, Ndala Northincrease health and South KZ areas.safety risks on site.

At the KCD pit, the results were received for the 1,491m deep diamond drilling to test the down-plunge projection of the Banded Ironstone Formation. Results confirmed the down-plunge extension of the 3000 lode, the 5000 lodeOccupational and a new lode. A follow up programme from underground will test this further.Community Safety and Health and Tropical Diseases

At Kalimva,Safety is a significant sustainable development challenge facing AngloGold Ashanti. AngloGold Ashanti’s operations are subject to a variety of laws and regulations designed to protect and improve the second phase (26 holes totalling 3,072m)safety and health of reverse circulation drilling was completed to test high-grade shoots within the 1.6km long shear system. Logging and assay results received to date support a model with five stacked, plunging shoots of >2g/t within the 1.6km strike. At Ikamva, a fence of seven reverse circulation holes were drilled to follow up on the pit optimisation done in the western part of Ikamva. The observed mineralised zone is thinner and deeper than expected andemployees. In some of the holes endedjurisdictions in mineralisation. Another phasewhich AngloGold Ashanti operates, the government enforces compulsory shutdowns of close spaced drilling is planned.operations to enable investigations into the cause of accidents at those operations. 

Mali: At Sadiola,Throughout the year we have continued to improve our safety performance across our global operations, which remains a totaltop priority for AngloGold Ashanti. We pursue and continually adapt strategies in line with recognised leading practice in global safety standards and systems in working towards our 2030 goal of 14,260mproviding workplaces free of drilling was completed. Reverse circulation drillinginjury and harm for oxide potential was completedour employees and contractors. Our progress to date is the cumulative result of numerous interventions over several years, including the development of our 2015 strategy, which designed with the input of operating teams across our business as well as representatives from the Executive Committee, management and employees. To ensure that our strategy remains relevant and focused, we reassess its look at Sadiola South, Tambali West, Dogofile South, Timbabougouni, Voyager West, Tabakoto Westrisk management, technology and Lakanfla. Drilling focused on the new oxide targets identified at a targeting workshop held in June with participants from SEMOS, IAMGOLDinnovation, leadership, people and AngloGold Ashanti.work processes. We also adhere to global standards

Australia: A total of 88,871m of exploration drilling was done atand are rolling out ISO 45001:2018, which has replaced the OHSAS 18001:2007 series. All our sites are currently OHSAS 18001:2007 certified and three operations, Sunrise Dam, targetingSiguiri and Geita, have already converted to the Vogue Deeps,ISO 45001:2018 standard.

In addition, AngloGold Ashanti is subject to health and safety regulations relating to occupational disease. The primary areas of focus in respect of occupational health of employees within the western areacompany’s operations are noise-induced hearing loss (NIHL) and occupational lung diseases (OLD). OLD includes occupational tuberculosis and silicosis in individuals exposed to silica dust. Silicosis has been particularly prevalent in South Africa and has also arisen at the company’s Continental Africa and Brazilian operations, albeit to a far lesser extent. AngloGold Ashanti provides occupational health services to its employees at its occupational health centres and clinics, and continues to improve preventative occupational hygiene initiatives, such as implementing various control measures to prevent hazardous exposures, and providing employees with Personal Protective Equipment. It is believed that the costs associated with activities to prevent disease would be substantially lower than those associated with managing the consequences of Vogue 1800, 1600occupational disease. Actual and 1400 Blocks, Cosmo, northernalleged health and down dip extensions to Cosmo and Cosmo East, Dolly Porphyry, Carey Shear, Elle and Astro North orebodies.safety incidents or breaches of standards may also adversely impact the company’s reputation.

The drilling results from Vogue continueSouth African government, by way of a cabinet resolution in 1999, proposed a possible combination and alignment of benefits of the Occupational Diseases in Mines and Works Act (ODMWA) that provides for compensation to miners who have OLD, and the Compensation for Occupational Injuries and Diseases Act (COIDA), that provides for compensation in respect of job related injuries and compensation of non-miners who have OLD. Work on amending ODMWA is underway, although it remains unclear as to what progress will be encouraging with significant intercepts returned from all panels. Assay results from definition drillingmade in the southern panelshort- to medium term. COIDA provides for compensation payments to workers suffering permanent disabilities which are classified as pension liabilities if the permanent disability is above a certain threshold, or a lump sum compensation payment if the permanent disability is below a certain threshold. ODMWA provides for a lump sum compensation payment to workers suffering from OLD as well as the payment of Cosmomedical expenses over the claimant’s lifetime. If the proposed amendments to ODMWA were to occur, this could further increase the amount of statutory compensation that miners employed by AngloGold Ashanti could claim, which consequently could have an adverse effect on AngloGold Ashanti’s financial condition.

In 2019, the Johannesburg High Court approved the settlement of existing silicosis and Cosmotuberculosis class actions against AngloGold Ashanti and other gold mining companies in South Africa. Please refer to “Item 8A: Consolidated Financial Statements and Other Financial Information-Legal Proceedings-South Africa-Silicosis and tuberculosis litigation”.

In addition to OLD, AIDS and associated diseases remain major health care challenges faced by AngloGold Ashanti’s South African operations. AngloGold Ashanti continues to implement programmes to help those infected with HIV and prevent new infections from spreading. Since 2001, the company has offered a voluntary counselling and HIV testing programme for employees in South Africa and, since 2003, has offered anti-retroviral therapy to HIV positive employees who meet the current medical criteria and who desire this treatment. Over the past 10 years, the incidence of new infections has declined.

Malaria and other tropical diseases also pose health risks at all of the company’s operations in Central, West and East down dip were returned with one significant intercept returned from Cosmo East down dip,Africa where such diseases may assume epidemic proportions because of ineffective national control programmes. Malaria is a major cause of death in young children and three significant intercepts from an isolated area betweenpregnant women but also gives rise to deaths and absenteeism in adult men. All affected company operations have malaria control programmes in place.

Other conditions such as heart disease, chronic diseases and obesity are of increasing incidence and concern. Such diseases impair the Dollyhealth of workers and Cosmo ore bodies. Further drilling from the southern panelnegatively affect productivity and profitability as a result of workers’ diminished focus or skill, absenteeism, treatment costs and allocated resources.

AngloGold Ashanti cannot guarantee that any current or future medical programme will be completed during 2018.

Drilling ofsuccessful in preventing or reducing the Carey Shear continued from a drill platforminjury and illness rates amongst its employees or in affecting consequent morbidity or mortality rates. AngloGold Ashanti may incur significant costs in addressing this issue in the COS1630. One significant intercept was returned for Carey Shear with two further significant intercepts returned from further up hole. Drillingfuture, which could also adversely impact the company’s results of this target will continue in the first half in 2018.

Mineral Resource definition drilling of the Elle target continuedoperations and Mineral Resource creation drilling to the south commenced. Seven significant intercepts were returned for Elle, and nine significant intercepts related to the Midway shears in this area.

Blue sky tangible drilling of Astro North began and assay results are pending.

At Tropicana, a total of 93,428m of drilling was completed. During the first half of 2017, drilling targeted Sanpan, Zebra, New Zebra, Hat-Trick, Springbok, Southern Mining Lease (ML) conceptual targets, Angel Eyes, Beetlejuice, Crouching Tiger, Kamikaze and Little Wing targets.

Resource development drilling continued to complete extensional drilling at Boston Shaker to evaluate the underground potential down dip of the Long Island pit design. Following the scoping study which is currently underway, a prefeasibility study on underground mining will begin in 2018, in conjunction with infill drilling programmes.financial condition.


ANGLOGOLD ASHANTI GLOBAL OPERATIONS: 2019


worldmap2.jpg


Operations and projects
AMERICASCONTINENTAL AFRICASOUTH AFRICA
1
Argentina4
Guinea9
South Africa
 
Cerro Vanguardia (92.5%)(1)
 Siguiri (85%) 
Mponeng(6)
2
Brazil5
Mali 
Surface Operations(6)
 Serra Grande 
Morila (40%)(5)
  
 AGA Mineração 
Sadiola (41%)(3)
  
3
Colombia6
Ghana  
 Gramalote (51%) IduapriemAUSTRALIA
 La Colosa 
Obuasi(4)
10
Australia
 
Quebradona(2)
7
DRC Sunrise Dam
   
Kibali (45%)(5)
 Tropicana (70%)
 8
Tanzania  
   Geita  
      

Percentages indicate the ownership interest of AngloGold Ashanti. All operations are 100%-owned unless otherwise indicated.
4C.
(1)
ORGANISATIONAL STRUCTURESale process ongoing (at an advanced stage).
(2)
In 2019, the company’s joint venture partner’s, B2Gold Corp, minority shareholding was converted to a share of profits. Likely to be a copper mine producing gold and silver as by-products.
(3)
Agreement and sale announced December 2019.
(4)
Obuasi's redevelopment project began in 2019.
(5)
Kibali and Morila are managed and operated by Barrick Gold Corporation (Barrick).
(6)
Agreement and sale announced post year end in February 2020.

GROUP STRUCTURE
OPERATING PERFORMANCE

Group description

AngloGold Ashanti, an independent, global gold mining company with a globally diverse, high-quality portfolio of operations and projects, is headquartered in Johannesburg, South Africa. Measured by production, AngloGold Ashanti is the third largest gold mining company in the world.

Our portfolio of 14 operations in nine countries excluding our South African assets and Sadiola mine which are held for sale, includes long-life operating assets with differing ore body types located in key gold-producing regions around the world. These operating assets were supported by three greenfields projects in a tenth country (Colombia) and a focused global exploration programme.

Our operations and projects are grouped into the following regions: Continental Africa, South Africa, Americas and Australia.

The most significant project milestone achieved during the year was the pouring of first gold at the Obuasi Mine in Ghana on 18 December 2019, bringing Phase 1 of the Redevelopment Project to a conclusion on time and within budget.

Processes to sell assets in Mali, South Africa and Argentina progressed during the year. On 23 December 2019, the Company announced that it had reached an agreement to sell its interest in the Sadiola Mine, and on 12 February 2020, the Company announced that it had reach an agreement with Harmony Gold Mining Company Limited to sell all its remaining South African producing assets and related liabilities. In Argentina, the sales process related to Cerro Vanguardia continues.

AngloGold Ashanti’s operations are divided intoand joint ventures employed, on average, 34,263 people (including contractors) in 2019 (2018: 44,249). The 23% decrease in employees is mostly due to the following regions:
reduction of employee numbers in the South Africa region as a result of the restructuring of the South African operations in Vaal River, West Wits2019.

Performance (including discontinued operations)

In 2019, AngloGold Ashanti produced attributable 3.3 million ounces (Moz) of gold (2018: 3.4Moz) as well as 3.7Moz of silver and surface operations;199 tonnes of sulphuric acid as by-products.
Continental Africa – operations in Ghana, Guinea
Production of 3.3 Moz of gold was achieved at a cost of sales of $3.1 billion and Tanzaniaan all-in sustaining cost of $ 1,034/oz for subsidiaries and $767/oz for equity accounted joint venture operations compared to a production of 3.4Moz in the DRC2018 at a cost of sales of $3.2 billion and Mali;
Australasia – operations in Australia;all-in sustaining cost of $1,000/oz for subsidiaries and
Americas – operations in Argentina and Brazil.
The above four regions also correspond to AngloGold Ashanti’s four business segments. $820/oz for equity accounted joint venture operations.

Day-to-day managementGold
The AngloGold Ashanti gold Ore Reserve reduced from 44.1Moz in December 2018 to 43.8Moz in December 2019. This gross annual decrease of the group is entrusted0.3Moz includes depletion of 3.7Moz. The increase after depletions of 3.4Moz, results from additions due to exploration and modelling changes of 3.6Moz, changes in economic assumptions of 0.4Moz and a change in ownership of 0.1Moz. Other factors resulted in a 0.7Moz reduction.

Copper
The AngloGold Ashanti’s executive management team, chaired by the Chief Executive Officer. See “Item 6: Directors, Senior ManagementAshanti copper Ore Reserve increased from 1.26Mt (2,769Mlbs) in December 2018 to 1.39Mt (3,068Mlbs) in December 2019. This gross annual increase of 0.14Mt includes an increase of 0.07Mt due to methodology and Employees”0.07Mt due to change in ownership from 94.876% to 100% as B2Gold’s shareholding has been converted to a share of profits.

Capital expenditure, including equity accounted joint ventures, in 2019 amounted to $814 million (2018: $721 million).

Support is provided to the executive management team in managing AngloGold Ashanti’s corporate activities at both the central and local levels.Safety

SUBSIDIARIES

AngloGold Ashanti Limited has investmentsThere were no fatalities across the group’s operations in principal subsidiaries and joint venture interests, see “Item 19: Exhibits – Exhibit 19.8 Principal subsidiaries and operating entities” for details.

4D.PROPERTY, PLANTS AND EQUIPMENT

For more information about AngloGold Ashanti’s mines, including as2019. The all injury frequency rate was 3.31 per million hours worked compared to 4.81 in 2018. Regrettably, there have been four fatalities across the company’s mining rights and licences refer “Item 4B: Business Overview—The regulatory environment enabling AngloGold Ashanti to mine”.
AngloGold Ashanti’s operating mines are all accessible by road.

SOUTH AFRICA

Description
The South Africagroup’s operations comprisepost year-end resulting from a number of deep level underground minesseismic event as well as surface operation that are processing low grade stockpiles and re-treating Tailings Storage Facilities. Fora tramming accident at the year ended 31 December 2017, it was comprised of Vaal River operations (Moab Khotsong and Kopanang), surface operations and West Wits operations (Mponeng). The Vaal River operations were sold subsequent to year end.

Operations in South Africa are powered by electricity from Eskom Holdings Limited which supplies 95 percent of the electricity usedMponeng mine in South Africa.

Geology
The Witwatersrand Basin comprises a six-kilometre thick sequence of inter-bedded argillaceous and arenaceous sediments that extend laterally for some 300 kilometres north-east/south-west and 100 kilometres north-west/south-east on the Kaapvaal Craton. The upper portion of the basin, which contains the orebodies, crops out at its northern extent near Johannesburg. Further west, south and east the basin is overlain by up to four kilometres of Archaean, Proterozoic and Mesozoic volcanic and sedimentary rocks. The Witwatersrand Basin is late Archaean in age and is considered to be in the order of 2.7 to 2.8 billion years old.CONTINENTAL AFRICA

Gold occurs in laterally extensive quartz pebble conglomerate horizons or reefs, generally less than two metres thick, which are widely considered to represent laterally extensive braided fluvial deposits. Separate fan systems were developed at different entry points and these are preserved as distinct goldfields. The most fundamental control to the gold distribution in the Basin remains the sedimentary features, such as facies variations and channel directions. Gold generally occurs in native form often associated with pyrite and carbon, with quartz being the main gangue mineral.
cara03.jpg

Vaal River operations

Description
The Vaal River operations consist of Kopanang, Moab Khotsong as well as the surface operations.

AngloGold Ashanti holds a number of mining rightshad seven mines in the Vaal River operationsregion during 2019, four of which have been successfully converted, executedare currently in operation and registered as new order mining rights at the Mineral and Petroleum Resources Titles Office (MPRTO).

Geology
In order of importance, the reefs mined at the Vaal River operations are the Vaal Reef (VR) and the Crystalkop Reef (CR):

two treating tailings. The VR contains approximately 98 percentredevelopment of the Ore Reserve tonnage with mining grades between 5 - 10 g/tObuasi mine in Ghana began in 2019 and comprises a seriesfirst gold was poured in December 2019. The sale of oligomictic conglomerates and quartzite packages developedSadiola was announced on successive unconformities. Several distinct facies have been identified, each with its unique gold distribution and grade characteristic.
The CR is a thin, small pebble conglomerate with a carbon-rich basal contact, located approximately 270 metres above the VR. It has less than two percent of the estimated Ore Reserve with grades similar to the VR, but is more erratic. The most significant structural features are the north-east striking normal faults which dip to the north-west and south-east, resulting in zones of fault loss.23 December 2019.

Vaal River – Summary of metallurgical operations
 
West Gold
Plant (1)

 
Noligwa Gold
Plant (1)

 
Mispah Gold
Plant (1)

 
Kopanang Gold
Plant

Gold plants       
Capacity (000 tonnes/month)180
 260
 140
 315
Uranium plants       
Capacity (000 tonnes/month)
 260
 
 
 
Attributable gold production
(000oz)
 
Average number of  
employees  

Subsidiary operations   
Ghana   
Iduapriem275
 1,801
Obuasi2
 2,924
Guinea   
Attr. Siguiri 85%213
 3,056
Tanzania   
Geita604
 5,066
 
Joint venture operations
Democratic Republic of the Congo   
Attr. Kibali 45%366
 2,239
Mali   
Attr. Morila 40%27
 354
Attr. Sadiola 41%51
 346

Continental Africa - Key Statistics
 Unit 2019
 2018
 2017
Subsidiary operations       
Tonnes treated/milledMt 19.1
 19.5
 20.3
Pay limitoz/t 0.039
 0.040
 0.038
 g/t 1.330
 1.372
 1.130
Recovered gradeoz/t 0.060
 0.049
 0.054
 g/t 1.77
 1.69
 1.84
Gold production (attributable)000oz 1,094
 1,060
 1,093
Cost of sales$m 1,173
 1,127
 1,071
Total cash costs (1)
$/oz 801
 813
 686
All-in sustaining costs (1)
$/oz 947
 941
 909
Capital expenditure$m 359
 246
 290
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 0.62
 0.51
 0.28
People       
Average no of employees: Total  12,847
 11,490
 10,268
Permanent employees  4,939
 4,625
 4,523
Contractors  7,908
 6,865
 5,745

(1) Includes Obuasi gold production in 2019, capitalised as part of the project development.
 Unit 2019
 2018
 2017
Joint venture operations       
Tonnes treated/milledMt 7.5
 7.8
 7.7
Pay limitoz/t 0.037
 0.041
 0.045
 g/t 1.255
 1.403
 1.528
Recovered gradeoz/t 0.060
 0.053
 0.047
 g/t 1.85
 1.81
 1.10
Gold production (attributable)000oz 445
 452
 360
Cost of sales$m 428
 480
 441
Total cash costs (1)
$/oz 657
 680
 819
All-in sustaining costs (1)
$/oz 767
 820
 1,087
Capital expenditure$m 51
 67
 119
Safety       
Number of fatalities(2)
  0
 0
 0
AIFR (2)
Per million hours worked 0.65
 0.29
 1.25
People       
Average no of employees: Total  2,939
 3,343
 3,325
Permanent employees  1,192
 1,072
 944
Contractors  1,747
 2,271
 2,381

(1) 
Sold effective28 FebruaryTotal cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.
(2)Excludes Morila and Kibali which are managed by Barrick and not AngloGold Ashanti.


Production and costs

Production from the Continental Africa region subsidiaries increased to 1.094Moz in 2019 compared to 1.060Moz in 2018. The joint venture operations decreased production to 445Moz compared to 452Moz in 2018. The increase was largely due to record production at Iduapriem, and good performance at Geita.

Gold production at Iduapriem was 8% higher at a record 275,000oz compared to 254,000oz in 2018, primarily a result of a 14% improvement in plant feed. The grade improvement was driven by better grade control and access to Cut 1 area in the Teberebie pit where stripping commenced in 2017. Production was impacted by a 5% year-on-year decline in tonnage throughput due to lower plant availability owing to an unstable power supply from the national grid in the first half of the year and mill downtime in the last quarter of the year to repair a cracked trunnion journal on Sag Mill 2. The power supply challenge has since been resolved by changing over to Volta River Authority (VRA) and Ghana Grid Company.

Geita produced 604,000oz in 2019, the highest level in 13 years, 7% higher compared to 564,000oz in 2018. The operation is transitioning to predominantly underground operations, with a 10% increase in recovered grades achieved on the back of additional flexibility in the blending strategy resulting in improved recovery rates. Record quarterly production of 208,000oz was achieved in the last quarter of the year, largely a result of the higher volumes of tonnes treated and higher-grade material from Star & Comet Cut 3.

Production at Siguiri declined 12% to 213,000oz in 2019. This compares with production of 242,000oz in 2018. The lower production was mainly due to lower plant feed grade and recovery which is related to the ROM 3 crushing plant low performance and material feed blend to the plant. This was a result of a slower ramp-up than anticipated following the completion of the carbon-in-leach (CIL) combination plant integration during the year. By year-end, quarterly production had improved as the processing challenges from the treatment of harder rock material through the plant had been addressed.

At Kibali, production increased 1% to a record of 366,000oz in 2019 (2018: 363,000oz), a result of the ramp up in underground mining, which partially offset the 9% decrease in tonnes treated due to the planned reduction in open pit mining. The mine delivered higher volumes of underground tonnes as the shaft operated in line with design specifications for the full year. Total volume of undergound ore hoisted was 15% higher year-on-year.

Sadiola continued to process the stockpile and optimise costs, producing 51,000oz in 2019. This compares to 59,000oz in 2018, a 13% decrease. The end of mining activities and the depletion of full grade ore stockpiles in 2018 led to a higher proportion of marginal grade ore from the stockpiles being fed to the plant in 2019.

Morila’s production decreased 8%, as planned, to 27,000oz in 2019 compared to 30,000oz in 2018, following the completion of satellite pit mining at the start of the first half of the year. Production was also impacted by a 16% decrease in recovered grade as the mine continued to treat tailings material. This was partially offset by a 9% increase in tonnes treated compared to the previous year. The mine is expected to continue treatment of mineralized waste ore, augmented by higher grade ore from targeted mining areas, for the next year, after which the mine will transition to full closure.

Cost of sales and all-in sustaining costs (AISC) for the subsidiary operations in the region increased to $1,173 million and $947/oz for 2019, respectively, a result of higher operating costs due to lower production at Siguiri, offset by lower costs at Geita following the transition to underground mining, as well as cost savings achieved from reagent optimisation at both Geita and Iduapriem. Cost of sales and AISC for the joint venture operations decreased due to lower operating costs at Sadiola and Morila as they wind down operations.

The drive for continuous cost improvements through the Operational Excellence programme is well entrenched across all sites and disciplines in the region. The focus remains on delivering systemic and sustainable operational improvements in the management of the region’s stay-in-business projects.

Capital expenditure

Total capital expenditure for the region increased in line with planned inward investment in growth projects, particularly at Obuasi where $246 million was spent in the redevelopment of the project. Underground Ore Reserve development projects continued at Geita, for Star & Comet and Nyankanga, and at Obuasi. These projects will provide access to ore bodies identified for future gold extraction. The balance of the capital spend was used for capitalised exploration and stay-in-business projects to improve asset reliability across our mines to ensure safe, risk-free mining and production.

Safety

There were no fatalities in the Continental Africa region in 2019, with the last fatal injury having been recorded in October 2015. The region saw a regression from the previous year, primarily due to an increased number of injuries associated with the redevelopment project currently underway at Obuasi in Ghana.

Ore Reserve

The total attributable Continental Africa Region Ore Reserve was 17.93 million ounces (2018: 16.33 million ounces). This amounts to 41 percent of the group’s Ore Reserve.

Growth and improvement

Commissioning of the Siguiri CIL combination plant was completed in 2019 with the mill achieving design throughput consistently. Optimisation of the circuit is now underway. The pre-feasibility study was completed for Block 2 Project, and it is expected that the feasibility study will be completed by end of the second quarter in 2020. Evaluation of Siguiri Block 2 and the trucking of oxide material to the existing process plant to displace marginal ore was completed. The aim is to improve the mine’s ounce profile and potentially extend its life of mine. Permits for construction of the new haul road have been received and the mining permit application is currently in progress.

At Geita, the development of Nyankanga Block 1 Portal began in December 2019 to accelerate mining in Blocks 1 and 2 following the delay in permitting for Geita Hill.

Development of Geita’s Star & Comet and Nyankanga underground operations continued during the year. Approximately 4,568m of development was completed during the year to access new areas for stope mining and further exploration. Open pit mining at Nyankanga will reach the end of its economic life during 2020. Surface exploration continued at Selous, a satellite pit 2.4km from Star & Comet, to supplement the underground operation in the near term.

At Iduapriem waste stripping for Teberebie Cut 1 was completed and ore was mined from Teberibie Cut 1, Cut 3, Ajopa and Block 3. Stripping in Cut 2 is expected to start during the first half of 2020 to deliver ore in 2021 when Cut 1 ore is depleted. Brownfields drilling continued at the Ajopa pit and open pit mining has been extended to Cut 3 to supplement ore from the larger Teberebie pit. Major brownfield exploration drilling continued at Blocks 7 and 8, Ajopa and Block 1 to improve the mine’s future ounce profile and potentially extend the life of mine.

The pre-feasibility studies for the new tailings storage facility (TSF) and return water dam (RWD) sites were completed. A related feasibility study is planned to be completed in 2020. Construction sites were identified and land access compensation and engagement with the relevant government authorities began for the permitting of the new facilities. In the second half of 2019 the mine undertook a feasibility study to consider treatment options to discharge excess water efficiently on the current greenfield tailings storage facility, the completion of which is expected in 2020.

The Obuasi Redevelopment Project has progressed well. There is a strong focus on safety. The project remains on schedule and within budget. Phase 1 of the project, which set up the plant to achieve a daily processing rate of 2,000t of ore, was completed. Phase 2, which aims to expand plant capacity to 4,000t a day, will continue through 2020. The civil engineering work is progressing well with most orders having already been placed. First blast underground, signalling the start of underground development, took place on 11 February 2019 and the first stope blast was in October 2019. This indicated the start of ore production, albeit on a limited scale, and was followed by the first pour of gold on 18 December 2019, demonstrating the successful implementation of the plan to redevelop Obuasi into a modern, mechanised mining operation, following the suspension of mining activities five years ago.

At Kibali, the Kalimva-Ikamva prefeasibility study was completed, delivering another viable opencast project. This will help balance the mine’s open cast/underground ore ratio and enhance mine plan flexibility. Drilling at Gorumbwa highlighted future underground potential and ongoing conversion drilling at KCD is delivering reserve replenishment. The mine is well placed to meet its 10-year production targets and extend them beyond this horizon.

SOUTH AFRICA


sa.jpg


After extensive restructuring of this region, at 31 December 2019, the region has two operations:

West Wits: Mponeng
Surface operations

Post-year end, on 12 February 2020, it was announced that an agreement had been reached to sell all our remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited. The transaction, which is subject to several conditions precedent, is expected to be concluded on or about 30 June 2020.

 
Gold production
(000oz)

 
Average number of  
employees  

Operations
South Africa   
  1.   West Wits
   
Mponeng244
 4,944
  2.   Surface operations (1)
175
 2,031
(1)
Includes MWS for purposes of this annual report. It is operated and managed as a separate cash-generating unit.

South Africa Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 35.1
 34.9
 38.9
  Pay limit (1) 
oz/t 0.33
 0.44
 0.43
 g/t 11.90
 16.11
 15.97
  Recovered grade (1) 
oz/t 0.183
 0.219
 0.202
 g/t 5.69
 6.82
 6.93
Gold production (2)
000oz 419
 487
 903
Cost of sales$m 479
 590
 1,129
  Total cash costs (3) 
$/oz 981
 1,033
 1,085
  All-in sustaining costs (3) 
$/oz 1,132
 1,178
 1,245
Capital expenditure$m 57
 73
 150
Safety       
Number of fatalities  0
 2
 7
AIFRPer million hours worked 10.00
 10.25
 12.68
People       
Average no of employees: Total  6,975
 17,308
 26,245
Permanent employees  6,202
 15,557
 22,738
Contractors  773
 1,751
 3,507
(1)
Refers to underground operations only.
(2)
Includes production ounces from the technology development programme in 2017.
(3)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.


Production and costs

The South Africa region produced 419,000oz, 14% lower than the previous year, at a cost of sales of $479 million and a total cash cost of $981/oz in 2019, largely due to limitations in face length availability which impacted grades following high seismicity at Mponeng. Production was also impacted by intermittent electricity due to Eskom load shedding and seismicity related safety stoppages.

Mponeng mine produced 244,000oz at a cost of sales of $287 million and a total cash cost of $976/oz in 2019, an 8% decrease in production compared to 265,000oz at a cost of sales of $320 million and a total cash cost of $977/oz in 2018. The 2019 year marked the first full year in which shift arrangements at Mponeng were implemented.

The shift arrangement represents a paradigm shift in the evolution of the mine. This has resulted in significant improvements in both safety and productivity. Employees have responded positively to the new schedule, resulting in a 36% year-on-year improved safety performance (AIFR) and a 15% uplift in productivity.

Production of 175,000oz at Surface Operations improved for the year driven by a 3% increase in production at MWS, driven by improved recoveries with the introduction of the Aachen Shear reactor and other initiatives aimed at enhancing efficiencies.

The main drivers for the improved delivery at the Surface Operations were primarily:
Improved throughput from better operational performance delivery by the contractor; stabilised duty cycle of the communication circuits
A change in strategy to process Mponeng marginal ore dumps (MOD) through the Savuka gold plant;
General metallurgical process efficiencies; and
Implementation of grid sampling and grade profiling strategy.

The impact of inclement weather remained significant during 2019. A remote reclamation project is currently underway with the aim of reducing inclement weather disruptions to production. The current situation at Eskom also remains a concern as MWS is not able to fully function on emergency power and therefore any interruptions caused by Eskom directly impacts on production activities.

Costs benefitted from operating efficiencies as well as a weaker rand/dollar exchange rate, resulting in a 19% year-on-year decrease in cost of sales and a 5% year-on-year decrease in total cash cost. This was partially offset by lower gold output from the region.

Cost reduction initiatives aimed at calibrating both on- and off-mine cost structures progressed well through the year in line with our focus on Operational Excellence.

All-in-sustaining costs for the region were $1,132/oz (cost of sales $479 million), down 4% despite the headwinds related to production and inflationary pressures. The region successfully delivered on its targeted cost savings initiatives for 2019.

Through our Operational Excellence initiatives, cost and capital management remained a key priority as we continue to maintain asset integrity and safety performance. Project initiatives include a wide array of activities aimed at improving metallurgical recoveries and throughput and cost saving initiatives. Operational Excellence began at Mponeng in 2019 and included working to increase face length availabilities, improve recovery and mine call factors, reduce power consumption, and optimise capital spend.

Capital expenditure

Total capital expenditure for the region was $57 million, compared to $73 million in 2018. This was mainly spent on the completion of the Phase 1 project, ore reserve development (ORD) work, as well as the Mponeng life-of-mine extension feasibility study. Sustaining capital expenditure was spent on a variety of stay-in-business projects and the rehabilitation work related to the Carbon Leader project.

Safety

There were no fatalities in the South Africa region in 2019, the region’s safest year on record. The AIFR was10.00 for the year, an improvement year-on-year. Safety interventions have included changes in planning and information systems, the introduction of a new way of mining, and a change in shift arrangements as of November 2018. Regrettably, there have been four fatalities in the South Africa region post year-end resulting from a seismic event as well as a tramming accident at the Mponeng mine.

Ore Reserve

As at 31 December 2019, the total Ore Reserve for the South African region was 15.5Moz (2018: 16.8Moz). This is equal to 35 percent of the Group’s Ore Reserve.


THE AMERICAS

americasa05.jpg




The Americas region has three mining operations, featuring both open pit and underground mining (one in Argentina and two in Brazil) as well as two advanced greenfields projects in Colombia.
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
  1.     Argentina
   
Cerro Vanguardia (Attr. 92.5%)225
 1,698
  2.    Brazil
   
AGA Mineração362
 4,885
Serra Grande123
 1,531


Americas - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 7.2
 6.8
 7.5
Pay limitoz/t 0.11
 0.12
 0.10
 g/t 3.79
 4.14
 3.58
Recovered gradeoz/t 0.089
 0.103
 0.102
 g/t 3.04
 3.55
 3.49
Gold production (Attributable)000oz 710
 776
 840
Silver (attributable)Moz 3.4
 5.9
 5.8
Cost of sales$m 822
 838
 987
Total cash costs (1)
$/oz 736
 624
 638
All-in sustaining costs (1)
$/oz 1,032
 855
 943
Capital expenditure (2)
$m 195
 176
 234
Safety       
Number of fatalities  0
 1
 0
AIFRPer million hours worked 3.50
 3.97
 3.29
People       
Average no of employees: Total  8,114
 7,973
 8,511
Permanent employees  5,869
 5,755
 5,888
Contractors  2,245
 2,218
 2,623

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.
(2)
100 percent, (not attributable) and includes Colombia.

Production and costs

Total production for the Americas region in 2019 declined 8% to 710,000oz compared to 776,000oz in 2018, a result of production declines at all three operations.

At AGA Mineração, performance at Cuiabá was hindered by poor ground conditions where, to ensure safe production, the rate of mining was slowed while a new surface support regime and mining sequencing were explored. Leading internal and external rock engineering experts were engaged to advise and subsequently mesh surface support installed to rehabilitate accessways and new controls and mine sequencing were introduced. Early indicators show these new controls to be successful and condition monitoring will continue as mining progresses in the deeper, higher grade areas.

At the Córrego do Sítio complex, geological model changes, open pit licence delays for the Rosalino orebody, geotechnical issues and unexpected heavy rains in the last two months of the year delayed development and mining of the planned open pit mining areas.

At Serra Grande, the slightly lower production level in 2019 was due to lower feed grades, particularly in the second half of the year, and reduced drilling productivity and fleet availability. This was partially offset by higher tonnage treated following the Mina III pushback.

Cerro Vanguardia’s production was negatively affected in the second half of the year by the planned lower grades mined and a 42% decline year-on-year in silver production. This was partially compensated for by higher average silver price.

Cost of sales for the region for the year were $822 million in 2019 (2018: $838 million). The total cash cost for the region for the year was $736/oz in 2019 (2018: $624/oz) and AISC were $1,032/oz (2018: $855/oz). The increased costs were largely due to the decline in ounces sold, reduced silver by-product revenue from Cerro Vanguardia and inflation. The inflationary pressures which affected both Argentina and Brazil, included increases in wages, operational materials, this coupled with impact of changes in the estimation of rehabilitation provisions estimation for the Brazilian operations as required by the new legislation. This was slightly offset by weaker currencies (Argentinean peso and Brazilian real).

Capital expenditure

Total capital expenditure for the region was $195 million, compared to $176 million in 2018, with the increase largely driven by higher spend in Colombia on feasibility study work at Quebradona. Sustaining capital expenditure was spent mainly on Ore Reserve development at underground operations in Brazil and Argentina. At Cerro Vanguardia, capital expenditure for the year was spent primarily on development work and larger trucks to increase hauling and loading capacity, and to ultimately improve productivity.

Serra Grande is our only operation in Brazil with an upstream TSF. Following implementation of new legislation in Brazil, the current dam, which has a reinforced wall, will be converted to dry stacking. As this was part of the mine plan, the process will be accelerated and decommissioning is expected to begin in September 2021.

Safety

There were no fatalities in the Americas region in 2019. Safety improved overall with an AIFR of 3.84 recorded for the year.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Americas region was 7.2 million ounces (2018: 7.1 million ounces). This is approximately 17 percent of the group’s total Ore Reserve.

Growth and improvement

In Brazil, the strategy is to enhance mining flexibility and predictability by investing in Ore Reserve development, along with Mineral Resource and Ore Reserve conversions. More brownfields exploration is planned to increase reserves and related confidence levels. This work will be vital in the upcoming year.

During 2019, Serra Grande transitioned to full owner development and development metres achieved increased by 10% compared to 2018 levels. At Cuiabá a new international contractor in the Brazilian market was signed on in March 2019 and has to date delivered a 28% year-on-year increase in metres developed.

Cuiabá is also investigating the potential of new orebodies and a plan for deepening the mine. At Córrego do Sítio (CdS) the focus is to re-open the CdS II underground mine. Along with a focus on resource conversion and stabilising production, Córrego do Sítio will invest in looking at the potential of CdS III and the Rosalino open-pit expansion.

At Serra Grande, Palmeiras South underground mine is expected to commence delivering ounces in the first half in 2020.

In Argentina, Cerro Vanguardia, which has been in operation for over 20 years, is expected to see a reduction in grades from the open pit mines and lower contributions from silver compared to the previous years’ levels. To sustain the production plan, exploration will focus on converting new and already existing blue sky tangible and Inferred Resources into Indicated category around current pits and underground operations in the main production zone. The exploration plan includes 25,000m of diamond drilling hole campaign, channels, trenches and geophysics surveys, among others.



AUSTRALIA

australia.jpg
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
Australia   
1.   Sunrise Dam254
 570
2.   Tropicana 70%360
 570
AngloGold Ashanti’s Australian assets comprise the wholly owned Sunrise Dam and the 70 percent-owned Tropicana Gold mine located in the north-eastern goldfields of the state of Western Australia.
Australia - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 10.1
 9.5
 9.4
Pay limitoz/t 0.06
 0.07
 0.06
 g/t 1.95
 2.10
 1.84
Recovered gradeoz/t 0.060
 0.065
 0.061
 g/t 1.87
 2.01
 1.89
Gold production (attributable)000oz 614
 625
 559
Cost of sales$m 632
 622
 551
  Total cash costs (1) 
$/oz 730
 762
 743
  All-in sustaining costs (1)
$/oz 990
 1,038
 1,062
Capital expenditure$m 149
 156
 153
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 7.33
 9.14
 8.53
People       
Average no of employees: Total  1,140
 1,051
 974
Permanent employees  249
 238
 226
Contractors  891
 813
 748

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.



Vaal River - KopanangProduction and costs

Description
Kopanang is anThe Australia region produced 614,000oz in 2019 compared to 625,000oz 2018. The 2% drop in year-on-year production was largely the result of lower underground operation locatedmined volumes and grades at Sunrise Dam. Sunrise Dam experienced operational challenges in the Free State province, roughly 170 kilometres southwest of Johannesburg and approximately 10 kilometres southeastmiddle of the townyear with limited stope flexibility and paste fill delays, which resulted in lower underground volumes and grades. However, mining flexibility improved in the fourth quarter of Orkney2019 as larger stopes came online, resulting in a record production from underground for the fourth quarter. A substantial exploration programme is underway to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. Critical for success at Sunrise Dam is increasing flexibility to ensure consistently high underground tonnages are available to displace lower-grade surface stockpiles. Strategic drill platforms have been established to facilitate systematic exploration of the down plunge extents of the Vogue mineralised system, while also testing areas to the north and south that could generate additional work areas. The objective of the drilling is to provide data to facilitate Ore Reserve conversion and increase confidence and reliability in the two- to five year planning horizon.

At Tropicana, production at 360,000oz for the year, was 7% higher year-on-year. Higher mill throughput, which set new records in December 2019, offset lower feed grades in the second half of the year and contributed to the increase in gold production. Annual tonnes mined also broke site records in 2019. The Tropicana open pit was completed during the year and mining continued in the Havana South, Havana and Boston Shaker pits. It is planned that open pit mining will be focused on the Havana pit in 2020.

The region’s cost of sales and AISC were $632 million and $990/oz in 2019, respectively, compared to $622 million and $1,038/oz for 2018, respectively. Despite the 2% lower production delivered in the region for the year, a lease areastrong focus on operational excellence coupled with a weaker exchange rate contributed to a 4% drop in total cash costs and a 5% drop in AISC compared to 2018. Tropicana’s total cash costs declined due to higher volumes, and improved efficiencies partially offset by unfavourable grades, royalties and inflation while total cash costs at Sunrise Dam were negatively impacted by lower efficiencies, lower grade and inflation. Operational excellence work included a successful trial of 35km2autonomous open-pit blast hole drilling, which indicated significant productivity gains could be achieved by converting all six drill rigs to autonomous operation. Autonomous operation can improve drill use by enabling their continued operation within the exclusion zone during blasting, so extending drill bit life and reducing the number of operators needed.

Capital expenditure

Total capital expenditure for the region was $149 million in 2019 compared to $156 million in 2018. Capital expenditure at Tropicana increased by $29 million predominately due to the start of the Boston Shaker underground growth project ($21 million). An increase in waste stripping capital expenditure due to the scheduling of open pit cutbacks was partially offset by a reduction in stay-in-business capital. Capital expenditure at Sunrise Dam reduced by $35 million due to lower Ore Reserve development and stay-in-business capital expenditure. Several key infrastructure projects, such as the expansion of the tailings storage facility and the upgrade to the ventilation system were completed in 2018 resulting in a $25 million year-on-year reduction in stay-in-business capital expenditure when compared to 2019.

Safety

Safety performance improved for the Australia region in 2019, continuing a positive trend since the commissioning of Tropicana in 2013. At Tropicana, the site ended the year with a record safety performance in terms of the AIFR and the lost-time injury frequency rate (LTIFR), achieving 14 months without a lost-time injury. At Sunrise Dam, the AIFR and LTIFR both increased marginally from 2018, although the severity of injuries was minor.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Australia region was 3.2 million ounces (2018: 3.8 million ounces). This is approximately seven percent of the group’s total Ore Reserve.

Growth and improvement

At Sunrise Dam, the underground exploration programme initiated in the second half of 2019 is expected to take two years. The programme is designed to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. By the end of the year six underground diamond drill rigs were in operation which started in 1984, is westtesting various targets including the southern strike extensions of neighbour Great Noligwa (now part of Moab Khotsong)the Midway Shear Steeps (MSS) and boundElle and areas to the south byof the Jersey Fault. Gold is the primary output, with uranium oxide as a by-product from a single underground shaft system to a depthcurrent Vogue Indicated Resource. Surface diamond drilling will target southern extensions of 2,600 metres.Vogue.

Kopanang almost exclusively exploitsDrilling results returned in 2019 identified extensions of Vogue mineralisation over an approximate 180m strike length; southern extensions to the Vaal Reef, although minor amountsMidway Shear (MWS) Steeps ore domains, approximately 190m south of gold arethe current Indicated Resource; and potential repetition of the MWS Steeps ore domains, approximately 100m east of the current Indicated Resource. Drilling also extracted fromintersected mineralisation 500m to the secondary CR. Givensouth down plunge of the geologically complex orebody, scattered mining is used.Mineral Resource, suggesting the continuation of the Vogue orebody.

Vaal River - Moab Khotsong
Development of the Boston Shaker underground mine at Tropicana began in May 2019 and at year-end the project was on track to deliver high-grade ore in mid-2020 as planned. The decision to go ahead with the project was announced in March 2019 following board approval and after a feasibility study confirmed that underground mining was technically and financially viable, demonstrating robust economics with an anticipated internal rate of return of 39% for a capital investment of $79.3 million.

DescriptionBoston Shaker is expected to contribute higher-grade mill feed, resulting in an improved gold production profile and enhanced cash flow, during 2021-2023 when the mine plan includes periods of higher waste stripping in the Havana open pit.
Moab Khotsong is an underground mine that started operations in 2003 and is AngloGold Ashanti’s newest gold mine in South Africa. It is situated near Orkney, Klerksdorp and Viljoenskroon, about 180 kilometres southwest
The feasibility study was based on the mining of Johannesburg. Given6.58 million tonnes, grading 3.84g/t, assuming the geological complexitysystematic conversion of Mineral Resources to Ore Reserves over the life of the Vaal Reef, scatteredmine. The average underground mining is employed. Great Noligwarate will be approximately 1.1Mtpa (including development) over an eight-year mine was merged with Moab Khotsong in 2014life to 2026 to produce a total of 732,000oz. Mining methods will comprise conventional mechanised mining and operations are now collectively referred to as Moab Khotsong. Great Noligwa commenced production in 1968.underhand sublevel open stoping.

Surface Operations

Surface OperationsThe two raised bore holes required for ventilation and emergency egress were tracking ahead of schedule by year end, and underground development of 1,640m was ahead of plan. Underground reverse circulation grade control drilling began in South Africa produce gold by processing surface material such as low grade stockpiles and the re-treatment of Tailings Storage Facilities. Surface operations comprise Vaal River Surface, West Wits Surface and Mine Waste Solutions (MWS).

Low grade stockpiles

Description
The Vaal River and West Wits operations extract gold from various low grade stockpiles where there is spare metallurgical capacity. Uranium is produced as a by-product at Vaal River South Uranium Plant. In addition, backfill product is produced and used as support in the underground mining operations. The Hard Rock Surface Sources includes the rail transport infrastructure, the Vaal River and West Wits Laboratories and tailings management facilities.

Tailings Storage Facilities (TSF)

Description
The tailings dams consist of tailings material which originated from the processingOctober. Recruitment of the underground ore fromworkforce is progressing as planned and the Vaal River Operations (VR Surface), the West Wits Operations (WW Surface) and Buffels, Hartebeestfontein and Stilfontein Gold Mines (MWS).

The gold mines are deep-level gold mines, which predominantly extract the tabular, conglomeratic VR, Carbon Leader Reef (CLR) and Ventersdorp Contract Reef (VCR). The VR, CLR and VCR have been predominantly mined forunderground operation remains on track to deliver first gold in the past althoughsecond half of 2020. Operational excellence work is focused on remote bogging, the reef also contains uranium oxide. The material contained in the tailings dams is fine in nature. The footprintsmechanical operator-controlled digging of the MWS tailings damsore from surface, and Vaal River Surface Operations tailings dams cover an area of approximately 1,100ha.

MWS is a goldon optimising level spacing and uranium tailings recovery operation located in the western portion of the Witwatersrand Basin, some 160 kilometres from Johannesburg, approximately eight kilometres from the town of Klerksdorp near Stilfontein in the North West Province.  It has been operational since 1964 and was previously owned by First Uranium Corp.

The MWS gold plants have the capacity to treat tailings of 2.26 million tonnes per month. The uranium plant has been decommissioned.

West Wits operations

Description
The West Wits operations, Mponeng and TauTona, are situated southwest of Johannesburg, on the border between Gauteng and North West Province. From 1 January 2013 the Savuka mine was incorporated into the TauTona mine to access Savuka’s remaining Ore Reserve via TauTona’s infrastructure and Savuka and TauTona operate as a single mine.

AngloGold Ashanti holds a number of mining rights in the West Wits area which have been successfully converted, executed and registered as new order mining rights at the Mineral and Petroleum Resources Titles Office (MPRTO).

Geology
Two reef horizons are exploited at the West Wits operations, the Ventersdrop Contact Reef (VCR) located at the top of the Central Rand Group and the CLR near the base. The separation between the two reefs increases from east to west from 400 to 900 metres, due to the VCR unconformity. TauTona exploits both reefs, whereas Mponeng only mines the VCR. Faults of greater than 70 metres are rare. The CLR consists of one or more conglomerate units and varies from several centimetres to more than two metres in

thickness. Regionally, the VCR dips at approximately 21 degrees but may vary between 5 degrees and 50 degrees, accompanied by changes in thickness of the conglomerate units. Where the conglomerate has the attitude of the regional dip, it tends to be thick, well-developed, up to three metres in thickness, and is accompanied by higher gold accumulations. Where the attitude departs significantly from the regional dip, the reef is at times only a few centimetres in thickness.

West Wits - Summary of metallurgical operations
 Mponeng Gold Plant
 Savuka Gold Plant
    
Capacity (000 tonnes/month)160
 280

West Wits - Mponeng

Description
Mponeng, in operation since 1986, is located between the towns of Carletonville and Fochville on the border between Gauteng and the North West Province, southwest of Johannesburg. The underground operation, the world’s deepest mine, currently extracts the VCR at depths between 3,160 metres and 3,740 metres BMD* through sequential-grid mining and is currently the deepest mine in the world with development at 3,841 metres BMD. Future mining is planned to deepen the shaft bottom to 4,227m BMD. In the future, the mining of the CLR from Mponeng will steadily increase. The Mponeng lease area is constrained to the east by Sibanye’s Driefontein mine and to the west by Harmony’s Kusasalethu mine. Mponeng comprises a twin-shaft system housing two surface shafts and two sub-shafts. Ore is treated and smelted at the mine’s gold plant.  The plant has a monthly capacity of 160,000 tonnes. In 2017, TauTona mine located to the northeast of Mponeng was closed and the infrastructure and residual Mineral Resource and Ore Reserve transferred to Mponeng.

* BMD is 1,828.8m Above Mean Sea Level (AMSL)extraction ratios.


CONTINENTAL AFRICA

GHANADemocratic Republic of the Congo (DRC)

General laws relating to mining

The mining industry in the DRC is primarily regulated by law No. 007/2002 dated 11 July 2002 (2002 DRC Code) as amended by law No. 18/001 dated 29 January 2018 (Reformed DRC Mining Code) and decree No. 038/2003 dated 26 March 2003 as amended by decree No. 18/024 dated 8 June 2018 (Reformed DRC Mining Regulations).

As regards the application of the Reformed DRC Mining Code and Reformed DRC Mining Regulations, Kibali Goldmines SA (Kibali) has reserved and continues reserving its rights, including, without limitation, its stability rights under, among other legal sources,

the 2002 DRC Code. Discussions with the DRC government on these issues and the possible application of incentives that may be available under the Reformed DRC Mining Code and Reformed DRC Mining Regulations are ongoing.

In accordance with prior mining legislation, companies holding mining titles issued prior to the entry into force of the Reformed DRC Mining Code and Reformed DRC Mining Regulations have claims to a 10-year stability provision. Notwithstanding the adoption of the new regulatory regime, their rights with respect to such stability provision are reserved.

The Reformed DRC Mining Code grants the DRC Minister of Mines the authority to grant, refuse, suspend and terminate mineral rights, subject to conditions set out in the Reformed DRC Mining Code. Mineral rights may be granted in the form of exploration permits for an initial period of five years or in the form of mining permits which are granted for an initial period of 25 years. An exploration permit may, at any time before expiry, be transformed partially into a mining permit or a small-scale mining permit. Mining permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental impact study and an environmental management plan.

The holder of a mining permit is required to commence development and mine construction within three years of the award of such permit. Failure to do so may lead to forfeiture of the mining permit. A permit holder must comply with specific rules relating to, amongst other things, protection of the environment, cultural heritage, health and safety, construction and infrastructure planning. Mining and exploration activities are required to be undertaken so as to affect as little as possible the interests of lawful occupants of land and surface rights holders, including their customary rights. The exercise of mineral rights by title holders which effectively deprives or interferes with the rights of occupants and surface rights holders requires payment of fair compensation by the mineral title holder.

To protect and enforce rights acquired under an exploration or mining permit, the Reformed DRC Mining Code provides, depending on the nature of a dispute or threat, administrative, judicial and national or international arbitral recourses.

Tax laws relating to mining

The Reformed DRC Mining Code sets out an exclusive and exhaustive tax and customs regime applicable to mining activities. Mining title holders are subject, amongst other things, to a corporate income tax of 30 percent, a windfall tax of 50 percent and are required to pay mining royalties to the DRC government. The royalty rate applicable to gold has been set at 3.5 percent. Mining title holders are also required to contribute a minimum of 0.3 percent of total turnover to community development. The standard rate of VAT is 16 percent and is applicable to all mining companies.

Mining companies are required to grant a free-carried and non-contributory participation to the DRC government. The DRC government’s free participation was previously set at 5 percent but was increased to 10 percent in respect to mining titles issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional 5 percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a 10 percent local contributory participation is also mandatory for mining titles issued after its entry into force.

Regarding exchange control rules, the Reformed DRC Mining Code requires that mining title holders repatriate onshore 60 percent of sale revenues during the investment amortization period and 100 percent once the investment amortization is completed.

The Reformed DRC Mining Code also provides for a level of fiscal stability. A stability clause stipulates that existing tax, customs and exchange control provisions applicable to mining activities are guaranteed to remain unchanged for a period of five years from the enactment of the Reformed DRC Mining Code.

Article 220 of the Reformed DRC Mining Code provides that the Prime Minister of the DRC may grant a number of incentives to provinces suffering from infrastructures deficits to encourage economic development from mining resources. Discussions are currently ongoing with the DRC government with respect to incentives that could be available under article 220 of the Reformed DRC Mining Code.

On 18 July 2012, the Convention between the government of the Republic of South Africa and the government of the DRC for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Convention) came into effect. The Convention is applicable to (i) withholding taxes on amounts paid or credited on or after 1 January 2013; and (ii) other income taxes, levied in respect of taxable periods beginning on or after 1 January 2013. The Convention reduces the withholding tax on dividends paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 5 percent and on interest paid by companies resident in the DRC to companies resident in South Africa from 20 percent to 10 percent. A South African company must own at least 25 percent of a relevant DRC entity’s outstanding shares in order to take advantage of the reduced rates.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti holds a significant stake in the Kibali gold mine which is located in the north-eastern part of the DRC. The gold mine is owned by Kibali Goldmines SA (Kibali) which is a joint venture between Barrick (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto SA (SOKIMO) (10 percent) which represents the interest of the DRC government. The gold mine is operated by Barrick.


Kibali comprises 10 permits, of which seven expire in 2029 and three in 2030. The Kibali gold project covers an area of approximately 1,836 km2 in the Moto goldfields.

Ghana

General laws relating to mining

Control of minerals and mining companies

The Constitution of Ghana as well as the Minerals and Mining Act, 2006 (Act 703) (GMM Act) provide that all minerals in Ghana in their natural state are the property of the State and title to them is vested in the President on behalf of and in trust for the people of Ghana, with rights of reconnaissance, prospecting, recovery and associated land usage being granted under licence or lease.

The grant of a mining lease by the Ghana Minister of Lands and Natural Resources (LNR Minister) upon the advice of the Minerals Commission is subject to parliamentary ratification unless the mining lease falls into a class of transactions exempted by the Ghanaian Parliament.

The LNR Minister has the power to object to a person becoming or remaining a controller of a company which has been granted a mining lease if the LNR Minister believes, on reasonable grounds, that the public interest would be prejudiced by the person concerned becoming or remaining such a controller.

In 2019, Parliament passed the State Interests and Governance Authority Act, 2019 (Act 990) establishing the State Interests and Governance Authority (SIGA). The functions of SIGA include the oversight and administration of the State’s interests in state-owned enterprises, joint venture companies and other entities in which the State has an interest. This applies to mining companies on account of the Government’s mandatory free-carried equity interest in mining companies as provided for under the GMM Act. However, the Government of Ghana does not have a free-carried interest in any of AngloGold Ashanti’s mines in Ghana.

Stability and development agreements

The GMM Act provides for stability agreements as a mechanism to guarantee certain terms and conditions, mainly fiscal, to which a company’s operations are subject for a period of 15 years. Stability agreements are subject to ratification by Parliament. A development agreement, as provided for by the GMM Act, may be made available to a mineral right holder with a proposed investment exceeding USD 500 million. The GMM Act also provides that the terms of a development agreement may contain stability terms as provided for in stability agreements. A development agreement is subject to parliamentary ratification.

In January 2020, the Minerals Commission proposed certain amendments to the GMM Act, including, among other measures, the abolishment of development agreements and the shortening of stability agreements from a period not exceeding 15 years to a period of five years (with a possible extension of another five years). The Minerals Commission is currently engaging with stakeholders on these proposed amendments. Following this engagement, the Minerals Commission may present the proposed amendments to the LNR Minister who can then decide to submit a draft bill to Parliament. If such bill were to be adopted by Parliament, it would not apply retroactively. As a result, the proposed amendments will not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below).

Ghana Stability Agreement

On 18 February 2004, AngloGold Limited and the Government of Ghana agreed on the terms of a stability agreement (Ghana Stability Agreement) to govern certain aspects of the fiscal and regulatory framework under which AngloGold Ashanti would operate in Ghana following the implementation of the business combination between AngloGold Limited and Ashanti Goldfields Company Limited. The Ghana Stability Agreement necessitated the amendment of the Obuasi mining lease which had been ratified by Parliament.

Under the Ghana Stability Agreement, the Government of Ghana agreed:
to extend the term of the mining lease relating to the Obuasi mine until 2054 on terms existing prior to the business combination;
to maintain, for a period of 15 years, the royalties payable by AngloGold Ashanti with respect to its mining operations in Ghana at a rate of 3 percent per annum of the total revenue from minerals obtained by AngloGold Ashanti from such mining operations;
to ensure the income tax rate would be 30 percent for a period of 15 years. The agreement was amended in December 2006 to make the tax rate equal to the prevailing corporate rate for listed companies if the rate was less than 30 percent; and
to permit AngloGold Ashanti and any or all of its subsidiaries in Ghana to retain up to 80 percent of export proceeds in foreign currencies offshore, or if such foreign currency is held in Ghana, to guarantee the availability of such foreign currency.

The Ghana Stability Agreement also stipulates that a sale of AngloGold Ashanti’s or any of its subsidiaries’ assets located in Ghana remains subject to the Government’s approval. Furthermore, the Government retains its special rights (Golden Share) under the provisions of the GMM Act pertaining to the control of a mining company, in respect of its assets and operations in Ghana.


The Government of Ghana further agreed that AngloGold Ashanti’s Ghanaian operations will not be adversely affected by any new enactments or orders, or by changes to the level of payments of any customs or other duties relating to mining operations, taxes, fees and other fiscal imports or laws relating to exchange control, transfer of capital and dividend remittance until April 2019, which is 15 years after the completion of the business combination.

In relation to the Obuasi mine, AngloGold Ashanti (Ghana) Limited (AGA Ghana) negotiated a new development agreement and a new tax concession agreement with the Government. These regulatory and fiscal agreements, which govern the redevelopment of the Obuasi mine, have received parliamentary approval in June 2018. As a result of the ratification of these agreements, the Ghana Stability Agreement ceased to apply to the Obuasi mine.

Notwithstanding the aforementioned, the Ghana Stability Agreement still applied to the Iduapriem mine until it expired in April 2019. Since this expiration AngloGold Ashanti (Iduapriem) Limited (AGA Iduapriem) does not benefit from any peculiar tax concessions or other protections resulting from the Ghana Stability Agreement anymore. Relevant engagements are currently ongoing between AGA Iduapriem with the Minerals Commission to obtain a new stability agreement and tax concession agreement for the Iduapriem mine.

Obuasi Development Agreement

On 21 June 2018, Parliament ratified the Development Agreement in relation to the Obuasi mine (Obuasi DA) which contains stability terms as provided for in stability agreements.

The Obuasi DA confers the following rights and obligations on AGA Ghana with respect to the Obuasi mine:
Stabilization of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of 10 years with a potential of it being extended for five years;
Confirmation of accounting currency to be US dollars;
Right to hold up to 80 percent of proceeds received from exporting minerals in foreign currencies outside of Ghana in accordance with existing arrangements;
Obligation to set up a “Community Trust Fund” for Obuasi funded at $2 per ounce produced;
Obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians, entities incorporated or formed in Ghana and entities owned and controlled by Ghanaians;
Obligation to give preference to Ghanaian skills where they are available;
Obligation to employ high standards of safety; and
Right to peaceful enjoyment and protection against expropriation.

Obuasi Tax Concession Agreement

The fiscal terms which will ordinarily form part of a single stabilisation document were separated from the Obuasi DA. Hence a separate tax concession agreement in relation to the Obuasi mine (Obuasi TCA) was signed with the Government. On 21 June 2018, Parliament ratified the Obuasi TCA.

The key terms of the Obuasi TCA are as follows:
Corporate Income Tax to be 32.5 percent or such lower rates as may be fixed by law (current statutory rate is 35 percent);
Unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020;
Existing tax losses and new tax losses as well as a special concession to carry forward capital allowances to be converted into tax losses as at the end of 2020, will apply to AGA Ghana (whoever is the owner of AGA Ghana and whether or not AGA Ghana was to enter into a joint venture in respect of the Obuasi mine);
Exemptions of certain items from Import Duty;
Exemption of the following transactions from Capital Gains Tax:
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;
transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 35 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Non-application of section 62(1) of the Income Tax Act, 2015 (Act 896) in relation to change in underlying ownership under the following circumstances:
a joint venture in relation to Obuasi gold mine;
an issue of shares by a publicly listed company which holds a direct or indirect interest in AGA Ghana in connection with a raising of finance, an acquisition or a reorganization or an issue of shares by a company in connection with a new listing;

transfers of shares in any publicly listed company which holds a direct or indirect interest in AGA Ghana other than a transfer of shares which results in a third party holding more than 50 percent of the shares in the listed company; and
a reorganization of a company which holds a direct or indirect interest in AGA Ghana where following the reorganization the shareholders are substantially similar to those shareholders of the ultimate parent entity immediately prior to the transaction;
Sliding scale royalty rate ranging from 3 percent to 5 percent for a price ranging from $1,300 up to $2,000 and above per ounce instead of the current flat rate of 5 percent;
Exemption from the payment of VAT on items imported under the Import Duty List up to 31 December 2023; and
Entitlement to a refund of VAT credit at the pre-production stage notwithstanding that AGA Ghana will not meet certain conditions for qualifying for refunds.

Corporate regulation

Parliament passed the new Companies Act, 2019 (Act 992) which repeals the Companies Act, 1963 (Act 179). Act 992 introduced amendments to the regulation of companies in Ghana and establishes the Office of the Registrar of Companies. As a general matter, Act 992 maintained the provisions of Act 179. It, however, introduces stricter requirements for persons who are to be appointed as directors of a company as well as for company secretaries. Companies are also required to appoint new external auditors every six years.

A company is also not required to have bylaws or “regulations” as was the case under Act 179. Instead, a company may opt to have a registered constitution. Nevertheless, it is expected that the current regulations for AGA Ghana and AGA Iduapriem will be redrafted and filed at the Companies Registry. Further, a company is not required to have specific objects as prescribed previously. The implication of this is that a company can carry out any type of business unless otherwise specifically stated in the company’s constitution.

Government’s Golden Share

Section 60(1) of the GMM Act provides that the Government of Ghana can require a mining company to issue for no consideration to the Republic of Ghana a special share (Golden Share) by notice in writing to such mining company. The Government of Ghana exercised this right in respect of AGA Ghana and as a result was issued with a Golden Share in AGA Ghana. Under the Ghana Stability Agreement, this Golden Share was to apply solely to AGA Ghana’s assets and operations in Ghana. Following the expiration of the Ghana Stability Agreement in April 2019, the Government of Ghana reconfirmed and agreed in the Obuasi DA that the Government’s rights with respect to its Golden Share apply only in respect of AGA Ghana’s assets and operations in Ghana.

The Golden Share may only be held by or transferred to a Minister of the Government or any person acting on behalf of such Government and authorised in writing by such Minister.

The following matters require, and will not be effective without, the written consent of the holder of the Golden Share:
any amendment to or removal of the relevant provisions of the AGA Ghana Regulations setting out the rights and restrictions attaching to the Golden Share;
the voluntary winding-up or voluntary liquidation of AGA Ghana;
the redemption of or purchase by AGA Ghana of the Golden Share;
the disposal of any mining lease held by AGA Ghana or any subsidiary of AGA Ghana; and
any disposal by AGA Ghana (other than any disposal in the ordinary course of business of AGA Ghana) which, alone or when aggregated with any disposal or disposals forming part of, or connected with, the same or a connected transaction, constitutes a disposal of the whole or a material part of the assets of the AGA Ghana group taken as a whole. For this purpose, a part of the AGA Ghana group’s assets will be considered material if either (a) its book value (calculated by reference to the then latest audited consolidated accounts), or the total consideration to be received on its disposal, is not less than 25 percent of the book value of the net assets of the AGA Ghana group or (b) the average profits attributable to it represent at least 25 percent of the average profits of the AGA Ghana group for the last three years for which audited accounts are available (before deducting all charges, except taxation and extraordinary items).

Upon a return of assets in a winding-up or liquidation of AGA Ghana, the holder of the Golden Share is entitled to the sum of GHS 0.10 cedis in priority to any payment to other members, but the Golden Share confers no further right to participate in the profits or assets of AGA Ghana. The Golden Share carries no right to any dividend or any right to participate in any offer of securities to existing shareholders or in any capitalisation issue.

The holder of the Golden Share may require AGA Ghana to redeem the Golden Share at any time in consideration of the payment to such holder of GHS 0.10 cedis.






Tax laws relating to mining

Fiscal regime

Currently, the main tax laws in Ghana include the following acts and regulations:
Income Tax Act, 2015 (Act 896) (as amended) and Income Tax Regulations, 2016 (L.I. 2244);
Customs Act, 2015 (Act 891) (as amended) and Customs Regulations, 2016 (L.I. 2248);
Value Added Tax, 2013 (Act 870) (as amended) and Value Added Tax Regulations, 2016 (L.I. 2243); and
Revenue Administration Act, 2016 (Act 915).

In 2012, the tax laws of Ghana were amended. Changes to the tax laws included:
An increase in the income tax rate applicable to mining businesses from 25 percent to 35 percent. The Obuasi TCA limits the corporate income tax rate for AGA Ghana to 32.5 percent and AGA Iduapriem was protected until April 2019 from any increase exceeding the rate provided for under the Ghana Stability Agreement. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem currently pays an income tax rate of 35 percent;
Introduction of a new capital allowance regime for class 3 assets (which include mineral and petroleum exploration and production rights, buildings, structures and works of a permanent nature used in mineral and petroleum exploration and production and plant and machinery used in mining and petroleum operations) that provides for a 20 percent straight line rate for a period of five years. AGA Ghana is protected under the Obuasi TCA and AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement;
Elimination of the 5 percent allowance on prior year additions. Prior to the 2012 amendment, the tax code granted an additional 5 percent of the value of assets acquired and qualified to be classified as class 3 assets for the purpose of granting capital allowances. Capital allowance is now 20 percent each year on the total value of the assets. The Obuasi TCA provides that unutilised capital allowances carried forward by AGA Ghana which relate to the period before the effective date of the Obuasi TCA which have not already been utilized for the purposes of calculating taxable income shall continue to be carried forward until 31 December 2020. From 1 January 2021, any such unutilized capital allowances shall be 20 percent each year on the total value of assets. AGA Iduapriem was protected until April 2019 from such change pursuant to the Ghana Stability Agreement; and
A ring fencing rule to prevent mining businesses from deducting or setting off costs from one mining area with another’s income. This ring fencing rule applies to AGA Ghana under the Obuasi TCA. Pursuant to the Ghana Stability Agreement, this change did not affect AGA Iduapriem until April 2019.

Between 2018 and 2019, the following changes have been made to the fiscal regime of Ghana:
The Minerals Income Investment Fund Bill has been passed by Parliament to establish a Fund to receive mineral royalties and related income as well as establish a special purpose vehicle to vest the Ghanaian Government’s carried interest in mining companies. It will also provide for the disbursement and management of the royalties received from mineral rights holders by Ghana’s Government. This would not impose any additional burden on mining companies such as AngloGold Ashanti but would only change the legal personality holding the Ghanaian Government’s carried interest; and
The Income Tax (Amendment) Act, 2019 (Act 1007) was passed to revise the rates of tax for the chargeable income for resident individuals, and to provide for a tax holiday for automobile manufacturers and assemblers.

VAT

In 2018, the Value Added Tax (Amendment) Act, 2018 (Act 970) revised the VAT rate on taxable supplies to 12.5 percent. The National Health Insurance (Amendment) Act, 2018 (Act 971) decoupled the National Health Insurance Levy of 2.5 percent from the VAT and as a result is no longer included in the VAT. Act 971 converted the NHI Levy into a straight levy which is not subject to the input and output method of accounting for VAT. Same was done for the Ghana Education Trust Fund portion of the VAT under the Ghana Education Trust Fund (Amendment) Act, 2018 (Act 972). The implication is an increase in the total tax liability payable by the consumer. However, by virtue of the Obuasi DA and Obuasi TCA, AGA Ghana will not be affected by these revised rates. Following the expiration of the Ghana Stability Agreement, AGA Iduapriem is subject to these revised rates.

Income taxes

In November 2015, Parliament passed the Income Tax Act, 2015 (Act 896) (ITA) which repealed the Internal Revenue Act, 2000, (Act 592), as amended. The ITA became effective from 1 January 2016 for the 2016 year of assessment. The ITA ring fences and taxes income derived from mining operations at the rate of 35 percent. For the purpose of ascertaining the income of a person for taxation, each separate mineral operation is treated as independent business and taxed accordingly. The Obuasi TCA for AGA Ghana provides for a stabilised income tax rate of 32.5 percent. Pursuant to the Ghana Stability Agreement, the ITA did not apply to AGA Iduapriem until April 2019. Following its expiration, AGA Iduapriem currently pays income tax at the rate of 35 percent.

The ITA provides for the carrying forward of losses for up to five years and those losses carried forward can only be used in the order in which they were generated or incurred. The ITA further prohibits the deferment of capital allowances calculated or granted for a particular year.


The ITA imposes a withholding tax on dividends paid by a person conducting mineral operations in Ghana at 8 percent. This is regardless of the amount of shareholding a shareholder or shareholders may have in the entity paying the dividend. However, a person holding or controlling directly or indirectly at least 25 percent of the voting power of the company paying the dividend may be allowed some tax exemptions. The ITA also introduces some variation in the rates of withholding taxes. For example, payments for the supply of services (Payments with a Source in Ghana to Persons Other Than Individuals) has been increased from 5 percent to 15 percent; the withholding tax on resident Directors’ remuneration has been increased from 10 percent to 20 percent; and withholding taxes on natural resource payments and royalties have been increased from 10 percent to 15 percent. This may have an indirect impact on AngloGold Ashanti’s operations as this rate will have a material impact on the margins of suppliers and possibly their working capital. Suppliers may therefore seek to pass this on to AngloGold Ashanti by increasing their fees and charges.

The ITA also abolishes the flat 15 percent rate of tax on capital gains. Capital gains are now included in business or investment income and taxed at the applicable income tax rate which, for persons engaged in mineral operations, is 35 percent.

Various amendments were made to the ITA over the years. For example, the Income Tax (Amendment) Act, 2017 (Act 941) provides for the exemption from tax of the gains from the realisation of securities listed on the Ghana Stock Exchange and the Tax Amnesty Act, 2017 (Act 955) granted amnesty to persons who failed to register with the Commissioner-General or file their tax returns or pay taxes as required by enactments administered by the Commissioner-General.

Ground rent (mineral concession rent)

The Fees and Charges (Amendment) Instrument, 2015 (L.I. 2208) was passed by Parliament on 23 December 2015 and fixed, among other things, the payment of ground rent by mining companies at GHS 15 cedis per acre per annum.

AGA Ghana is paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Ghana leases. The Obuasi DA protects AGA Ghana from any increase in ground rent for the duration of that development agreement. AGA Iduapriem is also paying $670 (GHS 3,705 cedis) per km2 per annum for all the AGA Iduapriem leases.

Customs Common External Tariff

Following the passage of the Customs (Amendment) Act, 2015 (Act 905) by the Ghana Revenue Authority, the ECOWAS Regional Common External Tariff (CET) came into effect on 1 February 2016 meaning that the Member States of the Economic Community of West African States (ECOWAS) will apply the same customs tariffs to third countries. The CET is one of the instruments utilised to harmonize regulation in ECOWAS Member States and strengthen its common market.

Royalties

Under the Minerals and Mining (Amendment) Act, 2015 (Act 900), the Minister will prescribe the royalty rate payable and the manner of payment by passing a Legislative Instrument or other subsidiary legislation. The current royalty rate amounts to 5 percent.

The company is required to pay ground rent to the Government of Ghana (as described above) as well as such other fees as are prescribed by legislation, including royalties on timber felled within the lease area.

Environmental laws relating to mining

In general, environmental laws and regulations in Ghana derive from the Constitution which imposes a duty on both the State and others to take appropriate measures to protect and safeguard the natural environment. Mining companies are required, under the GMM Act, Environmental Assessment Regulations, 1999 (L.I. 1652) and Water Use Regulations, 2001 (L.I. 1692), to obtain all necessary approvals from the Environmental Protection Agency (Ghana EPA), a regulatory body established under the Environmental Protection Agency Act, 1994 (Act 490), and, in appropriate cases, the Water Resources Commission and/or the Ghanaian Minerals Commission before undertaking mining operations. The Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182) also impose further obligations to obtain the necessary permits from the Inspectorate Division of the Ghana Minerals Commission for the operation of mines. The GMM Act also requires that mining operations in Ghana comply with all laws for the protection of the environment. Compliance with the relevant laws are enforced by a regime of sanctions including imposition of fines and in some cases a term of imprisonment.

As part of the Ghanaian environmental laws and regulations, mining operations are required to undergo an environmental impact assessment process that culminates in the issuance of an environmental permit prior to commencing operations. Environmental Management Plans are to be submitted to the Ghana EPA within 18 months after issuance of the environmental permit and then every three years thereafter. The plan must include details of the likely impacts of mining operations on the environment and local communities, as well as a comprehensive plan and timetable for actions to mitigate and remediate any adverse effects of the mining operations. Approval of the management plan results in the issuance of an environmental certificate.

In June 2014, the Ghana EPA and the Minerals Commission circulated draft Mining and Environmental Guidelines to all mining companies for comment. The guidelines concern environmental management, reclamation, closure requirements and the proposed

Mining Community Development Scheme and have not yet become effective. The Mining Community Development Scheme, which directly sponsors socio-economic development in communities in which mining operations take place or which are affected by mining activities, has since been established pursuant to the Minerals Development Fund Act, 2016 (Act 912).

Illegal and unsustainable mining practices

The Multilateral Mining Integrated Project (MMIP) is a 5-year project launched by the Government of Ghana in 2017 to address illegal and unsustainable mining practices in Ghana. The MMIP “combines a Legislation, Enforcement, Civil, Integrated and Technological Approach (LECITA) as a sustainable and structured yet regimented conjoint concept” to combat illegal mining. The MMIP involves (i) reviewing and enforcing the legal and regulatory regime of the small scale mining sector, (ii) reclaiming and rehabilitating degraded lands, (iii) dredging silted estuaries and waterways, (iv) implementing social interventions to facilitate livelihood creation in mining communities, (v) adapting technology to increase mining efficiency, processing, environmental protection and monitoring activities, and (vi) building the capacity of artisanal and small-scale miners and regulatory institutions.

In addition, other initiatives have been undertaken to combat illegal mining. For example, the Minerals and Mining (Amendment) Act, 2015 (Act 900) makes provision for the confiscation of the equipment of illegal miners and, as a result of recent illegal mining activities, the GMM Act was amended to increase penalties for illegal mining and expressly criminalize the aiding and abetting of illegal mining activities. The prescribed minimum sentence for illegal mining is now 15 years and maximum of 25 years for foreigners who engage in illegal mining.

Foreign exchange, export and other rules

Retention of foreign earnings

AngloGold Ashanti’s operations in Ghana are permitted to retain 80 percent of their foreign exchange earnings in an offshore foreign exchange account. In addition, the company has permission from the Bank of Ghana to retain and use US dollars, outside of Ghana, to fulfil payment obligations to the company’s hedge counterparties which cannot be met from the cash resources of its treasury company.

On 4 February 2014, the Bank of Ghana issued new directives as part of measures to streamline the collection and repatriation of export proceeds to Ghana. These directives included an instruction to all banks and authorised dealers to, within 5 working days of receipt of export proceeds, convert the proceeds into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 percentage in points (pips). Exporters with retention accounts were to continue to operate these accounts in accordance with their retention agreements. Retention proceeds which were sold to the banks were to be converted into Ghana cedis based on the average Interbank Foreign Exchange Rate prevailing on the day of conversion with a spread not exceeding 200 pips. It further advised that offshore foreign exchange transactions by resident companies, including exporters, were strictly prohibited and exporters were to ensure that all export proceeds are repatriated in full. Failure to comply with the provisions attracts penalties including pecuniary sanctions, jail terms, suspension and revocation of the operating licence as applicable.

Following engagement with relevant stakeholders, the Bank of Ghana issued another notice clarifying that the transfer of foreign exchange to meet external payment obligations remains permissible for transactions such as:
redemptions and coupon payments on bonds held by non-residents;
investment income, technology and management transfer entitlements, expatriate emoluments, and other incentive packages and overseas commitments under provisions in various legislation and legislative instruments such as the GMM Act, and the Technology Transfer Regulations, 1992 (L.I.1547); and
other outward payments for imports of goods and services.

The notice also stated that all balances in Foreign Currency Accounts (FCAs) and Foreign Exchange Accounts (FEAs) will continue to be held in foreign currency and will not be converted into Ghana cedis. External transfers of up to $10,000 per annum without documentation from FEA and FCA are still permitted. Balances held in FEAs and FCAs continue to remain available for all legitimate external transactions.

The Bank of Ghana on 9 August 2014 further revised the rules on foreign exchange operations, effectively reversing the initial directives controlling transactions in foreign exchange. The key details are as follows:
Exporters shall continue to repatriate in full export proceeds in accordance with the terms agreed between the trading parties. Such proceeds shall be credited to their FEAs and converted on a need basis;
FEAs and FCAs will continue to be opened and operated as they were before the notices of 4 February 2014;
Except for transfers from FEA to FCA which are still prohibited, all other transfers between accounts are permitted;
FCAs shall be fed only with unrequited transfers such as transfers from abroad for investment or embassy transfers;
FEAs shall be fed with foreign exchange generated from activities in Ghana such as proceeds from exports of goods and services; and
The threshold for transfers abroad without initial documentation remains at $50,000.00.


The Bank of Ghana reiterated that the Ghana cedi remains the sole legal tender in Ghana. Therefore, pricing, advertising, invoicing, receiving, and making payments for goods and services should be done in Ghana cedis, unless otherwise authorized by the Bank of Ghana.

Existing measures that were not amended by this notice continue to remain in force. AngloGold Ashanti maintains and operates its FCA, FEA and retention accounts in compliance with the directives.

Rules regarding the export of gold and diamonds

The Bank of Ghana introduced new measures to regulate and monitor the export of gold and diamonds from Ghana in 2015. From 15 September 2015, all exports of gold and diamonds must be carried out through the Precious Minerals Marketing Company Ltd (PMMC), except where the exporter is the holder of a licence that permits it to export directly. The Ghana Revenue Authority (Customs Division) only permits gold to be exported by a licensed gold exporter who has a completed Form FEX A4 bearing Bank of Ghana’s embossment. The export measures do not apply to AngloGold Ashanti because the company holds a licence granted by the LNR Minister to sell and export its production.

The Bank of Ghana issued a notice (Notice No. BG/GOV/SEC/2016/02) which, among other things, allows mining companies to sell the portion of foreign exchange receipts from export that was earmarked for surrender to the Bank of Ghana directly to the commercial banks.

In November 2016, the Ministry of Lands and Natural Resources issued a ministerial directive appointing the PMMC as designated laboratory for assaying in Ghana. The directive requests all persons holding export licenses for gold to submit all gold to be exported to the PMMC for assay before export. Mining businesses, including AngloGold Ashanti, acting through the Ghana Chamber of Mines were opposed to this directive due to its potential negative impact on mining companies in the region. As a result, the Chamber initiated proceedings to reverse or modify the directive. Following discussions in respect of the mining industry’s concerns, the Chamber and Government agreed on the modalities for implementing the national assaying policy and it was introduced in February 2018 following a one-month pilot among certain mining companies. A final document for the implementation of the program will be executed once the Chamber and the PMMC address a few outstanding issues regarding assaying methodologies.

Localisation policy

Mining companies must submit a detailed programme for the recruitment and training of Ghanaians with a view to achieving “localisation”, which is the replacement of expatriate personnel in a company’s Ghanaian operations by Ghanaian personnel. In addition, mining companies must give preference to Ghanaian products and personnel, to the maximum extent possible, consistent with safety, efficiency and economies. The Minerals and Mining (General) Regulations, 2012 (L.I. 2173) give further details on the localisation policy.

Except as otherwise provided in a specific mining lease, all immovable assets of the holder of the mining lease vest in the State upon termination, as does all moveable property that is fully depreciated for tax purposes. Moveable property that is not fully depreciated is to be offered to the State at the depreciated cost. The holder must exercise his rights subject to such limitations relating to surface rights as the Minister of Mines may prescribe.

In January 2020, the Minerals Commission circulated draft Minerals and Mining (Local Content and Local Participation) Regulations intended to expand the scope of local content requirements in the mining industry. The draft specifically seeks to expand the number of mining related businesses required to comply with local content requirements.

AngloGold Ashanti’s rights and permits

Obuasi

The current mining lease for the Obuasi area was granted by the Government of Ghana on 5 March 1994. It grants mining concessions to land with an area of approximately 338 km2 in the Amansie East and Adansi West districts of the Ashanti region for a term of 30 years from the date of the agreement. In addition, a mining lease over an adjacent 140 km2 was also granted, resulting in the total area under the mining lease increasing to 474 km2.

The Government of Ghana agreed to extend the term of the mining lease relating to the Obuasi mine until 2054. The mining lease was formally ratified by Parliament on 23 October 2008.

On 3 March 2016, the Minerals Commission approved AngloGold Ashanti Ghana’s application to surrender approximately 273.54 km2 of the area to the Government of Ghana, reducing the lease areas to 201.46 km2. The remaining parcel of land that will be subject to the mining lease is situated within various villages and townships in the region but excludes the municipality of Obuasi.

AGA Ghana is not required to pay annual mineral right fees as the AGA Ghana Leases were granted prior to the enactment of the GMM Act which imposes such fees. The GMM Act provides that leases granted under laws subsisting immediately before the coming

into force of the GMM Act shall continue to be governed by such pre-existing laws. As a result, the AGA Ghana Leases are still regulated by the Minerals and Mining Law, 1986 (PNDCL 153), as amended (notwithstanding the repeal of PNDCL 153 by the GMM Act).

Iduapriem

The Iduapriem mine had been granted four different mining leases: the Iduapriem Mining Lease (36.47 km2), the Ajopa Mining Lease (46.12 km2), the Teberebie Mining Lease (28.53 km2) and the Ajopa South West Mining Lease (28.10 km2). All four mining leases expired between 2018 and 2019. All relevant documents were submitted to apply for the renewal of the leases in September 2017. In January 2020, the Minerals Commission issued a Notice of Grant of Mining Lease for all four leases and the LNR Minister approved the grant of the mining leases. All four renewed leases will expire in February 2025.

AGA Iduapriem is required to pay an annual mineral right fee of $178,000 with respect to the Iduapriem Lease, $136,000 with respect to the Teberebie Lease, $134,000 with respect to the Ajopa South West Lease and $220,000 with respect to the Ajopa lease.

Guinea

General laws relating to mining

In Guinea, all mineral substances are the property of the State. Mining activities are regulated by law L/2011/006/CNT dated 9 September 2011 as amended by law L/2013/053/CNT dated 8 April 2013 and promulgated by decree D/2013/075/PRG/SGG dated 17 April 2013 (together, the Guinea Mining Code).

The Guinea Mining Code is accompanied and implemented by various implementation decrees. To date, various decrees have been adopted, including decree D/2014/015/PRG/SGG adopting a model of mining convention, dated 17 January 2014, order A/2016/1584/MMG/SGG related to the administration’s capacities for the management of integrated mining projects (PARCA-GPI) and its steering committee, dated 6 June 2016, decree D/2016/163/PRG/SGG on the national agency for the development of mining infrastructures (ANAIM), dated 13 June 2016, and decree D/2016/215/PRG/SRG on the appointment of executives to the Ministry of Mines and Geology, dated 8 July 2016. In 2017, the modalities regarding the use of the mining companies’ financial contribution to the development of the local communities and the rules applying to the Local Development Fund (Fodel) created under the Guinea Mining Code have been enacted through the adoption of decree D/2017/285/PRG/SGG setting the conditions for the constitution and management of the Fodel, dated 31 October 2017 and the joint order A/2017/6326/MMG/MATD/SGG setting out the conditions for the use, management and control of the Fodel, dated 22 November 2017. Also, a joint order AC/2017/3228/MATD/MMG/SGG updating the act on the establishment, attribution and functioning of the coordination committees in mining communities (CCLMS), dated 21 July 2017 has been issued by the Ministry of Territorial Administration and Decentralisation and the Ministry of Mines and Geology. The main purpose of the CCLMs, in which all concerned mining companies are represented, being to prevent and settle disputes that may arise in mining communities. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of the joint order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee.

AngloGold Ashanti’s rights and permits

The right to undertake mining operations in Guinea can only be acquired by virtue of one of the following mining titles: surveying permit, small-scale mining licence, exploration licence, mining licence or mining concession.

The group’s Guinea subsidiary, Société AngloGold Ashanti de Guinée SA (SAG), has title to the Siguiri mine in the form of a mining concession, granted by virtue of Presidential decree D/97/171/PRG/SGG dated 4 August 1997, for a period of 25 years (Mining Concession). The Mining Concession was originally covered by a mining convention entered into with the Republic of Guinea on 11 November 1993 (Convention de Base) and amended in 2005. The Convention de Base provided for an initial duration of 25 years and would have expired in 2018.

The Guinea Mining Code, which came into force after the conclusion of the Convention de Base, confirms the validity of mining titles previously issued. The Guinea Mining Code also provides that for holders of validly signed and ratified mining conventions, the application of the Guinea Mining Code will take place by way of amendments to the relevant mining convention (in the case of SAG, the Convention de Base), which amendments are to be negotiated between the mining concession holder and the State.

On 28 June 2016, SAG and the Government of Guinea concluded a revised and consolidated convention de base (Revised Convention de Base) which encompasses a renewal of the term of the original Convention de Base and other amendments necessary to support an expansion project proposed to extend the life of the Siguiri mine (the Expansion).

In compliance with the provisions of the Guinea Mining Code, the Revised Convention de Base was ratified by the Guinean National Assembly (law L/2016/N°067/AN dated 30 December 2016, promulgated by decree D/2017/015/PRG/SGG dated 24 January 2017),

submitted to the Guinean Supreme Court which rendered a favourable opinion (judgment N°AC 005 dated 16 January 2017), and ratified by the President of the Republic of Guinea (decree D/2017/021/PRG/SGG dated 24 January 2017).

As a consequence, as and from 24 January 2017, the Revised Convention de Base has cancelled and replaced the original Convention de Base and governs the operations at the Siguiri mine and under the Mining Concession.

Key elements of the Revised Convention de Base include the following:
a duration of 25 years, expiring 23 January 2042, subject to further renewal if mining operations continue at that time; and with the term of the Mining Concession being aligned with the term of the Revised Convention de Base such that the Mining Concession will be renewed as long as the Revised Convention de Base remains in force;
SAG’s operations remain governed by the 1995 Guinea Mining Code (the prior mining code) and are only subject to the provisions of the Guinea Mining Code to the extent they are expressly set out in the Revised Convention de Base;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Convention de Base, and subject to certain conditions being met, any renewal period(s);
the Republic of Guinea holds a 15 percent free-carried/non-contributory interest;
the Republic of Guinea is entitled to a royalty on gold of 5 percent based on a spot gold price as per LBMA fixing (PM) up until the date of steady state commercial production of the first phase of the Expansion, after which the royalty rate applicable to gold will vary depending on threshold prices as per LBMA fixing (PM), namely: 3 percent if the gold price is USD 1,300 or less, 5 percent, if above USD 1,300 and up to USD 2,000 and 7 percent if above USD 2,000;
SAG will enjoy a 5-year income tax holiday as and from the beginning of steady state commercial production of the first phase of the Expansion, after which the income tax rate is set at 30 percent;
a local development tax of 0.4 percent is payable on the sale price for gold and silver received by SAG up until 31 December 2027, after which it will be increased to 0.6 percent;
salaries of expatriate employees are subject to a 10 percent income tax;
goods imported into Guinea for purposes related to the construction and commissioning of the first phase of the Expansion are exempt from all customs taxes and duties; and
SAG is committed to adopting and progressively implementing a plan for the effective rehabilitation of the mining areas disturbed or affected by its operations.

The Mining Concession covers an area divided into four blocks and totalling approximately 1,495 km2. SAG has the exclusive right to explore and mine in any part of the concession area for the duration of the Revised Convention de Base. The Revised Convention de Base also grants SAG with the option to secure certain land rights over additional areas currently covered by exploration permits, but to which SAG may need access for purposes of establishing roads or storage of tailings.

The Revised Convention de Base is subject to early termination if the parties formally and expressly agree to it, if the last of the mining title held by SAG expires or is relinquished without any renewal application having been filed, if all project activities are voluntarily suspended for a continuous period of 12 months or are permanently abandoned by SAG, or if SAG goes into voluntary liquidation or is placed into liquidation by a court of competent jurisdiction.

Mali

General laws relating to mining

Mining Reform

The mining industry in Mali is currently undergoing a reform as the mining code enacted on 27 February 2012 (2012 Mali Mining Code), which, until recently, was the primary regulation in the mining sector, was replaced by ordinance No.2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (2019 Mali Mining Code). The revision process of Malian mining legislation is not yet completed as the 2019 Mali Mining Code is to be supplemented by one or several decree(s) containing the conditions of implementation of the 2019 Mali Mining Code. While the 2019 Mali Mining Code has entered into force, it appears that the Malian authorities are awaiting the finalization of the various implementing decree(s) to actually enforce the 2019 Mali Mining Code.

Pending the effective enforcement of the 2019 Mali Mining Code by the Malian authorities, the mining operations carried out by AngloGold Ashanti entities in Mali (as further described below), benefit from the stabilisation clauses in their mining conventions, and thus remain subject to the provisions of the previous mining codes of 1970 and 1991 and are also, for residual matters, expressly subject to the provisions of the 2012 Mali Mining Code. The transitory rules of the 2012 Mali Mining Code specify that provisions in respect of certain matters such as administrative surveillance, mine police, rehabilitation and mine closure apply to mining titles issued prior to its entry into in force.

Once the 2019 Mali Mining Code is enforced by the Malian authorities, AngloGold Ashanti entities in Mali will be subject to all the provisions of the 2019 Mali Mining Code except with respect to the validity, scope and duration of their exploitation permits and the provisions on tax and customs regime contained in their mining conventions for their remaining duration. In this regard, the transitory

rules of the 2019 Mali Mining Code specify that mining conventions in force remain valid for their remaining term and their holders continue to benefit from the stability of the tax and customs regime set out therein.

Mining regime

The mining regime deriving from the 2019 Mali Mining Code remains incomplete to date, pending the adoption of the implementing decree(s).

Exploration and prospecting activities are carried out under exploration authorizations (autorisation d’exploration) or exploration permits (permis de recherche). Exploration authorizations and exploration permits give their holder the exclusive right to carry out exploration activities over a given area. Exploration authorizations are granted for a non-renewable period of three years, while exploration permits are renewable twice for additional 3-year periods.

Applications for exploration authorizations and exploration permits must contain various documents attesting to the financial and technical capacity of the applicant as well as a detailed works and costs programme. Exploration authorizations are granted by the Mining Administration (Administration chargée des Mines) while exploration permits are granted by Ministerial Order.

A large scale permit exploitation permit (permis d’exploitation de grande mine) is required to mine a deposit located within the area of an exploration permit. The large scale exploitation permit grants an exclusive right to exploit the named substances and proceed with the processing and commercialization of the substances extracted within its perimeter. Large scale exploitation permits are granted for a maximum period of 12 years renewable for 10 year-periods until depletion of the deposits. The large scale exploitation permit is granted only to the holder of an exploration permit and covers only the area governed by the exploration permit. An application must be submitted to the Mining Administration (Administration chargée des Mines).

As soon as the large scale exploitation permit is granted, the permit holder must incorporate a company under the laws of Mali. The permit holder will assign the large scale exploitation permit for free to this company. The State will have a 10 percent free-carried interest in the company. This interest will be converted into priority shares and the State’s participation will not be diluted in case of an increase in capital. In addition, the company is required to ensure that private Malian investors are offered the possibility to acquire 5 percent of their capital.

Applications for large scale exploitation permits must contain various documents attesting to the financial and technical capacity of the applicant, a feasibility study, a detailed environmental study in respect of the impact of the project on the environment, an environmental permit, a closure and rehabilitation plan as well as a community development plan. The large scale exploitation permit is granted by decree of the Head of Government.

All mining titles mentioned above require an establishment convention (convention d’établissement) to be signed by the State and the titleholder defining their rights and obligations, the duration of which is 20 years.

AngloGold Ashanti’s rights and permits

Historically, AngloGold Ashanti had interests in Morila, Sadiola and Yatela, all of which are governed by establishment conventions covering exploration, mining, treatment and marketing in a comprehensive document. These documents include general provisions regarding exploration (work programme, fiscal and customs framework) and exploitation (formation of a local limited liability mining company, State interest, fiscal and customs framework governing construction and exploitation phases, exchange controls, marketing of the product, accounting regime, training programmes for local labour, protection of the environment, reclamation, safety, hygiene and dispute settlement). AngloGold Ashanti complied with all applicable requirements and the relevant permits were issued (subject to the developments regarding the permit for Yatela, as described below).

Morila’s exploitation permit covers approximately 200 km2 and was issued on 4 August 1999. Morila has a 30-year permit which expires in 2029. Mining of ore has ceased at Morila.

On 23 December 2019, AngloGold Ashanti announced that it, together with its joint venture partner IAMGOLD Corporation, has agreed to sell their interests in Société d’Exploitation des Mines d’Or de Sadiola S.A. to Allied Gold Corp. This sale transaction is subject to the fulfilment, or waiver, of a number of conditions precedent which are expected to be fulfilled or waived by the end of April 2020. Sadiola’s prospecting and exploitation agreement covers approximately 303 km2 and was originally entered into on 5 April 1990. Sadiola has a 30-year permit which expires in 2024.

On 14 February 2019, AngloGold Ashanti sold, together with its joint venture partner IAMGOLD Corporation, their holdings in Société d’Exploitation des Mines d’Or de Yatela to the Government of Mali. Certain conditions precedent currently remain outstanding. Prior to the sale, Yatela had begun the implementation of a closure plan in order to relinquish the property. In parallel, discussions had been ongoing for the Government of Mali to take over the residual operations as well as the implementation of the closure plan. In the course of these discussions, an administrative error occurred, leading to the cancellation of Yatela’s permit through decree 2017/0613/PM-RM dated 28 July 2017, notified to Yatela on 5 October 2017. This error has since then been corrected through the issuance of decree 2017-00951/PM-RM dated 28 November 2017 and decree n°2018-0368/PR-RM dated 12 April 2018, the purpose

of which was to reinstate Yatela in all of its rights under its exploitation permit. Yatela’s exploitation permit covers approximately 212 km2. Yatela has a 30-year permit which expires in 2030.

Tanzania

General laws relating to mining

Tanzania Mining Act and Tanzania Mining Regulations

Mineral rights in the United Republic of Tanzania are principally governed by the Mining Act, 2010 (No. 14) (Tanzania Mining Act) as amended in 2017 by the Written Laws (Miscellaneous Amendments) Act, 2017 (No. 7) and which was revised and published by the Attorney General of Tanzania on 30 October 2018 as the Mining Act, Chapter 123 (R.E. 2018), and the Mining Regulations, 2010 (Tanzania Mining Regulations), as amended in 2018, which include: Mining (Mineral Beneficiation) Regulations, 2018 as amended in 2019; Mining (Minerals and Mineral Concentrates Trading) Regulations, 2018 as amended in 2019; Mining (Radioactive Minerals) Regulations, 2018; Mining (Local Content) Regulations, 2018 as amended in 2019; Mining (Geological Survey) Regulations, 2018; and the Mining (Audit and Inspection of Records) Regulations, 2018. Other regulations are: Mining (Environmental Protection For Small Scale Mining) Regulations, 2010; Mining (Safety, Occupational Health and Environmental Protection) Regulations, 2010; Mining (Mineral and Gem Houses) Regulations, 2019; Mining (Mining Shareholding and Public Offering) Regulations, 2016 as amended in 2017; Mining (Diamond Trading) Regulation, 2019; Natural Wealth and Resources (Permanent Sovereignty) Code of Conduct for Investors in Natural Resources Regulations, 2020 (Permanent Sovereignty Regulations); and The Natural Wealth Contracts (Review and Re-Negotiation of Unconscionable Terms) Regulations, 2020. The application of the Code of Conduct under the Permanent Sovereignty Regulations extends to employees, agents, suppliers and consultants and requires them to comply with other binding instruments and decisions made based on such instruments, in addition to policies, laws and regulations. The Permanent Sovereignty Regulations make it mandatory to seek the advice of an office bearer or the office of Attorney General, if the requirements of the Code, provisions of the Mining Act or other instruments relating to natural wealth and resources become ambiguous, unclear or in conflict resulting into uncertainty. Further, the Code of Conduct requires investors to conduct periodic reviews in respect of their compliance with such legislation in order to ensure that the investment does not result into unconscionable behaviours prohibited by the laws of Tanzania.

The Tanzania Mining Act and the Tanzania Mining Regulations came into force in November 2010 followed by amendments to the Tanzania Mining Act in 2017 and subsequent amendments to the Tanzania Mining Regulations in 2018 and 2019.

Amendments of the Tanzania Mining Act and the Tanzania Mining Regulations

As mentioned above, the Tanzania Mining Act was amended in 2017 followed by an amendment of the Tanzania Mining Regulations in 2018, together with an Executive Order introducing the following:
Dissolution of the Tanzania Minerals Audit Agency whose functions and powers have now been transferred to the Geological Survey of Tanzania (GST);
Dissolution of the Mining Advisory Board and introduction of the Tanzania Mining Commission. The functions and powers of the Mining Advisory Board have been taken over by the Mining Commission, including the functions of the Commissioner for Minerals. However, the Mining Commission has been made responsible for matters related to auditing and monitoring of mineral production in Tanzania. The Mining Commission has powers to audit quality and quantity of mineral produced and exported by mining entities, financial records of mining entities for the purposes of tax assessments, and environmental management expenditures of the mining entities for the purpose of assessment of compliance to the mine closure plan. Mineral rights holders were required to submit all geological information in their possession to the GST;
A local content requirement for procurement of goods and services: the Tanzania Mining Act requires that mining companies must give: (i) first consideration to good and services provided or manufactured in Tanzania where they meet mining industry specifications (established by the Standards Authority / internationally acceptable standards), (ii) first consideration for employment to qualified Tanzanians, and (iii) adequate provision for on-the-job training of Tanzanians. Specific minimum local content thresholds are specified in Schedule 1 to the Tanzania Mining Regulations. These will be determined by the Mining Commission alongside the work programme. The relevant Minister may prescribe additional minimum local content thresholds;
To qualify for holding a Mining Licence in Tanzania, 5 percent of a licensee’s equity must be held by Tanzanians, with 80 percent of its managerial positions held by Tanzanians and 100 percent of other positions held by Tanzanians, in addition to the shareholding of the Government of Tanzania pursuant to Section 10 of the Tanzania Mining Act (i.e. free-carried interest). This amount is determined, and may be varied, by the relevant Minister;
Establishment of the Local Content Committee (LC Committee) which will oversee the implementation of the Tanzania Mining Regulations and which is composed of a member of the Mining Commission, the Director of Labour and Employment, a member of the Tanzania Private Sector Foundation, the CEO of the Geological Survey of Tanzania, the head of legal services at the Ministry for Minerals and the Executive Secretary of the Mining Commission. The LC Committee sets minimum standards for local content plans and reports to the Mining Commission;
Introduction of a statutory procedure for the conduct of Corporate Social Responsibility (CSR), whereby a company is required to prepare annually a credible CSR plan jointly agreed with the local government authorities in consultation with the Minister for Finance and the Minister for Local Government Authorities; and
Cancellation of retention licences; right over such licences revert to the Government of Tanzania.


Minimum shareholding and public offering

The Mining (Minimum Shareholding and Public Offering) Regulations, 2016 came into force by Government Notice No. 286 published on 7 October 2016 and revised by amendment on 24 February 2017. On 10 January 2018, the Government of Tanzania published its new Tanzania Mining Regulations, 2018, which contain, amongst others, the implementation provisions of the amended Tanzania Mining Act.

The regulations set out the requirement to sell shares to Tanzanian nationals, by way of a public offering and listing on the Dar es Salaam Stock Exchange, which will apply to companies that are carrying out large scale mining operations. The regulations also require all existing holders of a special mining licence to list a minimum of 30 percent of their shares on either the Main Investment Market or the Enterprise Growth Market Segment of the Dar es Salaam Stock Exchange within 6 months of the regulations coming into force, which was on 24 February 2017. However, we believe the listing requirement conflicts with the mining development agreement.

Arbitration

Along with other major mining companies, AngloGold Ashanti’s subsidiaries are seeking a constructive dialogue with the Government of Tanzania to gain assurances that the Geita gold mine will not be affected by the legal and fiscal changes mentioned above, given their mining development agreements which guarantee fiscal and regulatory stability as well as an agreement between all parties before material legal and regulatory changes are made. As a precautionary step to safeguard its interests, AngloGold Ashanti commenced international arbitration proceedings against the Government of Tanzania in connection with the enactment of this legislation in July 2017. These arbitral proceedings are currently stayed until 13 May 2020 in order to afford the parties the opportunity to achieve an amicable resolution of the dispute.

The arbitration action against the Government of Tanzania seeks declaratory relief in accordance with the terms of the mining development agreement to preserve the company’ and its shareholders’ rights and interests in the Geita gold mine, including confirmation from the Government of Tanzania that the company is exempt from the listing requirement. The arbitration proceedings also seek to confirm that AngloGold Ashanti does not, as a result of its existing mining development agreement, fall within the scope of the new mining legislation, under which the Government of Tanzania has the right to (i) renegotiate existing mining agreements at its discretion, (ii) receive a free-carried interest of no less than 16 percent in all mining projects, and (iii) acquire up to 50 percent of the shares of the mining company commensurate with the total tax expenditure incurred by the Government in favour of the mining company, and which includes an increase in the rate of revenue royalties from 4 to 6 percentand a 1 percent clearance fee. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirement, will not apply to its operations in Tanzania and the outcome of the arbitration action may have a material adverse impact on the company’s results of operations and financial condition. See also “Item 8A: Legal Proceedings-Tanzania”.

Mineral right licences

Ownership of and control over minerals on, in or under the land vest in the President of the United Republic of Tanzania. No person is allowed to prospect for minerals or carry on mining operations except pursuant to the authority of a mineral right licence granted, or deemed to have been granted, under the Tanzania Mining Act or its predecessor acts. To enable a company to prospect or mine, the Tanzania Ministry of Minerals (MEM) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MEM may then grant a form of licence for mining. Licensing decisions take into account the abilities of the company (including its mining, financial and technical capabilities), projected rehabilitation programmes, environmental compliance and the payment of royalties.

The following licences can be applied for under the Tanzania Mining Act:

Licences for Exploration:
prospecting licence; and
gemstone prospecting licence.

Licences for Mining:
special mining licence (if the proposed capital investment is equal to at least USD 100 million);
mining licence (if the proposed capital investment is equal to between USD 100,000 and USD 100 million); and
primary mining licence (reserved for Tanzanian citizens).

Licences for Ancillary Activities:
processing licence;
smelting licence; and
refining licence.



For purposes of AngloGold Ashanti’s Geita gold mine, only prospecting and special mining licences are relevant.

A prospecting licence grants the holder the exclusive right to prospect in the area covered by the licence for all minerals within the class of minerals applied for. The classes that can be applied for include, amongst others, metallic minerals; energy minerals; gemstones other than kimberlitic diamonds; and kimberlitic diamonds.

An application for a prospecting licence is made to the Mining Commission and the licence is valid for an initial term of four years. After the initial term, the licence is renewable for a further period of three years, with no option for renewal thereafter. Upon renewal, 50 percent of the area covered by the licence must be relinquished. A company applying for a prospecting licence must, amongst other things, state the financial and technical resources available to it.

Holders of prospecting licences over a tenement will not automatically have first right to any mining licence granted over that tenement. However, in practice, they will be best positioned to meet the requirements to be granted a form of licence for mining.

Holder of prospecting licences have the obligations to: (i) commence prospecting operations within three months or such further period as the Mining Commission may allow from the date of the grant of the licence or the date as stated in the licence as commencement date; (ii) give notice to the Mining Commission on discovery of any mineral deposit of potential commercial value; and (iii) adhere to the prospecting programme which is attached to the licence and expend on prospecting operations not less than the amount prescribed.

A prospecting licence is not freely transferable and requires the Mining Commission to be notified of any transfer of a prospecting licence. The Mining Commission will refuse to register the transfer unless the transferee proves that it meets the financial and technical capability criteria required to apply for such licences.

Mining Licence / Special Mining Licence

Mining is mainly carried out through either a mining licence or a special mining licence, both of which confer on the holder the exclusive right to conduct mining operations in or on the area covered by the licence. A special mining licence is granted for the shorter of either the estimated life of the ore body indicated in the feasibility study report or such period as the applicant may request. It is renewable for a further period not exceeding the estimated life of the remaining ore body.

The holder of a special mining licence may apply for renewal of its licence at any time but no later than one year before the expiry of the licence. The renewal shall not be for a period exceeding the estimate life of the remaining ore body. The Mining Commission may reject an application for renewal if: (i) the applicant is in default; (ii) the applicant was issued with a notice of default and failed to rectify the default or the default is capable of remedial; (iii) the development of the area has not proceeded with reasonable diligence as agreed in the relevant mining development agreement; (iv) minerals are not produced in workable quantities; (v) the program of intended mining operations for the renewal will not ensure proper development of resources; and (vi) the applicant does not have the relevant environmental certificate as required by the Environmental Management Act, 2004 (No. 20).

Except in the case of a special mining licence, a mineral right may be freely transferred by its holder (in whole or in part) to another person or entity without requiring consent from the Mining Commission which is the relevant licensing authority. The grant and assignment of a special mining licence generally requires the approval of the Cabinet after the Mining Commission has forwarded the application to the Minister of Minerals for further approval. There are limited exceptions to the requirement for the licensing authority’s consent (such as transfers to an affiliate company of the licence holder or to a financial institution or bank as security for any loan or guarantee in respect of mining operations).

Special mining licences have certain fiscal and other advantages over mining licences, as the holder of a special mining licence may enter into a mining development agreement with the Government of Tanzania to guarantee the fiscal stability of a long-term mining project and make special provision for the payment of royalties, taxes, fees and other fiscal imposts and a special mining licence holder may, in certain circumstances, unilaterally amend the programme of the mining operations agreed with the MEM.

Tax laws relating to mining

Finance Act

The Finance Act, 2015 (No. 16) which was assented to on 28 June 2015 and came into force on 1 July 2015 contains a provision for a 30 percent capital gains tax on the sale of shares by an offshore parent company. This provision was introduced by the Finance Act, 2012 (No. 8) and in this legislation, additional changes were also made to the procedure for payment of capital gains tax by the seller of shares. Tax at the rate of 30 percent is payable by way of an initial instalment of 20 percent on the transfer, based on the notional gain that the seller would make after a further instalment of the remaining 10 percent is due.

The Finance Act, 2017 (No. 4) came into force on 1 July 2017 and imposes and alters certain taxes, duties, levies and fees. It further amends certain written laws relating to the collection and management of public revenue. Among other provisions, it has introduced inspection or clearance fees on the exportation or domestic use of minerals. Such exportation or domestic use is restricted unless

such minerals have been inspected or cleared at the mining areas, ports, airports, border or posts and the clearing fee of 1 percent of the gross value of the minerals has been paid by the exporter or any other person in possession thereof.

Value Added Tax Act

The Value Added Tax Act, 2014 (No. 5) (VAT Act), which came into force on 1 July 2015, restricts VAT relief on purchases made by mining companies. The VAT Act is specific in that it provides that no purchase by companies is exempt or zero rated, unless specified by the law. Previously mining companies were entitled to 100 percent VAT relief.

Local Government Levies

As mentioned below, following the signature of an addendum to the mining development agreement, Geita gold mine is required to pay local government a service levy of 0.3 percent of its gross annual turnover in line with the Local Government Finances Act, 1982 (No. 9).

Environmental Management Fees and Charges

The Environmental Management (Fees and Charges) (Amendment) Regulations, 2016 (EM Regulations), which came into effect on 2 May 2016, introduced new fees in relation to the review of the Environmental Impact Assessment on projects by the National Environmental Management Council (NEMC). According to the EM Regulations, the fees involved are “0.1 percent of the total project costs”. However, the EM Regulations have not defined the term “project cost” nor have they provided a detailed breakdown on the determination of the project cost.

Labour laws

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, 2015 (No. 1) (Non-Citizens Act) came into force. The Non-Citizens Act vests powers concerning work permits with the Labour Commissioner. Therefore, non-citizens wishing to be employed in the country are required to apply and be granted a work permit before applying for a residence permit. Before granting the work permit, the Labour Commissioner must satisfy himself that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan which sets out a well-articulated plan for the transfer of the non-citizen’s knowledge and expertise to Tanzanian citizens. Moreover, the Commissioner General of Immigration is required to take into consideration conditions of the work permit issued by the Labour Commissioner when granting a residence permit. Previously, the issuance of a residence permit was inclusive of a work permit. The resident permit covered working and living in Tanzania.

Further, the Non-Citizens Act introduced the Short-Term Permit (STP). The STP is granted to non-citizens who wish to work in the country for a period of not more than six months. Foreigners intending to work in Tanzania for more than three months are required to apply for an STP. The application for an STP is made to the Ministry of Labour and Employment.

Section 46(6) of the Social Security Laws (Amendments) Act, 2012 (No. 5) amended the National Social Security Fund Act, 1997 (No. 28) by providing that “an employer of a non-citizen shall remit contribution for such employee in accordance with the Act”. This means that from 15 June 2012 non-citizens are also required to be insured as any other person and their contributions should be channelled to the Nationals Social Security Fund.

The Workers’ Compensation Act, 2008 (No. 20) requires a company as the employer to contribute 1 percent of the employee’s salary and fixed allowance to the Workers Compensation Fund. Following the adoption of the Workers’ Compensation Regulations 2016, all employers were required to implement the requirements of the Workers’ Compensation Act by 30 June 2016.

Transparency and accountability laws

In 2015, the Tanzania Extractive Industries (Transparency and Accountability) Act, 2015 (No. 23) (TAA) came into force. The TAA establishes the Tanzania Extractive Industries (Transparency and Accountability) Committee (TAA Committee), an independent Government entity which is an oversight body for promoting and enhancing transparency and accountability in the extractive industry.

The TAA Committee has powers under the TAA to impose obligations on specified extractive industries and statutory recipients to receive information on reconciliation on payments made and revenues received by the Government of Tanzania. In addition, an extractive industry is required under the TAA to submit to the TAA Committee annual reports containing information on local content and corporate social responsibility. Further, the TAA demands all concessions, contracts and licences to be made public as well as all revenue collected from the extractive industry.

Natural resources legislation

The Government of Tanzania enacted two laws in respect of natural resources that came into force in July 2017: the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017 (No. 6) (Unconscionable Terms Act)

and the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (No. 5) (Permanent Sovereignty Act and together with the Unconscionable Terms Act, the Natural Resources laws).

The Natural Resources laws provide that Tanzania has sovereignty over its natural resources and require that all arrangements or agreements that relate to “natural wealth and resources” are subject to review by the National Assembly. Such agreements must fully secure the interests of the people of Tanzania. During a review all unconscionable terms as interpreted in accordance with the law are expunged from the agreement. The laws also require that new natural resources agreements are reviewed by the Government. The natural wealth and resources of Tanzania shall be inalienable and remain as the property of the people of Tanzania held in trust by the President.

In addition, under the laws, disputes over natural wealth and resources will not be subject to any proceedings in any foreign court or tribunal. As a result, investors are restricted from accessing international dispute resolution mechanisms. Accordingly, companies are now required to adopt Tanzanian law and local dispute resolution in all mining agreements. As such, all disputes will be handles by Tanzanian judicial bodies or any other Tanzania government body vested with powers to resolve disputes.

Moreover, every undertaking must demonstrate “guaranteed returns into the economy” from all earnings accrued or derived from such extraction, exploitation or acquisition and use. In addition, to ensure that the Government and the people of Tanzania obtain an equitable stake in the exploitation of mining resources, all project earnings must be retained in Tanzanian banks. Investors are also prevented from freely exporting raw minerals and repatriating funds.

In particular, under the Unconscionable Terms Act, a term is considered “unconscionable”, if the requirements or provisions of the agreement:
Aim at restricting the right of the state to exercise full permanent sovereignty over its wealth, natural resources and economic activity;
Are restricting the right of the state to exercise authority over foreign investment within the country and in accordance with the laws of Tanzania;
Are inequitable and onerous to the state;
Restrict periodic review of life-time arrangements or agreements;
Secure preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor;
Are restricting the right of the state to regulate activities of transnational corporations within the country and to take measures to ensure that such activities comply with the laws of the land;
Are depriving the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country;
Are by nature empowering transnational corporations to intervene in the internal affairs of Tanzania;
Are subjecting the state to the jurisdiction of foreign laws and foreign courts or tribunals;
Expressly or implicitly undermine the effectiveness of state measures to protect the environment or the use of environmental friendly technology; or
Aim at doing any other act the effect of which undermines or is injurious to the welfare of the people of Tanzania or the economic prosperity of the nation.

Section 6 of the Unconscionable Terms Act specifically provides that where there is an unconscionable term, the National Assembly may pass a resolution for re-negotiation of the agreement whereupon the Government shall serve notice to the investor to re-negotiate the term or agreement. The Government and the particular investor have 90 days from the notice date to re-negotiate the term or agreement. This period can be extended if both parties consent. If both parties fail to revise the unconscionable term, the term will be deemed removed from the agreement.

AngloGold Ashanti’s rights and permits

The Geita gold mine is located in the Lake Victoria goldfields of the Mwanza region of Tanzania. AngloGold Ashanti has concluded a mining development agreement with the Ministry of Minerals on 24 June 1999 and was issued a special mining licence covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024.

On 9 October 2014, an addendum to the mining development agreement was entered into ratifying the following changes:
An increase in the royalty rate from 3 percent to 4 percent with effect from 1 May 2012;
With effect from the financial year 2015, the capital allowance applicable to the unredeemed qualifying capital expenditure (15 percent per annum) referred to in section 18(a) of the Income Tax Act, 1973 (No. 33) shall no longer apply; and
With effect from 1 July 2014, Geita Gold Mining Limited is liable to pay the Geita District Council Levy at a rate of 0.3 percent on turnover (no longer capped at USD 200,000 per annum as provided under Article 4 of the company’s mining development agreement).

In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining license from open pit to underground method, subject to the requisite terms and conditions.

AUSTRALIA

General laws relating to mining

In Australia, with a few exceptions, all onshore minerals are owned by the Crown. The respective Minister for each state and territory is responsible for administering the relevant mining legislation enacted by the states and territories.

Native title legislation applies to certain mining tenements within Australia. Australia recognises and protects a form of native title that reflects the entitlement of Aboriginal people to their traditional lands in accordance with their traditional custom and laws. Should native title claims or determinations exist, certain native title processes and procedures will apply under the Native Title Act 1993 (Cth) (Native Title Act) before the tenure is granted. Tenure may be granted subject to conditions relating to native title rights. In the mining context, native title matters are managed as part of the tenement grant process. If disputes arise in relation to the grant of a particular tenement, they can be referred to the National Native Title Tribunal, established under the Native Title Act, for resolution. Native title legislation also provides a framework for compensation to be paid for acts that affect native title rights and interests. Ordinarily, the relevant Commonwealth or State government is liable to pay compensation for acts attributable to it. However, under the Mining Act 1978 (WA) liability for compensation associated with native title can be passed back to the holder of a mining tenement at the time of a determination of native title compensation.

State and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the native title legislation. They exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. Where an area of heritage significance is placed on the national or world heritage registers, federal approval processes may also apply. To date, there has not been any significant impact on any of AngloGold Ashanti’s tenure due to native title or heritage legislation.

AngloGold Ashanti’s operating properties are located in the state of Western Australia where tenure is issued under, and mining operations are governed by, the Mining Act 1978 (WA). The most common forms of tenure in Western Australia are exploration and prospecting licences, mining leases, miscellaneous licences and general purpose leases. In most Australian states, if the holder of an exploration licence establishes indications of an economic mineral deposit in the area covered by the exploration licence and complies with the conditions of the grant, the holder of the exploration licence has a priority right against all others to be granted a mining lease which gives the holder exclusive mining rights with respect to minerals on the property. In Western Australia, a general purpose lease may also be granted for one or more of a number of permitted purposes. These purposes include erecting, placing and operating machinery and plants in connection with mining operations, depositing or treating minerals or tailings and using the land for any other specified purpose directly connected with mining operations.

It is possible for an individual or entity to own an area of land for infrastructure purposes and for another individual or entity to be granted the right to explore for or mine any minerals located on or under the surface of the same area. The maximum initial term of a mining lease in Western Australia is 21 years and the holder has the right to renew the lease for an additional 21 years. Subsequent renewals are granted at the discretion of the respective state or territory’s minister responsible for mining rights. In Western Australia, mining leases can only be assigned with the prior written consent of the minister.

Tax laws relating to mining

Government royalties are payable by the holder of mining tenure in respect of minerals obtained from the relevant area of land at the rates specified in the relevant legislation in each state or territory. The royalty on gold production in Western Australia is payable quarterly at a fixed rate of 2.5 percent of the royalty value of gold metal produced. The royalty value is calculated by multiplying the amount of gold produced during a given month by the average gold spot price for that month. In addition, the holder of a mining tenement is required to pay annual rent in respect of the tenement. In Western Australia there is a minimum annual expenditure requirement for prospecting and exploration licences and mining leases. Exemptions from the expenditure requirement can be obtained if certain conditions are satisfied.

Environmental laws relating to mining

Mining tenements will be granted with endorsements and conditions relating to protection of the environment. Exploration and mining operations may also require separate approval from the state, territory or federal environment minister, which may require completion of an environmental impact assessment pursuant to applicable protection legislation prior to commencement. Further, an operating licence under the relevant environmental protection legislation in the state or territory may also be required for certain mine processing or mining-related operations. Depending on the jurisdiction, a further separate approval may be required for the removal of native vegetation within the tenement.

AngloGold Ashanti’s rights and permits

AngloGold Ashanti has been granted 21-year term mining leases with rights of renewal to all of its mining areas in Australia, including its proportionate share of joint venture operations and accordingly it has, together with its joint venture partners where applicable, the exclusive right to mine in those areas. Both the group and its joint venture partners are fully authorised to conduct operations

in accordance with relevant laws and regulations. The mining leases and rights of renewal cover the current life-of-mine at AngloGold Ashanti’s operations in Australia.

At Sunrise Dam the deposit is now situated upon two mining leases covering approximately 7,808 hectares and another mining lease of 1,768 hectares contains related infrastructure. Both leases are currently in good standing, with expiry dates in 2038.

At Tropicana, the deposit is situated upon a single mining lease covering approximately 27,228 hectares, which is currently in good standing, with an expiry date in 2036.

AngloGold Ashanti is also conducting early stage exploration activities in Queensland under the Mineral Resources Act 1989 (QLD). AngloGold Ashanti holds 18 exploration permits covering 497,087 hectares. Each permit is granted with an initial term of five years, renewable for further periods of not more than five years. There is an entitlement to convert exploration permits to mining titles in the form of mining claims, mining leases or mineral development licences.


AMERICAS

Argentina

General laws relating to mining and land ownership

Mining regime

The Argentinean Mining Code governs mining activity in the country. Special regimes exist for hydrocarbons and nuclear minerals. In the case of most minerals, the Argentinean Mining Code establishes that the owner of the land is not the owner of the mineral rights; these are held by the national or provincial governments (depending on the location of the minerals). The national or provincial government, as applicable, is required by the Argentinean Mining Code to grant whomever discovers a new mine title to the mining concession.

The Argentinean Mining Code regulates exploration permits and mining concessions. Exploration permits grant their holders exclusivity rights to any mineral discoveries, including those made by a third party within the exploration area covered by the permit. Exploration permits are limited in time and as to the extent of the exploration area, are subject to the payment of a single-time fee, and also require a minimum exploration work programme and schedule to keep the permit in force.

The Argentinean Mining Code also regulates mining concessions, or exploitation rights. Priority for receiving a mining concession is given to the registered discoverer of the mine, which holds the exploration permit. Once the application for a mine has been submitted, the applicant may commence works and must submit a legal survey of the units requested for the new mine. The application and the legal survey may be opposed by third parties following specific proceedings set forth in the Argentinean Mining Code. Approval and registration of the legal survey by the provincial mining authority constitutes formal title to the mining concession.

Holders of mining concessions must comply with three main conditions: payment of an annual fee, investment of a minimum amount of capital, and the carrying out of a reasonable level of exploitation. Failure to do so could lead to forfeiture of the mining concession, which would then revert back to the Province.

In addition to the Argentinean Mining Code, between 1993 and 1995, Argentina implemented several federal laws to offer foreign companies attractive incentives for exploration and mining in Argentina, the Mining Investment Law (Law No. 24, 196), as amended (Mining Investment Law), and related legal provisions being the most important one. Such incentives include, amongst others, import duty exemptions, accelerated depreciation of fixed assets, a 3 percent cap on provincial royalties set at pit-head value on the mineral extracted, value added tax refunds for exploration-related expenses incurred by companies registered under the Mining Investment Law, and, subject to the filing of a feasibility study for the relevant mining project, a 30-year stability as to the tax burden on the project and the customs and foreign exchange regimes and duties. Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate in 1996.

Glacier Law

On 30 September 2010, the National Law on Minimum Requirements for the Protection of Glaciers (Law No. 26, 639) (Glacier Law) was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. The Glacier Law also subjects on-going mining activities in those areas to an environmental audit. If such audit results in material impacts on glaciers and “peri-glacial” areas, the relevant authority is empowered to take action, including suspension or relocation of the activity. The Glacier Law establishes a broad definition of “peri-glacial” areas that, together with glacial areas, must be surveyed by an existing national government agency specifically appointed to this end every five years. The area where the Cerro Vanguardia project is located does not include any glaciers or peri-glacial areas according to the inventory of glaciers which was published in June 2018. The constitutionality of the Glacier Law has been challenged by some mining companies along with the

Province of San Juan (which hosts large mining projects), but the National Supreme Court of Justice of Argentina rejected these claims on 4 June 2019.

Rural Land Law

On 27 December 2011, the Argentinean National Congress passed a law on the Regime for Protection of National Domain over Ownership, Possession or Tenure of Rural Land (Law No. 26, 737) (Rural Land Law) which implemented a set of rules restricting the ownership of rural land by foreigners (including foreign individuals or any kind of legal entity controlled by foreign individuals or legal entities). The main restrictions are as follows: (i) foreigners cannot own in the aggregate more than 15 percent of the entire rural land of Argentina, the same cap being applicable to each Province and Municipality; (ii) foreigners will not be allowed to purchase more than 1,000 hectares in the so-called “zona núcleo”, which comprises the main agricultural areas of central Argentina or an “equivalent” surface depending on the location of the land and its productive potential; and (iii) foreigners will not be allowed to buy land that contains, or is adjacent to, relevant and permanent water bodies (such as rivers and lakes). Although exploration permits and mining concessions are not the subject matter of the restrictions placed by the Rural Land Law, certain rights granted to foreign mining companies under the Argentinean Mining Code may be restricted by this new law. For example, the right that holders of mining concessions currently have to force the surface owner to sell the land to the holder of the mining concession might be restricted if the concession holder is a foreign individual or a legal entity controlled by foreigners.

Federal Mining Agreement

On 13 June 2017, the national government and the provinces in whose territories the main mining projects of Argentina are located, signed the New Federal Mining Agreement (FMA). The purpose of the FMA is, amongst other things, to increase provincial revenues from the mining industry by creating legal entities owned by provincial governments that would work in association with private mining companies. This scheme is not new in Argentina and it has been used by some provincial governments, amongst them the Santa Cruz Province (through Fomicruz), in which the Cerro Vanguardia project is located. The FMA also contemplates other forms of revenues such as the formation of special trusts to be funded by mining companies in order to finance education, health and other programmes. Additionally, the FMA included setting forth mining royalties up to 3 percent of the gross value of commercialized minerals, without any deductions other than VAT. As the FMA has not yet been converted into law by the National Congress, its provisions are neither binding nor enforceable.

In Argentina, the current regulatory regime of royalty payments is expected to change and several different options and payment thresholds have been discussed. In December 2012, the Santa Cruz Province changed the mining royalty from 1 percent to 3 percent calculated at pit-head value of the mineral extracted thus bringing it to the cap of the Mining Investment Law.

Foreign exchange control regime

On 1 September 2019, by means of Executive Decree No. 609/2019 (Decree), the national government re-established foreign exchange and export controls. The Decree imposes, among other measures, the obligation of Argentinean residents to transfer to Argentina and/or sell for Argentinean pesos in the Argentinean foreign exchange market (mercado libre de cambios) the countervalue (contravalor) from their exports of goods within 15 to 365 calendar days depending on the goods exported and the relationship with the importer. Regardless of the applicable maximum term, upon collection of the export, the proceeds thereof must be sold for Argentinean pesos in the Argentinean foreign exchange market no later than five business days from the date of collection.

The Decree also authorized the Central Bank of Argentina to establish the requirements for compliance with the measures set out therein. On the same date, the Argentinean Central Bank, as the regulatory authority in charge of administering the Argentinean foreign exchange market, issued Communication “A” 6770 establishing the specific regulatory requirements in order to implement the measures adopted by the national government. The Argentinean Central Bank delegated the responsibility to follow up and supervise compliance with the repatriation obligation of exporters to financial institutions. In this respect, it implemented the so-called “Follow-up regime for foreign exchange countervalue from exports of goods” (Seguimiento de las negociaciones de divisas por exportaciones de bienes or SECOEXPO). Upon the expiration of the applicable term to transfer and sell the proceeds of exports, the designated financial institution must inform the Argentinean Central Bank if the exporter has complied with its obligations or not.

Export duties

On 4 September 2018, export duties were imposed by Decree No. 793/2018 (Export Duties Decree) published by the Argentinean government which will be applicable until 31 December 2020. The export duty is set at 12 percent ad valorem. The Export Duties Decree, if not compensated with other tax reductions, affects the tax stability guarantee granted to Cerro Vanguardia S.A. (CVSA) in 1996 in light of the fact that at the time export duties were zero percent.

On 26 February 2019, the Argentinean tax and mining authorities published a resolution establishing a mechanism to reimburse or compensate federal taxes paid in excess of the total tax burden provided for by applicable tax stability guarantees. The resolution provides for an administrative procedure to be followed to prove that the actual tax burden is higher than the one a company should have based on its tax stability guarantee. Cerro Vanguardia S.A. initiated this procedure in order to claim reimbursement of, or compensation for, export taxes paid during 2018 in excess of the total tax burden provided for by its tax stability guarantee. The

National Mining Secretariat issued a favorable opinion regarding Cerro Vanguardia S.A.’s claim, which is currently under review by the relevant customs authorities (Customs Regional Division - SummaryPatagonia).

On 21 December 2019, the National Law on Social Solidarity and Productive Reactivation (Law No. 27, 541) (Solidarity Law) was enacted. The Solidarity Law grants the national government power until 31 December 2021 to impose export duties which may not exceed certain caps. For example, the Solidarity Law provides that export duties on mining exports cannot exceed 8% of metallurgicalthe taxable value or official FOB price. It is currently unclear whether this 8% limit applies automatically or whether it requires the issuance of a decree by the national government.

Environmental laws relating to mining

Any mining company wishing to commence or modify any mining-related activity, as defined by the Argentinean Mining Code, including prospecting, exploration, exploitation, development, preparation, extraction, and storage of mineral substances, as well as property abandonment or mine closure activity, is required to prepare and submit to the competent provincial environmental authority an Environmental Impact Assessment (EIA) prior to commencing the work. Each EIA is required to describe the nature of the proposed work, its potential risk to the environment, and the measures that will be taken to mitigate that risk. If accepted by the competent authority, the EIA is used as the basis to create a Declaration of Environmental Impact (DEI) to which the mining company is required to adhere during the mining-related activity at issue. The DEI is required to be updated at least on a biannual basis. Sanctions and penalties for non-compliance with the DEI are outlined in the Environmental Protection section of the Argentinean Mining Code, and may include warnings, fines, suspension of quality certifications, restoration of the environment, temporary or permanent closure of activities, and withdrawal of authorisation to conduct mining-related activities.

AngloGold Ashanti’s rights and permits

In the case of Cerro Vanguardia, AngloGold Ashanti’s operation in Argentina, the mining concession holder is AngloGold Ashanti’s partner, Fomento Minero de Santa Cruz S.E. (Fomicruz). On 27 December 1996, Fomicruz entered into a usufruct agreement whereby Cerro Vanguardia S.A. was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 km2) for a 40-year period, which expires on 26 December 2036. Cerro Vanguardia S.A. is a corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti, with Fomicruz as minority shareholder. On 14 August 1996, Cerro Vanguardia S.A. obtained its tax, customs and foreign exchange stability certificate, which expires in 2026.

Brazil

General laws relating to mining and land ownership

The Brazilian Constitution of 1934 states that, for purposes of exploration and exploitation, deposits and other Mineral Resources constitute property separate from the soil and belong to the Federal Union. Exploration and exploitation of such Mineral Resources may take place only with the Federal Union’s concession and in such a way as to protect the national interest. Federal law sets out penal and administrative sanctions for conduct and activities deemed harmful to the environment.

In Brazil, the National Mining Agency (ANM) is the state body within the Mines and Energy Ministry (MME) that is responsible for: (i) the registration of mining titles, (ii) the grant of authorisations and concessions, (iii) the supervision of mining activities and mining titleholders, and (iv) the issuance of supplementary rules in relation to mining activity.

Under the current Brazilian Mining Code, there are two kinds of mines: (i) claimstake mines (minas manifestadas), for which rights were acquired before 1934 and exist independently of any mining licence or authorisation from the Federal Government and for which the Mineral Resources constitute property of the landowner and (ii) granted mines, which are those that rely on grants from the Federal Government for mineral exploration or exploitation (pursuant to the Brazilian Constitution of 1988). AngloGold Ashanti’s operations in Brazil consist of both claimstake mines and granted mines.

Mining activities in granted mines must be performed in two defined stages: (i) exploration, which entails defining and evaluating the deposit and determining the feasibility of exploitation, and (ii) exploitation, which involves coordinating operations aimed at the industrial exploitation of the mineral deposit, from the extraction of useful minerals to their processing. Exploration authorisations issued by ANM are valid for one to three years. Extensions can be obtained if necessary, as long as it is justified. In contrast, exploitation rights, once granted, are valid for the lifetime of the deposit, provided the mining titleholder complies with all legal requirements. Pursuant to these requirements, for example, titleholders must (i) start work on mineral exploitation within six months from the date of publication of the Exploitation Concession, (ii) continue their mining activities until the mineral deposit has been exhausted, in accordance with the Economic Exploitation Plan (Plano de Aproveitamento Econômico) approved by ANM and (iii) refrain from suspending mining activities without prior notice to ANM.

Tax laws relating to mining

During the exploration period, the mining titleholder has to pay an Annual Rate per Hectare (Taxa Annual por Hectare or TAH), subject to a maximum value set by law. In the exploitation period, regardless of the legal regime governing the project (whether

claimstake or granted mines), the mining titleholder has to pay the Financial Compensation for Exploiting Mineral Resources (Compensação Financeira pela Exploração Mineral or CFEM). The CFEM which is 1.5 percent for gold is currently calculated based on revenues.

At the end of 2011 and the beginning of 2012, the states of Minas Gerais, Pará, Amapá and Mato Grosso do Sul each created a new tax (duty) on research, extraction and exploration activities as well as on the use of Mineral Resource carried out in those states. This tax could range from BRL3.00 to BRL6.50 per ton of ore extracted. In the states of Minas Gerais and Goiás, however, gold ore was exempted from the collection of this new duty.

Environmental laws relating to mining

Following the catastrophic failure of a tailings storage facility (TSF) operated by Vale in the state of Minas Gerais in January 2019, Brazilian executive, legislative and judiciary bodies have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and have been considering, and in some cases adopting, stricter laws and regulations applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs in Brazil. For example, some of the new measures under consideration or enacted include (without limitation):
A ban prohibiting construction of new upstream tailings dams;
New requirements mandating reinforcement and earlier-than-planned closure of existing upstream TSFs;
New requirements mandating removal of all tailings material from TSFs (“decharacterization”), regardless of the original design method, upon closure and prior to decommissioning and environmental rehabilitation;
New requirements mandating bi-annual (each year in March and September) TSF Stability Declarations for approved TSFs, signed by an external engineering consultancy and geotechnical senior manager as well as company directors, to be submitted to the ANM and the relevant state environmental agency;
New requirements for companies to place a surety bond in the preliminary permit phase; and
Banning permits for any new dam where there are communities within 10 km downstream or where a dam break could affect communities in less than 30 minutes (within the Self-Rescue Zone).

Furthermore, in addition to the 156 bills that were already being considered by the National Congress, another 51 bills dealing with the mining sector were presented in 2019 that may significantly impact the mining sector and the company. For example, Federal Bill No. 550/2019, if adopted, will require the company to complete the decharacterization (descaracterização) and decommissioning of its TSF at the Serra Grande mine in the state of Goiás, which was built by the upstream method, by 25 February 2022. For the company’s other TSFs in Brazil, all of which are downstream or “centreline” designs, the following options are permitted: either (i) the structure must be decharacterized and decommissioned, (ii) the population must be relocated, with reparations for loss of cultural heritage, or (iii) reinforcement works that guarantee the effective stability of the structure must be carried out, by decision of the public authorities, taking into account the previous nature of the dam in relation to the occupation and technical-financial viability of the alternatives. Even if reinforcement works are completed, the company will still be required to decharacterize and decommission the TSF at the end of the life of the mine. This bill also introduces the requirement to present a surety bond at the planning stages for the TSF. The mining sector, including the Minas Gerais Industry Association (FIEMG), the National Industry Association (CNI) and the Brazilian Mining Chamber (IBRAM), is liaising with the legislative authorities and other stakeholders in an effort to introduce amendments to this proposed bill which would mitigate some of the concerns identified by the mining industry, in particular, regarding the requirement to remove tailings material from decommissioned TSFs. As of yet, none of these new bills have been approved by the National Congress.

At the federal level, the ANM issued Resolution No. 13/19 in August 2019 (replacing its earlier Resolution No. 4/19) which adopted additional regulatory measures to ensure the stability of TSFs, in particular those built or heightened by the upstream method or by any method declared as “unknown”. Among other things, ANM Resolution No. 13/19 prohibits the upstream method for the construction or heightening of tailings dams throughout the national territory of Brazil. It further requires the deactivation of TSFs constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as the decommissioning of such TSFs by 15 August 2022 to 15 September 2027 (depending on the capacity volume). ANM Resolution No. 13/19 does not require complete removal of tailings material from TSFs. As a result, the Serra Grande mine in the state of Goiás is in the process of reinforcing the dam walls of its upstream TSF in advance of its expected deactivation by 15 September 2021. In addition, the company has begun the process of evaluating alternate structures for this upstream TSF, as well as any potential increases in regulatory and cost obligations as a result of new requirements applicable to TSFs.

At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which contained the state’s policy on TSF safety and should be implemented in conjunction with the equivalent federal policy. Among other things, Law No. 23.291/19 determines the criteria for licensing and inspecting TSF structures, prohibits TSFs constructed or heightened using the upstream method and holds management liable for non-compliance with its provisions.

AngloGold Ashanti’s rights and permits

At AGA Mineraçao, Cuiabá has a single concession covering a total area of 3,662 hectares, Lamego is covered by three geographically contiguous concessions totally 1,622 hectares and Córrego do Sítío is hosted by five geographically contiguous concessions covering a total area of 6,017 hectares. All of these are in good standing. At Serra Grande, the company has interests

in or agreements over 61,500 hectares in Crixas Greentone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. Brazilian mining concessions remain valid up to the depletion of the Ore Reserve and Mineral Resource pursuant to the Economic Exploitation Plan approved by the ANM and in accordance with the required environmental permits, and as a result do not have an explicit expiry date.

Colombia

General laws relating to mining and land ownership

General regime

The Colombian Constitution declares that the sub-soil and the non-renewable natural resources located within the Colombian territory are the property of the Colombian State. The underlying principle of Colombian mining legislation for the granting of mining concession contracts is first in time, first in law. Mining activities are regulated by the Colombian Mining Code, Act 685, 2001.

The filing of an exploration and exploitation proposal triggers a right of preference to obtain rights over the targeted area, provided it is available. Such area cannot exceed 10,000 hectares. Upon receipt of a proposal, the relevant government agency determines whether another proposal or contract already governs the area. If there are no pre-existing claims, the government agency grants the applicant a “free area”.

With respect to land ownership, a mining concession in Colombia does not grant the rights over the surface required to develop a mining project. Therefore, in order to develop a mining project, it is required to acquire and secure access to the land (soil). This can be achieved in several ways, such as (i) purchase of the land, (ii) a transit easement, (iii) a mining easement, and (iv) the special acquisition process or expropriation.

Concession contract

As the sub-soil and the non-renewable natural resources located within the Colombian territory are property of the Colombian State, the Colombian Mining Authority grants the authorization to explore and exploit minerals through a concession contract. 

Such concessions allow concessionaires to conduct the studies, works and facilities necessary to establish the existence of minerals and to organise their exploitation. Upon being awarded a mining concession, a company must take out an insurance policy to cover the costs associated with potential environmental damage as well as breaches of its mining obligations. It may then proceed with exploration activities. Once the exploration phase is complete, the concessionaire files a new plan regarding proposed works and facilities. With the award of the mining concession or tenement contract, there are specified timelines for the completion of the various phases of a mining project, e.g. exploration, construction, exploitation. The company must comply with these timelines unless performance is suspended, for example, due to force majeure or extensions or modifications to the timelines. A grant of force majeure is for one year and must be renewed on an annual basis. If the company does not comply with the specified timelines for the completion of the various phases of a mining project, the mining authority may revoke the company's concession contracts or mining licenses. As a general matter, any company that wishes to obtain a renewal of its concession contract must be up to date in all its legal and contractual obligations and must present a new plan of works and facilities to be implemented after the contract is renewed.

PINES program

In 2013, the federal government instituted the PINES program designed to aid promoting certain projects that are deemed to have a national interest. This designation provides for greater oversight from the national government. All of our three advanced exploration projects (La Colosa, Quebradona and Gramalote) were considered of national strategic interest. Currently, Quebradona and Gramalote remain in the PINES program, but La Colosa was temporarily removed as such (until the force majeure is over).

Tax laws relating to mining

From the moment the concession contract is registered with the Mining Register, the concessionaire has several financial obligations, including the payment of (i) a surface fee during the exploration, construction and assembly stage and (ii) royalties.

Once exploration is complete and the mining infrastructure in place, the concessionaire must begin paying royalties to the Colombian government, consisting of a percentage of the primary product and sub-products being exploited. The percentage of the royalty depends on the regulation in force when the concession contract is signed. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a 5 percent royalty for copper on the production value at the mine’s or well’s edge (i.e. when extracted from the subsoil). In case of gold and silver, a royalty of 4 percent on the production valued at the mine’s or well’s edge (i.e. when extracted from the subsoil) was established.

Furthermore, Colombian law establishes that once the environmental license is granted the concessionaire must invest 1 percent of the project’s value to benefit the basins covered by the environmental license.


Environmental laws relating to mining

In order to obtain an authorization from the National Environmental Licensing Authority of Colombia to carry out a project, the company must prepare an Environmental Impact Study (E.I.A.) for approval by this authority.

Global environmental licenses are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination.

AngloGold Ashanti’s core mining concession contracts provide that the mining authority has the discretion to declare the underlying concession void if the specific company which holds the concession breaches applicable environmental laws or regulations. If the mining authority were to exercise such discretion against it, such company would be required to abandon its projects and all of its other existing mining concession contracts. Pending proposals for new mining concession contracts would also be cancelled and the company would be banned from doing business with the Colombian government for a period of five years. As a result, the company would be unable to conduct any mining exploration or development activities during such period. However, this would not affect other AngloGold Ashanti subsidiaries operating in Colombia, which hold singularly or in concert with joint venture partners the majority of the company’s concession contracts in Colombia.

There are some areas where mining activity is prohibited. These areas are national parks, regional parks, protected forest reserves, paramos (included in Act 1753, introduced in 2015) and wetlands, pursuant to the Ramsar Convention on Wetlands of International Importance.Some forest reserves are not “protected” but are set aside for active forestry purposes. Such forest reserves must be “extracted” after initial prospection, meaning that the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, Resolution 187/2016, passed by the federal government in late 2016, identifies areas that the Ministry of the Environment has determined to be “paramos” areas, or paramos transition areas. In these areas there are limitations on industrial or commercial work being performed, including mining. The regulation also specifies a process to determine what work, if any, can be performed in a paramos-designated area.

AngloGold Ashanti’s rights and permits

The La Colosa project managed by AngloGold Ashanti Colombia S.A. (AGA Colombia) remains in force majeure due to the delays in the granting of the environmental permits by the local environmental authority, thereby preventing AGA Colombia from undertaking further exploration activities. The current one-year grant of force majeure will expire on 22 June 2020 and the request for an extension is pending. AGA Colombia applied for a mining area integration (consolidation) of its concession contracts related to La Colosa, in respect of which AGA Colombia was not in compliance with some of the specified timelines. The application for mining area integration (consolidation) was approved in March 2017, which remedied the non-compliance of each consolidated concession and reset the specified timelines. La Colosa now has a single concession which covers a total area of 9,210 hectares and expires on 28 February 2037.

Minera de Cobre Quebradona S.A. (MCQ) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016. As a result, MCQ was granted the exclusive right to explore, take ownership and dispose of the mineral reserves (ore) extracted from the concession area. MCQ has the right to request an extension of up to 30 years, at least two years before the expiration of the operating period. This extension is not automatic, and the request must be filed with new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract 5881 is in its third year of the exploration phase and the Quebradona project requested the Mining Authority for an extension of 2 more years.

United States of America

Nevada

Mineral and surface rights in the United States are owned by private parties, state governments or the federal government. The majority of land utilised for precious metals exploration, development and mining in the western United States is owned by the federal government, and often the state government will have an ownership interest in minerals, regardless of whether the state is the surface owner. The right to mine on such federal land in western states is governed by the U.S. General Mining Law of 1872, as amended (General Mining Law). The General Mining Law allows mining claims on certain federal lands upon the discovery of a valuable mineral deposit and proper compliance with claim location and maintenance requirements.

In Nevada, AngloGold Ashanti (U.S.A.) Exploration Inc. is advancing a joint venture property, the Silicon Project, on federal lands through an Earn-in Option Agreement for 277 mining claims, covering an area of approximately 5,700 acres. Additionally, a further 1,414 mining claims (29,215 acres) in the name of AngloGold Ashanti North America Inc. are also being explored. On these lands, AngloGold Ashanti (U.S.A.) Exploration Inc. is currently engaged in early-stage exploration activities that include, but are not limited to, geological and spectral mapping, surface geochemical sampling, geophysical surveying and RC and/or diamond drilling.

Mineral exploration activities in Nevada are also generally subject to applicable federal, state, and local permitting requirements, but the specific regulatory authorizations required for the company’s activities are based on the nature and location of the exploratory

work.  AngloGold Ashanti (U.S.A.) Exploration Inc.’s Nevada operations are currently conducted under what is generally referred to under federal law as a notice-level operation subject to 43 CFR § 3809.21. The federal Bureau of Land Management (BLM) issued a Notice of Decision for the Silicon Project approving the proposed exploration operations on 1 November 2017.  The BLM determined that the operations would not cause unnecessary or undue degradation as defined under 43 CFR § 3809.5. Three amendments to the Notice of Decision have been authorized by the BLM in letters dated 31 January 2018, 2 April 2018, and 4 October 2018. The Notice of Decision requires reclamation of the drill pads and roads, including the reseeding of disturbed lands. The Notice of Decision also set the financial guarantee amount for reclamation. The Notice of Decision includes a renewable 2-year term from the date of the last amendment to the Notice.

The BLM issued a Notice of Decision for the Rhyolite North Project approving the proposed exploration operations on 14 January 2020. The Rhyolite North Project, situated within the Nye County of south-western Nevada, is wholly owned by AngloGold Ashanti North America Inc. It is an early-stage exploration project managed by AngloGold Ashanti (U.S.A.) Exploration Inc. and is currently comprised of 237 unpatented mining claims.

Nevada’s Bureau of Mining Regulation and Reclamation (BMRR) also regulates mining within the state.  Exploration projects of 5 acres or less, the scope of a notice-level operation under federal law, are exempt from BMRR regulation. AngloGold Ashanti’s current exploration programs fall within this exemption.

AngloGold Ashanti (U.S.A.) Exploration Inc. has initiated a subsequent permitting process for the Silicon Project to increase the exploration activities beyond the 5-acre notice level. This process was initiated in 2019 with the completion and submission of the required environmental baseline studies and the submission of a Plan of Operation and Reclamation Plan to the BLM and BMRR. The permitting process is expected to be completed in 2020 and decisions from the BLM and BMRR are expected to be received in the same year.

Minnesota

In Minnesota, AngloGold Ashanti Minnesota Inc. completed early-stage reconnaissance exploration activities to determine the potential for gold mineralization in the northern counties of Minnesota. Based on the achieved results, the company has decided to terminate its exploration activities in the state and it is currently in the process of closing out activities in accordance with state and company requirements.

Potential regulatory changes

Over the years, the U.S. Congress has considered a number of proposed amendments to the General Mining Law and other federal statutes relating to mining. Among the significant features contained in previously proposed legislation were a production royalty obligation, new and more stringent environmental standards and conditions, additional reclamation requirements, extensive new procedural steps which would likely result in extended permitting timelines and granting counties the ability to petition the U.S. Secretary of the Interior to make certain areas unavailable for the location of unpatented mining claims. The U.S. Environmental Protection Agency has also proposed potential revisions to financial assurance requirements relating to mineral development activities.

AGA is currently unaware of any new federal or state legislative or regulatory changes or rule-making that has been proposed or enacted that would adversely affect its current exploration programs. If any of the above-referenced provisions were adopted in the future, the company’s operations in Nevada could be adversely affected.


MINE SITE REHABILITATION AND CLOSURE

Closure, an integral part of operations

All mining operations eventually cease. An integral aspect of operating AngloGold Ashanti’s mines is ongoing planning for and, where feasible, implementation of concurrent rehabilitation, together with an estimate of associated liability costs and the placement of adequate financial provisions and assurances to cover these costs.

AngloGold Ashanti revised its group closure planning management standard in 2013 and all of its operations are required to comply with the standard, as well as applicable law and regulations, as their closure plans are reviewed and updated.

Closure planning is an activity that starts at the exploration and mine design stage and continues throughout the life of mine:
New projects include a closure plan which takes into account future closure and associated rehabilitation and other costs.
The closure plan is reviewed annually and updated every three years (annually in the final three years of a mine’s life) or whenever significant changes are made, taking into account operational conditions, planning and regulatory requirements, international protocols, technological developments and advances in practice.


For many of the older mines, closure planning and the evaluation of environmental liabilities is a complex process. This is particularly so in Brazil, Ghana and South Africa, where many of the mining and other operations have taken place for more than fifty years. A particular challenge is concurrent rehabilitation, which is carried out while a mine is still operational. This practice serves to decrease the ultimate liability and reduces the final rehabilitation and closure work that must be undertaken, but has the potential to sterilise Ore Reserve, which the company might wish to exploit should conditions, such as the gold price, change.

The company’s closure standard stipulates that closure planning must be undertaken in consultation with the community. In the course of these consultations, different issues are raised which require site-specific solutions. Livelihood preservation and infrastructure are often key requirements. Communities also require information on the company’s rehabilitation of the landscape and on any lasting environmental impacts. Long-term remediation obligations, including decommissioning and restoration liabilities relating to past operations, are based on environmental management plans and compliance with current environmental and regulatory requirements.

Provisions for decommissioning and rehabilitation costs are made when there is a present obligation, it is probable that expenditure on decommissioning and rehabilitation work will be required and the cost can be estimated within a reasonable range of possible outcomes. These costs are based on currently available facts, technology expected to be available at the time of the clean-up, laws and regulations presently or virtually certain to be enacted and previous experience in the rehabilitation of mine sites.

Decommissioning costs and restoration costs are provided at the present value of the expenditures expected to settle the obligation, using estimated cash flows based on current prices. Estimates are discounted at a pre-tax rate that reflects current market assessments of the time value of money.

Provisions for decommissioning and for restoration (excluding joint ventures) increased from $637 million in 2018 to $730 million in 2019 (including the rehabilitation obligations transferred to held for sale liabilities and associated with our pending sale of operations in Mali and South Africa). This increase mainly relates to proposed requirements regarding the removal of tailings materials from tailings storage facilities in Brazil upon closure and decommissioning (a process known as “decharacterization”) and changes in discount rates based on global economic assumptions. The provisions were also impacted by changes in mine plans, resulting in a change in cash flows and changes in design of tailings storage facilities and in methodology following requests from the environmental regulatory authorities.


ENVIRONMENTAL, HEALTH AND SAFETY MATTERS

In addition to post-mining land rehabilitation and closure requirements, AngloGold Ashanti is subject to extensive environmental, health and safety (EHS) laws and regulations in the various jurisdictions in which the company operates. These requirements govern, among other things, extraction, use, conservation and discharge of water; air emissions (including dust control and greenhouse gases); regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; worker health and safety and community health; and the generation, transportation, storage and disposal of solid and hazardous wastes, such as reagents, radioactive materials, and mine tailings. Environmental laws and regulations applicable to our operations, including the requirements contained in environmental permits, are generally becoming more restrictive. Significant EHS requirements, risks and trends affecting our mining and processing operations are described below.

Regulatory Compliance

Capital and operating costs to comply with EHS laws and regulations have been, and are expected to continue to be, significant to AngloGold Ashanti. In addition, AngloGold Ashanti could incur fines, penalties and other sanctions, environmental clean-up costs, and third-party claims for personal injury or property or natural resources damages; suffer reputational damage; and be required to install costly pollution control equipment or to modify or suspend operations, as a result of actual or alleged violations of, or liabilities under, EHS laws and regulations. Failure to comply with applicable EHS laws and regulations may also result in the suspension or revocation of permits and, in some jurisdictions, our right to mine a given concession. AngloGold Ashanti’s ability to obtain and maintain permits and other approvals and to successfully operate near particular host communities may be adversely impacted by real or perceived effects on the environment or human health and safety associated with AngloGold Ashanti’s or other mining companies’ activities. In addition, unknown environmental hazards may exist at the company’s properties which may have been caused by previous owners or operators.

Water Management

AngloGold Ashanti’s mining and processing operations are heavily dependent upon access to substantial volumes of water required for such operations. Typically, water-use permits or water rights in each country impose limits on the quantity of water that can be extracted from certain sources and require, among other things, that wastewater from mining operations meet certain water quality criteria if discharged to the environment. Water supply, quality and usage are areas of interest globally, but are particularly significant for operations in Brazil, Ghana and South Africa, and for exploration projects in Colombia, where there is significant potential environmental and social impact and a high level of stakeholder scrutiny. Any failure to secure access to suitable water supplies, or achieve and maintain compliance with the requirements of our permits or licenses, could result in curtailment or suspension of

production at the affected operation. Incidents of water pollution or shortage can, in extreme cases, lead to community protest and ultimately result in the withdrawal of community and government support for the company’s operations.

Where feasible, the company operates a “closed loop” system which recycles the water used in its operations without discharging it to the environment. In some areas, however, such as Ghana and Brazil, high levels of rainfall and surface water runoff mean that a closed loop system is not feasible and that discharges, after water treatment where necessary, must take place.

Waste Management

Mining and mineral processing operations generate waste rock and tailings.

During open-pit mining, large volumes of soil and/or rock (overburden) are mined to expose the ore body. Similarly, waste rock is mined during drilling and developing access to underground ore bodies. Overburden and waste rock typically contain sub-economic levels of gold and are deposited as large waste rock facilities. Mine tailings are the process waste generated once grinding and extraction of gold from the ore is completed in the milling process and are deposited as slurry in large storage facilities specifically designed for this purpose.

The impact of dust generation, breach, leak, or other failure of a waste rock or tailings storage facility (TSF), including any associated dam, can be significant, and the company therefore monitors such facilities closely in accordance with the company’s internal standards, independent review, national regulatory requirements and commitments made to local communities. The occasional well-publicised failure of a third-party tailings facility and the potential impact of such failure also mean that these facilities are generally tightly regulated. An incident at the company’s operations could result, among other things, in enforcement, obligations to remediate environmental contamination, negative press coverage, and claims for property or natural resources damages and personal injury by adjacent communities. Incidents at other mining companies’ operations could result in governmental action to tighten regulatory requirements and restrict certain mining activities, in particular with respect to TSFs, also in respect of other mine operators in that region. For example, following the catastrophic failure of a TSF at an iron ore mine owned by Vale in the state of Minas Gerais in Brazil in January 2019, tailings were discharged into the mine’s administrative area and part of the local community, reportedly resulting in deaths and injuries to hundreds of people. As a result of this incident, there has been considerably increased regulatory scrutiny in Brazil and other areas on mining operations generally, and the requirements applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs have generally become far more stringent. In particular, in Brazil, new TSFs in the upstream design method have been prohibited by the Brazilian National Mining Agency (ANM) and decommissioning of all existing upstream TSFs has been ordered. As a result, we will be required to reinforce, and decommission by February 2022, the TSF at our Serra Grande mine, located in the state of Goiás. The incremental costs for reinforcing the walls of this facility and, ultimately, for decommissioning and closing the TSF in compliance with new legislation, are likely to be material. We will also be required to reinforce or decommission all TSFs in Brazil constructed based on the downstream design method by 2025. Moreover, a bill currently pending in the National Congress in Brazil would require all tailings materials to be removed from the TSF (a process known as “decharacterization”) in connection with closure and decommissioning. If passed, the additional costs associated with decharacterization are likely to be material to AngloGold Ashanti. Finally, the suspension of environmental licensing permit processes for TSFs in the state of Minas Gerais has delayed approval processes with respect to our operating permits, and may compromise our production plans in respect of our Minas Gerais operations. Further and more substantial amendments to the regulatory requirements in Brazil governing such TSFs and related dams are anticipated in 2020. See “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine”.

Groundwater Impacts and Environmental Remediation

AngloGold Ashanti has identified groundwater contamination plumes at certain of its operations. Numerous scientific, technical and legal studies have been undertaken to assist in determining the magnitude of the impact and to find sustainable remediation solutions. Based on those studies as well as discussion with regulators, the company has taken steps, including monitored natural attenuation and phyto-technologies, to address soil and groundwater contamination. Subject to the completion of trials and the technology being a proven remediation technique, no reliable estimate can be made at this time for the obligation. Should these obligations be significant, this could have a material adverse impact upon AngloGold Ashanti’s results and its financial condition.

As AngloGold Ashanti or its predecessors have a long history of mining operations in certain regions, issues may arise regarding historical environmental impacts on those areas, for which AGA, as the current owner/operator, may be legally responsible.

In addition, AngloGold Ashanti identified a flooding and future pollution risk to deep groundwater in the Far West Rand goldfields in South Africa, which includes AngloGold Ashanti’s operations. The premature closure of neighbouring mines owned by other mining companies in the area led to increased pumping obligations on AngloGold Ashanti to address water infiltration into AGA’s mines. In addition, in the West Wits district, after Blyvooruitzicht Gold Mining Company was placed in provisional liquidation in August 2013, AngloGold Ashanti purchased from Blyvooruitzicht the rights of access to the 4 and 6 shafts as well as the relevant infrastructure to continue pumping underground water. We subsequently transferred the assets and rights to a newly incorporated subsidiary Covalent Water Company and, in November 2014, obtained a directive from the Department of Water and Sanitation directing AngloGold Ashanti through Covalent to dewater 4 and 6 shafts and discharge the water. AGA continues to comply with the directive.


Climate Change and Greenhouse Gas Regulation

Greenhouse gases (GHGs) are emitted directly by AngloGold Ashanti’s operations, as well as by external utilities from which AngloGold Ashanti purchases electricity.

As a result of commitments made at the UN Climate Change Conference in Durban, South Africa in December 2011, certain members of the international community negotiated a treaty at the Conference of the Parties of the UN Framework Convention on Climate Change in Paris in December 2015 (Paris Agreement). The Paris Agreement, which came into force on 4 November 2016, requires developed countries to set targets for emissions reductions. Additional measures designed to limit or reduce GHG emissions, both mandatory and voluntary, may be implemented at national or international levels in various countries.

For example, in South Africa, the Carbon Tax Act, No. 15 of 2019, imposing a tax on carbon dioxide equivalent of GHG emissions, took effect on 1 June 2019. The tax will be implemented in a phased manner, taking into account South Africa’s Nationally Determined Contributions (NDCs) commitment under the Paris Agreement to reduce greenhouse gas emissions. The first phase, which runs from June 2019 to December 2022, imposed a tax of ZAR120/ton carbon dioxide equivalent (CO2-e) of direct GHG emissions, which will increase by CPI plus two percent up to 2022 and in line with inflation thereafter. As this first phase is designed to be revenue-neutral in terms of its aggregated impact, a system of rebates is in place effectively reducing the actual rate to be in a range of ZAR6/ton to ZAR48/ton.

These, or future, measures could require AngloGold Ashanti to reduce its direct GHG emissions or energy use or to incur significant costs for GHG emissions permits or taxes, including for those costs or taxes passed on by electricity utilities which supply the company’s operations. AngloGold Ashanti could also incur significant costs associated with capital equipment, GHG monitoring and reporting and other obligations to comply with applicable requirements. The most likely source of these obligations is through state-level implementation of new emissions or financial obligations pursuant to evolving climate change regulatory regimes.

For example, in 2010, Brazil launched the National Climate Change Policy, which established a voluntary reduction target of 1.2 billion tonnes of CO2 below the projected emissions in 2020. The policy required the development of sector-specific plans in order to meet the target. Amongst other plans, it is intended to reduce deforestation in the Cerrado biome, where AngloGold Ashanti operates, by 40 percent compared to the average deforestation in 1999-2008 and expand renewable energy production and energy efficiency programmes. The policy also provided for a Brazilian GHG trading scheme, which is yet to be designed. While Brazil is not yet requiring mandatory GHG emissions reporting at the national level, some state environmental agencies have requested companies to voluntarily submit GHG emissions management plans, however Goiás and Minas Gerais State (in which AngloGold Ashanti operates) do not currently require GHG emissions management plans for mining projects.

In Australia, the Commonwealth Government introduced the Safeguard Mechanism (Rule 2015) through the existing National Greenhouse and Energy Reporting (NGER) scheme, to provide a framework for Australia’s largest emitters to measure, report and manage their emissions. It does this by encouraging large facilities, whose net emissions exceed the safeguard threshold, to keep their emissions at or below emissions baselines set by the Clean Energy Regulator. The safeguard mechanism applies to facilities with Scope 1 covered emissions of more than 100,000 tonnes of CO2-e per fiscal year. The Australian mining operations (Sunrise Dam and Tropicana) had emissions baselines set in 2016 for a 3-year period (expired in 2019) which were reported annually through the NGER scheme. During the 2018/19 fiscal year, Tropicana’s emissions were within its authorised threshold and Sunrise Dam was required to purchase offsets for emissions that were 0.8% above its safeguard threshold, the cost of which was immaterial. The Australian mining operations are in the process of re-calculating their respective emissions baselines in 2020 to comply with the changes in Rule 2015 which adopt government-determined prescribed production variables.

In addition to more stringent requirements and commitments, AngloGold Ashanti’s operations are subject to a number of physical risks from climate change, such as changes in rainfall rates or patterns resulting in floods or droughts, rising sea levels, reduced water availability, higher temperatures and extreme weather events. Such events or conditions, particularly including flooding or inadequate water supplies, could disrupt mining and transport operations, mineral processing and rehabilitation efforts, create resource or energy shortages or damage the company’s property or equipment and increase health and safety risks on site.

Occupational and Community Safety and Health and Tropical Diseases

Safety is a significant sustainable development challenge facing AngloGold Ashanti. AngloGold Ashanti’s operations are subject to a variety of laws and regulations designed to protect and improve the safety and health of employees. In some of the jurisdictions in which AngloGold Ashanti operates, the government enforces compulsory shutdowns of operations to enable investigations into the cause of accidents at those operations. 

Throughout the year we have continued to improve our safety performance across our global operations, which remains a top priority for AngloGold Ashanti. We pursue and continually adapt strategies in line with recognised leading practice in global safety standards and systems in working towards our 2030 goal of providing workplaces free of injury and harm for our employees and contractors. Our progress to date is the cumulative result of numerous interventions over several years, including the development of our 2015 strategy, which designed with the input of operating teams across our business as well as representatives from the Executive Committee, management and employees. To ensure that our strategy remains relevant and focused, we reassess its look at risk management, technology and innovation, leadership, people and work processes. We also adhere to global standards

and are rolling out ISO 45001:2018, which has replaced the OHSAS 18001:2007 series. All our sites are currently OHSAS 18001:2007 certified and three operations, Sunrise Dam, Siguiri and Geita, have already converted to the ISO 45001:2018 standard.

In addition, AngloGold Ashanti is subject to health and safety regulations relating to occupational disease. The primary areas of focus in respect of occupational health of employees within the company’s operations are noise-induced hearing loss (NIHL) and occupational lung diseases (OLD). OLD includes occupational tuberculosis and silicosis in individuals exposed to silica dust. Silicosis has been particularly prevalent in South Africa and has also arisen at the company’s Continental Africa and Brazilian operations, albeit to a far lesser extent. AngloGold Ashanti provides occupational health services to its employees at its occupational health centres and clinics, and continues to improve preventative occupational hygiene initiatives, such as implementing various control measures to prevent hazardous exposures, and providing employees with Personal Protective Equipment. It is believed that the costs associated with activities to prevent disease would be substantially lower than those associated with managing the consequences of occupational disease. Actual and alleged health and safety incidents or breaches of standards may also adversely impact the company’s reputation.

The South African government, by way of a cabinet resolution in 1999, proposed a possible combination and alignment of benefits of the Occupational Diseases in Mines and Works Act (ODMWA) that provides for compensation to miners who have OLD, and the Compensation for Occupational Injuries and Diseases Act (COIDA), that provides for compensation in respect of job related injuries and compensation of non-miners who have OLD. Work on amending ODMWA is underway, although it remains unclear as to what progress will be made in the short- to medium term. COIDA provides for compensation payments to workers suffering permanent disabilities which are classified as pension liabilities if the permanent disability is above a certain threshold, or a lump sum compensation payment if the permanent disability is below a certain threshold. ODMWA provides for a lump sum compensation payment to workers suffering from OLD as well as the payment of medical expenses over the claimant’s lifetime. If the proposed amendments to ODMWA were to occur, this could further increase the amount of statutory compensation that miners employed by AngloGold Ashanti could claim, which consequently could have an adverse effect on AngloGold Ashanti’s financial condition.

In 2019, the Johannesburg High Court approved the settlement of existing silicosis and tuberculosis class actions against AngloGold Ashanti and other gold mining companies in South Africa. Please refer to “Item 8A: Consolidated Financial Statements and Other Financial Information-Legal Proceedings-South Africa-Silicosis and tuberculosis litigation”.

In addition to OLD, AIDS and associated diseases remain major health care challenges faced by AngloGold Ashanti’s South African operations. AngloGold Ashanti continues to implement programmes to help those infected with HIV and prevent new infections from spreading. Since 2001, the company has offered a voluntary counselling and HIV testing programme for employees in South Africa and, since 2003, has offered anti-retroviral therapy to HIV positive employees who meet the current medical criteria and who desire this treatment. Over the past 10 years, the incidence of new infections has declined.

Malaria and other tropical diseases also pose health risks at all of the company’s operations in Central, West and East Africa where such diseases may assume epidemic proportions because of ineffective national control programmes. Malaria is a major cause of death in young children and pregnant women but also gives rise to deaths and absenteeism in adult men. All affected company operations have malaria control programmes in place.

Other conditions such as heart disease, chronic diseases and obesity are of increasing incidence and concern. Such diseases impair the health of workers and negatively affect productivity and profitability as a result of workers’ diminished focus or skill, absenteeism, treatment costs and allocated resources.

AngloGold Ashanti cannot guarantee that any current or future medical programme will be successful in preventing or reducing the injury and illness rates amongst its employees or in affecting consequent morbidity or mortality rates. AngloGold Ashanti may incur significant costs in addressing this issue in the future, which could also adversely impact the company’s results of operations and financial condition.


ANGLOGOLD ASHANTI GLOBAL OPERATIONS: 2019


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Operations and projects
 Obuasi Iduapriem
 
Sulphide
Treatment Plant

 
Alternate Ore
Treatment Plant

 Iduapriem Plant
Capacity (000 tonnes/month)180
 90
 418
AMERICASCONTINENTAL AFRICASOUTH AFRICA
1
Argentina4
Guinea9
South Africa
 
Cerro Vanguardia (92.5%)(1)
 Siguiri (85%) 
Mponeng(6)
2
Brazil5
Mali 
Surface Operations(6)
 Serra Grande 
Morila (40%)(5)
  
 AGA Mineração 
Sadiola (41%)(3)
  
3
Colombia6
Ghana  
 Gramalote (51%) IduapriemAUSTRALIA
 La Colosa 
Obuasi(4)
10
Australia
 
Quebradona(2)
7
DRC Sunrise Dam
   
Kibali (45%)(5)
 Tropicana (70%)
 8
Tanzania  
   Geita  
      

Percentages indicate the ownership interest of AngloGold Ashanti. All operations are 100%-owned unless otherwise indicated.
(1)
Sale process ongoing (at an advanced stage).
(2)
In 2019, the company’s joint venture partner’s, B2Gold Corp, minority shareholding was converted to a share of profits. Likely to be a copper mine producing gold and silver as by-products.
(3)
Agreement and sale announced December 2019.
(4)
Obuasi's redevelopment project began in 2019.
(5)
Kibali and Morila are managed and operated by Barrick Gold Corporation (Barrick).
(6)
Agreement and sale announced post year end in February 2020.


OPERATING PERFORMANCE

Group description

AngloGold Ashanti, an independent, global gold mining company with a globally diverse, high-quality portfolio of operations and projects, is headquartered in Johannesburg, South Africa. Measured by production, AngloGold Ashanti is the third largest gold mining company in the world.

Our portfolio of 14 operations in nine countries excluding our South African assets and Sadiola mine which are held for sale, includes long-life operating assets with differing ore body types located in key gold-producing regions around the world. These operating assets were supported by three greenfields projects in a tenth country (Colombia) and a focused global exploration programme.

Our operations and projects are grouped into the following regions: Continental Africa, South Africa, Americas and Australia.

The most significant project milestone achieved during the year was the pouring of first gold at the Obuasi Mine in Ghana on 18 December 2019, bringing Phase 1 of the Redevelopment Project to a conclusion on time and within budget.

Processes to sell assets in Mali, South Africa and Argentina progressed during the year. On 23 December 2019, the Company announced that it had reached an agreement to sell its interest in the Sadiola Mine, and on 12 February 2020, the Company announced that it had reach an agreement with Harmony Gold Mining Company Limited to sell all its remaining South African producing assets and related liabilities. In Argentina, the sales process related to Cerro Vanguardia continues.

AngloGold Ashanti’s operations and joint ventures employed, on average, 34,263 people (including contractors) in 2019 (2018: 44,249). The 23% decrease in employees is mostly due to the reduction of employee numbers in the South Africa region as a result of the restructuring of the South African operations in 2019.

Performance (including discontinued operations)

In 2019, AngloGold Ashanti produced attributable 3.3 million ounces (Moz) of gold (2018: 3.4Moz) as well as 3.7Moz of silver and 199 tonnes of sulphuric acid as by-products.

Production of 3.3 Moz of gold was achieved at a cost of sales of $3.1 billion and an all-in sustaining cost of $ 1,034/oz for subsidiaries and $767/oz for equity accounted joint venture operations compared to a production of 3.4Moz in 2018 at a cost of sales of $3.2 billion and all-in sustaining cost of $1,000/oz for subsidiaries and $820/oz for equity accounted joint venture operations.

Gold
The AngloGold Ashanti gold Ore Reserve reduced from 44.1Moz in December 2018 to 43.8Moz in December 2019. This gross annual decrease of 0.3Moz includes depletion of 3.7Moz. The increase after depletions of 3.4Moz, results from additions due to exploration and modelling changes of 3.6Moz, changes in economic assumptions of 0.4Moz and a change in ownership of 0.1Moz. Other factors resulted in a 0.7Moz reduction.

Copper
The AngloGold Ashanti copper Ore Reserve increased from 1.26Mt (2,769Mlbs) in December 2018 to 1.39Mt (3,068Mlbs) in December 2019. This gross annual increase of 0.14Mt includes an increase of 0.07Mt due to methodology and 0.07Mt due to change in ownership from 94.876% to 100% as B2Gold’s shareholding has been converted to a share of profits.

Capital expenditure, including equity accounted joint ventures, in 2019 amounted to $814 million (2018: $721 million).

Safety

There were no fatalities across the group’s operations in 2019. The all injury frequency rate was 3.31 per million hours worked compared to 4.81 in 2018. Regrettably, there have been four fatalities across the group’s operations post year-end resulting from a seismic event as well as a tramming accident at the Mponeng mine in South Africa.

CONTINENTAL AFRICA


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AngloGold Ashanti had seven mines in the region during 2019, four of which are currently in operation and two treating tailings. The redevelopment of the Obuasi mine in Ghana began in 2019 and first gold was poured in December 2019. The sale of Sadiola was announced on 23 December 2019.

 
Attributable gold production
(000oz)
 
Average number of  
employees  

Subsidiary operations   
Ghana   
Iduapriem275
 1,801
Obuasi2
 2,924
Guinea   
Attr. Siguiri 85%213
 3,056
Tanzania   
Geita604
 5,066
 
Joint venture operations
Democratic Republic of the Congo   
Attr. Kibali 45%366
 2,239
Mali   
Attr. Morila 40%27
 354
Attr. Sadiola 41%51
 346

Continental Africa - Key Statistics
 Unit 2019
 2018
 2017
Subsidiary operations       
Tonnes treated/milledMt 19.1
 19.5
 20.3
Pay limitoz/t 0.039
 0.040
 0.038
 g/t 1.330
 1.372
 1.130
Recovered gradeoz/t 0.060
 0.049
 0.054
 g/t 1.77
 1.69
 1.84
Gold production (attributable)000oz 1,094
 1,060
 1,093
Cost of sales$m 1,173
 1,127
 1,071
Total cash costs (1)
$/oz 801
 813
 686
All-in sustaining costs (1)
$/oz 947
 941
 909
Capital expenditure$m 359
 246
 290
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 0.62
 0.51
 0.28
People       
Average no of employees: Total  12,847
 11,490
 10,268
Permanent employees  4,939
 4,625
 4,523
Contractors  7,908
 6,865
 5,745

(1) Includes Obuasi gold production in 2019, capitalised as part of the project development.
 Unit 2019
 2018
 2017
Joint venture operations       
Tonnes treated/milledMt 7.5
 7.8
 7.7
Pay limitoz/t 0.037
 0.041
 0.045
 g/t 1.255
 1.403
 1.528
Recovered gradeoz/t 0.060
 0.053
 0.047
 g/t 1.85
 1.81
 1.10
Gold production (attributable)000oz 445
 452
 360
Cost of sales$m 428
 480
 441
Total cash costs (1)
$/oz 657
 680
 819
All-in sustaining costs (1)
$/oz 767
 820
 1,087
Capital expenditure$m 51
 67
 119
Safety       
Number of fatalities(2)
  0
 0
 0
AIFR (2)
Per million hours worked 0.65
 0.29
 1.25
People       
Average no of employees: Total  2,939
 3,343
 3,325
Permanent employees  1,192
 1,072
 944
Contractors  1,747
 2,271
 2,381

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.
(2)Excludes Morila and Kibali which are managed by Barrick and not AngloGold Ashanti.


Production and costs

Production from the Continental Africa region subsidiaries increased to 1.094Moz in 2019 compared to 1.060Moz in 2018. The joint venture operations decreased production to 445Moz compared to 452Moz in 2018. The increase was largely due to record production at Iduapriem, and good performance at Geita.

Gold production at Iduapriem was 8% higher at a record 275,000oz compared to 254,000oz in 2018, primarily a result of a 14% improvement in plant feed. The grade improvement was driven by better grade control and access to Cut 1 area in the Teberebie pit where stripping commenced in 2017. Production was impacted by a 5% year-on-year decline in tonnage throughput due to lower plant availability owing to an unstable power supply from the national grid in the first half of the year and mill downtime in the last quarter of the year to repair a cracked trunnion journal on Sag Mill 2. The power supply challenge has since been resolved by changing over to Volta River Authority (VRA) and Ghana Grid Company.

Geita produced 604,000oz in 2019, the highest level in 13 years, 7% higher compared to 564,000oz in 2018. The operation is transitioning to predominantly underground operations, with a 10% increase in recovered grades achieved on the back of additional flexibility in the blending strategy resulting in improved recovery rates. Record quarterly production of 208,000oz was achieved in the last quarter of the year, largely a result of the higher volumes of tonnes treated and higher-grade material from Star & Comet Cut 3.

Production at Siguiri declined 12% to 213,000oz in 2019. This compares with production of 242,000oz in 2018. The lower production was mainly due to lower plant feed grade and recovery which is related to the ROM 3 crushing plant low performance and material feed blend to the plant. This was a result of a slower ramp-up than anticipated following the completion of the carbon-in-leach (CIL) combination plant integration during the year. By year-end, quarterly production had improved as the processing challenges from the treatment of harder rock material through the plant had been addressed.

At Kibali, production increased 1% to a record of 366,000oz in 2019 (2018: 363,000oz), a result of the ramp up in underground mining, which partially offset the 9% decrease in tonnes treated due to the planned reduction in open pit mining. The mine delivered higher volumes of underground tonnes as the shaft operated in line with design specifications for the full year. Total volume of undergound ore hoisted was 15% higher year-on-year.

Sadiola continued to process the stockpile and optimise costs, producing 51,000oz in 2019. This compares to 59,000oz in 2018, a 13% decrease. The end of mining activities and the depletion of full grade ore stockpiles in 2018 led to a higher proportion of marginal grade ore from the stockpiles being fed to the plant in 2019.

Morila’s production decreased 8%, as planned, to 27,000oz in 2019 compared to 30,000oz in 2018, following the completion of satellite pit mining at the start of the first half of the year. Production was also impacted by a 16% decrease in recovered grade as the mine continued to treat tailings material. This was partially offset by a 9% increase in tonnes treated compared to the previous year. The mine is expected to continue treatment of mineralized waste ore, augmented by higher grade ore from targeted mining areas, for the next year, after which the mine will transition to full closure.

Cost of sales and all-in sustaining costs (AISC) for the subsidiary operations in the region increased to $1,173 million and $947/oz for 2019, respectively, a result of higher operating costs due to lower production at Siguiri, offset by lower costs at Geita following the transition to underground mining, as well as cost savings achieved from reagent optimisation at both Geita and Iduapriem. Cost of sales and AISC for the joint venture operations decreased due to lower operating costs at Sadiola and Morila as they wind down operations.

The drive for continuous cost improvements through the Operational Excellence programme is well entrenched across all sites and disciplines in the region. The focus remains on delivering systemic and sustainable operational improvements in the management of the region’s stay-in-business projects.

Capital expenditure

Total capital expenditure for the region increased in line with planned inward investment in growth projects, particularly at Obuasi where $246 million was spent in the redevelopment of the project. Underground Ore Reserve development projects continued at Geita, for Star & Comet and Nyankanga, and at Obuasi. These projects will provide access to ore bodies identified for future gold extraction. The balance of the capital spend was used for capitalised exploration and stay-in-business projects to improve asset reliability across our mines to ensure safe, risk-free mining and production.

Safety

There were no fatalities in the Continental Africa region in 2019, with the last fatal injury having been recorded in October 2015. The region saw a regression from the previous year, primarily due to an increased number of injuries associated with the redevelopment project currently underway at Obuasi in Ghana.

Ore Reserve

The total attributable Continental Africa Region Ore Reserve was 17.93 million ounces (2018: 16.33 million ounces). This amounts to 41 percent of the group’s Ore Reserve.

Growth and improvement

Commissioning of the Siguiri CIL combination plant was completed in 2019 with the mill achieving design throughput consistently. Optimisation of the circuit is now underway. The pre-feasibility study was completed for Block 2 Project, and it is expected that the feasibility study will be completed by end of the second quarter in 2020. Evaluation of Siguiri Block 2 and the trucking of oxide material to the existing process plant to displace marginal ore was completed. The aim is to improve the mine’s ounce profile and potentially extend its life of mine. Permits for construction of the new haul road have been received and the mining permit application is currently in progress.

At Geita, the development of Nyankanga Block 1 Portal began in December 2019 to accelerate mining in Blocks 1 and 2 following the delay in permitting for Geita Hill.

Development of Geita’s Star & Comet and Nyankanga underground operations continued during the year. Approximately 4,568m of development was completed during the year to access new areas for stope mining and further exploration. Open pit mining at Nyankanga will reach the end of its economic life during 2020. Surface exploration continued at Selous, a satellite pit 2.4km from Star & Comet, to supplement the underground operation in the near term.

