0001067428au:SilicosisProvisionMemberau:A10IncreaseInNumberOfCasesMember2021-01-012021-12-31
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As filed with the Securities and Exchange Commission on 2717 March 2020
2023
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 20-F
REGISTRATION STATEMENT PURSUANT TO SECTION 12(B) OR 12(G) OF THE SECURITIES EXCHANGE ACT OF 1934 OR
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 2019DECEMBER 2022
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,112 Oxford Road, Houghton Estate, Johannesburg, 20012198
(P.O. Box 62117, Marshalltown, 2107)Private Bag X 20, Rosebank, 2196)
South Africa
(Address of Principal Executive Offices)
Kandimathie Christine Ramon, Gillian Ann Doran, Chief Financial Officer, Telephone: +27 11 6376019+1 (720) 9538283
E-mail: cramon@anglogoldashanti.com, 76 Rahima Moosa Street, Newtown, gdoran@anglogoldashanti.com,112 Oxford Road,Houghton Estate,Johannesburg 2001, ,2198,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%3.375% Notes due 20202028AU/2028New York Stock Exchange
5.125%3.75% Notes due 20222030AU/2230New 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 each415,301,215418,600,473 
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 xNo
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  has submitted electronically every Interactive Data File required to be submitted 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 such files).
Yes xNo 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or an emerging growth company. See definition of “large accelerated filer”, “accelerated filer,” and “emerging growth company” in Rule 12b-2 of the Exchange Act.
Check one:
(Check one): Large Accelerated Filer  accelerated filerx
Accelerated filer ☐
Accelerated Filer Non-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†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 whether the registrant has filed a report on and attestation to its management’s assessment of the effectiveness of its internal control over financial reporting under Section 404(b) of the Sarbanes-Oxley Act (15 U.S.C. 7262(b)) by the registered public accounting firm that prepared or issued its audit report.                                                        x
If securities are registered pursuant to Section 12(b) of the Act, indicate by check mark whether the financial statements of the registrant included in the filing reflect the correction of an error to previously issued financial statements.
Indicate by check mark whether any of those error corrections are restatements that required a recovery analysis of incentive-based compensation received by any of the registrant’s executive officers during the relevant recovery period pursuant to §240.10D-1(b).
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



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




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Item 9:
9A.
9B.
9C.
9D.
9E.
9F.
Item 10:
10A.
10B.
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10D.
10E.
10F.
10G.
10H.
10I.
10J.
Item 11:
Item 12:
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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 16I:
Item 17:
Item 18:
F-1
Item 19
E-1





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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, we, us, our, the group and the groupGroup 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). 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,rand, ZAR andor R are to the lawful currency of the Republic of South Africa, references to US dollars, dollar, dollar, USD, US$ or $ are to the lawful currency of the United States, references to  and or Euro are to the lawful currency of the European Union, references to ARS andor Argentinean peso are to the lawful currency of Argentina, references to AUD, Australian dollars anddollar or A$ are to the lawful currency of Australia, references to BRL or Brazilian real are to the lawful currency of Brazil, references to TZS or Tanzanian shilling are to the lawful currency of the United Republic of Tanzania, references to Ghanaian cedi, GHS, cedi or Gh¢ are to the lawful currency of Ghana, and references to CDF or Congolese franc are to the lawful currency of the Democratic Republic of the Congo, references to GBP, British pounds or £ are to the lawful currency of the United Kingdom.Kingdom, references to Canadian dollar, CAD or C$ are to the lawful currency of Canada and references to Colombian peso or COP are to the lawful currency of Colombia.


Non-GAAP financial measures


In this annual report on Form 20-F, AngloGold Ashanti presents the financial items “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”, “all-in costs per ounce” and “all-in costs“average gold price received 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.IFRS or as an indicator of the Company's performance.


While the Gold Institute has provided definitions for the calculation of total cash costs net of by-product revenue, and during June 2013, the World Gold Council (WGC) published a Guidance Note (which was updated in November 2018) 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 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 as well as “average gold price received 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-inMetrics—All-in Sustaining and All-In Costs.