At Iduapriem waste stripping for Teberebie Cut 1 was completed and ore was mined from Teberibie Cut 1, Cut 3, Ajopa and Block 3. Stripping in Cut 2 is expected to start during the first half of 2020 to deliver ore in 2021 when Cut 1 ore is depleted. Brownfields drilling continued at the Ajopa pit and open pit mining has been extended to Cut 3 to supplement ore from the larger Teberebie pit. Major brownfield exploration drilling continued at Blocks 7 and 8, Ajopa and Block 1 to improve the mine’s future ounce profile and potentially extend the life of mine.

The pre-feasibility studies for the new tailings storage facility (TSF) and return water dam (RWD) sites were completed. A related feasibility study is planned to be completed in 2020. Construction sites were identified and land access compensation and engagement with the relevant government authorities began for the permitting of the new facilities. In the second half of 2019 the mine undertook a feasibility study to consider treatment options to discharge excess water efficiently on the current greenfield tailings storage facility, the completion of which is expected in 2020.

The Obuasi Redevelopment Project has progressed well. There is a strong focus on safety. The project remains on schedule and within budget. Phase 1 of the project, which set up the plant to achieve a daily processing rate of 2,000t of ore, was completed. Phase 2, which aims to expand plant capacity to 4,000t a day, will continue through 2020. The civil engineering work is progressing well with most orders having already been placed. First blast underground, signalling the start of underground development, took place on 11 February 2019 and the first stope blast was in October 2019. This indicated the start of ore production, albeit on a limited scale, and was followed by the first pour of gold on 18 December 2019, demonstrating the successful implementation of the plan to redevelop Obuasi into a modern, mechanised mining operation, following the suspension of mining activities five years ago.

At Kibali, the Kalimva-Ikamva prefeasibility study was completed, delivering another viable opencast project. This will help balance the mine’s open cast/underground ore ratio and enhance mine plan flexibility. Drilling at Gorumbwa highlighted future underground potential and ongoing conversion drilling at KCD is delivering reserve replenishment. The mine is well placed to meet its 10-year production targets and extend them beyond this horizon.

SOUTH AFRICA


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After extensive restructuring of this region, at 31 December 2019, the region has two operations:

West Wits: Mponeng
Surface operations

Post-year end, on 12 February 2020, it was announced that an agreement had been reached to sell all our remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited. The transaction, which is subject to several conditions precedent, is expected to be concluded on or about 30 June 2020.

 
Gold production
(000oz)

 
Average number of  
employees  

Operations
South Africa   
  1.   West Wits
   
Mponeng244
 4,944
  2.   Surface operations (1)
175
 2,031
(1)
Includes MWS for purposes of this annual report. It is operated and managed as a separate cash-generating unit.

South Africa Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 35.1
 34.9
 38.9
  Pay limit (1) 
oz/t 0.33
 0.44
 0.43
 g/t 11.90
 16.11
 15.97
  Recovered grade (1) 
oz/t 0.183
 0.219
 0.202
 g/t 5.69
 6.82
 6.93
Gold production (2)
000oz 419
 487
 903
Cost of sales$m 479
 590
 1,129
  Total cash costs (3) 
$/oz 981
 1,033
 1,085
  All-in sustaining costs (3) 
$/oz 1,132
 1,178
 1,245
Capital expenditure$m 57
 73
 150
Safety       
Number of fatalities  0
 2
 7
AIFRPer million hours worked 10.00
 10.25
 12.68
People       
Average no of employees: Total  6,975
 17,308
 26,245
Permanent employees  6,202
 15,557
 22,738
Contractors  773
 1,751
 3,507
(1)
Refers to underground operations only.
(2)
Includes production ounces from the technology development programme in 2017.
(3)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.


Production and costs

The South Africa region produced 419,000oz, 14% lower than the previous year, at a cost of sales of $479 million and a total cash cost of $981/oz in 2019, largely due to limitations in face length availability which impacted grades following high seismicity at Mponeng. Production was also impacted by intermittent electricity due to Eskom load shedding and seismicity related safety stoppages.

Mponeng mine produced 244,000oz at a cost of sales of $287 million and a total cash cost of $976/oz in 2019, an 8% decrease in production compared to 265,000oz at a cost of sales of $320 million and a total cash cost of $977/oz in 2018. The 2019 year marked the first full year in which shift arrangements at Mponeng were implemented.

The shift arrangement represents a paradigm shift in the evolution of the mine. This has resulted in significant improvements in both safety and productivity. Employees have responded positively to the new schedule, resulting in a 36% year-on-year improved safety performance (AIFR) and a 15% uplift in productivity.

Production of 175,000oz at Surface Operations improved for the year driven by a 3% increase in production at MWS, driven by improved recoveries with the introduction of the Aachen Shear reactor and other initiatives aimed at enhancing efficiencies.

The main drivers for the improved delivery at the Surface Operations were primarily:
Improved throughput from better operational performance delivery by the contractor; stabilised duty cycle of the communication circuits
A change in strategy to process Mponeng marginal ore dumps (MOD) through the Savuka gold plant;
General metallurgical process efficiencies; and
Implementation of grid sampling and grade profiling strategy.

The impact of inclement weather remained significant during 2019. A remote reclamation project is currently underway with the aim of reducing inclement weather disruptions to production. The current situation at Eskom also remains a concern as MWS is not able to fully function on emergency power and therefore any interruptions caused by Eskom directly impacts on production activities.

Costs benefitted from operating efficiencies as well as a weaker rand/dollar exchange rate, resulting in a 19% year-on-year decrease in cost of sales and a 5% year-on-year decrease in total cash cost. This was partially offset by lower gold output from the region.

Cost reduction initiatives aimed at calibrating both on- and off-mine cost structures progressed well through the year in line with our focus on Operational Excellence.

All-in-sustaining costs for the region were $1,132/oz (cost of sales $479 million), down 4% despite the headwinds related to production and inflationary pressures. The region successfully delivered on its targeted cost savings initiatives for 2019.

Through our Operational Excellence initiatives, cost and capital management remained a key priority as we continue to maintain asset integrity and safety performance. Project initiatives include a wide array of activities aimed at improving metallurgical recoveries and throughput and cost saving initiatives. Operational Excellence began at Mponeng in 2019 and included working to increase face length availabilities, improve recovery and mine call factors, reduce power consumption, and optimise capital spend.

Capital expenditure

Total capital expenditure for the region was $57 million, compared to $73 million in 2018. This was mainly spent on the completion of the Phase 1 project, ore reserve development (ORD) work, as well as the Mponeng life-of-mine extension feasibility study. Sustaining capital expenditure was spent on a variety of stay-in-business projects and the rehabilitation work related to the Carbon Leader project.

Safety

There were no fatalities in the South Africa region in 2019, the region’s safest year on record. The AIFR was10.00 for the year, an improvement year-on-year. Safety interventions have included changes in planning and information systems, the introduction of a new way of mining, and a change in shift arrangements as of November 2018. Regrettably, there have been four fatalities in the South Africa region post year-end resulting from a seismic event as well as a tramming accident at the Mponeng mine.

Ore Reserve

As at 31 December 2019, the total Ore Reserve for the South African region was 15.5Moz (2018: 16.8Moz). This is equal to 35 percent of the Group’s Ore Reserve.


THE AMERICAS

americasa05.jpg




The Americas region has three mining operations, featuring both open pit and underground mining (one in Argentina and two in Brazil) as well as two advanced greenfields projects in Colombia.
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
  1.     Argentina
   
Cerro Vanguardia (Attr. 92.5%)225
 1,698
  2.    Brazil
   
AGA Mineração362
 4,885
Serra Grande123
 1,531


Americas - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 7.2
 6.8
 7.5
Pay limitoz/t 0.11
 0.12
 0.10
 g/t 3.79
 4.14
 3.58
Recovered gradeoz/t 0.089
 0.103
 0.102
 g/t 3.04
 3.55
 3.49
Gold production (Attributable)000oz 710
 776
 840
Silver (attributable)Moz 3.4
 5.9
 5.8
Cost of sales$m 822
 838
 987
Total cash costs (1)
$/oz 736
 624
 638
All-in sustaining costs (1)
$/oz 1,032
 855
 943
Capital expenditure (2)
$m 195
 176
 234
Safety       
Number of fatalities  0
 1
 0
AIFRPer million hours worked 3.50
 3.97
 3.29
People       
Average no of employees: Total  8,114
 7,973
 8,511
Permanent employees  5,869
 5,755
 5,888
Contractors  2,245
 2,218
 2,623

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.
(2)
100 percent, (not attributable) and includes Colombia.

Production and costs

Total production for the Americas region in 2019 declined 8% to 710,000oz compared to 776,000oz in 2018, a result of production declines at all three operations.

At AGA Mineração, performance at Cuiabá was hindered by poor ground conditions where, to ensure safe production, the rate of mining was slowed while a new surface support regime and mining sequencing were explored. Leading internal and external rock engineering experts were engaged to advise and subsequently mesh surface support installed to rehabilitate accessways and new controls and mine sequencing were introduced. Early indicators show these new controls to be successful and condition monitoring will continue as mining progresses in the deeper, higher grade areas.

At the Córrego do Sítio complex, geological model changes, open pit licence delays for the Rosalino orebody, geotechnical issues and unexpected heavy rains in the last two months of the year delayed development and mining of the planned open pit mining areas.

At Serra Grande, the slightly lower production level in 2019 was due to lower feed grades, particularly in the second half of the year, and reduced drilling productivity and fleet availability. This was partially offset by higher tonnage treated following the Mina III pushback.

Cerro Vanguardia’s production was negatively affected in the second half of the year by the planned lower grades mined and a 42% decline year-on-year in silver production. This was partially compensated for by higher average silver price.

Cost of sales for the region for the year were $822 million in 2019 (2018: $838 million). The total cash cost for the region for the year was $736/oz in 2019 (2018: $624/oz) and AISC were $1,032/oz (2018: $855/oz). The increased costs were largely due to the decline in ounces sold, reduced silver by-product revenue from Cerro Vanguardia and inflation. The inflationary pressures which affected both Argentina and Brazil, included increases in wages, operational materials, this coupled with impact of changes in the estimation of rehabilitation provisions estimation for the Brazilian operations as required by the new legislation. This was slightly offset by weaker currencies (Argentinean peso and Brazilian real).

Capital expenditure

Total capital expenditure for the region was $195 million, compared to $176 million in 2018, with the increase largely driven by higher spend in Colombia on feasibility study work at Quebradona. Sustaining capital expenditure was spent mainly on Ore Reserve development at underground operations in Brazil and Argentina. At Cerro Vanguardia, capital expenditure for the year was spent primarily on development work and larger trucks to increase hauling and loading capacity, and to ultimately improve productivity.

Serra Grande is our only operation in Brazil with an upstream TSF. Following implementation of new legislation in Brazil, the current dam, which has a reinforced wall, will be converted to dry stacking. As this was part of the mine plan, the process will be accelerated and decommissioning is expected to begin in September 2021.

Safety

There were no fatalities in the Americas region in 2019. Safety improved overall with an AIFR of 3.84 recorded for the year.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Americas region was 7.2 million ounces (2018: 7.1 million ounces). This is approximately 17 percent of the group’s total Ore Reserve.

Growth and improvement

In Brazil, the strategy is to enhance mining flexibility and predictability by investing in Ore Reserve development, along with Mineral Resource and Ore Reserve conversions. More brownfields exploration is planned to increase reserves and related confidence levels. This work will be vital in the upcoming year.

During 2019, Serra Grande transitioned to full owner development and development metres achieved increased by 10% compared to 2018 levels. At Cuiabá a new international contractor in the Brazilian market was signed on in March 2019 and has to date delivered a 28% year-on-year increase in metres developed.

Cuiabá is also investigating the potential of new orebodies and a plan for deepening the mine. At Córrego do Sítio (CdS) the focus is to re-open the CdS II underground mine. Along with a focus on resource conversion and stabilising production, Córrego do Sítio will invest in looking at the potential of CdS III and the Rosalino open-pit expansion.

At Serra Grande, Palmeiras South underground mine is expected to commence delivering ounces in the first half in 2020.

In Argentina, Cerro Vanguardia, which has been in operation for over 20 years, is expected to see a reduction in grades from the open pit mines and lower contributions from silver compared to the previous years’ levels. To sustain the production plan, exploration will focus on converting new and already existing blue sky tangible and Inferred Resources into Indicated category around current pits and underground operations in the main production zone. The exploration plan includes 25,000m of diamond drilling hole campaign, channels, trenches and geophysics surveys, among others.



AUSTRALIA

australia.jpg
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
Australia   
1.   Sunrise Dam254
 570
2.   Tropicana 70%360
 570
AngloGold Ashanti’s Australian assets comprise the wholly owned Sunrise Dam and the 70 percent-owned Tropicana Gold mine located in the north-eastern goldfields of the state of Western Australia.
Australia - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 10.1
 9.5
 9.4
Pay limitoz/t 0.06
 0.07
 0.06
 g/t 1.95
 2.10
 1.84
Recovered gradeoz/t 0.060
 0.065
 0.061
 g/t 1.87
 2.01
 1.89
Gold production (attributable)000oz 614
 625
 559
Cost of sales$m 632
 622
 551
  Total cash costs (1) 
$/oz 730
 762
 743
  All-in sustaining costs (1)
$/oz 990
 1,038
 1,062
Capital expenditure$m 149
 156
 153
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 7.33
 9.14
 8.53
People       
Average no of employees: Total  1,140
 1,051
 974
Permanent employees  249
 238
 226
Contractors  891
 813
 748

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.



Production and costs

The Australia region produced 614,000oz in 2019 compared to 625,000oz 2018. The 2% drop in year-on-year production was largely the result of lower underground mined volumes and grades at Sunrise Dam. Sunrise Dam experienced operational challenges in the middle of the year with limited stope flexibility and paste fill delays, which resulted in lower underground volumes and grades. However, mining flexibility improved in the fourth quarter of 2019 as larger stopes came online, resulting in a record production from underground for the fourth quarter. A substantial exploration programme is underway to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. Critical for success at Sunrise Dam is increasing flexibility to ensure consistently high underground tonnages are available to displace lower-grade surface stockpiles. Strategic drill platforms have been established to facilitate systematic exploration of the down plunge extents of the Vogue mineralised system, while also testing areas to the north and south that could generate additional work areas. The objective of the drilling is to provide data to facilitate Ore Reserve conversion and increase confidence and reliability in the two- to five year planning horizon.

At Tropicana, production at 360,000oz for the year, was 7% higher year-on-year. Higher mill throughput, which set new records in December 2019, offset lower feed grades in the second half of the year and contributed to the increase in gold production. Annual tonnes mined also broke site records in 2019. The Tropicana open pit was completed during the year and mining continued in the Havana South, Havana and Boston Shaker pits. It is planned that open pit mining will be focused on the Havana pit in 2020.

The region’s cost of sales and AISC were $632 million and $990/oz in 2019, respectively, compared to $622 million and $1,038/oz for 2018, respectively. Despite the 2% lower production delivered in the region for the year, a strong focus on operational excellence coupled with a weaker exchange rate contributed to a 4% drop in total cash costs and a 5% drop in AISC compared to 2018. Tropicana’s total cash costs declined due to higher volumes, and improved efficiencies partially offset by unfavourable grades, royalties and inflation while total cash costs at Sunrise Dam were negatively impacted by lower efficiencies, lower grade and inflation. Operational excellence work included a successful trial of autonomous open-pit blast hole drilling, which indicated significant productivity gains could be achieved by converting all six drill rigs to autonomous operation. Autonomous operation can improve drill use by enabling their continued operation within the exclusion zone during blasting, so extending drill bit life and reducing the number of operators needed.

Capital expenditure

Total capital expenditure for the region was $149 million in 2019 compared to $156 million in 2018. Capital expenditure at Tropicana increased by $29 million predominately due to the start of the Boston Shaker underground growth project ($21 million). An increase in waste stripping capital expenditure due to the scheduling of open pit cutbacks was partially offset by a reduction in stay-in-business capital. Capital expenditure at Sunrise Dam reduced by $35 million due to lower Ore Reserve development and stay-in-business capital expenditure. Several key infrastructure projects, such as the expansion of the tailings storage facility and the upgrade to the ventilation system were completed in 2018 resulting in a $25 million year-on-year reduction in stay-in-business capital expenditure when compared to 2019.

Safety

Safety performance improved for the Australia region in 2019, continuing a positive trend since the commissioning of Tropicana in 2013. At Tropicana, the site ended the year with a record safety performance in terms of the AIFR and the lost-time injury frequency rate (LTIFR), achieving 14 months without a lost-time injury. At Sunrise Dam, the AIFR and LTIFR both increased marginally from 2018, although the severity of injuries was minor.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Australia region was 3.2 million ounces (2018: 3.8 million ounces). This is approximately seven percent of the group’s total Ore Reserve.

Growth and improvement

At Sunrise Dam, the underground exploration programme initiated in the second half of 2019 is expected to take two years. The programme is designed to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. By the end of the year six underground diamond drill rigs were in operation testing various targets including the southern strike extensions of the Midway Shear Steeps (MSS) and Elle and areas to the south of the current Vogue Indicated Resource. Surface diamond drilling will target southern extensions of Vogue.

Drilling results returned in 2019 identified extensions of Vogue mineralisation over an approximate 180m strike length; southern extensions to the Midway Shear (MWS) Steeps ore domains, approximately 190m south of the current Indicated Resource; and potential repetition of the MWS Steeps ore domains, approximately 100m east of the current Indicated Resource. Drilling also intersected mineralisation 500m to the south down plunge of the Mineral Resource, suggesting the continuation of the Vogue orebody.


Development of the Boston Shaker underground mine at Tropicana began in May 2019 and at year-end the project was on track to deliver high-grade ore in mid-2020 as planned. The decision to go ahead with the project was announced in March 2019 following board approval and after a feasibility study confirmed that underground mining was technically and financially viable, demonstrating robust economics with an anticipated internal rate of return of 39% for a capital investment of $79.3 million.

Boston Shaker is expected to contribute higher-grade mill feed, resulting in an improved gold production profile and enhanced cash flow, during 2021-2023 when the mine plan includes periods of higher waste stripping in the Havana open pit.

The feasibility study was based on the mining of 6.58 million tonnes, grading 3.84g/t, assuming the systematic conversion of Mineral Resources to Ore Reserves over the life of the mine. The average underground mining rate will be approximately 1.1Mtpa (including development) over an eight-year mine life to 2026 to produce a total of 732,000oz. Mining methods will comprise conventional mechanised mining and underhand sublevel open stoping.

The two raised bore holes required for ventilation and emergency egress were tracking ahead of schedule by year end, and underground development of 1,640m was ahead of plan. Underground reverse circulation grade control drilling began in October. Recruitment of the underground workforce is progressing as planned and the underground operation remains on track to deliver first gold in the second half of 2020. Operational excellence work is focused on remote bogging, the mechanical operator-controlled digging of ore from surface, and on optimising level spacing and extraction ratios.


EXPLORATION REVIEW

Our exploration is focused on two of our strategic focus areas: creating value by providing long-term optionality and improving portfolio quality. Our exploration programme covers greenfields and brownfields exploration.

These strategic objectives are met by:

Greenfields exploration which aims to discover large, high-value Mineral Resource, which will eventually lead to the development of new gold mines; and

Brownfields exploration which focuses on delivering value through accretive additions to the Ore Reserve at existing mines as well as new discoveries in defined areas around operations. Brownfields exploration actively drives the creation of value by growing our Mineral Resource and Ore Reserve, our major assets. The brownfields exploration programme is based on innovation in geological modelling and mine planning, and continual optimisation of our asset portfolio.

In 2019, $62 million was spent on greenfields exploration and $95 million on brownfields exploration.

Greenfields exploration

5,500km2 of highly prospective ground was explored in two countries – Australia and the United States – along with licence applications and other ground positions in Argentina,Brazil and Tanzania. In total, more than 71km of diamond, reverse circulation (RC) and aircore (AC) drilling was completed in 2019.

In Australia, in the Laverton district, AngloGold Ashanti completed the 70% earn-in at the Butcher Well and Lake Carey JV. The Butcher Well scoping study was updated by integrating the drilling results from the second half of 2018. Elsewhere in Laverton, a total of 49,200m of aircore drilling and 4,486m of diamond drilling was completed on several joint venture and non- joint venture projects.

Diamond drilling programmes were also completed at the Mt Clark prospect in North Queensland (nine holes for 2,748m) and the Glandore prospect, located 60km east of Kalgoorlie in Western Australia (six holes for 1,846m), with no positive results derived.

In the United States, at the Silicon project in Nevada, 8,008m of RC and 3,300m of diamond drilling were completed in 2019. The programme followed up on and further developed understanding of the alteration system intersected in earlier drilling as well as testing other favourable litho-structural targets within the Silicon-Thompson structural corridor. An induced polarization (IP) survey was also completed along with ground magnetic and gravity surveys. The second-year anniversary payment was made to Renaissance Gold during the period to maintain the option earn-in agreement into the third and final year in 2020.

Also in the United States, in Minnesota, roto-sonic drilling was completed over several target areas with 54 holes completed for a total of 1,619m. Since the results from the programme were not encouraging, work has stopped. AngloGold Ashanti returned all the mineral leases to the state of Minnesota.

In Argentina and Tanzania, exploration properties are on care and maintenance. Target generation activities were completed in Brazil and West Africa.

Brownfields exploration

Brownfields exploration was carried out in nine countries in and around AngloGold Ashanti operations. A total of 877,630m of Diamond and RC drilling was completed during the year.

South Africa: Exploration continued with one-hole drilled at Mponeng’s Western Ultra Deep Levels targeting the Ventersdorp Contact Reef. Drilling was stopped due to capital constraints and the final site clearance/closure certificate signed off in June.

Argentina: At Cerro Vanguardia, due to budget constraints, exploration was focused on mapping, surface sampling and ground geophysical surveys.

Brazil:At AGA Mineração, in the Iron Quadrangle, a total of 263,345m was drilled. At Cuiabá, the underground drilling programme focused on Fonte Grande and Serrotinho (upright limb), Balancão and Galinheiro (overturned limb). A long-inclined borehole drilling project was successfully completed. Positive results with significant intercepts were reported for secondary targets including the quartz vein project (VQZ) and Viana.

Regionally, drilling at the Descoberto target is ongoing and has produced encouraging observations. Land access was granted in October 2019 to allow the Matarelli target drill programme to commence. A trial unmanned aerial vehicle (UAV) magnetic survey was successfully completed at Matarelli and a more comprehensive survey covering the Matarelli and Tinguá targets is planned. A detailed geological map and associated cross sections were produced over the Tinguá target area ahead of a geochemical soil
programme planned for early 2020.


At Lamego, drilling focused on confirming the continuity of Carruagem in a south-westerly direction (both limbs) from levels 1 to 5. Drilling also took place at Cabeça de Pedra (hinge zone), which reported high grades and indicated that the orebody remains open.

Drilling at Córrego do Sítio (CdS) tested the Rosalino open pit. At CdS I, underground drilling in Laranjeiras and Carvoaria confirmed the Mineral Resource and indicate good prospectivity for high grades in Carvoaria. In the ‘Gold Quadrangle’ area of Candeias-Cristina, Mutuca, Cachorro Bravo and Pneu, drilling supported Mineral Resource additions in the area.

At CdS II, drilling in the shallow north-east portion of São Bento confirmed the continuity of the mineralised structure in that direction. The Remaining Ounces project identified potential areas for high-grade ore within old mining areas. At CdS III, a sterilization drilling campaign is underway and one positive intercept suggests the extension of the Anomalia and Jambeiro target trends.

A total of 128,888m was drilled at Serra Grande. Exploration drilling at Pitanga, Palmeiras South, Mangaba, Corpo IV, V and Limoeiro resulted in the addition of Mineral Resource. The mine acquired the Palmeiras South area in late 2018 which contains the southern extension of all mineralised trends; subsequent drilling during 2019 returned positive results along Structure 3.5.

The Pitanga orebody was discovered along Structure III close to Mina Nova mine. The reinterpretation of existing orebodies at Corpo IV, Corpo V and Limoeiro supported exploration drilling and led to new ounce generation. Target generation focused on assessing shallow opportunities and using interpreted S2 stacking behaviour to identify new potential areas to test in 2020.

Colombia:Limited exploration activities were completed at Gramalote. RC drilling started at Trinidad in October 2019 and diamond drilling at Gramalote in November with no results reported to date. The La Colosa project continued on care and maintenance following the cessation of all field activities in April 2017.

At Quebradona, a total of 10,494m was drilled, focusing on geotechnical programmes for site infrastructure, the tunnel trace, the mine subsidence area and the crusher chamber. Geological and structural models were updated for infrastructure sites, the tunnel and mine area.

Tanzania: At Geita, a total of 96,407m of drilling was completed in 2019.

The overall results for Star & Comet Cut 2 Mineral Resource drilling were positive. While exploratory drilling results identified no economic intersections, interpretation and review are ongoing. The Star & Comet Cut 3 Mineral Resource drilling results confirmed the down-dip continuity. Extension drilling at Star & Comet Cut 2 and Cut 3 confirmed the presence of open-ended high-grade mineralisation along the hanging wall and footwall sides of the intrusive, suggesting that the Cut 2 and Cut 3 orebodies might join and become one.

Mineral Resource development drilling programmes for Nyankanga underground were carried out at Blocks 3, 4 and 5 as well as in the gap area between Block 2 and 3. All results were positive.

Three of eight holes in the surface drilling programme at the Star & Comet North Extension returned lower grades than previous data. Results from surface drilling completed at Selous confirmed the orebody extensions inside and outside the pit margins. While exploratory surface drilling at Mabe delineated localised orezones of medium to high grade.

At Geita Hill, underground Blocks 1 and 2 drilling results defined low-grade mineralised zones. Drilling initiated at the Roberts deposit confirmed the presence and potential of economic ore zones within and outside the optimised pit.

Guinea: At Siguiri, a total of 74,939m was drilled during the year.

Kami drilling has shown that the mineralisation extends into the fresh rock and into oxide in Kami East saddle. Bidini drilling has shown that the mineralisation extends to the east of the pit in oxide. Silakoro West drilling was completed and confirmed the mineralisation.

Silakoro North drilling intersected mineralisation associated with disseminated sulphides. Foulata East drilling results show unmineralised albitite, while the main Foulata drillholes indicate the potential extension of mineralisation at depth and along the trend. Advanced grade control (AGC) drilling at Foulata confirmed the model.

At Saraya, drilling confirmed the extension of shallow mineralisation to the north and deeper along the plunge. The Saraya AGC drilling confirmed the model despite defining thicker internal waste intervals. At Seguelen PB2 drilling confirmed the extension of the mineralisation in the fresh rock.

The Sanu Tinti infill drilling crossed potentially mineralised breccioconglomerates layers. At Niono, reconnaissance drilling showed weak potential for oxide mineralisation. The Doko, Block 4, reconnaissance drill programme is now 48% complete with some economic intersection.

At Balato North, Saraya West EL and Setiguiya West reconnaissance drilling showed negative results. Field visits and reviews confirmed the potential of the Carbonate Hills (East and Central) targets.


Ghana: At Iduapriem, a total of 21,279m of drilling was completed in 2019. Exploration focused on Mineral Resource conversion drilling at Block 1, Ajopa, Efuanta and Block 4S. Regional mapping of the hydrothermal targets commenced during the year as well as auger drilling at Mile 8 and Mile 5W targets.

At Obuasi, drilling started on 27 May 2019 with capital drilling on 41 level, grade control drilling on 17 and 22 levels, and expensed exploratory drilling in the GCS top area.

The 41-level drill programme completed 7,921m of combined RC and diamond drilling. Two multi-purpose RC/diamond rigs are being used to accelerate data acquisition and reduce costs. The grade control programme drilled 3,480m and showed continuity of the Obuasi fissure in terms of grade and structure. The 5,475m of exploratory drilling indicated potential in the footwall splays.

Democratic Republic of the Congo: A total of 25,210m was drilled at Kibali during the year.

The drilling results at Gorumbwa-Sessenge gap support the continuity of the mineralisation from Gorumbwa into the gap.

At Ikamva, drilling observations support the model while at Ikamva-East, the drilling programme was completed, and the results returned support the consistency of the two lenses. Two holes were drilled into the Kalimva-Ikamva Hinge zone with results supporting the model of a potential link between the two structures.

Results also suggest the presence of other shoots pertaining to the Kalimva system.

The orientation drilling programme along the Zakitoko-Birindi trend was completed and indicate an extension down dip and along strike. A data review of the Aindi area was conducted leading to identification of four zones of interest.

In the Oere-Kalimva Gap, the drilling programme is complete and indicates no mineralisation within the gap. While in the Mofu-Oere gap, a trenching programme showed weak results from surface that increase down dip and plunge.

Eight trenches were excavated in the Mandungu-Memekazi-Renzi trend with overall results supporting the model and the trenching programme at Memekazi Northeast, returning results that support the potential of the area.

At Sayi, the results support the model and continuity of the interpreted mineralisation. While drilling in the Sayi-Mengu gap returned narrow intercepts. Results from the Renzi trenching programme support the model, though they are relatively low grade, while the Oere drilling results support the presence of highgrade domains within the mineralisation envelope.

A soil sampling programme in the KZ South area returned results supporting potential for a mineralised system. At Pakaka, drilling results from the hole furthest southeast support a consistently thin high-grade mineralisation along the sheared contact observed in the pit.

Mali: No drilling was completed in 2019.

Australia:At Sunrise Dam, six underground rigs were in use during the period, with most drilling taking place at Vogue, Midway Shear (MWS) Steeps and Elle, as well as at Stella (Target 18) and Steeps below Sunrise Shear Zone (Target 01). Commissioning of a seventh underground rig took place during November and an eighth rig was commissioned in December 2019.

One surface rig was in operation, targeting the southern extensions of the deposit from surface, 520m and 360m south of the current Ore Reserve from the Cleo waste dump.

At Tropicana, mine drilling consisted of infill drilling at Havana to upgrade the Mineral Resource confidence and assist in the mining option studies. Significant results were returned from the infill drilling at Havana, as well as encouraging results from drilling at Havana South down-dip.

Regional drilling was concentrated at Iceberg, Tumbleweed, New Zebra, Angel Eyes Voodoo Child, Wild Thing, Electra, Mojito and Monsoon. Regional drilling produced an important result from RC drilling at Voodoo Child that indicates mineralisation is present ca. 500m along strike from the defined prospect.

Projects

Colombia: The greenfields projects in Colombia make a significant contribution to AngloGold Ashanti’s Mineral Resource with La Colosa, Quebradona and Gramalote collectively contributing 38.5Moz. Quebradona and Gramalote contribute 4.3Moz to the gold Ore Reserve. Quebradona also has a copper Ore Reserve of 3,068Mlbs. Both Quebradona and Gramalote are at various stages of feasibility study while the La Colosa project is currently under force majeure, pending the necessary environmental permits.

The Gramalote project, a joint venture between AngloGold Ashanti and B2Gold Corp (B2Gold) in Colombia, lies on the eastern flank of the Cordillera Central, near the towns of Providencia and San Jose del Nus in the municipality of San Roque, in the north-west of the Antioquia Department. It is approximately 230km north-west of Bogota and about 120km north-east of Medellin.


In September 2019, AngloGold Ashanti announced that an agreement had been reached with B2Gold, under which B2Gold would fund an investment and exploration programme in 2020 to the value of $13.9 million, in order to earn back to a 50:50 partnership and assume management of the project effective 1 January 2020. Completion of the feasibility study for Gramalote is targeted for the end of 2020. The project has several key infrastructure advantages including reliable water supply, its close proximity to key infrastructure and a technically capable workforce in country.

As per the agreement, B2Gold assumed management of the Gramalote joint venture on 1 January 2020. On 21 January 2020, B2Gold announced positive results from the updated preliminary economic assessment (PEA) for the Gramalote Ridge deposit, a part of the Gramalote project. The PEA updates and enhances previous studies on the Gramalote project in several areas.

B2Gold is currently completing approximately 42,500m of infill drilling at Gramalote Ridge to convert the existing Inferred Mineral Resource to the Indicated category, and 7,645m geotechnical drilling for site infrastructure.

The Gramalote joint venture will continue to advance community resettlement programmes, establish coexistence programmes for small artisanal miners, to work on health, safety and environmental projects and to continue to work with government and local communities on social programmes.

B2Gold, as manager, plans to continue to complete and submit the feasibility work by 31 December 2020. The main work programme for feasibility is infill drilling to confirm and upgrade the Inferred Mineral Resource to the Indicated category.

The Environmental Impact Study and Project Implementation Plan for the Gramalote project have been fully approved by the National Authority of Environmental Licences of Colombia. Due to necessary modifications to the processing plant and infrastructure locations, a Modified Environment Impact Study and a Modified Project Implementation plan were submitted and are currently in the final stages of approval. If the final economics of the feasibility study are positive and the joint venture makes the decision to develop Gramalote as an open pit gold mine, B2Gold would use its proven internal mine construction team to build the mine and mill facilities, and operate the mine on behalf of the joint venture.

The Quebradona deposit is located approximately 104km south-west from Medellin, Antioquia Department and is a porphyry-related, copper-gold mineralised stock work system, located within the Western Cordillera of Colombia. Until 2019, the project was a joint venture with B2Gold (5.7% and diluting) and AngloGold Ashanti (94.3% and operator). During 2019, the 5% dilution threshold was reached and the parties entered into a royalty agreement in which B2Gold transferred the minority interest in the joint venture to AngloGold Ashanti in exchange for a royalty fee during production.

During the year, AngloGold Ashanti continued with the exploration programme, with the key aim of developing the feasibility study, completing and submitting the environmental and construction licence requests (filled in November 2019), and securing the land required for project implementation. The Quebradona project is an attractive business case of ca. 8.7Moz gold equivalent, with required capital investment estimated at around ca. US$1billion and an internal rate of return at approval stage of 15% (meeting our required hurdle rate). 2020 will be a critical year for the project, with an estimated investment of approximately $64 million, targeted at the following key milestones:
Complete the feasibility study and present it to the board for approval in November 2020;
Obtain the environmental and construction licence by November 2020; and
Complete the process of securing the land for project implementation.

The La Colosa project is located approximately 150km west of Bogota in the Tolima Department. It is a very large porphyrystyle gold deposit discovered by the Colombia greenfields exploration team in 2006. The project is 100% owned by AngloGold Ashanti. The project comprises a singular large deposit likely in excess of 28.45Moz of mineral resources and endowment. The project’s pre-feasibility study began in 2010 and was formally put on care and maintenance in April 2017. A second-time force majeure was granted pending the approval of environmental permits. The force majeure is expected to be renewed in June 2020 if the conditions associated with the environmental licence permits remain.



4C.ORGANISATIONAL STRUCTURE

GROUP STRUCTURE

AngloGold Ashanti’s operations are divided into the following regions:
South Africa – West Wits and surface operations;
Continental Africa – operations in Ghana, Guinea and Tanzania and joint venture operations in the DRC and Mali;
Australia – operations in Australia; and
Americas – operations in Argentina and Brazil, and exploration projects in Colombia.
The above four regions also correspond to AngloGold Ashanti’s four business segments.

Day-to-day management of the group is entrusted to AngloGold Ashanti’s executive management team, chaired by the Chief Executive Officer. See “Item 6: Directors, Senior Management and Employees”.

Support is provided to the executive management team in managing AngloGold Ashanti’s corporate activities at both the central and local levels.

SUBSIDIARIES

AngloGold Ashanti Limited has investments in principal subsidiaries and joint venture interests, see “Item 19: Exhibits – Exhibit 19.8 Principal subsidiaries and operating entities at 31 December 2019” for details.

4D.PROPERTY, PLANTS AND EQUIPMENT

For more information about AngloGold Ashanti’s mines, including as to the company’s mining rights and licences refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine”.

Mine, operation and business unit are used interchangeably. Percentages indicate the ownership interest held by AngloGold Ashanti. All operations are 100 percent owned unless otherwise indicated.

AngloGold Ashanti’s operating mines are all accessible by road.

CONTINENTAL AFRICA

AngloGold Ashanti has seven mining operations within the Continental Africa region. Mining is from both open pit and underground, with Obuasi being an underground mine in a redevelopment phase, Iduapriem, Siguiri, Morila and Sadiola being open pit mines, and Kibali and Geita being a combination of open pit and underground mines.

DEMOCRATIC REPUBLIC OF THE CONGO (DRC)
Description
Kibali Gold Mine, located in the north-eastern part of the DRC near the international borders with Uganda and South Sudan,is the sole operation in the DRC.

DRC - Kibali
Description
The Kibali Gold Mine is a joint venture (JV) between AngloGold Ashanti (45 percent), Barrick Gold Corporation (45 percent) and Société Miniere de Kilo-Moto SA UNISARL (SOKIMO), a state-owned gold company owning the balance. Kibali is operated by Barrick Gold Corporation. The mine is located adjacent to the village of Doko, which is located in the west of the project area. Kibali is approximately 210 kilometres by road from Arua, on the Ugandan border and immediately north of the district capital of Watsa.

The operational area falls within the administrative territory of Watsa in Haut Uélé province. The operation comprises both open pit and underground mining. First gold was poured in September 2013 from the open pit operations. Development of the underground mine commenced in 2013. The first underground development ore was mined in 2013 and stoping commenced in 2015.Initial production was via a twin decline from surface. From 2018 onwards, the majority of ore was hoisted up the shaft. The decline to surface is used to haul some of the shallower zones and to supplement shaft haulage. The underground mine has both a ramp and shaft system, with the shaft reaching a depth of 740 metres. Kibali has a processing plant capable of producing an average of 600koz of gold per annum by treating 7.2Mtpa. The current processing plant can treat both oxide and fresh sulphide material and is configured for flotation and ultra-fine grind of the flotation concentrate, a treatment that is required for the sulphide ore type before leaching. Power to the mine is self generated by a combination of hydroelectric and diesel generators.

The Mineral Resource and Ore Reserve are covered by exploitation permits (11447, 11467, 11468, 11469, 11470, 11471, 11472, 5052, 5073 and 5088) totalling 1,836km2. The Kibali Gold Mine was granted the 10 exploitation permits under the applicable DRC mining code, seven of which are valid until 2029 and three of which are valid until 2030.

Geology
The Kibali Gold Mine is located within the Moto Greenstone Belt, which consists of Archean Kibalian volcano-sedimentary rocks and ironstone-chert horizons that have been metamorphosed to greenschist facies.

The combined Karagba, Chauffeur and Durba (KCD) deposit is host to the majority of the currently defined Mineral Resource and Ore Reserve, as well as the current open pit and underground mining operations. KCD is hosted within a mineralised corridor that also hosts the Sessenge, Gorumbwa and Pakaka deposits and a number of exploration prospects.

The known deposits of the Kibali project are hosted along a reactivated thrust plane that creates plunging lodes of mineralisation as exemplified by the KCD deposit. The majority of gold mineralisation identified to date is disseminated style, hosted within a sequence of coarse volcaniclastic and sedimentary rocks. The mineralisation is generally stratigraphically bound and associated with carbonate-silica-albite alteration with minor sulphide.

GHANA
Description
AngloGold Ashanti has two mines in Ghana: Obuasi, currently in a redevelopment phase, is an underground mine and Iduapriem is an open pit mine.


Ghana – Iduapriem

Description
Iduapriem, wholly owned by AngloGold Ashanti since September 2007, comprises the Iduapriem and Teberebie properties on a 105km2 concession. The mine, which began operations in 1992, is situated in the western region of Ghana, some 85 kilometres70km north of the coastal city of Takoradi and eight kilometresapproximately 10km southwest of the town of Tarkwa.

Iduapriem is an open-pita multiple open pit operation that currently sources ore from the Ajopa and Block 7 and 8 pits. The Iduapriem treatment plant has two semi-autogenous grinding mills and two ball mills which run in two parallel circuits, each with a semi-autogenous grinding mill and a ball mill. The carbon-in-pulp plant has a capacity of 5.1Mtpa. Power is supplied to the mine by the Volta River Authority (VRA) and its processing facilities includeGridCo.

Iduapriem comprises the Iduapriem, Ajopa North and South and Teberebie mining leases on a Carbon-in-pulp (CIP) plant.139.77km2 concession. Applications have been submitted to the minerals authority for the renewal of the mining permits which, according to Ghanaian law, allows for the continuation of mining on the expired leases while the renewal process is in progress. The environmental certificate for the project expired in October 2017. However, the 2017- 2020 Environmental Management Plan (EMP), which is required for to renew the certificate, was submitted on 6 April 2017. Comments were received by the mine from the Environmental Protection Agency (EPA) in June 2017 together with invoices for payment of the permit fees for the certificate. AAIL submitted the revised EMP (with the EPA’s comments addressed) to the EPA on 10 August 2018 and made the required payments. The certificate is still pending at the time of writing this annual report. The Ghanaian Chamber of Mines is currently engaging with the environmental authorities (EPA) on behalf of the company and other sister mines whose certificates and other permits are outstanding. There is a reasonable basis to conclude that all permits required for the project will be obtained.

Geology
The Iduapriem and Teberebie properties are located along the southern end of the Tarkwa basin. The mineralisation is contained in the Banket Series of quartz pebble conglomerates, breccia conglomerates and metasediments within the Proterozoic Tarkwaian System of Proterozoic age.System. The outcropping Banket Series of rocks in the mine area form prominent, arcuate ridges extending southwards from Tarkwa, westwards through Iduapriem and northwards towards Teberebie. The gold is hosted within the conglomerates.

Ghana - Obuasi

Description
Obuasi, wholly owned by AngloGold Ashanti since 2004, is currently in a care and maintenance phase and finalising a feasibility study to restart operations, it is located in the Ashanti Region of Ghana, some 320260 kilometres north-west of the capital Accra and approximately 60 kilometres south of Kumasi.

Mining operations are primarily underground, to a depth of 1.5 kilometres. Obuasi originally openedstarted production in 1897.1897, was placed on limited operations towards the end of 2014, and on care and maintenance from 2016. Some aspects of the mine continued under limited operational conditions, including the development of the underground decline. A favourable feasibility study was completed in 2017 and indicated a strong technical and economical case with an anticipated 20-year mine life. In 2018, approval was received from the AngloGold Ashanti board to proceed with the project. The redevelopment project, to establish Obuasi as a modern, efficient, mechanised, underground operation, commenced in late 2018 and the first gold was poured late in 2019.

Phase 1 of the project, which set up the plant to achieve a daily processing rate of 2,000t of ore, was completed. Phase 2, which aims to expand plant capacity to 4,000t a day will continue through 2020. Existing infrastructure includes a 2.4Mtpa processing plant with flotation and bacterial oxidation (BIOX), underground development, hoisting shafts and associated infrastructure, power and water reticulation, office complexes, workshops and company housing estates. Power is supplied to the minesmine by the Volta River Authority (VRA) and the transmission is done by the GridCo Company.GridCo.



The Mineral Resource and Ore Reserve are covered by the Obuasi Concession comprising 152.6km2 and the Binsere Concession parts 1, 2 and 3 comprising 48.86km2. The mining concessions, which expire on 5 March 2054, are covered by a Development Agreement and Tax Concession Agreement with the government of Ghana.

Geology
The gold deposits at Obuasi are part of a prominent gold belt of Proterozoic (Birimian) volcano-sedimentary and igneous formations which extend for a distance of approximately 300 kilometres in a north-east/south-west trend in south‑western Ghana. Obuasi mineralisation is shear-zone related and there are three main structural trends hosting gold mineralisation: the Obuasi trend, the Gyabunsu trend and the Binsere trend.

Two main ore types are mined:
quartz veins which consist mainly of quartz with free gold in association with lesser amounts of various metal sulphides such asof iron, zinc, lead and copper. The gold particles are generally coarse-grained and occasionally visible to the naked eye. This ore type is generally non-refractory; and

sulphide ore which is characterised by the inclusion of gold in the crystal structure of a sulphide material. The gold in these ores is fine-grained and often locked in arsenopyrite. Higher gold grades tend to be associated with finer grained arsenopyrite crystals. Other prominent minerals include quartz, chlorite and sericite. Sulphide ore is generally refractory.


REPUBLIC OF GUINEA (GUINEA)

Description
Siguiri a multiple open-pit gold mine which opened in 1997,Gold Mine is AngloGold Ashanti’s sole operation in Guinea.

Guinea - Siguiri
Description
Siguiri Gold Mine is 85 percent owned and operated by AngloGold Ashanti and 15 percent by the Republicgovernment of Guinea. It is located in the district of Siguiri. The mineSiguiri is located approximately 520850 kilometres north-northeast of Conakry, 25 kilometres northwest of the town of Siguiri and 190220 kilometres southeast of the Malian capital Bamako, near the Mali boarder. ConventionalMalian border.

Siguiri is currently a multi-pit oxide gold mining activities are performedoperation, operated by contractors in multiple open pits using conventional techniques. On surface, Siguiri’s golda contract miner. Processing of the ore is done by a hybrid carbon-in-leach (CIL) circuit processing plant treats about 981,000 tonnes per month.converted from carbon-in-pulp (CIP) in 2018. The plant is capable of treating 50% hard ore post the commissioning a new ball mill and 3 stage crushing plant in Q1 of 2019. The original processing facility was designed to process soft ore only and was successfully optimised to reach an average throughput of 11.8Mtpa. Power to the mine is self-generated.

AngloGold Ashanti holds an 85 percent interest in Siguiri and the balance of 15 percent is held bymined under licence from the government of Guinea. The Mineral Resource and Ore Reserve are covered by SAG mining concession D/97/171/PRG/SGG, totalling 1,494.5km2. The original SAG concession was granted under the Convention de Base between the République de Guinée and SAG signed on 4 August 1997. The concession is to be explored and mined exclusively for gold, silver and diamonds by SAG for 25 years from the date of the agreement, until 4 August 2022. An updated concession was negotiated with the government in 2016. The Convention de Base will guide the renewal of the mining concession in 2022. The SAG concession was granted under a new amended Convention de Base between the République de Guinée and SAG signed on 28 June 2016 and ratified by the Guinean parliament on 13 December 2016. The Convention de Base was ratified by the constitutional court and published in the Journal Officiel of the Republic of Guinea on 24 January 2017. Dependent on the submission of the necessary renewal documentation on, or before, 4 March 2022, the concession is to be explored and mined exclusively for gold, silver and diamonds by SAG for 25 years from the date of agreement to 13 December 2041.

Geology
ThisThe concession is dominated by Proterozoic Birimian rocks which consist of turbidite facies sedimentary sequences. The two main types of gold deposits which occur in the Siguiri basin and are mined are:
laterite mineralisation (CAP) which occurs as surficial aprons of colluvium or as palaeo‑channels of alluvial lateritic gravel adjacent to, and immediately above in-situ deposits; and
in-situ quartz-vein related mineralisation hosted in meta-sediments with the better mineralisation associated with vein stockworks that occurs preferentially in the coarser, brittle siltstones and sandstones.

The mineralised rocks have been deeply weathered to below 100 metres in places to form saprolite mineralisation (oxide). With the percentage of available oxide ore decreasing, a feasibility study to considerinvestigate the exploitation of the fresh rock material was completed in December 2015. The CIL combination plant conversion project will upgrade the current plant and enable processing of a combination of oxides and fresh rock material.began in 2017. The plant throughputconversion will remain at 12Mtpa with a flexible design allowing upallow the mine to 6Mtpa fresh rock to be processed. Targeted fresh rock pits include Kami, Bidini, Tubani, Sintroko, Seguelentreat six million tonnes of sulphate ore and Sokuno. The feasibility study has been approved by AngloGold Ashanti, AGA has concluded successful negotiations with the Governmentsix million tonnes of Guineaoxide ore. Construction was completed in March 2019 and commissioning of different sections of the Convention de Base and access to the required areas has been received. The projectplant is currently under construction and expected to commission towards the end of 2018.underway.


MALI
Description
AngloGold Ashanti has interests in threetwo operations in Mali, namely, Sadiola Yatela and Morila. It manages twooperates one of these two operations, SadiolaSadiola. AngloGold Ashanti previously had interests in Yatela, but entered into a sales agreement in February 2019 with the state of Mali, subject to several conditions precedent being fulfilled. Morila is in the final phase of closure and Yatela.the Mineral Resource and Ore Reserve have been written off.

Mali - Summary of metallurgical operations
MorilaSadiola
Capacity (000 tonnes/annum)3.7Mt4.9Mt

Mali – Morila

Description
AngloGold Ashanti has an effective 40 percent stake in Morila, as does Randgold Resources Limited (which manages the mine)Barrick Gold Corporation (operator). The state of Mali owns the remaining 20 percent.

The Morila mine has operated since 2001 and is situated 280 kilometres southeast of Bamako, the capital of Mali. When mining concluded in 2009 with the depletion of the orebody, operations at Morila transitioned to stockpile and tailings retreatment. The

plant treats 4.3Mtpa and incorporates a conventional CIL process with an upfront gravity section to extract the free gold. Power is supplied by a subcontractor.

Geology
The Morila deposit is hosted in a flat lying fold structure which rises sharply to surface in the south and west. The deposit occurs within a sequence Birimian metal-arkoses of amphibolite metamorphic grade. Mineralisation is characterised by silica-feldspar alteration and sulphide mineralisation consists of arsenopyrite, pyrrhotite, pyrite and chalcopyrite.

Mali - Sadiola

Description
DescriptionThe mine is a joint venture between AngloGold Ashanti (41 percent) and IAMGOLD (41 percent) and the government of Mali (18 percent).and an agreement for the sale of Sadiola was announced in December 2019. The transaction is subject to the fulfilment, or waiver, of a number of conditions precedent, including the receipt of certain approvals and releases from the Government of Mali.

The Sadiola mine is situated in western Mali, 77 kilometres to the south of the regional capital of Kayes and about 440 kilometres north-west of the capital city of Bamako. The mine is a joint venture between AngloGold Ashanti (41 percent) and IAMGOLD (41 percent) andproperty lies within the government of Mali (18 percent). Galam Bambouk gold area, which straddles the Mali-Senegal border close to the border with Guinea.

The Sadiola gold deposit has been mined by the Société d’Exploitation des Mines d’Or de Sadiola S.A. (SEMOS) since 1996. Mining reduced considerably to adaptdue to the 2014 gold price decrease but continued predominantly in various satellite pits. On-site surface infrastructure includes a 5.0Mta CIP gold plant, where the oregold is eluted and smelted. Power to the Sadiola mine is self-generated.

From 1996 until 2010, oxide and transitional ore from the Sadiola Hill pit was the primary ore source for the mine while being increasingly supplemented from the outlying satellite pits during the latter years. From 2011 when the Sadiola Main pit was mined out, the satellite pits became the dominant source of oxide and transitional ore. Sadiola ceased mining during 2018 and transitioned to a stockpile treatment plan. A project is currently under consideration to minefeasibility study for the underlyingSadiola Sulphide Project (SSP), which looked at mining and processing the sulphide ore, was completed in 2016. However, a decision to proceed remains on hold while awaiting the conclusion of negotiations with the government. The oxide mining activities were completed in early 2018. While awaiting the decision, the operation continues to process stockpiled oxide material.

SEMOS is bound by the original prospecting and upgradeexploitation agreement (including its subsequent legal modifications) entered into on 5 April 1990 between AGEM Limited (AGEM) and the processing plantstate of Mali, valid for the original mineral commodities until 5 April 2020. The identity number of the current exploitation area, DECRET No 00-080/PM-RM DU 06 MARS 2000 is a modification of all previous exploitation areas. Sadiola is operated under the license DECRET No 00-080/PM-RM DU 06 MARS 2000 valid from 1 August 1994 to treat the hard sulphide ore.1 August 2024 covering a total area of 303km2. The Company is evaluating the possibility of supplying power to theSSP project through the grid and is negotiating fiscal provisionswill extend operations beyond 2024. Dialogue with the government of Mali.Mali has been ongoing throughout the project study phase and, as such, there are no foreseeable reasons why the amended environmental and social impact assessment (ESIA) and associated approvals should not be approved.

Geology
The Sadiola deposit occurs within an inlier of greenschist facies metamorphosed Birimian rocks known as the Kenieba Window. The specific rocks which host the mineralisation are marbles and greywackes which have been intensely weathered to a maximum depth of 200 metres. As a result of an east-west regional compression event, deformation occurs along a north-south striking marble-greywacke contact, increasing the porosity of this zone. North-east striking structures which intersect the north-south contact have introduced mineralisation, mainly with the marble where the porosity was greatest. The Sadiola Hill deposit generally consists of two zones, an upper oxidised cap and an underlying sulphide zone.

Mali – Yatela

Description
Yatela, operational since 2001, is 80 percent owned by the Sadiola Exploration Company Limited, a joint venture between AngloGold Ashanti and IAMGOLD, giving each a 40 percent stake in Yatela. The balance of 20 percent is owned by the state of Mali.
The Yatela mine, which was a heap leach operation, is situated in western Mali, some 25 kilometres north of Sadiola and approximately 50 kilometres south-southwest of the regional capital Kayes. Ore extraction ceased in September 2013 and processing of the stockpiles and heap leach pads ended in the fourth quarter of 2016. The main activity at Yatela is the implementation of the closure plan in order to relinquish the property. Power to the Yatela operation is self-generated.
Geology
Yatela mineralisation occurs as a keel-shaped body in Birimian metacarbonates. The ‘keel’ is centered on a fault which was the feeder for the original mesothermal mineralisation, with an associated weakly mineralised diorite intrusion. Mineralisation occurs as a layer along the sides and in the bottom of the ‘keel’. The ore dips almost vertically on the west limb and more gently towards the west on the east limb, with tight closure to the south.


TANZANIATHE AMERICAS

Tanzania - Geitaamericasa05.jpg

Description


The Geita goldAmericas region has three mining operations, featuring both open pit and underground mining (one in Argentina and two in Brazil) as well as two advanced greenfields projects in Colombia.
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
  1.     Argentina
   
Cerro Vanguardia (Attr. 92.5%)225
 1,698
  2.    Brazil
   
AGA Mineração362
 4,885
Serra Grande123
 1,531


Americas - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 7.2
 6.8
 7.5
Pay limitoz/t 0.11
 0.12
 0.10
 g/t 3.79
 4.14
 3.58
Recovered gradeoz/t 0.089
 0.103
 0.102
 g/t 3.04
 3.55
 3.49
Gold production (Attributable)000oz 710
 776
 840
Silver (attributable)Moz 3.4
 5.9
 5.8
Cost of sales$m 822
 838
 987
Total cash costs (1)
$/oz 736
 624
 638
All-in sustaining costs (1)
$/oz 1,032
 855
 943
Capital expenditure (2)
$m 195
 176
 234
Safety       
Number of fatalities  0
 1
 0
AIFRPer million hours worked 3.50
 3.97
 3.29
People       
Average no of employees: Total  8,114
 7,973
 8,511
Permanent employees  5,869
 5,755
 5,888
Contractors  2,245
 2,218
 2,623

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.
(2)
100 percent, (not attributable) and includes Colombia.

Production and costs

Total production for the Americas region in 2019 declined 8% to 710,000oz compared to 776,000oz in 2018, a result of production declines at all three operations.

At AGA Mineração, performance at Cuiabá was hindered by poor ground conditions where, to ensure safe production, the rate of mining was slowed while a new surface support regime and mining sequencing were explored. Leading internal and external rock engineering experts were engaged to advise and subsequently mesh surface support installed to rehabilitate accessways and new controls and mine sequencing were introduced. Early indicators show these new controls to be successful and condition monitoring will continue as mining progresses in the deeper, higher grade areas.

At the Córrego do Sítio complex, geological model changes, open pit licence delays for the Rosalino orebody, geotechnical issues and unexpected heavy rains in the last two months of the year delayed development and mining of the planned open pit mining areas.

At Serra Grande, the slightly lower production level in 2019 was due to lower feed grades, particularly in the second half of the year, and reduced drilling productivity and fleet availability. This was partially offset by higher tonnage treated following the Mina III pushback.

Cerro Vanguardia’s production was negatively affected in the second half of the year by the planned lower grades mined and a 42% decline year-on-year in silver production. This was partially compensated for by higher average silver price.

Cost of sales for the region for the year were $822 million in 2019 (2018: $838 million). The total cash cost for the region for the year was $736/oz in 2019 (2018: $624/oz) and AISC were $1,032/oz (2018: $855/oz). The increased costs were largely due to the decline in ounces sold, reduced silver by-product revenue from Cerro Vanguardia and inflation. The inflationary pressures which affected both Argentina and Brazil, included increases in wages, operational materials, this coupled with impact of changes in the estimation of rehabilitation provisions estimation for the Brazilian operations as required by the new legislation. This was slightly offset by weaker currencies (Argentinean peso and Brazilian real).

Capital expenditure

Total capital expenditure for the region was $195 million, compared to $176 million in 2018, with the increase largely driven by higher spend in Colombia on feasibility study work at Quebradona. Sustaining capital expenditure was spent mainly on Ore Reserve development at underground operations in Brazil and Argentina. At Cerro Vanguardia, capital expenditure for the year was spent primarily on development work and larger trucks to increase hauling and loading capacity, and to ultimately improve productivity.

Serra Grande is our only operation in Brazil with an upstream TSF. Following implementation of new legislation in Brazil, the current dam, which has a reinforced wall, will be converted to dry stacking. As this was part of the mine plan, the process will be accelerated and decommissioning is expected to begin in September 2021.

Safety

There were no fatalities in the Americas region in 2019. Safety improved overall with an AIFR of 3.84 recorded for the year.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Americas region was 7.2 million ounces (2018: 7.1 million ounces). This is approximately 17 percent of the group’s total Ore Reserve.

Growth and improvement

In Brazil, the strategy is to enhance mining flexibility and predictability by investing in Ore Reserve development, along with Mineral Resource and Ore Reserve conversions. More brownfields exploration is planned to increase reserves and related confidence levels. This work will be vital in the upcoming year.

During 2019, Serra Grande transitioned to full owner development and development metres achieved increased by 10% compared to 2018 levels. At Cuiabá a new international contractor in the Brazilian market was signed on in March 2019 and has to date delivered a 28% year-on-year increase in metres developed.

Cuiabá is also investigating the potential of new orebodies and a plan for deepening the mine. At Córrego do Sítio (CdS) the focus is to re-open the CdS II underground mine. Along with a focus on resource conversion and stabilising production, Córrego do Sítio will invest in looking at the potential of CdS III and the Rosalino open-pit expansion.

At Serra Grande, Palmeiras South underground mine is locatedexpected to commence delivering ounces in the Lake Victoria goldfields of the Mwanza region of Tanzania, about 120 kilometres west of Mwanza and four kilometres away from the town of Geita. Itfirst half in 2020.

In Argentina, Cerro Vanguardia, which has been in operation since 1996.

The Geita gold minefor over 20 years, is expected to see a multiplereduction in grades from the open pit operation with underground potentialmines and is currently serviced by a 5.1 million tonnes per annum CIL processing plant. Powerlower contributions from silver compared to the mine is self-generated. In 2015,previous years’ levels. To sustain the production plan, exploration will focus on converting new and already existing blue sky tangible and Inferred Resources into Indicated category around current pits and underground mining commenced at Geita withoperations in the developmentmain production zone. The exploration plan includes 25,000m of declinesdiamond drilling hole campaign, channels, trenches and the opening up of stopes below the Star and Comet pit, this was joined in 2017 by the Nyankanga underground. The mine is currently evaluating additional underground options to increase production and extend the mine’s life.

Geology
Geita is a multi- open pit operation with the dominant ore sources being from the Nyankanga and Geita Hill pits. Historically, other pits such as Star and Comet, Matandani and Kukuluma have also contributed to the ore feed. The terrain is Archaean in age and generally characterised by Greenschist metamorphism, although amphibolitic metamorphism occurs in places. Ore zones are usually

associated with Banded Iron Formation (BIF) or other iron rich rocks and typically when they are in contact with intrusive rocks such as diorites. These contacts have been deformed and act as fluid pathways for the mineralising fluids. Gold mineralisation is associated with alteration that includes sulphides such as pyrite and arsenopyrite, whilst other minerals such as hematite, magnetite, quartz, calcite, dolomite, biotite and chlorite also occur.geophysics surveys, among others.



AUSTRALIA

australia.jpg
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
Australia   
1.   Sunrise Dam254
 570
2.   Tropicana 70%360
 570
AngloGold Ashanti’s Australian assets comprise the wholly owned Sunrise Dam and the 70 percent-owned Tropicana Gold mine located in the north-eastern goldfields of the state of Western Australia.
Australia - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 10.1
 9.5
 9.4
Pay limitoz/t 0.06
 0.07
 0.06
 g/t 1.95
 2.10
 1.84
Recovered gradeoz/t 0.060
 0.065
 0.061
 g/t 1.87
 2.01
 1.89
Gold production (attributable)000oz 614
 625
 559
Cost of sales$m 632
 622
 551
  Total cash costs (1) 
$/oz 730
 762
 743
  All-in sustaining costs (1)
$/oz 990
 1,038
 1,062
Capital expenditure$m 149
 156
 153
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 7.33
 9.14
 8.53
People       
Average no of employees: Total  1,140
 1,051
 974
Permanent employees  249
 238
 226
Contractors  891
 813
 748

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.



Production and costs

The Australia region produced 614,000oz in 2019 compared to 625,000oz 2018. The 2% drop in year-on-year production was largely the result of lower underground mined volumes and grades at Sunrise Dam. Sunrise Dam experienced operational challenges in the middle of the year with limited stope flexibility and paste fill delays, which resulted in lower underground volumes and grades. However, mining flexibility improved in the fourth quarter of 2019 as larger stopes came online, resulting in a record production from underground for the fourth quarter. A substantial exploration programme is underway to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. Critical for success at Sunrise Dam is increasing flexibility to ensure consistently high underground tonnages are available to displace lower-grade surface stockpiles. Strategic drill platforms have been established to facilitate systematic exploration of the down plunge extents of the Vogue mineralised system, while also testing areas to the north and south that could generate additional work areas. The objective of the drilling is to provide data to facilitate Ore Reserve conversion and increase confidence and reliability in the two- to five year planning horizon.

At Tropicana, production at 360,000oz for the year, was 7% higher year-on-year. Higher mill throughput, which set new records in December 2019, offset lower feed grades in the second half of the year and contributed to the increase in gold production. Annual tonnes mined also broke site records in 2019. The Tropicana open pit was completed during the year and mining continued in the Havana South, Havana and Boston Shaker pits. It is planned that open pit mining will be focused on the Havana pit in 2020.

The region’s cost of sales and AISC were $632 million and $990/oz in 2019, respectively, compared to $622 million and $1,038/oz for 2018, respectively. Despite the 2% lower production delivered in the region for the year, a strong focus on operational excellence coupled with a weaker exchange rate contributed to a 4% drop in total cash costs and a 5% drop in AISC compared to 2018. Tropicana’s total cash costs declined due to higher volumes, and improved efficiencies partially offset by unfavourable grades, royalties and inflation while total cash costs at Sunrise Dam were negatively impacted by lower efficiencies, lower grade and inflation. Operational excellence work included a successful trial of autonomous open-pit blast hole drilling, which indicated significant productivity gains could be achieved by converting all six drill rigs to autonomous operation. Autonomous operation can improve drill use by enabling their continued operation within the exclusion zone during blasting, so extending drill bit life and reducing the number of operators needed.

Capital expenditure

Total capital expenditure for the region was $149 million in 2019 compared to $156 million in 2018. Capital expenditure at Tropicana increased by $29 million predominately due to the start of the Boston Shaker underground growth project ($21 million). An increase in waste stripping capital expenditure due to the scheduling of open pit cutbacks was partially offset by a reduction in stay-in-business capital. Capital expenditure at Sunrise Dam reduced by $35 million due to lower Ore Reserve development and stay-in-business capital expenditure. Several key infrastructure projects, such as the expansion of the tailings storage facility and the upgrade to the ventilation system were completed in 2018 resulting in a $25 million year-on-year reduction in stay-in-business capital expenditure when compared to 2019.

Safety

Safety performance improved for the Australia region in 2019, continuing a positive trend since the commissioning of Tropicana in 2013. At Tropicana, the site ended the year with a record safety performance in terms of the AIFR and the lost-time injury frequency rate (LTIFR), achieving 14 months without a lost-time injury. At Sunrise Dam, the AIFR and LTIFR both increased marginally from 2018, although the severity of injuries was minor.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Australia region was 3.2 million ounces (2018: 3.8 million ounces). This is approximately seven percent of the group’s total Ore Reserve.

Growth and improvement

At Sunrise Dam, the underground exploration programme initiated in the second half of 2019 is expected to take two years. The programme is designed to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. By the end of the year six underground diamond drill rigs were in operation testing various targets including the southern strike extensions of the Midway Shear Steeps (MSS) and Elle and areas to the south of the current Vogue Indicated Resource. Surface diamond drilling will target southern extensions of Vogue.

Drilling results returned in 2019 identified extensions of Vogue mineralisation over an approximate 180m strike length; southern extensions to the Midway Shear (MWS) Steeps ore domains, approximately 190m south of the current Indicated Resource; and potential repetition of the MWS Steeps ore domains, approximately 100m east of the current Indicated Resource. Drilling also intersected mineralisation 500m to the south down plunge of the Mineral Resource, suggesting the continuation of the Vogue orebody.


Development of the Boston Shaker underground mine at Tropicana began in May 2019 and at year-end the project was on track to deliver high-grade ore in mid-2020 as planned. The decision to go ahead with the project was announced in March 2019 following board approval and after a feasibility study confirmed that underground mining was technically and financially viable, demonstrating robust economics with an anticipated internal rate of return of 39% for a capital investment of $79.3 million.

Boston Shaker is expected to contribute higher-grade mill feed, resulting in an improved gold production profile and enhanced cash flow, during 2021-2023 when the mine plan includes periods of higher waste stripping in the Havana open pit.

The feasibility study was based on the mining of 6.58 million tonnes, grading 3.84g/t, assuming the systematic conversion of Mineral Resources to Ore Reserves over the life of the mine. The average underground mining rate will be approximately 1.1Mtpa (including development) over an eight-year mine life to 2026 to produce a total of 732,000oz. Mining methods will comprise conventional mechanised mining and underhand sublevel open stoping.

The two raised bore holes required for ventilation and emergency egress were tracking ahead of schedule by year end, and underground development of 1,640m was ahead of plan. Underground reverse circulation grade control drilling began in October. Recruitment of the underground workforce is progressing as planned and the underground operation remains on track to deliver first gold in the second half of 2020. Operational excellence work is focused on remote bogging, the mechanical operator-controlled digging of ore from surface, and on optimising level spacing and extraction ratios.


EXPLORATION REVIEW

Our exploration is focused on two of our strategic focus areas: creating value by providing long-term optionality and improving portfolio quality. Our exploration programme covers greenfields and brownfields exploration.

These strategic objectives are met by:

Greenfields exploration which aims to discover large, high-value Mineral Resource, which will eventually lead to the development of new gold mines; and

Brownfields exploration which focuses on delivering value through accretive additions to the Ore Reserve at existing mines as well as new discoveries in defined areas around operations. Brownfields exploration actively drives the creation of value by growing our Mineral Resource and Ore Reserve, our major assets. The brownfields exploration programme is based on innovation in geological modelling and mine planning, and continual optimisation of our asset portfolio.

In 2019, $62 million was spent on greenfields exploration and $95 million on brownfields exploration.

Greenfields exploration

5,500km2 of highly prospective ground was explored in two countries – Australia and the United States – along with licence applications and other ground positions in Argentina,Brazil and Tanzania. In total, more than 71km of diamond, reverse circulation (RC) and aircore (AC) drilling was completed in 2019.

In Australia, in the Laverton district, AngloGold Ashanti completed the 70% earn-in at the Butcher Well and Lake Carey JV. The Butcher Well scoping study was updated by integrating the drilling results from the second half of 2018. Elsewhere in Laverton, a total of 49,200m of aircore drilling and 4,486m of diamond drilling was completed on several joint venture and non- joint venture projects.

Diamond drilling programmes were also completed at the Mt Clark prospect in North Queensland (nine holes for 2,748m) and the Glandore prospect, located 60km east of Kalgoorlie in Western Australia (six holes for 1,846m), with no positive results derived.

In the United States, at the Silicon project in Nevada, 8,008m of RC and 3,300m of diamond drilling were completed in 2019. The programme followed up on and further developed understanding of the alteration system intersected in earlier drilling as well as testing other favourable litho-structural targets within the Silicon-Thompson structural corridor. An induced polarization (IP) survey was also completed along with ground magnetic and gravity surveys. The second-year anniversary payment was made to Renaissance Gold during the period to maintain the option earn-in agreement into the third and final year in 2020.

Also in the United States, in Minnesota, roto-sonic drilling was completed over several target areas with 54 holes completed for a total of 1,619m. Since the results from the programme were not encouraging, work has stopped. AngloGold Ashanti returned all the mineral leases to the state of Minnesota.

In Argentina and Tanzania, exploration properties are on care and maintenance. Target generation activities were completed in Brazil and West Africa.

Brownfields exploration

Brownfields exploration was carried out in nine countries in and around AngloGold Ashanti operations. A total of 877,630m of Diamond and RC drilling was completed during the year.

South Africa: Exploration continued with one-hole drilled at Mponeng’s Western Ultra Deep Levels targeting the Ventersdorp Contact Reef. Drilling was stopped due to capital constraints and the final site clearance/closure certificate signed off in June.

Argentina: At Cerro Vanguardia, due to budget constraints, exploration was focused on mapping, surface sampling and ground geophysical surveys.

Brazil:At AGA Mineração, in the Iron Quadrangle, a total of 263,345m was drilled. At Cuiabá, the underground drilling programme focused on Fonte Grande and Serrotinho (upright limb), Balancão and Galinheiro (overturned limb). A long-inclined borehole drilling project was successfully completed. Positive results with significant intercepts were reported for secondary targets including the quartz vein project (VQZ) and Viana.

Regionally, drilling at the Descoberto target is ongoing and has produced encouraging observations. Land access was granted in October 2019 to allow the Matarelli target drill programme to commence. A trial unmanned aerial vehicle (UAV) magnetic survey was successfully completed at Matarelli and a more comprehensive survey covering the Matarelli and Tinguá targets is planned. A detailed geological map and associated cross sections were produced over the Tinguá target area ahead of a geochemical soil
programme planned for early 2020.


At Lamego, drilling focused on confirming the continuity of Carruagem in a south-westerly direction (both limbs) from levels 1 to 5. Drilling also took place at Cabeça de Pedra (hinge zone), which reported high grades and indicated that the orebody remains open.

Drilling at Córrego do Sítio (CdS) tested the Rosalino open pit. At CdS I, underground drilling in Laranjeiras and Carvoaria confirmed the Mineral Resource and indicate good prospectivity for high grades in Carvoaria. In the ‘Gold Quadrangle’ area of Candeias-Cristina, Mutuca, Cachorro Bravo and Pneu, drilling supported Mineral Resource additions in the area.

At CdS II, drilling in the shallow north-east portion of São Bento confirmed the continuity of the mineralised structure in that direction. The Remaining Ounces project identified potential areas for high-grade ore within old mining areas. At CdS III, a sterilization drilling campaign is underway and one positive intercept suggests the extension of the Anomalia and Jambeiro target trends.

A total of 128,888m was drilled at Serra Grande. Exploration drilling at Pitanga, Palmeiras South, Mangaba, Corpo IV, V and Limoeiro resulted in the addition of Mineral Resource. The mine acquired the Palmeiras South area in late 2018 which contains the southern extension of all mineralised trends; subsequent drilling during 2019 returned positive results along Structure 3.5.

The Pitanga orebody was discovered along Structure III close to Mina Nova mine. The reinterpretation of existing orebodies at Corpo IV, Corpo V and Limoeiro supported exploration drilling and led to new ounce generation. Target generation focused on assessing shallow opportunities and using interpreted S2 stacking behaviour to identify new potential areas to test in 2020.

Colombia:Limited exploration activities were completed at Gramalote. RC drilling started at Trinidad in October 2019 and diamond drilling at Gramalote in November with no results reported to date. The La Colosa project continued on care and maintenance following the cessation of all field activities in April 2017.

At Quebradona, a total of 10,494m was drilled, focusing on geotechnical programmes for site infrastructure, the tunnel trace, the mine subsidence area and the crusher chamber. Geological and structural models were updated for infrastructure sites, the tunnel and mine area.

Tanzania: At Geita, a total of 96,407m of drilling was completed in 2019.

The overall results for Star & Comet Cut 2 Mineral Resource drilling were positive. While exploratory drilling results identified no economic intersections, interpretation and review are ongoing. The Star & Comet Cut 3 Mineral Resource drilling results confirmed the down-dip continuity. Extension drilling at Star & Comet Cut 2 and Cut 3 confirmed the presence of open-ended high-grade mineralisation along the hanging wall and footwall sides of the intrusive, suggesting that the Cut 2 and Cut 3 orebodies might join and become one.

Mineral Resource development drilling programmes for Nyankanga underground were carried out at Blocks 3, 4 and 5 as well as in the gap area between Block 2 and 3. All results were positive.

Three of eight holes in the surface drilling programme at the Star & Comet North Extension returned lower grades than previous data. Results from surface drilling completed at Selous confirmed the orebody extensions inside and outside the pit margins. While exploratory surface drilling at Mabe delineated localised orezones of medium to high grade.

At Geita Hill, underground Blocks 1 and 2 drilling results defined low-grade mineralised zones. Drilling initiated at the Roberts deposit confirmed the presence and potential of economic ore zones within and outside the optimised pit.

Guinea: At Siguiri, a total of 74,939m was drilled during the year.

Kami drilling has shown that the mineralisation extends into the fresh rock and into oxide in Kami East saddle. Bidini drilling has shown that the mineralisation extends to the east of the pit in oxide. Silakoro West drilling was completed and confirmed the mineralisation.

Silakoro North drilling intersected mineralisation associated with disseminated sulphides. Foulata East drilling results show unmineralised albitite, while the main Foulata drillholes indicate the potential extension of mineralisation at depth and along the trend. Advanced grade control (AGC) drilling at Foulata confirmed the model.

At Saraya, drilling confirmed the extension of shallow mineralisation to the north and deeper along the plunge. The Saraya AGC drilling confirmed the model despite defining thicker internal waste intervals. At Seguelen PB2 drilling confirmed the extension of the mineralisation in the fresh rock.

The Sanu Tinti infill drilling crossed potentially mineralised breccioconglomerates layers. At Niono, reconnaissance drilling showed weak potential for oxide mineralisation. The Doko, Block 4, reconnaissance drill programme is now 48% complete with some economic intersection.

At Balato North, Saraya West EL and Setiguiya West reconnaissance drilling showed negative results. Field visits and reviews confirmed the potential of the Carbonate Hills (East and Central) targets.


Ghana: At Iduapriem, a total of 21,279m of drilling was completed in 2019. Exploration focused on Mineral Resource conversion drilling at Block 1, Ajopa, Efuanta and Block 4S. Regional mapping of the hydrothermal targets commenced during the year as well as auger drilling at Mile 8 and Mile 5W targets.

At Obuasi, drilling started on 27 May 2019 with capital drilling on 41 level, grade control drilling on 17 and 22 levels, and expensed exploratory drilling in the GCS top area.

The 41-level drill programme completed 7,921m of combined RC and diamond drilling. Two multi-purpose RC/diamond rigs are being used to accelerate data acquisition and reduce costs. The grade control programme drilled 3,480m and showed continuity of the Obuasi fissure in terms of grade and structure. The 5,475m of exploratory drilling indicated potential in the footwall splays.

Democratic Republic of the Congo: A total of 25,210m was drilled at Kibali during the year.

The drilling results at Gorumbwa-Sessenge gap support the continuity of the mineralisation from Gorumbwa into the gap.

At Ikamva, drilling observations support the model while at Ikamva-East, the drilling programme was completed, and the results returned support the consistency of the two lenses. Two holes were drilled into the Kalimva-Ikamva Hinge zone with results supporting the model of a potential link between the two structures.

Results also suggest the presence of other shoots pertaining to the Kalimva system.

The orientation drilling programme along the Zakitoko-Birindi trend was completed and indicate an extension down dip and along strike. A data review of the Aindi area was conducted leading to identification of four zones of interest.

In the Oere-Kalimva Gap, the drilling programme is complete and indicates no mineralisation within the gap. While in the Mofu-Oere gap, a trenching programme showed weak results from surface that increase down dip and plunge.

Eight trenches were excavated in the Mandungu-Memekazi-Renzi trend with overall results supporting the model and the trenching programme at Memekazi Northeast, returning results that support the potential of the area.

At Sayi, the results support the model and continuity of the interpreted mineralisation. While drilling in the Sayi-Mengu gap returned narrow intercepts. Results from the Renzi trenching programme support the model, though they are relatively low grade, while the Oere drilling results support the presence of highgrade domains within the mineralisation envelope.

A soil sampling programme in the KZ South area returned results supporting potential for a mineralised system. At Pakaka, drilling results from the hole furthest southeast support a consistently thin high-grade mineralisation along the sheared contact observed in the pit.

Mali: No drilling was completed in 2019.

Australia:At Sunrise Dam, six underground rigs were in use during the period, with most drilling taking place at Vogue, Midway Shear (MWS) Steeps and Elle, as well as at Stella (Target 18) and Steeps below Sunrise Shear Zone (Target 01). Commissioning of a seventh underground rig took place during November and an eighth rig was commissioned in December 2019.

One surface rig was in operation, targeting the southern extensions of the deposit from surface, 520m and 360m south of the current Ore Reserve from the Cleo waste dump.

At Tropicana, mine drilling consisted of infill drilling at Havana to upgrade the Mineral Resource confidence and assist in the mining option studies. Significant results were returned from the infill drilling at Havana, as well as encouraging results from drilling at Havana South down-dip.

Regional drilling was concentrated at Iceberg, Tumbleweed, New Zebra, Angel Eyes Voodoo Child, Wild Thing, Electra, Mojito and Monsoon. Regional drilling produced an important result from RC drilling at Voodoo Child that indicates mineralisation is present ca. 500m along strike from the defined prospect.

Projects

Colombia: The greenfields projects in Colombia make a significant contribution to AngloGold Ashanti’s Mineral Resource with La Colosa, Quebradona and Gramalote collectively contributing 38.5Moz. Quebradona and Gramalote contribute 4.3Moz to the gold Ore Reserve. Quebradona also has a copper Ore Reserve of 3,068Mlbs. Both Quebradona and Gramalote are at various stages of feasibility study while the La Colosa project is currently under force majeure, pending the necessary environmental permits.

The Gramalote project, a joint venture between AngloGold Ashanti and B2Gold Corp (B2Gold) in Colombia, lies on the eastern flank of the Cordillera Central, near the towns of Providencia and San Jose del Nus in the municipality of San Roque, in the north-west of the Antioquia Department. It is approximately 230km north-west of Bogota and about 120km north-east of Medellin.


In September 2019, AngloGold Ashanti announced that an agreement had been reached with B2Gold, under which B2Gold would fund an investment and exploration programme in 2020 to the value of $13.9 million, in order to earn back to a 50:50 partnership and assume management of the project effective 1 January 2020. Completion of the feasibility study for Gramalote is targeted for the end of 2020. The project has several key infrastructure advantages including reliable water supply, its close proximity to key infrastructure and a technically capable workforce in country.

As per the agreement, B2Gold assumed management of the Gramalote joint venture on 1 January 2020. On 21 January 2020, B2Gold announced positive results from the updated preliminary economic assessment (PEA) for the Gramalote Ridge deposit, a part of the Gramalote project. The PEA updates and enhances previous studies on the Gramalote project in several areas.

B2Gold is currently completing approximately 42,500m of infill drilling at Gramalote Ridge to convert the existing Inferred Mineral Resource to the Indicated category, and 7,645m geotechnical drilling for site infrastructure.

The Gramalote joint venture will continue to advance community resettlement programmes, establish coexistence programmes for small artisanal miners, to work on health, safety and environmental projects and to continue to work with government and local communities on social programmes.

B2Gold, as manager, plans to continue to complete and submit the feasibility work by 31 December 2020. The main work programme for feasibility is infill drilling to confirm and upgrade the Inferred Mineral Resource to the Indicated category.

The Environmental Impact Study and Project Implementation Plan for the Gramalote project have been fully approved by the National Authority of Environmental Licences of Colombia. Due to necessary modifications to the processing plant and infrastructure locations, a Modified Environment Impact Study and a Modified Project Implementation plan were submitted and are currently in the final stages of approval. If the final economics of the feasibility study are positive and the joint venture makes the decision to develop Gramalote as an open pit gold mine, B2Gold would use its proven internal mine construction team to build the mine and mill facilities, and operate the mine on behalf of the joint venture.

The Quebradona deposit is located approximately 104km south-west from Medellin, Antioquia Department and is a porphyry-related, copper-gold mineralised stock work system, located within the Western Cordillera of Colombia. Until 2019, the project was a joint venture with B2Gold (5.7% and diluting) and AngloGold Ashanti (94.3% and operator). During 2019, the 5% dilution threshold was reached and the parties entered into a royalty agreement in which B2Gold transferred the minority interest in the joint venture to AngloGold Ashanti in exchange for a royalty fee during production.

During the year, AngloGold Ashanti continued with the exploration programme, with the key aim of developing the feasibility study, completing and submitting the environmental and construction licence requests (filled in November 2019), and securing the land required for project implementation. The Quebradona project is an attractive business case of ca. 8.7Moz gold equivalent, with required capital investment estimated at around ca. US$1billion and an internal rate of return at approval stage of 15% (meeting our required hurdle rate). 2020 will be a critical year for the project, with an estimated investment of approximately $64 million, targeted at the following key milestones:
Complete the feasibility study and present it to the board for approval in November 2020;
Obtain the environmental and construction licence by November 2020; and
Complete the process of securing the land for project implementation.

The La Colosa project is located approximately 150km west of Bogota in the Tolima Department. It is a very large porphyrystyle gold deposit discovered by the Colombia greenfields exploration team in 2006. The project is 100% owned by AngloGold Ashanti. The project comprises a singular large deposit likely in excess of 28.45Moz of mineral resources and endowment. The project’s pre-feasibility study began in 2010 and was formally put on care and maintenance in April 2017. A second-time force majeure was granted pending the approval of environmental permits. The force majeure is expected to be renewed in June 2020 if the conditions associated with the environmental licence permits remain.



4C.ORGANISATIONAL STRUCTURE

GROUP STRUCTURE

AngloGold Ashanti’s operations are divided into the following regions:
South Africa – West Wits and surface operations;
Continental Africa – operations in Ghana, Guinea and Tanzania and joint venture operations in the DRC and Mali;
Australia – operations in Australia; and
Americas – operations in Argentina and Brazil, and exploration projects in Colombia.
The above four regions also correspond to AngloGold Ashanti’s four business segments.

Day-to-day management of the group is entrusted to AngloGold Ashanti’s executive management team, chaired by the Chief Executive Officer. See “Item 6: Directors, Senior Management and Employees”.

Support is provided to the executive management team in managing AngloGold Ashanti’s corporate activities at both the central and local levels.

SUBSIDIARIES

AngloGold Ashanti Limited has investments in principal subsidiaries and joint venture interests, see “Item 19: Exhibits – Exhibit 19.8 Principal subsidiaries and operating entities at 31 December 2019” for details.

4D.PROPERTY, PLANTS AND EQUIPMENT

For more information about AngloGold Ashanti’s mines, including as to the company’s mining rights and licences refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine”.

Mine, operation and business unit are used interchangeably. Percentages indicate the ownership interest held by AngloGold Ashanti. All operations are 100 percent owned unless otherwise indicated.

AngloGold Ashanti’s operating mines are all accessible by road.

CONTINENTAL AFRICA

AngloGold Ashanti has seven mining operations within the Continental Africa region. Mining is from both open pit and underground, with Obuasi being an underground mine in a redevelopment phase, Iduapriem, Siguiri, Morila and Sadiola being open pit mines, and Kibali and Geita being a combination of open pit and underground mines.

DEMOCRATIC REPUBLIC OF THE CONGO (DRC)
Description
Kibali Gold Mine, located in the north-eastern part of the DRC near the international borders with Uganda and South Sudan,is the sole operation in the DRC.

DRC - Kibali

Description
The Kibali Gold Mine is a Jointjoint venture (JV) between AngloGold Ashanti (45 percent), Randgold Resources LimitedBarrick Gold Corporation (45 percent) withand Société Miniere de Kilo-Moto SA UNISARL (SOKIMO), a state-owned gold company owning the balance. Randgold Resources is the operator.

Kibali is located in the north-eastern part of the DRC near the international borders with Uganda and Sudan.operated by Barrick Gold Corporation. The mine is located adjacent to the village of Doko, which is located in the west of the project area. Kibali is approximately 210 kilometres by road from Arua, on the Ugandan border and immediately north of the district capital of Watsa.

The operationsoperational area falls within the administrative districtterritory of Watsa in Haut Uélé province. The operation comprises both open pit and underground mining. First gold was poured in Orientale Province. Power to the mine is self-generated. Gold production began in the fourth quarter ofSeptember 2013 from the open pit operations andoperations. Development of the underground miningmine commenced in 2014. It has2013. The first underground development ore was mined in 2013 and stoping commenced in 2015.Initial production was via a processing operation capabletwin decline from surface. From 2018 onwards, the majority of producing an averageore was hoisted up the shaft. The decline to surface is used to haul some of 600koz of gold per annum by treating 7.2Mtpa throughput. The processing plant has a capability of processing both oxidethe shallower zones and sulphide material.

to supplement shaft haulage. The underground mine has both a ramp and shaft system, with the shaft reaching a depth of 751.2m740 metres. Kibali has a processing plant capable of producing an average of 600koz of gold per annum by treating 7.2Mtpa. The current processing plant can treat both oxide and hoisting its firstfresh sulphide material and is configured for flotation and ultra-fine grind of the flotation concentrate, a treatment that is required for the sulphide ore in 2017.type before leaching. Power to the mine is self generated by a combination of hydroelectric and diesel generators.

The Mineral Resource and Ore Reserve are covered by exploitation permits (11447, 11467, 11468, 11469, 11470, 11471, 11472, 5052, 5073 and 5088) totalling 1,836km2. The Kibali Gold Mine was granted the 10 exploitation permits under the applicable DRC mining code, seven of which are valid until 2029 and three of which are valid until 2030.

Geology
The Kibali Gold Mine is located within the Moto Greenstone Belt, which consists of Archean Kibalian volcano sedimentaryvolcano-sedimentary rocks and ironstone-chert horizons that have been metamorphosed to greenschist facies.

The combined Karagba, Chauffeur and Durba (KCD) deposit is host to the majority of the currently defined Mineral Resource and Ore Reserve, as well as the current open pit and underground mining operations. KCD is hosted within a mineralised corridor that also hosts the Sessenge, Gorumbwa and Pakaka deposits and a number of exploration prospects.

The known deposits of the Kibali project are hosted along a reactivated thrust plane that creates plunging lodes of mineralisation as exemplified by the KCD deposit. The majority of gold mineralisation identified to date is disseminated style, hosted within a sequence of coarse volcaniclastic and sedimentary rocks. The mineralisation is generally stratigraphically bound and associated with carbonate-silica-albite alteration with minor sulphide.


GHANA
AUSTRALASIADescription
AngloGold Ashanti has two mines in Ghana: Obuasi, currently in a redevelopment phase, is an underground mine and Iduapriem is an open pit mine.

AUSTRALIA
Ghana – Iduapriem

Description
Australia comprises two operational units, namely TropicanaIduapriem, wholly owned by AngloGold Ashanti since September 2007, is situated in the western region of Ghana, some 70km north of the coastal city of Takoradi and Sunrise Dam. They are both located in Western Australia.approximately 10km southwest of the town of Tarkwa.

Australia - Summary of metallurgical operations
Sunrise DamTropicana
Nameplate capacity (000 tonnes/annum)3.7Mt4.9Mt

Australia - Sunrise Dam

Description
Sunrise Dam, whichIduapriem is wholly-owned, is located 220 kilometres northeast of Kalgoorlie and 55 kilometres south of Laverton in Western Australia. Underground mining, which is conducted by a contract mining company, is the primary source of ore, with supplementary mill feed provided by stockpiles. Ore is treated via conventional gravity float, fine grind and carbon-in-leach (CIL) processing plant, which is owner-managed.

Open pit production began in 1997 and has now been completed at a final depth of 500m below surface and mining of the Crown Pillar at the base of the 490m deep pit was completed in early 2014. Underground mining commenced in 2003 with a number of different mining methods being applied, depending on the style of mineralisation and grade of the geological domain.


Power at Sunrise Dam is self-generated and the mine uses natural gas supplied via an APA Operations (Pty) Limited pipeline.

Geology
Gold ore at Sunrise Dam is structurally and lithologically controlled within gently dipping high strain shear zones and steeply dipping brittle-ductile low strain shear zones. Host rocks include andesitic volcanic rocks, volcanogenic sediments and magnetic shales.

Australia - Tropicana

Description
Tropicana, a joint venture between AngloGold Ashanti (70 percent and manager) and Independence Group NL (30 percent), is located 200 kilometres east of Sunrise Dam and 330 kilometres east-northeast of Kalgoorlie. First gold was poured ahead of schedule and on budget in September 2013, following development approval in November 2010. Themultiple open pit operation features a large scale, modern processingthat currently sources ore from the Ajopa and Block 7 and 8 pits. The Iduapriem treatment plant has two semi-autogenous grinding mills and two ball mills which uses conventional carbon-in-leach technology and includes high-pressure grinding rolls for energy-efficient comminution. Mining is carried out by a contract mining company and the plant, is owner-managed.

The mine is a fly-in fly-out operation,run in two parallel circuits, each with a mine site villagesemi-autogenous grinding mill and aviation services operated from Perth and Kalgoorlie. A 220 kilometres private road and the public road network provide access for the deliverya ball mill. The carbon-in-pulp plant has a capacity of supplies to the operation.

The Tropicana JV includes approximately 3,487km2 of tenure in the prospective Tropicana belt, with active exploration programmes seeking both satellite extensions to the Tropicana Gold Mine and discoveries with standalone potential. Long Island study work has been completed and currently Phase 1 has been approved for execution which will see the down dip extension of the pits mined using a strip mining principle.  A concept study and drill program is currently underway on the Boston Shaker down dip extension assessing the potential to exploit this resource via underground mining. It is envisaged that a prefeasibility study will follow in 2018.

Plant
The plant continues to undergo an optimisation process to maximize the value for Tropicana.

5.1Mtpa. Power is supplied to the mine by the Volta River Authority (VRA) and GridCo.

Iduapriem comprises the Iduapriem, Ajopa North and South and Teberebie mining leases on site gasa 139.77km2 concession. Applications have been submitted to the minerals authority for the renewal of the mining permits which, according to Ghanaian law, allows for the continuation of mining on the expired leases while the renewal process is in progress. The environmental certificate for the project expired in October 2017. However, the 2017- 2020 Environmental Management Plan (EMP), which is required for to renew the certificate, was submitted on 6 April 2017. Comments were received by the mine from the Environmental Protection Agency (EPA) in June 2017 together with invoices for payment of the permit fees for the certificate. AAIL submitted the revised EMP (with the EPA’s comments addressed) to the EPA on 10 August 2018 and diesel power stations, natural gasmade the required payments. The certificate is supplied via an APA Operations (Pty) Limited pipeline.still pending at the time of writing this annual report. The Ghanaian Chamber of Mines is currently engaging with the environmental authorities (EPA) on behalf of the company and other sister mines whose certificates and other permits are outstanding. There is a reasonable basis to conclude that all permits required for the project will be obtained.

Geology
The Iduapriem and Teberebie properties are located along the southern end of the Tarkwa basin. The mineralisation is contained in the Banket Series of quartz pebble conglomerates, breccia conglomerates and metasediments within the Proterozoic Tarkwaian System. The outcropping Banket Series of rocks in the mine area form prominent, arcuate ridges extending southwards from Tarkwa, westwards through Iduapriem and northwards towards Teberebie. The gold is hosted within the conglomerates.

Ghana - Obuasi

Description
Obuasi, wholly owned by AngloGold Ashanti since 2004, is located in the Ashanti Region of Ghana, some 260 kilometres north-west of the capital Accra and approximately 60 kilometres south of Kumasi.

Mining operations are primarily underground, to a depth of 1.5 kilometres. Obuasi started production in 1897, was placed on limited operations towards the end of 2014, and on care and maintenance from 2016. Some aspects of the mine continued under limited operational conditions, including the development of the underground decline. A favourable feasibility study was completed in 2017 and indicated a strong technical and economical case with an anticipated 20-year mine life. In 2018, approval was received from the AngloGold Ashanti board to proceed with the project. The redevelopment project, to establish Obuasi as a modern, efficient, mechanised, underground operation, commenced in late 2018 and the first gold was poured late in 2019.

Phase 1 of the project, which set up the plant to achieve a daily processing rate of 2,000t of ore, was completed. Phase 2, which aims to expand plant capacity to 4,000t a day will continue through 2020. Existing infrastructure includes a 2.4Mtpa processing plant with flotation and bacterial oxidation (BIOX), underground development, hoisting shafts and associated infrastructure, power and water reticulation, office complexes, workshops and company housing estates. Power is supplied to the mine by the Volta River Authority (VRA) and GridCo.

The Mineral Resource and Ore Reserve are covered by the Obuasi Concession comprising 152.6km2 and the Binsere Concession parts 1, 2 and 3 comprising 48.86km2. The mining concessions, which expire on 5 March 2054, are covered by a Development Agreement and Tax Concession Agreement with the government of Ghana.

Geology
The gold deposits at Obuasi are part of a prominent gold belt of Proterozoic (Birimian) volcano-sedimentary and igneous formations which extend for a distance of approximately 300 kilometres in a north-east/south-west trend in south‑western Ghana. Obuasi mineralisation is shear-zone related and there are three main structural trends hosting gold mineralisation: the Obuasi trend, the Gyabunsu trend and the Binsere trend.

Two main ore types are mined:
quartz veins which consist mainly of quartz with free gold in association with lesser amounts of various metal sulphides of iron, zinc, lead and copper. The gold particles are generally coarse-grained and occasionally visible to the naked eye. This ore type is generally non-refractory; and

sulphide ore which is characterised by the inclusion of gold in the crystal structure of a sulphide material. The gold in these ores is fine-grained and often locked in arsenopyrite. Higher gold grades tend to be associated with finer grained arsenopyrite crystals. Other prominent minerals include quartz, chlorite and sericite. Sulphide ore is generally refractory.


REPUBLIC OF GUINEA (GUINEA)

Description
Siguiri Gold mineralisation at Tropicana occursMine is AngloGold Ashanti’s sole operation in high metamorphic grade gneissicGuinea.

Guinea - Siguiri
Description
Siguiri Gold Mine is 85 percent owned and operated by AngloGold Ashanti and 15 percent by the government of Guinea. Siguiri is located approximately 850 kilometres north-northeast of Conakry, 25 kilometres northwest of the town of Siguiri and 220 kilometres southeast of the Malian capital Bamako, near the Malian border.

Siguiri is currently a multi-pit oxide gold mining operation, operated by a contract miner. Processing of the ore is done by a hybrid carbon-in-leach (CIL) circuit processing plant converted from carbon-in-pulp (CIP) in 2018. The plant is capable of treating 50% hard ore post the commissioning a new ball mill and 3 stage crushing plant in Q1 of 2019. The original processing facility was designed to process soft ore only and was successfully optimised to reach an average throughput of 11.8Mtpa. Power to the mine is self-generated.

Siguiri is mined under licence from the government of Guinea. The Mineral Resource and Ore Reserve are covered by SAG mining concession D/97/171/PRG/SGG, totalling 1,494.5km2. The original SAG concession was granted under the Convention de Base between the République de Guinée and SAG signed on 4 August 1997. The concession is to be explored and mined exclusively for gold, silver and diamonds by SAG for 25 years from the date of the agreement, until 4 August 2022. An updated concession was negotiated with the government in 2016. The Convention de Base will guide the renewal of the mining concession in 2022. The SAG concession was granted under a new amended Convention de Base between the République de Guinée and SAG signed on 28 June 2016 and ratified by the Guinean parliament on 13 December 2016. The Convention de Base was ratified by the constitutional court and published in the Journal Officiel of the Republic of Guinea on 24 January 2017. Dependent on the submission of the necessary renewal documentation on, or before, 4 March 2022, the concession is to be explored and mined exclusively for gold, silver and diamonds by SAG for 25 years from the date of agreement to 13 December 2041.

Geology
The concession is dominated by Proterozoic Birimian rocks which dip gentlyconsist of turbidite facies sedimentary sequences. The two main types of gold deposits which occur in the Siguiri basin and are mined are:
laterite mineralisation (CAP) which occurs as surficial aprons of colluvium or as palaeo‑channels of alluvial lateritic gravel adjacent to, and immediately above in-situ deposits; and
in-situ quartz-vein related mineralisation hosted in meta-sediments with the better mineralisation associated with vein stockworks that occurs preferentially in the coarser, brittle siltstones and sandstones.

The mineralised rocks have been deeply weathered to below 100 metres in places to form saprolite mineralisation (oxide). With the percentage of available oxide ore decreasing, a feasibility study to investigate the exploitation of fresh rock material was completed in December 2015. The CIL combination plant conversion project began in 2017. The plant conversion will allow the mine to treat six million tonnes of sulphate ore and six million tonnes of oxide ore. Construction was completed in March 2019 and commissioning of different sections of the plant is underway.


MALI
Description
AngloGold Ashanti has interests in two operations in Mali, namely, Sadiola and Morila. It operates one of these two operations, Sadiola. AngloGold Ashanti previously had interests in Yatela, but entered into a sales agreement in February 2019 with the state of Mali, subject to several conditions precedent being fulfilled. Morila is in the final phase of closure and the Mineral Resource and Ore Reserve have been written off.

Mali - Morila
Description
AngloGold Ashanti has an effective 40 percent stake in Morila, as does Barrick Gold Corporation (operator). The state of Mali owns the remaining 20 percent.

The Morila mine has operated since 2001 and is situated 280 kilometres southeast of Bamako, the capital of Mali. When mining concluded in 2009 with the depletion of the orebody, operations at Morila transitioned to stockpile and tailings retreatment. The plant treats 4.3Mtpa and incorporates a conventional CIL process with an upfront gravity section to extract the free gold. Power is supplied by a subcontractor.

Geology
The Morila deposit is hosted in a flat lying fold structure which rises sharply to surface in the south and west. The deposit occurs within a sequence Birimian metal-arkoses of amphibolite metamorphic grade. Mineralisation is characterised by silica-feldspar alteration and sulphide mineralisation consists of arsenopyrite, pyrrhotite, pyrite and chalcopyrite.

Mali - Sadiola
Description
The mine is a joint venture between AngloGold Ashanti (41 percent) and IAMGOLD (41 percent) and the government of Mali (18 percent).and an agreement for the sale of Sadiola was announced in December 2019. The transaction is subject to the fulfilment, or waiver, of a number of conditions precedent, including the receipt of certain approvals and releases from the Government of Mali.

The Sadiola mine is situated in western Mali, 77 kilometres to the south east.  Mineralisationof the regional capital of Kayes and about 440 kilometres north-west of the capital city of Bamako. The property lies within the Galam Bambouk gold area, which straddles the Mali-Senegal border close to the border with Guinea.

The Sadiola gold deposit has been mined by the Société d’Exploitation des Mines d’Or de Sadiola S.A. (SEMOS) since 1996. Mining reduced considerably due to the 2014 gold price decrease but continued predominantly in various satellite pits. On-site surface infrastructure includes a 5.0Mta CIP gold plant, where the gold is structurally controlledeluted and smelted. Power to the Sadiola mine is self-generated.

From 1996 until 2010, oxide and transitional ore from the Sadiola Hill pit was the primary ore source for the mine while being increasingly supplemented from the outlying satellite pits during the latter years. From 2011 the satellite pits became the dominant source of oxide and transitional ore. Sadiola ceased mining during 2018 and transitioned to a stockpile treatment plan. A feasibility study for the Sadiola Sulphide Project (SSP), which looked at mining and processing the sulphide ore, was completed in 2016. However, a decision to proceed remains on hold while awaiting the conclusion of negotiations with the government. The oxide mining activities were completed in early 2018. While awaiting the decision, the operation continues to process stockpiled oxide material.

SEMOS is bound by the original prospecting and exploitation agreement (including its subsequent legal modifications) entered into on 5 April 1990 between AGEM Limited (AGEM) and the state of Mali, valid for the original mineral commodities until 5 April 2020. The identity number of the current exploitation area, DECRET No 00-080/PM-RM DU 06 MARS 2000 is a modification of all previous exploitation areas. Sadiola is operated under the license DECRET No 00-080/PM-RM DU 06 MARS 2000 valid from 1 August 1994 to 1 August 2024 covering a total area of 303km2. The SSP project will extend operations beyond 2024. Dialogue with the government of Mali has been ongoing throughout the project study phase and, as such, there are no foreseeable reasons why the amended environmental and social impact assessment (ESIA) and associated approvals should not be approved.

Geology
The Sadiola deposit occurs within an inlier of greenschist facies metamorphosed Birimian rocks known as the Kenieba Window. The specific rocks which host the mineralisation are marbles and greywackes which have been intensely weathered to a preferred host unit withinmaximum depth of 200 metres. As a result of an east-west regional compression event, deformation occurs along a north-south striking marble-greywacke contact, increasing the gneissic package.  Postporosity of this zone. North-east striking structures which intersect the north-south contact have introduced mineralisation, faulting has separated the once continuous ore zone,mainly with the open pits developed on eachmarble where the porosity was greatest. The Sadiola Hill deposit generally consists of the fault bounded blocks.two zones, an upper oxidised cap and an underlying sulphide zone.


THE AMERICAS

americasa05.jpg




The Americas region has three mining operations, featuring both open pit and underground mining (one in Argentina and two in Brazil) as well as two advanced greenfields projects in Colombia.
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
  1.     Argentina
   
Cerro Vanguardia (Attr. 92.5%)225
 1,698
  2.    Brazil
   
AGA Mineração362
 4,885
Serra Grande123
 1,531


Americas - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 7.2
 6.8
 7.5
Pay limitoz/t 0.11
 0.12
 0.10
 g/t 3.79
 4.14
 3.58
Recovered gradeoz/t 0.089
 0.103
 0.102
 g/t 3.04
 3.55
 3.49
Gold production (Attributable)000oz 710
 776
 840
Silver (attributable)Moz 3.4
 5.9
 5.8
Cost of sales$m 822
 838
 987
Total cash costs (1)
$/oz 736
 624
 638
All-in sustaining costs (1)
$/oz 1,032
 855
 943
Capital expenditure (2)
$m 195
 176
 234
Safety       
Number of fatalities  0
 1
 0
AIFRPer million hours worked 3.50
 3.97
 3.29
People       
Average no of employees: Total  8,114
 7,973
 8,511
Permanent employees  5,869
 5,755
 5,888
Contractors  2,245
 2,218
 2,623

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.
(2)
100 percent, (not attributable) and includes Colombia.

Production and costs

Total production for the Americas region in 2019 declined 8% to 710,000oz compared to 776,000oz in 2018, a result of production declines at all three operations.

At AGA Mineração, performance at Cuiabá was hindered by poor ground conditions where, to ensure safe production, the rate of mining was slowed while a new surface support regime and mining sequencing were explored. Leading internal and external rock engineering experts were engaged to advise and subsequently mesh surface support installed to rehabilitate accessways and new controls and mine sequencing were introduced. Early indicators show these new controls to be successful and condition monitoring will continue as mining progresses in the deeper, higher grade areas.

At the Córrego do Sítio complex, geological model changes, open pit licence delays for the Rosalino orebody, geotechnical issues and unexpected heavy rains in the last two months of the year delayed development and mining of the planned open pit mining areas.

At Serra Grande, the slightly lower production level in 2019 was due to lower feed grades, particularly in the second half of the year, and reduced drilling productivity and fleet availability. This was partially offset by higher tonnage treated following the Mina III pushback.

Cerro Vanguardia’s production was negatively affected in the second half of the year by the planned lower grades mined and a 42% decline year-on-year in silver production. This was partially compensated for by higher average silver price.

Cost of sales for the region for the year were $822 million in 2019 (2018: $838 million). The total cash cost for the region for the year was $736/oz in 2019 (2018: $624/oz) and AISC were $1,032/oz (2018: $855/oz). The increased costs were largely due to the decline in ounces sold, reduced silver by-product revenue from Cerro Vanguardia and inflation. The inflationary pressures which affected both Argentina and Brazil, included increases in wages, operational materials, this coupled with impact of changes in the estimation of rehabilitation provisions estimation for the Brazilian operations as required by the new legislation. This was slightly offset by weaker currencies (Argentinean peso and Brazilian real).

Capital expenditure

Total capital expenditure for the region was $195 million, compared to $176 million in 2018, with the increase largely driven by higher spend in Colombia on feasibility study work at Quebradona. Sustaining capital expenditure was spent mainly on Ore Reserve development at underground operations in Brazil and Argentina. At Cerro Vanguardia, capital expenditure for the year was spent primarily on development work and larger trucks to increase hauling and loading capacity, and to ultimately improve productivity.

Serra Grande is our only operation in Brazil with an upstream TSF. Following implementation of new legislation in Brazil, the current dam, which has a reinforced wall, will be converted to dry stacking. As this was part of the mine plan, the process will be accelerated and decommissioning is expected to begin in September 2021.

Safety

There were no fatalities in the Americas region in 2019. Safety improved overall with an AIFR of 3.84 recorded for the year.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Americas region was 7.2 million ounces (2018: 7.1 million ounces). This is approximately 17 percent of the group’s total Ore Reserve.

Growth and improvement

In Brazil, the strategy is to enhance mining flexibility and predictability by investing in Ore Reserve development, along with Mineral Resource and Ore Reserve conversions. More brownfields exploration is planned to increase reserves and related confidence levels. This work will be vital in the upcoming year.

During 2019, Serra Grande transitioned to full owner development and development metres achieved increased by 10% compared to 2018 levels. At Cuiabá a new international contractor in the Brazilian market was signed on in March 2019 and has to date delivered a 28% year-on-year increase in metres developed.

Cuiabá is also investigating the potential of new orebodies and a plan for deepening the mine. At Córrego do Sítio (CdS) the focus is to re-open the CdS II underground mine. Along with a focus on resource conversion and stabilising production, Córrego do Sítio will invest in looking at the potential of CdS III and the Rosalino open-pit expansion.

At Serra Grande, Palmeiras South underground mine is expected to commence delivering ounces in the first half in 2020.

In Argentina, Cerro Vanguardia, which has been in operation for over 20 years, is expected to see a reduction in grades from the open pit mines and lower contributions from silver compared to the previous years’ levels. To sustain the production plan, exploration will focus on converting new and already existing blue sky tangible and Inferred Resources into Indicated category around current pits and underground operations in the main production zone. The exploration plan includes 25,000m of diamond drilling hole campaign, channels, trenches and geophysics surveys, among others.



AUSTRALIA

australia.jpg
 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
Australia   
1.   Sunrise Dam254
 570
2.   Tropicana 70%360
 570
AngloGold Ashanti’s Australian assets comprise the wholly owned Sunrise Dam and the 70 percent-owned Tropicana Gold mine located in the north-eastern goldfields of the state of Western Australia.
Australia - Key Statistics
 Unit 2019
 2018
 2017
Operation       
Tonnes treated/milledMt 10.1
 9.5
 9.4
Pay limitoz/t 0.06
 0.07
 0.06
 g/t 1.95
 2.10
 1.84
Recovered gradeoz/t 0.060
 0.065
 0.061
 g/t 1.87
 2.01
 1.89
Gold production (attributable)000oz 614
 625
 559
Cost of sales$m 632
 622
 551
  Total cash costs (1) 
$/oz 730
 762
 743
  All-in sustaining costs (1)
$/oz 990
 1,038
 1,062
Capital expenditure$m 149
 156
 153
Safety       
Number of fatalities  0
 0
 0
AIFRPer million hours worked 7.33
 9.14
 8.53
People       
Average no of employees: Total  1,140
 1,051
 974
Permanent employees  249
 238
 226
Contractors  891
 813
 748

(1)
Total cash costs and all-in sustaining costs are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results-Non-GAAP analysis”.



Production and costs

The Australia region produced 614,000oz in 2019 compared to 625,000oz 2018. The 2% drop in year-on-year production was largely the result of lower underground mined volumes and grades at Sunrise Dam. Sunrise Dam experienced operational challenges in the middle of the year with limited stope flexibility and paste fill delays, which resulted in lower underground volumes and grades. However, mining flexibility improved in the fourth quarter of 2019 as larger stopes came online, resulting in a record production from underground for the fourth quarter. A substantial exploration programme is underway to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. Critical for success at Sunrise Dam is increasing flexibility to ensure consistently high underground tonnages are available to displace lower-grade surface stockpiles. Strategic drill platforms have been established to facilitate systematic exploration of the down plunge extents of the Vogue mineralised system, while also testing areas to the north and south that could generate additional work areas. The objective of the drilling is to provide data to facilitate Ore Reserve conversion and increase confidence and reliability in the two- to five year planning horizon.

At Tropicana, production at 360,000oz for the year, was 7% higher year-on-year. Higher mill throughput, which set new records in December 2019, offset lower feed grades in the second half of the year and contributed to the increase in gold production. Annual tonnes mined also broke site records in 2019. The Tropicana open pit was completed during the year and mining continued in the Havana South, Havana and Boston Shaker pits. It is planned that open pit mining will be focused on the Havana pit in 2020.

The region’s cost of sales and AISC were $632 million and $990/oz in 2019, respectively, compared to $622 million and $1,038/oz for 2018, respectively. Despite the 2% lower production delivered in the region for the year, a strong focus on operational excellence coupled with a weaker exchange rate contributed to a 4% drop in total cash costs and a 5% drop in AISC compared to 2018. Tropicana’s total cash costs declined due to higher volumes, and improved efficiencies partially offset by unfavourable grades, royalties and inflation while total cash costs at Sunrise Dam were negatively impacted by lower efficiencies, lower grade and inflation. Operational excellence work included a successful trial of autonomous open-pit blast hole drilling, which indicated significant productivity gains could be achieved by converting all six drill rigs to autonomous operation. Autonomous operation can improve drill use by enabling their continued operation within the exclusion zone during blasting, so extending drill bit life and reducing the number of operators needed.

Capital expenditure

Total capital expenditure for the region was $149 million in 2019 compared to $156 million in 2018. Capital expenditure at Tropicana increased by $29 million predominately due to the start of the Boston Shaker underground growth project ($21 million). An increase in waste stripping capital expenditure due to the scheduling of open pit cutbacks was partially offset by a reduction in stay-in-business capital. Capital expenditure at Sunrise Dam reduced by $35 million due to lower Ore Reserve development and stay-in-business capital expenditure. Several key infrastructure projects, such as the expansion of the tailings storage facility and the upgrade to the ventilation system were completed in 2018 resulting in a $25 million year-on-year reduction in stay-in-business capital expenditure when compared to 2019.

Safety

Safety performance improved for the Australia region in 2019, continuing a positive trend since the commissioning of Tropicana in 2013. At Tropicana, the site ended the year with a record safety performance in terms of the AIFR and the lost-time injury frequency rate (LTIFR), achieving 14 months without a lost-time injury. At Sunrise Dam, the AIFR and LTIFR both increased marginally from 2018, although the severity of injuries was minor.

Ore Reserve

At the end of 2019, the total attributable Ore Reserve for the Australia region was 3.2 million ounces (2018: 3.8 million ounces). This is approximately seven percent of the group’s total Ore Reserve.

Growth and improvement

At Sunrise Dam, the underground exploration programme initiated in the second half of 2019 is expected to take two years. The programme is designed to increase Mineral Resource confidence, grow the underground Ore Reserve and support development of additional mining areas in the long term. By the end of the year six underground diamond drill rigs were in operation testing various targets including the southern strike extensions of the Midway Shear Steeps (MSS) and Elle and areas to the south of the current Vogue Indicated Resource. Surface diamond drilling will target southern extensions of Vogue.

Drilling results returned in 2019 identified extensions of Vogue mineralisation over an approximate 180m strike length; southern extensions to the Midway Shear (MWS) Steeps ore domains, approximately 190m south of the current Indicated Resource; and potential repetition of the MWS Steeps ore domains, approximately 100m east of the current Indicated Resource. Drilling also intersected mineralisation 500m to the south down plunge of the Mineral Resource, suggesting the continuation of the Vogue orebody.


Development of the Boston Shaker underground mine at Tropicana began in May 2019 and at year-end the project was on track to deliver high-grade ore in mid-2020 as planned. The decision to go ahead with the project was announced in March 2019 following board approval and after a feasibility study confirmed that underground mining was technically and financially viable, demonstrating robust economics with an anticipated internal rate of return of 39% for a capital investment of $79.3 million.

Boston Shaker is expected to contribute higher-grade mill feed, resulting in an improved gold production profile and enhanced cash flow, during 2021-2023 when the mine plan includes periods of higher waste stripping in the Havana open pit.

The feasibility study was based on the mining of 6.58 million tonnes, grading 3.84g/t, assuming the systematic conversion of Mineral Resources to Ore Reserves over the life of the mine. The average underground mining rate will be approximately 1.1Mtpa (including development) over an eight-year mine life to 2026 to produce a total of 732,000oz. Mining methods will comprise conventional mechanised mining and underhand sublevel open stoping.

The two raised bore holes required for ventilation and emergency egress were tracking ahead of schedule by year end, and underground development of 1,640m was ahead of plan. Underground reverse circulation grade control drilling began in October. Recruitment of the underground workforce is progressing as planned and the underground operation remains on track to deliver first gold in the second half of 2020. Operational excellence work is focused on remote bogging, the mechanical operator-controlled digging of ore from surface, and on optimising level spacing and extraction ratios.


EXPLORATION REVIEW

Our exploration is focused on two of our strategic focus areas: creating value by providing long-term optionality and improving portfolio quality. Our exploration programme covers greenfields and brownfields exploration.

These strategic objectives are met by:

Greenfields exploration which aims to discover large, high-value Mineral Resource, which will eventually lead to the development of new gold mines; and

Brownfields exploration which focuses on delivering value through accretive additions to the Ore Reserve at existing mines as well as new discoveries in defined areas around operations. Brownfields exploration actively drives the creation of value by growing our Mineral Resource and Ore Reserve, our major assets. The brownfields exploration programme is based on innovation in geological modelling and mine planning, and continual optimisation of our asset portfolio.

In 2019, $62 million was spent on greenfields exploration and $95 million on brownfields exploration.

Greenfields exploration

5,500km2 of highly prospective ground was explored in two countries – Australia and the United States – along with licence applications and other ground positions in Argentina,Brazil and Tanzania. In total, more than 71km of diamond, reverse circulation (RC) and aircore (AC) drilling was completed in 2019.

In Australia, in the Laverton district, AngloGold Ashanti completed the 70% earn-in at the Butcher Well and Lake Carey JV. The Butcher Well scoping study was updated by integrating the drilling results from the second half of 2018. Elsewhere in Laverton, a total of 49,200m of aircore drilling and 4,486m of diamond drilling was completed on several joint venture and non- joint venture projects.

Diamond drilling programmes were also completed at the Mt Clark prospect in North Queensland (nine holes for 2,748m) and the Glandore prospect, located 60km east of Kalgoorlie in Western Australia (six holes for 1,846m), with no positive results derived.

In the United States, at the Silicon project in Nevada, 8,008m of RC and 3,300m of diamond drilling were completed in 2019. The programme followed up on and further developed understanding of the alteration system intersected in earlier drilling as well as testing other favourable litho-structural targets within the Silicon-Thompson structural corridor. An induced polarization (IP) survey was also completed along with ground magnetic and gravity surveys. The second-year anniversary payment was made to Renaissance Gold during the period to maintain the option earn-in agreement into the third and final year in 2020.

Also in the United States, in Minnesota, roto-sonic drilling was completed over several target areas with 54 holes completed for a total of 1,619m. Since the results from the programme were not encouraging, work has stopped. AngloGold Ashanti returned all the mineral leases to the state of Minnesota.

In Argentina and Tanzania, exploration properties are on care and maintenance. Target generation activities were completed in Brazil and West Africa.

Brownfields exploration

Brownfields exploration was carried out in nine countries in and around AngloGold Ashanti operations. A total of 877,630m of Diamond and RC drilling was completed during the year.

South Africa: Exploration continued with one-hole drilled at Mponeng’s Western Ultra Deep Levels targeting the Ventersdorp Contact Reef. Drilling was stopped due to capital constraints and the final site clearance/closure certificate signed off in June.

Argentina: At Cerro Vanguardia, due to budget constraints, exploration was focused on mapping, surface sampling and ground geophysical surveys.

Brazil:At AGA Mineração, in the Iron Quadrangle, a total of 263,345m was drilled. At Cuiabá, the underground drilling programme focused on Fonte Grande and Serrotinho (upright limb), Balancão and Galinheiro (overturned limb). A long-inclined borehole drilling project was successfully completed. Positive results with significant intercepts were reported for secondary targets including the quartz vein project (VQZ) and Viana.

Regionally, drilling at the Descoberto target is ongoing and has produced encouraging observations. Land access was granted in October 2019 to allow the Matarelli target drill programme to commence. A trial unmanned aerial vehicle (UAV) magnetic survey was successfully completed at Matarelli and a more comprehensive survey covering the Matarelli and Tinguá targets is planned. A detailed geological map and associated cross sections were produced over the Tinguá target area ahead of a geochemical soil
programme planned for early 2020.


At Lamego, drilling focused on confirming the continuity of Carruagem in a south-westerly direction (both limbs) from levels 1 to 5. Drilling also took place at Cabeça de Pedra (hinge zone), which reported high grades and indicated that the orebody remains open.

Drilling at Córrego do Sítio (CdS) tested the Rosalino open pit. At CdS I, underground drilling in Laranjeiras and Carvoaria confirmed the Mineral Resource and indicate good prospectivity for high grades in Carvoaria. In the ‘Gold Quadrangle’ area of Candeias-Cristina, Mutuca, Cachorro Bravo and Pneu, drilling supported Mineral Resource additions in the area.

At CdS II, drilling in the shallow north-east portion of São Bento confirmed the continuity of the mineralised structure in that direction. The Remaining Ounces project identified potential areas for high-grade ore within old mining areas. At CdS III, a sterilization drilling campaign is underway and one positive intercept suggests the extension of the Anomalia and Jambeiro target trends.

A total of 128,888m was drilled at Serra Grande. Exploration drilling at Pitanga, Palmeiras South, Mangaba, Corpo IV, V and Limoeiro resulted in the addition of Mineral Resource. The mine acquired the Palmeiras South area in late 2018 which contains the southern extension of all mineralised trends; subsequent drilling during 2019 returned positive results along Structure 3.5.

The Pitanga orebody was discovered along Structure III close to Mina Nova mine. The reinterpretation of existing orebodies at Corpo IV, Corpo V and Limoeiro supported exploration drilling and led to new ounce generation. Target generation focused on assessing shallow opportunities and using interpreted S2 stacking behaviour to identify new potential areas to test in 2020.

Colombia:Limited exploration activities were completed at Gramalote. RC drilling started at Trinidad in October 2019 and diamond drilling at Gramalote in November with no results reported to date. The La Colosa project continued on care and maintenance following the cessation of all field activities in April 2017.

At Quebradona, a total of 10,494m was drilled, focusing on geotechnical programmes for site infrastructure, the tunnel trace, the mine subsidence area and the crusher chamber. Geological and structural models were updated for infrastructure sites, the tunnel and mine area.

Tanzania: At Geita, a total of 96,407m of drilling was completed in 2019.

The overall results for Star & Comet Cut 2 Mineral Resource drilling were positive. While exploratory drilling results identified no economic intersections, interpretation and review are ongoing. The Star & Comet Cut 3 Mineral Resource drilling results confirmed the down-dip continuity. Extension drilling at Star & Comet Cut 2 and Cut 3 confirmed the presence of open-ended high-grade mineralisation along the hanging wall and footwall sides of the intrusive, suggesting that the Cut 2 and Cut 3 orebodies might join and become one.

Mineral Resource development drilling programmes for Nyankanga underground were carried out at Blocks 3, 4 and 5 as well as in the gap area between Block 2 and 3. All results were positive.

Three of eight holes in the surface drilling programme at the Star & Comet North Extension returned lower grades than previous data. Results from surface drilling completed at Selous confirmed the orebody extensions inside and outside the pit margins. While exploratory surface drilling at Mabe delineated localised orezones of medium to high grade.

At Geita Hill, underground Blocks 1 and 2 drilling results defined low-grade mineralised zones. Drilling initiated at the Roberts deposit confirmed the presence and potential of economic ore zones within and outside the optimised pit.

Guinea: At Siguiri, a total of 74,939m was drilled during the year.

Kami drilling has shown that the mineralisation extends into the fresh rock and into oxide in Kami East saddle. Bidini drilling has shown that the mineralisation extends to the east of the pit in oxide. Silakoro West drilling was completed and confirmed the mineralisation.

Silakoro North drilling intersected mineralisation associated with disseminated sulphides. Foulata East drilling results show unmineralised albitite, while the main Foulata drillholes indicate the potential extension of mineralisation at depth and along the trend. Advanced grade control (AGC) drilling at Foulata confirmed the model.

At Saraya, drilling confirmed the extension of shallow mineralisation to the north and deeper along the plunge. The Saraya AGC drilling confirmed the model despite defining thicker internal waste intervals. At Seguelen PB2 drilling confirmed the extension of the mineralisation in the fresh rock.

The Sanu Tinti infill drilling crossed potentially mineralised breccioconglomerates layers. At Niono, reconnaissance drilling showed weak potential for oxide mineralisation. The Doko, Block 4, reconnaissance drill programme is now 48% complete with some economic intersection.

At Balato North, Saraya West EL and Setiguiya West reconnaissance drilling showed negative results. Field visits and reviews confirmed the potential of the Carbonate Hills (East and Central) targets.


Ghana: At Iduapriem, a total of 21,279m of drilling was completed in 2019. Exploration focused on Mineral Resource conversion drilling at Block 1, Ajopa, Efuanta and Block 4S. Regional mapping of the hydrothermal targets commenced during the year as well as auger drilling at Mile 8 and Mile 5W targets.

At Obuasi, drilling started on 27 May 2019 with capital drilling on 41 level, grade control drilling on 17 and 22 levels, and expensed exploratory drilling in the GCS top area.

The 41-level drill programme completed 7,921m of combined RC and diamond drilling. Two multi-purpose RC/diamond rigs are being used to accelerate data acquisition and reduce costs. The grade control programme drilled 3,480m and showed continuity of the Obuasi fissure in terms of grade and structure. The 5,475m of exploratory drilling indicated potential in the footwall splays.

Democratic Republic of the Congo: A total of 25,210m was drilled at Kibali during the year.

The drilling results at Gorumbwa-Sessenge gap support the continuity of the mineralisation from Gorumbwa into the gap.

At Ikamva, drilling observations support the model while at Ikamva-East, the drilling programme was completed, and the results returned support the consistency of the two lenses. Two holes were drilled into the Kalimva-Ikamva Hinge zone with results supporting the model of a potential link between the two structures.

Results also suggest the presence of other shoots pertaining to the Kalimva system.

The orientation drilling programme along the Zakitoko-Birindi trend was completed and indicate an extension down dip and along strike. A data review of the Aindi area was conducted leading to identification of four zones of interest.

In the Oere-Kalimva Gap, the drilling programme is complete and indicates no mineralisation within the gap. While in the Mofu-Oere gap, a trenching programme showed weak results from surface that increase down dip and plunge.

Eight trenches were excavated in the Mandungu-Memekazi-Renzi trend with overall results supporting the model and the trenching programme at Memekazi Northeast, returning results that support the potential of the area.

At Sayi, the results support the model and continuity of the interpreted mineralisation. While drilling in the Sayi-Mengu gap returned narrow intercepts. Results from the Renzi trenching programme support the model, though they are relatively low grade, while the Oere drilling results support the presence of highgrade domains within the mineralisation envelope.

A soil sampling programme in the KZ South area returned results supporting potential for a mineralised system. At Pakaka, drilling results from the hole furthest southeast support a consistently thin high-grade mineralisation along the sheared contact observed in the pit.

Mali: No drilling was completed in 2019.

Australia:At Sunrise Dam, six underground rigs were in use during the period, with most drilling taking place at Vogue, Midway Shear (MWS) Steeps and Elle, as well as at Stella (Target 18) and Steeps below Sunrise Shear Zone (Target 01). Commissioning of a seventh underground rig took place during November and an eighth rig was commissioned in December 2019.

One surface rig was in operation, targeting the southern extensions of the deposit from surface, 520m and 360m south of the current Ore Reserve from the Cleo waste dump.

At Tropicana, mine drilling consisted of infill drilling at Havana to upgrade the Mineral Resource confidence and assist in the mining option studies. Significant results were returned from the infill drilling at Havana, as well as encouraging results from drilling at Havana South down-dip.

Regional drilling was concentrated at Iceberg, Tumbleweed, New Zebra, Angel Eyes Voodoo Child, Wild Thing, Electra, Mojito and Monsoon. Regional drilling produced an important result from RC drilling at Voodoo Child that indicates mineralisation is present ca. 500m along strike from the defined prospect.

Projects

Colombia: The greenfields projects in Colombia make a significant contribution to AngloGold Ashanti’s Mineral Resource with La Colosa, Quebradona and Gramalote collectively contributing 38.5Moz. Quebradona and Gramalote contribute 4.3Moz to the gold Ore Reserve. Quebradona also has a copper Ore Reserve of 3,068Mlbs. Both Quebradona and Gramalote are at various stages of feasibility study while the La Colosa project is currently under force majeure, pending the necessary environmental permits.

The Gramalote project, a joint venture between AngloGold Ashanti and B2Gold Corp (B2Gold) in Colombia, lies on the eastern flank of the Cordillera Central, near the towns of Providencia and San Jose del Nus in the municipality of San Roque, in the north-west of the Antioquia Department. It is approximately 230km north-west of Bogota and about 120km north-east of Medellin.


In September 2019, AngloGold Ashanti announced that an agreement had been reached with B2Gold, under which B2Gold would fund an investment and exploration programme in 2020 to the value of $13.9 million, in order to earn back to a 50:50 partnership and assume management of the project effective 1 January 2020. Completion of the feasibility study for Gramalote is targeted for the end of 2020. The project has several key infrastructure advantages including reliable water supply, its close proximity to key infrastructure and a technically capable workforce in country.

As per the agreement, B2Gold assumed management of the Gramalote joint venture on 1 January 2020. On 21 January 2020, B2Gold announced positive results from the updated preliminary economic assessment (PEA) for the Gramalote Ridge deposit, a part of the Gramalote project. The PEA updates and enhances previous studies on the Gramalote project in several areas.

B2Gold is currently completing approximately 42,500m of infill drilling at Gramalote Ridge to convert the existing Inferred Mineral Resource to the Indicated category, and 7,645m geotechnical drilling for site infrastructure.

The Gramalote joint venture will continue to advance community resettlement programmes, establish coexistence programmes for small artisanal miners, to work on health, safety and environmental projects and to continue to work with government and local communities on social programmes.

B2Gold, as manager, plans to continue to complete and submit the feasibility work by 31 December 2020. The main work programme for feasibility is infill drilling to confirm and upgrade the Inferred Mineral Resource to the Indicated category.

The Environmental Impact Study and Project Implementation Plan for the Gramalote project have been fully approved by the National Authority of Environmental Licences of Colombia. Due to necessary modifications to the processing plant and infrastructure locations, a Modified Environment Impact Study and a Modified Project Implementation plan were submitted and are currently in the final stages of approval. If the final economics of the feasibility study are positive and the joint venture makes the decision to develop Gramalote as an open pit gold mine, B2Gold would use its proven internal mine construction team to build the mine and mill facilities, and operate the mine on behalf of the joint venture.

The Quebradona deposit is located approximately 104km south-west from Medellin, Antioquia Department and is a porphyry-related, copper-gold mineralised stock work system, located within the Western Cordillera of Colombia. Until 2019, the project was a joint venture with B2Gold (5.7% and diluting) and AngloGold Ashanti (94.3% and operator). During 2019, the 5% dilution threshold was reached and the parties entered into a royalty agreement in which B2Gold transferred the minority interest in the joint venture to AngloGold Ashanti in exchange for a royalty fee during production.

During the year, AngloGold Ashanti continued with the exploration programme, with the key aim of developing the feasibility study, completing and submitting the environmental and construction licence requests (filled in November 2019), and securing the land required for project implementation. The Quebradona project is an attractive business case of ca. 8.7Moz gold equivalent, with required capital investment estimated at around ca. US$1billion and an internal rate of return at approval stage of 15% (meeting our required hurdle rate). 2020 will be a critical year for the project, with an estimated investment of approximately $64 million, targeted at the following key milestones:
Complete the feasibility study and present it to the board for approval in November 2020;
Obtain the environmental and construction licence by November 2020; and
Complete the process of securing the land for project implementation.

The La Colosa project is located approximately 150km west of Bogota in the Tolima Department. It is a very large porphyrystyle gold deposit discovered by the Colombia greenfields exploration team in 2006. The project is 100% owned by AngloGold Ashanti. The project comprises a singular large deposit likely in excess of 28.45Moz of mineral resources and endowment. The project’s pre-feasibility study began in 2010 and was formally put on care and maintenance in April 2017. A second-time force majeure was granted pending the approval of environmental permits. The force majeure is expected to be renewed in June 2020 if the conditions associated with the environmental licence permits remain.



4C.ORGANISATIONAL STRUCTURE

GROUP STRUCTURE

AngloGold Ashanti’s operations are divided into the following regions:
South Africa – West Wits and surface operations;
Continental Africa – operations in Ghana, Guinea and Tanzania and joint venture operations in the DRC and Mali;
Australia – operations in Australia; and
Americas – operations in Argentina and Brazil, and exploration projects in Colombia.
The above four regions also correspond to AngloGold Ashanti’s four business segments.

Day-to-day management of the group is entrusted to AngloGold Ashanti’s executive management team, chaired by the Chief Executive Officer. See “Item 6: Directors, Senior Management and Employees”.

Support is provided to the executive management team in managing AngloGold Ashanti’s corporate activities at both the central and local levels.

SUBSIDIARIES

AngloGold Ashanti Limited has investments in principal subsidiaries and joint venture interests, see “Item 19: Exhibits – Exhibit 19.8 Principal subsidiaries and operating entities at 31 December 2019” for details.

4D.PROPERTY, PLANTS AND EQUIPMENT

For more information about AngloGold Ashanti’s mines, including as to the company’s mining rights and licences refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine”.

Mine, operation and business unit are used interchangeably. Percentages indicate the ownership interest held by AngloGold Ashanti. All operations are 100 percent owned unless otherwise indicated.

AngloGold Ashanti’s operating mines are all accessible by road.

CONTINENTAL AFRICA

AngloGold Ashanti has seven mining operations within the Continental Africa region. Mining is from both open pit and underground, with Obuasi being an underground mine in a redevelopment phase, Iduapriem, Siguiri, Morila and Sadiola being open pit mines, and Kibali and Geita being a combination of open pit and underground mines.

DEMOCRATIC REPUBLIC OF THE CONGO (DRC)
Description
Kibali Gold Mine, located in the north-eastern part of the DRC near the international borders with Uganda and South Sudan,is the sole operation in the DRC.

DRC - Kibali
Description
The Kibali Gold Mine is a joint venture (JV) between AngloGold Ashanti (45 percent), Barrick Gold Corporation (45 percent) and Société Miniere de Kilo-Moto SA UNISARL (SOKIMO), a state-owned gold company owning the balance. Kibali is operated by Barrick Gold Corporation. The mine is located adjacent to the village of Doko, which is located in the west of the project area. Kibali is approximately 210 kilometres by road from Arua, on the Ugandan border and immediately north of the district capital of Watsa.

The operational area falls within the administrative territory of Watsa in Haut Uélé province. The operation comprises both open pit and underground mining. First gold was poured in September 2013 from the open pit operations. Development of the underground mine commenced in 2013. The first underground development ore was mined in 2013 and stoping commenced in 2015.Initial production was via a twin decline from surface. From 2018 onwards, the majority of ore was hoisted up the shaft. The decline to surface is used to haul some of the shallower zones and to supplement shaft haulage. The underground mine has both a ramp and shaft system, with the shaft reaching a depth of 740 metres. Kibali has a processing plant capable of producing an average of 600koz of gold per annum by treating 7.2Mtpa. The current processing plant can treat both oxide and fresh sulphide material and is configured for flotation and ultra-fine grind of the flotation concentrate, a treatment that is required for the sulphide ore type before leaching. Power to the mine is self generated by a combination of hydroelectric and diesel generators.

The Mineral Resource and Ore Reserve are covered by exploitation permits (11447, 11467, 11468, 11469, 11470, 11471, 11472, 5052, 5073 and 5088) totalling 1,836km2. The Kibali Gold Mine was granted the 10 exploitation permits under the applicable DRC mining code, seven of which are valid until 2029 and three of which are valid until 2030.

Geology
The Kibali Gold Mine is located within the Moto Greenstone Belt, which consists of Archean Kibalian volcano-sedimentary rocks and ironstone-chert horizons that have been metamorphosed to greenschist facies.

The combined Karagba, Chauffeur and Durba (KCD) deposit is host to the majority of the currently defined Mineral Resource and Ore Reserve, as well as the current open pit and underground mining operations. KCD is hosted within a mineralised corridor that also hosts the Sessenge, Gorumbwa and Pakaka deposits and a number of exploration prospects.

The known deposits of the Kibali project are hosted along a reactivated thrust plane that creates plunging lodes of mineralisation as exemplified by the KCD deposit. The majority of gold mineralisation identified to date is disseminated style, hosted within a sequence of coarse volcaniclastic and sedimentary rocks. The mineralisation is generally stratigraphically bound and associated with carbonate-silica-albite alteration with minor sulphide.

GHANA
Description
AngloGold Ashanti has two mines in Ghana: Obuasi, currently in a redevelopment phase, is an underground mine and Iduapriem is an open pit mine.


Ghana – Iduapriem

Description
Iduapriem, wholly owned by AngloGold Ashanti since September 2007, is situated in the western region of Ghana, some 70km north of the coastal city of Takoradi and approximately 10km southwest of the town of Tarkwa.

Iduapriem is a multiple open pit operation that currently sources ore from the Ajopa and Block 7 and 8 pits. The Iduapriem treatment plant has two semi-autogenous grinding mills and two ball mills which run in two parallel circuits, each with a semi-autogenous grinding mill and a ball mill. The carbon-in-pulp plant has a capacity of 5.1Mtpa. Power is supplied to the mine by the Volta River Authority (VRA) and GridCo.

Iduapriem comprises the Iduapriem, Ajopa North and South and Teberebie mining leases on a 139.77km2 concession. Applications have been submitted to the minerals authority for the renewal of the mining permits which, according to Ghanaian law, allows for the continuation of mining on the expired leases while the renewal process is in progress. The environmental certificate for the project expired in October 2017. However, the 2017- 2020 Environmental Management Plan (EMP), which is required for to renew the certificate, was submitted on 6 April 2017. Comments were received by the mine from the Environmental Protection Agency (EPA) in June 2017 together with invoices for payment of the permit fees for the certificate. AAIL submitted the revised EMP (with the EPA’s comments addressed) to the EPA on 10 August 2018 and made the required payments. The certificate is still pending at the time of writing this annual report. The Ghanaian Chamber of Mines is currently engaging with the environmental authorities (EPA) on behalf of the company and other sister mines whose certificates and other permits are outstanding. There is a reasonable basis to conclude that all permits required for the project will be obtained.

Geology
The Iduapriem and Teberebie properties are located along the southern end of the Tarkwa basin. The mineralisation is contained in the Banket Series of quartz pebble conglomerates, breccia conglomerates and metasediments within the Proterozoic Tarkwaian System. The outcropping Banket Series of rocks in the mine area form prominent, arcuate ridges extending southwards from Tarkwa, westwards through Iduapriem and northwards towards Teberebie. The gold is hosted within the conglomerates.

Ghana - Obuasi

Description
Obuasi, wholly owned by AngloGold Ashanti since 2004, is located in the Ashanti Region of Ghana, some 260 kilometres north-west of the capital Accra and approximately 60 kilometres south of Kumasi.

Mining operations are primarily underground, to a depth of 1.5 kilometres. Obuasi started production in 1897, was placed on limited operations towards the end of 2014, and on care and maintenance from 2016. Some aspects of the mine continued under limited operational conditions, including the development of the underground decline. A favourable feasibility study was completed in 2017 and indicated a strong technical and economical case with an anticipated 20-year mine life. In 2018, approval was received from the AngloGold Ashanti board to proceed with the project. The redevelopment project, to establish Obuasi as a modern, efficient, mechanised, underground operation, commenced in late 2018 and the first gold was poured late in 2019.

Phase 1 of the project, which set up the plant to achieve a daily processing rate of 2,000t of ore, was completed. Phase 2, which aims to expand plant capacity to 4,000t a day will continue through 2020. Existing infrastructure includes a 2.4Mtpa processing plant with flotation and bacterial oxidation (BIOX), underground development, hoisting shafts and associated infrastructure, power and water reticulation, office complexes, workshops and company housing estates. Power is supplied to the mine by the Volta River Authority (VRA) and GridCo.

The Mineral Resource and Ore Reserve are covered by the Obuasi Concession comprising 152.6km2 and the Binsere Concession parts 1, 2 and 3 comprising 48.86km2. The mining concessions, which expire on 5 March 2054, are covered by a Development Agreement and Tax Concession Agreement with the government of Ghana.

Geology
The gold deposits at Obuasi are part of a prominent gold belt of Proterozoic (Birimian) volcano-sedimentary and igneous formations which extend for a distance of approximately 300 kilometres in a north-east/south-west trend in south‑western Ghana. Obuasi mineralisation is shear-zone related and there are three main structural trends hosting gold mineralisation: the Obuasi trend, the Gyabunsu trend and the Binsere trend.

Two main ore types are mined:
quartz veins which consist mainly of quartz with free gold in association with lesser amounts of various metal sulphides of iron, zinc, lead and copper. The gold particles are generally coarse-grained and occasionally visible to the naked eye. This ore type is generally non-refractory; and

sulphide ore which is characterised by the inclusion of gold in the crystal structure of a sulphide material. The gold in these ores is fine-grained and often locked in arsenopyrite. Higher gold grades tend to be associated with finer grained arsenopyrite crystals. Other prominent minerals include quartz, chlorite and sericite. Sulphide ore is generally refractory.


REPUBLIC OF GUINEA (GUINEA)

Description
Siguiri Gold Mine is AngloGold Ashanti’s sole operation in Guinea.

Guinea - Siguiri
Description
Siguiri Gold Mine is 85 percent owned and operated by AngloGold Ashanti and 15 percent by the government of Guinea. Siguiri is located approximately 850 kilometres north-northeast of Conakry, 25 kilometres northwest of the town of Siguiri and 220 kilometres southeast of the Malian capital Bamako, near the Malian border.

Siguiri is currently a multi-pit oxide gold mining operation, operated by a contract miner. Processing of the ore is done by a hybrid carbon-in-leach (CIL) circuit processing plant converted from carbon-in-pulp (CIP) in 2018. The plant is capable of treating 50% hard ore post the commissioning a new ball mill and 3 stage crushing plant in Q1 of 2019. The original processing facility was designed to process soft ore only and was successfully optimised to reach an average throughput of 11.8Mtpa. Power to the mine is self-generated.

Siguiri is mined under licence from the government of Guinea. The Mineral Resource and Ore Reserve are covered by SAG mining concession D/97/171/PRG/SGG, totalling 1,494.5km2. The original SAG concession was granted under the Convention de Base between the République de Guinée and SAG signed on 4 August 1997. The concession is to be explored and mined exclusively for gold, silver and diamonds by SAG for 25 years from the date of the agreement, until 4 August 2022. An updated concession was negotiated with the government in 2016. The Convention de Base will guide the renewal of the mining concession in 2022. The SAG concession was granted under a new amended Convention de Base between the République de Guinée and SAG signed on 28 June 2016 and ratified by the Guinean parliament on 13 December 2016. The Convention de Base was ratified by the constitutional court and published in the Journal Officiel of the Republic of Guinea on 24 January 2017. Dependent on the submission of the necessary renewal documentation on, or before, 4 March 2022, the concession is to be explored and mined exclusively for gold, silver and diamonds by SAG for 25 years from the date of agreement to 13 December 2041.

Geology
The concession is dominated by Proterozoic Birimian rocks which consist of turbidite facies sedimentary sequences. The two main types of gold deposits which occur in the Siguiri basin and are mined are:
laterite mineralisation (CAP) which occurs as surficial aprons of colluvium or as palaeo‑channels of alluvial lateritic gravel adjacent to, and immediately above in-situ deposits; and
in-situ quartz-vein related mineralisation hosted in meta-sediments with the better mineralisation associated with vein stockworks that occurs preferentially in the coarser, brittle siltstones and sandstones.

The mineralised rocks have been deeply weathered to below 100 metres in places to form saprolite mineralisation (oxide). With the percentage of available oxide ore decreasing, a feasibility study to investigate the exploitation of fresh rock material was completed in December 2015. The CIL combination plant conversion project began in 2017. The plant conversion will allow the mine to treat six million tonnes of sulphate ore and six million tonnes of oxide ore. Construction was completed in March 2019 and commissioning of different sections of the plant is underway.


MALI
Description
AngloGold Ashanti has interests in two operations in Mali, namely, Sadiola and Morila. It operates one of these two operations, Sadiola. AngloGold Ashanti previously had interests in Yatela, but entered into a sales agreement in February 2019 with the state of Mali, subject to several conditions precedent being fulfilled. Morila is in the final phase of closure and the Mineral Resource and Ore Reserve have been written off.

Mali - Morila
Description
AngloGold Ashanti has an effective 40 percent stake in Morila, as does Barrick Gold Corporation (operator). The state of Mali owns the remaining 20 percent.

The Morila mine has operated since 2001 and is situated 280 kilometres southeast of Bamako, the capital of Mali. When mining concluded in 2009 with the depletion of the orebody, operations at Morila transitioned to stockpile and tailings retreatment. The plant treats 4.3Mtpa and incorporates a conventional CIL process with an upfront gravity section to extract the free gold. Power is supplied by a subcontractor.

Geology
The Morila deposit is hosted in a flat lying fold structure which rises sharply to surface in the south and west. The deposit occurs within a sequence Birimian metal-arkoses of amphibolite metamorphic grade. Mineralisation is characterised by silica-feldspar alteration and sulphide mineralisation consists of arsenopyrite, pyrrhotite, pyrite and chalcopyrite.

Mali - Sadiola
Description
The mine is a joint venture between AngloGold Ashanti (41 percent) and IAMGOLD (41 percent) and the government of Mali (18 percent).and an agreement for the sale of Sadiola was announced in December 2019. The transaction is subject to the fulfilment, or waiver, of a number of conditions precedent, including the receipt of certain approvals and releases from the Government of Mali.

The Sadiola mine is situated in western Mali, 77 kilometres to the south of the regional capital of Kayes and about 440 kilometres north-west of the capital city of Bamako. The property lies within the Galam Bambouk gold area, which straddles the Mali-Senegal border close to the border with Guinea.

The Sadiola gold deposit has been mined by the Société d’Exploitation des Mines d’Or de Sadiola S.A. (SEMOS) since 1996. Mining reduced considerably due to the 2014 gold price decrease but continued predominantly in various satellite pits. On-site surface infrastructure includes a 5.0Mta CIP gold plant, where the gold is eluted and smelted. Power to the Sadiola mine is self-generated.

From 1996 until 2010, oxide and transitional ore from the Sadiola Hill pit was the primary ore source for the mine while being increasingly supplemented from the outlying satellite pits during the latter years. From 2011 the satellite pits became the dominant source of oxide and transitional ore. Sadiola ceased mining during 2018 and transitioned to a stockpile treatment plan. A feasibility study for the Sadiola Sulphide Project (SSP), which looked at mining and processing the sulphide ore, was completed in 2016. However, a decision to proceed remains on hold while awaiting the conclusion of negotiations with the government. The oxide mining activities were completed in early 2018. While awaiting the decision, the operation continues to process stockpiled oxide material.

SEMOS is bound by the original prospecting and exploitation agreement (including its subsequent legal modifications) entered into on 5 April 1990 between AGEM Limited (AGEM) and the state of Mali, valid for the original mineral commodities until 5 April 2020. The identity number of the current exploitation area, DECRET No 00-080/PM-RM DU 06 MARS 2000 is a modification of all previous exploitation areas. Sadiola is operated under the license DECRET No 00-080/PM-RM DU 06 MARS 2000 valid from 1 August 1994 to 1 August 2024 covering a total area of 303km2. The SSP project will extend operations beyond 2024. Dialogue with the government of Mali has been ongoing throughout the project study phase and, as such, there are no foreseeable reasons why the amended environmental and social impact assessment (ESIA) and associated approvals should not be approved.

Geology
The Sadiola deposit occurs within an inlier of greenschist facies metamorphosed Birimian rocks known as the Kenieba Window. The specific rocks which host the mineralisation are marbles and greywackes which have been intensely weathered to a maximum depth of 200 metres. As a result of an east-west regional compression event, deformation occurs along a north-south striking marble-greywacke contact, increasing the porosity of this zone. North-east striking structures which intersect the north-south contact have introduced mineralisation, mainly with the marble where the porosity was greatest. The Sadiola Hill deposit generally consists of two zones, an upper oxidised cap and an underlying sulphide zone.


TANZANIA
Description
Geita Gold Mine is wholly owned by AngloGold Ashanti and is AngloGold Ashanti's sole operation in Tanzania.

Tanzania - Geita
Description
The Geita Gold Mine is located in the Lake Victoria goldfields of the Mwanza region of Tanzania, about 120 kilometres west of Mwanza, four kilometres away from the town of Geita and 910km from the Tanzanian capital city of Dar es Salaam. It has been in operation since 1996.

Mining at Geita is by both open pit and underground methods. Historically, other pits such as Star and Comet, Matandani and Kukuluma have contributed to the ore feed. Current sources of ore are from the Nyankanga open pit mine and Star and Comet and Nyankanga underground mines. In 2016, underground mining commenced at Star and Comet to provide ore to the processing plant. This was joined in 2017 by the Nyankanga underground operations. The Geita Gold Mine is currently serviced by a 5.2Mtpa CIL processing plant. The circuit contains a primary gyratory crusher, secondary and tertiary crushers, a semi-autogenous mill, ball mill and 12 leach tanks. This is coupled with a gravity circuit using two knelson concentrators. In planning

the plant feed blend material hardness, grade and sulphide content are considered in order to optimise throughput and recovery. Power to the mine is self-generated.

The special mining licence (SML45/99) covers approximately 196.17km2 and expires on 26 August 2024. There are a further 120km2 of prospecting licences in the immediate vicinity to the special mining licence which do not contain any Ore Reserve. In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining license from open pit to underground method, subject to the requisite terms and conditions.

Geology
The terrain is Archaean in age and generally characterised by greenschist metamorphism, although amphibolitic metamorphism occurs in places. Ore zones are usually associated with Banded Iron Formation (BIF) or other iron rich rocks and typically when they are in contact with intrusive rocks such as diorites. These contacts have been deformed and act as fluid pathways for the mineralising fluids. Gold mineralisation is associated with alteration that includes sulphides such as pyrite and arsenopyrite, whilst other minerals such as hematite, magnetite, quartz, calcite, dolomite, biotite and chlorite also occur.


SOUTH AFRICA
Description
The South Africa operations comprise one deep level underground mine, the Mponeng mine, and three surface processing operations, collectively referred to as Surface Operations. The Surface Operations include the Vaal River Surface, Mine Waste Solutions (MWS) and the West Wits Surface processing operations. The surface operations rework and retreat the low grade stockpiles and tailings storage facilities (TSFs) which result from mining and processing of the primary and secondary reef horizons. Both Mponeng and the Surface Operations are wholly owned by AngloGold Ashanti. An agreement and sale was announced in February 2020 for Mponeng and the Surface Operations in South Africa. Operations in South Africa are powered by electricity from Eskom Holdings SOC Ltd which supplies 95 percent of the electricity used in South Africa.

South Africa - Mponeng
Description
Mponeng is situated to the south of the town of Carletonville and is approximately 65 kilometres west of Johannesburg. Mponeng is a deep level gold mine operating between 3,160 metres and 3,740 metres below mine datum (BMD*) and is currently the deepest mine in the world with development at 3,841 metres BMD. Future mining is planned to deepen the shaft bottom to 4,227 metres BMD. All production is currently from Ventersdorp Contact Reef (VCR) with future expansion on both VCR and the Carbon Leader Reef (CLR) horizons. Mponeng comprises a twin-shaft system housing two surface shafts and two sub-shafts. For the exploitation of the ever-deepening Mineral Resource and the need for flexibility on a mine of this nature, the sequential grid mining method was adopted. This has been proven as the best method suited to safe, deep level gold mining often associated with seismicity. Mponeng has its own processing plant situated adjacent to the mine. Ore is treated and smelted at the mine’s gold plant which also processes low grade ore from the stockpile adjacent to the shaft. The ore is initially ground down by means of semi-autogenous milling, after which a conventional gold leach process incorporating liquid oxygen injection is applied. The gold is then extracted by means of CIP technology. The plant conducts electro-winning and smelting using induction furnaces. The plant has a monthly capacity of 160,000 tonnes and operated at 111,000 tonnes for 2019.

AngloGold Ashanti holds a number of mining rights in the Mponeng area which have been successfully converted, executed and registered as new order mining rights at the Mineral and Petroleum Resources Titles Office (MPRTO). An S102 application was submitted in March 2017 to consolidate the three licences into a single mining right (GP30/5/1/2/2(01)MR).

Geology
The VCR is the main reef horizon mined at Mponeng Mine. The VCR forms the base of the Ventersdorp Supergroup, which caps the Witwatersrand Supergroup through an angular unconformity. The overlying Ventersdorp Lavas halted the deposition of the VCR, preserving it in its current state. The VCR consists of a quartz pebble conglomerate, which can be up to 3 metres thick in places. The footwall stratigraphy, following periods of uplift and erosion, controlled the development and preservation of the VCR, which is characterised by a series of channel terraces preserved at different relative elevations, and the highest gold values are preserved in these terrace deposits. The different channel terraces are divided by zones of thinner slope reef, which are of lower value and become more prevalent on the higher terraces and on the harder footwall units. CLR is the other gold bearing reef horizon exploited at Mponeng and lies 800 metres beneath the VCR. The CLR and VCR at Mponeng Mine are separated by shales and quartzites. The CLR has historically been mined extensively at Savuka and TauTona mines and the remaining portions thereof have now been transferred to Mponeng Mine.

* 0m BMD is 1,828.8 metres Above Mean Sea Level. Mponeng’s collar elevation (surface) is 275.8m BMD.


South Africa - Surface Operations
Description
Surface Operations comprise Vaal River Surface, MWS and West Wits Surface. The operations produce gold by processing surface material such as low grade stockpiles and the re-treatment of TSFs.

The Vaal River surface operations are located immediately to the north and south of the Vaal River, close to the town of Orkney in the North West province. These operations extract gold from the low grade stockpile material emanating as a by-product of the reef mining activities within the mines of the Vaal River area. The MWS operations are located approximately 8 kilometres from the town of Klerksdorp near Stilfontein, within 20 kilometres of the Vaal River Surface operations. The MWS feed sources (TSFs) are scattered over an area that stretches approximately 13.5 kilometres north to south and 14 kilometres east to west. The West Wits Surface operations are located on the West Wits Line, near the town of Carletonville, straddling the border between the North West and Gauteng provinces.

MWS’s license to mine is covered by the environmental authorisation under the National Environmental Management Act, No. 107 of 1998. In terms of the current legislation, the Mineral and Petroleum Resources Development Act, No. 28 of 2002 (the MPRDA), a mining right is not required to reclaim TSFs. MWS can prove ownership and tenure of the operations. The current mining rights for the West Wits operations cover both underground and surface horizons. The TSFs falling outside the mining right area are accommodated in the approved EMP and financial provision for rehabilitation for the West Wits mining rights, as well as under historic surface rights permits for West Wits, which are still valid.

Low grade stockpiles in the Vaal River area are processed through the Kopanang Gold Plant which is a dedicated surface sources metallurgical plant with a capacity of 361,200 tonnes per month, while all AGA owned tailings material in the Vaal River and MWS areas is processed through the three metallurgical streams at the MWS metallurgical operations with a monthly capacity of 2.26 million tonnes. At West Wits Surface Operations, the Savuka Gold Plant is dedicated to processing tailings material, while low grade stockpile material is processed through both the Savuka and Mponeng Gold Plants, with the latter the low grade stockpile material is used to fill the processing gap.

Low grade stockpiles
The low grade stockpiles consist of waste rock mined from underground workings, hoisted, transported and deposited via conveyor belts. The gold contained within these dumps was sourced from three areas namely:
Minor reef intersected while accessing the primary reef;
Gold-bearing reef that was contained within small fault blocks that were exposed by off-reef development; and
Cross-tramming of gold-bearing reef material to the waste tips.

Tailings Storage Facilities
The TSFs consist of tailings material which originated from the processing of underground ore from the various AGA operations in the Vaal River area and the Buffelsfontein, Hartebeestfontein and Stilfontein gold mines as well as, various operations in the West Wits area. These gold mines are deep level gold mines, which predominantly extract the tabular, conglomeratic Vaal Reef (VR), CLR and VCR. The VR has been predominantly mined for gold in the past although the reef also contains uranium oxide. The same is true, but to a lesser extent, with the CLR and VCR. The material contained in the TSFs is fine in nature. The footprints of the MWS TSFs and Vaal River Surface operations TSFs cover an area of approximately 1,100ha.


THE AMERICAS

The Americas includes mining operations in two countries, Brazil and Argentina and advanced greenfields projects in Colombia. Mining is from both open pit and underground, with AGA Mineração Cuiabá and Lamego being underground mines and Cerro Vanguardia, Serra Grande and AGA Mineração Córrego do Sítio being a combination of open pit and underground mines.


ARGENTINA
Description
Cerro Vanguardia, in which AngloGold Ashanti has a 92.5 percent stake, is our sole operation in Argentina. Fomicruz, a state company, owns the remaining 7.5 percent. The operation is operated by AngloGold Ashanti.

Argentina - Cerro Vanguardia

Description
AngloGold Ashanti has a 92.5 percent interest in Cerro Vanguardia with Fomicruz owningis located approximately 110 kilometres north-northwest of the remaining 7.5 percent. Located to the northwestcoastal town of Puerto San Julian in the province of Santa Cruz,Cruz. Cerro Vanguardia consists ofis a gold-silver mine with multiple small open pits with high stripping ratios and multiple narrow-vein underground mines. Shallowmines, located at different parts of the property but mined simultaneously. The mine has been operated by AngloGold Ashanti since 1998.




Cerro Vanguardia commenced as an open pit operation in 1998 and this was supplemented in 2010 with the start of shallow underground mining began in 2010 to access high-grade material and accounts for about 30 percent ofmaterial. To complement the mine’s production.already existing gold plant, a heap leach operation was started in 2012. The mine has been operated by AngloGold Ashanti since 1998. The orebodies comprise a series of hydrothermalepithermal vein deposits containing gold and large quantities of silver, which is mined as a by-product. Ore is processed at either theThe metallurgical plant which has a capacity of 3,450 dry tonnes per day1.3Mtpa and includes a cyanide recovery facility orfacility. Production capacity of the heap leach operationfacility, which startedwas commissioned in 2012 and processes lower-grade material, is around 1.6Mtpa at gold and silver grades of around 0.65g/t and 17g/t respectively. Four natural gas power generators fed by a 40 kilometre long pipeline provide electricity to process the low grade material. Power foroperation.

The mining lease encompasses an area of approximately 543km2. The licence 402642/CV/97 covers the mine is self-generated but operated by an external contractor. The mine has been operated by AngloGold Ashanti since 1998.full Ore Reserve, was issued on 27 December 1996 and expires on 26 December 2036.

Geology
The oldest rocks in this part of Patagonia are metamorphics of the Precambrian-Cambrian age. These are overlain by Permian and Triassic continental clastic rocks which have been faulted into a series of horsts and grabens and are associated with both limited basaltic sills and dykes and with calc-alkaline granite and granodiorite intrusions. Thick andesite flows of Lower Jurassic age occur above these sedimentary units. A large volume of rhyolitic ignimbrites was emplaced during the Middle and Upper Jurassic age over an area of approximately 100,000 square kilometres. These volcanic rocks include the Chon Aike formation ignimbrite units that host the gold bearing veins at Cerro Vanguardia. Post-mineral units include Cretaceous and Tertiary rocks of both marine and continental origin, the Quaternary La Avenida formation, the Patagonia gravel and the overlying La Angelita basalt flows. These flows do not cover the area of the Cerro Vanguardia veins.

Gold and silver mineralisation at Cerro Vanguardia occurs within a vertical range of about 150 metres to 200 metres in a series of narrow, banded quartz veins that occupy structures within the Chon Aike ignimbrites. These veins form a typical structural pattern related to major north-south (Concepcion) and east-west (Vanguardia) shears. Two sets of veins have formed in response to this

shearing. One set of veins strikes about N40W and generally dips 65 to 90 degrees to the east; while the other set strikes about N75W and the veins dip 60 degrees to 80 degrees to the south.

The veins are typical of epithermal, low-temperature, adularia-sericite character and consist primarily of quartz in several forms: as massive quartz, banded chalcedonic quartz, and quartz-cemented breccias. Dark bands in the quartz are due to finely disseminated pyrite, now oxidised to limonite. The veins show sharp contacts with the surrounding ignimbrite which hosts narrow stockwork zones that are weakly mineralised and appear to have been cut by a sequence of north-east-trending faults that have southerly movement with no appreciable lateral displacement.


BRAZIL
Description
AngloGold Ashanti’s operations in Brazil comprise AngloGold Ashanti Córrego do Sítio Mineração (AGA Mineração) in the Quadrilátero Ferrífero, Minas Gerais state and Mineração Serra Grande (MSG) in Goiás state. All operations are wholly owned by AngloGold Ashanti. Anglogold Ashanti generates part of the power for its operations in Brazil at the Rio de Peixe hydroelectric plants and through its stake in the Igarapava consortium. The balance is purchased on the open market in long term contracts to secure supply.

Brazil - AngloGold Ashanti Córrego do Sítíotio Mineração (AGA Mineração)

S.A.
Description
AngloGold Ashanti Córrego do Sítíotio Mineração S.A. (AGA Mineração) comprises two operational units,, consists of several mining operations, namely the Cuiabá, Lamego and the Córrego do Sítío complexes.

tio.

The Cuiabá complex includes the Cuiabá and Lamego mines and the Cuiabá and Queiroz plants. The Cuiabá and Lamego mines are located near Sabará, southeast and east respectively of the city of Belo Horizonte, the capital of Minas Gerais State,state, in the southeast of Brazil. The Cuiabá mine is a mix of cut-and-fill and long hole stopingstopes accessed by rampramps and a shaft. Lamego is a newnearby mine developed to mine an underground sulphide ore. The first stage of the processing of the ore from Cuiabá and Lamego mines is in the gold plant at the Cuiabá complex, where concentrate is produced. The material is then transported 15 kilometres by aerial ropeway to the Queiroz plant where milling, flotation, roasting, leaching, precipitationthe concentrate is roasted, and refining occur. Total capacitythe calcine proceeds to a carbon circuit for further refining. Sulphur gas is captured for processing through the acid plant. Approximately 230ktpa of sulphuric acid is produced as a by-product. Capacity of the complete circuit is 1.7 million tonnes per year and recoveries of 93 percent are achieved. Power for the mine is both self-generated and supplied by Cemig a state owned company.2.1Mtpa. The Cuiabá mine became operational in 1988 and the Lamego mine in 2009. Some of the older mines which are now closed have been operating since 1834.

The Córrego do Sítíotio (CdS) is located in the Municipalitymunicipalites of Santa Bárbara 60and Barão de Cocais, 90 kilometres east of the city of Belo Horizonte in the capital of Minas Gerais state.state, in the southeast of Brazil. The southern portionCdS gold complex has been in operation since 1989 and consists of this mining complex is referred totwo operations: an oxide open pit mine and two sulphide underground mines known as CdS I while the northern portion (formerly known as São Bento) has been renamed CdS II. CdS comprises one surface (oxide) and two sub-level stoping underground (sulphide) mines, as well as a heap leach pad and sulphide plant, the latter originally acquired from Eldorado late in 2008 was refurbished and brought into operation in January 2012.CdSII. There are two metallurgical plants in CdS: the heap-leachheap leach plant for the oxide ore and the sulphide plant. The sulphide process consists of crushing, grinding and gravity concentration, flotation, thickening, acidulation, pressure oxidation (POX autoclave), CCD (counter current decantation), CIL extraction, elution, neutralisation, electro winningelectro-winning and tailings disposal. The plant and POX circuit have a capacity as of 600ktpy.600ktpa. The heap-leaching process consists of crushing, agglomeration, stacking, leaching, adsorption, elution and electro winning. Powerelectro-winning with a total capacity of 650ktpa. Total capacity of the complete circuit is supplied to CdS by Cemig a state owned company.1.5Mtpa.

Brazil - Summary
Cuiabá is covered by a single concession granted by the Brazilian National Mining Agency (ANM), namely 000.323/1973 held by AGA Mineração, covering a total area of metallurgical3,662ha. Lamego is covered by three geographically contiguous ANM concessions granted to AGA Mineração, namely concession 830.720/1981, 831.554/1983 and 832.238/2003 covering a total area of 1,622.68ha. CdS is covered by four ANM concessions, namely 930.556/2000; 930.181/2008; 830.129/1982 and 833.472/2003 covering a total of 5,461.07ha. According to Brazilian mining laws, expiry of claims, licenses, and other tenure rights coincide with the depletion of Ore Reserves, cessation of mining operations
 Córrego do Sítío Oxide
 Córrego do Sítío Sulphide
 Cuiabá
 Serra Grande  
Capacity
(000 tonnes/month)
50
 58
 150
 115
and legally required post-operations activities (e.g. mine closure), provided all annual reports have been approved by the ANM.

Geology
The area in which AGA Mineração is located is known as the Iron Quadrangle and is host to historic and current gold mining operations, as well as a number of open-pit limestone and iron ore operations. The geology of the Iron Quadrangle is composed of Proterozoic and Archaean volcano‑sedimentary sequences and Pre‑Cambrian granitic complexes. The host to the gold mineralisation is the volcano-sedimentary Nova Lima Group (NLG) that occurs at the base of the Rio das Velhas SuperGroupSupergroup (RDVS). The upper sequence of the RDVS is the meta-sedimentary Maquiné Group. Cuiabá mine, located at Sabara Municipality, has gold mineralisation associated with sulphides and quartz veins in Banded Ironstone Formation (BIF) and volcanic sequences. At this mine, structural control and fluids flow ascension are the most important factors for gold mineralisation with a common association betweenwith large-scale shear zones and their associated structures. Where BIF is mineralised the ore appears strongly stratiform due to the selective sulphidation of the iron rich layers. Steeply plunging shear zones tend to control the ore shoots, which commonly plunge parallel to intersections between the shears and other structures.


The controlling mineralisation structures are the apparent intersection of thrust faults with tight isoclinal folds in a ductile environment. The host rocks at Brasil MineraçãoCuiabá are BIF, Lapa Seca and mafic volcanics (principally basaltic). Mineralisation is due to the interaction of low salinity carbon dioxide rich fluids with the high-iron BIF, basalts and carbonaceous graphitic schists. Sulphide mineralisation consists of pyrrhotite and pyrite with subordinate pyritearsenopyrite and chalcopyrite; the latter tends to occur as a late-stage fracture fill and is not associated with gold mineralisation. WallrockWall rock alteration is typically carbonate, potassic and silicic.

CdS is located in the eastern part of the lower to middle greenschist facies archean Rio das Velhas greenstone belt. The CdS I, II and III gold deposits and associated targets are located in a gold trend that extends for about 14km14 kilometres in a north-easterly direction, from Grota Funda (CdS I areas)I) in the south to Jambeiro (CdS III areas)III) in the north. CDSII AreaCdSII is the north portion of the Corrego do Sítio gold trend. The main gold targets and deposits are distributed over three trends, namely the CdS trend, the Donana Trend and the Cristina Trend. At CdSI, the main orebodies are Rosalino, Cachorro Bravo, Laranjeiras and Carvoaria, which are currently under-productionproducing and are the most relevant mineralisationsdeposits at Mine I. At CdSII, the main orebodies are São Bento, Pinta Bem (both BIF hosted) and Sangue de Boi (metapellitic hosted). At CdSIII, Anomalia I and II represent the best informed orebodies with the highest level of information and potential so far (For(for formal declaration purposes, CDSIIICdSIII deposits are incorporated as CDSII)CdSII). CdS mineralisation occurs in a greenstone belt geological environment, where the gold content is associated towith quartz and sulphides (mainly very fine arsenopyrite acicular crystals) in a structurally controlled corridor of approximately 16 - 20km in20 kilometres on strike length and about 500m500 metres vertical extent, developed underin a compressional tectonic settings. setting.

Brazil - Mineração Serra Grande

(S.A.)
Description
Mineração Serra Grande (MSG or Serra Grande) is located in central Brazil, in the state of Goiás, about five kilometerskilometres from the city of Crixás. Serra Grande comprisess and 420km from the Brazilian capital, Brasilia. It operates three mechanised underground mines: Mina III (which includes orebody IV), Mina Nova (which includes the Pequizão orebody) and Palmeiras - and antwo open pit mines. Three mining methods used underground are: sub-level stoping (bottom-up and top-down), room and pillar. The metallurgical plant has the capacity of 1.5Mtpa and combines CIL and gravimetric circuits. The ore is blended to feed the crushing circuit with a capacity of 3,800tpd. There are two mills in operation, and 20 leaching tanks with capacity of 4,800m3 divided between preliming and cyanidation stages. About 58% free gold is captured in the outcrop of Mina III orebodies. A gold bearing quartz vein was identified just beneath Pequizão Orebody and a new decline is being developed from Mina III (orebody IV) to access and expose this new orebody named Ingá, which contains high grade ore. One dedicated metallurgical plant treats ore from these different sources.parallel gravity circuit. The annual capacityrest of the processing circuit, which has grinding, leaching, filtration, precipitation and smelting facilities,gold is 1.3 million tonnes.  The power forrecovered by the mineCIL process to form the bullion that is supplied and purchased insent to the open market.Nova Lima refinery. The mine became operational in 1989 and has been operated by AngloGold Ashanti since 1999.

Serra Grande is covered by five ANM concessions, namely 002.286/1935, 960.658/1987, 860.746/2005, 862.103/1994 and 804.366/1975 covering a total area of 6,563.51ha. According to Brazilian mining law expiry of claims, licenses, and other tenure rights coincide with the depletion of Ore Reserves, cessation of mining operations and legally required post-operations activities (eg mine closure), provided all annual reports have been approved by the ANM.

Geology
The gold ore deposits are located in the Rio Vermelho and Ribeirão das Antas Formations of the Archaean Pilar de Goia’s Group which account together for a large proportion of the Crixás Greenstone Belt in central Brazil.

The stratigraphy of the belt is dominated by basics and ultrabasics inof the lower sequences with volcano sedimentary units forming the upper successions.

The gold deposits are hosted in a sequence of schists, meta volcanics and dolomites occurring in a typical greenstone belt structural setting. Gold mineralisation is associated with massive sulphides and vein quartz material associated with carbonaceous and sericitic schists and dolomites.  The oreshoots plunge to the north-west with dipping between six6 and 35 degrees. The stratigraphy

is overturned and thrusted towards the east, being recognized differentwith recognised shear and thrust structures that are stacked and controlsstacked. These control the mineralisation behavingand behave as frontal and lateral ramps and horses.

The greenstone belt lithologies are surrounded by the TTG suite of Archaean tonalitic gneissgneisses and granodiorites of TTG suite.granodiorites. The metamorphic sediments are primarily composed of quartz, chlorite, sericite, carbonaceous material and garnetiferousgarnet bearing schists. The carbonates have been metamorphosed to ferroan dolomite marble with development of siderite and ankerite veining in the surrounding wallrock, usually associated with quartz veins. The basalts are relatively unaltered but do show pronounced stretching with elongation of pillow structures being evident.

The Crixás greenstone belt comprises a series of Archaean to Palaeoproterozoic metavulcanics,metavolcanics, metasediments and basement granitoids stacked within a series of north to north-east transported thrust sheet. Thrusting (D1) was accompanied by significant F1 folding/foliation development and progressive alteration in a brittle-ductile regime. D1 thrusting was developed with irregular thrust ramp geometry, in part controlled by concealed early basin faults. The main Crixás orebodies are adjacent to a major north‑northnorthwest structural corridor and upjuxtaposed to the main fault ramp/corner toand become dispersed to the east and north in zones of foreland thrust flats. Fluid alteration also diminishedAlteration diminishes to the west away from the main fault corner. A series of concealed east-west to northwest‑northwestsoutheast basement block faults may have provided secondary fluid migration, and development of early anti‑antiformal warps in the thrust sheets; these structures probably define the quasi‑quasiregular spacing of significant mineralisation within the belt. The D1 thrust stack was gently folded by non‑noncylindrical folds. Gold mineralising fluids probably migrated during this event, with similar south‑south‑southsouthwest to north‑north‑northnortheast migration, and focusing on bedding slip during folding. Gold mineralisation became minordecreases and disperseddisperses to the north and east along the formal thrust flat zone. Concentrations of gold alongwithin the case of quartz vein may be due to the damming of fluids migrating upward along layering.


COLOMBIA
Description
Colombia has three advanced greenfields projects, La Colosa, Quebradona and Gramalote of which Quebradona and Gramalote have an Ore Reserve.

Colombia - Gramalote

Description
The Gramalote Projectproject is a Joint Venturejoint venture between AGA (51 percent and manager)AngloGold Ashanti and B2Gold (49 percent)Corp (B2Gold). Since the beginning of 2020, B2Gold is responsible for the management of the Gramalote JV and AngloGold Ashanti and B2Gold now each hold 50 percent of the attributable shares in the Gramalote JV.

The property is located near the town of Providencia and San Jose del Nus within the municipality of San Roque in the, northwest of the Department of Antioquia, Colombia. It is approximately 230 kmkilometres northwest of the Colombian capital of Bogota and 124 kmkilometres northeast of Medellin which is the regional capital of the Antioquia Department. The region encompassing Gramalote has a long history of artisanal gold mining. Gramalote itself has had small scale artisanal mining for several decades prior to exploration work and mineral discovery by AngloGold Ashanti. Drilling

Development of the Gramalote project commenced in 2006. In 2010, AngloGold Ashanti became the operator with a 51 percent share. Sufficientscoping study in 2009. A number of studies followed, leading to submission of a prefeasibility study in late 2013, which did not meet investment hurdles. From 2014 to 2017 intensive work was completedundertaken by all technical disciplines to enable a Pre-Feasibility studyidentify ways to be completedimprove the project economics. The main changes were an improved orebody model, grade streaming to increase the feed grade in late 2013. This was then updated on the back of growthearly years and early treatment of the Mineral Resource, significant mineral processing opportunities identified byoxide ore that overlies the project team and ongoing capital and operating cost optimisation. Themain sulphide resource. An enhanced Pre-Feasibilityprefeasibility study was completed in September 2017, which supported the reporting of a maiden Ore Reserve. In 2019, further geological refinement improved the project economics. The project has progressed to a feasibility study. Power is expected to be supplied to the Gramalote project from the national power grid.

Gramalote comprises one integrated exploitation concession and approvedone exploration concession which was granted in June 2019. The first, the 14292 concession totalling 8,720.71ha, expires on 3 April 2043 and contains the Gramalote and Monjas deposits. The second is the 4894 concession which covers 2,292.81ha and hosts the Trinidad deposit. This concession expires in June 2021 but can be extended by 11 years if required. In 2016, the boardproject received its environmental and construction permits to operate for the LOM. According to Colombian mining law the exploration phase begins as soon as the concession contract is registered in November 2017.the National Mining Registry. The total period for the concession contract (exploration, installation and construction, and exploitation) is 30 years, which may be renewed for an additional 20-year period. Under Colombian mining law, producing mines are subject to a federal royalty of 4 percent on 80 percent of the value of gold and silver production. Thus the Gramalote net royalty is 3.2 percent on gold and silver production.

Geology
The Gramalote deposit is located in the northern portion of the Central Cordillera of Colombia. The terrain is mainly composed of a metamorphic basement complex and the Antioquia Batholith. The terrane of the Cajamarca-Valdivia basement consists of metamorphic rocks, volcanic rocks, oceanic ophiolites and intrusive rocks. The Antioquia Batholith, which is of Upper Cretaceous age, covers an area of 7221 km2km2 and constitutes the core of the Central Cordillera. About 92 percent of this intrusive corresponds to (normal phase) tonalite and granodiorite and eight percent to two subordinate types of rocks - granodiorite to quartz-monzonite and gabbro. From a structural point of view, the Antioquia Batholith has a history of uprising complex and lasting.uplift. Major lineaments affect the batholith,

especially in its eastern sector where traces ofthey trend WNWwest northwest varying to NW, recordednorthwest, where they show rotation and sinistral shear sinistral movement. Westward dextral transpression dominates along the Romeral Fault System.

Gramalote is an intrusive-hosted structurally controlled stockwork gold and silver deposit. Mineralisation is controlled by north-east/south-west trending shear zones and north-northwest tonorth-northwest/ south-southeast trending shear extensional zones affecting the tonalites and granodiorites of the Antioquia Batholith. Gold mineralisation is associated with three overprinting and texture destructive alteration assemblages includingnamely: potassic, quartz-sericite and sericite carbonate. Within these alteration zones, anomalous gold mineralisation is associated with three specific types of stockwork quartz veining.vein stockworks. These include quartz veinlets with fine-grained pyrite, quartz-carbonate veinlets and quartz veinlets with granular pyrite.

Colombia - Quebradona
Description
The Quebradona project is a JV between AngloGold Ashanti and B2Gold and has completed a conceptual study (2016) as well as a prefeasibility study (2018), which supported reporting of a maiden Ore Reserve. The project has progressed to a feasibility study. During 2019 B2Gold participation dropped below 5 percent which resulted in AngloGold Ashanti becoming the 100 percent owner. The Quebradona project is situated in the Middle Cauca region of Colombia, in the Department of Antioquia, 60 kilometres south-west of Medellin.

Five main targets have been identified, namely Nuevo Chaquiro, Aurora, Tenedor, Isabela and La Sola. Nuevo Chaquiro is the most advanced of the targets. Nuevo Chaquiro, a significant copper-gold porphyry, is one of five known porphyry centres on the property and has been the focus of exploration activities since the beginning of 2011 with more than 75 kilometres of drilling completed. Nuevo Chaquiro was the sole deposit considered in the feasibility study.

Quebradona comprises one tenement (5881) which is the result of the integration of the five original tenements (5869, 6318, 6359, 7579 and 5881). Integrated tenement 5881 was issued on the 9 December 2016 and totals 7,593ha.

Quebradona will be a copper mine with gold and silver as by-products. The project is close to existing highway, state and rural roads, and HV/MV power infrastructure. The planned mining method is sub level caving. The planned underground infrastructure consists of an adit to access the orebody and number of internal vertical ore passes that gravity feeds to the main ore transfer level. The material will be transferred to the main internal crusher by load and haul dump vehicles. Crushed material will then be transferred downhill to surface via a 6 kilometre conveyor, in a dedicated adit to a coarse ore stockpile.

Geology
The host rock geology of Nuevo Chaquiro comprises a volcaniclastic sequence of Miocene age (ash, tuffs, agglomerates and andesites) intruded by small dykes of diorite and quartz diorite, also of Miocene age. The intrusions are by various pulses of diorites with the primary intrusive being a fine to medium grained quartz diorite. Most of the intrusives do not outcrop. These intrusives are categorised into pre-mineral, early, intra-mineral and late, according to cross cutting relations, locality and copper-gold values. The developed alteration follows a well zoned porphyry type alteration system ranging from a high temperature, potassium silicate central zone (biotite, magnetite, chalcopyrite, and molybdenite), which trends into an overlying sericitic alteration zone (muscovite, chlorite, quartz, pyrite,+-tourmaline) surrounded by more distal propylitic alteration (chlorite, epidote, illite, carbonate). There is also an inner core of calcic-potassic alteration featuring biotite, actinolite, epidote, and anhydrite with lower copper, gold and molybdenum values. The mineralised zone is characterised by fine stock works, disseminations and veinlets of quartz, magnetite, pyrite, chalcopyrite and molybdenite.


AUSTRALIA

Description
Australia comprises two operational mines. Sunrise Dam, which is wholly owned, and Tropicana Gold Mine, a JV with IGO Limited, which holds a 30 percent stake, are both located in Western Australia. Mining is from both open pit and underground, with Sunrise Dam currently being an underground mine and Tropicana an open pit with underground in development.

Australia - Sunrise Dam
Description
Sunrise Dam, which is wholly owned, is located 220 kilometres northeast of Kalgoorlie and 55 kilometres south of Laverton in Western Australia. Underground mining, which is conducted by a contract mining company, is the primary source of ore, with supplementary mill feed provided by stockpiles.

Open pit production began in 1997 was completed at a final depth of 500 metres below surface. Underground mining commenced in 2003 with a number of different mining methods being applied, depending on the style of mineralisation and grade of the geological domain. By 2014, the mine was wholly an underground mining operation supplemented with stockpile feed. The underground mining infrastructure has been undergoing continuous upgrades with an extra power feed to the underground mine completed in 2017 and a major ventilation fan upgrade completed in 2018.


Sunrise Dam operates within two mining leases covering over 7,800ha, which are in good standing with the expiry dates in 2038. All Mineral Resource, Ore Reserves and mine infrastructure are hosted within lease M39/1116 while lease M39/1117 hosts water extraction infrastructure used to supply the operation with water.

Mining is carried out by underground mining contractors and productivity improvements over the past few years has seen total underground tonnages mined reach a steady state of around 2.8Mtpa. This has been possible by the use of bulk mechanised sub-level open stoping using stabilising pillars and waste backfill where possible. Paste fill has been introduced in selected areas from 2019 to improve ore recovery in the higher grade parts of the Vogue ore zone. Ore is treated in a conventional gravity and CIL process plant. Installation of a new fine grind and flotation circuit was completed the second half of 2018. The plant throughput rate for Sunrise dam is 4.1Mtpa. Power at Sunrise Dam is self-generated, and the mine uses natural gas supplied via an APA Operations (Pty) Limited pipeline.

Geology
Gold ore at Sunrise Dam is structurally and lithologically controlled within gently dipping high strain shear zones and steeply dipping brittle-ductile low strain shear zones. Host rocks include andesitic volcanic rocks, volcanogenic sediments and magnetic shales.

Australia - Tropicana
Description
Tropicana, a joint venture between AngloGold Ashanti (70 percent and operator) and IGO Limited (30 percent), is located 200 kilometres east of Sunrise Dam and 330 kilometres east-northeast of Kalgoorlie Boulder, Western Australia. Open pit mining began during 2012 with first gold production occurring during September 2013. The operation features a large scale, modern processing plant which uses conventional CIL technology and includes high-pressure grinding rolls for energy-efficient comminution. Open pit mining activities are carried out by a contract mining company and the plant is owner-operated.

Tropicana has security of tenure for all current exploration licences and the mining lease that covers its future Ore Reserve. This lease is M39/1096 and is valid from 11 March 2015 to 10 March 2036 covering a total area of 27,228ha. The previous 31 mining leases comprising 27,228ha (including M39/980, M39/981, M39/982 and M39/1052), were conditionally surrendered in favour of the grant of a single mining lease, M39/1096, on 11 March 2015 for 21 years with all existing rights and obligations preserved. This process was completed with the co-operation of the Department of Mines and Petroleum.

The Tropicana joint venture has active exploration programmes seeking both satellite extensions to the Tropicana Gold Mine and discoveries with standalone potential. The Boston Shaker underground was approved through a feasibility study in February 2019, and has been in development since May 2019, with first ore stopes scheduled for July 2020. A prefeasibility study is examining the options around mining the depths of the Havana pits. The study will trade-off open pit vs. underground options for material below the current pit.

All surface infrastructure facilities are in place and operational. The processing plant and TSF are operating well, consistent with design specifications. The infrastructure includes, but is not limited to, a dedicated gas and diesel power station, water supply, processing plant, mine, dewatering infrastructure, tailing dump facility, workshops, camp facilities and airstrips. The processing plant comprises crushing, high pressure grinding rolls, one stage grinding and CIL recovery with a capacity of between 8 and 9Mtpa. The 2019 achieved annual throughput rate was 8.65Mtpa. Power is supplied to the mine by on site gas and diesel power stations, natural gas is supplied via an APA Operations (Pty) Limited pipeline.

Geology
Gold mineralisation at Tropicana occurs in high metamorphic grade gneissic rocks, which dip gently to the south east. Mineralisation is structurally controlled and occurs within a preferred host unit within the gneissic package.  Post mineralisation faulting has separated the once continuous ore zone, with open pits developed on each of the fault bounded blocks.


ORE RESERVE

The combined Proven and Probable gold Ore Reserve of the group amounted to 49.643.8 million ounces (Moz) as at 31 December 2017.2019. The Probable copper Ore Reserve of the group amounted to 3,068 million pounds (Mlbs) as at 31 December 2019.

Ore Reserve estimates are reported in accordance with the requirements of the SEC’s Industry Guide 7. Accordingly, as of the date of reporting, all Ore Reserve is planned to be mined out under the life-of-mine plans within the period of AngloGold Ashanti’s existing rights to mine, or within the renewal periods of AngloGold Ashanti’s rights to mine. In addition, as of the date of reporting, all Ore Reserve is covered by required mining permits or there is a high probability that these approvals will be secured.

AngloGold Ashanti has standard procedures for the estimation of Ore Reserve. These standard procedures are performed by experienced technical personnel at the mining operations and reviewed by regional and corporate Competent Persons.

In the case of its underground mines, the procedure is as follows: Firstly, gold content and tonnage are estimated for in-situ mineralised material at a mining operation. This mineralised material is not necessarily economically viable over the full extent of the operation. Exclusions on the grounds of safety (for example, stability pillars and shaft pillars) are then also defined. Grade-tonnage curves specific for each of the deposits, in conjunction with parameters such as the cost structure, yield, mine call factor and gold price estimates are used to determine an optimal mining mix. This process facilitates the determination of the average grade to be mined by each operation. This grade is then applied to the grade-tonnage curves, which in turn facilitates the determination of the cut-off grade and Ore Reserve tonnage for the operation. A full mine design is carried out on the blocks of mineralised material, excluding any large mining areas that do not meet the cut-off grade criterion. This mining plan is reviewed to ensure that it satisfies the economic criteria and practical limitations of access and timing. If the review process is positive, then the mineralised material (with dilution and discounts) included in the mining plan is declared and published as the Ore Reserve for that operation.

In the case of open-pit mines the procedure is as follows: revenue and costs are calculated for each mining block within a three-dimensional model of the ore body using estimated values for gold price, operating costs and metallurgical recoveries. An optimization process is then applied to determine the combination of blocks within the model that make a positive contribution under these estimations. Block selection is within a shell whose limits are defined by the planned slope angles of the pit. Within this process, a cut-off grade is applied which determines the ore blocks to be treated and included in the Ore Reserve. These blocks are scheduled with consideration being given to practical mining constraints and limitations. Scheduled ore blocks that are classified as Proven or Probable constitute the Ore Reserve.

The gold price used for determining the 20172019 and 20162018 Ore Reserve are outlined in the following table:
2017
 2017
 2016
 

Units
2019
 2019
 2018
 

Units
(3 year
average)

 
(Ore
Reserve)

 
(3 year
average)

 
(3 year
average)

 
(Ore
Reserve)

 
(3 year
average)

 
Ore Reserve Gold Price1,222
 1,100
 1,225
 US$ per ounce  1,307
 1,100
 1,258
 $ per ounce  

The Ore Reserve determined from the planning process was then tested for economic viability at the three-year historical average goldcopper price shown in the above tableused for determining the SEC compliant2019 and 2018 Ore Reserve. Reserve are outlined in the following table:
 2019
 2019
 2018
 

Units
(3 year
average)

 
(Ore
Reserve)

 
(3 year
average)

 
Ore Reserve Copper Price2.83
 2.65
 2.66
 $ per pound  

The SEC test indicates the vast majorityall of the SAMREC/JORCSAMREC Ore Reserve, apart from CVSA, is economically viableeconomic and meetmeets the requirements of the SEC. ThereforeThe CVSA SEC Reserve will be 0.077Moz less than the SEC and SAMREC/JORCSAMREC Ore Reserve are all but identical except for Kopanang and AGA Mineraçãodue to the hyperinflation of the US$/ARS exchange rate where the three yearthree-year average SEC exchange rate caused small changes.of 32.21 is much lower compared to the AGA exchange rate (based on the last year rates only) of 51.89. AngloGold Ashanti selects a conservative Ore Reserve price relative to its peers, in line with AngloGold Ashanti’s strategy of including a margin in the mine planning process. The resultant SEC compliant Proven and Probable Ore Reserveplan is shown in the following pages.then valued at a higher business planning price.

In Australia and South Africa, AngloGold Ashanti is legally required to publicly report Ore Reserve and Mineral Resource according to the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves (The JORC Code, 2012 edition) and the South African Code for Reporting of Exploration Results, Mineral Resources and Mineral Reserves (The SAMREC Code, 2016 edition). The SEC’s Industry Guide 7 does not recognizerecognise Mineral Resource. Accordingly, AngloGold Ashanti does not report estimates of Mineral Resource in this annual report on Form 20-F.




Gold:
The AngloGold Ashanti Ore Reserve decreasedreduced from 50.0Moz44.1Moz in December 20162018 to 49.6Moz43.8Moz in December 2017.2019. This gross annual decrease of 0.4Moz0.3Moz includes depletion of 4.3Moz.3.7Moz. The balanceincrease before depletion of 3.9Moz3.4Moz, resulted from additions in Ore Reserve, results fromdue to exploration and modelling changes of 4.0Moz and other factors of 0.7Moz, whilst3.6Moz, changes in economic assumptions of 0.4Moz and a change in ownership of 0.1Moz. Other factors resulted in a 0.8Moz0.7Moz reduction. The Ore Reserve has beenwas estimated using a gold price of US$1,100/oz (2016:(2018: US$1,100/oz).


The principal changes in AngloGold Ashanti’s Ore Reserve as at 31 December 2017,2019, compared with those published as at 31 December 2016,2018, are as follows:
ORE RESERVE - GOLDMoz
Ore Reserve as at 31 December 2016201850.044.1
Depletions -4.3(3.7
)
 Sub Total45.740.4
AdditionsDue To 
Obuasi
Model updates which resulted in new designs for Sansu, Blocks 8 and 11.
1.3
GramaloteKibaliPositive Pre-Feasibility study completeExploration which upgraded Inferred Mineral Resource which was partially offset by higher open pit costs which resulted from the changes in the DRC mining code. Fresh rock processing costs also increased.0.8
GeitaExploration additions at Nyankanga and approved by Board.Star and Comet and the steepening of the planned eastern pit wall at Nyankanga Cut 8.1.80.8
AGA MineraçãoInclusion of transitional and sulphide material
Additions to the Cuiabá model, mainly at Serrotinho, which were countered by increased costs used in the CDS Rosalina open pitfeasibility study for mining of the secondary orebodies as well as Mineral Resource conversions.a review of mining methods. At Lamego, additions resulted from exploration at Carruagem.
0.90.5
TropicanaIduapriemModel revisions for Havana South and new designs for Boston Shaker.Inclusion of Block 5 in the Ore Reserve given reduced mining costs.0.60.5
ObuasiQuebradonaNew mine plan based on new Mineral Resource models.0.4
CVSADue to improved methodology.Remodelling and change in ownership.0.3
OtherAdditions less than 0.3Moz.0.80.3
 Sub Total50.544.9
Reductions  
TauTonaMine closed.-0.6
OtherReductions less than 0.3Moz.-0.3(1.1
)
Ore Reserve as at 31 December 2017201949.643.8

Copper:
The AngloGold Ashanti Ore Reserve increased from 1.26Mt (2,769Mlbs) in December 2018 to 1.39Mt (3,068Mlbs) in December 2019. This gross annual increase of 0.14Mt includes an increase of 0.07Mt due to methodology and 0.07Mt due to change in ownership from 94.876% to 100% as B2Gold’s shareholding was converted to a share of profits. The Ore Reserve was estimated at a copper price of US$2.65/lb (2018: US$2.65/lb).
ORE RESERVE - COPPERMt
Mlb
Ore Reserve as at 31 December 20181.26
2,769
AdditionsDue To  
QuebradonaRemodelling and change in ownership.0.14
300
Ore Reserve as at 31 December 20191.39
3,068

AngloGold Ashanti strives to actively create value by growing its major asset - the Ore Reserve. This drive is based on a well-defined brownfields and greenfields exploration programme, innovation in both geological modelingmodelling and mine planning and optimization of its asset portfolio.

The Ore Reserve estimates in this document include the Ore Reserve below the current infrastructure of underground mines. These include mines in South Africa, Ghana, Australia, Brazil and Brazil.

Sale of assets

AngloGold Ashanti announced on 19 October 2017 that it was selling various assets in the Vaal River area of its South African region. The sales processes as at 31st December 2017 were still underway and therefore do not affect the stated Ore Reserve for 2017. However, with the conclusion of the sales at the end of February 2018, the following reductions in Ore Reserve will take place:

Kopanang Ore Reserve 0.36Moz
Moab Khotsong Ore Reserve 4.87Moz
Surface Operations Ore Reserve 0.87MozColombia.

By-products

Several by-products arewill be recovered as a result of processing of the exploitation of gold Ore Reserve and copper Ore Reserve. The by-productsThese include 89.16 million pounds0.39Mt of uranium oxide from the South African operations, 0.41 million tons of sulfursulphur from Brazil, and 21.81 million ounces18.76Moz of silver from Argentina.Argentina and 25.95Moz of silver from Colombia.

External reviews of Mineral Resource and Ore Reserve Statement

During the course of 2017,2019, the following operations were subject to an external review in line with the policy that each operation/ project will be reviewed by an independent third party on average once every three years:
Mineral Resource and Ore Reserve at Mponeng
Mineral Resource at Obuasi
Ore Reserve at ObuasiSiguiri
Mineral Resource and Ore Reserve at TropicanaGeita

Mineral Resource and Ore Reserve at GramaloteAGA Mineração Cuiabá and Lamego
Mineral Resource and Ore Reserve at KibaliAGA Mineração Córrego do Sítio

The external reviews were conducted by AMEC, Aranz Geo, Snowden, Optiro, SRKGolder Associates Pty Ltd and Optiro respectively. The company hascertificates of sign-off have been informedreceived to state that the external reviews identified no material shortcomings inMineral Resource and/or Ore Reserve comply with the process of evaluation of the grade models and estimation of the Ore Reserve.SAMREC Code.




Competent Persons

The information in this report relating to theExploration Results, Mineral Resources and Ore ReserveReserves is based on information compiled by or under the supervision of the Competent Persons as defined in the JORC or SAMREC Codes.Code. All Competent Persons are employed by AngloGold Ashanti, unless stated otherwise,except for Kibali and Morila, and have sufficient experience relevant to the style of mineralizationmineralisation and type of deposit under consideration and to the activity which they are undertaking. The Competent Persons consent to the inclusion of Ore Reserve information in this report, in the form and context in which it appears. Details of the Competent Persons per operation are given in the Mineral Resource and Ore Reserve Report 2017, which is available on the corporate website. The legal tenure of each operation and project has been verified to the satisfaction of the accountable Competent Person and all Ore Reserve hasReserves have been confirmed to be covered by the required mining permits or there isexists a high probabilityrealistic expectation that these permits will be issued.

Over more than a decade, the company has developed and implemented a rigorous system of internal and external reviews aimed at providing assurance in respect of Ore Reserve estimates were completed by suitably qualified The Competent Persons from within AngloGold Ashanti. A documented chain of responsibility exists from the Competent Persons at the operationsconsent to the company’sinclusion of Exploration Results, Mineral Resource and Ore Reserve Steering Committee. information in this report, in the form and context in which it appears.

Accordingly, the Chairman of the Mineral Resource and Ore Reserve Steering Committee, VA Chamberlain, MSc (Mining Engineering), BSc (Hons) (Geology), MGSSA, FAusIMM, assumes responsibility for the Mineral Resource and Ore Reserve processes for AngloGold Ashanti and is satisfied that the Competent Persons have fulfilled their responsibilities. VA Chamberlain has 32 years’ experience in exploration and mining and is employed full-time by AngloGold Ashanti and can be contacted at the following address: 76 Rahima Moosa Street, Newtown, 2001, South Africa.

A detailed breakdown of Mineral Resource and Ore Reserve and backup detail iswill be provided on the AngloGold Ashanti website (www.anglogoldashanti.com)(www.anglogoldashanti.com) and www.aga-reports.com.www.aga-reports.com.



Gold
Ore Reserve: ImperialAt 31 December 2017  At 31 December 2019  
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical  Cut-off 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical Cut-off
Tons(5)

 Grade
 
Gold
Content

 
Tons (5)

 Grade
 
Gold
Content

 
Recovery
Factor
  Grade
(10) 

Tons(5)
  Grade  
Gold
Content
  
Tons (5)

 Grade
 
Gold
Content

 
Recovery
Factor
 Grade
(9) 
(million)
 (oz/ton)
 (Moz)
 (million)
 (oz/ton)
 (Moz)
 percent  (oz/ton) (million)  (oz/ton)  (Moz)  (million)
 (oz/ton)
 (Moz)
 percent (oz/ton)
South Africa               
Vaal River (6)
               
Kopanang1.10
 0.158
 0.17
 1.04
 0.156
 0.16
 95.6-95.7
(4 
) 
 0.278 
Moab Khotsong (2)
2.22
 0.278
 0.62
 17.21
 0.247
 4.25
 93.9-97.1
(4 
) 
 0.126-0.181
(4) 

West Wits               
Mponeng (2)
1.66
 0.253
 0.42
 41.01
 0.286
 11.74
 96.5-98.1
(4 
) 
 0.122-0.199
(4) 

TauTona (12)
0.00
 0.00
 0.00
 0.00
 0.000
 0.00
     
Surface               
Surface sources (6) (9)
139.60
 0.006
 0.87
 671.80
 0.008
 5.24
 42.0-88.0
(4 
) 
 0.006-0.013
(4) 

Continental Africa                              
Democratic Republic of the Congo                              
Kibali (45 percent) (3) (11)
9.42
 0.119
 1.12
 23.35
 0.119
 2.79
 84.5-88.9
(4 
) 
 0.045-0.073
(4) 

Kibali (45 percent) (3) (10)
10.25  0.120  1.23  23.72
 0.123
 2.93
 84.5-89.8
(4) 
 0.044-0.070
(4) 
Ghana                              
Iduapriem3.25
 0.023
 0.07
 42.23
 0.042
 1.78
 92.0-95.6
(4 
) 
 0.016-0.026
(4) 

3.74  0.024  0.09  42.86
 0.040
 1.71
 93.0-95.85
(4) 
 0.025-0.028
(4) 
Obuasi (2)

 
 
 22.35
 0.262
 5.86
 87.0  0.120-0.152
(4) 


  
 ��
  26.74
 0.266
 7.12
 87.0  0.120-0.152
(4) 
Guinea                              
Siguiri (85 percent) (3)
26.67
 0.019
 0.51
 69.64
 0.025
 1.74
 88.0-93.0
(4 
) 
 0.016-0.022
(4) 

20.07  0.019  0.37  59.66
 0.023
 1.39
 88.0-93.0
(4) 
 0.015-0.022
(4) 
Mali                              
Morila (40 percent) (3) (11)

 
 
 4.68
 0.016
 0.08
 57.0-91.0
(4 
) 
 0.014 
Morila (40 percent) (3) (10)(11)
    
  
 
 
 
Sadiola (41 percent) (3)
0.11
 0.063
 0.01
 31.23
 0.054
 1.69
 75.0-94.0
(4 
) 
 0.015-0.025
(4) 

    
  27.00
 0.059
 1.58
 75.0-94.0
(4) 
 0.015-0.023
(4) 
Tanzania                              
Geita
 
 
 9.42
 0.133
 1.25
 76.0-92.0
(4 
) 
 0.41-0.088
(4) 

    
  14.81
 0.102
 1.51
 77.8-92.7
(4) 
 0.036-0.115
(4) 
Australasia               
South Africa               
West Wits               
Mponeng (2)
1.14  0.235  0.27  38.75
 0.280
 10.83
 97.1-97.9
(4) 
 0.167-0.239
(4) 
Surface            
Surface Operations (8)
70.51  0.007  0.49
  504.74
 0.008
 3.88
 44.0-90.9
(4) 
 0.006-0.010
(4) 
Australia         ��                    
Sunrise Dam12.00
 0.029
 0.34
 9.08
 0.094
 0.85
 85.0-86.0
(4 
) 
 0.022-0.079
(4) 

Tropicana (70 percent) (3)
13.40
 0.038
 0.50
 37.98
 0.062
 2.35
 90.0  0.020 
Sunrise Dam (2)
12.29  0.040  0.49  7.32
 0.083
 0.61
 84.5-85.0
(4) 
 0.020-0.046
(4) 
Tropicana (70 percent) (2)(3)
18.16  0.030  0.54  25.35
 0.062
 1.58
 89.9-90.0
(4) 
 0.020-0.078
(4) 
Americas                              
Argentina                              
Cerro Vanguardia (92.5 percent) (3) (7)
5.09
 0.049
 0.25
 6.12
 0.108
 0.66
 64.4-95.7
(4 
) 
 0.013-0.146
(4) 

Cerro Vanguardia (92.5 percent)(3)(6)
4.52  0.037  0.17  6.50
 0.081
 0.52
 65.8-95.8
(4) 
 0.010-0.159
(4) 
Brazil                              
AGA Mineraçáo (2) (8)
3.34
 0.132
 0.44
 13.24
 0.131
 1.73
 67.8-93.8
(4 
) 
 0.018-0.106
(4) 

AGA Mineraçáo (2) (7)
2.48  0.123  0.31  10.68
 0.136
 1.46
 53.0-94.3
(4) 
 0.010-0.155
(4) 
Serra Grande (2)
1.86
 0.081
 0.15
 1.95
 0.092
 0.18
 86.5-95.3
(4 
) 
 0.019-0.053
(4) 

1.71  0.083  0.14  2.81
 0.095
 0.27
 92.4-95.7
(4) 
 0.027-0.052
(4) 
Colombia                             
Gramalote (51 percent) (3)

 
 
 70.23
 0.025
 1.76
 83.9-95.0
(4 
) 
 0.005-0.006
(4) 


  
  
  70.23
 0.025
 1.76
 83.9-95.0
(4) 
 0.005-0.006
(4) 
Quebradona (2)(6)

  
  
  122.62
 0.021
 2.53
 60.0   
Total219.72
 0.025
 5.48
 1,072.57
 0.041
 44.11
    144.87  0.028  4.10  983.80
 0.040
 39.68
    


Copper
Ore Reserve: ImperialAt 31 December 2019  
 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical Cut-off
 
Tons(5)
 Grade 
Copper
Content
 
Tons (5)
 Grade 
Copper
Content
 
Recovery
Factor
 Grade
(9) 
 (million) percent (Mlbs) (million) percent (Mlbs) percent  ($/t)
Colombia                
Quebradona (2)(6)

  
  
  122.62 1.25 3,068  95.80 25-45
(12) 
Total
  
  
  122.62 1.25 3,068      

(1) 
Ore Reserve includes marginally economic and diluting materials delivered for treatment and allow for losses that may occur during mining.
(2) 
Proven and/or Probable Ore Reserve includes Ore Reserve below infrastructure. See table that follows.
(3) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(4) 
Recovery factor and cut-off grade vary according to ore type.
(5) 
Tons refers to a short ton, which is equivalent to 2000 pounds avoirdupois.
(6) 
The Vaal Reef Ore Reserve includes 89.16contains 18.76 million poundsounces of Uranium oxide by-products; this cannotsilver for Cerro Vanguardia and 25.95 million ounces for Quebradona to be accounted for by individual minerecovered as Kopanang, Moab Khotsong and Surface sources in Vaal River feed to a combination of plants.by-product.
(7) 
The Ore Reserve contains 21.810.43 million ouncestons of silversulphur to be recovered as a by-product.
(8) 
The Ore Reserve contains 0.41 million tons of sulphur to be recovered as a by-product.
(9)
Includes Mine Waste Solutions (MWS).
(10)(9) 
In-situ cut-off grade.
(11)(10) 
Ore Reserve is estimated by Competent Persons employed by Randgold ResourcesBarrick Gold (Holdings) Limited.
(12) (11) 
No Ore Reserve is declared, for 2017 - TauTonaMorila is reported under Mponeng.only treating tailings and the Ore Reserve has been written off.
(12)
Copper ore cut-off Net Smelter Return (NSR).

Rounding may result in computational differences.


The 20172019 Proven and Probable Ore Reserve includes Ore Reserve below infrastructure in the case of the following underground mines currently in production:

Gold
MineTons (millions)
 Grade (ounces/ton)
 
Gold Content
(million ounces)

Tons (millions) Grade (ounces/ton) 
Gold Content
(million ounces)
Moab Khotsong14.47
 0.24
 3.48
Mponeng31.04
 0.27
 8.50
30.67 0.27 8.17 
Obuasi1.87
 0.60
 1.13
3.08 0.56 1.72 
Sunrise Dam1.11 0.14 0.16 
Tropicana2.09 0.11 0.22 
AGA Mineração3.89
 0.16
 0.62
6.34 0.14 0.92 
Serra Grande1.33
 0.10
 0.14
2.18 0.10 0.22 
Quebradona122.62 0.02 2.53 
Total52.59
 0.26
 13.86
168.10 0.08 13.93 

Copper
MineTons (millions) Grade (%) 
Copper Content
(million pounds)
Quebradona122.62  1.25  3,068 
Total122.62  1.25  3,068 

The Ore Reserve has been determined based on completed economic studies.


Gold
Ore Reserve: ImperialAt 31 December 2016  At 31 December 2018  
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical  Cut-off 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical Cut-off
Tons(5)

 Grade
 
Gold
Content

 
Tons (5)

 Grade
 
Gold
Content

 
Recovery
Factor
  Grade
(10) 

Tons(5)
 Grade 
Gold
Content
 
Tons (5)
 Grade 
Gold
Content
 
Recovery
Factor
 Grade
(9) 
(million)
 (oz/ton)
 (Moz)
 (million)
 (oz/ton)
 (Moz)
 percent  (oz/ton) (million) (oz/ton) (Moz) (million) (oz/ton) (Moz) percent (oz/ton)
South Africa               
Vaal River (6)
               
Kopanang1.79
 0.156
 0.28
 1.10
 0.163
 0.18
 95.6-95.7
(4 
) 
 0.278 
Moab Khotsong (2)
2.93
 0.249
 0.73
 15.50
 0.276
 4.27
 95.6-96.4
(4 
) 
 0.119-0.170
(4) 

West Wits               
Mponeng (2)
1.34
 0.278
 0.37
 41.47
 0.292
 12.11
 97.4-98.0
(4 
) 
 0.122-0.208
(4) 

TauTona0.55
 0.323
 0.18
 2.28
 0.243
 0.55
 96.7-97.0
(4 
) 
 0.219-0.239
(4) 

Surface               
Surface sources (6) (9)
146.21
 0.006
 0.92
 698.63
 0.008
 5.48
 42.0-92.0
(4 
) 
 0.007-0.011
(4) 

Continental Africa                              
Democratic Republic of the Congo                              
Kibali (45 percent) (3) (11)
2.13
 0.055
 0.12
 32.98
 0.122
 4.01
 84.5-88.9
(4 
) 
 0.044-0.070
(4) 

Kibali (45 percent) (3) (10)
10.07 0.121 1.22 21.04 0.120 2.53 84.5-88.9
(4) 
 0.045-0.070
(4) 
Ghana                              
Iduapriem3.21
 0.022
 0.07
 46.69
 0.038
 1.77
 92.0-96.0
(4 
) 
 0.015-0.026
(4) 

3.02 0.026 0.08 40.11 0.039 1.56 93.0-95.9
(4) 
 0.016-0.026
(4) 
Obuasi (2)

 
 
 23.49
 0.234
 5.49
 89.0  0.128-0.152
(4) 


  
  
  22.35 0.262 5.86 87.0  0.120-0.152
(4) 
Guinea                              
Siguiri (85 percent) (3)
28.11
 0.019
 0.53
 76.07
 0.025
 1.92
 88.0-93.0
(4 
) 
 0.015-0.022
(4) 

23.74 0.019 0.46 65.48 0.024 1.60 88.0-93.0
(4) 
 0.016-0.020
(4) 
Mali                              
Morila (40 percent) (3) (11)

 
 
 6.81
 0.016
 0.11
 57.0  0.014 
Morila (40 percent) (3) (10)
2.71 0.018 0.05 0.18 0.038 0.01 57.0-91.0
(4) 
 0.014-0.023
(4) 
Sadiola (41 percent) (3)
0.01
 0.069
 
 34.85
 0.052
 1.80
 75.0-94.0
(4 
) 
 0.013-0.023
(4) 

0.05 0.048 
 28.78 0.057 1.63 75.0-94.0
(4) 
 0.015-0.023
(4) 
Tanzania                              
Geita
 
 
 18.09
 0.109
 1.97
 89.3-92.7
(4 
) 
 0.028-0.131
(4) 


  
  
 10.44 0.128 1.33 77.8-92.7
(4) 
 0.042-0.100
(4) 
Australasia               
South Africa               
Vaal River (11)
               
Kopanang
 
 
 
 
 
    
Moab Khotsong
 
 
 
 
 
    
West Wits               
Mponeng (2)
1.59 0.225 0.36 38.61 0.292 11.29 97.1-97.9
(4) 
 0.171-0.252
(4) 
Surface               
Surface sources (8)
117.10 0.006 0.73 583.12 0.008 4.42 45.0-88.0
(4) 
 0.007-0.008
(4) 
              
Australia                              
Sunrise Dam12.87
 0.029
 0.37
 11.64
 0.083
 0.97
 80.9-85.0
(4 
) 
 0.018-0.036
(4) 

Tropicana (70 percent) (3)
12.10
 0.043
 0.52
 34.27
 0.062
 2.14
 90.0
  0.020 
Sunrise Dam (2)
13.89 0.041 0.57 6.05 0.105 0.64 86.0-87.0
(4) 
 0.020-0.079
(4) 
Tropicana (70 percent) (2)(3)
15.24 0.034 0.51 35.43 0.059 2.11 89.9-90.0
(4) 
 0.020-0.092
(4) 
Americas                              
Argentina                              
Cerro Vanguardia (92.5 percent) (3) (7)
6.58
 0.043
 0.28
 4.70
 0.141
 0.66
 61.8-95.9
(4 
) 
 0.013-0.146
(4) 

Cerro Vanguardia (92.5 percent)(3)(6)
8.51 0.068 0.57 8.98 0.055 0.50 66.3-96.3
(4) 
 0.013-0.161
(4) 
Brazil                              
AGA Mineraçáo (2) (8)
3.88
 0.140
 0.55
 7.68
 0.152
 1.16
 70.0-93.3
(4 
) 
 0.017-0.105
(4) 

AGA Mineraçáo (2) (7)
2.14 0.127 0.27 9.69 0.148 1.43 50.0-94.3
(4) 
 0.018-0.161
(4) 
Serra Grande (2)
2.66
 0.073
 0.19
 3.53
 0.080
 0.28
 88.5-94.7
(4 
) 
 0.071 1.74 0.085 0.15 2.48 0.097 0.24 92.1-98.8
(4) 
 0.018-0.055
(4) 
Colombia              
Gramalote (51 percent) (3)

 
 
 70.23 0.025 1.76 83.9-95.0
(4) 
 0.005-0.006
(4) 
Quebradona (94.876 percent) (2)(3)(6)

 
 
  114.69 0.019 2.22 60.0   
Total224.36

0.023

5.12

1,059.73

0.042

44.87
    199.80 0.025 4.97 1057.65 0.037 39.12    

Copper
Ore Reserve: ImperialAt 31 December 2018  
 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical Cut-off
 
Tons(5)
 Grade 
Copper
Content
 
Tons (5)
 Grade 
Copper
Content
 
Recovery
Factor
 Grade
(9) 
 (million) percent (Mlbs) (million) percent (Mlbs) percent  ($/t)
Colombia                
Quebradona (94.876 percent) (2)(3)(6)

  
  
  114.69 1.21 2,769  95.80 25-45
(12) 
Total
  
  
  114.69 1.21 2,769     

(1) 
Ore Reserve includes marginally economic and diluting materials delivered for treatment and allow for losses that may occur during mining.
(2) 
Proven and/or Probable Ore Reserve includes Ore Reserve below infrastructure. See table that follows.
(3) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(4) 
Recovery factor and cut-off grade vary according to ore type.
(5) 
Tons refers to a short ton, which is equivalent to 2000 pounds avoirdupois.
(6) 
The Vaal Reef Ore Reserve includes 123.48contains 32.68 million poundsounces of Uranium oxide by-products; this cannotsilver for Cerro Vanguardia and 23.58 million ounces for Quebradona to be accounted for by individual minerecovered as Kopanang, Moab Khotsong and Surface sources in Vaal River feed to a combination of plants.by-product.
(7) 
The Ore Reserve contains 18.240.38 million ouncestons of silversulphur to be recovered as a by-product.
(8) 
The Ore Reserve contains 0.46 million tons of sulphur to be recovered as a by-product.
(9)
Includes Mine Waste Solutions (MWS).
(10)(9) 
In-situ cut-off grade.
(11)(10) 
Ore Reserve is estimated by Competent Persons employed by Randgold ResourcesBarrick Gold (Holdings) Limited.

(11)
No Ore Reserve is declared for 2018 - sale of Kopanang and Moab Khotsong.
(12)
Copper ore cut-off Net Smelter Return (NSR).

Rounding may result in computational differences.


The 20162018 Proven and Probable Ore Reserve includes Ore Reserve below infrastructure in the case of the following underground mines currently in production:

Gold
MineTons (millions)
 Grade (ounces/ton)
 
Gold Content
(million ounces)

Tons (millions) Grade (ounces/ton) 
Gold Content
(million ounces)
Moab Khotsong11.89
 0.28
 3.32
Mponeng30.35
 0.28
 8.56
30.27 0.28 8.53 
Obuasi1.92
 0.67
 1.29
1.87 0.60 1.13 
Sunrise Dam1.42 0.11 0.16 
Tropicana2.08 0.11 0.22 
AGA Mineração1.97
 0.18
 0.35
7.42 0.16 1.18 
Serra Grande1.18
 0.09
 0.10
1.75 0.11 0.20 
Quebradona114.69 0.02 2.22 
Total47.31
 0.29
 13.63
159.50 0.09 13.64 

Copper
MineTons (millions) Grade (%) 
Copper Content
(million pounds)
Quebradona114.69  1.21  2,769 
Total114.69  1.21  2,769 

The Ore Reserve has been determined based on completed economic studies.


Gold
Ore Reserve: MetricAt 31 December 2017  At 31 December 2019  
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical  Cut-off 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical Cut-off
Tonnes(5)

 Grade
 
Gold
Content
 
Tonnes (5)
 Grade 
Gold
Content

 
Recovery
Factor
  Grade
(10) 

Tonnes(5)
 Grade 
Gold
Content
 
Tonnes (5)
 Grade 
Gold
Content
 
Recovery
Factor
 Grade
(9) 
(million)
 (g/t)
 (tonnes) (million) (g/t) tonnes
 percent  (g/t) (million) (g/t) (tonnes) (million) (g/t) tonnes percent (g/t)
South Africa         
Vaal River (6)
         
Kopanang1.00
 5.420
 5.40 0.94 5.37 5.04
 95.6-95.7
(4 
) 
 9.52 
Moab Khotsong (2)
2.02
 9.550
 19.26 15.62 8.47 132.31
 93.9-97.1
(4 
) 
 4.31-6.21
(4) 

West Wits         
Mponeng (2)
1.50
 8.670
 13.03 37.21 9.82 365.25
 96.5-98.1
(4 
) 
 4.17-6.82
(4) 

TauTona (12)

 0.00
 0.00 0.00 0.00 0.00
     
Surface               
Surface sources (5) (9)
126.64
 0.21
 27.11 609.45 0.27 162.99
 42.0-88.0
(4 
) 
 0.20-0.43
(4) 

Continental Africa                              
Democratic Republic of the Congo                        
Kibali (45 percent) (3) (11)
8.54
 4.07
 34.78 21.18 4.10 86.76
 84.5-88.9
(4 
) 
 1.53-2.50
(4) 

Kibali (45 percent) (3) (10)
9.29
  4.13
  38.36
  21.52
  4.23
  90.99
  84.5-89.8
(4) 
 1.50-2.40
(4) 
Ghana                              
Iduapriem2.95
 0.77
 2.29 38.31 1.44 55.35
 92.0-95.6
(4 
) 
 0.55-0.90
(4) 

3.40
 0.84
 2.85
 38.88
 1.36
 53.05
 93.0-95.9
(4) 
 0.85-0.95
(4) 
Obuasi (2)

 0.00
 0.00 20.28 9.00 182.40
 87.0  4.10-5.20
(4) 


  
  
  24.26
  9.13
  221.47
  87.0  4.10-5.20
(4) 
Guinea                              
Siguiri (85 percent) (3)
24.19
 0.65
 15.78 63.18 0.85 53.97
 88.0-93.0
(4 
) 
 0.55-0.75
(4) 

18.20
  0.63
  11.55
  54.12
  0.80
  43.27
  88.0-93.0
(4) 
 0.50-0.75
(4) 
Mali                              
Morila (40 percent) (3) (11)

 0.00
 0.00 4.25 0.56 2.38
 57.0-91.0
(4 
) 
 0.49 
Morila (40 percent) (3) (10)(11)

 
 
 
 
 
   
Sadiola (41 percent) (3)
0.10
 2.14
 0.22 28.33 1.86 52.59
 75.0-94.0
(4 
) 
 0.51-0.87
(4) 


  
  
  24.50
  2.01
  49.23
  75.0-94.0
(4) 
 0.51-0.78
(4) 
Tanzania                              
Geita
 0.00
 0.00 8.54 4.55 38.86
 76.0-92.0
(4 
) 
 1.40-3.02
(4) 


  
  
  13.44
  3.50
  47.03
  77.8-92.7
(4) 
 1.25-3.95
(4) 
Australasia               
South Africa               
West Wits               
Mponeng (2)
1.03
 8.05
 8.31
 35.16
 9.59
 337.0
 97.1-97.9
(4) 
 5.72-8.18
(4) 
Surface               
Surface sources (8)63.97
 0.24
 15.18
 457.89
 0.26
 120.83
 44.0-90.9
(4) 
 0.20-0.34
(4) 
Australia                        
Sunrise Dam10.88
 0.98
 10.64 8.24 3.22 26.50
 85.0-86.0
(4 
) 
 0.75-2.71
(4) 

Tropicana (70 percent) (3)
12.16
 1.29
 15.70 34.46 2.12 73.10
 90.0  0.70 
Sunrise Dam (2)
11.15
 1.38
 15.39
 6.64
 2.84
 18.88
 84.5-85.0
(4) 
 0.70-1.56
(4) 
Tropicana (70 percent) (2) (3)
16.48
 1.02
 16.89
 22.99
 2.13
 49.07
 89.9-90.0
(4) 
 0.70-2.69
(4) 
Americas                              
Argentina                        
Cerro Vanguardia (92.5 percent) (3) (7)
4.62
 1.69
 7.81 5.55 3.69 20.50
 64.4-95.7
(4 
) 
 0.45-5.00
(4) 

Cerro Vanguardia (92.5 percent) (3) (6)
4.10
  1.26
  5.17
  5.90
  2.77
  16.33
  65.8-95.8
(4) 
 0.33-5.46
(4) 
Brazil                              
AGA Mineraçáo (2) (8)
3.03
 4.53
 13.73 12.01 4.48 53.76
 67.8-93.8
(4 
) 
 0.61-3.63
(4) 

AGA Mineraçáo (2) (7)
2.25
 4.23
 9.50
 9.69
 4.68
 45.33
 53.0-94.3
(4) 
 0.33-5.31
(4) 
Serra Grande (2)
1.69
 2.77
 4.68 1.77 3.16 5.60
 86.5-95.3
(4 
) 
 0.66-1.80
(4) 

1.55
  2.83
  4.40
  2.55
  3.27
  8.32
  92.4-95.7
(4) 
 0.92-1.77
(4) 
Colombia                             
Gramalote (51 percent) (3)

 0.00
 0.00 63.71 0.86 54.67
 83.9-95.0
(4 
) 
 0.16-0.22
(4) 


 
 
 63.71
 0.86
 54.67
 83.9-95.0
(4) 
 0.16-0.22
(4) 
Quebradona (2) (6)

 
 
 111.24
 0.71
 78.60
 60.0           
Total199.32
 0.86
 170.43 973.02 1.41 1,372.04
    131.42
 0.97
 127.60
 892.49
 1.38
 1,234.08
    


Copper
Ore Reserve: MetricAt 31 December 2019  
 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical Cut-off
 
Tonnes(5)
 Grade 
Copper
Content
 
Tonnes (5)

 Grade
 
Copper
Content
 
Recovery
Factor
 Grade
(9) 
 (million) percent (tonnes million) (million)
 percent
 (tonnes million) percent  ($/t)
Colombia                
Quebradona (2)(6)

  
  
  111.24
 1.25
 1.39  95.80 25-45
(12) 
Total
  
  
  111.24
 1.25
 1.39      

(1) 
Ore Reserve includes marginally economic and diluting materials delivered for treatment and allow for losses that may occur during mining.
(2) 
Proven and/or Probable Ore Reserve includes Ore Reserve below infrastructure. See table that follows.
(3) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(4) 
Recovery factor and cut-off grade vary according to ore type.
(5) 
The Vaal Reef Ore Reserve includes 40.4 thousand tonnes of Uranium oxide by-products; this cannot be accounted for by individual mine as Great Noligwa, Kopanang, Moab Khotsong and Surface sources in Vaal River feed to a combination of plants.
(6)
Tonnes refers to a metric tonne which is equivalent to 1000 kilograms.
(6)
The Ore Reserve contains 583 tonnes of silver for Cerro Vanguardia and 807 tonnes for Quebradona to be recovered as a by-product.
(7) 
The Ore Reserve contains 678.440.39 million tonnes of silversulphur to be recovered as a by-product.
(8) 
The Ore Reserve contains 0.37 million tonnes of sulphur to be recovered as a by-product.
(9)
Includes Mine Waste Solutions (MWS).
(10)(9) 
In-situ cut-off grade.
(11)(10) 
Ore Reserve is estimated by Competent Persons employed by Randgold ResourcesBarrick Gold (Holdings) Limited.
(11)
No Ore Reserve is declared as the Ore Reserve has been written off.
(12)  
No Ore Reserve is declared for 2017 - TauTona is reported under Mponeng.Copper ore cut-off Net Smelter Return (NSR)


Rounding may result in computational differencesdifferences.


The 20172019 Proven and Probable Ore Reserve includes Ore Reserve below infrastructure in the case of the following underground mines currently in production:

Gold
MineTonnes (millions)
 Grade (grams/tonne)
 Gold Content (tonnes)
Tons (millions) Grade (grams/tonne) 
Gold Content
(tonnes)
Moab Khotsong13.12
 8.24
 108.14
Mponeng28.16
 9.38
 264.25
27.83 9.13 254.02 
Obuasi1.70
 20.68
 35.15
2.80 19.14 53.54 
Sunrise Dam1.01 4.92 4.97 
Tropicana1.89 3.60 6.82 
AGA Mineração3.53
 5.44
 19.20
5.75 4.96 28.49 
Serra Grande1.20
 3.52
 4.24
1.98 3.40 6.73 
Quebradona111.24 0.71 78.60 
Total47.71
 9.03
 430.97
152.50 2.84 433.17 


Copper
MineTons (millions) Grade (%)
Copper Content
(million tonnes)
Quebradona111.24   1.25  1.39  
Total111.24   1.25  1.39  

The Ore Reserve has been determined based on completed economic studies.

.
Gold
Ore Reserve: MetricAt 31 December 2016  At 31 December 2018  
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical  Cut-off 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Metallurgical Cut-off
Tonnes(6)

 Grade
 
Gold
Content

 
Tonnes(6)

 Grade
 
Gold
Content

 
Recovery
Factor
  
Grade (10)
 
Tonnes(5)
 Grade 
Gold
Content
 
Tonnes (5)
 Grade 
Gold
Content
 
Recovery
Factor
 Grade
(9) 
(million)
 (g/t)
 (tonnes)
 (million)
 (g/t)
 (tonnes)
 percent  (g/t) (million) (g/t) (tonnes) (million) (g/t) tonnes percent (g/t)
South Africa               
Vaal River (5)
               
Kopanang1.62
 5.360
 8.70
 1.00
 5.570
 5.55
 95.6-95.7
(4) 

 9.520 
Moab Khotsong (2)
2.66
 8.550
 22.73
 14.06
 9.450
 132.81
 95.6-96.4
(4) 

 4.07-5.83
(4) 

West Wits               
Mponeng (2)
1.21
 9.540
 11.57
 37.62
 10.010
 376.64
 97.4-98.0
(4) 

 4.17-7.14
(4) 

TauTona0.50
 11.070
 5.57
 2.06
 8.320
 17.17
 96.7-97.0
(4) 

 7.50-8.18
(4) 

Surface               
Surface sources (5) (9)
132.64
 0.220
 28.58
 633.79
 0.270
 170.42
 42.0-92.0
(4) 

 0.24-0.38
(4) 

Continental Africa                              
Democratic Republic of the Congo                              
Kibali (45 percent) (3) (11)
1.94
 1.900
 3.67
 29.92
 4.170
 124.73
 84.5-88.9
(4) 

 1.52-2.40
(4) 

Kibali (45 percent) (3) (10)
9.14
  4.15
  37.87
  19.08
  4.12
  78.70
  84.5-88.9
(4) 
 1.53-2.41
(4) 
Ghana                              
Iduapriem2.91
 0.760
 2.20
 42.34
 1.300
 55.11
 92.0-96.0
(4) 

 0.50-0.90
(4) 

2.74
 0.88
 2.41
 36.39
 1.33
 48.42
 93.0-95.9
(4) 
 0.55-0.90
(4) 
Obuasi (2)

 
 
 21.31
 8.010
 170.74
 89.0  4.40-5.20
(4) 


  
  
  20.28
  9.00
  182.40
  87.0  4.10-5.20
(4) 
Guinea                              
Siguiri (85 percent) (3)
25.50
 0.640
 16.42
 69.01
 0.860
 59.57
 88.0-93.0
(4) 

 0.53-0.75
(4) 

21.54
  0.67
  14.40
  59.40
  0.84
  49.82
  88.0-93.0
(4) 
 0.55-0.70
(4) 
Mali                              
Morila (40 percent) (3) (11)

 
 
 6.81
 0.550
 3.37
 57.0  0.470 
Morila (40 percent) (3) (10)
2.46
 0.63
 1.54
 0.17
 1.31
 0.22
 57.0-91.0
(4) 
 0.49-0.79
(4) 
Sadiola (41 percent) (3)
0.01
 2.370
 0.02
 31.62
 1.770
 55.90
 75.0-94.0
(4) 

 0.45-0.80
(4) 

0.05
  1.66
  0.08
  26.11
  1.94
  50.64
  75.0-94.0
(4) 
 0.51-0.78
(4) 
Tanzania                              
Geita
 
 
 16.41
 3.730
 61.17
 89.3-92.7
(4) 

 0.95-4.50
(4) 


  
  
  9.47
  4.38
  41.49
  77.8-92.7
(4) 
 1.45-3.43
(4) 
Australasia               
South Africa               
Vaal River (11)
               
Kopanang
 
 
 
 
 
    
Moab Khotsong
 
 
 
 
 
   
West Wits               
Mponeng (2)
1.44
 7.71
 11.13
 35.03
 10.02
 351.12
 97.1-97.9
(4) 
 5.86-8.64
(4) 
Surface               
Surface sources (8)
106.23
  0.21
  22.76
  529.00
  0.26
  137.47
  45.0-88.0
(4) 
 0.23-0.29
(4) 
              
Australia                              
Sunrise Dam11.67
 1.000
 11.65
 10.56
 2.860
 30.15
 80.9-85.0
(4) 

 0.60-1.23
(4) 

Tropicana (70 percent) (3)10.98
 1.480
 16.22
 31.09
 2.140
 66.48
 90.0
  0.700 
Sunrise Dam (2)
12.60
 1.40
 17.59
 5.49
 3.60
 19.76
 86.0-87.0
(4) 
 0.68-2.71
(4) 
Tropicana (70 percent) (2) (3)
13.83
 1.15
 15.91
 32.14
 2.04
 65.50
 89.9-90.0
(4) 
 0.70-3.17
(4) 
Americas                              
Argentina                              
Cerro Vanguardia (92.5 percent) (3) (7)
5.97
 1.470
 8.78
 4.26
 4.850
 20.65
 61.8-95.9
(4) 

 0.46-5.00
(4) 

Cerro Vanguardia (92.5 percent) (3) (6)
7.72
  2.32
  17.88
  8.14
  1.89
  15.41
  66.3-96.3
(4) 
 0.45-5.51
(4) 
Brazil                              
AGA Mineraçáo (2) (8)
3.52
 4.810
 16.96
 6.97
 5.200
 36.21
 70.0-93.3
(4) 

 0.58-3.61
(4) 

AGA Mineraçáo (2) (7)
1.94
 4.35
 8.43
 8.79
 5.06
 44.47
 50.0-94.3
(4) 
 0.61-5.53
(4) 
Serra Grande (2)
2.41
 2.510
 6.05
 3.20
 2.750
 8.81
 88.5-94.7
(4) 

 2.450 1.58
  2.90
  4.59
  2.25
  3.32
  7.48
  92.1-98.8
(4) 
 0.60-1.87
(4) 
Colombia              
Gramalote (51 percent) (3)

 
 
 63.71
 0.86
 54.67
 83.9-95.0
(4) 
 0.16-0.22
(4) 
Quebradona (94.876 percent) (2) (3) (6)

 
 
 104.05
 0.66
 69.12
 60.0   
Total203.54
 0.78
 159.11
 961.37
 1.45
 1,395.49
    181.26
 0.85
 154.60
 959.49
 1.27
 1,216.69
    

Copper
Ore Reserve: MetricAt 31 December 2018  
 
Proven Ore Reserve (1) (2)
 
Probable Ore Reserve (1) (2)
 Cut-off
 
Tonnes(5)
  Grade  
Copper
Content
  
Tonnes (5)
Grade
Copper
Content
Recovery
Factor
  Grade
(9) 
 (million)  percent  (tonnes million)  (million)percent(tonnes million)percent   ($/t)
Colombia             
Quebradona (94.876 percent) (2)(3)(6)
      104.051.211.26  95.80  25-45
(12) 
Total    ��  104.051.21 1.26
     

(1) 
Ore Reserve includes marginally economic and diluting materials delivered for treatment and allow for losses that may occur during mining.
(2) 
Proven and/or Probable Ore Reserve includes Ore Reserve below infrastructure. See table that follows.
(3) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(4) 
Recovery factor and cut-off grade vary according to ore type.
(5) 
The Vaal Reef Ore Reserve includes 56.0 thousand tonnes of Uranium oxide by-products; this cannot be accounted for by individual mine as Great Noligwa, Kopanang, Moab Khotsong and Surface sources in Vaal River feed to a combination of plants.
(6)
Tonnes refers to a metric tonne which is equivalent to 1000 kilograms.
(6)
The Ore Reserve contains 1,016 tonnes of silver for Cerro Vanguardia and 733 tonnes for Quebradona to be recovered as a by-product.
(7) 
The Ore Reserve contains 567.380.37 million tonnes of silversulphur to be recovered as a by-product.
(8) 
The Ore Reserve contains 0.42 million tonnes of sulphur to be recovered as a by-product.
(9)
Includes Mine Waste Solutions (MWS).
(10)(9) 
In-situ cut-off grade.
(11)(10) 
Ore Reserve is estimated by Competent Persons employed by Randgold ResourcesBarrick Gold (Holdings) Limited.
(11)
No Ore Reserve is declared for 2018 - sale of Kopanang and Moab Khotsong.
(12)
Copper ore cut-off Net Smelter Return (NSR).

Rounding may result in computational differences.differences


The 20162018 Proven and Probable Ore Reserve includes Ore Reserve below infrastructure in the case of the following underground mines currently in production:

Gold
MineTonnes (millions)
 Grade (grams/tonne)
 Gold Content (tonnes)
Tons (millions) Grade (grams/tonne) 
Gold Content
(tonnes)
Moab Khotsong10.79
 9.59
 103.41
Mponeng27.53
 9.67
 266.21
27.46 9.66 265.29 
Obuasi1.74
 23.11
 40.26
1.70 20.68 35.15 
Sunrise Dam1.29 3.85 4.95 
Tropicana1.89 3.65 6.89 
AGA Mineração1.79
 6.03
 10.79
6.73 5.45 36.64 
Serra Grande1.07
 3.03
 3.24
1.59 3.94 6.28 
Quebradona104.05 0.66 69.12 
Total42.92
 9.88
 423.90
144.70 2.93 424.32 

Copper
MineTons (millions) Grade (%)
Copper Content
(million tonnes)
Quebradona104.05   1.21  1.26 
Total104.05   1.21  1.26 

The Ore Reserve has been determined based on completed economic studies.










Stockpiles: Imperial
Stockpiles are previously mined ore scheduled for future process plant feed. The Proven and Probable Ore Reserve includes the following stockpile material:
StockpilesAt 31 December 2017At 31 December 2019
Tons (million)
 Grade (ounces/ton)
 
Gold content
(million ounces)

Tons (million) Grade (ounces/ton) 
Gold content
(million ounces)
South Africa     
Surface sources (2)
811.40
 0.008
 6.11
Continental Africa          
Democratic Republic of the Congo     
Kibali (45 percent) (1)
1.09 0.050 0.05
 
Ghana          
Iduapriem12.88
 0.021
 0.27
16.41 0.021 0.35
 
Guinea          
Siguiri (85 percent) (1) (3)
61.89
 0.017
 1.06
55.29 0.017 0.93
 
Mali          
Morila (40 percent) (1)
4.55
 0.016
 0.07
Sadiola (41 percent) (1)
5.14
 0.037
 0.19
1.46 0.068 0.10
 
Tanzania          
Geita2.79
 0.041
 0.12
4.50 0.046 0.20
 
Australasia     
South Africa     
Surface sources (2)
575.26 0.008 4.37
 
Australia          
Sunrise Dam12.00
 0.029
 0.34
9.40 0.028 0.26
 
Tropicana (70 percent) (1)
8.19
 0.027
 0.22
16.97 0.028 0.47
 
Americas          
Argentina          
Cerro Vanguardia (92.5 percent) (1)
7.05
 0.019
 0.13
6.58 0.013 0.08
 
Brazil          
Serra Grande0.03
 0.050
 0.00
0.01 0.058 0.00
 

(1) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(2) 
Centralised operations treating material on surface that was previously generated by several underground operations, includes tailings material.
(3) 
Spent heap included in Ore Reserve.

Rounding may result in computational differences.

Stockpiles: Imperial
Stockpiles are previously mined ore scheduled for future process plant feed. The Proven and Probable Ore Reserve includes the following stockpile material:
StockpilesAt 31 December 2016At 31 December 2018
Tons (million)
 Grade (ounces/ton)
 
Gold content
(million ounces)

Tons (million) Grade (ounces/ ton) 
Gold content
(million ounces)
South Africa     
Surface sources (2)
844.84
 0.008
 6.40
Continental Africa          
Ghana          
Iduapriem12.83
 0.021
 0.27
16.42 0.021 0.35 
Guinea          
Siguiri (85 percent) (1) (3)
63.33
 0.017
 1.08
57.67 0.017 0.97 
Mali          
Morila (40 percent) (1)
6.81
 0.016
 0.11
2.71 0.018 0.05 
Sadiola (41 percent) (1)
5.80
 0.033
 0.19
3.29 0.045 0.15 
Tanzania          
Geita4.35
 0.039
 0.17
3.00 0.038 0.11 
Australasia     
South Africa     
Surface sources (2)
700.22 0.007 5.15 
     
Australia          
Sunrise Dam12.87
 0.029
 0.37
10.66 0.028 0.30 
Tropicana (70 percent) (1)
7.09
 0.027
 0.19
11.98 0.029 0.35 
Americas          
Argentina          
Cerro Vanguardia (92.5 percent) (1)
7.24
 0.019
 0.14
10.91 0.014 0.15 
Brazil     
Serra Grande0.07
 0.058
 0.00

(1) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(2) 
Centralised operations treating material on surface that was previously generated by several underground operations, includes tailings material.
(3) 
Spent heap included in Ore Reserve.

Rounding may result in computational differences.


Stockpiles: Metric
Stockpiles are previously mined ore scheduled for future process plant feed. The Proven and Probable Ore Reserve includes the following stockpile material:
StockpilesAt 31 December 2017
 Tonnes (million)
 Grade (grams/tonne)
 
Gold content
(tonnes)

South Africa     
Surface sources (2)
736.09
 0.26
 190.10
Continental Africa     
Ghana     
Iduapriem11.68
 0.72
 8.46
Guinea     
Siguiri (85 percent) (1) (3)
56.15
 0.59
 33.07
Mali     
Morila (40 percent) (1)
4.13
 0.54
 2.22
Sadiola (41 percent) (1)
4.66
 1.27
 5.93
Tanzania     
Geita2.53
 1.42
 3.59
Australasia     
Australia     
Sunrise Dam10.88
 0.98
 10.64
Tropicana (70 percent) (1)
7.43
 0.94
 6.97
Americas     
Argentina     
Cerro Vanguardia (92.5 percent) (1)
6.40
 0.64
 4.09
Brazil     
Serra Grande0.02
 1.70
 0.04
StockpilesAt 31 December 2019
 Tonnes (million) Grade (grams/ tonne) 
Gold content
(tonnes)
Continental Africa     
Democratic Republic of the Congo     
Kibali (45 percent) (1)
0.99  1.72
  1.70 
Ghana     
Iduapriem14.89  0.73
  10.90 
Guinea     
Siguiri (85 percent) (1) (3)
50.16  0.58
  28.84 
Mali     
Sadiola (41 percent) (1)
1.32  2.31
  3.07 
Tanzania     
Geita4.08  1.56
  6.37 
South Africa     
Surface sources (2)
521.86  0.26
  136.01 
Australia     
Sunrise Dam8.53  0.94
  8.05 
Tropicana (70 percent) (1)
15.40  0.94
  14.52 
Americas     
Argentina     
Cerro Vanguardia (92.5 percent) (1)
5.97  0.44
  2.64 
Brazil     
Serra Grande0.01  2.00
  0.02 

(1) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(2) 
Centralised operations treating material on surface that was previously generated by several underground operations, includes tailings material.
(3) 
Spent heap included in Ore Reserve.

Rounding may result in computational differences.



Stockpiles: Metric
Stockpiles are previously mined ore scheduled for future process plant feed. The Proven and Probable Ore Reserve includes the following stockpile material:
StockpilesAt 31 December 2016
 Tonnes (million)
 Grade (grams/tonne)
 
Gold content
(tonnes)

South Africa     
Surface sources (2)
766.42
 0.26
 199.00
Continental Africa     
Ghana     
Iduapriem11.64
 0.72
 8.37
Guinea     
Siguiri (85 percent) (1) (3)
57.45
 0.59
 33.71
Mali     
Morila (40 percent) (1)
6.18
 0.55
 3.37
Sadiola (41 percent) (1)
5.26
 1.13
 5.94
Tanzania     
Geita3.95
 1.35
 5.33
Australasia     
Australia     
Sunrise Dam11.67
 1.00
 11.65
Tropicana (70 percent) (1)
6.43
 0.92
 5.95
Americas     
Argentina     
Cerro Vanguardia (92.5 percent) (1)
6.57
 0.65
 4.26
Brazil     
Serra Grande0.06
 2.00
 0.12
StockpilesAt 31 December 2018
 Tonnes (million) Grade (grams /tonne) 
Gold content
(tonnes)
Continental Africa     
Ghana     
Iduapriem14.89  0.73  10.91 
Guinea     
Siguiri (85 percent) (1) (3)
52.31  0.58  30.18 
Mali     
Morila (40 percent) (1)
2.46  0.63  1.54 
Sadiola (41 percent) (1)
2.98  1.53  4.56 
Tanzania     
Geita2.72  1.29  3.51 
South Africa     
Surface sources (2)
635.23  0.25  160.23 
      
Australia     
Sunrise Dam9.67  0.97  9.35 
Tropicana (70 percent) (1)
10.87  1.01  10.95 
Americas     
Argentina     
Cerro Vanguardia (92.5 percent) (1)
9.89  0.47  4.68 

(1) 
Ore Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(2) 
Centralised operations treating material on surface that was previously generated by several underground operations, includes tailings material.
(3) 
Spent heap included in Ore Reserve.
Reserve.

Rounding may result in computational differences.


Drill hole spacing: Imperial
In determining the Proven and Probable Ore Reserve, AngloGold Ashanti applied the following drill hole spacing:
 Drill Hole Spacing
 Proven Ore ReserveProbable Ore Reserve
Continental Africa
Democratic Republic of the Congo
Kibali16 x 33 feet, 33 x 82 feet98 x 131 feet, 131 x 131 feet
Ghana
Iduapriem66 x 49 feet164 x 246 feet
Obuasi66 x 66 feet197 x 197 feet
Guinea
Siguiri33 x 16 feet
66 x 131 feet, 82 x 82 feet,
164 x 82 feet
Mali
Sadiola21 x 41 feet, 82 x 82 feet82 x 82 feet, 164 x 82 feet
Tanzania
GeitaNone
33 x 33 feet, 66 x 66 feet, 82 x 49 feet,
82 x 82 feet, 131 x 66 feet, 131 x 131 feet
South Africa  
Underground sourcesOre body opened up, developed and sampled on a 7 to 10 foot spacing on raise lines and on a 16 x 16 foot grid thereafter
From a 131328 x 131328 foot spacing up to
3281 x 3281 foot spacing
Surface sources164 x 164 feet to 1050 x 820 feet auger drilling, variable sampling strategies: belt samplers, cross stream residue samplers and bulk sampling campaigns328 x 328 feet to 984 x 1230 feet auger drilling, variable sampling strategies: belt samplers, cross stream residue samplers
Continental Africa
Democratic Republic of the Congo
Kibali16 x 33 feet, 49 x 66 feet131 x 131 feet
Ghana
Iduapriem66 x 49 feet164 x 164 feet, 164 x 246 feet, 164 x 328 feet,
Obuasi66 x 66 feet197 x 197 feet
Guinea
Siguiri16 x 33 feet, 16 x 39 feet, 33 x 33 feet66 x 131 feet, 82 x 82 feet, 164 x 82 feet
Mali
Morila33 x 33 feet33 x 16 feet, 164 x 328 feet
Sadiola21 x 41 feet82 x 82 feet, 164 x 82 feet
Tanzania
Geita16 x 33 feet, 82 x 49 feet
33 x 33 feet, 66 x 66 feet, 82 x 49 feet,
82 x 82 feet, 131 x 66 feet, 131 x 131 feet
Australasia
Australia  
Sunrise Dam3033 x 33 feet, 82 x 82 feet131 x 66 feet, 131 x 131 feet
Tropicana39 x 39 feet, 82 x 82 feet164 x 82 feet, 164 x 164 feet
Americas  
Argentina  
Cerro Vanguardia3920 x 1666 feet, 39 x 3316 feet131 x 131 feet
Brazil  
AGA Mineraçáão
33 x 66 feet, 66 x 33 feet,
66 x 98 feet,
82 x 82 feet,
98 x 98 feet
66 x 131 feet, 82 x 131 feet, 98 x 82 feet,
131 x 197 feet, 164 x 98 feet,
164 x 164 feet,
197 x 131 feet, 197 x 197 feet
Serra Grande33 x 33 feet, 33 x 66 feet
82 x 82 feet, 131 x 66 feet,
131 x 131 feet,
164 x 66 feet
Colombia  
GramaloteNone164 x 164 feet
Quebradona98 x 98 feet197 x 197 feet

Drill hole spacing: Metric
In determining the Proven and Probable Ore Reserve, AngloGold Ashanti applied the following table of drill hole spacing:
 Drill Hole Spacing
 Proven Ore ReserveProbable Ore Reserve
Continental Africa
Democratic Republic of the Congo
Kibali5 x 10 metre, 10 x 25 metre30 x 40 metre, 40 x 40 metre
Ghana
Iduapriem20 x 15 metre50 x 75 metre
Obuasi20 x 20 metre60 x 60 metre
Guinea
Siguiri5 x 10 metre
20 x 40 metre, 25 x 25 metre,
50 x 25 metre
Mali
Sadiola6.25 x 12.5 metre, 25 x 25 metre25 x 25 metre, 50 x 25 metre
Tanzania
GeitaNone
10 x 10 metre, 20 x 20 metre,
25 x 15 metre, 25 x 25 metre,
40 x 20 metre, 40 x 40 metre
South Africa  
Underground sourcesOre body opened up, developed and sampled on a 2 to 3 metre spacing on raise lines and on a 5 x 5 metre grid thereafter
From a 40100 x 40100 metre spacing up to
1000 x 1000 metre spacing
Surface sources50 x 50 metre to 320 x 250 metre auger drilling, variable sampling strategies: belt samplers, cross stream residue samplers and bulk sampling campaigns100 x 100 metre to 300 x 375 metre auger drilling, variable sampling strategies: belt samplers, cross stream residue samplers
Continental Africa
Democratic Republic of the Congo
Kibali5 x 10 metre, 15 x 20 metre40 x 40 metre
Ghana
Iduapriem20 x 15 metre50 x 50 metre, 50 x 75 metre, 50 x 100 metre,
Obuasi20 x 20 metre60 x 60 metre
Guinea
Siguiri
5 x 10 metre, 5 x 12 metre,
10 x 10 metre
20 x 40 metre, 25 x 25 metre, 50 x 25 metre
Mali
Morila10 x 10 metre10 x 5 metre, 50 x 100 metre
Sadiola6.25 x 12.5 metre25 x 25 metre, 50 x 25 metre
Tanzania
Geita5 x 10 metre, 25 x 15 metre
10 x 10 metre, 20 x 20 metre, 25 x 15 metre,
25 x 25 metre, 40 x 20 metre, 40 x 40 metre
Australasia
Australia  
Sunrise Dam910 x 10 metre, 25 x 25 metre40 x 20 metre, 40 x 40 metre
Tropicana12 x 12 metre, 25 x 25 metre50 x 25 metre, 50 x 50 metre
Americas  
Argentina  
Cerro Vanguardia126 x 520 metre, 12 x 105 metre40 x 40 metre
Brazil  
AGA Mineraçáão
10 x 20 metre, 20 x 10 metre,
25 x 25 metre, 20 x 30 metre,
30 x 30 metre
20 x 40 metre, 25 x 40 metre,
30 x 25 metre,
40 x 60 metre,
50 x 30 metre, 50 x 50 metre,
60 x 40 metre, 60 x 60 metre
Serra Grande10 x 10 metre, 10 x 20 metre
25 x 25 metre, 40 x 20 metre,
40 x 40 metre, 50 x 20 metre
Colombia  
GramaloteNone50 x 50 metre
Quebradona30 x 30 metre60 x 60 metre



ITEM 4A:UNRESOLVED STAFF COMMENTS
Not applicable.

ITEM 5: OPERATING AND FINANCIAL REVIEW AND PROSPECTS


The following discussion provides information that management believes is relevant to an assessment and understanding of the consolidated financial condition and results of operations of AngloGold Ashanti Limited under IFRS for the three years ended and as at 31 December 2017, 20162019, 2018 and 2015.2017.

The company announced the sale of its remaining South African producing assets and related liabilities (SA disposal group) on 12 February 2020. As a result of the contemplated sale of the SA disposal group, the SA disposal group was classified as an asset held for sale and recognised as a discontinued operation in the company’s consolidated financial statements for the year ended and as at 31 December 2019. See “Item 18: Financial Statements-Note 9-Discontinued operations and assets and liabilities held for sale” for further details. The company’s operating and financial results and the related comparative statements have been restated in accordance with IFRS 5 Non-current Assets Held for Sale and Discontinued Operations to recognise the SA disposal group as a discontinued operation for the years ended 31 December 2018 and 2017. The discussion of operating and financial results in this “Item 5: Operating and Financial Review and Prospects” relates to the company's continuing operations (unless the context indicates otherwise).

This item should be read in conjunction with the company’s consolidated financial statements and the notes thereto which are included under Item 18 of this annual report.

Overview

AngloGold Ashanti is a global gold mining company headquartered in Johannesburg, South Africa. AngloGold Ashanti’s main product is gold. As part of extracting gold the company also produces silver uranium oxide and sulphuric acid as by-products. Revenue fromThe company no longer produces uranium oxide as a by-product following the sale of by-products is recognised as a reduction of cost of sales in the consolidated statement of income.its Vaal River operations, effective 28 February 2018. By-product revenue from continuing operations amounted to $154$86 million in 2017 (2016: $1382019 (2018: $133 million; 2015: $1272017: $139 million) out of total revenue from product sales from continuing operations of $4,543$3,525 million in 2017 (2016: $4,2542019 (2018: $3,336 million; 2015: $4,1742017: $3,394 million). See “Note 3 - Revenue” to the consolidated financial statements“Item 18: Financial Statements-Note 3-Revenue from product sales” for additional information. The company sells its products on world markets.

AngloGold Ashanti conducts gold-mining operations in the following regions, which represent its business segments:

South Africa (comprising the Vaal River, West Wits and Surface Operations)
Continental Africa (comprising Ghana, Guinea, Mali, the DRC and Tanzania);
Australasia (comprising Australia)South Africa (recorded as a discontinued operation);
Australia; and
Americas (comprising Argentina, Brazil and United States of America (sold August 2015))projects in Colombia).

In particular, AngloGold Ashanti has 15 mines and two surface12 continuing mining operations in Continental Africa, Australia and the four regionsAmericas comprising open-pit and underground mines, and surface metallurgical plants, which are supported by extensive, yet focused exploration activities. For more information on the company’s business and operations, see “Item 4B: Business Overview”.

As at 31 December 20172019, the company reported, on an attributable basis,basis. Proven and Probable Ore Reserve for gold of approximately 42.120.8 million ounces in subsidiaries, and 7.5 million ounces in equity accounted joint ventures.ventures and 15.5 million ounces from discontinued operations. For the year ended 31 December 2017,2019, AngloGold Ashanti reported an attributable gold production of approximately 3.42.5 million ounces from subsidiaries, and 0.4 million ounces from equity accounted joint ventures.ventures and 0.4 million ounces from discontinued operations. As at 31 December 2019, the company reported an attributable Proven and Probable Ore Reserve for copper of 3,068Mlbs.

AngloGold Ashanti’s costs and expenses consist primarily of total cash costs, amortisation, corporate administration, and other expenses, and exploration and evaluation costs. Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, timber, reagents, fuel, power, water and contractors’ costs), royalties and other consumables (which include explosives, timber and reagents amongst others), fuel, power and water, contractors’ costs and royalties.cash costs. The company’s mining operations consist of deep-level underground mines as well as open-pit operations, both of which are labour intensive, therefore salaries and wages are a significant component of total cash costs.

Outlook

Gold production (including our attributable share of joint ventures) for 2018 is forecast to be between 3.325 million and 3.450 million ounces (includes three months of production from the Moab Khotsong and Kopanang mines at approximately 30,000 ounces per month). Capital expenditure (including our attributable share of joint ventures) is expected to be approximately between $800 million and $920 million in 2018, on the following assumptions: R12.79/$, $/A$0.78, BRL3.20/$ and ARS19.61/$; Brent crude at $62 per barrel.

AngloGold Ashanti’s results of operations, financial condition and prospects, as well as the company's ability to meet its targets, may be adversely affected by a number of factors, risks and uncertainties, some of which are beyond the company's control, including gold prices, exchange rate fluctuations, inflation, as well as political, mining and other risks. In particular, our production outlook is subject to, among other things, labour disruptions, unplanned stoppages and safety-related interventions, the stability and availability of power as well as other operational risks. Certain of these risks, uncertainties and other factors are described in “Item 3D: Risk factors”. See also “Note regarding forward-looking statements”. Furthermore, the forecast assumes no changes to the asset portfolio/operating mines.

5A:OPERATING RESULTS

INTRODUCTIONIntroduction

Global stock markets ended 2017 on record highs,2019 was marked by low interest rates, the ongoing US-China trade conflict and global manufacturing growth slowdown, all of which led to recession fears. Central banks also played their part with the MSCI all-country world index gaining 22 percent or US$9 trillion on the year, reaching an all-time high, all due to a strong global economy. Additionally, the US Tax Cuts and Jobs Act and the US Federal Reserve’s gradual approach to easing financial support also contributed to the rising stock market.

Even the rival attractions of Bitcoin (up nearly 14 times over the year), concerns about a US lead nuclear war with North Korea, political upheaval in Europe following the Catalan separatist movement in Spain and an inconclusive German election in September 2017 failed to dampen sentiment. Surprisingly the global volatility index is trading at historically low levels.

Given the strength of the global stock markets in 2017, it is surprising that the US dollar price of gold was up 13 percent for the year, its biggest annual gain since 2010, outperforming all major asset classes other than stocks. Supporting the price of gold were, a weakening US dollar and elevated price/earnings ratios and valuations. In light of these circumstances, gold was likely seen as a means of managing these market risks. The geopolitical instability further heightened investor uncertainty and fuelled flows into gold.

International Monetary policy tightening was implemented across the globe pushing up global short-term bond yields while long-term yields remained relatively flat. The US Federal Reserve increased interestcutting rates three times during the year, pumping more than $400 billion worth of liquidity into the US Repo market. In the absence of inflation coupled with low yielding assets, gold gained favour from investors as both a store of value and a safe haven asset class. The price of gold soared by 25 basis points each, whileten percent year on year. US Treasury bonds also benefitted from the Bankflight to safety and consequently yields came tumbling down across the curve.

As is often the case during periods of England lifted its benchmark rate during November forhigh and rising gold prices, retail and professional investment behaviour diverge. Bar and coin investors are more inclined to capitalise on a price rise by selling existing holdings. In contrast, tactical positioning in long (purchases) by professional investors on the first timeComex reached all-time highs equivalent to 1,134 tonnes in September 2019. This bullish sentiment among professional investors contributed to the price rise, which in turn attracted further momentum-driven investment inflows, notably into Exchange Traded Funds (ETFs). Physically-backed ETFs and similar products closed 2019 at 2,885.5 tonnes with annual inflows of 401.1 tonnes, up 426 percent year on year. Total investment growth netted out at nine percent year on year as retail investors selling off-set professional investors purchases.

In the fourth quarter of 2019, central banks added a decadenet 109.6 tonnes to global official gold reserves bringing full-year net purchases to 650.3 tonnes, just one percent short of the 2018 total of 656.2 tonnes. This marks ten consecutive years of net purchases, with global official reserves now 5,000 tonnes higher than at the end of 2009 at circa 34,700 tonnes and highlights the importance central banks place on having an allocation of gold in their reserve portfolio.

In 2019, global gold jewellery demand volumes fell six percent to 2,107 tonnes. Purely a second half of the year phenomenon, the weakness was primarily due to the big jump in the third quarter in the price of gold (in local currency terms), which impacted affordability. The price was well supported at elevated levels throughout the closing months of 2019, leading to a halften percent year on year drop in the fourth quarter demand to 584.5 tonnes. In US dollar terms, gold jewellery demand grew by three percent to a five-year high of $94.3 billion. Much of this came from a nine percent year on year increase in the fourth quarter percent prior. The European Central Bank (ECB) claimed victory over deflation in March 2017 and signalled that its monetary policy would become gradually less expansionary.demand, which reached $27.8 billion, a seven-year high.

Central Banks were also very active in the gold market with Russia increasing its holdings in the final two months of the year. Net Central Bank purchases recorded a gain of 36 percent in aggregate during quarter four of 2017 adding 132 tonnes. For 2017, the official sector remained an important source ofTechnology demand for gold and net purchases were up 123 tonnes (48 percent)weakened contributing to 381 tonnes compared to 2016 (258 tonnes).a two percent fall in demand for gold in the sector.

Jewellery consumption for 2017Total supply was slightly higher in 2019, up two percent year on year from 4,673.0 tonnes in 2018 to 4,776.1 tonnes in 2019. This growth was attributable to the price performance of gold over the year, primarily through its impact on recycling, but also on net hedging to a certain extent. While mine production fell by 13one percent comparedyear on year, a sharp increase in gold recycling to its highest level since 2012 (up 11 percent year on year) helped boost higher total supply. Modest net producer hedging, the first year of net hedging since 2016, withalso contributed to overall supply.

The market spot gold price closed the major regions (including India and China) recording year-on-year gains. India’s jewellery consumption increased by eight percentfourth quarter of 2019 at $1,517 per ounce which was also the highest price in the final quarter, helped by a surge in sales during Dhanteras (1st day of Diwali) and lower prices toward year end. Jewellery fabrication also increased by five and a half percent in 2017 from 2016. Chinese demand slipped by two percent year-on-year, with ongoing lossesfourth quarter. The lowest market spot gold price recorded in the pure gold segment as consumer preferences continued to shift towards more fashionable, but lower gold content pieces. After posting double-digit percentage declines on average since its 2013 peak, China’s jewellery offtake appears to have stabilised in 2017. On an annual basis, physical demandfourth quarter was up 11 percent from 3,556 tonnes in 2016 to 3,932 tonnes in 2017.

Supply was down four percent for 2017 compared to 2016. Although mine production increased slightly year-on-year, this was offset by recycling and hedging activity.

Investors continued to add gold to their portfolios, with inflows into global gold-backed exchange-traded funds totalling US$8 billion or 7 million ounces. Speculators increased their gold net long position by 7 million ounces year-on-year on the Commodity Exchange (Comex) underpinning the positive sentiment in the gold market in 2017.

December was the most volatile month where the price fell to as low as US$1,243 per ounce but also reached the high of the year of US$1,307$1,454 per ounce. The average market spot gold price was recorded at $1,483 per ounce for the fourth quarter. The average market spot gold price was recorded at $1,394 per ounce for the full year end2019. The highest market spot gold price recorded in 2019 was US$1,302$1,552 per ounce and the lowest market spot gold price for the same period was $1,270 per ounce. TheManagement uses the spot price to monitor the performance of the gold price received averaged US$1,258 per ounce in 2017, US$9 higher than in 2016 (supporting AGA’s strategy to link revenue directly toand its effect on the company’s results. It gives an investor insight into the performance of the gold price of gold).and its impact on company results.

Assets held for sale
Restatement as a result of discontinued operations

On 19 October 2017, AngloGold Ashanti12 February 2020, the company announced the sale of the Kopanang Minean agreement to sell its remaining South African producing assets and related infrastructure to Heaven-Sent SA Sunshine Investment Company Limited (Heaven-Sent). Under the sale agreement, one of the conditions precedent was for the new owners to conclude an agreement with AngloGold Ashanti and the employees’ organised labour representatives to determine the number of existing employees who would continue to work at the operations after the change in ownership becomes effective. This agreement was concluded on 16 November 2017. Of the total workforce of 3,638 employees, 3,054 employees transferred to the new owner Heaven-Sent. AngloGold Ashanti is honoring its undertaking to pay accrued severance packages to all affected employees at Kopanang immediately following the conclusion of the sale transaction. The Kopanang sale transaction became unconditional on 28 February 2018.

Additionally, on 19 October 2017 the conclusion of the sale agreement for theliabilities (SA disposal of the Moab Khotsong and Great Noligwa mines and related infrastructuregroup) to Harmony Gold Mining Company Limited (Harmony), was announced. ThisLimited. Consideration for the transaction was alsois in cash and deferred payments with expected proceeds of around $300 million, subject to conditions precedent, allsubsequent performance, and with additional proceeds if the West Wits assets are developed below current infrastructure. The consideration is comprised of $200 million in cash payable at the closing of the transaction and two components of deferred consideration, payable as follows:

1.$260 per ounce payable on all underground production sourced within the West Wits mineral rights (comprising the Mponeng, Savuka and Tau Tona mines) in excess of 250,000 ounces per annum for 6 years commencing 1 January 2021; and
2.$20 per ounce payable on underground production sourced within the West Wits mineral rights (comprising the Mponeng, Savuka and Tau Tona mines) below the datum of current infrastructure.

The transaction principally comprises the following assets and liabilities:

The Mponeng mine and its associated assets and liabilities;
The Tau Tona and Savuka mines and associated rock-dump and tailings storage facility reclamation sites, mine rehabilitation and closure activities located in the West Wits region and their associated assets and liabilities;
First Uranium (Pty) Limited, which including Section 11owns Mine Waste Solutions (Pty) Limited and 102 approvals, Competition Commission and Tribunal approval, Harmony shareholder approval,Chemwes (Pty) Limited, as well as the release ofassociated tailings assets and liabilities;
Covalent Water Company (Pty) Limited, AngloGold Ashanti from the managementSecurity Services (Pty) Limited and Masakhisane Investments (Pty) Limited; and
Certain rock-dump reclamation, mine rehabilitation liabilities of underground water in the KOSH basin, were achieved. Consequently, the Moab Khotsong and Great Noligwa sale transaction closed on 28 February 2018.

Following the completion of the above asset sale transactions, AngloGold Ashanti will have no underground mining operationsclosure activities located in the Vaal River region inand their associated assets and liabilities.

Pursuant to the agreement, the silicosis obligation of $65 million and the post-retirement medical obligation of $93 million relating to South Africa. AngloGold AshantiAfrican employees will retain the long-life Mine Waste Solutions tailings retreatment operation, as well as the surface rock-dump reclamation operations that will continue to be treated through the Kopanang gold plant, which will also be retained by AngloGold Ashanti. These two operationsthe group.

The agreement provides for terms customary in agreements of this nature and is subject to customary conditions precedent, including the obtaining of all necessary consents from the South African DMRE (including section 11 and section 102 approvals under the MPRDA) for the transfer of the mining rights related to the sale of the mining assets and securing the approval of the South African Competition Authorities in terms of the South African Competition Act, No. 89 of 1998. The company and Harmony Gold Mining Company Limited have committed to engage with the relevant authorities and other stakeholders in order to ensure the conditions precedent are fulfilled as soon as possible with the earliest closing anticipated on or about 30 June 2020.

As a result of the contemplated sale of the SA disposal group, the SA disposal group was classified as an asset held for sale and recognised as a discontinued operation in the Vaal River region, together withcompany’s consolidated financial statements for the long-life Mponeng mine in the West Wits region, will form AngloGold Ashanti’s operating base in South Africayear ended and contribute 13 percent of the group’s production on a proforma basis.

as at 31 December 2019. See “Note 23 - Non-current“Item 18: Financial Statements-Note 9-Discontinued operations and assets and liabilities held for sale” to the consolidated financial statements for additional information.

Disposed assets

In August 2015, AngloGold Ashanti completed its disposal of Cripple Creek & Victor (CC&V), its sole operation in North America, to Newmont Mining Corporation for proceeds of $819.4 million. See “Item 18: Group Income Statement” for the operating results of the CC&V discontinued operation up to the date of disposal.further details.

The company’s operating and financial results of CC&Vand the related comparative statements have been presentedrestated in accordance with IFRS 5 Non-current Assets Held for Sale and Discontinued Operations to recognise the SA disposal group as a discontinued operation for the years ended 31 December 2018 and 2017. The discussion of operating and financial results in this “Item 5: Operating and Financial Review and Prospects” relates to the company's continuing operations (unless the context indicates otherwise).

Change in presentation of “Special items” disclosure

Effective 1 January 2019, the group changed the disclosure of “Special items” in the consolidated financial statementsincome statement. In prior periods, the group disclosed items that, due to their size and/or nature, required separate disclosure on the face of the income statement as “Special items”. In addition, a disclosure category “Other operating expenses” was reported to disclose expenses which were not included in gross profit. Going forward these two categories of expenses and income will be disclosed as “Impairment, derecognition of assets and profit (loss) on disposal” and “Other expenses (income)” depending on materiality. This new presentation provides more useful information by reporting material items separately. The change in presentation has no impact on the comparative statements of operations andreported totals, or on amounts presented in the statement of cash flows have been presented as if CC&V had been discontinued from the start of the comparative periods. The discussion of financial results of AngloGold Ashanti in this Operating andposition. For further details, refer to “Item 18: Financial review and Prospects relates to continuing operations only unless the context indicates otherwise.

The proceeds from the sale of CC&V were primarily used to execute a partial tender offer for the company’s long-term debt under its 8.50 percent bonds due in 2020. See “Item 5B: Liquidity and Capital Resources”Statements-Note 1-Accounting Policies”.

Key factors affecting results

Gold prices

AngloGold Ashanti’s operating results are directly related to the market spot gold price, of gold, which can fluctuate widely and is affected by numerous factors beyond its control, including investment, jewellery and industrial demand (particularly in China and India), expectations with respect to the rate of inflation, the strength of the US dollar (the currency in which the price of gold is generally quoted) and of other currencies, interest rates, actual or expected gold sales and purchases by central banks and the International Monetary Fund (IMF), global or regional political or economic events or conditions, the impact of pandemics such as COVID-19, and production and cost levels in major gold-producing regions.

The current demand for and supply of gold may affect gold prices, but not necessarily in the same manner as current supply and demand affects the prices of other commodities. The supply of gold consists of a combination of new production and fabricated gold held by governments, public and private financial institutions, industrial organisations and private individuals. As the global gold production in any single year constitutes a small portion of the total potential supply of gold, short termshort-term variations in current production do not necessarily have a significant impact on the supply of gold or on its price.

The market for gold bullion bar, the company’s primary product, is generally limited to the bullion banks. The number of these banks has declined over the last few years. Additionally, due to the diversity and depth of the total gold market, the bullion banks do not possess significant pricing power.


The price of gold is often subject to sharp, short-term changes. The shift in gold demand from physical demand to investment and speculative demand may exacerbate the volatility of gold prices.

Yearly average gold prices received per ounce have changed during the three years under review as follows:

20152017 - $1,159$1,251 per ounce
20162018 - $1,249$1,261 per ounce
20172019 - $1,258$1,387 per ounce

The average of the market spot gold price from 1 January 20182020 to 19 March 20182020 was $1,329$1,580.88 per ounce. On 19 March 2018,2020, the afternoon price for gold on the London Bullion Market was $1,317$1,474.25 per ounce. After an initial increase in the beginning of the year, the market spot gold price decreased from a high of $1,687.00 per ounce on 6 March 2020 to a low of $1,469.80 per ounce on 19 March 2020 in the midst of a wider market dislocation related to the COVID-19 pandemic and despite the alleged investor perception of gold as a relatively safe haven in periods of market volatility.

If income from gold sales falls for an extended period below the company’s total cash costs at its operations, AngloGold Ashanti could determine that it is not economically feasible to continue production at some or all of its operations. Declining gold prices may also force a reassessment of the feasibility of a particular exploration or development project or projects, and could lead to the curtailment or suspension of such projects. A sustained decrease in gold prices may force the company to change its dividend payment policies, reduce expenditures and undertake measures to address its cost base. In addition, the use of lower gold prices in Ore Reserve estimates and life-of-mine plans could result in material write-downs of the company’s investment in mining properties and increase amortisation, rehabilitation and closure charges.

On 22 and 28 January 2020, the company entered into Asian style zero-cost collars in respect of its Argentinean operations (CVSA) for a total of 130,900 ounces (70 percent of CVSA’s annual gold production) for the period February 2020 to December 2020. The strike prices are as follows: $1,500 per ounce on the floor and an average price of $1,701.34 per ounce on the cap.

Production levels

In addition to gold prices, AngloGold Ashanti’s gold income in any year is also influenced by its level of gold production. Production levels are in turn influenced by grades, tonnages mined and processed through the plant, and metallurgical recoveries. Attributable gold production (including joint ventures) increasedremained fairly consistent between 2017 - 2019 from 3.632.85 million ounces in 2016 to 3.762017, 2.91 million ounces in 2017. The increase2018 to 2.86 million ounces in production levels is due to a variety of factors, as follows:2019. For more information on the company’s business and operations, see “Item 4B: Business Overview”.

South Africa: 64,000 ounces or seven percent decline in production in 2017 primarily dueOperational impacts resulting from the COVID-19 pandemic

In addition to the closureimpact of TauTona, lower volumesthe COVID-19 pandemic on the gold price discussed under the caption “-Gold Prices”, the COVID-19 pandemic has the potential to have a significant impact on our operations by causing supply chain delays and grades mined.
Continental Africa: 132,000 ouncesdisruptions, import restrictions or 10 percent increase in production primarily due to higher grades mined,shipping disruptions, as well as higher underground volumes.
Australasia: 39,000 ouncesoperational shutdowns (including as part of government-mandated containment measures or eight percent increaseadditional safety measures that the company may also consider). The company operates mines in production primarily duecountries that have confirmed cases of COVID-19 and resulting death. A full or partial shutdown of the company’s mines in the affected areas and, as a result, a halt in related mining operations could occur if COVID-19 spread among our workforce, in case requested or mandated by governmental authorities or if otherwise elected by the company as a preventive measure to increased grades, improved metallurgical recoveriescontain the spread of the virus. Governments of the countries in which we operate may impose significant restrictions on the movement of goods, services and improved mill throughput.
Americas: 20,000 ounces or two percent increasepersons, including by ordering nationwide lockdowns of businesses and their citizens, as was recently done in production primarily dueArgentina, which imposed a nationwide lockdown (quarantine), including travel restrictions, border closings and the shutdown of most industries, as a result of which Cerro Vanguardia S.A. (CVSA) was required to higher tonnages mined, coupled with improved plant performance at AGA Mineraçãotemporarily suspend mining activities. Similarly, the South African and State of Goiás governments imposed similar restrictions resulting in Brazil.the temporary suspension of mining activities of the company’s South African operations and Serra Grande operations in Brazil, respectively.

Foreign exchange fluctuations

Total cash costs in all business segments are for local procurement largely incurred in local currency where the relevant operation is located. US dollar denominated total cash costs and net income tend to be adversely impacted by local currency strength and favourably impacted by local currency weakness, assuming there are no other offsetting factors. AngloGold Ashanti’s financial results can be influenced significantly by the fluctuations in the South African Rand, Brazilian Real,real, Australian Dollar,dollar, and, to a lesser extent, the Argentinian Peso, Ghanaian Cedipeso and other local currencies. As set out below, during the year ended 31 December 2017,2019, the Argentinean Peso weakenedArgentinian peso, Brazilian real and the South African Rand, Australian dollar and Brazilian Real strengthened,weakened, which collectively had a favourable impact on AngloGold Ashanti’s US dollar denominated total cash costs.


Average annual exchange rates to the US dollar2017
 2016
 2015
South African Rand13.30
 14.68
 12.77
Brazilian Real3.19
 3.48
 3.33
Australian Dollar1.30
 1.35
 1.33
Argentinian Peso16.57
 14.78
 9.26
Average annual exchange rates to the US dollar2019
 2018
 2017
Brazilian real3.94
 3.66
 3.19
Australian dollar1.44
 1.34
 1.30
Argentinian peso48.29
 28.14
 16.57

In 2017,2019, the company derived 6755 percent (61(47 percent including joint ventures) of its revenues from South Africa,continuing operations from Brazil, Australia and Argentina, and incurred 7154 percent (64(47 percent including joint ventures) of its total cash costs from continuing operations in South Africa, Brazil, Australia and Argentina. A one percent strengthening of these local currencies against the US dollar will result in an increase in total cash costs incurred of about $21$13 million or $6$5 per ounce.

Certain exchange controls were in force in emerging markets in which the company operates during the period under review, including, for example South Africa and Argentina. In the case of South Africa,Argentina, although the exchange rate of the randArgentinian peso is primarily market determined, its value at any time may not be considered a true reflection of the underlying value while exchange controls exist. The government has indicated its intention to relax exchange controls over time. As exchange controls are relaxed, rand exchange rates will be more closely tied to market forces. It is not possible to predict whether or when this will occur or the future value of the rand. For a detailed discussion of these exchange controls, see “Item 10D: Exchange controls”.Argentinian peso.

Total cash costs and effects of inflation

Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, timber, reagents, fuel, power, water and contractors’ costs), royalties and other consumables (which include explosives, timber and reagents among others), fuel, power and water, contractors’ costs and royalties.cash costs. The mining industry continues to experience price inflation for costs of inputs used in the production of gold, which leads to higher total cash costs reported by many gold producers.

AngloGold Ashanti is unable to control the prices at which it sells its gold. Accordingly, in the event of significant inflation in South Africa or, to a lesser extent, Brazil, Argentina or Australia, without a concurrent devaluation of the local currency or an increase in the price of gold, there could be a material adverse effect upon the company’s results and financial condition.

AngloGold Ashanti employs over 51,00026,000 people (34,000 people including the SA disposal group) globally, most of whom are members of trade unions, particularly in South Africa, Continental Africa and the Americas. Salaries and wages account for a significant component of local total cash costs and are impacted by annual wage increases.

Energy costs, comprising power, fuel and lubricants, are another material component of total cash costs. Due to the remote location of some of its mines in Continental Africa, AngloGold Ashanti uses fuel to generate power and uses fuel and lubricants at its mines to run its fleet and processing plants. The price of Brent crude oil has fluctuated betweenincreased from $54 andper barrel in 2017, $71 per barrel in 2018 to $65 per barrel of Brent crude in 2017.2019, a 20 percent increase over the three-year period. AngloGold Ashanti estimates that for each $1 per barrel rise in the oil price, other factors remaining equal, the average total cash costs of all its operations increases by about $3 million or $0.8$0.9 per ounce, with the total cash costs of certain of the

company’s mines, particularly Siguiri (Guinea), Geita Siguiri,(Tanzania), Kibali (DRC), Morila and Sadiola and Kibali,(Mali), which are more dependent on fuel, being more sensitive to changes in the price of oil.

On 10 February 2020, the company entered into Asian style zero-cost collars for a total of approximately 342,000 barrels of Brent crude oil for the period February 2020 to December 2020. The average strike prices are $45 per barrel on the floor and an average price of $65 per barrel on the cap. On 26 February 2020, the company entered into an additional set of Asian style zero-cost collars for a total of approximately 622,000 barrels of Brent crude oil for the period March 2020 to December 2020. The average strike prices are $44.50 per barrel on the floor and an average price of $65 per barrel on the cap.

Energy costs, even in business segments which are supported by grid power like South Africa, have increased considerably over the three year period, with price increases from Eskom (South Africa’s power utility) that exceeded average inflation.three-year period. These increases have adversely impacted total cash costs.

AngloGold Ashanti has no influence over the cost of most consumables, many of which are linked to some degree to the price of oil and steel and in a number of cases have exceeded inflation. Furthermore, there has also been volatility recently in the price of steel, used in the manufacture of most forms of fixed and mobile mining equipment, which is a relatively large contributor to the operating costs and capital expenditure of a mine. Fluctuations in oil and steel prices have a significant impact on operating costs and capital expenditure.

Royalties (excluding joint ventures), which are generally calculated as a percentage of revenue, varied over the past three years from $100$111 million incurred in 20152017 to $105$133 million incurred in 20162018 and $116$137 million in 2017,2019, a 23 percent increase over the three-year period, primarily due to the variations in the gold prices received, production and royalty rate increases. At Geita in Tanzania, despite the dispute over the legal basis for the increased royalty rate, from four percent to six percent, and the imposition of one percent clearing fee for the export of gold. Our subsidiaries in Tanzania are paying the new levies under protest. As a result, the additional royalty of $11 million paid has been expensed and accounted for as a special item.

Royalties are likely to continue to vary in the coming years as in a number of jurisdictions host governments increasingly seek to obtain a higher share of revenue by increasing the royalty rates for gold mines.

Rehabilitation costs

Total provisions for decommissioning and for restoration (excluding joint ventures)ventures and excluding liabilities related to assets held for sale) totalled $705$637 million in 20162018 and $695$634 million in 2017.2019, (including liabilities related to assets held for sale: $637 million in 2018 and $730 million in 2019). During 2019 $96 million was transferred to liabilities related to assets held for sale which

amount was partially offset by a change in estimate. The change in estimates is attributable to changes in discount rates due to changes in global economic assumptions, and changes in mine plans resulting in a change in cash flows and changes in design of tailings storage facilities and in methodology, following requests from the environmental regulatory authoritiesauthorities. See also “Item 4B: Business Overview-Regulatory Environment Enabling AngloGold Ashanti to Mine”, “Item 4B: Business Overview-Mine Site Rehabilitation and royalty rate increases. During 2017 $23 million for restorationClosure” and decommissioning was transferred to assets held for sale.“Item 4B: Business Overview-Environmental, Health and Safety Matters”.

Amortisation of tangible assets

Amortisation of tangible assets increaseddecreased during the 20152017 - 20172019 period, from $737$685 million to $817$538 million, largely due to increasedopen pit ore being depleted at Geita and lower production at Geita, SiguiriCerro Vanguardia and Cerro Vanguardia. The increase in amortisation was partly offset by the impairment of assets at Kopanang and Tau Tona and the reclassification of the assets and liabilities of Moab Khotsong and Kopanang, to non-current assets and liabilities held for sale during October 2017, at which stage, amortisation of these assets ceased.Siguiri.

Exploration and evaluation costs

The company has expensed exploration expenditure during the years ended 31 December 2015, 20162017, 2018 and 20172019 in order to replenish depleting Ore Reserve and bring new ore bodies into pre-feasibility or feasibility. The expensed exploration costs incurred over the last three fiscal years amounted to $132$105 million in 2015, $1332017, $98 million in 20162018 and $114$112 million in 2017.2019. Exploration expenditure reducedincreased during 2017, with a reduction2019 mainly due to an increase in greenfieldsBrownfields exploration as well as lower spend on prefeasibility studies.and global specialist and management cost.

Corporate administration, marketing and other expenses

The corporate administration, marketing and other expenses incurred amounted to $78 million in 2015, $61 million in 2016 and $64 million in 2017.2017, $76 million in 2018 and $82 million in 2019. The costs were higher in 2017increase is mainly due to the stronger rand.higher labour costs (cash shares costs and equity share costs), higher technical security costs and consultancy costs.

Special itemsImpairment, derecognition of assets and profit (loss) on disposal

AngloGold Ashanti reviews and tests the carrying value of its assets when events or changes in circumstances suggest that the carrying amount may not be recoverable. AngloGold Ashanti values individual mining assets at the lowest level for which cash flows are identifiable as independent of cash flows of other mining assets and liabilities.

If there are indications that impairment may have occurred, AngloGold Ashanti prepares estimates of expected future cash flows for each group of assets. Expected future cash flows are inherently uncertain, and could materially change over time. They are significantly affected by Ore Reserve and production estimates, together with economic factors, such as market spot and forward gold prices, discount rates, currency exchange rates, estimates of costs to produce Ore ReservesReserve and future capital expenditures. Alternatively, should any of these factors reverse, then AngloGold Ashanti may have to reverse previously recognised impairments.

When reviewing goodwill and other tangible assets for impairment, AngloGold Ashanti's assumption on gold price represents its best estimate of the future price of gold. In arriving at the estimated long-term real gold price, AngloGold Ashanti considers all available market information including current prices, historical averages, and forward pricing information and data. The longlong- term real gold price of $1,240$1,300 per ounce in 20172019 and $1,212$1,239 per ounce in 2016,2018, were based on a range of economic and market conditions, which were, at that time, expected to exist over the remaining useful life of the assets.

AngloGold Ashanti considers the long-term fundamentals that provide support to the gold price assumption. These include, amongst other things, gold as a long-term store of value, hedge against inflation, safe haven status, strong physical demand from emerging markets, central bank purchases, quantitative easing and devaluation of paper currency, falling global mine production and rising costs of producing gold, all of which represent significant and enduring trends supportive of AngloGold Ashanti's gold price assumption.

The actual market spot gold price averaged $1,257$1,394 per ounce in 20172019 and $1,248$1,268 per ounce in 2016.2018. The market spot gold price in 20182020 has been subject to volatile short termshort-term swings andThe market spot gold price has averaged $1,329$1,580.88 per ounce from 1 January 20182020 to 19 March 20182020 and closed at $1,317$1,474.25 per ounce on 19 March 2018.2020.

AngloGold Ashanti will continue to monitor the underlying long-term factors driving the gold price and will review its gold price assumption, should it consider it appropriate to do so.Other expenses

Furthermore, shouldOther expenses decreased during the gold price fall and remain at such lower levels, management will consider,2017 - 2019 period, from $150 million to $83 million, largely due to a decrease in addition to other mitigating factors, reviewing and amendinglegal settlement fees. In 2017, an initial provision for the lifesettlement of mine plans to reduce expenditures, optimise costs and increase cash flowsthe silicosis class action of $63 million was made with a subsequent adjustment of $2 million in respect of its mining assets.2019.

Taxation

Taxation decreasedincreased over the period 20152017 - 20172019 from an expense of $211$163 million in 20152017 to an expense of $108$250 million in 2017. Reduction2019. Increase in taxation over the period 20152017 - 20172019 is largely due to a lower deferred taxation ratehigher earnings in South Africa in carry forward lossesAustralia, Tanzania, Brazil and in Brazil due to the effect of exchange rate movements as well as lower current and withholding taxes related to Tanzanian operations.Ghana.


Taxation is likely to continue to be volatile in the coming years, as host governments in a number of jurisdictions increasingly seek to obtain a higher share of revenue by increasing rates of existing taxes and introducing new taxes on gold mines.

Production in 20172019

For the year ended 31 December 2017,2019, AngloGold Ashanti’s total attributable gold production of 3.762.86 million ounces was 130,00050,000 ounces, or fourtwo percent, higherlower than the 20162018 production of 3.632.91 million ounces.

In South Africa, gold production decreasedProduction increased by seventwo percent, or 64,00026,000 ounces, in 20172019 as compared to 2016.2018, in the Continental Africa region. The decreaseincrease was mainly due to the downscaling oftransition to predominantly underground operations which resulted in higher grade material and increased tonnes treated at Geita and improved production activities asat Iduapriem due to the Operational Excellence programme which focused on improved grade control practices. The increase in production was partially offset by a resultdecrease at Siguiri due to the integration of the orderly closureCarbon-in-Leach (CIL) combination plant that was completed during the year with a slower ramp-up than anticipated and lower production from both Sadiola and Morila as these two operations near the end of TauTona. Lower production at Mponeng wastheir mining activities.

Production decreased by two percent, or 11,000 ounces, in 2019 as compared to 2018, in the Australia region. The decrease resulted from lower mill feed grades due to lower grades as a result ofunderground mined volume combined with lower reef values and the planned move from highermined grade areas. Lower production at Vaal River Surface Operations was due to low mill availability at the Kopanang Gold Plant and the suspension of the processing of Kopanang marginal ore dumps.Sunrise Dam. The decrease in production was partially offset by an increase at Tropicana as a result of higher mill throughput and tonnes mined.

In the Americas region, production decreased by eight percent, or 66,000 ounces, in 2019 as compared to 2018. The decrease was mainly at Moab KhotsongCerro Vanguardia due to improvedlower production efficienciesand the mining of lower grades. Production was also lower at Serra Grande due to lower feed grade, lower drilling productivity and fewer safety stoppages. Higher productiontrucks available. Production was also recordedlower at Mine Waste SolutionsAGA Mineração due to poor ground conditions at the increase in feed gradesCuiabá complex and at Córrego do Sítio due to higher grades from the Sulphur paygeological model changes, open pit license delays at Rosalino orebody, geotechnical issues and the East tailing storage facilities, coupled with improvements in recoveries.excessive rainfall.

Production in 2018

For the year ended 31 December 2018, AngloGold Ashanti’s total attributable gold production of 2.91 million ounces was 60,000 ounces, or two percent, higher than the 2017 production of 2.85 million ounces.

Production increased by 10four percent, or 132,00059,000 ounces, in 2017,2018 as compared to 2016,2017, in the Continental Africa. region. The increase was mainly due to higher recovered grades and increased tonnage treated due to improved plant performance at Kibali, higher tonnage treated due to improved plant efficiency and higher recovered grade, resulting from mining deeper, higher-grade areas in the Teberebie pit at Iduapriem, higher recovered grades mineddue to a range of operational improvements which assisted in accessing higher grade ore particularly in the fourth quarter of 2018 at Geita. The increase in production was partially offset by a decrease at Siguiri which included miningdue to a decrease in recovered grade from treating lower grade oxide material and a decrease in tonnes due to delays in the new Seguelen pit andcommissioning of the higher recovered grades at Geita due to the planned mining of higher grade areas as Geita continues mining in Nyankanga Cut 7 and 8.CIL combination plant.

Production increased by eight12 percent, or 39,00066,000 ounces, in 2017,2018 as compared to 2016,2017, in the Australia. region. Gold production increased at Sunrise Dam due to increasedhigher mill feed grades increasedin the first and the last quarters of 2018. Improved mill throughputfeed grades and improved metallurgical recoveries. Improved mill throughput resulted in higher production at Tropicana.

In the Americas region, production increased by two percent, or 20,000 ounces in 2017 as compared to 2016. The increase was mainly due to higher production from CDS Operation with higher tonnes from the Sulphide mine and grade from both the Oxide and Sulphide mines at AGA Mineração in Brazil.

Production in 2016

For the year ended 31 December 2016, AngloGold Ashanti’s total attributable gold production of 3.63 million ounces was 320,000 ounces, or eight percent, lower than the 2015 production of 3.95 million ounces which included discontinued operations.

In South Africa, gold production decreased by four percent, or 37,000 ounces, in 2016 as compared to 2015. The lower production was due to safety stoppages and lower grades at TauTona and Kopanang. The decrease in production was partially offset by higher production at Moab Khotsong and Mponeng due to less safety stoppages in 2016 and higher grades at Moab Khotsong and higher volumes treated at Mponeng.


Production decreased by eight percent, or 114,00064,000 ounces, in 2016,2018 as compared to 2015, in Continental Africa.2017. The decrease was in Brazil mainly at AGA Mineração due to development and infrastructure constraints at the cessation of tailings treatmentCuiabá complex and at Obuasi, lower grades mined at Geita and Kibali, and Morila transitioning to end-of-life treating marginal and tailings grade. The decrease was partially offset by higher production at Iduapriem due to higher grades and an improvement in tonnage throughput in the plant.

Production decreased by seven percent, or 40,000 ounces, in 2016, as compared to 2015, in Australia mainly due to lower planned grades mined at Tropicana. The decrease was partially offset by higher production at Sunrise Dam due to higher tonnes treated.

In the Americas region, production decreased by one percent, or 11,000 ounces (excluding discontinued operations) in 2016 as compared to 2015. The decrease was mainlyCórrego do Sítio due to lower grades as a result of operationalin the sulphide operation, excessive rainfall and geotechnical issues in Brazilopen-pit licensing delays. Production was also impacted by lower tonnes placed on the heap leach, model changes, and production stoppages due to strikes. Production was also lower at AGA Mineração. The decrease was partially offset by a slight increase in production at Cerro Vanguardia as a result of higher tonnes treatedSerra Grande due to less ore mined following geological model changes and excessive rainfall.


Comparison of financial performance in 2017, 20162019, 2018 and 20152017
Financial performance of AngloGold AshantiYear ended 31 December
(in millions)2017
 2016
 2015
Gold income4,356
 4,085
 4,015
Cost of sales(3,582) (3,263) (3,294)
Other expenses(859) (564) (552)
Share of associates and joint ventures’ profit22
 11
 88
Taxation expense(108) (189) (211)
Net profit attributable to non-controlling interests20
 17
 15
Net (loss) profit attributable to equity shareholders – Continuing operations(191) 63
 31
Net (loss) profit attributable to equity shareholders – Discontinued operations
 
 (116)
Financial performance of AngloGold AshantiYear ended 31 December
(in $ millions)2019
 2018
 2017
Continuing operations     
Revenue from product sales3,525
 3,336
 3,394
Cost of sales(2,626) (2,584) (2,607)
Total of all other (expenses) income(448) (429) (481)
Share of associates and joint ventures’ profit (loss)168
 122
 22
Taxation(250) (212) (163)
Discontinued operations     
Profit (loss) from discontinued operations(376) (83) (336)
      
Net profit (loss) attributable to equity shareholders     
 - Continuing operations364
 216
 145
 - Discontinued operations(376) (83) (336)
Net profit (loss) attributable to non-controlling interests     
 - Continuing operations

5
 17
 20

Comparison of total cost of sales in 2017, 20162019, 2018 and 20152017

The following table presents cost of sales from continuing operations for the AngloGold Ashanti group for the three-year period ended 31 December 2017:2019:
Cost of sales for AngloGold AshantiYear ended December 31
 2017
 2016
 
2015(1)

Total cost of sales3,582
 3,263
 3,294
Inventory change(15) 38
 (23)
Amortisation of tangible assets(817) (789) (737)
Amortisation of intangible assets(6) (20) (40)
Retrenchment costs(6) (14) (11)
Rehabilitation and other non-cash costs(29) (43) 10
Total cash costs2,709
 2,435
 2,493
Royalties(116) (105) (100)
Other cash costs(19) (24) (27)
 2,574
 2,306
 2,366
By-products revenue154
 138
 127
Cash operating costs2,728
 2,444
 2,493
(1) Excluding discontinued operations in 2015.
Cost of sales for AngloGold AshantiYear ended 31 December
(in $ millions)2019
 2018
 2017
Total cost of sales2,626
 2,584
 2,607
Inventory change(5) (9) (14)
Amortisation of tangible assets(538) (553) (685)
Amortisation of intangible assets(3) (5) (5)
Amortisation of right of use assets(42) 
 
Retrenchment costs(4) (4) (6)
Rehabilitation and other non-cash costs(53) (17) (16)
Total cash costs1,981
 1,996
 1,881

Comparison of financial performance in 20172019 with 20162018

Our gold income is materially impacted by price and volume variances. All of our costs are impacted by the consequences of average exchange rate movements.

Exchange fluctuations in and the average exchange rates for the South African Rand,rand, Brazilian Real,real, Australian Dollardollar and the Argentinean PesoArgentinian peso have effects on the various components that make up our costs based on the level of local procurement of each of these costs. For a discussion of the effect of foreign exchange fluctuations on our financial results, see “Item 5A-Foreign5A: Operating Results-Key factors affecting results-Foreign exchange fluctuations”.

Gold incomeRevenue from product sales

Revenue from product sales increased by $189 million, or six percent, from $3,336 million in 2018 to $3,525 million in 2019, mainly as a result of the increase in the gold price received of $128 per ounce. Gold income increased by $271$236 million, or seven percent, from $4,085$3,203 million in 20162018 to $4,356$3,439 million in 2017,2019, due to the increase in the gold price received partially offset by the decrease in gold sold. Gold sold decreased by 50,000 ounces, or two percent, from 2.46 million ounces in 2018 to 2.41 million ounces in 2019. The gold price received increased by $128 per ounce, or ten percent, from $1,266 per ounce during 2018 to $1,394 per ounce in 2019, which resulted in an increase in gold income of $316 million. By-product revenue decreased by $47 million, or 35 percent, to $86 million from $133 million in 2018, mainly due to a decrease in revenue from silver.

Revenue from product sales from the Continental Africa operations increased by $185 million, or 13 percent, to $1,590 million in 2019 from $1,405 million in 2018, mainly as a result of the increase in gold sold of 179,000 ounces,price received, which resulted in an increase of gold

income of $241$140 million. The increase in gold price received increased by $9 per ounce, or one percent, from $1,249 per ounce during 2016 to $1,258 per ounce in 2017 whichounces sold resulted in a furtheran increase in gold income of $30$47 million. The increase was mainly due to the transition to predominantly underground operations which resulted in higher grade material and increased tonnes treated at Geita and improved production at Iduapriem due to the Operational Excellence programme which focused on improved grade control practices. The increase in production was partially offset by a decrease at Siguiri due to the integration of the CIL combination plant that was completed during the year and a slower ramp-up than anticipated.

Gold incomeRevenue from the South African operations in 2017 decreasedproduct sales from Australia increased by $72 million, or sixnine percent, to $1,101 million from $1,173$782 million in 2016.2018 to $854 million in 2019. The decrease was mainlyincrease in the gold price received resulted in an increase in gold income of $78 million. Gold production decreased as a result of thelower mill feed grades due to lower underground mined volume combined with lower mined grade at Sunrise Dam. The decrease in gold sold of 61,000 ounces, primarilyproduction was partially offset by an increase at Tropicana as a result of the orderly closure of Tau Tona, which accounted for a $80 millionhigher mill throughput and tonnes mined. The decrease in gold income.ounces sold resulted in a decrease in gold income of $8 million.

Revenue from product sales from the Americas operations decreased by $68 million, or six percent, from $1,149 million in 2018 to $1,081 million in 2019. Gold income decreased by $21 million, or two percent, from $1,021 million in 2018 to $1,000 million in 2019.The decrease was due to a decrease of 78,000 ounces in gold sold in 2019, which resulted in a decrease in gold income of $113 million. Gold production primarily decreased at Cerro Vanguardia mainly due to development and infrastructure constraints, coupled with lower grades. The decrease was partially offset by thean increase in the gold price received which resulted in an increase in gold income of $8$92 million. By-product revenue decreased by $47 million, or 37 percent, to $81 million from $128 million in 2018, mainly due to a decrease in revenue from silver.

Gold incomeCost of sales

Cost of sales increased from $2,584 million in 2018 to $2,626 million in 2019, which represents a $42 million, or two percent, increase. The increase was primarily due to a $36 million increase in rehabilitation and other non-cash costs from $17 million in 2018 to $53 million in 2019. The increase arose from the changes to cash flows, inflation rates and discount rates compared to 2018.

In Continental Africa, cost of sales increased from $1,127 million in 2018 to $1,173 million in 2019, which represents a $46 million, or four percent, increase. The increase was mainly due to an increase in royalties, rehabilitation and other non-cash costs, amortisation and inventory change.

In Australia, cost of sales increased from $622 million in 2018 to $632 million in 2019, which represents a $10 million, or two percent, increase. The increase was mainly due to an increase in amortisation and inventory change. The increase was partially offset by a decrease in service-related costs and the weakening of the Australian dollar against the US dollar.

In the Americas, cost of sales decreased from $838 million in 2018 to $822 million in 2019, which represents a $16 million, or two percent, decrease. The decrease was mainly due to the weakening of the local currencies, the Argentinian peso by 72 percent and the Brazilian real by eight percent, against the US dollar.

Total cash costs

Total cash costs decreased from $1,996 million in 2018 to $1,981 million in 2019, which represents a $15 million, or one percent, decrease. The decrease was primarily due to the weakening of local currencies against the US dollar. The decrease was partially offset by an increase in royalties. Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, timber, reagents, fuel, power, water and contractors’ costs), royalties and other cash costs.

Cash operating costs decreased from $1,850 million in 2018 to $1,831 million in 2019, which represents a $19 million, or one percent, decrease, primarily due to the weakening of local currencies against the US dollar. Cash operating costs includes salaries and wages, stores, explosives, timber, reagents, fuel, power, water and contractors’ costs.

Royalties, which are generally calculated as a percentage of revenue, increased from $133 million in 2018 to $137 million in 2019, which represents a $4 million, or three percent, increase, primarily due to an increase in the spot gold prices and an increase in production at Geita and Iduapriem partially offset by a decrease in production in Argentina.

Retrenchment costs

Retrenchment costs included in cost of sales remained unchanged in 2019 at $4 million as in 2018.

Rehabilitation and other non-cash costs

Rehabilitation and other non-cash costs increased from $17 million in 2018 to $53 million in 2019, which represents a $36 million increase. This increase was primarily due to a change in discount rates due to changes in global economic assumptions and changes in mine plans resulting in a change in cash flows and changes in design facilities and methodology following requests from environmental regulatory authorities compared to 2018.


Amortisation of tangible, intangible and right of use assets

Amortisation of tangible, intangible and right of use assets expense increased from $558 million in 2018 to $583 million in 2019, which represents a $25 million, or four percent, increase. Amortisation of tangible assets decreased by $15 million, or three percent, from $553 million in 2018 to $538 million in 2019, largely due to lower production at Cerro Vanguardia, lower depreciation on the waste stripping asset as the open pit ore is being depleted, lower depreciation on the mining fleet due to a change in fleet management strategy at Geita and lower production at Serra Grande. The decrease was partially offset by an increase in amortisation at Iduapriem due to completion of the stripping activities in the 2019.

Amortisation relating to right of use assets as recognised in accordance with IFRS 16 Leases (effective from 1 January 2019) was $42 million in 2019. Amortisation relating to right of use assets was $18 million at Geita, $16 million at the Australian operations and $6 million at Córrego do Sítio.

Inventory change

Inventory decreased from $9 million in 2018 to $5 million in 2019, which represents a $4 million, or 44 percent decrease.

Other expenses

Other expenses increased from $79 million in 2018 to $83 million in 2019, which represents a $4 million, or five percent, increase. The increase was largely due to an increase in government fiscal claims, cost of tailing operations and other expenses, care and maintenance costs and the public infrastructure contribution in Guinea. The increase was partially offset by a decrease in corporate retrenchments and power grid refunds in Brazil.

Finance costs and unwinding of obligations

Finance costs increased by $3 million, or two percent, to $143 million in 2019, compared to $140 million in 2018 mainly due to the effect of IFRS 16 Leases (effective from1 January 2019) on finance costs partially offset by lower finance costs from borrowings. Unwinding of obligations of $29 million was recorded in 2019 compared with $28 million in 2018.

Share of associates and joint ventures' profit

Share of associates and joint ventures' profit increased by $46 million, or 38 percent, to a profit of $168 million in 2019, compared to a profit of $122 million in 2018, mainly as a result of an increase in equity earnings of $39 million at Kibali.

Taxation

A taxation expense of $250 million was recorded in 2019, compared to an expense of $212 million in 2018, which represents a $38 million, or 1718 percent, increase. Charges for current tax in 2019 amounted to $1,442$298 million, compared to $242 million in 2018, which represents a $56 million, or 23 percent, increase. The increase in current tax is mainly due to higher earnings in Australia, Tanzania and Ghana. Charges for deferred tax in 2019 amounted to a net deferred tax benefit of $48 million, compared to a net deferred tax benefit of $30 million in 2018, which represents a $18 million, or 60 percent, increase. The increase in the deferred taxation benefit mainly relates to higher capital expenditure in Tanzania and higher estimated deferred tax resets in Guinea (related to a tax holiday agreement from 2020).

Discontinued operations

A loss from discontinued operations of $376 million was recorded in 2019, compared to a loss of $83 million in 2018, which represents a $293 million increase. The loss of $376 million consists of an operating profit after tax of $9 million and an impairment loss of $385 million. The South African operations have been accounted for as discontinued operations. Refer to “Item 18: Financial Statements-Note 9-Discontinued operations and assets and liabilities held for sale” for further details.

Comparison of financial performance in 2018 with 2017

Our gold income is materially impacted by price and volume variances. All of our costs are impacted by the consequences of average exchange rate movements.

Exchange fluctuations in and the average exchange rates for the South African rand, Brazilian real, Australian dollar and the Argentinian peso have effects on the various components that make up our costs based on the level of local procurement of each of these costs. For a discussion of the effect of foreign exchange fluctuations on our financial results, see “Item 5A: Operating Results-Key factors affecting results-Foreign exchange fluctuations”.

Revenue from product sales

Revenue from product sales decreased by $58 million, or two percent, from $3,394 million in 2017 from $1,230to $3,336 million in 2016,2018, mainly as a result of the increasedecrease in gold sold of 149,00042,000 ounces which resulted inpartially offset by an increase of gold income of $203 million. The increase in production was mainly due to higher recovered grades at Iduapriem, Siguiri and Geita. The increase in the gold price received resulted in an increase in gold income of $9 million.

received. Gold income from Australia increaseddecreased by $63$52 million, or 10two percent, from $646$3,255 million in 20162017 to $709$3,203 million in 2017. The increase was2018, mainly due to the increase of 43,000 ounces decrease

in gold soldsold. The gold price received increased by $10 per ounce, or one percent, from $1,251 per ounce in 2017 to $1,261 per ounce in 2018, which resulted in an increase in gold income of $59$38 million. By-product revenue decreased by $6 million, or four percent, to $133 million in 2018 from $139 million in 2017, mainly due to less revenue from silver.

Revenue from product sales from the Continental Africa operations decreased by $39 million, or three percent, to $1,405 million in 2018 from $1,444 million in 2017, mainly as a result of the decrease in gold sold of 24,000 ounces, which resulted in a decrease of gold income of $49 million. The decrease in production was mainly due to lower recovered grades at Siguiri partially offset by increased production at Iduapriem and Geita. The decrease in revenue was partially offset by an increase in the gold price received resulting in an increase in gold income of $10 million.

Revenue from product sales from Australia increased by $71 million, or ten percent, from $711 million in 2017 to $782 million in 2018. The increase was due to the increase of 53,000 ounces in gold sold in 2018, which resulted in an increase in gold income of $65 million. Gold production increased at Sunrise Dam due to increased mill feed grades and improved metallurgical recoveries and improved mill throughput resulted in higher production at Tropicana. The increase in the gold price received resulted in an increase in gold income of $4$6 million.

Gold incomeRevenue from product sales from the Americas operations increaseddecreased by $68$90 million, or seven percent, from $1,036$1,239 million in 20162017 to $1,104$1,149 million in 2017.2018. The increasedecrease was due to an increasea decrease of 47,00072,000 ounces in gold sold in 2017,2018, which resulted in an increasea decrease in gold income of $61$91 million. Gold production primarily increaseddecreased at AGA Mineração in Brazil mainly due to higher underground tonnages mined,development and infrastructure constraints, coupled with improvedlower grades. The increase in the gold price received resulted in an increase in gold income of $7$8 million.

Cost of sales

Cost of sales increaseddecreased from $3,263 million in 2016 to $3,582$2,607 million in 2017 to $2,584 million in 2018, which represents a $319$23 million, or 10one percent, increase.decrease. The increasedecrease was primarily due to $284a $132 million, or 1219 percent, increase in cash operating costs from $2,444 million in 2016 to $2,728 million in 2017. The increase in cash operating costs was due to the strengthening of local currencies against the US dollar and inflationary increases in labour costs, stores and consumable costs, fuel and power costs and contractor costs. The increase in royalties of $11 million is due to the increase in revenue from the higher gold price, production achieved and increased royalty rates in 2017 compared to 2016. The additional royalty paid at Geita of $11 million was accounted for as a special item (refer to explanation above under total cash costs and impacts of inflation). Total amortisation increased by $14 million from $809 million in 2016 to $823 million in 2017. There was a $53 million inventory change from negative $38 million to positive $15 million due to a decrease in gold on hand. The increase in costs was partially offset by a $16 million increase in by-product revenue due to higher silver volumes sold. Rehabilitation and other non-cash costs decreased by $14 milliontotal amortisation from $43 million in 2016 to $29 million in 2017. This decrease arose from the changes to cash flows, inflation rates and discount rates compared to 2016. Retrenchment costs decreased by $8 million from $14 million in 2016 to $6 million in 2017.

In South Africa cost of sales increased from $1,041 million in 2016 to $1,114$690 million in 2017 which represents a $73to $558 million or seven percent increase. The increase was mainly due to the increase in labour costs, stores and consumable costs, fuel and power costs, service related costs and the strengthening of the local currency against the US dollar. The increase was partially offset by a decrease in amortisation of tangible assets and retrenchment costs.2018.

In Continental Africa, cost of sales increased from $925 million in 2016 to $1,070$1,072 million in 2017 to $1,127 million in 2018, which represents a $145$55 million, or 16five percent, increase. The increase was mainly due to an increase in contractor costs, labour costs, stores and consumable costs, fuel and power costs, amortisation of tangible assetsservice related costs, royalties, rehabilitation and other non-cash costs and inventory change. The increase was partially offset by a decrease in service related costs and rehabilitation and other non-cash costs.amortisation of tangible assets.

In AustralasiaAustralia, cost of sales increased from $540 million in 2016 to $550$551 million in 2017 to $622 million in 2018, which represents a $10 million increase. The increase was mainly due to the strengthening of the local currency against the US dollar, amortisation of tangible assets and inventory change.

In the Americas cost of sales increased from $752 million in 2016 to $851 million in 2017, which represents a $99$71 million, or 13 percent, increase. The increase was mainly due to an increase in labour costs, stores and consumable costs, fuel and power costs, contractor costs, totalservice related costs and amortisation and inventory change.of tangible assets. The increase was partially offset by the weakening of the Australian dollar against the US dollar.

In the Americas, cost of sales decreased from $987 million in 2017 to $838 million in 2018, which represents a $149 million, or 15 percent, decrease. The decrease in service related costs and an increase in by-product revenue from silver which was highermainly due to volumes sold.



the weakening of the local currencies, the Argentinian peso by 70 percent and the Brazilian real by 15 percent, against the US dollar.

Total cash costs

Total cash costs increased from $2,435 million in 2016 to $2,709$1,881 million in 2017 to $1,996 million in 2018, which represents a $274$115 million, or 11six percent, increase. The increase was primarily due to an increase in salaries and wages costs, stores and other consumables costs, fuel and power costs, contractorcash operating costs and royalties. The strengthening of local currencies contributed $119 million to the increase. The increase wasroyalties, partially offset by a decrease in service related costs and an increase in revenue from by-products.

Labour costs increased from $859 million in 2016 to $946 million in 2017, which represents $87 million, or a 10 percent, increase.

In South Africa labour increased by $44 million, or 10 percent, from $428 million in 2016 to $472 million in 2017 mainly due to inflation and the strengthening of theweaker local currencycurrencies against the US dollar. Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, timber, reagents, fuel, power, water and contractors’ costs), royalties and other cash costs.

In Continental Africa labourCash operating costs increased by $14 million, or 11 percent, from $133 million in 2016 to $147$1,756 million in 2017 mainly due to inflation.

In Australia labour increased by $10 million, or 17 percent, from $59$1,850 million in 2016 to $69 million in 2017 mainly due to inflation and the strengthening of the local currency against the US dollar.

In the Americas labour increased by $18 million, or eight percent, from $237 million in 2016 to $255 million in 2017.

Consumable stores increased from $534 million in 2016 to $618 million in 2017,2018, which represents a $84$94 million, or 16five percent, increase. The increase was due mainlyprimarily due to an increase in engineering material at Geita and Cerro Vanguardia due to higher spending on underground development.

Fuel, power and water costs increased from $414 million in 2016 to $464 million in 2017, which represents a $50 million, or 12 percent, increase.

The increase was mainly due to the average $11 dollar per barrel, or 26 percent, increase in oil prices which resulted in fuel cost increasing across the group by $34 million, or 25 percent, from $136 million to $170 million.

Power cost increased by $14 million from $267 million in 2016 to $281 million in 2017. The increase was mainly due to the $13 million increase in South Africa. The increase was mainly due to inflation and the nine percent stronger South African randinflationary increases, partially offset by lower production.weaker local currencies against the US dollar. Cash operating costs includes salaries and wages, stores, explosives, timber, reagents, fuel, power, water and contractors’ costs.

Contractor costs increased from $443 million in 2016 to $622 million in 2017, which represents $179 million, or a 40 percent increase. The increase was mainly due to an increase of $84 million at Geita due to the ramping up of underground mining and $35 million in Australia due to increase production.

Service and other charges decreased from $193 million in 2016 to $78 million in 2017. This decrease was mainly due to lower ore stockpile adjustments and increased capital ore reserve development credits in 2017 compared to 2016.

Revenue from by-products, included in total cash costs, increased from $138 million in 2016 to $154 million in 2017, which represents a $16 million, or 12 percent, increase. The increase was mainly due to an increase in revenue from silver sales from $99 million in 2016 to $122 million in 2017. Silver sold increased from 5.4 million ounces in 2016 to 6.6 million ounces in 2017. The increase was mainly at Cerro Vanguardia. The increase was partially offset by an $8 million decrease in uranium revenue in South Africa at Kopanang and Moab Khotsong.

Royalties,, which are generally calculated as a percentage of revenue, increased from $105$111 million in 20162017 to $116$133 million in 2017,2018, which represents a $22 million, or 20 percent, increase, primarily due to an increase in the spot gold prices and an increase in production at Siguiri, Cerro Vanguardia, Tropicana and Geita.

Retrenchment costs

Retrenchment costs included in cost of sales decreased from $14 million in 2016 to $6 million in 2017 to $4 million in 2018, which represents an $8a $2 million, or 5733 percent, decrease. The decrease was mainly due to lower retrenchment costs in the South African region being included in special items. This decrease was partially offset by an increase in retrenchment costs from the South American region.Brazil.

Rehabilitation and other non-cash costs

Rehabilitation and other non-cash costs decreasedincreased from $16 million in 2017 to $17 million in 2016 to $1 million in 2017,2018, which represents a $16$1 million decrease. Theincrease. This increase was primarily due to a change in estimates is attributable to changes in discount rates followingdue to changes in global economic assumptions and

changes in mine plans. These changes have resultedplans resulting in changesa change in cash flows theand changes in design of tailings storage facilities and in methodology following requests from the environmental regulatory authorities.


authorities compared to 2017.

Amortisation of tangible, and intangible assets

Amortisation of tangible and intangible assets expense increaseddecreased from $809 million in 2016 to $823$690 million in 2017 to $558 million in 2018, which represents a $14$132 million, or two19 percent, increase.decrease. Amortisation of tangible assets increaseddecreased by $28$132 million, or 19 percent, from $685 million in 2017 to $553 million in 2018, largely due to higherthe depletion of open pit ore at Geita, lower production at Siguiri, lower production at Cerro Vanguardia and lower production and capital spend at Córrego do Sitio.Sítio and Serra Grande. The increasedecrease was partially offset by a decreasean increase in amortisation at Sunrise Dam and Tropicana in South Africa. Amortisation of intangible assets isAustralia due to higher production.

Inventory change

Inventory decreased from $14 million lower than 2016 mainly duein 2017 to decreased amortisation of software and licenses at the South African and South American operations.$9 million in 2018, which represents a $5 million, or 36 percent, decrease.

Other expenses

Other operating expenses decreased from $110 million in 2016 to $88$150 million in 2017 to $79 million in 2018, which represents a $22$71 million, or 2047 percent, decrease. The decrease was mainly due to a decrease in post retirement defined benefit provisions of $16 million and care and maintenance costs of $8 million partially offset by an increase in other provisions of $2 million. Corporate expenses increased by $3 million in 2017 compared to 2016 relating mainly to exchange variances. Exchange losses decreased by $77 million mainly as a result of the $60 million exchange loss on the foreign currency translation reserve release in the prior year.

Special items

Special items increased from $42 million in 2016 to $438 million in 2017, which represents a $396 million, or 943 percent, increase. This increase was mainly due to impairment and derecognition of mining assets in South Africa of $286 million and impairment of goodwill at First Uranium (South Africa) of $9 million; retrenchment costs, mainly in South Africa, of $88 million; a provision for the settlement of the silicosis class action of $63 million and the additional royalty at Geita of $11 million. The increase was partially offset by royalties received of $18 million, receipt of proceeds on the settlement of an arbitration of $6 million, OCI recycle on disposal of Mariana resources of $5 million and profit on sale of assets of $3 million.not repeated in 2018.

Finance costs and unwinding of obligations

Finance costs decreased by $16$1 million, or 10one percent, to $142$140 million in 2017,2018, compared to $158$141 million in 2016. The decrease of $16 million was mainly due to the reduction in interest arising on the settlement of the $1.25 billion bond during August 2016 and settlement of the R750 million bond during December 2016 partially offset by higher interest paid on the banking facilities in South Africa of $12 million.2017. Unwinding of obligations expense of $27$28 million was recorded in 20172018 compared with $22$16 million in 2016.2017.

Share of associates and joint ventures' profit

Share of associates and joint ventures' profit increased by $100 million to a profit of $122 million in 2018, compared to a profit of $22 million in 2017, compared to profit $11 million in 2016, mainly as a result of an increase in equity earnings after taxation of $86 million (mainly at Kibali) and an increase in net impairment reversals from $6 million in 2016 to $15 million in 2017.2017 to $29 million in 2018.

Taxation

A taxation expense of $108$212 million was recorded in 2017,2018, compared to an expense of $189$163 million in 2016.2017, which represents a $49 million, or 30 percent, increase. Charges for current tax in 20172018 amounted to $242 million, compared to $176 million compared to $ 234in 2017, which represents a $66 million, or 38 percent, increase. The increase in 2016. The decrease incurrent tax is mainly due to lowerhigher earnings in BrazilGhana and Tanzania, elimination of withholdingArgentina in 2018 compared to credits received for changes to tax on dividends in 2017 in Argentina and credits due to changes in tax legislation substantially enacted in North America in lateduring December 2017. Charges for deferred tax in 20172018 amounted to a net deferred tax benefit of $68$30 million, compared to a net deferred tax benefit of $45$13 million in 2016. The increase in deferred taxation benefit is largely due to higher tax losses, deferred tax credits booked on impairments, retrenchment and silicosis provisions in South Africa, which were partially offset by the reversal of certain capital uplift allowances at First Uranium (in South Africa) relating to prior years.

Comparison of financial performance in 2016 with 2015

Our gold income is only materially impacted by price and volume variances. All of our costs are impacted by the consequences of average exchange rate movements.

When comparing the results of operations for 2016 compared to 2015 the investor is referred to “Item 5A - Foreign exchange fluctuations” where we report on exchange fluctuations and the average exchange rates in the South African Rand, Brazilian Real, Australian Dollar and the Argentinean Peso which will have effects on the various components that make up our costs based on the level of local procurement of each of these costs.

Gold income

Gold income increased by $70 million, or two percent, from $4,015 million in 2015 to $4,085 million in 2016. This increase was due to the increase in the gold price received of $91 per ounce, or eight percent, from $1,158 per ounce during 2015 to $1,249 per ounce in 2016. The increase in the price of gold resulted in an increase in gold income of $299 million. The increase was partially

offset by a 270,000 ounce decrease in gold sold from continuing operations, which resulted in a decrease in gold income of $229 million.

Gold income from the South African operations in 2016 increased by $41 million, or four percent, to $1,173 million from $1,132 million in 2015, mainly as a result of the increase in the gold price received, which resulted in an increase in gold income of $87 million. The increase was partially offset by a decrease in gold sold of 40,000 ounces, primarily as a result of safety stoppages and lower grades at Tau Tona and Kopanang, which accounted for $46 million of the decrease. 

Gold income from the Continental Africa operations decreased by $20 million, or two percent, to $1,250 million in 2016 from $1,230 million in 2015, mainly as a result of the decrease in gold sold of 93,000 ounces, which resulted in a decrease of gold income of $110 million. The decrease in production was mainly due to the cessation of tailings treatment at Obuasi and lower grades mined at Geita. The decrease was partially offset by the increase in the gold price received which resulted in an increase in gold income of $90 million.

Gold income from Australia decreased by $20 million, or three percent, from $666 million in 2015 to $646 million in 2016. The decrease was due to the 56,000 ounces decrease in gold sold in 2016, which resulted in a decrease in gold income of $67 million. The decrease in production was mainly as a result of lower planned grades mined at Tropicana. The decrease was partially offset by the increase in the gold price received which resulted in an increase in gold income of $47 million.

Gold income from the Americas operations increased by $69 million, or seven percent, from $967 million in 2015 to $1,036 million in 2016, mainly as a result of the increase in the gold price received, which resulted in an increase in gold income of $75 million. The increase was partially offset by a decrease in gold sold of 21,000 ounces, primarily at AGA Mineração, as a result of lower grades due to operational and geotechnical issues which accounted for $6 million of the decrease in gold income.

Cost of sales

Cost of sales decreased from $3,294 million in 2015 to $3,263 million in 2016, which represents a $31 million or one percent decrease. The decrease was primarily due to the $61 million inventory change in 2016 as a result of an increase in related total cash costs and amortisation of tangible and intangible assets directly related to the production of inventory, being deferred into inventory at year end. This overall decrease in cost of sales was offset by an increase in total amortisation costs of $32 million from $777 million in 2015 to $809 million in 2016. The increase in royalties of $5 million is due to the increase in revenue due to the higher gold price achieved in 2016 than 2015. In addition, rehabilitation and other non-cash costs increased by $53 million from a credit of $10 million in 2015 to a cost of $43 million. This increase arose from the changes to cash flows, inflation rates and discount rates compared to 2015. The $49 million decrease in cash operating costs from $2,493 million to $2,444 million, was primarily due the weakness in local currencies and was partially offset by inflationary increases. By-product revenue increased due to higher volumes sold as well as higher average prices received for silver.

In South Africa cost of sales decreased from $1,083 million in 2015 to $1,041 million in 2016, which represents a $42 million or four percent decrease. The decrease was mainly due to the weakening of the rand, which was partially offset by an increase in production costs in the local currency.

In Continental Africa cost of sales decreased from $969 million in 2015 to $925 million in 2016, which represents a $44 million or five percent decrease. The decrease was mainly due to decreases in labour costs, fuel and power costs, and contractor costs, partially offset an increase in amortisation of tangible assets.

In Australasia cost of sales increased from $525 million in 2015 to $540 million in 2016, which represents a $15 million or three percent increase. The increase was mainly due to an increase in fuel and power which was partially offset by an increase in labour costs.

In the Americas cost of sales increased from $719 million in 2015 to $752 million in 2016, which represents a $33 million or five percent increase. The increase was mainly due to increases in services costs and amortisation of tangible assets which were partially offset by an increase in by-product revenue from silver which was due to higher volumes sold as well as a higher average silver price received in 2016.

Total cash costs

Total cash costs decreased from $2,493 million in 2015 to $2,435 million in 2016, which represents a $58 million, or two percent, decrease. The decrease was primarily due to a decrease in salaries and wages costs, fuel and power costs, contractor costs and service related costs. The decrease was partially offset by an increase in stores and other consumables costs, retrenchment costs and rehabilitation costs.

Labour costs decreased from $869 million in 2015 to $859 million in 2016, which represents $10 million, or one percent, decrease.

In South Africa labour increased by $4 million, or one percent, from $424 million in 2015 to $428 million in 2016 mainly due to $7 million bonuses paid at Mponeng. The increase was partially offset by the weaker exchange rate.

In Continental Africa labour decreased by $8 million, or six percent, from $141 million in 2015 to $133 million in 2016 mainly due to Obuasi being transferred to care and maintenance and a decrease at Siguiri.

In Australia labour decreased by $5 million, or eight percent, from $64 million in 2015 to $59 million in 2016.

In the Americas labour remained unchanged at $237 million.

Consumable stores increased from $519 million in 2015 to $534 million in 2016, which represents a $15 million, or three percent, increase. Other material increased by $17 million across the group. The increase was partially offset by weaker local currencies.

Fuel and power costs decreased from $443 million in 2015 to $414 million in 2016, which represents a $29 million, or seven percent, decrease.

The decrease was mainly due to the average $9 dollar per barrel, or 17 percent, decrease in oil prices which resulted in fuel cost decreasing across the group by $34 million, or 27 percent, from $124 million to $90 million.

The decrease was partially offset by a $10 million increase in power costs. Power costs increased by $18 million in Australia mainly at Tropicana due to annual rate increases and the use of gas to generate power. In the Americas power increased by $6 million mainly at Serra Grande and AGA Córrego do Sítío Mineração. The increase was partially offset by a decrease in power costs due to lower production mainly in South Africa and Continental Africa.

Contractor costs decreased from $460 million in 2015 to $443 million in 2016,2017 , which represents a $17 million, or four percent, decrease which largely due to a decrease in contractor costs in Australia due to deferred stripping costs capitalised in 2016 which were expensed in 2015 which was partially offset by increases in contractor costs in Continental Africa.

Service and other charges decreased from $184 million in 2015 to $170 million in 2016. This decrease was mainly due to lower ore stockpile adjustments and write-off in the 2016 compared to 2015.

Revenue from by-products, included in total cash costs, increased from $127 million in 2015 to $138 million in 2016. The increase was mainly due to an increase in revenue from silver sales that increased from $72 million in 2015 to $99 million in 2016. Silver sold increased from 4.3 million ounces in 2015, at an average price of $17 per ounce, to 5.3 million ounces in 2016, at an average price of $19 per ounce. The increase was mainly at Cerro Vanguardia. The increase was partially offset by a $16 million decrease in uranium revenue in South Africa at Kopanang and Moab Khotsong.

Royalties, which are generally calculated as a percentage of revenue, increased from $100 million in 2015 to $105 million in 2016, primarily due to an increase in the spot gold prices offset by a decrease in production.

Retrenchment costs

Retrenchment costs included in cost of sales increased from $11 million in 2015 to $14 million in 2016, which represents a $3 million, or 27 percent, increase. Retrenchment costs recorded for the year ended 31 December 2016 resulted from the rationalisation of operations in the South African region partially offset by a decrease in the South American region.

Rehabilitation costs

Rehabilitation costs increased from a credit of $25 million in 2015 to a charge of $17 million in 2016, which represents a $42 million increase. The increase was due to changes to cash flows, inflation rates and discount rates compared to 2015.

Amortisation of tangible and intangible assets

Amortisation of tangible and intangible assets expense increased by $32 million, or four percent, to $809 million in 2016 from $777 million in 2015. Amortisation of tangible assets increased by $52 million largely due to higher deferred stripping amortisation at Geita due to higher tonnes mined resulting from a change in the mine plan, higher amortisation at Cerro Vanguardia and at Sunrise Dam due to higher production. The increase was partially offset by an allocation of amortisation costs to care and maintenance costs in 2016 due to the transitioning of Obuasi into care and maintenance. Amortisation of intangible assets is $20 million lower than 2015 mainly due to decreased amortisation of software and licenses at the South African operations.

Other expenses

Other operating expenses increased from $96 million in 2015 to $110 million in 2016, which represents a $14 million, or 15131 percent, increase. The increase wasin the deferred taxation benefit mainly duerelates to an increaselower withholding tax in pensionTanzania and medical fund provisions of $7 million and government fiscal claims and tailinga taxation holiday agreement from 2018 in Guinea.

Discontinued operations

A loss from discontinued operations of $7 million. Corporate expenses decreased by $17 million in 2016 compared to 2015 as a result of ongoing cost-cutting measures implemented in the company. Exchange losses increased by $71 million as a result of changes in currencies in which the company transacts.

Special items

Special items decreased from $71 million in 2015 to $42 million in 2016, which represents a $29 million, or 41 percent, decrease. This decrease was mainly due to a decrease of repurchase premium and cost on settlement of bonds of $31 million and a decrease in impairments of $17 million not repeated in 2015, offset by a decrease in indirect tax recoveries of $18 million not repeated in 2015.

Finance costs and unwinding of obligations

Finance costs decreased by $65 million, or 29 percent, to $158 million in 2016, compared to $223 million in 2015. The decrease was mainly due to a reduction of $65 million of interest attributable to the redeemed $1.25 billion 8.5 percent bond issued in July 2013. Unwinding of obligations expense of $22$83 million was recorded in 2016 compared with $22 million in 2015.

Share of associates and joint ventures' profit

Share of associates and joint ventures' profit decreased to $11 million in 2016 compared to $88 million in 2015, mainly as a result of the decrease in operating profits due to an increase in operating costs and a decrease in revenue due to lower production partially offset by an increase in the gold price received. Net impairments reversals decreased to $6 million in 2016 from $24 million in 2015.

Taxation

A taxation expense of $189 million was recorded in 2016, compared to an expense of $211 million in 2015. Charges for current tax in 2016 amounted to $234 million, compared to $192 million in 2015. The increase in tax is mainly due to higher current tax in Argentina, Ghana and Guinea based on higher earnings. Charges for deferred tax in 2016 amounted to a net deferred tax benefit of $45 million2018, compared to a net deferred tax expenseloss of $19$336 million in 2015.2017, which represents a $253 million decrease. The decrease in deferred taxation is largely dueSouth African operations have been accounted for as discontinued operations. Refer to foreign exchange effects on the translation of non-monetary items in Brazil“Item 18: Financial Statements-Note 9-Discontinued operations and Argentinaassets and adjustments on taxable items in North America and Australia, partly offset by an increase in deferred tax in South Africa.liabilities held for sale” for further details.

CapitalComparison of capital expenditure in 2019, 2018 and 2017

The following table presents capital expenditure data from continuing operations for the AngloGold Ashanti group for the three-year period ended 31 December 2017:2019:
Capital expenditure data for AngloGold Ashanti Year ended December 31 Year ended 31 December
 2017
 2016
 2015
Capital expenditure (million US dollars) 953
 811
 857
(in $ millions) 2019
 2018
 2017
Capital expenditure 754
 645
 798
- Consolidated entities 830
 711
 726
 703
 576
 675
- Equity accounted joint ventures 123
 100
 131
 51
 69
 123

Total capital expenditure was $953$754 million in 20172019, compared to $811$645 million in 2016.2018. This represents a $142$109 million, or 1817 percent, increase from 2016.2018. This increase is due to increased capital expenditure on existing operations ($134 million) and on growth related projects ($8166 million) partially offset by decreased expenditure on existing operations ($38 million). Capital expenditure increased by $198 million at IduapriemObuasi, in Ghana, due to significant project ramp up in 2019 compared to 2018 in the areas of mining fleet acquisition and underground mining development related costs, processing plant refurbishment and upgrade, surface and underground infrastructure, project team

and owner cost and pre-production capital. Capital expenditure increased by $43$30 million at Tropicana, in Australia, due to pre-stripping andexpenditure at Tropicana's Boston Shaker 4 due to a shift in mining activity. Capital expenditure increased by $29 million at Quebradona, in Colombia, due to feasibility study costs of the plant recovery improvement project. Capital expenditure increased by $16 million at Geita, in Tanzania, due to an increase in ore reserve development capital, underground infrastructure development, and higher other sustaining capital as underground activities ramp up. The increase in capital expenditure was partially offset by $38decreased expenditure at Siguiri, in Guinea by $74 million due to establishmentthe completion and commissioning of underground and ore reserve development partially offset by stripping due to pit depletion.the CIL combination plant in early 2019. Capital expenditure increaseddecreased at Sunrise Dam, in Australia, by $30$36 million due to continued undergrounddecreased ore reserve development.development and sustaining capital due to the completion of large projects. Capital expenditure increaseddecreased at SiguiriIduapriem, in Ghana, by $23$27 million due to the combination plant, infill drilling and overland land conveyor belt replacement.lower pre-stripping costs partially offset by stay in business capital. Capital expenditure increaseddecreased at Kibali, in the DRC, by $18$13 million due to plant upgrade with four ultra-fine grind mills and Hydrothe completion of capital projects in 2018.

Total capital expenditure was $645 million in 2018, compared to $798 million in 2017. This represents a $153 million, or 19 percent, decrease from 2017. This decrease is due to decreased capital expenditure on existing operations ($138 million) partially offset by increased expenditure on growth related projects ($38 million). Capital expenditure decreased at Geita, in Tanzania, by $96 million due to lower ore reserve development capital, less expenditure on the new power plant in 2018 and increasedless deferred stripping expenditure in 2018. Capital expenditure decreased at Kibali, in the DRC, by $46 million due to the hydro-power plant commissioned in 2017, lower deferred stripping and ore reserve development capital and the underground plant commissioned in 2017. Capital expenditure decreased at AGA Mineração, in Brazil, due to the impact of the weaker exchange rate of the Brazilian real against the US dollar, review of the business strategy with reduction in investments, optimising cash flow, less spend on assets to maintain operations, less mine development and stripping. Capital expenditure increaseddecreased at Cerro Vanguardia, in Argentina by $20 million due to the impact of a 70 percent weaker exchange rate of the Argentinian peso against the US dollar and lower development costs due to reduction of workforce. Capital expenditure decreased at Tropicana, in Australia, by $15 million due to an increase indecreased deferred waste stripping. Capitaland pre-stripping of $27 million and other sustaining capital expenditure increasedof $10 million partially offset by $14$22 million at Córrego do Sítío due tospend on the raising of the tailings dam, an increase in stay in business spending and exploration.Ball Mill Infrastructure. The strengthening of local currencies against the US dollar also resulted in an increase of capital expenditure. The increasedecrease in capital expenditure was partially offset by a decreaseincreased expenditure of $32$48 million at Obuasi, in South AfricaGhana, due to expenditure on Kopanang, Tau Tona, West gold plant, ATIC and directly associated services projects, expensed from Julylack of spending in 2017 and capital rationing and postponement of Mponeng Mine Life Extension.

Total capital expenditureas there was $811 million in 2016 compared to $799 million (excluding discontinued operations) in 2015. This represents a $12 million, or two percent, increase from 2015. The increase in capital expenditure during 2016 is due to increased capital expenditure on existing operations ($65 million) partially offset by reduced expenditure on growth related projects ($53 million).no budget. Capital expenditure increased at Tropicana,Siguiri, in Australia,Guinea, by $28$14 million due to an increase in deferred waste stripping of $18 million and more spendadditional expenditure on sustaining capital of $10 million. Capital expenditure increased by $33 million at Córrego do Sítío due to the raising of the tailings dam, an increase in stay in business spending, an increase in primary development and exploration cost partially offset by the weakening of the local currency against the US dollar. Capital expenditure increased by $10 million at Serra Grande due to increased ore reserve development and the conversion of the leaching process, partially offset

by the weakening of the local currency against the US dollar. Capital expenditure increased by $30 million at Siguiri due to cost incurred relating to theCIL combination plant project and sustainability project. The increase in capital expenditure was partially offset by a decrease of $24 million in South Africa due to a weaker exchange rate, a decrease of $17 million at Obuasi due to the mine transitioning to care and maintenance, a decrease of $32 million at Kibali due to decreased spending on growth projects partly offset by higher ore reserve development and a decrease of $8 million at Cerro Vanguardia mainly due to a weaker local exchange rate.

Comparison of financialoperating performance on a segment basis for 2017, 20162019, 2018 and 20152017

The company produces gold as its primary product and does not have distinct divisional segments in terms of principal business activity, but manages its business on the basis of different geographic segments. Therefore, information regarding separate geographic segments is provided.

Gold income
(in millions)Year ended 31 DecemberYear ended 31 December
2017 2016 20152019 2018 2017
$
 percent
 $
 percent
 $
 percent
$
 percent
 $
 percent
 $
 percent
Geographical analysis of gold income by origin is as follows:                      
South Africa1,101
 25
 1,173
 29
 1,132
 27
Continental Africa1,895
 44
 1,663
 41
 1,724
 42
2,203
 55
 1,983
 52
 1,895
 44
Australasia709
 16
 646
 16
 666
 16
Australia851
 21
 780
 20
 709
 16
Americas1,104
 25
 1,036
 25
 967
 23
1,000
 25
 1,021
 27
 1,104
 25
4,809
   4,518
   4,489
  4,054
   3,784
   3,708
  
Less : Associates and equity accounted joint ventures included above(453) (10) (433) (11) (474) (11)(615) (15) (581) (15) (453) (10)
Continuing operations4,356
   4,085
   4,015
  3,439
   3,203
   3,255
  
Discontinued operations
 
 
 
 137
 3
554
 14
 602
 16
 1,101
 25
4,356
 100
 4,085
 100
 4,152
 100
3,993
 100
 3,805
 100
 4,356
 100

Assets

(in millions)Year ended 31 DecemberYear ended 31 December
2017 2016 20152019 2018 2017
$
 percent $
 percent $
 percent$
 percent $
 percent $
 percent
Geographical analysis of assets by origin is as follows:            
South Africa1,734
 24 1,818
 26 1,629
 22697
 10 1,106
 17 1,734
 24
Continental Africa3,153
 44 3,090
 43 3,121
 433,514
 51 3,135
 47 3,153
 44
Australasia929
 13 804
 11 837
 12
Australia972
 14 888
 13 929
 13
Americas1,258
 17 1,273
 18 1,341
 181,427
 21 1,286
 19 1,258
 17
Other, including non-gold producing subsidiaries145
 2 168
 2 356
 5253
 4 228
 4 145
 2
Total assets7,219
 100 7,153
 100 7,284
 1006,863
 100 6,643
 100 7,219
 100

At 31 December 2017, 242019, ten percent of AngloGold Ashanti’s total assets were located in South Africa compared with 2617 percent at the end of 2016.2018. The remaining operations collectively accounted for approximately 7690 percent of AngloGold Ashanti’s total assets at 31 December 20172019 compared to 7483 percent at the end of the same period in 2016.2017.

At 31 December 2016, 262018, 17 percent of AngloGold Ashanti’s total assets were located in South Africa compared with 2224 percent at the end of 2015.2017. The remaining operations collectively accounted for approximately 7483 percent of AngloGold Ashanti’s total assets at 31 December 20162018 compared to 7876 percent at the end of the same period in 2015.



2017.

Non-GAAP analysis

Reconciliation of all-inAll-in sustaining costs and all-in costs to cost of sales per the financial statements

During June 2013, the World Gold Council (WGC), an industry body, published a Guidance Note on “all-in sustaining costs” and “all-in costs” metrics, which gold mining companies can use to supplement their overall non-GAAP disclosure. The WGC worked closely with its members (including AngloGold Ashanti) to develop these non-GAAP measures which are intended to provide further transparency into the full cost associated with producing gold. It is expected that these metrics, in particular, the “all-in sustaining cost” and “all-in cost” metrics which AngloGold Ashanti provides in this annual report on Form 20-F, will be helpful to investors, governments, local communities and other stakeholders in understanding the economics of gold mining. “All-in sustaining costs” is a non-GAAP measure which is an extension of the existing “total cash cost”costs net of by-product revenue” metric and incorporates all costs related to sustaining production and in particular, recognises the sustaining capital expenditures associated with developing and maintaining gold mines. In addition, this metric includes the cost associated with Corporate Office structures that support these operations, the community and rehabilitation costs attendant with responsible mining and any exploration and evaluation cost associated with sustaining current operations. “All-in sustaining costs per ounce” is arrived at by dividing the dollar value of the sum of thesethis cost metrics,metric by the ounces of gold sold. “All-in cost” includescosts” is a non-GAAP measure comprising “all-in sustaining costs” including additional costs which reflect the varying costs of producing gold over the life-cycle of a mine including costs incurred at new operations and costs related to major projects at existing operations, which are expected to increase production. “All-in costcosts per ounce” is arrived at by dividing the dollar value of the sum of thesethis cost metrics,metric by the ounces of gold sold.

Reconciliation of total cash costs to financial statements

Total cash costs arenet of by-product revenue

“Total cash costs net of by-product revenue” is calculated in accordance with the guidelines of the Gold Institute industry standard and industry practice and areis a non-GAAP measures.measure. The Gold Institute, which has been incorporated into the National Mining Association, is a non-profit international association of miners, refiners, bullion suppliers and manufacturers of gold products, which developed a uniform format for reporting total cash costs on a per ounce basis. The guidance was first adopted in 1996 and revised in November 1999.

"Total cash costs net of by-product revenue" as calculated and reported by AngloGold Ashanti include costs for all mining, processing, onsite administration costs, royalties and production taxes, as well as contributions from by-products, but exclusive of amortisation of tangible, intangible and intangibleright of use assets, rehabilitation costs and other non-cash costs, retrenchment costs, corporate administration, marketing and other costs, capital costs and exploration costs. Total“Total cash costs per ounce areounce” is calculated by dividing attributable total cash costs net of by-product revenue by attributable ounces of gold produced.

All-in sustaining costs, all-incosts”, “all-in sustaining costs per ounce, all-in costs, all-inounce”, “all-in costs”, “all-in costs per ounce, totalounce”, “total cash costs net of by-product revenue” and total“total cash costs per ounceounce” should not be considered by investors in isolation or as alternatives to cost of sales, profit/(loss) applicable to equity shareholders, profit/(loss) before taxation, cash flows from operating activities or any other measure of financial performance presented in accordance with IFRS or as an indicator of the company’s performance. While the WGC has published guidance on how to define all-in“all-in sustaining costscosts” and all-in costs“all-in costs” and the Gold Institute has provided definitions for the calculation of total“total cash costs per ounce”, the calculation of these metrics may vary significantly among gold mining companies, and by themselves do not necessarily provide a basis for comparison with other gold mining companies.


However, AngloGold Ashanti believes that all-in“all-in sustaining costs, all-in costscosts”, “all-in costs” and total“total cash costs net of by-product revenue” in total by mine and per ounce by mine, are useful indicators to investors and management as they provide:

an indication of profitability, efficiency and cash flows;
the trend in costs as the mining operations mature over time on a consistent basis; and
an internal benchmark of performance to allow for comparison against other mines, both within the AngloGold Ashanti group and at other gold mining companies.

Reconciliations

A reconciliation of both cost of sales and total cash costs as included in the company’s audited financial statements to all-in“all-in sustaining costs”, “all-in sustaining costs all-inper ounce”, "all-in costs", "all-in costs and totalper ounce", “total cash costs net of by-product revenue” and "total cash costs per ounce" for each of the three years in the period ended 31 December 20172019 is presented on a total and segment basis in the tables below. In addition, the company has provided below detail of the attributable ounces of gold produced and sold by mine for each of those periods.periods below.


The following table presents selected total operating data from continuing operations for the AngloGold Ashanti group for the three-year period ended 31 December 2017:2019:

Operating data for AngloGold AshantiYear ended December 31  
 2017
 2016
 2015
Total cash costs (million US dollars) – per financial statements(1)
2,709
 2,435
 2,493
All-in sustaining costs ($/oz) - Subsidiaries(2)
1,050
 990
 935
All-in sustaining costs ($/oz) - Joint Ventures(2)
1,087
 955
 704
All-in costs ($/oz) - Subsidiaries(2)
1,119
 1,063
 1,003
All-in costs ($/oz) - Joint Ventures(2)
1,186
 1,141
 989
Total cash costs ($/oz) - Subsidiaries(2)
789
 737
 719
Total cash costs ($/oz) - Joint Ventures(2)
819
 812
 655
Operating data for AngloGold Ashanti operations - TotalYear ended 31 December
(continuing operations)

2019
 2018
 2017
  Cost of sales (million US dollars) - Subsidiaries2,626
 2,584
 2,607
  Cost of sales (million US dollars) - Joint Ventures428
 480
 441
All-in sustaining costs per ounce ($/oz) - Subsidiaries(1)
1,017
 970
 975
All-in sustaining costs per ounce ($/oz) - Joint Ventures(1)
767
 820
 1,087
All-in costs per ounce ($/oz) - Subsidiaries(1)
1,218
 1,075
 1,062
All-in costs per ounce ($/oz) - Joint Ventures(1)
785
 846
 1,186
Total cash costs per ounce ($/oz) - Subsidiaries(1)
763
 743
 683
Total cash costs per ounce ($/oz) - Joint Ventures(1)
657
 680
 819
(1) 
Excludes discontinued operations in 2015.
(2)
All-in sustaining costs all-inper ounce $/oz”, "all-in costs per ounce $/oz” and total“total cash costs per ounce $/oz" are non-GAAP measures. For a detailed reconciliation of "all-in sustaining costs per ounce", "all-in costs per ounce" and "total cash costs per ounce" for the company’s total operations for each of the three years in the period ended 31 December 2019, refer to the relevant “AngloGold Ashanti operations - Total” tables below.

Total all-in sustaining costs, all-in costs and total cash costs

For a detailed reconciliation of all-in sustaining costs, all-in costs and total cash costs see “Operations” tables.

Comparison of all-in sustainingoperating performance on a segment basis in 2019 with 2018

Cost of sales

In Continental Africa - Subsidiaries, cost of sales increased by $46 million, or four percent, to $1,173 million in 2019 from $1,127 million in 2018. The increase was mainly due to increases in total amortisation, inventory change, rehabilitation and other non-cash costs. In Tanzania, at Geita, cost of sales decreased by $41 million, or seven percent, to $571 million in 2019 from $612 million in 2018. In Ghana, at Iduapriem, cost of sales increased by $55 million, or 24 percent, to $288 million in 2019 from $233 million in 2018. In Guinea, at Siguiri, cost of sales increased by $29 million, or ten percent, to $315 million in 2019 from $286 million in 2018.

In Continental Africa - Joint Ventures, cost of sales decreased by $52 million, or 11 percent, to $428 million in 2019 from $480 million in 2018. The decrease was mainly due to favourable inventory movements, lower amortisation and lower fuel expense. In Mali, at Morila, cost of sales decreased by $6 million, or 14 percent, to $36 million in 2019 from $42 million in 2018. At Sadiola, cost of sales decreased by $11 million, or 17 percent, to $54 million in 2019 from $65 million in 2018. In the DRC, at Kibali, cost of sales decreased by $35 million, or nine percent, to $338 million in 2019 from $373 million in 2018.

In the Americas, cost of sales decreased by $16 million, or two percent, to $822 million in 2019 from $838 million in 2018. The decrease was mainly due to the weakening of the local currencies, the Argentinian peso by 72 percent and the Brazilian real by eight percent, against the US dollar. In Brazil, at AngloGold Ashanti Córrego do Sítio Mineração, cost of sales increased by $35 million, or nine percent, to $417 million in 2019 from $382 million in 2018. At Serra Grande, cost of sales increased by $1 million, or one percent, to $130 million in 2019 from $129 million in 2018. In Argentina, at Cerro Vanguardia, cost of sales decreased by $51 million, or 16 percent, to $274 million in 2019 from $325 million in 2018.

In Australia, cost of sales increased by $10 million, or two percent, to $632 million in 2019 from $622 million in 2018. The increase was mainly due to an increase in amortisation and inventory change. The increase was partially offset by a decrease in service-related costs and the weakening of the Australian dollar against the US dollar. At Sunrise Dam, cost of sales increased by $8 million, or three percent, to $318 million in 2017 with 20162019 from $310 million in 2018. At Tropicana, cost of sales increased by $4 million, or one percent, to $297 million in 2019 from $293 million in 2018.

Overall the subsidiaries’ cost of sales increased from $2,584 million in 2018 to $2,626 million in 2019, which represents a $42 million, or two percent increase. The increase was primarily due to a $36 million increase in rehabilitation and other non-cash costs as a result of changes to cash flows, inflation rates and discount rates.

All-in sustaining costs per ounce (excluding stockpile impairments) in South Africa increased in 2017 by $164 per ounce, or 15 percent, to $1,245 per ounce from $1,081 per ounce in 2016. The increase was as a result of the strengthening of the rand, increase in cost of sales and the 61,000-ounce decrease in gold sold (excluding pre-production ounces).

In Continental Africa - Subsidiaries, all-in sustaining costs (excluding stockpile impairments) increased by $23$6 per ounce, or threeone percent, to $909$947 per ounce in 20172019 from $886$941 per ounce in 2016.2018. This increase was mainly due to an increase in cost of sales anat Geita. The increase was partially offset by the decreased spending in sustaining capital expenditure due to increased spending at Iduapriem and Geita underground development. Thean increase in all-in sustaining costs was partially offset by a 149,000-ounce increaseof 30,000 ounces in gold sold (excluding pre-production ounces).

In Continental Africa - Joint Ventures, all-in sustaining costs (excluding stockpile impairments) increaseddecreased by $132$53 per ounce, or 14six percent, to $1,087$767 per ounce in 20172019 from $955$820 per ounce in 2016.2018. This increasedecrease was mainly due to an increasea decrease in cost of sales an increaseand a decrease in sustaining capital expenditure due to increased spending on Kibali as it moves underground. The increase in all-in sustaining costsat Kibali. This decrease was partially offset by a 15,000-ounce increasedecrease in total amortisation and a decrease of 17,000 ounces in gold sold.

In the Americas, all-in sustaining costs (excluding stockpile impairments) increased by $68$177 per ounce, or eight21 percent, to $943$1,032 per ounce in 20172019 from $875$855 per ounce in 2016.2018. This increase was mainly due to an increase in costsa decrease of sales partially offset by an increase of 47,00083,000 ounces in gold sold in 2017 (excluding pre-production ounces). and a decrease of total amortisation at Cerro Vanguardia and Serra Grande. The increase was partially offset by a decrease in cost of sales and an overall decrease of spending in sustaining capital expenditure.

In Australia, all-in sustaining costs decreased by $5$48 per ounce, or five percent, to $1,062$990 per ounce in 20172019 from $1,067$1,038 per ounce in 2016.2018. This decrease was mainly due to an increase of 43,000 ounces in gold soldtotal amortisation at Sunrise Dam and Tropicana and a decrease in 2017spending in sustaining capital expenditure at Sunrise Dam and Tropicana. The decrease was partially offset by an increase in sustaining capital expenditure.

Comparisoncost of all-in costs in 2017 with 2016sales.

All-in costs per ounce (excluding stockpile impairments) in South Africa increased by $156 per ounce, or 14 percent, to $1,278 per ounce in 2017 from $1,122 per ounce in 2016. The increase was as a result of the strengthening of the rand, an increase in all-in sustaining costs and the 61,000-ounce decrease in gold sold.

In Continental Africa - Subsidiaries, all-in costs (excluding stockpile impairments) increased by $30$138 per ounce, or three13 percent, to $1,019$1,237 per ounce in 20172019 from $989$1,099 per ounce in 2016.2018. This increase was mainly due to an increase in all-in sustaining costs and an increase in non-sustaining project capital expenditure due to combination plant, infill drilling and overland land conveyor belt replacement at Siguiri. The increase in all-in costs wasObuasi partially offset by a 149,000-ouncethe 30,000-ounce increase in gold sold (excluding pre-production ounces).

In Continental Africa - Joint Ventures, all-in costs (excluding stockpile impairments)decreased by $61 per ounce, or seven percent, to $785 per ounce in 2019 from $846 per ounce in 2018. This decrease was mainly due to a decrease in all-in sustaining costs, a 17,000-ounce increase in gold sold and a decrease in major project spending at Kibali.

In the Americas, all-in costs increased by $45$251 per ounce, or 27 percent, to $1,183 per ounce in 2019 from $932 per ounce in 2018. This increase was mainly due to an increase in all-in sustaining costs, an increase in non-sustaining exploration and study costs and the 83,000-ounce decrease in gold sold (excluding pre-production ounces).

In Australia, all-in costs increased by $2 per ounce to $1,072 per ounce in 2019 from $1,070 per ounce in 2018 mainly due to an increase in major project spending at Tropicana, an increase in non-sustaining exploration and study costs at Sunrise Dam and Tropicana and a 1,000-ounce decrease in gold sold. The increase was partially offset by a decrease in all-in sustaining costs.

Total cash costs per ounce

The currencies of Argentina, Australia and Brazil were, on average, weaker against the US dollar during 2019 as compared to 2018 which positively impacted total cash costs per ounce for 2019.

In Continental Africa - Subsidiaries, total cash costs per ounce decreased by $12, or one percent, to $801 per ounce in 2019 from $813 per ounce in 2018. The decrease was mainly due to a 31,000-ounce increase in production (excluding pre-production ounces). The decrease was partially offset by an increase in total cash costs.

In Tanzania, at Geita, total cash costs per ounce decreased by $109, or 14 percent, to $695 per ounce in 2019 from $804 per ounce in 2018. The decrease was mainly due to the decrease in total cash costs and a 40,000-ounce increase in production (excluding pre-production ounces).

In Ghana, at Iduapriem, total cash costs per ounce increased by $11, or one percent, to $815 per ounce in 2019 compared to $804 per ounce in 2018 mainly due to an increase in total cash costs. The increase was partially offset by a 21,000-ounce increase in production.

In Guinea, at Siguiri, total cash costs per ounce increased by $247, or 29 percent, to $1,091 per ounce in 2019 from $844 per ounce in 2018 mainly due to a 29,000-ounce decrease in production and an increase in total cash costs.

In Continental Africa - Joint Ventures, total cash costs per ounce decreased by $23, or three percent, to $657 per ounce in 2019 from $680 per ounce in 2018. The decrease was mainly due to a decrease in total cash costs. The decrease was partially offset by a 7,000-ounce decrease in production.

In Mali, at Morila, total cash costs per ounce increased by $60, or five percent, to $1,205 per ounce in 2019 from $1,145 per ounce in 2018. The increase was mainly due to a 3,000-ounce decrease in production. The increase was partially offset by a decrease in total cash costs. At Sadiola, total cash costs per ounce increased by $28, or three percent, from $938 per ounce in 2018 to $966 per ounce in 2019. The increase was mainly due to an 8,000-ounce decrease in production partially offset by a decrease in total cash costs.

In the DRC, at Kibali, total cash costs per ounce decreased by $28, or five percent, to $572 per ounce in 2019 from $600 per ounce in 2018. The decrease was mainly due to a 3,000-ounce increase in production and a decrease in total cash costs.

In the Americas, total cash costs per ounce increased by $112, or 18 percent, to $736 per ounce in 2019 from $624 per ounce in 2018. The increase was mainly due to a 66,000-ounce decrease in production and a decrease in by-product revenue. The increase was partially offset by a decrease in total cash costs.

In Brazil, at AngloGold Ashanti Córrego do Sítio Mineração, total cash costs per ounce increased by $59, or eight percent, to $782 per ounce in 2019 from $723 per ounce in 2018 primarily due to an increase in total cash costs and a 2,000-ounce decrease in production (excluding pre-production ounces). At Serra Grande, total cash costs per ounce increased by $47, or seven percent, to $707 per ounce in 2019 from $660 per ounce in 2018 primarily due to an increase in total cash costs and 7,000-ounce decrease in production (excluding pre-production ounces).

In Argentina, at Cerro Vanguardia, total cash costs per ounce increased by $197, or 41 percent, to $673 per ounce in 2019 from $476 per ounce in 2018 primarily due to a 57,000-ounce decrease in production and a decrease in by-product revenue. The increase was partially offset by a decrease in total cash costs.

In Australia, total cash costs per ounce decreased by $32, or four percent, to $730 per ounce in 2019 from $762 per ounce in 2018 primarily due to a 11,000-ounce decrease in production and an increase in total cash costs.

At Sunrise Dam, total cash costs per ounce increased by $94, or ten percent, to $1,014 per ounce in 2019 compared to $920 per ounce in 2018 mainly due to a 35,000 ounce decrease in production and an increase in total cash costs.

At Tropicana, total cash costs per ounce decreased by $90, or 15 percent, to $504 per ounce in 2019 compared to $594 per ounce in 2018 mainly due to a 24,000-ounce increase in production. The decrease was partially offset by an increase in total cash costs.

Overall the subsidiaries’ total cash costs per ounce increased by $20, or three percent, to $763 per ounce in 2019 compared to $743 per ounce in 2018. The increase was mainly due to an increase in total cash costs and a 45,000-ounce decrease in production.

Comparison of operating performance on a segment basis in 2018 with 2017

Cost of sales

In Continental Africa - Subsidiaries, cost of sales increased by $56 million, or five percent, to $1,127 million in 2018 from $1,071 million in 2017. The increase was mainly due to inflation increases on cash operating costs and higher royalty expense, partially offset by a decrease in amortisation costs. In Tanzania, at Geita, cost of sales increased by $92 million, or 18 percent, to $612 million in 2018 from $520 million in 2017. In Ghana, at Iduapriem, cost of sales increased by $23 million, or 11 percent, to $233 million in 2018 from $210 million in 2017. In Guinea, at Siguiri, cost of sales decreased by $58 million, or 17 percent, to $286 million in 2018 from $344 million in 2017.

In Continental Africa - Joint Ventures, cost of sales increased by $39 million, or nine percent, to $480 million in 2018 from $441 million in 2017. The increase was mainly due to higher levels of production and inflation increases on cash operating costs and higher royalty expense. In Mali, at Morila, cost of sales increased by $8 million, or 24 percent, to $42 million in 2018 from $34 million in 2017. At Sadiola, cost of sales decreased by $2 million, or three percent, to $65 million in 2018 from $67 million in 2017. In the DRC, at Kibali, cost of sales increased by $33 million, or ten percent, to $373 million in 2018 from $340 million in 2017.

In the Americas, cost of sales decreased by $149 million, or 15 percent, to $838 million in 2018 from $987 million in 2017. The decrease was mainly due to the weakening of the local currencies, the Argentinian peso by 70 percent and the Brazilian real by 15 percent, against the US dollar. In Brazil, at AngloGold Ashanti Córrego do Sítio Mineração, cost of sales decreased by $65 million, or 15 percent, to $382 million in 2018 from $447 million in 2017. At Serra Grande, cost of sales decreased by $24 million, or 16 percent, to $129 million in 2018 from $153 million in 2017. In Argentina, at Cerro Vanguardia, cost of sales decreased by $60 million, or 16 percent, to $325 million in 2018 from $385 million in 2017.

In Australia, cost of sales increased by $71 million, or 13 percent, to $622 million in 2018 from $551 million in 2017. The increase was mainly due to an increase in contractor costs, service related costs and amortisation of tangible assets. The increase was partially offset by the weakening of the Australian dollar against the US dollar. At Sunrise Dam, cost of sales increased by $50 million, or 19 percent, to $310 million in 2018 from $260 million in 2017. At Tropicana, cost of sales increased by $17 million, or six percent, to $293 million in 2018 from $276 million in 2017.

Overall the subsidiaries’ cost of sales decreased by $23 million, or one percent, to $2,584 million in 2018 from $2,607 million in 2017. The decrease was mainly due to lower amortisation expense partially offset by inflation increases on cash operating costs and higher royalty expense.

All-in sustaining costs per ounce

In Continental Africa - Subsidiaries, all-in sustaining costs increased by $32 per ounce, or four percent, to $1,186$941 per ounce in 20172018 from $1,141$909 per ounce in 2016.2017. This increase was mainly due to a $60 millionan increase in all-in sustaining costs. Thiscost of sales, a decrease in amortisation of tangible and intangible assets at Geita and Siguiri and a 24,000-ounce decrease in gold sold (excluding pre-production ounces). The increase was partially offset by the decreased spending in sustaining capital expenditure at Geita.

In Continental Africa - Joint Ventures, all-in sustaining costs decreased by $267 per ounce, or 25 percent, to $820 per ounce in 2018 from $1,087 per ounce in 2017. This decrease was mainly due to a 15,000-ounce97,000-ounce increase in gold sold and a decrease in sustaining capital expenditure at Kibali. This decrease was partially offset by an increase in cost of sales.

In the Americas, all-in sustaining costs decreased by $88 per ounce, or nine percent, to $855 per ounce in 2018 from $943 per ounce in 2017. This decrease was mainly due to a decrease in costs of sales partially offset by a decrease of 71,000 ounces in gold sold in 2018 (excluding pre-production ounces).

In Australia, all-in sustaining costs decreased by $24 per ounce, or two percent, to $1,038 per ounce in 2018 from $1,062 per ounce in 2017. This decrease was mainly due to an increase of 53,000 ounces in gold sold in 2018 and an increase in amortisation of tangible and intangible assets partially offset by an increase in cost of sales.

All-in costs per ounce

In Continental Africa - Subsidiaries, all-in costs increased by $80 per ounce, or eight percent, to $1,099 per ounce in 2018 from $1,019 per ounce in 2017. This increase was mainly due to an increase in all-in sustaining costs and an increase in non-sustaining project capital expenditure at Siguiri and Obuasi partially offset by a 24,000-ounce increase in gold sold (excluding pre-production ounces).

In Continental Africa - Joint Ventures, all-in costs decreased by $340 per ounce, or 29 percent, to $846 per ounce in 2018 from $1,186 per ounce in 2017. This decrease was mainly due to a decrease in all-in sustaining costs, a 97,000-ounce increase in gold sold and a decrease in major project spending at Kibali as projects were completed and commissioned.

In the Americas, all-in costs (excluding stockpile impairments) increaseddecreased by $59$86 per ounce, or sixeight percent, to $932 per ounce in 2018 from $1,018 per ounce in 2017 from $959 per ounce in 2016.2017. This increasedecrease was mainly due to an increasea decrease in all-in sustaining costs partially offset by a 47,000-ounce increase71,000-ounce decrease in gold sold (excluding pre-production ounces).

In Australia, all-in costs decreased by $1$10 per ounce, or one percent, to $1,070 per ounce in 2018 from $1,080 per ounce in 2017 from $1,081 per ounce in 2016, mainly due to an increase of 43,00053,000 ounces in gold sold partially offset by an increase in all-in sustaining costs.

Comparison of totalTotal cash costs in 2017 with 2016per ounce

The currencies of South Africa,Argentina, Australia and Brazil were, on average, stronger against the US dollar during 2017 as compared to 2016 which negatively impacted total cash costs for 2017. The currency of Argentina was, on average, weaker against the US dollar during 20172018 as compared to 20162017 which positively impacted total cash costs for 2017.