Although we have shareholder rights and board representation commensurate with our ownership interests in our equity accountedequity-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



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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’sCompany’s audited financial statements to “all-in sustaining costs”, “all-in sustaining costs per ounce”, “all-in costs”, “all-in costs per 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 20192022 is presented herein. See “Item“Item 5A: Operating Results-Non-GAAPResults—Non-GAAP analysis”.


DiscontinuedOperations

On 12 February1 October 2020, Harmony Gold Mining Company Limited ("Harmony") took effective control of AngloGold Ashanti announced that it reached an agreement to sell itsAshanti’s remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited.liabilities. 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 theoperations. Accordingly, AngloGold Ashanti’s remaining South African producing assets and related liabilities were recorded as a discontinued operation.operations for the year ended and as at 31 December 2020. In addition, AngloGold Ashanti sold its interests in the Morila and Sadiola gold mines in Mali in November and December 2020, respectively. None of AngloGold Ashanti’s Malian assets were recorded as discontinued operations.


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.




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CERTAIN FORWARD-LOOKING STATEMENTS


Certain statements contained in this document,annual report on Form 20-F, 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, return on equity, 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, the consequences of the COVID-19 pandemic and the outcome and consequenceconsequences 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 and forecasts 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),including related to inflation or international conflicts, 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, any supply chain disruptions, any public health crises, pandemics or epidemics (including the COVID-19 pandemic), and other business and operational risk managementrisks and other factors, as described in “Itemincluding mining accidents. For a discussion of such risk factors, refer to “Item 3D: Risk Factors” and elsewhere in this annual report (including as a result of the COVID-19 pandemic).report. 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 on Form 20-F 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.




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GLOSSARY OF SELECTED TERMS

MiningFinancial terms
All injury frequency rate: 2020 notes:The total number$700 million aggregate principal amount of injuries5.375 percent notes due 2020, which were repaid at maturity in April 2020 and fatalities that occurs per million hours worked.are no longer outstanding.
BIF: Banded Ironstone Formation. A chemically formed iron-rich sedimentary rock.2022 notes: The $750 million aggregate principal amount of 5.125 percent notes due 2022, which were repurchased in part in October 2021 with the remainder redeemed in November 2021 and are no longer outstanding.
By-products: Any products that emanate from the core process2028 notes: The $750 million aggregate principal amount of producing gold, including silver, uranium and sulphuric acid.3.375 percent notes due 2028.
Carbon-in-leach (CIL): Gold is leached from a slurry2030 notes: The $700 million aggregate principal amount 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.3.750 percent notes due 2030.
Carbon-in-pulp (CIP): Gold is leached conventionally from a slurry2040 notes: The $300 million aggregate principal amount 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.6.50 percent notes due 2040.
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 issues. 
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 (AISC): During June 2013, the World Gold Council (WGC), an industry body, published a Guidance Note (which was updated in November 2018) 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: AverageThe attributable 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,income (price received), divided by attributable ounces of gold sales in ounces.sold.
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’sGroup’s attributable share.
Capital expenditure: or total 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)Over-The-Counter (OTC) wholesale market of which the transaction will be settled in two business days’ time.
Non-foreign operation: An entity with a functional currency, the same as the parent company (ZAR), which differs from the Group presentation currency (USD).
Non-sustaining capital, expenditure: non-sustaining project capital or growth 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: Ounces of gold produced:The $700 million 5.375 percent bonds due 2020, $300 million 6.5 percent bonds due 2040 andattributable number of gold ounces produced by the $750 million 5.125 percent bonds due 2022.Group.
Ounces of gold sold: The attributable number of gold ounces sold by the Group.
Price received $/oz: The attributable gold income including realised non-hedge derivatives divided by attributable ounces of gold sold.
Rated bonds: The 2028 notes, the 2030 notes and the 2040 notes.
Region: Defines the operational management divisions within AngloGold Ashanti Limited, namely South Africa, Continental Africa (DRC, Ghana, Guinea Mali and Tanzania), Australia and the Americas (Argentina and Brazil).Brazil and projects in the United States and Colombia); the South African operations were sold during 2020.
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 (expenditure): Capital expenditure to extend useful lives of existing production assets. This includes replacement of vehicles, plant and machinery, Mineral 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.