In South Africa, total cash costs increased by $189 per ounce or 21 percent, to $1,085 per ounce in 2017 from $896 per ounce in 2016. The increase was mainly due to a 65,000-ounce decrease in production (excluding pre-production ounces), an increase in salaries and wages costs, consumables store costs, fuel costs, service related costs, the strengthening of the rand and expensed capital expenditure on certain operations as they underwent orderly closure.

At Kopanang, total cash costs increased by $210 per ounce, or 16 percent, to $1,534 per ounce in 2017 from $1,324 per ounce in 2016. The increase was mainly due to the increase in salaries and wages costs, consumables store costs, fuel costs and service related costs, the strengthening of the rand, lower uranium sales and expensed capital. Subsequent to the announcement made 28 June 2017 to restructure its South African operations by placing certain mines into care and maintenance, to be followed by orderly closure, on 19 October 2017, the company announced the sale of Kopanang Mine and related infrastructure, subject to conditions precedent. The Section 189 process continued at Kopanang together with the pending disposal of the mine.

At TauTona total cash costs increased by $896 per ounce, or 78 percent, to $2,044 per ounce in 2017 from $1,148 per ounce in 2016. The increase was mainly due to 55,000-ounce decrease in production and the strengthening of the rand. A decision was made to stop operations at TauTona and final blast took place on 15 September 2017.

At Moab Khotsong, total cash costs increased by $50 per ounce, or seven percent, to $779 per ounce in 2017 from $729 per ounce in 2016. The increase was mainly due to the increase in salaries and wages costs and fuel costs and the strengthening of the rand. The increase was partially offset by a 14,000-ounce increase in production.

At Mponeng, total cash costs increased by $235 per ounce, or 30 percent, to $1,014 per ounce in 2017 from $779 per ounce in 2016. The increase was mainly due to a 30,000-ounce decrease in production, the increase in salaries and wages costs, consumables store costs, fuel costs and service related costs and the strengthening of the rand.

At the Surface Operations, total cash costs increased by $70 per ounce, or eight percent, to $969 per ounce in 2017 from $899 per ounce in 2016. The increase was mainly due to the increase in salaries and wages costs, consumables store costs, fuel costs and service related costs and the strengthening of the rand. The increase was partially offset by a 6,000-ounce increase in production.for 2018.

In Continental Africa - Subsidiaries, total cash costs per ounce increased by $6$125, or 18 percent, to $813 per ounce toin 2018 from $688 per ounce in 2017 from $682 per ounce in 2016.2017. The increase was mainly due to thean increase in salariescost of sales and wages costs, consumables store costs, fuel costs and contractor costs. The increase was partially offset by a 139,000-ounce increase34,000-ounce decrease in production (excluding pre-production ounces).

TotalIn Tanzania, at Geita, total cash costs at Geita, in Tanzania,per ounce increased by $78$196, or 32 percent, to $804 per ounce or 15 percent, toin 2018 from $608 per ounce in 2017 from $530 per ounce in 2016.2017. The increase was mainly due thean increase in consumables store costs, fuel costs and contractor costscost of sales partially offset by a 61,000-ounce25,000-ounce increase in production (excluding pre-production ounces).

In Ghana, at Iduapriem, total cash costs per ounce decreased by $85$19, or two percent, to $804 per ounce or nine percent,in 2018 compared to $823 per ounce in 2017 compared to $908 per ounce in 2016 mainly due to a 14,000-ounce26,000-ounce increase in production.

At Siguiri, in Guinea, total cash costs decreased by eight percent to $725 per ounce in 2017 from $784 per ounce in 2016 mainly due to a 63,000-ounce increase in production The decrease was partially offset by an increase in salaries and wagescost of sales.

In Guinea, at Siguiri, total cash costs consumables store costs, fuel costs and service related cost.per ounce increased by $119, or 16 percent, to $844 per ounce in 2018 from $725 per ounce in 2017 mainly due to a 81,000-ounce decrease in production partially offset by a decrease in cost of sales.

In Continental Africa - Joint Ventures, total cash costs increased by $7 per ounce decreased by $139, or one17 percent, to $680 per ounce in 2018 from $819 per ounce in 2017 from $812 per ounce in 2016.2017. The increasedecrease was mainly due to thea 92,000-ounce increase in salaries and wages costs, consumables store costs, fuel costs and contractor costsproduction partially offset by a 4,000-ouncean increase in production.cost of sales.

In Mali, at Morila, total cash costs decreased by $149 per ounce increased by $171, or 1318 percent, to $1,145 per ounce in 2018 from $974 per ounce in 2017 from $1,123 per ounce in 2016.2017. The decreaseincrease was mainly due to the 6,000-ouncean increase in cost of sales partially offset by a 2,000-ounce increase in production. At Sadiola, total cash costs decreased by $91 per ounce increased by $38, or ninefour percent, from $991 per ounce in 2016 to $900 per ounce in 2017.2017 to $938 per ounce in 2018. The decrease in cash costs per ounces, despite the 7,000-ounceincrease was mainly due to a 4,000-ounce decrease in production was due to the additionalpartially offset by a decrease in cost of full grade ore stockpiles compared to stockpile utilisation in 2016.

sales.

In the DRC, at Kibali, total cash costs increased by $44 per ounce decreased by $184, or six23 percent, to $600 per ounce in 2018 from $784 per ounce in 2017 from $740 per ounce in 20162017. The decrease was mainly due to thea 95,000-ounce increase in salaries and wages and contractor costproduction partially offset by a 4,000-ouncean increase in production.cost of sales.


In the Americas, total cash costs increased by $60 per ounce decreased by $14, or two percent, to $624 per ounce in 2018 from $638 per ounce in 2017 from $578 per ounce in 2016.2017. The increasedecrease was mainly due to an increasea decrease in salaries and wages costs, consumables store costs and contractor costscost of sales. The decrease was partially offset by a 19,000-ounce increase64,000-ounce decrease in production (excluding pre-production ounces) and an increasea decrease in silver revenue due to an increase in silver sold from 5.1 million ounces in 2016 to 6.3 million ounces in 2017.amortisation of tangible assets.

In Brazil, at AngloGold Ashanti Córrego do Sítíotio Mineração, total cash costs per ounce increased by $109$52, or eight percent, to $723 per ounce or 19 percent, toin 2018 from $671 per ounce in 2017 from $562 per ounce in 2016 primarily due to increasesa decrease in salaries and wages costs, consumables store costs and contractor costsamortisation of tangible assets. The increase was partially offset by a 16,000-ouncedecrease in cost of sales and a 60,000-ounce increase in production (excluding pre-production ounces). At Serra Grande, total cash costs increased by $130 per ounce decreased by $104, or 2114 percent, to $660 per ounce in 2018 from $764 per ounce in 2017 from $634 per ounce in 2016 primarily due to increasesa decrease in salaries and wages, consumable stores and service related costs.cost of sales. The decrease was partially offset by a 3,000-ounce decrease in production (excluding pre-production ounces).

In Argentina, at Cerro Vanguardia, total cash costs per ounce decreased by $41$46, or nine percent, to $476 per ounce or seven percent, toin 2018 from $522 per ounce in 2017 from $563 per ounce in 2016 primarily due to a 2,000-ounce increasedecrease in cost of sales. The decrease was partially offset by a 1,000-ounce decrease in production and an increasea decrease in silver revenue due to an increase in silver sold from 5.1 million ounces in 2016 to 6.3 million ounces in 2017.amortisation of tangible assets.

In Australia, total cash costs decreased by $50 per ounce increased by $19, or sixthree percent, to $762 per ounce in 2018 from $743 per ounce in 2017 from $793 per ounce in 2016 primarily due to an increase in cost of sales. The increase was partially offset by a 39,000-ounce66,000-ounce increase in production.

At Sunrise Dam, total cash costs decreased by $7 per ounce increased by $1, or one0.1 percent, to $920 per ounce in 2018 compared to $919 per ounce in 2017 compared to $926 per ounce in 2016, mainly due to an increase in cost of sales. The increase was partially offset by a 10,000-ounce51,000-ounce increase in production.

At Tropicana, total cash costs decreased by $66 per ounce increased by $30, or tenfive percent, to $594 per ounce in 2018 compared to $564 per ounce in 2017 compared to $630 per ounce in 2016, mainly due to a 30,000-ounce increase in production.

Overall the subsidiaries total cash costs increased by $52 per ounce, or seven percent, to $789 per ounce in 2017 compared to $737 per ounce in 2016. The increase was mainly due to increases in salaries and wages costs, consumables store costs, fuel costs and contractor costs partially offset by a 134,000-ounce increase in production and an increase in silver revenue.

Comparison of all-in sustaining costs in 2016 with 2015

All-in sustaining costs per ounce (excluding stockpile impairments) in South Africa decreased in 2016 by $7 per ounce, or one percent, to $1,081 per ounce from $1,088 per ounce in 2015. The decrease was a result of the weakening of the rand. The decrease was partially offset by a 40,000-ounce decrease in gold sold.

In Continental Africa - Subsidiaries, all-in sustaining costs (excluding stockpile impairments) increased by $27 per ounce, or three percent, to $886 per ounce in 2016 from $859 per ounce in 2015. This increase was mainly due to an increase in cost of sales and a 92,000-ounce decrease in gold sold (excluding pre-production ounces).

In Continental Africa - Joint Ventures, all-in sustaining costs (excluding stockpile impairments) increased by $251 per ounce, or 36 percent, to $955 per ounce in 2016 from $704 per ounce in 2015. This increase was mainly due to a 61,000-ounce decrease in gold sold, an increase in cost of sales and an increase in sustaining capital expenditure due to increased spending on Kibali.

In the Americas, all-in sustaining costs (excluding stockpile impairments) increased by $83 per ounce, or 10 percent, to $875 per ounce in 2016 from $792 per ounce in 2015. This increase was mainly due to an increase in cost of sales, sustaining capital expenditure and a decrease of 22,000-ounces in gold sold in 2016 (excluding pre-production ounces).

In Australia, all-in sustaining costs increased by $192 per ounce, or 22 percent, to $1,067 per ounce in 2016 from $875 per ounce in 2015. This increase was mainly due to an increase in costs of sales, sustaining capital expenditure and a decrease of 56,000 ounces in gold sold in 2016.

Comparison of all-in costs in 2016 with 2015

All-in costs per ounce (excluding stockpile impairments) in South Africa decreased by $9 per ounce, or one percent, to $1,122 per ounce in 2016 from $1,131 per ounce in 2015. The decrease was a result of the weakening of the rand. The decrease was partially offset by a 40,000-ounce decrease in gold sold.

In Continental Africa - Subsidiaries, all-in costs (excluding stockpile impairments) increased by $45 per ounce, or five percent, to $989 per ounce in 2016 from $944 per ounce in 2015. This increase was mainly due to an increase in care and maintenance costs at Obuasi and a 92,000-ounce decrease in gold sold (excluding pre-production ounces).sales. The increase was partially offset by a decrease14,000-ounce increase in all-in sustaining costs.production.


In Continental Africa - Joint Ventures, all-inOverall the subsidiaries’ total cash costs (excluding stockpile impairments)per ounce increased by $152 per ounce,$60, or 15nine percent, to $1,141$743 per ounce in 2016 from $9892018 compared to $683 per ounce in 2015. This increase was mainly due to an increase in all-in sustaining costs and a 61,000-ounce decrease in gold sold. This increase was partially offset by a decrease in non-sustaining project capital expenditure, due to a decrease in major project spending at Kibali as projects were completed and commissioned.

In the Americas, all-in costs (excluding stockpile impairments) increased by $74 per ounce, or eight percent, to $959 per ounce in 2016 from $885 per ounce in 2015. This increase was mainly due to an increase in all-in sustaining costs and a 22,000-ounce decrease in gold sold (excluding pre-production ounces).

In Australia, all-in costs decreased by $195 per ounce, or 22 percent, to $1,081 per ounce in 2016 from $886 per ounce in 2015, mainly due to an increase in all-in sustaining costs and a 56,000-ounce decrease in gold sold in 2016.

Comparison of total cash costs in 2016 with 2015

The currencies of South Africa, Australia, Argentina and Brazil were, on average, weaker against the US dollar during 2016 as compared to 2015 which positively impacted total cash costs for 2016.

In South Africa, total cash costs increased by $15 per ounce, or two percent, to $896 per ounce in 2016 from $881 per ounce in 2015.2017. The increase was mainly due to a 35,000-ounce32,000-ounce decrease in production (excluding pre-production ounces) partially offset by the weakening of the rand.

At Kopanang, total cash costs increased by $310 per ounce, or 31 percent, to $1,324 per ounce in 2016 from $1,014 per ounce in 2015. The increase was mainly due to 26,000-ounceand a decrease in production partially offset by the weakening of the rand.

At TauTona total cash costs increased by $265 per ounce, or 30 percent, to $1,148 per ounce in 2016 from $883 per ounce in 2015. The increase was mainly due to 63,000-ounce decrease in production partially offset by the weakening of the rand.

At Moab Khotsong, total cash costs decreased by $69 per ounce, or nine percent, to $729 per ounce in 2016 from $798 per ounce in 2015. The decrease was mainly due to a 26,000-ounce increase in production.

At Mponeng, total cash costs decreased by $95 per ounce, or 11 percent, to $779 per ounce in 2016 from $874 per ounce in 2015. The decrease was mainly due to a 35,000-ounce increase in production and the weakening of the rand.

At the Surface Operations, total cash costs decreased by $13 per ounce, or one percent, to $899 per ounce in 2016 from $912 per ounce in 2015. The decrease was mainly due to the weakening of the rand, partially offset by a 7,000-ounce decrease in production.

In Continental Africa - Subsidiaries, total cash costs decreased by $5 per ounce, or one percent, to $682 per ounce in 2016 from $687 per ounce in 2015. The decrease was mainly due to the 73,000-ounce decrease in production of gold (excluding pre-production ounces)amortisation partially offset by a decrease in salaries and wages costs, fuel and power costs and service related costs.cost of sales.

In Ghana, at Obuasi, total cash costs decreased by 83 percent in 2016 to $167 per ounce compared to $966 per ounce in 2015 mainly due to the transition to care and maintenance. At Iduapriem, in Ghana, total cash costs decreased by $87 per ounce, or nine percent, to $908 per ounce in 2016 compared to $995 per ounce in 2015 mainly due to a 21,000-ounce increase in production. At Siguiri, in Guinea, total cash costs decreased by five percent to $784 per ounce in 2016 from $827 per ounce in 2015 mainly due to a 5,000-ounce increase in production a decrease in salaries and wages costs, fuel costs and service related costs.

Total cash costs at Geita, in Tanzania, increased by $50 per ounce, or 10 percent, to $530 per ounce in 2016 from $480 per ounce in 2015. The increase was mainly due the 49,000-ounce decrease in production (excluding pre-production ounces).

In Continental Africa - Joint Ventures, total cash costs increased by $157 per ounce, or 24 percent, to $812 per ounce in 2016 from $655 per ounce in 2015. The increase was mainly due to the 51,000-ounce decrease in production and increases in consumables store costs, contractor costs and service related costs.

In Mali, at Morila, total cash costs increased by $425 per ounce, or 61 percent, to $1,123 per ounce in 2016 from $698 per ounce in 2015. The increase was mainly due to the 27,000-ounce decrease in production partially offset by a decrease in stores and consumables costs, fuel costs, contractor costs and service related costs. At Sadiola, total cash costs increased by $173 per ounce, or 21 percent, from $818 per ounce in 2015 to $991 per ounce in 2016. This increase was primarily due to an increase in service related costs partially offset by a 1,000-ounce increase in production.

In the DRC, at Kibali, total cash costs increased by $131 per ounce, or 22 percent, to $740 per ounce in 2016 from $609 per ounce in 2015 mainly due to the decrease of 25,000 ounces in production and an increase in contractor and consumable store costs.




In the Americas, total cash costs increased by $2 per ounce to $578 per ounce in 2016 from $576 per ounce in 2015. The increase was mainly due to a 11,000 ounce decrease (excluding pre-production ounces) in production partially offset by an increase in silver revenue due to a higher average silver price in 2016 compared to 2015 and an increase in silver sold from 4.1 million ounces in 2015 to 5.1 million ounces in 2016.

In Brazil, at AngloGold Ashanti Córrego do Sítío Mineração, total cash costs increased by $44 per ounce, or eight percent, to $562 per ounce in 2016 from $518 per ounce in 2015 primarily due to a 14,000-ounce decrease in production and increases in salaries and wages costs, consumables store costs and fuel costs.

In Argentina at Cerro Vanguardia, total cash costs decreased to $563 per ounce in 2016 from $625 per ounce in 2015 primarily due to a 3,000 ounce increase in production and an increase in silver revenue due to a higher average silver price in 2016 compared to 2015 and an increase in silver sold from 4.1 million ounces in 2015 to 5.1 million ounces in 2016 and reimbursement by the Government in respect of exports channelled through Patagonian ports.

In Australia, total cash costs increased by $91 per ounce, or 13 percent, to $793 per ounce in 2016 from $702 per ounce in 2015 primarily due to a 40,000-ounce decrease in production and an increase in silver related costs.

At Sunrise Dam, total cash costs decreased by $44 per ounce, or five percent, to $926 per ounce in 2016 compared to $970 per ounce in 2015, mainly due to a 12,000-ounce increase in production.

At Tropicana, total cash costs increased by $138 per ounce, or 28 percent, to $630 per ounce in 2016 compared to $492 per ounce in 2015, mainly due to a 52,000-ounce decrease in production and increases and consumables store costs, fuel costs and service related costs.

Overall the subsidiaries total cash costs increased by $18 per ounce, or three percent, to $737 per ounce in 2016 compared to $719 per ounce in 2015. The increase was mainly due to a 161,000-ounce decrease in production.

For the year ended 31 December 20172019
Operations in South AfricaCorporate and other
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
 
Corporate (4)

All-in sustaining costs                   
Cost of sales per segmental information(5)
147
 275
 421
 283
 207
 490
 203
 
 1,114
 (3)
Amortisation of tangible and intangible assets(9) (41) (50) (53) (14) (67) (14) (2) (133) (2)
Adjusted for decommissioning amortisation
 
 
 
 
 
 (2) 2
 
 (2)
Corporate administration and marketing related to current operations
 
 
 
 
 
 
 
 
 62
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 
 2
 2
 
Sustaining exploration and study costs
 
 
 
 
 
 
 
 
 1
Total sustaining capital expenditure8
 42
 50
 52
 12
 64
 13
 3
 130
 6
All-in sustaining costs146


276

421

282

205

487

200

5

1,113

62
Adjusted for non-controlling interests and non-gold producing companies(1)

 
 
 
 
 
 
 
 
 4
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies146


276

421

282

205

487

200

5

1,113

66
Adjusted for stockpile
write-offs

 
 
 
 
 
 
 (2) (2) (1)
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs146
 276
 421
 282
 205
 487
 200
 3
 1,111
 65
All-in sustaining costs146
 276
 421
 282
 205
 487
 200
 5
 1,113
 62
Non-sustaining Project capex
 
 
 20
 
 20
 
 
 20
 
Technology improvements
 
 
 
 
 
 
 9
 9
 1
Non-sustaining exploration and study costs
 
 
 
 
 
 
 
 
 1
Corporate and social responsibility costs not related to current operations
 
 
 
 
 
 
 
 
 9
All-in costs146


276

421

302

205

507

200

14

1,142

73
Adjusted for non-controlling interests and non-gold producing companies(1)



 
 
 
 
 
 
 
 5
All-in costs adjusted for non-controlling interests and non-gold producing companies146
 276
 421
 302
 205
 507
 200
 14
 1,142
 78
Adjusted for stockpile
write-offs

 
 
 
 
 
 
 (2) (2) (1)
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs146


276

421

302

205

507

200

12

1,140

77
Gold sold - oz (000)(2)
91
 294
 385
 224
 91
 316
 192
 
 892
 
All-in sustaining cost (excluding stockpile write-offs) per unit - $/oz(3)
1,593
 938
 1,094
 1,259
 2,242
 1,544
 1,045
 
 1,245
 
All-in cost per unit (excluding stockpile write-offs) - $/oz(3)
1,593
 939
 1,094
 1,349
 2,242
 1,607
 1,045
 
 1,278
 
Corporate (4)

All-in sustaining costs
Cost of sales per segmental information(5)
(1)
By-product revenue
Amortisation of tangible and intangible assets(3)
Adjusted for decommissioning and inventory amortisation(1)
Lease payment sustaining5
Corporate administration and marketing related to current operations82
Inventory writedown to net realisable value and other stockpile adjustments
Sustaining exploration and study costs1
Total sustaining capital expenditure
Amortisation relating to inventory
Realised other commodity contracts
All-in sustaining costs83
Adjusted for non-controlling interests and non-gold producing companies(1)

All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies82
All-in sustaining costs83
Non-sustaining project capital expenditure
Lease payment non sustaining
Technology improvements
Non-sustaining exploration and study costs(1)
Care and maintenance
Corporate and social responsibility costs not related to current operations7
Other provisions2
All-in costs91
Adjusted for non-controlling interests and non-gold producing companies(1)

All-in costs adjusted for non-controlling interests and non-gold producing companies90
Gold sold - oz (000)(2)

All-in sustaining cost per unit - $/oz(3)

All-in cost per unit - $/oz(3)

(1) 
Adjusting for non-controlling interest of items included in calculation, to disclose the attributable portions only. Other consists of heap leach inventory.
(2) 
Attributable portion (excluding pre-production ounces).
(3) 
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(4) 
Corporate includes non-gold producing subsidiaries.
(5) 
Refer Itemto “Item 18: Financial Statements - Note 2 - Segmental Information.Information”.

Rounding of figures may result in computational differences.

For the year ended 31 December 20172019
Operations in South AfricaCorporate and other
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
 
Corporate(4)

Total cash costs                   
Cost of sales per segmental information(5)
147
 275
 421
 283
 207
 490
 203
 
 1,114
 (3)
Inventory change
 
 1
 
 
 
 (2) (1) (2) 
Amortisation of intangible assets
 (1) (1) (1) 
 (1) 
 
 (2) 1
Amortisation of tangible assets(9) (40) (49) (52) (14) (67) (14) 
 (130) (3)
Rehabilitation and other non-cash costs3
 (5) (3) (3) (6) (9) (1) 1
 (12) 
Retrenchment costs
 
 
 
 
 
 
 
 
 (1)
Total cash costs140
 229
 369
 227
 186
 413
 186
 
 968
 (6)
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 
 
 
 
 
 
 
 4
Total cash costs adjusted for non-controlling interests and non-gold producing companies140
 229
 369
 227
 186
 413
 186
 
 968
 (2)
Gold produced – oz (000)(2)
91
 294
 386
 224
 91
 315
 192
 
 892
 
Total cash costs per unit –
$/oz(3)
1,534
 779
 958
 1,014
 2,044
 1,311
 969
 
 1,085
 
Corporate(4)

Total cash costs
Cost of sales per segmental information(5)(1)
By-product revenue
Inventory change4
Amortisation of intangible assets
Amortisation of tangible and intangible assets(3)
Rehabilitation and other non-cash costs
Retrenchment costs
Total cash costs net of by-product revenue1
Adjusted for non-controlling interests, non-gold producing companies and other(1)

Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies1
Gold produced – oz (000)(2)

Total cash costs per unit – $/oz(3)






































156

Table of Contents

For the year ended 31 December 20172019
Operations in DRC,Continental Africa (DRC, Ghana, Guinea, Mali and TanzaniaTanzania)
(in $ millions, except as otherwise noted)
DRC MALI Joint GHANA GUINEA TANZANIA Continental Africa other
 SUBSIDIARIES
DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
Kibali
 Morila
 Sadiola
 Ventures
 Iduapriem
 Obuasi
 Siguiri
 Geita
 Kibali
 Morila
 Sadiola
 Ventures
 Iduapriem
 Obuasi
 Siguiri
 Geita
 
All-in sustaining costs                                      
Cost of sales per segmental information(5)
339
 34
 67
 440
 210
 (6) 344
 519
 3
 1,070
338
 36
 54
 428
 288
 
 315
 571
 (1) 1,173
By-product revenue(1) 
 
 (1) (1) 
 
 (1) 
 (2)
Amortisation of tangible and intangible assets(120) (6) (10) (136) (28) 
 (57) (197) (3) (285)(130) (3) (4) (137) (58) 
 (38) (133) (1) (230)
Adjusted for decommissioning amortisation
 3
 
 3
 1
 
 1
 2
 
 4
Adjusted for decommissioning and inventory amortisation1
 1
 
 2
 1
 
 
 3
 1
 4
Lease payment sustaining
 
 
 
 
 
 
 19
 
 19
Corporate administration and marketing related to current operations
 
 
 
 
 
 
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 
 
 
 
Sustaining exploration and study costs
 
 1
 1
 
 
 8
 17
 
 25

 
 
 
 3
 
 3
 6
 (1) 12
Total sustaining capital expenditure77
 2
 6
 85
 51
 
 15
 156
 1
 223
46
 
 
 46
 16
 
 15
 75
 
 107
Amortisation relating to inventory
 
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 
 
 
All-in sustaining costs296
 33
 64
 393
 234
 (6) 311
 497
 1
 1,037
254
 34
 50
 338
 249
 
 295
 540
 (1) 1,083
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 
 
 (47) 
 
 (47)
 
 
 
 
 
 (44) 
 
 (44)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies296
 33
 64
 393
 234
 (6) 264
 497
 1
 990
254
 34
 50
 338
 249
 
 251
 540
 (1) 1,039
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs296
 33
 64
 393
 234
 (6) 264
 497
 1
 990
All-in sustaining costs296
 33
 64
 393
 234
 (6) 311
 497
 1
 1,037
254
 34
 50
 338
 249
 
 295
 540
 (1) 1,083
Non-sustaining Project capex34
 
 1
 35
 
 
 67
 
 
 67
Non-sustaining project capital expenditure5
 
 
 5
 
 246
 6
 
 
 252
Lease payment non sustaining
 
 
 
 
 
 
 1
 
 1
Technology improvements
 
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs1
 
 
 1
 
 1
 
 
 
 1
5
 
 
 4
 1
 
 4
 4
 1
 10
Care and maintenance costs
 
 
 
 
 62
 
 
 
 62

 
 
 
 
 48
 
 
 (1) 47
Corporate and social responsibility costs not related to current operations1
 
 
 
 2
 
 9
 
 
 11
Other provisions
 
 
 
 
 
 
 
 
 
All-in costs331
 33
 65
 429
 234
 57
 378
 497
 1
 1,167
265
 34
 49
 347
 252
 294
 314
 545
 (1) 1,404
Adjusted for non-controlling interests and non-gold producing companies(1)

 
 
 
 
 
 (57) 
 
 (57)
 
 
 
 
 
 (47) 
 
 (47)
All-in costs adjusted for non-controlling interests and non-gold producing companies331
 33
 65
 429
 234
 57
 321
 497
 1
 1,110
265
 34
 49
 347
 252
 294
 267
 545
 (1) 1,357
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs331
 33
 65
 429
 234
 57
 321
 497
 1
 1,110
Gold sold – oz (000)(2)
272
 27
 63
 362
 227
 3
 332
 528
 
 1,090
362
 28
 52
 442
 280
 
 213
 604
 
 1,096
All-in sustaining cost (excluding stockpile write-offs) per unit – $/oz(3)
1,090
 1,218
 1,019
 1,087
 1,033
 
 796
 941
 
 909
All-in cost per unit (excluding stockpile write-offs) – $/oz(3)
1,216
 1,218
 1,044
 1,186
 1,033
 
 967
 941
 
 1,019
All-in sustaining cost per unit – $/oz(3)
704
 1,237
 956
 767
 890
 
 1,176
 894
 
 947
All-in cost per unit – $/oz(3)
734
 1,237
 930
 785
 900
 
 1,252
 903
 
 1,237

For the year ended 31 December 20172019
Operations in DRC,Continental Africa (DRC, Ghana, Guinea, Mali and TanzaniaTanzania)
(in $ millions, except as otherwise noted)
DRC MALI JOINT GHANA GUINEA TANZANIA Continental Africa other
 TOTAL CONTINENTAL AFRICA
DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
Kibali
 Morila
 Sadiola
 VENTURES Iduapriem
 Obuasi
 Siguiri
 Geita
  Kibali
 Morila
 Sadiola
 Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
  
Total cash costs                                      
Cost of sales per segmental information(5)
339
 34
 67
 440
 210
 (6) 344
 519
 3
 1,070
Cost of sales per segmental information(5)338
 36
 54
 428
 288
 
 315
 571
 (1) 1,173
By-product revenue(1) 
 
 (1) (1) 
 
 (1) 
 (2)
Inventory change(4) 
 1
 (3) 
 
 (7) 13
 
 6
4
 (1) 
 3
 (5) 
 1
 (9) 1
 (12)
Amortisation of intangible assets
 
 
 
 (1) 
 
 
 (2) (3)
 
 
 
 
 
 
 
 
 
Amortisation of tangible assets(120) (6) (10) (136) (28) 
 (57) (197) 
 (282)
Amortisation of tangible and intangible assets(130) (3) (4) (137) (58) 
 (38) (133) (1) (230)
Rehabilitation and other non-cash costs(5) (1) 
 (6) 7
 7
 (5) (7) 
 2
(1) 1
 
 (1) 
 
 (5) (8) (2) (14)
Total cash costs210
 27
 58
 295
 188
 1
 275
 328
 1
 793
Retrenchment costs
 
 
 
 
 
 
 
 
 
Total cash costs net of by-product revenue210
 33
 50
 292
 224
 
 273
 420
 (2) 915
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 
 
 
 
 (41) 
 
 (41)
 
 
 
 
 
 (41) 
 
 (41)
Total cash costs adjusted for non-controlling interests and non-gold producing companies210
 27
 58
 295
 188
 1
 234
 328
 1
 752
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies210
 33
 50
 292
 224
 
 232
 420
 (2) 874
Gold produced - oz (000) (2)
268
 28
 63
 360
 228
 3
 323
 539
 
 1,094
366
 27
 51
 445
 275
 

213

604


 1,091
Total cash costs per unit - $/oz(3)
784
 974
 900
 819
 823
 
 725
 608
 
 688
572
 1,205
 966
 657
 815
 
 1,091
 695
 
 801

For the year ended 31 December 20172019
Operations in Australia Argentina and Brazilthe Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
Australia 
Total
Australia

 ARGENTINA Brazil Americas other
 TOTAL AMERICAS
Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 
All-in sustaining costs                                  
Cost of sales per segmental information(5)
260
 274
 16
 550
 268
 429
 153
 1
 851
318
 297
 17
 632
 274
 417
 130
 1
 822
By-product revenue
 (2) 
 (3) (61) (20) 
 (1) (81)
Amortisation of tangible and intangible assets(34) (89) (7) (130) (83) (140) (50) 
 (273)(56) (111) (7) (173) (40) (103) (34) 
 (177)
Adjusted for decommissioning amortisation
 1
 
 1
 1
 (1) 
 
 
Adjusted for decommissioning and inventory amortisation2
 
 
 2
 (3) (3) 
 2
 (5)
Lease payment sustaining8
 4
 8
 20
 
 7
 
 
 7
Corporate administration and marketing related to current operations
 
 
 
 
 1
 
 
 1

 
 
 
 
 
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments
 
 1
 1
 
 
 
 
 

 
 
 
 
 
 
 
 
Sustaining exploration and study costs2
 7
 5
 14
 3
 8
 6
 7
 24
4
 
 
 4
 1
 8
 5
 
 14
Total sustaining capital expenditure62
 91
 
 153
 56
 134
 38
 4
 232
43
 83
 
 126
 33
 91
 34
 
 157
Amortisation relating to inventory
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 
 
All-in sustaining costs290
 284
 15
 589
 245
 431
 147
 12
 835
319
 271
 18
 609
 204
 397
 136
 2
 737
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 8
 8
 (18) 
 
 (11) (29)
 
 
 
 (15) 
 
 
 (15)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies290
 284
 23
 597
 227
 431
 147
 1
 806
319
 271
 18
 609
 189
 397
 136
 2
 722
Adjusted for stockpile write-offs
 
 
 
 
 
 
 
 
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs290
 284
 23
 597
 227
 431
 147
 1
 806
All-in sustaining costs290
 284
 15
 589
 245
 431
 147
 12
 835
319
 271
 18
 609
 204
 397
 136
 2
 737
Non-sustaining Project capex
 
 
 
 
 2
 
 
 2
Non-sustaining project capital expenditure
 23
 
 23
 
 
 
 38
 38
Lease payment non sustaining
 
 
 
 
 
 
 
 
Technology improvements
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs
 
 10
 10
 2
 7
 
 28
 37
5
 4
 18
 27
 1
 3
 1
 44
 49
Care and maintenance
 
 
 
 
 
 
 
 
Corporate and social responsibility costs not related to current operations
 
 
 
 
 12
 2
 1
 15

 
 
 
 
 17
 3
 
 20
Other provisions
 
 
 
 
 
 
 
 
All-in costs290
 284
 25
 599
 247
 452
 149
 41
 889
324
 298
 36
 659
 205
 418
 140
 83
 844
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 8
 8
 (19) 
 
 
 (19)
 
 
 
 (15) 
 
 
 (15)
All-in costs adjusted for non-controlling interests and non-gold producing companies290
 284
 33
 607
 228
 452
 149
 41
 870
324
 298
 36
 659
 190
 418
 140
 83
 829
Adjusted for stockpile write-offs
 
 
 
 
 
 
 
 
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs290
 284
 33
 607
 228
 452

149

41
 870
Gold sold – oz (000)(2)
241
 321
 
 562
 293
 428
 133
 
 854
256
 358
 
 614
 219
 358
 122
 
 700
All-in sustaining cost (excluding stockpile write-offs) per unit – $/oz(3)
1,203
 885
 
 1,062
 772
 1,006
 1,103
 
 943
All-in cost per unit (excluding stockpile write-offs) – $/oz(3)
1,203
 885
 
 1,080
 780
 1,055
 1,119
 
 1,018
All-in sustaining cost per unit – $/oz(3)
1,246
 757
 
 990
 859
 1,107
 1,105
 
 1,032
All-in cost per unit – $/oz(3)
1,266
 830
 
 1,072
 863
 1,164
 1,141
 
 1,183

For the year ended 31 December 20172019
Operations in Australia Argentina and Brazilthe Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
Australia 
Total
Australia

 ARGENTINA Brazil Americas other
 TOTAL AMERICAS
Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 
Total cash costs                                  
Cost of sales per segmental information(5)
260
 274
 16
 550
 268
 429
 153
 1
 851
Cost of sales per segmental information(5)318
 297
 17
 632
 274
 417
 131
 1
 822
By-product revenue
 (3) 
 (3) (61) (20) 
 (1) (81)
Inventory change(2) (2) 
 (4) (12) (3) 
 
 (15)(1) (1) 
 (2) 3
 (1) 
 
 2
Amortisation of intangible assets
 
 
 
 
 (1) 
 
 (1)
 
 
 
 
 
 
 
 
Amortisation of tangible assets(34) (89) (7) (130) (83) (139) (50) 
 (272)
Amortisation of tangible and intangible assets(56) (111) (7) (173) (40) (103) (34) 
 (177)
Rehabilitation and other non-cash costs(5) (2) (2) (9) (11) 
 
 
 (11)(3) (1) (1) (5) (11) (12) (10) 
 (33)
Retrenchment costs
 
 
 
 (2) (3) (1) 1
 (5)
 
 
 (1) (1) (2) 
 (1) (3)
Total cash costs219
 181
 7
 407
 160
 284
 101
 2
 547
Total cash costs net of by-product revenue258
 181
 9
 448
 164
 279
 87
 (2) 530
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 8
 8
 (12) 
 
 
 (12)
 
 
 
 (12) 
 
 
 (12)
Total cash costs adjusted for non-controlling interests and non-gold producing companies219
 181
 15
 415
 148
 284
 101
 2
 535
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies258
 181
 9
 448
 152
 279
 87
 (2) 518
Gold produced – oz (000) (2)
238
 322
 
 559
 283
 424
 133
 
 840
254
 360
 
 614
 225
 362
 123
 
 710
Total cash costs per unit – $/oz(3)
919
 564
 
 743
 522
 671
 764
 
 638
1,014
 504
 
 730
 673
 782
 707
 
 736

For the year ended 31 December 20172019
AngloGold Ashanti operations – Total
(from continuing operations - in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
All-in sustaining costs  
Cost of sales per segmental information(5)
428
2,626
By-product revenue(1)(86)
Amortisation of tangible and intangible assets(137)(583)
Adjusted for decommissioning and inventory amortisation2
1
Lease payment sustaining
51
Corporate administration and marketing related to current operations
82
Inventory write-down to net realisable value and other stockpile adjustments

Sustaining exploration and study costs
31
Total sustaining capital expenditure46
390
Amortisation relating to inventory

Realised other commodity contracts

All-in sustaining costs338
2,512
Adjusted for non-controlling interests and non-gold producing companies(1)

(60)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies338
2,452
All-in sustaining costs338
2,512
Non-sustaining project capital expenditure5
313
Lease payment non sustaining
1
Technology improvements

Non-sustaining exploration and study costs4
85
Care and maintenance costs
47
Corporate and social responsibility costs not related to current operations
38
Other provisions
2
All-in costs347
2,998
Adjusted for non-controlling interests and non-gold producing companies(1)

(62)
All-in costs adjusted for non-controlling interests and non-gold producing companies347
2,936
Gold sold – oz (000)(2)
442
2,410
All-in sustaining cost per unit – $/oz(3)
767
1,017
All-in cost per unit – $/oz(3)
785
1,218

For the year ended 31 December 2019
AngloGold Ashanti operations – Total
(from continuing operations - in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
Total cash costs  
Cost of sales per segmental information(5)
428
2,626
By-product revenue(1)(86)
Inventory change3
(5)
Amortisation of intangible assets

Amortisation of tangible and intangible assets(137)(583)
Rehabilitation and other non-cash costs(1)(53)
Retrenchment costs
(4)
Total cash costs net of by-product revenue292
1,895
Adjusted for non-controlling interests, non-gold producing companies and other(1)

(53)
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies292
1,841
Gold produced – oz (000)(2)
445
2,415
Total cash costs (adjusted) per unit – $/oz(3)
657
763


For the year ended 31 December 2018
Corporate and other
(in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
All-in sustaining costs  
Cost of sales per segmental information440
3,582
Amortisation of tangible and intangible assets(136)(823)
Adjusted for decommissioning amortisation3
3
Corporate administration and marketing related to current operations
63
Inventory write-down to net realisable value and other stockpile adjustments
3
Sustaining exploration and study costs1
64
Total sustaining capital expenditure85
744
All-in sustaining costs393
3,636
Adjusted for non-controlling interests and non-gold producing companies
(64)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies393
3,572
Adjusted for stockpile write-offs
(3)
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs393
3,569
All-in sustaining costs393
3,636
Non-sustaining Project capex35
89
Technology improvements
10
Non-sustaining exploration and study costs1
49
Care and maintenance costs
62
Corporate and social responsibility costs not related to current operations
24
All-in costs429
3,870
Adjusted for non-controlling interests and non-gold producing companies
(63)
All-in costs adjusted for non-controlling interests and non-gold producing companies429
3,807
Adjusted for stockpile write-offs
(3)
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs429
3,804
Gold sold – oz (000)362
3,399
All-in sustaining cost (excluding stockpile write-offs) per unit – $/oz1,087
1,050
All-in cost per unit (excluding stockpile write-offs) – $/oz1,186
1,119

For the year ended 31 December 2017
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
Total cash costs  
Cost of sales per segmental information440
3,582
Inventory change(3)(15)
Amortisation of intangible assets
(6)
Amortisation of tangible assets(136)(817)
Rehabilitation and other non-cash costs(6)(29)
Retrenchment costs
(6)
Total cash costs295
2,709
Adjusted for non-controlling interests, non-gold producing companies and other(1)

(41)
Associates and equity accounted joint ventures' share of total cash costs

Total cash costs adjusted for non-controlling interests and non-gold producing companies295
2,668
Gold produced – oz (000)360
3,384
Total cash costs (adjusted) per unit – $/oz819
789


For the year ended 31 December 2016
Operations in South Africa
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
 
Corporate (4)

All-in sustaining costs                   
Cost of sales per segmental information(5)
144
 255
 400
 259
 198
 457
 185
 (1) 1,041
 5
Amortisation of tangible and intangible assets(20) (49) (69) (55) (28) (83) (14) (1) (167) (5)
Adjusted for decommissioning amortisation
 
 (1) 
 
 
 (2) 3
 
 
Corporate administration and marketing related to current operations
 
 
 
 
 
 
 
 
 59
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 
 5
 5
 
Total sustaining capital expenditure16
 41
 57
 52
 25
 77
 17
 5
 156
 4
All-in sustaining costs140

247

387

256

195

451

186

11

1,035

63
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies140
 247
 387
 256
 195
 451
 186
 11
 1,035
 63
Adjusted for stockpile write-offs
 
 
 
 
 
 
 (5) (5) 
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs140

247

387

256

195

451

186

6

1,030

63
All-in sustaining costs140
 247
 387
 256
 195
 451
 186
 11
 1,035
 63
Non-sustaining Project capex
 2
 2
 24
 
 24
 
 (1) 25
 
Technology improvements
 
 
 
 
 
 
 14
 14
 
Non-sustaining exploration and study costs
 
 
 
 
 
 
 
 
 1
Corporate and social responsibility costs not related to current operations
 
 
 
 
 
 
 
 
 25
All-in costs140

249

389

280

195

475

186

24

1,074

89
All-in costs adjusted for non-controlling interests and non-gold producing companies140
 249
 389
 280
 195
 475
 186
 24
 1,074
 89
Adjusted for stockpile write-offs
 
 
 
 
 
 
 (5) (5) 
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs140

249

389

280

195

475

186

19

1,069

89
Gold sold - oz (000)(2)
91
 279
 369
 253
 146
 398
 185
 
 953
 
All-in sustaining cost (excluding stockpile write-offs) per unit - $/oz(3)
1,555
 884
 1,049
 1,011
 1,345
 1,133
 1,004
 
 1,081
 
All-in cost per unit (excluding stockpile write-offs) - $/oz(3)
1,555
 890
 1,053
 1,105
 1,345
 1,193
 1,004
 
 1,122
 
Corporate (4)

All-in sustaining costs
Cost of sales per segmental information(5)
(2)
By-product revenue(1)
Amortisation of tangible and intangible assets(3)
Adjusted for decommissioning and inventory amortisation
Lease payment sustaining
Corporate administration and marketing related to current operations76
Inventory writedown to net realisable value and other stockpile adjustments
Sustaining exploration and study costs1
Total sustaining capital expenditure3
Amortisation relating to inventory
Realised other commodity contracts
All-in sustaining costs72
Adjusted for non-controlling interests and non -gold producing companies(1)

All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies73
All-in sustaining costs72
Non-sustaining project capital expenditure(1)
Lease payment non sustaining
Technology improvements
Non-sustaining exploration and study costs1
Care and maintenance
Corporate and social responsibility costs not related to current operations6
Other provisions(1)
All-in costs79
Adjusted for non-controlling interests and non -gold producing companies(1)

All-in costs adjusted for non-controlling interests and non-gold producing companies79
Gold sold - oz (000)(2)

All-in sustaining cost per unit - $/oz(3)

All-in cost per unit - $/oz(3)

(1) 
Adjusting for non-controlling interest of items included in calculation, to disclose the attributable portions only. Other consists of heap leach inventory.
(2) 
Attributable portion.
(3) 
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(4) 
Corporate includes non-gold producing subsidiaries.
(5) 
Refer Itemto “Item 18: Financial Statements - Note 2 - Segmental Information.Information”.

Rounding of figures may result in computational discrepancies.


For the year ended 31 December 20162018
Operations in South AfricaCorporate and other
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
 
Corporate (4)

Total cash costs                   
Cost of sales per segmental information144
 255
 400
 259
 198
 457
 185
 (1) 1,041
 5
Inventory change
 1
 1
 1
 
 1
 (1) 
 1
 
Amortisation of intangible assets
 (2) (2) (1) (1) (2) (1) (1) (6) (2)
Amortisation of tangible assets(19) (48) (67) (54) (27) (81) (13) 
 (161) (3)
Rehabilitation and other non-cash costs(2) 1
 (2) (4) (1) (5) (3) 3
 (7) 
Retrenchment costs(2) (3) (5) (3) (2) (5) 
 (1) (11) 
Total cash costs121
 204
 325
 198
 167
 365
 167
 
 857
 
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 
 
 
 
 
 
 
 
Total cash costs adjusted for non-controlling interests and non-gold producing companies121
 204
 325
 198
 167
 365
 167
 
 857
 
Gold produced – oz (000) (2)
91
 280
 371
 254
 146
 399
 186
 
 957
 
Total cash costs per unit –
$/oz(3)
1,324
 729
 875
 779
 1,148
 914
 899
 
 896
 
Corporate (4)

Total cash costs
Cost of sales per segmental information(5)
(2)
By-product revenue(1)
Inventory change(1)
Amortisation of intangible assets(6)
Amortisation of tangible assets3
Rehabilitation and other non-cash costs
Retrenchment costs(1)
Total cash costs net of by-product revenue(7)
Adjusted for non-controlling interests, non-gold producing companies and other(1)
(1)
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies(7)
Gold produced – oz (000)(2)

Total cash costs per unit – $/oz(3)


For the year ended 31 December 20162018
Operations in DRC,Continental Africa (DRC, Ghana, Guinea, Mali and TanzaniaTanzania)
(in $ millions, except as otherwise noted)
DRC MALIJOINTGHANA GUINEATANZANIA Continental Africa other
 SUBSIDIARIES
DRC MaliJoint Ghana GuineaTanzania Continental Africa other
 Subsidiaries
Kibali
 Morila
 Sadiola
VENTURESIduapriem
 Obuasi
 Siguiri
Geita
 Kibali
 Morila
 Sadiola
Ventures Iduapriem
 Obuasi
 Siguiri
Geita
 
All-in sustaining costs                               
Cost of sales per segmental information(5)292
 32
 81
406
219
 1
 257
447
 1
 925
373
 42
 65
480
 233
 (6) 286
612
 2
 1,127
By-product revenue(1) 
 
(1) 
 
 
(2) 
 (2)
Amortisation of tangible and intangible assets(96) (7) (11)(114)(23) 
 (31)(195) (2) (251)(149) (7) (9)(165) (29) 
 (38)(144) (3) (214)
Adjusted for decommissioning amortisation
 2
 
2

 
 1
3
 1
 5
Adjusted for decommissioning and inventory amortisation1
 3
 
4
 
 
 2
2
 
 4
Lease payment sustaining
 
 

 
 
 

 
 
Corporate administration and marketing related to current operations
 
 

 
 
 

 
 
Inventory writedown to net realisable value and other stockpile adjustments
 1
 
1

 
 

 
 

 
 

 
 
 

 
 
Sustaining exploration and study costs
 
 1
1

 
 3
27
 
 30

 
 

 1
 
 7
8
 
 16
Total sustaining capital expenditure32
 1
 3
36
8
 
 38
119
 
 165
54
 2
 
56
 43
 
 11
59
 
 113
Amortisation relating to inventory
 
 

 
 
 

 
 
Realised other commodity contracts
 
 

 
 
 

 
 
All-in sustaining costs228
 29
 74
332
204
 1
 268
401
 
 874
278
 40
 56
374
 248
 (6) 267
535
 
 1,044
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 


 
 (40)
 
 (40)
 
 

 
 
 (40)
 
 (40)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies228
 29
 74
332
204
 1
 228
401
 
 834
278
 40
 56
374
 248
 (6) 227
535
 
 1,004
Adjusted for stockpile write-offs
 (1) 
(1)
 
 

 
 
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs228
 28
 74
331
204
 1
 228
401
 
 834
All-in sustaining costs228
 29
 74
332
204
 1
 268
401
 
 874
278
 40
 56
374
 248
 (6) 267
535
 
 1,044
Non-sustaining Project capex60
 
 3
63

 6
 21

 
 27
Non-sustaining project capital expenditure10
 
 1
11
 
 48
 85

 
 133
Lease payment non sustaining
 
 

 
 
 

 
 
Technology improvements
 
 

 
 
 

 
 
Non-sustaining exploration and study costs2
 
 
2

 4
 

 (1) 3
1
 
 
1
 
 1
 10

 
 11
Care and maintenance costs
 
 


 70
 

 
 70

 
 

 
 39
 

 
 39
Corporate and social responsibility costs not related to current operations
 
 

 
 
 

 
 
Other provisions
 
 

 
 
 

 
 
All-in costs290
 29
 77
397
204
 81
 289
401
 (1) 974
289
 40
 57
386
 248
 82
 362
535
 
 1,227
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 


 
 (43)
 
 (43)
 
 

 
 
 (54)
 
 (54)
All-in costs adjusted for non-controlling interests and non-gold producing companies290
 29
 77
397
204
 81
 246
401
 (1) 931
289
 40
 57
386
 248
 82
 308
535
 
 1,173
Adjusted for stockpile write-offs
 (1) 
(1)
 
 

 
 
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs290
 28
 77
396
204
 81
 246
401
 (1) 931
Gold sold – oz (000)(2)
256
 21
 70
347
215
 3
 249
474
 
 941
370
 30
 58
459
 254
 
 244
568
 
 1,066
All-in sustaining cost (excluding stockpile write-offs) per unit –
$/oz(3)
893
 1,337
 1,066
955
950
 440
 915
844
 
 886
All-in cost per unit (excluding stockpile write-offs) – $/oz(3)
1,132
 1,337
 1,116
1,141
950
 29,420
 985
844
 
 989
All-in sustaining cost per unit – $/oz(3)
752
 1,321
 990
820
 977
 
 930
940
 
 941
All-in cost per unit – $/oz(3)
782
 1,321
 1,005
846
 977
 
 1,261
940
 
 1,099

For the year ended 31 December 20162018
Operations in DRC,Continental Africa (DRC, Ghana, Guinea, Mali and TanzaniaTanzania)
(in $ millions, except as otherwise noted)
DRC MALI JOINT GHANA GUINEA TANZANIA Continental Africa other
 SUBSIDIARIES
DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
Kibali
 Morila
 Sadiola
 VENTURES Iduapriem
 Obuasi
 Siguiri
 Geita
  Kibali
 Morila
 Sadiola
 Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
  
Cash costs                   
Total cash costs                   
Cost of sales per segmental information(5)292
 32
 81
 406
 219
 1
 257
 447
 1
 925
373
 42
 65
 480
 233
 (6) 286
 612
 2
 1,127
By-product revenue(1) 
 
 (1) 
 
 
 (2) 
 (2)
Inventory change5
 
 
 5
 
 
 14
 7
 1
 22
(3) 
 1
 (2) 
 
 (3) (2) 
 (5)
Amortisation of intangible assets
 
 
 
 
 
 
 
 (2) (2)
 
 
 
 
 
 
 
 
 
Amortisation of tangible assets(96) (7) (10) (114) (23) 
 (31) (195) 
 (249)(149) (7) (9) (165) (29) 
 (38) (144) (3) (214)
Rehabilitation and other non-cash costs(6) (1) (1) (9) (2) (1) (1) (5) 1
 (8)(1) (1) 
 (2) 
 6
 (5) (10) 
 (8)
Total cash costs195
 24
 70
 288
 194
 1
 239
 253
 1
 688
Retrenchment costs
 
 (2) (2) 
 
 
 
 
 
Total cash costs net of by-product revenue219
 34
 55
 308
 204
 
 240
 454
 
 898
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 
 
 
 
 (36) 
 
 (36)
 
 
 
 
 
 (36) 
 
 (36)
Total cash costs adjusted for non-controlling interests and non-gold producing companies195
 24
 70
 288
 194
 1
 203
 253
 1
 652
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies219
 34
 55
 308
 204
 
 204
 454
 
 862
Gold produced - oz (000) (2)
264
 22
 70
 356
 214
 3
 260
 478
 
 955
363
 30
 59
 452
 254
 
 242
 564
 
 1,060
Total cash costs per unit - $/oz(3)
740
 1,123
 991
 812
 908
 167
 784
 530
 
 682
600
 1,145
 938
 680
 804
 
 844
 804
 
 813

For the year ended 31 December 20162018
Operations in Australia Argentina and Brazilthe Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
Australia 
Total
Australia

 ARGENTINA Brazil Americas other
 TOTAL AMERICAS
Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 
All-in sustaining costs                                  
Cost of sales per segmental information(5)242
 277
 21
 540
 250
 364
 134
 4
 752
310
 293
 18
 622
 325
 382
 129
 2
 838
By-product revenue
 (2) 
 (2) (111) (17) 
 
 (128)
Amortisation of tangible and intangible assets(32) (83) (11) (126) (77) (132) (51) 
 (260)(51) (92) (6) (149) (50) (99) (42) 
 (192)
Adjusted for decommissioning amortisation1
 2
 
 3
 1
 1
 
 
 2
Adjusted for decommissioning and inventory amortisation1
 1
 
 2
 (3) (6) (2) (1) (11)
Lease payment sustaining
 
 
 
 
 
 
 
 
Corporate administration and marketing related to current operations
 
 
 
 
 1
 
 (1) 

 
 
 
 
 
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments
 
 7
 7
 
 
 
 
 

 
 
 
 
 
 
 
 
Sustaining exploration and study costs1
 12
 8
 21
 2
 2
 7
 7
 18
7
 5
 
 12
 2
 4
 4
 
 10
Total sustaining capital expenditure32
 76
 1
 109
 60
 121
 43
 1
 225
79
 74
 2
 154
 36
 96
 35
 9
 176
Amortisation relating to inventory
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 (5) (5)
All-in sustaining costs244
 284
 26
 554
 236
 357
 133
 11
 737
346
 279
 15
 639
 199
 360
 124
 5
 688
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 8
 8
 (18) 
 
 (8) (26)
 
 
 
 (15) 
 
 (9) (24)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies244
 284
 34
 562
 218
 357
 133
 3
 711
346
 279
 15
 639
 184
 360
 124
 (4) 664
Adjusted for stockpile write-offs
 
 (8) (8) (4) 
 (1) 1
 (4)
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs244
 284
 26
 554
 214
 357
 132
 4
 707
All-in sustaining costs244
 284
 26
 554
 236
 357
 133
 11
 737
346
 279
 15
 639
 199
 360
 124
 5
 688
Non-sustaining Project capex
 
 
 
 
 1
 
 
 1
Non-sustaining project capital expenditure
 2
 
 2
 
 
 
 
 
Lease payment non sustaining
 
 
 
 
 
 
 
 
Technology improvements
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs
 
 7
 7
 
 6
 1
 36
 43

 
 18
 18
 
 2
 
 34
 36
Care and maintenance
 
 
 
 
 
 
 
 
Corporate and social responsibility costs not related to current operations
 
 
 
 
 11
 3
 1
 15

 
 
 
 2
 12
 3
 (1) 16
Other provisions
 
 
 
 
 
 
 
 
All-in costs244
 284
 33
 561
 236
 375
 137
 48
 796
346
 281
 32
 659
 201
 374
 127
 38
 740
Adjusted for non-controlling interests and non -gold producing companies(1)
 
 8
 8
 (17) 
 
 (1) (18)
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 (15) 
 
 
 (15)
All-in costs adjusted for non-controlling interests and non-gold producing companies244
 284
 41
 569
 219
 375
 137
 47
 778
346
 281
 33
 659
 186
 374
 127
 38
 725
Adjusted for stockpile write-offs
 
 (8) (8) (4) 
 (1) 1
 (4)
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs244
 284
 33
 561
 215
 375

136

48
 774
Gold sold – oz (000)(2)
226
 293
 
 519
 277
 400
 130
 
 807
283
 332
 
 615
 282
 370
 131
 
 783
All-in sustaining cost (excluding stockpile write-offs) per unit – $/oz(3)
1,080
 970
 
 1,067
 773
 893
 1,020
 
 875
All-in cost per unit (excluding stockpile write-offs) – $/oz(3)
1,080
 970
 
 1,081
 774
 938
 1,044
 
 959
All-in sustaining cost per unit – $/oz(3)
1,223
 843
 
 1,038
 652
 973
 945
 
 855
All-in cost per unit – $/oz(3)
1,223
 848
 
 1,070
 656
 1,015
 965
 
 932

For the year ended 31 December 20162018
Operations in Australia Argentina and Brazilthe Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
Australia 
Total
Australia

 ARGENTINA Brazil Americas other
 TOTAL AMERICAS
Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 
Cash costs                 
Total cash costs                 
Cost of sales per segmental information(5)242
 277
 21
 540
 250
 364
 134
 4
 752
310
 293
 19
 622
 325
 382
 129
 2
 838
By-product revenue
 (2) 
 (2) (111) (17) 
 
 (128)
Inventory change
 
 1
 1
 7
 5
 1
 
 13
7
 5
 
 12
 (7) (6) (3) 
 (16)
Amortisation of intangible assets
 
 
 
 
 (7) (3) 
 (10)
 
 
 
 
 
 
 
 
Amortisation of tangible assets(32) (83) (11) (126) (77) (125) (48) 
 (250)(51) (92) (6) (149) (50) (99) (42) (1) (192)
Rehabilitation and other non-cash costs1
 (10) (2) (11) (8) (7) (1) 
 (16)
 (5) (1) (6) (10) 4
 2
 
 (4)
Retrenchment costs
 
 
 
 (1) (1) 
 (1) (3)
 
 
 
 (2) (1) 
 
 (3)
Total cash costs211
 184
 9
 404
 171
 229
 83
 3
 486
Total cash costs net of by-product revenue266
 199
 12
 477
 145
 263
 86
 1
 495
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 8
 8
 (13) 
 
 
 (13)
 
 
 
 (11) 
 
 
 (11)
Total cash costs adjusted for non-controlling interests and non-gold producing companies211
 184
 17
 412
 158
 229
 83
 3
 473
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies266
 199
 12
 477
 134
 263
 86
 1
 484
Gold produced – oz (000) (2)
228
 292
 
 520
 281
 407
 131
 
 820
289
 336
 
 625
 282
 364
 130
 
 776
Total cash costs per unit – $/oz(3)
926
 630
 
 793
 563
 562
 634
 
 578
920
 594
 
 762
 476
 723
 660
 
 624

For the year ended 31 December 20162018
AngloGold Ashanti operations – Total
(from continuing operations - in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
All-in sustaining costs  
Cost of sales per segmental information(5)
480
2,584
By-product revenue(1)(133)
Amortisation of tangible and intangible assets(165)(558)
Adjusted for decommissioning and inventory amortisation4
(5)
Lease payment sustaining

Corporate administration and marketing related to current operations
76
Inventory writedown to net realisable value and other stockpile adjustments

Sustaining exploration and study costs
38
Total sustaining capital expenditure56
445
Amortisation relating to inventory

Realised other commodity contracts
(5)
All-in sustaining costs374
2,443
Adjusted for non-controlling interests and non-gold producing companies(1)

(64)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies374
2,379
All-in sustaining costs374
2,443
Non-sustaining project capital expenditure11
133
Lease payment non sustaining

Technology improvements

Non-sustaining exploration and study costs1
65
Care and maintenance costs
39
Corporate and social responsibility costs not related to current operations
22
Other provisions
(1)
All-in costs386
2,702
Adjusted for non-controlling interests and non-gold producing companies(1)

(69)
All-in costs adjusted for non-controlling interests and non-gold producing companies386
2,634
Gold sold – oz (000)(2)
459
2,463
All-in sustaining cost per unit – $/oz(3)
820
970
All-in cost per unit – $/oz(3)
846
1,075

For the year ended 31 December 2018
AngloGold Ashanti operations – Total
(from continuing operations - in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
Total cash costs  
Cost of sales per segmental information(5)
480
2,584
By-product revenue(1)(133)
Inventory change(2)(9)
Amortisation of intangible assets
(5)
Amortisation of tangible assets(165)(553)
Rehabilitation and other non-cash costs(2)(17)
Retrenchment costs(2)(4)
Total cash costs net of by-product revenue308
1,863
Adjusted for non-controlling interests, non-gold producing companies and other(1)

(47)
Total cash costs net of by product revenue adjusted for non-controlling interests and non-gold producing companies308
1,816
Gold produced – oz (000)(2)
452
2,460
Total cash costs (adjusted) per unit – $/oz(3)
680
743

For the year ended 31 December 2017
Corporate and other
(in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
All-in sustaining costs  
Cost of sales per segmental information406
3,263
Amortisation of tangible and intangible assets(114)(809)
Adjusted for decommissioning amortisation2
10
Corporate administration and marketing related to current operations
59
Inventory writedown to net realisable value and other stockpile adjustments1
12
Sustaining exploration and study costs1
69
Total sustaining capital expenditure36
659
All-in sustaining costs332
3,263
Adjusted for non-controlling interests and non-gold producing companies
(58)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies332
3,205
Adjusted for stockpile write-offs(1)(17)
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs331
3,188
All-in sustaining costs332
3,263
Non-sustaining Project capex63
53
Technology improvements
14
Non-sustaining exploration and study costs2
54
Care and maintenance costs
70
Corporate and social responsibility costs not related to current operations
40
All-in costs397
3,494
Adjusted for non-controlling interests and non-gold producing companies
(53)
All-in costs adjusted for non-controlling interests and non-gold producing companies397
3,441
Adjusted for stockpile write-offs(1)(17)
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs396
3,424
Gold sold – oz (000)347
3,220
All-in sustaining cost (excluding stockpile write-offs) per unit – $/oz955
990
All-in cost per unit (excluding stockpile write-offs) – $/oz1,141
1,063

For the year ended 31 December 2016
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
Cash costs  
Cost of sales per segmental information406
3,263
Inventory change5
38
Amortisation of intangible assets
(20)
Amortisation of tangible assets(114)(789)
Rehabilitation and other non-cash costs(9)(43)
Retrenchment costs
(14)
Total cash costs288
2,435
Adjusted for non-controlling interests, non-gold producing companies and other(1)
(41)
Total cash costs adjusted for non-controlling interests and non-gold producing companies288
2,394
Gold produced – oz (000)356
3,250
Total cash costs (adjusted) per unit – $/oz812
737

For the year ended 31 December 2015
Operations in South Africa
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
 
Corporate (4)

All-in sustaining costs                   
Cost of sales per segmental information(5)
148
 260
 408
 251
 230
 481
 194
 
 1,083
 (2)
Amortisation of tangible and intangible assets(24) (47) (71) (53) (40) (93) (17) (1) (182) (7)
Corporate administration and marketing related to current operations
 
 
 
 
 
 
 
 
 77
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 
 1
 1
 (1)
Sustaining exploration and study costs
 
 
 
 
 
 
 
 
 1
Total sustaining capital expenditure20
 45
 65
 59
 28
 87
 17
 9
 178
 3
All-in sustaining costs144

258

402

257

218

475

194

9

1,080

71
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 
 
 
 
 
 9
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies144

258

402

257

218

475

194

9

1,080

80
Adjusted for stockpile write-offs
 
 
 
 
 
 
 (1) (1) 
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs144

258

402

257

218

475

194

8

1,079

80
All-in sustaining costs144
 258
 402
 257
 218
 475
 194
 9
 1,080
 71
Non-sustaining Project capex
 2
 2
 26
 
 26
 
 
 28
 
Technology improvements
 
 
 
 
 
 
 16
 16
 (1)
Non-sustaining exploration and study costs
 
 
 
 
 
 
 
 
 1
Corporate and social responsibility costs not related to current operations
 
 
 
 
 
 
 
 
 17
All-in costs144

260

404

283

218

501

194

25

1,124

88
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 
 
 
 
 
 8
All-in costs adjusted for non-controlling interests and non-gold producing companies144

260

404

283

218

501

194

25

1,124

96
Adjusted for stockpile write-offs
 
 
 
 
 
 
 (1) (1) 
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs144

260

404

283

218

501

194

24

1,123

96
Gold sold - oz (000)(2)
118
 254
 371
 219
 209
 428
 193
 
 993
 
All-in sustaining cost (excluding stockpile write-offs) per unit – $/oz(3)
1,226
 1,018
 1,084
 1,170
 1,044
 1,108
 1,006
 
 1,088
 
All-in cost per unit (excluding stockpile write-offs) – $/oz(3)
1,226
 1,024
 1,088
 1,290
 1,044
 1,170
 1,006
 
 1,131
 
Corporate (4)

All-in sustaining costs
Cost of sales per segmental information(5)
(2)
By-product revenue
Amortisation of tangible and intangible assets(3)
Adjusted for decommissioning and inventory amortisation(2)
Lease payment sustaining
Corporate administration and marketing related to current operations64
Inventory writedown to net realisable value and other stockpile adjustments1
Sustaining exploration and study costs(12)
Total sustaining capital expenditure2
Amortisation relating to inventory
Realised other commodity contracts
All-in sustaining costs46
Adjusted for non-controlling interests and non -gold producing companies(1)
4
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies53
All-in sustaining costs46
Non-sustaining project capital expenditure
Lease payment non sustaining
Technology improvements
Non-sustaining exploration and study costs14
Care and maintenance
Corporate and social responsibility costs not related to current operations8
Other provisions3
All-in costs68
Adjusted for non-controlling interests and non -gold producing companies(1)
4
All-in costs adjusted for non-controlling interests and non-gold producing companies73
Gold sold - oz (000)(2)

All-in sustaining cost per unit – $/oz(3)

All-in cost per unit – $/oz(3)

(1) 
Adjusting for non-controlling interest of items included in calculation, to disclose the attributable portions only. Other consists of heap leach inventory.
(2) 
Attributable portion.
(3) 
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce, total cash costs per ounce per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(4) 
Corporate includes non-gold producing subsidiaries.
(5) 
Refer Itemto “Item 18: Financial Statements - Note 2 - Segmental Information.Information”.

Rounding of figures may result in computational discrepancies.



For the year ended 31 December 20152017
Operations in South AfricaCorporate and other
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
 
Corporate (4)

Cash costs                   
Cost of sales per segmental information148
 260
 408
 251
 230
 481
 194
 
 1,083
 (2)
Inventory change
 
 
 
 
 
 
 
 
 1
Amortisation of intangible assets(2) (5) (7) (4) (4) (8) (2) (1) (18) (3)
Amortisation of tangible assets(22) (42) (64) (49) (35) (84) (15) (1) (164) (4)
Rehabilitation and other non-cash costs(3) (8) (11) (5) (4) (9) (1) 1
 (20) 
Retrenchment costs(2) (3) (4) (2) (2) (4) 
 1
 (7) (1)
Total cash costs119
 202
 322
 191
 185
 376
 176
 
 874
 (9)
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 
 
 
 
 
 
 
 9
Total cash costs adjusted for non-controlling interests and non-gold producing companies119

202

322

191

185

376

176



874


Gold produced - oz (000) (2)
117
 254
 371
 219
 209
 428
 193
 
 992
 
Total cash costs per unit –
$/oz(3)
1,014
 798
 867
 874
 883
 879
 912
 
 881
 
Corporate (4)

Total cash costs
Cost of sales per segmental information(5)
(2)
By-product revenue
Inventory change1
Amortisation of intangible assets(1)
Amortisation of tangible assets(3)
Rehabilitation and other non-cash costs1
Retrenchment costs
Total cash costs net of by-product revenue(6)
Adjusted for non-controlling interests, non-gold producing companies and other(1)
4
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies(1)
Gold produced - oz (000) (2)

Total cash costs (adjusted) per unit – $/oz(3)


For the year ended 31 December 20152017
Operations in DRC,Continental Africa (DRC, Ghana, Guinea, Mali and TanzaniaTanzania)
(in $ millions, except as otherwise noted)
DRC MALIJOINT GHANA GUINEA TANZANIA Continental Africa other
 SUBSIDIARIES
DRC MaliJoint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
Kibali
 Morila
 Sadiola
VENTURES Iduapriem
 Obuasi
 Siguiri
 Geita
 Kibali
 Morila
 Sadiola
Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
 
All-in sustaining costs                                  
Cost of sales per segmental information(5)266
 45
 67
378
 219
 64
 280
 404
 2
 969
340
 34
 67
441
 210
 (6) 344
 520
 3
 1,071
By-product revenue(1) 
 
(1) 
 
 
 (1) 
 (2)
Amortisation of tangible and intangible assets(87) (12) (9)(108) (32) (22) (26) (148) (3) (231)(120) (6) (10)(136) (28) 
 (57) (197) (3) (285)
Adjusted for decommissioning amortisation
 2
 1
3
 
 4
 2
 3
 
 9
Adjusted for decommissioning and inventory amortisation
 3
 
3
 1
 
 1
 2
 
 4
Lease payment sustaining
 
 

 
 
 
 
 
 
Corporate administration and marketing related to current operations
 
 (2)(2) 
 
 
 
 
 

 
 

 
 
 
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments
 2
 
2
 2
 
 
 3
 
 5

 
 

 
 
 
 
 
 
Sustaining exploration and study costs
 
 

 2
 17
 6
 6
 (1) 30

 
 1
1
 
 
 8
 17
 
 25
Total sustaining capital expenditure7
 5
 4
16
 15
 3
 29
 116
 1
 164
77
 2
 6
85
 51
 
 15
 156
 1
 223
Amortisation relating to inventory
 
 

 
 
 
 
 
 
Realised other commodity contracts
 
 

 
 
 
 
 
 
All-in sustaining costs186
 42
 61
289
 206
 66
 291
 384
 (1) 946
296
 33
 64
393
 234
 (6) 311
 497
 2
 1,037
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 

 
 
 (43) 
 (1) (44)
 
 

 
 
 (47) 
 
 (47)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies186
 42
 61
289
 206
 66
 248
 384
 (2) 902
296
 33
 64
393
 234
 (6) 264
 497
 2
 990
Adjusted for stockpile write-offs
 (2) 
(2) (12) 
 
 (3) 
 (15)
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs186
 40
 61
287
 194
 66
 248
 381
 (2) 887
All-in sustaining costs186
 42
 61
289
 206
 66
 291
 384
 (1) 946
296
 33
 64
393
 234
 (6) 311
 497
 2
 1,037
Non-sustaining Project capex117
 
 (2)115
 
 20
 
 
 
 20
Non-sustaining project capital expenditure34
 
 1
35
 
 
 67
 
 
 67
Lease payment non sustaining
 
 

 
 
 
 
 
 
Technology improvements
 
 

 
 
 
 
 
 
Non-sustaining exploration and study costs1
 
 
1
 
 
 1
 
 
 1
1
 
 
1
 
 1
 
 
 
 1
Care and maintenance costs
 
 

 
 67
 
 
 
 67

 
 

 
 62
 
 
 
 62
Corporate and social responsibility costs not related to current operations
 
 

 
 1
 
 
 
 1

 
 

 
 
 
 
 
 
Other provisions
 
 

 
 
 
 
 
 
All-in costs304
 42
 59
405
 206
 154
 292
 384
 (1) 1,035
331
 33
 65
429
 234
 57
 378
 497
 2
 1,167
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 

 
 
 (44) 
 
 (44)
 
 

 
 
 (57) 
 
 (57)
All-in costs adjusted for non-controlling interests and non-gold producing companies304
 42
 59
405
 206
 154
 248
 384
 (1) 991
331
 33
 65
429
 234
 57
 321
 497
 2
 1,110
Adjusted for stockpile write-offs
 (2) 
(2) (12) 
 
 (3) 
 (15)
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs304
 40
 59
403
 194
 154
 248
 381
 (1) 976
Gold sold - oz (000)(2)
290
 49
 69
408
 190
 56
 256
 531
 
 1,033
272
 27
 63
362
 227
 3
 332
 528
 
 1,090
All-in sustaining cost (excluding stockpile write-offs) per unit –
$/oz(3)
642
 815
 886
704
 1,020
 1,185
 965
 717
 
 859
All-in cost per unit (excluding stockpile write-offs) – $/oz(3)
1,051
 815
 852
989
 1,020
 2,750
 969
 717
 
 944
All-in sustaining cost per unit – $/oz(3)
1,090
 1,218
 1,019
1,087
 1,033
 
 796
 941
 
 909
All-in cost per unit – $/oz(3)
1,216
 1,218
 1,044
1,186
 1,033
 
 967
 941
 
 1,019




For the year ended 31 December 20152017
Operations in DRC,Continental Africa (DRC, Ghana, Guinea, Mali and TanzaniaTanzania)
(in $ millions, except as otherwise noted)
DRC MALI JOINT GHANA GUINEA TANZANIA Continental Africa other
 SUBSIDIARIES
DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
Kibali
 Morila
 Sadiola
 VENTURES Iduapriem
 Obuasi
 Siguiri
 Geita
  Kibali
 Morila
 Sadiola
 Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
  
Cash costs                   
Total cash costs                   
Cost of sales per segmental information(5)266
 45
 67
 378
 219
 64
 280
 404
 2
 969
340
 34
 67
 441
 210
 (6) 344
 520
 3
 1,071
By-product revenue(1) 
 
 (1) 
 
 
 (1) 
 (2)
Inventory change
 
 
 
 1
 (3) (6) (6) 
 (14)(4) 
 1
 (3) 
 
 (7) 13
 1
 6
Amortisation of intangible assets
 
 
 
 
 
 
 
 (2) (2)
 
 
 
 (1) 
 
 
 (2) (3)
Amortisation of tangible assets(87) (12) (8) (108) (32) (22) (26) (148) (1) (229)(120) (6) (10) (136) (28) 
 (57) (197) (1) (282)
Rehabilitation and other non-cash costs(3) 
 (1) (4) 4
 12
 1
 3
 (1) 19
(5) (1) 
 (6) 6
 7
 (5) (7) 2
 2
Retrenchment costs
 1
 
 1
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
Total cash costs176
 34
 57
 267
 192
 51
 248
 253
 (1) 743
Total cash costs net of by-product revenue210
 27
 58
 295
 187
 
 275
 328
 4
 793
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 
 
 
 
 (37) 
 
 (37)
 
 
 
 
 
 (41) 
 
 (41)
Associates and equity accounted joint ventures' share of total cash costs(2)

 
 
 
 
 
 
 
 
 
Total cash costs adjusted for non-controlling interests and non-gold producing companies176
 34
 57
 267
 192
 51
 211
 253
 (1) 706
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies210
 27
 58
 295
 187
 
 234
 328
 4
 752
Gold produced - oz (000) (2)
289
 49
 69
 407
 193
 53
 255
 527
 
 1,028
268
 28
 63
 360
 228
 3
 323
 539
 
 1,093
Total cash costs per unit - $/oz(3)
609
 698
 818
 655
 995
 966
 827
 480
 
 687
784
 974
 900
 819
 823
 
 725
 608
 
 688

For the year ended 31 December 20152017
Operations in Australia Argentina and Brazilthe Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
Australia TOTAL AUSTRALIA
 ARGENTINA Brazil Americas other
 TOTAL AMERICAS
Australia TOTAL AUSTRALIA
 Argentina Brazil Americas other
 Total Americas
Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 
All-in sustaining costs    ��                             
Cost of sales per segmental information(5)239
 266
 20
 525
 244
 335
 137
 3
 719
260
 276
 15
 551
 385
 447
 153
 3
 987
By-product revenue
 (2) 
 (2) (117) (18) 
 
 (135)
Amortisation of tangible and intangible assets(25) (88) (4) (117) (58) (125) (57) 
 (240)(34) (89) (7) (130) (83) (140) (50) 
 (273)
Adjusted for decommissioning amortisation
 3
 
 3
 1
 
 
 (1) 
Adjusted for decommissioning and inventory amortisation
 1
 
 1
 1
 (1) 
 
 
Lease payment sustaining
 
 
 
 
 
 
 
 
Corporate administration and marketing related to current operations
 
 
 
 
 1
 
 
 1

 
 
 
 
 1
 
 
 1
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 1
 4
 
 5

 
 1
 1
 
 
 
 
 
Sustaining exploration and study costs2
 8
 5
 15
 3
 2
 2
 9
 16
2
 7
 5
 14
 3
 8
 6
 7
 24
Total sustaining capital expenditure29
 49
 
 78
 67
 89
 33
 1
 190
62
 91
 
 153
 56
 134
 38
 4
 232
Amortisation relating to inventory
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 
 
All-in sustaining costs245
 238
 21
 504
 257
 303
 119
 12
 691
290
 284
 14
 588
 245
 431
 147
 14
 836
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 (19) 
 
 (10) (29)
 
 8
 8
 (18) 
 
 (11) (29)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies245

238

21

504

238

303

119

2

662
290
 284
 22
 596
 227
 431
 147
 3
 807
Adjusted for stockpile write-offs
 
 
 
 
 (1) (4) 
 (5)
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs245

238

21

504

238

302

115

2

657
All-in sustaining costs245
 238
 21
 504
 257
 303
 119
 12
 691
290
 284
 14
 588
 245
 431
 147
 14
 836
Non-sustaining Project capex
 
 
 
 
 
 
 6
 6
Non-sustaining project capital expenditure
 
 
 
 
 2
 
 
 2
Lease payment non sustaining
 
 
 
 
 
 
 
 
Technology improvements
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs
 
 6
 6
 
 2
 
 51
 53

 
 10
 10
 2
 7
 
 28
 37
Care and maintenance
 
 
 
 
 
 
 
 
Corporate and social responsibility costs not related to current operations
 
 
 
 
 7
 
 1
 8

 
 
 
 
 12
 2
 1
 15
Other provisions
 
 
 
 
 
 
 
 
All-in costs245

238

27

510

257

312

119

70

758
290
 284
 24
 598
 247
 452
 149
 42
 890
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 (19) 
 
 
 (19)
 
 8
 8
 (19) 
 
 (1) (19)
All-in costs adjusted for non-controlling interests and non-gold producing companies245

238

27

510

238

312

119

70

739
290
 284
 32
 606
 228
 452
 149
 42
 871
Adjusted for stockpile write-offs
 
 
 
 
 (1) (4) 
 (5)
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs245

238

27

510

238

311

115

70

734
Gold sold - oz (000)(2)
221
 354
 
 575
 273
 423
 133
 
 829
241
 321
 
 562
 293
 428
 133
 
 854
All-in sustaining cost (excluding stockpile write-offs) per unit - $/oz(3)
1,110
 671
 
 875
 873
 712
 861
 
 792
All-in cost per unit (excluding stockpile write-offs) - $/oz(3)
1,110
 671
 
 886
 874
 733
 865
 
 885
All-in sustaining cost per unit - $/oz(3)
1,203
 885
 
 1,062
 772
 1,006
 1,103
 
 943
All-in cost per unit - $/oz(3)
1,203
 885
 
 1,080
 780
 1,055
 1,119
 
 1,018

For the year ended 31 December 20152017
Operations in Australia Argentina and Brazilthe Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
Australia TOTAL AUSTRALIA
 ARGENTINA Brazil Americas other
 TOTAL AMERICAS
Australia TOTAL AUSTRALIA
 Argentina Brazil Americas other
 Total America
Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 Sunrise Dam
 Tropicana
 Australia other
 Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
 
Cash costs                 
Total cash costs                 
Cost of sales per segmental information(5)239
 266
 20
 525
 244
 335
 137
 3
 719
260
 276
 15
 551
 385
 447
 153
 3
 987
By-product revenue
 (2) 
 (2) (117) (18) 
 
 (135)
Inventory change(3) (6) (2) (11) 4
 
 (3) 
 1
(2) (2) 
 (4) (12) (3) 
 
 (15)
Amortisation of intangible assets
 
 
 
 
 (12) (5) 
 (17)
 
 
 
 
 (1) 
 
 (1)
Amortisation of tangible assets(25) (88) (4) (117) (58) (113) (52) 
 (223)(34) (89) (7) (130) (83) (139) (50) 
 (272)
Rehabilitation and other non-cash costs(1) (3) 
 (4) (1) 10
 7
 (1) 15
(5) (2) (2) (9) (11) 
 
 
 (11)
Retrenchment costs
 
 
 
 (1) (2) 
 
 (3)
 
 
 
 (2) (3) (1) 
 (5)
Total cash costs210
 169
 14
 393
 188
 218
 84
 2
 492
Total cash costs net of by-product revenue219
 181
 6
 406
 160
 284
 101
 3
 548
Adjusted for non-controlling interests, non-gold producing companies and other(1)

 
 
 
 (14) 
 
 
 (14)
 
 8
 8
 (12) 
 
 
 (12)
Total cash costs adjusted for non-controlling interests and non-gold producing companies210
 169
 14
 393
 174
 218
 84
 2
 478
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies219
 181
 14
 414
 148
 284
 101
 3
 536
Gold produced - oz (000) (2)
216
 344
 
 560
 278
 421
 132
 
 831
238
 322
 
 559
 283
 424
 133
 
 840
Total cash costs per unit - $/oz(3)
970
 492
 
 702
 625
 518
 635
 
 576
919
 564
 
 743
 522
 671
 764
 
 638

For the year ended 31 December 20152017
AngloGold Ashanti operations – Total
(from continuing operations - in $ millions, except as otherwise noted)
JOINT VENTURES
SUBSIDIARIES
JOINT VENTURES
SUBSIDIARIES
All-in sustaining costs  
Cost of sales per segmental information(5)378
3,294
441
2,607
By-product revenue(1)(139)
Amortisation of tangible and intangible assets(108)(777)(136)(691)
Adjusted for decommissioning amortisation3
12
Adjusted for decommissioning and inventory amortisation3
4
Lease payment sustaining

Corporate administration and marketing related to current operations(2)78

64
Inventory writedown to net realisable value and other stockpile adjustments2
10

2
Sustaining exploration and study costs
62
1
51
Total sustaining capital expenditure16
613
85
610
Amortisation relating to inventory

Realised other commodity contracts

All-in sustaining costs289
3,292
393
2,508
Adjusted for non-controlling interests and non-gold producing companies
(64)
Adjusted for non-controlling interests and non-gold producing companies(1)

(63)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies289
3,228
393
2,445
Adjusted for stockpile write-offs(2)(21)
All-in sustaining costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs287
3,207
All-in sustaining costs289
3,292
393
2,508
Non-sustaining Project capex115
54
Non-sustaining project capital expenditure35
69
Lease payment non sustaining

Technology improvements
16


Non-sustaining exploration and study costs1
61
1
62
Care and maintenance costs
67

62
Care and maintenance costs, Corporate and social responsibility costs not related to current operations
26

23
Other provisions
3
All-in costs405
3,516
429
2,724
Adjusted for non-controlling interests and non-gold producing companies
(55)
Adjusted for non-controlling interests and non-gold producing companies(1)

(63)
All-in costs adjusted for non-controlling interests and non-gold producing companies405
3,461
429
2,660
Adjusted for stockpile write-offs(2)(21)
All-in costs adjusted for non-controlling interests, non-gold producing companies and stockpile write-offs403
3,440
Gold sold - oz (000)408
3,430
All-in sustaining cost (excluding stockpile write-offs) per unit - $/oz704
935
All-in cost per unit (excluding stockpile write-offs) - $/oz989
1,003
Gold sold - oz (000)(2)
362
2,506
All-in sustaining cost per unit - $/oz(3)
1,087
975
All-in cost per unit - $/oz(3)
1,186
1,062

















For the year ended 31 December 20152017
AngloGold Ashanti operations - Total
(from continuing operations - in $ millions, except as otherwise noted)
 JOINT VENTURES
SUBSIDIARIES
Total cash costs  
Cost of sales per segmental information(5)
441
2,607
By-product revenue(1)(139)
Inventory change(3)(13)
Amortisation of intangible assets
(5)
Amortisation of tangible assets(136)(686)
Rehabilitation and other non-cash costs(6)(16)
Retrenchment costs
(6)
Total cash costs net of by-product revenue295
1,742
Adjusted for non-controlling interests, non-gold producing companies and other(1)

(41)
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies295
1,701
Gold produced - oz (000)(2)
360
2,492
Total cash costs (adjusted) per unit - $/oz(3)
819
683

Tables provided for information purposes for reconciliation of Non-GAAP to GAAP metrics (South African operations)
For the year ended 31 December 2019
Operations in South Africa
(in $ millions, except as otherwise noted)
JOINT VENTURES
SUBSIDIARIES
Kopanang
 Moab Khotsong 
Vaal River
Operations

 Mponeng
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
Cash costs 
Total cash costs               
Cost of sales per segmental information(3)378
3,294

 
 
 287
 287
 189
 3
 479
By-product revenue
 
 
 
 
 
 
 (1)
Inventory change
(23)
 
 
 3
 3
 (1) 
 2
Amortisation of intangible assets
(40)
 
 
 
 
 
 
 
Amortisation of tangible assets(108)(737)
Amortisation of tangible and intangible assets
 
 
 (47) (47) (13) (1) (61)
Rehabilitation and other non-cash costs(4)10

 
 
 (2) (2) (2) (2) (6)
Retrenchment costs1
(11)
 
 
 (2) (2) 
 
 (2)
Total cash costs267
2,493
Adjusted for non-controlling interests, non-gold producing companies and other(1)

(42)
Total cash costs adjusted for non-controlling interests and non-gold producing companies267
2,451
Gold produced - oz (000)407
3,411
Total cash costs per unit - $/oz655
719
Total cash costs net of by-product revenue
 
 
 239
 239
 173
 
 411
Gold produced - oz (000)(1)

 
 
 244
 244
 175
 
 419
Total cash costs per unit -
$/oz(2)

 
 
 976
 976
 987
 
 981
(1)
Attributable portion (excluding pre-production ounces).
(2)
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(3)
Refer Item 18: Note 2 - Segmental Information.


Rounding of figures may result in computational differences.



For the year ended 31 December 2019
Operations in South Africa
(in $ millions, except as otherwise noted)
  Mponeng
  West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
All-in sustaining costs           
Cost of sales per segmental information(3)
 287
  287
 189
 3
 479
By-product revenue 
  
 
 
 (1)
Amortisation of tangible and intangible assets (47)  (47) (13) (1) (61)
Adjusted for decommissioning and inventory amortisation 
  
 
 
 1
Corporate administration and marketing related to current operations 
  
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments 
  
 (3) (3) (6)
Sustaining exploration and study costs 
  
 
 
 
Total sustaining capital expenditure 47
  47
 7
 3
 57
Realised other commodity contracts 
  
 
 
 
All-in sustaining costs 287
  287
 180
 2
 469
All-in sustaining costs 287
  289
 180
 2
 469
Non-sustaining project capital expenditure 2
  
 
 
 2
Lease Payment non-sustaining    
 
 
  
Technology improvements 
  
 
 
 
Non-sustaining exploration and study costs 
  
 
 
 
Care and maintenance 
  
 
 42
 42
Corporate and social responsibility costs not related to current operations 
  
 
 
 
Other provisions 
  
 
 
 
All-in costs 289

 289

180

44

513
Gold sold - oz (000)(1)
 242
  242
 172
 
 414
All-in sustaining cost (excluding stockpile write-offs) per unit - $/oz(2)
 1,186
  1,187
 1,043
 
 1,132
All-in cost per unit (excluding stockpile write-offs) - $/oz(2)
 1,197
  1,198
 1,043
 
 1,240
(1)
Attributable portion (excluding pre-production ounces).
(2)
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(3)
Refer Item 18: Note 2 - Segmental Information.


Rounding of figures may result in computational differences.


For the year ended 31 December 2018
Operations in South Africa
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 West Wits Operations
 Surface Operations South Africa other Total South Africa (Operations)
All-in sustaining costs               
Cost of sales per segmental information(3)
29
 48
 77
 320
 320
 193
 
 590
By-product revenue(2) (4) (6) 
 
 
 
 (6)
Amortisation of tangible and intangible assets
 
 
 (57) (57) (15) 
 (72)
Adjusted for decommissioning and inventory amortisation
 
 
 
 
 (3) 
 (3)
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 1
 1
Total sustaining capital expenditure
 7
 7
 49
 49
 12
 
 68
Realised other commodity contracts
 
 
 
 
 
 
 
All-in sustaining costs27
 51
 78
 312
 312
 187
 1
 578
All-in sustaining costs27
 51
 78
 312
 312
 187
 1
 578
Non-sustaining project capital expenditure
 
 
 5
 5
 
 
 5
Technology improvements
 
 
 
 
 
 4
 4
Care and maintenance
 
 
 
 
 
 35
 35
All-in costs27
 51
 78
 317
 317
 187
 40
 622
Gold sold - oz (000)(1)
13
 41
 53
 265
 265
 171
 
 490
All-in sustaining cost (excluding stockpile write-offs) per unit - $/oz(2)
2,115
 1,247
 1,452
 1,177
 1,177
 1,094
 
 1,178
All-in cost per unit (excluding stockpile write-offs) - $/oz(2)
2,115
 1,247
 1,452
 1,196
 1,196
 1,094
 
 1,268
(1)
Attributable portion (excluding pre-production ounces).
(2)
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(3)
Refer Item 18: Note 2 - Segmental Information.


Rounding of figures may result in computational differences.

For the year ended 31 December 2018
Operations in South Africa
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 West Wits Operations Surface Operations
 South Africa other
 Total South Africa (Operations)
Total cash costs               
Cost of sales per segmental information(3)
29
 48
 77
 320
 320
 193
 
 590
By-product revenue(2) (4) (6) 
 
 
 
 (6)
Inventory change
 (1) (1) 
 
 (4) 
 (5)
Amortisation of intangible assets
 
 
 
 
 
 
 
Amortisation of tangible and intangible assets
 
 
 (57))(57) (15) 
 (72)
Rehabilitation and other non-cash costs(2) (1) (3) (4))(4) 2
 2
 (3)
Retrenchment costs
 
 
 
 
 
 
 
Total cash costs net of by-product revenue25
 42
 67
 259
 259
 176
 2
 504
Gold produced - oz (000)(1)
12
 39
 51
 265
 265
 171
 
 487
Total cash costs per unit -
$/oz(2)
2,002
 1,083
 1,304
 977
 983
 1,030
 
 1,033
(1)
Attributable portion (excluding pre-production ounces).
(2)
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(3)
Refer Item 18: Note 2 - Segmental Information.

Rounding of figures may result in computational differences.



For the year ended 31 December 2017
Operations in South Africa
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
All-in sustaining costs                 
Cost of sales per segmental information(3)
152
 284
 435
 284
 207
 491
 204
 (1) 1,129
By-product revenue(5) (9) (14) (1) 
 (1) (1) 
 (15)
Amortisation of tangible and intangible assets(9) (41) (50) (53) (14) (67) (14) (1) (133)
Adjusted for decommissioning and inventory amortisation
 
 
 
 
 
 (2) 2
 
Corporate administration and marketing related to current operations
 
 
 
 
 
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 
 2
 2
Sustaining exploration and study costs
 
 
 
 
 
 
 
 
Total sustaining capital expenditure8
 42
 50
 52
 12
 64
 13
 3
 130
All-in sustaining costs146
 276
 421
 282
 205
 487
 200
 5
 1,113
All-in sustaining costs146
 276
 421
 282
 205
 487
 200
 5
 1,113
Non-sustaining project capital expenditure
 
 
 20
 
 20
 
 
 20
Technology improvements
 
 
 
 
 
 
 9
 9
Non-sustaining exploration and study costs
 
 
 
 
 
 
 
 
Care and maintenance
 
 
 
 
 
 
 
 
Corporate and social responsibility costs not related to current operations
 
 
 
 
 
 
 
 
All-in costs146
 276
 421
 302
 205
 507
 200
 14
 1,142
Gold sold - oz (000)(1)
91
 294
 385
 224
 91
 316
 192
 
 892
All-in sustaining cost (excluding stockpile write-offs) per unit - $/oz(2)
1,593
 938
 1,094
 1,259
 2,242
 1,544
 1,045
 
 1,245
All-in cost per unit (excluding stockpile write-offs) - $/oz(2)
1,593
 939
 1,094
 1,349
 2,242
 1,607
 1,045
 
 1,278
(1)
Attributable portion (excluding pre-production ounces).
(2)
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(3)
Refer Item 18: Note 2 - Segmental Information.


Rounding of figures may result in computational discrepancies.




For the year ended 31 December 2017
Operations in South Africa
(in $ millions, except as otherwise noted)
 Kopanang
 Moab Khotsong
 
Vaal River
Operations

 Mponeng
 Tau Tona
 West Wits Operations
 Surface Operations
 South Africa other
 Total South Africa (Operations)
Total cash costs                 
Cost of sales per segmental information(3)
152
 284
 435
 284
 207
 491
 204
 (1) 1,129
By-product revenue(5) (9) (14) (1) 
 (1) (1) 
 (15)
Inventory change
 
 1
 
 
 
 (2) 
 (2)
Amortisation of intangible assets
 (1) (1) (1) 
 (1) 
 
 (2)
Amortisation of tangible assets(9) (40) (49) (52) (14) (67) (14) (1) (131)
Rehabilitation and other non-cash costs3
 (5) (3) (3) (6) (9) (1) 
 (12)
Retrenchment costs
 
 
 
 
 
 
 
 
Total cash costs net of by-product revenue140
 229
 369
 227
 186
 413
 186
 (2) 967
Gold produced - oz (000) (1)
91
 294
 386
 224
 91
 315
 192
 
 892
Total cash costs per unit -
$/oz(2)
1,534
 779
 958
 1,014
 2,044
 1,311
 969
 
 1,085
(1)
Attributable portion (excluding pre-production ounces).
(2)
In addition to the operational performances of the mines, all-in sustaining cost per ounce, all-in cost per ounce and total cash costs per ounce are affected by fluctuations in the currency exchange rate. AngloGold Ashanti reports all-in sustaining cost per ounce and all-in cost per ounce calculated to the nearest US dollar amount and gold sold in ounces. AngloGold Ashanti reports total cash costs per ounce calculated to the nearest US dollar amount and gold produced in ounces.
(3)
Refer Item 18: Note 2 - Segmental Information.


Rounding of figures may result in computational differences.


5B.LIQUIDITY AND CAPITAL RESOURCES

In the board’s opinion, AngloGold Ashanti’s working capital is sufficient to meet the company’s present requirements.

OperatingCash flows from operating activities

Comparison of operating activities in 2019 with 2018

Cash flows from operating activities were $958 million in 2019, $102 million, or 12 percent, higher than the 2018 amount of $856 million. The increase in cash flows generated by operations was mainly due to an increase in revenue from gold sales due to an increase in the gold price received partially offset by an increase in production costs and a decrease in dividends received from joint ventures.

Net cash outflow from operating working capital items amounted to $165 million in 2019, compared with an outflow of $122 million in 2018.

Comparison of operating activities in 2018 with 2017

Cash flows from operating activities were $997$856 million in 2017, $1892018, $57 million, or 16six percent, lower than the 20162017 amount of $1,186$913 million. The decrease in cash flows generated by operations was mainly due to increased total cash costsa decrease in revenue from gold sales due to a decrease in gold sold partially offset by increased revenues from a higheran increase in the gold price received and increased production.received.

Net cash outflow from operating working capital items amounted to $156$122 million in 2017,2018, compared with an outflow of $76$137 million in 2016.

20162017.

Cash flows from operatinginvesting activities were $1,186

Comparison of investing activities in 2019 with 2018

Cash flows from investing activities amounted to a net outflow of $683 million in 2016, $472019, $122 million or four22 percent, higher than the 2015 amount2018 outflow of $1,139$561 million. The increase was largely due to an increase in cash flows providedcapital expenditure by operations$128 million, or 22 percent, from $575 million in 2018 to $703 million in 2019. The capital expenditure increase was mainlylargely due to increased revenues from a higher gold price received partiallyexpenditure of $198 million on the Obuasi redevelopment project partly offset by lower production.project capital expenditure at Siquiri of $78 million with commissioning of the CIL combination plant during 2019.

Net cash outflowComparison of investing activities in 2018 with 2017

Cashflows from operating working capital itemsinvesting activities amounted to $76a net outflow of $561 million in 2016, compared2018, $150 million or 21 percent, lower than 2017 outflow of $711 million.  The decrease included $98 million decrease stay-in-business capital at Geita with an inflowhigher underground ore reserve development taking place during 2017 and the production stage entered during 2018, a decrease in investments in associates and joint ventures of $89$21 million in 2015.and loans repaid by associates and joint ventures of $22 million.

FinancingCash flows from financing activities

2017Comparison of financing activities in 2019 with 2018

Cash flows from financing activities in the year ended 31 December 20172019 amounted to a net outflow of $148$177 million, which is a change of $615$216 million from an outflow of $763$393 million in the year ended 31 December 2016. Cash inflows from proceeds2018. Proceeds from borrowings in 2017 amounted2019 decreased by $585 million from $753 million in 2018 to $815$168 million andin 2019. This decrease included a $155$21 million drawdown on the $1.0$1.4 billion syndicated revolving credit facility, $42 million drawdown on the A$500 million syndicated revolving credit facility, $540$130 million in proceeds from the local borrowings facilities in South Africa and proceeds from other small loans amounting to $78$17 million.

Cash outflows from repayment of borrowings of $767decreased by $844 million from $967 during the year ended 31 December 2018 to $123 million during the year ended 31 December 20172019. This decrease included the repayment of $170 million of the US$1.0 billion syndicated revolving credit facility, $428$122 million of the local borrowing facilities in South Africa $65 million of the A$500 million syndicated revolving credit facility and $104$1 million relating to other loans.

During 2016, the company incurred a $30 million cost in respect of the repurchase premium and cost on redemption of the remaining $1.25 billion bonds 8.5% bonds due in 2020. This once-off cost did not recur in 2017. Finance costs paid increased by $7 million from $130 million in 2018 to $137 million in 2019. The increase was due to a combination of increased borrowings and lease liabilities and fluctuating interest rates for Geita of $10 million, Siguiri of $6 million and Argentina of $2 million partially offset by decreased borrowings and fluctuating interest rates for Australia of $9 million, AngloGold Ashanti Holdings plc of $5 million, Corporate (non-gold producing subsidiaries) of $2 million and finance costs paid on leases for Australia of $6 million, Geita of $1 million, Brazil of $1 million and Corporate of $1 million.

Bond settlement premium, RCF and bond transaction costs decreased by $34$10 million to nil in 2019 from $10 million in 20172018. The decrease was due to the redemptionabsence of remaining bondsnew transaction costs in 2016.2019.


Dividends paid to non-controlling interests increased by $4 million from $15$39 million in 20162018 to $19$43 million in 20172019 and were all paid by non-wholly owned subsidiaries. During 2017,2019, the company declared and paid a dividend of $39$27 million to shareholders, whereascompared to $24 million in the prior period, no dividend was paid to shareholders.2018.

2016Comparison of financing activities in 2018 with 2017

Cash flows from financing activities in the year ended 31 December 20162018 amounted to a net outflow of $763$393 million, which is a change of $423$245 million from an outflow of $1,186$148 million in the year ended 31 December 2015.2017. Cash inflows from proceeds from borrowings decreased by $62 million from $815 million in 2016 amounted2017 to $787$753 million andin 2018. This decrease included a $330$45 million drawdown on the $1.0 billion syndicated revolving credit facility, $157$158 million drawdown on the A$500 million syndicated revolving credit facility, $256$407 million in proceeds from the local borrowingborrowings facilities in South Africa and proceeds from other small loans amounting to $44$143 million.

Cash outflows from repayment of borrowings of $1,333increased by $200 million from $767 during the year ended 31 December 2017 to $967 million during the year ended 31 December 20162018. This increase included the repayment of $471$80 million of the $1.25 billion 8.500 percent bonds due 2020, $480 million of the US$1.0$1.0 billion syndicated revolving credit facility, $290$571 million of the local borrowing facilities $89in South Africa, $315 million of the A$500 million syndicated revolving credit facility and $1 million relating to other loans.
Finance costs paid decreased by $8 million from $138 million in 2017 to $130 million in 2018. The decrease was due to a combination of decreased borrowings and fluctuating interest rates for Corporate (non-gold producing subsidiaries) of $3 million, in connection with other loans.Australia of $3 million, AngloGold Ashanti Holdings plc of $1 million and Córrego do Sítio of $1 million.

Bond settlement premium, RCF and bond transaction costs decreased from $61increased by $10 million to $10 million in the year ended 31 December 2015 to $30 million2018 from nil in the year ended 31 December 2016.2017. The decreaseincrease was due to transaction costs paid for the remaining premium and fees on the redemption of the $1.25new $1.4 billion bonds 8.500 percent bonds due 2020. Finance costs decreased by $79 million in 2016 due to the redemption of the bonds.

multi-currency RCF.

Dividends paid to non-controlling interests increaseddecreased by $19 million from $5$58 million in 20152017 to $15$39 million in 20162018 and were all paid fromby non-wholly owned subsidiaries. During 2018, the company declared and paid a dividend of $24 million to shareholders, compared to $39 million in 2017.

Liquidity

Sources of liquidity

AngloGold Ashanti’s revenues are derived primarily from the sale of gold produced at its mines. Cash flows from operating activities are therefore the function of gold produced that is sold at a specific price. The market price of gold can fluctuate widely, which impacts the profitability of the company’s operations and the cash flows generated by these operations.

AngloGold Ashanti’s cash and cash equivalents decreasedincreased to $205$456 million at 31 December 20172019 compared with $215$329 million at 31 December 2016.2018. In accordance with South African Reserve Bank regulations, cash generated by South African operations is held in South African rands and is therefore subject to exchange controls. At 31 December 2017 672019, 80 percent of the company’s cash and cash equivalents were held in US dollars, 11six percent were heldin Australian dollars, three percent in South African rands and 2211 percent were held in other currencies.

During April 2010, the groupAngloGold Ashanti Holdings plc issued two rated bonds fully and unconditionally guaranteed by AngloGold Ashanti Ltd.Limited. The issuance consisted of a 10 year10-year ($700 million) bond with a semi-annual coupon of 5.375% per annum, and a 30-year ($300 million) bond with a semi-annual coupon of 6.50% per annum. Unless the company redeems the bonds earlier, the bonds will mature on 15 April 2020 and 15 April 2040, respectively.

During July 2012, the group entered intoAngloGold Ashanti Holdings plc issued a 10-year $750 million rated bond. Semi-annual coupons are paid at 5.125% per annum. The bonds are dollar based and unless the company redeems the bonds earlier, they are repayable on 1 August 2022. The notesbonds are fully and unconditionally guaranteed by the group.AngloGold Ashanti Limited.

During July 2014, the group completed the following financing transactions:
A $1 billion2015, AngloGold Ashanti Limited, as borrower, entered into a five-year unsecured syndicated revolving credit facility (ZAR RCF 1.4 billion) of R1.4 billion about $100 million with a syndicate ofNedbank Limited, as facility agent, who in conjunction with ABSA Bank Limited constitute the lenders. Amounts may be repaid and reborrowedre-borrowed under the facility during its five-year term and the facility bears interest at LIBORJIBAR plus 1.5%1.65% per annum. This ZAR RCF 1.4 billion facility, as well as the ZAR RCF 1 billion and ZAR RCF 2.5 billion facilities (see below), will be used to fund the working capital and development costs associated with the group's operations within South Africa without eroding the group's headroom under its other facilities and exposing the group to foreign exchange gains/losses each quarter. This facility was cancelled in February 2020.

During August 2016, Geita Gold Mining Limited and Société AngloGold Ashanti de Guinée S.A., as borrowers, entered into a three-year unsecured revolving credit facilities of $100 million with Nedbank Limited, as lender. Interest is currently charged at a margin of between 6.2% and 8% above LIBOR. In January 2019, $35 million of this facility was combined with the Geita RCF (see below). The remaining portion of $65 million was renewed for a further three years in February 2019 and matures in February 2022. As of 19 March 2020, this facility is fully drawn.


During November 2017, AngloGold Ashanti Limited, as borrower, entered into a three-year unsecured revolving credit facility (ZAR RCF 1 billion) of R1 billion (about $71 million) with The Standard Bank of South Africa Limited, as facility agent and lender, which was subsequently extended by two years. Amounts may be repaid and re-borrowed under the facility during its term and the facility bears interest at JIBAR plus 1.3% per annum. The facility matures in JulyNovember 2022. As of 19 March 2020, this facility is fully drawn.

During December 2017, AngloGold Ashanti Limited, as borrower, entered into a three-year unsecured syndicated revolving credit facility (ZAR RCF 2.5 billion) of R2.5 billion (about $179 million) with Nedbank Limited and ABSA Bank Limited, as lenders, which was subsequently extended by two years. Amounts may be repaid and re-borrowed under the facility during its term and the facility bears interest at JIBAR plus 1.8% per annum. The facility matures in December 2022.As of 19 March 2020, ZAR 450 million was drawn under this revolving facility.

During April 2018, Geita Gold Mining Limited, as borrower, entered into a three-year unsecured multi-currency revolving credit facility of $115 million with Nedbank Limited, as underwriter and agent, and certain financial institutions party thereto, as original banks (Geita RCF). The agreement has been amended and restated in January 2019. Facility A is a US dollar based facility with interest charged at a margin of 6.7% above LIBOR and facility B is a Tanzanian shilling facility capped at the equivalent of $45 million with interest charged at a margin of 5% plus a reference rate as determined by the lending agent. The facility matures in April 2021.As of 19 March 2020, the equivalent of $110 million was drawn under this revolving facility.

During October 2018, AngloGold Ashanti Holdings plc and AngloGold Ashanti Australia Limited, as borrowers, entered into a five-year unsecured multi-currency syndicated revolving credit facility of $1.4 billion ($1.4 billion RCF) with the Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The loan consists of a US dollar based facility with interest charged at a margin of 1.45% above LIBOR and an Australian dollar based facility capped at A$500 million with interest charged at a margin of 1.45% above BBSY. The applicable margin is subject to a ratings grid. In this regard, the interest margin will reduce should the group’s credit rating improve from its current BB+/Baa3 status and should increase shouldif its credit rating worsen.
A five-year unsecured syndicated revolving credit facility ofworsens. The A$500 million ($390 million) with a groupportion of banks which is currently charged at 2% above BBSY. The interest margin will reduce should the group’s credit rating improve from its current BB+/Baa3 status and increase should its credit rating worsen. Thisthis facility will be used to fund the working capital and development costs associated with the group's mining operations within Australia without eroding the group's headroom under its other facilities and exposing the group to foreign exchange gains/losses. Thelosses each quarter. This revolving credit facility matures in October 2023 and replaced the $1 billion RCF and A$500 million RCF, which were available until July 2019.2019 and were cancelled during October 2018.As of 19 March 2020, the equivalent of $945 million was drawn under this Revolving Credit Facility.

During July 2015,A full analysis of the group entered into a five-year unsecured syndicated revolving credit facility (ZAR RCF1.4 billion)borrowings as presented on the statement of R1.4 billion ($113 million) with Nedbank and ABSA Bank. Amounts may be repaid and reborrowed under the facility during its five-year term and the facility bears interest at JIBAR plus 1.65% per annum. This facility, as well as the R1 billion and R2.5 billion ZAR RCF facilities, will be used to fund the working capital and development costs associated with the group’s mining operations within South Africa without eroding the group’s headroom under its other facilities and exposing the group to foreign exchange gains/losses. This facility maturesfinancial position is included in July 2020.

During August 2016, the group entered into three-year unsecured revolving credit facilities of $100 million. Interest is currently charged at a margin of between 6.2% and 8% above LIBOR. The facilities mature in August 2019.

During November 2017, the group entered into a three-year unsecured revolving credit facility (ZAR RCF 1 billion) of R1 billion ($81 million) with Standard Bank. Amounts may be repaid and reborrowed under the facility during its three-year term and the facility bears interest at JIBAR plus 1.3% per annum. The facility matures in November 2020, with the option on application to extend by a maximum of two years.

During December 2017, the group entered into a three-year unsecured syndicated revolving credit facility (ZAR RCF 2.5 billion) of R2.5 billion ($202 million) with Nedbank and ABSA Bank. Amounts may be repaid and reborrowed under the facility during its three-year term and the facility bears interest at JIBAR plus 1.8% per annum. The facility matures in December 2020, with the option on application to extend by a maximum of two years. This facility replaced the five-year unsecured syndicated revolving credit facility (ZAR RCF 1.5 billion) of R1.5 billion ($121 million) with Nedbank and ABSA Bank entered into during December 2013. The latter facility was settled on 12 December 2017.“Item 18: Financial Statements-Note 26-Borrowings”.

Amounts are converted to US dollars at exchange rates as of 31 December 2017.2019.

AngloGold Ashanti intends to finance its capital expenditure and debt repayment requirements in 20182020 from cash on hand, cash flow from operations, existing credit facilities and, potentially, if deemed appropriate, long-term debt financing, the issuance of equity and equity linkedequity-linked instruments.




As part of the management of liquidity, funding and interest rate risk the group regularly evaluates market conditions and may enter into transactions, from time to time, to repurchase outstanding debt, pursuant to open market purchases, tender offers or other means. On 18 March 2020, the company drew $900 million under the $1.4 billion RCF to fund the repayment of the 5.375% notes maturing on 15 April 2020 ($700 million) and to support short-term liquidity in the event of continuing disruptions in the global financial markets as a result of the recent outbreak of COVID-19. On 27 March 2020, the company drew down a further $450 million on the remainder of its $1.4billion RCF.

Current borrowings

AngloGold Ashanti’s current borrowings increased by $595 million to $38$734 million at 31 December 20172019 from $34$139 million at 31 December 2016.2018. The increase in current borrowings is largely due to the allocation to current borrowings of the 5.375% notes maturing on 15 April 2020. See “Item 18: Note 25-Borrowings”Financial Statements-Note 26-Borrowings”.

Non-current borrowings

AngloGold Ashanti’s non-current borrowings increaseddecreased by $612 million to $2,230$1,299 million at 31 December 20172019 compared to $2,144$1,911 million at 31 December 2016.2018. See “Item 18: Note 25-Borrowings”Financial Statements-Note 26-Borrowings”.

As at 31 December 2017,2019, AngloGold Ashanti’s total non-current borrowings, including the short-term portion maturing within 2018,2019, was made up as follows:
 $ (million)
Unsecured borrowings2,190
Secured finance leases782,033
Total borrowings2,2682,033
Less: Short-term maturities38734
Total non-current borrowings2,2301,299

Amounts falling due are scheduled as follows:
 $ (million) 
Within one year38734
Between one and two years219110
Between two and five years1,687898
After five years324291
Total2,2682,033

At 31 December 20172019, the currencies in which the borrowings were denominated were as follows:
 $ (million)
United States dollars1,8071,893
Australian dollars22121
South African rand23772
Tanzanian shillings47
Brazilian real3
Total2,2682,033
At 31 December 2017,2019, AngloGold Ashanti had the following undrawn amounts available under its borrowing facilities:
 $ (million)
Syndicated revolving credit facility ($1.0 billion) - US dollar965
Syndicated revolving credit facility (A$500 million) - Australian dollar226
Syndicated revolving credit facility (R2.5 billion) - SA rand146179
Syndicated revolving credit facility (R1.4 billion) - SA rand32100
FirstRand Bank Limited (R750 millIon)million) - SA rand6154
Revolving credit facilitiesfacility (R1billion) - SA rand
Multi-currency syndicated revolving credit facility ($1001.4 billion) - US dollar1,379
Revolving credit facility ($115 million) - US dollar8540
Total undrawn facilities1,5151,752

AngloGold Ashanti had no other committed lines of credit as of 31 December 2017.2019.

As of 31 December 2017,2019, the company was in compliance with all debt covenants and provisions related to potential defaults.

See “Item 18: Note 35-CapitalFinancial Statements-Note 36-Capital Management” and “Item 10C: Material Contracts”.

At 31 December 2019, lease liabilities were as follows:
$ (million)
Non-current126
Current45
Total171

AngloGold Ashanti, through its executive committee, reviews its short-, medium- and long-term funding, treasury and liquidity requirements and positions monthly. The Audit Committee also reviews these on a quarterly basis at its meetings.


Contractual commitments and contingencies

For a detailed discussion of commitments and contingencies, see note 33 to the consolidated financial statements “Contractual commitments“Item 18: Financial Statements-Note 34-Contractual Commitments and contingencies”Contingencies”.

As at 31 December 2017,2019, capital commitments can be summarised over the periods shown below as follows:

Expiration per periodExpiration per period
Commitment
Total
amount

 
Less than
1 year

 
1 – 3
years

 
4 – 5
years

 
Over 5
years

Total
amount

 
Less than
1 year

 
1 – 3
years

 
4 – 5
years

 
Over 5
years

(in millions)$
 $
 $
 $
 $
$
 $
 $
 $
 $
Capital expenditure (contracted and not yet contracted)(1)
200
 188
 12
 
 
587
 405
 182
 
 
Other commercial commitments(2)
698
 274
 232
 81
 111
1,085
 506
535
535
 28
 16
Total898
 462
 244
 81
 111
1,672
 911
 717
 28
 16
(1) 
Including commitments through contractual arrangements with equity accounted joint ventures of $21$2 million.
(2) 
Excludes commitments through contractual arrangements with equity accounted joint ventures.


Recent developments

Recent developments disclosed in “Item 18: Note 36-Recent developments”Financial Statements-Note 37-Subsequent events” include the following details:

Sale of South African assets:On 2012 February 2018,2020, AngloGold Ashanti announced that it has reached an agreement to sell its remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited. Consideration for the transaction is in cash and deferred payments with expected proceeds of around $300m, subject to subsequent performance, and with additional proceeds if the West Wits assets are developed below current infrastructure.

Dividend declaration: On 21 February 2020, the directors of AngloGold Ashanti declared a gross cash dividend per ordinary share of 70165 South African cents (assuming an exchange rate of ZAR11.66/ZAR15/$, the gross dividend payable per ADS is equivalent to 611 US cents).

COVID-19 pandemic: At the date of approval of these consolidated annual financial statements, the SARS-CoV-2 virus responsible for COVID-19 continues to spread across the globe, contributing to a sharp decline in global financial markets and a significant decrease in global economic activity. On 11 March 2020, the COVID-19 outbreak was declared a global pandemic by the World Health Organization and has since then resulted in numerous governments and companies, including AngloGold Ashanti, introducing a variety of measures to contain the spread of the virus.  To date, we have taken a number of proactive steps to protect our employees, our host communities and business, in line with the company’s values, guidelines and advice provided by the WHO and with the requirements of the countries in which we operate. Cases of the outbreak have been reported in all of the jurisdictions in which we operate, and it may lead to a prolonged restriction on the movement of people and continued requirement for people to self-isolate or be quarantined.

Any self-imposed or government-mandated temporary lockdowns may disrupt the company’s activities and operations and even lead to a full or partial temporary suspension of the company’s mining operations in those jurisdictions. On 21 March 2020, following the Argentinian government’s decision to impose a nationwide lockdown (quarantine) until 31 March 2020, including temporary travel restrictions, border closings and suspension of most industries, Cerro Vanguardia S.A. (CVSA) was required to temporarily suspend mining activities.

On 28 February 2018,23 March 2020, the conditions precedent were fulfilledSouth African government announced a 21-day nationwide lockdown, effective from midnight on 26 March 2020, resulting in the temporary suspension of mining activities of the company’s South African operations particularly Mponeng, and the partial suspension of mining activities at Mine Waste Solutions (MWS) and Surface Operations.

On 26 March 2020, the State of Goiás, in Brazil, extended a set of restrictions on the saleoperation of Moab Khotsongnon-essential business, to include mining. These restrictions are set to run through 4 April 2020. Mineração Serra Grande (MSG) S.A. will temporarily suspend its operations.

The current impact of all of the suspended operations is expected to be about 30,000oz to 40,000oz, or less than 2% of annual production. In these countries, the suspension of mining activities will continue for the period during which the respective restrictions remain in force.

While minimal operational disruptions have occurred at the company’s other operations to date, the company may experience temporary disruptions in supply chain and Kopananglogistics across its operations in the coming months should the pandemic be prolonged. Such disruptions, which include restrictions in travel and border access, may impact the company’s ability to source and transport goods and services required to operate mines and to transport gold doré to refineries. Furthermore, should COVID-19 spread among the transactions were completed with ownershipcompany’s workforce, it may lead to a full or partial temporary suspension of the Moab Khotsongcompany’s operating mines in those affected areas.

Given the uncertainties with respect to future developments, including duration, severity and Kopanang mines transferringscope of the COVID-19 pandemic and the necessary government responses to Harmonylimiting its spread, the board has decided to withdraw its market guidance for 2020 published as part of its preliminary condensed consolidated financial results on 21 February 2020, at this time.

In anticipation of a prolonged negative impact from the COVID-19 pandemic, on 18 March 2020, the company accelerated a drawdown of $900million on its $1.4billion Multi-currency RCF  to redeem the $700million 5.375% bonds maturing on 15 April 2020 and Heaven-Sent, respectively.to have sufficient cash available to manage ongoing working capital requirements.  The company drew down a further $450million on the remainder of its $1.4billion Multi-currency RCF which was received on 27th March 2020. After the drawdowns, the company’s cash on hand exceeds $1.8billion (excluding cash lock-up positions at Kibali and Sadiola, where AngloGold Ashanti’s combined share totals $300million).

Management will continue to take a prudent and proactive approach to managing the group’s liquidity, which may include procuring additional credit facilities or debt over and above its current facilities.
Related party transactions


For a detailed discussion of related party transactions, see “Item 7B.:7B: Related Party Transactions”.

Recently adopted accounting policies and pending adoption of new accounting standards

AngloGold Ashanti’s accounting policies are described in note 1 to the consolidated financial statements “Accounting policies”“Item 18: Financial Statements-Note 1-Accounting Policies”.

Critical accounting policies

AngloGold Ashanti’s accounting policies are described in note 1 to the consolidated financial statements “Accounting policies”“Item 18: Financial Statements-Note 1-Accounting Policies”.

The preparation of the company’s financial statements requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the year. The following are considered to be the accounting policies that are most critical to the company’s results of operations, financial condition and cash flows.

Use of estimates and making of assumptions

The more significant areas requiring the use of management estimates and assumptions relate to Ore Reserve that are the basis of future cash flow estimates and unit-of-production depreciation, depletion and amortisation calculations; environmental, reclamation and closure obligations; asset impairments/reversals (including impairments of goodwill); and write-downs of inventory to net realisable value. Other estimates include employee benefit liabilities and unrecognizedunrecognised tax positions.

On an ongoing basis, management evaluates its estimates and assumptions; however, actual amounts could differ significantly due to the ultimate conclusion of uncertainties.

Ore Reserve and life-of-mines

AngloGold Ashanti estimates on an annual basis its Ore Reserve at its mining operations. There are a number of uncertainties inherent in estimating quantities of Ore Reserve, including many factors beyond the company’s control. Estimates of Ore Reserve are based upon engineering evaluations of assay values derived from samplings of drill holes and other openings. Additionally, declines in the market price of gold may render certain Ore Reserve containing relatively lower grades of mineralisation uneconomic to mine. Further, availability of permits, changes in operating and capital costs, and other factors could materially and adversely affect the Ore Reserve. The company uses its estimates of Ore Reserve to determine the unit basis for mine depreciation and

closure rates, and to evaluate mine asset impairments. Changes in estimates of Ore Reserve could significantly affect these items. At least annually, the company reviews mining schedules, production levels and asset lives in the company’s life-of-mine planning for all of the company’s operating and development properties. Significant changes in the life-of-mine plans may occur as a result of mining experience, new ore discoveries, changes in mining methods and rates, process changes, investment in new equipment and technology and gold prices. Based on the life-of-mine analysis the company reviews its accounting estimates and adjusts depreciation, amortisation, reclamation costs and evaluation of each mine for impairment where necessary. Accordingly, this analysis and the estimates made therein have a significant impact on the company’s results of operations and financial condition.

Contingencies

Accounting for contingencies requires the recording of an estimated loss for a loss contingency when information available indicates that it is probable that an asset has been impaired or a liability has been incurred, and the amount of the loss can be reasonably estimated. Accounting for contingencies such as legal and income tax matters requires the use of judgements to determine the amount to be recorded in the financial statements. By their nature, contingencies will only be resolved when one or more future events occur or fail to occur, and typically, those events will occur a number of years into the future. The company assesses such contingent liabilities, which inherently involves the exercise of significant management judgement and estimates of the outcome of future events.

Provision for environmental rehabilitation

AngloGold Ashanti’s mining and exploration activities are subject to various laws and regulations governing the protection of the environment. The company recognises management’s best estimate for asset retirement obligations in the period in which they are incurred. Actual costs incurred in future periods could differ materially from the estimates. Additionally, future changes to environmental laws and regulations, life of mine estimates and discount rates could affect the carrying amount of this provision. Changes in Ore Reserve could similarly affect the useful lives of assets depreciated on a straight-line-basis, where those lives are limited to the life of mine.

Identification and classification of discontinued operations

When the company considers selling part of its operations, management judgement is applied regarding the classification of the assets or operations (disposal group) as held for sale and the classification of the disposal group as a discontinued operation. A discontinued operation is a component of an entity that either has been disposed of or is classified as held for sale, and represents

either a separate major line of business or a geographical area of operations and is part of a single coordinated plan to dispose of a separate major line of business or geographical area of operations. At 31 December 2019, the company assessed the IFRS 5 held for sale criteria and management concluded that the criteria to recognise the South African assets as held for sale were met. Accordingly, the South African assets and liabilities were transferred to held for sale, and the South African disposal group was recognised as a discontinued operation.


5C.RESEARCH AND DEVELOPMENT, PATENTS AND LICENSES, ETC.

Research and development expenditure included in the income statement amounted to nil, $1 million and $11 million $15 millionduring 2019, 2018 and $18 million during 2017, 2016 and 2015, respectively.





5D.TREND INFORMATION

For a discussion of trends affecting AngloGold Ashanti’s business and operations, see “Item 5A.:5A: Operating Results Key factors affecting results”.





5E.OFF-BALANCE SHEET ARRANGEMENTS

AngloGold Ashanti does not engage in off-balance sheet financing activities, and does not have any off-balance sheet debt obligations, special purpose entities or unconsolidated associates. The most significant off-balance sheet item is the unaccrued future rehabilitation obligations.

See Item“Item 5F: Tabular disclosureDisclosure of contractual obligations.



Contractual Obligations”.






5F.TABULAR DISCLOSURE OF CONTRACTUAL OBLIGATIONS

As at 31 December 20172019 AngloGold Ashanti had the following known contractual obligations:
Total
 
Less than
1 year

 
1 – 3
years

 
4 – 5
years

 
More than
5 years

Total
 
Less than
1 year

 
1 – 3
years

 
4 – 5
years

 
More than
5 years

(in millions)$
 $
 $
 $
 $
$
 $
 $
 $
 $
Long-term debt obligations including interest(1)
3,090
 138
 1,367
 890
 695
2,601
 802
 1,136
 61
 602
Capital lease obligations119
 14
 27
 24
 54
198
 52
 63
 26
 57
Operating lease obligations90
 45
 38
 7
 
Purchase obligations                  
- Contracted capital expenditure(2)
87
 87
 
 
 
161
 161
      
- Other purchase obligations(3)
698
 274
 232
 81
 111
1,085
 506
 535
 28
 16
Environmental rehabilitation costs(4)
991
 74
 95
 67
 755
835
 77
 80
 77
 601
Pensions and other post-retirement medical obligations(5)
123
 11
 22
 24
 66
100
 10
 20
 20
 50
Total5,198
 643
 1,781
 1,093
 1,681
4,980
 1,608
 1,834
 212
 1,326
 
(1) 
Interest calculations are at the rate existing at the year end. Actual rates are set at floating rates for some of the borrowings (Refer Note 25 of the consolidated financial statements)to “Item 18: Financial Statements-Note 26-Borrowings”).
(2) 
Represents contracted capital expenditure for which contractual obligations exist. Amounts stated include commitments of equity accounted joint ventures.
(3) 
Other purchase obligations represent contractual obligations for mining contract services, purchase of power, supplies, consumables, inventories, explosives and activated carbon.
(4) 
Operations of gold mining companies are subject to extensive environmental regulations in the various jurisdictions in which they operate. These regulations establish certain conditions on the conduct of operations by AngloGold Ashanti. Pursuant to environmental regulations, AngloGold Ashanti is also obligated to close its operations and reclaim and rehabilitate the lands upon which it conducted its mining and gold recovery operations. The present estimated closure costs at existing operating mines and mines in various stages of closure are reflected in this table. They are calculated using undiscounted real cash flows, not nominal cash flows. The amount will change from year to year depending on rehabilitation work undertaken, changes in design and methodology and new occurrences. For more information of environmental rehabilitation obligations, see "Item 4B: Business Overview-Mine site rehabilitationSite Rehabilitation and closure"Closure" and "Item 4B: Business Overview-Environmental, healthHealth and safety matters”Safety Matters”. Amounts stated include a total estimated liability of $119$54 million in respect of equity accounted joint venturesventures.
(5) 
Represents payments for unfunded plans or plans with insufficient funding.



ITEM 6: DIRECTORS, SENIOR MANAGEMENT AND EMPLOYEES



6A.DIRECTORS AND SENIOR MANAGEMENT

Directors

As at 2919 March 2018,2020, AngloGold Ashanti has a unitary board comprising 1112 directors - nine10 independent non-executive directors and two executive directors. Certain information with respect to AngloGold Ashanti’s directors is set forth below:

Name Age Position 
Year first
appointed(1)
Srinivasan Venkatakrishnan 53 Executive director and chief executive officer 2005
Christine Ramon 50 Executive director and chief financial officer 2014
Sipho Pityana(2)
 58 Independent non-executive director and chairman 2007
Nozipho January-Bardill 67 Independent non-executive director 2011
Albert Garner 62 Independent non-executive director 2015
Rhidwaan Gasant 58 Independent non-executive director 2010
Dave Hodgson 70 Independent non-executive director 2014
Michael J. Kirkwood 70 Independent non-executive director 2012
Maria Richter 63 Independent non-executive director 2015
Rodney J. Ruston 67 Independent non-executive director 2012
Sindiswa Zilwa 50 Independent non-executive director 2017

Name Age Position 
Year first
appointed(1)
Kelvin Dushnisky 56 Executive director and chief executive officer 2018
Christine Ramon 52 Executive director and chief financial officer 2014
Sipho Pityana(2)
 60 Independent non-executive director and chairman 2007
Alan Ferguson 62 Independent non-executive director 2018
Albert Garner 64 Independent non-executive director 2015
Rhidwaan Gasant 60 Lead independent non-executive director 2010
Nozipho January-Bardill 69 Independent non-executive director 2011
Nelisiwe Magubane 54 Independent non-executive director 2020
Maria Ramos 61 Independent non-executive director 2019
Maria Richter 65 Independent non-executive director 2015
Rodney J. Ruston 69 Independent non-executive director 2012
Jochen Tilk 56 Independent non-executive director 2019
(1) 
Directors serve for a period of three years unless re-elected. At each annual general meeting, directors appointed since the previous annual general meeting are required to retire but are eligible for re-election. In addition, one-third of the directors (if their number is not a multiple of three, then the number nearest to but not less than one third), must retire according to seniority or by lot but may be re-elected.
(2)
(2)Appointed as Chairman with effect from 17 February 2014.
Appointed as Chairman with effect from 17 February 2014.
Sipho Pityana (58)(60)
BA (Hons), MSc, Dtech (Honoris)
Independent non-executive chairmanNon-Executive Chairman
Appointed: A director on 13 February 2007 and Chairman of the Board on 17 February 2014
Board committee memberships: •    Nominations Committee (Chairman)
  •    Remuneration and Human Resources Committee
  •    Social, Ethics and Sustainability Committee

Sipho M Pityana has extensive business experience having served in both an executive and non-executive capacity on several JSElocally and internationally listed boards of companies as well as running his own company,companies, Izingwe Capital and Izingwe Holdings, which he chairs. He is currently the independent non-executive chairman of AngloGold Ashanti and the JSE-listed Onelogix Group,Redefine Properties. He also serves as well asa non-executive director on the board of banking group, Absa. Sipho is also the President of Business Unity South Africa and the co-chair of the World Economic Forum Africa Stewardship board.

Sipho is currently chairperson of the Council of the University of Cape Town. He has previously served as chairalso serves on President Ramaphosa’s Presidential Working Committee on Employment. He was one of Munich Reinsurancethe founding members of Africa, he also served on the boardsgoverning body of Bytes Technology Group, Afrox, SPESCOM, Scaw Metals Groupthe Commission for Conciliation, Mediation and Arbitration. He is the Old Mutual Leadership Group. He previously worked as an executive directorLeader of Nedcor Investment Bankthe Business delegation to the National Economic Development and managing director of Nedbank. Labour Council.

In addition to his private sector track record, Sipho has extensive public sector experience and international exposure. He was the first Director General of the Department of Labour in the former President Mandela’s Government.government. As the Foreign Affairs Director General, he represented South Africa in various international fora including the United Nations, African Union Commonwealth and the International Labour Organization. Commonwealth.
He was onethe founding Chairperson of the founding members ofCouncil for the governing body of the Commission for Conciliation, Mediation and Arbitration and ConvenorAdvancement of the South African government delegation to the National Economic DevelopmentConstitution and Labour Council.former convener and founder of Save South Africa.


Srinivasan Venkatakrishnan (Venkat) (53)Rhidwaan Gasant (60)
BCom, ACA (ICAI)BCompt (Hons), CA (SA), ACIMA, Executive Development Programme
Chief executive officerLead Independent Non-Executive Director
Appointed: 12 August 2010
Board committee memberships:
Audit and executiveRisk Committee (Chairman)
Investment Committee
   Nominations Committee


Rhidwaan Gasant is the Lead Independent Non-Executive Director. He was previously the Chief Executive Officer of Energy Africa Limited.  He serves as a director and chairs the Audit and Risk Committees of international companies in the MTN Group. His other directorships include those in the Rapid African Energy Holdings Group, a start up oil and gas exploration business focused on Africa, and Edcon Limited.

Alan Ferguson (62)
BSc (Accountancy and Business Economics);
CA (Institute of Chartered Accountants of Scotland)
Independent Non-Executive Director
Appointed: August 2005 and as CEO on 8 May 2013October 2018
Board committee memberships:
Audit and Risk Committee
Remuneration and Human Resources Committee

Alan Ferguson is an Independent Non-Executive Director. As a chartered accountant, Mr. Ferguson is highly experienced in a range of finance roles. He was a former chief financial officer of a number of FTSE-listed entities, including Lonmin Plc. Since 2011 he has held non-executive directorships on a number of boards, including current positions with Johnson Matthey, Croda International and Marshall Motors Holdings, all based and listed, in the United Kingdom. He chairs the Audit Committee’s on all these boards.

Albert Garner (64)
BSE, Aerospace and Mechanical Sciences
Independent Non-Executive Director
Appointed: 1 January 2015
Board committee memberships:
•    Investment Committee
•    Nominations Committee

Albert Garner is an Independent Non-Executive Director. He has extensive experience in capital markets, corporate finance and mergers and acquisitions having worked with Lazard Frères & Co., LLC for over 40 years in various leadership positions. He is one of the most senior bankers at Lazard, currently leading their special committee practice and chairing their fairness opinion committee. He formerly led Lazard’s corporate finance practice. Albert became a general partner in 1989 and is now Vice Chair -Investment Banking. Over the past 10 years he has advised and acted as lead adviser to more than 50 companies and their boards of directors on transformative transactions.


Nozipho January-Bardill (69)
BA (English and Philosophy), MA (Applied Linguistics), Diploma Human Resources Management, Certificate in Education; Honoris Causa (Glasgow Caledonian)
Independent Non-Executive Director
Appointed: 1 October 2011
Board committee memberships:Social, Ethics and Sustainability Committee (Chairman)
Remuneration and Human Resources Committee

Ambassador Nozipho January-Bardill has extensive experience in both the local and international public and private sectors. Besides AngloGold Ashanti, she also serves as an Independent Non-Executive Director on the boards of, Mercedes Benz South Africa and the MTN Foundation. Previously she served on the boards of Southern Life, Momentum Ltd, UCT and Credit Suisse Securities.

She is chairperson of the Council of the Nelson Mandela University and the UN Global Compact Local Network in South Africa. Prior to her appointment to the AGA board, Nozipho was the Executive Director of Corporate Services and Spokesperson of MTN Group and served on the boards of 5 MTN local operations in the MTN footprint including Côte d’Ivoire, Cameroon, Guinea (Conakry),

Guinea -Bissau and Congo - Brazzaville. Before then she was the South African Ambassador to Switzerland, Lichtenstein and the Holy See (Vatican) and the Deputy Director General of Human Capital Management and Head of the Foreign Service Institute in the South African Department of Foreign Affairs (now DIRCO). She has worked in leadership positions in the Parliament of South Africa and in a number of NGOs; and served 12 years as an expert on the United Nations Committee on the Elimination of Racial Discrimination. She was also an interim Chief of Staff and Senior Strategic Adviser of UN Women. Sustainable development, ethical governance, human and women’s rights in business and social justice are of central interest to her work and life.

Nelisiwe Magubane (54)
Pr.Eng, BSc, MBA
Independent Non-Executive Director
Appointed: 1 January 2020
Board committee memberships:Investment Committee
Social, Ethics and Sustainability Committee

Neli Magubane has extensive experience in the energy sector, having started her career in Eskom. After a stint in the private sector as a consulting electrical engineer, she joined the Department of Minerals and Energy as the chief director responsible for the restructuring of the electricity sector, planning and implementation of the electrification programme. She was later appointed as the Deputy Director General responsible for the development of the policies that govern electricity, nuclear and clean energy in South Africa.

In 2009, Neli was appointed as Director General of Energy, responsible for, amongst other things, the development of the integrated resource plan and improved access to electricity for over a million households in four years. She was responsible for the regulatory framework and policies that govern the liquid fuels and gas sectors. She was also responsible for oversight of the State-Owned Companies (SOC) that operate in the energy sector, namely CEF SOC LTD, NECSA SOC LTD, and the Regulatory Authorities that govern the energy sector. She established the Renewable Energy Independent Power Producer Program.

More recently, she has been appointed to the current board of Eskom Holdings SOC Limited as a non-executive director. Neli has been named one of the top 50 most influential figures in the Southern African Power sector by the ESI Africa Magazine. In 2019 she was awarded a Big 5 Energy Award by Africa Oil and Power Conference for outstanding contribution in shaping energy policy in Sub Saharan Africa. As an entrepreneur, she has established Matleng Energy Solutions, a 70% women-owned company that provides energy solutions.

Maria Ramos (61)
MSc (Economics); BCom (Economics); Banker Diploma, Certified Associate of the Institute of Bankers (South Africa)
Independent Non-Executive Director
Appointed: 1 June 2019
Board committee memberships:Investment Committee
Social, Ethics and Sustainability Committee

Ms Ramos serves as a non- executive director on the boards of AngloGold Ashanti Ltd, Compagnie Financière Richemont SA, the Public Investment Corporation (PIC) and Saudi British Bank (SABB). She also Co-chairs the United Nations Secretary General’s Task Force on Digital Financing of the Sustainable Development Goals.

Between March 2009 and February 2019, Maria served as Chief Executive Officer of Absa Group leading the Group through a number of significant milestones including the acquisition of the Barclays Africa subsidiary banks; the sell-down by Barclays PLC and the setting a new strategy and refreshed brand for the bank. Before joining Absa (previously Barclays Africa Group Limited) as Group Chief Executive in March 2009, Ms Ramos served as the Chief Executive of Transnet Limited for five years. This followed an eight-year tenure as director general of South Africa’s National Treasury (formerly the Department of Finance) during which time she played a crucial role in transforming the Treasury into one of the most effective and efficient state departments in the post-apartheid administration.

An accomplished academic, who has taught at various institutions, Ms Ramos obtained an Institute of Bankers’ Diploma (CAIB) in 1983. She followed this with a Bachelor of Commerce from the University of the Witwatersrand (Wits) in 1986, a Bachelor of Commerce Honours in Economics (Wits) in 1987 and a Master of Science (Economics) from the University of London (SOAS) in 1992. She is also a recipient of honorary doctorates from the Stellenbosch and Free State universities.

Ms Ramos has in the past served as a non-executive and independent director on the boards of Sanlam Ltd, Remgro Ltd and SABMiller PLC. She was a member of the WEF’s International Business Council and member of its executive Committee for 12 years and its chairman between 2017 and 2019.


She is a member of the Group of Thirty and serves on the International Advisory Board of the Blavatnik School of Government, Oxford University.

Her contribution has been recognized through numerous awards including ranking in Fortune Magazine’s 50 most powerful women in business a number of years running; CNBC Africa Woman Leader of the Year (2011); Wits Business School’s Management Excellence Award (2010). She was named the Sunday Times Business Times Business Leader of the Year in 2005 and Businesswoman of the Year by the SA Businesswomen’s Association in 2001.

Maria Richter (65)
BA, Juris Doctor
Independent Non-Executive Director
Appointed: 1 January 2015
Board committee memberships:•    Audit and Risk Committee
•    Remuneration and Human Resources Committee (Chairman)
•    Nominations Committee

Maria Richter is an experienced non-executive director who has served on a diverse range of US and International boards. She previously served on the board of Barclays International and Barclays Bank plc (2017-2919) and National Grid plc ( 2003 -2014) where she was the chairperson of the finance committee and member of the audit and nominations committees. She currently sits on the boards of Rexel Group, France, a global leader in the professional distribution of energy products and services, and Bessemer Trust, a US wealth management company, and is a member of the audit and compensation committees of Rexel and the remuneration committee of Bessemer Trust.

Maria’s professional career spanned 1980 to 2002 during which time she served in various positions at the former Dewey Ballantine, Prudential, Salomon Brothers Inc. and Morgan Stanley & Co.

Rodney Ruston (69)
MBA Business, BE (Mining)
Independent Non-Executive Director
Appointed: 1 January 2012
Board committee memberships:•    Investment Committee (Chairman)
•    Audit and Risk Committee

Rodney Ruston is an Independent Non-Executive Director. He has over 35 years of business experience during which he has led private and publicly-listed companies in the resources, oil and gas and construction industries. His international experience as the chief executive of a heavy construction and mining contractor coupled with chief executive roles with operating resource companies provides the board with a broad based director, who can provide insight and advice on the full range of domestic and international activities in the AngloGold Ashanti business. Mr. Ruston is currently the chief executive of County International Limited., an Australian listed start-up company, which he joined in July 2012. He was previously Chief Executive Officer and President of North American Energy Partners Inc., a large Canadian mining and construction contracting company, which he took public with a listing on the NYSE and the TSX. Prior to that he was managing director of Ticor Limited, an Australian-based titanium producer with operations in Australia and South Africa.

Jochen Tilk (56)
Bachelors in Mining Engineering, Masters in Mining Engineering
Independent Non-Executive Director
Appointed: 1 January 2019
Board committee memberships:•    Investment Committee
 •    Social, Ethics and Sustainability Committee

Venkat was appointed CEOJochen Tilk is an Independent Non-Executive Director. He is the former Executive Chair of Nutrien Inc., a Canadian global supplier of agricultural products and services based in 2013, after which he setSaskatoon, Saskatchewan. He is the former President and Chief Executive Officer of Potash Corporation of Saskatchewan. Mr. Tilk, previously spent 25 years with Inmet Mining Corporation, a clear strategy to sustainably improve free cash flowCanadian-based, international metals company, with five of those years as the company’s president and returns by emphasising strict capital discipline and the development of a strong pipeline of brownfields investment options.chief executive officer. He has prioritised high-return, self-funded project options designed to improve production life and margins with optimal capital investment and payback periods. Venkat has built a strong, stable senior management team focused on consistently meeting challenging operating and financial targets that directly support AngloGold Ashanti’s strategy. In each of the five years of his tenure, all capital, cost and production targets have either been met or improved upon.
Venkat has overseen the successful development of two new mines, the reduction of overhead and operating costs by almost half and the internal generation of funds to invest in the portfolio and to reduce debt by more than a third, all without issuing any shares to shareholders. These operating and balance sheet improvements were undertaken despite a sharply lower gold price and whilst achieving a marked improvement in overall safety, environmental management and community engagement trends.
He was previously Chief Financial Officer at AngloGold Ashanti, a post he also held at Ashanti Goldfields before its merger with AngloGold in 2004. In these roles he oversaw funding for both companies, gaining detailed knowledge of the portfolio of mines and operating jurisdictions, as well as commodity and capital markets. During this time he also bore responsibility for eliminating AngloGold Ashanti’s 12Moz of legacy hedge positions. Prior to joining Ashanti Goldfields, Venkat was a director of corporate reorganisation services at Deloitte & Touche in London.
Venkat is also a director

of Emera Inc., a publicly listed energy utility company and the Princess Margaret Cancer Foundation, a not-for-profit organization, which raises funds to support the Princess Margaret Cancer Centre.

Kelvin Dushnisky (56)
BSc (Hons), MSc and Juris Doctor
Chief Executive Officer
Appointed: 1 September 2018

Kelvin Dushnisky was appointed as Chief Executive Officer and an Executive Director of AngloGold Ashanti on 1 September 2018.
Mr Dushnisky was previously President and a Director of Barrick Gold Corporation, a post held since 2015. He had direct responsibility for Barrick’s overall business, execution of its operating plans and strategic priorities, and oversight of Barrick’s activities across Australia, Africa, the Middle East, North America and South America. He also held responsibility for Barrick’s relationships with host governments, local communities and other external stakeholders.

Mr Dushnisky holds a B.Sc. (Hon.) degree from the University of Manitoba and M.Sc. and Juris Doctor degrees from the University of British Columbia. He is Chair of the World Gold Council and a member of the International Advisory Board of the Shanghai Gold Exchange, the Accenture Global Mining Executive Council, member and principal business advisor to the Institute of Business Leadership SouthAdvisers Southern Africa and the World Gold Council.Institute of Directors Southern Africa. He is a Council member of the South African ChamberLaw Society of MinesBritish Columbia and the Canadian Bar Association. Mr. Dushnisky represents AngloGold Ashanti at the International Council on Mining and Metals (ICMM). He is on the Senate and is a past member of the Financial Reporting Investigation PanelBoard of Trustees of the JSE Limited.University Health Network.

Christine Ramon (50)(52)
BCompt, BCompt (Hons), CA(SA), Senior Executive Programme (Harvard)
Chief financial officerFinancial Officer and executive directorExecutive Director
Appointed: 1 October 2014
Board committee memberships: •    Investment Committee

Christine has held senior financial management and executive positions in various companies, in particular as chief financial officer and executive director of Sasol Limited from 2006 to 2013. Prior to this, she was chief executive officer of Johnnic Holdings Limited, having previously served as its financial director. Christine has served on the boards of Transnet SOC Limited, Lafarge SA Limited, and Johnnic Communications Limited. She is currently a non-executive director on the board of MTN Group Limited.

Christine served previously as a member of the Standing Advisory Committee to the International Accounting Standards Board and currently serves as Deputy Chair of the Financial Reporting Standards Council of South Africa. Christine is also the chairperson of the CFO Forum of South Africa.
Albert Garner (62)
BSE, Aerospace and Mechanical Sciences
Independent non-executive director
Appointed: 1 January 2015
Board committee memberships:
•    Audit and Risk Committee
•    Investment Committee

Albert Garner has extensive experience in capital markets, corporate finance and mergers and acquisitions having worked with Lazard Frères & Co., LLC for 39 years in various leadership positions. He is one of the most senior bankers at Lazard, currently leading their special committee practice and chairing their fairness opinion committee. He formerly led Lazard’s corporate finance practice. Albert became a general partner in 1989 and is now Vice Chair -Investment Banking. Over the past 10 years he has advised and acted as lead adviser to more than 50 companies and their boards of directors on transformative transactions.


Rhidwaan Gasant (58)
BCompt (Hons), CA (SA), ACIMA, Executive Development Programme
Independent non-executive director
Appointed: 12 August 2010
Board committee memberships:
•    Audit and Risk Committee (Chairman)
•    Investment Committee

Rhidwaan Gasant was previously the Chief Executive Officer of Energy Africa Limited.  He serves as a director and chairs the Audit and Risk Committees of international companies in the MTN Group. His other directorships include those in the Rapid African Energy Holdings Group, a start up oil and gas exploration business focused on Africa and Edcon Limited.


Dave Hodgson (70)
BSc (Civil Engineering), BSc (Mining) (Hons), BComm, AMP(Harvard)
Independent non-executive director
Appointed: 25 April 2014
Board committee memberships:
•    Investment Committee
•    Social, Ethics and Sustainability Committee

Dave Hodgson formerly held a series of senior and executive positions over three decades with the Anglo American and De Beers group of companies, and also held the post of Chief Operating Officer of AngloGold Ashanti from November 2001 through to his retirement in April 2005. In addition, he has held non-executive directorships at Moto Gold Mines Limited, Uranium One Inc., Goliath Gold Mining Limited, Auryx Gold Corporation, Montero Mining and Exploration Limited, and Acacia Mining.


Nozipho January-Bardill (67)
BA, MA Applied Linguistics, Dipl Human Resources Development
Independent non-executive director
Appointed: 1 October 2011
Board committee memberships:•    Social, Ethics and Sustainability Committee (Chairman)
•    Remuneration and Human Resources Committee

Ambassador Nozipho January-Bardill has extensive experience in both the local and international public and private sectors. Besides AngloGold Ashanti, she also serves as an Independent Non-Executive Director on the boards of Credit Suisse Securities, Mercedes Benz South Africa and the MTN Foundation.

She is chairperson of the Council of the Nelson Mandela University and the interim board of the newly formed UN Global Compact Local Network in South Africa. Prior to her appointment to the AGA board, Nozipho was the Executive Director of Corporate Services and Spokesperson of MTN Group and served on the boards of 5 MTN local operations in the MTN footprint including Cote d’Voire, Cameroon, Guinea Conakry, Guinea Bissau and Congo Brazzaville. Before then she was the South African Ambassador to Switzerland, Lichtenstein and the Holy See (Vatican) and the Deputy Director General of Human Capital Management and Head of the Foreign Service Institute in the South African Department of Foreign Affairs (now DIRCO). She has worked in leadership positions in the Parliament of South Africa and in a number of NGOs. In January 2016 she completed 12 years of service as an expert on the United Nations Committee on the Elimination of Racial Discrimination. She was also an interim Chief of Staff and Senior Strategic Adviser of UN Women. Sustainable development, ethical governance, human and women’s rights in business and social justice are of central interest to her work and life.

Michael J Kirkwood (70)
AB, Stanford, Economics & Industrial Engineering
Independent non-executive director
Appointed: 1 June 2012
Board committee memberships:•    Remuneration and Human Resources Committee (Chairman)
•    Audit and Risk Committee
•    Nominations Committee

Michael Kirkwood is a highly experienced and respected former international banker, having worked at the highest levels of Citigroup during his 30-year career with the bank. He is currently Chairman of Ondra Partners LLP, a non-executive director of London Scottishthe International Limited and has recently joined the boardFederation of Bushveld Minerals Ltd as Senior Independent Director. He formerly served as Chairman of Circle Holdings plc and on the boards of Kidde plc, UK Financial Investments Ltd, Eros International plc and as deputy chairman on PwC’s Advisory Board. During his career in finance, he held appointments as Chairman of British American Business Inc., as President and a Fellow of The Chartered Institute of Bankers and as Deputy Chairman of the British Bankers Association.Accountants.


Maria Richter (63)
BA, Juris Doctor
Independent non-executive director
Appointed: 1 January 2015
Board committee memberships:•    Audit and Risk Committee
•    Remuneration and Human Resources Committee
•    Nominations Committee

Maria Richter is an experienced FTSE 100 non-executive director who has served on a diverse range of UK and International boards. She previously served on the board of National Grid plc in the UK from 2003 to July 2014 where she was the chairperson of the finance committee and member of the audit and nominations committees. She currently sits on the boards of Rexel Group, France, a global leader in the professional distribution of energy products and services, and Bessemer Trust, a US wealth management company, and is a member of the audit and compensation committees of Rexel and the remuneration committee of Bessemer Trust. As of 1 September 2017 she joined the divisional Board of Barclays International which in 2018 will become Barclays’ non ring fenced bank, responsible for oversight of the Corporate and Investment Bank and International Cards and Payments businesses. Maria’s professional career spanned 1980 to 2002 during which time she served in various positions at the former Dewey Ballantine, Prudential, Salomon Brothers Inc. and Morgan Stanley & Co.


Sindiswa Zilwa (50)
CA(SA), BCompt (Hons), CTA, Advanced Taxation Certificate, Advanced Diploma in Financial Planning and Advanced Diploma in Banking
Independent non-executive director
Appointed: 1 April 2017
Board committee memberships:•    Audit and Risk Committee
•    Remuneration and Human resources Committee
•    Investment Committee

Sindi is well regarded in the areas of accounting, auditing and business management. She has extensive board and audit committee experience in the public and private sectors, and currently sits on the boards of Discovery Limited, Aspen Limited, Metrofile Limited and the following unlisted companies, Consol Glass Limited, Mercedes Benz South Africa Limited, Tourvest Group (Pty) Ltd and Gijima Group Limited. Sindi is a professional director following her retirement in October 2016 after her 23 year stint as Co-Founder and CEO of Nkonki Inc. As an author, Sindi has published two books, “Audit Committee Effectiveness Model” and “Creating Effective Boards and Committees”. Sindi is a Chartered Accountant (SA) and a Chartered Director (SA).




Rodney Ruston (67)
MBA Business, BE (Mining)
Independent non-executive director
Appointed: 1 January 2012
Board committee memberships:•    Investment Committee (Chairman)
•    Audit and Risk Committee

Rodney Ruston holds a degree in mining engineering and an MBA and has over 35 years of business experience during which he has led private and publicly-listed companies in the resources, oil and gas and construction industries. His international experience as the chief executive of a heavy construction and mining contractor coupled with chief executive roles with operating resource companies provides the board with a broad based director, who can provide insight and advice on the full range of domestic and international activities in the AngloGold Ashanti business. Rodney is currently the chief executive of County Coal Limited, a start-up Australian listed company, which he joined in July 2012. He was previously chief executive officer and President of North American Energy Partners Inc., a large Canadian mining and construction contracting company, which he took public with a listing on the NYSE and the TSX. Prior to that he was managing director of Ticor Ltd, an Australian-based titanium producer with operations in Australia and South Africa.

Board movements during 20172019 and subsequent to year end

The following changes to the board of directors took place during the period from 1 January 20172019 to 31 December 20172019 and subsequent to year-end:

the following directors
Maria Richter, Michael Kirkwood and David Hodgson retired at the Annual General Meeting (AGM) on 169 May 2017 and2019. Maria Richter being eligible for re-election werewas re-elected by the shareholders: Sipho Pityana, Rodney Rustonshareholders and Michael Kirkwood and David Hodgson elected not to stand for re-election, in accordance with board policies and guidelines.
Maria Richter.
Sindiswa Zilwa wasRamos and Nelisiwe Magubane were appointed as an Independent Non-Executive DirectorDirectors with effect from 1 April 2017June 2019 and Professor Wiseman Nkuhlu retired as a Non-Executive Director from the board on 16 May 2017.1 January 2020, respectively.


In terms of the company’s Memorandum of Incorporation (MoI), one third of the following directors are required to retire at each AGM and if they are eligible and available for re-election, will be put forward for re-election by the Annual General Meetingshareholders. The board has determined that the directors to be held on 16 May 2018:retire at the next AGM are Sipho Pityana, Albert Garner, Nozipho January-Bardill Rhidwaan Gasant and Christine RamonRodney Ruston. Messrs Pityana and Garner are eligible and have offered themselves for re-election. Mrs January-Bardill and Mr Ruston have elected not to stand for re-election in accordance with board policies and guidelines.






EXECUTIVE COMMITTEE

AngloGold Ashanti’s executive management team (Executive Committee) comprises nine members of whom two are executive directors. This committee oversees the day-to-day management of the group’s activities and is supported by country and regional management teams as well as by group corporate functions.

In addition to Srinivasan VenkatakrishnanKelvin Dushnisky and Christine Ramon, the following people are members of the Executive Committee:

Chris Sheppard (59)
BSc (Min. Eng.)
Chief Operating Officer - South Africa

As the Chief Operations Officer - South Africa, Chris’ portfolio post the recently completed Asset sales and closures, includes AngloGold Ashanti’s remaining South African assets: the Mponeng underground gold mine, and two surface operations comprising the Mine Waste Solutions tailings dump-retreatment business and the rock dump reclamation and processing business. Together, these South African operating units account for about 13% of AngloGold Ashanti’s total annual production.

Chris, a mining engineer by profession, was most recently Managing Director of Murray & Roberts Cementation, one of Africa’s largest mining contractors and a division of South Africa’s largest publicly traded engineering & construction group.

Prior to that, Chris held positions as head of both mining and technical services at Lonmin Plc for four years, following six years at Anglo American Platinum Ltd., where he most recently held the post of Head Mining Technical Services. Chris is also an alumnus of Anglo American Plc’s Gold & Uranium Division and AngloGold Ltd., where he served latterly as general manager of deep gold mining operations in the Free State between 1997 and 2001. Chris holds a Bsc in Mining Engineering from the University of the Witwatersrand, and also completed an Advanced Management Programme at Harvard Business School.


Tirelo Sibisi (49)
BSSc, Advanced HR Executive Development Programme, MBA, Post Graduate Diploma in Business ManagementStewart Bailey (45)
Executive Vice President - Group Human ResourcesCorporate Affairs and Sustainability

In her roleStewart Bailey was formerly Senior Vice President of Investor Relations & Group Communications, has been appointed as Executive Vice President - Group Human Resources, TireloPresident: Corporate Affairs in 2019. His portfolio includes stakeholder relations and the broader ambit of sustainability policy and oversight. He leads a strong team of specialists covering each of the core sustainability disciplines. His in-depth knowledge of the Company and many of its stakeholders, close cooperation with the sustainability team over several years and ongoing work in integrating environmental, social and governance reporting into the broader business, provide a strong foundation for this role.

Mr. Bailey previously covered debt and equity investors in the US, South Africa, the UK, Europe and Asia. He is responsible for people and organisational development,also a key member of AngloGold Ashanti’s capital markets team, which entails developing a highly engaged, transformed, diverse and productive workforce. She has successfully completed debt issues of more than 20 years’ experience$3 billion since 2010. He also held line responsibility for AngloGold Ashanti’s corporate communications programme, which included engagement with financial news media in South Africa, the field of human resources having beenUS and the group executive for human resourcesUK. He is a former financial journalist with Bloomberg LP in New York and corporate social investment at PPC Cement, where she played a key role in the acquisition of new mining licences for the company for their operations in throughout Africa. Tirelo’s experience includes 10 years in the information technology sector at IBM (South Africa and Paris) and at Telkom, making her a well-rounded human resources generalist with strengths in talent management, succession planning, union negotiations and remuneration.Johannesburg.


Pierre Chenard (59)
Charles Carter (55)
BA (Hons), DPhilBCL, LLB - McGill University; admitted attorney
Executive Vice President - StrategyCorporate Development and Business DevelopmentStrategy

CharlesPierre is responsible for group strategy, businessCorporate Development and Strategy. Pierre previously served as Senior Vice President, Business Development of Rio Tinto Aluminium and was its General Counsel from 2007 to 2019. He is a seasoned corporate development corporate finance, investor relations and communications. Helegal professional who has worked inwithin the mining industry in South Africa and the Americas for 25 years andmetals industries since 1988. Pierre has had responsibility for a range of additional portfolios that include human resources, risk management, business planning and executive responsibility for the company’sconducted business in Colombia.

over 40 countries globally, with involvement in or leadership of acquisitions, divestments, capital markets transactions, project finance, joint venture agreements, and strategy formulation.

Graham Ehm (61)(63)
BSc Hons, MAusIMM, MAICD
Executive Vice President - Group Planning and Technical

Graham Ehm, who has multi-commodity experience, has held senior leadership positions in AngloGold Ashanti in Tanzania and Australia. His current portfolio entailsIn his role as Executive Vice President - Group Planning and Technical, he is responsible for business planning and portfolio optimisation, capital investment optimisation, monitoring governance of projects, studies and exploration,mineral resources and ore reserves reporting and exploration. He is also accountable for non-managed joint ventures.ventures, such as Kibali. In 2014, he was also assigned accountability for the closure and redevelopment ofplanning for the Obuasi Gold Mine.


David Noko (60)
Executive Vice President - Group Sustainable Development

David Noko is a member of He now leads the company’s Executive Committee. His portfolio as Executive Vice President: Group Sustainable Development, comprises the disciplines of Safety, Health, Environment, Social and Community Affairs, Human Rights and Global Security, and Government Relations.

David sets the company global Sustainable Development strategy and direction, guiding the company’s performance and positioning within the global business landscape. He ensures the enablement of the company’s strategy particularly on matters relating to the company’s involvement in host countries business activities and global institutions with respect to sustainable development.

Currently a non-executive director at African Rainbow Minerals Limited, David previously served in several executive roles and directorships of other leading mining and manufacturing companies in De Beers, Pepsi Cola, SAB, AstraPak, Harmony Gold and Royal Bafokeng Platinum and the Chamber of Mines in South Africa.

He holds a diploma in engineering, a diploma in company directorships, a business administration degree and an executive leadership certificate from reputable South African and global institutions.


Maria Sanz Perez (52)
BCom LLB, Higher Diploma in Tax, AMP (Harvard), Admitted Attorney
Executive Vice President - Legal, Commercial and Governance and Company Secretary

Maria partners with the company’s business leaders to ensure AngloGold Ashanti complies with legal requirements across the group. Other responsibilities are compliance, company secretarial functions and integrated reporting. She is also accountable for the legal and commercial aspects of global procurement. Maria has been with the group since 2011 and has worked in similar positions for leading South African companies in her career including Investec, Sappi and Afrox.

Obuasi Redevelopment Project.

Ludwig Eybers (51)(52)
BSc (Min. Eng)(Mining Engineering), Post graduate qualifications with Darden Business School, USA
Chief Operating Officer - International

Ludwig has over 2730 years international mining experience, heexperience. He joined AngloGold Ashanti in 2011 as Senior Vice President Namibia and Mining Task Force, based in Perth Australia. In 2013, he relocated to AngloGold Ashanti in South Africa to take-up the position of Senior Vice President Continental Africa Region. LudwigHe was subsequently promoted to Chief Operations Officer - InternationalOfficer-International in 2017. He is currently accountableresponsible for overall strategic and operational responsibilities for production at the company’s mining operations across three continents and eight countries.for the International Region.



Sicelo Ntuli (42)
BSc Eng. (Electrical), MBA
Chief Operating Officer - Africa

Sicelo Ntuli has over 20 years work experience in the mining industry and has held various senior roles in Operations, Engineering, Business Strategy and Investor Relations. In 2011, he was appointed Managing Director of Iduapriem Mine and played a key role in the turnaround of the mine’s operating performance and reduction of costs. Mr. Ntuli was promoted to Senior Vice President Continental Africa Region in 2016 where he led the transition of Geita from open pit to underground operations, amongst other achievements. He was subsequently promoted to role of Chief Operating Officer Africa, including South African operations in 2019. Mr. Ntuli is also a Harvard Business School alumnus.

Maria Sanz Perez (54)
BCom LLB, HDip Tax, Advanced Management Programme (Harvard), Admitted Attorney
Executive Vice President - General Counsel, Compliance and Company Secretary

Maria Sanz Perez partners with the company’s business leaders to ensure AngloGold Ashanti complies with legal requirements across the group. Her other responsibilities include compliance, company secretarial functions and integrated reporting. She is also accountable for the legal and commercial aspects of global procurement. Ms. Sanz Perez has been with the group since 2011 and has worked in similar positions for leading South African companies in her career including Investec, Sappi and Afrox.

Ms. Sanz Perez has given 6 months notice of the intention to resign, effective 26 March 2020, to pursue other business interests. The exact departure date is still to be agreed.

Tirelo Sibisi (50)
BSSc, Advanced HR Executive Development Programme, Post Graduate Diploma in Business Management and an MBA
Executive Vice President - Group Human Resources

In her role as Executive Vice President - Group Human Resources, Tirelo Sibisi is responsible for Group Human Resources, which entails attracting, retaining and developing a highly engaged, diverse and productive workforce. She has more than 20 years’ experience in the field of human resources both local and Internationally, having been the Group executive for human resources and corporate social investment at PPC Cement.

Ms. Sibisi's experience includes 10 years in the information technology sector at IBM (South Africa and Europe) and 7 years at Telkom, making her a well-rounded human resources generalist with strengths in talent management, succession planning, organisational transformation and diversity management, union negotiations and executive compensation. She served on the Board of the Institute of People Management in SA as a Non- Executive Director and was a member of the Remuneration Committee and the Finance Committee. She currently sits on the Board of AngloGold Ashanti in Ghana.

COMPETENT PERSONS

As part of its suite of annual reports, AngloGold Ashanti produces a Mineral Resource and Ore Reserve Statement and all the information in this report that relates to Exploration Results, Mineral Resource and Ore Reserve is based on information compiled by the Competent Persons.

During the past decade, the company has developed and implemented a system of internal and external reviews aimed at providing assurance in respect of Ore Reserve and Mineral Resource estimates. A documented chain of responsibility exists from the Competent Persons at the operations to the Company’s Mineral Resource and Ore Reserve Steering Committee. Accordingly, the Chairman of the AngloGold Ashanti Mineral Resource and Ore Reserve Steering Committee, Mr VAVaughan Chamberlain, assumes responsibility for the Mineral Resource and Ore Reserve processes for AngloGold Ashanti and is satisfied that the Competent Persons have fulfilled their responsibilities.

VAVaughan Chamberlain (55)(57)
MSc (Mining Engineering), BSc (Hons) (Geology), FAusIMM

Vaughan Chamberlain holds a Bachelor of Science (Honours)BSc (Hons) degree in Geology from the University of Natal and a Master’s degreeMSc in Mining Engineering from the University of the Witwatersrand. He started his career with Anglo American Corporation in 1987 as a geologist at Western Deep Levels East Mine (now TauTona mine). He joined AngloGold in 1998 and currently holds the position of Senior Vice President: Strategic Technical Group and is Chairman of the AngloGold Ashanti Mineral Resource and Ore Reserve Steering Committee.


6B.COMPENSATION

REMUNERATION AND HUMAN RESOURCES COMMITTEE

Remuneration and Human Resources Committee (Remco)

The Remco comprises of fivefour non-executive directors and itsdirectors. Its purpose is to discharge the responsibilities of the board relating to all compensation, including all salary and equity compensation of the company’s executives. The committeeRemco establishes and administers the company’s executive remuneration and its broad objectives include; aligning executive remuneration with company performance and shareholder interests; setting remuneration standards aimed at attracting, motivating and retaining a competent executive team; linking individual executive pay with operational and company performance aligned to strategic objectives; and evaluating the compensation of executives including approval of salary, equity and incentive based awards.

With respect to its mandate on human resources, the committee has oversight to all strategic aspects of people development and human resource issues. The committee also considers and makes recommendations to shareholders on non-executive director’s fees.

The performance of the executive team, including the executive directors, is considered relative to the prevailing business climate and market conditions, as well as to annual evaluations of the achievement of key performance objectives. Bonuses paid to the executives are a reflection of performance of each of the executives and the company as a whole.

The membersIn 2019, the committee was composed of the committee during 2017 are reflected below:following members:

Members
MJMichael J. Kirkwood (Chairperson)(former Chairperson, resigned effective 9 May 2019);
SM PityanaMaria Richter (appointed Chairperson effective 9 May 2019);
NP January-BardillSipho Pityana;
M RichterNozipho January-Bardill;
S ZilwaAlan Ferguson

The meetings of the committee are attended by the Chief Executive Officer, Chief Financial Officer and Executive Vice President: Group Human Resources, except when their own remuneration or benefits are being discussed.

Remuneration policy

TheOur remuneration policy is designed to allow AngloGold Ashanti to compete in a global market where we strive to retain and remunerate our employees using fair, robust and appropriate remuneration and to reward our employees for their contributions. Cost management and shareholder value remain fundamental drivers of the policy delivery.our policy.

Linking pay and performance for our executives is important and by having a large portion of executive pay defined as at risk pay, the policy ensures that executive compensation is aligned with the overall performance of the company, the regions in which it operates and theits business units. The executives have an overriding focus on social sustainability including safety, and a large percentage of variable pay is directly linked to keeping our employees safe.

Total reward

When determining remuneration AngloGold Ashanti considers all elements of short-short-term and long-term fixed and variable pay and ensures that it is consistent with the overall strategic direction of the company and each employee’s individual performance.

For a description of share-based compensation and awards (including cash awards) see “Item 6E: Share Ownership”.

ExecutiveOur executive directors do not receive payment of directorsdirectors’ fees or committee fees.

Benchmarking

Our executivesexecutive employees and non-executives are benchmarkednon-executive directors remuneration is evaluated against a global group of competitors.comparator companies. AngloGold Ashanti’s size and complexity as well as each individual executive’s role areis reviewed against the benchmarkour peer group from a base pay, benefits,and benchmarked based on guaranteed pay and variable pay perspective (which takes into consideration individual performance).pay. Performance (Company and individual) is a key factor influencing the remuneration of the executive employees.

Our 2018 bespoke benchmark survey was completed by Mercer and market data was aged to be time relevant as the survey is conducted biennially.


Our salary benchmarks are targeted at the market median of a global market; wheremarket in our industry. Where there is a shortage of specialist and/or key technical skillstechnically skilled employees, we offer a salary that may be higher than the benchmark median is paid.




salary.

Each executive’s role is individually sized to ensure the best match possible. The comparison is done onfor the same or similar roles irrespective of placelocation of work (including a review of purchasing power parity between countries). Each component of remuneration (base salary, short-term incentives, long-term incentives, Co-investmentco-investment plan and employee benefits and allowances) is analysed and compared with the benchmarksour global peer group’s market range and the overall package is reviewed accordingly. The last allocation regarding the long-term incentive and the co-investment plan participation was done in 2017 and 2018, respectively. Our new incentive scheme, the Deferred Share Plan (DSP), was implemented in January 2018. For a description of the DSP, see “Item 6E: Share Ownership-AngloGold Ashanti share incentive scheme-Deferred Share Plan (DSP)”.

Retirement benefits/pension

Retirement benefits are granted to all executives. All new executives and employees, including executives, receive retirement benefits under defined contribution plans. There are no longer any executives in the legacy defined benefit plans. Contributions vary based on the employee’s retirement plan. See “Item 18: Financial Statements-Note 10-Employee Benefits” and “Item 18: Financial Statements-Note 28-Provision for Pension and Post-Retirement Benefits”.

EXECUTIVE DIRECTORS' AND EXECUTIVE MANAGEMENT REMUNERATION

See "Item18: Note 32 - Related Parties - Directors"Item 18: Financial Statements-Note 33-Related Parties-Directors and other key management personnel - Executivepersonnel-Executive Directors’ and Prescribed Officers renumeration"Officers’ remuneration".

NON-EXECUTIVE DIRECTORS' COMPENSATION

The feescompensation of non-executive directors areis fixed by shareholders at the annual general meeting and, other thanmeeting. In addition to their compensation, the non-executive directors receive fees they receive for their participation on board committees and allowances for travelling internationally to attend board meetings, non-executivemeetings. Non-executive directors do not receive no further payments from the company and are precluded from participation in the company’s share incentive scheme.

NON-EXECUTIVE DIRECTORS’ REMUNERATION

See "Item18: Note 32 - Related Parties - Directors"Item 18: Financial Statements-Note 33-Related Parties-Directors and other key management personnel - Non-Executivepersonnel-Non-Executive Director renumeration"remuneration".






6C.BOARD PRACTICES


The Board of Directors

The company is governed by a unitary board of directors, the composition of which promotes the balance of authority and precludes any one director from dominating decision-making. Our board membership at year-end comprised eleven11 directors, nine independent non-executive directors and two executive directors. On 1 January 2020, an additional non-executive director joined the board increasing the number of directors to 12, 10 independent non-executive directors and two executive directors.

The board is supported by its committees and has delegated certain functions to these committees without abdicating any of its own responsibilities. This process of formal delegation involves approved and documented terms of reference, which are reviewed annually.

ReferSee Item 6A: “Directors and Senior Management” for information about the composition of the Board and directors’ term of office and year of appointment.

Appointment and rotation of directors

Several factors including the requirements of relevant legislation, best practice recommendations, qualifications and skills of a prospective board member and the requirements of the Director’s Fit and Proper Standards of the company, as well as regional demographics are considered in appointing board members. New directors are appointed pursuant to the recommendations of the Nominations Committee, which conducts a rigorous assessment of the credentials of each candidate. Newly appointed directors are elected at the next annual general meeting following their appointment and to stand for approval by shareholders.

In terms of the company’s Memorandum of Incorporation (MOI)(MoI), one third of the directors are required to retire at each Annual General Meeting (AGM) and if they are eligible and available for re-election, will be put forward for re-election by the shareholders. The board has determined that the directors to retire at the next AGM are Sipho Pityana and Albert Garner who are eligible and have offered themselves for re-election, and Nozipho January-Bardill and Rodney Ruston who have elected not to stand for re-election, at the AGM on 16 May 2018 are Albert Garner, Nozipho January-Bardill, Rhidwaan Gasantin accordance with board policies and Christine Ramon.guidelines.

The company’s Memorandum of IncorporationMoI does not set a mandatory retirement age for non-executive directors. However, in accordance with recommendations of King IV - any independent non-executive director serving more than nine years should be subjected to a rigorous review of his or her independence and performance by the board.

Service contracts

Non-Executive Directors
Non-executive directors receive fees for their services as directors which are approved by shareholders at annual general meetings. Non-executive directors do not participate in the company’s share incentive scheme.

Non-executive directors do not hold service contracts with the company.

Executive Committee
All members of the Executive Management team have permanent employment contracts which entitle them to standard group benefits as defined by their specific region and participation in the company’s BonusDeferred Share Plan and the Long-Term Incentive Plan. All recently updated executive contracts include details on participation in the Co-Investment Plan.(DSP).

South African-based executives are paid a portion of their remuneration offshore, which is detailed under a separate contract. This reflects global roles and responsibilities and takes account of offshore business requirements.

The executive contracts are reviewed annually and include a change of control provision. The change of control is subject to the following triggers:
The acquisition of all or part of AngloGold Ashanti; or
A number of shareholders holding less than thirty-five percent of the company’s issued share capital consorting to gain a majority of the board and make management decisions; and
The contracts of Executive Committee members are either terminated or their role and employment conditions are curtailed.

In the event of a change of control becoming effective, the executive will in certain circumstances be subject to both the notice period and the change of control contract terms. The notice period applied per category of executive and the change of control periods as at 31 December 20172019 were as follows:


   
Executive committee memberNotice periodChange of control
Chief Executive Officer12 months12 months
Chief Financial Officer6 months6 months
Other Executive Management team members6 months6 months


Key activities of the board and committees during 20172019

The activities of the board and committees during 20172019 were aimed at promoting the economic stability of the business. This entailed ensuring that its operations were conducted with due regard to the expectations and needs of stakeholders, the safety and health of employees and communities, and the development of systems to ensure proper access to and dissemination of credible information.

Board and committee meeting attendance

The composition of the board and committees at the date of this report and attendance at meetings during 20172019 are disclosed in the table below:



































 Board
 Audit and Risk
 Investment
 
Remuneration
and Human
Resources

 
Social,
Ethics and
Sustainability

 Nomination
No of Meetings in 20177
 5
 4
 4
 5
 2
SM Pityana7
 n/a
 n/a
 4
 5
 2
LW Nkuhlu(1)
2
 3
 1
 2
 n/a
 1
R Gasant7
 5
 4
 n/a
 n/a
 n/a
DL Hodgson7
 n/a
 4
 n/a
 5
 n/a
NP January-Bardill7
 n/a
 n/a
 4
 5
 n/a
MJ Kirkwood7
 5
 n/a
 4
 n/a
 2
AH Garner7
 5
 4
 n/a
 n/a
 n/a
RJ Ruston7
 5
 4
 n/a
 n/a
 n/a
MDC Richter(2)
7
 5
 n/a
 4
 n/a
 1
SV Zilwa(3)
5
 2
 3
 3
 n/a
 n/a
S Venkatakrishnan7
 n/a
 n/a
 n/a
 5
 n/a
KC Ramon7
 n/a
 4
 n/a
 n/a
 n/a
 Board
 Audit and Risk Investment 
Remuneration
and Human
Resources
 
Social,
Ethics and
Sustainability
 Nomination 
Special Committee(5)
 
NED search(5)
Number of meetings in 20197
 5 4 4 5 2 2 2
SM Pityana7
 n/a n/a 4 5 2 2 2
KPM Dushnisky7
 n/a n/a n/a n/a n/a 2 n/a
AM Ferguson7
 5 n/a 4 n/a n/a 2 n/a
AH Garner7
 n/a 4 n/a n/a 2 2 n/a
R Gasant (1)
7
 5 4 n/a n/a 1 n/a n/a
DL Hodgson(2)
2
 n/a 1 n/a 2 n/a n/a n/a
NP January-Bardill7
 n/a n/a 4 5 n/a n/a n/a
MJ Kirkwood(3)
2
 2 n/a 1 n/a 1 n/a n/a
KC Ramon7
 n/a 4 n/a n/a n/a n/a n/a
MDC Ramos (4)
4
 n/a 2 n/a 2 n/a 2 1
MC Richter7
 5 n/a 4 n/a 2 n/a 2
RJ Ruston7
 5 4 n/a n/a n/a n/a n/a
JE Tilk6
 n/a 4 n/a 5 n/a n/a 1

(1) 
LW Nkuhlu retired fromR Gasant was appointed to the boardNominations Committee with effect of 16 May 2017.from 9 August 2019.
(2) 
MDC Richter was appointed toDL Hodgson retired at the Nomination Committee with effect fromAGM held on 9 May 2017.2019.
(3) 
SV ZilwaMJ Kirkwood retired at the AGM held on 9 May 2019.
(4)
MDC Ramos was appointed to the board with effect from 1 April 2017June 2019
(5)
Two special purpose committees were established by the board during 2019, the Special Board Committee and as a member of the Audit and Risk Committee from 16 May 2017.NED Search Committee.


Audit and Risk Committee

The Audit and Risk Committee comprises six independent Non-Executive Directorsnon-executive directors who collectively possess the skills and knowledge to oversee and assess the strategies and processes developed and implemented by management to manage the business within a continually evolving mining environment.

The Audit and Risk Committee’s duties as required by section 94(2) of the South African Companies Act, King IV and JSE Listing requirementsRequirements are set out in its board-approved terms of reference which is reviewed and updated annually. These duties were discharged as follows:
reviewed the quarterly market updates and the half year results;
confirmed the integrity of the group’s Integrated Report, Annual Financial Statements and the Form 20-F;
reviewed the expertise, experience and performance of the finance function and Chief Financial Officer;
assessed the scope and effectiveness of the systems to identify, manage and monitor financial and non-financial risks;
reviewed the procedures for detecting, monitoring and managing the risk of fraud;
reviewed the scope, resources, results and effectiveness of the internal audit department;
approved the internal audit plan and subsequent changes to the approved plan;
ensured that a combined assurance model is applied to provide a co-ordinated approach to all assurance activities;
nominated the appointment of independent external auditors by the shareholders;
reviewed and approved the terms of engagement as contained in the engagement letter of the external auditors;
approved the remuneration of the external auditors;
pre-approved all non-audit services in line with a revised formal policy on non-audit services;
assessed the external auditors’ independence;
annually consider the suitability, after assessing the information provided by the audit firm in terms of section 22.15(h) of the JSE Listings Requirements, for appointment of the audit firm and the designated individual partner;
assessed the effectiveness of the group’s external audit function;
approved the appointment of the external auditors to provide independent limited assurance on certain sustainability indicators as included in the Sustainable Development Report;
reviewed developments in reporting standards, corporate governance and best practice;
monitored the governance of information technology (IT) and the effectiveness of the group’s information systems;
reviewed the adequacy and effectiveness of the group’s compliance function; and
evaluated the effectiveness of the committee through a self-assessment.





Proceedings and Performance Review

During 2017, theThe Audit and Risk Committee formally met five times.times in 2019.

The current members of the Committee are:
Audit and Risk Committee MembersR Gasant (Chairman and independent NED)
RJ Ruston (Independent NED)
MDC Richter (Independent NED)
AM Ferguson (Independent NED)
Number of meetings held from
January to December 2019
Five
NED - Non-Executive Director


The Chief Financial Officer, Senior Vice President: Finance, Group General Counsel and Company Secretary, Senior Vice President: Group Internal Audit; Vice President: Group Tax; Group Risk Manager; Chief Information Officer; Group Compliance Officer, the external auditors, as well as other assurance providers are invited toregularly attend committee meetings in an ex officio capacity and provide responses to questions raised by committee members during meetings. The full Audit and Risk Committee meets separately during closed sessions with management (including the Chief Executive Officer), internal audit and external audit at every scheduled quarterly meeting.

The Audit and Risk Committee assessed its effectiveness through the completion of an independent external evaluation process, during which results were discussed, actions taken and processes put in place to address areas identified for refinement.

Remuneration and Human Resources Committee

The Remuneration and Human Resources Committee activities are governed by the Terms of Reference (these were reviewed and approved atby the August 2017 Remuneration and Human Resources Committee meeting)board in February 2020). The purpose of the Committee is to assist the Board in discharging its oversight responsibilities relating to all compensation, including annual base salary, annual incentive compensation, long-term incentive compensation, employment, severance pay and ongoing perquisites or special benefit items and equity compensation of the Company’s executives, including the Chief Executive Officer as well as retention strategies, design and application of material compensation programmes and share ownership guidelines.

With respect to its mandate on human resources, the Committee has strategic oversight of matters relating to the development of the Company’s human resources with the main objective of creating a competitive human resource for the Group.

The committeeCommittee operates in an independent role, operating as an overseer with accountability to the board.Board. This is accomplished by:

Reviewing and approving corporate goals and objectives relevant to the compensation of the executive management team;Chief Executive Officer;
Evaluating the performance of the executive management teamChief Executive Officer in light of these goals and objectives annually and setting each executive’s compensation based on such evaluation;
Ensuring that the mix of fixed and variable pay, in base pay, shares and other elements of compensation meets the company’s requirements and strategic objectives;
Linking individual pay with operational and company performance in relation to strategic objectives;
Considering the sentiments and views of the company’s investors;
Overseeing and reviewing all aspects of any share option scheme operated by or to be established by the company;
Regularly reviewing incentive schemes to ensure continued contribution to shareholder value and ensure that these are administered in terms of the rules;
Regularly reviewing human resources strategy aimed at ensuring the supply and retention of sufficient skilled resources to achieve the company’s objectives;
Ensure that the remuneration policy and implementation report is put to a non-binding advisory vote at the general meeting of shareholders once every year; and
Review the outcome of the implementation of the remuneration policy to ensure that the set objectives are being achieved and fairness is addressed.

The current members of the Committee are:

Remuneration and Human
Resource Committee Members
MJ Kirkwood (ChairmanMDC Richter (Chairperson and independent NED)
NP January-Bardill (Independent NED)
SM Pityana (Board Chairman)
M RichterAM Ferguson (Independent NED)
S Zilwa (Independent (NED)
Number of meetings held from
January to December 20172019
Four
Other individuals who regularly
attended meetings
S VenkatakrishnanKPM Dushnisky (CEO)
TTR Sibisi (EVP: Group Human Resources)
M HopkinsP Wolstenholme representing PwC (Independent Advisor to the Committee)
SD Van Rensburg (VP: Group Remuneration and Benefits and Secretary to the Committee)
NED – Non-Executive Director


Remuneration Consultants

Where appropriate, the Committee obtains advice from independent remuneration consultants. The consultants are employed directly by the Committee and engage directly with them to ensure independence.

The Committee has appointed PwC to provide specialist, independent remuneration advice on all forms of executive and non-executive pay.

Mercer performs an independent bespoke executive survey and its advice is primarily around salary benchmarking for both executive and non-executive pay.





6D.    EMPLOYEES

The average number of attributable employees (including contractors) in the AngloGold Ashanti group over the last three financial years was:
2017
 2016
 2015
2019
 2018
 2017
Continental Africa15,786
 14,833
 13,593
South Africa26,245
 28,507
 28,325
7,870
 18,803
 26,245
Continental Africa13,593
 12,691
 11,942
Australasia974
 925
 836
Australia1,140
 1,051
 974
Americas(1)
8,511
 8,126
 8,432
8,114
 7,973
 8,511
Other, including corporate and non-gold producing subsidiaries2,157
 2,400
 2,731
1,353
 1,589
 2,157
Total*51,480
 52,649
 52,266
34,263
 44,249
 51,480
*The number of contractors employed on average during 20172019 was 15,40814,389.
(1)

Includes average number of employees at CC&V until the date of sale in August 2015.

Labour relations and collective bargaining

At AngloGold Ashanti, all employees have the right to freedom of association and collective bargaining, which we recognise and apply according to the applicable laws and regulations in each of the countriesjurisdictions in which we operate. Only our AustralasianAustralian operations do not have collective bargaining, as this is not recognised in Australia.

In the South AfricaAfrican region, the Chief Operating Officerin 2018 we concluded wage negotiations and the head of human resources briefsigned a three-year wage agreement with all managementemployee representatives (unions). The region has reduced its footprint, now with fewer employees regularly, and engage with the leadership of organised labour as necessary throughout the year. A forum is in place at which management and employees’ organised labour representatives meet regularly to discuss issues and act on employee-related matters, including the employee transition framework relatedcompared to the previous year, as an ongoing restructuring and divestment process has resulted in a reduction in the number of mines in the portfolio.

The focus in 2019 was on stabilising and consolidating the remaining business units in South African operations in 2017. Using this forum, AngloGold Ashanti engagedAfrica. This necessitated extensive consultation with employees on the various restructuring processes undertaken during the year, including the sale of certain mines. The initial restructuring process took place in early 2017 when a section 189(3) notice was issued in terms of the Labour Relations Act, to terminate the employment of an estimated 849 employees. After extensive engagement withour stakeholders, especially unions and regulators, all parties agreedand we were able to reduce the impact ofminimise job losses - by including voluntary severance packages and transfers. This resultedmaintain strong engagement with employees as confirmed in only 21 employees being dismissed for operational requirements. Additionally, following a review of various options to safely turn around the performanceresults of the loss-making operations, AngloGold Ashanti made the difficult decision to restructure certain South African business units. Consequently, further engagements were held with employees and their labour representatives - the unions and the DMR at national and regional level.2019 Employee Engagement Survey.

In Continental Africa - labour relations remained stable across the region and, despite labour disputes on salaries at our Malian operations and protracted wage negotiations at Siguiri, there were no production interruptions. The Company successfully completed annual wage negotiations for the period at all sites.region.

In Guinea, at Siguiri, annual2019 started with the obligatory biennial requirement to organize and conduct employee representatives’ elections (union elections). The workforce had then been informed of the renewal of the union delegation 45 days before the expiry of their term in accordance with the applicable legislation. The elections were successfully conducted on 8 February 2019. The elections were free and fair leading to the results being accepted by all contestants. Management and the union successfully concluded 2019 wage negotiations, ledreaching an unprecedented agreement for no salary increases for 2019 and 2020. However, management agreed to a one-off cash payment equivalent of 5% of the annual basic salary.

In Mali, the Sadiola labour relations climate continued to be troubled by the ongoing uncertainty relating to the conclusiondecision to place the mine in restricted exploitation, and to then suspend exploitation activities. Employee morale was low and a number of a one-year wage agreement.industrial actions were experienced during the year.

In Ghana, at Iduapriem, successfully concluded a two-year wage agreementsalary adjustment framework agreed with the Ghana Mineworkers Union (GMWU) in respect of 2016 and 2017. As part of the agreement, management and the union further committed to the development of a mid-2018, was successfully applied for 2019 wage/salary adjustment framework which would be a guide for future negotiations.bargaining unit employees.

In Tanzania, atthe third collective bargaining agreement 2019 between Geita management and the majority union reached an agreement(TAMICO) was signed on 19 November 2019. It marked another milestone towards building a compressed working-week shift roster effective from December 2017long-term relationship based on cooperation between employer and employees.
Geita operates with two trade unions, TAMICO and NUMET. Memberships status for TAMICO stands at 56%, while the minority trade union NUMET commands a one-year wage agreement implemented effective January 2017.

In Mali,3% membership in the mine labour relations climate was informed bybargaining unit (Paterson grades A-C4). The remaining 41% are non-members but still enjoy services of the uncertainty relating to the Sadiola sulphide project and a potential decision that would place the mine in limited operations and care and maintenance phase. The annual wage negotiations were successfully concluded and implemented effective January 2017.two trade unions mentioned above.

In the Americas region, annual wage negotiationsBrazil signed all 3 collective agreements (Nova Lima, Santa Bárbara and Crixás). However it faced some challenges in both Brazilrelation to the Santa Bárbara collective agreement, specifically with the union representatives, and ended up executing the agreement directly with the employees' council. CVSA, in Argentina, were successfully concludedcompleted the 2019 salaries negotiation in January 2020 (when inflation was known and agreements signedfinal % increase for 2019 was agreed) and after three prior adjustments made in the latter part of 2017.April, July and October 2019 (% increases).




6E.SHARE OWNERSHIP

DIRECTORS’ AND PRESCRIBED OFFICERS’ INTERESTS IN ORDINARY SHARES

The interests of directors and prescribed officers in the ordinary shares of the company at 31 December 20172019, which individually did not exceed 1one percent of the company’s issued ordinary share capital are included in the annual financial statements, see "Item 18: Note 32 - Related Parties - Directors’33-Related Parties-Directors’ and Prescribed Officers’ interests in AngloGold Ashanti shares"

A register detailing Directors and Prescribed Officers’ interests in contracts is available for inspection at the company’s registered and corporate office. See "Item 10H: Documents on Display".


CHANGE IN DIRECTOR’S AND PRESCRIBED OFFICER’S INTERESTS IN ANGLOGOLD ASHANTI SHARES SINCE 31 DECEMBER 20172019

Refer "Item 18: Note 3233 - Related Parties - Directors’ and Prescribed Officers’ interests in AngloGold Ashanti shares"


SHARE OWNERSHIP OF EXECUTIVE OFFICERS/EXECUTIVE MANAGEMENT

Under the Listings Requirements of the JSE, AngloGold Ashanti is not required to disclose, and it does not otherwise disclose or ascertain, share ownership of individual executive officers/executive management in the share capital of AngloGold Ashanti. However, toTo the best of its knowledge, AngloGold Ashanti believes that AngloGold Ashanti ordinary shares held by executive officers, in aggregate, do not exceed one percent of the company's issued ordinary share capital.


MINIMUM SHAREHOLDING REQUIREMENT FOR EXECUTIVES

With effect from March 2013, a minimum shareholding requirement (MSR) is applicable to all executives as indicated below:

Executive directors
Chief Executive Officer
Within three years of appointment (or for existing executives,executive director, from introduction of this rule) executive directors (CEO and CFO) aredirector is to accumulate a MSR of AngloGold Ashanti shares to the value of 100 percent of net annual base salary; and
At the end of six years, executive directors aredirector is to accumulate a MSR of AngloGold Ashanti shares to the value of 200 percent of net annual base salary (additional 100 percent MSR) which they will be required to hold on an on-going basis.
ItChief Financial Officer
Within three years of appointment (or for existing executive director, from the introduction of this rule), executive director is to be noted thataccumulate a MSR of AngloGold Ashanti shares to the CFO’s MSR percentage was amended to be aligned with the executive committee members MSR beingvalue of 75 percent for threeof net annual base salary; and
At the end of six years, andexecutive director is to accumulate a MSR of AngloGold Ashanti shares to the value of 150 percent for six years within the years of appointment.

net annual base salary (additional 75 percent MSR) which they will be required to hold on an on-going basis.
Executive Committee membersmembers:
Within three years of appointment (or for existing executives, from the introduction of this rule), Executive Committeeexecutive committee members are to accumulate a MSR of AngloGold Ashanti shares to the value of 75 percent of net annual base salary; and
At the end of six years, Executive Committeeexecutive committee members are to accumulate a MSR of AngloGold Ashanti shares to the value of 150 percent of net annual base salary (additional 75 percent MSR) which they will be required to hold on an on-going basis.

The table below summarises each executive director and executive committee member’s accomplishment of the MSR:
Executive 
Target
Achievement
Date
 Three Year MSR Target Achievement Percentage
 
MSR holding as at
31 Dec 2017
as % of net base pay

 
Six-year
MSR Target
Achievement Percentage

 
Six-year target
Achievement
Date
 MSR holding as at 31 December 2019 as percentage of net base pay Three-year MSR Target Achievement Percentage 
Six-year
MSR Target
Achievement Percentage
Executive Directors                
S Venkatakrishnan March 2016 100% 1,229% 200%
KPM Dushnisky March 2024 279% 100% 200%
KC Ramon March 2018 75% 188% 150% March 2021 507% 75% 150%
Prescribed Officers                
CE Carter March 2016 75% 239% 150%
SD Bailey(1)
 March 2025 81% 75% 150%
PD Chenard(2)
 March 2026 0%
 75% 150%
GJ Ehm March 2016 75% 387% 150% March 2019 321% 75% 150%
L Eybers(1)
 March 2020 75% 58% 150%
DC Noko March 2016 75% 519% 150%
LEybers March 2023 169% 75% 150%
S Ntuli(1)
 March 2025 34% 75% 150%
ME Sanz Perez March 2016 75% 405% 150% March 2019 532% 75% 150%
C Sheppard(2)
 March 2019 75% 35% 150%
TR Sibisi(3)
 March 2020 75% 21% 150% March 2022 155% 75% 150%

(1) 
Appointed prescribed officer with effect from 22 February 20171 January 2019 and the 3three year MSR achievement is only due in March 2020.2022.
(2) 
TheAppointed prescribed officer joined the companywith effect from 1 June 2015April 2019 and the 3three year MSR achievement is only due in March 2019.
(3)
The prescribed officer joined the company 18 January 2016 and the 3 year MSR achievement is only due in March 2020.2023.


Co-Investment Plan
To assist executives in meeting their MSR’s, with effect from February 2013, they were given the opportunity, on a voluntary basis, to participate in the Co-Investment Plan (CIP), and this has been adopted on the conditions below:

Executives will be allowed to take up to 50 percent of their after-tax cash bonus to participate in a further matching scheme by purchasing shares in AngloGold Ashanti, and the company will match their initial investment into the scheme at 150 percent, with vesting over a two-year period in two equal tranches. It is to be noted that due to implementation of the new incentive scheme, Deferred Share Plan in January 2018, the last CIP participation will be in 2018 in respect of the cash bonus for 2017 performance year.ANGLOGOLD ASHANTI SHARE INCENTIVE SCHEME

AngloGold Ashanti Share Incentive Scheme

AngloGold Ashanti operates aoperated several share incentive schemeschemes, the BSP, LTIP, CIP, and the DSP through which participating Executive Directors, members of the Executive Committee and other management groups of the company and its subsidiaries are given the opportunity to acquire shares in the company. The intention of the incentive scheme is to ensure that the medium to long termlong-term interests of the executive and shareholders are aligned, providing rewards to the executives and wealth creation opportunities to the shareholders when the strategic performance drivers are achieved.

Non-Executive Directors are not eligible to participate in theany share incentive scheme.


Employees participate in the share incentive scheme to the extent that they are granted options or rights to acquire shares and accept them. All options or rights which have not been exercised within ten10 years from the date of grant, automatically expire.

The incentives offered by AngloGold Ashanti are reviewed periodically to ensure that they remain globally competitive, so as to attract, motivate and retain managers of the highest calibre. As a result, several types of incentives, each with their own issue and vesting criteria, have been granted to employees. These are collectively known as the “AngloGold Ashanti Share Incentive Scheme” or “Share Incentive Scheme”.

Although the Remuneration and Human Resources CommitteeRemco has the discretion to incentivise employees through the issue of shares, only options or awards have so far been granted.

The type and vesting criteria of the options or awards granted are:

Bonus Share Plan (BSP)

The granting of awards in termsPrior to the implementation of the DSP in January 2018, AngloGold Ashanti granted awards under the BSP, which was approved by shareholders at the Annual General Meeting held on 29 April 2005. The Schemescheme has undergone a number of changes, each approved by the shareholders. Currently, eachEach award made in respect of the BSP entitles the holder to acquire one ordinary share at “nil” cost, provided that the participant remains in the employ of the company at the date of vesting unless an event, such as death, retirement or redundancy occurs, which may result in a pro-rata allocation of awards and an earlier vesting date.

TheUnder the scheme, the Executive Committee members receivereceived an annual matching allocation of 150 percent of their cash bonus while all other participating employees receive areceived an annual matching allocation of 120 percent matching.of their cash bonus. The vesting period runs over a two yearsyear period with 50 percent vesting 12 months after the date of issue and the remaining 50 percent vesting 24 months after the date of issue.

Due to the implementation of the new incentive scheme, Deferred Share Plan in January 2018, approved by shareholders at the May 2017 Annual General Meeting, there will be no furtherThe last shares allocatedallocation under the BSP, scheme to eligible participants. The last allocation will bewhich became fully vested in February 2020, was made in February 2018 in respect of the 2017 performance year.year due to the implementation of the new incentive scheme, the DSP, in January 2018.

Long Term Incentive Plan (LTIP)

The granting of awards in termsPrior to the implementation of the DSP in January 2018, AngloGold Ashanti granted awards under the LTIP, which was approved by shareholders at the Annual General Meeting held on 29 April 2005. Executive directors and selected senior management arewere eligible for participation. Each award made in respect of the LTIP entitlesentitled the holder to acquire one ordinary share at “nil” cost. Awards granted vestvested in three years from the date of grant, to the extent that the set company performance targets, under which the awards were made, arewere met, and provided that the participant remainsremained in the employ of the company at the date of vesting, unless an event, such as death, retirement or redundancy occurs,occurred, which may resulthave resulted in a pro-rata allocation of awards and an earlier vesting date.

The last share allocation under the LTIP scheme was made in 2017 as cash and or share settled awards. There has not been any allocation under the LTIP scheme since 2017 due to the implementation of the new incentive scheme, the DSP, in January 2018. On 18 February 2020, the Remco approved that the awards granted in 2017 be settled as 50% cash settled and 50% share settled through an AngloGold Ashanti on market share purchase.

Co-investment plan

Prior to the implementation of the Deferred Share Plan (DSP) in January 2018, with effect from February 2013, AngloGold Ashanti operated a co-investment in order to assist our executives in meeting the MSR. Our executives were given the opportunity, on a voluntary basis, to participate in the Co-Investment Plan (CIP), on the conditions below:

Executives were allowed to take up to 50 percent of their after-tax cash bonus and participate in a further matching scheme by purchasing shares in AngloGold Ashanti and the company offered an equity matched their initial investment into the scheme at 150 percent of the equity originally invested, with vesting over a two-year period in two equal tranches provided the executives remained in employment and retained the original investment. Due to the implementation of the new incentive scheme in January 2018, the DSP, the last CIP participation took place in 2018 in respect of the cash bonus for the 2017 performance year. The final company matching investment will be made in 2020 for the executives who participated in 2018.

Deferred Share Plan in February 2018, approved by shareholders at the(DSP)

On 16 May 2017, Annual General Meeting, there will be no further shares allocated underthe shareholders approved the introduction of the DSP to replace the BSP, the LTIP scheme.and the CIP with effect from 1 January 2018. The DSP is a single incentive scheme for short-term and long-term performance. Under the DSP, a portion of each award is paid in cash as a bonus and the balance is delivered as either deferred cash or deferred shares (ordinary shares), vesting equally over a period of two, three or five years, depending on the level of the participant. The deferred shares are awarded as conditional rights to shares with dividend equivalents. The total incentive is determined based on a combination of company and individual performance measures, defined annually, and weightings are applied to each measure. The metrics are defined against the objectives that most strongly drive company performance and are weighted to financial outcomes, production, cost and sustainability. Each metric is weighted and has a threshold, target and stretch definition related to the company budget and the desired stretch targets for the year. Below threshold achievement results in no payment. At the end of each financial year, the Company and the CEO, CFO and EVP/COO’s performance is assessed by the Remco and the Board against the defined metrics to determine the quantum of the cash portion and the quantum of the deferred portion as a percentage of base salary as follows:

 Cash
Shares
Total Incentive
Cash
Shares
Total Incentive
Cash
Shares
Total Incentive
LevelThreshold AchievementOn Target AchievementMaximum Achievement
CEO50.00%
100.00%
150.00%
100.00%
200.00%
300.00%150.00%
300.00%
450.00%
CFO42.50%92.50%135.00%85.00%185.00%270.00%127.50%277.50%405.00%
EVP/COO37.50%87.00%124.50%75.00%174.00%249.00%112.50%261.00%373.50%

CEO means Chief Executive Officer.
CFO means Chief Financial Officer.
EVP/COO means Executive Vice President/Chief Operating Officer.

One set of performance metrics is used to determine the cash portion and deferred portion. Future vesting of the deferred portion is subject to continued employment. Performance measures are weighted between company and individual key performance indicators (KPIs), as follows:
LevelCompany performance weightingIndividual performance weighting
CEO70.00%30.00%
CFO60.00%40.00%
EVP/COO60.00%40.00%




Company and individual performance measures are assessed over each financial year, with the exception of certain company measures that are measured over a trailing three-year basis. The first allocation under the DSP was made in February 2019 in respect of the 2018 performance year. For further information about the DSP, see Exhibit 19.4.1.3.


PARTICIPATION BY EXECUTIVE DIRECTORS, EXECUTIVE MANAGEMENT AND OTHER MANAGERS IN THE ANGLOGOLD SHARE INCENTIVE SCHEME

For details of the optionsshare-based awards and rights to subscribe for ordinary shares in theeach company granted to, and exercised by, executive directors, executive management and other managers on an aggregate basis during the year to 31 December 20172019 and subsequent to year end up to 1619 March 2018,2020, see "Item 18: Note 32 - Related Parties - DirectorsFinancial Statements-Note 33-Related Parties-Directors and other key management personnel - Number of options and awards granted"personnel".

NUMBER OF SHARE AWARDS GRANTED UNDER
PARTICIPATION BY EMPLOYEES IN THE ANGLOGOLD SHARE INCENTIVE SCHEMES DURING 2017 AND UP TO 28 FEBRUARY 2018SCHEME

In accordance with the JSE Listings Requirements and the rulesFor details of the AngloGold Share Incentive Scheme, the changes inshare-based awards granted and therights to subscribe for ordinary shares issued as a result ofin the exercise of awardscompany granted to, and exercised by, employees on an aggregate basis during the period 1 January 2017year to 28 February 2018 are disclosed below:
  
Bonus Share Plan(1)

 
Long-Term Incentive Plan(1)(2)

At 1 January 2017 4,198,285
 4,435,368
Movement during the year    
Granted
 1,926,549
 
Exercised
 (1,426,554) (404,301)
Lapsed/forfeited
 (218,601) (1,512,857)
At 31 December 2017 4,479,679
 2,518,210
Subsequent to year-end    
Exercised
 (64,165) (7,344)
Lapsed/forfeited
 (19,995) (5,593)
At 28 February 2018 4,395,519
 2,505,273

(1)31 December 2019, see "Item 18: Financial Statements-Note 11-Share-based payments".
BSP and LTIP awards granted at nil cost to participants.
(2)
Includes Share Retention Bonus Scheme awards.

Due to the limited number of shares available as a result of a diminishing share pool there were insufficient shares available to do the LTIP allocation in 2017.

The table below reflects the total number of awards that are available for issue in terms of the share incentive scheme:
2017 Awards
At 1 January1,252,708
Bonus Share Plan awards granted(1,926,549)
Lapsed/Forfeited - Bonus Share Plan218,601
Lapsed/Forfeited - Long Term Incentive Plan1,512,857
At 31 December
1,057,617



ITEM 7: MAJOR SHAREHOLDERS AND RELATED PARTY TRANSACTIONS

Overview

Description of AngloGold Ashanti’s share capital

AngloGold Ashanti’s share capital consists of four classes of stock:

Ordinary shares, par value 25 South African cents each (the “ordinary shares”);
A redeemable preference shares, par value 50 South African cents each (the “A preference shares”);
B redeemable preference shares, par value 1 South African cent each (the “B preference shares”); and
C redeemable preference shares of no par value (the “C preference shares”).

The authorised and issued share capital of AngloGold at 31 December 20172019 is set out below:
Title of class Authorised
 Issued
 Authorised
 Issued
Ordinary shares 600,000,000
 410,054,615
 600,000,000
 415,301,215
A preference shares 2,000,000
 2,000,000
 2,000,000
 2,000,000
B preference shares 5,000,000
 778,896
 5,000,000
 778,896
C preference shares 30,000,000
 0
 30,000,000
 0

All the issued ordinary shares, A redeemable preference shares and B redeemable preference shares are fully paid and are not subject to further calls or assessment by AngloGold Ashanti. For a discussion of rights attaching to the ordinary shares, the A redeemable preference shares, the B redeemable preference shares and the C redeemable preference shares, see “Item 10B: Memorandum of Incorporation”.

The following are the movements in the ordinary issued share capital at 31 December:

Ordinary shares
 
Number of
Shares

 Rand
 
Number of
Shares

 Rand
 
Number of
Shares

 Rand
 
Number of
Shares

 Rand
 
Number of
Shares

 Rand
 
Number of
Shares

 Rand
 2017 2016 2015 2019 2018 2017
At 1 January 408,223,760
 102,055,940
 405,265,315
 101,316,329
 404,010,360
 101,002,590
 412,769,980
 103,192,498
 410,054,615
 102,513,654
 408,223,760
 102,055,940
Issued during the year:                        
Exercise of options by participants in the AngloGold share Incentive Scheme 1,830,855
 457,714
 2,958,445
 739,611
 1,254,955
 313,739
 410,054,615
 102,513,654
 408,223,760
 102,055,940
 405,265,315
 101,316,329
Exercise of options by participants in the AngloGold Share Incentive Scheme 2,531,235
 632,809
 2,715,365
 678,844
 1,830,855
 457,714
31 December 2019 415,301,215
 103,825,307
 412,769,980
 103,192,498
 410,054,615
 102,513,654

During the period 1 January 20182020 to and including 19 March 2018, 683,5442020, 740,448 ordinary shares were issued at an average issue price of R178.70R152.70 per share, resulting in 410,738,159416,005,663 ordinary shares being in issue at 19 March 2018.2020.

Redeemable preference shares

The A and B redeemable preference shares, all of which are held by Eastvaal Gold Holdings Limited, a wholly owned subsidiary of AngloGold Ashanti, may not be transferred and are redeemable from the realisation of the assets relating to the Moab lease area after the cessation of mining operations in the area. The shares carry the right to receive dividends equivalent to the profits (net of royalty, ongoing capital expenditure and taxation) from operations in the area. No further A and B redeemable preference shares will be issued.

Ashanti. The C redeemable preference shares have no par value but have the same rights as the B preference shares save that the C preference shares rank after the B preference shares (but prior to the A preference shares) as regards the payment of dividends, redemption proceeds and payment on winding up of the company. The process to cancel all the A, B and C redeemable preference shares is ongoing.






7A.    MAJOR SHAREHOLDERS

According to information available to the directors, the following are the only shareholders or their associates holding, directly or indirectly, in excess of 5five percent of the ordinary issued share capital of the company:
Ordinary shares held at 31 December 2017 31 December 2016 31 December 2015 31 December 2019 31 December 2018 31 December 2017
Shareholder* 
Number of
Shares

 
Percent
Voting
Rights
 
Number of
Shares

 
Percent
Voting
Rights
 
Number of
Shares

 
Percent
Voting
Rights
 
Number of
Shares

 
Percent
Voting
Rights
 
Number of
Shares

 
Percent
Voting
Rights
 
Number of
Shares

 
Percent
Voting
Rights
BlackRock Inc. 38,926,159
 9.49 42,966,540
 10.53     41,236,154
 9.93 32,926,713
 7.98 38,926,159
 9.49
Public Investment Corp. of South Africa 25,808,607
 6.29 25,580,542
 6.27 25,936,314
 6.40 30,439,075
 7.33 25,395,823
 6.15 25,808,607
 6.29
Van Eck Global   24,485,374
 6.00 26,941,752
 6.65 27,375,511
 6.59 52,402,004
 12.70   
Investec Asset Management (Pty) Limited (South Africa)     31,185,069
 7.69
Paulson & Co., Inc     25,027,300
 6.18
Dimensional Fund Advisors     20,901,571
 5.16

* Shares may not necessarily reflect the beneficial shareholder.

At 31 December 2017,2019, a total of 159,347,405159,694,660 shares (or 3938 percent of issued ordinary share capital) were held by The Bank of New York Mellon, as Depositary for the company’s American Depositary Receipt programme. Each American Depositary Share (ADS) is equivalent to one ordinary share. At 31 December 2017,2019, the number of persons who were registered holders of ADSs was reported at 2,423.2,197. AngloGold Ashanti is aware that many ADSs are held of record by brokers and other nominees, and accordingly the above numbers are not necessarily representative of the actual number of persons who are beneficial holders of ADSs or the number of ADSs beneficially held by these persons.

All shareholders have the same voting rights.

As at 31 December 2017,2019, there were 11,92511,837 holders on record of AngloGold Ashanti ordinary shares. Of these holders 447492 had registered addresses in the United States and held a total of 56,677,31680,410,115 ordinary shares, 13.8219.36 percent of the total outstanding ordinary shares. In addition, certain accounts on record with registered addresses outside the United States, including The Bank of New York Mellon, hold AngloGold Ashanti ordinary shares, in whole or in part, beneficially for United States persons.

At 19 March 2018,2020, a total of 164,571,109152,540,560 ADSs or 4037 percent of total issued ordinary share capital were issued and outstanding and held on record by 2,4022,174 registered holders.

Insofar as is known to AngloGold Ashanti, there was no person who, directly or indirectly, jointly or severally, exercised or could exercise control over AngloGold Ashanti, nor is AngloGold Ashanti aware of any arrangements which might result in a change in control of AngloGold Ashanti.

7B.    RELATED PARTY TRANSACTIONS

The Company had the following transactions with related parties during the year ended 31 December 2017:2019:
At 31 December

20172019
(in millions)million)
Purchases from
related party


 $
Purchases of goods and services from related parties 
Rand Refinery (Pty) Limited118
Margaret Water Company54
Société d’Exploitation des Mines d’Or de Sadiola S.A.31
 1913

Amounts due by joint ventures and associates arising from purchases of goods and services are unsecured and non-interest bearing.
At 31 December20172019
(in millions)million)
Sales and
services
rendered to
related parties


 $
Sales and services rendered to related parties 
Société d’Exploitation des Mines d’Or de Sadiola S.A.Rand Refinery (Pty) Limited619
Société d’Exploitation des Mines d’Or de Yatela S.A.Mali joint ventures5
Gramalote2
Gramalote4
1226

As at 31 December 20172019 the outstanding balances arising from the sale of goods and services due by related partiesassociates and joint ventures is $9m.$20 million.

As at 31 December 20172019 there are no outstanding balances arising from loans owed to related parties.






7C.    INTERESTS OF EXPERTS AND COUNSEL

Not applicable.

ITEM 8: FINANCIAL INFORMATION


8A.    CONSOLIDATED FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

See “Item 18: Financial statements”Statements”.



LEGAL PROCEEDINGS

There is no material proceeding in which a director, officer or affiliate of AngloGold Ashanti is either a party adverse or has a material interest adverse to the company.

In addition to the proceedings described below, the company becomes involved, from time to time, in various claims, legal proceedings and complaints incidental to the ordinary course of its business.

TAX MATTERS

The State of Minas Gerais v. Mineração Serra Grande S.A. (MSG): In Brazil, MSG received a tax assessment in October 2003 from the State of Minas Gerais related to VAT on gold bullion transfers. The tax administrators rejected the company’sMSG’s appeal against the assessment. The companyMSG is now appealing the dismissal of the case to the State Court of Minas Gerais. The assessment is approximately $13.6$12 million. Any possible payment by MSG would be set off by an indemnity from Kinross Gold Corporation (Kinross) of $8.4 million.$7.5 million provided for as part of the company’s acquisition of Kinross’ interest in MSG in 2012. The matter is currently pending in the State Court of Minas Gerais.

Brazilian tax authorities v. AngloGold Ashanti BrazilCórrego do Sítio Mineração (AABM):SA: AngloGold Ashanti’s subsidiaries in Brazil, including AABM,AngloGold Ashanti Córrego do Sítio Mineração SA (formerly AngloGold Ashanti Brasil Mineração Ltda), are involved in various disputes with the Brazilian tax authorities. These disputes date back to 2007 and involve federal tax assessments including income tax, royalties, social contributions, VAT and annual property tax. In December 2017, new VAT assessments (totalling $14 million) were received. Collectively, the total possible amount involved across all disputes is approximately $24$25 million.

Notice from the Colombian Tax Office (DIAN) tov. AngloGold Ashanti Colombia S.A. (AGAC) and Gramalote Colombia Limited (Gramalote):In January 2013, AGAC received notice from the DIAN that it disagreed with the company’s tax treatment of certain items in the 2010 and 2011 income and equity tax returns. On 23 October 2013, AGAC received the official assessments from the DIAN which established that an estimated additional tax of $21$20 million will be payable if the tax returns are amended. Penalties and interest for the additional taxes are expectedmay amount to be $129$125 million. The company believes that the DIAN has applied the tax legislation incorrectly. AGAC subsequently challenged the DIAN’s ruling by filing lawsuits in March 2015 and April 2015, before the Administrative TribunalCourt of Cundinamarca (the trial court for tax litigation). Closing arguments on the 2010 and 2011 tax disputedisputes were presented in February and June 2017, and judgement is pending. The2017. On 23 April 2018, the Administrative Tribunal may take 12 monthsCourt denied AGAC’s arguments with respect to deliver its decision and if an appeal from either party is sought, athe 2011 income tax litigation. AGAC subsequently appealed this judgment to the Supreme Court of Colombia. A final judgement could take several years. A determination by the Administrative Court with respect to the 2010 income tax litigation is still pending.

In January 2018, AGAC received notice from the DIAN that it also disagreed with AGAC’s 2013 income and equity tax returns on the same basis as the 2010 and 2011 returns, calculating additional tax, along with penalties and interest, of $9 million. On 13 March 2020, AGAC filed a lawsuit before the Administrative Court of Cundinamarca challenging the DIAN’s 2013 assessment. The matter is currently pending. In May 2019, AGAC received notice from the DIAN that it also disagreed with AGAC’s 2014 income and equity tax returns on the same basis as the 2010, 2011 and 2013 returns, calculating additional tax, along with penalties and interest, of $7 million.

In February 2019, Gramalote received notice from the DIAN that it disagreed with its 2013 income and equity tax returns on the same basis as the abovementioned AGAC returns, calculating additional tax, along with penalties and interest, of $9 million which was confirmed in its official assessment issued on 24 January 2020. Gramalote has until 10 June 2020 to file a lawsuit to challenge this official assessment before the administrative courts. In addition, in March 2019, Gramalote received notice from the DIAN that it disagreed with its 2014 income and equity tax returns on the same basis as its 2013 returns, calculating additional tax, along with penalties, of approximately $3 million. In October 2019, the DIAN issued the official assessment for 2014 confirming this amount. On 23 December 2019, Gramalote filed a motion for reconsideration before the DIAN.

The total amount claimed by the DIAN, related to the above tax matters, amounts to $164 million of which $144 million relates to penalties and interest.

Argentina Tax Authority (AFIP) andv. Cerro Vanguardia S.A. (CVSA):: On 12 July 2013, CVSA received a notification from the AFIP requesting corrections to the 2007, 2008 and 2009 income tax returns of about $6$1.8 million relating to the non-deduction of tax losses previously claimed on hedge contracts. The AFIP is of the view that the financial derivatives could not be considered as hedge contracts, as hedge contract losses could only be offset against gains derived from the same kind of hedging contracts.Penalties and interest on the disputed amounts are estimated at a further $21$8.2 million. CVSA and AFIP have corresponded on this issue over the past several years, and the government continuesArgentinian tax authorities continue to assert itstheir position regarding the use of the financial derivatives. CVSA filed an appeal with the Tax Court on 19 June 2015, and the parties submitted their final reports in July 2017. The matter is pending with the Tax Court.


Ghanaian tax authorities v. AngloGold Ashanti (Ghana) Limited (AGAG):: In Ghana, AGAGreceived tax assessments of $28$4.4 million as of 31 December 20132018 in respect of the 2006-2008 and 2009-20112004-2014 tax years, following an audit by the Ghanaian tax authorities related to withholding taxes on payments to non-resident persons. AGAG raised objections with the Ghanaian tax authorities and believes that the withholding taxes were not properly assessed and has lodged an objection to the assessment. In 2012,assessed. On several occasions, most recently in 2017, AGAG met with the Commissioner-General of the Ghana Revenue Authority and provided its position in writing together with the relevant supporting documentation. AGAG has yet to receive a response from the Commissioner-General. Nonetheless, in 2015 the tax authorities again raised the issue of paying withholding taxes as part of their findings covering the 2012 - 2014 tax years. AGAG raised objections with the tax authorities.

SOUTH AFRICA

Silicosis and tuberculosis litigation: On 03 March 2011, in Mankayi vs. AngloGold Ashanti, the Constitutional Court of South Africa held that section 35(1) of the Compensation for Occupational Injuries and Diseases Act, 1993 does not cover an “employee” who qualifies for compensation in respect of “compensable diseases” under the Occupational Diseases in Mines and Works Act, 1973 (ODMWA). This judgement allows such qualifying employee to pursue a civil claim for damages against the employer. Following the Constitutional Court decision, AngloGold Ashanti has become subject to numerous claims relating to silicosis and other Occupational Lung Diseases (OLD), including class actions and individual claims.

In November 2014, Anglo American South Africa, AngloGold Ashanti, Gold Fields Limited, Harmony Gold Mining Company Limited and Sibanye Gold Limited formed an industry working group on OLD (OLD Working Group) to address issues relating to compensation and medical care for occupational lung disease in the gold mining industry in South Africa. The working group now also includes African Rainbow Minerals (ARM). The OLD Working Group remains of the view that achieving a comprehensive solution which is both fair to past, present and future employees, and sustainable for the sector, is preferable to protracted litigation.


August 2013, AngloGold Ashanti, along with several other mining companies, including Anglo American South Africa, ARM, Gold Fields Limited, Harmony Gold Mining Company Limited, DRDGold Limited, Randgold and Exploration Company Limited, and Sibanye Gold Limited, werewas served with a consolidated class action application on 21 August 2013. On 13application. In May 2016, the South Gauteng High Court of South Africain Johannesburg ruled in favour of the applicants and found that there were sufficient common issues to certify two industry-wide classes: a Silicosis Class and a Tuberculosis Class. On 03 June 2016, AngloGold Ashanti, together with certainIn May 2018, settlement of the other mining companies, filed an application withconsolidated class action litigation was reached. The settlement agreement in relation to this silicosis and tuberculosis class action came into effect on 10 December 2019, following the approval of the settlement by the High Court in Johannesburg in July 2019. As a result, a trust (Tshiamiso Trust) was established for leavea minimum of 13 years responsible for making payments to appeal toeligible beneficiaries. The amount of monetary compensation will vary depending on the Supreme Court of Appeal (SCA). On 13 September 2016, the SCA granted the mining companies leave to appeal the entire High Court ruling to the SCA.

Settlement negotiations between the OLD Working Groupnature and legal representativesseriousness of the Silicosis Classdisease. As of 31 December 2019, AngloGold Ashanti has recorded a provision of $65 million to cover the estimated settlement costs and the Tuberculosis Class have reached an advanced stage. On 10 January 2018, in response to a postponement request from all parties involved in the appeal due to the advanced stage of settlement negotiations, the Registrarrelated expenditure of the SCA postponed the hearing date until further notice.

It is possible that additional class actions and/or individual claims relating to silicosis and/or other OLD will be filed against AngloGold Ashanti in the future. AngloGold Ashanti will defend all current and subsequently filed claims on their merits. Should AngloGold Ashanti be unsuccessful in defending any such claims, or in otherwise favourably resolving perceived deficiencies in the national occupational disease compensation framework that were identified in the earlier decision by the Constitutional Court, such matters would have an adverse effect on its financial position, which could be material.litigation.

COLOMBIA

Santa María-Montecristo and La Colosa class action lawsuitslawsuits:: Four (4) class Class action lawsuits are pending in relation to each of AngloGold Ashanti Colombia S.A.’s (AGAC) Santa Maria-MontecristoMaría-Montecristo and La Colosa projects. Each lawsuitof the two lawsuits aims to stop exploration and mining in certain restricted areas affected by the projects due to environmental concerns or alleged breachesconcerns.

In respect of environmental laws.   Inthe Santa María-Montecristo class action lawsuit, in September 2011, the Administrative Court of Tolima granted one of these lawsuits, the court granted the plaintiffplaintiffs a preliminary injunction in September 2011, suspending theAGAC’s mining concession contracts of the Santa Maria-Montecristoin relation to this project. TheAGAC has challenged this injunction, nevertheless, it remains in place during the course of the court proceedings. On 30 May 2019, the Administrative Court of Tolima ruled that a technical study be prepared to define the places in which mining activities could be performed in the Combeima canyon without posing any threat to the water reservoirs of Ibagué, the capital of the Tolima department. AGAC’s appeal of this ruling was admitted and is currently pending before the Council of State of Colombia (the highest court for administrative matters). The order to prepare the technical study has been challengedtemporarily suspended pending resolution by AGAC; however, itthe Council of State. If AGAC’s appeal before the Council of State is not successful, the company may have to perform a critical path item fortechnical study in respect of the project.Combeima canyon. If the results of the study are unfavourable, certain development activities at the Santa María-Montecristo project may be suspended.

The consolidated La Colosa class action lawsuit originally consisted of four separate class actions. In another lawsuit,relation to this project, on 10 October 2016, Tolima’s Administrative Court ordered that a technical study be prepared by April 2017 by a panel of seven (7) experts (selected by the plaintiff, AGAC, universities, the Colombian government and an NGO) to determine whether the La Colosa Projectproject presents a “threat” to the environment during its exploration phase. AGAC successfully appealed the order to prepare the technical study and the order has been temporarily suspended, pending resolution by the State Council (appellate court). In another of the lawsuits, onOn 4 December 2017, Ibague’sIbagué’s Third Administrative Court ordered that aanother technical study, similar to the one described onin the October 2016 order, be prepared for the La Colosa Project.project. AGAC also intendsappealed both orders. On 6 September 2018, Tolima’s Administrative Court consolidated all class actions in relation to the La Colosa project into one single class action lawsuit which is currently pending before the Council of State. The orders to prepare the technical studies have been temporarily suspended pending resolution by the Council of State. If AGAC’s appeal this order.before the Council of State is not successful, the company may have to perform one or more technical studies in relation to the La Colosa project. If the studies were to conclude that a “threat” exists, certain development activities at the La Colosa project may be suspended.

While the plaintiffs in all four casesthese class actions have petitioned the courts to cancel the La Colosa and/or Santa María-Montecristo mining concession contracts, for the mining projects, the company believes that courts and judgesthe judiciary system in Colombia dodoes not have the authority to order such cancellations. Such power, by law, vests solely in the Colombian government which, through the relevant Colombian mining authority, whichauthorities, has the discretion to declare concessions void if a contractorconcession holder breaches applicable environmental laws or regulations. To date, the company is not aware of theThe Colombian government, having ever declaredas the authority granting the mining concession contracts, is also a concession void fordefendant in these reasons.class action lawsuits together with AGAC. AGAC continues to oppose, through a variety of integrated legal and political strategies, the class action lawsuits that have been filed against it. IfHowever, if plaintiffs prevail and AGAC’sAGAC is unable to perform its core concession contracts are cancelled,as a result of the judicial decision, the company would be required to abandon the La Colosa Project and all of AGAC’s other existing mining concession contracts and pending proposals for new mining concession contracts, would also be cancelled. Given the inherent legal and factual uncertainties with respect to the pending claims, no reliable estimate can be made for the obligation.project and/or Santa María-Montecristo project.

Cortolima’s injunction against AGACAngloGold Ashanti Colombia S.A. (AGAC):: On 11 March 2013, Cortolima, a regional environmental authority in Colombia,the Tolima department, issued a regulatory injunction against AGAC alleging, among other things, that in relation to certain of AGAC’s La Colosa explorationmine design-related activities AGAC (1) did not provide timely notice toin the government prior to performing certain exploration activities and (2)municipality of Piedras, AGAC engaged in drilling and other activities that could have negative effects on the environment. On 22 MarchThe injunction did not include any allegation that AGAC’s actions actually caused any environmental damages in Piedras. AGAC’s challenge of the injunction was unsuccessful before Cortolima. In August 2013, AGAC challengedinitiated legal proceeding before the injunction,Council of State of Colombia (the highest court for administrative matters) seeking an annulment of the action and theinjunction as well as restoration of AGAC’sits rights to continue exploration its

activities in the area. The requestIn November 2019, the Council of State ruled that the competent judicial authority to annuldecide on this matter is the injunction was denied byAdministrative Court of Tolima and referred the Director of Cortolima, and AGAC is continuing with its planscase to challenge the injunction through a variety of legal actions. On 31 August 2013, AGAC presented before the State Council its claim for the annulment and rights re-establishment.that court. This matter is currently pending. While the injunction remainsThe company expects that a final resolution of this matter will include payment of a penalty by AGAC in place, AGACan amount that is not ableexpected to engage in certain of its activities related to the La Colosa Project.
be material.

Piedras and Cajamarca popular consultations:: In 2013, the Council forlocal council of the city of Piedras, near the La Colosa Project, issuedproject, organised a referendum attemptingpopular consultation to ban all mining activities in Piedras.  This referendum doesPiedras (Piedras popular consultation), the result of which was validated by the Administrative Court of Tolima as part of an administrative procedure. Although the Piedras popular consultation did not have an immediate impact on the La Colosa Project, however,project (due to its distant location from the project), AGAC believes this referendum isthe Piedras popular consultation was in violation of federal law.  The referendum was subsequently validated by the local administrative courtnational law in Tolima (the Department in which Piedras is located).Colombia. In 2013, AGAC subsequently filed a request for annulment of the referendum with the Second Administrative Court of Ibaque and a tutela‘tutela’ action (a legal action alleging a violation of AGAC’s constitutional rights) with the Council of State Council (Supreme Courtof Colombia (the highest court for administrative purposes)issues). On 21 AugustIn 2014, AGAC’s ‘tutela’ action was dismissed by the State Council dismissed the tutela actionof State for lack of standing which AGEAC appealed to a different division of the State Council. On 11 December 2014, this State Council division affirmed the earlier dismissal on the grounds that AGAC did not have mining tenements in Piedras. However,In addition, in the same ruling the court recognised that Piedras did not follow the correct procedure when it issued the 2013 referendum. AGAC’s2015, AGAC filed a request for annulment of the referendumadministrative acts adopted by the local authorities in furtherance of the results of the Piedras popular consultation, which was rejected by the Second Administrative Court of Ibagué. AGAC’s appeal of this ruling is pending.currently pending before the Administrative Court of Tolima which will have to decide on this matter in light of the recent ruling of the Constitutional Court on popular consultations described below.

On 26In March 2017, the residents of the municipality of Cajamarca also voted in a popular consultation to disapprove mining projects in the municipality, including the La Colosa.Colosa project (Cajamarca popular consultation). However, the Mining Minister of Colombia subsequently publicly confirmed that Cajamarca’s vote does not apply retroactively so it doesimplying the Cajamarca popular consultation did not have an immediate impact on AGAC’s rights with respect to the La Colosa Project.  On 27project.  In April 2017, AGAC nevertheless suspended all exploration activities at the La Colosa Projectproject until there is more certainty about mining activity in Colombia. On 11 October 2018, the Colombian Constitutional Court issued ruling SU-095-2018 stating that local municipalities or regions were not entitled to veto mining activities through popular consultations. The Constitutional Court also ordered the national legislative body, the Congress of Colombia, to enact a law within two years to ensure that local communities and groups are adequately consulted in the approval of mining activities in accordance with specific criteria set out in its ruling. Subsequently, a group of citizens submitted an annulment claim before the Administrative Court of Cundinamarca to cancel AGA’s mining contract in Cajamarca on the grounds of the results of the Cajamarca popular consultation. The annulment claim was admitted on 11 December 2019 and is currently pending before Cundinamarca’s Administrative Court which will have to decide on this matter in light of the abovementioned ruling of the Constitutional Court.

La Colosa Human Rights LitigationLitigation:: In November 2014, the Personero (Ombudsman) of IbaqueIbagué, the capital of the Tolima department, filed suita petition against the Colombian government before the Inter-American Commission on Human Rights (Commission), based in Washington, D.C., for alleged human rights violations protected by the American Convention on Human Rights (Convention) which has been ratified by Colombia along with many other Central and South American countries. The Commission has the power to refer a case to the Inter-American Court of Human Rights. This CourtRights (Court) which is an autonomous judicial institution based in San José, Costa Rica whose purpose is the application and interpretation of the American Convention on Human Rights (Colombia, along with many other Central and South American countries, has ratified this Convention).Convention. The suitpetition alleges that the Colombian government has faileddenied justice to protect the interestsPersonero as a result of the peoplefailure of Ibaque by issuing permits to AGAC for the La Colosa project and by failingColombian judiciary to resolve the issues raised in two class actions that have been pending for an extendedfiled by him before the local Colombian administrative courts within a reasonable period of time. Although AGAC is not a party to the suit, its outcome is nevertheless important to the development of the La Colosa project. The first step inCommission currently has not accepted nor referred the litigation process is forcase to the Court to decide whether to accept the case.Court. If the case iswould be accepted or referred in the future, the Colombian government will have to defend itself against the lawsuit and will be bound by the findings of the Court. AGAC continues to regularly follow-upfollow up with the Colombian government for updates.

Paramo Delimitation:Delimitation: In November 2016, the Colombian government issued Resolution 1987 which delineatesdelineating certain wetlands or moorlands as environmentally important and establishes protected areas, andwhich designation includes certain areas in and around the La Colosa Project.project. In these areas there are limitations, or in some instances outright bans, on mining and mining-related activities. These limitations and bans could potentiallyadversely impact the design, operations and production of the mining project at the La Colosa Project.project. On 12 June 2017, AGAC filed suit against the Colombian Ministry of the Environment in the Administrative TribunalCourt of CajamarcaCundinamarca to challenge the paramo delimitationannul Resolution 1987 on technical and other grounds. The lawsuit was admitted on 30 April 2019. The Ministry of the Environment, as defendant in this action, is pending admission.expected to file its response to the annulment claim.

Zonte MetalsMetals:: A Canadian junior mining company, Zonte Metals, filed applications for title to certain corridors, or small slivers of land, overlaying sections of the Gramalote project. The Secretary of Mines of Antioquia, the department in Antioquiawhich the Gramalote project is located, denied the applications filed by Zonte Metals. However, Zonte Metals then filed a claim against the Colombian National Mining Agency (ANM) and the Antioquia Secretary of Mines before the ColombianCouncil of State Council,of Colombia, by which it seeks to (i) revoke the resolution that denied its application and (ii) obtain the rights over the corridors requested in its application. The Council of State subsequently enjoined the Antioquia Secretary of Mines and AGACGramalote Colombia Limited (Gramalote) from moving forward onprogressing a pending application to integrate the disputed corridors with ourGramalote’s tenement. The Antioquia Secretary of Mines has filed its response to the Zonte Metals claim, which includes arguments aligned with the interests and position of Gramalote. On 4 September 2017, the Council AGACof State approved AGAC’sGramalote’s request to be made an interested party to the lawsuit.lawsuit, but it rejected Gramalote’s request to join the Antioquia Secretary of Mines as a co-defendant on 28 August 2019. On 24 January 2019, the Council of State also re-affirmed that the Council of State is the competent judicial authority to hear the matter. The date for the first hearing is currently pending.


GHANA

Pompora Treatment Plant Litigation: On 022 April 2013, AGAGAngloGold Ashanti (Ghana) Limited (AGAG) received a summons from Abdul Waliyu and 152 others in which the plaintiffs allege that they were or are residents of the Obuasi municipality or its suburbs and that their health has been adversely affected by emissions and/or other environmental impacts arising in connection with the current and/or historical operations of the Pompora Treatment Plant (PTP), which was decommissioned in 2000. The plaintiffs’ alleged injuries include respiratory infections, skin diseases and certain cancers. The plaintiffs subsequently did not timely file their application for directions but AGAG intends to allow some time to pass prior to applying to have the matter dismissed for want of prosecution. On 24 February 2014, executive members of the PTP (AGAG) Smoke Effect Association (PASEA) (Frank Adjei Danso and five others), sued AGAG by themselves and on behalf of their members (undisclosed number) on grounds similar to those discussed above, as well as economic hardships resulting from the failure of their crops. This matter has been adjourned indefinitely. AGAG intends to allow some time to pass prior to applying to have the matter struck out for want of prosecution.

Mining and Building Contractors Limited: On 11 October 2011, AGAG terminated Mining and Building Contractors Limited’s (MBC) underground development agreement, construction on bulkheads agreement and diamond drilling agreement at Obuasi.Obuasi mine. The parties reached agreement on the terms of the separation and concluded a separation agreement on 088 November 2012. On 20 February 2014, AGAG was served with a writdemand issued by MBC claiming a total of $97 million. In December 2015, the proceedings were stayed in the Ghanaian High Court pending arbitration. In February 2016, MBC submitted the matter to arbitration. To date, MBCThe arbitration panel has not appointedbeen constituted and held an arbitrator.arbitration management meeting to address initial procedural matters on 26 July 2019. The arbitration is currently pending.


Obuasi ArbitrationGhana Mining Licenses Litigation:: In January 2019, AGAG and AngloGold Ashanti (Iduapriem) Limited (AAIL), along with other Ghanaian mining companies, were served with writs by two members of the Ghanaian Parliament seeking to invoke the jurisdiction of the Ghanaian Supreme Court (highest court in Ghana) for a declaration that the mining companies were not entitled to carry out any exploitation of minerals otherwise allowed under their relevant mining leases unless the leases had been timely ratified by the Parliament of Ghana. On 08 April 2016, AGAG19 January 2019, the Ghanaian Attorney General filed a request for arbitration against the Governmentits statement of Ghana (GoG). AGAG filed this requestcase, agreeing with the International Centre for Settlementposition of Investment Disputes (ICSID), an international arbitration institution headquartered in Washington, D.C., which facilitates dispute resolution between international investors and host states. AGAG is seeking relief from the GoG for breachingplaintiffs (that the mining lease relating toleases required parliamentary ratification) and requesting that the Obuasi mine by withdrawing military personnel from the Obuasi mine and subsequently failing to restore law and order. In so doing, the GoG has allowed and facilitated illegal mining activity at Obuasi. These actions have prevented AGAG from peacefully enjoying the areas exclusively leased to it underSupreme Court order the mining lease.companies to pay the Ghanaian government all revenue related to mining activities accrued during the time such mining leases were unratified. On 18 April 2019, AGAG and AAIL, in coordination with the other mining companies, filed their statement of case. The GoG may raise counterclaims against AGAG in responseSupreme Court has not yet set a date for the first hearing to AGAG’s request for arbitration. In October 2016,commence the tribunal at ICSID (the Tribunal) was formally constituted. On 17 February 2017, the Tribunal joined the GoG’s jurisdiction objections with proceedings on the merits. The parties subsequently stayed the arbitration through 31 December 2017. The arbitration remains suspended to date as discussions between the parties are ongoing.case.


On 13 December 2019, AGAG, together with six other mining companies, were served with writs by a private individual seeking similar relief in the High Court of Ghana (instead of the Ghanaian Supreme Court). On 30 January 2020, during the first hearing, the High Court noted that AGAG and the other defendants had filed motions to have the writ struck out and ordered the parties to file their written submissions. The case has been adjourned to the beginning of April 2020 for a ruling on the interlocutory matter.


GUINEA

Government of Guinea (National Claim Commission) v. Société AngloGold Ashanti Goldfields de Guinée SA (SAG): A national claim recovery commission established by the government of Guinea has demanded that SAG pay $43 million in dividends and penalties that would allegedly have been owed to the government of Guinea for the accounting years 2004 - 2007. SAG opposes the claim. The twoEven though both parties had originally decided to submit their dispute to an independent audit firm to be appointed by a common accord; however,accord, the independent audit firm was never appointed. In December 2010, the national claim recovery commission was disbanded and the matter was turned over to the Inspector General of the Ministry of Finance.Finance of Guinea. This matter has been dormant since it was handed over to the Inspector General.

NORTH AMERICA

Designated Matters under the Stock Purchase Agreement between AngloGold Ashanti and Newmont Mining Corporation (Newmont)Corp.: On 19 October 2017, Newmont Corp. (formerly Newmont Mining Corp.) filed a lawsuit in the United States District Court for the Southern District of New York federal court against AngloGold Ashanti and certain related parties, alleging that AngloGold Ashanti and such parties did not provide Newmont Corp. with certain information material information related to a gold-ore processing mill located at AngloGold Ashanti’sits purchase of the Cripple Creek & Victor Gold Mining Company (CC&V) in 2015 during the negotiation and sale of CC&V to Newmont.process. On 18 March 2020, AngloGold Ashanti believesAshanti’s motions for summary judgment were granted and the lawsuit is without merit and intends to vigorously defend against it. The matter is proceeding. Separately, in July 2017, CC&V succeeded in its Colorado arbitration claims against the mill design contractor, receiving an award of approximately $10.6 million, including costs.case was dismissed.

TANZANIA

Geita Gold Mining Limited (GGM):: In January 2007, Jackson Manyelo and other plaintiffs filed a suit against GGM in the Mwanza High Court alleging that they were affected by blasting activities in the Katoma area carried out by GGM and had suffered damages in the amount of Tshs9.6TZS9.6 billion (approximately $6 million). On 30 April 2015, the High Court issued a judgement in favour of GGM. In 2016, Plaintiffsplaintiffs appealed to the Court of Appeal, where the matter is pending.

GGMGeita Gold Mining Limited (GGM) and Samax Resources Limited (Samax) v. Government of TanzaniaTanzania:: On 13 July 2017, GGM and Samax Resources Limited (the Companies) filed a notice of arbitration against the Governmentgovernment of Tanzania arising from the enactment by the government of certain legislation that purports to make a number of changes to the operating environment of Tanzania’s extractive industries, including mining. The notice of arbitration was submitted in accordance with Article 12 of the Agreement for the Development of a Gold Mine at Geita, Mwanza between the Governmentgovernment of Tanzania and the Companieseach of GGM and Samax (the MDA), and under the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). The Arbitral Tribunal has been duly constituted. The next step willOn 15 January 2019, the parties requested that the arbitral proceedings be stayed until 12 July 2019 in order to afford the parties the opportunity to achieve an amicable resolution of the dispute. A further extension of the stay until 13 January 2020 was subsequently granted. On 29 January 2020, the Arbitral Tribunal granted another extension to stay the arbitral proceedings until 13 May 2020 on the basis that this stay is final, unless there are principled grounds for the Tribunal to hold a first procedural hearing.further stay.

Arbitration under the United Kingdom-Tanzania Bilateral Investment Treaty (UK-Tanzania BIT): Separate fromUnrelated to the arbitration proceedings under the MDA described above, on 044 September 2017, the Companies (togetherGGM and Samax, together with Cluff Oil Limited and Cluff Mineral Exploration Limited) wrote toLimited, notified the Governmentgovernment of Tanzania setting outin writing that the Government of Tanzania’sTanzanian government’s conduct amounted to a breach of its commitments under the UK-Tanzania BIT (the Notice). The NoticeBIT. This notice triggered a ‘cooling-off’ period under the UK-Tanzania BIT, pursuant to which the parties had six months to achieve an amicable resolution to their dispute (the Cooling Off Period). The Cooling Off Period expired 04dispute. Following the expiry of the ‘cooling off’ period on 4 March 2018, and now the Companies,GGM, Samax, Cluff Oil Limited and Cluff Mineral Exploration Limited are now entitled to submit their dispute with the Governmentgovernment of Tanzania to ICSID arbitration in accordance with the terms of the UK-Tanzania BIT.BIT to the extent that they may deem this necessary.


BRAZIL

Public Civil Action between Mineração Serra Grande S.A. (MSG) and the Goiás State Public Prosecutor's Office (Prosecutor): On 28 August 2019, the Prosecutor filed a public civil action against MSG in the local court of Crixás (Court) arguing that the Serra Grande tailings dam should be deactivated and decommissioned due to its size and upstream construction method. The Prosecutor requested the Court to grant an injunction ordering MSG to, inter alia, decommission the tailings dam, including complete removal of tailings material, by 15 September 2022. Further, the Prosecutor requested that a daily penalty of approximately $245,000 be imposed for MSG’s failure to comply with such injunction. MSG submitted its defence on 27 September 2019 and contends that it has not violated any Brazilian laws or regulations applicable to operations of the Serra Grande tailings dam. On 10 February 2020, the Court granted an injunction in respect of a number of the requests made by the Prosecutors. In line with the legal requirements of ANM Resolution No. 13/19, the injunction ordered the deactivation of the Serra Grande tailings dam by 15 September 2021, but did not include requirements to decommission the tailings dam, or to conduct complete removal of tailings material, by 15 September 2022. On 20 February 2020, MSG filed a motion for clarification in relation to certain items of the Court’s decision. This matter is ongoing.

Public Civil Action between AngloGold Ashanti Córrego do Sítio Mineração SA (AGA Mineração) and the Minas Gerais State Public Prosecutor's Office (Prosecutor): On 6 March 2020, the Prosecutor filed a public civil action against AGA Mineração in the local court of Sabará (Court) alleging a violation of Minas Gerais Law No. 23.291/19, which was adopted in February 2019. Article 12 of this law prohibits the grant of an environmental license for construction, installation, expansion or raising of a tailings storage facility if the “dam break” studies identify communities that are located in the self-rescue zone. On 21 February 2020, the state of Minas Gerais approved AGA Mineração’s permit to operate the Cuiabá tailings dam following the determination by the Minas Gerais’ Attorney’s Office that Law No. 23.291/19 does not apply to tailings storage facilities already in operation. In its lawsuit, the Prosecutor requested the Court to grant an injunction ordering the suspension of AGA Mineração’s operational permit for the Cuiabá tailings dam on the grounds that it was issued in violation of this law. On 12 March 2020, AGA Mineração presented its arguments in court challenging the requested injunction. This matter is ongoing.




DIVIDENDS



DIVIDENDSGeneral

Dividends are proposed by and approved by the board of directors of AngloGold Ashanti, based on the company’s financial performance. Dividends are recognised when declared by the boardBoard of directorsDirectors of AngloGold Ashanti.Ashanti (Board). AngloGold Ashanti’s dividend policy allows the Board to declare an annual dividend to be based on 10 percent of the free cash flow generated by the business for that financial year, before taking into account growth capital expenditure. The Board may exercise its discretion on an annual basis, taking into consideration the prevailing market conditions, balance sheet flexibility and future capital commitments of the group.

Dividends may be declared in any currency at the discretion of the AngloGold Ashanti boardBoard or AngloGold Ashanti shareholders at a general meeting. Currently, dividends are declared in South African rands and paid in Australian dollars, South African rands, British pounds and Ghanaian cedis. Dividends paid to registered holders of AngloGold Ashanti ADSs are paid in US dollars converted from South African rands by The Bank of New York Mellon, as depositary, in accordance with the deposit agreement. Exchange rate fluctuations may therefore affect the value of the dividends received by registered shareholders and distributions paid by the relevant depositary to investors holding AngloGold Ashanti securities. Moreover, fluctuations in the exchange rates of the US dollar may affect the US dollar price of the ADSs on the NYSE. For details on taxation and exchange controls applicable to holders of ordinary shares or ADSs, see “Item 10D: Exchange Controls”, “Item 10E: Taxation-South African Taxation-Taxation of dividends” and “Item 10E: Taxation-United States Taxation-Taxation of dividends”.

Dividends declared (in the ordinary course from trading and non-trading profits) to foreign shareholders are not subject to the approval by the South African Reserve Bank (SARB) in terms of South African foreign exchange control regulations. Dividends are freely transferable to foreign shareholders from both trading and non-trading profits earned in South Africa by publicly listed companies. Dividends in specie or special dividends may require SARB approval prior to declaration and payment to foreign shareholders.

Under South African law, the company may declare and pay dividends from any reserves included in total shareholder’s equity (including share capital and share premium) calculated in accordance with International Financial Reporting Standards (IFRS), subject to the solvency and liquidity test.

Withholding tax

South Africa currently imposes a Dividend Withholding Tax on Companies (dividends tax) at a rate of 20 percent on the net amount of the dividend declared and paid by a resident company, other than a Headquarter Company. On 22 February 2017, the rate increased from 15 percent to 20 percent for any dividends paid after 1 March 2017.

The dividends tax is generally imposed on the beneficial owner.owner of the dividends. The dividends tax could be reduced to a lower rate under an applicable double tax treaty, if all requirements are met. In the case of dividends paid to a US holder with respect to shares, the TreatyConvention Between the Government of the United States of America and the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, signed 17 February 1997 (Treaty) would generally limit the dividends tax rate to five percent of the gross amount of the dividends if a corporate US holder holds directly at least 10 percent of the voting stock of AngloGold Ashanti.Ashanti, provided that the applicable declaration and undertaking are given by the beneficial owner that the reduced rate applies. In all other cases, the maximum tax rate under the Treaty is 15 percent of the gross amount of the dividend. There are differentDifferent rules to considermay apply if the beneficial owner of the dividends is a US resident who carries on business in South Africa through a permanent establishment situated in South Africa, or performs in South Africa independent personal services from a fixed base situated in South Africa, and the dividends are attributable to such permanent establishment or fixed base. Moreover, if the dividends tax rate is reduced under the auspices of an applicable double tax treaty, there are certain South African compliance requirements that must be met in order to accessobtain the double tax treaty relief.








8B.SIGNIFICANT CHANGES

Refer to “Item 18: Note 36—Recent developments”Financial Statements-Note 37-Subsequent events”.



ITEM 9: THE OFFER AND LISTING



9A.OFFER AND LISTING DETAILS

The following table sets out, for the periods indicated, the reported high and low market quotationsprincipal trading markets for AngloGold Ashanti’s ordinary shares onare the New York Stock Exchange (NYSE), in the form of ADSs, under the symbol “AU” and the JSE and for its sponsored ADSs onLimited, in the NYSE:
 JSE 
NYSE(1)
Year ended 31 December

High
 Low
 High
 Low
 (South African cents per  ordinary share) (US dollars per ADS)
Annual information       
201327,048
 11,401
 31.88
 11.14
201420,952
 8,836
 19.53
 7.45
201514,999
 7,159
 13.12
 5.64
201631,775
 10,700
 22.91
 7.09
201718,711
 11,499
 13.68
 8.86
        
2016       
First quarter22,360
 10,700
 14.31
 7.09
Second quarter27,892
 19,664
 18.49
 13.16
Third quarter31,775
 20,792
 22.91
 15.00
Fourth quarter22,055
 12,906
 15.92
 9.32
2017       
First quarter18,711
 12,502
 13.68
 9.67
Second quarter17,950
 12,600
 13.31
 9.64
Third quarter14,323
 11,670
 10.86
 8.88
Fourth quarter14,579
 11,499
 10.63
 8.86
        
September 201714,323
 12,126
 10.86
 9.10
October 201713,828
 12,315
 9.87
 9.17
November 201714,579
 12,884
 10.63
 9.08
December 201714,360
 11,499
 10.59
 8.86
January 201814,140
 12,000
 12.00
 10.34
February 201813,400
 10,720
 11.34
 9.16
March 2018(2)
11,560
 10,635
 9.94
 8.88

(1)
form of ordinary shares, under the symbol “ANG”. Each ADS represents one ordinary share.
(2)
Through 19 March 2017.

See “Item 7A: Major Shareholders” for the number of ADSs outstanding at 31 December 2017.








9B.PLAN OF DISTRIBUTION

Not applicable.



9C.MARKETS

NATURE OF TRADING MARKET

The principal trading markets for AngloGold Ashanti’s ordinary shares are the New York Stock Exchange, in the form of ADSs, under the symbol “AU” and the JSE Limited, in the form of ordinary shares, under the symbol “ANG”.

AngloGold Ashanti’s ordinary shares are also listed on the Ghana Stock Exchange, as ordinary shares under the symbol “AGA” and in the form of Ghanaian Depositary Shares or GhDSs (each representing one one-hundredth of an ordinary share) under the symbol “AADs”, and the Australian Securities Exchange, in the form of Chess Depositary Interests (each representing one-fifth of an ordinary share) under the symbol “AGG” and on the Ghana Stock Exchange, in the form of Ghanaian Depositary Shares or GhDSs (each representing one one-hundredth of an ordinary share) under the symbol “AADS”.







9D.SELLING SHAREHOLDERS

Not applicable.








9E.DILUTION

Not applicable.







9F.EXPENSES OF THE ISSUE

Not applicable.

ITEM 10:    ADDITIONAL INFORMATION



10A.    SHARE CAPITAL

For a discussion of options on AngloGold Ashanti’s ordinary shares available to executive officers from time to time, see “Item 6E: Share Ownership-Share Ownership of Executive Officers/Executive Management”.

Authorised and Issued Shares

AngloGold Ashanti’s authorised and issued share capital as of 31 December 2017 and 19 March 2018 (being the latest practicable date prior to the publication of this document) is set out below:
Title of ClassAuthorised
Issued
19 March 2018


31 December 2017


Ordinary shares at par value of R0.25 each600,000,000
410,738,159
410,054,615
A redeemable preference shares at par value of R0.50 each2,000,000
2,000,000
2,000,000
B redeemable preference shares at par value of R0.01 each5,000,000
778,896
778,896
C redeemable preference shares at no par value30,000,000
0
0

All of the issued ordinary shares, A redeemable preference shares, B redeemable preference shares are fully paid and are not subject to further calls or assessment by AngloGold Ashanti.

The table below details changes in the issued ordinary share capital of AngloGold Ashanti since 31 December 2014 through 31 December 2017
Period to Description
Number of
Shares

31 December 2014

  404,010,360
Ordinary shares issued during2014AngloGold Share Incentive Scheme1,254,955
31 December 2015

  405,265,315
Ordinary shares issued during2016AngloGold Share Incentive Scheme2,958,445
31 December 2016

  408,223,760
Ordinary shares issued during2017AngloGold Share Incentive Scheme1,830,855
31 December 2017

  410,054,615

Shares held by AngloGold Ashanti or by its Subsidiaries

See “Item 18: Note 24 - Share capital and premium” for more information.

A and B Redeemable preference shares

All of the A redeemable preference shares and B redeemable preference shares are held by Eastvaal Gold Holdings Limited, one of AngloGold Ashanti’s wholly-owned subsidiary. AngloGold Ashanti’s Memorandum of Incorporation provide that the A redeemable preference shares and B redeemable preference shares are not transferable.

C preference shares

The terms of the C preference shares are the same as those of the existing B preference shares. However, the C preference shares rank after the B preference shares for purposes of dividends and payments upon redemption.

Unissued shares

In terms of a general authority from shareholders in annual general meeting, granted on 16 May 2017, the directors of the Company are authorised to allot and issue, for such purposes and on such terms as they may, in their discretion, determine, ordinary shares of 25 SA cents each (shares) in the authorised but unissued share capital of the Company up to a maximum of 5 percent of the number of shares in issue at the date of the ordinary resolution dated 16 May 2017. The directors annually seek renewal of such authority at the annual general meeting, and the next renewal will be requested at the annual general meeting to be held on 16 May 2018.


Authorised but unissued ordinary Shares under the control of the directors - amounting to 5 percent of
Issued shares on 22 March 2017
20,440,269
Authorised but unissued ordinary shares attributable to the share incentive scheme (balance of -
20,000,000 total scheme allocation pursuant to shares issued from 15 October 2008)
8,055,506
Not applicable.



10B.    MEMORANDUM OF INCORPORATION

On 1At the last annual general meeting held on 9 May 2011,2019, AngloGold Ashanti did not need to seek approval from shareholders to make any changes to its Memorandum of Incorporation (MoI).

Considering the South African nationwide lockdown enforced to combat the Covid-19 pandemic, the board has decided to postpone the annual general meeting (AGM) which was scheduled to take place on 6 May 2020. We will inform shareholders of the new AGM date . AngloGold Ashanti will seek approval from shareholders to substitute clauses 9.1.1.3.2 and 9.2.1.3.2 with new clauses to enable the Company to comply with the provisions of the Companies Act 71 of 2008 (as amended) (the Companies Act) came into effect.  In terms ofand the Companies Act, companies were granted a two-year period to amend their constitutional documents (previously referred to as the Memorandum and Articles of Association, but known under the Companies Act as a Memorandum of Incorporation (MoI)),JSE Listings Requirements in order to harmonise such constitutional documents withamend the Companies Act or adopt a new MoI. At a general meeting held on 27 March 2013, shareholders voted to adopt a new MoI for AngloGold Ashanti. The MoI was subsequently amended by special resolutions of shareholders passedA preference share terms and the B preference share terms at annual general meetings held on 14 May 2014, 6 May 2015, 4 May 2016 and 16 May 2017.the next AGM.

The 2017 amendments were to ensure compliance with the JSE Limited’s listings requirements and the Companies Act, and to align the MoI with company practice and good corporate governance.

At the annual general meeting to be held on 16 May 2018, AngloGold Ashanti will not seek approval from shareholders to make any changes to the MoI.

REGISTRATIONRegistration

AngloGold Ashanti is incorporated under the laws of the Republic of South Africa and registered with the Companies and Intellectual Property Commission under registration number 1944/017354/06. The Companies Act has abolished the requirement for specific “object and purpose” provisions to be included in an MoIa memorandum of incorporation and although the new MoI is now silent on the matter, the company continues to carry on as its main business, gold exploration, the mining and production of gold, the manufacturing, marketing and selling of gold products and the development of markets for gold.

AngloGold Ashanti’s MoI is available for inspection as set out in “Item 10H: Documents on Display” and a summary of pertinent provisions, including rights of the holders of shares in AngloGold Ashanti, are set out below.

This summary does not contain all the information pertaining to the rights of holders of AngloGold Ashanti’s ordinary shares and is qualified in its entirety by reference to the laws of South Africa and AngloGold Ashanti’s governing corporate documents. As well as being governed by the provisions of the MoI, the rights of holders of AngloGold Ashanti’s ordinary shares are governed by the JSE Listings Requirements, the Companies Act and the Companies Regulations, 2011, promulgated under the Companies Act (Regulations), which include the Takeover Regulations. Further, the rights of holders of AngloGold Ashanti ADSs are governed by the Deposit Agreement between AngloGold Ashanti and The Bank of New York Mellon. See “Item 10C: Material Contracts-The Deposit Agreement”.

The Companies Act provides that shares will no longer have a par or nominal value and hence no new shares having a nominal or par value may be authorised. However, any shares which have a nominal or par value authorised prior to the effective date of the Companies Act continue to have that nominal or par value and can be issued as such for so long as there are par value shares in the company’s authorised share capital.

DIRECTORSDirectors

The management and control of any business of AngloGold Ashanti is vested in the board of directors (board). The authority of the board to manage and direct the business and affairs of the company is not limited, restricted or qualified by the MoI.

Appointment and Retirement of Directors

The shareholders of the company have the power to elect the directors, and shareholders are also entitled to elect one or more alternate directors, in accordance with the provisions of the MoI.

The board of directors may appoint any person who satisfies the requirements for election as a director to fill any vacancy and serve as a director on a temporary basis until the vacancy is filled by election by shareholders entitled to exercise voting rights in such an election.

The MoI authorises the chairman of the board, subject to the written approval of the majority of the directors, to appoint any person as a director provided that such appointment is approved by shareholders at the next shareholders’ meeting or annual general meeting.

At every annual general meeting one-third of the directors will retire by rotation, or if their number is not a multiple of three, then the number nearest to but not less than one third. The directors so to retire at every annual general meeting will be those who have

been the longest in office since their last election. Directors retiring by rotation are eligible for re-election. Directors who voluntarily decide not to make themselves available for re-election may be counted towards the one-third of directors required to retire at the relevant annual general meeting.

The MoI contains no provision for directors to hold qualification shares. The MoI does not impose an age limit for the retirement of directors.

Remuneration

In accordance with the Companies Act, the MoI provides that the directors are entitled to such remuneration for their services as directors as AngloGold Ashanti’s shareholders may approve by special resolution in a general meeting or annual general meeting within the previous two years of the date of payment of such remuneration. If a director is employed in any other capacity, or holds an executive office or performs services that, in the opinion of the board, are outside the scope of the ordinary duties of a director, he may be paid such additional remuneration as a disinterested quorum of directors may reasonably determine.

Interests of Directors and Restriction on Voting

Although the interests of directors are not dealt with in the MoI, the provisions of the Companies Act in this regard are unalterable and will automatically apply, together with the applicable common law.law rules. Under the Companies Act, the procedures to deal with the personal financial interests of directors also apply to prescribed officers (i.e. persons who exercise general executive control over and management of the whole, or a significant portion, of the business and activities of the company or regularly participate to a material degree in the exercise of general executive control over and management of the whole, or a significant portion, of the business and activities of the company, irrespective of the office held or function performed by such persons) and any person who is a member of a committee of the board of the company, whether or not that person is also a member of the company’s board. The Companies Act provides that a director or such other person with a personal financial interest must disclose this to the board and cannot vote on or, after having made the disclosures to the meeting as prescribed by the Companies Act, remain present during the meeting when the matter in which he has interest is being discussed but will be counted as present for the purposes of a quorum.

Share Rights, Preferences and Restrictions

Allotment and Issue of Ordinary Shares

Subject to the JSE Listings Requirements, the Companies Act and/or with approval of shareholders in a general meeting, unissued ordinary shares must be offered to existing ordinary shareholders, pro rata to their shareholdings, unless they are issued for the acquisition of assets. The shareholders in a general meeting may authorise the AngloGold Ashanti board to issue any unissued ordinary shares.

Dividends, Rights and Distributions

The ordinary shares participate fully in all dividends, other distributions and entitlements as and when declared by AngloGold Ashanti in respect of fully paid ordinary shares. Under South African law, AngloGold Ashanti may declare and pay dividends, subject to the company satisfying the solvency and liquidity test as provided by the Companies Act and the board passing a resolution acknowledging that such test has been applied and has reasonably concluded that the company would satisfy such test immediately after completing the distribution. Dividends are payable to shareholders registered at a record date after the date of declaration of the dividend.

Although not statedAs a company with its primary listing on the Johannesburg Stock Exchange, AngloGold Ashanti is required to declare dividends in the MoI, dividends may be declared in any currency at the discretion of the board. In the past, dividends have been declared in andSouth African rands. Dividends are paid in South African rands, and also paid in Australian dollars, Ghanaian cedis or United Kingdomand British pounds. Registered holders of AngloGold Ashanti ADSs are paid dividends in US dollars by The Bank of New York Mellon as depositary, in accordance with the Deposit Agreement. See “Item 10C: Material Contracts - TheContracts-The Deposit Agreement”.

The holder of the B preference shares is entitled to the right to an annual dividend amounting to the lesser of five5 percent of the issue price of the B preference shares or an amount equivalent to the balance of the after-taxafter tax profits arising from income derived from mining the Moab Lease Area (which is part of the Vaal River operations in South Africa) as determined by the directors in each financial year. ThisThe annual dividend isshall be a first charge on any profit available for distribution from the Moab Lease Area. The annual dividend isArea but shall not be payable from any other profits of AngloGold Ashanti’s other profits.the Company.

The holder of the A preference shares is entitled to an annual dividend equivalent to the balance of the after-tax profits from income derived from mining the Moab Lease Area as determined by AngloGold Ashanti’s directors in each financial year, only once the annual dividend on the B preference shares has been paid in full.

Although not stated in the MoI, but subject to the JSE Listings Requirements, any dividend may be paid and satisfied, either wholly or in part, by the distribution of specific assets, or in paid-up securities of AngloGold Ashanti or of any other company, or in cash, or in any one or more of such ways as the directors may at the time of declaring the dividend determine and direct.


All dividends remaining unclaimed for a period of not less than three years from the date on which they became payable, may, by a resolution of the directors, become forfeited for the benefit of the company.




Voting Rights

Each ordinary share confers the right to vote at all general meetings. Each holder present in person or by proxy or, in the case of a corporate entity, represented, has one vote on a show of hands. If a poll is held, holders present or any duly appointed proxy will have one vote for each ordinary share held. A holder of ordinary shares is entitled to appoint a proxy to attend, speak and vote at any meeting on his or her behalf and the proxy need not be a shareholder. Holders of ADSs are not entitled to vote in person at meetings, but may vote by way of proxy through The Bank of New York Mellon as the ADS issuer. Holders of CDIsAustralian Chess Depositary Interests (CDIs) and GhDSsGhanaian Depositary Shares (GhDSs) are not entitled to vote in person or by proxy at meetings, but may vote by instructing Chess Depository Nominees and NTHC Limited as depositary, respectively, how to vote their shares.

There are no limitations on the right of non-South African registered shareholders to hold or exercise voting rights attaching to any of the ordinary shares.

The A redeemable preference shares have similar voting rights to those of ordinary shares. The B and C redeemable preference shares have voting rights only in the event that a dividend on this class of share has not been paid and remains unpaid for six months or more, or in connection with resolutions directly affecting these preference shares or in limited circumstances affecting AngloGold Ashanti as a whole, such as disposal of substantially all of the company’s assets, winding up AngloGold Ashanti or reducing the company’s share capital.

At any meeting of AngloGold Ashanti at which the holders of the ordinary shares, A redeemable preference shares, B redeemable preference shares and C redeemable preference shares are present and entitled to vote on a poll, each holder of the A redeemable preference shares shall be entitled to 50 votes for every A redeemable preference share held, each holder of the ordinary shares is entitled to 50 votes for every ordinary share held and each holder of the B redeemable preference shares and the C redeemable preference shares is entitled to one vote for every B redeemable preference share and C redeemable preference share held respectively.

The MoI specifies that the rights relating to any class of shares may be modified or abrogated with the sanction of a resolution passed as if it were a special resolution of the holders of shares in that class at a separate general meeting. The MoI also specifies that the holders of the A, B and C preference shares may provide written consents to the modification of their rights.

Increase and Reduction of Capital

The company is authorised to issue the shares specified in the MoI and all such shares are required to be issued as fully paid up in accordance with the applicable approval and/or other requirements of the JSE Listings Requirements.

The directors are authorised, subject to any requirements of the JSE Listings Requirements and the MoI, to increase or decrease the number of authorised shares of any class of shares, reclassify any shares that have been authorised but not issued, classify any unclassified shares that have been authorised but not issued, and determine the preferences, rights, limitations or other terms of any class of authorised shares or amend any preferences, rights, limitations or other terms as determined. However, such capital amendments require an amendment to the MoI and the JSE Listings Requirements currently does not allow the MoI to be amended to give effect to such capital amendments without the approval of ordinary shareholders by special resolution.

Rights Upon Liquidation

In the event of the winding up of AngloGold Ashanti:
The A preference shares shall confer the right, on a winding-up of the company, in priority to any payment in respect of the Ordinary Sharesordinary shares in the capital of the company then issued, but after any payment in respect of the B preference shares and the C preference shares in the capital of the company then issued, to receive only so much of the net proceeds from the disposal of the assets relating to the Moab Lease Area as is then available for distribution;
The B preference shares shall confer the right, on a winding-up of the company in priority to any payment in respect of the Ordinary Shares,ordinary shares, the A preference shares and the C preference shares then in issue, to receive only so much of the net proceeds from the disposal of the assets relating to the Moab Lease Area as is available for distribution but not exceeding a return per B preference share of the capital paid-up thereon and any share premium paid on the issue of the B preference shares outstanding at that time;
The C preference shares shall confer the right, on a winding-up of the company, ranking after and following payment of the holders of the B preference shares, but in priority to any payment in respect of the Ordinary Sharesordinary shares and the A preference shares in the capital of the company then issued, to receive only so much of the net proceeds from the disposal of the assets relating to the Moab Lease Area as is available for distribution but not exceeding a return per C preference share of the capital paid-up on the issue of the C preference shares outstanding at that time;
The A, B and C preference shares shall not be entitled to any participation, on a winding-up, in any of the surplus funds of the company in any other manner arising; and

the ordinary shares confer the right to participate equally in any surplus arising from the liquidation of all other assets of AngloGold Ashanti.


Redemption Provisions

The A redeemable preference shares may be redeemed for their nominal value, plus a premium per share of an amount equal to the net proceeds available from the disposal of the assets relating to the Moab Lease Area, after redemption in full of the B preference shares and payment of the nominal value of the A preference shares, divided by 2,000,000.

The B redeemable preference shares may be redeemed for their nominal value, plus a premium of up to R249.99 per share, but limited to an amount equal to the net proceeds available from the disposal of the assets relating to the Moab Lease Area after payment of the nominal value of the B preference shares.

Shareholders’ meetings

The directors may convene meetings of AngloGold Ashanti shareholders. Subject to the provisions of the Companies Act, the shareholders may requisition for the convening of a meeting.

Notice of each AngloGold Ashanti annual general meeting and general meeting of AngloGold Ashanti shareholders must be delivered at least 15 business days before that shareholders’ meeting is to begin. In accordance with the Companies Act, business days are calculated by excluding the first day, including the last day and excluding Saturdays, Sundays and any public holiday in the Republic of South Africa. In terms of the MoI, all shareholders are entitled to attend shareholders’ meetings.

In the case of a class meeting of the A or B preference shares, the sole holder of such shares shall constitute a quorum. Save as aforesaid, the quorum of a shareholders’ meeting to begin is sufficient persons present, in person or by proxy, at the meeting to exercise, in aggregate, at least 25 percent of all of the voting rights that are entitled to be exercised in respect of at least one matter to be decided at the meeting and a quorum must remain present for the continuation of that shareholders meeting, provided that at least three shareholders must be present at the meeting. Such quorum requirement also applies for the consideration of any matter to be decided at the meeting. If the meeting is not quorate within 30 minutes after the appointed time for the meeting to begin (or such longer or shorter period as the chairperson may determine), it will be postponed, without motion, vote or further notice, for 1 week and the shareholders present, in person or by proxy, at the postponed meeting will constitute a quorum. For an ordinary resolution to be approved by shareholders, it must be supported by more than 50 percent of the voting rights exercised on the resolution. For a special resolution to be approved by shareholders, it must be supported by at least 75 percent of the voting rights exercised on the resolution.

Disclosure of Interest in Shares

Under South African law, a person must notify AngloGold Ashanti within three business days after that person acquires a beneficial interest in sufficient securities of a class issued by AngloGold Ashanti such that, as a result of the acquisition, the person holds a beneficial interest in securities amounting to five percent, 10 percent, 15 percent or any further whole multiple of five percent of the issued securities of that class or disposes of any beneficial interest in sufficient securities of a class issued by AngloGold Ashanti such that the result of the disposition the person no longer holds a beneficial interest in securities amounting to a particular multiple of five percent of issued securities of that class. When AngloGold Ashanti has received the notice referred to above it must file a copy with the Takeover Regulation Panel and report the information to holders of the relevant class of securities unless the notice concerned a disposition of less than one percent of the class of securities.

If the securities of AngloGold Ashanti are registered in the name of a person who is not the holder of the beneficial interest in all of the securities in AngloGold Ashanti held by that person, that registered holder of the securities must disclose the identity of the person on whose behalf that security is held and the identity of each person with a beneficial interest in securities so held, the number and the class of securities held for each such person with a beneficial interest and the extent of each such beneficial interest. This information must be disclosed in writing to the company within five business days after the end of every month during which a change has occurred in the information or more promptly or frequently to the extent so provided by the requirements of a Central Securities Depository. A company that knows or has reasonable cause to believe that any of its securities are held by one person for the beneficial interest of another may by notice in writing require either of those persons to confirm or deny that fact, provide particulars of the extent of the beneficial interest held during the three years preceding the date of the notice and disclose the identity of each person with a beneficial interest in the securities held by that person, which information must be provided within 10 business days of the receipt of the notice.

AngloGold Ashanti is obligated to establish and maintain a register of the disclosures described above and to publish in its annual financial statements a list of the persons who hold beneficial interests equal to or in excess of five percent of the total number of ordinary shares issued by AngloGold Ashanti together with the extent of those beneficial interests.

Rights of Minority Shareholders


Majority shareholders of South African companies have no fiduciary obligations under South African common law to minority shareholders. However, under the Companies Act, a shareholder or director may, under certain circumstances, seek relief from the court if he has been unfairly prejudiced by any act or omission of the company or a related person, by the conduct of the business

of the company or a related person in a particular manner, the exercise of the powers of the directors of the company or a related person in a particular manner. There may also be personal and derivative actions available to a shareholder of a company.

Pursuant to the Companies Act, a shareholder may petition a South African court for relief from the actions or omissions or, business conduct of the company or the actions of the company’s directors or officers that is oppressive or unfairly prejudicial to, or unfairly disregards the interest of the shareholder. In addition, a shareholder who voted against a resolution to amend the company’s MoI, or to approve a fundamental transaction, (and complied with other requirements set out in the Companies Act) may exercise its appraisal right to demand that the company pay to it the fair value for all the shares of the company held by that shareholder.

Description of ADSs

The Bank of New York Mellon issues AngloGold Ashanti’s American Depositary Shares, or ADSs. Please see “Item 10C: Material Contracts”Contracts-Description of AngloGold Ashanti ADSs”.




10C.    MATERIAL CONTRACTS

Revolving Credit Facilities

General

On 177 July 2014,2015, AngloGold Ashanti Limited, as borrower, entered into a five-year unsecured syndicated revolving credit facility with Nedbank Limited, as facility agent, who in conjunction with ABSA Bank Limited constitute the lenders. This credit agreement provides for a ZAR 1.4 billion (about $98 million) revolving credit facility available for drawing in South African Rands. The facility bears interest at JIBAR plus 1.65% per annum. This facility was cancelled on 19 February 2020.

On 23 August 2016, Geita Gold Mining Limited and Societé AngloGold Ashanti de Guinée S.A., as borrowers, entered into a three-year unsecured revolving credit facility agreement of $100 million with Nedbank Limited, as lender. Interest is currently charged at a margin of between 6.2% and 8% above LIBOR. On 29 January 2019, $35 million of this facility was combined with the Geita Revolving Credit Facility. The remaining portion of $65 million was renewed for a further three years on 27 February 2019. As of 19 March 2020, this facility is fully drawn.

On 3 November 2017, AngloGold Ashanti Limited, as borrower, entered into a new three-year unsecured revolving credit facility of ZAR 1 billion (about $71 million) with The Standard Bank of South Africa Limited, as facility agent and lender. This credit agreement includes an option, on application, to extend the facility for two years. The option was exercised. The facility bears interest at JIBAR plus 1.3% per annum. As of 19 March 2020, this facility is fully drawn.

On 12 December 2017, AngloGold Ashanti Limited, as borrower, entered into a three-year unsecured syndicated revolving credit facility of ZAR 2.5 billion (about $179 million) (the ZAR Revolving Credit Facility) with Nedbank Limited and ABSA Bank Limited, as lenders. The ZAR Revolving Credit Facility replaced a ZAR 1.5 billion revolving credit facility entered into on 3 December 2013. The agreement includes an option, on application, to extend the facility for two years. The option was exercised. The facility bears interest at JIBAR plus 1.8% per annum. As of 19 March 2020, ZAR 450 million was drawn under this revolving facility.

On 6 April 2018, Geita Gold Mining Limited, as borrower, entered into a three-year unsecured multi-currency revolving credit facility agreement of $115 million with Nedbank Limited, as underwriter and agent, and certain financial institutions party thereto, as original banks (the Geita Revolving Credit Facility). The agreement has been amended and restated on 29 January 2019. Facility A is a US dollar based facility with interest charged at a margin of 6.7% above LIBOR. Facility B is a Tanzanian shilling facility capped at the equivalent of $45 million with interest charged at a margin of 5% plus a reference rate as determined by the lending agent. As of 19 March 2020, the equivalent of $110 million was drawn under this revolving facility.

On 23 October 2018, AngloGold Ashanti Holdings plc and AngloGold Ashanti USA Incorporated,Australia Limited, as borrowers, entered into a new five-year unsecured multi-currency syndicated revolving credit agreementfacility of $1.4 billion (the US$Multi-Currency Revolving Credit Agreement)Facility) with The Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The US$ Revolving Credit Agreement provides forloan consists of a $1.0 billion revolving creditUS dollar based facility (the US$ Revolving Credit Facility) available for drawing in US dollars.(base currency) with interest charged at a margin of 1.45% above LIBOR and an Australian dollar based facility capped at A$500 million with interest charged at a margin of 1.45% above BBSY. The applicable margin is subject to a ratings grid. As of 19 March 2018, we have drawn $652020, the equivalent of $945 million under the US$ Revolving Credit Facility.

On 25 July 2014, AngloGold Ashanti Australia Limited entered into a credit agreement (the A$ Revolving Credit Agreement), as borrower with Commonwealth Bank of Australia, as facility agent, and certain financial institutions party thereto as lenders. The A$ Revolving Credit Agreement provides for a A$0.5 billion revolving credit facility (the A$ Revolving Credit Facility) available for drawing in Australian dollars. As of 19 March 2018, we have drawn A$195 million under the A$ Revolving Credit Facility.

On 7 July 2015, AngloGold Ashanti Limited entered into a credit agreement, as borrower with Nedbank Limited as facility agent, who in conjunction with ABSA Bank Limited constitute the lenders. The ZAR Revolving Credit Agreement provides for ZAR1.4 billion revolving credit facility available for drawing in South African Rands. As of 19 March 2018, ZAR400m was drawn under this ZAR Revolving Credit Facility.

On 3 November 2017, the group entered into a new three-year unsecured revolving credit facility of R1bn ($81m) with Standard Bank. The agreement includes an option, on application, to extend the facility by a maximum of two years. As of 19 March 2018, the ZAR Revolving Credit Facility is undrawn.

On 3 December 2017, the group entered into a three-year unsecured syndicated revolving credit facility of R2.5bn ($202m) with Nedbank and ABSA Bank, replacing an existing ZAR1.5bn revolving credit facility. The agreement includes an option, on application, to extend the facility by a maximum of two years. As of 19 March 2018, the ZAR Revolving Credit Facility is undrawn.

Guarantees

The US$Multi-Currency Revolving Credit Facility is guaranteed by AngloGold Ashanti Limited, AngloGold Ashanti Holdings plc and AngloGold Ashanti USA Incorporated. The obligations of AngloGold Ashanti USA Incorporated, in its capacity as a guarantor, are subject to certain limitations set forth in the US$ Revolving Credit Agreement in order to comply with applicable U.S. laws.Australia Limited. The guarantees constitute unconditional obligations of the guarantors and rank at least pari passu with all other future unsecured obligations of the guarantors, except for obligations mandatorily preferred by law.

The A$ Revolving Credit Facility is guaranteed by AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc. The guarantees constitute unconditional obligations of the guarantors and rank at least pari passu with all other future unsecured obligations of the guarantors, except for obligations mandatorily preferred by law.

Security

The obligations under all the Revolving Credit Agreementsrevolving credit facility agreements are unsecured.

Amount and repayment of borrowings

Loans under the US$Multi-Currency Revolving Credit Facility must be for a minimum of $10 million, if the currency selected is the base currency (US dollar), or a minimum of A$10,000,000 (or for the balance of the undrawn total commitments at the time of the drawing), and noif the currency selected is Australian Dollars. No more than 14 loans may be outstanding at any time. Each loan must be repaid on maturity date in the last day ofsame currency as the loan’s interest period, which can be a period of one, two, three or six months or any other period agreed by AngloGold Ashanti Holdings plc, in its capacity as obligors’ agent, and the lenders.maturing loan. All loans must be repaid in full on the final maturity date. The final maturity date is17 July 2019.

Loans under the A$ Revolving Credit Facility must be for a minimum of A$10 million (or for the balance of the undrawn total commitments at the time of the drawing), and no more than 10 loans may be outstanding at any time. Each loan must be repaid on the last day of the loan’s interest period, which can be a period of one, two, three or six months or any other period agreed by AngloGold Ashanti Australia Limited. All loans must be repaid in full on the final maturity date. The final maturity date is 25 July 2019.

Loans under the ZAR Revolving Credit Facility must be for a minimum of ZAR 100 million (or for the balance of the undrawn total commitments at the time of the drawing), and no more than 14 loans may be outstanding at any time. Each loan must be repaid on the last day of the loan’s interest period, which can be a period of one, two, three or six months or any other period agreed by AngloGold Ashanti Limited. All loans must be repaid in full on the final maturity date.

Interest rates and fees

The annual interest rate on loans drawn under the US$Multi-Currency Revolving Credit Facility is calculated based on LIBOR, plus aan initial margin of 1.45 percent per annum that varies between 0.95 percent and 2.202.15 percent per annum depending on the long-term debt rating of AngloGold Ashanti Limited,Holdings plc, and in relation to any Loan in Australian Dollars, BBSY, and certain mandatory costs. Interest on loans is payable on the last day of the loan’s interest period and, if the interest period exceeds six months, on the dates falling at six monthsix-monthly intervals after the day the loan was made.

The annual interest rate on loans drawn under the A$ZAR Revolving Credit Facility is calculated based on BBSY,JIBAR, plus a margin that varies between 1.50 percent and 2.50 percent per annum depending on the long-term debt rating of AngloGold Ashanti Limited, and certain mandatory costs.1.8 percent. Interest on loans is payable on the last day of the loan’s interest period and, if the interest period exceeds six months, on the dates falling at six monthsix-monthly intervals after the day the loan was made.

The annual interest rates on loans drawn under the ZAR Revolving Credit Facilities are calculated based on JIBAR, plus margins ranging from 1.30 to 1.80 percent per annum and certain mandatory costs. Interest on loans is payable on the lastfirst day of the loan’sthat interest period and, if the interest period exceeds six months, on the dates falling at six month intervals after the day the loan was made.period.

The borrowers under the US$Multi-Currency Revolving Credit Facility are required to pay a commitment fee in the base currency equal to 35 percent of the then applicable margin per annum on the undrawn and uncancelled amount of each lender’s commitment during the commitment period. The borrowers are also required to pay a utilisation fee of 0.150.10 percent per annum (if the aggregate outstanding loans are less than one third of the total commitments then in effect), 0.300.20 percent per annum (if the aggregate outstanding loans are equal to or greater than one third but less than two thirds of the total commitments then in effect) or 0.450.40 percent per annum (if the aggregate outstanding loans are equal to or greater than two thirds of the total commitments then in effect).

The borrower under the A$ZAR Revolving Credit Facility is required to pay a commitment fee equal to 50of 0.60 percent of the then applicable margin per annum on the undrawn and uncancelled amount of each lender’s commitment during the commitment period.

The borrower under the ZAR Revolving Credit Facilities is required to pay commitment fees of between 0.45 percent and 0.60 percent of the undrawn and uncancelled amount of each lender’s commitment during the commitment period under the respective facilities. The borrower is also required to pay a utilisation fee of between 0.15 percent and 0.20 percent per annum (if the aggregate outstanding loans are less than one third of the total commitments then in effect), between 0.30 percent and 0.40 percent per annum (if the aggregate outstanding loans are equal to or greater than one third but less than two thirds of the total commitments then in effect) or between 0.45 percent and 0.60 percent per annum (if the aggregate outstanding loans are equal to or greater than two thirds of the total commitments then in effect).

Financial covenant applicable to all Revolving Credit Facilities (RCF)

The Revolving Credit Agreementsrevolving credit agreements include a financial maintenance covenant which requires that the ratio of Total Net Financial Indebtedness to EBITDA (as such terms are defined in the Revolving Credit Agreements)revolving credit agreements) does not at any time exceed 3.50 to 1.00, with the proviso that this ratio may exceed 3.50 to 1.00 once during the life of the Revolving Credit Agreement,revolving credit agreements, for one six-month period subject to certain criteria. Refer Itemto “Item 18: note 35 “CapitalFinancial Statements-Note 36-Capital Management” for the formulae used in terms of the RCF’srevolving credit agreements to test compliance with the covenants.

Change of control

If a lender so requires, the commitment of such lender under athe Multi-Currency Revolving Credit AgreementFacility or the ZAR Revolving Credit Facility will be cancelled and the participation of such lender in all outstanding loans, together with accrued interest and all other amounts accrued, will become immediately due and payable in case any person or group of persons acting in concert becomes (directly or indirectly) the beneficial owner of more than 50 percent of the issued share capital of AngloGold Ashanti Limited.

Undertakings applicable to all Revolving Credit Agreements

The Revolving Credit Agreementsrevolving credit agreements contain negative pledge covenants, including restrictions on the granting of security, a change of business of AngloGold Ashanti Limited and its subsidiaries, acquisitions or participations in joint ventures and mergers and disposals.

The Revolving Credit Agreementsrevolving credit agreements also contain, among others, the following affirmative covenants: mandatory periodic reporting of financial and other information, notice upon the occurrence of events of default and certain other events, compliance with environmental laws and other obligations requiring each of AngloGold Ashanti LimitedHoldings plc and its subsidiaries to maintain its corporate existence and qualifications to conduct its business as currently conducted in all applicable jurisdictions and to maintain insurance coverage.

The covenants are subject to exceptions and materiality thresholds.



Events of default applicable to all Revolving Credit Agreements

The Revolving Credit Agreementsrevolving credits agreements contain events of default including failure to make payment of amounts due, breach of obligations under the loan documents, defaults under other agreements evidencing indebtedness, certain bankruptcy events and a cessation of business, failure of any of the borrowers to be a wholly-owned subsidiary of AngloGold Ashanti LimitedHoldings plc and the occurrence of a material adverse change in the business and financial condition of the borrowers and guarantors under the Revolving Credit Agreements,revolving credit agreements, or AngloGold Ashanti and its subsidiaries as a whole, or in the ability of the borrowers and guarantors to perform their payment obligations under the loan documents. The occurrence of an event of default could result in the immediate and automatic cancellation of all commitments and the acceleration of all payment obligations under the Revolving Credit Agreementsrevolving credit agreements and the other loan documents.

The above description is only a summary of certain provisions of the Revolving Credit Agreementsrevolving credit agreements and is qualified in its entirety by reference to the provisions of the Revolving Credit Agreements,revolving credit agreements, a copy of each is attached hereto as Exhibit 19.4.4 and is incorporated herein by reference.

Notes

2013 Notes

On 30 July 2013, AngloGold Ashanti Holdings plc (AGAH) issued $1,250 million 8.500 percent Notes due 2020 (the 2013 Notes). The interest on the 2013 Notes was payable semi annually on 15 January and 15 July of each year, commencing on 15 January 2014. The offering of the 2013 Notes was registered under the Securities Act and the 2013 Notes were listed on the New York Stock Exchange. On 24 August 2015, AGAH offered to buy back up to $810 million in aggregate principal amount of the outstanding 2013 Notes. The offer was partially accepted and $779 million was settled in September 2015. The balance of the 2013 Notes was redeemed on 1 August 2016.

2012 Notes

On 30 July, 2012, AGAH,AngloGold Ashanti Holdings plc (AGAH), issued $750 million 5.125 percent Notes due 2022 (the 2012 Notes). The interest on the 2012 Notes is payable semi-annually on 1 February and 1 August of each year, commencing on 1 February, 2013. AGAH may on any one or more occasions redeem all or part of the 2012 Notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2012 Notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2012 Notes (excluding any portion of such payments of interest accrued or unpaid as of the date of redemption) discounted to the redemption date on a semiannual basis (assuming a 360-day year consisting of twelve 30-day months) at the treasury rate, plus 50 basis points, plus accrued and unpaid interest, if any, to the date of redemption. AGAH has agreed to pay certain additional amounts in respect of any withholdings or deductions for certain types of taxes in certain jurisdictions on payments to holders of the 2012 Notes. The 2012 Notes are unsecured and unsubordinated and are fully and unconditionally guaranteed by AngloGold Ashanti Limited.

AGAH has agreed to observe certain covenants with respect to the 2012 Notes restricting, subject to certain limitations, the ability of AngloGold Ashanti Limited and AGAH to amalgamate, reconstruct, consolidate or merge with another company or other legal entity, and the ability of AngloGold Ashanti Limited and its restricted subsidiaries to pledge their assets to secure certain borrowings, create or incur liens on certain of their property or to engage in sale and leaseback transactions. In case of a change of control of the guarantor and a downgrade, within a specified period, of the 2012 Notes below an investment grade rating by two rating agencies, holders of the 2012 Notes have the right to require the issuer to repurchase all or any part of their 2012 Notes in cash for a value equal to 101 percent of the aggregate principal amount of 2012 Notes repurchased, plus accrued and unpaid interest, if any, on the 2012 Notes repurchased to the date of purchase.

The offering of the 2012 Notes was registered under the Securities Act. The 2012 Notes were listed on the New York Stock Exchange.

2010 Notes

On 28 April, 2010, AGAH, issued $700 million 5.375 percent Notes due 2020 and $300 million 6.500 percent Notes due 2040 (together, the 2010 Notes). The interest on the 2010 Notes is payable semi-annually on 15 April and 15 October of each year, commencing on 15 October, 2010. AGAH may on any one or more occasions redeem all or part of the 2010 Notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2010 Notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2010 Notes (excluding any portion of such payments of interest accrued or unpaid as of the date of redemption) discounted to the redemption date on a semiannual basis (assuming a 360-day year consisting of twelve 30-day months) at the treasury rate, plus 25 basis points with respect to the 2010 Notes maturing in 2020 and 30 basis points with respect to the 2010 Notes maturing in 2040, plus accrued and unpaid interest, if any, to the date of redemption. AGAH has agreed to pay certain additional amounts in respect of any withholdings or deductions for certain types of taxes in certain jurisdictions on payments to holders of the 2010 Notes. The 2010 Notes are unsecured and unsubordinated and are fully and unconditionally guaranteed by AngloGold Ashanti Limited.

AGAH has agreed to observe certain covenants with respect to the 2010 Notes restricting, subject to certain limitations, the ability of AngloGold Ashanti Limited and AGAH to amalgamate, reconstruct, consolidate or merge with another company or other legal

entity, and the ability of AngloGold Ashanti Limited and its restricted subsidiaries to pledge their assets to secure certain borrowings, create or incur liens on certain of their property or to engage in sale and leaseback transactions. In case of a change of control of the guarantor and a downgrade, within a specified period, of a series of 2010 Notes below an investment grade rating by two rating agencies, holders of the 2010 Notes have the right to require the issuer to repurchase all or any part of their 2010 Notes in cash for a value equal to 101 percent of the aggregate principal amount of 2010 Notes repurchased, plus accrued and unpaid interest, if any, on the 2010 Notes repurchased to the date of purchase.

The offering of the 2010 Notes was registered under the Securities Act. The 2010 Notes were listed on the New York Stock Exchange.


For further information, see “Note 25:26: Borrowings” to our Annual Financial Statements included in Item 18 of this Annual Report, “Item 5B.:5B: Liquidity and Capital Resources” and “Item 19: Exhibits to Form 20-F”.


Description of AngloGold Ashanti ADSs

The Bank of New York Mellon issues AngloGold Ashanti’s American Depositary Shares, or ADSs. OneEach ADS represents the ownership interest of one ordinary share of AngloGold Ashanti.

The Deposit Agreement

This section provides a summary description of AngloGold Ashanti’s ADSs.

AngloGold Ashanti has entered into an Amended and Restated Deposit Agreement dated 3 June 2008 with The Bank of New York Mellon as depositary and the owners and beneficial owners of American Depositary Receipts (Deposit Agreement).

The following is a summary of the material provisions of the Deposit Agreement. For more complete information, read the entire Deposit Agreement and the Form of American Depositary Receipt, which AngloGold Ashanti has filed with the SEC as an exhibit to AngloGold Ashanti’s registration statementstatements on Form F‑6/A (FileF-6 (Registration No. 333‑133049)333-133049 and No. 333-159248) on 27 May 2008.2008 and 14 May 2009, respectively. See “Item 10.H.:10H: Documents Onon Display”. Copies of the Deposit Agreement are also available for inspection at the Corporate Trust Office of The Bank of New York Mellon currently located at 101 Barclay240 Greenwich Street, New York, New York 10286.

Description of the ADSs

The Bank of New York Mellon, as depositary, will registerregisters and deliverdelivers ADSs. Each ADS will representrepresents one ordinary share (or a right to receive one share) deposited with The Standard Bank of South Africa Limited, Société Générale South Africa Limited, FirstRand Bank Limited Nationalor HSBC Bank Australia Bank Limited of Australia and New Zealand Banking Group Limited, each as a custodian for The Bank of New York Mellon, and all of which are referred to collectively as “the Custodian”. Each ADS will also representrepresents any other securities, cash or other property which may be held by The Bank of New York Mellon. The Bank of New York Mellon’s Corporate Trust Office at which the ADSs will beare administered is located at 101 Barclay240 Greenwich Street, New York, New York 10286. The Bank of New York Mellon’s principal executive office is also located at One Wall240 Greenwich Street, New York, New York 10286.

ADSs may be held either (A) directly (i) by having an American Depositary Receipt, also referred to as an ADR, which is a certificate evidencing a specific number of ADSs, registered in the holder’s name, or (ii) by having ADSs registered in a holder’s name in the Direct Registration System, or (B) indirectly by holding a security entitlement in ADSs through a broker or other financial institution. If ADSs are held directly, such holders are ADS holders. This description applies to AngloGold Ashanti’s ADS holders. If ADSs are held indirectly, such holders must rely on the procedures of their broker or other financial institution to assert the rights of ADS registered holders described in this section. Such holders should consult with their broker or financial institution to find out what those procedures are.

The Direct Registration System, or DRS, is a system administered by DTC pursuant to which the depositary may register the ownership of uncertificated ADSs, which ownership will be evidenced by periodic statements sent by the depositary to the registered holders of uncertificated ADSs.

AngloGold Ashanti willdoes not treat ADS holders as its shareholders and ADS holders do not have shareholder rights. South African law governs shareholder rights. The Bank of New York Mellon is the holder of the shares underlying the ADSs. Registered holders of ADSs have ADS holder rights. The Deposit Agreement sets out ADS holder rights as well as the rights and obligations of The Bank of New York Mellon. New York law governs the Deposit Agreement and the ADSs.

Dividends and Other Distributions

The Bank of New York Mellon has agreed to pay to holders of ADSs the cash dividends or other distributions it or a custodianCustodian receives on AngloGold Ashanti ordinary shares or other deposited securities after deducting any fees and expenses and any applicable withholding taxes. Holders of ADSs will receive these distributions in proportion to the number of AngloGold Ashanti’s ordinary shares that their ADSs represent.

Cash

The Bank of New York Mellon will convert any cash dividend or other cash distribution (in South African rands) that AngloGold Ashanti pays on ordinary shares into US dollars (unless AngloGold Ashanti pays such dividend or cash distribution in US dollars) and distribute to registered holders of ADSs. If that is no longer possible or if any approval from any government is needed and cannot be obtained, The Bank of New York Mellon may distribute non-US currency only to those ADS holders to whom it is possible to make this type of distribution.


The Bank of New York Mellon may hold the non-US currency it cannot convert for the account of holders of ADSs who for one reason or the other have not been paid. It will not invest the non-US currency, and it will not be liable for interest on such amounts. Before making a distribution, any withholding taxes that must be paid will be deducted. See “Payment of Taxes” below. The Bank of New York Mellon will distribute only whole US dollars and cents and will round fractional cents to the nearest whole cent. If the exchange rates fluctuate during a time when The Bank of New York Mellon cannot convert the non-US currency, holders of ADSs may lose some or all of the value of the distribution.

Ordinary Shares

The Bank of New York Mellon may distribute to holders of ADSs additional ADSs representing ordinary shares that AngloGold Ashanti distributes as a dividend or free distribution, if AngloGold Ashanti provides such distributionit promptly with satisfactory evidence that it is legal to do so. If The Bank of New York Mellon does not distribute additional ADSs, the outstanding ADSs will also represent the newly distributed AngloGold Ashanti ordinary shares. The Bank of New York Mellon will only distribute whole ADSs. It will sell AngloGold Ashanti ordinary shares that would require it to deliver a fraction of an ADS and distribute the net proceeds in the same way as it distributes cash. The Bank of New York Mellon may sell a portion of the distributed shares sufficient to pay its fees and expenses in connection with that distribution.

Rights to Subscribe for Additional Ordinary Shares

If AngloGold Ashanti offers holders of its ordinary shares any rights to subscribe for additional AngloGold Ashanti ordinary shares or any other rights, The Bank of New York Mellon, after consultation with AngloGold Ashanti, may make these rights available to holders of ADSs or sell the rights and distribute the proceeds in the same way as it distributes cash. If The Bank of New York Mellon cannot do either of these things for any reason, it may allow these rights to lapse. In that case, holders of ADSs will receive no value for them.

If The Bank of New York Mellon makes these types of subscription rights available to holders of ADSs,ADS, upon instruction from holders of ADSs, it will exercise the rights and purchase AngloGold Ashanti’s ordinary shares on their behalf. The Bank of New York Mellon will then deposit the AngloGold Ashanti ordinary shares and deliver ADSs to the holders of ADSs. It will only exercise these rights if holders of ADSs pay it the exercise price and any other charges the rights require them to pay.

US securities laws may restrict the sale, deposit, cancellation and transfer of the ADSs issued after the exercise of rights. For example, holders of ADSs may not be able to trade the ADSs freely in the United States. In this case, The Bank of New York Mellon may deliver ADSs which are "restricted securities" within the meaning of Rule 144 which will have the same provisions as the ADSs described here, except for the changes needed to put the restrictions in place.

Other Distributions

The Bank of New York Mellon will send to holders of ADSs any other distributions that AngloGold Ashanti makes on deposited securities by any means it thinks is legal, fair and practical. If it cannot make the distribution in that way, The Bank of New York Mellon may decide to sell what AngloGold Ashanti distributes, and then distribute the net proceeds in the same way as it distributes cash, or it may decide to hold what AngloGold Ashanti distributes, in which case the outstanding ADSs will also represent the newly distributed property. However, The Bank of New York Mellon is not required to distribute any securities (other than ADSs) to ADS holders unless it receives satisfactory evidence from AngloGold Ashanti that it is legal to make that distribution. The Bank of New York Mellon may sell a portion of the distributed securities or property sufficient to pay its fees and expenses in connection with that distribution.

The Bank of New York Mellon is not responsible if, based on available information, it decides that it is unlawful or impractical to make a distribution available to any ADS holders. AngloGold Ashanti has no obligation to register ADSs, AngloGold Ashanti ordinary shares, rights or other securities under the US Securities Act of 1933. AngloGold Ashanti also has no obligation to take any other action to permit the distribution of ADSs, AngloGold Ashanti ordinary shares, or any other rights to ADS holders. This means that the holders of ADSs may not receive the distribution AngloGold Ashanti makes on its ordinary shares or any value for them if it is illegal or impracticalimpracticable for AngloGold Ashanti to make them available to the holders of ADSs.




Deposit, Withdrawal and Cancellation


The Bank of New York Mellon will deliver ADSs if a holder of AngloGold Ashanti’s ordinary shares or theirits broker deposits AngloGold Ashanti’s ordinary shares or evidence of rights to receive ordinary shares with the Custodian. Upon payment of its fees and expenses and of any taxes or charges, such as stamp taxes or stock transfer taxes or fees, The Bank of New York Mellon will register the appropriate number of ADSs in the names such holder of AngloGold Ashanti ordinary shares requests and will deliver the ADSs at its Corporate Trust officeOffice to the persons such holders request.

Holders of ADSs may turn in their ADSs at The Bank of New York Mellon’s Corporate Trust Office. Upon payment of its fees and expenses and of any taxes or charges, such as stamp taxes or stock transfer taxes or fees, The Bank of New York Mellon will deliver (1) the underlying ordinary shares to an account designated by the relevant holder of ADSs and (2) any other deposited

securities underlying the ADSs at the office of the Custodian, or, at the request, risk and expense of ADS holders, The Bank of New York Mellon will deliver the deposited securities at its Corporate Trust Office.

Interchange Between Certificated ADSs and Uncertificated ADSs

ADS registered holders may surrender their ADS to The Bank of New York Mellon for the purpose of exchanging such ADS for uncertificated ADSs. The Bank of New York Mellon will cancel that ADS and will send to the ADS registered holder a statement confirming that the ADS registered holder is the registered holder of uncertificated ADSs. Alternatively, upon receipt by The Bank of New York Mellon of a proper instruction from a registered holder of uncertificated ADSs requesting the exchange of uncertificated ADSs for certificated ADSs, The Bank of New York Mellon will execute and deliver to the ADS registered holder an ADS evidencing those ADSs.

Voting Rights

ADS registered holders may instruct The Bank of New York Mellon to vote the number of deposited shares their ADSs represent. The Bank of New York Mellon will notify ADS registered holders of shareholders’ meetings and arrange to deliver AngloGold Ashanti’s voting materials to them if AngloGold Ashanti asks it to. Those materials will describe the matters to be voted on and explain how ADS registered holders may instruct The Bank of New York Mellon how to vote. For instructions to be valid, they must reach The Bank of New York Mellon by a date set by The Bank of New York Mellon.

Otherwise, ADS registered holders will not be able to exercise their right to vote unless they withdraw the shares. However, ADS registered holders may not know about the meeting sufficiently in advance to withdraw the shares.

The Bank of New York Mellon will try, as far as practical,practicable, to vote or to have its agents vote the ordinary shares or other deposited securities as holders of ADSs instruct, but this is subject to South African law, the provisions of AngloGold Ashanti’s MoI and of the deposited securities and any applicable rule of the JSE. The Bank of New York Mellon will only vote or attempt to vote as such holders of ADSs instruct.

AngloGold Ashanti cannot assure the holders of ADSs that they will receive the voting materials in time for them to instruct The Bank of New York Mellon to vote their ordinary shares. In addition, The Bank of New York Mellon and its agents are not responsible for failing to carry out voting instructions or for the manner of carrying out voting instructions. This means that holders of ADSs may not be able to exercise their right to vote and there may be nothing they can do if their ordinary shares are not voted as they requested.




Fees and expensesExpenses
ADS holders must pay:For:
$5.00 (or less) per 100 ADSs

Each issuance of an ADS, including as a result of a distribution of AngloGold Ashanti ordinary shares or rights or other property

Each cancellation of an ADS, including if the Deposit Agreement terminates

$0.02 (or less) per ADS

Any cash payment
Registration or transfer fees
Transfer and registration of AngloGold Ashanti ordinary shares on the AngloGold Ashanti share register to or from the name of The Bank of New York Mellon or its agent when AngloGold Ashanti ordinary shares are deposited or withdrawn

$0.02 (or less) per ADS per year

Depositary services
Expenses of The Bank of New York Mellon
Conversion of non-US currency to US dollars

Cable, telex and facsimile transmission expenses

Servicing the deposited securities

Taxes and other governmental charges that The Bank of New York Mellon or any custodianCustodian has to pay on any ADS or AngloGold Ashanti ordinary share underlying an ADS, for example, stock transfer taxes, stamp duty or withholding taxes

As necessary

A fee equivalent to the fee that would have been payable if the securities distributed had been ordinary shares deposited for issuance of ADSs

Distribution of securities distributed to holders of deposited securities that are distributed by The Bank of New York Mellon to ADS holders


Payment of Taxes

Holders of ADSs will be responsible for any taxes or other governmental charges payable on their ADSs or on the deposited securities underlying their ADSs. The Bank of New York Mellon may refuse to transfer their ADSs or allow them to withdraw the deposited securities underlying their ADSs until such taxes or other charges are paid. It may apply payments owed to holders of ADSs or sell deposited securities underlying their ADSs to pay any taxes they owe, and they will remain liable for any deficiency. If theThe Bank of New York Mellon sells deposited securities, it will, if appropriate, reduce the number of ADSs to reflect the sale and pay to holders of ADSs any proceeds, or send to them any property remaining after it has paid the taxes.

Reclassifications
If AngloGold Ashanti:  Then:
Reclassifies, splits up or consolidates any of the deposited securities;

  
The cash, ordinary shares or other securities received by The Bank of New York Mellon will become deposited securities. Each ADS will automatically represent its equal share of the new deposited securities.

Distributes securities on the ordinary shares that are not distributed to holders of ADSs; or

Recapitalises, reorganises, merges, liquidates, sells all or substantially all of AngloGold Ashanti’s assets, or takes any similar action.

  
The Bank of New York Mellon may, and will if AngloGold Ashanti asks it to, distribute some or all of the cash, AngloGold Ashanti ordinary shares or other securities it receives. It may also issue new ADSs or ask holders of ADSs to surrender their outstanding ADSs in exchange for new ADSs identifying the new deposited securities.


Amendment and Termination

AngloGold Ashanti may, for any reason, agree with The Bank of New York Mellon to amend the Deposit Agreement and the ADSs without the consent of holders. If the amendment increases fees or charges (except for taxes and other governmental charges or registration fees, cable, telex or facsimile transmission costs, delivery costs or other such expenses) or if the amendment prejudices an important right of ADS holders, it will only become effective 30 days after The Bank of New York Mellon notifies holders of ADSs of the amendment. At the time an amendment becomes effective, holders of ADSs are considered, by continuing to hold their ADSs, to agree to the amendment and to be bound by the ADSs and the agreement as amended.

The Bank of New York Mellon may terminate the Deposit Agreement by mailing notice of termination to ADS holders at least 30 days prior to the date fixed in the notice if AngloGold Ashanti asks it to do so. The Bank of New York Mellon may also terminate the Deposit Agreement if The Bank of New York Mellon has told AngloGold Ashanti that it would like to resign and AngloGold Ashanti has not appointed a new depositary bank within 90 days. In both cases, The Bank of New York Mellon must notify holders of AngloGold Ashanti ADSs at least 30 days before termination.

After termination, The Bank of New York Mellon and its agents will be required to do only the following under the Deposit Agreement: collect distributions on the deposited securities, sell rights, and, upon surrender of ADSs, deliver AngloGold Ashanti ordinary shares and other deposited securities. Four months after the date of termination or later, The Bank of New York Mellon may sell any remaining deposited securities by public or private sale and will hold the proceeds of the sale, as well as any other cash it is holding under the Deposit Agreement, for the pro rata benefit of the ADS holders who have not surrendered their ADSs. It will not invest the money and will have no liability for interest. The Bank of New York Mellon’s only obligations will be to account for the proceeds of the sale and other cash. After termination, AngloGold Ashanti’s only obligations will be with respect to indemnification of, and payment of certain amounts to, The Bank of New York Mellon.

Limitations on Obligations and Liability to ADS Holders

The Deposit Agreement expressly limits AngloGold Ashanti’s obligations and the obligations of The Bank of New York Mellon, and limits AngloGold Ashanti’s liability and the liability of The Bank of New York Mellon. AngloGold Ashanti and The Bank of New York Mellon:
are only obligated to take the actions specifically set forth in the Deposit Agreement without negligence or bad faith;
are not liable if either of AngloGold Ashanti or The Bank of New York Mellon is prevented or delayed by law or circumstances beyond their control from performing their obligations under the Deposit Agreement;
are not liable if either of AngloGold Ashanti or The Bank of New York Mellon exercises discretion permitted under the Deposit Agreement;
are not liable for the inability of any holder of ADSs to benefit from any distribution on deposited securities that is not made available to holders of ADSs under the terms of the Deposit Agreement, or for any special, consequential or punitive damages for any breach of the terms of the Deposit Agreement;
have no obligation to become involved in a lawsuit or other proceeding related to the ADSs or the Deposit Agreement on behalf of the holders of ADSs or on behalf of any other party;

may rely on advice of or information from legal counsel, accountants, and any persons presenting AngloGold Ashanti’s ordinary shares for deposit, any registered holder or any other person believed by AngloGold Ashanti in good faith to be competent to give such advice or information; and
pursuant to the Deposit Agreement AngloGold Ashanti and The Bank of New York Mellon agree to indemnify each other under certain circumstances.

Requirements for Depositary Action

Before The Bank of New York Mellon will issue, transfer or register the transfer of an ADS, make a distribution on an ADS, or allow withdrawal of AngloGold Ashanti ordinary shares, The Bank of New York Mellon may require:
payment of stock transfer or other taxes or other governmental charges and transfer or registration fees charged by third parties for the transfer of any ordinary shares or other deposited securities;
production of satisfactory proof of the identity and genuineness of any signature or other information it deems necessary; and
compliance with regulations it may establish, from time to time, consistent with the Deposit Agreement, including presentation of transfer documents.

The Bank of New York Mellon may refuse to deliver, transfer or register transfers of ADSs generally when the books of The Bank of New York Mellon or AngloGold Ashanti’s booksAshanti are closed, or at any time if either AngloGold Ashanti or The Bank of New York Mellon thinks it advisable to do so.

Holders of ADSs have the right to cancel their ADSs and withdraw the underlying ordinary shares at any time except:
when temporary delays arise because: (1) either AngloGold Ashanti or The Bank of New York Mellon have closed AngloGold Ashanti’s transfer books; (2) the transfer of the ordinary shares is blocked in connection with voting at a general meeting of shareholders; or (3) AngloGold Ashanti is paying a dividend on the ordinary shares;
when ADS holders seeking to withdraw the ordinary shares are liable for unpaid fees, taxes and similar charges; or
when it is necessary to prohibit withdrawals in order to comply with any laws or governmental regulations that apply to ADSs or to the withdrawal of the ordinary shares or other deposited securities.

This right of withdrawal may not be limited by any other provision of the Deposit Agreement.

Pre-release of ADSs

In certain circumstances, subject to the provisions of the Deposit Agreement, The Bank of New York Mellon may deliver ADSs before deposit of the underlying ordinary shares. This is called a pre-release of the ADS.

The Bank of New York Mellon may also deliver AngloGold Ashanti ordinary shares upon cancellation of pre-released ADSs (even if the ADSs are cancelled before the pre-release transaction has been closed out). A pre-release is closed out as soon as the underlying AngloGold Ashanti ordinary shares are delivered to The Bank of New York Mellon. The Bank of New York Mellon may receive ADSs instead of ordinary shares to close out a pre-release.


The Bank of New York Mellon may pre-release ADSs only under the following conditions:
before or at the time of the pre-release, the person to whom the pre-release is being made must represent to The Bank of New York Mellon in writing that it or its customer: (a) owns the ordinary shares or ADSs to be remitted, (b) assigns all beneficial rights, title and interest in such ADSs or ordinary shares, as the case may be, to The Bank of New York Mellon in its capacity as the depositary and for the benefit of the ADS holders, and (c) will not take any action with respect to such ADSs or ordinary shares, as the case may be, that is consistent with the transfer of beneficial ownership (including, without the consent of The Bank of New York Mellon, disposing of such ADSs or ordinary shares, as the case may be) other than satisfaction of such pre-release;
the pre-release must be fully collateralized with cash, US government securities, or other collateral that The Bank of New York Mellon considers appropriate; and
theThe Bank of New York Mellon must be able to close out the pre-release on not more than five business days’ notice. Each pre-release will be subject to any further indemnities and credit regulations that The Bank of New York Mellon deems appropriate. The Bank of New York Mellon will normally limit the number of AngloGold Ashanti ordinary shares not deposited but represented by ADSs outstanding at any time as a result of pre-release so that they do not exceed 30 percent of the ordinary shares deposited, although The Bank of New York Mellon may disregard this limit from time to time, if it thinks it is appropriate to do so.

Direct Registration System

In the Deposit Agreement, all parties to the Deposit Agreement acknowledge that the DRS and Profile Modification System, or Profile, will apply to uncertificated ADSs upon acceptance thereof to DRS by The Depository Trust Company, also referred to as DTC. DRS is the system administered by DTC pursuant to which the depositary may register the ownership of uncertificated ADSs, which ownership will be evidenced by periodic statements sent by the depositary to the registered holders of uncertificated ADSs. Profile is a required feature of DRS which allows a DTC participant, claiming to act on behalf of a registered holder of ADSs, to direct the depositary to register a transfer of those ADSs to DTC or its nominee and to deliver those ADSs to the DTC account of that DTC participant without receipt by the depositary of prior authorization from the ADS registered holder to register that transfer.


In connection with and in accordance with the arrangements and procedures relating to DRS/Profile, the parties to the Deposit Agreement understand that The Bank of New York Mellon will not verify, determine or otherwise ascertain that the DTC participant which is claiming to be acting on behalf of an ADS holder in requesting registration of transfer and delivery described in the paragraph above has the actual authority to act on behalf of the ADS holder (notwithstanding any requirements under the Uniform Commercial Code). In the Deposit Agreement, the parties agree that The Bank of New York Mellon’s reliance on and compliance with instructions received by The Bank of New York Mellon through the DRS/Profile System and in accordance with the Deposit Agreement will not constitute negligence or bad faith on the part of The Bank of New York Mellon.

Shareholder Communications: Inspection of Register of Holders of ADSs

The Bank of New York Mellon will make available for inspection at its office all communications that it receives from AngloGold Ashanti as a holder of deposited securities that AngloGold Ashanti makes generally available to holders of deposited securities. The Bank of New York Mellon sends copies of those communications if requested by AngloGold Ashanti. ADS holders have a right to inspect the register of holders of ADSs, but not for the purpose of contacting those holders about a matter unrelated to AngloGold Ashanti’s business or the ADSs.


10D.    Exchange controls

Exchange controls and other limitations affecting security holders

The following is a general outline of South African exchange controls and such outline may not apply to former residents of South Africa. Investors should consult a professional advisor as to the exchange control implications of their particular investments.

South African law provides for exchange control regulations, which restrict the export of capital from the Common Monetary Area, which comprises South Africa, the Kingdoms of Lesotho and SwazilandEswatini (formerly Swaziland) and the Republic of Namibia. The exchange control regulations, which are administered by the Financial Surveillance Department of the South African Reserve Bank (SARB), are applied throughout the Common Monetary Area and regulate transactions (including capital flows into and out of the Common Monetary Area) involving South African residents, including natural persons and legal entities.

Government officials have from time to time stated their intentions to relax South Africa’s exchange control regulations when economic conditions permit such action. In his budget speech in March 1998, the then Minister of Finance first announced that restrictions relating to offshore investments by South African companies and individuals subject to South African exchange control would, to a limited extent, be lifted. Since then, the government has incrementally relaxed aspects of exchange control for South African companies and financial institutions as well as for South African individuals. However, it is impossible to predict with any certainty if and when the government will remove exchange controls in their entirety or how the controls may continue to change over time.

The comments below relate, in general, to exchange controls in place at the date of this annual report.

Investments in South African companies

A foreign investor may invest freely in ordinary shares in a South African company. Any foreign investor may also sell shares in a South African company and transfer the proceeds out of South Africa without restriction. Acquisitions of shares or assets of South African companies by non-South African purchasers are not generally subject to review and approval by the SARB when the consideration is in cash, but may require SARB review and approval in certain circumstances, including when the consideration is equity in a non-South African company or when the acquisition is financed by a loan from a South African lender.

Dividends

Dividends declared to foreign stockholders in public companies listed on the Johannesburg Stock Exchange (JSE) are not subject to the approval of the SARB. Dividends are freely transferable to foreign stockholders from both trading and non-trading profits earned in South Africa by public listed companies.

Voting rights

There are no limitations imposed by South African law, including South African exchange controls, or by the Memorandum of Incorporation of AngloGold Ashanti on the rights of non-South African shareholders to vote their ordinary shares.

Overseas financing, interest and investments

Interest on foreign loans, if paid from cash generated from operations in South Africa, may be remittable abroad, provided that the loans and the payment of the relevant interest in respect of such loans have received prior SARB approval.

AngloGold Ashanti and its South African subsidiaries require SARB approval to raise debt from and repay debt to non-residents of the Common Monetary Area, mainly in respect of the terms of repayment applicable to such loans, as well as any guarantees that may be provided in respect of such loans, by AngloGold Ashanti or its South African subsidiaries.

Debt raised outside the Common Monetary Area by AngloGold Ashanti’s non-South African subsidiaries is not restricted under South African exchange control regulations and can be used for investment outside the Common Monetary Area, subject to the relevant conditions imposed by the SARB in connection with such investment, the establishing of such a non-South African subsidiary or in raising the debt by such subsidiary. For example, AngloGold Ashanti and its South African subsidiaries would require SARB approval in order for AngloGold Ashanti and/or its South African subsidiaries to provide guarantees for the obligations of any of its non-South African subsidiaries. In addition, funds obtained from non-residents of the Common Monetary Area and debt raised outside the Common Monetary Area by AngloGold Ashanti’s non-South African subsidiaries must be repaid or serviced by AngloGold Ashanti’s foreign subsidiaries unless otherwise approved by the SARB.

A listing by a South African company on any stock exchange other than the JSE in connection with raising capital requires permission from the SARB.

Under current exchange control regulations, offshore investments by AngloGold Ashanti and its subsidiaries require the approval of the SARB. Subject to such prior approval of the SARB, there is no limit on the amount of capital that may be invested offshore.

10E.    Taxation

South African taxation

General
The following discussion summarises the South African tax consequences of the ownership and disposition of shares by South African residents or ADSs by a US holder (as defined below). and is not intended to constitute tax advice. This summary is based upon current South African tax law and South African Revenue Service (SARS) practice, the Convention Between the Government of the United States of America and the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, signed 17 February 1997 (Treaty), and in part upon representations of the depositary, and assumes that each obligation provided for in, or otherwise contemplated by, a Deposit Agreement and any related agreement will be performed in accordance with its respective terms.

The following summary of the South African tax considerations does not address the tax consequences to a US holder that is resident in South Africa for South African tax purposes, whose holding of shares or ADSs is effectively connected with a permanent establishment in South Africa through which such US holder carries on business activities or, in the case of an individual, who performs independent personal services, with a fixed base situated therein, or who is otherwise not entitled to full benefits under the Treaty.

The statements of law set forth below are subject to any changes (which may be applied retroactively) in South African law or in the interpretation thereof by SARS, or in the Treaty, occurring after the date hereof. It should be expressly noted that South African tax law does not specifically address the treatment of ADSs. However, it is reasonable to assume (although no assurance can be made) that the tax treatment of US holders of shares is also applicable to US holders of ADSs.

Holders are strongly urged to consult their own tax advisors as to the consequences under South African, US federal, state and local, and other applicable laws, of the ownership and disposition of shares or ADSs.

Taxation of dividends

South Africa currently imposes a Dividend Withholding Tax on Companies (dividends tax) at a rate of 20 percent on the net amount of the dividend declared and paid by a resident company, other than a Headquarter Company. This rate was increased to 20 percent on 22 February 2017 when the Minister of Finance announced the increase in the rate pertaining to the dividends paid by South African companies with effect from 1 March 2017.

The dividends tax is generally imposed on the beneficial owner.owner of the dividends. The dividends tax could be reduced to a lower rate under an applicable double tax treaty, if all requirements are met. In the case of dividends paid to a US holder with respect to shares, the Treaty would generally limit the dividends tax rate to five percent of the gross amount of the dividends if a corporate US holder holds directly at least 10 percent of the voting stock of AngloGold Ashanti.Ashanti, provided that the applicable declaration and undertaking are given by the beneficial owner that the reduced rate applies. In all other cases, the maximum tax rate under the Treaty is 15 percent of the gross amount of the dividend. Even though the domestic rate is thus 20 percent on the net amount of the dividends, the maximum rate that is payable under the Treaty is 15 percent of the gross amount of the dividends. There are differentDifferent rules to considermay apply if the beneficial owner of the dividends is a US resident who carries on business in South Africa through a permanent establishment situated in South Africa, or performs in South Africa independent personal services from a fixed base situated in South Africa, and the dividends are attributable to such permanent establishment or fixed base. Moreover, if the dividends tax rate is reduced under the auspices of an applicable double tax treaty, there are certain South African compliance requirements that must be met in order to accessobtain the double tax treaty relief, amongst others the completion of a declaration and undertaking by the recipientsbeneficial owners in favour of the Company.Company and/or the relevant participant. In terms of the latest tax proposals the declaration and undertaking need to be renewed at least every five years unless the regulated intermediary is subject to the provisions of the US Foreign Account Tax Compliance legislation.

The definition of aA dividend is currently meansdefined as any amount transferred or applied by a company that is a resident (including AngloGold Ashanti) for the benefit or on behalf of any person in respect of any share in that company, whether that amount is transferred or applied by way of a distribution made by the company, or as consideration for the acquisition of any share in that company. ItThe definition of a dividend specifically excludes any amount transferred or applied by the company that results in a reduction of so-called contributed tax capital (CTC), of the relevant class of shares, or constitutes shares in the company or constitutes an acquisition by the company of its own securities by way of a general repurchase of securities in terms of the JSE Listings Requirements. A distinction is thus made between a general repurchase of securities and a specific repurchase of securities. If the company embarks upon a general repurchase of securities, the proceeds are not deemed to be a dividend whereas, in the case of a specific repurchase of securities where the purchase price is not funded out of CTC of that class of shares, the proceeds are likely to constitute a dividend.

The concept of CTC effectively means the sum of the stated capital or share capital and share premium of a company that existed on 1 January 2011, excluding any transfers from reserves to the share premium account or stated capital account, plus proceeds from the issue of any new shares by a company. Any application of CTC is limited to the holders of a class of shares and specifically that a distribution of CTC attributable to a specific class must be made proportionately to the number of shares held by a shareholder in a specific class.

For dividends tax purposes a dividend is defined as any dividend as indicated above that is paid by a company that is a resident or paid by a foreign company if the share in respect of which that foreign dividend is paid is a listed share and to the extent that the foreign dividend does not constitute a distribution of an asset in kind.


Taxation of capital gains on sale or other disposition

South African residents are (subject to certain exemptions) taxed on their worldwide income, while non-residents are only taxed on South African sourced income (subject to the provisions of any relevant double taxation agreement).

Capital gains tax is not a separate tax to income tax; instead, a percentile of the taxpayer’s net capital gain (that is the taxable capital gain) is included in its taxable income on which it is taxed at the income tax rate.

Non-residents are only subject to the South African capital gains tax provisions in respect of the disposal of any immovable property (such as land or mining rights) or any interest or right of whatever nature to or in immovable property situated in South Africa, or any asset of a permanent establishment through which that non-resident is carrying on a trade in South Africa. In the instance of a shareholder holding shares in a South African company, the ‘interest in immovable property’ requirements are met if 80 percent or more of the market value of the shares is directly or indirectly attributable to South African immovable property held on capital account, and that shareholder (whether alone or together with any connected person in relation to that person), directly or indirectly, holds at least 20 percent of the equity shares of that South African company.

With effect from 1 October 2007, gains realizedGains realised on the sale of ordinary shares are automatically deemed to be on capital account and therefore, subject to capital gains tax ifprovided the ordinary shares have been held for a continuous period of at least three years by the holder thereof.years. This deeming provision is limited to ordinary shares and does not extend to preference shares or ADSs. The meaning of the word “resident” is different for individuals and corporations and is governed by the South African Income Tax Act, 1962 ( the Act) and by the Treaty. In the event of conflict, the Treaty, which contains a tie breaker clause or mechanism to determine residency if a holder is resident in both countries, will prevail. In terms of the Act and Treaty, a US resident holder of shares or ADSs will not be subject to capital gains tax on the disposal of securities held as capital assets unless the securities are linked to a permanent establishment conducted in South Africa. In contrast, gains on the disposal of securities which are not capital in nature are usually subject to income tax. However, even in the latter case, a US resident holder will not be subject to income tax, unless the US resident holder carries on business in South Africa through a permanent establishment situated therein.

The effective marginal rate for South African residents is 36 percent for trusts, 18 percent for individuals and 22,4 percent for companies. The income tax rate applicable in each instance is 45 percent for trusts, 45 percent for individuals and 28 percent for companies.

Securities transfer tax (STT)

No securities transfer tax, or STT, is payable in South Africa with respect to the issue of a security, but STT is payable upon transfer or redemption thereof.

STT on transfers of securities is charged at a rate of 0,25 percent on the 'taxable amount' of the 'transfer' of every security issued by a company incorporated in South Africa, or a company incorporated outside South Africa but listed on an exchange in South Africa, subject to certain exemptions.

The word 'transfer' is broadly defined and includes the transfer, sale, assignment or cession or disposal in any other manner of a security which results in a change in beneficial ownership.  The cancellation or redemption of a security is also regarded as a transfer'transfer' unless the company is being liquidated. However, the transfer of a security that does not result in a change in beneficial ownership is not regarded as a 'transfer' for STT purposes. A security is also defined as a depositary receipt in a company. Accordingly, STT is payable on the transfer of a depositary receipt issued by a company, including specifically the ADSs issued by AngloGold Ashanti. Generally, the central securities depositary that has been accepted as a participant in terms of the Financial Markets Act, is liable for the payment of the STT, on the basis that it is recoverable from the person to whom it is transferred.

STT is levied on the 'taxable amount' of a security.  The taxable amount of a listed security is the greater of the consideration for the security declared by the transferee or the closing price of that security as traded on the stock exchange concerned. In the case of a transfer of a listed security, either the member or the participant holding the security in custody, or where the listed security is not held in custody, the company that issued the listed security, is liable for the tax.  The tax must be paid by the fourteenth day of the month following the transfer.month during which the transfer occurred.

Withholding tax on interest

AGenerally, a 15 percent withholding tax on interest atmay apply to the ratepayments of 15 percent has been introduced with effect from 1 March 2015. Thisinterest. Under the Treaty, withholding is reduced to zero percent in terms of the Treaty to the extent thatprovided the interest is derived and beneficially owned by a resident of the other Contracting State.United States.

UNITED STATES TAXATIONValue-Added Tax

The issue or transfer of shares is not a taxable supply for value-added tax (“VAT”) purposes. However, fees charged by independent service providers would be subject to VAT at the standard rate of 15%.


United States Taxation

General
The following is a general summary of certain material US federal income tax consequences of the ownership and disposition of shares or ADSs to a US holder (as defined below) that holds its shares or ADSs as a capital asset. With respect to the following, references to shares includes references to ADSs unless the context indicates otherwise. This summary does not address any aspect of US federal gift or estate tax, or the state, local or non-US tax consequences to a US holder of shares or ADSs.shares. This

summary is based on US tax laws including the Internal Revenue Code of 1986, as amended (the Code), Treasury regulations promulgated thereunder, rulings, judicial decisions, administrative pronouncements, and the Treaty, all as currently in effect as of the date of this annual report, and all of which are subject to change or changes in interpretation, possibly with retroactive effect. In addition, this summary is based in part upon the representations of the depositary and the assumption that each obligation in the Deposit Agreement relating to the ADSs and any related agreement will be performed in accordance with its terms.

This summary does not address all aspects of US federal income taxation that may apply to holders that are subject to special tax rules, including US expatriates, non-resident aliens present in the United States for at least 183 days during the calendar year, insurance companies, tax-exempt entities, banks, certain financial institutions, persons subject to the alternative minimum tax, regulated investment companies, securities broker-dealers, traders in securities who elect to apply a mark-to-market method of accounting, investors that own (directly, indirectly or by attribution) 10 percent or more of the outstanding share capital or voting stock of AngloGold Ashanti, partnerships or other entities treated as partnerships for US federal income tax purposes or persons holding shares or ADSs through such entities, persons holding their shares or ADSs as part of a straddle, hedging or conversion transaction, persons who acquired their shares or ADSs pursuant to the exercise of employee stock options or otherwise as compensation, accrual basis taxpayers, or persons whose functional currency is not the US dollar. Such holders may be subject to US federal income tax consequences different from those set forth below.

As used herein, the term “US holder” means a beneficial owner of shares or ADSs that is: (a) a citizen or individual resident of the United States for US federal income tax purposes; (b) a corporation (or other entity taxable as a corporation for US federal income tax purposes) created or organised in or under the laws of the United States, or any state thereof (includingor the District of Columbia);Columbia; (c) an estate the income of which is subject to US federal income taxation regardless of its source; or (d) a trust if (i) a court within the United States can exercise primary supervision over the administration of the trust and one or more US persons are authorised to control all substantial decisions of the trust or (ii) it has a valid election in effect under applicable Treasury regulations to be treated as a United States person.

If a partnership (including for this purpose any entity treated as a partnership for US federal income tax purposes) holds shares, or ADSs, the tax treatment of a partner generally will depend upon the status of the partner and the activities of the partnership. If a US holder is a partner in a partnership that holds shares, or ADSs, the holder is urged to consult its own tax advisor regarding the specific tax consequences of the ownership and disposition of the shares or ADSs.shares.

US holders should consult their own tax advisors regarding the specific South African and US federal, state and local tax consequences of owning and disposing of shares or ADSs in light of their particular circumstances as well as any consequences arising under the laws of any other taxing jurisdiction. In particular, US holders are urged to consult their own tax advisors regarding whether they are eligible for benefits under the Treaty.

For US federal income tax purposes, a US holder of ADSs should generally be treated as owning the underlying shares represented by those ADSs. Therefore, deposits or withdrawals by a US holder of shares for ADSs or of ADSs for shares will not be subject to US federal income tax. The following discussion (except where otherwise expressly noted) applies equally to US holders of shares and US holders of ADSs.

Taxation of dividends

Taxation of dividends
The gross amount of any distribution (including the amount of any South African withholding tax thereon) paid to a US holder by AngloGold Ashanti generally will be taxable as dividend income to the US holder for US federal income tax purposes on the date the distribution is actually or constructively received by the US holder, in the case of shares, or by the depositary, in the case of ADSs. Corporate US holders will not be eligible for the dividends received deduction in respect of dividends paid by AngloGold Ashanti. For foreign tax credit limitation purposes, dividends paid by AngloGold Ashanti will be income from sources outside the United States.

As noted above in “-Taxation-South African Taxation-Taxation of dividends”, the South African government has enacted a dividend withholding tax. As a result, US holders who are eligible for benefits under the current Treaty will be subject to a maximum withholding tax of 15 percent on the gross amount of dividend distributions paid by AngloGold Ashanti.

The amount of any distribution paid in foreign currency (including the amount of any South African withholding tax thereon) generally will be includible in the gross income of a US holder of shares in an amount equal to the US dollar value of the foreign currency calculated by reference to the spot rate in effect on the date of receipt by the US holder, in the case of shares, or by the depositary, in the case of ADSs, regardless of whether the foreign currency is converted into US dollars on such date. If the foreign currency

is converted into US dollars on the date of receipt, a US holder of shares generally should not be required to recognise foreign currency gain or loss in respect of the dividend. If the foreign currency received in the distribution is not converted into US dollars on the date of receipt, a US holder of shares generally will have a tax basis in the foreign currency equal to its US dollar value on the date of receipt. Any gain or loss recognised upon a subsequent conversion or other disposition of the foreign currency generally will be treated as US source ordinary income or loss. In the case of a US holder of ADSs, the amount of any distribution paid in a foreign currency generally will be converted into US dollars by the depositary upon its receipt. Accordingly, a US holder of ADSs generally will not be required to recognise foreign currency gain or loss in respect of the distribution. Special rules govern and specific elections are available to accrual method taxpayers to determine the US dollar amount includible in income in the case of taxes withheld in a foreign currency. Accrual basis taxpayers are therefore urged to consult their own tax advisors regarding the requirements and elections applicable in this regard.

Subject to certain limitations, South African withholding taxes will be treated as foreign taxes eligible for credit against a US holder’s US federal income tax liability. The limitation on foreign taxes eligible for credit is calculated separately with respect to specific classes of income. Dividend income generally will constitute ‘passive category’ income, or in the case of certain US holders, ‘general category’ income. The use of foreign tax credits is subject to complex conditions and limitations. In lieu of a credit, a US holder who itemises deductions may elect to deduct all of such holder’s foreign taxes in the taxable year. A deduction does not reduce US tax on a dollar-for-dollar basis like a tax credit, but the deduction for foreign taxes is not subject to all the same limitations applicable to foreign tax credits. US holders are urged to consult their own tax advisors regarding the availability of foreign tax credits.

Certain US holders (including individuals) are eligible for reduced rates of US federal income tax in respect of “qualified dividend income” received. For this purpose, qualified dividend income generally includes dividends paid by a non-US corporation if, among other things, the US holders meet a certain minimum holding period and other requirements and the non-US corporation satisfies certain requirements, including that either (i) the ordinary shares (or ADSs) with respect to which the dividend has been paid are readily tradable on an established securities market in the United States, or (ii) the non-US corporation is eligible for the benefits of a comprehensive US income tax treaty (such as the Treaty) which provides for the exchange of information. AngloGold Ashanti currently believes that dividends paid with respect to its shares and ADSs should constitute qualified dividend income for US federal income tax purposes. AngloGold Ashanti anticipates that its dividends will be reported as qualified dividends on Forms 1099-DIV delivered to US holders. Each individual US holder of AngloGold Ashanti shares or ADSs is urged to consult his own tax advisor regarding the availability to him of the reduced dividend tax rate in light of his own particular situation.

The US Treasury has expressed concern that parties to whom ADSs are pre-released may be taking actions that are inconsistent with the claiming of foreign tax credits for US holders of ADSs. Such actions would also be inconsistent with the claiming of the reduced rate of tax described above, applicable to dividends received by certain non-corporate holders. Accordingly, the analysis of the creditability of South African withholding taxes or the availability of qualified dividend treatment could be affected by future actions that may be taken by the US Treasury with respect to ADSs.

Taxation of dispositions

Taxation of dispositions
If a US holder is a resident of the United States for purposes of the Treaty, such holder will not be subject to South African tax on any capital gain if it sells or disposes of its shares or ADSs.shares. Special rules apply to individuals who are residents of more than one country.

Subject to the passive foreign investment company considerations discussed below, upon athe sale, exchange or other disposition of shares, or ADSs, a US holder generally will recognise capital gain or loss for US federal income tax purposes in an amount equal to the difference between the US dollar value of the amount realised on the disposition and the holder'sholder’s tax basis, determined in US dollars, in the shares or ADSs.shares. Such gain or loss generally will be US source gain or loss, and will be treated as a long-term capital gain or loss if the holder’s holding period in the shares or ADSs exceeds one year at the time of disposition. If the US holder is an individual, any capital gain generally will be subject to US federal income tax at preferential rates if specified minimum holding periods are met. The deductibility of capital losses is subject to significant limitations.limitations under the Code.

A US holder’s tax basis in a share will generally be its US dollar cost. The US dollar cost of a share purchased with foreign currency will generally be the US dollar value of the purchase price on the date of purchase, or the settlement date for the purchase in the case of shares traded on an established securities market that are purchased by a cash basis US holder or an electing accrual basis US holder. The amount realised on a sale or other disposition of shares for an amount in foreign currency will be the US dollar value of this amount on the date of sale or disposition. On the settlement date, the US holder will recognise US source foreign currency gain or loss (taxable as ordinary income or loss) equal to the difference (if any) between the US dollar value of the amount received based on the exchange rates in effect on the date of sale or other disposition and the settlement date. However, in the case of shares traded on an established securities market that are sold by a cash basis US holder (or an accrual basis US holder that so elects), the amount realised will be based on the exchange rate in effect on the settlement date for the sale, and no exchange gain or loss will be recognised at that time. If an accrual basis US holder makes either of the elections described above, it must be applied consistently from year to year and cannot be revoked without the consent of the Internal Revenue Services (IRS).

Foreign currency received on the sale or other disposition of a share will have a tax basis equal to its US dollar value on the settlement date. Any gain or loss recognised on a sale or other disposition of foreign currency (including its use to purchase shares or upon exchange for US dollars) will be US source ordinary income or loss.

Passive foreign investment company considerations

Passive foreign investment company considerations
A non-USforeign corporation will be classified a Passive Foreign Investment Companypassive foreign investment company (PFIC) for any taxable year if at least 75 percent of its gross income consists of passive income (such as dividends, interest, rents or royalties (other than rents or royalties derived in the active conduct of a trade or business and received from an unrelated person), or gains on the disposition of certain minority interests), or at least 50 percent of the average value of its assets consists of assets that produce, or are held for the production of, passive income. AngloGold Ashanti believes that it was not treated as a PFIC for the taxable year ended 31 December 20162019 or

any prior taxable years and does not expect to become a PFIC in the foreseeable future. If AngloGold Ashanti were characterised as a PFIC for any taxable year, a US holder would suffer adverse tax consequences with respect to that taxable year and all future years during which it holds AngloGold Ashanti ordinary shares (or ADSs).

shares.
These consequences may include having gainsgain realised on the disposition of shares treated as ordinary income rather than capital gainsgain and being subject to punitive interest charges on the receipt of certain dividends and on the proceeds of the sale or other disposition of the shares. Furthermore, dividends paid by AngloGold Ashanti would not be “qualified dividend income” and would be taxed at the higher rates applicable to other items of ordinary income. US holders should consult their own tax advisors regarding the potential application of the PFIC rules to their ownership of the shares.

US information reporting and backup withholding

US information reporting and backup withholding
In general, dividend payments made to a US holder and proceeds paid from the sale, exchange, or other disposition of shares may be subject to information reporting to the IRS and possible backup withholding. US federal backup withholding generally is imposed at a current rate of 24 percent on specified payments including dividends and gross sale proceeds to persons who fail to furnish required information. Backup withholding will not apply to a US holder who furnishes a correct taxpayer identification number or certificate of foreign status and makes any other required certification or who is otherwise exempt from backup withholding. US persons who are required to establish their exempt status generally must provide IRS Form W-9 (Request for Taxpayer Identification Number and Certification). Non-US holders generally will not be subject to US information reporting or backup withholding. However, these holders may be required to provide certification of non-US status (generally on IRS Form W-8BEN or W-8BEN-E) in connection with payments received in the United States or through certain US-related financial intermediaries. Backup withholding is not an additional tax. Amounts withheld as backup withholding may be credited against a holder’s US federal income tax liability. A holder may obtain a refund of any excess amounts withheld under the backup withholding rules by filing the appropriate claim for refund with the IRS and furnishing any required information.

Information with respect to foreign financial assets

Information with respect to foreign financial assets
Individuals that own “specified foreign financial assets” with an aggregate value in excess of $50,000 are generally required to file information reports with respect to such assets with their U.S. federal income tax returns. Depending on the individual’s circumstances, higher threshold amounts may apply. “Specified foreign financial assets” include any financial accounts maintained by foreign financial institutions, as well as any of the following, but only if they are not held in accounts maintained by financial institutions: (i) stocks and securities issued by non-United Statesforeign persons, (ii) financial instruments and contracts held for investment that have non-United Statesforeign issuers or counterparties and (iii) interests in non-United Statesforeign entities. TheTherefore, the shares or ADSs may be treated as specified foreign financial assets. In such cases, certain US holders may be subject to this information reporting regime and be required to file IRS form 8938 listing these assets with their U.S. federal income tax returns. Failure to file information reports may subject a US holder to penalties. US holders are urged to consult their own tax advisors regarding their obligations to file information reports with respect to the shares and ADSs.shares.





10F.DIVIDENDS AND PAYING AGENTS

Not applicable.







10G.STATEMENT BY EXPERTS

Not applicable.







10H.    Documents on displayDisplay

AngloGold Ashanti files annual reports on Form 20-F and reports on Form 6-K with the SEC. You may read and copyaccess this information at the SEC’s Public Reference Room at 100F Street, N.E., Room 1580, Washington D.C. 20549 or by accessing the SEC’s home page (http://www.sec.gov). You can also request copies of documents, upon payment of a duplicating fee, by writing to the Public Reference Section of the SEC. Please call the SEC at 1-800-SEC-0330 for further information on the operation of the Public Reference Room. In addition, AngloGold Ashanti’s reports and other information may be inspected at the offices of the New York Stock Exchange, 20 Broad Street, New York, New York 10005. Copies of the documents referred to herein may also be inspected at AngloGold Ashanti’s offices by contacting AngloGold Ashanti at 76 Rahima Moosa Street, Newtown, Johannesburg, 2001 (P.O. Box 62117, Marshalltown, 2107) South Africa, Attention: Company Secretary, telephone number:
+27 +27 11 637 6000.

No material on the AngloGold Ashanti website forms any part of, or is incorporated by reference into, this annual report on Form 20-F. References herein to the company’s website shall not be deemed to cause such incorporation.





10I.SUBSIDIARY INFORMATION

Not applicable.

ITEM 11: QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK

TREASURY POLICY

Risk management activities within the group are the ultimate responsibility of the board of directors. The Chief Financial Officer is responsible to the board of directors for the design, implementation and monitoring of the risk management plan. The Audit and Risk Committee is responsible for overseeing risk management plans and systems, as well as financial risks which include a review of treasury activities and exposure to the group’s counterparties.

Under the treasury and risk management policy, hedges may be put in place using approved instruments over the group’s planned gold production and resultant gold sales currency exposures. The tenor of the hedges may extend out to ten10 years. The treasury and risk management policy sets limits on the extent to which the hedge position may change for the various levels of treasury management from dealer, through treasurer, executive management and board.

The financial risk management activities objectives of the group are as follows:
Safeguarding the group’s core earnings stream from its major assets through the effective control and management of gold and other commodity price risk, foreign exchange risk and interest rate risk;
Effective and efficient usage of credit facilities in both the short- and long-term through the adoption of reliable liquidity management planning and procedures;
Ensuring that investment and hedging transactions are undertaken with creditworthy counterparts; and
Ensuring that all contracts and agreements related to financial risk management activities are co-ordinated and consistent throughout the group and comply where necessary with all relevant regulatory and statutory requirements.

Under the treasury and risk management policy, treasury reports are produced at the following minimum intervals for review by management and the board of directors.

Daily Treasurer
Monthly Executive Committee
QuarterlyAudit and Risk Committee and Board of Directors
Half-yearly Audit and Risk Committee, Board of Directors and shareholder reports

The Treasury Risk Analyst is responsible for monitoring all reports for completeness and accuracy which are reviewed by the Treasurer.

At AngloGold Ashanti, all front office (dealing), middle office (risk reporting), back office (deal confirmations) and payment (treasury settlements) activities are segregated. All treasury transactions are captured on a third party developed treasury and risk management system that is widely used in corporate treasuries. The group internal audit function conducts regular and ad-hoc reviews of the activities of treasury and the group’s treasury system.

Gold price risk management activities

In the normal course of its operations, the group is exposed to gold and other commodity price, currency, interest rate, equity price, liquidity and non-performance risk, which includes credit risk. The group is also exposed to certain by-product commodity price risk. In order to manage these risks, the group may enter into transactions which make use of derivatives. The group has developed a risk management process to facilitate, control and monitor these risks.

Gold price risk arises from the risk of an adverse effect of current or future earnings resulting from fluctuations in the price of gold. The group eliminated its hedge book during 2010 and has since had full exposure to the spot price of gold.

As at 31 December 2019, the group had no commitments against future production potentially settled in cash.

In January 2020, AGA entered into Asian style zero-cost collars for a total of 130,900 ounces ( i.e. 70% of Argentina’s annual gold production) for the period February 2020 to December 2020. The strike prices are $1,500 per ounce on the floor and an average price of $1,701.34 per ounce on the cap.

Foreign exchange price risk protection agreements

The group, from time to time, may enter into currency forward exchange and currency option contracts to hedge certain anticipated transactions denominated in foreign currencies. The objective of the group’s foreign currency hedging activities is to protect the group from the risk that the eventual cash flows resulting from transactions denominated in US dollars will be adversely affected by changes in exchange rates.


As at 31 December 2019 and 2018, the group had no open forward exchange or currency option contracts in its currency hedge position.


IFRS guidance on derivatives and hedging requires that derivative instruments be accounted for as follows:

Contracts that meet the criteria for hedge accounting are designated as the hedging instruments, hedging the variability of forecasted cash flows from the sale of production into the spot market and from capital expenditure denominated in a foreign currency and are classified as cash flow hedges. Cash flow hedge losses pertaining to capital expenditure of $2m$1 million as at 31 December 2017 (2016: $2m)2019 (2018: $1 million) are expected to be reclassified from accumulated other comprehensive income and recognised as an adjustment to depreciation expense over the life of the Serra Grande mine.
All other derivatives are measured at their estimated fair value, with the changes in estimated fair value at each reporting date reported as gains or losses on derivatives in earnings in the period in which they occur.

Cash flows related to these instruments designated as qualifying hedges are reflected in the consolidated statement of cash flows in the same category as the cash flow from the items being hedged. Accordingly, cash flows relating to the settlement of forward sale commodity derivatives contracts hedging the forecasted sale of production into the spot market will be reflected upon settlement as a component of operating cash flows.



Foreign exchange price risk protection agreements

The group, from time to time, may enter into currency forward exchange and currency option contracts to hedge certain anticipated transactions denominated in foreign currencies. The objective of the group’s foreign currency hedging activities is to protect the group from the risk that the eventual cash flows resulting from transactions denominated in US dollars will be adversely affected by changes in exchange rates.

As at 31 December 2017 and 2016, the group had no open forward exchange or currency option contracts in its currency hedge position.

Interest rate and liquidity risk

Fluctuations in interest rates impactsimpact interest paid and received on the short-term cash investments and financing activities, giving rise to interest rate risk.

In the ordinary course of business, the group receives cash from the proceeds of its gold sales and is required to fund its working capital requirements. This cash is managed to ensure that surplus funds are invested in a manner to achieve market related returns while minimising risks.

The group is able to actively source financing at competitive rates. The counterparts are financial and banking institutions and their credit ratings are regularly monitored by the group.

Cash and loans advanced maturity profile
20172016 20192018
Maturity dateCurrency
Fixed rate
investment
amount
(million)

 
Effective
rate %
 
Floating rate
investment
amount
(million)

 
Effective
rate %
Fixed rate
investment
amount
(million)

 
Effective
rate %
 
Floating rate
investment
amount
(million)

 
Effective
rate %
Currency
Fixed rate
investment
amount
(million)

 
Effective
rate %
 
Floating rate
investment
amount
(million)

 
Effective
rate %
Fixed rate
investment
amount
(million)

 
Effective
rate %
 
Floating rate
investment
amount
(million)

 
Effective
rate %
All less than one year$
  57
 2.397
 0.80 37
 0.42$21
 0.58 103
 1.09
  131
 1.99
ZAR123
 6.46 157
 5.78625
 6.69 127
 5.49ZAR166
 6.56 25
 5.00121
 6.44 21
 5.25
AUD
  22
 3.00
  31
 3.50AUD
  41
 0.23
  52
 0.20
BRL
  28
 8.60
  5
 14.08BRL
  33
 5.94
  64
 6.13
ARS
  
 
  1
 20.00ARS1,831
 35.00 81
 28.00
  
 

Borrowings maturity profile 
Within one year 
Between
One and two years
Between Two
and five years
After five yearsTotalWithin one year 
Between
One and two years
Between Two
and five years
After five yearsTotal
Currency
Borrowings
amount
(million)

 
Effective
rate
%
 
Borrowings
amount
(million)

 
Effective
rate
%
Borrowings
amount
(million)

 
Effective
rate
%
Borrowings
amount
(million)

 
Effective
rate
%
Borrowings amount (million)
Borrowings
amount
(million)

 
Effective
rate
%

 
Borrowings
amount
(million)

 
Effective
rate
%

Borrowings
amount
(million)

 
Effective
rate
%

Borrowings
amount
(million)

 
Effective
rate
%

Borrowings amount (million)
$28
 5.4 48
 4.91,441
 5.2291
 6.51,808
731
 5.4
 65
 9.3
811
 5.5
291
 6.5
1,898
ZAR34
 10.2 42
 10.22,826
 8.8194
 15.53,096
9
 8.2
 
 
999
 8.5

 
1,008
BRL3
 5.7 3
 5.63
 5.0
 9
1
 3.2
 
 
1
 3.2

 
2
AUD7
 5.9 214
 4.621
 6.841
 6.8283

 
 
 
22
 2.3

 
2
TZS4,955
 12.5
 103,185
 12.5

 

 
108,140

The table above is based on the borrowings as at 31 December 20172019 including borrowing cost and accrued interest but excludes any fair value adjustments.


Interest rate risk 
 Fixed for less than one year Fixed for between one and three years Fixed for greater than three years   Fixed for less than one year Fixed for between one and three years Fixed for greater than three years  
Currency 
Borrowings
amount
(million)

 
Effective
rate
%
 
Borrowings
amount
(million)

 
Effective
rate
%
 
Borrowings
amount
(million)

 
Effective
rate
%
 
Total
Borrowings
amount
(million)

 
Borrowings
amount
(million)

 
Effective
rate
%

 
Borrowings
amount
(million)

 
Effective
rate
%
 
Borrowings
amount
(million)

 
Effective
rate
%

 
Total
Borrowings
amount
(million)

$ 28
 5.4 746
 5.1 1,034
 5.5 1,808
 731
 5.4
 811
 5.5 356
 5.3
 1,898
ZAR 34
 10.2 2,786
 8.8 276
 14.0 3,096
 9
 8.2
 999
 8.5 
 
 1,008
BRL 3
 5.7 3
 5.2 3
 5.3 9
 1
 3.2
 1
 3.2 
 
 2
AUD 7
 6.5 221
 4.6 55
 6.8 283
 
 
 
  22
 2.3
 22
TZS 4,955
 12.5
 103,185
 12.5 
 
 108,140

The table above is based on the borrowings as at 31 December 20172019 including borrowing cost and accrued interest but excludes any fair value adjustments.

Non-performance risk

Realisation of contracts is dependent upon counterparts’ performance. The group has not obtained collateral or other security to support the financial instruments subject to non-performance risk, but the credit standing of counterparts was monitored on a regular basis throughout the year. The group spreads its business over a number of financial and banking institutions to minimise the risk of potential non-performance risk.non-performance. Furthermore, the approval process of counterparts and the limits applied to each counterpart were monitored by the board of directors. Where possible, ISDA netting agreements were put in place.

The combined maximum credit risk exposure at balance sheet date amounts to $361$644 million in 2019 for financial assets (2016: $395(2018: $495 million) and nil million for financial guarantees (2016: nil million)(2018: nil). Credit risk exposure netted by open derivative positions with counterparts was nil (2016:(2018: nil). No set-off is applied to balance sheet amounts due to the different maturity profiles of assets and liabilities.

Fair value of financial instruments

The estimated fair values of financial instruments are determined at discrete points in time based on relevant market information. The estimated fair values of the group’s financial instruments, as measured at 31 December, are as follows (assets (liabilities)):

 2017 2016 2019 2018
 
Carrying
Amount

 
Fair
value

 
Carrying
Amount

 
Fair
value

 
Carrying
Amount

 
Fair
value

 
Carrying
Amount

 
Fair
value

(millions) $
 $
 $
 $
 $
 $
 $
 $
Cash and cash equivalents 205
 205
 215
 215
 456
 456
 329
 329
Restricted cash 65
 65
 55
 55
 64
 64
 66
 66
Short-term borrowings (38) (38) (34) (34) (734) (741) (139) (139)
Long-term borrowings (2,230) (2,339) (2,144) (2,169) (1,299) (1,394) (1,911) (1,945)
Listed investments - available for sale 80
 80
 51
 51
Listed investments - held to maturity 4
 6
 6
 8
Unlisted investments - held to maturity 54
 54
 73
 73
Listed investments - FVTPL 21
 21
 19
 19
Listed investments - FVTOCI 82
 82
 69
 69
Listed and unlisted investments - held to maturity 67
 67
 59
 59

The following methods and assumptions were used to estimate the fair value of each class of financial instrument:

Cash restricted for use, cash and cash equivalents

The carrying amounts approximate fair value.

Trade and other receivables and trade and other payables

The carrying amounts approximate fair value because of the short-term duration of these instruments.

Investments and other non-current assets

Listed equity investments classified as available-for-saleFVTOCI and FVTPL are carried at fair value while fixed income investments and other non-current assets are carried at amortised cost. The fair value of fixed income investments and other non-current assets has been calculated using market interest rates. The unlisted equity investments are carried at cost or fair value.cost.

Borrowings

The interest rate on borrowings is reset on a short-term floating rate basis, and accordingly the carrying amount is considered to approximate fair value.

Derivatives

The fair values of volatility-based instruments (i.e. options) are estimated based on market prices, volatilities, credit risk and interest rates for the periods under review.


Gain (loss) on non-hedge derivatives and other commodity contracts recognised
Year ended 31 DecemberYear ended 31 December
2017
 2016
2019
 2018
(millions)$ $$ $
Unrealised      
Gain (loss) on non-hedge derivatives and other commodity contracts10
 18
Other commodity contracts(1)
8
 2

Other comprehensive income
 
Accumulated other
comprehensive income

 
Changes in fair
value recognised

 
Reclassification
adjustments

 
Accumulated other
comprehensive income

 
as of 1 January 2017


 in 2017
   
as of 31 December 2017


(millions)$ $ $ $
Derivatives designated as       
Capital expenditure(2) 
 
 (2)
Before tax totals(2) 
 
 (2)
After tax totals(1) 
 
 (1)
 
Accumulated other
comprehensive income

 
Changes in fair
value recognised

 
Reclassification
adjustments

 

Accumulated other
comprehensive income

 
as of 1 January 2016


 in 2016
   
as of 31 December 2016


(millions)$ $ $ $
Derivatives designated as       
Capital expenditure(2) 
 
 (2)
Before tax totals(2) 
 
 (2)
After tax totals(1) 
 
 (1)
(1)
Included in other commodity contracts are amounts transferred to held for sale liabilities.

Foreign exchange risk

Foreign exchange risk arises on financial instruments that are denominated in a foreign currency.

The following table discloses the approximate foreign exchange risk sensitivities of borrowings at 31 December 20172019 (actual changes in the timing and amount of the following variables may differ from the assumed changes below).
  20172019
  
Change in
exchange rate
 
 Change in
borrowings
Total

    $M
Debt    
ZAR denominated (R/$) Spot (+R1.50) (267)
TZS denominated (TZS/$)Spot (+TZS250)(5)
AUD denominated (AUD/$) Spot (+AUD0.1) (161)
   
  
2017

2019
  
Change in
exchange rate
 
Change in
borrowings
Total

    $M
Debt    
ZAR denominated (R/$) Spot (-R1.50) 339
TZS denominated (TZS/$)Spot (-TZS250)6
AUD denominated (AUD/$) Spot (-AUD0.1) 191
     

ITEM 12:    DESCRIPTION OF SECURITIES OTHER THAN EQUITY SECURITIES



12A.DEBT SECURITIES

Not applicable




12B.WARRANTS AND RIGHTS

Not applicable



12C.OTHER SECURITIES

Not applicable



12D.AMERICAN DEPOSITORYDEPOSITARY SHARES


12D.3.DEPOSITARY FEES AND CHARGES


AngloGold Ashanti’s American Depositary Shares, or ADSs, each representing one of AngloGold Ashanti’s ordinary shares, are traded on the New York Stock Exchange under the symbol “AU.” The ADSs are evidenced by American Depositary Receipts, or ADRs, issued by The Bank of New York Mellon, as Depositary under the Amended and Restated Deposit Agreement dated as of 3 June 2008, among AngloGold Ashanti Limited, The Bank of New York Mellon and owners and beneficial owners of from time to time of ADRs. ADS holders may have to pay the following service fees to the Depositary:
ServiceFees (USD)
  
Issuance of ADSsUp to 5 cents per ADS
(1) 
Cancellation of ADSsUp to 5 cents per ADS
(1) 
Distribution of cash dividends or other cash distributionsUp to 2 cents per ADS
(2) 
Distribution of securities pursuant to  
(i) stock dividends, free stock distributions or  
(ii) exercises of rights to purchase additional ADSsUp to 5 cents per ADS
(2) 
ADR Depositary Services feeUp to 2 cents per year
(2) 
(1) 
These fees are typically paid to the Depositary by the brokers on behalf of their clients receiving the newly-issued ADSs from the Depositary and by the brokers on behalf of their clients delivering the ADSs to the Depositary for cancellation. The brokers in turn charge these transaction fees to their clients.
(2) 
In practice, the Depositary has not collected these fees. If collected, such fees are offset against the related distribution made to the ADR holder.

In addition, ADS holders are responsible for certain fees and expenses incurred by the Depositary on their behalf including (1) taxes and other governmental charges, (2) such registration fees as may from time to time be in effect for the registration of transfers of ordinary shares generally on the share register and applicable to transfers of ordinary shares to the name of the Depositary or its nominee or the Custodian or its nominee on the making of deposits or withdrawals, and (3) such cable, telex and facsimile transmission expenses as are expressly incurred by the Depositary in the conversion of foreign currency.

Fees and other charges payable by the Depositary, any of the Depositary’s agents, including the Custodian, or the agents of the Depositary’s agents in connection with the servicing of Shares or other Deposited Securities, shall be collected at the sole discretion of the Depositary by billing such owners for such charge or by deducting such charge from one or more cash dividends or other cash distributions.

For further information, refer to “Item 10C: Material Contracts - The Deposit Agreement”.



12D.4.DEPOSITARY PAYMENTS FOR 20172019

For the year ended 31 December 2017,2019, The Bank of New York Mellon, as Depositary, reimbursed AngloGold Ashanti an amount of $867,747 (2016: $1,185,580)$1,097,316.10 (2018: $557,454) mainly for investor relations related expenses.




PART II
ITEM 13:DEFAULTS, DIVIDEND ARREARAGES AND DELINQUENCIES

None.

ITEM 14:    MATERIAL MODIFICATIONS TO THE RIGHTS OF SECURITY HOLDERS AND USE OF PROCEEDS

None.


ITEM 15: CONTROLS AND PROCEDURES

(a)
Disclosure Controls and Procedures: As of 31 December 20172019, (the “Evaluation Date”), the company, under the supervision and with the participation of its management, including the chief executive officer and chief financial officer has evaluated the effectiveness of the company’s disclosure controls and procedures (as defined in Rules 13a - 15(e) and 15d - 15(e) under the Securities Exchange Act of 1934, as amended (“the Exchange Act”)). Based on such evaluation, the chief executive officer and chief financial officer have concluded that, as of the Evaluation Date, the company’s disclosure controls and procedures are effective, and are reasonably designed to ensure that information required to be disclosed by the company in reports that it files or submits under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the rules and forms of the Securities and Exchange Commission. These disclosure controls and procedures include without limitation, controls and procedures designed to ensure that information required to be disclosed by the company in reports that it files or submits under the Exchange Act is accumulated and communicated to the company’s management, including its chief executive officer and chief financial officer, as appropriate to allow timely decisions regarding disclosure.

(b)
Management’s Annual Report on Internal Control over Financial Reporting: Management is responsible for establishing and maintaining adequate internal control over financial reporting for the company, as defined in the Exchange Act Rule 13a - 15(f) and 15d -15(f). The company’s internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of the company’s financial statements for external purposes in accordance with International Financial Reporting Standards as issued by the International Accounting Standards Board.

The company’s internal control over financial reporting includes those policies and procedures that:

Pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect transactions and dispositions of the assets of the company;
Provide reasonable assurance that the transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorisations of management and the Directors of the company; and
Provide reasonable assurance regarding prevention or timely detection of unauthorised acquisition, use, or disposition of the company’s assets that could have a material effect on the financial statements.

Because of inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Projections of any evaluation of effectiveness to future periods is subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with policies and procedures may deteriorate.

The company’s management assessed the effectiveness of the company’s internal control over financial reporting as of the Evaluation Date. In making this assessment, management used the criteria set forth by the Committee of Sponsoring Organisations of the Treadway Commission (COSO) in Internal Control - Integrated Framework and related illustrative documents released on 14 May 14, 2013. Based on this assessment, and using those criteria, management concluded that the company’s internal control over financial reporting was effective as of the Evaluation Date.

(c)
Changes in Internal Control over Financial Reporting:The Company maintains a system of internal control over financial reporting that is designed to provide reasonable assurance that its books and records accurately reflect transactions and that established policies and procedures are followed. The Company started in 2013 with the implementation of an enterprise resource planning (“ERP”) system on a staggered basis and concluded with the implementation in quarter four of 2013 at all operations excluding its Continental Africa Region, for financial reasons. The ERP implementation will continue at Obuasi within the Continental Africa Region during quarter 3 of 2018.  The continuous implementation will result in a change to the system of internal control over financial reporting at the implicated sites. The Company continues to implement the global ERP system to improve standardization and automation, and not in response to a deficiency in its internal control over financial reporting. The Company believes that the continuing implementation of the ERP system and related changes to internal controls will enhance its internal controls over financial reporting while providing the ability to scale its business in the future.  The Company has taken the necessary steps to monitor and maintain appropriate internal control over financial reporting during this period of change and will continue to evaluate the operating effectiveness of related key controls during subsequent periods.

South Africa Region is currently going through a significant restructuring which includes a rationalization of jobs at various levels. The changes will have a direct impact on the internal control environment over financial reporting and management has implemented the necessary controls and safeguards to ensure that the transition does not negatively impact on the internal control environment.

There have been no further changes in the company’s internal control over financial reporting identified in connection with the evaluation required by paragraph (d) of Exchange Act Rule 13(a) - 15 during the year ended 31 December 31, 20172019 that have materially affected, or are reasonably likely to materially affect, the company’s internal control over financial reporting.

See Item 3D, Risk Factors, of this annual report on Form 20F for risk factors related to the implementation and integration of information technology systems and maintaining an effective system of internal control over financial reporting.

(d)
Attestation Report of the Registered Public Accounting Firm:The Company’s independent registered accounting firm, Ernst & Young Inc., has issued an attestation report on the effectiveness of the company’s internal control over financial reporting. This report appears below.