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Sustaining capital: capital or total sustaining capital (expenditure): 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 (netnet of by-product revenue): revenue: Total cash costs net of by-product revenue include site costs for all mining, processing, andonsite administration and are inclusive ofcosts, royalties and production taxes. Depreciation, depletiontaxes, as well as contributions from by-products but exclude amortisation of tangible, intangible and amortisation,right of use assets, rehabilitation costs and other non-cash costs, retrenchment costs, corporate administration, employee severancemarketing and related costs, capital costs and exploration costs are excluded.costs. Total cash costs net of by-product revenue per ounce are theis calculated by dividing attributable total cash costs dividednet of by-product revenue 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,Group, and increased by share options that are virtually certain to be exercised.




Currencies
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Currencies
$, US$, USD, US dollarsdollar or dollarUnited States dollarsdollar
ARS or Argentinean pesoArgentinean peso
A$, AUD or Australian dollars or AUDdollarAustralian dollarsdollar
BRL or Brazilian realBrazilian real
£, GBP or British poundBritish pound
C$, CAD or Canadian dollarCanadian dollar
COP or Colombian pesoColombian peso
CDF or Congolese francCongolese franc
€ or EuroEuropean Euroeuro
GHS, Gh¢, Ghanaian cedi or Gh¢cediGhanaian cedi
TZS or Tanzanian shillingTanzanian Shillingsshilling
ZAR, R, or randSouth African randsrand or randSouth African rand


Abbreviations



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Mining terms
All injury frequency rate (AIFR): The total number of injuries and fatalities that occurs per million hours worked.
By-products: Any potentially economic or saleable products that emanate from the core process of producing gold or copper, including silver, molybdenum and sulphuric acid.
Carbon-in-leach (CIL): Gold is leached from a slurry of ore where cyanide and carbon granules are added to the same agitated tanks. The gold loaded 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 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.
Comminution: Comminution is the crushing and grinding of ore to make gold available for physical or chemical separation (see also “Milling”).
Contained gold or Contained copper: The total gold or copper content (tonnes multiplied by grade) of the material being described.
Cut-off grade: Cut-off grade is the grade (i.e., the concentration of metal or mineral in rock) that determines the destination of the material during mining. For purposes of establishing “prospects of economic extraction,” the cut-off grade is the grade that distinguishes material deemed to have no economic value (it will not be mined in underground mining or if mined in surface mining, its destination will be the waste dump) from material deemed to have economic value (its ultimate destination during mining will be a processing facility). Other terms used in similar fashion as cut-off grade include net smelter return, pay limit, and break-even stripping ratio.
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.
Development stage property: A development stage property is a property that has Mineral Reserve disclosed, but no material extraction.
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.
Economically viable: Economically viable, when used in the context of Mineral Reserve determination, means that the Qualified Person has determined, using a discounted cash flow analysis, or has otherwise analytically determined, that extraction of the Mineral Reserve is economically viable under reasonable investment and market assumptions.
Electrowinning: 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 electrowinning.
Exploration results: Exploration results are data and information generated by mineral exploration programs (i.e., programs consisting of sampling, drilling, trenching, analytical testing, assaying, and other similar activities undertaken to locate, investigate, define or delineate a mineral prospect or mineral deposit) that are not part of a disclosure of Mineral Resource or Reserve. A registrant must not use exploration results alone to derive estimates of tonnage, grade, and production rates, or in an assessment of economic viability.
Exploration stage property: An exploration stage property is a property that has no Mineral Reserve disclosed.
Exploration target: An exploration target is a statement or estimate of the exploration potential of a mineral deposit in a defined geological setting where the statement or estimate, quoted as a range of tonnage and a range of grade (or quality), relates to mineralisation for which there has been insufficient exploration to estimate a Mineral Resource.
Feasibility study: A feasibility study is a comprehensive technical and economic study of the selected development option for a mineral project, which includes detailed assessments of all applicable modifying factors, as defined by this section, together with any other relevant operational factors, and detailed financial analyses that are necessary to demonstrate, at the time of reporting, that extraction is economically viable. The results of the study may serve as the basis for a final decision by a proponent or financial institution to proceed with, or finance, the development of the project. A feasibility study is more comprehensive, and with a higher degree of accuracy, than a pre-feasibility study. It must contain mining, infrastructure, and process designs completed with sufficient rigour to serve as the basis for an investment decision or to support project financing. The confidence level in the results of a feasibility study is higher than the confidence level in the results of a pre-feasibility study. Terms such as full, final, comprehensive, bankable, or definitive feasibility study are equivalent to a feasibility study.



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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 or Gold production: Refined gold in a saleable form derived from the mining process.
Grade: The quantity of ore contained within a unit weight of mineralised material generally expressed in grams per metric tonne (g/t) or ounce per short tonne for gold bearing material or Percentage copper (%Cu) for copper bearing material.
Greenschist: A schistose metamorphic rock whose green colour is due to the presence of chlorite, epidote or actinolite.
Indicated Mineral Resource: An Indicated Mineral Resource is that part of a Mineral Resource for which quantity and grade or quality are estimated on the basis of adequate geological evidence and sampling. The level of geological certainty associated with an Indicated Mineral Resource is sufficient to allow a Qualified Person to apply modifying factors in sufficient detail to support mine planning and evaluation of the economic viability of the deposit. Because an Indicated Mineral Resource has a lower level of confidence than the level of confidence of a Measured Mineral Resource, an Indicated Mineral Resource may only be converted to a Probable Mineral Reserve.
Inferred Mineral Resource: An Inferred Mineral Resource is that part of a Mineral Resource for which quantity and grade or quality are estimated on the basis of limited geological evidence and sampling. The level of geological uncertainty associated with an Inferred Mineral Resource is too high to apply relevant technical and economic factors likely to influence the prospects of economic extraction in a manner useful for evaluation of economic viability. Because an Inferred Mineral Resource has the lowest level of geological confidence of all Mineral Resource, which prevents the application of the modifying factors in a manner useful for evaluation of economic viability, an Inferred Mineral Resource may not be considered when assessing the economic viability of a mining project, and may not be converted to a Mineral Reserve.
Initial assessment (also known as concept study, scoping study, conceptual study and preliminary economic assessment): An initial assessmentis a preliminary technical and economic study of the economic potential of all or parts of mineralisation to support the disclosure of Mineral Resource. The initial assessment must be prepared by a Qualified Person and must include appropriate assessments of reasonably assumed technical and economic factors, together with any other relevant operational factors, that are necessary to demonstrate at the time of reporting that there are reasonable prospects for economic extraction. An initial assessment is required for disclosure of Mineral Resource but cannot be used as the basis for disclosure of Mineral Reserve.
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.
Measured Mineral Resource:A Measured Mineral Resource is that part of a Mineral Resource for which quantity and grade or quality are estimated on the basis of conclusive geological evidence and sampling. The level of geological certainty associated with a Measured Mineral Resource is sufficient to allow a Qualified Person to apply modifying factors, as defined in this section, in sufficient detail to support detailed mine planning and final evaluation of the economic viability of the deposit. Because a Measured Mineral Resource has a higher level of confidence than the level of confidence of either an Indicated Mineral Resource or an Inferred Mineral Resource, a Measured Mineral Resource may be converted to a Proven Mineral Reserve or to a Probable Mineral Reserve.
Metallurgical plant: A processing plant constructed to treat ore and extract gold or copper in the case of Quebradona (and, in some cases, valuable by-products).
Metallurgical recovery factor (MetRF): A measure of the efficiency in extracting gold from the ore.
Milling: A process of reducing broken ore to a size at which concentrating or leaching can be undertaken (see also “Comminution”).
Mine call factor (MCF): 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.
Mineralisation:The process or processes by which a mineral or minerals are introduced into rock, resulting in a potentially valuable deposit.
Mining recovery factor (MRF): This factor reflects a mining efficiency factor relating to the recovery of material during the mining process and is the variance between the tonnes called for in the mining design and what the plant receives. It is expressed in both a grade and tonnage number.