/s/ KC Ramon
Kandimathie Christine Ramon
Chief Financial Officer


/s/ S VenkatakrishnanKPM Dushnisky
Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Chief Executive Officer










REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The Board of Directors and Shareholders of AngloGold Ashanti Limited

Opinion on internalInternal Control over Financial Reporting

We have audited AngloGold Ashanti Limited’s internal control over financial reporting as of 31 December 2017,2019, based on criteria established in Internal Control-Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 COSO framework) (the COSO criteria). In our opinion, AngloGold Ashanti Limited (the Company) maintained, in all material respects, effective internal control over financial reporting as of 31 December 2017,2019, based on the COSO criteria.
We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States)(PCAOB), the consolidated statement of financial position of AngloGold Ashanti Limited as of 31 December 2017, 20162019, 2018 and 2015,2017, the related consolidated statements of income, comprehensive income, cash flows and changes in equity for each of the three years in the period ended 31 December 2017,2019, and the related notes and our report dated 2927 March 20182020 expressed an unqualified opinion thereon.
Basis for Opinion
The Company’s management is responsible for maintaining effective internal control over financial reporting, and for its assessment of the effectiveness of internal control over financial reporting included in the accompanying Management’s Annual Report on Internal Control over Financial Reporting. Our responsibility is to express an opinion on the Company’s internal control over financial reporting based on our audit. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.
 
We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over financial reporting was maintained in all material respects.

Our audit included obtaining an understanding of internal control over financial reporting, assessing the risk that a material weakness exists, testing and evaluating the design and operating effectiveness of internal control based on the assessed risk, and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion.

Definition and Limitation of Internal Control over Financial Reporting
A company’s internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company’s internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of the company’s assets that could have a material effect on the financial statements.
Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.






/s/ Ernst & Young Inc.
Johannesburg, Republic of South Africa
2927 March 20182020



ITEM 16A:AUDIT COMMITTEE FINANCIAL EXPERT

Membership of the Audit and Risk Committee, including its chairman, comprises only independent non-executive directors, in compliance with the Sarbanes-Oxley Act. This also fulfils the guidelines of King IV, which became effective 1 November 2016, and the requirements of the Companies Act of 2008, which became effective on 1 May 2011. The Sarbanes-Oxley Act requires the board to identify a financial expert from within its ranks. The board has resolved that Mr Rhidwaan Gasant is the Audit and Risk Committee's financial expert. Individually, the remaining members of the committee have considerable knowledge and experience in associated areas such as audit, risk and corporate governance to help oversee and guide the board and the company.



ITEM 16B:CODE OF ETHICS AND WHISTLE-BLOWING POLICIES

In order to comply with the company's obligation in terms of the Sarbanes-Oxley Act and King IV, and in the interests of good governance, the company has systems and procedures to introduce, monitor and enforce its ethical codes and has adopted a code of business principles and ethics for employees and directors, a code of ethics for the Chief Executive Officer, Chief Financial Officer and Senior Financial Officers, and a whistle-blowing policy that encourages employees to report anonymously if they wish and without fear of retaliation acts of an unethical or illegal nature that affect the company's interests. The code of business principles and ethics expresses the company’s commitment to the conduct of its business in line with ethical standards and is designed to enable employees and directors to perform their roles and duties with integrity and responsibility.

The whistle-blowing policy provides channels for employees to report acts and practices that are in conflict with the company’s code of business principles and ethics or are unlawful, including financial malpractice or dangers to the public or the environment. Reports may be made to management or through several mediums including the intranet, internet, telephone, short messaging system (sms), fax and post. All reports not made to management are administered by a third party, Tip-Offs Anonymous, to ensure independence of the process. Reported cases are relayed to management through group compliance and group internal audit. A report is provided by group compliance and group internal audit to the Serious Concerns Committee on a quarterly basis and Audit and Risk Committee on a quarterly basis. Reporters have the option to request feedback on reported cases. The whistle-blowing policy encourages reports to be made in good faith in a responsible and ethical manner. Employees are encouraged to first seek resolution of alleged malpractices through discussion with their direct managers, if appropriate, or other management including legal, compliance, human resources or internal audit.

The code of business principles and ethics for employees and directors and the code of ethics for the Chief Executive Officer, Chief Financial Officer and Senior Financial Officers are available on the company’s website at
http: https://www.anglogoldashanti.com/en/About-Us/corporategovernance/Pages/default.aspxcompany/governance/.




ITEM 16C:PRINCIPAL ACCOUNTANT FEES AND SERVICES

Ernst & Young Inc. has served as AngloGold Ashanti’s independent public accountants for each of the financial years in the three-year period ended 31 December 2017,2019, for which audited financial statements appear in this annual report on Form 20-F.

The following table presents the aggregate fees for professional services and other services rendered by Ernst & Young Inc. to AngloGold Ashanti in 20172019 and 2016.2018.
2017
 2016
2019
 2018
(in millions)$
 $
$
 $
Audit fees(1)
6.14
 5.20
5.77
 5.96
Audit-related fees(2)
0.73
 0.69
1.14
 0.76
Tax fees(3)
0.16
 0.21
0.07
 0.18
All other fees(4)
0.04
 0.02
0.09
 0.02
Total7.07
 6.12
7.07
 6.92

Rounding may result in computational differences.
(1) 
The Audit fees consist of fees billed for the annual audit services engagement and other audit services, which are those services that only the external auditor reasonably can provide, and include the Company audit; statutory audits; attest services; and assistance with and review of documents filed with the SEC.
(2) 
Audit-related fees consist of fees billed for assurance and related services.
(3) 
Tax fees include fees billed for tax advice and tax compliance services.
(4) 
All other fees include non-audit services.

Audit and Risk Committee Pre-approval Policies and Procedures

It is the policy of AngloGold Ashanti to maintain compliance with the requirements of the various applicable legislation and good governance practices when appointing or assigning work to the Company’s external auditor. Non-audit services may not be undertaken without an employee of AngloGold Ashanti obtaining the pre-approval of the Audit and Risk Committee as is laid out in the procedures relating to the pre-approval process.

The Audit and Risk Committee has delegated the approval authority to the chairman of the committee, Mr. Rhidwaan Gasant or his designated official. The approval may take the form of a written or oral instruction, and in the case of an oral instruction this would be ratified at the next Audit and Risk Committee meeting. On a quarterlyhalf yearly basis a summary of all approvals and work to date is tabled at the Audit and Risk Committee meeting.

All non-audit services provided to AngloGold Ashanti by the principal independent registered public accounting firm during 20172019 were reviewed and approved according to the procedures above. None of the services provided during 20172019 were approved under the de minimis exception allowed under the Exchange Act.





ITEM 16D:EXEMPTIONS FROM THE LISTING STANDARDS FOR AUDIT COMMITTEES

Not applicable.

ITEM 16E:    PURCHASES OF EQUITY SECURITIES BY THE ISSUER AND AFFILIATED PURCHASERS

Neither the issuer nor any affiliate of the issuer purchased any of the company’s shares during 2017.2019.

ITEM 16F:    CHANGE IN REGISTRANT’S CERTIFYING ACCOUNTANT

Not applicable.

ITEM 16G:CORPORATE GOVERNANCE

AngloGold Ashanti’s corporate governance practices do not differ in any significant way from those followed by US domestic companies under the New York Stock Exchange’s corporate governance listing standards.


ITEM 16H:MINE SAFETY DISCLOSURE

Not applicable.

PART III
ITEM 17:FINANCIAL STATEMENTS

Not applicable.

ITEM 18:FINANCIAL STATEMENTS

The consolidated financial statements for the year ended 31 December 20172019 were authorised for issue by the Board of Directors on 2927 March 20182020 and were signed on its behalf by Srinivasan Venkatakrishnan,Kelvin Paul Michael Dushnisky, Chief Executive Officer, Kandimathie Christine Ramon, Chief Financial Officer, Sipho M. Pityana, Chairman of the Board of Directors, and Rhidwaan Gasant, Chairman of the Audit and Risk Committee.


Report of independent registered public accounting firm

To the shareholders and the board of directors of AngloGold Ashanti Limited

Opinion on the Financial Statements

We have audited the accompanying consolidated statement of financial position of AngloGold Ashanti Limited (“the Company”) as of 31 December 2017, 20162019, 2018 and 2015,2017, the related consolidated statements of income, comprehensive income, cash flows and changes in equity for each of the three years in the period ended 31 December 2017,2019, and the related notes (collectively referred to as the “consolidated financial statements”). In our opinion, based on our audits and the report of other auditors, the consolidated financial statements present fairly, in all material respects, the financial position of the Company at 31 December 2017, 2016,2019, 2018, and 2015,2017, and the results of its operations and its cash flows for each of the three years thenin the period ended 31 December 2019, in conformity with International Financial Reporting Standards (“IFRS’) as Issued by the International Accounting Standards Board.

We did not audit the financial statements of Kibali (Jersey) Limited (“Kibali”), a corporation in which the Company has a 50% interest. In the consolidated financial statements, the Company’s investment in Kibali was stated at $1,423$1,506 million, $1,400$1,439 million and $1,406$1,423 million as of 31 December 2017, 20162019, 2018 and 2015,2017, respectively, the Company’s equity in the net income of Kibali was stated at $143 million in 2019, $104 million in 2018 and, $9 million in 2017, $24 million in 2016 and $70 million in 2015.2017. Those statements were audited by other auditors whose report has been furnished to us, and our opinion, insofar as it relates to the amounts included for Kibali, is based solely on the report of the other auditors.

We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the Company’s internal control over financial reporting as of 31 December 2017,2019, based on criteria established in Internal Control-Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 framework) and our report dated 2927 March 20182020 expressed an unqualified opinion thereon.

Basis for Opinion

These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on the Company’s financial statements based on our audits. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the U.S. Securities and Exchange Commission and the PCAOB.

We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits and the report of other auditors provide a reasonable basis for our opinion.

Critical Audit Matters

The critical audit matters communicated below are matters arising from the current period audit of the financial statements that were communicated or required to be communicated to the audit committee and that: (1) relate to accounts or disclosures that are material to the financial statements and (2) involved our especially challenging, subjective or complex judgments. The communication of critical audit matters does not alter in any way our opinion on the consolidated financial statements, taken as a whole, and we are not, by communicating the critical audit matters below, providing separate opinions on the critical audit matters or on the accounts or disclosures to which they relate.


Description of the MatterGeita VAT recoverability
At 31 December 2019, the Company’s Geita mine has recorded $119 million of VAT receivables due from the Tanzanian Revenue Authority (TRA). $35 million has been classified as current assets, and the remaining $84 million is classified as non-current assets based on management’s estimate of when the Geita mine will be able to offset the VAT receivables with future taxes.
As disclosed in note 22 to the consolidated financial statements, an amendment, effective 20 July 2017, to Tanzania’s mining legislation included an amendment to the VAT Act 2015 to the effect that no input tax credit can be claimed for expenses incurred in the production of raw minerals which are to be exported, resulting in Geita’s VAT input claims being disqualified since then by the Tanzania Revenue Authorities. In the current year, an amendment issued by the Tanzanian Ministry of Minerals, effective 22 February 2019, provided clarity on the definition of raw minerals. This amendment has not yet been accepted by the Tanzanian Revenue Authorities, resulting in VAT input claims and offsets from 2017 still not being allowed. The total of VAT input claims submitted since July 2017 is $134 million.
Auditing the recoverability of these receivables involved significant judgement in assessing whether the TRA will accept the definition of raw minerals and also assessing the timing of when the VAT receivable balance will be recovered. As a result, we required the involvement of our tax specialist, and a significant amount of time was spent in assessing the position put forward by management and their external legal counsel whilst considering correspondence with the TRA received to date.
How We Addressed the Matter in Our AuditOur procedures to address this matter included, amongst others, obtaining an understanding, evaluating the design and testing the operating effectiveness of certain internal controls over the Company’s assessment of tax law and the process to estimate the recoverability of the VAT receivable. We read correspondence between management, the TRA and the Mining Commission, including correspondence related to the tax returns and assessments received during the year. We read external legal counsel opinions obtained by management to support their interpretation of the tax legislation for set-offs in this manner. We involved our tax professionals with specialised skills and knowledge to assist us to evaluate the recoverability of the VAT receivable based on the above correspondence and their interpretation of legislation, including historical payments and offsets received to date for claims prior to July 2017. We evaluated the classification of the VAT receivables as current or non-current, based on management’s estimated scheduling of setting off the VAT receivables. This scheduling is based on management’s forecasts of available taxable income against which set offs can be made. We evaluated the VAT receivable disclosure in the consolidated financial statements.
Description of the MatterRehabilitation and decommissioning provision
At 31 December 2019 the rehabilitation and decommissioning provision amounted to $730 million ($619 million classified as non-current liabilities, $15 million classified as current liabilities and $96 million transferred to assets and liabilities held for sale).
The Company incurs obligations to close, restore and rehabilitate its mine sites. Auditing the Company’s rehabilitation and decommissioning provision is complex due to the significance, as well as the high estimation uncertainty of the provision. The determination of the provision is based on, among other things, judgements and estimates of current damage caused, nature, timing and amount of future costs to be incurred to rehabilitate the mine sites, estimates of future inflation, exchange rates and discount rates. These assumptions are inherently judgemental and subject to continued mining activity and rehabilitation, legislation and environmental changes, which cannot be predicted with certainty. For instance, in the current year the Brazilian Mining Agency issued Resolution 13, which states that tailings storage facilities (TSF) that were built based on the upstream method should be decommissioned by 15 September 2022. The Serra Grande mine in Brazil has one upstream TSF that was impacted by this change in legislation, resulting in an increase in the provision.
The disclosures are included in Note 27 Environmental rehabilitation and other provisions, and Note 30 Trade, other payables and provisions to the consolidated financial statements.
How We Addressed the Matter in Our Audit
Our procedures to address this matter included, amongst others, obtaining an understanding, evaluating the design and testing the operating effectiveness of controls over the Company’s process to estimate rehabilitation and decommissioning provisions. For example, we tested controls over the determination of key inputs such as life of mine reserves and production profile, discount rates, inflation and exchange rates, and the nature, amount and timing of future rehabilitation costs.
With the support of valuation specialists, we assessed management’s macro-economic assumptions in their rehabilitation models by comparing them to available market information. The most significant of these macro-economic assumptions were the risk-free interest rates, expected inflation and exchange rates. We tested the mathematical accuracy of the valuation models. We compared the timing of the expected cash flows with reference to the life of mine plans for the respective mines. We compared the current year cash flow assumptions to those of the prior year and considered management’s explanations where these have changed or deviated. We compared the cost rates used by management to publicly available information, as well as ongoing rehabilitation activities undertaken by the Company. With the support of our environmental specialists we inquired of operational management whether additional environmental disturbance occurred since the prior year that would require additional rehabilitation in the future and compared this information to the current mine plan. We inspected reports of the Company’s mine closure plans and assessments of the timing and determination of costs to be incurred prepared by management’s external and internal experts. We, together with our specialists, evaluated the reports prepared by management’s internal experts and external experts, where these had been engaged by management, to assist in the calculation of the provision. We, together with our specialists, evaluated the scope, competency and objectivity of the external experts engaged by management, including their professional qualifications, experience, and use of industry accepted methodology. We evaluated the related disclosures in the consolidated financial statements.


Description of the MatterPlanned disposal of the South African Assets
On 9 May 2019, management announced that it had commenced a process to review divestment options for its remaining South African assets.
Management performed an assessment of whether the planned disposal of the remaining South African assets met the requirements of IFRS 5 Non-current Assets Held for Sale and Discontinued Operations. The application of IFRS 5 is subjective, particularly in determining whether the completion of the sale is highly probable within 12 months. Management has concluded that this threshold was met at 31 December 2019. On 12 February 2020, prior to the release of the annual financial statements, management announced that a sale and purchase agreement for disposal of the South African assets was signed. Disclosure of this post balance sheet event is included in Note 37 to the consolidated financial statements.
The planned disposal of the remaining South African assets represents a significant change to the composition of the Company’s South African operations, resulting in these assets being reflected as discontinued operations. The results of these businesses and operations, including the adjustment of the carrying value to fair value less cost to sell have been separately presented from continuing operations in the income statement with comparative numbers restated accordingly.
Auditing management’s assessment of IFRS 5 is subjective. In addition, the accounting for discontinued operations is complex in terms of the identification and separation of the financial effects (related income and expenditure) between continuing and discontinued operations, as well as identifying the specific assets and liabilities, including the tax effects, included within the scope of the divestiture.
The disclosures of this matter are included in Note 9 to the consolidated financial statements.
How We Addressed the Matter in Our Audit
Our procedures to address this matter included, amongst others, obtaining an understanding, evaluating the design and testing the operating effectiveness of controls over the Company’s processes to approve and account for the transaction including separation of financial items between discontinued and continued operations.
Through discussions with management and inspection of minutes of meetings, we assessed management’s plans to dispose of the remaining South African assets. We inquired into the status of the transaction at year-end, read the offer agreements from potential buyers and considered whether the then conditions, including ongoing sales negotiations, met the ‘highly probable’ threshold of IFRS 5 Non-Current Assets Held for Sale and Discontinued Operations at year-end.
We considered management’s estimate of fair value less costs to sell, including the determination of the deferred consideration component, which included assessing the key assumptions applied and evaluating the explanations provided by management through comparing the key assumptions to market data, where available. For example, we compared the future production volumes to the mine plans and involved our specialists to assist with assessing the discount rate applied by management.
We assessed management’s accounting policies and procedures for accounting for discontinued operations under IFRS 5. We considered management’s determination of the operations that should be separated and presented as discontinued operations and compared the assets and liabilities that were reclassified as held for sale to those listed in the sales and purchase agreement. We considered the impact of current and deferred taxes as it relates to the planned disposal and reclassification of the assets and liabilities.
We evaluated the adequacy of the disclosures in the consolidated financial statements, including the disclosure of the post-balance sheet events.




/s/Ernst & Young Inc.
We have served as the Company’s auditor since 1944
Johannesburg, Republic of South Africa
2927 March 20182020




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ANGLOGOLD ASHANTI LIMITED
Group – income statement
FOR THE YEARS ENDED 31 DECEMBER 2017, 20162019, 2018 and 20152017
 2019
 2018
 2017
Figures in millionsNotes2017
 2016
 2015
Notes  Restated
 Restated
 US Dollars US Dollars
Revenue34,543

4,254

4,174
Gold income2,34,356

4,085

4,015
Continuing operations      
Revenue from product sales33,525

3,336

3,394
Cost of sales4(3,582)
(3,263)
(3,294)4(2,626)
(2,584)
(2,607)
Gain (loss) on non-hedge derivatives and other commodity contracts 10

19

(7) 5

(2)

Gross profit (loss)2784
 841
 714
2904
 750
 787
Corporate administration, marketing and other expenses (64) (61) (78)5(82) (76) (64)
Exploration and evaluation costs (114) (133) (132) (112) (98) (105)
Other operating expenses5(88) (110) (96)
Special items6(438) (42) (71)
Impairment, derecognition of assets and profit (loss) on disposal (6) (7) (2)
Other expenses (income)6(83) (79) (150)
Operating profit (loss) 80
 495
 337
 621
 490
 466
Interest received315
 22
 28
Exchange gain (loss) (11) (88) (17)
Interest income 14
 8
 8
Dividend received 
 2
 
Foreign exchange losses (12) (9) (11)
Finance costs and unwinding of obligations7(169) (180) (245)7(172) (168) (157)
Fair value adjustment on issued bonds 
 9
 66
Share of associates and joint ventures’ profit (loss)822
 11
 88
8168
 122
 22
Profit (loss) before taxation (63) 269
 257
 619
 445
 328
Taxation11(108) (189) (211)12(250) (212) (163)
Profit (loss) after taxation from continuing operations (171) 80
 46
 369
 233
 165
Discontinued operations            
Profit (loss) from discontinued operations 
 
 (116)9(376) (83) (336)
Profit (loss) for the year (171) 80
 (70) (7) 150
 (171)
      
Allocated as follows:            
Equity shareholders            
- Continuing operations (191) 63
 31
 364
 216
 145
- Discontinued operations 
 
 (116) (376) (83) (336)
Non-controlling interests            
- Continuing operations 20
 17
 15
 5
 17
 20
 (171) 80
 (70) (7) 150
 (171)
      
Basic earnings (loss) per ordinary share (cents)12     13(3) 32
 (46)
Earnings (loss) per ordinary share from continuing operations (46) 15
 8
 87
 52
 35
Earnings (loss) per ordinary share from discontinued operations 
 
 (28)
Basic earnings (loss) per ordinary share (46) 15
 (20)
(Loss) earnings per ordinary share from discontinued operations (90) (20) (81)
      
Diluted earnings (loss) per ordinary share (cents)12     13(3) 32
 (46)
Earnings (loss) per ordinary share from continuing operations (46) 15
 8
 87
 52
 35
Earnings (loss) earnings per ordinary share from discontinued operations 
 
 (28)
Diluted earnings (loss) per ordinary share (46) 15
 (20)
(Loss) earnings per ordinary share from discontinued operations (90) (20) (81)
      


ANGLOGOLD ASHANTI LIMITED
Group – statement of comprehensive income
FOR THE YEARS ENDED 31 DECEMBER 2017, 20162019, 2018 and 20152017
Figures in millions 2017
 2016
 2015
  2019
 2018
 2017
 
 US Dollars    Restated
 Restated
 
 US Dollars 
Profit (loss) for the year (171) 80
 (70)  (7) 150
 (171) 
       
Items that will be reclassified subsequently to profit or loss:        4
 (150) 148
 
Exchange differences on translation of foreign operations 123
 180
 (371)  4
 (150) 123
 
Share of associates and joint ventures’ other comprehensive income 
 
 1
 
Available-for-sale financial assets     25
 
Net gain (loss) on available-for-sale financial assets 20
 13
 (14)  

   20
 
Release on impairment of available-for-sale financial assets 3
 
 9
      3
 
Release on disposal of available-for-sale financial assets (6) (2) (3)      (6) 
Deferred taxation thereon 8
 (2) 1
      8
 
 25
 9
 (7)        
Items that will not be reclassified subsequently to profit or loss:        10
 9
 6
 
Net gain (loss) on equity investments 6
 9
 

 
Actuarial gain (loss) recognised 8
 (2) 17
  2
 5
 8
 
Deferred taxation thereon (2) 
 (3)  2
 (5) (2) 
 6
 (2) 14
 
              
Other comprehensive income (loss) for the year, net of tax 154
 187
 (363)  14
 (141) 154
 
              
Total comprehensive income (loss) for the year, net of tax (17) 267
 (433)  7
 9
 (17) 
              
Allocated as follows:              
Equity shareholders              
- Continuing operations (37) 250
 (332)  378
 75
 299
 
- Discontinued operations 
 
 (116)  (376) (83) (336) 
Non-controlling interests              
- Continuing operations 20
 17
 15
  5
 17
 20
 
 (17) 267
 (433)  7
 9
 (17) 


ANGLOGOLD ASHANTI LIMITED
Group – statement of financial position
AS AT 31 DECEMBER 2017, 20162019, 2018 and 20152017
Figures in millionsNotes2017
 2016
 2015
Notes2019
 2018
 2017
 US Dollars US Dollars
ASSETS            
Non-current assets            
Tangible assets143,742
 4,111
 4,058
152,592
 3,381
 3,742
Right of use assets16158
    
Intangible assets15138
 145
 161
17123
 123
 138
Investments in associates and joint ventures171,507
 1,448
 1,465
191,581
 1,528
 1,507
Other investments18131
 125
 91
2076
 141
 131
Inventories19100
 84
 90
2193
 106
 100
Trade, other receivables and other assets2067
 34
 13
22122
 102
 67
Deferred taxation284
 4
 1
29105
 
 4
Cash restricted for use2137
 36
 37
2331
 35
 37
Other non-current assets 
 
 18
 5,726
 5,987
 5,934
 4,881
 5,416
 5,726
Current assets            
Other investments187
 5
 1
2010
 6
 7
Inventories19683
 672
 646
21632
 652
 683
Trade, other receivables and other assets20222
 255
 196
22250
 209
 222
Cash restricted for use2128
 19
 23
2333
 31
 28
Cash and cash equivalents22205
 215
 484
24456
 329
 205
 1,145
 1,166
 1,350
 1,381
 1,227
 1,145
Non-current assets held for sale23348
 
 
Assets held for sale9601
 
 348
 1,493

1,166

1,350
 1,982

1,227

1,493
            
Total assets 7,219

7,153

7,284
 6,863

6,643

7,219
EQUITY AND LIABILITIES            
Share capital and premium247,134
 7,108
 7,066
257,199
 7,171
 7,134
Accumulated losses and other reserves (4,471) (4,393) (4,636) (4,559) (4,519) (4,471)
Shareholders’ equity 2,663
 2,715
 2,430
 2,640
 2,652
 2,663
Non-controlling interests 41
 39
 37
 36
 42
 41
Total equity 2,704
 2,754
 2,467
 2,676
 2,694
 2,704
      
Non-current liabilities            
Borrowings252,230
 2,144
 2,637
261,299
 1,911
 2,230
Lease liabilities16126
    
Environmental rehabilitation and other provisions26942
 877
 847
27697
 827
 942
Provision for pension and post-retirement benefits27122
 118
 107
28100
 100
 122
Trade, other payables and deferred income293
 4
 5
Trade, other payables and provisions3015
 3
 3
Deferred taxation28363
 496
 514
29241
 315
 363
 3,660
 3,639
 4,110
 2,478
 3,156
 3,660
Current liabilities            
Borrowings2538
 34
 100
26734
 139
 38
Trade, other payables and deferred income29638
 615
 516
Lease liabilities1645
    
Trade, other payables and provisions30586
 594
 638
Taxation3053
 111
 91
3172
 60
 53
 729
 760
 707
 1,437
 793
 729
Non-current liabilities held for sale23126
 
 
Liabilities held for sale9272
 
 126
 855

760

707
 1,709

793

855
            
Total liabilities 4,515
 4,399
 4,817
 4,187
 3,949
 4,515
            
Total equity and liabilities 7,219

7,153

7,284
 6,863
 6,643
 7,219


ANGLOGOLD ASHANTI LIMITED
Group – statement of cash flows
FOR THE YEARS ENDED 31 DecemberDECEMBER 2019, 2018 and 2017 2016 and 2015
Figures in millionsNotes2017
 2016
 2015
Notes2019
 2018
 2017
   Restated
 Restated
 US Dollars US Dollars
Cash flows from operating activities            
Receipts from customers 4,534
 4,231
 4,154
 3,535
 3,339
 3,418
Payments to suppliers and employees (3,383) (2,929) (2,904) (2,433) (2,408) (2,351)
Cash generated from operations311,151
 1,302
 1,250
321,102
 931
 1,067
Dividends received from joint ventures 6
 37
 57
 77
 91
 6
Taxation refund3014
 12
 21
317
 5
 14
Taxation paid30(174) (165) (184)31(228) (171) (174)
Net cash inflow (outflow) from operating activities from continuing operations 997
 1,186
 1,144
 958
 856
 913
Net cash inflow (outflow) from operating activities from discontinued operations 
 
 (5) 89
 1
 84
Net cash inflow (outflow) from operating activities 997
 1,186
 1,139
 1,047
 857
 997
            
Cash flows from investing activities            
Capital expenditure            
- project capital (156) (93) (105) (336) (170) (132)
- stay-in-business capital (673) (613) (559) (367) (405) (543)
Expenditure on intangible assets (1) (5) (3)
Interest capitalised and paid (6) 
 
Dividends from other investments 
 2
 
Proceeds from disposal of tangible assets 7
 4
 6
 3
 10
 3
Other investments acquired (91) (73) (86) (9) (13) (8)
Proceeds from disposal of other investments 78
 61
 81
 3
 7
 3
Investments in associates and joint ventures (27) (11) (11) (5) (8) (27)
Proceeds from disposal of associates and joint ventures 
 10
 1
Loans advanced to associates and joint ventures (6) (4) (5) (3) (5) (6)
Loans repaid by associates and joint ventures 
 
 2
 23
 22
 
Proceeds from disposal of business and subsidiary 
 
 819
Costs on disposal of business 
 
 (7)
Cash balances in assets disposed 
 
 (2)
Decrease (increase) in cash restricted for use (8) 8
 (17) 
 (6) (8)
Interest received 15
 14
 25
 14
 5
 7
Net cash inflow (outflow) from investing activities from continuing operations (862) (702) 139
 (683) (561) (711)
Net cash inflow (outflow) from investing activities from discontinued operations 
 
 (59) (54) 226
 (151)
Cash in subsidiaries sold and transferred to held for sale (6) 
 
Net cash inflow (outflow) from investing activities (862) (702) 80
 (743) (335) (862)
            
Cash flows from financing activities            
Proceeds from borrowings 815
 787
 421
 168
 753
 815
Repayment of borrowings (767) (1,333) (1,288) (123) (967) (767)
Finance costs paid (138) (172) (251)
Repayment of lease liabilities (42) 

 

Finance costs - borrowings26(128) (130) (138)
Finance costs - leases (9)    
Bond settlement premium, RCF and bond transaction costs 
 (30) (61) 
 (10) 
Dividends paid (58) (15) (5) (43) (39) (58)
Net cash inflow (outflow) from financing activities from continuing operations (148) (763) (1,184) (177) (393) (148)
Net cash inflow (outflow) from financing activities from discontinued operations 
 
 (2) 
 
 
Net cash inflow (outflow) from financing activities (148) (763) (1,186) (177) (393) (148)
            
Net increase (decrease) in cash and cash equivalents (13) (279) 33
 127
 129
 (13)
Translation 3
 10
 (17) 
 (5) 3
Cash and cash equivalents at beginning of year 215
 484
 468
 329
 205
 215
Cash and cash equivalents at end of year22205
 215
 484
24456
 329
 205

ANGLOGOLD ASHANTI LIMITED
Group – statement of changes in equity
FOR THE YEARS ENDED 31 DecemberDECEMBER 2019, 2018 and 2017 2016 and 2015
Equity holders of the parent Equity holders of the parent 
Figures in millions
Share capital
and premium

Other capital reserves(1)

Retained earnings (Accumulated
losses)(2)

Cash flow hedge reserve(3)

Available-
for-sale
reserve(4)

Actuarial
gains
(losses)

Foreign
currency
translation
reserve

Total
Non-
controlling
interests

Total
equity

Share capital
and premium

Other capital reserves(1)

Retained earnings (Accumulated
losses)(2)

Fair value through OCI
Available-
for-sale
reserve

Actuarial
gains
(losses)

Foreign
currency
translation
reserve

Total
Non-
controlling
interests

Total
equity

US Dollars      
Balance at 31 December 20147,041
132
(3,109)(1)17
(40)(1,195)2,845
26
2,871
Profit (loss) for the year

(85)

(85)15
(70)
Other comprehensive income (loss)
1

(7)14
(371)(363)
(363)
Total comprehensive income (loss)
1
(85)
(7)14
(371)(448)15
(433)
Shares issued25


25

25
Share-based payment for share awards net of exercised
8


8

8
Dividends of subsidiaries


(4)(4)
Translation
(24)20

(3)7




Balance at 31 December 20157,066
117
(3,174)(1)7
(19)(1,566)2,430
37
2,467
Profit (loss) for the year

63


63
17
80
Other comprehensive income (loss)



9
(2)180
187
 187
Total comprehensive income (loss)

63

9
(2)180
250
17
267
Shares issued42


42

42
Share-based payment for share awards net of exercised
(7)

(7)
(7)
Dividends of subsidiaries


(15)(15)
Transfer to reserves


(2)


2




Translation
7
(6)
1
(2)



Balance at 31 December 20167,108
117
(3,119)(1)17
(21)(1,386)2,715
39
2,754
7,108
116
(3,119)

17
(21)(1,386)2,715
39
2,754
Profit (loss) for the year

(191)

(191)20
(171)

(191)



(191)20
(171)
Other comprehensive income (loss)

25
6
123
154

154




25
6
123
154

154
Total comprehensive income (loss)

(191)
25
6
123
(37)20
(17)

(191) 25
6
123
(37)20
(17)
Shares issued26


26

26
26






26

26
Share-based payment for share awards net of exercised
(1)

(1)
(1)
(1)




(1)
(1)
Dividends paid (note 13)



(39)







(39)

(39)
Dividends paid (note 14)

(39)



(39)
(39)
Dividends of subsidiaries


(19)(19)







(19)(19)
Translation
9
(10)
1
(1)
(1)1


9
(10)
1
(1)
(1)1

Balance at 31 December 20177,134
125
(3,359)(1)43
(16)(1,263)2,663
41
2,704
7,134
124
(3,359)

43
(16)(1,263)2,663
41
2,704
Impact of adopting IFRS 9

10
33
(43)




Opening balance under IFRS 97,134
124
(3,349)33

(16)(1,263)2,663
41
2,704
Profit (loss) for the year

133




133
17
150
Other comprehensive income (loss)


5


4
(150)(141)
(141)
Total comprehensive income (loss)

133
5


4
(150)(8)17
9
Shares issued37






37

37
Share-based payment for share awards net of exercised
(17)




(17)
(17)
Dividends paid (note 14)

(24)
 

(24)
(24)
Dividends of subsidiaries







(15)(15)
Transfer of gain on disposal of equity investments

1
(1)






Translation
(11)12





1
(1)
Balance at 31 December 20187,171
96
(3,227)37


(12)(1,413)2,652
42
2,694
Profit (loss) for the year

(12)



(12)5
(7)
Other comprehensive income (loss)


8
 2
4
14

14
Total comprehensive income (loss) (12)8
 2
4
2
5
7
Shares issued28






28

28
Share-based payment for share awards net of exercised
(10)




(10)
(10)
Dividends paid (note 14)

(27)




(27)
(27)
Dividends of subsidiaries







(16)(16)
Transactions with non-controlling interests
(4)

 

(4)4

Translation
1
(2)
 

(1)1

Balance at 31 December 20197,199
83
(3,268)45


(10)(1,409)2,640
36
2,676
 
(1) 
Other capital reserves include a surplus on disposal of company shares held by companies prior to the formation of AngloGold Ashanti Limited of $11m (2016:$10m (2018: $10m; 2015: $9m)2017: $11m), surplus on equity transaction of joint venture of $36m (2016:(2018: $36m; 2015:2017: $36m), equity items for share-based payments of $75m (2016: $68m; 2015: $69m)$39m (2018: $48m; 2017: $75m) and other reserves.
(2) 
Included in accumulated losses are retained earnings totalling $287m (2016: $250m; 2015: $210m)$378m (2018: $283m; 2017: $287m) arising at the equity accounted investments and certain subsidiaries which may not be remitted without third party consent.
(3)

Cash flow hedge reserve represents the effective portion of fair value gains or losses in respect of cash flow hedges that expired in prior periods. The cash flow hedge reserve shall remain in equity and will unwind over the life of Serra Grande mine.
(4)
Available-for-sale reserve represents fair value gains or losses on available-for-sale financial assets.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

ANGLOGOLD ASHANTI LIMITED
Notes to the consolidated financial statements
FOR THE YEARS ENDED 31 December, 2017, 20162019, 2018 and 20152017


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

1    ACCOUNTING POLICIES

Statement of compliance

The consolidated and company financial statements are prepared in compliance with International Financial Reporting Standards (IFRS) and Interpretations of those standards, as issued by the International Accounting Standards Board (IASB) in the English language, the South African Institute of Chartered Accountants Financial Reporting Guides as issued by the Accounting Practices Committee,, Financial Reporting Pronouncements as issued by Financial Reporting Standards Council, JSE Listings Requirements and in the manner required by the South African Companies Act, 2008.

New standards and interpretations issued

The financial statements have been drawn up on the basis of accounting standards, interpretations and amendments effective at the beginning of the accounting period on 1 January 2017.2019. The adoption of the new standards, interpretations and amendments effective from 1 January 20172019 had no materialthe following impact on the group.

AngloGold Ashanti assesses the significance of new standards, interpretations and amendments to standards in issue that are not yet adopted but are likely to affect the financial reporting in future years. We have identified that IFRS 15 “Revenue from Contracts with Customers” and IFRS 9 “Financial Instruments”, both of which have an effective date of 1 January 2018, are likely to affect future financial reporting.group:

IFRS 15 Revenue16 Leases
Management has assessed
The group elected to apply IFRS 16 utilising the potential impactmodified retrospective approach, no cumulative effect of initially applying IFRS 15 on16 was identified and recognised as an adjustment to the financial statementsopening balance of the group and concluded that the group does not sell product based on multiple-element arrangements and it does not sell product on a provisional or variable pricing basis and as such the new standard does not have a significantretained earnings. The cumulative impact on the timing or amount of the group’s revenue recognition. However, the adoption of IFRS 15 will result16 resulted in the presentationrecognition of by-product revenueright of use assets, lease liabilities and the resultant deferred tax. Refer to Note 16 for the detail on the right of use assets and lease liabilities. Comparative information has not been restated.

For contracts previously classified as leases under IAS 17 Leases, the group has reassessed whether the contract is or contains a lease upon initial transition to the new standard and has also performed an assessment to identify significant contracts which have not previously classified as leases, but which may be a lease under the new standard.

The group applied the following practical expedients upon transition to IFRS 16:

Transition options:
Leases with a remaining contract period of less than 12 months will not be recorded on the statement of financial position and the lease payments will be expensed in Revenuethe income statement on a straight-line basis.
The right-of-use asset is based on the lease liability recognised.

Practical expedients:
The short-term lease exemption - leases with a duration of one year or less will be expensed in the income statement on a straight-line basis.
The low value lease exemption - the group has elected to take the low value exemption with a value of $10k for the individual leased asset value. Further, the group has added an exception within its accounting policy to not capitalise leases with a net present value of $250k based on an IAS 1 materiality assessment.
Exclusion of initial direct costs for the measurement of the right of use asset at the date of initial application.
Use of hindsight in determining the lease term where the contract contains options to extend or terminate the lease.

The leases accounting policy applicable from product sales where previously by-product revenue1 January 2019 is included under “Leases” in Annexure A.

CHANGE IN DISCLOSURE

Effective 1 January 2019, the group changed the disclosure of “Special Items” in the income statement. In prior years, the group disclosed items that due to their size and/or nature, required separate disclosure on the face of the income statement as Special Items. In addition, a disclosure category, “Other operating expenses”, was reported to disclose expenses which were not included in costgross profit. Going forward these two categories of sales. Revenue from product sales includes goldexpenses and income will be disclosed as:

Other expenses (income); and by-product revenue. This
Separate line item(s) on the face of the income statement depending on materiality.

The re-presentation provides more useful information by reporting material items separately. The change in classification results in a corresponding increase in costs of sales, and therefore will not have anpresentation has no impact on previouslythe reported gross profit.

As currently reported:
 U S Dollars
Figures in millions2017
 2016
 2015
Revenue4,543
 4,254
 4,174
Gold income4,356
 4,085
 4,015
Cost of sales(3,582) (3,263) (3,294)
Gain (loss) on non-hedge derivatives and other commodity contracts10
 19
 (7)
Gross profit784
 841
 714
Gross profit %18.00% 20.59% 17.78%

By-products revenue for the years ended 2017, 2016 and 2015 ($154m, $138m and $127m respectively) is includedtotals, headline earnings per share or on amounts presented in the Revenue line, but is offset and thus reduces costStatement of sales in the detailed income statement.

On adoption of IFRS 15, AngloGold Ashanti will disclose revenue from all product sales, including by-products sales in Revenue from product sales in the detailed income statement. Accordingly, the detailed income statement would be restated for the effects of adopting IFRS 15 as follows:
 U S Dollars
Figures in millions2017
 2016
 2015
Revenue4,543
 4,254
 4,174
Revenue from product sales4,510
 4,223
 4,142
Cost of sales(3,736) (3,401) (3,421)
Gain (loss) on non-hedge derivatives and other commodity contracts10
 19
 (7)
Gross profit784
 841
 714
Gross profit %17.38% 19.91% 17.24%

AngloGold Ashanti intends to apply IFRS 15 retrospectively to each prior reporting period presented in accordance with IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors.Financial Position.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

IFRS 9 Financial Instruments
The group’s financial assets include debt instruments (held to maturity bonds and negotiable certificates of deposit), cash restricted for use and cash and cash equivalents which will be subject to IFRS 9 expected credit loss model as they are to be carried at amortised cost. The accounting policy for listed equity investments will depend on the natureAs a result of the listed investment. Listed equity investments whichchange, reclassifications in the income statement are held to meet rehabilitation liabilities in future will be classified as fair value through profit and loss. Listed equity investments held for other purposes will be classified as fair value through other comprehensive income. Financial liabilities are currently carried at amortised cost with no requirements to change their recognition or presentation under IFRS 9. We have evaluated the possible impact of the adoption of IFRS 9 including the expected credit loss model and we do not expect the adoption to have a significant impact on total assets, total liabilities or the results of the group.follows:
 
Income statement extract (1)
 
  2018201820172017
  Previously reportedReclassifiedPreviously reportedReclassified
 US dollar million    
      
 Gross profit (loss)772
772
784
784
 Corporate administration, marketing and other expenses(76)(76)(64)(64)
 Exploration and evaluation costs(102)(102)(114)(114)
 Impairment, derecognition of assets and profit (loss) on disposaln/a
(124)n/a
(293)
 Other expenses (income)(97)(143)(88)(233)
 Special items(170)n/a
(438)n/a
 Operating profit (loss)327
327
80
80

IFRS 16 (1)Leases Represents reclassification prior to the disclosure of Discontinued operations.
In addition, IFRS 16 “Leases”, with an effective date of 1 January 2019, is likely to affect future financial reporting and management is still
The significant accounting principles applied in the process of assessing allpresentation of the potential consequences arisinggroup annual financial statements are set out of the adoption of this standard. With the removal of the operating lease classification, leases that are within the scope of IFRS 16 will result in an increase in assets and liabilities. We expect a likely increase in the depreciation expense and also an increase in cash flows from operating activities as the lease payments will be recorded as financing outflows in our cash flow statement. Management expects that the mining and drilling contracts which are not classified as finance leases under the current accounting standards (IAS 17 and IFRIC 4), will potentially have the most impact on the group’s results on adoption of IFRS 16.below.






NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

1.1    BASIS OF PREPARATION

The financial statements are prepared according to the historical cost convention, except for the revaluation of certain financial instruments to fair value. The group’s accounting policies as set out below are consistent in all material respects with those applied in the previous year.year except for the changes arising from the adoption of IFRS 16 as described in “New Standards and Interpretations Issued” above.

The comparative periods have been restated to separate continuing operations from discontinued operations in accordance with IFRS 5 Non-current Assets Held for Sale and Discontinued Operations, as a consequence of the classification of the sale of the South African producing assets and related liabilities as a discontinued operation. The sale agreement was announced on 12 February 2020.

The group financial statements are presented in US dollars.

Based on materiality, certain comparatives in the notes have been aggregated and comparatives have been restated to accord with current year disclosures. All notes are from continuing operations unless otherwise stated.

The group financial statements incorporate the financial statements of the company, its subsidiaries and its interests in joint ventures and associates. The financial statements of all material subsidiaries, the Environmental Rehabilitation Trust Fund, joint ventures and associates, are prepared for the same reporting period as the holding company, using the same accounting policies.

Subsidiaries are all entities (including structured entities) over which the group has control. The group controls an entity when it is exposed to, or has rights to, variable returns from its involvement with the entity and has the ability to affect those returns through its power over the entity. Control would generally exist where the group owns more than 50% of the voting rights, unless the group and other investors collectively control the entity where they must act together to direct the relevant activities. In such cases, as no investor individually controls the entity, the investment is accounted for as an equity method investmentassociate, joint venture or a joint operation. Subsidiaries are fully consolidated from the date on which control is transferred to the group. They are de-consolidateddeconsolidated from the date on which control ceases. The group re-assesses whether or not it controls an investee if facts and circumstances indicate that there are changes to one or more of the three elements of control.

Disclosures for non-controlling interests are assessed by reference to consolidated non-controlling interest.

Intra-group transactions, balances and unrealised gains and losses on transactions between group companies, including any resulting tax effecteffects are eliminated. Unrealised losses are also eliminated unless the transaction provides evidence of an impairment of the asset transferred.






NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

1.2    SIGNIFICANT ACCOUNTING JUDGEMENTS AND ESTIMATES

Use of estimates

The preparation of the financial statements requires the group’s management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. The determination of estimates requires the exercise of judgement based on various assumptions and other factors such as historical experience, current and expected economic conditions, and in some cases actuarial techniques. Actual results could differ from those estimates.

The more significant areas requiring the use of management estimates and assumptions relate to Ore Reserve that arewhich is the basis of future cash flow estimates and unit-of-production depreciation, depletion and amortisation calculations; environmental, reclamation and closure obligations; asset impairments/reversals (including impairments of goodwill); recoverability of indirect taxes; and write-downs of inventory to net realisable value. Other estimates include employee benefit liabilities and unrecognised tax positions.

Estimates and judgements are continually evaluated and are based on historical experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances.

The judgements that management has applied in the application of accounting policies, and the estimates and assumptions that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next financial year, are discussed below.

Carrying value of tangible assets

Amortisation
The majority of mining assets are amortised using the units-of-production method where the mine operating plan calls for production from a well-defined proved and probable Ore Reserve.

For other tangible assets, the straight-line method is applied over the estimated useful life of the asset which does not exceed the estimated mine life based on proved and probable Ore Reserve as the useful lives of these assets are considered to be limited to the life of the relevant mine.

The calculation of the units-of-production rate of amortisation could be impacted to the extent that actual production in the future is different from current forecast production based on proved and probable Ore Reserve. This would generally arise when there are significant changes in any offrom the factors or assumptions used in estimating Ore Reserve.following factors:

These factors could include:
changes in proved and probable Ore Reserve;
variations in the grade of Ore Reserve, which may vary significantlybe significant from time to time;
differences between actual commodity prices and commodity price assumptions;
unforeseen operational issues at mine sites; and
changes in capital, operating, mining, processing and reclamation costs, discount rates and foreign exchange rates.

Changes in proved and probable Ore Reserve could similarly impact the useful lives of assets amortised on the straight-line method, where those lives are limited to the life of the mine.

Stripping costs
The group has a number of surface mining operations that are in the production phase for which production stripping costs are incurred. The benefits that accrue to the group as a result of incurring production stripping costs include (a) ore that can be used to produce inventory and (b) improved access to further quantities of material that will be mined in future periods.

The production stripping costs relating to improved access to further quantities of material in future periods are capitalised as a stripping activity asset, if and only if, all of the following are met:
It is probable that the future economic benefit (improved access to the orebody) associated with the stripping activity will flow to the group;
The group can identify the component of the orebody for which access has been improved; and
The costs relating to the stripping activity associated with that component or components can be measured reliably.

Components of the various orebodies at the operations of the group are determined based on the geological areas identified for each of the orebodies and are reflected in the Ore Reserve reporting of the group. In determining whether any production stripping costs should be capitalised as a stripping activity asset, the group uses three operational guidance measures; two of which relate to production measures, while the third relates to an average stripping ratio measure.





NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Once determined that any portion of the production stripping costs should be capitalised, the group determines the amount of the production stripping costs that should be capitalised with reference to the average mine costs per tonne of the component and the

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

actual waste tonnes that should be deferred. Stripping activity assets are amortised on the units-of-production method based on the Ore Reserve of the component or components of the orebody to which these assets relate.

This accounting treatment is consistent with that for stripping costs incurred during the development phase of a pit, before production commences, except that stripping costs incurred during the development phase of a pit, before production commences, are amortised on the units-of-production method based on the Ore Reserve of the pit.

Deferred stripping costs are included in ‘Mine development costs’, within tangible assets. These costs form part of the total investment in the relevant cash-generating unit, which is reviewed for impairment if events or a change in circumstances indicate that the carrying value may not be recoverable. Amortisation of stripping activity assets is included in operating costs.

Impairment
The group reviews and tests the carrying value of tangible assets when events or changes in circumstances indicate that the carrying amount may not be recoverable. Assets are grouped at the lowest level for which identifiable cash flows are largely independent of cash flows of other assets, which is generally at the individual mine level. If there are indications that impairment may have occurred, estimates are prepared of expected future cash flows for each group of assets. Expected future cash flows used to determine the value in use of goodwill and tangible assets are inherently uncertain and could materially change over time and impact the recoverable amounts. The cash flows and value in use are significantly affected by a number of factors including published reserves, resources, exploration potential and production estimates, together with economic factors such as spot and future metal prices, discount rates, foreign currency exchange rates, estimates of costs to produce reserves and future capital expenditure. At the reporting date the group assesses whether any of the indicators which gave rise to previously recognised impairments have changed such that the impairment loss no longer exists or may have decreased. The impairment loss is then assessed on the original factors for reversal and if indicated, such reversal is recognised.

An impairment loss is recognised for the amount by which the asset’s carrying amount exceeds its recoverable amount. The recoverable amount is the higher of an asset’s fair value less costs to sell and value in use.

The recoverable amount is estimated based on the positive indicators. If an impairment loss has decreased, the carrying amount is recorded at the recoverable amount as limited in terms of IAS 36.36 Impairment of Assets.

The carrying value of tangible assets at 31 December 20172019 was $3,742m (2016: $4,111m; 2015: $4,058m)$2,592m (2018: $3,381m; 2017: $3,742m). The impairment and derecognition of tangible assets recognised in the consolidated financial statements for the year ended 31 December 20172019 (including impairment of tangible assets transferred to held for sale) was $288m (2016: $3m; 2015: $5m)$505m (2018: $104m; 2017: $288m).

Carrying value of goodwill and intangible assets

Where an investment in a subsidiary, joint venture or an associate is made, any excess of the consideration transferred over the fair value of the attributable Mineral Resource including value beyond proved and probable Ore Reserve, exploration properties and net assets is recognised as goodwill.

Intangible assets that have an indefinite useful life and separately recognised goodwill are not subject to amortisation and are tested annually for impairment and whenever events or changes in circumstance indicate that the carrying amount may not be recoverable. Assets that are subject to amortisation are tested for impairment whenever events or changes in circumstance indicate that the carrying amount may not be recoverable.

An impairment loss is recognised for the amount by which the asset’s carrying amount exceeds its recoverable amount. The recoverable amount is the higher of an asset’s fair value less costs to sell and value in use. For the purposes of assessing impairment, assets are grouped at the lowest levels for which there are separately identifiable cash flows (cash-generating units).

An individual operating mine is not a typical going-concern business because of the finite life of its reserves. The allocation of goodwill to an individual mine will result in an eventual goodwill impairment due to the wasting nature of the mine reporting unit. In accordance with the provisions of IAS 36, “Impairment of Assets”, the group performs its annual impairment review of assigned goodwill during the fourth quarter of each year.

The carrying value of goodwill in the consolidated financial statements at 31 December 20172019 was $127m (2016: $126m; 2015: $126m)$116m (2018: $116m; 2017: $127m). The impairment of goodwill recognised in the consolidated financial statements for the year ended 31 December 20172019 was $9m (2016:nil (2018: nil; 2015: nil)2017: $9m).

Income taxes

The group is subject to income taxes in numerous jurisdictions. Significant judgement is required in determining the worldwide provision for income taxes due to the complexity of legislation. There are many transactions and calculations for which the ultimate tax determination is uncertain during the ordinary course of business. The group recognises liabilities for anticipated tax audit issues based on estimates of whether additional taxes will be due. Where the final tax outcome of these matters is different from the

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

amounts that were initially recorded, such differences will impact the income tax and deferred tax provisions in the period in which such determination is made.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

The group tax reconciliation between tax expense and the product of accounting profit multiplied by the applicable tax rate, prepared in accordance with IAS 12 Income Taxes, applies the South African corporate tax rate of 28 percent.

The group recognises the net future tax benefit related to deferred income tax assets to the extent that it is probable that the deductible temporary differences will reverse in the foreseeable future. Assessing the recoverability of deferred income tax assets requires the group to make significant estimates related to expectations of future taxable income. Estimates of future taxable income are based on forecast cash flows from operations and the application of existing tax laws in each jurisdiction. To the extent that future cash flows and taxable income differ significantly from estimates, the ability of the group to realise the net deferred tax assets recorded at the reporting date could be impacted.

Additionally, future changes in tax laws in the jurisdictions in which the group operates could limit the ability of the group to obtain tax deductions in future periodsperiods.

Carrying values of the group at 31 December 2017:2019:
deferred tax asset: $4m (2016: $4m; 2015: $1m)$105m (2018: nil; 2017: $4m);
deferred tax liability: $363m (2016: $496m; 2015: $514m)$241m (2018: $315m; 2017: $363m);
taxation liability: $53m (2016: $111m; 2015: $91m)$72m (2018: $60m; 2017: $53m); and
taxation asset: $3m (2016: $14m; 2015: $27m).$10m (2018: $6m; 2017: $3m), included in trade, other receivables and other assets.

Unrecognised value of deferred tax assets: $470m (2016: $477m; 2015: $452m)$389m (2018: $501m; 2017: $470m).

Provision for environmental rehabilitation obligations

The group’s mining and exploration activities are subject to various laws and regulations governing the protection of the environment. The group recognises management’s best estimate for decommissioning and restoration obligations in the period in which they are incurred. Future changes to environmental laws and regulations, life of mine estimates, inflation rates, foreign currency exchange rates and discount rates could affect the carrying amount of this provision.

The carrying amount of the rehabilitation obligations (including held for sale rehabilitation obligations) for the group at 31 December 20172019 was $724m (2016: $705m; 2015: $683m)$730m (2017: $637m; 2016: $724m).

Stockpiles and metals in process

Costs that are incurred in or benefit the production process are accumulated in stockpiles and metals in process values. Net realisable value tests are performed at least annually and represent the estimated future sales price of the product, based on prevailing and long termlong-term metals prices, less estimated costs to complete production and bring the product to sale.

Surface and underground stockpiles and metals in process are measured by estimating the number of tonnes added and removed from the stockpile, the number of contained ounces based on assay data, and the estimated recovery percentage based on the expected processing method. Stockpile ore tonnages are verified by periodic surveys.

Although the quantities of recoverable metal are reconciled by comparing the grades of ore to the quantities of metals actually recovered (metallurgical balancing), the nature of the process inherently limits the ability to precisely monitor recoverability levels. As a result, the metallurgical balancing process is constantly monitored and engineering estimates are refined based on actual results over time.

Variations between actual and estimated quantities resulting from changes in assumptions and estimates that do not result in write-downs to net realisable value are accounted for on a prospective basis.

The carrying value of inventories (excluding finished goods and mine operating supplies) for the group at 31 December 20172019 was $424m (2016: $397m; 2015: $393m)$377m (2018: $404m; 2017: $424m).

Recoverable tax, rebates, levies and duties

In a number of countries, particularly in Continental Africa, AngloGold Ashanti is due refunds of indirect tax which remain outstanding for periods longer than those provided for in the respective statutes.

In addition, AngloGold Ashanti has unresolved non-income tax disputes in a number of countries, particularly in Continental Africa and in Brazil.Brazil and Argentina. If the outstanding input taxes are not received and the taxthese disputes are not resolved in a manner favourable to AngloGold Ashanti, it could have a material adverse effect upon the carrying value of these assets.assets and our results of operations.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

The net carrying value of recoverable tax, rebates, levies and duties for the group at 31 December 20172019 was $174m (2016: $135m; 2015: $94m)$227m (2018: $194m; 2017: $174m).





NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Post-retirement obligations

The determination of AngloGold Ashanti’s obligationobligations and expense for post-retirement liabilities depends on the selection of certain assumptions used by actuaries to calculate amounts. These assumptions include, among others, the discount rate, the expected long-term rate of return of plan assets, health care inflation costs, rates of increase in compensation costs and the number of employees who reach retirement age before the mine reaches the end of its life. While AngloGold Ashanti believes that these assumptions are appropriate, significant changes in the assumptions may materially affect post-retirement obligations as well as future expenses, which may result in an impact on earnings in the periods that the changes in these assumptions occur.

The carrying value of the post-retirement plansobligations at 31 December 20172019 was $122m (2016: $118m; 2015: $89m)$100m (2018: $100m; 2017: $122m).

Ore Reserve estimates

An Ore Reserve estimate is an estimate of the amount of product that can be economically and legally extracted from the group’s properties. In order to calculate the Ore Reserve, estimates and assumptions are required about a range of geological, technical and economic factors, including quantities, grades, production techniques, recovery rates, production costs, transport costs, commodity demand, commodity prices and exchange rates.

Estimating the quantity and/or grade of the Ore Reserve requires the size, shape and depth of orebodies to be determined by analysing geological data such as the logging and assaying of drill samples. This process may require complex and difficult geological judgements and calculations to interpret the data.

The group is required to determine and report its Ore Reserve in accordance with the minimum standards described by the South African Code for the reporting of Exploration Results, Mineral Resources and Mineral Reserves (The SAMREC Code)Code, 2016 Edition.Edition).

Because the economic assumptions used to estimate changes in the Ore Reserve from period to period, and because additional geological data is generated during the course of operations, estimates of the Ore Reserve may change from period to period. Changes in the reported Ore Reserve may affect the group’s financial results and financial position in a number of ways, including the following:
asset carrying values may be affected due to changes in estimated future cash flows;
depreciation, depletion and amortisation charged in the income statement may change where such charges are determined by the units-of-production method, or where the useful economic lives of assets change;
overburden removal costs, including production stripping activities, recorded on the statement of financial position or charged in the income statement may change due to changes in stripping ratios or the units-of-production method of depreciation;
decommissioning site restoration and environmental provisions may change where changes in the estimated Ore Reserve affect expectations about the timing or cost of these activities; and
the carrying value of deferred tax assets may change due to changes in estimates of the likely recovery of the tax benefits.

Development expenditure

Development activities commence after project sanctioning by the appropriate level of management. Judgement is applied by management in determining when a project has reached a stage at which economically recoverable reserves exist such that development may be sanctioned. In exercising this judgement, management is required to make certain estimates and assumptions similar to those described in the accounting policy for exploration and evaluation assets. Any such estimates and assumptions may change as new information becomes available. If, after having started the development activity, a judgement is made that a development asset is impaired, the appropriate amount will be written off to the income statement.

Provision for silicosis

Significant judgement is applied in estimating the costs that will be incurred to settle the silicosis class action claims and related expenditure.Theexpenditure. The final costs may differ from current cost estimates. The provision is based on actuarial assumptions including:
silicosis prevalence rates;
estimated settlement per claimant;
benefit take-up rates;
disease progression rates;
timing of cashflows; and
discount rate.

Management believes the assumptions are appropriate, however changes in the assumptions may materially affect the provision and final costs of settlement. In prior years, a silicosis provision was not raised as a reliable estimate could not be determined.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


The carrying value of the silicosis provision at 31 December 20172019 was $63m (2016: nil; 2015: nil)$65m (2018: $63m; 2017: $63m).


Identification and classification of discontinued operations

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS
During 2019, the decision to sell the remaining South African operations was made. Judgement was applied regarding classification of the disposal group as held for sale at year end, and whether the disposal group should be classified as a discontinued operation. The South African asset sale was assessed as a major geographical area of operations and part of a single co-ordinated plan to dispose of a major geographical area of operations and accordingly, it was classified as a discontinued operation. The sale was announced on 12 February 2020.

Contingencies

By their nature, contingencies will only be resolved when one or more future events occur or fail to occur. The assessment of such contingencies inherently involves the exercise of significant judgement and estimates of the outcome of future events. Such contingencies include, but are not limited to environmental obligations, litigation, regulatory proceedings, tax matters and losses resulting from other events and developments.

Firstly, whenWhen a loss is considered probable and reasonably estimable, a liability is recorded in the amount of the best estimate for the ultimate loss. The likelihood of a loss with respect to a contingency can be difficult to predict and determining a meaningful estimate of the loss or a range of loss may not always be practicable based on the information available at the time and the potential effect of future events and decisions by third parties that will determine the ultimate resolution of the contingency. It is not uncommon for such matters to be resolved over many years, during which time relevant developments and new information is continuously evaluated to determine both the likelihood of any potential loss and whether it is possible to reasonably estimate a range of possible losses. When a loss is probable but a reasonable estimate cannot be made, disclosure is provided.

In determining the threshold for disclosure on a qualitative and quantitative basis, management considers the potential for a disruptive effect on the normal functioning of the group and/or whether the contingency could impact investment decisions. Such qualitative matters considered are reputational risks, regulatory compliance issues and reasonable investor considerations. For quantitative purposes, an amountamateriality threshold of $18m has been considered.applied.

As a global company, the group is exposed to numerous legal risks. The outcome of currently pending and future proceedings cannot be predicted with certainty. Litigation and other judicial proceedings as a rule raise difficult and complex legal issues and are subject to uncertainties and complexities including, but not limited to, the facts and circumstances of each particular case, issues regarding the jurisdiction in which each suit is brought and differences in applicable law. Upon resolution of any pending legal matter, the group may be forced to incur charges in excess of the presently established provisions and related insurance coverage. It is possible that the financial position, results of operations or cash flows of the group could be materially affected by the unfavourable outcome of litigation.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


1.3    SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Equity-accounted investments

Joint ventures

A joint venture is an entity in which the group holds a long termlong-term interest and which the group and one or more other ventures jointly control under a contractual arrangement, that provides for strategic, financial and operating policy decisions relating to the activities requiring unanimous consent of the parties sharing control. The group’s interests in joint arrangements classified as joint ventures are accounted for using the equity method.

Profits and losses realised in connection with transactions between the group and joint ventures are eliminated in proportion to share ownership. Such profits and losses are deducted from the group’s equity and related statement of financial position amount and released in the group accounts when the assets are effectively realised outside the group. Dividends received from joint ventures are included in operating activities in the cash flow statement.

Associates

The equity method of accounting is used for an investmentinvestments over which the group exercises significant influence and normally owns between 20% and 50% of the voting equity. Associates are equity-accounted from the effective date of acquisition to the effective date of disposal.

Profits and losses realised in connection with transactions between the group and associated companies are eliminated in proportion to share ownership. Such profits and losses are deducted from the group’s equity and related statement of financial position amount and released in the group accounts when the assets are effectively realised outside the group. Dividends received from associates are included in investing activities in the cash flow statement.

Joint ventures and associates

If necessary, impairment losses on loans and equity are reported under share of joint ventures and associates profit and loss.

Any losses of equity-accounted investments are brought to accountaccounted for in the consolidated financial statements until the investment in such investments is written down to zero. Thereafter, losses are accounted for only insofar as the group is committed to providing financial support to such investees.

The carrying value of equity-accounted investments represents the cost of each investment, including goodwill, balance outstanding on loans advanced if the loan forms part of the net investment in the investee, any impairment losses recognised, the share of post-acquisition retained earnings and losses, and any other movements in reserves. The carrying value of equity-accounted investments is reviewed when indicators arise and if any impairment in value has occurred; it is recognised in the period in which the impairment arose.

In determining materiality for the disclosure requirements of IFRS 12 “Disclosure of Interest in Other Entities”, management has assessed that amounts representing the carrying value of at least 90% of the investments in associates and joint ventures balances, reported in the statement of financial position, constitute quantitative materiality.

Unincorporated joint ventures – joint operations

A joint operation is a joint arrangement whereby the parties that have joint control of the arrangement have rights to the use of assets and obligations for the liabilities of the arrangement. The group accounts for activities under joint operations by recognising, in relation to the joint operation, the assets it controls and the liabilities it incurs, the expenses it incurs and the revenue from the sale or use of its share of the joint operations output.

Foreign currency translation

Functional currency

Items included in the financial statements of each of the group’s entities are measured using the currency of the primary economic environment in which the entity operates (the ‘functional currency’). The functional currency of the parent company is South African Rands.



Transactions and balances


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Transactions and balances

Foreign currency transactions are translated into the functional currency using the approximate exchange rates prevailing at the dates of the transactions. Foreign exchange gains and losses resulting from the settlement of foreign currency transactions and from the translation at the reporting period exchange rate of monetary assets and liabilities denominated in foreign currencies are recognised in the income statement.

Group companies

The results and financial position of all group entities (none of which has the currency of a hyperinflationary economy) that have a functional currency different from the presentation currency are translated into the presentation currency as follows:
share capital and premium are translated at historical rates of exchange at the reporting date;
retained earnings are converted at historical average exchange rates;
assets and liabilities for each statement of financial position presented are translated at the closing rate at the date of that statement of financial position;
income and expenses for each income statement presented are translated at monthly average exchange rates (unless this average is not a reasonable approximation of the cumulative effect of the rates prevailing on the transaction dates, in which case income and expenses are translated at the rates prevailing at the date of the transaction); and
all resulting exchange differences are recognised in other comprehensive income and presented as a separate component of equity (foreign currency translation);translation reserve, or FCTR).

Exchange differences arising from the translation of the net investment in foreign operations, and of borrowings and other currency instruments designated as hedges of such investments, are taken toaccounted for as other comprehensive income on consolidation. On repayment or realisation, permanent loans and investments are recycled from FCTR to the income statement. For the company, the exchange differences on such monetary items are reported in the company income statement.

Segment reporting

An operating segment is a business activity whose results are regularly reviewed by the chief operating decision maker (CODM) in order to make decisions about resources to be allocated to it and to assess its performance and for which discrete financial information is available. The chief operating decision maker has been determined to beexecutive officer and the Executive Committee.executive committee are collectively identified as the CODM.

Tangible assets

Tangible assets are recorded at cost less accumulated amortisation and impairments/reversals. Cost includes pre-production expenditure incurred during the development of a mine and the present value of related future decommissioning costs.

Interest on borrowings relating to the financing of major capital projects under construction is capitalised during the construction phase as part of the cost of the project. Such borrowing costs are capitalised over the period during which the asset is being acquired or constructed and borrowings have been incurred. Capitalisation ceases when construction is interrupted for an extended period or when the asset is substantially complete. Other borrowing costs are expensed as incurred.

If there is an indication that the recoverable amount of any of the tangible assets is less than the carrying value, the recoverable amount is estimated and an allowancethe difference is made for therecognised as an impairment.

Subsequent costs are included in the asset’s carrying amount only when it is probable that future economic benefits associated with the asset will flow to the group, and the cost of the addition can be measured reliably. All other repairs and maintenance are charged to the income statement during the financial period in which they are incurred.

To the extent a legal or constructive obligation to a third party exists, the acquisition cost includes estimated costs of dismantling and removing the asset and restoring the site. A change in estimated expenditures for dismantling, removal and restoration is added to or deducted from the carrying value of the related asset. To the extent that the change would result in a negative carrying amount for the related asset, this effect is recognised as income. The change in depreciation charge is recognised prospectively.

For assets amortised on the units-of-production method, amortisation is calculated to allocate the cost of each asset to its residual value over its estimated useful life.

For those assets not amortised on the units-of-production method, amortisation is calculated over their estimated useful life as follows:

buildings up to life of mine;
plant and machinery up to life of mine;
equipment and motor vehicles up to five years;
computer equipment up to three years; and
leased assets over the shorter of the period of the lease and the useful life of the leased asset.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Major renovations are depreciated over the remaining useful life of the related asset or to the date of the next major renovation, whichever is sooner.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Assets are amortised to residual values. Residual values and useful lives are reviewed, and adjusted if appropriate, at the beginning of each financial year.

Gains and losses on disposals are determined by comparing net sale proceeds with the carrying amount at the date of sale. These are included in the income statement.

Mine development costs

Capitalised mine development costs include expenditure incurred to develop new orebodies, to define further mineralisation in existing orebodies and to expand the capacity of a mine. Mine development costs include acquired proved and probable Ore Reserve at cost at the acquisition date. These costs are amortised from the date on which commercial production begins.

Depreciation, depletion and amortisation of mine development costs are computed by the units-of-production method based on estimated proved and probable Ore Reserve. The proved and probable Ore Reserve reflects estimated quantities of reserves which can be recovered economically in the future from known mineral deposits.

Capitalised mine development costs also include stripping activity assets relating to production stripping activities incurred in the production phase of open-pit operations of the group. Once determined that any portion of the production stripping costs should be capitalised, the group determines the average mine costs per tonne of the component and the waste tonnes to which the production stripping costs relate to determine the amount of the production stripping costs that should be capitalised. Stripping activity assets are amortised on a units-of-production method based on the Ore Reserve of the component of the orebody to which these assets relate.

The average mine cost per tonne of the component is calculated as the total expected costs to be incurred to mine the relevant component of the orebody, divided by the number of tonnes expected to be mined from the component. The average mine cost per tonne of the component to which the stripping activity asset relates are recalculated annually in the light of additional knowledge and changes in estimates.

Mine infrastructure

Mine plant facilities, including decommissioning assets, are amortised using the lesser of their useful life or units-of-production method based on estimated proved and probable Ore Reserve.

Land and assets under construction

Land and assets under construction are not depreciated and are measured at historical cost less impairments.

Mineral rights and dumps

Mineral rights are amortised using the units-of-production method based on the estimated proved and probable Ore Reserve. Dumps are amortised over the period of treatment.

Exploration and evaluation assets

All pre-license and exploration costs, including geological and geographical costs, labour, Mineral Resource and exploratory drilling cost, are expensed as incurred, until it is concluded that a future economic benefit will more likely than not be realised. In evaluating if expenditures meet this criterion to be capitalised, several different sources of information are used depending on the level of exploration. While the criterion for concluding that expenditure should be capitalised is always probable, the information used to make that determination depends on the level of exploration:

Costs on greenfields sites, being those where the group does not have any mineral deposits which are already being mined or developed under the planned method of extraction, are expensed as incurred until the group is able to demonstrate that future economic benefits are probable, which generally will be the establishment of proved and probable Ore Reserve at this location;
Costs on brownfields sites, being those adjacent to mineral deposits which are already being mined or developed under the planned method of extraction, are expensed as incurred until the group is able to demonstrate that future economic benefits are probable, which generally will be the establishment of increased inclusive proved and probable Ore Reserve, after which the expenditure is capitalised as a mine development cost; and
Costs relating to extensions of mineral deposits, which are already being mined or developed, including expenditure on the definition of mineralisation of such mineral deposits, are capitalised as a mine development cost.

Costs relating to property acquisitions are capitalised within mine development costs.

Leases

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Leased assets

Assets subjectThe group assesses whether a contract is or contains a lease at inception of a contract. The group recognises a right-of-use asset and a corresponding lease liability with respect to financeall lease agreements in which it is the lessee, except for short-term leases (defined as leases with a lease term of 12 months or less) and leases of low value assets. For these leases, the group recognises the lease payments as an operating expense on a straight-line basis over the term of the lease unless another systematic basis is more representative of the time pattern in which economic benefits from the leased asset are capitalisedconsumed. The lease liability is initially measured at the lower of their fair value or the present value of minimumthe lease payments measuredthat are not paid at inceptionthe commencement date, discounted by using the rate implicit in the lease. If this rate cannot be readily determined, the group uses its incremental borrowing rate. The group has applied the IFRS 16 portfolio approach in determining the discount rate for leases. As such a single discount rate has been used for contracts that share similar characteristics. The group has determined that contracts that are denominated in the same currency will use a single discount rate. This rate has been determined using various factors including in-country borrowings as well as other sources of finance. Contracts may contain both lease and non-lease components. The group allocates the consideration in the contract to the lease and non-lease components based on their relative stand-alone prices.

Lease payments included in the measurement of the lease withliability comprise:
fixed lease payments (including in-substance fixed payments), less any lease incentives;
variable lease payments that depend on an index or rate, initially measured using the index or rate at the commencement date;
the amount expected to be payable by the lessee under residual value guarantees;
the exercise price of purchase options, if the lessee is reasonably certain to exercise the options; and
payments of penalties for terminating the lease, if the lease term reflects the exercise of an option to terminate the lease.

The lease liability is presented separately in the consolidated statement of financial position, allocated to non-current and current liabilities.

The lease liability is subsequently measured by increasing the carrying amount to reflect interest on the lease liability (using the effective interest method) and by reducing the carrying amount to reflect the lease payments made.

The group remeasures the lease liability (and makes a corresponding adjustment to the related right-of-use asset) whenever:
the lease term has changed or there is a change in the assessment of exercise of a purchase option, in which case the lease liability is remeasured by discounting the revised lease payments using a revised discount rate.
the lease payments change due to changes in an index or rate or a change in expected payment under a guaranteed residual value, in which cases the lease liability is remeasured by discounting the revised lease payments using the initial discount rate (unless the lease payments change is due to a change in a floating interest rate, in which case a revised discount rate is used).
a lease contract is modified and the lease modification is not accounted for as a separate lease, in which case the lease liability is remeasured by discounting the revised lease payments using a revised discount rate.

The right-of-use assets comprise the initial measurement of the corresponding lease liability, lease payments made at or before the commencement day, any initial direct costs and restoration costs as described below. They are subsequently measured at cost less accumulated depreciation and impairment losses.

The lease term is determined as the non-cancellable period of a lease, together with:
Periods covered by an option to extend the lease if AngloGold Ashanti is reasonably certain to make use of that option; and / or
Periods covered by an option to terminate the lease, if AngloGold Ashanti is reasonably certain not to make use of that option.

Whenever the group incurs an obligation for costs to dismantle and remove a leased asset, restore the site on which it is located or restore the underlying asset to the condition required by the terms and conditions of the lease, a provision is recognised atand measured under IAS 37 Provisions, Contingent Liabilities and Contingent Assets. The costs are included in the same amount. Capitalised leasedrelated right-of-use asset, unless those costs are incurred to produce inventories.

Right-of-use assets are depreciated over the shorter period of their estimatedlease term and useful lives andlife of the underlying asset. If a lease term. Finance lease paymentstransfers ownership of the underlying asset or the cost of the right-of-use asset reflects that the group expects to exercise a purchase option, the related right-of-use asset is depreciated over the useful life of the underlying asset. The depreciation starts at the commencement date of the lease.

The right-of-use assets are allocated using the rate implicitpresented as a separate line in the lease, which is included in finance costs, and the capital repayment, which reduces the liability to the lessor.consolidated statement of financial position.

Operating lease rentals are charged against operating profits inThe group applies IAS 36 Impairment of Assets to determine whether a systematic manner related to the period the assets concerned will be used.right-of-use asset is impaired and accounts for any identified impairment loss accordingly.

Non-current assets held for sale and discontinued operations


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Non-current assets and disposal groups are classified as held for sale if their carrying amount will be recovered principally through a sale transaction rather than through continuing use. This condition is regarded as having been met only when the sale is highly probable and the asset (or disposal group) is available for immediate sale in its present condition. Management must be committed to the sale, which should be expected to qualify for recognition as a completed sale within one year from the date of classification.

Non-current assets (and disposal groups) classified as held for sale are measured at the lower of their previous carrying amount and fair value less costs to sell.

Tangible assets, right of use assets and intangible assets are not depreciated once classified as held for sale.

A disposal group qualifies as a discontinued operation if it is a component of an entity that either has been disposed of, or is classified as held for sale, and:
Represents a separate major line of business or geographical area of operations;
Is part of a single co-ordinated plan to dispose of a separate major line of business or geographical area of operations; or
Is a subsidiary acquired exclusively with a view to resale.

Discontinued operations are excluded from the results of continuing operations and are presented as a single amount as profit or loss after tax from discontinued operations in the statement of profit or loss.

Inventories

Inventories are valued at the lower of cost and net realisable value after appropriate allowances for redundant and obsolete items. Cost is determined on the following bases:
metals in process are valued at the average total production cost at the relevant stage of production;
gold doré/bullion is valued on an average total production cost method;
ore stockpiles are valued at the average moving cost of mining and stockpiling the ore. Stockpiles are classified as a non-current asset where the stockpile exceeds current processing capacity;
by-products, which include uranium oxide, silver and sulphuric acid, are valued using an average total production cost method;
mine operating supplies are valued at average cost; and
heap leach pad materials are measured on an average total production cost basis.

A portion of the related depreciation, depletion and amortisation charge is included in the cost of inventory. Impairments resulting from a decrease in prices are disclosed in special items,other expenses, all other impairments are included in cost of sales.

Provisions

Provisions are recognised when the group has a present obligation, whether legal or constructive, because of a past event for which it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation and a reliable estimate can be made of the amount of the obligation. Where some or all of the expenditure required to settle a provision is expected to be reimbursed by another party, the reimbursement is recognised only when the reimbursement is virtually certain. The amount to be reimbursed is recognised as a separate asset. Where the group has a joint and several liability with one or more other parties, no provision is recognised to the extent that those other parties are expected to settle part or all of the obligation.

Provisions are measured at the present value of management’s best estimate of the expenditure required to settle the obligation at the reporting date. The discount rate used to determine the present value reflects current market assessments of the time value of money and the risks specific to the liability.

Litigation and administrative proceedings are evaluated on a case-by-case basis considering the information available, including that of legal counsel, to assess potential outcomes. Where it is considered probable that an obligation will result in an outflow of resources, a provision is recorded for the present value of the expected cash outflows if these are reasonably measurable. These provisions cover the estimated payments to plaintiffs, court fees and the cost of potential settlements.

AngloGold Ashanti does not recognise a contingent liability on its statement of financial position except in a business combination where the contingent liability represents a possible obligation.

Employee benefits

Other post-employment benefit obligations

Some group companies provide post-retirement health care benefits to their retirees. The entitlement to these benefits is usually conditional on the employee remaining in service up to retirement age and completion of a minimum service period. The expected costs of these benefits are accrued over the period of employment using an accounting methodology on the same basis as that used for defined benefit pension plans. Actuarial gains and losses arising from experience adjustments and changes in actuarial assumptions are recorded in other comprehensive income immediately. These obligations are valued annually by independent qualified actuaries.


Termination benefits

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


Termination benefits

Termination benefits are payable when employment is terminated before the normal retirement date, or when an employee accepts voluntary redundancy in exchange for these benefits. The group recognises a liability and expense for termination benefits at the earlier of the following dates: (a) when the entity can no longer withdraw the offer of those benefits; and (b) when the entity recognises costs for a restructuring that is within the scope of IAS 37 “Provisions,Provisions, Contingent Liabilities and Contingent Assets”Assets and involves the payment of termination benefits. The group recognises termination benefits when it is demonstrably committed to either terminating the employment of current employees according to a detailed formal plan without possibility of withdrawal; or providing termination benefits as a result of an offer made to encourage voluntary redundancy based on the number of employees expected to accept the offer. Benefits falling due more than 12 months after reporting date are discounted to present value.

Share-based payments

The group’s management awards certain employee bonuses in the form of equity-settled share-based payments on a discretionary basis.

The fair value of the equity instruments granted is calculated at grant date. For transactions with employees, fair value is based on market prices of the equity instruments granted, if available, taking into account the terms and conditions upon which those equity instruments were granted. If market prices of the equity instruments granted are not available, the fair value of the equity instruments granted is estimated using an appropriate valuation model. Vesting conditions, other than market conditions, are not taken into account when estimating the fair value of shares or share options at measurement date.

Over the vesting period, the fair value at measurement date is recognised as an employee benefit expense with a corresponding increase in other capital reserves based on the group’s estimate of the number of instruments that will eventually vest. The income statement charge or credit for a period represents the movement in cumulative expense recognised as at the beginning and end of that period. Vesting assumptions for non-market conditions are reviewed at each reporting date to ensure they reflect current expectations.

When options are exercised or share awards vest, the proceeds received, net of any directly attributable transaction costs, are credited to share capital (nominal value) and share premium.

Where the terms of an equity settled award are modified, as a minimum, an expense is recognised as if the terms had not been modified. In addition, an expense is recognised for any modification which increases the total fair value of the share-based payment arrangement, or is otherwise beneficial to the employee, as measured at the date of the modification.

In addition, the group'sgroup’s management awards certain employee bonuses in the form of a cash settled scheme, whereby awards granted are linked to the performance of the company'scompany’s share price. A liability is recognised based upon the grant date fair value and is subsequently remeasured to the closing share price at each reporting date up to the date of vesting. Remeasurements to fair value are recognised in the income statement.

In the company financial statements, share-based payment arrangements with employees of other group entities are recognised by charging that entity its share of the expense and a corresponding increase in other capital reserves. When options are exercised or share awards vest, the proceeds received, net of any directly attributable transaction costs, are credited to share capital (nominal value) and share premium.

Environmental expenditure

The group has long-term remediation obligations comprising decommissioning and restoration liabilities relating to its past operations which are based on the group’s environmental management plans, in compliance with current environmental and regulatory requirements. Provisions for non-recurring remediation costs are made when there is a present obligation, it is probable that expenditure on remediation work will be required and the cost can be estimated within a reasonable range of possible outcomes. The costs are based on currently available facts, technology expected to be available at the time of the clean-up, laws and regulations presently or virtually certain to be enacted and prior experience in remediation of contaminated sites.

Contributions for the South African operations are made to Environmental Rehabilitation Trust Funds, created in accordance with local statutory requirements where applicable, to solely fund the estimated cost of rehabilitation during and at the end of the life of a mine. The amounts contributed to the trust funds are accounted for as non-current assets in the company. Interest earned on monies paid to rehabilitation trust funds is accrued on a time proportion basis and is recorded as interest income. These funds may only be utilised for purposes of settling decommissioning and environmental liabilities relating to existing mining operations. All income earned on these funds is reinvested or spent to meet these obligations. For group purposes, the trusts are consolidated.




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Decommissioning costs

The provision for decommissioning represents the cost that will arise from rectifying damage caused before production commences. Accordingly, a provision and a decommissioning asset is recognised and included within mine infrastructure.

Decommissioning costs are provided at the present value of the expenditures expected to settle the obligation, using estimated cash flows based on current prices. The unwinding of the decommissioning obligation is included in the income statement. Estimated future costs of decommissioning obligations are reviewed regularly and adjusted as appropriate for new circumstances or changes in law or technology. Changes in estimates are capitalised or reversed against the relevant asset. Estimates are discounted at a pre-tax rate that reflects current market assessments of the time value of money.

Gains or losses from the expected disposal of assets are not taken into account when determining the provision.


Restoration costs

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


The provision for restoration represents the cost of restoring site damage after the start of production. Changes in the provision are recorded in the income statement as a cost of production.

Restoration costs are estimated at the present value of the expenditures expected to settle the obligation, using estimated cash flows based on current prices and adjusted for risks specific to the liability. The estimates are discounted at a pre-tax rate that reflects current market assessments of the time value of money.

Revenue recognition

Revenue is recognised at the fair valuewhen control of the consideration received or receivablegoods passes to the extent that itcustomer and the performance obligations of transferring control have been met. The amount of revenue recognised reflects the consideration to which the entity is probable that economic benefits will flow toentitled in exchange for the groupgoods transferred.

Revenue from product sales comprises sales of:
refined gold;
by-products including silver and revenuesulphuric acid; and costs can be reliably measured. The following criteria must also be present:
the sale of mining productsdoré bars.

Revenue from product sales is recognised when the significant risks and rewards of ownership of the products are transferred to the buyer;
dividends and royalties are recognised when the right to receive payment is established;
interest is recognised onat a time proportion basis, taking account of the principal outstanding and the effective rate over the period to maturity, when it is determined that such income will accrue to the group; and
where a by-product is not regarded as significant, revenue is credited against cost of sales, when the significant risks and rewards of ownership of the products are transferred to the buyer.point in time.

Taxation

Deferred taxation is providedrecognised on all qualifying temporary differences at the reporting date between the tax bases of assets and liabilities and their carrying amounts for financial reporting purposes.

Deferred tax assets are only recognised to the extent that it is probable that the deductible temporary differences will reverse in the foreseeable future and future taxable profit will be available against which the temporary difference can be utilised.

The carrying amount of deferred tax assets is reviewed at each reporting date.

Deferred tax assets and liabilities are measured at future anticipated tax rates, which have been enacted or substantively enacted at the reporting date.

Current and deferred tax is recognised as income or expense and included in profit or loss for the period, except to the extent that the tax arises from a transaction or event which is recognised, in the same or a different period, in other comprehensive income or directly in equity, or a business combination that is an acquisition.

Current tax is measured on taxable income at the applicable statutory rate enacted or substantively enacted at the reporting date. Interest and penalties, if any, are recognised in the income statement as part of taxation expense.

Special itemsOther expenses and income

Items of income and expense, not included in gross profit, that require separate disclosure, in accordance with IAS 1.97, are:
material either quantitatively or qualitatively, or both;
non-recurring;
not directly related to current operating or financing activities ; and
not disclosed separately on the face of the income statement,
are classified as special itemsOther expenses and income on the face of the income statement.

Financial instruments

Financial instruments are initially measuredrecognised at fair value when the group becomes a party to their contractual arrangements. Transaction costs directly attributable to the instrument’s acquisition or issue are included in the initial measurement of financial instruments,assets and financial liabilities, except financial instruments classified as at fair value through profit or loss.loss (FVTPL). The subsequent measurement of financial instruments is dealt with below.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

A financial asset is derecognised when the right to receive cash flows from the asset has expired or the group has transferred its rights to receive cash and either (a) has transferred substantially all the risks and rewards of the asset, or (b) has neither transferred nor retained substantially all the risks and rewards of the asset, but has transferred control of the asset.Financial liabilities

Financial liabilities are classified as measured at amortised cost.

A financial liability is derecognised when the obligation under the liability is discharged, cancelled or expires. The group also derecognises a financial liability when its terms are modified and the cash flows of the modified liability are substantially different. In this case a new financial liability based on the modified terms is recognised at fair value.

Financial assets

On initial recognition, a financial asset is classified as measured at:
amortised cost;
Fair value through other comprehensive income (FVTOCI) - equity instruments; or
FVTPL.

At initial recognition, the group measures a financial asset at its fair value plus, in the case of a financial asset not at FVTPL, transaction costs that are directly attributable to the acquisition of the financial asset. Transaction costs of financial assets carried at FVTPL, are expensed.

A financial asset is measured at amortised cost if it is held within the business model whose objective is to hold assets to collect contractual cash flows and its contractual terms give rise, on specified dates, to cash flows that are solely payments of principal and interest on the principal amount outstanding. Interest income from these financial assets is included in finance income using the effective interest rate method. Any gain or loss arising on derecognition is recognised directly in profit or loss and presented in other gains or losses, together with foreign exchange gains or losses. Impairment losses are presented in the statement of profit or loss. A gain or loss on a debt investment that is subsequently measured at FVTPL is recognised in profit or loss and presented net within other gains or losses in the period in which it arises. On derecognition of a financial asset, the difference between the proceeds received or receivable and the carrying amount of the asset is included in profit or loss.

On derecognition of a financial liability, the difference between the carrying amount of the liability extinguished or transferred to another party and the amount paid is included in profit or loss.

Regular way purchases and sales of all financial assets and liabilities are accounted for at settlement date.

Other investments

Equity instruments
Listed equity investments and unlisted equity investments, other than investments in subsidiaries, joint ventures and associates,which are held to meet rehabilitation liabilities are classified as available-for-sale financial assets andFVTPL. Listed equity investments held for other purposes are classified as FVTOCI.

The group subsequently measuredmeasures all equity investments at fair value. Listed investments’Where the group’s management has elected to present fair values are calculated by reference to the quoted selling price at the close of businessvalue gains and losses on the reporting date. Fair values for unlisted equity investments are estimated using methods reflecting the economic circumstancesin OCI, there is no subsequent reclassification of the investee. Equity investments for which fair value cannot be measured reliably are recognised at cost less impairment. Changes in fair value are recognised in other comprehensive income in the period in which they arise. These amounts are removed from other comprehensive incomegains and reported in income when the asset is derecognised or when there is objective evidence that the asset is impaired based on a significant or prolonged decrease in the fair value of the equity instrument below its cost.

Investments which management has the intention and abilitylosses to hold to maturity are classified as held-to-maturity financial assets and are subsequently measured at amortised cost using the effective interest rate method. If there is evidence that held-to-maturity financial assets are impaired, the carrying amount of the assets is reduced and the loss recognised in the income statement.

Other non-current assets

Loans and receivables are subsequently measured at amortised cost using the effective interest rate method. If there is evidence that loans and receivables are impaired, the carrying amount of the assets is reduced and the loss recognised in the income statement.

Trade and other receivables

Trade receivables are recognised initially at fair value and subsequently measured at amortised cost using the effective interest method, less accumulated impairment. Impairment of trade and other receivables is established when there is objective evidence as a result of a loss event that the group will not be able to collect all amounts due according to the original terms of the receivables. Objective evidence includes failure by the counterparty to perform in terms of contractual arrangements and agreed terms. The amount of the impairment is the difference between the asset’s carrying amount and the present value of estimated future cash flows, discounted at the original effective interest rate. Impairments relate to specific accounts whereby the carrying amount is directly reduced. The impairment is recognised in the income statement.

Cash and cash equivalents

Cash and cash equivalents are defined as cash on hand, demand deposits and short-term, highly liquid investments which are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. They are measured at amortised cost which is deemed to be fair value as they have a short-term maturity.

Cash restricted for use

Cash which is subject to legal or contractual restrictions on use is classified separately as cash restricted for use.

Financial liabilities

Financial liabilities, other than derivatives and liabilities classified as at fair value through profit or loss are subsequently measured at amortised cost, usingfollowing the effective interest rate method.

Financial liabilities permittedderecognition of the investment. Dividends from such investments continue to be designated on initial recognition as being at fair value through profit or loss are recognised at fair value, with transaction costs being recognised in profit or loss, and are subsequently measured at fair value. Gains and losses on financial liabilities that are designated as at fair value through profit or loss are recognised in profit or loss as they arise. Fairother income when the group’s right to receive payments is established. Residual values in OCI are reclassified to retained earnings (accumulated losses) on derecognition of the related FVTOCI instruments. Changes in the fair value of financial assets at FVTPL are recognised in other gains or losses in the statement of profit or loss as applicable.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTSTrade receivables
Trade receivables mainly comprise receivables owing from banking institutions purchasing gold bullion. Normal market settlement terms are two working days.

valueImpairment of a financial liability that is quoted in an active market is the current offer price times the number of units of the instrument held or issued.assets

Financial guarantee contractsassets at amortised cost consist of trade receivables, loans, cash and cash equivalents and debt instruments. Impairment losses are accountedassessed using the forward-looking expected credit loss (ECL) approach. An allowance is recorded for asall loans and other debt financial instruments and measured initiallyassets not held at estimated fair value. TheyFVTPL. The impairment methodology applied depends on whether there has been a significant increase in credit risk. Trade receivable loss allowances are subsequently measured at an amount equal to lifetime ECL’s. Loss allowances are deducted from the highergross carrying amount of the assets. Debt securities that are determined to have a low credit risk at the reporting date and bank balances, for which credit risk has not increased significantly since initial recognition, are measured at an amount determined in accordance with IAS 37 “Provisions, Contingent Liabilities and Contingent Assets”, and the amount initially recognised less (when appropriate) cumulative amortisation recognised in accordance with IAS 18 “Revenue”.equal to 12-month ECL.

Fair value measurements

The group measures financial instruments at fair value at each reporting date where relevant. Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The fair value of an asset or a liability is measured using the assumptions that market participants would use when pricing the asset or liability, assuming that market participants act in their economic best interest.

For the purpose of fair value disclosures, the group has determined classes of assets and liabilities on the basis of the nature, characteristics and risks of the asset or liability and the level of the fair value hierarchy. The group uses valuation techniques that are appropriate in the circumstances and for which sufficient data are available to measure fair value, maximising the use of relevant observable inputs and minimising the use of unobservable inputs.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




2    SEGMENTAL INFORMATION

AngloGold Ashanti Limited’s operating segments are being reported based on the financial information provided to the Chief Executive Officer and the Executive Committee, collectively identified as the Chief Operating Decision Maker (CODM). The group produces gold as its primary product and does not have distinct divisional segments in terms of principal business activity, but manages its business on the basis of different geographic segments (including equity accounted investments). Individual members of the Executive Committee are responsible for geographic regions of the business.

Group analysis by origin is as follows:
Figures in millions
Total assets (1)(2)(3)
 
Net operating assets(2)(3)
US Dollars2017
 2016
 2015
 2017
 2016
 2015
South Africa1,734
 1,818
 1,629
 1,388
 1,520
 1,352
Continental Africa3,153
 3,090
 3,121
 1,296
 1,278
 1,349
Australasia929
 804
 837
 664
 581
 625
Americas1,258
 1,273
 1,341
 909
 923
 963
Other, including non-gold producing subsidiaries145
 168
 356
 24
 26
 11
 7,219

7,153

7,284

4,281

4,328

4,300
            
Non-current assets considered material, by country are:           
South Africa(5)
      1,295
 1,678
 1,463
Foreign entities(5)
      4,259
 4,144
 4,324
            
DRC(5)
      1,423
 1,400
 1,406
Ghana(5)
      533
 520
 543
Tanzania(5)
      422
 437
 517
Australia(5)
      764
 673
 703
Brazil(5)
      632
 645
 657
Figures in millionsGold income
US Dollars2019 2018 2017
Geographical analysis of gold income by origin is as follows:     
Continental Africa(1)
2,203
 1,983
 1,895
Australia851
 780
 709
Americas1,000
 1,021
 1,104
 4,054
 3,784
 3,708
Equity-accounted investments included above(615) (581) (453)
Continuing operations3,439
 3,203
 3,255
Discontinued operations - South Africa554
 602
 1,101
 3,993
 3,805
 4,356
      
Foreign countries included in the above and considered material are:     
Australia851
 780
 709
Argentina  387
 399
Brazil679
 634
 705
Guinea    489
Tanzania849
 715
 664
DRC504
 468
  
      
Geographical analysis of gold income by destination is as follows:     
South Africa981
 946
 946
North America486
 450
 456
Australia851
 780
 709
Europe329
 387
 399
United Kingdom1,407
 1,221
 1,198
 4,054
 3,784
 3,708
Equity-accounted investments included above(615) (581) (453)
 3,439
 3,203
 3,255
Discontinued operations - South Africa554
 602
 1,101
Continuing and discontinued operations3,993
 3,805
 4,356
      
Figures in millionsAmortisationBy product revenue
US Dollars2017
 2016
 2015
2019
 2018
 2017
South Africa133
 167
 182
Continental Africa(1)
421
 365
 339
3
 4
 3
Australasia130
 126
 117
Americas(1)
273
 260
 240
Other, including non-gold producing subsidiaries2
 5
 7
Australia3
 2
 2
Americas81
 128
 135
959

923

885
87
 134
 140
Equity-accounted investments included above(136) (114) (108)(1) (1) (1)
Continuing operations823

809

777
86
 133
 139
Discontinued operations
 
 6
Discontinued operations - South Africa1
 6
 15
823

809

783
87
 139
 154
     

The Group's revenue is mainly derived from gold income. Approximately 34% of the group's total gold produced is sold to two customers of the group. Due to the diversity and depth of the total gold market, the bullion banks do not possess significant pricing power.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

2    SEGMENTAL INFORMATION (continued)


Figures in millions
Gross profit (loss) (2)
US Dollars2019
 2018
 2017
Continental Africa(1)
605
 380
 386
Australia221
 160
 159
Americas(1)
265
 310
 253
Corporate and other1
 2
 2
 1,092
 852
 800
Equity-accounted investments included above(188) (102) (13)
Continuing operations904
 750
 787
Discontinued operations - South Africa79
 22
 (3)
 983
 772
 784
      


Figures in millionsCost of sales
      
US Dollars2019
 2018
 2017
Continental Africa(1)
1,601
 1,607
 1,513
Australia632
 622
 551
Americas (1)
822
 838
 987
Corporate and other(1) (3) (3)
 3,054
 3,064
 3,048
Equity-accounted investments included above(428) (480) (441)
Continuing operations2,626
 2,584
 2,607
Discontinued operations - South Africa479
 589
 1,129
 3,105
 3,173
 3,736
      


Figures in millionsAmortisation
US Dollars2019
 2018
 2017
Continental Africa(1)
367
 379
 421
Australia173
 149
 130
Americas(1)
177
 192
 273
Corporate and other3
 3
 2
 720
 723
 826
Equity-accounted investments included above(137) (165) (136)
Continuing operations583
 558
 690
Discontinued operations - South Africa61
 72
 133
 644
 630
 823
      



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

2    SEGMENTAL INFORMATION (continued)

Figures in millions
Total assets (1)(3)(4)
US Dollars2019
 2018
 2017
South Africa697
 1,106
 1,734
Continental Africa3,514
 3,135
 3,153
Australia972
 888
 929
Americas1,427
 1,286
 1,258
Corporate and other253
 228
 145
 6,863
 6,643
 7,219


Figures in millions
Non-current assets (5)
US Dollars2019
 2018
 2017
      
Non-current assets considered material, by country are:     
South Africa25
 1,005
 1,295
Foreign entities4,644
 4,234
 4,259
      
DRC1,506
 1,439
 1,423
Ghana758
 550
 533
Tanzania379
 369
 422
Australia817
 718
 764
Brazil625
 615
 632


Figures in millionsCapital expenditure
US Dollars2019
 2018
 2017
Continental Africa(1)
410
 313
 409
Australia149
 156
 153
Americas (1)
195
 176
 234
Corporate and other
 
 2
Continuing operations754
 645
 798
Discontinued operations - South Africa60
 76
 155
 814
 721
 953
Equity-accounted investments(51) (69) (123)
 763
 652
 830

(1) 
Includes equity-accounted investments.
(2)
Total assets includes allocated goodwill of nil (2016: $8m; 2015: $7m) for South Africa, $119m (2016: $110m; 2015: $111m) for Australasia and $8m (2016: $8m; 2015: $8m) for Americas (note 15). The South African segment includes assets held for sale of $348m (refer note 23).
(3)
In 2017, pre-tax impairments and derecognition of assets of $294m were accounted for in South Africa (2016: $3m; 2015: $5m).
(4) 
The group's segmental profit measure is gross profit (loss), which excludes the results of associates and joint ventures. For the reconciliation of gross profit (loss) to profit before taxation, refer to the group income statement.
(3)
Total assets include allocated goodwill of $108m (2018: $108m; 2017: $119m) for Australia and $8m (2018: $8m; 2017: $8m) for Americas (note 17). The South African segment includes assets held for sale of $581m (2018: nil; 2017: $348m) and the Continental Africa segment includes assets held for sale of $20m (2018: nil; 2017: nil).
(4)
In 2019, pre-tax impairments and derecognition of assets of $556m were accounted for in South Africa (2018: $98m; 2017: $294m), Continental Africa $2m (2018: $5m; 2017: nil) and the Americas $1m (2018: $1m; 2017: nil).
(5) 
Non-current assets exclude financial instruments and deferred tax assets.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)





3    REVENUE FROM PRODUCT SALES
 US Dollars
Figures in millions2019
 2018
 2017
Revenue consists of the following principal categories:     
Gold income (note 2)3,439
 3,203
 3,255
By-products (note 2)86

133

139
Revenue from product sales3,525
 3,336
 3,394
4    COST OF SALES
 US Dollars
Figures in millions2019
 2018
 2017
Cash operating costs1,831
 1,850
 1,756
Royalties137
 133
 111
Other cash costs13
 13
 14
Total cash costs1,981
 1,996
 1,881
Retrenchment costs4
 4
 6
Rehabilitation and other non-cash costs53
 17
 16
Amortisation of tangible assets (notes 32 and 36)538
 553
 685
Amortisation of right of use assets(1) (notes 32 and 36)
42
 
 
Amortisation of intangible assets (notes 32 and 36)3
 5
 5
Inventory change5
 9
 14
 2,626
 2,584
 2,607

2    Segmental Information(1) Amortisation relating to right of use assets as recognised in accordance with IFRS 16 Leases.


5    CORPORATE ADMINISTRATION, MARKETING AND OTHER COSTS
 US Dollars
Figures in millions2019
 2018
 2017
Corporate administration expenses63
 60
 52
Share scheme and related costs19
 16
 12
 82
 76
 64
6    OTHER EXPENSE (INCOME) (1)

US Dollars
Figures in millions2019

2018

2017
Care and maintenance (note 36)
47
 39
 62
Governmental fiscal claims, cost of old tailings operations and other expenses21
 14
 15
Guinea public infrastructure contribution8
 
 
Pension and medical defined benefit provisions9
 10
 9
Royalties received(3) (10) (18)
Brazilian power utility legal settlement(16) 
 
Retrenchment and related costs3
 6
 6
Legal fees and project costs11
 16
 74
Other indirect taxes

3
 4
 2
 83
 79
 150

(1) Change in disclosure from prior years. Refer note 1 for details.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)





7    FINANCE COSTS AND UNWINDING OF OBLIGATIONS
 US Dollars
Figures in millions2019
 2018
 2017
Finance costs     
Finance costs on bonds, corporate notes, bank loans and other135
 128
 131
Amortisation of fees4
 7
 4
Lease finance charges10
 5
 6
Less: interest captalised(6) 
 
 143
 140
 141
Unwinding of obligations29
 28
 16
Total finance costs and unwinding of obligations (note 32 and 36)172
 168
 157
8    SHARE OF ASSOCIATES AND JOINT VENTURES' PROFIT (LOSS)
 US Dollars
Figures in millions2019
 2018
 2017
      
Revenue616
 582
 454
Operating costs and other expenses(452) (472) (471)
Net interest received (paid)10
 (8) 1
Profit (loss) before taxation174

102

(16)
Taxation(35) (9) 23
Profit (loss) after taxation139

93

7
Impairment reversal of investments in associates (1)
23
 15
 13
Impairment reversal of investments in joint ventures (note 19)6
 14
 2
Share of associates and joint ventures’ profit (loss) (note 32)168

122

22
(1) Based on the results and financial position of Rand Refinery (Pty) Limited, an impairment reversal was recognised.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




9     DISCONTINUED OPERATIONS AND ASSETS AND LIABILITIES HELD FOR SALE
South African asset sale

On 12 February 2020, AngloGold Ashanti announced that it has reached an agreement to sell its remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited. Consideration for the transaction is in cash and deferred payments with expected proceeds of around $300m subject to subsequent performance, and with additional proceeds if the West Wits assets are developed below current infrastructure.

The transaction includes the following assets and liabilities:
The Mponeng mine and its associated assets and liabilities;
The Tau Tona and Savuka mines and associated rock-dump and tailings storage facility reclamation sites, mine rehabilitation and closure activities located in the West Wits region and their associated assets and liabilities;
First Uranium (Pty) Limited which owns Mine Waste Solutions (Pty) Limited and Chemwes (Pty) Limited as well as associated tailings assets and liabilities;
Covalent Water Company (Pty) Limited, AngloGold Security Services (Pty) Limited and Masakhisane Investments (Pty) Limited; and
Certain rock-dump reclamation, mine rehabilitation and closure activities located in the Vaal River region and their associated assets and liabilities.

The consideration comprises three elements:
US$200m in cash payable at closing; and
Two components of deferred consideration, payable as follows:

1.US$260 per ounce payable on all underground production sourced within the West Wits mineral rights (comprising the Mponeng, Savuka and Tau Tona mines) in excess of 250,000 ounces per annum for 6 years commencing 1 January 2021; and
2.US$20 per ounce payable on underground production sourced within the West Wits mineral rights (comprising the Mponeng, Savuka and Tau Tona mines) below the datum of current infrastructure.

The agreement provides for terms customary in agreements of this nature and is subject to customary conditions precedent. Key conditions precedent include:
Approval from the South African Competition Authorities pursuant to the South African Competition Act No 89 of 1998; and
Section 11 approval from the Minister of Mineral Resources and Energy pursuant to the MPRDA in relation to West Wits Mineral Right.

AngloGold Ashanti and Harmony have committed to engage with the relevant authorities and other stakeholders in order to ensure the conditions precedent are fulfilled as soon as possible with earliest closing anticipated on or about 30 June 2020.

As at 31 December 2019, AngloGold Ashanti had received offers from potential buyers regarding the sale of the South African assets. The announced transaction on 12 February 2020 resulted in an expected consideration of around $300m which forms the basis for the fair value less costs to sell value of the South Africa disposal group. The non-recurring fair value measurement for the South Africa disposal group is included in level 3 of the fair value hierarchy. The fair value is based on unobservable market offers from potential buyers for the South Africa disposal group.

The held for sale assets and liabilities related to the transaction are reported in the South Africa segment. The South African asset sale is treated as a discontinued operation.

In terms of the transaction the silicosis obligation of $65m and the post-retirement medical obligation of $93m relating to South African employees are retained by AngloGold Ashanti.

Sale interest in the Sadiola Mine

On 23 December 2019, AngloGold Ashanti announced that it together with its joint venture partner, IAMGOLD Corporation (IAMGOLD), had agreed to sell their interests in Société d’Exploitation des Mines d’Or de Sadiola S.A. (Sadiola) to Allied Gold Corp (Allied Gold). Sadiola's principal asset is the Sadiola Mine located in the Kayes region of Western Mali. AngloGold Ashanti and IAMGOLD each hold a 41% interest in Sadiola with the remaining 18% interest held by the Government of Mali.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




9     DISCONTINUED OPERATIONS AND ASSETS AND LIABILITIES HELD FOR SALE(continued)

In terms of the agreement, AngloGold Ashanti and IAMGOLD will sell their collective interests in Sadiola to Allied Gold for a cash consideration of US$105m, payable as follows:
US$50m (US$25m each to AngloGold Ashanti and IAMGOLD) upon the fulfillment or waiver of all conditions precedent and closing of the transaction;
Up to a further US$5m (US$2.5m each to AngloGold Ashanti and IAMGOLD), payable 8 days after closing, to the extent that the cash balance of Sadiola at closing is greater than an agreed amount;
US$25m (US$12.5m each to AngloGold Ashanti and IAMGOLD) upon the production of the first 250,000 ounces from the Sadiola Sulphides Project (SSP); and
US$25m (US$12.5m each to AngloGold Ashanti and IAMGOLD) upon the production of a further 250,000 ounces from the SSP.

The transaction is subject to the fulfillment, or waiver, of a number of conditions precedent, including the receipt of certain approvals and releases from the Government of Mali. AngloGold Ashanti received approval from the South African Reserve Bank in early 2020. It is anticipated that all conditions precedent will be fulfilled or waived by the end of April 2020.

This transaction offer represents the most significant unobservable input in determining the non-recurring fair value measurement of the Sadiola investment; accordingly, the fair value is included in level 3 of the fair value hierarchy.

The carrying value of the Sadiola held for sale asset of $20m (which is lower than fair value less costs to sell) is included in the Continental Africa segment; it was previously disclosed as an investment in joint venture on the Statement of Financial Position.

Discontinued operations
The results of the South Africa disposal group for the year ended 31 December 2019 are presented below:
 US Dollars
Figures in millions2019
 2018
 2017
Revenue from product sales555
 608
 1,116
Cost of sales(479) (589) (1,129)
Gain (loss) on non-hedge derivatives and other commodity contracts

3
 3
 10
Gross profit (loss)79
 22
 (3)
Other expenses(44) (72) (97)
Derecognition of assets, impairments and profit on disposal of assets(3) (118) (256)
Impairment loss recognised on remeasurement to fair value less costs to sell(549) 
 (35)
Profit (loss) before taxation(517) (168) (391)
Normal taxation(23) 38
 (14)
Deferred tax on impairment loss, derecognition and profit on disposal of assets164
 47
 69
Profit (loss) from discontinued operations(376) (83) (336)


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




9     DISCONTINUED OPERATIONS AND ASSETS AND LIABILITIES HELD FOR SALE(continued)

The major classes of assets and liabilities of the South African disposal group as at 31 December 2019, are as follows:
US Dollars
Figures in millions2019
Tangible assets and right of use assets429
Other investments84
Inventories37
Trade, other receivables and other assets4
Deferred taxation15
Cash and cash restricted for use12
Assets held for sale581
Lease liabilities3
Environmental rehabilitation and other provisions211
Trade and other payables58
Liabilities held for sale272
Net assets held for sale309
Total assets held for sale include:
Sadiola20
South Africa581
601

The discontinued operations' net cash flows are reflected in the Statement of Cash Flows.

Impairment of South African assets

Following the classification of the South African disposal group as held for sale, an impairment of $549m (tangible assets of $495m and non-current inventories of $54m) and taxation on impairment of $164m (i.e. $385m, net of tax) was recognised to reduce the carrying amount of the assets in the disposal group to their fair value less costs to sell.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)





10    EMPLOYEE BENEFITS
 US Dollars
Figures in millions2019
 2018
 2017
Employee benefits including Executive Directors’ and Prescribed Officers’ salaries and other benefits680
 797
 1,024
Health care and medical scheme costs
    
- current medical expenses29
 39
 58
- defined benefit post-retirement medical expenses8
 9
 10
Pension and provident plan costs
    
- defined contribution29
 37
 53
Retrenchment costs7
 30
 92
Share-based payment expense (note 11)42
 35
 33
Included in cost of sales, other expenses (income) and corporate administration, marketing and other expenses of continuing and discontinued operations795

947

1,270



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

Figures in millionsCapital expenditure
US Dollars2017
 2016
 2015
South Africa150
 182
 206
Continental Africa(1)
409
 291
 315
Australasia153
 109
 78
Americas (1)
234
 225
 196
Other, including non-gold producing subsidiaries7
 4
 4
 953

811

799
Discontinued operations
 
 58
 953

811

857
Equity-accounted investments included above(123) (100) (131)
 830

711

726
11    SHARE-BASED PAYMENTS
 
Gold production (attributable)
(000oz)
 2017
 2016
 2015
South Africa903
 967
 1,004
Continental Africa1,453
 1,321
 1,435
Australasia559
 520
 560
Americas840
 820
 831
Continuing operations3,755

3,628

3,830
Discontinued operations
 
 117
 3,755

3,628

3,947
 US Dollars
Figures in millions2019
 2018
 2017
Equity-settled share incentive schemes     
Bonus Share Plan (BSP)6
 20
 26
Deferred Share Plan (DSP)13
 
 
Other2
 2
 
 21

22

26
Cash-settled share incentive scheme     
Cash-settled Long Term Incentive Plan (CSLTIP)21
 13
 7
Total share-based payment expense (note 10)42

35

33

Equity-settled incentive schemes

Equity schemes include the Bonus Share Plan (BSP), Deferred Share Plan (DSP), Long Term Incentive Plan (LTIP) and the Co-Investment Plan (CIP).

Bonus Share Plan (BSP)
Award date (unvested awards and awards vested during the year)2019 2018
 2017
Calculated fair value
 R119.14
 R152.87
Vesting date 50%
 22 Feb 2019
 1 Mar 2018
Vesting date 50%
 22 Feb 2020
 1 Mar 2019
Expiry date
 22 Feb 2028
 1 Mar 2027
 Number of shares
 2019
 2018
 2017
Awards outstanding at beginning of year4,557,919
 4,479,679
 4,198,285
Awards granted during the year
 2,492,584
 1,926,549
Awards lapsed during the year(109,065) (359,343) (218,601)
Awards exercised during the year(2,307,439) (2,055,001) (1,426,554)
Awards outstanding at end of year2,141,415
 4,557,919
 4,479,679
Awards exercisable at end of year1,207,936
 1,588,512
 1,904,021

Cash awards granted under the bonus share plan, outstanding at year end 31 December 2019 amount to 12,295 (2018: 33,046; 2017: 23,666) and an amount of 20,751 cash awards vested and are deemed settled for the year ended 31 December 2019 (2018: 15,209, 2017: 6,754)
Deferred Share Plan (DSP)
The Deferred Share Plan (DSP) was implemented with effect from 1 January 2018, with the first awards for the scheme allocated in March 2019. This represents a single scheme under which share awards will be allocated to certain employees from 2019 onwards, vesting equally over a period of 2, 3 and 5 years depending on the level of seniority of the participant.








NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

2    Segmental Information (continued)

Figures in millionsGold income
US Dollars2017
 2016
 2015
Geographical analysis of gold income by origin is as follows:     
South Africa1,101
 1,173
 1,132
Continental Africa(1)
1,895
 1,663
 1,724
Australasia709
 646
 666
Americas1,104
 1,036
 967
 4,809

4,518

4,489
Equity-accounted investments included above(453) (433) (474)
Continuing operations (note 3)4,356

4,085

4,015
Discontinued operations
 
 137
 4,356

4,085

4,152
Foreign countries included in the above and considered material are:     
Brazil705
 659
 641
Guinea489
 

 

Tanzania664
 591
 615
Geographical analysis of gold income by destination is as follows:     
South Africa1,659
 1,719
 2,499
North America456
 893
 658
Australia709
 645
 666
Asia
 
 195
Europe399
 377
 332
United Kingdom1,586
 884
 139
 4,809

4,518

4,489
Equity-accounted investments included above(453) (433) (474)
Continuing operations (note 3)4,356

4,085

4,015
Discontinued operations
 
 137
Continuing and discontinued operations4,356

4,085

4,152
Figures in millionsBy product revenue
US Dollars2017

2016

2015
South Africa15

23

38
Continental Africa(1)
3

4

3
Australasia2

2

2
Americas135

110

84

155

139

127
Equity-accounted investments included above(1) (1) 
Continuing operations154

138

127
Discontinued operations
 
 1

154

138

128



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS11    SHARE-BASED PAYMENTS (continued)

2    Segmental Information (continued)

Figures in millionsTotal cash costs
US Dollars2017
 2016
 2015
South Africa968
 857
 874
Continental Africa(1)
1,088
 976
 1,010
Australasia407
 404
 393
Americas547
 486
 492
Corporate and other(6) 
 (9)
 3,004

2,723

2,760
Equity-accounted investments included above(295) (288) (267)
Continuing operations2,709

2,435

2,493
Discontinued operations
 
 125
 2,709

2,435

2,618
Figures in millionsCost of sales
US Dollars2017

2016

2015
South Africa1,114

1,041

1,083
Continental Africa(1)
1,510

1,331

1,347
Australasia550

540

525
Americas (1)
851

752

719
Corporate and other(1)
(3)
5

(2)
 4,022

3,669

3,672
Equity-accounted investments included above(440) (406) (378)
Continuing operations3,582

3,263

3,294
Discontinued operations
 
 118
 3,582

3,263

3,412
Figures in millions
Gross profit (loss) (4)
US Dollars2017
 2016
 2015
South Africa(3) 149
 42
Continental Africa(1)
386
 334
 377
Australasia159
 106
 142
Americas(1)
253
 283
 247
Corporate and other(1)
2
 (4) 2
 797

868

810
Equity-accounted investments included above(13) (27) (96)
Continuing operations784

841

714
Discontinued operations
 
 19
 784

841

733



3    REVENUE
 US Dollars
Figures in millions2017
 2016
 2015
Revenue consists of the following principal categories:     
Gold income (note 2)4,356
 4,085
 4,015
By-products (note 2 and 4)154

138

127
Royalties received (note 6)18
 9
 4
Interest received (notes 31 and 35)15
 22
 28
 4,543
 4,254
 4,174


4    COST OF SALES
 US Dollars
Figures in millions2017
 2016
 2015
Cash operating costs2,728
 2,444
 2,493
By-products revenue (note 3)(154) (138) (127)
 2,574
 2,306
 2,366
Royalties116
 105
 100
Other cash costs19
 24
 27
Total cash costs2,709
 2,435
 2,493
Retrenchment costs6
 14
 11
Rehabilitation and other non-cash costs29
 43
 (10)
Amortisation of tangible assets (note 31 and note 35)817
 789
 737
Amortisation of intangible assets (note 31 and note 35)6
 20
 40
Inventory change15
 (38) 23
 3,582
 3,263
 3,294
5    OTHER OPERATING EXPENSES
 US Dollars
Figures in millions2017
 2016
 2015
Care and maintenance costs (note 35)62
 70
 67
Pension and medical defined benefit provisions9
 25
 18
Governmental fiscal claims and care and maintenance of old tailings operations14
 14
 7
Other3
 1
 4
 88

110

96
6    SPECIAL ITEMS

US Dollars
Figures in millions2017

2016

2015
Impairment and derecognition of assets(1)
297
 3
 20
Impairment of other investments3
 
 
Retrenchment and related costs(2)
88
 1
 4
Legal fees (recoveries) and other costs related to contract terminations and settlement costs(3)
71
 11
 (1)
Write-down of inventories3
 12
 11
Net (profit) loss on disposal of assets(8) (4) (1)
Royalties received (note 3)(18) (9) (4)
Indirect tax expense (recoveries)2
 (2) (20)
Repurchase premium and cost on settlement of debt facilities
 30
 61
Other
 
 1
 438
 42
 71
(1) Impairments and derecognitions include tangible assets $253m, intangible assets $9m and held for sale assets $35m.
(2) Includes retrenchment costs incurred on the restructuring of South African operations which was announced during June 2017.
(3) Includes provision for silicosis class action settlement. For details refer note 26.




7    FINANCE COSTS AND UNWINDING OF OBLIGATIONS
 US Dollars
Figures in millions2017
 2016
 2015
Finance costs     
Finance costs on bonds, corporate notes, bank loans and other132
 148
 215
Amortisation of fees4
 4
 5
Finance lease charges6
 6
 3
 142

158

223
Unwinding of obligations27
 22
 22
Total finance costs, unwinding of obligations and other discounts
(note 31 and 35)
169

180

245
8    SHARE OF ASSOCIATES AND JOINT VENTURES' PROFIT (LOSS)
 US Dollars
Figures in millions2017
 2016
 2015
Revenue453
 441
 489
Operating costs, special items and other expenses(470) (446) (415)
Net interest received1
 3
 7
Profit (loss) before taxation(16)
(2)
81
Taxation23
 7
 (17)
Profit (loss) after taxation7

5

64
(Impairment) impairment reversal of investments in associates13
 (5) 12
Impairment reversal of investments in joint ventures (note 17)2
 11
 12
Share of associates and joint ventures’ profit (loss) (note 31)22

11

88
9    EMPLOYEE BENEFITS
 US Dollars
Figures in millions2017
 2016
 2015
Employee benefits including Executive Directors’ and Prescribed Officers’ salaries and other benefits1,024
 918
 971
Health care and medical scheme costs     
- current medical expenses58
 51
 54
- defined benefit post-retirement medical expenses10
 10
 10
Pension and provident plan costs     
- defined contribution53
 48
 49
- defined benefit pension plans
 15
 14
Retrenchment costs92
 16
 15
Share-based payment expense (note 10)33
 37
 33
Included in cost of sales, other operating expenses, special items and corporate administration, marketing and other expenses1,270

1,095

1,146



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

10    Share-based payments


 US Dollars
Figures in millions2017
 2016
 2015
Equity-settled share incentive schemes     
Bonus Share Plan (BSP)26
 26
 22
Long Term Incentive Plan (LTIP)(1) 7
 11
Other1
 1
 
 26

34

33
Cash-settled share incentive scheme     
Cash-settled Long Term Incentive Plan (CSLTIP)7
 3
 
Total share-based payment expense (note 9)33

37

33

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

10    Share-based payments (continued)


Equity-settled incentive schemes

Equity schemes include the Bonus Share Plan (BSP), Long Term Incentive Plan (LTIP), Share Retention Bonus Scheme (RB) and the Co-Investment Plan (CIP). There were no additional schemes introduced during 2017 and no changes to rules or practices in the existing schemes.

Bonus Share Plan (BSP) (continued)
Award date (unvested awards and awards vested during the year)2017
 2016
 2015
Calculated fair valueR152.87
 R229.22
 R130.87
Vesting date 50%1 Mar 2018
 1 Mar 2017
 3 Mar 2016
Vesting date 50%1Mar 2019
 1 Mar 2018
 3 Mar 2017
Expiry date1 Mar 2027
 1 Mar 2026
 3 Mar 2025
Award date (unvested awards and awards vested during the year)2019
Calculated fair valueR204.42
DSP 2 year
Vesting date 50%21 Feb 2020
Vesting date 50%21 Feb 2021
DSP 3 year
Vesting date 33%21 Feb 2020
Vesting date 33%21 Feb 2021
Vesting date 34%21 Feb 2022
DSP 5 year
Vesting date 20%21 Feb 2020
Vesting date 20%21 Feb 2021
Vesting date 20%21 Feb 2022
Vesting date 20%21 Feb 2023
Vesting date 20%21 Feb 2024
Expiry date21 Feb 2029
 Number of shares
 2017
 2016
 2015
Awards outstanding at beginning of year4,198,285
 4,708,799
 3,305,515
Awards granted during the year1,926,549
 2,103,767
 2,562,313
Awards lapsed during the year(218,601) (204,374) (165,006)
Awards exercised during the year(1,426,554) (2,409,907) (994,023)
Awards outstanding at end of year4,479,679
 4,198,285
 4,708,799
Awards exercisable at end of year1,904,021
 1,170,849
 1,687,096
Number of shares
2019
Awards outstanding at beginning of year

Awards granted during the year

1,669,191
Awards lapsed during the year(55,208)
Awards exercised during the year(14,623)
Awards outstanding at end of year1,599,360

Long Term Incentive Plan (LTIP)
Award date (unvested awards and awards vested during the year)    2015
Calculated fair value
 
 R129.94
Vesting date    3 Mar 2018
Expiry date    3 Mar 2025
Number of sharesNumber of shares
2017
 2016
 2015
2019
 2018
 2017
Awards outstanding at beginning of year4,363,330
 6,028,193
 3,964,362
447,842
 2,466,357
 4,363,330
Awards granted during the year
 
 3,120,555
Awards lapsed during the year(1,512,857) (1,160,023) (830,356)
 (1,186,330) (1,512,857)
Awards exercised during the year(384,116) (504,840) (226,368)(218,203) (832,185) (384,116)
Awards outstanding at end of year2,466,357
 4,363,330
 6,028,193
229,639
 447,842
 2,466,357
Awards exercisable at end of year455,914
 320,169
 445,781
229,639
 447,842
 455,914

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

10    Share-based payments11    SHARE-BASED PAYMENTS (continued)


Equity-settled incentive schemes (continued)

Share Retention Bonus Scheme (RB)

Award date (unvested awards and awards vested during the year)2013
Calculated fair valueR226.46
Vesting dateAug 2014
Expiry dateAug 2017

Awards outstanding at 31 December 2017 amounted to 51,853 shares (2016: 72,038 and 2015:115,736 shares) and an amount of 20,185 shares (2016: 43,698 and 2015: 34,564 shares) were exercised during the year.

Co-Investment Plan (CIP)
Number of sharesNumber of shares
2017
 2016
 2015
2019
 2018
 2017
Awards outstanding at beginning of year97,651
 145,040
 56,703
112,578
 95,378
 97,651
Awards granted during the year112,105
 47,590
 125,050

 80,809
 112,105
Awards lapsed during the year(62,775) (18,570) (6,426)(16,500) (11,633) (62,775)
Awards exercised during the year(51,603) (76,409) (30,287)
Awards matched during the year(72,151) (51,976) (51,603)
Awards outstanding at end of year95,378
 97,651
 145,040
23,927
 112,578
 95,378

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

10    Share-based payments (continued)



Cash-Settled Long Term Incentive Plan (CSLTIP)

There were no changes to rules or practices within the CSLTIP scheme.scheme, and no awards during 2018 and 2019.
Award date (unvested awards and awards vested during the year)    
2017
 2016
 2017 2016
Closing share price at 30 December:R128.62
 R152.58
Vesting date1 March 2020
 1 March 2019

1 March 2020 1 March 2019
Number of unitsNumber of units
2017
2016
2019
2018
2017
Share units outstanding at beginning of year(1)
2,464,630
30,163
3,815,761
4,469,618
2,464,630
Share units granted during the year2,572,437
2,537,000


2,572,437
Share units lapsed during the year(507,597)(100,490)(1,305,761)(611,265)(507,597)
Share units exercised during the year(59,852)(2,043)(1,029,438)(42,592)(59,852)
Share units outstanding at end of year4,469,618
2,464,630
1,480,562
3,815,761
4,469,618

(1) Amounts include Long TermThe closing share units awarded to two employees during 2015 and 2017.

price at 31 December 2019 is R316.50 (2018: R181.75; 2017: R128.62).

11    TAXATION
Figures in millionsUS Dollars
 2017
 2016
 2015
South African taxation     
Non-mining tax1
 1
 1
Prior year (over) under provision
 (3) (14)
Deferred taxation     
Impairment and disposal of tangible assets(72) 
 (1)
Other temporary differences(62) 12
 (43)
Prior year under provision15
 25
 
Change in estimated deferred tax rate31
 
 (15)
 (87)
35

(72)
Foreign taxation     
Normal taxation201
 246
 214
Prior year over provision(26) (10) (9)
Deferred taxation     
Temporary differences20
 (65) 73
Prior year (over) under provision2
 (17) 5
Change in statutory tax rate

(2) 
 
 195

154

283
 108

189

211
Tax rate reconciliation     
A reconciliation of the effective tax rate in the income statement to the prevailing estimated South African corporate tax rate is set out in the following table:     
 %
 %
 %
Effective tax rate(172) 70
 82
Disallowable items     
Derivative and other commodity contracts losses and fair value gains
 1
 7
Exploration, corporate and other disallowable expenses44
 (12) (23)
Share of associates and joint ventures’ profit (loss)(10) 1
 10
Foreign income tax allowances and rate differentials47
 (18) (16)
Exchange variation and translation adjustments10
 8
 (24)
Non-tax effective income (loss)69
 (26) (25)
Effect of temporary differences not recognised for deferred tax assets26
 
 
Capital allowances
 2
 4
Change in estimated deferred tax rate31
 
 6
Change in statutory tax rate(4) 
 
Prior year over provision(13) 2
 7
Estimated corporate tax rate28

28

28

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




12    TAXATION
Figures in millionsUS Dollars
 2019
 2018
 2017
South African taxation     
Normal taxation
 
 1
Prior year (over) under provision
 (2) 
Deferred taxation     
Other temporary differences(18) (27) (42)
Change in estimated deferred tax rate(14) 7
 10
 (32)
(22)
(31)
Foreign taxation     
Normal taxation299
 243
 201
Prior year (over) under provision(1) 1
 (26)
Deferred taxation     
Temporary differences(28) (6) 19
Prior year (over) under provision1
 4
 2
Change in estimate9
 (7) 
Change in statutory tax rate2
 (1) (2)
 282
 234
 194
 250
 212
 163
      

11    TaxationReconciliation to South African statutory rate
Figures in millionsUS Dollars
Reconciliation to South African statutory rate2019
 2018
 2017
      
Implied tax charge at 28%173

125

92
Increase (decrease) due to: 
   
Expenses not tax deductible(1)
28
 28
 25
Share of associates and joint ventures' (profit) loss(47) (34) (6)
Tax rate differentials(2)
39
 25
 29
Exchange variations, translation and accounting adjustments11
 24
 6
Current year tax losses not recognised (recognised) in deferred tax assets:     
Obuasi mine14
 13
 18
AngloGold Ashanti Holdings plc(3)
29
 36
 
   North America6
 6
 
Tax exempt entities:
 
 
AngloGold Ashanti Holdings plc(3)

 
 31
Other(2) (1) 
Change in planned utilisation of deferred tax assets and impact of estimated deferred tax rate change(5) 
 10
Tax effect of retained SA items

3
 (10) (13)
Tax allowances(1) (2) (3)
Impact of statutory tax rate change2
 (1) (2)
Adjustment in respect of prior years
 3
 (24)
Income tax expense250
 212
 163
(1) Includes corporate and other costs, transfer pricing and British Virgin Isle group losses.
(2) Due to different tax rates in various jurisdictions.
(3) During 2018, AngloGold Ashanti Holdings plc changed its tax jurisdiction from the Isle of Man (taxed at 0% in 2017) to the United Kingdom (taxed at 19% in 2018 and 19% in 2019).


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


12    TAXATION (continued)
Tax rates
 2017
 2016
 2015
South Africa




Mining tax rate – maximum statutory rate(1)
34%
34% 34%
Non-mining tax28%
28% 28%
Foreign operations include:     
Argentina30%
30% 30%
Australia30%
30% 30%
Brazil34%
34% 34%
Ghana30% 30% 30%
Guinea30%
30% 30%
Tanzania30%
30% 30%
(1)
The formula for determining the South African mining tax rate is:
Y = 34 - 170/X
where Y is the percentage rate of tax payable and X is the ratio of mining profit net of any redeemable capital expenditure to mining revenue expressed as a percentage.
Figures in millionsUS DollarsUS Dollars

2017

2016

2015
2019

2018

2017
Analysis of unrecognised deferred tax assets









Available to be utilised against future profits




Tax losses available to be utilised against future profits




- utilisation required within one year
 48
 
- utilisation required between one and two years48
 
 
85
 187
 48
- utilisation required between two and five years333

321
 237
356
 300
 333
- utilisation required between five and twenty years1,210
 1,185
 1,184
973
 1,229
 1,210
- utilisation in excess of twenty years1
 1
 
73
 26
 1

1,592

1,507

1,421
1,487
 1,790
 1,592
At the statutory tax rates the unrecognised value of deferred tax assets are: $470m (2016: $477m; 2015: $452m)$389m (2018: $501m; 2017: $470m), mainly relating to tax losses incurred in the United Kingdom, North America, Ghana and Colombia.

Income tax uncertainties

AngloGold Ashanti operates in numerous countries around the world and accordingly is subject to, and pays annual income taxes under, the various income tax regimes in the countries in which it operates. Some of these tax regimes are defined by contractual agreements with local government, and others are defined by the general corporate income tax laws of the country. The group has historically filed, and continues to file, all required income tax returns and to pay the taxes reasonably determined to be due. In some jurisdictions, tax authorities are yet to complete their assessments for previous years. The tax rules and regulations in many countries are highly complex and subject to interpretation. From time to time, the group is subject to a review of its historic income tax filings and in connection with such reviews, disputes can arise with the tax authorities over the interpretation or application of certain rules in respect of the group’s business conducted within the country involved. Significant judgement is required in determining the worldwide provisions for income taxes due to the complexity of legislation.There are many transactions and calculations for which the ultimate tax determination is uncertain during the ordinary course of business.

The IFRS Interpretations Committee issued IFRIC23, which clarifies how the recognition and measurement requirements of income taxes are applied where there is uncertainty over income tax treatments. IFRIC 23 was adopted by the group on 1 January 2019.

Irrespective of whether potential economic outflows of matters have been assessed as probable or possible, individually significant matters are included below, to the extent that disclosure does not prejudice the group.

Argentina - Cerro Vanguardia SA
The Argentina Tax Authority has challenged the deduction of certain hedge losses, with tax and penalties amounting to $10m (2018: $14m; 2017: $27m). Management has appealed this matter which has been heard by the Tax Court, with final evidence submitted in 2017. The matter is pending and judgement is expected in the next 24 months. Management is of the opinion that the hedge losses were claimed correctly and no provision has therefore been made.

Brazil - AGA Mineração and Serra Grande
The Brazil Tax Authority has challenged various aspects of the Companies’ tax returns for periods from 2003 to 2016 which individually and in aggregate are not considered to be material. Based on the engagement with the Tax Authority, certain amounts have been allowed and assessments reduced, whilst objections have been lodged against the remainder of the findings. In December 2019, Serra Grande received a tax assessment of approximately $25m relating to the amortisation of goodwill on the acquisition of mining interests, which is permitted as a tax deduction when the acquirer is a domiciled entity. Management is of the opinion that the Tax Authority is unlikely to succeed in this matter. This is supported by external legal advice and therefore no provision has been made.

Colombia - La Colosa and Gramalote
The tax treatment of exploration expenditure has been investigated by the Colombian Tax Authority which resulted in claims for taxes and penalties of $88m(1) (2018: $144m; 2017: $150m) pertaining to the 2010 to 2014 tax years.

These assessments were appealed in 2016 (in the case of La Colosa) and resulted in an adverse judgement on 22 October 2018, in the Administrative Court of Cundinamarca. An appeal was lodged and all arguments submitted to the Council of State on 21 August 2018, with an expected judgement in the next 12 to 18 months. The deduction of exploration costs is prohibited from 2017 onwards following a change in legislation. Subsequent to this date, exploration costs have been treated in accordance with the amended legislation. In July 2019, the Supreme Administrative Court issued a ruling that duplicate penalties may not be charged. The impact of the ruling is that certain penalties will be waived, which reduces the overall exposure by $76m. The matter is pending and may take two to four years to be resolved. Management is of the opinion that the Colombian Tax Authority is unlikely to succeed in this matter and therefore no provision is made.

(1) Includes reduction of overall exposure by $76m as described above.

Guinea - Siguiri
The Guinea Tax Authority has challenged various aspects of the Companies’ tax returns for periods of 2010, and 2014 to 2016 totalling $12m (attr.) (2018: $8m (attr.);2017: $8m (attr.)). Management has objected to these assessments but has provided for a portion of the total claims amounting to $2m (attr.) (2018: $2m (attr.); 2017: $2m(attr.)

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

12    TAXATION (continued)

Mali - Sadiola, Yatela, Morila
The Mali Tax Authority has challenged various aspects of the Companies’ tax returns for periods of 2012 to 2018 totalling $26m (attr.) (2018: $16m (attr.); 2017: $16m(attr.)). This includes an assessment of $10m (attr.) received in late December 2019. Management has objected to these assessments and is of the opinion that the Tax Authority is unlikely to succeed in this matter and therefore no provision has been made.

Tanzania - Geita Gold Mine
The Tanzania Revenue Authority has raised audit findings on various tax matters for years from 2009 to 2018 amounting to $164m (2018: $163m; 2017: $113m). Management has objected and appealed through various levels of the legislative processes and has provided for a portion of the total claims amounting to $2m (2018: $2m; 2017: $2m). Management is of the opinion that for the remainder of the claims the Tax Authority is unlikely to succeed and therefore no provision has been made.

In addition to the above, it should be noted that amendments passed to legislation in 2017 amended the 2010 Mining Act and new Finance Act. Effective from 1 July 2017, the gold mining royalty rate increased to 6% (from 4%) and further a 1% clearing fee on the value of all minerals exported was imposed. The group has been paying the higher royalty and clearing fees since this date, under protest and is of the view that this is in contravention of its Mining Development Agreement.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

1213    EARNINGS (LOSS) PER ORDINARY SHARE
2017
 2016
 2015
2019
 2018
 2017
US cents per shareUS cents per share
Basic earnings (loss) per ordinary share(46) 15
 (20)(3) 32
 (46)
- Continuing operations(46) 15
 8
87
 52
 35
The calculation of basic earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of ($191m) (2016: $63m; 2015: $31m) and 415,440,077 (2016: 412,585,042; 2015: 409,606,858) shares being the weighted average number of ordinary shares in issue during the financial year.     
The calculation of basic earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of $364m (2018: $216m; 2017: $145m) and 418,349,777 (2018: 417,122,155; 2017: 415,440,077) shares being the weighted average number of ordinary shares in issue during the financial year.     
- Discontinued operations
 
 (28)(90) (20) (81)
The calculation of basic earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of nil (2016: nil; 2015: ($116m)) and 415,440,077 (2016: 412,585,042; 2015: 409,606,858) shares being the weighted average number of ordinary shares in issue during the financial year.     
The calculation of basic earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of ($376m) (2018: ($83m); 2017: ($336m)) and 418,349,777 (2018: 417,122,155; 2017: 415,440,077) shares being the weighted average number of ordinary shares in issue during the financial year.     
          
Diluted earnings (loss) per ordinary share(46) 15
 (20)(3) 32
 (46)
- Continuing operations(46) 15
 8
87
 52
 35
The calculation of diluted earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of ($191m) (2016: $63m; 2015: $31m) and 415,440,077 (2016: 414,706,400; 2015: 411,371,341) shares being the diluted number of ordinary shares.     
The calculation of diluted earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of $364m (2018: $216m; 2017: $145m)and 418,349,777 (2018: 417,379,405; 2017: 415,440,077) shares being the diluted number of ordinary shares.     
- Discontinued operations
 
 (28)(90) (20) (81)
The calculation of diluted earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of nil (2016: nil; 2015: $(116m)) and 415,440,077 (2016: 414,706,400; 2015: 409,606,858) shares being the diluted number of ordinary shares.     
The calculation of diluted earnings (loss) per ordinary share is based on profits (losses) attributable to equity shareholders of ($376m) (2018: ($83m); 2017: ($336m)) and 418,349,777 (2018: 417,379,405; 2017: 415,440,077) shares being the diluted number of ordinary shares.     

In calculating the basic and diluted number of ordinary shares outstanding for the year, the following were taken into consideration:
 Number of shares
 2017
 2016
 2015
Ordinary shares409,265,471
 407,519,542
 404,747,625
Fully vested options and currently exercisable(1)
6,174,606
 5,065,500
 4,859,233
Weighted average number of shares415,440,077
 412,585,042
 409,606,858
Dilutive potential of share options
 2,121,358
 
Fully diluted number of ordinary shares415,440,077
 414,706,400
 409,606,858
Figures in millionsUS Dollars
In calculating the diluted earnings (loss) attributable to equity shareholders, the following were taken into consideration:     
Profit (loss) attributable to equity shareholders(191) 63
 (85)
 Number of shares
 2019
 2018
 2017
Ordinary shares414,407,622
 411,412,947
 409,265,471
Fully vested options and currently exercisable(1)
3,942,155
 5,709,208
 6,174,606
Weighted average number of shares418,349,777
 417,122,155
 415,440,077
Dilutive potential of share options(2)

 257,250
 
Fully diluted number of ordinary shares418,349,777
 417,379,405
 415,440,077
(1) 
Employee compensation awards are included in basic earnings per share from the date that all necessary conditions have been satisfied and it is virtually certain that shares will be issued as a result of employees exercising their options.
(2)
The number of share options that could potentially dilute basic earnings in the future but were not included as the effect was anti-dilutive were 517,186 (2018: nil; 2017:576,426)
 US Dollars
Figures in millions2019
 2018
 2017
Headline earnings (loss)     
The profit (loss) attributable to equity shareholders was adjusted by the following to arrive at headline earnings (loss):     
Profit (loss) attributable to equity shareholders From continuing and discontinued operations(12) 133
 (191)
Net impairment (impairment reversal) and derecognition of assets559
 102
 298
Net (profit) loss on disposal of assets(3) 32
 (8)
Taxation thereon(165) (47) (72)
 379
 220
 27



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

12.    Earnings (loss) per ordinary share (continued)


 US Dollars
Figures in millions2017
 2016
 2015
Headline earnings (loss)     
The profit (loss) attributable to equity shareholders was adjusted by the following to arrive at headline earnings (loss):     
Profit (loss) attributable to equity shareholders from continuing and discontinued operations(191) 63
 (85)
Net impairment (impairment reversal) and derecognition of assets298
 (16) 2
Net (profit) loss on disposal of assets(8) 4
 9
Special items of associates and joint ventures
 
 3
Exchange loss on foreign currency translation reserve release
 60
 
Taxation on items above(72) 
 (2)
 27
 111
 (73)
 US Cents
Basic headline earnings (loss) per share     
The calculation of basic headline earnings (loss) per ordinary share is based on basic headline earnings (losses) of $27m (2016: $111m; 2015: ($73m)) and 415,440,077 (2016: 412,585,042; 2015: 409,606,858) shares being the weighted average number of ordinary shares in issue during the year.6
 27
 (18)
Diluted headline earnings (loss) per share     
The calculation of diluted headline earnings (loss) per ordinary share is based on diluted headline earnings (losses) of $27m (2016: $111m; 2015: ($73m)) and 415,440,077 (2016: 414,706,400; 2015: 409,606,858) shares being the weighted average number of ordinary shares in issue during the year.6
 27
 (18)


13.13    EARNINGS (LOSS) PER ORDINARY SHARE (continued)
 US Cents
Basic headline earnings (loss) per share     
The calculation of basic headline earnings (loss) per ordinary share is based on basic headline earnings (losses) of $379m (2018: $220m; 2017: $27m) and 418,349,777 (2018: 417,122,155; 2017: 415,440,077) shares being the weighted average number of ordinary shares in issue during the year.91
 53
 6
Diluted headline earnings (loss) per share     
The calculation of diluted headline earnings (loss) per ordinary share is based on diluted headline earnings (losses) of $379m (2018: $220m; 2017: $27m) and 418,349,777 (2018: 417,379,405; 2017: 415,440,077) shares being the weighted average number of ordinary shares in issue during the year.91
 53
 6
14    DIVIDENDS
 US Dollars US Dollars
Figures in million 2017
 2016
 2015
 2019
 2018
 2017
Ordinary shares            
Dividend number 118 of 130 SA cents per share was declared on 21 February 2017 and paid on 7 April 2017. (10 US cents per share) 39
 
 
Dividend number 118 of 130 SA cents per share was declared on 21 February 2017 and paid on 7 April 2017 (10 US cents per share)     39
Dividend number 119 of 70 SA cents per share was declared on 20 February 2018 and paid on 6 April 2018 (6 US cents per share).   24
  
Dividend number 120 of 95 SA cents per share was declared on 19 February 2019 and paid on 8 April 2019 (7 US cents per share). 27
    
 39
 
 
 27
 24
 39


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

1415    TANGIBLE ASSETS
Figures in millions
Mine
development
costs

 
Mine
infra-
structure(2)

 
Mineral
rights
and
dumps

 
Exploration
and
evaluation
assets

 
Assets
under
construction

 
Land and
buildings(3)(4)

 Total
Mine
development
costs

 
Mine
infra-
structure(2)

 
Mineral
rights
and
dumps

 
Exploration
and
evaluation
assets

 
Assets
under
construction

 
Land and
buildings(3)(4)

 Total
US Dollars                          
                          
Cost                          
Balance at 1 January 20157,238
 5,369
 958
 35
 757
 88
 14,445
Balance at 1 January 20175,943
 4,576
 919
 5
 450
 82
 11,975
Additions            
            
- project capital19
 1
 
 
 102
 6
 128
28
 3
 
 
 125
 
 156
- stay-in-business capital345
 57
 
 
 158
 1
 561
371
 37
 
 
 257
 
 665
- capitalised leased assets
 62
 
 
 
 
 62
Disposals(113) (772) (25) (29) (291) (7) (1,237)(1) (20) 
 
 
 
 (21)
Transfers and other movements(1)
(497) (4) 
 (1) (298) (1) (801)(168) (21) (27) 
 (291) 1
 (506)
Transfer to assets and liabilities held for sale(785) (281) (7) 
 (72) (3) (1,148)
Translation(710) (281) (19) 
 (72) (9) (1,091)174
 88
 7
 
 21
 3
 293
Balance at 31 December 20156,282

4,432

914

5

356

78

12,067
Balance at 31 December 20175,562

4,382

892

5

490

83

11,414
                          
Accumulated amortisation and impairments                          
Balance at 1 January 20155,045
 3,515
 893
 32
 79
 18
 9,582
Balance at 1 January 20174,163
 2,792
 868
 3
 26
 12
 7,864
Amortisation for the year475
 257
 6
 1
 
 1
 740
553
 272
 3
 
 
 1
 829
Impairment and derecognition of assets4
 1
 
 
 
 
 5
Impairment and derecognition of
assets (5)
182
 62
 8
 
 1
 
 253
Disposals(113) (727) (25) (29) (49) (6) (949)(1) (20) 
 
 
 
 (21)
Transfers and other movements(1)
(458) (346) 
 (1) (1) 
 (806)(326) (163) (27) 
 
 
 (516)
Transfer to assets and liabilities held for sale(685) (169) (4) 
 (1) 
 (859)
Translation(465) (82) (12) (1) 
 (3) (563)93
 22
 5
 
 
 2
 122
Balance at 31 December 20154,488

2,618

862

2

29

10

8,009
Net book value at 31 December 20151,794

1,814

52

3

327

68

4,058
             
Cost             
Balance at 1 January 20166,282
 4,432
 914
 5
 356
 78
 12,067
Additions            
- project capital25
 4
 
 
 64
 
 93
- stay-in-business capital363
 54
 1
 
 192
 1
 611
- capitalised leased assets
 2
 
 
 
 
 2
Disposals(45) (46) 
 
 
 
 (91)
Transfers and other movements(1)
(884) 25
 
 
 (190) 
 (1,049)
Translation202
 105
 4
 
 28
 3
 342
Balance at 31 December 20165,943

4,576

919

5

450

82

11,975
             
Accumulated amortisation and impairments             
Balance at 1 January 20164,488
 2,618
 862
 2
 29
 10
 8,009
Amortisation for the year546
 254
 4
 1
 
 1
 806
Impairment and derecognition of assets1
 2
 
 
 
 
 3
Disposals(43) (43) 
 
 
 
 (86)
Transfers and other movements(1)
(964) (70) 
 
 (3) 
 (1,037)
Translation135
 31
 2
 
 
 1
 169
Balance at 31 December 20164,163

2,792

868

3

26

12

7,864
Net book value at 31 December 20161,780

1,784

51

2

424

70

4,111
             
             

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

14.    Tangible assets15    TANGIBLE ASSETS (continued)



Figures in millions
Mine
development
costs

 
Mine
infra-
structure(2)

 
Mineral
rights
and
dumps

 
Exploration
and
evaluation
assets

 
Assets
under
construction

 
Land and
buildings(3)(4)

 Total
Mine
development
costs

 
Mine
infra-
structure(2)

 
Mineral
rights
and
dumps

 
Exploration
and
evaluation
assets

 
Assets
under
construction

 
Land and
buildings(3)(4)

 Total
Balance at 31 December 20173,979

2,796

853

3

26

15

7,672
Net book value at 31 December 20171,583

1,586

39

2

464

68

3,742
             
Cost                          
Balance at 1 January 20175,943
 4,576
 919
 5
 450
 82
 11,975
Balance at 1 January 20185,562
 4,382
 892
 5
 490
 83
 11,414
Additions            
            
- project capital28
 3
 
 
 125
 
 156
2
 
 
 
 175
 
 177
- stay-in-business capital371
 37
 
 
 257
 
 665
294
 20
 3
 
 149
 1
 467
Disposals(1) (20) 
 
 
 
 (21)(5) (30) 
 (1) 
 (3) (39)
Transfers and other movements(1)
(168) (21) (27) 
 (291) 1
 (506)60
 (41) 
 
 (270) 1
 (250)
Transfer to non-current assets and liabilities held for sale

(785) (281) (7) 
 (72) (3) (1,148)
Translation174
 88
 7
 
 21
 3
 293
(239) (119) (7) 
 (32) (5) (402)
Balance at 31 December 20175,562

4,382

892

5

490

83

11,414
Balance at 31 December 20185,674

4,212

888

4

512

77

11,367
                          
Accumulated amortisation and impairments                          
Balance at 1 January 20174,163
 2,792
 868
 3
 26
 12
 7,864
Balance at 1 January 20183,979
 2,796
 853
 3
 26
 15
 7,672
Amortisation for the year553
 272
 3
 
 
 1
 829
397
 233
 2
 1
 
 1
 634
Impairment and derecognition of assets(5)
182
 62
 8
 
 1
 
 253

 104
 
 
 
 
 104
Disposals(1) (20) 
 
 
 
 (21)(5) (27) 
 (1) 
 (2) (35)
Transfers and other movements(1)
(326) (163) (27) 
 
 
 (516)(52) (153) 
 
 
 
 (205)
Transfer to non-current assets and liabilities held for sale(685) (169) (4) 
 (1) 
 (859)
Translation93
 22
 5
 
 
 2
 122
(135) (42) (6) 
 1
 (2) (184)
Balance at 31 December 20173,979

2,796

853

3

26

15

7,672
Net book value at 31 December 20171,583

1,586

39

2

464

68

3,742
Balance at 31 December 20184,184

2,911

849

3

27

12

7,986
Net book value at 31 December 20181,490

1,301

39

1

485

65

3,381
             
             
Cost             
Balance at 1 January 20195,674
 4,212
 888
 4
 512
 77
 11,367
Additions            
- project capital43
 
 
 1
 281
 14
 339
- stay-in-business capital208
 25
 1
 2
 188
 
 424
Finance costs capitalised
 
 
 
 6
 
 6
Disposals(1) (16) 
 
 
 
 (17)
Transfers and other movements(1)
(259) 219
 1
 
 (489) (16) (544)
Transfer to assets and liabilities held for sale(660) (663) (9) 
 (90) (9) (1,431)
Translation(4) (1) 
 
 (3) 
 (8)
Balance at 31 December 20195,001
 3,776
 881
 7
 405
 66
 10,136
             
Accumulated amortisation and impairments             
Balance at 1 January 20194,184
 2,911
 849
 3
 27
 12
 7,986
Amortisation for the year392
 215
 1
 1
 
 
 609
Impairment and derecognition of assets(5)
243
 172
 
 
 90
 
 505
Disposals(1) (15) 
 
 
 
 (16)
Transfers and other movements(1)
(455) (53) 1
 
 (3) (12) (522)
Transfer to assets and liabilities held for sale(488) (422) (5) 
 (88) 
 (1,003)
Translation(9) (5) 
 
 (1) 
 (15)
Balance at 31 December 20193,866
 2,803
 846
 4
 25
 
 7,544
Net book value at 31 December 20191,135
 973
 35
 3
 380
 66
 2,592

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

15    TANGIBLE ASSETS (continued)



(1) 
Transfers and other movements include amounts from deferred stripping, change in estimates of decommissioning assets, asset reclassifications and derecognition of assets with a carrying value of nil.assets.
(2) 
Included in the amounts for mine infrastructure are assets held under finance leases with a net book value of $56m (2016: $58m; 2015: $61m)nil (2018: $45m; 2017: $56m).
(3) 
Included in the amounts for land and buildings are assets held under finance leases with a net book value of $6m (2016: $7m; 2015: $7m)nil (2018: $3m; 2017: $6m).
(4) 
Assets of $11m (2016: $12m; 2015: $8m)$9m (2018: $10m; 2017: $11m) have been pledged as security.
(5) 
Impairment and derecognition of assets include the following:is assessed as follows:

Impairment calculation assumptions as at 31 December 20172019 - goodwill, tangible and intangible assets
Management assumptions for the value in use of tangible assets and goodwill include:
the gold price assumption represents management’s best estimate of the future price of gold. A long-term real gold price of $1,240/$1,300/oz (2016: $1,212/(2018: $1,239/oz) is based on a range of economic and market conditions that will exist over the remaining useful life of the assets.
Annual life of mine plans take into account the following:
proved and probable Ore Reserve;
value beyond proved and probable reserves (including exploration potential) determined using the gold price assumption referred to above;
inIn determining the impairment for each cash generating unit, the real pre-tax rate was derived from the weighted average cost of capital (WACC) using the Capital Asset Pricing Model ("CAPM")(CAPM) to determine the required return on equity with risk factors consistent with the basis used in 2016.2018. At 31 December 2017,2019, the derived group WACC was 7.50%8.1% (real post-tax) which is 20 basis points higherlower than in 20162018 of 7.30%8.3%, and is based on the industry average capital structure of the major gold companies considered to be appropriate peers. In determining the WACC for each cash generating unit, sovereign and mining risk factors are considered to determine country specific risks. In certain instances, a specific risk premium was added to large projects being undertaken or the turnaround nature of a specific mine to address uncertainties in the forecast of the cash flows;
foreign currency cash flows translated at estimated forward exchange rates and then discounted using appropriate discount rates for that currency;
cash flows used in impairment calculations are based on life of mine plans which range from 2 years1 year to 4239 years; and
variable operating cash flows are increased at local Consumer Price Index rates.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

14.    Tangible assets (continued)

Impairments and derecognitions of tangible assets

For the year ended 31 December, 2017, the following impairments and derecognitions of tangible assets were recognised:
Figures in millionsUS Dollars
TauTona

79
Kopanang35
Surface Operations9
Moab Khotsong112
Mponeng2
First Uranium13
Other3
253
Figures in millions - US Dollars
2019 (1)

2018
2017
First Uranium - Mine Waste Solutions89
93
13
TauTona

79
Kopanang

35
Surface Operations18
1
9
Moab Khotsong

112
Mponeng384
4
2
Covalent11


Obuasi
5

Siguiri2


AGA Mineração

1


Other
1
3
 505
104
253

(1) Includes impairment of the South African asset disposal group, measured at fair value less costs to sell and disclosed in Discontinued operations. Refer to note 9.

Impairment of cash generating units

The group reviews and tests the carrying value of its mining assets when events or changes in circumstances suggest that the carrying amount may not be recoverable.

During June 2017, due to a change in mine plans to restructure the South African operations, Kopanang mine, TauTona mine including Savuka section and the West Gold Plant section of the Surface operations in South Africa were fully impaired as they were not expected to generate future economic benefits.

On 19 October 2017,12 February 2020, AngloGold Ashanti announced the sale of variousits remaining South African producing assets in the Vaal River Region including the Moab Khotsong Mine and related assets (Moab)liabilities to Harmony Gold Mining Company Limited for a cash considerationand deferred payments with expected proceeds of US$300m. Moab wasaround $300m, subject to

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

15    TANGIBLE ASSETS (continued)



conditions. The South African assets were accordingly transferred to held for sale and written down to the fair value less cost to sell. Refer to note 23 - Non-current assets and liabilities held for sale.9.

InCash generating units with marginal headroom

Based on an analysis carried out by the group in 2019, the carrying value and value in use of the most sensitive cash generating unit (CGU) are:
Figures in millions - US DollarsCarrying value
Value in use
Kibali (1)(2)
1,506
1,628
 




(1) It is estimated that a separate announcementdecrease of the long-term real gold price of $1,300/oz by 4.2%, would cause the receivable amount of Kibali to equal its carrying amount. The sensitivity analysis has been provided on 19 October 2017, AngloGold Ashanti announced the sale of its Kopanang Mine,basis that the West Gold Plant and related infrastructure to Heaven-Sent SA Sunshine Investment Company Limitedkey assumption changes without a change in the other assumptions. However, for a cash considerationchange in each of R100m. Kopanang Mine was accordingly transferredthe assumptions used, it is impracticable to held for saledisclose the consequential effect of changes on the other variables used to measure the recoverable amount because these assumptions and written down toothers used in impairment testing are inextricably linked.

(2) Equity accounted investment included in investments in associates and joint ventures in the fair value less cost to sell. Refer note 23 - Non-current assets and liabilities held for sale.Statement of Financial Position.


16 RIGHT OF USE ASSETS AND LEASE LIABILITIES

The group leases various assets including buildings, plant and equipment and vehicles. Some of the group’s lease obligations are secured by the lessors’ title to the leased assets for such leases.     

RIGHT OF USE ASSETS
US dollar millions 
Mine Infra-
structure

 
Land and
buildings

 Total
       
Cost      
Impact of adopting IFRS 16 - 1 January 2019

 119
 9
 128
Additions      
- stay-in-business capital 32
 
 32
Transfers and other movements(1)
 58
 15
 73
Transfer to non-current assets and liabilities held for sale 
 (1) (1)
Translation 
 1
 1
Balance at 31 December 2019 209
 24
 233
       
Accumulated amortisation and impairments      
Balance at 1 January 2019 
 
 
Amortisation for the year 40
 2
 42
Transfers and other movements(1)
 21
 12
 33
Balance at 31 December 2019 61
 14
 75
Net book value at 31 December 2019 148
 10
 158

(1) Relates to contracts previously classified as leases under IAS 17, which the group has reassessed upon initial transition as leases under IFRS 16 as of 1 January 2019.


15NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




16.    RIGHT OF USE ASSETS AND LEASE LIABILITIES (continued)

LEASE EXPENSES
US dollar millions

2019
Amounts recognised in the income statement
Amortisation expense on right of use assets42
Interest expense on lease liabilities10
Expenses on short term leases83
Expenses on variable lease payments not included in the lease liabilities220
Expenses on leases of low value assets2

These expenses are allocated to cost of sales and corporate, administration and other costs.

Total cash outflow for leases during the period amounted to $51m, consisting of repayments of liabilities of $42m and finance costs paid of $9m.


LEASE LIABILITIES
US Dollar million2019
Lease liabilities
Non-current126
Current45
Total171

US Dollar million2019
Reconciliation of lease liabilities
A reconciliation of the lease liabilities included in the statement of financial position is set out in the following table:
Opening balance
Lease liabilities recognised160
Repayment of lease liabilities(42)
Finance costs paid on lease liabilities(9)
Interest charged to the income statement10
Reclassification of finance leases from borrowings60
Change in estimate(5)
Translation(3)
Closing balance171
Lease finance costs paid included in the statement of cash flows9

US Dollar million2019
Maturity analysis of lease liabilities

Undiscounted cash flows
Less than and including 1 year52
Between 1 and 5 years89
Five years and more57
Total198







NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




16.    RIGHT OF USE ASSETS AND LEASE LIABILITIES (continued)

US Dollar million2019
Reconciliation between IFRS 16 lease liabilities and lease commitments as at 31 December 2018

Lease liabilities at 1 January 2019128
Discounting of lease liabilities16
Non-qualifying leases (1)
121
Lease commitments at 31 December 2018265

(1) Non-qualifying leases include leases that are short term in nature, low value items, or where the contractual repayment structures are variable in nature only, as well as the service components of qualifying contracts, not capitalised as part of the initial cost of the right of use assets.

The company does not face a significant liquidity risk with regard to its lease liabilities. Lease liabilities are monitored within the company’s treasury function.
All lease contracts contain market review clauses in the event that AngloGold Ashanti exercises its option to renew.

Certain of the group’s contracts have a payment structure that is variable in nature and hence do not qualify for IFRS 16 lease accounting. These contracts consist of mostly mining and drilling contracts. The variable nature of these contracts is to allow equal sharing of pain and gain between the group and its contractors. The cash flows are not disclosed as their variability does not permit reliable forecasts. Short-term, low value and variable contracts continue to be recognised within cost of sales.

The weighted average incremental borrowing rate at the date of initial application is 4.72%.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




17    INTANGIBLE ASSETS
Figures in millionsGoodwill
 
Software and
licences

 
Royalty
tax rate
concession
and other

 Total
Goodwill
 Other
 Total
US Dollars            
Cost            
Balance at 1 January 2015400
 152
 60
 612
Balance at 1 January 2017379
 185
 564
Additions
 1
 1
Transfer to assets and liabilities held for sale
 (17) (17)
Transfers and other movements(1)
(263) (1) (264)
Translation11
 4
 15
Balance at 31 December 2017127

172

299
Accumulated amortisation and impairments     
Balance at 1 January 2017253
 166
 419
Amortisation for the year  6
 6
Impairment9
 
 9
Transfer to assets and liabilities held for sale
 (15) (15)
Transfers and other movements(1)
(263) (1) (264)
Translation1
 5
 6
Balance at 31 December 2017

161

161
Net book value at 31 December 2017127

11

138
Cost     
Balance at 1 January 2018127

172

299
Additions
 3
 
 3

 1
 1
Disposals
 (9) 
 (9)
 (3) (3)
Transfers and other movements(1)

 (10) 
 (10)
 4
 4
Translation(20) (18) 
 (38)(11) (7) (18)
Balance at 31 December 2015380

118

60

558
Balance at 31 December 2018116

167

283
Accumulated amortisation and impairments            
Balance at 1 January 2015258
 82
 47
 387
Balance at 1 January 2018
 161
 161
Amortisation for the year

 37
 3
 40
  5
 5
Disposals
 (7) 
 (7)
 (3) (3)
Transfers and other movements(1)

 (7) 
 (7)
 4
 4
Translation(4) (12) 
 (16)
 (7) (7)
Balance at 31 December 2015254

93

50

397
Net book value at 31 December 2015126

25

10

161
       
Balance at 31 December 2018

160

160
Net book value at 31 December 2018116

7

123
Cost            
Balance at 1 January 2016380
 118
 60
 558
Additions
 5
 
 5
Balance at 1 January 2019116
 167
 283
Transfer to assets and liabilities held for sale
 (26) (26)
Transfers and other movements(1)

 (4) 
 (4)
 3
 3
Translation(1) 6
 
 5
Balance at 31 December 2016379

125

60

564
       
Balance at 31 December 2019116

144

260
Accumulated amortisation and impairments            
Balance at 1 January 2016254
 93
 50
 397
Balance at 1 January 2019
 160
 160
Amortisation for the year

 16
 4
 20
  3
 3
Transfers and other movements(1)

 (3) 
 (3)
Translation(1) 6
 
 5
Balance at 31 December 2016253

112

54

419
Net book value at 31 December 2016126

13

6

145
       
Cost       
Balance at 1 January 2017379
 125
 60
 564
Additions
 1
 
 1
Transfer to non-current assets and liabilities held for sale
 (17) 
 (17)
Transfers and other movements(1)
(263) (1) 
 (264)
Translation11
 4
 
 15
Balance at 31 December 2017127

112

60

299
Accumulated amortisation and impairments       
       
Balance at 1 January 2017253
 112
 54
 419
Amortisation for the year

 3
 3
 6
Impairment9
 
 
 9
Transfer to non-current assets and liabilities held for sale
 (15) 
 (15)
Transfers and other movements(1)
(263) (1) 
 (264)
Translation1
 5
 
 6
Balance at 31 December 2017

104

57

161
Net book value at 31 December 2017127

8

3

138
Transfer to assets and liabilities held for sale
 (26) (26)
Balance at 31 December 2019

137

137
Net book value at 31 December 2019116

7

123
(1) 
Transfers and other movements include amounts from asset reclassifications and amounts written off.

F - 48

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

15    Intangible assets 17    INTANGIBLE ASSETS(continued)

Impairment calculation assumptions for goodwill
Based on an analysis carried out by the group in 2017,2019, the carrying value and value in use of cash generating units (CGUs) with goodwill that were most sensitive is:
20172019
US DollarsUS Dollars
Figures in millions
Carrying
Value
 
Value in
use
Carrying
Value
 
Value in
use
AngloGold Ashanti Australia Limited - Sunrise Dam233
 402
Sunrise Dam220
 363

As at 31 December 2017,2019, the recoverable amount of AngloGold Ashanti Australia Limited - Sunrise Dam exceeded its carrying amount by $169m.$143m. The AngloGold Ashanti Australia Limited Sunrise Dam CGU had $119m$108m goodwill at that date.

It is estimated that a decrease of the long termlong-term real gold price of $1,240/$1,300/oz by 7%5%, would cause the recoverable amount of this CGU to equal its carrying amount. The sensitivity analysis has been provided on the basis that the key assumption changes without a change in the other assumptions. However, for a change in each of the assumptions used, it is impracticable to disclose the consequential effect of changes on the other variables used to measure the recoverable amount because these assumptions and others used in impairment testing of goodwill are inextricably linked.

Therefore it is possible that outcomes within the next financial year that are different from the assumptions used in the impairment testing process for goodwill could require a material adjustment to the carrying amounts in future periods.

Net book value of goodwill allocated to each of the CGUs:
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
- Sunrise Dam119
 110
 111
108
 108
 119
- First Uranium (Pty) Limited (1)

 8
 7
- Serra Grande8
 8
 8
8
 8
 8
(note 2)127
 126
 126
116
 116
 127
Real pre-tax discount rates applied in impairment calculations on CGUs for which the carrying amount of goodwill is significant are as follows:          
- Sunrise Dam(2)
8.3% 8.8% 7.9%
- Sunrise Dam (1)
10.8% 8.3% 8.3%

Goodwill has been allocated to its respective CGUs where it is tested for impairment as part of the CGU . The group reviews and tests the carrying value of goodwill on an annual basis for impairment. The discount rates for 2019 were determined on a basis consistent with the 2018 discount rates.

(1) 
Goodwill has been allocated to its respective CGU's where it is tested for impairment as part of the CGU . The group reviews and tests the carrying value of goodwill on an annual basis for impairment. Following the impairment review, goodwill to the value of $9m at First Uranium (Pty) Ltd was impaired utilising a real pre-tax discount rate of 9.23% during 2017. The discount rates for 2017 were determined on a basis consistent with the 2016 and 2015 discount rates. The value in use recoverable amount of First Uranium (Pty) Ltd is $317m (2016: $336m; 2015: $304m).
(2)
The value in use of the CGU is $402m$363m in 2017 (2016: $487m; 2015: $504m)2019 (2018: $750m; 2017: $402m).

F - 49

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS
16    Material partly-owned subsidiaries

(continued)


18    MATERIAL PARTLY-OWNED SUBSIDIARIES
NameNon-controlling interest holding Country of incorporation and operationNon-controlling interest holding Country of incorporation and operation
2017
 2016
 2015
 2019
 2018
 2017
 
Cerro Vanguardia S.A. (CVSA)7.5% 7.5% 7.5% Argentina7.5% 7.5% 7.5% Argentina
Société AngloGold Ashanti de Guinée S.A. (Siguiri)15% 15% 15% Republic of Guinea15% 15% 15% Republic of Guinea

Financial information of subsidiaries that have material non-controlling interests are provided below:
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
Profit allocated to material non-controlling interest     
Profit (loss) allocated to material non-controlling interests     
CVSA7
 6
 4
5
 9
 7
Siguiri13
 11
 8

 8
 13
Accumulated balances of material non-controlling interests          
CVSA13
 15
 15
13
 14
 13
Siguiri32
 28
 26
23
 32
 32

Summarised financial information of subsidiaries is as follows. The information is based on amounts including inter-company balances.
US DollarsUS Dollars
Figures in millionsCVSA
 Siguiri
CVSA
 Siguiri
   
Statement of profit or loss for 2019   
Revenue390
 349
Profit (loss) for the year68
 1
Total comprehensive income (loss) for the year, net of tax68
 1
Attributable to non-controlling interests5
 
Dividends paid to non-controlling interests(7) (9)
   
Statement of profit or loss for 2018   
Revenue498
 365
Profit (loss) for the year119
 56
Total comprehensive income (loss) for the year, net of tax119
 56
Attributable to non-controlling interests9
 8
Dividends paid to non-controlling interests(7) (8)
      
Statement of profit or loss for 2017      
Revenue517
 489
517
 489
Profit (loss) for the year96
 88
96
 88
Total comprehensive income (loss) for the year, net of tax96
 88
96
 88
Attributable to non-controlling interests7
 13
7
 13
Dividends paid to non-controlling interests(9) (10)(9) (10)
   
Statement of profit or loss for 2016   
Revenue472
 367
Profit (loss) for the year81
 74
Total comprehensive income (loss) for the year, net of tax81
 74
Attributable to non-controlling interests6
 11
Dividends paid to non-controlling interests(6) (9)
   
Statement of profit or loss for 2015   
Revenue399
 350
Profit (loss) for the year57
 50
Total comprehensive income (loss) for the year, net of tax57
 50
Attributable to non-controlling interests4
 8
Dividends paid to non-controlling interests
 (4)







NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

1618    Material partly-owned subsidiariesMATERIAL PARTLY-OWNED SUBSIDIARIES (continued)


Summarised financial information of subsidiaries is as follows. The information is based on amounts before inter-company eliminations.
US DollarsUS Dollars
Figures in millionsCVSA SiguiriCVSA Siguiri
   
Statement of financial position as at 31 December 2019   
Non-current assets177
 245
Current assets202
 170
Non-current liabilities(120) (141)
Current liabilities(82) (121)
Total equity177

153
   
Statement of financial position as at 31 December 2018   
Non-current assets176
 257
Current assets215
 157
Non-current liabilities(112) (64)
Current liabilities(78) (137)
Total equity201
 213
      
Statement of financial position as at 31 December 2017      
Non-current assets193
 206
193
 206
Current assets171
 189
171
 189
Non-current liabilities(103) (101)(103) (101)
Current liabilities(84) (82)(84) (82)
Total equity177

212
177
 212
      
Statement of financial position as at 31 December 2016   
Non-current assets241
 174
Current assets177
 178
Non-current liabilities(108) (79)
Current liabilities(107) (85)
Total equity203
 188
Statement of cash flows for the year ended 31 December 2019   
Cash inflow (outflow) from operating activities107
 46
Cash inflow (outflow) from investing activities(30) (22)
Cash inflow (outflow) from financing activities(47) (30)
Net increase (decrease) in cash and cash equivalents30
 (6)
      
Statement of financial position as at 31 December 2015   
Non-current assets245
 151
Current assets182
 158
Non-current liabilities(114) (79)
Current liabilities(109) (55)
Total equity204
 175
Statement of cash flows for the year ended 31 December 2018   
Cash inflow (outflow) from operating activities179
 84
Cash inflow (outflow) from investing activities(36) (96)
Cash inflow (outflow) from financing activities(140) (6)
Net increase (decrease) in cash and cash equivalents3
 (18)
      
Statement of cash flows for the year ended 31 December 2017      
Cash inflow (outflow) from operating activities189
 152
189
 152
Cash inflow (outflow) from investing activities(55) (82)(55) (82)
Cash inflow (outflow) from financing activities(118) (58)(118) (58)
Net increase (decrease) in cash and cash equivalents16
 12
16
 12
   
Statement of cash flows for the year ended 31 December 2016   
Cash inflow (outflow) from operating activities110
 120
Cash inflow (outflow) from investing activities(57) (59)
Cash inflow (outflow) from financing activities(97) (53)
Net increase (decrease) in cash and cash equivalents(44) 8
   
Statement of cash flows for the year ended 31 December 2015   
Cash inflow (outflow) from operating activities98
 76
Cash inflow (outflow) from investing activities(60) (29)
Cash inflow (outflow) from financing activities3
 (36)
Net increase (decrease) in cash and cash equivalents41
 11

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS(continued)




1719    INVESTMENTS IN ASSOCIATES AND JOINT VENTURES
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
Carrying value          
Investments in associates36
 20
 34
40
 36
 36
Investments in joint ventures1,471
 1,428
 1,431
1,541
 1,492
 1,471
1,507

1,448

1,465
1,581

1,528

1,507

Detailed disclosures are provided for the years in which investments in associates and joint ventures are considered to be material.
Summarised financial information of immaterial associates is as follows:
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
Aggregate statement of profit or loss for associates (attributable)          
Revenue21
 30
 53
20
 19
 21
Operating costs and expenses(11) (38) (45)
Operating (expenses) income (1)
3
 (4) (11)
Taxation2
 (1) 4

 (1) 2
Profit (loss) for the year12

(9)
12
23

14

12
Total comprehensive profit (loss) for the year, net of tax12

(9)
12
23

14

12
(1) Includes share of associate profit
Investments in material joint ventures comprise:
NameEffective % Description Country of incorporation and operationEffective % Description Country of incorporation and operation
2017 2016 2015 2019 2018 2017 
Kibali Goldmines S.A..(1)
45 45 45 
Exploration and mine
development
 The Democratic Republic of the Congo
Kibali Goldmines S.A.(1)
45.0 45.0 45.0 
Exploration and mine
development
 The Democratic Republic of the Congo
(1) 
AngloGold Ashanti Limited has a 50% interest in Kibali (Jersey) Limited (Kibali) which holds our effective 45% interest in Kibali Goldmines S.A.
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
          
Carrying value of joint ventures          
Kibali1,423
 1,400
 1,406
1,506
 1,439
 1,423
Immaterial joint ventures48
 28
 25
35
 53
 48
1,471
 1,428
 1,431
1,541
 1,492
 1,471
Reversal (impairment) of investments in joint ventures          
Sadiola (note 8)2
 11
 12
6
 14
 2
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
          
The cumulative unrecognised share of losses of the joint ventures:          
Sadiola
 
 10
Morila7
 9
 
8
 8
 7
Yatela2
 3
 
2
 3
 2

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




19    INVESTMENTS IN ASSOCIATES AND JOINT VENTURES (continued)

Summarised financial information of joint ventures is as follows (not attributable):
 US Dollars
 Kibali
Figures in millions2019
 2018
 2017
      
Statement of profit or loss     
Revenue1,123
 1,098
 755
Other operating costs and expenses(479) (539) (530)
Amortisation of tangible and intangible assets(282) (330) (264)
Finance costs and unwinding of obligations(4) (4) (5)
Interest received4
 3
 4
Taxation(62) (16) 54
Profit for the year300
 212
 14
Total comprehensive income for the year, net of tax300
 212
 14
Dividends received from joint venture (attributable)75
 89
 
 US Dollars
 Kibali
Figures in millions2019
 2018
 2017
      
Statement of financial position     
Non-current assets2,522
 2,659
 2,834
Current assets183
 205
 166
Cash and cash equivalents453
 124
 3
Total assets3,158
 2,988
 3,003
      
Non-current financial liabilities45
 29
 41
Other non-current liabilities26
 24
 23
Current financial liabilities11
 11
 7
Other current liabilities66
 64
 107
Total liabilities148

128

178
      
Net assets3,010

2,860

2,825
Group’s share of net assets1,505
 1,430
 1,413
Other1
 9
 10
Carrying amount of interest in joint venture1,506

1,439

1,423
 US Dollars
Figures in millions2019
 2018
 2017
      
Aggregate statement of profit (loss) for immaterial joint ventures (attributable)     
Revenue111
 112
 113
Other operating costs and expenses(94) (92) (94)
Amortisation of tangible and intangible assets(7) (15) (16)
Taxation(7) (2) (2)
Profit (loss) for the year3
 3
 1
Total comprehensive income (loss) for the year, net of tax3
 3
 1

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




20    OTHER INVESTMENTS
 US Dollars
Figures in millions2019
 2018
 2017
      
Listed investments (1)
     
      
Non-current investments     
      
Equity investments at fair value through profit and loss (FVTPL)     
Balance at beginning of year19
 26
  
Additions1
 2
  
Disposals(1) (2)  
Fair value adjustments1
 (3)  
Transfer to non-current assets and liabilities held for sale(21) 
  
Translation1
 (4)  
Balance at end of year
 19
  
      
Equity investments at fair value though OCI (FVTOCI)     
Balance at beginning of year63
 47
  
Additions9
 13
  
Disposals
 (7)  
Fair value adjustments
 10
  
Balance at end of year72
 63
  
      
The group reclassified its listed investments as FVTPL and FVTOCI on adoption of IFRS 9 on 1 January 2018.     
      
The non-current equity investments consist of ordinary shares and collective investment schemes and primarily comprise:     
International Tower Hill Mines Limited (ITH)
 
 7
Corvus Gold Corporation41
 43
 25
Various listed investments held by Environmental Rehabilitation Trust Fund
 16
 22
Pure Gold Mining31
 18
 11
Other
 5
 8
 72

82

73
(1)The group’s listed equity investments are susceptible to market price risk arising from uncertainties about the future values of the investments.
At the reporting date, the FVTOCI equity investments were listed on the Toronto Stock Exchange.










NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

17    Investments in associates and joint ventures (continued)



Summarised financial information of joint ventures is as follows (not attributable):20    OTHER INVESTMENTS (continued)
 US Dollars
 Kibali
Figures in millions2017
 2016
 2015
      
Statement of profit or loss     
Revenue755
 709
 747
Other operating costs and expenses(530) (471) (398)
Amortisation of tangible and intangible assets(264) (211) (193)
Finance costs and unwinding of obligations(5) (5) (5)
Interest received4
 5
 5
Taxation54
 23
 (18)
Profit for the year14
 50
 138
Other comprehensive income for the year, net of tax
 
 3
Total comprehensive income for the year, net of tax14
 50
 141
Dividends received from joint venture (attributable)
 30
 35
 US Dollars
 Kibali
Figures in millions2017
 2016
 2015
      
Statement of financial position     
Non-current assets2,834
 2,805
 2,754
Current assets166
 179
 259
Cash and cash equivalents3
 19
 22
Total assets3,003
 3,003
 3,035
      
Non-current financial liabilities41
 47
 52
Other non-current liabilities23
 32
 57
Current financial liabilities7
 10
 10
Other current liabilities107
 133
 125
Total liabilities178

222

244
      
Net assets2,825

2,781

2,791
Group’s share of net assets1,413
 1,391
 1,396
Other10
 9
 10
Carrying amount of interest in joint venture1,423

1,400

1,406
 US Dollars
Figures in millions2017
 2016
 2015
      
Aggregate statement of profit (loss) for immaterial joint ventures (attributable)     
Revenue113
 114
 138
Other operating costs and expenses(94) (95) (102)
Amortisation of tangible and intangible assets(16) (18) (21)
Taxation(2) (3) (7)
Profit (loss) for the year1
 (2) 8
Total comprehensive income (loss) for the year, net of tax1
 (2) 8

 US Dollars
Figures in millions2019
 2018
 2017
      
Listed investments (continued)     
      
Non-current investments (continued)     
      
Investments at amortised cost     
Balance at beginning of year12
 4
 6
Additions11
 15
 
Disposals(9) (6) (2)
Transfer to non-current assets and liabilities held for sale(15) 
 
Translation1
 (1) 
 
 12
 4
      
The amortised cost investment consists of government bonds held by the Environmental Rehabilitation Trust Fund administered by Ashburton Investments.