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Mineral Reserve: A Mineral Reserve is an estimate of tonnage and grade or quality of Indicated and Measured Mineral Resource that, in the opinion of the Qualified Person, can be the basis of an economically viable project. More specifically, it is the economically mineable part of a Measured or Indicated Mineral Resource, which includes diluting materials and allowances for losses that may occur when the material is mined or extracted.
Mineral Resource: A Mineral Resource is a concentration or occurrence of material of economic interest in or on the Earth's crust in such form, grade or quality, and quantity that there are reasonable prospects for economic extraction. A Mineral Resource is a reasonable estimate of mineralisation, taking into account relevant factors such as cut-off grade, likely mining dimensions, location or continuity, that, with the assumed and justifiable technical and economic conditions, is likely to, in whole or in part, become economically extractable. It is not merely an inventory of all mineralisation drilled or sampled.
Modifying Factors: Modifying factors are the factors that a Qualified Person must apply to Indicated and Measured Mineral Resource and then evaluate in order to establish the economic viability of Mineral Reserve. A Qualified Person must apply and evaluate modifying factors to convert Measured and Indicated Mineral Resource to Proven and Probable Mineral Reserve. These factors include, but are not restricted to: mining; processing; metallurgical; infrastructure; economic; marketing; legal; environmental compliance; plans, negotiations, or agreements with local individuals or groups; and governmental factors. The number, type and specific characteristics of the modifying factors applied will necessarily be a function of and depend upon the mineral, mine, property, or project.
Open pit mining: An excavation made at the surface of the ground for the purpose of extracting minerals, inorganic and organic, from their natural deposits, which excavation is open to the surface.
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, Mineral 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.
Preliminary feasibility study (pre-feasibility study): is a comprehensive study of a range of options for the technical and economic viability of a mineral project that has advanced to a stage where a Qualified Person has determined (in the case of underground mining) a preferred mining method, or (in the case of surface mining) a pit configuration, and in all cases has determined an effective method of mineral processing and an effective plan to sell the product. A pre-feasibility study includes a financial analysis based on reasonable assumptions, based on appropriate testing, about the modifying factors and the evaluation of any other relevant factors that are sufficient for a Qualified Person to determine if all or part of the Indicated and Measured Mineral Resource may be converted to Mineral Reserve at the time of reporting. The financial analysis must have the level of detail necessary to demonstrate, at the time of reporting, that extraction is economically viable. A pre-feasibility study is less comprehensive and results in a lower confidence level than a feasibility study. A pre-feasibility study is more comprehensive and results in a higher confidence level than an initial assessment.
Probable Mineral Reserve: A Probable Mineral Reserve is the economically mineable part of an Indicated and, in some cases, a Measured Mineral Resource.
Production stage property: A production stage property is a property with material extraction of Mineral Reserve.
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.
Proven Mineral Reserve: A Proven Mineral Reserve is the economically mineable part of a Measured Mineral Resource and can only result from conversion of a Measured Mineral Resource.
Qualified Person: A Qualified Person, in respect of the Company's material properties, is an individual who is (1) a mineral industry professional with at least five years of relevant experience in the type of mineralisation and type of deposit under consideration and in the specific type of activity that person is undertaking on behalf of the registrant; and (2) an eligible member or licensee in good standing of a recognised professional organisation at the time the technical report is prepared. Regulation S-K 1300 details further recognised professional organisations and also relevant experience.
Quartz: A hard mineral consisting of silica dioxide found widely in all rocks.
Recovered grade: The recovered mineral content per unit of ore treated.
Reef: A gold-bearing horizon, sometimes a conglomerate band, that may contain economic levels of gold. Reef can also be any significant or thick gold bearing quartz vein.
Refining: The final purification process of a metal or mineral.
Regulation S-K 1300: In October 2018, the SEC adopted Subpart 1300 (17 CFR § 229.1300) of Regulation S-K, along with amendments to related rules and guidance, in order to modernise the property disclosure requirements for mining registrants under the Securities Act and the Securities Exchange Act.