     
      
Current investments     
Listed investments - FVTOCI (1) (2)
10
 6
 7
      
Book value of listed investments82
 100
 84
      
Unlisted investments     
Non-current investments     
      
Balance at beginning of year47
 54
 73
Additions45
 48
 81
Maturities(44) (45) (73)
Transfer to non-current assets and liabilities held for sale(48) 
 (32)
Fair value adjustment- FVTOCI2
 
 
Other
 (2) 
Translation2
 (8) 5
Balance at end of year4
 47
 54
The unlisted investments include:     
Negotiable Certificates of Deposit - Environmental Rehabilitation Trust Fund administered by Ashburton Investments
 46
 53
Other4
 1
 1
 4
 47
 54
      
Book value of unlisted investments4
 47
 54
      
Non-current other investments76
 141
 131
Total book value of other investments86

147

138
      

18    OTHER INVESTMENTS
 US Dollars
Figures in millions2017
 2016
 2015
      
Non-current investments     
      
Listed investments (1)
     
      
Available-for-sale     
Balance at beginning of year46
 29
 47
Additions9
 8
 8
Disposals(1) (1) (3)
Fair value adjustments19
 7
 (7)
Impairments(3) 
 (9)
Translation3
 3
 (7)
Balance at end of year73

46

29
The available-for-sale non-current investments consist of ordinary shares and collective investment schemes and primarily comprise:     
International Tower Hill Mines Limited (ITH)7
 9
 2
Corvus Gold Corporation25
 7
 4
Various listed investments held by Environmental Rehabilitation Trust Fund22
 18
 17
Pure Gold Mining11
 8
 1
Orinoco Gold Limited4
 
 
Other4
 4
 5
 73

46

29
(1)The group’s listed available-for-sale equity investments are susceptible to market price risk arising from uncertainties about the future values of the investments.
At the reporting date, the majority ofFVTOCI equity investments were listed on the Toronto Stock Exchange andExchange.
(2)During 2019 a fair value adjustment of $4m to the JSE.Sandstorm investment was recognised.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

18    Other investments (continued)


 US Dollars
Figures in millions2017
 2016
 2015
      
Non-current investments (continued)     
      
Listed investments (continued)     
      
Held-to-maturity4
 6
 5
      
The held-to-maturity investment consists of government bonds held by the Environmental Rehabilitation Trust Fund administered by Ashburton Investments.     
The fair value of bonds held-to-maturity is $6m (2016: $8m; 2015: $6m) and has a sensitivity of less than $1m (2016: less than $1m; 2015: less than $1m) for a 1% change in interest rates.     
Current investments     
Listed investments - available for sale7
 5
 1
      
Book value of listed investments84
 57
 35
      
Non-current assets     
Unlisted investments     
      
Balance at beginning of year73
 57
 72
Additions81
 66
 77
Maturities(73) (58) (74)
Transfer to non-current assets and liabilities held for sale(32) 
 
Accrued interest
 1
 
Translation5
 7
 (18)
Balance at end of year54
 73
 57
The unlisted investments include:     
Negotiable Certificates of Deposit - Environmental Rehabilitation Trust Fund administered by Ashburton Investments53
 69
 55
Other1
 4
 2
 54
 73
 57
      
Book value of unlisted investments54
 73
 57
      
Total book value of other investments (note 34)138

130

92
      

The group’s listed available-for-sale equity investments are susceptible to market price risk arising from uncertainties about the future values of the investments.

At the reporting date, the majority of equity investments were listed on either the Toronto Stock Exchange or the JSE.



1921    INVENTORIES
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
Non-current          
Raw materials - ore stockpiles100
 84
 90
93
 106
 100


 

 



 

 

Current          
Raw materials          
- ore stockpiles261
 233
 232
229
 251
 261
- heap-leach inventory5
 3
 6
4
 3
 5
Work in progress          
- metals in process58
 77
 65
51
 44
 58
Finished goods          
- gold doré/bullion59
 60
 28
42
 57
 59
- by-products5
 4
 5
1
 
 5
Total metal inventories388

377

336
327

355

388
Mine operating supplies295
 295
 310
305
 297
 295
683

672

646
632

652

683
Total inventories(1)
783

756

736
725

758

783

(1) 
The amount of the write-down of ore stockpiles, metals in process, by-products and mine operating supplies to net realisable value, and recognised as an expense during the year in special items orother expenses and cost of sales is $17m (2016: $30m; 2015: $30m)$4m (2018: $19m; 2017: $17m).
2022    TRADE, OTHER RECEIVABLES AND OTHER ASSETS
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
     
Non-current          
Prepayments17
 9
 9
15
 18
 17
Recoverable tax, rebates, levies and duties50
 25
 4
107
 84
 50
67

34

13
122
 102
 67
          
Current          
Trade and loan receivables27
 35
 34
47
 33
 27
Prepayments62
 85
 37
61
 42
 62
Recoverable tax, rebates, levies and duties127
 124
 117
130
 116
 127
Other receivables6
 11
 8
12
 18
 6
222

255

196
250
 209
 222
          
Total trade, other receivables and other assets289

289

209
372

311

289
          
Current trade and loan receivables are generally on terms less than 90 days.     
     
At 31 December 2017 trade receivables of $2m have been pledged as security.     
          
There is a concentration of risk in respect of amounts due from Revenue Authorities for recoverable tax, rebates, levies and duties from subsidiaries in the Continental Africa segment. These values are summarised as follows:          
          
Recoverable value added tax106
 61
 66
167
 126
 106
Recoverable fuel duties38
 39
 28
43
 41
 38
Appeal deposits10
 8
 1
10
 10
 10

Geita Gold Mine

Geita Gold Mine (GGM) in Tanzania net indirect tax receivables balance increased by $35m to $119m (2018: $84m; 2017: $67m).

No refunds were received in cash in the current year, however claims relating to periods pre-July 2017 totalling $9m have been offset against provisional corporate tax payments in 2019 in accordance with legislation. These amounts were set off against VAT claims that have been certified

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


21

by an external advisor and verified by the Tanzania Revenue Authority (“TRA”). The TRA acknowledged the majority of the offsets during December 2019. The remaining disputed balance was objected to as GGM believe that the claims have been correctly set off pursuant to Tanzanian law.

An amendment, effective 20 July 2017, to Tanzania's mining legislation included an amendment to the Value Added Tax Act, 2014 (No. 5) (2015 VAT Act) to the effect that no input tax credit can be claimed for the exportation of “raw minerals”. The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2019, issued during 2019, provides a definition for "raw minerals". However, GGM has received notices from the TRA that it is not eligible for VAT relief from July 2017 onwards on the basis that all production constitutes “raw minerals” for this purpose.

The basis for dispute of the disqualifications is on the interpretation of the legislation. Management's view is that the definition of "raw minerals" provided in the Written Laws (Miscellaneous Amendments) (No. 2) Act. 2019 excludes gold doré. Gold bearing ore is mined from the open pit and underground mining operations, where it is further crushed and milled to maximise the gold recovery process, producing gold doré exceeding 80% purity as well as beneficiated products (concentrate). On this basis the mined doré and concentrate do not constitute “raw minerals” and accordingly the VAT claims are valid. We have obtained a legal opinion that supports our view that doré does not constitute a “raw mineral”.

The total VAT claims submitted since July 2017 amount to $134m (of the total, $56m of claims were submitted in 2019). All disqualifications received from the TRA have been objected to in accordance with the provisions and time frames set out in the Tax Administration Act, 2015 (No.10).

CVSA

On September 4, 2018, a decree was published by the Argentinian Government, which reintroduced export duties for products exported from Argentina and which will be in force until 31 December 2020. The export duty rate is 12% on the freight on board (FOB) value of goods exported, including gold, paid in country. The duty is limited so as not to exceed ARS $4 per USD exported. On 14 December 2019, the Government of Argentina announced that the cap of ARS $4 for each dollar exported, would be replaced by a flat rate of 12% for 2020. Pursuant to the terms of the Stability Agreement between CVSA and the Government of Argentina, CVSA has a right of refund or offset of these amounts paid as established by its Stability Agreement, which provides for a 30% taxation cap on annual taxes and duties paid by CVSA. As a result of the taxation cap, export duty receivables amount to $25m (2018: $14m).

23    CASH RESTRICTED FOR USE
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
     
Non-current     31
 35
 37
Cash balances held by Environmental Rehabilitation Trust Funds and other37
 36
 37


 

 



 

 

Current          
Cash restricted by prudential solvency requirements and other18
 16
 19
27
 24
 18
Cash balances held by the Tropicana joint venture10
 3
 4
Cash balances held by the Tropicana - joint venture6
 7
 10
28
 19
 23
33
 31
 28
Total cash restricted for use (note 34)65
 55
 60
Total cash restricted for use (note 35 and 36)64
 66
 65
2224    CASH AND CASH EQUIVALENTS
 US Dollars
Figures in millions2017
 2016
 2015
      
Cash and deposits on call170
 167
 344
Money market instruments35
 48
 140
Total cash and cash equivalents (note 34 and note 35)205
 215
 484


23    NON-CURRENT ASSETS AND LIABILITIES HELD FOR SALE

Kopanang gold mine, West Gold Plant and related infrastructure (Kopanang Sale Assets)
The Kopanang gold mine is situated approximately 170 kilometres southwest of Johannesburg. It is included in the South Africa reporting segment. Kopanang gold mine was previously recognised as a combination of tangible assets, current assets, current and long term liabilities. On 19 October 2017, AngloGold Ashanti Limited announced that it has entered into an agreement to dispose of the Kopanang Sale Assets to Heaven‐Sent SA Sunshine Investment Company Limited (HSC), a Chinese capital management company headquartered in Hong Kong. The purchase consideration will be settled on the Closing Date by a payment of R100 million in cash and the transfer of certain gold bearing rock dumps from a subsidiary of HSC, namely Village Main Reef Limited to AngloGold Ashanti. Kopanang mine is a single shaft system, which produces gold as its primary output. In 2017, Kopanang mine produced 91,000 ounces of gold (2016: 91,000 ounces).
Moab Khotsong gold mine and related infrastructure, Nufcor and Margaret Water Company (Moab Sale Assets)
The Moab Khotsong gold mine is situated about 180 kilometres southwest of Johannesburg. It is included in the South Africa reporting segment. Moab Khotsong gold mine was previously recognised as a combination of tangible assets, current assets, current and long term liabilities. On 19 October 2017, AngloGold Ashanti Limited announced that it has entered into a sale and purchase agreement, to dispose of various assets (Moab Sale Assets) situated in the Vaal River area of South Africa to Harmony Gold Mining Company Limited for a cash consideration of US$300 million.
The assets and related interests to be sold include the following:     
·  The Moab Khotsong mine (which incorporates the Great Noligwa mine) and related infrastructure;
·  AngloGold Ashanti’s entire interest in Nuclear Fuels Corporation of South Africa Proprietary Limited; and
·  AngloGold Ashanti’s entire interest in Margaret Water Company NPC.
Moab Khotsong is an underground mine which produced 294,000 ounces in 2017 (2016: 280,000 ounces).
Subsequent to year end the conditions precedent were fulfilled. Refer note 36.
The carrying amount of major classes of assets and liabilities includes:     
  
 US Dollars
 2017
Figures in millions
Moab Sale
Assets

 
Kopanang Sale
Assets

 Total
Tangible assets(1)
277
 12
 289
Intangible assets2
 
 2
Inventories16
 5
 21
Other investments31
 5
 36
Non-current assets held for sale (note 2)326

22

348
Environmental and rehabilitation provisions20
 9
 29
Provision for pension and post-retirement benefits1
 
 1
Trade, other payables and deferred income10
 5
 15
Deferred taxation81
 
 81
Non-current liabilities held for sale112

14

126
     

Net non-current assets held for sale214

8

222
 US Dollars
Figures in millions2019
 2018
 2017
      
Cash and deposits on call417
 312
 170
Money market instruments39
 17
 35
Total cash and cash equivalents (note 35 and note 36)456
 329
 205

(1) NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS Includes impairments of $35m subsequent to being transferred to held for sale.(continued)

















2425    SHARE CAPITAL AND PREMIUM
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
          
Share capital          
Authorised          
600,000,000 ordinary shares of 25 SA cents each23
 23
 23
23
 23
 23
2,000,000 A redeemable preference shares of 50 SA cents each
 
 

 
 
5,000,000 B redeemable preference shares of 1 SA cent each
 
 

 
 
30,000,000 C redeemable preference shares of no par value
 
 

 
 
23
 23
 23
23
 23
 23
Issued and fully paid          
410,054,615 (2016: 408,223,760; 2015: 405,265,315) ordinary shares of 25 SA cents each16
 16
 16
415,301,215 (2018: 412,769,980; 2017: 410,054,615) ordinary shares of 25 SA cents each17
 16
 16
2,000,000 A redeemable preference shares of 50 SA cents each
 
 

 
 
778,896 B redeemable preference shares of 1 SA cent each
 
 

 
 
16
 16
 16
17
 16
 16
Treasury shares held within the group:          
2,778,896 A and B redeemable preference shares
 
 

 
 
16
 16
 16
17
 16
 16
Share premium          
Balance at beginning of year7,145
 7,103
 7,078
7,208
 7,171
 7,145
Ordinary shares issued26
 42
 25
Ordinary shares issued - share premium27
 37
 26
7,171
 7,145
 7,103
7,235
 7,208
 7,171
Less: held within the group          
Redeemable preference shares(53) (53) (53)(53) (53) (53)
Balance at end of year7,118
 7,092
 7,050
7,182
 7,155
 7,118
Share capital and premium7,134
 7,108
 7,066
7,199
 7,171
 7,134

The rights and restrictions applicable to the A, B and BC redeemable preference shares were unchanged during 2017.2019. The Ccancellation of all redeemable preference shares have no par value but have the same rights as the B preference shares except that the C preference shares rank after the B preference shares (but prior to the A preference shares) as regards the payment of dividends, redemption proceeds and payment on winding up of the company.is in process.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS(continued)




2526    BORROWINGS
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
          
Non-current          
          
Unsecured          
Debt carried at fair value     
$1.25bn bonds - issued July 2013
 
 498
On 1 August 2016, the remaining portion of the bonds were settled.     
Debt carried at amortised cost          
Rated bonds - issued July 2012759
 758
 756
762
 761
 759
Semi-annual coupons are paid at 5.125% per annum. The bonds were issued on 30 July 2012, are repayable on 1 August 2022 and are US dollar-based.          
Rated bonds - issued April 20101,001
 1,000
 999
1,003
 1,002
 1,001
Semi-annual coupons are paid at 5.375% per annum on $700m 10-year bonds and at 6.5% per annum on $300m 30-year bonds. The $700m bonds are repayable in April 2020 and the $300m bonds are repayable in April 2040. The bonds are US dollar-based.          
Syndicated revolving credit facility ($1bn)32
 45
 194

 
 32
Semi-annual interest paid at LIBOR plus 1.5% per annum. The applicable margin is subject to a ratings grid. The facility was issued on 17 July 2014 and is available until 17 July 2019. The facility is US dollar-based.     
The facility was issued on 17 July 2014 and cancelled during October 2018. Replaced with a $1.4bn multi-currency facility.     
Syndicated revolving credit facility (A$500m)163
 168
 96

 
 163
Interest charged at BBSY plus 2% per annum. The applicable margin is subject to a ratings grid. The loan is repayable in July 2019 and is Australian dollar-based.     
Syndicated loan facility (R1.5bn)
 88
 65
The facility was issued on 3 December 2013 and was settled on 12 December 2017.     
The loan was cancelled in October 2018 and replaced by a $1.4bn multi-currency facility which is capped at A$500m.     
Syndicated revolving credit facility (R2.5bn)56
 
 

 
 56
Quarterly interest paid at JIBAR plus 1.8% per annum. The facility was issued on 12 December 2017 and is available until 12 December 2020, with the option on application to extend by two years. The loan is SA rand-based.     
Quarterly interest paid at JIBAR plus 1.8% per annum. The facility was issued on 12 December 2017 and is available until 12 December 2022. The loan is SA rand-based.     
Syndicated loan facility (R1.4bn)81
 
 

 28
 81
Quarterly interest paid at JIBAR plus 1.65% per annum. The facility was issued on 7 July 2015 and is available until 7 July 2020. The loan is SA rand-based.     
Quarterly interest paid at JIBAR plus 1.65% per annum. The facility was issued on 7 July 2015 and is available until 7 July 2020. The loan is SA rand-based. The facility was cancelled on 19 February 2020.     
Syndicated loan facility (R1bn)81
 
 
72
 35
 81
Quarterly interest paid at JIBAR plus 1.3% per annum. The facility was issued on 3 November 2017 and is available until 3 November 2020, with the option on application to extend by two years. The loan is SA rand-based.     
Revolving Credit Facilities - $100m16
 41
 
Various loans with interest rates ranging from 6.2% to 8% above LIBOR. The facilities were issued on 23 August 2016 and are available until 23 August 2019 and are US dollar-based.     
Quarterly interest paid at JIBAR plus 1.3% per annum. The facility was issued on 3 November 2017 and is available until 3 November 2022. The loan is SA rand-based.     
Siguiri revolving credit facilities ($65m)67
 
 
Interest paid at 8% above LIBOR. The facility was issued on 23 August 2016, is available until 27 February 2022 and is US dollar-based.     
Geita revolving credit facility ($150m)114
 60
 
Multi-currency RCF consisting of Tanzanian shilling component which is capped at the equivalent of US$45m. This component bears interest at 12.5%. The remaining USD component of the facility bears interest at LIBOR plus 6.7%. The facility matures on 6 April 2021.     
Other1
 1
 1

 
 1
Interest charged at various rates from 2.5% plus delta exchange rate on individual instalments per annum to 4.5% per annum. Repayments terminate in June 2023. All loans are Brazilian real-based.
          
The loans are subject to debt covenant arrangements for which no default event occurred.          
          
Multi-currency syndicated revolving credit facility ($1.4bn multi-currency RCF)15
 
 
The facility consists of a US dollar based facility with interest charged at a margin of 1.45% above LIBOR and an Australian dollar based facility capped at A$500m with a margin of 1.45% above BBSY. The applicable margin is subject to a ratings grid. The facility was issued on 23 October 2018 and is available until 23 October 2023.     
     
Revolving credit facilities ($100m)
 103
 16

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

25    Borrowings26    BORROWINGS (continued)

 US Dollars
Figures in millions2017
 2016
 2015
Non-current (continued)     
Secured     
Finance leases     
Turbine Square Two (Pty) Limited15

15

15
The leases are capitalised at an implied interest rate of 9.8% per annum. Lease payments are due in monthly instalments terminating in March 2022 and are SA rand-based. The buildings financed are used as security for these loans (note 35).     
Australian Gas Pipeline58
 57
 62
The contract with the supplier of gas contains embedded leases which have been determined to bear interest at an average of 6.75% per annum. The embedded leases commenced in November and December 2015 and are for a 10 and 12 year duration, respectively. The leases are repayable in monthly instalments and are Australian dollar-based. The equipment related to the embedded leases is used as security for these loans.     
Other5
 5
 2
Various loans with interest rates ranging from 2.5% to 15.5% per annum. These loans are repayable from 2016 to 2041. Some of these loans are secured by the financed assets.     
Total non-current borrowings including current portion2,268

2,178

2,688
Current portion of non-current borrowings included in current liabilities(38) (34) (51)
Total non-current borrowings2,230

2,144

2,637
      
Current     
Current portion of non-current borrowings included above38
 34
 51
      
Unsecured     
R750m Bonds - issued December 2013
 
 49
Total current borrowings38

34

100
      
Total borrowings (notes 34 and 35)2,268

2,178

2,737
      
Amounts falling due     
Within one year38
 34
 100
Between one and two years219
 170
 64
Between two and five years1,687
 902
 1,495
After five years324
 1,072
 1,078
(notes 34 and 35)2,268

2,178

2,737
 US Dollars
Figures in millions2019
 2018
 2017
During 2019 the loans outstanding under these facilities were refinanced and included in the Geita and Siguiri revolving credit facilities.     
      
      
Non-current (continued)     
Secured     
Finance leases (1)
     
Turbine Square Two (Pty) Limited

9

15
The lease is capitalised at an implied interest rate of 9.8% per annum. Lease payments are due in monthly instalments terminating in March 2022 and are SA rand-based. The building financed is used as security for these loans.     
Australian Gas Pipeline
 48
 58
The contract with the supplier of gas contains embedded leases which have been determined to bear interest at an average of 6.75% per annum. The embedded leases commenced in November and December 2015 and are for a 10 and 12 year duration, respectively. The leases are repayable in monthly instalments and are Australian dollar-based. The equipment related to the embedded leases is used as security for these loans.     
Other
 4
 5
Various loans with interest rates ranging from 2.5% to 14.7% per annum. These loans are repayable from 2016 to 2041. Some of these loans are secured by the financed assets.     
Total borrowings (note 35)2,033

2,050

2,268
Current portion of borrowings (note 36)(734) (139) (38)
Total non-current borrowings (note 36)1,299

1,911

2,230
      
      
Amounts falling due     
Within one year734
 139
 38
Between one and two years110
 734
 219
Between two and five years898
 860
 1,687
After five years291
 317
 324
(note 35)2,033

2,050

2,268

(1) The Finance leases have been included in the lease liabilities from 1 January 2019 (refer to note 16).

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

26    BORROWINGS (continued)
















 US Dollars
Figures in millions2019
 2018
 2017
      
Currency     
The currencies in which the borrowings are denominated are as follows:     
US dollar1,893
 1,896
 1,807
Australian dollar21
 48
 221
SA rand72
 75
 237
Tanzanian shilling47
 29
 
Brazilian real
 2
 3
(notes 35)2,033

2,050

2,268
      
Undrawn facilities     
Undrawn borrowing facilities as at 31 December are as follows:     
Syndicated revolving credit facility ($1bn) - US dollar
 
 965
Syndicated revolving credit facility (A$500m) - Australian dollar
 
 226
Syndicated revolving credit facility (R2.5bn) - SA rand179
 174
 146
Syndicated revolving credit facility (R1.4bn) - SA rand100
 70
 32
FirstRand Bank Limited (R750m) - SA rand54
 52
 61
Revolving credit facilities ($100m) - US dollar
 
 85
Revolving credit facility (R1bn) - SA rand
 35
 
Multi currency syndicated revolving credit facility ($1.4bn) - US Dollar1,379
 1,400
 
Revolving credit facility - $150m40
 57
 
 1,752

1,788

1,515
      
Changes in liabilities arising from financing activities:     
Reconciliation of total borrowings:     
A reconciliation of total borrowings included in the statement of financial position is set out below:     
Opening balance2,050
 2,268
 2,178
Proceeds from borrowings168
 753
 815
Repayment of borrowings(123) (967) (767)
Finance costs paid on borrowings(122) (117) (125)
Deferred loan fees(7) 
 
Interest charged to the income statement127
 127
 130
Reclassification of finance leases to lease liabilities

(60) 
 
Translation
 (14) 37
Closing balance2,033
 2,050
 2,268
      
Reconciliation of finance costs paid:     
A reconciliation of finance costs paid included in the statement of cash flows is set out below:     
Finance costs paid on borrowings122
 117
 125
Capitalised finance cost(6) 
 
Commitment fees, utilisation fees and other borrowing costs12
 13
 13
Total finance costs paid128
 130
 138



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

25    Borrowings (continued)



 US Dollars
Figures in millions2017
 2016
 2015
      
Currency     
The currencies in which the borrowings are denominated are as follows:     
US dollar1,807
 1,844
 2,447
Australian dollar221
 225
 158
SA rand237
 106
 130
Brazilian real3
 3
 2
(notes 34 and 35)2,268

2,178

2,737
      
Undrawn facilities     
Undrawn borrowing facilities as at 31 December are as follows:     
Syndicated revolving credit facility ($1bn) - US dollar965
 950
 800
Syndicated revolving credit facility (A$500m) - Australian dollar226
 191
 266
Syndicated revolving credit facility (R1.5bn) - SA rand
 21
 33
Syndicated revolving credit facility (R2.5bn) - SA rand146
 
 
Syndicated revolving credit facility (R1.4bn) - SA rand32
 102
 91
FirstRand Bank Limited (R750m) - SA rand61
 37
 32
Revolving credit facilities ($100m) - US dollar85
 60
 
 1,515

1,361

1,222
      
Changes in liabilities arising from financing activities:     
Reconciliation of total borrowings:     
A reconciliation of total borrowings included in the statement of financial position is set out in the following table:     
Opening balance2,178
 2,737
 3,721
Acquisitions and disposals - other
 
 47
Proceeds from borrowings815
 787
 421
Repayment of borrowings(767) (1,333) (1,288)
Finance costs paid on borrowings(125) (159) (239)
Interest charged to the income statement130
 145
 213
Fair value adjustments on issued bonds
 (9) (66)
Translation37
 10
 (72)
Closing balance2,268
 2,178
 2,737
      
Reconciliation of finance costs paid:     
A reconciliation of finance costs paid included in the statement of cash flows is set out in the following table:     
Finance costs paid on borrowings125
 159
 239
Commitment fees, environmental guarantee fees and other borrowing costs13
 13
 12
Total finance costs paid138
 172
 251




2627    ENVIRONMENTAL REHABILITATION AND OTHER PROVISIONS
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
          
Environmental rehabilitation obligations          
          
Provision for decommissioning          
Balance at beginning of year279
 272
 296
237
 286
 279
Charge to income statement2
 
 

 1
 2
Change in estimates(1)
4
 (12) 5
29
 (47) 4
Unwinding of decommissioning obligation12
 12
 11
10
 12
 12
Transfer to non-current assets and liabilities held for sale(20) 
 (11)
Transfer to assets and liabilities held for sale(81) 
 (20)
Utilised during the year(2) (2) (3)(1) (1) (2)
Translation11
 9
 (26)2
 (14) 11
Balance at end of year286
 279
 272
196
 237
 286
          
Provision for restoration          
Balance at beginning of year426
 411
 555
385
 409
 426
Charge to income statement8
 10
 6
(1) 2
 8
Change in estimates(1)
(17) (2) (40)50
 (28) (17)
Unwinding of restoration obligation10
 8
 10
9
 12
 10
Transfer to non-current assets and liabilities held for sale(3) 
 (110)
Transfer to assets and liabilities held for sale(15) 
 (3)
Transfer to current portion(17) 
 

 
 (17)
Utilised during the year(4) (3) (2)(5) (3) (4)
Translation6
 2
 (8)
 (7) 6
Balance at end of year409
 426
 411
423
 385
 409
          
Other provisions(3)(2)
          
Balance at beginning of year172
 164
 201
205
 247
 172
Charge to income statement17
 11
 11
39
 24
 17
Change in estimates15
 5
 24
27
 18
 15
Additions64
 
 

 
 64
Transfer (to) from trade and other payables(6) (2) 3
Transfer to assets and liabilities held for sale(115) 
 
Transfer to trade and other payables(73) (26) (6)
Unwinding of other provisions1
 1
 1
6
 7
 1
Utilised during the year(35) (30) (25)(16) (35) (35)
Translation19
 23
 (51)5
 (30) 19
Balance at end of year247
 172
 164
78
 205
 247
          
Total environmental rehabilitation and other provisions942

877

847
697

827

942

(1) 
The change in estimates is attributable to changes in discount rates due to changes in global economic assumptions and changes in mine plans resulting in a change in cash flows and changes in design of tailings storage facilities and in methodology following requests from the environmental regulatory authorities. These provisions are expected to unwind beyond the end of the life of mine.

(2) 
Other provisions include the following significant item: Chemwes (Pty) Limited, a subsidiary of First Uranium (Pty) Limited acquired by AngloGold Ashanti Limited during 2012, agreed to sell 25% of its production, capped at 312,500oz from 1 January 2012, to Franco-Nevada (Barbados) Corporation. Franco Nevada is required to pay $400/oz which inflates at 1% compounded annually from 2013. These factors were considered in determining the commodity contract obligation. The provision is calculated as the present value of the portion which is deemed onerous in light of the current market conditions using a gold forward for the duration of the contract of $1,303/oz (2016: $1,152/oz; 2015: $1,061/oz). As at 31 December 2017, the remaining production due to Franco Nevada is 170,435oz (2016: 197,528oz; 2015: 220,447oz).
(3)
Other provisions include thelong-term provision for the silicosis class action litigation of $63m.$54m (2018: $47m; 2017: $63m), the short-term portion of $11m (2018; $16m; 2017: nil) has been included in trade and other payables.

The undiscounted rehabilitation provision based on real cash flows is $991m (2016: $867m; 2015: $831m).

Provision for silicosis settlement

AngloGold Ashanti Limited together with other mining companies, are named in a class action for silicosis and tuberculosis which was certified by the Johannesburg High Court in May 2016. The companies requested leave to appeal to the Supreme Court of Appeal (SCA), which was granted on 13 September 2016 and was scheduled to be heard from 19 to 23 March 2018. On 10 January 2018, in response to a request from all parties involved in the appeal to the SCA in respect of the silicosis and tuberculosis class action litigation, the Registrar of the SCA postponed the hearing date of the appeal until further notice.

A gold mining industry working group consisting of African Rainbow Minerals Limited, Anglo American South Africa Limited, AngloGold Ashanti Limited, Gold Fields Limited, Sibanye Stilllwater Limited and Harmony Gold Mining Company Limited (collectively the working group) was formed in November 2014 to address issues relating to the compensation and medical care for occupational lung diseases in the gold mining industry in South Africa. Essentially, the working group is seeking a comprehensive and sustainable solution which deals with both legacy compensation issues and future legal frameworks which, while being fair to employees, also ensures the future sustainability of companies in the industry. The working group has engaged all stakeholders on these matters, including government, organised labour, other mining companies and legal representatives of claimants who have filed legal suits




26    ENVIRONMENTAL REHABILITATION AND OTHER PROVISIONS (continued)

against the companies. The working group believes that achieving a comprehensive settlement which is fair to past, present and future employees and sustainable for the sector is preferable to protracted litigation.

The facts of the matter have previously been disclosed as a contingent liability as an amount could not be reliably determined. As a result of the progress made by the working group and the status of negotiations with affected stakeholders, management is now in a position to reasonably estimate AngloGold Ashanti's share of a possible settlement of the class action claims and related costs within an acceptable range.

A pre-tax charge of US$63 million has been recognised in special items for the year ended 31 December 2017. Going forward, annual charges in the provision are expected to consist of the time value of money (recognised as a finance cost) and changes in estimates in special items. The expected contributions (cash flows) to the vehicle that will manage the settlement process have been discounted over the expected period of contributions. The contributions are expected to be settled by cash flows from the group's South African operations and will occur over a number of years.

The assumptions that were made in the determination of the provision amount include: silicosis prevalence rates; estimated settlement per claimant; benefit take-up rates and disease progression rates.

A discount rate of 8% was used, based on government bonds with similar terms to the obligation.















NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

27    Provision for pension and post-retirement benefits

28    PROVISION FOR PENSION AND POST-RETIREMENT BENEFITS
 US Dollars
Figures in millions2019
 2018
 2017
      
Defined benefit plans     
The retirement schemes consist of the following:     
Post-retirement medical scheme for AngloGold Ashanti's South African employees93
 93
 114
Other defined benefit plans7
 7
 8
Sub-total100
 100
 122
 








NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




28    PROVISION FOR PENSION AND POST-RETIREMENT BENEFITS (continued)
 US Dollars
Figures in millions2017
 2016
 2015
      
Defined benefit plans     
The group has made provision for pension, provident and medical schemes covering substantially all employees. The retirement schemes consist of the following:     
AngloGold Ashanti Limited Pension Fund
 
 (18)
Post-retirement medical scheme for AngloGold Ashanti Limited South African employees114
 109
 97
Other defined benefit plans8
 9
 10
Sub-total122
 118
 89
Transferred to other non-current assets     
- AngloGold Ashanti Limited Pension Fund
 
 18
 122

118

107
Other defined benefit plans include the following:     
-Obuasi Mines Staff Pension Scheme6
 6
 7
- Retiree Medical Plan for North American employees1
 2
 2
- Supplemental Employee Retirement Plan (SERP) for North America (USA) Inc. employees1
 1
 1
 8

9

10
Figures in millions2019
 2018
 2017
 US Dollars
Post-retirement medical scheme for AngloGold Ashanti's South African employees     
The provision for post-retirement medical funding represents the provision for health care benefits for employees and retired employees and their registered dependants.
The post-retirement benefit costs are assessed in accordance with the advice of independent professionally qualified actuaries. The actuarial method used is the projected unit credit funding method. This scheme is unfunded. The last valuation was performed as at 31 December 2019.
Information with respect to the defined benefit liability is as follows:     
Benefit obligation     
Balance at beginning of year93
 115
 109
Interest cost8
 9
 10
Benefits paid(8) (10) (9)
Actuarial (gain) loss(2) (5) (8)
Translation2
 (16) 13
Balance at end of year93

93

115
Less: transfer to non-current assets and liabilities held for sale
 
 (1)
Net amount recognised93

93

114
      
Components of net periodic benefit cost     
Interest cost8
 9
 10
Net periodic benefit cost8

9

10
Assumptions     
Assumptions used to determine benefit obligations at the end of the year are as follows:     
Discount rate9.15% 9.57% 9.29%
Expected increase in health care costs7.25% 7.35% 7.75%
      
Assumed health care cost trend rates at 31 December:     
Health care cost trend assumed for next year7.25% 7.35% 7.75%
Rate to which the cost trend is assumed to decline (the ultimate trend rate)7.25% 7.35% 7.75%
      
Assumed health care cost trend rates have a significant effect on the amounts reported for health care plans. A 1% point change in assumed health care cost trend rates would have the following effect:
Effect on total service and interest cost – 1% point increase1
 1
 1
Effect on post-retirement benefit obligation – 1% point increase7
 7
 10
Effect on total service and interest cost – 1% point decrease(1) (1) (1)
Effect on post-retirement benefit obligation – 1% point decrease(6) (7) (8)
      
      
      
Cash flows     
Contributions     
AngloGold Ashanti Limited expects to contribute $9m to the post-retirement medical plan in 2020.
      
Estimated future benefit payments     
The following medical benefit payments, which reflect the expected future service, as appropriate, are expected to be paid:
20209
    
20219
    
20229
    
20239
    
202410
    
Thereafter47
    


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

27    Provision for pension and post-retirement benefits


Figures in millions2017
 2016
 2015
 US Dollars
Post-retirement medical scheme for AngloGold Ashanti Limited South African employees     
The provision for post-retirement medical funding represents the provision for health care benefits for employees and retired employees and their registered dependants.     
The post-retirement benefit costs are assessed in accordance with the advice of independent professionally qualified actuaries. The actuarial method used is the projected unit credit funding method. This scheme is unfunded. The last valuation was performed as at 31 December 2017.     
Information with respect to the defined benefit liability is as follows:     
Benefit obligation     
Balance at beginning of year109
 97
 135
Interest cost10
 10
 10
Benefits paid(9) (8) (9)
Actuarial (gain) loss(8) (2) (7)
Translation13
 12
 (32)
Balance at end of year115

109

97
Less: transfer to non-current assets and liabilities held for sale(1) 
 
Net amount recognised(1)
114

109

97
(1)  The obligation for post-retirement medical is unfunded.
     
Components of net periodic benefit cost     
Interest cost10
 10
 10
Net periodic benefit cost10

10

10
Assumptions     
Assumptions used to determine benefit obligations at the end of the year are as follows:     
Discount rate9.29% 9.31% 10.10%
Expected increase in health care costs7.75% 8.30% 9.10%
      
Assumed health care cost trend rates at 31 December:     
Health care cost trend assumed for next year7.75% 8.30% 9.10%
Rate to which the cost trend is assumed to decline (the ultimate trend rate)7.75% 8.30% 9.10%
Assumed health care cost trend rates have a significant effect on the amounts reported for health care plans. A 1% point change in assumed health care cost trend rates would have the following effect:     
Effect on total service and interest cost – 1% point increase1
 1
 1
Effect on post-retirement benefit obligation – 1% point increase10
 10
 9
Effect on total service and interest cost – 1% point decrease(1) (1) (1)
Effect on post-retirement benefit obligation – 1% point decrease(8) (9) (8)
      
Cash flows     
Contributions     
AngloGold Ashanti Limited expects to contribute $10m to the post-retirement medical plan in 2018.     
      
Estimated future benefit payments     
The following medical benefit payments, which reflect the expected future service, as appropriate, are expected to be paid:     
201810
    
201910
    
202010
    
202111
    
202211
    
Thereafter62
    



2829    DEFERRED TAXATION
US DollarsUS Dollars
Figures in millions2017

2016

2015
2019
 2018
 2017
          
Deferred taxation relating to temporary differences is made up as follows:









Liabilities









Tangible assets604
 730
 743
Tangible assets (owned)370
 521
 604
Right-of-use assets48
    
Inventories33
 31
 35
24
 37
 33
Other15
 10
 14
9
 5
 15

652
 771

792
451
 563
 652
Assets









Provisions229
 245
 242
209
 218
 229
Lease liabilities52
 

 

Tax losses60
 31
 34
45
 24
 60
Other4
 3
 3
9
 6
 4

293

279

279
315
 248
 293
Net deferred taxation liability359

492

513
136
 315
 359
Included in the statement of financial position as follows:









Deferred tax assets4
 4
 1
105
 
 4
Deferred tax liabilities363
 496
 514
241
 315
 363
Net deferred taxation liability359

492

513
136
 315
 359
The movement on the deferred tax balance is as follows:









Balance at beginning of year492
 513
 440
315
 359
 492
Taxation of items included in income statement(68) (45) 140
Taxation of items included in income statement from continuing and discontinued operations(189) (30) (68)
Taxation on items included in other comprehensive income(6) 2
 2
(2) 5
 (6)
Transfer to non-current assets and liabilities held for sale(73)



15



(73)
Translation14
 22
 (69)(3) (19) 14
Balance at end of year359

492

513
136
 315
 359
Provision has been made for South African income tax or foreign taxes that may result from future remittances of undistributed earnings of foreign subsidiaries or foreign corporate joint ventures, where the group is able to assert that the undistributed earnings are not permanently reinvested. In all other cases, the foreign subsidiaries reinvest the undistributed earnings into future capital expansion projects, maintenance capital and ongoing working capital funding requirements. Unrecognised taxable temporary differences pertaining to undistributed earnings totalled $384m (2016: $366m; 2015: $357m)$444m (2018: $413m; 2017: $384m).


2930    TRADE, OTHER PAYABLES AND DEFERRED INCOMEPROVISIONS
 US Dollars
Figures in millions2019
 2018
 2017
      
Non-current     
Other payables15
 3
 3
      
Current     
Trade payables363
 350
 358
Accruals(1)
167
 186
 228
Short-term provisions53
 20
 22
Derivatives
 9
 
Other payables3
 29
 30
 586
 594
 638
Total trade, other payables and provisions601
 597
 641
Current trade and other payables are non-interest bearing and are normally settled within 60 days.     
(1) Includes accrual for silicosis of $11m in 2019 (2018: $16m; 2017:nil).

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)



 US Dollars
Figures in millions2017
 2016
 2015
      
Non-current3
 4
 5
Current     
Trade payables358
 381
 306
Accruals and deferred income193
 206
 187
Short-term provisions22
 
 
Accruals for retrenchment costs35
 
 
Other payables30
 28
 23
 638

615

516
Total trade, other payables and deferred income641

619

521
Current trade and other payables are non-interest bearing and are normally settled within 60 days.     

3031    TAXATION
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
          
Balance at beginning of year97
 64
 41
54
 50
 97
Refunds during the year14
 12
 21
7
 5
 14
Payments during the year(174) (165) (184)(228) (171) (174)
Taxation of items included in the income statement190
 234
 192
298
 242
 190
Offset of VAT and other taxes(78) (47) 
(50) (63) (78)
Transfer from tax receivable relating to North America(10) 
 
Translation1
 (1) (6)(9) (9) 1
Balance at end of year50
 97
 64
62
 54
 50
Included in the statement of financial position as follows:          
Taxation asset included in trade and other receivables(3) (14) (27)(10) (6) (3)
Taxation liability53
 111
 91
72
 60
 53
50

97

64
62

54

50


3132    CASH GENERATED FROM OPERATIONS
 US Dollars
Figures in millions2017
 2016
 2015
      
Profit (loss) before taxation(63) 269
 257
Adjusted for:     
Movement on non-hedge derivatives and other commodity contracts(10) (19) 7
Amortisation of tangible assets (note 4)817
 789
 737
Finance costs and unwinding of obligations (note 7)169
 180
 245
Environmental, rehabilitation and other expenditure(30) (13) (56)
Special items394
 44
 60
Amortisation of intangible assets (notes 4 and 15)6
 20
 40
Fair value adjustment on issued bonds
 (9) (66)
Interest received (note 3)(15) (22) (28)
Share of associates and joint ventures’ (profit) loss (note 8)(22) (11) (88)
Exchange loss on foreign currency reserve release
 60
 
Other non-cash movements61
 90
 53
Movements in working capital(156) (76) 89
 1,151
 1,302
 1,250
Movements in working capital:     
(Increase) decrease in inventories(67) (48) 99
(Increase) decrease in trade, other receivables and other assets(86) (131) 108
Increase (decrease) in trade, other payables and deferred income(3) 103
 (118)
 (156) (76) 89

 US Dollars
Figures in millions2019
 2018
 2017
      
Profit (loss) before taxation619
 445
 328
Adjusted for:     
Movement on non-hedge derivatives and other commodity contracts(6) 6
 1
Amortisation of tangible assets and right of use assets (note 4)580
 553
 685
Finance costs and unwinding of obligations (note 7)172
 168
 157
Environmental, rehabilitation and other expenditure(6) (23) (26)
Impairment, derecognition of assets and profit (loss) on disposal3
 5
 (1)
Other expenses (income)41
 28
 89
Amortisation of intangible assets (notes 4)3
 5
 5
Interest income(14) (8) (8)
Share of associates and joint ventures’ (profit) loss (note 8)(168) (122) (22)
Other non-cash movements43
 (4) (4)
Movements in working capital(165) (122) (137)
 1,102
 931
 1,067
Movements in working capital:     
(Increase) decrease in inventories(67) (2) (67)
(Increase) decrease in trade, other receivables and other assets(138) (74) (86)
Increase (decrease) in trade, other payables and deferred income40
 (46) 16
 (165) (122) (137)

32NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

33    RELATED PARTIES
US DollarsUS Dollars
Figures in millions2017
 2016
 2015
2019
 2018
 2017
          
Material related party transactions were as follows (not attributable):          
          
Sales and services rendered to related parties          
Associates19
 
 
Joint ventures12
 16
 6
7
 10
 12
          
Purchases and services acquired from related parties          
Associates16
 15
 8
12
 19
 16
Joint ventures3
 6
 
1
 
 3
          
Outstanding balances arising from sale of goods and services due by related parties          
Associates7
 
 
19
 19
 7
Joint ventures2
 8
 
1
 
 2
Amounts owed to/due by related parties above are unsecured and non-interest bearing.          
Loans advanced to joint ventures and associates          
          
Rand Refinery (Pty) Limited     
During the year the loan was converted to preference shares. There are no fixed repayment terms. The loan had accrued interest at JIBAR plus 3.5%
 20
 27
Loans advanced to associates and joint ventures are included in the carrying value of investments in associates and joint ventures (note 17)     
Loans advanced to associates and joint ventures are included in the carrying value of investments in associates and joint ventures (note 19)     

Executive contracts
All members of the Executive CommitteeManagement team have permanent employment contracts which entitle them to standard group benefits as defined by their specific region and participation in the company’s short-term incentive scheme, the BonusDeferred Share Plan (BSP) and the Long Term Incentive Plan (LTIP). All recently updated Executive Committee contracts include details on participation in the Co-Investment Plan (CIP)(DSP).

South AfricanAfrican-based executives have an off-shore retainerare paid a portion of their remuneration offshore, which is detailed under a separate contract. This reflects the percentageglobal roles and responsibilities and takes account of their time focused on offshore business requirements. The offshore pay has been increased to a maximum cap of 40% of base pay due to a review of the amount of time spent outside South Africa on the offshore responsibilities of each executive team member. Where practical the offshore portion is now pensionable.

The executive contracts are reviewed annually and currently continue to include a change ofin control provision. The change ofin control is subject to the following triggers:
The acquisition of all or part of AngloGold Ashanti; or
A number of shareholders holding less than 35%thirty-five percent of the company’s issued share capital consorting to gain a majority of the board and make management decisions; and
The contracts of Executive Committee members are either terminated or their role and employment conditions are curtailed.

In the event of a change ofin control becoming effective, the executive management team will in certain circumstances be subject to both the notice period and the change ofin control contract terms. The notice period applied per category of executive and the change ofin control periods as at 31 December 20172019 were as follows:

Executive Committee memberNotice Period Change of control
CEO12 months 12 months
CFO6 months 6 months
EXCO6 months 6 months


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




32.    Related parties33RELATED PARTIES (continued)

Directors and other key management personnel

Executive Directors’ and Prescribed Officers’ remuneration

The tables below illustrate the single total figure of remuneration and the total cash equivalent received reconciliation of Executive Directors and Prescribed Officers as prescribed by King IV. It comprises an overview of all the pay elements available to the executive management team for the year ended 31 December 2019.

The following are definitions of terminology used in the adoption of the reporting requirements under King IV.

Reflected
In respect of the DSP and LTIP plans, remuneration is reflected when performance conditions have been met during the reporting period.

Settled
This refers to remuneration that has been included in prior reporting periods and has now become payable (but may not yet have been paid) to the executive in the current period.

 
Salary(1)

Performance
related
payments(2)

Pension
scheme
benefits

Other benefits
and
encashed
leave(3)

 Subtotal
 
Pre-tax
gain
on
share
options

 Total Total 

Total

Total
          SA Rands 
US Dollars(4)
 
US Dollars(4)
US Dollars(4)
Figures in thousands2017 20162015
Executive Directors              
S Venkatakrishnan13,318
8,382
3,296
3,388
 28,384
 
 28,384
 2,134
 1,832
1,905
KC Ramon8,423
4,607
727
1,627
 15,384
 
 15,384
 1,157
 947
1,024
 21,741
12,989
4,023
5,015
 43,768
 
 43,768
 3,291
 2,779
2,929
Prescribed Officers               
CE Carter(5)
9,408
4,411
1,330
1,717
 16,866
 8,238
 25,104
 1,887
 1,535
1,906
GJ Ehm8,778
4,116
306
1,489
 14,689
 4,588
 19,277
 1,449
 1,693
1,404
L Eybers(6)
7,400
3,691
327
2,570
 13,988
 
 13,988
 1,051
 

DC Noko6,767
3,173
644
1,888
 12,472
 
 12,472
 938
 961
976
ME Sanz Perez6,737
3,159
795
1,078
 11,769
 
 11,769
 885
 1,640
823
CB Sheppard7,154
3,354
681
272
 11,461
 
 11,461
 862
 721
511
TR Sibisi5,786
2,886
703
77
 9,452
 
 9,452
 711
 541

Retired prescribed officers8,189

2,887
22,601
 33,677
 29,281
 62,958
 4,733
 5,978
4,719
 60,219
24,790
7,673
31,692
 124,374
 42,107
 166,481
 12,516
 13,069
10,339
Total Executive Directors’ and Prescribed Officers’ remuneration ZAR81,960
37,779
11,696
36,707
 168,142
 42,107
 210,249
     
                
Total Executive Directors’ and Prescribed Officers’ remuneration USD6,162
2,840
879
2,760
 12,641
 3,166
   15,807
 15,848
13,268
Single total figure
remuneration
Base salaryPension scheme benefits
Once-off relocation costs
Cash in lieu of dividends
Other benefits(2)

Awards earned during the period reflected but not yet settledSingle total figure of remuneration
ZAR denominated portion
USD/AUD denominated portion(1)

DSP 2019 awards(3)

CSLTIP 2017 awards(4)

Sign-on awards granted (5)

201920182017
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
USD '000 (8)

USD '000 (8)

USD '000 (8)

Executive directors             
KPM Dushnisky
18,608
4,648
2,726
142
2,578
61,842


90,544
6,268
7,570

KC Ramon5,585
3,981
779

194
893
29,135
33,064

73,631
5,097
3,547
2,190
Total executive directors5,585
22,589
5,427
2,726
336
3,471
90,977
33,064

164,175
11,365
11,117
2,190
              
Prescribed officers             
SD Bailey3,879
2,560


37
1,160
18,087
5,917

31,640
2,190


CE Carter(6)

2,791
5,524


2,277



10,592
733
3,719
2,322
PD Chenard(7)
2,933
3,900

1,270

1,729
18,362

19,356
47,550
3,292


GJ Ehm
9,074
251

163
611
25,329
33,064

68,492
4,742
3,286
2,096
L Eybers1,377
7,945
251
1,135
64
2,310
25,054
29,160

67,296
4,659
2,511
1,680
DC Noko(6)
869
396
117

17
1,110



2,509
174
2,846
1,642
S Ntuli4,607
2,871
631

36
343
21,041
7,526

37,055
2,565


ME Sanz Perez4,481
3,184
958

169
68
20,567
26,447

55,874
3,868
2,833
1,637
CB Sheppard(6)
1,159
528
160

169
830



2,846
197
2,961
1,413
TR Sibisi4,944
2,337
910

158
61
19,638
22,713

50,761
3,514
2,699
1,126
Total prescribed officers24,249
35,586
8,802
2,405
813
10,499
148,078
124,827
19,356
374,615
25,934
20,855
11,916

Notes:
(1) 
Salaries are disclosed onlySalary denominated in USD/AUD for the period from orglobal roles and responsibilities converted to which office is held, and include car allowances where applicable.ZAR on payment date.
(2) 
The performance related payments are calculated on the year’s financial results.
(3)
IncludesOther benefits include health care, pension allowance, cash in lieu of dividends, vested CIP match awards, group personal accident, disability, funeral cover, accommodation allowance, airfare and funeral cover.surplus leave encashed. Surplus leave days accrued are automatically encashed unless work requirements allow for carry over.
(3)
The fair value of the DSP comprises of a cash bonus and share awards for the year ended 31 December 2019 with the cash bonus payable in February 2020 and the share awards allocated in February 2020, vesting over a 5-year period in equal tranches.
(4) 
Values have been converted usingThe fair value of the average annual exchange rate for 2017: R13.3014:$CSLTIP granted in 2017 with a 3-year performance period ended 31 December 2019. The awards vested on 1 (2016: R14.6812:$1; 2015: R12.7719: $1).March 2020.
(5) 
Benefits for 2017 for CE Carter includePD Chenard was awarded a dependent’s scholarshipsign-on award of $2,500.ZAR19.36m at start date,1 April 2019, of which ZAR6.33m will be settled in cash with 50% payable upfront, the balance on 1 April 2020 and ZAR13.03m will be settled in shares to vest over a 2 year period in equal tranches in accordance with the JSE Listing requirements.
(6) 
L Eybers was appointed prescribed officerAll salary payments (including salary, performance related payments, pension and other benefits) for CE Carter (retired 28 March 2019), DC Noko (retired 28 February 2019) and CB Sheppard (retired 15 March 2019) are pro-rated in accordance with effect from 22 February 2017.their retirement dates.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

32    Related parties (continued)
Directors and other key management personnel (continued)

Number of options and awards granted
 
Balance at
1 January 2017

 
Granted
during 2017

 
Exercised
during 2017

 
Lapsed
during
2017

 
Balance as at
31 December
2017
(1) 

 
Vested
balance at
31 December
2017

Executive Directors           
S Venkatakrishnan689,087
 72,118
 
 89,553
 671,652  343,678
KC Ramon211,785
 42,878
 
 37,099
 217,564  44,887
Total Executive Directors900,872
 114,996
 
 126,652
 889,216  388,565
Prescribed Officers           
CE Carter250,386
 38,600
 58,260
 51,426
 179,300  
GJ Ehm331,354
 33,580
 31,172
 59,637
 274,125  105,508
L Eybers58,563
 18,101
 
 11,179
 65,485  17,280
DC Noko244,592
 27,626
 
 40,299
 231,919  100,410
ME Sanz Perez205,213
 29,398
 
 42,538
 192,073  59,244
CB Sheppard27,552
 29,205
 
 
 56,757  5,076
TR Sibisi
 23,621
 
 
 23,621  
Retired prescribed officer475,616
 
 214,256
 261,360
   
Total Prescribed Officers1,593,276

200,131

303,688

466,439
 1,023,280  287,518
Other6,139,505

1,611,422

1,527,167

1,138,367

5,085,393  1,735,705
Total share incentive scheme8,633,653
 1,926,549

1,830,855
 1,731,458
 6,997,889  2,411,788
(1)(7) 
The latest expiryAll salary payments (including salary, performance related payments, pension and other benefits) for PD Chenard are pro-rated in accordance with his start date, 1 April 2019.
(8)
Convenience conversion to USD at the year-to-date average exchange rate of all options/awards granted and outstanding at 31 December$1:R14.445 (2018: $1:R13.247; 2017 is 1 March 2027 (2016: 1 March 2026; 2015: 3 March 2025)$1:R13.301).

Subsequent to year end and up to 16 March 2018, options/awards exercised by Executive Directors and Prescribed Officers, are for Charles Carter who exercised 87,852 awards for a pre-tax gain of $723,854 and Graham Ehm who exercised 46,316 awards for a pre-tax gain of $392,431.

Awards granted since 2005 have been granted at no cost to participants.

Non-Executive Directors are not eligible to participate in the share incentive scheme.

Number of CSLTIP awards granted:
 
Balance at
1 January 2017

 
Granted
during 2017

 
Exercised
during 2017

 
Lapsed
during
2017

 
Balance as at
31 December
2017

Executive Directors         
S Venkatakrishnan120,000
 174,872
 
 
 294,872
KC Ramon120,000
 110,595
 
 
 230,595
Total Executive Directors240,000
 285,467
 
 
 525,467
Prescribed Officers         
CE Carter120,000
 110,595
 
 
 230,595
GJ Ehm120,000
 110,595
 
 
 230,595
L Eybers20,000
 97,535
 
 
 117,535
DC Noko120,000
 88,850
 
 
 208,850
ME Sanz Perez120,000
 88,463
 
 
 208,463
CB Sheppard120,000
 93,928
 
 
 213,928
TR Sibisi120,000
 75,971
 
 
 195,971
Retired prescribed officer120,000
 
 17,497
 102,503
 
Total Prescribed Officers860,000
 665,937
 17,497
 102,503
 1,405,937
Other1,364,630
 1,621,033
 42,355
 405,094

2,538,214
Total share incentive scheme2,464,630
 2,572,437
 59,852
 507,597
 4,469,618




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

32    Related parties (continued)
Directors and other key management personnel (continued)

Awards granted in respect of the previous year’s financial results:33RELATED PARTIES (continued)
Directors and other key management personnel (continued)


Total cash equivalent received reconciliationSingle total figure remunerationAwards earned during the period reflected but not yet settledDSP 2018 cash portion settled
BSP, CIP and LTIP share awards settledSign-on cash settledSign-on shares settledTotal cash equivalent received
DSP 2019 awards(1)

CSLTIP 2017 awards(2)

Sign-on awards granted(3)

Grant fair value(4)

Market movement since grant date(4)

Vesting fair value(4)

Grant fair value(4)

Currency movement since grant date(4)

Settlement fair value(4)

Grant fair value(4)

Market movement since grant date(4)

Vesting fair value(4)

20192018
2017
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
ZAR '000
USD '000(5)

USD '000(5)

USD '000(5)

Executive directors 
KPM Dushnisky90,544
(61,842)

7,119



17,616
(1,010)16,606
20,188
18,357
38,545
90,972
6,298
550

KC Ramon73,631
(29,135)(33,064)
8,378
21,504
2,849
24,353






44,163
3,057
1,936
1,515
Total executive directors164,175
(90,977)(33,064)
15,497
21,504
2,849
24,353
17,616
(1,010)16,606
20,188
18,357
38,545
135,135
9,355
2,486
1,515
Total(1)
 Total 

2017 2016
Executive Directors   
S Venkatakrishnan72,118
 49,962
KC Ramon42,878
 30,323
114,996
 80,285
Prescribed Officers   
Prescribed officers 
SD Bailey31,640
(18,087)(5,917)
2,613
4,066
724
4,789






15,038
1,041


CE Carter38,600
 36,666
10,592



8,778
26,276
3,913
30,188






49,558
3,431
1,967
1,907
PD Chenard47,550
(18,362)
(16,191)









12,997
900


GJ Ehm33,580
 31,602
68,492
(25,329)(33,064)
7,113
19,622
(198)19,424






36,636
2,536
1,751
1,758
L Eybers18,101
 
67,296
(25,054)(29,160)
6,701
7,463
2,825
10,289






30,072
2,082
1,233
1,101
DC Noko27,626
 20,080
2,509



5,851
24,906
4,316
29,222






37,582
2,602
1,436
1,381
S Ntuli37,055
(21,041)(7,526)
3,269
3,956
1,046
5,002






16,759
1,160


ME Sanz Perez29,398
 19,992
55,874
(20,567)(26,447)
5,864
18,839
1,460
20,299






35,023
2,425
1,399
1,350
CB Sheppard29,205
 10,152
2,846



6,186
25,446
4,338
29,783






38,815
2,687
1,146
887
TR Sibisi23,621
 
50,761
(19,638)(22,713)
5,495
17,709
876
18,585






32,490
2,249
886
674
Retired prescribed officer
 63,828
200,131
 182,320
Total awards to executive management315,127
 262,605
Total prescribed officers374,615
(148,078)(124,827)(16,191)51,870
148,283
19,300
167,581






304,970
21,113
9,818
9,058

Notes:
(1) 
RelatesThe fair value of the DSP comprises of a cash bonus and share awards for the year ended 31 December 2019 with the cash bonus payable in February 2020 and the share awards allocated in February 2020, vesting over a 5-year period in equal tranches.
(2)
The fair value of the CSLTIP granted in 2017 with a 3-year performance period ended 31 December 2019. The awards vested on 1 March 2020.
(3)
PD Chenard was awarded a sign-on award of ZAR19.36m at start date,1 April 2019, of which ZAR6.33m will be settled in cash with 50% payable upfront, the balance on 1 April 2020 and ZAR13.03m will be settled in shares to vest over a 2 year period in equal tranches in accordance with the JSE Listing requirements.
(4)
Reflects the sum of all the grant fair value, the sum of all the share price movements since grant to vesting date and the sum of all the vesting fair value for the vested CSLTIP 2016, vested BSP 172017 and 2018, vested CIP 2017 and 2018 vested sign-on share awards that were issuedand difference in the currency movements for the vested sign-on cash settled award. These values include awards vested early for CE Carter, DC Noko and CB Sheppard in accordance with their retirement dates as per as per scheme rules.
(5)
Convenience conversion to USD at the year-to-date average exchange rate of $1:R14.445 (2018: $1:R13.247; 2017: $1:R13.301).












NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


Directors and other key management personnel (continued)

33    RELATED PARTIES (continued)
Directors and other key management personnel (continued)


Details of the share incentive scheme awards are included below.
BSP awards
 
Balance at
1 January 2019

Granted
Vested, deemed settled
Forfeited/ Lapsed
Balance at
31 December 2019

 Fair value of granted awards(1)

 Fair value of vested awards(2)

Fair value of unvested awards at 31 December 2019(3)

      ZAR'000
ZAR'000
ZAR'000
         
Executive Directors        
KPM Dushnisky







KC Ramon77,073

49,256

27,817

10,034
8,804
Total executive directors77,073

49,256

27,817

10,034
8,804
Prescribed officers        
SD Bailey22,549

14,243

8,306

2,903
2,629
CE Carter(4)
67,173

58,055
9,118


11,664

PD Chenard







GJ Ehm62,783

39,786

22,997

8,109
7,279
L Eybers53,626

31,338

22,288

6,419
7,054
DC Noko(4)
52,531

44,415
8,116


9,070

S Ntuli28,221

17,584

10,637

3,587
3,367
ME Sanz Perez52,842

33,770

19,072

6,879
6,036
CB Sheppard(4)
55,534

47,374
8,160


9,584

TR Sibisi47,221

29,516

17,705

6,021
5,604
Total prescribed officers442,480

316,081
25,394
101,005

64,236
31,969
Other Management2,482,900

1,595,362
70,586
816,952

321,706
258,565
Total BSP awards3,002,453

1,960,699
95,980
945,774

395,976
299,338

Notes
(1)
The fair value of granted awards represents the value of awards, calculated using a five-business day volume weighted average share price prior to the Annual General Meeting on 16 May 2017.grant date. Closed scheme, no awards granted in 2019.
(2)
The fair value of vested awards represents the value deemed received on settlement date.
(3)
The fair value of unvested awards is calculated using the closing share price as at 31 December.
(4)
Includes awards vested early and lapsed for CE Carter, DC Noko and CB Sheppard in accordance with their retirement dates as per scheme rules.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


Directors and other key management personnel (continued)

33    RELATED PARTIES (continued)

Details of the share incentive scheme awards are included below.
LTIP awards
 
Balance at
1 January 2019

Granted
Vested, deemed settled
Forfeited/ Lapsed
Balance at
31 December 2019

 Fair value of granted awards(1)

 Fair value of vested awards(2)

Fair value of unvested awards at 31 December 2019(3)

      ZAR '000
ZAR '000
ZAR '000
         
Executive directors        
KPM Dushnisky







KC Ramon230,595

56,760
63,240
110,595

11,315
35,003
Total executive directors230,595

56,760
63,240
110,595

11,315
35,003
         
Prescribed officers        
SD Bailey39,793

9,460
10,540
19,793

1,886
6,264
CE Carter(4)
230,595

93,205
137,390


18,349

PD Chenard


 



GJ Ehm230,595

56,760
63,240
110,595

11,315
35,003
L Eybers117,535

9,460
10,540
97,535

1,886
30,870
DC Noko(4)
208,850

85,036
123,814


17,178

S Ntuli40,173

7,095
7,905
25,173

1,414
7,967
ME Sanz Perez208,463

56,760
63,240
88,463

11,315
27,999
CB Sheppard(4)
213,928

87,220
126,708


17,344

TR Sibisi195,971

56,760
63,240
75,971

11,315
24,045
Total prescribed officers1,485,903

461,756
606,617
417,530

92,002
132,148
Other Management2,099,263

510,922
635,904
952,437

101,852
301,446
Total LTIP awards3,815,761

1,029,438
1,305,761
1,480,562

205,169
468,597

Notes
(1)
The fair value of granted awards represents the value of awards, calculated using a five-business day volume weighted average share price prior to grant date. Closed scheme, no awards granted in 2019.
(2)
The fair value of vested awards represents the value deemed received on settlement date.
(3)
The fair value of unvested awards is calculated using the closing share price as at 31 December.
(4)
Includes awards vested early and lapsed for CE Carter, DC Noko and CB Sheppard in accordance with their retirement dates as per scheme rules.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


Directors and other key management personnel (continued)

33    RELATED PARTIES (continued)

CIP matched awards
 
Balance at
1 January 2019

Granted
Matched
Forfeited/ Lapsed
Balance at
31 December 2019

 Fair value of granted awards(1)

 Fair value of matched awards(2)

Fair value of unvested matched at
31 December 2019(3)

      ZAR '000
ZAR '000
ZAR '000
         
Executive directors        
KPM Dushnisky







KC Ramon23,270

14,795

8,475

3,004
2,682
Total executive directors23,270

14,795

8,475

3,004
2,682
         
Prescribed officers        
SD Bailey







CE Carter949

949



175

PD Chenard


 



GJ Ehm(4)
16,500


16,500




L Eybers16,788

10,198

6,590

1,983
2,086
DC Noko(5)
15,370

15,370



2,974

S Ntuli







ME Sanz Perez16,039

10,297

5,742

2,104
1,817
CB Sheppard(5)
14,358

14,358



2,855

TR Sibisi9,304

6,184

3,120

1,249
987
Total prescribed officers89,308

57,356
16,500
15,452

11,340
4,890
Other Management







Total CIP awards112,578

72,151
16,500
23,927

14,344
7,572

Notes
(1)
The fair value of granted awards represents the value of awards, calculated using the original investment share price on purchase date. Closed scheme, no awards granted in 2019.
(2)
The fair value of matched awards represents the value received on settlement dates.
(3)
The fair value of unvested awards is calculated using the closing share price as at 31 December.
(4)
These awards lapsed for GJ Ehm in line with the scheme rules.
(5)
Includes awards vested early for DC Noko and CB Sheppard in accordance with their retirement dates as per scheme rules.

Sign-on share awards
 
Balance at
1 January 2019

Granted
Vested deemed settled
Forfeited/ Lapsed
Balance at
31 December 2019

 Fair value of granted awards(1)

 Fair value of vested awards(2)

Fair value of unvested awards at
31 December 2019(3)

      ZAR '000
ZAR '000
ZAR '000
         
Executive directors        
KPM Dushnisky351,755

175,877

175,878

38,545
55,665
Total executive directors351,755

175,877

175,878

38,545
55,665
Prescribed officers        
PD Chenard
64,951


64,951
13,026

20,557
Total prescribed officers
64,951


64,951
13,026

20,557
Total Sign-on share awards351,755
64,951
175,877

240,829
13,026
38,545
76,222

Notes
(1)
The fair value of granted awards represents the value of awards, calculated using a five-business day volume weighted average share price prior to grant date. The share awards were granted on start date and will vest over a 2-year period in equal tranches in accordance with the JSE Listing requirements.
(2)
The fair value of KPM Dushnisky's vested awards represents the value received on settlement dates,20 and 21 February 2019.
(3)
The fair value of unvested awards is calculated using the closing share price as at 31 December.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


Directors and other key management personnel (continued)

33    RELATED PARTIES (continued)

DSP awards

Subsequent to year end and up to the date of this report, the following DSP awards were granted to executive directors and prescribed officers:
 
Balance at
1 January 2019

Granted
Vested, deemed settled
Forfeited/ Lapsed
Balance at
31 December 2019

 Fair value of granted awards(1)

 Fair value of vested awards(2)

Fair value of unvested awards at
31 December 2019(3)

      ZAR '000
ZAR '000
ZAR '000
         
Executive directors        
KPM Dushnisky
67,742


67,742
13,848

21,440
KC Ramon
89,782


89,782
18,353

28,416
Total executive directors
157,524


157,524
32,201

49,856
         
Prescribed officers        
SD Bailey
19,196


19,196
3,924

6,076
CE Carter
98,451


98,451
20,125

31,160
PD Chenard







GJ Ehm
82,037


82,037
16,770

25,965
L Eybers
77,380


77,380
15,818

24,491
DC Noko
67,548


67,548
13,808

21,379
S Ntuli
24,006


24,006
4,907

7,598
ME Sanz Perez
67,712


67,712
13,842

21,431
CB Sheppard
71,409


71,409
14,597

22,601
TR Sibisi
63,424


63,424
12,965

20,074
Total prescribed officers
571,163


571,163
116,756

180,775
Other Management
940,504
14,623
55,208
870,673
192,258
4,269
275,568
Total DSP awards
1,669,191
14,623
55,208
1,599,360
341,215
4,269
506,199

Notes
(1)
The fair value of granted awards represents the value of awards, calculated using a five-business day volume weighted average share price prior to grant date, 21 February 2019.
(2)
The fair value of vested awards represents the value deemed received on settlement date.
(3)
The fair value of unvested awards is calculated using the closing share price as at 31 December.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


Directors and other key management personnel (continued)

33    RELATED PARTIES (continued)

Non-Executive Director remuneration
The table below details the fees and allowances paid to Non-Executive Directors:

Non-Executive Directors’ fees and allowances
  
Figures in
thousands(1)

 
Figures in
thousands(1)

 
Figures in thousands(1)

Figures in thousands(1)

Director
fees

 
Committee
fees

 
Travel
allowance

 Total
 Total
 Total
Director fees
Committee fees
Travel allowance
Total
Total
Total
US Dollars(1)
2017 2016
 2015
2019 2019
2018
2017
SM Pityana (Chairman)312,500
 59,750
 
 372,250
 378
 411
303,000
73,750
10,000
386,750
441
372
AH Garner123,500
 43,500
 33,750
 200,750
 200
 204
123,500
37,000
35,000
195,500
200
201
MJ Kirkwood123,500
 68,500
 38,750
 230,750
 249
 242
AM Ferguson(2)
123,500
50,500
42,500
216,500
52

DL Hodgson(3)
33,500
13,500

47,000
190
167
JE Tilk(2)
123,500
47,000
60,000
230,500


M Ramos(4)
70,000
30,500
6,250
106,750


MDC Richter123,500
71,750
35,000
230,250
235
203
MJ Kirkwood(3)
33,500
22,250
6,250
62,000
247
231
NP January-Bardill123,500
 56,000
 
 179,500
 189
 189
123,500
56,000
6,250
185,750
198
180
R Gasant123,500
 58,500
 
 182,000
 193
 195
123,500
63,500
6,250
193,250
229
182
RJ Ruston123,500
 56,000
 32,500
 212,000
 231
 226
123,500
56,000
38,750
218,250
261
212
MDC Richter123,500
 48,500
 31,250
 203,250
 200
 205
DL Hodgson123,500
 43,500
 
 167,000
 176
 180
SV Zilwa(2)
90,000
 45,000
 
 135,000
 
 
Retired non-executive officer(3)
43,500
 33,500
 
 77,000
 256
 260
Total1,310,500
 512,750
 136,250
 1,959,500
 2,072
 2,112
Total Fees For 20191,304,500
521,750
246,250
2,072,500
2,053
1,748

(1) 
Directors’Directors' compensation is disclosed in US dollars.
(2) 
Director joined in April 2017.Director's travel allowance includes travel for site induction.
(3) 
Director retired inDirectors resigned effective 9 May 2017.2019.
(4)
Director joined on 1 June 2019.

Non-Executive Directors do not hold service contracts with the company. Executive Directors do not receive payment of directors'directors’ fees or commitmentcommittee fees.




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)






32    Related parties33     RELATED PARTIES (continued)

Directors’ and Prescribed Officers’ interests in AngloGold Ashanti shares (continued)


The interests of directors, prescribed officers and their associates in the ordinary shares of the company at 31 December, which individually did not exceed 1% of the company’s issued ordinary share capital, were:
31 December 2017 31 December 2016 31 December 2015
31 December 2019
Beneficial holding
 
31 December 2018
Beneficial holding
 
31 December 2017
Beneficial holding
 
Beneficial holding Beneficial holding Beneficial holdingDirect
Indirect
Direct
Indirect
Direct
Indirect
Direct Indirect Direct Indirect Direct Indirect
Non-Executive Directors           
Non-Executive directors      
SM Pityana2,990
 
 2,990
 
 2,000
 
2,990

2,990

2,990

MDC Richter(1)
7,300
 
 7,300
 
 7,300
 
9,300

9,300

7,300

DL Hodgson1,500
 
 1,500
 
 1,500
 
MJ Kirkwood(1)
15,000
 
 15,000
 
 15,000
 
AH Garner(1)
17,500

17,500

7,500

RJ Ruston(2)

 1,000
 
 1,000
 
 1,000

1,000

1,000

1,000
AH Garner(1)
7,500
 
 
 
 
 
Retired director
 
 3,000
 
 3,000
 
Total34,290

1,000

29,790

1,000

28,800

1,000
29,790
1,000
29,790
1,000
17,790
1,000
Executive Directors           
S Venkatakrishnan236,468
 
 213,423
 
 205,939
 
Executive directors      
KPM Dushnisky (1)
131,730

50,000



KC Ramon28,265
 
 12,334
 
 3,104
 
59,124

51,062

28,265

Total264,733
 
 225,757
 
 209,043
 
190,854

101,062

28,265

Company Secretary                 
ME Sanz Perez13,994
 16,368
 7,921
 12,747
 10,471
 8,860
31,815
16,368
26,204
16,368
13,994
16,368
Total13,994
 16,368
 7,921
 12,747
 10,471
 8,860
31,815
16,368
26,204
16,368
13,994
16,368
Prescribed Officers           
CE Carter50,800
 
 43,229
 
 39,560
 
Prescribed officers      
SD Bailey(1)
1,190





GJ Ehm(2)
30,319
 16,213
 33,782
 
 22,532
 
35,058
16,213
35,058
16,213
30,319
16,213
L Eybers4,812
 
 
 
 
 
18,164

17,207

4,812

DC Noko41,244
 
 28,015
 
 17,086
 
CB Sheppard5,344
 
 
 
 
 
TR Sibisi4,085
 
 
 
 
 
13,283

9,914

4,085

Retired prescribed officers
 
 44,470
 
 34,298
 13,204
Total136,604
 16,213
 149,496
 
 113,476
 13,204
67,695
16,213
62,179
16,213
39,216
16,213
Grand total449,621
 33,581
 412,964
 13,747
 361,790
 23,064
320,154
33,581
219,235
33,581
99,265
33,581

(1) 
Held on the New York stock exchange as American Depositary Shares (ADSs) (1 ADS is equivalent to 1 ordinary share)
(2) 
Held on the Australian stock exchange as CHESS Depositary Receipts (5 CDIs are equivalent to 1 ordinary share)

A register detailing Directors and Prescribed Officers’ interests in contracts is available for inspection at the company’s registered and corporate office.








NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)






32    Related parties33     RELATED PARTIES (continued)

Directors’ and Prescribed Officers’ interests in AngloGold Ashanti shares(continued)


Changes in Directors’Directors' and Prescribed Officers’Officers' interests in AngloGold Ashanti shares, excluding options and awards granted in terms of the group’s BSP and LTIP schemes, after 31 December 2017 and up to 16 March 20182019 include:

 
Date of
transaction
Type of transaction
Number
of shares
 
Direct/Indirect
beneficial
holdings
holding
Executive Directors    
KPM Dushnisky26 February 2020On-market purchase in respect of the sign-on award87,939 Direct
S Venkatakrishnan6 March 201826 February 2020On-market sale of ordinary shares to settle tax costs47,488 Direct
KC Ramon27 February 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan11,632
8,475
 Direct
 28 February 2020On-market sale of ordinary shares to settle tax costs3,857Direct
2 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Long-Term Incentive Plan52,234Direct
  On-market sale of ordinary shares to settle tax costs5,293
24,027
 Direct
KC Ramon26 February 2018Company Secretary 
ME Sanz Perez27 February 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan5,177
5,742
 Direct
 2728 February 20182020On-market sale of ordinary shares to settle tax costs2,613 Direct
2 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Long-Term Incentive Plan41,781Direct
On-market sale of ordinary shares to settle tax costs19,219Direct
Prescribed officers
SD Bailey2 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Long-Term Incentive Plan9,348Direct
On-market sale of ordinary shares to settle tax costs4,300Direct
GJ Ehm2 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Long-Term Incentive Plan52,234Direct
On-market sale of ordinary shares to settle tax costs24,027Direct
L Eybers2 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Long-Term Incentive Plan46,065Direct
3 March 2020On-market sale of ordinary shares to settle tax costs21,190Direct
9 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan6,320
6,590
 Direct
 On-market sale of ordinary shares to settle tax costs2,999Direct
S Ntuli2 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Long-Term Incentive Plan11,889Direct
On-market sale of ordinary shares to settle tax costs5,468Direct
TR Sibisi2 March 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Long-Term Incentive Plan35,881Direct
On-market sale of ordinary shares to settle tax costs16,505Direct
  On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan11,300
3,120
 Direct
Company Secretary
ME Sanz Perez27 February 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan7,656
Direct
28 February 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan4,554
Direct
Prescribed Officers
CE Carter7 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan948
Direct
GJ Ehm5 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan4,500
Direct
6 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan8,000
Direct
L Eybers9 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan8,786
Direct
16 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan3,609
Direct
D Noko27 February 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan7,071
Direct
9 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan8,165
Direct
  On-market sale of ordinary shares to settle tax costs3,716
Direct
CB Sheppard1 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan6,900
Direct
15 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan4,008
Direct
On-market sale of ordinary shares to settle tax costs1,824
Direct
TR Sibisi28 February 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan3,063
Direct
On-market sale of ordinary shares to settle tax costs1,394
Direct
1 March 2018On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan4,160
1,420
 Direct



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

33    CONTRACTUAL COMMITMENTS AND CONTINGENCIES

Operating Leases

 US Dollars
Figures in millions2017
 2016
 2015
      
Operating leases     
At 31 December 2017, the group was committed to making the following payments in respect of operating leases for, amongst others, the hire of plant and equipment and land and buildings. Certain contracts contain renewal options and escalation clauses for various periods of time.     
Expiry:     
- less than one year45
 47
 34
- between one and three years38
 36
 69
- between three and five years7
 5
 10
 90
 88
 113

Operating lease charges included in profit before taxation amounts to $247m (2016: $198m; 2015: $149m).

Finance leases

The group has finance leases for plant and equipment and buildings. The leases for plant and equipment and buildings have terms of renewal but no purchase options. Future minimum lease payments under finance lease contracts together with the present value of the net minimum lease payments are as follows:
  
Minimum
payments

 
Present
value of
payments

 
Minimum
payments

 
Present
value of
payments

 
Minimum
payments

 
Present
value of
payments

US Dollars million 2017 2016 2015
Less than one year 14
 8
 12
 6
 11
 5
Between one and three years 27
 18
 25
 15
 22
 12
Between three and five years 24
 17
 26
 18
 24
 15
More than five years 54
 35
 63
 38
 76
 49
Total minimum lease payments 119
 78
 126
 77
 133
 81
Amounts representing finance charges (41) 
 (49) 
 (52) 
Present value of minimum lease payments 78
 78
 77
 77
 81
 81
             
        US Dollars
Figures in millions       2017
 2016
 2015
             
Capital commitments            
Acquisition of tangible assets            
Contracted for       87
 58
 61
Not contracted for       113
 587
 856
Authorised by the directors       200
 645
 917
Allocated to:            
Project capital            
- within one year       104
 252
 134
- thereafter       
 255
 402
        104
 507
 536
Stay-in-business capital            
- within one year       84
 135
 249
- thereafter       12
 3
 132
  96
 138
 381
Share of underlying capital commitments of joint ventures included above 21
 138
 27
Purchase obligations            
Contracted for            
- within one year       274
 605
 529
- thereafter       424
 269
 88
        698
 874
 617

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)





34    CONTRACTUAL COMMITMENTS AND CONTINGENCIES

  US Dollars
Figures in millions 2019
 2018
 2017
       
Capital commitments      
Acquisition of tangible assets      
Contracted for 161
 99
 87
Not contracted for 426
 792
 113
Authorised by the directors (1)
 587
 891
 200
Allocated to:      
Project capital      
- within one year 288
 446
 104
- thereafter 162
 308
 
  450
 754
 104
Stay-in-business capital      
- within one year 117
 125
 84
- thereafter 20
 12
 12
  137
 137
 96
Share of underlying capital commitments of joint ventures included above 2
 91
 21
Purchase obligations (2)
      
Contracted for      
- within one year 506
 305
 274
- thereafter 579
 658
 424
  1,085
 963
 698

33    Contractual commitments and contingencies ((1) continuedIncludes $59m (2018: $90m; 2017: $54m) relating to discontinued operations.

(2) )Includes $8m (2018: $25m; 2017: $54m) relating to discontinued operations.


Purchase obligations

Purchase obligations represent contractual obligations for the purchase of mining contract services, power, supplies, consumables, inventories, explosives and activated carbon.

To service these capital commitments, purchase obligations and other operational requirements, the group is dependent on existing cash resources, cash generated from operations and borrowing facilities.

Cash generated from operations is subject to operational, market and other risks. Distributions from operations may be subject to foreign investment, exchange control laws and regulations, and the quantity of foreign exchange available in offshore countries. In addition, distributions from joint ventures are subject to the relevant board approval.

The credit facilities and other finance arrangements contain financial covenants and other similar undertakings. To the extent that external borrowings are required, the group’s covenant performance indicates that existing financing facilities will be available to meet the commitments detailed above. To the extent that any of the financing facilities mature in the near future, the group believes that sufficient measures are in place to ensure that these facilities can be refinanced.

Contingencies
 US Dollars
Figures in millions2017
 2016
 2015
Contingent liabilities     
Litigation - Ghana(1)(2)
97
 97
 97
Litigation - North America (3)

 
 
Tax disputes - Brazil (4)
24
 15
 11
Tax dispute - AngloGold Ashanti Colombia S.A.(5)
150
 141
 128
Tax dispute - Cerro Vanguardia S.A.(6)
27
 29
 32
Groundwater pollution(7)

 
 
Deep groundwater pollution - Africa(8)

 
 
 298
 282
 268
 US Dollars
Figures in millions2019
 2018
 2017
Contingent liabilities     
Litigation - Ghana(1)(2)
97
 97
 97
Litigation - North America (3)

 
 
Groundwater pollution(4)

 
 
Deep groundwater pollution - Africa(5)

 
 
 97
 97
 97





NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

3332    Contractual commitments and contingencies (continued)

Contingent liabilities

Litigation claims

(1) 
Litigation - On 11 October 2011, AngloGold Ashanti (Ghana) Limited (AGAG) terminated Mining and Building Contractors Limited’s (MBC) underground development agreement, construction on bulkheads agreement and diamond drilling agreement at Obuasi mine. The parties reached agreement on the terms of the separation and concluded a separation agreement on 8 November 2012. On 20 February 2014, AGAG was served with a demand issued by MBC claiming a total of $97m. In December 2015, the proceedings were stayed in the High Court pending arbitration. In February 2016, MBC submitted the matter to arbitration. The arbitration panel has been constituted and on 26 July 2019 held an arbitration management meeting to address initial procedural matters.

(2) 
Litigation - AGAG received a summons on 2 April 2013 from Abdul Waliyu and 152 others in which the plaintiffs allege that they were or are residents of the Obuasi municipality or its suburbs and that their health has been adversely affected by emission and/or other environmental impacts arising in connection with the current and/or historical operations of the Pompora Treatment Plant (PTP), which was decommissioned in 2000. The plaintiffs’ alleged injuries include respiratory infections, skin diseases and certain cancers. The plaintiffs subsequently did not timely file their application for directions, but AGAG intends to allow some time to pass prior to applying to have the matter struck out for want of prosecution.directions. On 24 February 2014, executive members of the PTP (AGAG) Smoke Effect Association (PASEA), sued AGAG by themselves and on behalf of their members (undisclosed number) on grounds similar to those discussed above, as well as economic hardships as a result of constant failure of their crops. This matter has been adjourned indefinitely. AGAG intends to allow some time to pass prior to applying to have the matter struck out for want of prosecution. In view of the limitation of current information for the accurate estimation of a liability, no reliable estimate can be made for AGAG’s obligation in either matter.

(3) 
Litigation - On 19 October 2017, Newmont Mining Co. filed a lawsuit in the United States District Court for the Southern District of New York against AngloGold Ashanti and certain related parties, alleging that AngloGold Ashanti and such parties did not provide Newmont with certain information relevantmaterial to its purchase of the Cripple Creek & Victor Gold Mining Company in 2015 during the negotiation- and-sale process. During November 2019, the AngloGold Ashanti believesdefendants filed two motions for summary judgement with the lawsuit is without meritCourt, requesting the dismissal of all causes of actions against all defendants.  On 18 March 2020, the Court granted the motions, dismissed all causes of actions and intendsordered the case to vigorously defend against it. The matter is proceeding. In viewbe closed. Newmont Mining Co. has 30 days from the date of the limitation of current information fororder to file an appeal to the accurate estimation of a liability, no reliable estimate can be made for the obligation.Court's decision.

Tax claims

(4)
Tax disputes - AngloGold Ashanti Limited’s subsidiaries in Brazil are involved in various disputes with tax authorities. These disputes involve federal tax assessments including income tax, royalties, social contributions, VAT and annual property tax. In December 2017, new VAT assessments of $14m were received. Collectively, the possible amount involved is approximately $24m (2016: $15m, 2015: $11m). Management is of the opinion that these taxes are not payable.

(5)
Tax dispute - In January 2013, AngloGold Ashanti Colombia S.A. (AGAC) received notice from the Colombian Tax Office (DIAN) that it disagreed with the company’s tax treatment of certain items in the 2010 and 2011 income tax returns. On 23 October 2013, AGAC received the official assessments from the DIAN which established that an estimated additional tax of $21m (2016: $21m, 2015: $20m) will be payable if the tax returns are amended. Penalties and interest for the additional taxes are expected to be $129m (2016: $120m, 2015: $108m).The Company believes that the DIAN has applied the tax legislation incorrectly. AGAC subsequently challenged the DIAN’s ruling by filing lawsuits in March 2015 and April 2015 before the Administrative Tribunal of Cundinamarca (the trial court for tax litigation). Closing arguments on the tax disputes were presented in February and June 2017 and judgement is pending.

(6)
Tax dispute - On 12 July 2013, Cerro Vanguardia S.A. (CVSA) received a notification from the Argentina Tax Authority (AFIP) requesting corrections to the 2007, 2008 and 2009 income tax returns of about $6m (2016: $7m, 2015: $8m) relating to the non-deduction of tax losses previously claimed on hedge contracts. The AFIP is of the view that the financial derivatives could not be considered as hedge contracts, as hedge contract losses could only be offset against gains derived from the same kind of hedging contracts. Penalties and interest on the disputed amounts are estimated at a further $21m (2016: $22m, 2015: $24m). CVSA and AFIP have corresponded on this issue over the past several years and while management is of the opinion that the taxes are not payable, the government continues to assert its position regarding the use of the financial derivatives. CVSA filed an appeal with the Tax Court on 19 June 2015, and the parties submitted their final reports in July 2017. The matter is pending with the Tax Court.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

33    Contractual commitmentsFor a discussion on tax claims and contingencies (continued)

Contingent liabilities (continued)tax uncertainties refer to note 12.

Other

(7)(4) 
Groundwater pollution - AngloGold Ashanti has identified groundwater contamination plumes at certain of its operations, which have occurred primarily as a result of seepage from mine residue stockpiles. Numerous scientific, technical and legal studies have been undertaken to assist in determining the magnitude of the contamination and to find sustainable remediation solutions. The group has instituted processes to reduce future potential seepage and it has been demonstrated that Monitored Natural Attenuation (MNA) by the existing environment will contribute to improvements in some instances. Furthermore, literature reviews, field trials and base line modelling techniques suggest, but have not yet proven, that the use of phyto-technologies can address the soil and groundwater contamination. Subject to the completion of trials and the technology being a proven remediation technique, no reliable estimate can be made for the obligation.

(8)(5) 
Deep groundwater pollution - The group has identified potential water ingress and future pollution risk posed by deep groundwater in certain underground mines in Africa. Various studies have been undertaken by AngloGold Ashanti since 1999 to understand this potential risk.  In South Africa, due to the interconnected nature of mining operations, any proposed solution needs to be a combined one supported by all the mines located in these gold fields. As a result, the Mineral and Petroleum Resources Development Act (MPRDA) requires that the affected mining companies develop a Regional Mine Closure Strategy to be approved by the Department of Mineral Resources. In view of the limitation of current information for the accurate estimation of a liability, no reliable estimate can be made for the obligation.




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


3435    FINANCIAL RISK MANAGEMENT ACTIVITIES

In the normal course of its operations, the group is exposed to gold price, other commodity price, foreign exchange, interest rate, liquidity, equity price (deemed to be immaterial) and credit risks. In order to manage these risks, the group may enter into transactions which make use of both on- and off-balance sheet derivatives. The group does not acquire, hold or issue derivatives for speculative purposes. The group has developed a comprehensive risk management process to facilitate, control and monitor these risks. The board has approved and monitors this risk management process, inclusive of documented treasury policies, counterparty limits and controlling and reporting structures.

Managing risk in the group

Risk management activities within the group are the ultimate responsibility of the board of directors. The Chief Financial Officer is responsible to the board of directors for the design, implementation and monitoring of the risk management plan. The Audit and Risk Committee is responsible for overseeing risk management plans and systems, as well as financial risks which include a review of treasury activities and the group’s counterparties.

The financial risk management objectives of the group are defined as follows:
safeguarding the group’s core earnings stream from its major assets through the effective control and management of gold price risk, other commodity risk, foreign exchange risk and interest rate risk;
effective and efficient usage of credit facilities in both the short and long-term through the adoption of reliable liquidity management planning and procedures;
ensuring that investment and hedging transactions are undertaken with creditworthy counterparties; and
ensuring that all contracts and agreements related to risk management activities are co-ordinated, consistent throughout the group and that they comply where necessary with all relevant regulatory and statutory requirements.

Gold price and foreign exchange risk

Gold price risk arises from the risk of an adverse effect on current or future earnings resulting from fluctuations in the price of gold. The group has transactional foreign exchange exposures, which arise from sales or purchases by an operating unit in currencies other than the unit’s functional currency. The gold market is predominatelypredominantly priced in US dollars which exposes the group to the risk that fluctuations in the SA rand/US dollar, Brazilian real/US dollar, Argentinean peso/US dollar and Australian dollar/US dollar exchange rates may also have an adverse effect on current or future earnings. The group is also exposed to certain by-product commodity price risk.

Net open hedge position as at 31 December 2019

The group had no outstanding commitments against future production potentially settled in cash.


Interest rate and liquidity risk

The group manages liquidity risk by ensuring that there is sufficient committed borrowing and banking facilities after taking into consideration the actual and forecast cash flows, in order to meet the group's short, medium and long term funding and liquidity management requirements.

In the ordinary course of business, the group receives cash from the proceeds of its gold sales and is required to fund its working capital and capital expenditure requirements. This cash is managed to ensure surplus funds are invested in a manner to achieve market-related returns whilst minimising risks. The group is able to actively source financing at competitive rates. The counterparties are financial and banking institutions and their credit ratings are regularly monitored.

The group has sufficient undrawn borrowing facilities available to fund its working capital and capital requirements (notes 2526 and 35)36).

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

3433    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)
The following are the contractual maturities of financial liabilities, including interest payments:

Financial liabilities
 Within one year 
Between
one and two
years
 
Between
two and five years
 After five years Total Within one year 
Between
one and two
years
 
Between
two and five years
 After five years Total
2019 $ millions
 
Effective
rate %
 $ millions
 
Effective
rate %
 $ millions
 
Effective
rate %
 $ millions
 
Effective
rate %
 $ millions
Trade and other payables 586
 15
 
 
 601
Borrowings 802
 185
 1,012
 602
 2,601
- In USD 790
 5.8 132
 6.0 913
 6.1 602
 6.5 2,437
- AUD in USD equivalent 
 2.3 
 2.3 22
 2.3 
  22
- TZS in USD equivalent 6
 12.5 47
 12.5 
  
  53
- ZAR in USD equivalent 6
 8.1 6
 8.1 77
 8.1 
  89
2018         
Trade and other payables 562
 
 
 
 562
Gold and oil derivative contracts 9
 
 
 
 9
Borrowings 133
 836
 1,120
 663
 2,752
- In USD 112
 5.8 790
 5.8 1,025
 6.0 622
 6.5 2,549
- AUD in USD equivalent 7
 6.8 7
 6.8 23
 6.8 26
 6.8 63
- TZS in USD equivalent 5
 12.5 3
 12.5 29
 12.5 
  37
- ZAR in USD equivalent 9
 9.0 36
 9.0 43
 9.7 15
 14.7 103
2017 $ millions
 
Effective
rate %
 $ millions
 
Effective
rate %
 $ millions
 
Effective
rate %
 $ millions
 
Effective
rate %
 $ millions
         
Trade and other payables 615
 
 
 
 615
 615
 
 
 
 615
Borrowings 137
 343
 1,912
 695
 3,087
 137
 343
 1,912
 695
 3,087
- In USD 98
 5.4 145
 5.4 1,643
 5.5 641
 6.5 2,527
 98
 5.4 145
 5.4 1,643
 5.5 641
 6.5 2,527
- AUD in USD equivalent 16
 5.1 174
 5.1 25
 6.8 38
 6.8 253
 16
 5.1 174
 5.1 25
 6.8 38
 6.8 253
- ZAR in USD equivalent 23
 8.9 24
 8.9 244
 9.1 16
 15.5 307
 23
 8.9 24
 8.9 244
 9.1 16
 15.5 307
2016         
Trade and other payables 596
 
 
 
 596
Borrowings 127
 287
 1,155
 1,513
 3,082
- In USD 100
 5.4 100
 5.4 1,023
 5.5 1,449
 5.5 2,672
- AUD in USD equivalent 16
 5.4 89
 5.3 119
 6.0 43
 6.8 267
- ZAR in USD equivalent 11
 8.9 98
 8.9 13
 11.2 21
 14.0 143
2015         
Trade and other payables 503
 
 
 
 503
Borrowings 211
 216
 1,912
 1,581
 3,920
- In USD 140
 5.8 140
 5.8 1,767
 5.9 1,507
 5.5 3,554
- AUD in USD equivalent 11
 5.2 68
 5.2 66
 6.2 51
 6.8 196
- ZAR in USD equivalent 60
 8.2 8
 8.1 79
 8.7 23
 11.8 170

With the implementation of IFRS 16 effective 1 January 2019 the finance lease liabilities historically included in borrowings have been reallocated to lease liabilities. The table below provides a breakdown of the contractual maturities including interest payments of the lease liabilities.
  Within one year Between one and two years Between two and five years After five years Total
2019 $ millions
 Effective rate % $ millions
 Effective rate % $ millions
 Effective rate % $ millions
 Effective rate % $ millions
Lease liabilities 51
   33
   54
   56
   194
  - In USD 22
 7.0 4
 7.0 8
 7.0 1
 7.0 35
  - AUD in USD equivalent 22
 3.5 22
 3.5 42
 3.5 55
 3.5 141
  - BRL in USD equivalent 3
 6.8 3
 6.8 3
 6.8 
  9
  - ZAR in USD equivalent 4
 9.8 4
 9.8 1
 9.8 
  9

Credit risk

Credit risk arises from the risk that a counterparty may default or not meet its obligations timeously. The group minimises credit risk by ensuring that credit risk is spread over a number of counterparties. These counterparties are financial and banking institutions. Counterparty credit limits and exposures are reviewed by the Audit and Risk Committee. Where possible, management ensures that netting agreements are in place. No set-off is applied to the statement of financial position due to the different maturity profiles of assets and liabilities.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

33    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)

The combined maximum credit risk exposure of the group is as follows:
 US Dollars US Dollars
Figures in millions 2017
 2016
 2015
 2019
 2018
 2017
            
Other investments(1) 58
 79
 61
 67
 59
 58
Trade and other receivables 33
 46
 42
 57
 41
 33
Cash restricted for use (note 21) 65
 55
 60
Cash and cash equivalents (note 22) 205
 215
 484
Cash restricted for use (note 23) 64
 66
 65
Cash and cash equivalents (note 24) 456
 329
 205
Total financial assets 361
 395
 647
 644
 495
 361
(1) Included in other investments are amounts transferred to held for sale.

Trade and other receivables, that are past due but not impaired totalled $20m (2016: $9m; 2015: $7m)$15m (2018: $6m; 2017: $10m). Other receivables that are impaired totalled nil (2016: nil; 2015: $6m) and other investments that are impaired totalled $3m (2016:$1m (2018: nil; 2015: nil)2017: $3m).

Trade receivables mainly comprise banking institutions purchasing gold bullion. Normal market settlement terms are two working days.

The group does not generally obtain collateral or other security to support financial instruments subject to credit risk, but monitors the credit standing of counterparties.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

34    Financial risk management activities (continued)

Fair value of financial instruments

The estimated fair values of financial instruments are determined at discrete points in time based on relevant market information.

The estimated fair value of the group’s other investments and borrowings as at 31 December are as follows:

Type of instrument
 
Carrying
amount

 
Fair
value

 
Carrying
amount

 
Fair
value

 
Carrying
amount

 
Fair
value

 
Carrying
amount

 
Fair
value

 
Carrying
amount

 
Fair
value

 
Carrying
amount

 
Fair
value

US Dollar millions 2017 2016 2015 2019 2018 2017
Financial assets                        
Other investments (note 18) 138
 140
 130
 132
 92
 93
Other investments (1)
 170
 170
 147
 147
 138
 140
Financial liabilities                        
Borrowings (note 25) 2,268
 2,377
 2,178
 2,203
 2,737
 2,425
Borrowings (note 26) 2,033
 2,135
 2,050
 2,084
 2,268
 2,377
(1) Included in other investments are amounts transferred to held for sale.

The following methods and assumptions were used to estimate the fair value of each class of financial instrument:

Cash restricted for use, cash and cash equivalents, trade and other receivables and trade and other payables
The carrying amounts approximate fair value due to their short term nature.

Investments and other non-current assets
Listed equity investments classified as available-for-saleFVTOCI and FVTPL are carried at fair value in level 1 of the fair value hierarchy while fixed income investments and other non-current assets are carried at amortised cost. The fair value of fixed income investments has been calculated using market interest rates at the hierarchy level 2. The unlisted equity investments are carried at cost or fair value.

Borrowings
The rated bonds are carried at amortised cost and their fair values are their closing market values at the reporting date (fair value hierarchy - level 1). The interest rate on the remaining borrowings is reset on a short-term floating rate basis, and accordingly the carrying amount is considered to approximate fair value.

Fair value hierarchy
The group uses the following hierarchy for determining and disclosing the fair value of financial instruments:
Level 1:quoted prices (unadjusted) in active markets for identical assets or liabilities;
Level 2:inputs other than quoted prices included in level 1 that are observable for the asset or liability, either directly (as prices) or indirectly (derived from prices); and
Level 3:inputs for the asset or liability that are not based on observable market data (unobservable inputs).


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

33    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)

The following table sets out the group’s financial assets measured at fair value by level within the fair value hierarchy as at 31 December:

Type of instrument
Assets measured at fair value on a recurring basis
US Dollar millions Level 1 Level 2 Level 3 Total
  2017
Available-for-sale financial assets        
Equity securities 80
 
 
 80
     
Available-for-sale financial assets 2016
Equity securities 51
 
 
 51
  2015
Available-for-sale financial assets        
Equity securities 30
 
 
 30








US Dollar millions Level 1 Level 2 Level 3 Total
  2019
         
Equity securities - FVTPL (1)
 21
 
 
 21
Equity securities - FVTOCI 82
 
 
 82
     
  2018
Equity securities - FVTPL 19
 
 
 19
Equity securities - FVTOCI 69
 
 
 69
  2017
         
Equity securities - available-for-sale
 80
 
 
 80
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (1)(continued) Included in equity securities - FVTPL are amounts transferred to held for sale.

34    Financial risk management activities (continued)


Environmental obligations

Pursuant to environmental regulations in the countries in which we operate, we are obligated to close our operations and rehabilitate the lands which we mine in accordance with these regulations. As a consequence, AngloGold Ashanti is required in some circumstances to provide either reclamations bonds issued by third party entities, establish independent trust funds or provide guarantees issued by the operation to the respective environmental protection agency or such other government department with responsibility for environmental oversight in the respective country to cover the potential environmental rehabilitation obligation in specified amounts.

In most cases, the environmental obligations will expire on completion of the rehabilitation although in some cases we are required to potentially post bonds for events unknown that may arise after the rehabilitation has been completed.

In South Africa, AngloGold Ashanti has established a trust fund which has assets of ZAR 1.39bn and guarantees of ZAR 1.52bn issued by various banks, for a current carrying value of the liability of ZAR 1.15bn. In Australia, since 2014, the group has paid an amount of AUD $4m$6.8m into a Mine Rehabilitation Fund for a current carrying value of the liability of AUD $113.2m.$137.9m. At Iduapriem the group has provided a bond comprisingcomprised of a cash component of $9.8m$9.99m with a further bond guarantee amounting to $35.9m$36.6m issued by Ecobank Ghana Limited, United Bank for Africa (Ghana) Limited and Barclays Ghana Limited for a current carrying value of the liability of $44.3m.$46.3m. At Obuasi the group has provided a bond comprisingcomprised of a cash component of $20.3m$20.6m with a further bank guarantee amounting to $30m issued by Nedbank Limited for a current carrying value of the liability of $211m.$186.3m. In some circumstances, the group may be required to post further bonds in future years, which will haveresult in a consequential income statement charge for the fees charged by the providers of the reclamation bonds.

In South Africa, AngloGold Ashanti has established a trust fund which has assets of ZAR 1.156bn and guarantees of ZAR 0.549bn issued by various banks, for a current carrying value of the liability of ZAR 0.897bn. The fund, guarantees and liability form part of the South African disposal group and have been transferred to held for sale. Refer to note 9.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

3433    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)

Sensitivity analysis
Interest rate risk on other financial assets and liabilities (excluding derivatives)
The group also monitors interest rate risk on other financial assets and liabilities.
The following table shows the approximate interest rate sensitivities of other financial assets and liabilities at 31 December (actual changes in the timing and amount of the following variables may differ from the assumed changes below). As the sensitivity is the same (linear) for both increases and decreases in interest rates only absolute numbers are presented.
 
Change in interest
rate
basis points

 
Change in interest
amount
in currency
millions

 
Change in interest
amount
US dollar
millions

 
Change in interest
rate
basis points

 
Change in interest
amount
in currency
millions

 
Change in interest
amount
US dollar
millions

 2017 2019
Financial assets            
USD denominated 100
 1
 1
 100
 1
 1
ZAR denominated(1)
 150
 2
 
AUD denominated 150
 1
 1
Financial liabilities            
ZAR denominated(1)
 150
 41
 3
AUD denominated 100
 3
 2
TZS denominated 250
 2,704
 1
ZAR denominated(2)
 150
 15
 1
USD denominated 100
 1
 1
      

 
Change in interest
rate
basis points

 
Change in interest
amount
in currency
millions

 
Change in interest
amount
US dollar
millions

 
Change in interest
rate
basis points

 
Change in interest
amount
in currency
millions

 
Change in interest
amount
US dollar
millions

 2016 2018
Financial assets      
USD denominated 100
 1
 1
AUD denominated 150
 1
 1
BRL denominated 250
 2
 1
Financial liabilities            
ZAR denominated(1)
 150
 18
 1
AUD denominated 100
 2
 1
TZS denominated 250
 1,680
 1
ZAR denominated(2)
 150
 14
 1
USD denominated 100
 1
 1
 100
 1
 1

  
Change in interest
rate
basis points

 
Change in interest
amount
in currency
millions

 
Change in interest
amount
US dollar
millions

  2017
Financial assets      
USD denominated 100
 1
 1
ZAR denominated(1)(2)
 150
 2
 
Financial liabilities      
ZAR denominated(2)
 150
 41
 3
AUD denominated 100
 3
 2

(1)A change of 100 basis points in financial assets results in less than a $1m change in the interest amount.
  
Change in interest
rate
basis points

 
Change in interest
amount
in currency
millions

 
Change in interest
amount
US dollar
millions

  2015
Financial assets      
USD denominated 100
 2
 2
ZAR denominated(1)
 150
 5
 
BRL denominated 250
 2
 1
Financial liabilities      
ZAR denominated(1)
 150
 26
 2
AUD denominated 100
 1
 1
USD denominated 100
 2
 2
(1)(2) This is the only interest rate risk for the company.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

3433    Financial risk management activities (continued)

Sensitivity analysis35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)

Foreign exchange risk

Foreign exchange risk arises on financial instruments that are denominated in a foreign currency.

The following table discloses the approximate foreign exchange risk sensitivities of borrowings at 31 December (actual changes in the timing and amount of the following variables may differ from the assumed changes below).
 Change in
exchange rate
 Change in
borrowings
total

 Change in
exchange rate
 Change in
borrowings
total

 Change in
exchange rate
 Change in
borrowings
total

 Change in
exchange rate
 Change in
borrowings
total

 Change in
exchange rate
 Change in
borrowings
total

 Change in
exchange rate
 Change in
borrowings
total

  US$ Million
 US$ Million

 US$ Million

  US$ Million
 US$ Million
 US$ Million
 2017 2016 2015 2019 2018 2017
Borrowings            
ZAR denominated (R/$) Spot (+R1.50) (26) Spot (+R1.50) (10) Spot (+R1.50) (12) Spot (+R1.50) (7) Spot (+R1.50) (7) Spot (+R1.50) (26)
TZS denominated (TZS/$) Spot (+TZS250) (5) Spot (+TZS250) (3)  
AUD denominated (AUD/$) Spot (+AUD0.1) (16) Spot (+AUD0.1) (15) Spot (+AUD0.1) (11) Spot (+AUD0.1) (1) Spot (+AUD0.1) (3) Spot (+AUD0.1) (16)
ZAR denominated (R/$) Spot (-R1.50) 33
 Spot (-R1.50) 13
 Spot (-R1.50) 14
 Spot (-R1.50) 9
 Spot (-R1.50) 9
 Spot (-R1.50) 33
TZS denominated (TZS/$) Spot (-TZS250) 6
 Spot (-TZS250) 4
  
AUD denominated (AUD/$) Spot (-AUD0.1) 19
 Spot (-AUD0.1) 18
 Spot (-AUD0.1) 12
 Spot (-AUD0.1) 1
 Spot (-AUD0.1) 4
 Spot (-AUD0.1) 19

The borrowings total in the denominated currency will not be influenced by a movement in its exchange rate.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


35

36    CAPITAL MANAGEMENT

The primary objective of managing the group's capital is to ensure that there is sufficient capital available to support the funding requirements of the group, including capital expenditure, in a way that optimises the cost of capital, maximises shareholders' returns and ensures that the group remains in a sound financial position.

The capital structure of the group consists of net debt (borrowings as detailed in note 25,26, offset by cash and bank balances detailed in note 22)24) and equity of the group (comprising share capital and premium and accumulated reserves and non-controlling interests).

The group manages and makes adjustments to the capital structure as opportunities arise in the market place, as and when borrowings mature, or as and when funding is required. This may take the form of raising equity, market or bank debt or hybrids thereof.

The group manages capital using various financial metrics including the ratio of net debt to Adjusted EBITDA (gearing). Both the calculation of net debt and Adjusted EBITDA are based on the formula included in the Revolving Credit Agreements. The loan covenant ratio of net debt to Adjusted EBITDA should not exceed 3.5 times. The facility also makes provision for the ability of the group to have a leverage ratio of greater than 3.5 times but less than 4.5 times, subject to certain conditions, for one measurement period not exceeding six months, during the tenor of the facility.

The group had no major issuance of equity during the year.

AngloGold Ashanti Limited registered a R10bn Domestic Medium Term Note Programme (DMTNP) withDuring January 2019 the JSE in April 2011. The DMTNP permits the group to access the South African debt capital market for funding required. The group has not utilised the commercial paper under its R10bn DMTNP during the current year, instead it made use of its other facilities, to provide for funding requirements of the South Africa region.

During November 2017, the group entered into a new three-year unsecured$35m Geita revolving credit facility, entered into in August 2016 was combined with the existing $115m Geita revolving credit facility. The combined $150m revolving credit facility with Nedbank Ltd consists of R1bn ($81m)a US dollar and Tanzanian Shilling facility. Facility A is a US dollar-based facility with Standard Bank which is currentlyinterest charged at a margin of 1.3%6.7% above JIBAR. ThisLIBOR and facility hasB is a Tanzanian Shilling facility capped at the option, on application, to extend the facility by a maximumequivalent of two years.

During December 2017, the group entered into a three-year unsecured syndicated revolving credit facility of R2.5bn ($202m)$45m with Nedbank and ABSA Bank which is currentlyinterest charged at a margin of 1.8%5% plus a reference rate as determined by the lending agent.
During February 2019 the $65m Siguiri revolving credit facility entered into in August 2016 was renewed for a further 3 years and matures on 27 February 2022. The facility bears interest at 8% above JIBAR. This facility has the option, on application,LIBOR, subject to extend the facility by a maximum of two years.ratings grid and is US dollar-based.

A full analysis of the borrowings as presented on the statement of financial position in included in note 25. In26. In addition, the following details are also relevant to the borrowings at 31 December 2017:2019:

The $750m, $700m and $300m rated bonds are fully and unconditionally guaranteed by the group;group.

The interest margin on the five-year unsecured multi-currency syndicated revolving credit facility of A$500m ($390m)$1.4bn with a group of banks will reduce should the group’s credit rating improve from its current BB+/Baa3 status and should increase if its credit rating worsens. ThisThe A$500m portion of this facility will be used to fund the working capital and development costs associated with the group's mining operations within Australia without eroding the group's headroom under its other facilities and exposing the group to foreign exchange gains/losses each quarter.

The R1bn, R1.4bn and R2.5bn unsecured syndicated revolving credit facilities will be used to fund the working capital and development costs associated with the group's mining operations within South Africa without eroding the group's headroom under its other facilities and exposing the group to foreign exchange gains/losses each quarter.

Amounts are converted to US dollars at year end exchange rates.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

3536    Capital Management (continued)

Gearing ratio (Net(Adjusted Net debt to Adjusted EBITDA)
 US Dollars
Figures in millions2017
 2016
 2015
      
Borrowings (note 25)2,268
 2,178
 2,737
Corporate office lease (note 25)(15) (15) (15)
Unamortised portion of the convertible and rated bonds18
 23
 21
Cumulative fair value adjustment on $1.25bn bonds
 
 (9)
Cash restricted for use (note 21)(65) (55) (60)
Cash and cash equivalents (note 22)(205) (215) (484)
Net debt2,001
 1,916
 2,190
The Adjusted EBITDA calculation included in this note is based on the formula included in the Revolving Credit Facility Agreements for compliance with the debt covenant formula.     
Adjusted EBITDA     
Profit (loss) before taxation(63) 269
 257
Add back:
 
 
Finance costs and unwinding of obligations (note 7)169
 180
 245
Interest received (note 3)(15) (22) (28)
Amortisation of tangible and intangible assets (note 4)823
 809
 777
Adjustments:
 
 
Exchange loss11
 88
 17
Fair value adjustment on issued bonds
 (9) (66)
Impairment and derecognition of assets297
 3
 14
Impairment of other investments3
 
 
Write-down of inventories3
 12
 10
Retrenchments costs90
 14
 14
Care and maintenance costs (note 5)62
 70
 67
Net profit on disposal of assets(8) (4) (1)
(Gain) loss on unrealised non-hedge derivatives and other commodity contracts(10) (18) 7
Repurchase premium and cost on settlement of issued bonds
 30
 61
Associates and joint ventures’ special items(2) (11) (9)
Associates and joint ventures’ – adjustments for amortisation, interest, taxation and other116
 137
 107
Other amortisation7
 
 
Adjusted EBITDA (as defined in the Revolving Credit Facility Agreements)1,483
 1,548
 1,472
Gearing ratio (Net debt to Adjusted EBITDA)1.35:1
 1.24:1
 1.49:1
Maximum debt covenant ratio allowed per agreement3.5:1
 3.5:1
 3.5:1
 US Dollars
Figures in millions2019
 2018
 2017
      
Adjusted net debt from continuing operations     
Borrowings - non-current portion (note 26)1,299
 1,911
 2,230
Lease liabilities - non-current portion (note 16)126
    
Borrowings - current portion (note 26)734
 139
 38
Lease liabilities - current portion (note 16)45
 
 
Total borrowings2,204
 2,050
 2,268
Less cash and cash equivalents (note 24)(456) (329) (205)
Net debt1,748
 1,721
 2,063
      
Adjustments:     
IFRS16 lease adjustments(119)    
Corporate office lease  (9) (15)
Unamortised portion of borrowing costs

16
 13
 18
Cash restricted for use (note 23)(64) (66) (65)
Adjusted net debt1,581
 1,659
 2,001
      
The Adjusted EBITDA calculation included in this note is based on the formula included in the Revolving Credit Facility Agreements for compliance with the debt covenant formula.
Adjusted EBITDA from continuing operations     
Profit (loss) before taxation619
 445
 328
Add back:
 
 
Finance costs and unwinding of obligations (note 7)172
 168
 157
Interest income(14) (8) (8)
Amortisation of tangible, intangible and right of use assets (note 4)583
 558
 690
Other amortisation6
 11
 3
Associates and joint ventures’ adjustments for amortisation, interest, taxation and other149
 158
 117
EBITDA1,515
 1,332
 1,287
      
Adjustments:
 
 
Foreign exchange losses12
 9
 11
Dividend income
 (2) 
Retrenchment and related costs7
 4
 9
Care and maintenance costs (note 6)47
 39
 62
Impairment, derecognition of assets and (profit) loss on disposal6
 7
 2
(Gain) loss on non-hedge derivatives and other commodity contracts(5) 2
 
Associates and joint ventures’ special items(2) (3) (2)
Adjusted EBITDA (as defined in the Revolving Credit Agreements)1,580
 1,388
 1,369
Gearing ratio (Adjusted Net debt to Adjusted EBITDA)1.00:1
 1.20:1
 1.46:1
Maximum debt covenant ratio allowed per agreement3.5:1
 3.5:1
 3.5:1

36    RECENT DEVELOPMENTS37    SUBSEQUENT EVENTS

Sale of South African assets:On 2012 February 2018,2020, AngloGold Ashanti announced that it has reached an agreement to sell its remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited. Consideration for the transaction is in cash and deferred payments with expected proceeds of around $300m, subject to subsequent performance and with additional proceeds if the West Wits assets are developed below current infrastructure. Refer to note 9.

Dividend declaration: On 21 February 2020, the directors of AngloGold Ashanti declared a gross cash dividend per ordinary share of 70165 South African cents (assuming an exchange rate of ZAR11.66/ZAR 15/$, the gross dividend payable per ADS is equivalent to 6~11 US cents).

COVID-19 pandemic: At the date of approval of these consolidated annual financial statements, the SARS-CoV-2 virus responsible for COVID-19 continues to spread across the globe, contributing to a sharp decline in global financial markets and a significant decrease in global economic activity. On 11 March 2020, the COVID-19 outbreak was declared a global pandemic by the World Health Organization and has since then resulted in numerous governments and companies, including AngloGold Ashanti, introducing a variety of measures to contain the spread of the virus.  To date, we have taken a number of proactive steps to protect our employees, our host communities and business, in line with the company’s values, guidelines and advice provided by the WHO and with the requirements of the countries in which we operate. Cases of the outbreak have been reported in all of the jurisdictions in which we operate, and it may lead to a prolonged restriction on the movement of people and continued requirement for people to self-isolate or be quarantined.
Any self-imposed or government-mandated temporary lockdowns may disrupt the company’s activities and operations and even lead to a full or partial temporary suspension of the company’s mining operations in those jurisdictions. On 21 March 2020, following the Argentinian government’s decision to impose a nationwide lockdown (quarantine) until 31 March 2020, including temporary travel restrictions, border closings and suspension of most industries, Cerro Vanguardia S.A. (CVSA) was required to temporarily suspend mining activities.

On 28 February 2018,23 March 2020, the conditions precedent were fulfilledSouth African government announced a 21-day nationwide lockdown, effective from midnight on 26 March 2020, resulting in the temporary suspension of mining activities of the company’s South African operations particularly Mponeng, and the partial suspension of mining activities at Mine Waste Solutions (MWS) and Surface Operations.

On 26 March 2020, the State of Goiás, in Brazil, extended a set of restrictions on the saleoperation of Moab Khotsongnon-essential business, to include mining. These restrictions are set to run through 4 April 2020. Mineração Serra Grande (MSG) S.A. will temporarily suspend its operations.

The current impact of all of the suspended operations is expected to be about 30,000oz to 40,000oz, or less than 2% of annual production. In these countries, the suspension of mining activities will continue for the period during which the respective restrictions remain in force.

While minimal operational disruptions have occurred at the company’s other operations to date, the company may experience temporary disruptions in supply chain and Kopanang Mineslogistics across its operations in the coming months should the pandemic be prolonged. Such disruptions, which include restrictions in travel and border access, may impact the company’s ability to source and transport goods and services required to operate mines and to transport gold doré to refineries. Furthermore, should COVID-19 spread among the company’s workforce, it may lead to a full or partial temporary suspension of the company’s operating mines in those affected areas.

Given the uncertainties with respect to future developments, including duration, severity and scope of the COVID-19 pandemic and the transactions were completed, with ownershipnecessary government responses to limiting its spread, the board has decided to withdraw its market guidance for 2020 published as part of Moab Khotsong and Kopanang Mines transferring to Harmony and Heaven-Sent, respectively.its preliminary condensed consolidated financial results on 21 February 2020, at this time.

In anticipation of a prolonged negative impact from the COVID-19 pandemic, on 18 March 2020, the company accelerated a drawdown of $900m on its $1.4bn Multi-currency RCF  to redeem the $700m 5.375% bonds maturing on 15 April 2020 and to have sufficient cash available to manage ongoing working capital requirements.  The company drew down a further $450m, on the remainder of its $1.4bn Multi-currency RCF which was received on 27th March 2020. After the drawdowns, the company's cash on hand exceeds $1.8bn (excluding cash lock-up positions at Kibali and Sadiola, where AnglGold Ashanti's combined share totals $300m).

Management will continue to take a prudent and proactive approach to managing the group’s liquidity, which may include procuring additional credit facilities or debt over and above its current facilities.


37


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




38    SUPPLEMENTAL CONDENSED CONSOLIDATING FINANCIAL INFORMATION

AngloGold Ashanti Holdings plc (“IOMco”), a 100 percent wholly-owned subsidiary of AngloGold Ashanti Limited, has issued debt securities which are fully and unconditionally guaranteed by AngloGold Ashanti Limited (being the “Guarantor”). See Note 2526 and Note 33.34. IOMco is an Isle of Man registered company that holds certain of AngloGold Ashanti’s operations and assets located outside South Africa (excluding certain operations and assets in the United States of America). The following is condensed consolidating financial information for the Company as of 31 December 2017, 20162019, 2018 and 20152017 and for the years ended 31 December 2017, 20162019, 2018 and 2015,2017, with a separate column for each of AngloGold Ashanti Limited as Guarantor, IOMco as Issuer and the other subsidiaries of the Company combined (the “Non-Guarantor Subsidiaries”). For the purposes of the condensed consolidating financial information, the Company carries its investments under the equity method. The following supplemental condensed consolidating financial information should be read in conjunction with the Company’s condensed consolidated financial statements.
Figures in millions (US dollars)2017
 2017
 2017
 2017
 2017
Condensed consolidating income statement
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the “Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Revenue1,005
 3
 3,535
 
 4,543
Gold income987
 
 3,399
 (30) 4,356
Cost of sales(1,016) 
 (2,567) 1
 (3,582)
Gain (loss) on non-hedge derivatives and other commodity contracts
 
 11
 (1) 10
Gross profit (loss)(29) 
 843
 (30) 784
Corporate administration, marketing and other income (expenses)(7) (7) (2) (48) (64)
Exploration and evaluation costs(10) 
 (104) 
 (114)
Other operating income (expenses)(9) 
 (79) 
 (88)
Special items(414) (6) (27) 9
 (438)
Operating profit (loss)(469) (13) 631
 (69)
80
Interest received1
 3
 11
 
 15
Exchange gain (loss)
 1
 (12) 
 (11)
Finance costs and unwinding of obligations(22) (107) (40) 
 (169)
Share of associates and joint ventures’ profit (loss)13
 
 9
 
 22
Equity gain (loss) in subsidiaries212
 447
 
 (659) 
Profit (loss) before taxation(265) 331
 599
 (728)
(63)
Taxation104
 
 (212) 
 (108)
Profit (loss) after taxation from continuing operations(161) 331
 387
 (728)
(171)
Preferred stock dividends(30) 
 
 30
 
Profit (loss) for the period(191) 331
 387
 (698)
(171)
Allocated as follows:         
Equity shareholders         
- Continuing operations(191) 331
 367
 (698) (191)
Non-controlling interests         
- Continuing operations
 
 20
 
 20
 (191) 331
 387
 (698)
(171)
Comprehensive income (loss)(37) 365
 422
 (767) (17)
Comprehensive income (loss) attributable to non-controlling interests
 
 (20) 
 (20)
Comprehensive income (loss) attributable to AngloGold Ashanti(37) 365
 402
 (767) (37)

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)
Figures in millions (US dollars)2019
 2019
 2019
 2019
 2019
Condensed consolidating income statement
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the “Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Revenue from product sales
 
 3,525
 
 3,525
Cost of sales(1) 
 (2,625) 
 (2,626)
Gain (loss) on non-hedge derivatives and other commodity contracts
 
 5
 
 5
Gross profit (loss)(1) 
 905
 
 904
Corporate administration, marketing and other income (expenses)(41) (6) (17) (18) (82)
Exploration and evaluation costs
 
 (112) 
 (112)
Impairment, derecognition of assets and profit (loss) on disposal
 (3) (6) 3
 (6)
Other income (expenses)(10) 3
 135
 (211) (83)
Operating profit (loss)(52) (6) 905
 (226) 621
Interest income3
 6
 5
 
 14
Foreign exchange losses


 (4) (8) 
 (12)
Finance costs and unwinding of obligations(16) (106) (56) 6
 (172)
Share of associates and joint ventures’ profit (loss)
 
 154
 14
 168
Equity gain (loss) in subsidiaries302
 815
 
 (1,117) 
Profit (loss) before taxation237
 705
 1,000
 (1,323) 619
Taxation32
 
 (282) 
 (250)
Profit (loss) after taxation from continuing operations

269
 705
 718
 (1,323) 369
Discontinued operations         
Profit (loss) from discontinued operations(281) 
 (95) 
 (376)
Profit (loss) for the period(12) 705
 623
 (1,323) (7)
Allocated as follows:         
Equity shareholders         
- Continuing operations269
 705
 713
 (1,323) 364
- Discontinued operations(281) 
 (95) 
 (376)
Non-controlling interests         
- Continuing operations


 
 5
 
 5
 (12) 705
 623
 (1,323) (7)
Comprehensive income (loss)2
 717
 618
 (1,330) 7
Comprehensive (income) loss attributable to non-controlling interests
 
 (5) 
 (5)
Comprehensive income (loss) attributable to AngloGold Ashanti2
 717
 613
 (1,330) 2


Figures in millions (US dollars)2016
 2016
 2016
 2016
 2016
Condensed consolidating income statement
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the “Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Revenue1,110
 3
 3,141
 
 4,254
Gold income1,108
 
 3,035
 (58) 4,085
Cost of sales(958) 
 (2,305) 
 (3,263)
Gain (loss) on non-hedge derivatives and other commodity contracts
 
 18
 1
 19
Gross profit (loss)150
 
 748
 (57)
841
Corporate administration, marketing and other income (expenses)17
 (6) (3) (69) (61)
Exploration and evaluation costs(14) 
 (119) 
 (133)
Other operating income (expenses)(26) 2
 (86) 
 (110)
Special items54
 (35) 29
 (90) (42)
Operating profit (loss)181
 (39) 569
 (216)
495
Interest received6
 3
 13
 
 22
Exchange gain (loss)1
 (1) (28) (60) (88)
Finance costs and unwinding of obligations(18) (131) (31) 
 (180)
Fair value adjustment on $1.25bn bonds
 9
 
 
 9
Share of associates and joint ventures’ profit (loss)(13) 2
 30
 (8) 11
Equity gain (loss) in subsidiaries(61) 389
 
 (328) 
Profit (loss) before taxation96
 232
 553
 (612)
269
Taxation(4) 
 (184) (1) (189)
Profit (loss) after taxation from continuing operations92
 232
 369
 (613)
80
Preferred stock dividends(29) 
 (29) 58
 
Profit (loss) for the period63
 232
 340
 (555)
80
          
Allocated as follows:         
Equity shareholders         
- Continuing operations63
 232
 323
 (555) 63
Non-controlling interests        
- Continuing operations
 
 17
 
 17
 63
 232
 340
 (555)
80
Comprehensive income (loss)250
 234
 388
 (605) 267
Comprehensive income (loss) attributable to non-controlling interests
 
 (17) 
 (17)
Comprehensive income (loss) attributable to AngloGold Ashanti250
 234
 371
 (605) 250

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)
Figures in millions (US dollars)2018
 2018
 2018
 2018
 2018
Condensed consolidating income statement (restated)
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the “Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Revenue from product sales
 
 3,336
 
 3,336
Cost of sales(2) 
 (2,582) 
 (2,584)
Gain (loss) on non-hedge derivatives and other commodity contracts
 
 (2) 
 (2)
Gross profit (loss)(2) 
 752
 
 750
Corporate administration, marketing and other income (expenses)(12) (20) (13) (31) (76)
Exploration and evaluation costs
 
 (98) 
 (98)
Impairment, derecognition of assets and profit (loss) on disposal
 1
 (9) 1
 (7)
Other income (expenses)(10) 10
 (70) (9) (79)
Operating profit (loss)(24) (9) 562
 (39) 490
Interest income
 4
 4
 
 8
Dividend received2
 
 
 
 2
Foreign exchange losses


 (6) (3) 
 (9)
Finance costs and unwinding of obligations(16) (107) (45) 
 (168)
Share of associates and joint ventures’ profit (loss)5
 
 108
 9
 122
Equity gain (loss) in subsidiaries142
 490
 
 (632) 
Profit (loss) before taxation109
 372
 626
 (662) 445
Taxation23
 
 (235) 
 (212)
Profit (loss) after taxation from continuing operations

132
 372
 391
 (662) 233
Discontinued operations

         
Profit (loss) from discontinued operations

1
 
 (84) 
 (83)
Profit (loss) for the period133
 372
 307
 (662) 150
          
Allocated as follows:         
Equity shareholders         
- Continuing operations

132
 372
 374
 (662) 216
- Discontinued operations

1
 
 (84) 
 (83)
Non-controlling interests         
- Continuing operations


 
 17
 
 17
 133
 372
 307
 (662) 150
Comprehensive income (loss)(8) 320
 301
 (604) 9
Comprehensive (income) loss attributable to non-controlling interests
 
 (17) 
 (17)
Comprehensive income (loss) attributable to AngloGold Ashanti(8) 320
 284
 (604) (8)


Figures in millions (US dollars)2015
 2015
 2015
 2015
 2015
Condensed consolidating income statement
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the “Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Revenue1,091
 2
 3,081
 
 4,174
Gold income1,063
 
 2,991
 (39) 4,015
Cost of sales(995) 
 (2,299) 
 (3,294)
Gain (loss) on non-hedge derivatives and other commodity contracts
 
 (7) 
 (7)
Gross profit (loss)68
 
 685
 (39)
714
Corporate administration, marketing and other income (expenses)3
 (15) (15) (51) (78)
Exploration and evaluation costs(16) 
 (116) 
 (132)
Other operating income (expenses)(17) 
 (79) 
 (96)
Special items(132) (436) 65
 432
 (71)
Operating profit (loss)(94) (451) 540
 342

337
Interest received6
 2
 20
 
 28
Exchange gain (loss)(1) (1) (15) 
 (17)
Finance costs and unwinding of obligations(21) (196) (28) 
 (245)
Fair value adjustment on $1.25bn bonds
 66
 
 
 66
Share of associates and joint ventures’ profit (loss)11
 1
 77

(1) 88
Equity gain (loss) in subsidiaries(26) 140
 
 (114) 
Profit (loss) before taxation(125) (439) 594
 227

257
Taxation59
 (1) (269) 
 (211)
Profit (loss) after taxation from continuing operations(66) (440) 325
 227

46
Discontinued operations        
Profit (loss) from discontinued operations
 
 (116) 
 (116)
Profit (loss) after discontinued operations(66) (440) 209
 227

(70)
Preferred stock dividends(19) 
 (20) 39
 
Profit (loss) for the period(85) (440) 189
 266

(70)
          
Allocated as follows:         
Equity shareholders         
- Continuing operations(85) (440) 290
 266
 31
- Discontinued operations
 
 (116) 
 (116)
Non-controlling interests        
- Continuing operations
 
 15
 
 15
 (85) (440) 189
 266

(70)
Comprehensive income (loss)(448) (477) 142
 350
 (433)
Comprehensive income (loss) attributable to non-controlling interests
 
 (15) 
 (15)
Comprehensive income (loss) attributable to AngloGold Ashanti(448)
(477)
127


350

(448)

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)
Figures in millions (US dollars)2017
 2017
 2017
 2017
 2017
Condensed consolidating income statement (restated)
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the “Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Revenue from product sales
 
 3,424
 (30) 3,394
Cost of sales(2) 
 (2,606) 1
 (2,607)
Gain (loss) on non-hedge derivatives and other commodity contracts
 
 
 
 
Gross profit (loss)(2) 
 818
 (29) 787
Corporate administration, marketing and other income (expenses)(7) (7) (2) (48) (64)
Exploration and evaluation costs(1) 
 (104) 
 (105)
Impairment, derecognition of assets and profit (loss) on disposal
 2
 (4) 
 (2)
Other income (expenses)(71) (8) (79) 8
 (150)
Operating profit (loss)(81) (13) 629
 (69) 466
Interest income1
 3
 4
 
 8
Foreign exchange losses


 1
 (12) 
 (11)
Finance costs and unwinding of obligations(14) (107) (36) 
 (157)
Share of associates and joint ventures’ profit (loss)13
 
 9
 
 22
Equity gain (loss) in subsidiaries212
 447
 
 (659) 
Profit (loss) before taxation131
 331
 594
 (728) 328
Taxation32
 
 (195) 
 (163)
Profit (loss) after taxation from continuing operations

163
 331
 399
 (728) 165
Discontinued operations

         
Profit (loss) from discontinued operations

(324) 
 (12) 
 (336)
Profit (loss) after discontinued operations(161) 331
 387
 (728) (171)
Preferred stock dividends(30) 
 
 30
 
Profit (loss) for the period(191) 331
 387
 (698) (171)
          
Allocated as follows:         
Equity shareholders         
- Continuing operations

133
 331
 379
 (698) 145
- Discontinued operations

(324) 
 (12) 
 (336)
Non-controlling interests         
- Continuing operations


 
 20
 
 20
 (191) 331
 387
 (698) (171)
Comprehensive income (loss)(37) 365
 422
 (767) (17)
Comprehensive (income) loss attributable to non-controlling interests
 
 (20) 
 (20)
Comprehensive income (loss) attributable to AngloGold Ashanti(37) 365
 402
 (767) (37)


Figures in millions (US dollars)2017
 2017
 2017
 2017
 2017
Condensed consolidating statement of financial position
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
ASSETS         
Non-current assets         
Tangible assets739
 
 3,003
 
 3,742
Intangible assets1
 
 139
 (2) 138
Investments in associates and joint ventures2,371
 4,376
 1,371
 (6,611) 1,507
Other investments2
 6
 125
 (2) 131
Inventories
 
 100
 
 100
Trade and other receivables
 
 67
 
 67
Deferred taxation
 
 4
 
 4
Cash restricted for use
 
 37
 
 37
 3,113
 4,382
 4,846
 (6,615)
5,726
Current assets        
Other investments
 6
 1
 
 7
Inventories, trade and other receivables, intergroup balances and other current assets471
 250
 1,166
 (982) 905
Cash restricted for use
 1
 27
 
 28
Cash and cash equivalents11
 21
 173
 
 205
 482
 278
 1,367
 (982)
1,145
Non-current assets held for sale310
 
 38
 
 348
 792
 278
 1,405
 (982) 1,493
          
Total assets3,905
 4,660
 6,251
 (7,597)
7,219
          
EQUITY AND LIABILITIES        
Share capital and premium7,134
 6,172
 824
 (6,996) 7,134
Retained earnings (accumulated losses) and other reserves(4,471) (3,491) 1,619
 1,872
 (4,471)
Shareholders’ equity2,663
 2,681
 2,443
 (5,124)
2,663
Non-controlling interests
 
 41
 
 41
Total equity2,663
 2,681
 2,484
 (5,124)
2,704
          
Non-current liabilities527
 1,764
 1,369
 
 3,660
Current liabilities including intergroup balances591
 215
 2,396
 (2,473) 729
Non-current liabilities held for sale124
 
 2
 
 126
Total liabilities1,242

1,979

3,767

(2,473)
4,515
Total equity and liabilities3,905

4,660

6,251

(7,597)
7,219

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)
Figures in millions (US dollars)2019
 2019
 2019
 2019
 2019
Condensed consolidating statement of financial position
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
ASSETS         
Non-current assets         
Tangible and right of use assets4
 
 2,740
 6
 2,750
Intangible assets1
 
 123
 (1) 123
Investments in subsidiaries, associates and joint ventures2,646
 4,612
 1,459
 (7,136) 1,581
Other investments2
 2
 74
 (2) 76
Inventories
 
 93
 
 93
Trade and other receivables
 29
 122
 (29) 122
Deferred taxation105
 
 
 
 105
Cash restricted for use
 
 31
 
 31
 2,758
 4,643
 4,642
 (7,162) 4,881
Current assets         
Other investments
 10
 
 
 10
Inventories, trade and other receivables, intergroup balances and other current assets333
 619
 1,247
 (1,317) 882
Cash restricted for use
 
 33
 
 33
Cash and cash equivalents12
 102
 342
 
 456
 345
 731
 1,622
 (1,317) 1,381
Assets held for sale253
 
 348
 
 601
 598
 731
 1,970
 (1,317) 1,982
          
Total assets3,356
 5,374
 6,612
 (8,479) 6,863
          
EQUITY AND LIABILITIES         
Share capital and premium7,199
 6,096
 837
 (6,933) 7,199
Retained earnings (accumulated losses) and other reserves(4,559) (2,715) 1,668
 1,047
 (4,559)
Shareholders’ equity2,640
 3,381
 2,505
 (5,886) 2,640
Non-controlling interests
 
 36
 
 36
Total equity2,640
 3,381
 2,541
 (5,886) 2,676
          
Non-current liabilities225
 1,031
 1,222
 
 2,478
Current liabilities including intergroup balances401
 962
 2,667
 (2,593) 1,437
Liabilities held for sale90
 
 182
 
 272
Total liabilities716
 1,993
 4,071
 (2,593) 4,187
Total equity and liabilities3,356
 5,374
 6,612
 (8,479) 6,863


Figures in millions (US dollars)2016
 2016
 2016
 2016
 2016
Condensed consolidating statement of financial position
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
ASSETS         
Non-current assets         
Tangible assets1,160
 
 2,951
 
 4,111
Intangible assets4
 
 143
 (2) 145
Investments in associates and joint ventures2,109
 3,478
 1,338
 (5,477) 1,448
Other investments2
 3
 122
 (2) 125
Inventories
 
 84
 
 84
Trade and other receivables
 
 34
 
 34
Deferred taxation
 
 4
 
 4
Cash restricted for use
 
 36
 
 36
Other non-current assets
 
 
 
 
 3,275
 3,481
 4,712
 (5,481)
5,987
Current assets        
Other investments
 5
 
 
 5
Inventories, trade and other receivables, intergroup balances and other current assets429
 912
 1,153
 (1,567) 927
Cash restricted for use
 1
 18
 
 19
Cash and cash equivalents44
 32
 139
 
 215
 473
 950
 1,310
 (1,567)
1,166
Total assets3,748
 4,431
 6,022
 (7,048)
7,153
EQUITY AND LIABILITIES        
Share capital and premium7,108
 6,215
 824
 (7,039) 7,108
Retained earnings (accumulated losses) and other reserves(4,393) (3,765) 702
 3,063
 (4,393)
Shareholders’ equity2,715
 2,450
 1,526
 (3,976)
2,715
Non-controlling interests
 
 39
 
 39
Total equity2,715
 2,450
 1,565
 (3,976)
2,754
Non-current liabilities496
 1,799
 1,344
 
 3,639
Current liabilities including intergroup balances537
 182
 3,113
 (3,072) 760
Total liabilities1,033

1,981

4,457

(3,072)
4,399
Total equity and liabilities3,748

4,431

6,022

(7,048)
7,153

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)
Figures in millions (US dollars)2018
 2018
 2018
 2018
 2018
Condensed consolidating statement of financial position
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
ASSETS         
Non-current assets         
Tangible assets625
 
 2,756
 
 3,381
Intangible assets1
 
 123
 (1) 123
Investments in subsidiaries, associates and joint ventures2,383
 4,255
 1,398
 (6,508) 1,528
Other investments2
 3
 138
 (2) 141
Inventories1
 
 105
 
 106
Trade and other receivables
 29
 102
 (29) 102
Cash restricted for use
 
 35
 
 35
 3,012
 4,287
 4,657
 (6,540) 5,416
Current assets         
Other investments
 6
 
 
 6
Inventories, trade and other receivables, intergroup balances and other current assets390
 416
 1,166
 (1,111) 861
Cash restricted for use
 
 31
 
 31
Cash and cash equivalents7
 97
 225
 
 329
 397
 519
 1,422
 (1,111) 1,227
          
Total assets3,409
 4,806
 6,079
 (7,651) 6,643
EQUITY AND LIABILITIES         
Share capital and premium7,171
 6,096
 821
 (6,917) 7,171
Retained earnings (accumulated losses) and other reserves(4,519) (3,310) 1,406
 1,904
 (4,519)
Shareholders’ equity2,652
 2,786
 2,227
 (5,013) 2,652
Non-controlling interests
 
 42
 
 42
Total equity2,652
 2,786
 2,269
 (5,013) 2,694
          
Non-current liabilities319
 1,734
 1,103
 
 3,156
Current liabilities including intergroup balances438
 286
 2,707
 (2,638) 793
Total liabilities757
 2,020
 3,810
 (2,638) 3,949
Total equity and liabilities3,409
 4,806
 6,079
 (7,651) 6,643


Figures in millions (US dollars)2015
 2015
 2015
 2015
 2015
Condensed consolidating statement of financial position
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
ASSETS         
Non-current assets         
Tangible assets1,030
 
 3,028
 
 4,058
Intangible assets8
 
 155
 (2) 161
Investments in associates and joint ventures2,002
 3,627
 1,338
 (5,502) 1,465
Other investments1
 3
 89
 (2) 91
Inventories
 
 90
 
 90
Trade and other receivables
 
 13
 
 13
Deferred taxation
 
 1
 
 1
Cash restricted for use
 
 37
 
 37
Other non-current assets18
 
 
 
 18
 3,059
 3,630
 4,751
 (5,506)
5,934
Current assets        
Other investments
 1
 
 
 1
Inventories, trade and other receivables, intergroup balances and other current assets401
 921
 1,076
 (1,556) 842
Cash restricted for use1
 2
 20
 
 23
Cash and cash equivalents19
 222
 243
 
 484
 421
 1,146
 1,339
 (1,556)
1,350
Total assets3,480
 4,776
 6,090
 (7,062)
7,284
EQUITY AND LIABILITIES        
Share capital and premium7,066
 6,108
 824
 (6,932) 7,066
Retained earnings (accumulated losses) and other reserves(4,636) (3,903) 895
 3,008
 (4,636)
Shareholders’ equity2,430
 2,205
 1,719
 (3,924)
2,430
Non-controlling interests
 
 37
 
 37
Total equity2,430
 2,205
 1,756
 (3,924)
2,467
Non-current liabilities428
 2,427
 1,255
 
 4,110
Current liabilities including intergroup balances622
 144
 3,079
 (3,138) 707
Total liabilities1,050

2,571

4,334

(3,138)
4,817
Total equity and liabilities3,480

4,776

6,090

(7,062)
7,284

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)


Figures in millions (US dollars)2017
 2017
 2017
 2017
 2017
Condensed consolidating statement of cash flow
AngloGold Ashanti

(the “Guarantor”)

 
IOMco

(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Cash flows from operating activities         
Cash generated from (used by) operations(5) (15) 1,168
 3
 1,151
Net movement in intergroup receivables and payables10
 (102) 123
 (31) 
Dividends received from joint ventures
 6
 
 
 6
Taxation refund3
 
 11
 
 14
Taxation paid
 
 (174) 
 (174)
Net cash inflow (outflow) from operating activities8
 (111) 1,128
 (28)
997
Cash flows from investing activities        
Capital expenditure(143) 
 (686) 
 (829)
Expenditure on intangible assets(1) 
 
 
 (1)
Proceeds from disposal of tangible assets3
 
 4
 
 7
Other investments acquired
 (5) (86) 
 (91)
Proceeds from disposal of other investments
 
 75
 3
 78
Investments in associates and joint ventures
 (15) (14) 2
 (27)
Net loans repaid by (advanced to) associates and joint ventures
 (6) 2
 (2) (6)
Reduction in investment in subsidiary42
 
 
 (42) 
Disposal (acquisition) of subsidiaries
 (2) 2
 
 
Decrease (increase) in cash restricted for use
 
 (8) 
 (8)
Interest received1
 3
 11
 
 15
Net cash inflow (outflow) from investing activities(98) (25) (700) (39)
(862)
Cash flows from financing activities        
Reduction in share capital
 (43) 
 43
 
Proceeds from borrowings539
 155
 121
 
 815
Repayment of borrowings(428) (170) (169) 
 (767)
Finance costs paid(15) (103) (20) 
 (138)
Dividends paid(39) 
 (19) 
 (58)
Intergroup dividends received (paid)
 286
 (286) 
 
Net cash inflow (outflow) from financing activities57
 125
 (373) 43

(148)
Net increase (decrease) in cash and cash equivalents(33) (11) 55
 (24) (13)
Translation
 
 (21) 24
 3
Cash and cash equivalents at beginning of year44
 32
 139
 
 215
Cash and cash equivalents at end of year11

21

173



205

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)


Figures in millions (US dollars)2016
 2016
 2016
 2016
 2016
Condensed consolidating statement of cash flow
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Cash flows from operating activities         
Cash generated from (used by) operations245
 (11) 1,106
 (38) 1,302
Net movement in intergroup receivables and payables(8) 169
 (163) 2
 
Dividends received from joint ventures
 37
 
 
 37
Taxation refund3
 
 9
 
 12
Taxation paid(4) 
 (161) 
 (165)
Net cash inflow (outflow) from operating activities236
 195
 791
 (36)
1,186
Cash flows from investing activities        
Capital expenditure(171) 
 (535) 
 (706)
Expenditure on intangible assets(2) 
 (3) 
 (5)
Proceeds from disposal of tangible assets
 
 4
 
 4
Other investments acquired
 
 (73) 
 (73)
Proceeds from disposal of other investments
 
 61
 
 61
Investments in associates and joint ventures
 
 (11) 
 (11)
Proceeds from disposal of associates and joint ventures
 10
 
 
 10
Net loans repaid by (advanced to) associates and joint ventures
 (2) (2) 
 (4)
Disposal (acquisition) of subsidiaries(6) (2) 2
 6
 
Decrease (increase) in cash restricted for use1
 
 7
 
 8
Interest received2
 
 12
 
 14
Net cash inflow (outflow) from investing activities(176) 6
 (538) 6

(702)
Cash flows from financing activities        
Proceeds from issue of share capital
 6
 
 (6) 
Proceeds from borrowings256
 330
 201
 
 787
Repayment of borrowings(291) (951) (91) 
 (1,333)
Finance costs paid(11) (145) (16) 
 (172)
Bond settlement premium, RCF and bond transaction costs
 (30) 
 
 (30)
Dividends paid
 
 (15) 
 (15)
Intergroup dividends received (paid)7
 399
 (406) 
 
Net cash inflow (outflow) from financing activities(39) (391) (327) (6) (763)
Net increase (decrease) in cash and cash equivalents21
 (190) (74) (36) (279)
Translation4
 
 (30) 36
 10
Cash and cash equivalents at beginning of year19
 222
 243
 
 484
Cash and cash equivalents at end of year44

32

139



215
Figures in millions (US dollars)2017
 2017
 2017
 2017
 2017
Condensed consolidating statement of financial position
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
ASSETS         
Non-current assets         
Tangible assets739
 
 3,003
 
 3,742
Intangible assets1
 
 139
 (2) 138
Investments in subsidiaries, associates and joint ventures2,371
 4,376
 1,371
 (6,611) 1,507
Other investments2
 6
 125
 (2) 131
Inventories
 
 100
 
 100
Trade and other receivables
 29
 67
 (29) 67
Deferred taxation
 
 4
 
 4
Cash restricted for use
 
 37
 
 37
 3,113
 4,411
 4,846
 (6,644) 5,726
Current assets         
Other investments
 6
 1
 
 7
Inventories, trade and other receivables, intergroup balances and other current assets471
 145
 1,166
 (877) 905
Cash restricted for use
 1
 27
 
 28
Cash and cash equivalents11
 21
 173
 
 205
 482
 173
 1,367
 (877) 1,145
Assets held for sale

310
 
 38
 
 348
 792
 173
 1,405
 (877) 1,493
          
Total assets3,905
 4,584
 6,251
 (7,521) 7,219
EQUITY AND LIABILITIES         
Share capital and premium7,134
 6,096
 824
 (6,920) 7,134
Retained earnings (accumulated losses) and other reserves(4,471) (3,491) 1,619
 1,872
 (4,471)
Shareholders’ equity2,663
 2,605
 2,443
 (5,048) 2,663
Non-controlling interests
 
 41
 
 41
Total equity2,663
 2,605
 2,484
 (5,048) 2,704
          
Non-current liabilities527
 1,764
 1,369
 
 3,660
Current liabilities including intergroup balances591
 215
 2,396
 (2,473) 729
Liabilities held for sale

124
 
 2
 
 126
Total liabilities1,242
 1,979
 3,767
 (2,473) 4,515
Total equity and liabilities3,905
 4,584
 6,251
 (7,521) 7,219










NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

37    Supplemental condensed consolidating financial information (continued)
Figures in millions (US dollars)2019
 2019
 2019
 2019
 2019
Condensed consolidating statement of cash flow
AngloGold Ashanti

(the “Guarantor”)

 
IOMco

(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Cash flows from operating activities         
Cash generated from (used by) operations(59) (8) 1,165
 4
 1,102
Net movement in intergroup receivables and payables35
 (205) 177
 (7) 
Dividends received from joint ventures
 77
 
 
 77
Taxation refund
 
 7
 
 7
Taxation paid
 
 (228) 
 (228)
Net cash inflow (outflow) from operating activities from continuing operations

(24) (136) 1,121
 (3) 958
Net cash inflow (outflow) from operating activities from discontinued operations

58
 
 31
 
 89
Net cash inflow (outflow) from operating activities34
 (136) 1,152
 (3) 1,047
Cash flows from investing activities         
Capital expenditure
 
 (703) 
 (703)
Interest capitalised and paid
 
 
 (6) (6)
Proceeds from disposal of tangible assets
 
 3
 
 3
Other investments acquired
 
 (9) 
 (9)
Proceeds from disposal of other investments
 
 3
 
 3
Investments in associates and joint ventures
 
 (5) 
 (5)
Net loans repaid by (advanced to) associates and joint ventures17
 4
 (1) 
 20
Disposal (acquisition) of subsidiaries
 (8) 8
 
 
Increase in investment in subsidiary(16) 
 
 16
 
Interest received3
 5
 6
 
 14
Net cash inflow (outflow) from investing activities from continuing operations

4
 1
 (698) 10
 (683)
Net cash inflow (outflow) from investing activities from discontinued operations

(46) 
 (8) 
 (54)
Cash in subsidiaries sold and transferred to held for sale
 
 (6) 
 (6)
Net cash inflow (outflow) from investing activities(42) 1
 (712) 10
 (743)
Cash flows from financing activities         
Increase in share capital
 
 16
 (16) 
Proceeds from borrowings130
 
 38
 
 168
Repayment of borrowings(124) 
 (41) 
 (165)
Finance costs paid(10) (102) (31) 6
 (137)
Bond settlement premium, RCF and bond transaction costs
 
 
 
 
Dividends paid(28) 
 (15) 
 (43)
Intergroup dividends received (paid)44
 242
 (286) 
 
Net cash inflow (outflow) from financing activities from continuing operations

12
 140
 (319) (10) (177)
Net cash inflow (outflow) from financing activities from discontinued operations


 
 
 
 
Net cash inflow (outflow) from financing activities12
 140
 (319) (10) (177)
Net increase (decrease) in cash and cash equivalents4
 5
 121
 (3) 127
Translation1
 
 (4) 3
 
Cash and cash equivalents at beginning of year7
 97
 225
 
 329
Cash and cash equivalents at end of year12
 102
 342
 
 456


Figures in millions (US dollars)2015
 2015
 2015
 2015
 2015
2018
 2018
 2018
 2018
 2018
Condensed consolidating statement of cash flow
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Condensed consolidating statement of cash flow (restated)
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Cash flows from operating activities                  
Cash generated from (used by) operations44
 (364) 1,115
 455
 1,250
(93) (18) 1,034
 8
 931
Net movement in intergroup receivables and payables131
 1,036
 (833) (334) 
73
 (215) 130
 12
 
Dividends received from joint ventures
 57
 
 
 57

 91
 
 
 91
Taxation refund12
 
 9
 
 21

 
 5
 
 5
Taxation paid(5) (1) (178) 
 (184)
 
 (171) 
 (171)
Net cash inflow (outflow) from operating activities from continuing operations182
 728
 113
 121

1,144
(20) (142) 998
 20
 856
Net cash inflow (outflow) from operating activities from discontinued operations
 
 (5) 
 (5)(27) 
 28
 
 1
Net cash inflow (outflow) from operating activities182
 728
 108
 121

1,139
(47) (142) 1,026
 20
 857
Cash flows from investing activities        
         
Capital expenditure(194) 
 (470) 
 (664)
 
 (575) 
 (575)
Expenditure on intangible assets(2) 
 (1) 
 (3)
Proceeds from disposal of tangible assets
 
 6
 
 6

 
 4
 6
 10
Dividends from other investments2
 
 
 
 2
Other investments acquired
 
 (86) 
 (86)
 
 (13) 
 (13)
Proceeds from disposal of other investments1
 
 80
 
 81

 
 7
 
 7
Investments in associates and joint ventures
 
 (11) 
 (11)
 
 (8) 
 (8)
Proceeds from disposal of associates and joint ventures1






 1
Net loans repaid by (advanced to) associates and joint ventures2
 (5) 
 
 (3)9
 10
 (2) 
 17
Net proceeds from disposal of subsidiaries and investments
 
 812
 
 812
Cash in subsidiary disposed and transfers to held for sale
 
 (2) 
 (2)
Disposal (acquisition) of subsidiaries
 (1) 1
 
 

 (7) 7
 
 
Decrease (increase) in cash restricted for use
 (2) (15) 
 (17)
 1
 (6) (1) (6)
Interest received6
 3
 16
 
 25

 1
 4
 
 5
Net cash inflow (outflow) from investing activities from continuing operations(186) (5) 330
 

139
11
 5
 (582) 5
 (561)
Net cash inflow (outflow) from investing activities from discontinued operations
 
 (59) 
 (59)207
 
 19
 
 226
Net cash inflow (outflow) from investing activities(186) (5) 271
 

80
218
 5
 (563) 5
 (335)
Cash flows from financing activities        
         
Proceeds from borrowings120
 300
 1
 
 421
407
 45
 301
 
 753
Repayment of borrowings(127) (1,024) (137) 
 (1,288)(570) (80) (317) 
 (967)
Finance costs paid(14) (223) (14) 
 (251)(12) (102) (16) 
 (130)
Bond settlement premium, RCF and bond transaction costs
 (61) 
 
 (61)
 (10) 
 
 (10)
Dividends paid
 
 (5) 
 (5)(24) 
 (15) 
 (39)
Intergroup dividends received (paid)
 247
 (247) 
 
25
 360
 (386) 1
 
Net cash inflow (outflow) from financing activities from continuing operations(21) (761) (402) 

(1,184)(174) 213
 (433) 1
 (393)
Net cash inflow (outflow) from financing activities from discontinued operations
 
 (2) 
 (2)
 
 
 
 
Net cash (outflow) inflow from financing activities(21)
(761)
(404)


(1,186)
Net cash inflow (outflow) from financing activities(174) 213
 (433) 1
 (393)
Net increase (decrease) in cash and cash equivalents(25) (38) (25) 121
 33
(3) 76
 30
 26
 129
Translation(8) 
 112
 (121) (17)(1) 
 22
 (26) (5)
Cash and cash equivalents at beginning of year52
 260
 156
 
 468
11
 21
 173
 
 205
Cash and cash equivalents at end of year19

222

243



484
7
 97
 225
 
 329







Figures in millions (US dollars)2017
 2017
 2017
 2017
 2017
Condensed consolidating statement of cash flow (restated)
AngloGold Ashanti
(the “Guarantor”)

 
IOMco
(the “Issuer”)

 
Other subsidiaries
(the 
“Non-Guarantor
Subsidiaries”)

 
Consolidation
adjustments

 Total
Cash flows from operating activities         
Cash generated from (used by) operations(61) (15) 1,140
 3
 1,067
Net movement in intergroup receivables and payables10
 (102) 123
 (31) 
Dividends received from joint ventures
 6
 
 
 6
Taxation refund3
 
 11
 
 14
Taxation paid
 
 (174) 
 (174)
Net cash inflow (outflow) from operating activities from continuing operations

(48) (111) 1,100
 (28) 913
Net cash inflow (outflow) from operating activities from discontinued operations

56
 
 28
 
 84
Net cash inflow (outflow) from operating activities8
 (111) 1,128
 (28) 997
Cash flows from investing activities         
Capital expenditure(1) 
 (674) 
 (675)
Proceeds from disposal of tangible assets
 
 3
 
 3
Other investments acquired
 (5) (3) 
 (8)
Proceeds from disposal of other investments
 
 
 3
 3
Investments in associates and joint ventures
 (15) (14) 2
 (27)
Net loans repaid by (advanced to) associates and joint ventures
 (6) 2
 (2) (6)
Reduction in investment in subsidiary42
 
 
 (42) 
Disposal (acquisition) of subsidiaries
 (2) 2
 
 
Decrease (increase) in cash restricted for use
 
 (8) 
 (8)
Interest received
 3
 4
 
 7
Net cash inflow (outflow) from investing activities from continuing operations

41
 (25) (688) (39) (711)
Net cash inflow (outflow) from investing activities from discontinued operations

(139) 
 (12) 
 (151)
Net cash inflow (outflow) from investing activities(98) (25) (700) (39) (862)
Cash flows from financing activities         
Reduction in share capital
 (43) 
 43
 
Proceeds from borrowings539
 155
 121
 
 815
Repayment of borrowings(428) (170) (169) 
 (767)
Finance costs paid(15) (103) (20) 
 (138)
Dividends paid(39) 
 (19) 
 (58)
Intergroup dividends received (paid)
 286
 (286) 
 
Net cash inflow (outflow) from financing activities from continuing operations

57
 125
 (373) 43
 (148)
Net cash inflow (outflow) from financing activities from discontinued operations


 
 
 
 
Net cash inflow (outflow) from financing activities57
 125
 (373) 43
 (148)
Net increase (decrease) in cash and cash equivalents(33) (11) 55
 (24) (13)
Translation
 
 (21) 24
 3
Cash and cash equivalents at beginning of year44
 32
 139
 
 215
Cash and cash equivalents at end of year11
 21
 173
 
 205



PAGE LEFT BLANK INTENTIONALLY


KIBALI (JERSEY) LIMITED
Consolidated Financial Statements for the Three Years Ended
31 December 2019, 2018 and 2017

STATEMENT OF RESPONSIBILITY BY THE BOARD OF DIRECTORS
For the year ended 31 December 2017

The directors of the Company are required by the Companies (Jersey) Law 1991 to prepare financial statements for each financial period presented, which present fairly, in all material respects, the state of affairs of Kibali (Jersey) Limited (“the Company”) and its subsidiaries (“the Group”) as at the end of each financial period and of the profit or loss for that period. In preparing these financial statements, the directors are required to:

Select suitable accounting policies and then apply them consistently;

Make judgements and estimates that are reasonable and prudent;

State whether applicable accounting standards have been followed, subject to any material departures disclosed and explained in the financial statements; and

Prepare the financial statements on the going concern basis unless it is inappropriate to presume that the company will continue in business.

The Directors are responsible for keeping proper accounting records which disclose with reasonable accuracy at any time the financial position of the Company and the Group to enable them to ensure that the financial statements comply with the Companies (Jersey) Law 1991. They are also responsible for safeguarding the assets of the Company and the Group and hence for taking reasonable steps for the prevention and detection of fraud, error and non-compliance with law and regulations.

The directors have elected to prepare the financial statements for the Group in accordance with International Financial Reporting Standards (IFRS) as issued by the International Accounting Standards Board (IASB) and include amounts based on judgements and estimates made by management.

The directors acknowledge that they are ultimately responsible for the system of internal financial control established by the Group and place considerable importance on maintaining a strong control environment. These are designed to provide reasonable, but not absolute, assurance as to the reliability of the financial statements of the Group. Nothing has come to the attention of the directors to indicate that any material breakdown in the functioning of these controls, procedures and systems has occurred during the year under review.

The going concern basis has been adopted in preparing the financial statements for the Group. The directors have no reason to believe that the Group will not be a going concern in the foreseeable future based on forecasts and available cash resources. These financial statements support the viability of the Group.

Auditors
The current directors have taken all reasonable steps to make themselves aware of any information needed by the Group's auditors for the purposes of their audit and to establish that the auditors are aware of that information. The directors are not aware of any relevant audit information of which the auditors are unaware.

These financial statements for the Group were approved by the Board of Directors on 14 March 2018 and are signed on its behalf by:CONTENTS





/s/ Graham Shuttleworth
Director
PAGE
Report of independent registered public accounting firmF - 100
Consolidated statements of comprehensive income for the years ended 31 December 2019, 2018 and 2017F - 101
Consolidated statements of financial position as at 31 December 2019, 18 and 2017F - 102
Consolidated statements of changes in equity for the years ended 31 December 2019, 2018 and 2017F - 103
Consolidated statements of cash flows for the years ended 31 December 2019, 2018 and 2017F - 104, 105
Statement of directors responsibilitiesF - 106
Notes to the consolidated financial statementsF - 107



REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



Shareholders and Board of Directors
Kibali (Jersey) Limited,
Jersey, Channel Islands



Opinion on the Consolidated Financial Statements

We have audited the accompanying consolidated statements of financial position of Kibali (Jersey) Limited (the “Company”)Company) and subsidiaries as of 31 December 2017, 20162019, 2018 and 2015,2017, the related consolidated statements of comprehensive income, changes in equity, and cash flows for each of the three years in the period ended 31 December 2017,2019, and the related notes (collectively referred to as the “consolidated financial statements”). In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of the Company and subsidiaries at 31 December 2017, 20162019, 2018 and 2015,2017, and the results of their operations and their cash flows for each of the three years in the period ended 31 December 2017,2019, in conformity with International Financial Reporting Standards as Issuedissued by the International Accounting Standards Board.

Basis for Opinion

These consolidated financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on the Company’s consolidated financial statements based on our audits. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (“PCAOB”)(PCAOB) and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement, whether due to error or fraud. The Company is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. As part of our audits we are required to obtain an understanding of internal control over financial reporting but not for the purpose of expressing an opinion on the effectiveness of the Company’s internal control over financial reporting. Accordingly, we express no such opinion.

Our audits included performing procedures to assess the risks of material misstatement of the consolidated financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the consolidated financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that our audits provide a reasonable basis for our opinion.





/s/ BDO LLP

BDO LLP

We have served as the Company's auditor since 2013.

London, United Kingdom
1427 March 20182020



CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME
FOR THE YEARS ENDED 31 DECEMBER 2017, 20162019, 2018 and 20152017
 2017
 2016
 2015
 2019
 2018
 2017
Note$’000
 $’000
 $’000
Note$’000
 $’000
 $’000
REVENUE            
Gold sales 754 852
 709,372
 747,272
41,122,940
 1,041,035
 754,852
Other income3146
 136
 1,657
5170
 56,838
 146
TOTAL INCOME 754 998
 709,508
 748,929
 1,123,110
 1,097,873
 754,998
COSTS AND EXPENSES            
Mining and processing costs4698 980
 594,722
 550,712
6688,796
 772,259
 698,980
Royalties 31 913
 32,976
 30,196
 52,792
 45,249
 31,913
Exploration and corporate expenditure58 205
 6,398
 8,248
713,686
 6,154
 8,205
Other expenses355 031
 48,250
 3,658
56,021
 45,288
 55,031
TOTAL COSTS 794 129
 682,346
 592,814
 761,295
 868,950
 794,129
            
Finance income64 147
 4,735
 4,818
84,370
 3,380
 4,147
Finance costs6(5 478)
 (5,298) (5,376)8(3,973) (4,465) (5,478)
Finance costs - net (1 331)
 (563) (558)
Finance income/costs - net 397
 (1,085) (1,331)
Share of profits of equity accounted joint venture25113
 129
 268
2634
 132
 113
(LOSS) / PROFIT BEFORE INCOME TAX (40 349)
 26,728
 155,825
Income tax benefit / (expense)754 333
 22,962
 (17,840)
PROFIT/(LOSS) BEFORE INCOME TAX 362,246
 227,970
 (40,349)
Income tax (expense) / benefit9(61,934) (15,972) 54,333
PROFIT FOR THE YEAR 13 984
 49,690
 137,985
 300,312
 211,998
 13,984
OTHER COMPREHENSIVE INCOME/(EXPENSE)            
(Loss) / gain on available for sale financial asset (33) 13
 (29)
Recycling of permanent losses on available-for-sale asset 
 
 3,173
(Loss) / gain on investment in marketable securities (5) (17) (33)
TOTAL COMPREHENSIVE INCOMETOTAL COMPREHENSIVE INCOME13 951
 49,703
 141,129
TOTAL COMPREHENSIVE INCOME300,307
 211,981
 13,951
PROFIT FOR THE YEAR            
Attributable to:            
Owners of the parent 26 341
 57,537
 135,883
 288,401
 207,750
 26,341
Non-controlling interest (12 357)
 (7,847) 2,102
 11,911
 4,248
 (12,357)
13 984
 49,690
 137,985
300,312
 211,998
 13,984
TOTAL COMPREHENSIVE INCOMETOTAL COMPREHENSIVE INCOME     TOTAL COMPREHENSIVE INCOME     
Attributable to:            
Owners of the parent 26 308
 57,550
 139,027
 288,396
 207,733
 26,308
Non-controlling interest (12 357)
 (7,847) 2,102
 11,911
 4,248
 (12,357)
 13 951
 49,703
 141,129
 300,307
 211,981
 13,951



















The accompanying notes on pages F - 107 to F - 149 form part of these consolidated financial statements


CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
AS AT 31 DECEMBER 2017, 20162019, 2018 and 20152017
 2017
 2016
 2015
 2019
 2018
 2017
Note$’000
 $’000
 $’000
Note$’000
 $’000
 $’000
NON-CURRENT ASSETS            
Property, plant and equipment82 107 718
 2,068,306
 2,012,303
101,892,847
 1,988,533
 2,107,718
Mineral properties9519 117
 576,536
 634,394
11404,432
 454,479
 519,117
Long term ore stockpiles1212 779
 43,771
 43,162
1452,685
 28,510
 12,779
Investment in equity accounted joint venture25255
 142
 289
26343
 387
 255
Other investments in joint venture2525 577
 28,830
 31,086
2620,795
 21,479
 25,577
Total investment in joint venture2525 832
 28,972
 31,375
2621,138
 21,866
 25,832
Trade and other receivables11125 294
 87,435
 32,788
13140,987
 137,852
 125,294
Deferred tax asset1043,237
 
 
129,647
 27,265
 43,237
TOTAL NON-CURRENT ASSETS 2,833,977
 2,805,020
 2,754,022
 2,521,736
 2,658,505
 2,833,977
CURRENT ASSETS            
Inventories and ore stockpiles1273 231
 72,505
 78,598
1495,003
 93,036
 73,231
Trade and other receivables1192 991
 107,025
 180,724
1389,047
 112,982
 92,991
Available-for-sale financial asset1326
 58
 45
Investment in marketable securities233
 9
 26
Cash and cash equivalents 3 288
 18,865
 21,373
 452,692
 123,931
 3,288
TOTAL CURRENT ASSETS 169 536
 198,453
 280,740
 636,745
 329,958
 169,536
TOTAL ASSETS 3 003 513
 3,003,473
 3,034,762
 3,158,481
 2,988,463
 3,003,513
EQUITY AND LIABILITIES            
EQUITY            
Share capital145
 5
 5
155
 5
 5
Share premium 2 523 612
 2,493,612
 2,493,612
152,523,612
 2,523,612
 2,523,612
Retained earnings 293 821
 267,480
 269,943
 462,972
 324,571
 293,821
Other reserve (20) 13
 
 (42) (37) (20)
Equity attributable to owners of the parent 2 817 418
 2,761,110
 2,763,560
 2,986,547
 2,848,151
 2,817,418
Non-controlling interest157 420
 19,777
 27,624
1623,579
 11,668
 7,420
TOTAL EQUITY 2 824 838
 2,780,887
 2,791,184
 3,010,126
 2,859,819
 2,824,838
NON-CURRENT LIABILITIES            
Loans and borrowings(1)1641 210
 46,929
 51,747
171,507
 1,526
 860
Deferred tax liabilities10
 11,096
 41,926
Lease liabilities1743,821
 27,465
 40,350
Provision for rehabilitation1723 244
 21,163
 15,533
1825,516
 23,640
 23,244
TOTAL NON-CURRENT LIABILITIES 64 454
 79,188
 109,206
 70,844
 52,631
 64,454
CURRENT LIABILITIES            
Loans and borrowings(1)167 596
 10,285
 9,808
17
 
 
Lease liabilities1711,105
 11,425
 7,596
Trade and other payables18104 633
 131,859
 117,083
1946,484
 59,770
 104,633
Current tax payable 1 992
 1,254
 7,481
 19,922
 4,818
 1,992
TOTAL CURRENT LIABILITIES 114 221
 143,398
 134,372
 77,511
 76,013
 114,221
TOTAL EQUITY AND LIABILITIES 3 003 513
 3,003,473
 3,034,762
 3,158,481
 2,988,463
 3,003,513

(1)
Comparatives for loans and borrowings that relate to the KAS lease have been reclassified to lease liabilities to allow for consistency.

The financial statements were approved by the Board of Directors on 27 March 2020 and signed on its behalf by:

/s/ Graham Shuttleworth

Graham Shuttleworth
Director
The accompanying notes on pages F - 107 to F - 149 form part of these consolidated financial statements.statements


CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY
AS AT 31 DECEMBER 2017, 20162019, 2018 and 20152017
$’000
Share
Capital

 
Share
Premium

 
Retained
earnings

 
Other
Reserves

 
Total equity
attributable
to owners of
the parent

 
Non-
Controlling
Interest

 
Total
Equity

Balance at 1 January 20155
 2,493,612
 204,060
 (3,144) 2,694,533
 25,522
 2,720,055
Fair value movement on available-for-sale financial asset
 
 
 (29) (29) 
 (29)
Recycling of permanent losses on available-for-sale asset
 
 
 3,173
 3,173
 
 3,173
Total other comprehensive expense
 
 
 3,144
 3,144
 
 3,144
Net profit for the year
 
 135,883
 
 135,883
 2,102
 137,985
Total comprehensive income
 
 135,883
 3,144
 139,027
 2,102
 141,129
Diivdends
 
 (70,000) 
 (70,000) 
 (70,000)
Balance at 31 December 20155
 2,493,612
 269,943
 
 2,763,560
 27,624
 2,791,184
Balance at 1 January 20165
 2,493,612
 269,943
 
 2,763,560
 27,624
 2,791,184
Fair value movement on available-for-sale financial asset
 
 
 13
 13
 
 13
Total other comprehensive income
 
 
 13
 13
 
 13
Net profit/(loss) for the year
 
 57,537
 
 57,537
 (7,847) 49,690
Total comprehensive income/(expense)
 
 57,537
 13
 57,550
 (7,847) 49,703
Dividends
 
 (60,000) 
 (60,000) 
 (60,000)
Balance at 31 December 20165
 2,493,612
 267,480
 13
 2,761,110
 19,777
 2,780,887
Balance at 1 January 20175
 2,493,612
 267,480
 13
 2,761,110
 19,777
 2,780,887
Fair value movement on available-for-sale financial asset
 
 
 (33) (33) 
 (33)
Total other comprehensive expense
 
 
 (33) (33) 
 (33)
Net profit/(loss) for the year
 
 26,341
 
 26,341
 (12,357) 13,984
Total comprehensive income/(expense)
 
 26,341
 (33) 26,308
 (12,357) 13,951
Shares issued (note 14)
 30,000
 
 
 30,000
 
 30,000
Balance at 31 December 20175
 2,523,612
 293,821
 (20) 2,817,418
 7,420
 2,824,838
$’000
Share
Capital

 
Share
Premium

 
Retained
earnings

 
Other
Reserves

 
Total equity
attributable
to owners of
the parent

 
Non-
Controlling
Interest

 
Total
Equity

Balance at 1 January 20175
 2,493,612
 267,480
 13
 2,761,110
 19,777
 2,780,887
Fair value movement on investment in marketable securities
 
 
 (33) (33) 
 (33)
Total other comprehensive income
 
 
 (33) (33) 
 (33)
Net profit/(loss) for the year
 
 26,341
 
 26,341
 (12,357) 13,984
Total comprehensive
income/(expense)

 
 26,341
 (33) 26,308
 (12,357) 13,951
Shares issued
 30,000
 
 
 30,000
 
 30,000
Balance at 31 December 20175
 2,523,612
 293,821
 (20) 2,817,418
 7,420
 2,824,838
Balance at 1 January 20185
 2,523,612
 293,821
 (20) 2,817,418
 7,420
 2,824,838
Fair value movement on investment in marketable securities
 
 
 (17) (17) 
 (17)
Total other comprehensive expense
 
 
 (17) (17) 
 (17)
Net profit for the year
 
 207,750
 
 207,750
 4,248
 211,998
Total comprehensive
income/(expense)

 
 207,750
 (17) 207,733
 4,248
 211,981
Dividend(1)

 
 (177,000) 
 (177,000) 
 (177,000)
Balance at 31 December 20185
 2,523,612
 324,571
 (37) 2,848,151
 11,668
 2,859,819
Balance at 1 January 20195
 2,523,612
 324,571
 (37) 2,848,151
 11,668
 2,859,819
Fair value movement on investment in marketable securities
 
 
 (5) (5) 
 (5)
Total other comprehensive expense
 
 
 (5) (5) 
 (5)
Net profit for the year
 
 288,401
 
 288,401
 11,911
 300,312
Total comprehensive
income/(expense)

 
 288,401
 (5) 288,396
 11,911
 300,307
Dividend(1)

 
 (150,000) 
 (150,000) 
 (150,000)
Balance at 31 December 20195
 2,523,612
 462,972
 (42) 2,986,547
 23,579
 3,010,126

SHARE CAPITAL
The share capital comprises the issued ordinary shares of the companyCompany at par.

SHARE PREMIUM
The share premium comprises the excess value recognised from the issue of ordinary shares at par.

RETAINED EARNINGS
Retained earnings comprises the Group’s cumulative accounting profits and losses since inception less dividends.

OTHER RESERVES
Other reserves comprises the Group’s cumulative fair value movement on the available-for sale financial assetinvestment in marketable securities since inception in Kilo Goldmines Limited less amounts reclassified to profit and loss.

NON-CONTROLLING INTEREST
TheThe non-controlling interest represents the total carrying value of the 10% interest Société Minière de Kilo-Moto (“SOKIMO”)SA (SOKIMO) has in Kibali Goldmines SA (Kibali), which is a subsidiary of Kibali (Jersey) Limited.



The accompanying notes on pages F - 107 to F - 149 form part of these consolidated financial statements.statements


(1) This balance relates to dividends declared and fully paid up to Shareholders in the period.


CONSOLIDATED STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED 31 DECEMBER 2017, 20162019, 2018 and 20152017
 2017
 2016
 2015
 2019
 2018
 2017
Note$’000
 $’000
 $’000
Note$’000
 $’000
 $’000
CASH FLOWS FROM OPERATING ACTIVITIES            
Cash generated by operations23225 429
 272,950
 369,658
24615,431
 473,208
 225,429
Interest received 2 701
 3,400
 3,591
 2,683
 1,814
 2,701
Finance cost paid (4 856)
 (4,637) (4,198) (715) (515) (1,018)
Dividends received from equity accounted joint venture25
 276
 
26156
 
 
Income tax paid (1 796)
 (8,973) (13,148) (6,193) 
 (1,796)
Net cash flows generated by operating activities 221 478
 263,016
 355,903
 611,362
 474,507
 225,316
CASH FLOWS RELATED TO INVESTING ACTIVITIES            
Additions of property, plant and equipment (256 208)
 (213,570) (286,905) (120,202) (155,298) (256,208)
Repayment of loan from equity accounted joint venture 3 170
 2,555
 423
 1,900
 4,098
 3,170
Net cash outflows used in investing activities (253 038)
 (211,015) (286,482) (118,302) (151,200) (253,038)
CASH FLOWS RELATING TO FINANCING ACTIVITIES            
Proceeds from issue of ordinary shares 30 000
 
 
15
 
 30,000
Distribution of dividends (8 000)
 (52,000) (70,000)
Payment of dividends (150,000) (177,000) (8,000)
Decrease in loans and borrowings(1) (7 228)
 (6,714) (6,302) 
 
 
Principle paid on lease liabilities (11,110) (9,579) (7,228)
Interest paid on lease liabilities (3,153) (3,359) (3,838)
Net cash inflows/(outflows) provided by financing activities 14 772
 (58,714) (76,302) (164,263) (189,938)
10,934
Net decrease in cash and cash equivalents (16 788)
 (6,713) (6,881)
Net increase/(decrease) in cash and cash equivalents 328,797
 133,369
 (16,788)
Cash and cash equivalents at the beginning of the year 7 314
 14,027
 20,908
 123,895
 (9,474) 7,314
Cash and cash equivalents at the end of the year (9 474)
 7,314
 14,027
 452,692
 123,895
 (9,474)
Cash and cash equivalents include the following for the purpose of the consolidated statement of cash flow:      
Cash and cash equivalents 3 288
 18,865
 21,373
Bank overdrafts18(12 762)
 (11,551) (7,346)
Cash and cash equivalents (9 474)
 7,314
 14,027
      
(1)
Comparatives for loans and borrowings that relate to the KAS lease have been reclassified to lease liabilities to allow for consistency.

CONSOLIDATED STATEMENTS OF CASH FLOWS (CONTINUED)
FOR THE YEARS ENDED 31 DECEMBER 2019, 2018 and 2017

Cash and cash equivalents include the following for the purpose of the consolidated statement of cash flow:
       
Cash and cash equivalents 452,692
 123,931
 3,288
Bank overdrafts19
 (36) (12,762)
Cash and cash equivalents 452,692
 123,895
 (9,474)

Bank overdrafts are classified as cash and cash equivalents as they form an integral part of cash management and fluctuate from positive to overdrawn.



















































The accompanying notes on pages F - 107 to F - 149 form part of these consolidated financial statements.statements




1.STATEMENT OF DIRECTORS' RESPONSIBILITIES
1.

The Directors are responsible for preparing these special purpose consolidated financial statements for Kibali (Jersey) Limited and its subsidiaries as at December 31, 2019, 2018 and 2017 and for each of the three years in the period ended December 31,  2019, in conformity with lnternational Financial Reporting Standards as issued by the lnternational Accounting Standards Board. The Directors are responsible for keeping proper accounting records that disclose with reasonable accuracy at any time the financial position of the group, and for identifying and ensuring that the group complies with the law and regulations applicable to their activities. They are also responsible for safeguarding the assets of the group and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities. The Directors confirm that suitable accounting policies have been used and applied consistently for the periods presented. They also confirm that reasonable and prudent judgments and estimates have been made in preparing these special purposes consolidated financial statements and that applicable accounting standards have been followed.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

2. SIGNIFICANT ACCOUNTING POLICIES

The principal accounting policies applied in the preparation of these consolidated financial statements are set out below. These policies have been consistently applied to all the years presented, unless otherwise stated.

BASIS OF PREPARATION

The consolidated financial statements of Kibali (Jersey) Limited (the Company) and its subsidiaries and joint venture (the Group) have been prepared in accordance with International Financial Reporting Standards and Interpretations (collectively (IFRS)) issued by the International Accounting Standards Board (IASB).

The consolidated financial statements have been prepared under the historical cost convention, as modified by the revaluation of available-for-sale financial assets.investment in marketable securities classified as fair value through other comprehensive income. The preparation of financial statements in conformity with IFRS requires the use of certain critical accounting estimates. It also requires management to exercise its judgement in the process of applying the Group’s accounting policies. The areas involving a high degree of judgement or complexity, or areas where assumptions and estimates are significant to the consolidated financial statements are disclosed in note 2.3.

After reviewingIn assessing the Group’s budget forgoing concern status, the next financial year,Directors have taken into account the impact of the current pandemic on its on-going operations, as well as the following factors and other longer termassumptions: the current cash position; the latest mine plans, the Group’s capital expenditure and the short-term gold price. In addition, the Directors have considered a range of scenarios around the various potential outcomes of the pandemic, including the impact on global supply chain on its operations and cash flows. After making appropriate enquiries and considering the uncertainties described above, the directors are satisfied, at the time of approving the financial statements, that it is appropriate to adopt the going concern basis in preparing the financial statements. The directors have no reason to believe that the Group will not be a going concern for at least the next 12 months from the date of approval of these financial statements based on forecasts and available cash resources and available facilities.resources.

NEW STANDARDS AND INTERPRETATIONS APPLIED

The IASB has issued the following new standards, amendments to published standards and interpretations to existing standards with effective dates on or prior to 1 January 20172019 which have been adopted by the Group for the first time this year.

Effective period commencing on or after
New standards which impacted the Group
IFRS 16Leases1 Jan 2019
IFRIC 23IFRIC 23 Uncertainty over Income Tax Treatments1 Jan 2019
Other standards which had no material impact o the Group
IFRS 9
Amendments to IFRS 9: Prepayment Features with Negative Compensation

1 Jan 2019
IAS 28
Amendments to IAS 28: Long-term interests in Associates and Joint Ventures

1 Jan 2019
IAS 19Amendments to IAS 19: Plan Amendment, Curtailment or Settlement1 Jan 2019

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

NEW STANDARDS AND INTERPRETATIONS APPLIED (CONTINUED)

The Group adopted IFRS 16 and IFRIC 23 with a transition date of 1 January 2019. IFRS 16 Leases Effective 1 January 2019, has replaced IAS 17 Leases and IFRIC 4 Determining whether an Arrangement Contains a Lease. IFRS 16 provides a single lessee accounting model, requiring the recognition of assets and liabilities for all leases, together with options to exclude leases where the lease term is 12 months or less, or where the underlying asset is of low value. IFRS 16 substantially carries forward the lessor accounting in IAS 17, with the distinction between operating leases and finance leases being retained. The Group does not have significant leasing activities acting as a lessor.

Transition Method and Practical Expedients Utilised
It further provides for certain optional practical expedients, including those related to the initial adoption of the standard. The Group applied the following practical expedients when applying IFRS 16 to leases previously classified as operating leases under IAS 17:
(a)Reliance on previous assessments on whether leases are onerous as opposed to preparing an impairment review under IAS 36 as at the date of initial application; and
(b)Applied the exemption not to recognise right-of-use assets and liabilities for leases with less than 12 months of lease term remaining as of the date of initial application.
(c)Used hindsight when determining the lease term for contracts containing options to extend or terminate the lease.

As a lessee, the Group previously classified leases as operating or finance leases based on its assessment of whether the lease transferred substantially all of the risks and rewards of ownership. Under IFRS 16, the Group recognizes right-of-use assets and lease liabilities for most leases. However, the Group has elected not to recognise right-of-use assets and lease liabilities for some leases of low value assets based on the value of the underlying asset when new or for short-term leases with a lease term of 12 months or less. Please refer to note 20.

IFRIC 23 provides guidance on the accounting for current and deferred tax liabilities and assets in
circumstances in which there is uncertainty over income tax treatments. The Interpretation requires:

The Group to determine whether uncertain tax treatments should be considered separately, or together as a group, based on which approach provides better predictions of the resolution;
The Group to determine if it is probable that the tax authorities will accept the uncertain tax treatment; and
If it is not probable that the uncertain tax treatment will be accepted, measure the tax uncertainty based on the most likely amount or expected value, depending on whichever method better predicts the resolution of the uncertainty. This measurement is required to be based on the assumption that each of the tax authorities will examine amounts they have a right to examine and have full knowledge of all related information when making those examinations. A material impact is not expected from the application of the interpretation. The adoption of IFRIC 23 did not result in any material change to the Group’s tax position from the beginning of the earliest period presented.

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

NEW STANDARDS AND INTERPRETATIONS APPLIED (CONTINUED)

Certain new standards, amendments and interpretations to existing standards have been published and are relevant to the Group’s activities and are mandatory for the Group’s accounting periods beginning 1 January 2020, or later periods and which the Group has decided not to early adopt. These include the following, and are not expected to have not had aany material impact.impact:

    Effective period commencing on or after
     
IFRS 123 Amendments to IFRS 3 Business Combinations - RecognitionDefinition of deferred tax assets for unrealised lossesa Business January 1 2017Jan 2020
     
IAS 71 and IAS 8 Amendments - Disclosure initiativeto IAS 1 and IAS 8: Definition of Material January 1 2017Jan 2020
     
IFRS 9, IAS 37 and IFRS 7

 Annual improvements
Amendments to IFRSs (2014 – 2016 cycle)IFRS 9, IAS 37 and IFRS 7: Interest Rate Benchmark Reform

 January 1 2017

STANDARDS EFFECTIVE IN FUTURE PERIOD

Certain new standards, amendments and interpretations to existing standards have been published that are relevant to the Group’s activities and are mandatory for the Group’s accounting periods beginning after 1 January 2018 or later periods and which the Group has decided not to adopt early. These include:
Effective period commencing on or after
IFRS 9Financial instrumentsJanuary 1, 2018
IFRS 15Revenue from contracts with customersJanuary 1, 2018
IFRS 16LeasesJanuary 1, 2019
Clarifications to IFRS 15 revenue from Contracts with CustomersJanuary 1, 2018
IFRIC 22Foreign Currency Transactions and Advance ConsiderationJanuary 1, 2018
IFRIC 23Uncertainty over Income Tax TreatmentsJanuary 1, 2019Jan 2020
     
IAS 281 
Amendments - Long-term interests in Associates and Joint Venturesto IAS 1: Classification of Liabilities as Current or Non-current

 January 1 2019Jan 2022
     
Annual improvements to IFRSs (2015 – 2017 cycle)January 1, 2019

IFRS 15 is intended to introduce a single framework for revenue recognition and clarify principles of revenue recognition. This standard modifies the determination of when to recognise revenue and how much revenue to recognise. The core principle is that an entity recognises revenue to depict the transfer of promised goods and services to the customer of an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. Management have completed an assessment of the existing gold sale contract and, based on the analysis performed, do not anticipate any material impact to the recognition of revenue upon adoption of this standard based on the existing arrangements at their operations.


1.    SIGNIFICANT ACCOUNTING POLICIES (continued)


IFRS 16 introduces a single lease accounting model. This standard requires lessees to account for all leases under a single on-balance sheet model. Under the new standard, a lessee is required to recognise all lease assets and liabilities on the balance sheet; recognise amortisation of leased assets and interest on lease liabilities over the lease term; and separately present the principal amount of cash paid and interest in the cash flow statement. The requirements of IFRS 16 extend to certain service contracts, such as mining contractors in which the contractor provides services and the use of assets, which may impact the group. Accordingly, the group have initiated a review of relevant contracts to complete an impact assessment in 2018.

IFRS 9 “Financial instruments” addresses the classification and measurement of financial assets and financial liabilities. The complete version of IFRS 9 was issued in July 2014. It replaces the guidance in IAS 39 that relates to the classification and measurement of financial instruments. IFRS 9 retains but simplifies the mixed measurement model and establishes three primary measurement categories for financial assets: amortised cost, fair value through other comprehensive income (OCI) and fair value through profit or loss. The basis of classification depends on the entity’s business model and the contractual cash flow characteristics of the financial asset. Investments in equity instruments are required to be measured at fair value through profit or loss with the irrevocable option at inception to present changes in fair value in OCI. There is now a new expected credit loss model that replaces the incurred loss impairment model used in IAS 39 and will apply to loans to joint ventures although the impact is not expected to be material. It is noted that value added tax (TVA) receivables are outside the scope of this standard. For financial liabilities there were no significant changes to classification and measurement except for the recognition of changes in credit risk in other comprehensive income, for liabilities designated at fair value through profit or loss. Contemporaneous documentation is still required but is different to that currently prepared under IAS 39.

CONSOLIDATION

The consolidated financial information includes the financial statements of the Company, its subsidiaries and the Company’s equity accounted joint ventures using uniform accounting policies for similar transactions and other events in similar circumstances.


SUBSIDIARIES

Subsidiaries are entities over which the Group has power, exposure, or rights, to variable returns from its involvement and the ability to use its power over the investee to affect the amount of the Group's returns; generally accompanying an interest of more than one-half of the voting rights.

Subsidiaries are fully consolidated from the date on which control is transferred to the Group. They are deconsolidated from the date that control ceases. The purchase method of accounting is used to account for the acquisition of subsidiaries by the Group. The cost of an acquisition is measured at the fair value of the assets given, equity instruments issued and liabilities incurred or assumed at the date of exchange. Acquisition costs are expensed. Identifiable assets acquired (including mineral property interests or other identifiable intangible assets) and liabilities and contingent liabilities assumed in a business combination are measured initially at their fair values at the acquisition date, irrespective of the extent of any non-controlling interest. The excess of the cost of acquisition over the fair value of the Group’s share of the identifiable net assets acquired is recorded as goodwill. If the cost of acquisition is less than the fair value of the net assets of the subsidiary acquired, the difference is recognised directly in the statement of comprehensive income.

Intercompany transactions, balances and unrealised gains on transactions between group companies are eliminated. Unrealised losses are also eliminated unless the transaction provides evidence of an impairment of the asset transferred. Accounting policies of subsidiaries have been changed where necessary to ensure consistency with the policies adopted by the Group.


2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

NON-CONTROLLING INTERESTS

The Group initially recognised any non-controlling interest in the acquiree at the non-controlling interest's proportionate share of the acquiree's net assets. The group has not elected to take the option to use fair value in acquisitions completed to date.

The total comprehensive income of non-wholly owned subsidiaries is attributed to owners of the parent and to the non-controlling interests in proportion to their relative ownership interests.

JOINT VENTURES

The Group holds interests in one joint venture. In a joint venture the parties that have joint control of the arrangement (the joint venturer) have a right to the net assets of the arrangement. This right is accounted for in the consolidated financial statements using the equity method. Joint control is considered to exist when there is contractual joint control; control being the power to govern the financial and operating policies of an entity so as to obtain benefits from the activities and the ability to use its power over the investee to affect the amounts of the Group’s returns by the joint venturers.

Acquisitions
Except for initial recognition under IFRS 11 transition rules, further investments in additional joint ventures are initially recognised at cost. The cost of an acquisition is measured at the fair value of the assets given, equity instruments issued or liabilities incurred or assumed at the date of exchange, plus costs directly attributable to the acquisition. Goodwill on associated companies and joint ventures represents the excess of the cost of acquisition of the associate or joint venture over the Group’s share of the fair value of the identifiable net assets of the associate or joint venture and is included in the carrying amount of the investment.




1.    SIGNIFICANT ACCOUNTING POLICIES (continued)


Joint ventures are accounted for using the equity method of accounting. In applying the equity method of accounting, the Group’s share of its joint ventures’ post-acquisition profits or losses are recognised in profit or loss and its share of post-acquisition other comprehensive income is recognised in other comprehensive income. These post-acquisition movements and distributions received from the joint venture companies are adjusted against the carrying amount of the investments. When the Group’s share of losses in a joint venture Company equals or exceeds its interest in the joint venture Company, including any other unsecured non-current receivables, the Group does not recognise further losses, unless it has obligations to make or has made payments on behalf of the joint venture Company.

Unrealised gains on transactions between the Group and its joint venture companies are eliminated to the extent of the Group’s interest in the joint venture companies. Unrealised losses are also eliminated unless the transaction provides evidence of an impairment of the asset transferred. Trading receivables and payables with joint ventures are classified within trade and other receivables and payables. The accounting policies of joint venture companies have been changed where necessary to ensure consistency with the accounting policies adopted by the Group.

Dividends received are classified as operating cash flows in the consolidated cash flow statement.

The carrying value of the investment in joint venture is compared to the recoverable amounts whenever circumstances indicate that the net book value may not be recoverable. An impairment is recognised in the profit or loss to the extent that the carrying value exceeds the recoverable amount.

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

JOINT VENTURES (CONTINUED)

Impairment provisions for loans to joint ventures classified as ‘other investments’ in joint venture are recognised based on a forward looking expected credit loss model. The methodology used to determine the amount of the provision is based on whether there has been a significant increase in credit risk since initial recognition of the financial asset. For those where the credit risk has not increased significantly since initial recognition of the financial asset, twelve month expected credit losses along with gross interest income are recognised. For those for which credit risk has increased significantly, lifetime expected credit losses along with the gross interest income are recognised. For those that are determined to be credit impaired, lifetime expected credit losses along with interest income on a net basis are recognised.

SEGMENTAL REPORTING

An operating segment is a group of assets and operations engaged in performing mining or advanced exploration that are subject to risks and returns that are different from those of other segments. Other parts of the business are aggregated and treated as part of a ‘corporate and exploration’ segment. The Group provides segmental information using the same categories of information which the Group’s chief operating decision makerdecision-maker utilises. The Group’s chief operating decision maker is considered by management to be the board of directors.

The Group has only one businessoperating segment, being that of gold mining. Segment analysis is based on the mining operations and exploration projects that have a significant amount of capitalised expenditure or other fixed assets.

FOREIGN CURRENCY TRANSLATION

Functional and presentation currency
Items included in the financial statements of each of the Group’s entities are measured using the currency of the primary economic environment in which the entity operates (the functional currency). The consolidated financial statements are presented in US dollars, which is also the functional currency of the Company and its significant subsidiaries and joint ventures.

Transactions and balances
Foreign currency transactions are translated into the relevant functional currency using the exchange rates prevailing at the date of the transactions. Foreign exchange gains and losses resulting from the settlement of such transactions and from the translation at year end exchange rates of monetary assets and liabilities denominated in foreign currencies are recognised in the statement of comprehensive income in other income and other expenses.

INTANGIBLE ASSETS

Mineral properties
Mineral properties acquired are recognised at fair value at the acquisition date. Mineral properties are recognised at fair value if acquired as part of a business combination, whereas they are recognised atcost if acquired as an asset. Mineral properties are tested annually for impairment on the same basis that property, plant and equipment are when there is an indication of impairment. Mineral properties are amortised on units of production basis from the point at which the mine commences production (refer to ‘depreciation and amortisation’ policy below).


2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

PROPERTY, PLANT AND EQUIPMENT

Long-lived assets and mine development costs
Long-lived assets including development costs and mine plant facilities (such as metallurgical plant, tailings and raw water dams, power plant and mine infrastructure) are initially recorded at cost. Development of ore bodies includes the development cost of shaft systems and waste rock removal that allows access to reserves that are economically recoverable in the future. Cost associated with underground development are capitalised when the works provide access to the ore body, whereas costs associated with ore extraction from operating ore body sections are treated as operating costs. Where relevant the estimated cost of dismantling the asset and remediating the site is included in the cost of property, plant and equipment, subsequently they are measured at cost less accumulated amortisation and impairment.

Development costs consist primarily of direct expenditure incurred to establish or expand productive capacity.

1.    SIGNIFICANT ACCOUNTING POLICIES (continued)


Costs are capitalised during the construction of a new mine until commercial levels of production are achieved (refer to ‛commercial production’ below), after which the relevant costs are amortised. Costs are capitalised provided that the project is considered to be commercially, technically and economically viable. Such viability is deemed to be achieved when the Group is confident that the project will provide a satisfactory return relative to its perceived risks and is sufficiently certain of economic production. Costs which are necessarily incurred while commissioning new assets, in the period before they are capable of operating in the manner intended by management, are capitalised under ‘Long-lived assets and mine development costs’.

Development costs incurred after the commencement of production are capitalised to the extent they are expected to give rise to a future economic benefit.

Commercial production
When a mine construction project is substantially complete and ready for its intended use the asset moves into the production stage, the capitalisation of certain mine construction costs ceases and subsequent costs are either regarded as inventory or expensed, except for capitalisable costs related to subsequent mining asset additions or improvements, underground mine development or ore reserve development.

The commissioning of an underground mine typically occurs in phases, with sections brought into production whilst deeper levels remain under construction. The shared infrastructures, such as declines of shafts, are assessed to determine whether they contribute to the production areas. Where they contribute to production, the attributable costs are transferred to production assets and start to be

depreciated. The costs transferred comprise costs directly attributable to producing zones or, where applicable, estimates of the portion of shared infrastructure that are attributed to the producing zones.

Development expenditure approval
Development activities commence after project sanctioning by the appropriate level of management. Judgement is applied by management in determining when a project has reached a stage at which economically recoverable reserves exists such that development may be sanctioned. In exercising this judgement, management is required to make certain estimates and assumptions similar to those described below for capitalised exploration and evaluation expenditure. Any such estimates and assumptions may change as new information becomes available.

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

PROPERTY, PLANT AND EQUIPMENT (CONTNUED)

Stripping costs
In surface mining operations, the Group may find it necessary to remove waste materials to gain access to mineral ore deposits prior to and after production commences. This waste removal activity is known as ‘stripping’. Prior to production commencing from a pit, stripping costs are measured internally and capitalised until the point where the overburden has been removed and access to the ore commences. Subsequent to production, waste stripping continues, either as part of ore extraction as a run of mine activity or due to strategic decisions such as pit push-back campaigns. There are two benefits accruing to the Group from stripping activity during the production phase: usable ore that can be used to produce inventory and improved access to further quantities of material that will be mined in future periods. Economic ore extracted during this period and subsequently is accounted for as inventory. The production stripping costs relating to improved access to further quantities in future periods are capitalised as a stripping activity asset, if and only if, all of the following are met:
itIt is probable that the future economic benefit (improved access to the ore body) associated with the stripping activity will flow to the Group;
theThe Group can identify the component of the ore body for which access has been improved; and
theThe costs relating to the stripping activity associated with that component or components can be measured reliably.

In determining the relevant component of the ore body for which access is improved, the Group componentises its mine into geographically distinct ore body sections or phases to which the stripping activities being undertaken within that component are allocated. Such phases are determined based on assessment of factors such as geology and mine planning.

Once determined that any portion of the production stripping costs should be capitalised, the Group typically uses the average stripping ratio of the component or phase of the mine to which the production stripping cost related to determine the amount of the production stripping costs that should be capitalised, unless the direct costs of stripping activity can be separately identified in which case such costs are capitalised.

The Group depreciates the deferred costs capitalised as stripping assets on a unit of production method, with reference to the ex-pit ore production from the relevant ore body component or phase.

Short-lived assets
Short-lived assets including non-mining assets are shown at cost less accumulated depreciation and impairment.

Depreciation and amortisation
Long-lived assets include mining properties, such as metallurgical plant, tailings and raw water dams, power plant and mine infrastructure, as well as mine development costs and are depreciated on a unit of production basis. In previous years, the tonnes milled unit of production approach was used to calculate depreciation, however in the current year an ounces produced method was adopted. The change in method used from tonnes milled to ounces produced, represented a change in estimate during the financial year. The directors believe the ounces produced method gives the best indication of plant and infrastructure usage.


1.2. SIGNIFICANT ACCOUNTING POLICIES (continued)
(CONTINUED)

PROPERTY, PLANT AND EQUIPMENT (CONTNUED)

Depreciation and amortisationamortization are charged over the life of the mine (or over the remaining useful life of the asset, if shorter) based on estimated ore tonnes contained ounces in proven and probable reserves to be extracted using the relevant asset, to reduce the cost to estimated residual values. No future capital expenditure is included in the depreciable value. Proven and probable ore reserves reflect estimated quantities of economically recoverable reserves, which can be recovered in the future from known mineral deposits. Only proven and probableLife of mine contained reserves are used in the tonnes milledcontained ounces units of production depreciation calculation. Any changes to the expected life of the mine (or asset) are applied prospectively in calculating depreciation and amortisation charges.

Depreciation of construction and development costs commences when commercial production is achieved, as detailed above. Underground development costs that are attributable to the commissioned sections of an underground mine are depreciated from the date the development provides access to operational areas and ore extraction begins from those areas. Other assets under construction, such as plant improvement projects, are depreciated from the date they are commissioned, based on assessment by the Group’s engineers.

Short-lived assets which include motor vehicles, office equipment and computer equipment are depreciated over estimated useful lives of between two to five years but limited to the remaining mine life. Residual values and useful lives are reviewed, and adjusted if appropriate, at each statement of financial position date.

Changes to the estimated residual values or useful lives are accounted for prospectively. Depreciation starts when the assets are ready and available for use.

Impairment
The carrying amount of the property, plant and equipment and investments in joint ventures of the Groupgroup is compared to the recoverable amount of the assets whenever events or changes in circumstances indicate that the net book value may not be recoverable. The recoverable amount is the higher of value in use and the fair value less cost to sell. In assessing the value in use, the expected future cash flows from the assets is determined by applying a discount rate to the anticipated risk adjusted future cash flows. The discount rate usedis derived from the Group’sgroup’s weighted average cost of capital adjusted for asset specific factors aswhen applicable. An impairment is recognised in the profit or lossincome statement to the extent that the carrying amount exceeds the assets’ recoverable amount. OnlyGenerally proven and probable reserves are used in the calculations, although limited ore resources may be included when they are considered economically viable and sufficiently likely to be extracted and form part of the approved mine plan. The models use the approved mine planplans and exclude capital expenditure which enhance the assets or extractable ore tonnes outside of such approved mine plan.plans. The revised asset carrying amounts are depreciated in line with Groupgroup accounting policies.

A previously recognised impairment loss is reversed if the recoverable amount increases as a result of a reversal of the conditions that originally resulted in the impairment. This reversal is recognised in the profit or lossincome statement and is limited to the carrying amount that would have been determined, net of depreciation, had no impairment loss been recognised in prior years.

Assets are grouped at the lowest levels for which there are separately identifiable cash flows (cash-generating units) for purposes of assessing impairment. The estimates of future discounted cash flows are subject to risks and uncertainties including the future gold price. It is therefore reasonably possible that changes could occur which may affect the recoverability of property, plant and equipment.

INVENTORIES

Inventories include ore stockpiles, gold in process and doré, and supplies and spares and are stated at the lower of cost or net realisable value. The cost of ore stockpiles and gold produced is determined principally by the weighted average cost method using related production costs.


2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

INVENTORIES (CONTNUED)

Costs of stockpiles include costs incurred up to the point of stockpiling, such as mining and grade control costs, but exclude future costs of production. Ore extracted is allocated to separate stockpiles based on estimated grade, with grades below defined cut-off levels treated as waste and expensed. While held in physically separate stockpiles, the Group blends the ore from each stockpile when feeding the processing plant to achieve the resultant gold content. In such circumstances, lower and higher grade ore stockpiles each represent a raw material, used in conjunction with each other, to deliver overall gold production, as supported by the relevant feed plan. Kibali’s high and medium grade ore stockpile is above 1.53g/3.07g/t with a marginal ore cut-off grade of 0.99g/1.13g/t.

The processing of ore in stockpiles occurs in accordance with the Life of Mine (LOM) processing plan that has been optimised based on the known mineral reserves, current plant capacity and mine design. Ore tonnes contained in the stockpile which are to be milled as per the mine plan over the period beyond the next twelve months, are classified as non-current in the statement of financial position.

Net realisable value of ore stockpiles is determined with reference to estimated contained gold and market gold prices applicable. Ore stockpiles which are blended together or with future ore mined when fed to the plant are assessed as an input to the gold production process to ensure the combined stockpiles are carried at the lower of cost and net realisable value. Ore stockpiles which are not planned to be blended in production are assessed separately to ensure they are carried at the lower of cost and net realisable value, although no such stockpiles are currently held.


1.    SIGNIFICANT ACCOUNTING POLICIES (continued)


Previously, costs were absorbed into ore stockpiles on a tonnes basis, however in the current year a contained ounces approach was adopted, which is considered more reflective of the intrinsic value of the ore stockpiles held. Costs of gold inventories include all costs incurred up until production of an ounce of gold such as milling costs, mining costs, and directly attributable mine general and administration costs as well as attributable depreciation and amortization but exclude transport costs, refining costs and royalties. Net realisable value is determined with reference to estimated contained gold and market gold prices.

Stores and materials consist of consumable stores and are valued at weighted average cost after appropriate impairment of redundant and slow moving items. Consumable stock for which the Group has substantially all the risks and rewards of ownership are brought onto the statement of financial position as current assets.

INTEREST/BORROWING COSTS

Interest is recognised on a time proportion basis, taking into account the principal outstanding and the effective rate over the period to maturity. Borrowing cost is expensed as incurred except to the extent that it relates directly to the construction of property, plant and equipment during the time that is required to complete and prepare the asset for its intended use, when it is capitalised as part of property, plant and equipment. Borrowing costs are capitalised as part of the cost of the asset where it is probable that the asset will result in economic benefit and where the borrowing cost can be measured reliably. No interest or borrowing costs have been capitalised during the year or during the prior year.past three years.

ROYALTIES

Royalty arrangements based on mineral production are in place at each operating mine. The primary type of royalty is a net smelter return royalty. Under this type of royalty, the Group pays the holder an amount calculated as the royalty percentage multiplied by the value of gold production at market gold prices less selling costs. A royalty expense is recorded when revenue from the sale of gold is recognised.

FINANCIAL INSTRUMENTS

Financial instruments are measured as set out below. Financial instruments carried on the statement of financial position include cash and cash equivalents, trade and other receivables, trade and other payables, available for sale financial assets,investments in marketable securities, loans to joint ventures, and loans to minorities.minorities and lease liabilities. Financial assets and financialliabilities are recognised in the Group’s statement of financial position when the Group becomes a party to the contractual provisions of the instrument.

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

FINANCIAL INSTRUMENTS (CONTNUED)

Financial instruments are initially recognised at fair value when the group becomes a party to their contractual arrangements. Transaction costs directly attributable to the instrument’s acquisition or issue are included in the initial measurement of financial assets and financial liabilities, except financial instruments classified as at fair value through profit or loss (FVTPL). The subsequent measurement of financial instruments is dealt with below.

Financial assets
On initial recognition, a financial asset is classified as measured at:
Amortised cost;
Fair value through other comprehensive income (FVTOCI) - equity instruments; or
FVTPL.

At initial recognition, the group measures a financial asset at its fair value plus, in the case of a financial asset not at FVTPL, transaction costs that are directly attributable to the acquisition of the financial asset. Transaction costs of financial assets carried at FVTPL, are expensed.

A financial asset is measured at amortised cost if it is held within the business model whose objective is to hold assets to collect contractual cash flows and its contractual terms give rise, on specified dates, to cash flows that are solely payments of principal and interest on the principal amount outstanding. Interest income from these financial assets is included in finance income using the effective interest rate method. Any gain or loss arising on derecognition is recognised directly in profit or loss and presented in other gains or losses, together with foreign exchange gains or losses. Impairment losses are presented as separate line item in the statement of profit or loss. A gain or loss on a debt investment that is subsequently measured at FVTPL is recognised in profit or loss and presented net within other gains or losses in the period in which it arises. On derecognition of a financial asset, the difference between the proceeds received or receivable and the carrying amount of the asset is included in profit or loss.

Financial assets at amortised cost consist of trade receivables and other receivables (excluding taxes), cash and cash equivalents. Impairment losses are assessed using the forward-looking expected credit loss (ECL) approach. An allowance is recorded for all loans and other debt financial assets not held at FVTPL. The impairment methodology applied depends on whether there has been a significant increase in credit risk. Trade receivable loss allowances are measured at an amount equal to lifetime ECL’s. Loss allowances are deducted from the gross carrying amount of the assets.

Cash and cash equivalents
Cash and cash equivalents are carried in the statement of financial position at cost. For the purpose of the cash flow statement, cash and cash equivalents comprise cash on hand, deposits held at call with banks, other short term highly liquid investments with a maturity of three months or less at the date of purchase and bank overdrafts. In the statement of financial position, bank overdrafts are included in borrowings in current liabilities.

Trade and other receivables
Trade and other receivables are recognised initially at fair value. There is a rebuttable presumption that the transaction price is fair value unless this could be refuted by reference to market indicators. Subsequently, trade and other receivables are measured at amortised cost using the effective interest method, less provision for impairment. A provision for impairment of trade receivables is established when there is objective evidence that the Company will not be able to collect all amounts due according to the original terms of receivables.

Significant financial difficulties of the debtor, probability that the debtor will enter bankruptcy or financial reorganisation, and default or delinquency in payments are considered indicators that the trade receivable may be impaired. The amount of the provision is the difference between the asset’s carrying amount and the present value of estimated future cash flows, discounted at the effective interest rate.

Value added tax (TVA)
TVA receivables are recognised initially at cost. Subsequently, TVA receivables are measured at amortised cost using the effective interest method, less provision for impairment.

The Group assesses at each reporting period whether there is an indication that these receivables may be impaired taking into account the risk of non-collectability and timing of receipt.

Available-for-sale financial assets
Available-for-sale financial assets are non-derivatives that are either designated in this category or not classified in any of the other categories. Available-for-sale financial assets are designated on acquisition. They are normally included in current assets and are carried at fair value. Where a decline in the fair value of an available-for-sale financial asset constitutes objective evidence of impairment, the amount of the loss is recognised in the statement of comprehensive income within other expenses, other movements in fair value are recognised in other reserves within other comprehensive income.



1.    SIGNIFICANT ACCOUNTING POLICIES (continued)

FINANCIAL LIABILITIES

Loans and borrowings (including bank borrowings when applicable, loans from joint venture partners and related companies and finance leases)borrowing
Borrowings are recognised initially at fair value, net of transaction costs incurred. Borrowings are subsequently stated at amortised cost; any difference between the proceeds (net of transaction costs) and the redemption value is recognised in the statement of comprehensive income over the period of the borrowings using the effective interest method. Borrowings are classified as current liabilities unless the Company has an unconditional right to defer settlement of the liability for at least 12 months after the statement of financial position date.

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

FINANCIAL LIABILITIES (CONTNUED)

Trade and other payables
Accounts payable and other short term monetary liabilities, are initially recognised at fair value, which equates to the transaction price, and subsequently carried at amortised cost using the effective interest method.

REHABILITATION COSTS

The net present value of estimated future rehabilitation costs is provided for in the financial statements and capitalized within property, plant and equipment on initial recognition. Rehabilitation will generally occur on closure or after closure of a mine. Initial recognition is at the time of the construction or disturbance occurring and thereafter as and when additional construction or disturbances take place. The estimates are reviewed annually to take into account the effects of inflation and changes in estimated risk adjusted rehabilitation works cost and are discounted using rates that reflect the time value of money.

Annual increases in the provision due to the unwinding of the discount are recognized in the statement of comprehensive income as a finance cost. The present value of additional disturbances and changes in the estimate of the rehabilitation liability are recorded to mining assets against an increase/decrease in the rehabilitation provision. The rehabilitation asset is amortized as noted previously. Rehabilitation projects undertaken, included in the estimates, are charged to the provision as incurred.

Environmental liabilities, other than rehabilitation costs, which relate to liabilities arising from specific events, are expensed when they are known, probable and may be reasonably estimated.

PROVISIONS

Provisions are recognised when the Company has a present legal or constructive obligation as a result of past events where it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation, and a reliable estimate of the amount of the obligation can be made.

CURRENT TAX

Current tax is the tax expected to be payable on the taxable income for the year calculated using rates (and laws) that have been enacted or substantively enacted by the reporting date.date (and when such laws are applicable to the group allowing for the impact of tax stability protections afforded to the group). It includes adjustments for tax expected to be payable or recoverable in respect of previous periods.

The Group is subject to income tax in several jurisdictions and significant judgement is required in determining the provision for income taxes. During the ordinary course of business, there are transactions and calculations for which the ultimate tax determination is uncertain. As a result, the Group recognises tax liabilities based on estimates of whether additional taxes and interest will be due.

These tax liabilities are recognised when, despite the company's belief that its tax return positions are supportable, the company believes it is more likely than not that a taxation authority would not accept its filing position. In these cases, the Group records its tax balances based on either the most likely amount or the expected value, which weights multiple potential scenarios. The company believes that its accruals for tax liabilities are adequate for all open audit years based on its assessment of many factors including past experience and interpretations of tax law.

No material uncertain tax positions exist as at 31 December 2019. This assessment relies on estimates and assumptions and may involve a series of complex judgments about future events.

To the extent that the final tax outcome of these matters is different than the amounts recorded, such differences will impact income tax expense in the period in which such determination is made.





2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

DEFERRED TAXATION

Deferred tax is provided in full, using the liability method, on temporary differences arising between the tax bases of assets and liabilities and their carrying amounts in the consolidated financial statements. However, if the temporary difference arises from initial recognition of an asset or liability in a transaction other than a business combination that at the time of the transaction affects neither accounting nor taxable profit noror loss, it is not recognised. Deferred tax is determined using tax rates (and laws) that have been enacted or substantively enacted by the statement of financial position date (and when such laws are applicable to the group allowing for the impact of tax stability protections afforded to the group) and are expected to apply when the temporary differences reverses. Deferred tax assets are recognised to the extent that it is probable that future taxable profit will be available against which the temporary differences can be utilised. Deferred tax is provided on temporary differences arising on investments in subsidiaries and joint ventures, except where the timing of the reversal of the temporary difference is controlled by the Group and it is probable that the temporary difference will not reverse in the foreseeable future.

VALUE ADDED TAX (TVA)

TVA receivables are recognised initially at cost. Subsequently, TVA receivables are measured at amortised cost using the effective interest method, less provision for impairment.

The Group assesses at each reporting period whether there is an indication that these receivables may be impaired taking into account the risk of non-collectability and timing of receipt.

SHARE CAPITAL

Ordinary shares are classified as equity. Incremental costs directly attributable to the issue of new shares or options are shown in equity as a deduction from the proceeds.

CONTINGENT LIABILITIES

The Group discloses contingent liabilities when possible obligations exist as a result of past events, unless the possible outflows of economic benefits are considered remote. By their nature, contingencies will often only be resolved when one or more future events occur or fail to occur. The assessment of such contingencies inherently involves the exercise of significant judgement and estimates of the outcome of future events. In certain circumstances, to provide transparency, the Group voluntarily elects to disclose information regarding claims for which any outflow of economic benefit is considered remote.

1.    SIGNIFICANT ACCOUNTING POLICIES (continued)


LEASES

As lessee
Determining whether an arrangement is, or contains, a lease is basedThe Group adopted IFRS 16 using the modified retrospective approach, with recognition of transitional adjustments on the substancedate of the arrangement and requires an assessmentinitial application (1 January 2019), without restatement of whether fulfillment of the arrangement is dependent on the use of a specific asset or assets and whether the arrangement conveys a right to use the asset. Leases of plant and equipment where the Company assumes a significant portion of risks and rewards of ownership are classified as a finance lease. Finance leases are capitalisedcomparative figures.

The lease liabilities were measured at the estimated present value of the underlyingremaining lease payments. Eachpayments, discounted
with the rate determined by reference to the estimated incremental borrowing rate of 6.81% p.a. Variable lease payment is allocated betweenpayments are only included in the measurement of the lease liability andif they depend on an index or rate. In such cases, the finance chargesinitial measurement of the lease liability assumes the variable element will remain unchanged throughout the lease term. Other variable lease payments are expensed in the period to achievewhich they relate.

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

LEASES (CONTINUED)

Subsequent to initial measurement lease liabilities increase as a result of interest charged at a constant rate on the finance balance outstanding. The interest portion of the finance payment is charged to the statement of comprehensive income over theoutstanding and are reduced for lease period. The plant and equipment acquired under the finance leasepayments made. Right-of-use assets are depreciated over the useful lives of the assets, or over the lease term if shorter. Leases in which a significant portion of the risks and rewards of ownership are retained by the lessor are classified as operating leases.

Payments made under operating leases are charged to the statement of comprehensive incomeamortised on a straight-line basis over the periodremaining term of the lease.lease or over the remaining economic life of the asset if, rarely, this is judged to be shorter than the lease term.

As lessorOn adoption of IFRS 16, the Group recognised right-of-use assets and lease liabilities as follows:
Leases in which a significant portion
Classification under IAS 17Right-of-use assetsEffective period commencing on or after
Operating leasesthe carrying value that would have resulted from IFRS 16 being applied from the commencement date of the leases, subject to the practical expedients noted above.
Measured at the present value of the remaining lease payments discounted using the Group’s incremental borrowing rate as at 1 January 2019

Finance leases
Measured based on the carrying values for the lease assets and liabilities immediately before the date of initial application (i.e. carrying values brought forward, unadjusted).



The following table presents the impact of the risks and rewards of ownership are retained by the lessor are classified as operating leases. Lease income under operating leases is recognised toadopting IFRS 16 on the statement of comprehensive income on a straight-line basis over the periodfinancial position as at 1 January 2019:
Assets 
31 December 2018
As originally Presented
$'000

 
IFRS 16
adjustment
$'000

 
1 January 2019
$'000

       
Right-of-use assets (PP&E at 31.12.18) 4,817
 15,949
 20,766
       
Liabilities      
       
Lease liabilities (finance lease liability at 31.12.18) 38,890
 15,949
 54,839
       

Refer to note 20 for reconciliations of the lease.

Where a significant portionRight of the risksUse Assets and rewards of ownership are transferred the Group is required to account as though it were acting as a lessor in a finance lease. Hire purchase loans disclosed under receivables represent outstanding amounts due under finance lease arrangements less finance charges allocated to future periods.Lease Liabilities

REVENUE RECOGNITION

The Groupcompany’s primary product is gold, other metals produced as part of the extraction process are considered to be by-products arising from the production of gold. The company enters into contractsa contract for the sale of gold. Revenue arising from gold salesat each of its mining operations. The performance obligation under these contractsits contract is recognised when the price is determinable, the product has been delivered in accordance with the terms of the contract, the significant risks and rewards of ownership have been transferredto supply such gold to the customer, subject to minimum quality specifications with the consideration for such gold sales determined by the market spot price for each ounce of gold at the point of sale and collection ofgold content. As the sales price is reasonably assured. These criteria are met whenfrom the gold leaves the mines smelt house.

As sales from gold contracts arecontract is subject to customer survey adjustment, sales are initially recorded based on a provisional basis using the Group’s best estimateresults of tests on the material prior to shipment to determine the gold content and specification with such estimates subsequently adjusted to reflect the final gold content determined by the customer shortly after period end. Revenue is recorded to the extent that it is highly probable that there will be no subsequent reversal of such revenue due to gold content or quality specifications. Historical adjustments of this nature have been insignificant.

2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

REVENUE RECOGNITION (CONTINUED)

The performance obligations are considered to be satisfied and control of the contained metal.gold transferred as the gold leaves the gold room upon collection by the customer, with title, possession and significant risks and rewards transferred at this point with revenue recorded accordingly. Subsequent adjustments are recorded in revenue to take into account final assay and weight certificates from the refinery, if different from the initial certificates. The differences between the estimated and actual contained gold have historically not been significant. Payment terms from the customer are based on 95% as initial payment for sales as agreed on the day of shipment based on the results of tests on the material prior to shipment with the final payment of 5% based on final customer assay and includes an adjustment to the initial 95% provisional payment. The period between provisional invoicing and final pricing, or settlement period, is typically around 5 days.


2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

EXPLORATION AND EVALUATION COSTS

The Group expensecapitalizes all exploration and evaluation expenditures untilwhere management concludes that the directors conclude that arealization of future economic benefit is more likely than not of being realised, i.e. ‘probable’.not. While the criteria for concluding that expenditure should be capitalised is always probable, the information that the directorsmanagement use to make that determination depends on the level of exploration.

Exploration and evaluation expenditure on brownfield sites, being those adjacent to mineral deposits which are already being mined or developed, is expensed as incurred until the directors are able to demonstrate that future economic benefits are probable through the completion of a prefeasibility study, after which the expenditure is capitalised as a mine development cost. A ‘prefeasibility study’ consists of a comprehensive study of the viability of a mineral project that has advanced to a stage where the mining method, in the case of underground mining, or the pit configuration, in the case of an open pit, has been established, and which, if an effective method of mineral processing has been determined, includes a financial analysis based on reasonable assumptions of technical, engineering, operating economic factors and the evaluation of other relevant factors. The prefeasibility study, when combined with existing knowledge of the mineral property that is adjacent to mineral deposits that are already being mined or developed, allow the directors to conclude that it is more likely than not that the Group will obtain future economic benefit from the expenditures.

Exploration and evaluation expenditure on greenfield sites, being those where the Group does not have any mineral deposits which are already being mined or developed, is expensed until such time as the directors have sufficient information to determine that future economic benefits are probable, after which the expenditure is capitalised as a mine development cost. The information required by directors is typically a final feasibility study however a prefeasibility study may be deemed to be sufficient where the additional work required to prepare a final feasibility study is not significant or the work done at prefeasibility level clearly demonstrates an economic asset. Exploration and evaluation expenditure relating to extensions of mineral deposits which are already being mined or developed, including expenditure on the definition of mineralisation of such mineral deposits, is capitalised as a mine development cost following the completion of an economic evaluation equivalent to a prefeasibility study. This economic evaluation is distinguished from a prefeasibility study in that some of the information that would normally be determined in a prefeasibility study is instead obtained from the existing mine or development. This information when combined with existing knowledge of the mineral

1.    SIGNIFICANT ACCOUNTING POLICIES (continued)

property already being mined or developed allow the directors to conclude that more likely than not the Company will obtain future economic benefit from the expenditures. Costs relating to property acquisitions are capitalised within development costs.


DIVIDEND DISTRIBUTION

Dividend distribution to the Company’s shareholders is recognised as a liability in the Group’s financial statements in the period in which the dividends are approved by the board of directors and declared to shareholders.






2.3.KEY ACCOUNTING ESTIMATES AND JUDGEMENTS

Some of the accounting policies require the application of significant judgement by management in selecting the appropriate assumptions for calculating financial estimates or determining the appropriate accounting treatment for a transaction.

By their nature, these judgements are subject to an inherent degree of uncertainty and are based on historical experience, terms of existing contracts, management’s view on trends in the gold mining industry and information from outside sources.

The estimates and assumptions that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities are discussed below:

DEMOCRATIC REPUBLIC OF CONGO (DRC) 2018 MINING CODE

In the DRC, the 2018 Mining Code and related amended Mining Regulations came into effect during the first half of 2018 and removed fiscal stability protections under the 2002 Mining Code and introduced a series of potentially significant adverse changes to tax legislation. Kibali Goldmines SA has taken legal advice and has been exploring all options to protect its vested rights under the 2002 Mining Code, as well as the specific state guarantees it previously received regarding fiscal stability. Without prejudice to its rights under the stability protections Kibali is currently paying the additional taxes as per the 2018 mining code, while it engages with government. Continued engagement with government has resulted in the submission of an application for a number of exemption and waivers in terms of Article 220 of the 2018 law as part of the group’s efforts to reach a mutually acceptable way forward. Article 220 affords benefits to mining companies in landlocked infrastructurally challenged provinces, such as where Kibali is located.

VALUE ADDED TAX (TVA)

Included in trade and other receivables (refer to note 11)13) is a recoverable TVA balance (including recoverable TVA on fuel duty and after discounting provisions) of US$134.5147.8 million (2016:(2018: US$131.2180.5 million) (2015:(2017: US$137.4134.5 million) owing by the fiscal authorities in the Democratic Republic of Congo (DRC).DRC.

The Group continues to seek recovery of TVA in the DRC, in line with the mining codeMining Code and the carrying value of the receivable has been assessed considering factors such as the level of receipts and tax offsets in the period and to date, the impact of the settlement agreement reached in Q4 2018 (see below), relationships and communications with government officials and the tax authority and the limited quantum of disputed submissions. Judgements existJudgement exists in assessing recovery of these receivables. WhilstWhile the TVA balance is considered collectible, uncertainty exists regarding the timing of receipt. Accordinglyreceipts and offsets. Kibali reached an agreement with the Ministry of Finance in late 2018 on the reimbursement of the refundable TVA balance. The agreement allows for US$40.0 million to be refunded initially, while the remaining balance can be settled on an offset basis against other taxes with potential for further cash receipts. As part of the settlement in 2018, the Group agreed to write off US$20.6 million of the outstanding TVA receivable which has been recorded as an expense (note 5) and the DRC Government agreed to redenominate historical TVA from Congolese Francs (CDF) into US dollars based on the historical exchange rates applicable at the date of original submissions of the overdue TVA. This latter revision gave rise to a US$56.7 million foreign exchange gain recorded in the income statement (note 5).

In the current year, two methods were considered as part of the impairment assessment of the TVA receivable. One utilised weighted scenario analysis taking into account future potential losses and timing of receipts, with a specified weighting applied to each scenario. The second, which produced an equivalent charge, was based on a discounted approach in line with previous years.


3.KEY ACCOUNTING ESTIMATES AND JUDGEMENTS

VALUE ADDED TAX (TVA) (CONTINUED)

Under the second approach, the outstanding receivable was discounted by US$17.937.3 million (2016:(2018: US$7.837.3 million) (2015: Nil)(2017: US$20.0 million) which required estimates as to the timing of future receipts based on historical trends and the applicable discount rate thereon.level and timing of future offsets with reference to relevant taxes forecast under the mine plan, historical levels and other factors. A discount rate of 10% has been10.5% was applied to both the expected cash receipts and 2% applied to the amounts forecasted to be recovered through offsetting. Management have assumed a recoverable period of 48 months4 years based on actual recovery achieved in the year, with a reduceddecreased level of receiptsrecovery in the next 12 months. The increasemonths following a temporary stop in provision reflects an increaseoffsets implemented by the government during Q4 2019, but a catch up in recovery through improved receipts and offsets over the remainder of the period. A 1% increase/decrease in the discount rate to reflect assessed riskwill increase/decrease the provision by US$3 million/US$3.1 million. A delay in all receipts and an extension in the recovery period from 18offsets for 12 months to 48 months. A 1% change in the discount rate would increase the provision by US$1.1 million. A 1 year delay to recovery would increase the provision by US$7.813.1 million.

CARRYING VALUES OF PROPERTY, PLANT AND EQUIPMENT

The Group assesses at each reporting period whether there is any indication that these assets may be impaired (refer to note 810 and 9)11). If such indication exists, the Group estimates the recoverable amount of the asset. The recoverable amount is assessed by reference to the higher of ‘value in use’ (being the net present value of expected future cash flows of the relevant cash generating unit) and ‘fair value less cost to sell’. The estimates used for impairment reviews are based on detailed mine and operating plans. Future cash flows are based on estimates of:
theThe quantities of the proven and probable reserves and certain limited ore resources being reservesthose for which there is a high degree of confidence in economic extraction;
futureFuture production levels;
futureFuture commodity prices; including oil forecast at US$70bbl (2016:(2018: US$60bbl) (2015:70bbl) (2017: US$60bbl)70bbl);
futureFuture cash cost of production and capital expenditure associated with extraction of the provenreserves and probable reservescertain limited ore resources in the approved mine plan;
futureFuture gold prices - a gold price curve was used for the impairment calculations starting at a US$1 250/350/oz gold price (2016:(2018: US$1 200oz) (2015:250oz) (2017: US$1 150/250/oz) and increasing at an average of 2.5% per annum (2016: 2.0%) (2015: 1.5%). TheA gold price curveof US$1 350/oz was determined after consideration of a range of forecast techniques and data sources;used for the 2020 year, with the price assumption remaining level for years thereafter at US$1 300/oz
aA real discount rate equivalent to 8.2%8.67% pre-tax (2016: 7.8%(2018: nominal 8.6%) (2015: 7.9%(2017: nominal 8.2%); and
anAn inflation rate of 2.0% (2018: 2.5% (2016: 2%) (2015: 1.5%(2017: 2.5%).

A reduction in forward gold prices in excess of 17.0%27.0% or an increase in the discount rate to 18.7%18.3% is required to give rise to impairment at the mine. However, having considered such scenarios, the directors remain satisfied that no impairment is appropriate. The model is considered suitably conservative with proven and probable reserves based on a US$1 000/200/oz gold price (2016:(2018: US$1 000/oz) (2015:(2017: US$1 000/oz).




2.    KEY ACCOUNTING ESTIMATES AND JUDGEMENTS(continued)



OPEN CAST MINE STRIPPING

The Group capitalises costs, associated with stripping activity, to expose the orebody, within mining assets.  Judgement is required in determining the relevant section or phase of the orebody to which stripping activity relates, based on assessment of factors such as mine planning, geology of the open cast pits and strategic board decisions such as the pushback campaigns which requires judgement over the eligible costs. The Group capitalised US$19.29.1 million (2016:(2018: US$15.29.2 million) (2015: Nil(2017: US$19.2 million) to stripping assets with a net book value of US$12.38.6 million (2016:(2018: US$9.65.5 million) (2017: US$12.3 million). The capitalised stripping costs relate to twofour open cast satellite pits PakakaKCD, Sessenge and Kombokolo.Gorumbwa. The Group subsequently depreciates relevant stripping assets as that section of the orebody is mined which requires judgement as to the relevant section of the orebody for depreciation.


3.KEY ACCOUNTING ESTIMATES AND JUDGEMENTS (CONTINUED)

CAPITALISATION AND DEPRECIATION

There are several methods that could be adopted for calculating depreciation, i.e. the straight line method, the production method using ounces produced and the production method usingor tonnes milled. The directors believe that the tonnes milledounces produced method is the best indication of plant and infrastructure usage. The change in method used from tonnes milled to ounces produced, resulted in changes to estimates during the financial year. Refer to note 12 for the depreciation policy. Estimates are required regarding the allocation of assets to relevant proven and probable reserves in the units of production calculations, with assessments involving the Group’s mining, capital and geology departments. Proven and probable reserves are used in each depreciation calculation, which is considered to be a suitably conservative measure of the future ore extractable using existing assets. Expenditure incurred to date in underground infrastructure development considered to have been commissioned, is depreciated over the remaining proven and probable reserves of the underground mine, as the infrastructure provides access to the future mining areas.

The Group applies judgement in allocating costs between operating and capital items in respect of underground mining and in determining the date depreciation commences. Costs are capitalised when the activity provides access to future ore bodies and are expensed as operating costs when the works involve extraction of ore from operational sections of the ore body. The nature of activity is assessed based on information provided by contractors, together with inspections by the Group’s mining teams. Direct labour, materials and other costs are specifically allocated based on the activity performed. Indirect costs that are attributable to underground works are allocated between capital and operating expenses based on factors such as development versus operating metres.

Judgement is required in determining the point at which assets under construction at Kibali began commercial production and should be depreciated. Depreciation start dates are determined considering the factors detailed in Note 12 and during 2015 Kibali underground mine assets attributable to production started to be depreciated. The commissioning of the underground happens in phases and as the sections are brought into production the attributable costs are transferred and depreciated. Judgement was applied in identifying the costs considered attributable to this production. Additionally, given ongoing mine construction and development, judgement was required in allocating costs between operating costs, ore stockpiles and ongoing capital works. Costs have been allocated based on the underlying activity and economic benefits.

GOLD PRICE ASSUMPTIONS

The following gold prices were used in the mineral reserves optimisation calculation:
Kibali        2019    2018     201720162015
US$/oz    1 000200    1 000    1 000

Changes in the gold price used could result in changes in the mineral reserve optimisation calculations. Mine modelling is a complex process and hence it is not feasible to perform sensitivities on gold price assumptions in respect of ore reserves. The gold price assumption have been increased in 2019 but kept a margin of safety against a long term gold price outlook and conservative as per the historical approach.

DETERMINATION OF ORE RESERVES

The Group estimated its Mineral Reserves and Mineral Resources based on information compiled by qualified persons according to the Canadian Institute of Mining, Metallurgy and Petroleum (CIM) 2014 Definition Standards for Mineral Resources and Mineral Reserves dated May 10, 2014 (CIM (2014) Standards) as incorporated with NI 43-101 for the 2019 financial year. Previously the Group based its estimates itsof ore reserves and mineral resources based on information compiled by Competent Persons as defined in accordance with the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves of December 2012 (the 2012 JORC code). The change in basis of estimation, driven by requirements of the Toronto Stock Exchange following the Randgold Barrick merger, did not result in a material impact to reserves and resources.


3.KEY ACCOUNTING ESTIMATES AND JUDGEMENTS (CONTINUED)

DETERMINATION OF ORE RESERVES (CONTINUED)

Reserves determined in this way are used in the calculation of depreciation, amortisation and impairment charges, as well as the assessment of the carrying value of mining assets.assets and timing of mine closure obligations. There are numerous uncertainties inherent in estimating ore reserves and assumptions that are valid at the time of estimation may change significantly when new information becomes available. Changes in the forecast prices of commodities, exchange rates, production costs or recovery rates may change the economic status of reserves and may, ultimately, result in the reserves being restated.

FUTURE REHABILITATION OBLIGATIONS

The net present value of current rehabilitation estimates have been discounted to their present value at 2.5%using a real risk free rate of 0.5% per annum, (2016:with cash flows adjusted for a market risk rate of 10% compared to a nominal risk free rate of 3.0% in 2018 (2017: 2.5%) (2015: 2.25%) being the prevailing risk free interest rates.rates at the time. The majority of expenditure is expected to be incurred at the end of the mine life. The Group undertakes regular assessments by external experts of its mine closure plans, together with assessments by internal staff in the intervening periods, to determine the required rehabilitation works, cost of works and timing of such works. Judgment is required in determining the appropriate costs, timing of costs, discount rates and inflation. inflation (when nominal discount rate used).

For further information,

2.    KEY ACCOUNTING ESTIMATES AND JUDGEMENTS(continued)


including the carrying amounts of the liabilities, refer to Note 17.18. A 1%0.25% change in the discount rate on the Group’s rehabilitation estimates would result in an impact of US$1 million (2018: US$3.1 million at 1% nominal) (2017: US$3.2 million (2016: US$3.2 million) (2015: US$1.8 million)at 1% nominal) on the provision for environmental rehabilitation, and an impact of US$0.2 million (2016:(2018: US$0.2 million) (2015:(2017: US$0.050.02 million) on the statement of comprehensive income.

STOCKPILES, GOLD IN PROCESS AND PRODUCT INVENTORIES

Costs that are incurred in or benefit the productive process are accumulated as stockpiles, gold in process and product inventories. Net realisable value tests are performed at least annually and represent the estimated future sales price of the product based on contained gold and metals prices, less estimated costs to complete production and bring the product to sale. Judgment is required in assessing whether stockpiles of different grades should be tested individually, or tested as inputs to the gold production process, as detailed in the Group’s accounting policy. In the current year, the stockpiles were tested reflecting the planned blended feed of such stockpiles to the mill on the basis that they are blended together and with future ore mined.

Stockpile quantities are measured by estimating the number of tonnes added and removed from the stockpile, the number of contained gold ounces based on assay data, and the estimated recovery percentage based on the expected processing method. Stockpile tonnages are verified by periodic surveys. The forecast gold prices and cost escalators were those used in the impairment test detailed above.

EXPLORATION AND EVALUATION EXPENDITURE

The Group has to apply judgement in determining whether exploration and evaluation expenditure should be capitalised or expensed. Management exercises this judgement based on the results of economic evaluations, prefeasibility or feasibility studies. Costs are capitalised where those studies conclude that more likely than not the Group will obtain future economic benefit from the expenditures.



3.KEY ACCOUNTING ESTIMATES AND JUDGEMENTS (CONTINUED)

RECOVERY OF DEFERRED TAX ASSETS

Management have recognised a deferred tax asset of US$43.29.6 million (2016:(2018: US$11.127.3 million deferred tax liability) (2015:asset) (2017: US$41.943.2 million deferred tax liability)asset). The Group has to apply judgement in determining the recoverable amount of deferred tax assets. Deferred tax assets are recognised to the extent that their utilisation is probable, being based upon whether it is more likely than not that sufficient and suitable taxable profits will be available in the future, against which the reversal of temporary differences can be deducted. The recoverability of the asset has been assessed considering factors such as the underlying assumptions in the life of mine plan, the operating performance of the mine and any restrictions under the applicable DRC tax code.code having due consideration to the tax stability protections, as detailed in the "DRC 2018 Mining Code" above.

The Group considers the deferred tax assets to be recoverable owing to the latest life of mine plan which estimates the asset being fully utilised within 3 years.1 year. The gold price would have to fall below US$1 040/910/oz before the deferred tax lossesasset is not utilised.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




4.    REVENUE

The company has disaggregated revenue into various categories in the following table, which is intended to depict how the nature, amount, timing and uncertainty of revenue and cash flows are not utilisedaffected by economic date.

 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Primary geographic market     
Democratic Republic of Congo1,122,940
 1,041,035
 754,852
 1,122,940
 1,041,035
 754,852
Product type     
Gold doré1,120,743
 1,041,035
 754,852
Silver (2)
2,197
    
 1,122,940
 1,041,035
 754,852
Timing of transfer of goods     
Point in time1,122,940
 1,041,035
 754,852
 1,122,940
 1,041,035
 754,852

3.5.    OTHER INCOME AND EXPENSES
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Other income from operating activities comprise:     
Other income     
Other income146
 136
 
170
 174
 146
Net foreign exchange gains
 
 1,657

 56,664
 
146

136

1,657
170
 56,838
 146

Refer to TVA in note 3 for details of the foreign exchange gain included above related to the settlement agreement reached with the DRC Government in Q4 2018.

The total other income is not considered to be part of the main revenue generating activities and as such the groupGroup presents this income separately from revenue.




















(2) In prior year silver sales was insignificant and therefore not shown under revenue but rather as a credit to cost of sales. Whilst silver sales remain immaterial, these have been recorded as revenue for completeness
.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




5.    OTHER INCOME AND EXPENSES (CONTINUED)

31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Other expenses          
Management Fee4,385
 4,296
 3,658
4,563
 4,478
 4,385
Net foreign exchange loss38,469
 36,134
 
1,458
 2,917
 38,469
Discounting provision12,177
 7,820
 
Provision for impairment against TV receivable
 37,893
 12,177
55,031

48,250

3,658
6,021
 45,288
 55,031
The net foreign exchange loss primarily refers to the retranslation of TVA receivables (note 11) denominated in Congolese Francs which is translated into the US dollar functional currency of the subsidiary.
The discounting provision movement for 2018 relates to TVA receivables (referwhich is made up of US$17.3m (2017: US$12.2 million) increase in the discounting provision, and US$20.6m write off of TVA balance as part of the TVA settlement agreement. Refer to note 2).3 for details.

4.Also refer to note 3 for details regarding the net foreign exchange losses incurred.


6.    MINING AND PROCESSING COSTS
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Mining and processing costs comprise:          
Mine production costs232,209
 202,323
 177,467
263,608
 264,122
 232,209
Movement in production inventory and ore stockpiles28,933
 (7,389) 8,234
(32,953) (12,154) 28,933
Depreciation and amortisation264,415
 210,925
 192,509
282,180
 329,519
 264,415
Other mining and processing costs173,423
 188,863
 172,502
175,961
 190,772
 173,423
698,980

594,722

550,712
688,796

772,259

698,980
5.
7.    EXPLORATION AND CORPORATE EXPENDITURE
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Exploration and corporate expenditure comprise:     
Exploration and corporate expenditure comprises:     
Exploration expenditure2,760
 2,748
 3,132
7,123
 3,213
 2,760
Corporate expenditure5,445
 3,650
 1,943
6,563
 2,941
 5,445
Recycling of permanent losses on available-for-sale asset
 
 3,173
8,205

6,398

8,248
13,686

6,154

8,205

6.8.    FINANCE INCOME AND COSTS
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Finance income comprise:          
Bank Interest20
 15
 19
1,389
 20
 20
Interest received – loans and receivables4,127
 4,720
 4,799
2,981
 3,360
 4,127
Total finance income4,147

4,735

4,818
4,370

3,380

4,147
Finance costs comprise:          
Interest expense on finance lease(3,931) (4,482) (4,800)(3,153) (3,359) (3,931)
Interest expense on bank borrowings(1,018) (467) (192)
Unwinding of discount on provisions for rehabilitation(529) (349) (384)
Interest paid on overdrafts(289) (515) (1,018)
Unwinding of discount on provisions for Rehabilitation(531) (591) (529)
Total finance costs(5,478)
(5,298)
(5,376)(3,973)
(4,465)
(5,478)
Net finance costs(1,331)
(563)
(558)
Net finance income/(costs)397

(1,085)
(1,331)
7.
9.    INCOME TAXES
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
 $’000
 $’000
 $’000
Current taxation 
 7,868
 8,377
 44,316
 
 
Deferred taxation10(54,333) (30,830) 9,463
1217,618
 15,972
 (54,333)
 (54,333)
(22,962)
17,840
 61,934

15,972

(54,333)

The tax on the group’sGroup’s profit before tax differs from the theoretical amount that would arise using the statutory tax rate applicable to the Group’s operations.

operations
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
(Loss) Profit before tax(40,349) 26,728
 155,825
Profit/(loss) before tax362,246
 227,970
 (40,349)
Tax calculated at the DRC effective tax rate of 30%(12,105) 8,018
 46,748
108,674
 68,391
 (12,105)
Reconciling items:          
Exempt income(40,948) (38,922) (34,218)(54,359) (50,569) (40,948)
Net capital allowances not deductible
 
 (157)
Other permanent differences(1,280) 74
 (2,910)
Corporate tax at 1/100 from revenue
 7,868
 8,377
Other differences7,619
 (1,850) (1,280)
Taxation (credit) / charges(54,333)
(22,962)
17,840
61,934

15,972

(54,333)

Kibali (Jersey) Limited is subject to an income tax rate in Jersey at 0%. In the DRC, Kibali is subject to corporation tax at 30%. The mine has historically been required to payIncluded in current taxation for 2019 is an amount of US$ 15.5 million paid in respect of 2018. This payment arose as a minimum of 1/100result of the Company’s revenue as tax. Whilstapplication of a provision in the mine paid these amounts it has always disputed that2018 Mining Code restricting the tax should be appliedapplication of unredeemed capital allowances against taxable income to mining companies. During 2017, the mine received confirmation from the tax authority that no minimum tax applies and therefore no minimum tax has been recorded in 2017 (2016: US$7.9 million) (2015: US$8.4 million).60% of such taxable income. The Group is seeking recoveryhas previously resisted the application of past taxesthis provision on the basis of the stability protection in the 2002 Mining Code. However, during 2019, at the time of making the final 2018 corporate tax payment, the Group has, under duress, applied the restriction on the utilization of unredeemed capital allowances, resulting in an additional charge of US$13.3 15.5 million but no asset has been recognised as there is currently insufficient certainty of recovery due to current taxation and an ongoing dispute.equivalent increase in the deferred tax asset. Kibali have capital allowances for deduction against future mining income.income which are partially offset by accelerated capital allowances on property, plant and equipment. Kibali (Jersey) Limited’s estimated tax lossesdeductions carried forward at 31 December 20172019 amounted to US$520.5450.4 million (2016:(2018: US$359.4477.1 million) (2015:(2017: US$293.0520.5 million) at the tax rate of 30%. which are reduced by accelerated capital allowances to result in a net deferred tax asset recorded. Refer to note 3 for details of the 2018 Mining Code and the Group’s assessment regarding its fiscal stability protections.


8.

10.    PROPERTY, PLANT AND EQUIPMENT
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Mine properties, mine development costs and mine plant facilities and equipment cost     
Mine properties, mine development costs and mine plant facilities and equipment     
Cost          
Balance at the beginning of the year2,475,924
 2,266,854
 1,989,757
2,868,026
 2,722,330
 2,475,924
Additions246,406
 209,070
 277,097
136,448
 145,696
 246,406
Balance at the end of the year2,722,330
 2,475,924
 2,266,854
3,004,474
 2,868,026
 2,722,330
          
Accumulated depreciation          
Balance at the beginning of the year(407,617) (254,551) (121,620)(879,493) (614,612) (407,618)
Depreciation charged for the year(206,995) (153,067) (132,931)(232,134) (264,881) (206,994)
Balance at the end of the year(614,612) (407,618) (254,551)(1,111,627) (879,493) (614,612)
Net book value2,107,718
 2,068,306
 2,012,303
1,892,847
 1,988,533
 2,107,718

Long-lived assets and development costs
Included in plant and equipment are long-lived assets and development costs which are amortised on a units of production basis as detailed in note 23 and include mining properties, such as processing plants, tailings facilities, raw water dams and power stations, as well as mine development costs. The net book value of these assets was US$2 0231 784 million at 31 December 2017 (2016:2019 (2018: US$1 997903 million) (2015:(2017: US$1 939.62 023 million). The value of assets under construction included in plant and equipment that are not depreciated is US$229.9209.2 million (2016:(2018: US$507.0189.2 million) (2015:(2017: US$454.3222.9 million). Refer to note 23 for judgements applied inwith regards to stripping assets.

Short-lived assets
Included in property, plant and equipment are short-lived assets which are depreciated over a short life which reflects their likely useful economic life and are comprised of motor vehicles, computer equipment, aircrafts and fixtures and fittings. The net book value of these assets was US$51.666.2 million at 31 December 2017 (2016:2019 (2018: US$7.966 million) (2015:(2017: US$5.851.6 million). The movement in the period occurred as a result of the reclassification of the net book value of certain assets from long-lived to short-lived assets based on a reassessment of their remaining useful economic life.

RehabilitationDecommissioning asset
A rehabilitationdecommissioning asset has been recognised relating to the rehabilitation liability to the value of US$17.216.1 million (2016:(2018: US$17.115.5 million) (2015:(2017: US$13.017.2 million) (refer to note 17)18). Depreciation of the rehabilitationdecommissioning asset begancommenced on 1 October 2013 when the Group commenced commercial production. The asset is depreciated over the life of the mine on a unit of production basis.


8.    PROPERTY, PLANT AND EQUIPMENT (continued)

LeasedRight of Use assets (ROU)
The net carrying amount of property, plant and equipment includes the following amount in respect of Right of Use asset, which also includes the KAS assets, heldpreviously listed below under finance lease (refer to note 19):mining assets.

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
      
Finance Lease Mining Assets16,627
 46,153
 53,908
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
      
Finance Lease Mining Assets (2018 & 2017)
 4,817
 16,627
ROU Assets26,503
 
 
 26,503
 4,817
 16,627

KAS 1 Limited (KAS) is an asset leasing joint venture in which the Group has a 50.1% interest. Together with Bougues Traveux Publics SAS (BYTP), the Group provides funding to KAS to buy the assets and in return leases the assets under a finance lease to Kibali, a subsidiary of the Group. DuringDespite holding more than 50% ownership, Kibali (Jersey) Limited does not control the period Management have reassessed the remaining useful economic life of certain KAS assetsentity, which resulted in an accelerated depreciation charge. Refer to notes 19, 25 and 26.is operated as a joint venture where both parties exercise joint control.


9.
11.    MINERAL PROPERTIES
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Cost          
At the beginning and end of the year745,092
 745,092
 745,092
745,092
 745,092
 745,092
Amortisation          
At the beginning of the year(168,556) (110,698) (51,120)(290,613) (225,975) (168,556)
Charge for the year(57,419) (57,858) (59,578)(50,047) (64,638) (57,419)
At the end of the year(225,975) (168,556) (110,698)(340,660) (290,613) (225,975)
          
Net book value519,117

576,536

634,394
404,432

454,479

519,117

Mineral properties represent the amounts attributable to licence interest on the purchase of Moto Goldmines Limited (“Moto”)(Moto) in 2009. The balance has been amortised over the life of mine on a unit of production basis since the Group commenced commercial production on 1 October 2013.


10.12.    DEFERRED TAXATION
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Deferred taxation is calculated on temporary differences under the liability method using a tax rate of 30% in respect of the DRC operations.      
The movement on deferred taxation is as follows:      
At the beginning of the year(11,096) (41,926) (32,463)27,265
 43,237
 (11,096)
Statement of comprehensive income charge54,333
 30,830
 (9,463)
Statement of comprehensive (charge) / credit(17,618) (15,972) 54,333
At the end of the year43,237


(11,096)

(41,926)9,647

27,265

43,237
Deferred taxation comprise the following:      
Tax losses carried forward attributable to accelerated capital allowances520,526
 359,449
 292,981
450,408
 477,104
 520,526
Accelerated capital allowances(477,289) (370,545) (334,907)(440,761) (449,839) (477,289)
Net deferred taxation (liability)/asset43,237

(11,096)
(41,926)
Net deferred taxation asset / (liability)9,647

27,265

43,237

11.The Group’s capital allowance pools have no time restriction for utilisation. Refer to Note 3 for an assessment of the utilisation of this deferred tax asset.



13.    TRADE AND OTHER RECEIVABLES
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Advances to contractors2,280
 6,070
 5,238
Trade receivables28,295
 1,497
 850
Prepayments and other receivables21,544
 24,239
 37,501
Loan to SOKIMO (refer note 26)18,827
 17,381
 16,046
Other loans8,360
 3,081
 5,231
TVA receivables134,514
 131,214
 137,369
Hire purchase loans4,465
 10,978
 11,277
 218,285

194,460

213,512
Less: Non-current portion     
Loan to SOKIMO18,827
 17,381
 16,046
Other loans and receivables (including TVA receivables)105,768
 65,616
 10,445
Hire purchase loans699
 4,438
 6,297
 125,294

87,435

32,788
Current portion92,991

107,025

180,724

11.    TRADE AND OTHER RECEIVABLES (continued)

 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Advances to contractors1,963
 3,288
 2,280
Trade receivables26,580
 11,114
 28,295
Prepayments and other receivables28,239
 33,371
 21,544
Loan to SOKIMO (refer note 27)22,090
 20,393
 18,827
Other loans3,337
 2,150
 8,360
TVA receivables147,825
 180,518
 134,514
Hire purchase loans
 
 4,465
 230,034

250,834

218,285
Less: Non-current portion     
Loan to SOKIMO22,090
 20,393
 18,827
Other loans and receivables (including TVA receivables)118,897
 117,458
 105,768
Hire purchase loans
 
 699
 140,987

137,852

125,294
Current portion89,047

112,982

92,991
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
      
Gross hire purchase loans – minimum lease payments:     
No later than 1 year3,766
 6,540
 4,980
Later than 1 year and no later than 5 years699
 4,438
 6,297
Later than 5 years
 
 
Gross investment on hire purchase loans4,465

10,978

11,277
31 Dec 2019
31 Dec 2018
31 Dec 2017
$’000
$’000
$’000
Gross hire purchase loans – minimum lease payments:
No later than 1 year

3,766
Later than 1 year and no later than 5 years

699
Later than 5 years


Gross investment on hire purchase loans



4,465

The fair values of trade and other receivables classified as loans and receivables are approximate to the carrying value.

The classes within trade and other receivables do not contain impaired assets however TVA receivables and TVA and duties on fuel balances have been discounted with a provision of US$17.937.3 million (2016:(2018: US$7.837.3 million) (2015: Nil) recognised.(2017: US$20.0 million) recognised and nil (2018: US$20.6 million, 2017: nil) was written off as part of the settlement agreement with the DRC Government. The credit quality of receivables that are not past due or impaired remains very high. The maximum exposure to credit risk at the reporting date is the fair value of each class of receivable mentioned above. The Company does not hold any collateral as security. Refer to note 2122 for further information on the concentration of credit risk.

The terms of payment of trade receivables is less than seven days, advances to contractors 30 days and TVA is recoverable under the mining codeMining Code once submissions are approved. The Group continues to seek recovery of TVA in line with the mining code.Mining Code. Judgement exists in assessing recovery of this amount. See note 23 for further detail.

The loan to SOKIMO bears interest at 8% and the loan and interest will be repaid through future dividends.


13.    TRADE AND OTHER RECEIVABLES (CONTINUED)

The hire purchase loans, receivable from a contractor, bear interest at the aggregate of 10% and the Federal Reserve Rate of 0.75%. The hire purchase loans are repayable over 3 years. The hire purchase loans were settled during the financial year 2018, leaving no remaining balance in the current financial year.

The balance of “other loans” includes loans to related parties of US$1.5 million (2018: US$ 1.5 million) (2017: US$0.9 million (2016: US$ 1.1 million) (2015: Nil), these loans have no terms of repayment. Refer to note 26 for further details. All non-current receivables are due after 12 months.

12.14.    INVENTORIES AND ORE STOCKPILES
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Gold on hand8,970
 16,041
 5,385
13,086
 4,425
 8,970
Consumables stores43,728
 43,363
 39,782
64,201
 66,099
 43,728
Ore stockpiles29,869
 52,332
 70,874
62,642
 44,116
 29,869
Gold in process3,443
 4,540
 5,719
7,759
 6,906
 3,443
86,010

116,276

121,760
147,688

121,546

86,010
Less: Non-current portion          
Ore stockpiles12,779
 43,771
 43,162
52,685
 28,510
 12,779
Current portion73,231

72,505

78,598
95,003

93,036

73,231

All inventory and ore stockpiles are stated at the lower of cost or net realisable value.

Non-current ore stockpiles reflect ore tonnes not planned to be processed within the next 12 months.


13.    AVAILABLE-FOR-SALE FINANCIAL ASSET
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Balance at the beginning of the year58
 45
 74
Fair value movement recognised in other comprehensive income(34) 12
 (20)
Exchange gain/(loss)2
 1
 (9)
Balance at the end of the year26

58

45

14.15.    SHARE CAPITAL AND PREMIUM

The total authorised number of ordinary shares is 10,000 (2016: 10,000) (2015: 10,000)10 000 (2018: 10 000) (2017: 10 000) for the total value of US$10 000 (2015:(2018: US$10 000) (2014:(2017: US$10 000). All issued shares are fully paid. The total number of issued shares at 31 December 20172019 was 4 648 shares (2016:(2018: 4 620) (2015:648) (2017: 4 620)648).

Randgold ResourcesBarrick Gold (Kibali) Limited (Randgold)(Barrick) and AngloGold Ashanti Limited (AngloGold Ashanti) are joint venture partners and shareholders of Kibali (Jersey) Limited, having acquired all 4 648 outstanding ordinary shares. In the financial year Randgold and AngloGold Ashanti each purchased 14 ordinary shares to the value of US$15 million (Total value of US$30 million). These shares were acquired at a price of US$1 071 428.57 per share in May 2017.

Refer to the Consolidated Statements of Changes in Equity on page 6F - 103 for more detail on the annual movement of share capital and share premium. NoIn 2017, no movement in share capital for the shares issued above is shown due to rounding.

31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Movement in the number of ordinary shares outstanding:          
Balance at the beginning of the year5
 5
 5
Balance as at 1 January5
 5
 5
Shares issued
 
 

 
 
Balance at the end of the year5

5

5
Balance at 31 December5

5

5
     
Movement in share premium     
Balance as at 1 January2,523,612
 2,523,612
 2,493,612
Shares issued
 
 30,000
Balance at 31 December2,523,612
 2,523,612
 2,523,612

15.16.    NON-CONTROLLING INTEREST
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Balance at the beginning of the year19,777
 27,624
 25,522
Non-controlling interest in results of Kibali Goldmines SA(12,357) (7,847) 2,102
Balance at the end of the year7,420

19,777

27,624
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Balance at 1 January11,668
 7,420
 19,777
Non-controlling interest in results of Kibali Goldmines SA11,911
 4,248
 (12,357)
Balance at 31 December23,579

11,668

7,420

The non-controlling interest represents the 10% interest SOKIMO has in Kibali Goldmines SA, which is a subsidiary of Kibali (Jersey) Limited.

See summarised financial information for Kibali Goldmines SA at note 21.


16.17.    LOANS, BORROWINGS AND BORROWINGSLEASE LIABILITIES
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Non-current     
Finance lease liability (refer to note 19)40,350
 46,707
 51,530
Loan – Randgold (refer to note 26)860
 222
 217
 41,210

46,929

51,747
Current     
Finance lease liability (refer to note 19)7,596
 8,310
 8,223
Loan – Randgold (refer to note 26)
 1,975
 1,585
 7,596

10,285

9,808
Total loans and borrowings48,806

57,214

61,555
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Non-current     
Lease liabilities43,821
 27,465
 40,350
Loan – Barrick (refer to note 27)1,507
 1,526
 860
 45,328

28,991

41,210
Current     
Lease liabilities11,105
 11,425
 7,596
 11,105

11,425

7,596
Total loans and borrowings56,433

40,416

48,806

Finance lease liability
Lease liabilities
The finance lease liability is due toliabilities mainly consist of KAS, in respect of the equipment, which has been transferred to the Group under ana previous instalment sale agreement. The finance lease liability is interest bearing at 8%agreement, as well as leases related to the oxygen plant and is to be reduced by rental payments monthly as agreed in the instalment sale agreement. The finance lease is secured by the leased assets.other minor plant components. Refer to note 810 and note 20 for finance lease asset disclosures.disclosures and further details on the lease liabilities respectively.

Loan – Randgold- Barrick
Randgold,Barrick, a joint venture partner and operator of the Kibali gold mine, incurs management fees and other expenses as part of its role as operator of the mine on behalf of the Group. The loan bears no interest and is repayable on a monthly basis. The non-current portion bearshas no interest but the effectfixed terms of discounting is non-significant.repayment.

17.


18.    PROVISION FOR REHABILITATION
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Balance at the beginning of the year21,163
 15,533
 15,341
Balance at 1 January23,640
 23,244
 21,163
Unwinding of discount529
 349
 384
531
 591
 529
Change in estimates1,552
 5,281
 (192)2,369
 (195) 1,552
Balance at the end of the year23,244

21,163

15,533
Balance at 31 December26,540

23,640

23,244
     
Current rehabilitation liability(1,024) 
 
Balance at 31 December25,516
 23,640
 23,244

The provisions for rehabilitation costs include estimates for the effect of inflation and changes in estimates and have been discounted to their present value at 2.5% (2016: 2.5%0.5% (2018: 3.0%) (2015: 2.25%(2017: 2.5%) per annum, being an estimate equivalent to the real risk free rate (nominal for 2018 and 2017) determined with reference to US government bonds with maturity dates comparable to the estimated rehabilitation of the mines.The estimated cash costs of rehabilitation are risk adjusted. Management have based the provision for environmental rehabilitation on standards set by the World Bank, which require an environmental management plan, an annual environmental report, a closure plan, an up-to-date register of plans of the facility, preservation of public safety on closure, carrying out rehabilitation works and ensuring sufficient funds exist for the closure works. However, it is reasonably possible that the estimate of its ultimate rehabilitation liability could change as a result of changes in regulations or cost estimates. The Group is committed to rehabilitation of its property. It makes use of independent environmental consultants for advice and it also uses past experience in similar situations to ensure that the provision for rehabilitation is adequate. The current Life of Mine (LOM) plan envisages the majority of the expected outflow to occur at the end of the LOM which, at the date of these accounts, is 2032 (2018: 2032) (2017: 2032) for the Kibali gold mine.


18.19.    TRADE AND OTHER PAYABLES
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Trade payables46,060
 57,590
 61,193
20,346
 29,367
 46,060
Payroll and other compensations1,908
 1,813
 2,240
7,170
 3,171
 1,908
Bank account in overdraft12,762
 11,551
 7,346

 36
 12,762
Accruals and other payables43,903
 60,905
 46,304
18,968
 27,196
 43,903
104,633

131,859

117,083
46,484

59,770

104,633

Accruals and other payables include retention, in respect of contracts with suppliers, of US$1.2 million (2018: US$1.9 million) (2017: US$8.3 million (2016: US$17.9 million) (2015: US$16.0 million). Accruals and other payables include Nil (2016: US$8.0 million) (2015: Nil) in respect of dividends declared but unpaid.

Trade and other payables are all due within a 120 days maximum.days.


19.20.    LEASES

The financeOn adoption of IFRS 16, the Group recognised right-of-use assets and lease liability recognised isliabilities in respectrelation to leases of mining vehiclesequipment and plan equipment, which havehad previously been used in excavation and hauling of waste rock and ore under an instalment sale agreement.

The lease liability is effectively securedclassified as the rights to the leased asset revert to the lessor in the event of default.operating leases.

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Gross finance lease liabilities – minimum lease payments:     
No later than 1 year11,042
 12,979
 12,100
Later than 1 year and no later than 5 years39,872
 42,239
 52,968
Later than 5 years6,694
 13,344
 13,381
Future finance charges(9,662) (13,545) (18,696)
Present value of the finance lease liability47,946

55,017

59,753
No later than 1 year7,596
 8,310
 8,223
Later than 1 year and no later than 5 years32,618
 32,853
 38,858
Later than 5 years7,732
 13,854
 12,672
 47,946

55,017

59,753
31 Dec 2019
$’000
Right of use assets
Carrying amount - beginning of the year20,766
Additions10,994
Depreciation(5,257)
Carrying value - end of year26,503
The right of use asset is measured under the cost model






Lease Liabilities
As at 1 January 201954,839
Additions10,994
Interest expense3,153




Lease payments(14,263)
Foreign exchange movements203
As at 31 December 201954,926
20.
21.    SEGMENTAL INFORMATION

Operating segments have been identified on the basis of internal reports about components of the Group that are regularly reviewed by the Group’s chief operating decision maker. The operating segments included in the internal reports are determined on the basis of their significance to the Group. In particular, the operating mine is reported as a separate segment. KAS is included within the corporate segment. The Group’s chief operating decision maker is considered by management to be the board of directors. An analysis of the Group’s business segments, excluding intergroup transactions, is set out below. Major customers are not identifiable because all gold is sold through an agent.



20.21.    SEGMENTAL INFORMATION (continued)
(CONTINUED)

Country of operationDRC Jersey    DRC Jersey    
$’000Kibali Corporate 
Intercompany
eliminations
and
consolidation
entries
 Total
Year ended 31 December 2017       
US$’000Kibali Corporate 
Intercompany
eliminations
and
consolidation
entries
 Total
Year ended 31 December 2019       
Profit and loss              
Total revenue754,852
 
 
 754,852
1,122,940
 
 
 1,122,940
Mining and processing costs excluding depreciation(436,054) 
 1,489
 (434,565)(408,001) 
 1,384
 (406,617)
Depreciation and amortisation(240,346) (2,494) (21,575) (264,415)(268,736) (1,579) (11,864) (282,179)
Mining and processing costs(676,400)
(2,494)
(20,086)
(698,980)(676,737)
(1,579)
(10,480)
(688,796)
Royalties(31,913) 
 
 (31,913)(52,792) 
 
 (52,792)
Exploration and corporate expenditure(7,089) (1,116) 
 (8,205)(13,606) (80) 
 (13,686)
Other (expenses)/income and JV profit(54,041) 758
 (1,489) (54,772)
Other income/(expense) and JV profit(4,610) 177
 (1,384) (5,817)
Finance costs(163,730) 
 158,252
 (5,478)(196,905) (8) 192,940
 (3,973)
Finance income1,464
 13,861
 (11,178) 4,147
2,759
 12,789
 (11,178) 4,370
(Loss)/profit before income tax(176,857)
11,009

125,499

(40,349)
Profit before income tax181,049

11,299

169,898

362,246
Income tax expense54,333
 
 
 54,333
(61,934) 
 
 (61,934)
Net (loss) / profit for the year(122,524)
11,009

125,499

13,984
Net profit for the year119,115

11,299

169,898

300,312
       
Capital expenditure246,406
 
 
 246,406
140,876
 
 
 140,876
Total assets2,969,999
 9,514,687
 (9,481,173) 3,003,513
3,302,116
 10,330,673
 (10,474,308) 3,158,481
Total liabilities(3,093,485) (5,778,281) 8,693,091
 (178,675)(3,265,246) (6,494,171) 9,611,062
 (148,355)
Year ended 31 December 2016       
       
Year ended 31 December 2018       
Profit and loss              
Total revenue709,372
 
 
 709,372
1,041,035
 
 
 1,041,035
Mining and processing costs excluding depreciation(385,295) 
 1,498
 (383,797)(444,147) 
 1,407
 (442,740)
Depreciation and amortisation(186,124) (2,165) (22,636) (210,925)(309,696) (1,744) (18,079) (329,519)
Mining and processing costs(571,419)
(2,165)
(21,138)
(594,722)(753,843)
(1,744)
(16,672)
(772,259)
Royalties(32,976) 
 
 (32,976)(45,249) 
 
 (45,249)
Exploration and corporate expenditure(6,270) (128) 
 (6,398)(6,084) (70) 
 (6,154)
Other (expenses)/income and JV profit(47,200) (713) (72) (47,985)
Finance costs(154,288) 
 148,990
 (5,298)
Finance income1,345
 14,599
 (11,209) 4,735
(Loss) /profit before income tax(101,436)
11,593

116,571

26,728
Income tax expense22,962
 
 
 22,962
Net (loss)/profit for the year(78,474)
11,593

116,571

49,690
Capital expenditure208,708
 362
 
 209,070
Total assets2,790,160
 6,852,741
 (6,639,428) 3,003,473
Total liabilities(2,515,598) (3,339,052) 6,077,236
 (222,586)
Year ended 31 December 2015       
Profit and loss       
Total revenue747,272
 
 
 747,272
Mining and processing costs excluding depreciation(358,872) 
 669
 (358,203)
Depreciation and amortisation(160,900) (2,055) (29,554) (192,509)
Mining and processing costs(519,772)
(2,055)
(28,885)
(550,712)
Royalties(30,196) 
 
 (30,196)
Exploration and corporate expenditure(4,211) (4,037) 
 (8,248)
Other (expenses)/income and JV profit(2,861) 161
 967
 (1,733)
Other income/(expense) and JV profit12,552
 537
 (1,407) 11,682
Finance costs(149,710) 
 144,334
 (5,376)(191,543) (29) 187,107
 (4,465)
Finance income1,245
 14,750
 (11,177) 4,818
1,578
 12,980
 (11,178) 3,380
Profit before income tax41,767

8,819

105,239

155,825
58,446

11,674

157,850

227,970
Income tax expense(20,750) 
 2,910
 (17 840
(15,972) 
 
 (15,972)
Net profit for the year21,017

8,819

108,149

137,985
42,474

11,674

157,850

211,998
       
Capital expenditure274,952
 2,145
 
 277,097
145,696
 
 
 145,696
Total assets2,713,792
 6,572,090
 (6,251,120) 3,034,762
3,052,902
 8,183,627
 (8,248,066) 2,988,463
Total liabilities(2,654,254) (3,197,100) 5,607,776
 (243,578)(3,135,151) (4,410,200) 7,416,707
 (128,644)
       


21.    SEGMENTAL INFORMATION (CONTINUED)

Year ended 31 December 2017       
Profit and loss       
Total revenue754,852
 
 
 754,852
Mining and processing costs excluding depreciation(436,054) 
 1,489
 (434,565)
Depreciation and amortisation(240,346) (2,494) (21,575) (264,415)
Mining and processing costs(676,400) (2,494) (20,086) (698,980)
Royalties(31,913) 
 
 (31,913)
Exploration and corporate expenditure(7,089) (1,116) 
 (8,205)
Other (expenses)/income and JV profit(54,041) 758
 (1,489) (54,772)
Finance costs(163,730) 
 158,252
 (5,478)
Finance income1,464
 13,861
 (11,178) 4,147
(Loss) /Profit before income tax(176,857) 11,009
 125,499
 (40,349)
Income tax expense54,333
 
 
 54,333
Net (loss)/profit for the year(122,524) 11,009
 125,499
 13,984
        
Capital expenditure246,406
 
 
 246,406
Total assets2,969,999
 9,514,687
 (9,481,173) 3,003,513
Total liabilities(3,093,485) (5,778,281) 8,693,091
 (178,675)


22.    FINANCIAL RISK MANAGEMENT

In the normal course of its operations, the Group is exposed to gold price, currency, interest rate, credit and liquidity risks. In order to manage these risks, the Group may enter into transactions which make use of on-balance sheet derivatives, but none were entered into in the current year.2019, 2018 or 2017. The Group does not acquire, hold or issue derivatives for trading purposes. The Group has developed a risk management process to facilitate, control and monitor these risks.

Foreign exchange and commodity price risk
In the normal course of business, the Group enters into transactions denominated in foreign currencies (primarily Euro, British Pound, South African Rand, Congolese Franc and Australian Dollar). As a result, the Group is subject to exposure from fluctuations in foreign currency exchange rates. In general, the Group does not enter into derivatives to manage these currency risks and none existed in 2017, 20162019, 2018 or 2015.2017. Generally, the Group does not hedge its exposure to gold price fluctuation risk and gold was sold at market spot prices in 2017, 20162019, 2018 and 2015.2017. Gold sales are made in US dollars and do not expose the Group to any currency fluctuation risk. The Group is also exposed to fluctuations in the price of consumables, such as fuel, steel, rubber, cyanide and lime, mainly due to changes in the price of oil, as well as fluctuations in exchange rates.

22.    FINANCIAL RISK MANAGEMENT (CONTINUED)

31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Level of exposure of foreign currency risk carrying value of foreign currency balances.
Cash and cash equivalents includes balances denominated in:
          
Congolese Franc (CDF)
28
 249
 71
2,289
 18
 28
• Euro (EUR)297
 17
 47
63
 613
 297
• South African rand (ZAR)65
 758
 17
• British pound (GBP)3
 55
 4
• South African Rand (ZAR)299
 102
 65
• British Pound (GBP)11
 22
 3
• Australian Dollar (AUD)402
 369
 363
10
 
 402
Trade and other receivables includes balances denominated in:          
• Congolese Franc (CDF)4
 5
 

 3
 4
• Euro (EUR)
 
 306

 
 
• South African rand (ZAR)
 
 298
• British pound (GBP)
 
 1
• South African Rand (ZAR)
 
 
• British Pound (GBP)
 
 
• Australian Dollar (AUD)
 
 

 
 
Trade and other payables includes balances denominated in:          
• Euro (EUR)(284) (825) (772)(2,723) (1,277) (284)
• South African rand (ZAR)(1,003) (671) (2,567)
• British pound (GBP)(2) 
 (3)
• South African Rand (ZAR)(115) (561) (1,003)
• British Pound (GBP)(3) (4) (2)
• Australian Dollar (AUD)(87) (193) (191)(643) (379) (87)

The Group’s exposure to foreign currency arises where a Company holds monetary assets and liabilities denominated in a currency different to the functional currency of the holder of the instrument which is the US dollar. The following table shows the impact of a 10% change in the US dollar on profit and equity arising as a result of the revaluation of the Group’s foreign currency financial instruments. The TVA balance is denominated in CDF and while not a financial instrument under IFRS 7 a movement of 10% in the year end rate would have an effect of US$12.2 million on the receivable.7.


22.    FINANCIAL RISK MANAGEMENT (CONTINUED)
 
Closing
exchange rate

 
Effect of 10%
strengthening of US$’000
on net earnings and equity

At 31 December 2017   
    Euro (EUR)
0.83382
 (28)
    South African rand (ZAR)
12.34503
 (100)
At 31 December 2016   
•    Euro (EUR)0.94868
 (83)
•    South African rand (ZAR)13.71502
 (67)
At 31 December 2015   
•    Euro (EUR)0.91525
 (47)
•    South African rand (ZAR)15.45369
 (204)
 
Closing
exchange rate
 
Effect of 10%
strengthening of US$
on net earnings and equity
   $'000
At 31 December 2019   
    Euro (EUR)
0.89373
 (272)
    South African Rand (ZAR)
14.06721
 (12)
At 31 December 2018   
    Euro (EUR)
0.87306
 (128)
    South African Rand (ZAR)
14.36232
 (56)
At 31 December 2017   
•    Euro (EUR)0.83382
 (28)
•    South African Rand (ZAR)12.34503
 (100)

The sensitivities are based on financial assets and liabilities held at 31 December 20172019 where balances were not denominated in the functional currency of the Group. The sensitivities do not take into account the Group’s income and costs and the results of the sensitivities could change due to other factors such as changes in the value of financial assets and liabilities as a result of non-foreign exchange influenced factors.

Interest rate and liquidity risk
Fluctuations in interest rates impact on the value of short term cash investments, interest receivable on hire purchase loans and interest payable on financing activities, giving rise to interest rate risk. The Group funds working capital and capital expenditure requirements with operating cash flows. The drawdowns of any funds are subject to the approval of the Annual budget and Business plan by the board of directors.

The Group has in the past been able to actively source financing through shareholder loans. The finance lease entered into bears a fixed rate of interest.

The directors believe that the working capital resources, by way of internal sources and banking facilities, are sufficient to the Group’s currently foreseeable future business requirements.

Amount
$’000

Effective rate
for year%
Amount
$’000

Effective rate
for year
Cash and cash equivalents:    
All less than 90 days3,288
0.08
All less than 90 days (2019)452,692
0.88%
All less than 90 days (2018)123,931
0.99%
All less than 90 days (2017)3,288
0.08%

Concentration of credit risk
TheIn normal circumstances, the Group’s cash balances do not give rise to a concentration of credit risk because it dealsendeavours to deal with a variety of major financial institutions wherever possible. For cash and equivalents, credit risk exposure equals the carrying amount on the balance sheet, net of any overdraft positions. To mitigate our inherent exposure to credit risk we maintain policies to limit the concentration of credit risk, review counterparty creditworthiness on a monthly basis, and ensure liquidity of available funds. Where possible, our cash and equivalents are held with AAA rated financial institutions. ItsDue to the Group’s current inability to repatriate as a result of the new mining code, a large portion of cash is held with lower rated financial institutions, however measures have been initiated to reallocate the deposits to banks with higher ratings in order to manage the credit risk exposure, and the effect of expected credit losses is considered immaterial. Historically, customer defaults have not had a significant impact on our operating results or financial position.

22.    FINANCIAL RISK MANAGEMENT (CONTINUED)

The Group applies IFRS 9 to measure expected credit losses for receivables and loans including other investments in joint ventures and loans to non-controlling interests, these are regularly monitored and assessed. Receivables are impaired when it is probable that amounts outstanding are not recoverable as set out in the accounting policy note for receivables. Gold doré, the Group’s principal product, is produced in the DRC. The gold doré is refined and sold through the largest accredited gold refinery in the world. Credit risk is further managed by regularly reviewing the financial statements of the refinery. TheFurther, the Group is further not exposed to significant credit risk on gold sales, as cash is received within a few days of the sale taking place. While not a financial asset for IFRS 7, included in receivables is a TVA balance (including recoverable TVA on fuel duty and after discounting provisions)
of US$147.8 million (2018: US$180.5 million; 2017: US$134.5 million (2016: US$131.0 million; 2015: US$137.0 million) (refer to note 11) that was past due. Refer to note 2.3. This could result in credit risk for the Group.

22.    FINANCIAL RISK MANAGEMENT (CONTINUED)

Capital risk management
The Group’s objectives when managing capital are to safeguard its ability to continue as a going concern in order to provide future returns for shareholders and benefits for other stakeholders and to maintain an optimal capital structure to reduce the cost of capital. In order to maintain or adjust the capital structure, the Group issue new shares (by way of funding from the joint venture partners) or will make use of intercompany loans. The Group monitors capital on the basis of the gearing ratio. This ratio is calculated as net borrowings, finance lease liabilities and trade and other payables (less cash) divided by total capital. Total capital is calculated as equity, as shown in the statement of financial position, plus net borrowings, finance lease liabilities and trade and other payables (less cash). This measure may differ to other companies.



31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Capital risk management          
Borrowings and trade and other payables153,439
 189,073
 178,638
102,917
 100,186
 153,439
Less: cash and cash equivalents(3,288) (18,865) (21,373)(452,692) (123,931) (3,288)
Net debt150,151
 170,208
 157,265
Net borrowings, trade and other payables(349,775) (23,745) 150,151
     
Total equity2,824,838
 2,780,887
 2,791,184
3,010,126
 2,859,819
 2,824,838
Total capital2,974,988
 2,915,095
 2,948,449
2,660,351
 2,836,074
 2,974,989
Gearing ratio5% 6% 5%-13 % -1 % 5%

Maturity analysis
The following table analyses the Group’s financial liabilities into the relevant maturity groupings based on the remaining period from the Statement of Financial Position to the contractual maturity date.
Trade and
other
payables

 Borrowings
 
Expected
future
interest
payments

Trade and
other
payables

 Borrowings
 
Expected
Future
interest
payments


22.
23.    FAIR VALUE OF FINANCIAL INSTRUMENTS

The following table shows the carrying amounts and the fair values of the Group’s available-for-saleFVOCI financial instruments outstanding at 31 December 2017, 20162019, 2018 and 2015.2017. The fair value of a financial instrument is defined as the amount at which the instrument could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale.


   
Carrying
amount

 Fair value
As at 31 December 2017     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 26
 26
As at 31 December 2016     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 58
 58
As at 31 December 2015     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 45
 45
   
Carrying
amount

 Fair value
   $'000
 $'000
As at 31 December 2019     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 3
 3
As at 31 December 2018     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 9
 9
As at 31 December 2017     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 26
 26

No derivative financial instruments currently exist.

¹Level 1: fair values are derived from quoted market prices for identical assets from an active market for which an entity has immediate access.


22.    FAIR VALUE OF FINANCIAL INSTRUMENTS(continued)



Estimation of fair values
Trade and other receivables, trade and other payables, cash and cash equivalents, bank overdrafts, loans to and from related parties

The carrying amounts are a reasonable estimate of the fair values because of the short maturity of such instruments or their interest bearing nature.

Long term and short term borrowings

The carrying amount is a reasonable estimate of the fair value because of the short maturity of such instruments, interest bearing nature and other terms of the agreement.


23.

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS
 31 Dec 2016
 31 Dec 2015
 31 Dec 2014
 $’000
 $’000
 $’000
(Loss) / profit before income taxation(40,349) 26,728
 155,825
Adjustments for:     
Interest received (note 6)(4,147) (4,735) (4,818)
Finance cost (note 6)4,949
 4,949
 4,992
Share of profits of equity accounted joint venture(113) (129) (268)
Depreciation and amortisation264,415
 210,925
 192,509
Foreign exchange loss38,469
 36,134
 
Movement in discounting provision on TVA (note 3)12,177
 7,820
 
Recycling of permanent losses on available-for-sale asset
 
 3,144
Unwinding of rehabilitation provision529
 349
 384
 275,930
 282,041
 351,768
- Effects of changes in operating working capital items     
- Receivables(69,741) (29,287) (7,122)
- Inventories30,266
 5,484
 12,565
- Trade and other payables(11,026) 14,712
 12,447
Cash generated from operations225,429
 272,950
 369,658
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Profit/(loss) before income tax362,246
 227,970
 (40,349)
Adjustments for:     
Interest received (note 8)(4,370) (3,380) (4,147)
Finance cost (note 8)3,973
 3,874
 4,949
Share of profits of equity accounted joint venture (Note 27)(34) (132) (113)
Depreciation and amortisation (Note 6)282,180
 329,519
 264,415
Foreign exchange (gain)/loss1,458
 (53,747) 38,469
Write off on TVA under settlement agreement
 20,584
 
Movement in discounting provision on TVA (note 5)
 17,309
 12,177
Unwinding of rehabilitation provision531
 591
 529
 645,984
 542,588
 275,930
Effects of changes in operating working capital items     
- Receivables3,467
 (12,877) (69,741)
- Inventories(26,142) (35,536) 30,266
- Trade and other payables(7,878) (20,967) (11,026)
Cash generated from operations615,431
 473,208
 225,429

Other non-cash items include a finance lease liability movement of US$4.1 million (2016: US$4.7 million) (2015: US$1.2 million), finance lease assets movement of US$29.7 million (2016: US$6.6 million) (2015: US$4.3 million), changes in rehabilitation provision estimates of US$2.11.8 million (2016:(2018: US$5.20.2 million) (2015:(2017: US$01.6 million) and dividends payable of Nil (2016: US$8.0 million) (2015: Nil).

Cash flows relating to loans and borrowings within financing activities comprises the following movements in finance lease liabilities:

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS (CONTINUED)

Non-current loans and Borrowings
 Current loans and Borrowings
 Total
Non-current loans and borrowings
 Current loans and borrowings
 Total
$’000
 $’000
 $’000
$’000
 $’000
 $’000
At 1 January 201746,707
 8,310
 55,017
46,707
 8,310
 55,017
Cash flows:    
Lease repayments
 (7,228) (7,228)
 (7,228) (7,228)
Non cash flows:          
Loans and borrowings classified as non current at 31 December 2016(6,357) 6,357
 
Loans and borrowings classified as non-current at 31 December 2016(6,357) 6,357
 
Interest and capital accrued
 157
 157

 157
 157
At 31 December 2017(1)
40,350
 7,596
 47,946
At 31 December 201740,350
 7,596
 47,946
At 1 January 201840,350
 7,596
 47,946
Cash flows:     
Lease repayments
 (9,579) (9,579)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2017(12,885) 12,885
 
Interest and capital accrued
 523
 523
At 31 December 201827,465
 11,425
 38,890
At 1 January 201927,465
 11,425
 38,890
IFRS 16 lease liability additions15,246
 703
 15,949
Cash flows:     
Lease repayments
 (14,263) (14,263)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2018(7,162) 7,162
 
Interest and capital accrued  3,356
 3,356
Lease additions8,272
 2,722
 10,994
At 31 December 2019(1)
43,821
 11,105
 54,926

(1) 
Refer to note 1920 and the consolidated cash flow statement.statements on page F - 104.

24.
25.    COMMITMENTS AND CONTINGENT LIABILITIES
31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Capital expenditure contracted for at statement of financial position date but not yet incurred is:          
Property, plant and equipment19,108
 21,456
 27,385
29,593
 22,687
 19,108

25. INVESTMENT IN JOINT VENTURE (continued)

25.
26.     INVESTMENT IN JOINT VENTURE

Set out below is the summarised financial information for KAS which is accounted for using the equity method (amounts stated at 100% before intercompany eliminations).

31 Dec 2017
 31 Dec 2016
 31 Dec 2015
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
$’000
 $’000
 $’000
$’000
 $’000
 $’000
Summarised statement of financial position          
Current assets          
Cash and cash equivalents2,039
 1,167
 1,222
3,384
 3,125
 2,039
Other current assets (excluding cash)1,649
 10,061
 10,584
5,643
 1,988
 1,649
Total current assets3,688
 11,228
 11,806
9,027
 5,113
 3,688
Other current liabilities (including trade payables)(1,505) (1,457) (1,653)(6,014) (1,523) (1,505)
Total current liabilities(1,505) (1,457) (1,653)(6,014) (1,523) (1,505)
Non-current          
Assets48,065
 46,707
 51,718
39,919
 39,431
 48,065
Financial liabilities(49,739) (56,195) (61,295)(42,248) (42,248) (49,739)
509

283

576
Net assets684

773

509
Summarised statement of comprehensive income          
Operating (loss)/profit(39) (21) 234
Operating loss(120) (21) (39)
Interest income3,959
 4,489
 4,802
3,185
 3,440
 3,959
Interest expense(3,695) (4,210) (4,500)(2,998) (3,155) (3,695)
Profit and total comprehensive income for the period225

258

536
67

264

225
Dividends received from joint venture
 550
 
156
 
 
Reconciliation of the summarised financial information presented to the carrying amount of the group’s interest in KAS          
Opening net assets 1 January284
 576
 40
773
 509
 284
Profit for the period225
 258
 536
67
 264
 225
Dividends received
 (550) 
(156) 
 
Closing Net assets509

284

576
Closing Net assets at 31 December684

773

509
Interest in joint venture at 50.1%255
 142
 289
343
 387
 255
Profit for the period at 50.1%34
 132
 113
     
Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’25,577
 28,830
 31,086
20,795
 21,479
 25,577
Carrying value25,832

28,972

31,375
21,138

21,866

25,832

The loan to KAS bears interest at 8% and has no fixed repayment terms. Joint control is provided through a joint venture agreement.


26.

27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS
Related parties Nature of relationship
RandgoldBarrick Gold (Holdings) Limited Ultimate Joint Venture partner
AngloGold Ashanti Ultimate Joint Venture partner
AngloGold Ashanti Holdings plc Joint Venture partner
Randgold ResourcesBarrick Gold (Kibali) Limited Joint Venture partner
Randgold Resources CongoBarrick Gold (Congo) SPRL Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Loulo SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Tongon SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Gounkoto SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Morila SAEntity under common control (subsidiary of Barrick)
Rand Refinery (Pty) Limited Associate of AngloGold Ashanti
SOKIMO Government interest in Kibali
KAS Joint Venture
Isiro (Jersey) Limited Joint Venture of RandgoldBarrick
KGL Isiro SARL Subsidiary of Isiro (Jersey) Limited

26.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (continued)
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Barrick Gold (Holdings) Ltd4,563
 4,478
 4,385
Refining fees to Rand Refinery (Pty) Limited3,444
 3,957
 3,632
Interest received from SOKIMO1,697
 1,446
 1,097
Shareholders interest received from KAS1,294
 1,578
 1,846
Interest incurred to KAS on the finance lease liability2,727
 3,359
 3,931
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited26,580
 11,114
 30,457
Loan to SOKIMO22,090
 20,393
 18,827
Loan to Barrick Gold (Congo) SPRL1,198
 616
 182
Loan to Barrick Gold (Holdings) Ltd
 
 
Loan to KGL Isiro SARL163
 97
 64
Loan to Société des Mines de Loulo SA3
 22
 4
Loan to Société des Mines de Tongon SA133
 32
 41
Loan to Société des Mines de Gounkoto SA
 
 
Loan to Société des Mines de Morila SA
 45
 
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS20 792
 21,479
 25,557
Amounts included in loans and borrowings owed to related parties     
Loan from Barrick Gold (Holdings) Ltd(1,507) (1,526) (860)
Finance lease liability with KAS(39,681) (38,890) (47,946)

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Randgold4,385
 4,296
 4,265
Refining fees to Rand Refinery (Pty) Limited3,632
 3,062
 3,564
Interest received from SOKIMO1,097
 1,335
 1,232
Shareholders interest received from KAS1,846
 2,105
 2,254
Interest incurred to KAS on the finance lease liability3,753
 4,482
 4,800
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited30,457
 1,497
 850
Loan to SOKIMO18,827
 17,381
 16,046
Loan to Randgold Resources Congo SPRL182
 45
 
Loan to Randgold
 942
 
Loan to KGL Isiro SARL64
 1
 21
Loan to Société des Mines de Loulo SA4
 
 3
Loan to Société des Mines de Tongon SA41
 76
 3
Loan to Société des Mines de Gounkoto SA
 32
 32
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS25,660
 28,830
 31,086
Amounts included in loans and borrowings owed to related parties     
Loan from Randgold(860) (2,197) (1,802)
Finance lease liability with KAS(47,946) (55,017) (59,753)
SOKIMO has a 10% interest in Kibali Goldmines SA, a subsidiary of the group.


27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (CONTINUED)

Rand Refinery (Pty) Limited (‘’Rand Refinery’’)(Rand Refinery) is an associate of AngloGold Ashanti. Kibali Goldmines SA havehas incurred refining costs of US$3.63.4 million in the year (2016:(2018: US$3.13.9 million) (2015:(2017: US$3.6 million).  US$755m (2016:1 123m (2018: US$7091 041 million) (2015:(2017: US$747755 million) of gold and silver was sold by Rand Refinery under the contract with Kibali Goldmines SA in which Rand Refinery is the stated agent.

It is the obligation of the joint venture parties, RandgoldBarrick and AngloGold Ashanti, (joint venture partners) to fund the Group for operating costs, capital costs and other costs in proportion to their respective percentage interests in Kibali (Jersey) Limited. These costs are in accordance with the Kibali Joint Venture Agreement.

The finance lease liability due to KAS is in respect of the equipment which has been transferred to the Group under an instalment sale agreement. Kibali (Jersey) Limited has a 50.1% shareholding in KAS.

Refer to notes 1113 and 1617 for the details of loans to and from related parties.

27.
28.    SUBSIDIARIES AND TRANSACTIONS WITH NON-CONTROLLING INTERESTS

The consolidated financial statements include the accounts of the Company and all of its subsidiaries and jointly controlled entities at 31 December 2017.2019. The parent Company, the principal subsidiaries and their interests are:

  % of interest
 
Country of
incorporation and
residence
CompanyKibali (Jersey) Ltd  Jersey
SubsidiaryBorder Energy East Africa (Pty) Ltd100% Uganda
SubsidiaryMoto (Jersey) 1 Ltd100% Jersey
SubsidiaryKibali 2 (Jersey) Ltd100% Jersey
Subsidiary0858065 B.C. Limited100% JerseyCanada
SubsidiaryMoto Goldmines Australia Pty Ltd100% Australia
SubsidiaryKibali Goldmines SA90% DRC
Jointly controlled entityKAS 1 Limited50.1% Jersey
28.
29.    SUBSEQUENT EVENTS

New diseases and epidemics may adversely impact Kibali’s business
In December 2019, a novel strain of coronavirus known as COVID-19 surfaced in Wuhan, China, and has spread around the world, with resulting business and social disruption. COVID-19 was declared a worldwide pandemic by the World Health Organization on March 11, 2020. The speed and extent of the spread of COVID-19, and the duration and intensity of resulting business disruption and related financial and social impact, are uncertain, and such adverse effects may be material. Kibali could be negatively affected if personnel including management and personnel at its mine are quarantined as the result of, or in order to avoid, exposure to a contagious illness. In addition, the Chinese market is a significant source of global demand for commodities. The coronavirus and efforts to contain it may have a significant effect on Chinese commodity prices and demand and potentially broader impacts on our supply chain or the global economy, which could have a material adverse effect on Kibali’s cash flows, earnings, results of operations and financial position. While governmental agencies and private sector participants will seek to mitigate the adverse effects of this coronavirus, which may include such measures as heightened sanitary practices, telecommuting, quarantine, curtailment or cessation of travel, and other restrictions, and the medical community is seeking to develop vaccines and other treatment options, the efficacy of such measures is uncertain.

No significant subsequent events requiring disclosure29.    SUBSEQUENT EVENTS (CONTINUED)

The extent to which COVID-19 (or any other disease, epidemic or adjustment occurred.pandemic) impacts business activity or financial results will depend on future developments, which are highly uncertain and cannot be predicted, including new information which may emerge concerning the coronavirus and the actions required to contain this coronavirus or treat its impact, among others.


29.30.    OTHER INFORMATION

The companyCompany is a private company limited by shares, incorporated in Jersey with aits registered office at 3rd Floor, Unity Chambers, 28 Halkett Street, St Helier, Jersey, JE2 4WJ, Channel Islands. The company’sCompany’s principal activity is the operation of the Kibali gold mine in the DRC,within Kibali.DRC.



Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 19 May 2017
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission 17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.2.5Incorporated by reference to Exhibit 1 to AngloGold Ashanti Limited’s Registration Statement on Form F-6 (No. 333-159248) filed on 14 May 2009
Exhibit 19.2.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4.2

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018


Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.3

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.4.4

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 February 2019

Exhibit 19.4.4.5

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 20 March 2019

Exhibit 19.4.4.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-k (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.5.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 12 February 2019
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2019

  Shares heldHoldingPercentage held
2019
2018
 20192018
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077
257,462,077
I100100
AngloGold Ashanti Holdings plc65,326,550,917
5,326,550,917
D100100
AngloGold Ashanti USA Incorporated10235
235
D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítio Mineração S.A.34,167,084,999
4,167,084,999
I100100
AngloGold Ashanti (Ghana) Limited(3)
4132,419,584
132,419,584
I100100
AngloGold Ashanti (Iduapriem) Limited466,270
66,270
I100100
Cerro Vanguardia S.A.113,875,000
13,875,000
I92.5092.50
Geita Gold Mining Limited9123,382,772
123,382,772
I100100
Mineração Serra Grande S.A.31,999,999
1,999,999
I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,134
3,486,134
I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)
72,324
2,324
I5050
Société des Mines de Morila S.A.8400
400
I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,000
41,000
I4141
       
Unincorporated joint operation      
Tropicana joint operation2n/a
n/a
I7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, including, Mine Waste Solutions and Mponeng are held by the parent company, AngloGold Ashanti Limited. An agreement for the sale of the South African operations was announced on 12 February 2020.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint operation in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Kelvin Dushnisky, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kelvin Paul Michael Dushnisky
Kelvin Paul Michael Dushnisky
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




SIGNATURESCERTIFICATION PURSUANT TO
The registrant hereby certifies that it meets all18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of the requirements for filingAngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and that it has duly caused and authorisedExchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 29, 2018


Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 May 2016
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 August 2014
Exhibit 19.4.4.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 September 2014

Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 9 March 2015
Exhibit 19.4.4.3Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 29 March 2016
Exhibit 19.4.4.4


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018

Exhibit 19.4.4.5


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.5Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 7 June 2013
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.6See note 12 to the consolidated financial statements
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2017

  Shares heldHoldingPercentage held
20172016 20172016
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077257,462,077I100100
AngloGold Ashanti Holdings plc65,326,550,9175,326,550,917D100100
AngloGold Ashanti USA Incorporated10237237D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítío Mineração S.A.34,167,084,9994,167,084,999I100100
AngloGold Ashanti (Ghana) Limited(3)4132,419,584132,419,584I100100
AngloGold Ashanti (Iduapriem) Limited466,27066,270I100100
Cerro Vanguardia S.A.113,875,00013,875,000I92.5092.50
Geita Gold Mining Limited9123,382,772123,382,772I100100
Mineração Serra Grande S.A.31,999,9991,999,999I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,1343,486,134I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)72,3242,310I5050
Société des Mines de Morila S.A.8400400I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,00041,000I4141
       
Unincorporated joint venture      
Tropicana joint venture2n/an/aI7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, namely, Mine Waste Solutions, Kopanang, Moab Khotsong, Mponeng and TauTona are held by the parent company, AngloGold Ashanti Limited.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint venture in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Srinivasan Venkatakrishnan, certify that:the best of our knowledge:

1.I have reviewed this annual report on Form 20-FThe Report fully complies with the requirements of AngloGold Ashanti Limited;Section 13(a) of the Securities Exchange Act of 1934; and

2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to makeThe information contained in the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report,Report fairly presentpresents, in all material respects, the financial condition and results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.Company.

Date: 29 March 2018

/s/ Srinivasan Venkatakrishnan
Srinivasan Venkatakrishnan
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 29 March 2018

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2017,2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 2927 March 20182020            /s/ Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Name: Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Title: Chief Executive Officer





Date: 2927 March 20182020            /s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our reports dated 2927 March 2018,2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2017.2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
 
Ernst & Young Inc.

Johannesburg, Republic of South Africa
2927 March 20182020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on FormsForm S-8 (No. 333-113789) and F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our report dated 1427 March 2018,2020, relating to the consolidated financial statements of Kibali (Jersey) Limited includedwhich appears in AngloGold Ashanti Limited’sthis Annual Report on Form 20-F for the year ended 31 December 2017.of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London,
United Kingdom
2927 March 20182020




SIGNATURES
The registrant hereby certifies that it meets all of the requirements for filing on Form 20-F and that it has duly caused and authorised the undersigned to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 27, 2020


E - 98
000
 

22.
23.    FAIR VALUE OF FINANCIAL INSTRUMENTS

The following table shows the carrying amounts and the fair values of the Group’s available-for-saleFVOCI financial instruments outstanding at 31 December 2017, 20162019, 2018 and 2015.2017. The fair value of a financial instrument is defined as the amount at which the instrument could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale.


   
Carrying
amount

 Fair value
As at 31 December 2017     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 26
 26
As at 31 December 2016     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 58
 58
As at 31 December 2015     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 45
 45
   
Carrying
amount

 Fair value
   $'000
 $'000
As at 31 December 2019     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 3
 3
As at 31 December 2018     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 9
 9
As at 31 December 2017     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 26
 26

No derivative financial instruments currently exist.

¹Level 1: fair values are derived from quoted market prices for identical assets from an active market for which an entity has immediate access.


22.    FAIR VALUE OF FINANCIAL INSTRUMENTS(continued)



Estimation of fair values
Trade and other receivables, trade and other payables, cash and cash equivalents, bank overdrafts, loans to and from related parties

The carrying amounts are a reasonable estimate of the fair values because of the short maturity of such instruments or their interest bearing nature.

Long term and short term borrowings

The carrying amount is a reasonable estimate of the fair value because of the short maturity of such instruments, interest bearing nature and other terms of the agreement.


23.

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS
 31 Dec 2016
 31 Dec 2015
 31 Dec 2014
 $’000
 $’000
 $’000
(Loss) / profit before income taxation(40,349) 26,728
 155,825
Adjustments for:     
Interest received (note 6)(4,147) (4,735) (4,818)
Finance cost (note 6)4,949
 4,949
 4,992
Share of profits of equity accounted joint venture(113) (129) (268)
Depreciation and amortisation264,415
 210,925
 192,509
Foreign exchange loss38,469
 36,134
 
Movement in discounting provision on TVA (note 3)12,177
 7,820
 
Recycling of permanent losses on available-for-sale asset
 
 3,144
Unwinding of rehabilitation provision529
 349
 384
 275,930
 282,041
 351,768
- Effects of changes in operating working capital items     
- Receivables(69,741) (29,287) (7,122)
- Inventories30,266
 5,484
 12,565
- Trade and other payables(11,026) 14,712
 12,447
Cash generated from operations225,429
 272,950
 369,658
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Profit/(loss) before income tax362,246
 227,970
 (40,349)
Adjustments for:     
Interest received (note 8)(4,370) (3,380) (4,147)
Finance cost (note 8)3,973
 3,874
 4,949
Share of profits of equity accounted joint venture (Note 27)(34) (132) (113)
Depreciation and amortisation (Note 6)282,180
 329,519
 264,415
Foreign exchange (gain)/loss1,458
 (53,747) 38,469
Write off on TVA under settlement agreement
 20,584
 
Movement in discounting provision on TVA (note 5)
 17,309
 12,177
Unwinding of rehabilitation provision531
 591
 529
 645,984
 542,588
 275,930
Effects of changes in operating working capital items     
- Receivables3,467
 (12,877) (69,741)
- Inventories(26,142) (35,536) 30,266
- Trade and other payables(7,878) (20,967) (11,026)
Cash generated from operations615,431
 473,208
 225,429

Other non-cash items include a finance lease liability movement of US$4.1 million (2016: US$4.7 million) (2015: US$1.2 million), finance lease assets movement of US$29.7 million (2016: US$6.6 million) (2015: US$4.3 million), changes in rehabilitation provision estimates of US$2.11.8 million (2016:(2018: US$5.20.2 million) (2015:(2017: US$01.6 million) and dividends payable of Nil (2016: US$8.0 million) (2015: Nil).

Cash flows relating to loans and borrowings within financing activities comprises the following movements in finance lease liabilities:

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS (CONTINUED)

 Non-current loans and Borrowings
 Current loans and Borrowings
 Total
 $’000
 $’000
 $’000
At 1 January 201746,707
 8,310
 55,017
Lease repayments
 (7,228) (7,228)
Non cash flows:     
Loans and borrowings classified as non current at 31 December 2016(6,357) 6,357
 
Interest and capital accrued
 157
 157
At 31 December 2017(1)
40,350
 7,596
 47,946
 Non-current loans and borrowings
 Current loans and borrowings
 Total
 $’000
 $’000
 $’000
At 1 January 201746,707
 8,310
 55,017
Cash flows:    
Lease repayments
 (7,228) (7,228)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2016(6,357) 6,357
 
Interest and capital accrued
 157
 157
At 31 December 201740,350
 7,596
 47,946
At 1 January 201840,350
 7,596
 47,946
Cash flows:     
Lease repayments
 (9,579) (9,579)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2017(12,885) 12,885
 
Interest and capital accrued
 523
 523
At 31 December 201827,465
 11,425
 38,890
At 1 January 201927,465
 11,425
 38,890
IFRS 16 lease liability additions15,246
 703
 15,949
Cash flows:     
Lease repayments
 (14,263) (14,263)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2018(7,162) 7,162
 
Interest and capital accrued  3,356
 3,356
Lease additions8,272
 2,722
 10,994
At 31 December 2019(1)
43,821
 11,105
 54,926

(1) 
Refer to note 1920 and the consolidated cash flow statement.statements on page F - 104.

24.
25.    COMMITMENTS AND CONTINGENT LIABILITIES
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Capital expenditure contracted for at statement of financial position date but not yet incurred is:     
Property, plant and equipment19,108
 21,456
 27,385
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Capital expenditure contracted for at statement of financial position date but not yet incurred is:     
Property, plant and equipment29,593
 22,687
 19,108

25. INVESTMENT IN JOINT VENTURE (continued)

25.
26.     INVESTMENT IN JOINT VENTURE

Set out below is the summarised financial information for KAS which is accounted for using the equity method (amounts stated at 100% before intercompany eliminations).

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Summarised statement of financial position     
Current assets     
Cash and cash equivalents2,039
 1,167
 1,222
Other current assets (excluding cash)1,649
 10,061
 10,584
Total current assets3,688
 11,228
 11,806
Other current liabilities (including trade payables)(1,505) (1,457) (1,653)
Total current liabilities(1,505) (1,457) (1,653)
Non-current     
Assets48,065
 46,707
 51,718
Financial liabilities(49,739) (56,195) (61,295)
 509

283

576
Summarised statement of comprehensive income     
Operating (loss)/profit(39) (21) 234
Interest income3,959
 4,489
 4,802
Interest expense(3,695) (4,210) (4,500)
Profit and total comprehensive income for the period225

258

536
Dividends received from joint venture
 550
 
Reconciliation of the summarised financial information presented to the carrying amount of the group’s interest in KAS     
Opening net assets 1 January284
 576
 40
Profit for the period225
 258
 536
Dividends received
 (550) 
Closing Net assets509

284

576
Interest in joint venture at 50.1%255
 142
 289
Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’25,577
 28,830
 31,086
Carrying value25,832

28,972

31,375
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Summarised statement of financial position     
Current assets     
Cash and cash equivalents3,384
 3,125
 2,039
Other current assets (excluding cash)5,643
 1,988
 1,649
Total current assets9,027
 5,113
 3,688
Other current liabilities (including trade payables)(6,014) (1,523) (1,505)
Total current liabilities(6,014) (1,523) (1,505)
Non-current     
Assets39,919
 39,431
 48,065
Financial liabilities(42,248) (42,248) (49,739)
Net assets684

773

509
Summarised statement of comprehensive income     
Operating loss(120) (21) (39)
Interest income3,185
 3,440
 3,959
Interest expense(2,998) (3,155) (3,695)
Profit and total comprehensive income for the period67

264

225
Dividends received from joint venture156
 
 
Reconciliation of the summarised financial information presented to the carrying amount of the group’s interest in KAS     
Opening net assets 1 January773
 509
 284
Profit for the period67
 264
 225
Dividends received(156) 
 
Closing Net assets at 31 December684

773

509
Interest in joint venture at 50.1%343
 387
 255
Profit for the period at 50.1%34
 132
 113
      
Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’20,795
 21,479
 25,577
Carrying value21,138

21,866

25,832

The loan to KAS bears interest at 8% and has no fixed repayment terms. Joint control is provided through a joint venture agreement.


26.

27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS
Related parties Nature of relationship
RandgoldBarrick Gold (Holdings) Limited Ultimate Joint Venture partner
AngloGold Ashanti Ultimate Joint Venture partner
AngloGold Ashanti Holdings plc Joint Venture partner
Randgold ResourcesBarrick Gold (Kibali) Limited Joint Venture partner
Randgold Resources CongoBarrick Gold (Congo) SPRL Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Loulo SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Tongon SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Gounkoto SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Morila SAEntity under common control (subsidiary of Barrick)
Rand Refinery (Pty) Limited Associate of AngloGold Ashanti
SOKIMO Government interest in Kibali
KAS Joint Venture
Isiro (Jersey) Limited Joint Venture of RandgoldBarrick
KGL Isiro SARL Subsidiary of Isiro (Jersey) Limited

26.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (continued)
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Barrick Gold (Holdings) Ltd4,563
 4,478
 4,385
Refining fees to Rand Refinery (Pty) Limited3,444
 3,957
 3,632
Interest received from SOKIMO1,697
 1,446
 1,097
Shareholders interest received from KAS1,294
 1,578
 1,846
Interest incurred to KAS on the finance lease liability2,727
 3,359
 3,931
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited26,580
 11,114
 30,457
Loan to SOKIMO22,090
 20,393
 18,827
Loan to Barrick Gold (Congo) SPRL1,198
 616
 182
Loan to Barrick Gold (Holdings) Ltd
 
 
Loan to KGL Isiro SARL163
 97
 64
Loan to Société des Mines de Loulo SA3
 22
 4
Loan to Société des Mines de Tongon SA133
 32
 41
Loan to Société des Mines de Gounkoto SA
 
 
Loan to Société des Mines de Morila SA
 45
 
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS20 792
 21,479
 25,557
Amounts included in loans and borrowings owed to related parties     
Loan from Barrick Gold (Holdings) Ltd(1,507) (1,526) (860)
Finance lease liability with KAS(39,681) (38,890) (47,946)

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Randgold4,385
 4,296
 4,265
Refining fees to Rand Refinery (Pty) Limited3,632
 3,062
 3,564
Interest received from SOKIMO1,097
 1,335
 1,232
Shareholders interest received from KAS1,846
 2,105
 2,254
Interest incurred to KAS on the finance lease liability3,753
 4,482
 4,800
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited30,457
 1,497
 850
Loan to SOKIMO18,827
 17,381
 16,046
Loan to Randgold Resources Congo SPRL182
 45
 
Loan to Randgold
 942
 
Loan to KGL Isiro SARL64
 1
 21
Loan to Société des Mines de Loulo SA4
 
 3
Loan to Société des Mines de Tongon SA41
 76
 3
Loan to Société des Mines de Gounkoto SA
 32
 32
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS25,660
 28,830
 31,086
Amounts included in loans and borrowings owed to related parties     
Loan from Randgold(860) (2,197) (1,802)
Finance lease liability with KAS(47,946) (55,017) (59,753)
SOKIMO has a 10% interest in Kibali Goldmines SA, a subsidiary of the group.


27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (CONTINUED)

Rand Refinery (Pty) Limited (‘’Rand Refinery’’)(Rand Refinery) is an associate of AngloGold Ashanti. Kibali Goldmines SA havehas incurred refining costs of US$3.63.4 million in the year (2016:(2018: US$3.13.9 million) (2015:(2017: US$3.6 million).  US$755m (2016:1 123m (2018: US$7091 041 million) (2015:(2017: US$747755 million) of gold and silver was sold by Rand Refinery under the contract with Kibali Goldmines SA in which Rand Refinery is the stated agent.

It is the obligation of the joint venture parties, RandgoldBarrick and AngloGold Ashanti, (joint venture partners) to fund the Group for operating costs, capital costs and other costs in proportion to their respective percentage interests in Kibali (Jersey) Limited. These costs are in accordance with the Kibali Joint Venture Agreement.

The finance lease liability due to KAS is in respect of the equipment which has been transferred to the Group under an instalment sale agreement. Kibali (Jersey) Limited has a 50.1% shareholding in KAS.

Refer to notes 1113 and 1617 for the details of loans to and from related parties.

27.
28.    SUBSIDIARIES AND TRANSACTIONS WITH NON-CONTROLLING INTERESTS

The consolidated financial statements include the accounts of the Company and all of its subsidiaries and jointly controlled entities at 31 December 2017.2019. The parent Company, the principal subsidiaries and their interests are:

  % of interest
 
Country of
incorporation and
residence
CompanyKibali (Jersey) Ltd  Jersey
SubsidiaryBorder Energy East Africa (Pty) Ltd100% Uganda
SubsidiaryMoto (Jersey) 1 Ltd100% Jersey
SubsidiaryKibali 2 (Jersey) Ltd100% Jersey
Subsidiary0858065 B.C. Limited100% JerseyCanada
SubsidiaryMoto Goldmines Australia Pty Ltd100% Australia
SubsidiaryKibali Goldmines SA90% DRC
Jointly controlled entityKAS 1 Limited50.1% Jersey
28.
29.    SUBSEQUENT EVENTS

New diseases and epidemics may adversely impact Kibali’s business
In December 2019, a novel strain of coronavirus known as COVID-19 surfaced in Wuhan, China, and has spread around the world, with resulting business and social disruption. COVID-19 was declared a worldwide pandemic by the World Health Organization on March 11, 2020. The speed and extent of the spread of COVID-19, and the duration and intensity of resulting business disruption and related financial and social impact, are uncertain, and such adverse effects may be material. Kibali could be negatively affected if personnel including management and personnel at its mine are quarantined as the result of, or in order to avoid, exposure to a contagious illness. In addition, the Chinese market is a significant source of global demand for commodities. The coronavirus and efforts to contain it may have a significant effect on Chinese commodity prices and demand and potentially broader impacts on our supply chain or the global economy, which could have a material adverse effect on Kibali’s cash flows, earnings, results of operations and financial position. While governmental agencies and private sector participants will seek to mitigate the adverse effects of this coronavirus, which may include such measures as heightened sanitary practices, telecommuting, quarantine, curtailment or cessation of travel, and other restrictions, and the medical community is seeking to develop vaccines and other treatment options, the efficacy of such measures is uncertain.

No significant subsequent events requiring disclosure29.    SUBSEQUENT EVENTS (CONTINUED)

The extent to which COVID-19 (or any other disease, epidemic or adjustment occurred.pandemic) impacts business activity or financial results will depend on future developments, which are highly uncertain and cannot be predicted, including new information which may emerge concerning the coronavirus and the actions required to contain this coronavirus or treat its impact, among others.


29.30.    OTHER INFORMATION

The companyCompany is a private company limited by shares, incorporated in Jersey with aits registered office at 3rd Floor, Unity Chambers, 28 Halkett Street, St Helier, Jersey, JE2 4WJ, Channel Islands. The company’sCompany’s principal activity is the operation of the Kibali gold mine in the DRC,within Kibali.DRC.



Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 19 May 2017
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission 17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.2.5Incorporated by reference to Exhibit 1 to AngloGold Ashanti Limited’s Registration Statement on Form F-6 (No. 333-159248) filed on 14 May 2009
Exhibit 19.2.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4.2

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018


Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.3

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.4.4

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 February 2019

Exhibit 19.4.4.5

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 20 March 2019

Exhibit 19.4.4.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-k (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.5.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 12 February 2019
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2019

  Shares heldHoldingPercentage held
2019
2018
 20192018
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077
257,462,077
I100100
AngloGold Ashanti Holdings plc65,326,550,917
5,326,550,917
D100100
AngloGold Ashanti USA Incorporated10235
235
D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítio Mineração S.A.34,167,084,999
4,167,084,999
I100100
AngloGold Ashanti (Ghana) Limited(3)
4132,419,584
132,419,584
I100100
AngloGold Ashanti (Iduapriem) Limited466,270
66,270
I100100
Cerro Vanguardia S.A.113,875,000
13,875,000
I92.5092.50
Geita Gold Mining Limited9123,382,772
123,382,772
I100100
Mineração Serra Grande S.A.31,999,999
1,999,999
I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,134
3,486,134
I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)
72,324
2,324
I5050
Société des Mines de Morila S.A.8400
400
I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,000
41,000
I4141
       
Unincorporated joint operation      
Tropicana joint operation2n/a
n/a
I7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, including, Mine Waste Solutions and Mponeng are held by the parent company, AngloGold Ashanti Limited. An agreement for the sale of the South African operations was announced on 12 February 2020.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint operation in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Kelvin Dushnisky, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kelvin Paul Michael Dushnisky
Kelvin Paul Michael Dushnisky
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




SIGNATURESCERTIFICATION PURSUANT TO
The registrant hereby certifies that it meets all18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of the requirements for filingAngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and that it has duly caused and authorisedExchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 29, 2018


Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 May 2016
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 August 2014
Exhibit 19.4.4.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 September 2014

Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 9 March 2015
Exhibit 19.4.4.3Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 29 March 2016
Exhibit 19.4.4.4


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018

Exhibit 19.4.4.5


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.5Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 7 June 2013
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.6See note 12 to the consolidated financial statements
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2017

  Shares heldHoldingPercentage held
20172016 20172016
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077257,462,077I100100
AngloGold Ashanti Holdings plc65,326,550,9175,326,550,917D100100
AngloGold Ashanti USA Incorporated10237237D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítío Mineração S.A.34,167,084,9994,167,084,999I100100
AngloGold Ashanti (Ghana) Limited(3)4132,419,584132,419,584I100100
AngloGold Ashanti (Iduapriem) Limited466,27066,270I100100
Cerro Vanguardia S.A.113,875,00013,875,000I92.5092.50
Geita Gold Mining Limited9123,382,772123,382,772I100100
Mineração Serra Grande S.A.31,999,9991,999,999I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,1343,486,134I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)72,3242,310I5050
Société des Mines de Morila S.A.8400400I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,00041,000I4141
       
Unincorporated joint venture      
Tropicana joint venture2n/an/aI7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, namely, Mine Waste Solutions, Kopanang, Moab Khotsong, Mponeng and TauTona are held by the parent company, AngloGold Ashanti Limited.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint venture in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Srinivasan Venkatakrishnan, certify that:the best of our knowledge:

1.I have reviewed this annual report on Form 20-FThe Report fully complies with the requirements of AngloGold Ashanti Limited;Section 13(a) of the Securities Exchange Act of 1934; and

2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to makeThe information contained in the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report,Report fairly presentpresents, in all material respects, the financial condition and results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.Company.

Date: 29 March 2018

/s/ Srinivasan Venkatakrishnan
Srinivasan Venkatakrishnan
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 29 March 2018

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2017,2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 2927 March 20182020            /s/ Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Name: Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Title: Chief Executive Officer





Date: 2927 March 20182020            /s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our reports dated 2927 March 2018,2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2017.2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
 
Ernst & Young Inc.

Johannesburg, Republic of South Africa
2927 March 20182020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on FormsForm S-8 (No. 333-113789) and F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our report dated 1427 March 2018,2020, relating to the consolidated financial statements of Kibali (Jersey) Limited includedwhich appears in AngloGold Ashanti Limited’sthis Annual Report on Form 20-F for the year ended 31 December 2017.of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London,
United Kingdom
2927 March 20182020




SIGNATURES
The registrant hereby certifies that it meets all of the requirements for filing on Form 20-F and that it has duly caused and authorised the undersigned to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 27, 2020


E - 98
000
 

22.
23.    FAIR VALUE OF FINANCIAL INSTRUMENTS

The following table shows the carrying amounts and the fair values of the Group’s available-for-saleFVOCI financial instruments outstanding at 31 December 2017, 20162019, 2018 and 2015.2017. The fair value of a financial instrument is defined as the amount at which the instrument could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale.


   
Carrying
amount

 Fair value
As at 31 December 2017     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 26
 26
As at 31 December 2016     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 58
 58
As at 31 December 2015     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 45
 45
   
Carrying
amount

 Fair value
   $'000
 $'000
As at 31 December 2019     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 3
 3
As at 31 December 2018     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 9
 9
As at 31 December 2017     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 26
 26

No derivative financial instruments currently exist.

¹Level 1: fair values are derived from quoted market prices for identical assets from an active market for which an entity has immediate access.


22.    FAIR VALUE OF FINANCIAL INSTRUMENTS(continued)



Estimation of fair values
Trade and other receivables, trade and other payables, cash and cash equivalents, bank overdrafts, loans to and from related parties

The carrying amounts are a reasonable estimate of the fair values because of the short maturity of such instruments or their interest bearing nature.

Long term and short term borrowings

The carrying amount is a reasonable estimate of the fair value because of the short maturity of such instruments, interest bearing nature and other terms of the agreement.


23.

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS
 31 Dec 2016
 31 Dec 2015
 31 Dec 2014
 $’000
 $’000
 $’000
(Loss) / profit before income taxation(40,349) 26,728
 155,825
Adjustments for:     
Interest received (note 6)(4,147) (4,735) (4,818)
Finance cost (note 6)4,949
 4,949
 4,992
Share of profits of equity accounted joint venture(113) (129) (268)
Depreciation and amortisation264,415
 210,925
 192,509
Foreign exchange loss38,469
 36,134
 
Movement in discounting provision on TVA (note 3)12,177
 7,820
 
Recycling of permanent losses on available-for-sale asset
 
 3,144
Unwinding of rehabilitation provision529
 349
 384
 275,930
 282,041
 351,768
- Effects of changes in operating working capital items     
- Receivables(69,741) (29,287) (7,122)
- Inventories30,266
 5,484
 12,565
- Trade and other payables(11,026) 14,712
 12,447
Cash generated from operations225,429
 272,950
 369,658
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Profit/(loss) before income tax362,246
 227,970
 (40,349)
Adjustments for:     
Interest received (note 8)(4,370) (3,380) (4,147)
Finance cost (note 8)3,973
 3,874
 4,949
Share of profits of equity accounted joint venture (Note 27)(34) (132) (113)
Depreciation and amortisation (Note 6)282,180
 329,519
 264,415
Foreign exchange (gain)/loss1,458
 (53,747) 38,469
Write off on TVA under settlement agreement
 20,584
 
Movement in discounting provision on TVA (note 5)
 17,309
 12,177
Unwinding of rehabilitation provision531
 591
 529
 645,984
 542,588
 275,930
Effects of changes in operating working capital items     
- Receivables3,467
 (12,877) (69,741)
- Inventories(26,142) (35,536) 30,266
- Trade and other payables(7,878) (20,967) (11,026)
Cash generated from operations615,431
 473,208
 225,429

Other non-cash items include a finance lease liability movement of US$4.1 million (2016: US$4.7 million) (2015: US$1.2 million), finance lease assets movement of US$29.7 million (2016: US$6.6 million) (2015: US$4.3 million), changes in rehabilitation provision estimates of US$2.11.8 million (2016:(2018: US$5.20.2 million) (2015:(2017: US$01.6 million) and dividends payable of Nil (2016: US$8.0 million) (2015: Nil).

Cash flows relating to loans and borrowings within financing activities comprises the following movements in finance lease liabilities:

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS (CONTINUED)

 Non-current loans and Borrowings
 Current loans and Borrowings
 Total
 $’000
 $’000
 $’000
At 1 January 201746,707
 8,310
 55,017
Lease repayments
 (7,228) (7,228)
Non cash flows:     
Loans and borrowings classified as non current at 31 December 2016(6,357) 6,357
 
Interest and capital accrued
 157
 157
At 31 December 2017(1)
40,350
 7,596
 47,946
 Non-current loans and borrowings
 Current loans and borrowings
 Total
 $’000
 $’000
 $’000
At 1 January 201746,707
 8,310
 55,017
Cash flows:    
Lease repayments
 (7,228) (7,228)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2016(6,357) 6,357
 
Interest and capital accrued
 157
 157
At 31 December 201740,350
 7,596
 47,946
At 1 January 201840,350
 7,596
 47,946
Cash flows:     
Lease repayments
 (9,579) (9,579)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2017(12,885) 12,885
 
Interest and capital accrued
 523
 523
At 31 December 201827,465
 11,425
 38,890
At 1 January 201927,465
 11,425
 38,890
IFRS 16 lease liability additions15,246
 703
 15,949
Cash flows:     
Lease repayments
 (14,263) (14,263)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2018(7,162) 7,162
 
Interest and capital accrued  3,356
 3,356
Lease additions8,272
 2,722
 10,994
At 31 December 2019(1)
43,821
 11,105
 54,926

(1) 
Refer to note 1920 and the consolidated cash flow statement.statements on page F - 104.

24.
25.    COMMITMENTS AND CONTINGENT LIABILITIES
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Capital expenditure contracted for at statement of financial position date but not yet incurred is:     
Property, plant and equipment19,108
 21,456
 27,385
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Capital expenditure contracted for at statement of financial position date but not yet incurred is:     
Property, plant and equipment29,593
 22,687
 19,108

25. INVESTMENT IN JOINT VENTURE (continued)

25.
26.     INVESTMENT IN JOINT VENTURE

Set out below is the summarised financial information for KAS which is accounted for using the equity method (amounts stated at 100% before intercompany eliminations).

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Summarised statement of financial position     
Current assets     
Cash and cash equivalents2,039
 1,167
 1,222
Other current assets (excluding cash)1,649
 10,061
 10,584
Total current assets3,688
 11,228
 11,806
Other current liabilities (including trade payables)(1,505) (1,457) (1,653)
Total current liabilities(1,505) (1,457) (1,653)
Non-current     
Assets48,065
 46,707
 51,718
Financial liabilities(49,739) (56,195) (61,295)
 509

283

576
Summarised statement of comprehensive income     
Operating (loss)/profit(39) (21) 234
Interest income3,959
 4,489
 4,802
Interest expense(3,695) (4,210) (4,500)
Profit and total comprehensive income for the period225

258

536
Dividends received from joint venture
 550
 
Reconciliation of the summarised financial information presented to the carrying amount of the group’s interest in KAS     
Opening net assets 1 January284
 576
 40
Profit for the period225
 258
 536
Dividends received
 (550) 
Closing Net assets509

284

576
Interest in joint venture at 50.1%255
 142
 289
Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’25,577
 28,830
 31,086
Carrying value25,832

28,972

31,375
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Summarised statement of financial position     
Current assets     
Cash and cash equivalents3,384
 3,125
 2,039
Other current assets (excluding cash)5,643
 1,988
 1,649
Total current assets9,027
 5,113
 3,688
Other current liabilities (including trade payables)(6,014) (1,523) (1,505)
Total current liabilities(6,014) (1,523) (1,505)
Non-current     
Assets39,919
 39,431
 48,065
Financial liabilities(42,248) (42,248) (49,739)
Net assets684

773

509
Summarised statement of comprehensive income     
Operating loss(120) (21) (39)
Interest income3,185
 3,440
 3,959
Interest expense(2,998) (3,155) (3,695)
Profit and total comprehensive income for the period67

264

225
Dividends received from joint venture156
 
 
Reconciliation of the summarised financial information presented to the carrying amount of the group’s interest in KAS     
Opening net assets 1 January773
 509
 284
Profit for the period67
 264
 225
Dividends received(156) 
 
Closing Net assets at 31 December684

773

509
Interest in joint venture at 50.1%343
 387
 255
Profit for the period at 50.1%34
 132
 113
      
Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’20,795
 21,479
 25,577
Carrying value21,138

21,866

25,832

The loan to KAS bears interest at 8% and has no fixed repayment terms. Joint control is provided through a joint venture agreement.


26.

27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS
Related parties Nature of relationship
RandgoldBarrick Gold (Holdings) Limited Ultimate Joint Venture partner
AngloGold Ashanti Ultimate Joint Venture partner
AngloGold Ashanti Holdings plc Joint Venture partner
Randgold ResourcesBarrick Gold (Kibali) Limited Joint Venture partner
Randgold Resources CongoBarrick Gold (Congo) SPRL Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Loulo SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Tongon SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Gounkoto SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Morila SAEntity under common control (subsidiary of Barrick)
Rand Refinery (Pty) Limited Associate of AngloGold Ashanti
SOKIMO Government interest in Kibali
KAS Joint Venture
Isiro (Jersey) Limited Joint Venture of RandgoldBarrick
KGL Isiro SARL Subsidiary of Isiro (Jersey) Limited

26.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (continued)
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Barrick Gold (Holdings) Ltd4,563
 4,478
 4,385
Refining fees to Rand Refinery (Pty) Limited3,444
 3,957
 3,632
Interest received from SOKIMO1,697
 1,446
 1,097
Shareholders interest received from KAS1,294
 1,578
 1,846
Interest incurred to KAS on the finance lease liability2,727
 3,359
 3,931
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited26,580
 11,114
 30,457
Loan to SOKIMO22,090
 20,393
 18,827
Loan to Barrick Gold (Congo) SPRL1,198
 616
 182
Loan to Barrick Gold (Holdings) Ltd
 
 
Loan to KGL Isiro SARL163
 97
 64
Loan to Société des Mines de Loulo SA3
 22
 4
Loan to Société des Mines de Tongon SA133
 32
 41
Loan to Société des Mines de Gounkoto SA
 
 
Loan to Société des Mines de Morila SA
 45
 
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS20 792
 21,479
 25,557
Amounts included in loans and borrowings owed to related parties     
Loan from Barrick Gold (Holdings) Ltd(1,507) (1,526) (860)
Finance lease liability with KAS(39,681) (38,890) (47,946)

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Randgold4,385
 4,296
 4,265
Refining fees to Rand Refinery (Pty) Limited3,632
 3,062
 3,564
Interest received from SOKIMO1,097
 1,335
 1,232
Shareholders interest received from KAS1,846
 2,105
 2,254
Interest incurred to KAS on the finance lease liability3,753
 4,482
 4,800
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited30,457
 1,497
 850
Loan to SOKIMO18,827
 17,381
 16,046
Loan to Randgold Resources Congo SPRL182
 45
 
Loan to Randgold
 942
 
Loan to KGL Isiro SARL64
 1
 21
Loan to Société des Mines de Loulo SA4
 
 3
Loan to Société des Mines de Tongon SA41
 76
 3
Loan to Société des Mines de Gounkoto SA
 32
 32
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS25,660
 28,830
 31,086
Amounts included in loans and borrowings owed to related parties     
Loan from Randgold(860) (2,197) (1,802)
Finance lease liability with KAS(47,946) (55,017) (59,753)
SOKIMO has a 10% interest in Kibali Goldmines SA, a subsidiary of the group.


27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (CONTINUED)

Rand Refinery (Pty) Limited (‘’Rand Refinery’’)(Rand Refinery) is an associate of AngloGold Ashanti. Kibali Goldmines SA havehas incurred refining costs of US$3.63.4 million in the year (2016:(2018: US$3.13.9 million) (2015:(2017: US$3.6 million).  US$755m (2016:1 123m (2018: US$7091 041 million) (2015:(2017: US$747755 million) of gold and silver was sold by Rand Refinery under the contract with Kibali Goldmines SA in which Rand Refinery is the stated agent.

It is the obligation of the joint venture parties, RandgoldBarrick and AngloGold Ashanti, (joint venture partners) to fund the Group for operating costs, capital costs and other costs in proportion to their respective percentage interests in Kibali (Jersey) Limited. These costs are in accordance with the Kibali Joint Venture Agreement.

The finance lease liability due to KAS is in respect of the equipment which has been transferred to the Group under an instalment sale agreement. Kibali (Jersey) Limited has a 50.1% shareholding in KAS.

Refer to notes 1113 and 1617 for the details of loans to and from related parties.

27.
28.    SUBSIDIARIES AND TRANSACTIONS WITH NON-CONTROLLING INTERESTS

The consolidated financial statements include the accounts of the Company and all of its subsidiaries and jointly controlled entities at 31 December 2017.2019. The parent Company, the principal subsidiaries and their interests are:

  % of interest
 
Country of
incorporation and
residence
CompanyKibali (Jersey) Ltd  Jersey
SubsidiaryBorder Energy East Africa (Pty) Ltd100% Uganda
SubsidiaryMoto (Jersey) 1 Ltd100% Jersey
SubsidiaryKibali 2 (Jersey) Ltd100% Jersey
Subsidiary0858065 B.C. Limited100% JerseyCanada
SubsidiaryMoto Goldmines Australia Pty Ltd100% Australia
SubsidiaryKibali Goldmines SA90% DRC
Jointly controlled entityKAS 1 Limited50.1% Jersey
28.
29.    SUBSEQUENT EVENTS

New diseases and epidemics may adversely impact Kibali’s business
In December 2019, a novel strain of coronavirus known as COVID-19 surfaced in Wuhan, China, and has spread around the world, with resulting business and social disruption. COVID-19 was declared a worldwide pandemic by the World Health Organization on March 11, 2020. The speed and extent of the spread of COVID-19, and the duration and intensity of resulting business disruption and related financial and social impact, are uncertain, and such adverse effects may be material. Kibali could be negatively affected if personnel including management and personnel at its mine are quarantined as the result of, or in order to avoid, exposure to a contagious illness. In addition, the Chinese market is a significant source of global demand for commodities. The coronavirus and efforts to contain it may have a significant effect on Chinese commodity prices and demand and potentially broader impacts on our supply chain or the global economy, which could have a material adverse effect on Kibali’s cash flows, earnings, results of operations and financial position. While governmental agencies and private sector participants will seek to mitigate the adverse effects of this coronavirus, which may include such measures as heightened sanitary practices, telecommuting, quarantine, curtailment or cessation of travel, and other restrictions, and the medical community is seeking to develop vaccines and other treatment options, the efficacy of such measures is uncertain.

No significant subsequent events requiring disclosure29.    SUBSEQUENT EVENTS (CONTINUED)

The extent to which COVID-19 (or any other disease, epidemic or adjustment occurred.pandemic) impacts business activity or financial results will depend on future developments, which are highly uncertain and cannot be predicted, including new information which may emerge concerning the coronavirus and the actions required to contain this coronavirus or treat its impact, among others.


29.30.    OTHER INFORMATION

The companyCompany is a private company limited by shares, incorporated in Jersey with aits registered office at 3rd Floor, Unity Chambers, 28 Halkett Street, St Helier, Jersey, JE2 4WJ, Channel Islands. The company’sCompany’s principal activity is the operation of the Kibali gold mine in the DRC,within Kibali.DRC.



Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 19 May 2017
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission 17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.2.5Incorporated by reference to Exhibit 1 to AngloGold Ashanti Limited’s Registration Statement on Form F-6 (No. 333-159248) filed on 14 May 2009
Exhibit 19.2.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4.2

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018


Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.3

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.4.4

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 February 2019

Exhibit 19.4.4.5

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 20 March 2019

Exhibit 19.4.4.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-k (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.5.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 12 February 2019
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2019

  Shares heldHoldingPercentage held
2019
2018
 20192018
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077
257,462,077
I100100
AngloGold Ashanti Holdings plc65,326,550,917
5,326,550,917
D100100
AngloGold Ashanti USA Incorporated10235
235
D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítio Mineração S.A.34,167,084,999
4,167,084,999
I100100
AngloGold Ashanti (Ghana) Limited(3)
4132,419,584
132,419,584
I100100
AngloGold Ashanti (Iduapriem) Limited466,270
66,270
I100100
Cerro Vanguardia S.A.113,875,000
13,875,000
I92.5092.50
Geita Gold Mining Limited9123,382,772
123,382,772
I100100
Mineração Serra Grande S.A.31,999,999
1,999,999
I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,134
3,486,134
I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)
72,324
2,324
I5050
Société des Mines de Morila S.A.8400
400
I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,000
41,000
I4141
       
Unincorporated joint operation      
Tropicana joint operation2n/a
n/a
I7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, including, Mine Waste Solutions and Mponeng are held by the parent company, AngloGold Ashanti Limited. An agreement for the sale of the South African operations was announced on 12 February 2020.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint operation in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Kelvin Dushnisky, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kelvin Paul Michael Dushnisky
Kelvin Paul Michael Dushnisky
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




SIGNATURESCERTIFICATION PURSUANT TO
The registrant hereby certifies that it meets all18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of the requirements for filingAngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and that it has duly caused and authorisedExchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 29, 2018


Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 May 2016
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 August 2014
Exhibit 19.4.4.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 September 2014

Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 9 March 2015
Exhibit 19.4.4.3Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 29 March 2016
Exhibit 19.4.4.4


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018

Exhibit 19.4.4.5


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.5Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 7 June 2013
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.6See note 12 to the consolidated financial statements
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2017

  Shares heldHoldingPercentage held
20172016 20172016
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077257,462,077I100100
AngloGold Ashanti Holdings plc65,326,550,9175,326,550,917D100100
AngloGold Ashanti USA Incorporated10237237D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítío Mineração S.A.34,167,084,9994,167,084,999I100100
AngloGold Ashanti (Ghana) Limited(3)4132,419,584132,419,584I100100
AngloGold Ashanti (Iduapriem) Limited466,27066,270I100100
Cerro Vanguardia S.A.113,875,00013,875,000I92.5092.50
Geita Gold Mining Limited9123,382,772123,382,772I100100
Mineração Serra Grande S.A.31,999,9991,999,999I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,1343,486,134I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)72,3242,310I5050
Société des Mines de Morila S.A.8400400I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,00041,000I4141
       
Unincorporated joint venture      
Tropicana joint venture2n/an/aI7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, namely, Mine Waste Solutions, Kopanang, Moab Khotsong, Mponeng and TauTona are held by the parent company, AngloGold Ashanti Limited.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint venture in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Srinivasan Venkatakrishnan, certify that:the best of our knowledge:

1.I have reviewed this annual report on Form 20-FThe Report fully complies with the requirements of AngloGold Ashanti Limited;Section 13(a) of the Securities Exchange Act of 1934; and

2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to makeThe information contained in the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report,Report fairly presentpresents, in all material respects, the financial condition and results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.Company.

Date: 29 March 2018

/s/ Srinivasan Venkatakrishnan
Srinivasan Venkatakrishnan
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 29 March 2018

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2017,2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 2927 March 20182020            /s/ Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Name: Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Title: Chief Executive Officer





Date: 2927 March 20182020            /s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our reports dated 2927 March 2018,2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2017.2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
 
Ernst & Young Inc.

Johannesburg, Republic of South Africa
2927 March 20182020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on FormsForm S-8 (No. 333-113789) and F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our report dated 1427 March 2018,2020, relating to the consolidated financial statements of Kibali (Jersey) Limited includedwhich appears in AngloGold Ashanti Limited’sthis Annual Report on Form 20-F for the year ended 31 December 2017.of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London,
United Kingdom
2927 March 20182020




SIGNATURES
The registrant hereby certifies that it meets all of the requirements for filing on Form 20-F and that it has duly caused and authorised the undersigned to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 27, 2020


E - 98
000
At 31 December 2019     
Financial liabilities     
Within 1 year in demand46,484
 11,105
 2,030
Later than 1 year and no later than 5
 45,328
 2,373
After 5 years
 
 
Total46,484
 56,433
 4,403
At 31 December 2018     
Financial liabilities     
Within 1 year in demand59,770
 11,425
 2,966
Later than 1 year and no later than 5
 28,991
 5,780
After 5 years
 
 127
Total59,770
 40,416
 8,873
At 31 December 2017          
Financial liabilities          
Within 1 year in demand104,633
 7,596
 3,345
104,633
 7,596
 3,345
Later than 1 year and no later than 5 years
 41,210
 6,820
Later than 1 year and no later than 5
 41,210
 6,012
After 5 years
 
 305

 
 305
Total104,633
 48,806
 10,470
104,633
 48,806
 9,662
At 31 December 2016     
Financial liabilities     
Within 1 year in demand131,859
 10,285
 3,974
Later than 1 year and no later than 5 years
 46,929
 8,693
After 5 years
 
 878
Total131,859
 57,214
 13,545
At 31 December 2015     
Financial liabilities     
Within 1 year in demand117,083
 9,808
 2,461
Later than 1 year and no later than 5 years
 39,075
 12,430
After 5 years
 12,672
 3,805
Total117,083
 61,555
 18,696

22.
23.    FAIR VALUE OF FINANCIAL INSTRUMENTS

The following table shows the carrying amounts and the fair values of the Group’s available-for-saleFVOCI financial instruments outstanding at 31 December 2017, 20162019, 2018 and 2015.2017. The fair value of a financial instrument is defined as the amount at which the instrument could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale.


   
Carrying
amount

 Fair value
As at 31 December 2017     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 26
 26
As at 31 December 2016     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 58
 58
As at 31 December 2015     
Categorised as level 1¹     
Available-for-sale financial assetAvailable for sale 45
 45
   
Carrying
amount

 Fair value
   $'000
 $'000
As at 31 December 2019     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 3
 3
As at 31 December 2018     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 9
 9
As at 31 December 2017     
Categorised as level 1¹     
Investment marketable securitiesFVOCI 26
 26

No derivative financial instruments currently exist.

¹Level 1: fair values are derived from quoted market prices for identical assets from an active market for which an entity has immediate access.


22.    FAIR VALUE OF FINANCIAL INSTRUMENTS(continued)



Estimation of fair values
Trade and other receivables, trade and other payables, cash and cash equivalents, bank overdrafts, loans to and from related parties

The carrying amounts are a reasonable estimate of the fair values because of the short maturity of such instruments or their interest bearing nature.

Long term and short term borrowings

The carrying amount is a reasonable estimate of the fair value because of the short maturity of such instruments, interest bearing nature and other terms of the agreement.


23.

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS
 31 Dec 2016
 31 Dec 2015
 31 Dec 2014
 $’000
 $’000
 $’000
(Loss) / profit before income taxation(40,349) 26,728
 155,825
Adjustments for:     
Interest received (note 6)(4,147) (4,735) (4,818)
Finance cost (note 6)4,949
 4,949
 4,992
Share of profits of equity accounted joint venture(113) (129) (268)
Depreciation and amortisation264,415
 210,925
 192,509
Foreign exchange loss38,469
 36,134
 
Movement in discounting provision on TVA (note 3)12,177
 7,820
 
Recycling of permanent losses on available-for-sale asset
 
 3,144
Unwinding of rehabilitation provision529
 349
 384
 275,930
 282,041
 351,768
- Effects of changes in operating working capital items     
- Receivables(69,741) (29,287) (7,122)
- Inventories30,266
 5,484
 12,565
- Trade and other payables(11,026) 14,712
 12,447
Cash generated from operations225,429
 272,950
 369,658
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Profit/(loss) before income tax362,246
 227,970
 (40,349)
Adjustments for:     
Interest received (note 8)(4,370) (3,380) (4,147)
Finance cost (note 8)3,973
 3,874
 4,949
Share of profits of equity accounted joint venture (Note 27)(34) (132) (113)
Depreciation and amortisation (Note 6)282,180
 329,519
 264,415
Foreign exchange (gain)/loss1,458
 (53,747) 38,469
Write off on TVA under settlement agreement
 20,584
 
Movement in discounting provision on TVA (note 5)
 17,309
 12,177
Unwinding of rehabilitation provision531
 591
 529
 645,984
 542,588
 275,930
Effects of changes in operating working capital items     
- Receivables3,467
 (12,877) (69,741)
- Inventories(26,142) (35,536) 30,266
- Trade and other payables(7,878) (20,967) (11,026)
Cash generated from operations615,431
 473,208
 225,429

Other non-cash items include a finance lease liability movement of US$4.1 million (2016: US$4.7 million) (2015: US$1.2 million), finance lease assets movement of US$29.7 million (2016: US$6.6 million) (2015: US$4.3 million), changes in rehabilitation provision estimates of US$2.11.8 million (2016:(2018: US$5.20.2 million) (2015:(2017: US$01.6 million) and dividends payable of Nil (2016: US$8.0 million) (2015: Nil).

Cash flows relating to loans and borrowings within financing activities comprises the following movements in finance lease liabilities:

24.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMS (CONTINUED)

 Non-current loans and Borrowings
 Current loans and Borrowings
 Total
 $’000
 $’000
 $’000
At 1 January 201746,707
 8,310
 55,017
Lease repayments
 (7,228) (7,228)
Non cash flows:     
Loans and borrowings classified as non current at 31 December 2016(6,357) 6,357
 
Interest and capital accrued
 157
 157
At 31 December 2017(1)
40,350
 7,596
 47,946
 Non-current loans and borrowings
 Current loans and borrowings
 Total
 $’000
 $’000
 $’000
At 1 January 201746,707
 8,310
 55,017
Cash flows:    
Lease repayments
 (7,228) (7,228)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2016(6,357) 6,357
 
Interest and capital accrued
 157
 157
At 31 December 201740,350
 7,596
 47,946
At 1 January 201840,350
 7,596
 47,946
Cash flows:     
Lease repayments
 (9,579) (9,579)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2017(12,885) 12,885
 
Interest and capital accrued
 523
 523
At 31 December 201827,465
 11,425
 38,890
At 1 January 201927,465
 11,425
 38,890
IFRS 16 lease liability additions15,246
 703
 15,949
Cash flows:     
Lease repayments
 (14,263) (14,263)
Non cash flows:     
Loans and borrowings classified as non-current at 31 December 2018(7,162) 7,162
 
Interest and capital accrued  3,356
 3,356
Lease additions8,272
 2,722
 10,994
At 31 December 2019(1)
43,821
 11,105
 54,926

(1) 
Refer to note 1920 and the consolidated cash flow statement.statements on page F - 104.

24.
25.    COMMITMENTS AND CONTINGENT LIABILITIES
 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Capital expenditure contracted for at statement of financial position date but not yet incurred is:     
Property, plant and equipment19,108
 21,456
 27,385
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Capital expenditure contracted for at statement of financial position date but not yet incurred is:     
Property, plant and equipment29,593
 22,687
 19,108

25. INVESTMENT IN JOINT VENTURE (continued)

25.
26.     INVESTMENT IN JOINT VENTURE

Set out below is the summarised financial information for KAS which is accounted for using the equity method (amounts stated at 100% before intercompany eliminations).

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Summarised statement of financial position     
Current assets     
Cash and cash equivalents2,039
 1,167
 1,222
Other current assets (excluding cash)1,649
 10,061
 10,584
Total current assets3,688
 11,228
 11,806
Other current liabilities (including trade payables)(1,505) (1,457) (1,653)
Total current liabilities(1,505) (1,457) (1,653)
Non-current     
Assets48,065
 46,707
 51,718
Financial liabilities(49,739) (56,195) (61,295)
 509

283

576
Summarised statement of comprehensive income     
Operating (loss)/profit(39) (21) 234
Interest income3,959
 4,489
 4,802
Interest expense(3,695) (4,210) (4,500)
Profit and total comprehensive income for the period225

258

536
Dividends received from joint venture
 550
 
Reconciliation of the summarised financial information presented to the carrying amount of the group’s interest in KAS     
Opening net assets 1 January284
 576
 40
Profit for the period225
 258
 536
Dividends received
 (550) 
Closing Net assets509

284

576
Interest in joint venture at 50.1%255
 142
 289
Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’25,577
 28,830
 31,086
Carrying value25,832

28,972

31,375
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Summarised statement of financial position     
Current assets     
Cash and cash equivalents3,384
 3,125
 2,039
Other current assets (excluding cash)5,643
 1,988
 1,649
Total current assets9,027
 5,113
 3,688
Other current liabilities (including trade payables)(6,014) (1,523) (1,505)
Total current liabilities(6,014) (1,523) (1,505)
Non-current     
Assets39,919
 39,431
 48,065
Financial liabilities(42,248) (42,248) (49,739)
Net assets684

773

509
Summarised statement of comprehensive income     
Operating loss(120) (21) (39)
Interest income3,185
 3,440
 3,959
Interest expense(2,998) (3,155) (3,695)
Profit and total comprehensive income for the period67

264

225
Dividends received from joint venture156
 
 
Reconciliation of the summarised financial information presented to the carrying amount of the group’s interest in KAS     
Opening net assets 1 January773
 509
 284
Profit for the period67
 264
 225
Dividends received(156) 
 
Closing Net assets at 31 December684

773

509
Interest in joint venture at 50.1%343
 387
 255
Profit for the period at 50.1%34
 132
 113
      
Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’20,795
 21,479
 25,577
Carrying value21,138

21,866

25,832

The loan to KAS bears interest at 8% and has no fixed repayment terms. Joint control is provided through a joint venture agreement.


26.

27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS
Related parties Nature of relationship
RandgoldBarrick Gold (Holdings) Limited Ultimate Joint Venture partner
AngloGold Ashanti Ultimate Joint Venture partner
AngloGold Ashanti Holdings plc Joint Venture partner
Randgold ResourcesBarrick Gold (Kibali) Limited Joint Venture partner
Randgold Resources CongoBarrick Gold (Congo) SPRL Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Loulo SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Tongon SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Gounkoto SA Entity under common control (subsidiary of Randgold)Barrick)
Société des Mines de Morila SAEntity under common control (subsidiary of Barrick)
Rand Refinery (Pty) Limited Associate of AngloGold Ashanti
SOKIMO Government interest in Kibali
KAS Joint Venture
Isiro (Jersey) Limited Joint Venture of RandgoldBarrick
KGL Isiro SARL Subsidiary of Isiro (Jersey) Limited

26.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (continued)
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Barrick Gold (Holdings) Ltd4,563
 4,478
 4,385
Refining fees to Rand Refinery (Pty) Limited3,444
 3,957
 3,632
Interest received from SOKIMO1,697
 1,446
 1,097
Shareholders interest received from KAS1,294
 1,578
 1,846
Interest incurred to KAS on the finance lease liability2,727
 3,359
 3,931
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited26,580
 11,114
 30,457
Loan to SOKIMO22,090
 20,393
 18,827
Loan to Barrick Gold (Congo) SPRL1,198
 616
 182
Loan to Barrick Gold (Holdings) Ltd
 
 
Loan to KGL Isiro SARL163
 97
 64
Loan to Société des Mines de Loulo SA3
 22
 4
Loan to Société des Mines de Tongon SA133
 32
 41
Loan to Société des Mines de Gounkoto SA
 
 
Loan to Société des Mines de Morila SA
 45
 
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS20 792
 21,479
 25,557
Amounts included in loans and borrowings owed to related parties     
Loan from Barrick Gold (Holdings) Ltd(1,507) (1,526) (860)
Finance lease liability with KAS(39,681) (38,890) (47,946)

 31 Dec 2017
 31 Dec 2016
 31 Dec 2015
 $’000
 $’000
 $’000
Related party transactions     
Management fee paid to Randgold4,385
 4,296
 4,265
Refining fees to Rand Refinery (Pty) Limited3,632
 3,062
 3,564
Interest received from SOKIMO1,097
 1,335
 1,232
Shareholders interest received from KAS1,846
 2,105
 2,254
Interest incurred to KAS on the finance lease liability3,753
 4,482
 4,800
Amounts included in trade and other receivables owing by related parties     
Rand Refinery (Pty) Limited30,457
 1,497
 850
Loan to SOKIMO18,827
 17,381
 16,046
Loan to Randgold Resources Congo SPRL182
 45
 
Loan to Randgold
 942
 
Loan to KGL Isiro SARL64
 1
 21
Loan to Société des Mines de Loulo SA4
 
 3
Loan to Société des Mines de Tongon SA41
 76
 3
Loan to Société des Mines de Gounkoto SA
 32
 32
Amounts included in other investment in joint venture owing by related parties     
Loan to KAS25,660
 28,830
 31,086
Amounts included in loans and borrowings owed to related parties     
Loan from Randgold(860) (2,197) (1,802)
Finance lease liability with KAS(47,946) (55,017) (59,753)
SOKIMO has a 10% interest in Kibali Goldmines SA, a subsidiary of the group.


27.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS (CONTINUED)

Rand Refinery (Pty) Limited (‘’Rand Refinery’’)(Rand Refinery) is an associate of AngloGold Ashanti. Kibali Goldmines SA havehas incurred refining costs of US$3.63.4 million in the year (2016:(2018: US$3.13.9 million) (2015:(2017: US$3.6 million).  US$755m (2016:1 123m (2018: US$7091 041 million) (2015:(2017: US$747755 million) of gold and silver was sold by Rand Refinery under the contract with Kibali Goldmines SA in which Rand Refinery is the stated agent.

It is the obligation of the joint venture parties, RandgoldBarrick and AngloGold Ashanti, (joint venture partners) to fund the Group for operating costs, capital costs and other costs in proportion to their respective percentage interests in Kibali (Jersey) Limited. These costs are in accordance with the Kibali Joint Venture Agreement.

The finance lease liability due to KAS is in respect of the equipment which has been transferred to the Group under an instalment sale agreement. Kibali (Jersey) Limited has a 50.1% shareholding in KAS.

Refer to notes 1113 and 1617 for the details of loans to and from related parties.

27.
28.    SUBSIDIARIES AND TRANSACTIONS WITH NON-CONTROLLING INTERESTS

The consolidated financial statements include the accounts of the Company and all of its subsidiaries and jointly controlled entities at 31 December 2017.2019. The parent Company, the principal subsidiaries and their interests are:

  % of interest
 
Country of
incorporation and
residence
CompanyKibali (Jersey) Ltd  Jersey
SubsidiaryBorder Energy East Africa (Pty) Ltd100% Uganda
SubsidiaryMoto (Jersey) 1 Ltd100% Jersey
SubsidiaryKibali 2 (Jersey) Ltd100% Jersey
Subsidiary0858065 B.C. Limited100% JerseyCanada
SubsidiaryMoto Goldmines Australia Pty Ltd100% Australia
SubsidiaryKibali Goldmines SA90% DRC
Jointly controlled entityKAS 1 Limited50.1% Jersey
28.
29.    SUBSEQUENT EVENTS

New diseases and epidemics may adversely impact Kibali’s business
In December 2019, a novel strain of coronavirus known as COVID-19 surfaced in Wuhan, China, and has spread around the world, with resulting business and social disruption. COVID-19 was declared a worldwide pandemic by the World Health Organization on March 11, 2020. The speed and extent of the spread of COVID-19, and the duration and intensity of resulting business disruption and related financial and social impact, are uncertain, and such adverse effects may be material. Kibali could be negatively affected if personnel including management and personnel at its mine are quarantined as the result of, or in order to avoid, exposure to a contagious illness. In addition, the Chinese market is a significant source of global demand for commodities. The coronavirus and efforts to contain it may have a significant effect on Chinese commodity prices and demand and potentially broader impacts on our supply chain or the global economy, which could have a material adverse effect on Kibali’s cash flows, earnings, results of operations and financial position. While governmental agencies and private sector participants will seek to mitigate the adverse effects of this coronavirus, which may include such measures as heightened sanitary practices, telecommuting, quarantine, curtailment or cessation of travel, and other restrictions, and the medical community is seeking to develop vaccines and other treatment options, the efficacy of such measures is uncertain.

No significant subsequent events requiring disclosure29.    SUBSEQUENT EVENTS (CONTINUED)

The extent to which COVID-19 (or any other disease, epidemic or adjustment occurred.pandemic) impacts business activity or financial results will depend on future developments, which are highly uncertain and cannot be predicted, including new information which may emerge concerning the coronavirus and the actions required to contain this coronavirus or treat its impact, among others.


29.30.    OTHER INFORMATION

The companyCompany is a private company limited by shares, incorporated in Jersey with aits registered office at 3rd Floor, Unity Chambers, 28 Halkett Street, St Helier, Jersey, JE2 4WJ, Channel Islands. The company’sCompany’s principal activity is the operation of the Kibali gold mine in the DRC,within Kibali.DRC.



Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 19 May 2017
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission 17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.2.5Incorporated by reference to Exhibit 1 to AngloGold Ashanti Limited’s Registration Statement on Form F-6 (No. 333-159248) filed on 14 May 2009
Exhibit 19.2.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4.2

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018


Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.3

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.4.4

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 February 2019

Exhibit 19.4.4.5

Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 20 March 2019

Exhibit 19.4.4.6Incorporated by reference to AngloGold Ashanti Limited's report on Form 6-k (No. 001-14846) furnished to the Securities and Exchange Commission on 25 March 2020
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.5.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 12 February 2019
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2019

  Shares heldHoldingPercentage held
2019
2018
 20192018
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077
257,462,077
I100100
AngloGold Ashanti Holdings plc65,326,550,917
5,326,550,917
D100100
AngloGold Ashanti USA Incorporated10235
235
D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítio Mineração S.A.34,167,084,999
4,167,084,999
I100100
AngloGold Ashanti (Ghana) Limited(3)
4132,419,584
132,419,584
I100100
AngloGold Ashanti (Iduapriem) Limited466,270
66,270
I100100
Cerro Vanguardia S.A.113,875,000
13,875,000
I92.5092.50
Geita Gold Mining Limited9123,382,772
123,382,772
I100100
Mineração Serra Grande S.A.31,999,999
1,999,999
I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,134
3,486,134
I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)
72,324
2,324
I5050
Société des Mines de Morila S.A.8400
400
I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,000
41,000
I4141
       
Unincorporated joint operation      
Tropicana joint operation2n/a
n/a
I7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, including, Mine Waste Solutions and Mponeng are held by the parent company, AngloGold Ashanti Limited. An agreement for the sale of the South African operations was announced on 12 February 2020.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint operation in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Kelvin Dushnisky, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kelvin Paul Michael Dushnisky
Kelvin Paul Michael Dushnisky
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 27 March 2020

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




SIGNATURESCERTIFICATION PURSUANT TO
The registrant hereby certifies that it meets all18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of the requirements for filingAngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2019, as filed with the Securities and that it has duly caused and authorisedExchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 29, 2018


Exhibits to Form 20-F
Exhibit NumberDescriptionRemarks
Exhibit 19.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 May 2016
Exhibit 19.2.1Incorporated by reference to Exhibit 4.2 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form F-3 (Nos. 333-182712 and 333-182712-02) filed with the Securities and Exchange Commission17 July 2012
Exhibit 19.2.2Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.3Incorporated by reference to Exhibit 99(C) to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statement on Form 8-A (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 2010
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 30 July 2012
Exhibit 19.4.1.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 April 2013
Exhibit 19.4.1.3


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 18 May 2017
Exhibit 19.4.4Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 25 August 2014
Exhibit 19.4.4.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 10 September 2014

Exhibit NumberDescriptionRemarks
Exhibit 19.4.4.2Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 9 March 2015
Exhibit 19.4.4.3Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 29 March 2016
Exhibit 19.4.4.4


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 13 March 2018

Exhibit 19.4.4.5


Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 15 March 2018

Exhibit 19.4.5Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 7 June 2013
Exhibit 19.4.5.1Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 8 October 2014
Exhibit 19.4.6Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No.001-14846) furnished to the Securities and Exchange Commission on 19 February 2016
Exhibit 19.6See note 12 to the consolidated financial statements
Exhibit 19.8
Exhibit 19.12.1
Exhibit 19.12.2
Exhibit 19.13
Exhibit 19.15.1
Exhibit 19.15.2


EXHIBIT 19.8

PRINCIPAL SUBSIDIARIES AND OPERATING ENTITIES AT 31 DECEMBER 2017

  Shares heldHoldingPercentage held
20172016 20172016
Principal subsidiaries and controlled operating entities(1)
      
AngloGold Ashanti Australia Limited(2)
2257,462,077257,462,077I100100
AngloGold Ashanti Holdings plc65,326,550,9175,326,550,917D100100
AngloGold Ashanti USA Incorporated10237237D100100
       
Operating entities      
AngloGold Ashanti Córrego do Sítío Mineração S.A.34,167,084,9994,167,084,999I100100
AngloGold Ashanti (Ghana) Limited(3)4132,419,584132,419,584I100100
AngloGold Ashanti (Iduapriem) Limited466,27066,270I100100
Cerro Vanguardia S.A.113,875,00013,875,000I92.5092.50
Geita Gold Mining Limited9123,382,772123,382,772I100100
Mineração Serra Grande S.A.31,999,9991,999,999I100100
Societé AngloGold Ashanti de Guinée S.A.53,486,1343,486,134I8585
       
Joint venture operating entities      
Kibali (Jersey) Limited(4)72,3242,310I5050
Société des Mines de Morila S.A.8400400I4040
Société d'Exploitation des Mines d'Or de Sadiola S.A.841,00041,000I4141
       
Unincorporated joint venture      
Tropicana joint venture2n/an/aI7070

D - Direct Holding
I - Indirect Holding

(1)
All the operations in South Africa, namely, Mine Waste Solutions, Kopanang, Moab Khotsong, Mponeng and TauTona are held by the parent company, AngloGold Ashanti Limited.
(2)
Owner of the Sunrise Dam operation and the Tropicana joint venture in Australia.
(3)
Operates the Obuasi mine in Ghana.
(4)
Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.
1Argentina 6Isle of Man
2Australia 7Jersey
3Brazil 8Mali
4Ghana 9Tanzania
5Republic of Guinea 10United States of America

EXHIBIT 19.12.1
CERTIFICATION

I, Srinivasan Venkatakrishnan, certify that:the best of our knowledge:

1.I have reviewed this annual report on Form 20-FThe Report fully complies with the requirements of AngloGold Ashanti Limited;Section 13(a) of the Securities Exchange Act of 1934; and

2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to makeThe information contained in the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report,Report fairly presentpresents, in all material respects, the financial condition and results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.Company.

Date: 29 March 2018

/s/ Srinivasan Venkatakrishnan
Srinivasan Venkatakrishnan
Chief Executive Officer

EXHIBIT 19.12.2
CERTIFICATION

I, Christine Ramon, certify that:

1.I have reviewed this annual report on Form 20-F of AngloGold Ashanti Limited;
2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;
4.The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:
a.Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
b.Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with IFRS as issued by the IASB;
c.Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
d.Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and
5.The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent functions):
a.All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and
b.Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.

Date: 29 March 2018

/s/ Kandimathie Christine Ramon
Kandimathie Christine Ramon
Chief Financial Officer

EXHIBIT 19.13Date: 27 March 2020/s/ Kelvin Paul Michael Dushnisky
Name: Kelvin Paul Michael Dushnisky
Title: Chief Executive Officer




Date: 27 March 2020/s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-230651) of AngloGold Ashanti Limited of our reports dated 27 March 2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
Ernst & Young Inc.

Johannesburg, Republic of South Africa
27 March 2020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and F-3 (No. 333-230651) of AngloGold Ashanti Limited of our report dated 27 March 2020, relating to the consolidated financial statements of Kibali (Jersey) Limited which appears in this Annual Report on Form 20-F of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London, United Kingdom
27 March 2020




CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AngloGold Ashanti Limited (the “Company”) on Form 20-F for the period ending 31 December 2017,2019, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:

1.The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2.The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: 2927 March 20182020            /s/ Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Name: Srinivasan VenkatakrishnanKelvin Paul Michael Dushnisky
Title: Chief Executive Officer





Date: 2927 March 20182020            /s/ Kandimathie Christine Ramon
Name: Kandimathie Christine Ramon
Title: Chief Financial Officer


Exhibit 19.15.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


We consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-113789) and the Registration Statement on Form F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our reports dated 2927 March 2018,2020, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the year ended 31 December 2017.2019, filed with the Securities and Exchange Commission.







/s/ Ernst & Young Inc.
 
Ernst & Young Inc.

Johannesburg, Republic of South Africa
2927 March 20182020


Exhibit 19.15.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

AngloGold Ashanti Limited
Johannesburg, South Africa


We hereby consent to the incorporation by reference in the Registration Statement on FormsForm S-8 (No. 333-113789) and F-3 (No. 333-210564)333-230651) of AngloGold Ashanti Limited of our report dated 1427 March 2018,2020, relating to the consolidated financial statements of Kibali (Jersey) Limited includedwhich appears in AngloGold Ashanti Limited’sthis Annual Report on Form 20-F for the year ended 31 December 2017.of AngloGold Ashanti Limited.



/s/ BDO LLP

BDO LLP

London,
United Kingdom
2927 March 20182020




SIGNATURES
The registrant hereby certifies that it meets all of the requirements for filing on Form 20-F and that it has duly caused and authorised the undersigned to sign this annual report on its behalf.
ANGLOGOLD ASHANTI LIMITED
/s/ Kandimathie Christine Ramon

Name:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:March 27, 2020


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