14

Table of Contents

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 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 issues. 
Resource modification factor (RMF): This factor is applied when there is an historic reconciliation discrepancy in the Mineral Resource model (e.g. between the Mineral Resource model tonnage and the grade control model tonnage). It is expressed in both a grade and tonnage number.
Scats: Within the metallurgical plants, scats is a term used to describe ejected ore or other uncrushable / grinding media arising from the milling process. This, typically oversize material (ore), is ejected from the mill and stockpiled or re-crushed via a scats retreatment circuit. Retreatment of scats is aimed at fracturing the material such that it can be returned to the mills and processed as with the other ores to recover the gold locked up within this oversize material.
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.
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.
Tonne: Used in metric statistics. Equal to 1,000 kilograms.
Total recordable injury frequency rate (TRIFR): The total number of recordable injuries and fatalities that occurs per million hours worked.
Underground mining: The extraction of rocks, minerals and industrial materials, other than coal, oil and gas, from the earth by developing entries or shafts from the surface to the seam or deposit before recovering the product by underground extraction methods.
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 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.



15

Table of Contents

Abbreviations

%CuPercentage copper
A2XA2X Markets
AAILAngloGold Ashanti (Iduapriem) Limited
AARLAnglo American Research Laboratories
ACAircore drilling
ADRAmerican Depositary Receipt
ADSAmerican Depositary Share
AFIPArgentinean Tax Authority
AgSilver
AGACAngloGold Ashanti Colombia S.A.S.
AGAGAngloGold Ashanti (Ghana) Limited
AGAHAngloGold Ashanti Holdings plc
AGMAnnual General Meeting
AIFRAll injuryAll-injury frequency rate
AISCAll-in sustaining costs
ANLAColombian National Environmental Licencing Authority
ANMBrazilian National Mining Agency
ASXAustralian Securities Exchange
AuContained goldGold
BBBEEAusIMMThe Australasian Institute of Mining and Metallurgy
B-BBEEBroad-Based Black Economic Empowerment
BBSYBank Bill Swap Bid Rate
BEEBlack Economic Empowerment
BIFBanded iron formation
BIOXBacterial oxidation
BLMUnited States Federal Bureau of Land Management
BMRRState of Nevada Division of Environmental Protection’s Bureau of Mining Regulation and Reclamation
bnBillion
CCDCounter Current Decant system in thickeners
CDIChess Depositary Interests
CdSCórrego do Sítio
CEOChief Executive Officer
CFOChief Financial Officer
CHESSClearing House Electronic Settlement System
Companies ActCILCarbon-in-leach
CIPCarbon-in-pulp
Coeur SterlingCoeur Sterling, Inc.
Corvus GoldCorvus Gold Inc.
COSOCommittee of Sponsoring Organisations of the Treadway Commission
CPIConsumer Prices index
CSDCentral Securities Depository
CTCContributed tax capital
CuCopper
CVSACerro Vanguardia S.A.
CyanisorbCyanide Recovery Plant
DDDiamond drilling
DEIDeclaration of Environmental Impact
D&IDiversity and Inclusion
DIANColombian Tax Office
DMRESouth African CompaniesDepartment of Mineral Resources and Energy
Dodd-Frank Act No. 71United States Dodd-Frank Wall Street Reform and Consumer Protection Act of 2008,2010, as amended
DRCDemocratic Republic of the Congo
DSPDeferred Share Plan
EHSEnvironmental, health and safety
EIAEnvironmental Impact Assessment
EPSEnhanced Production Scheduler
ERPEnterprise resource planning



16

Table of Contents

ESGEnvironmental, social and governance
EUEuropean Union
EVP/COOExecutive Vice President/Chief Operating Officer
Exchange ActUnited States Securities Exchange Act of 1934, as amended
ExComExecutive Committee
EYErnst & Young Inc.
E4VExploring for value
FCAUK Financial Conduct Authority
FMAArgentinean Federal Mining Agreement
FMSHRCUnited States Federal Mine Safety and Health Review Commission
FPFull Asset Potential Programme
FSFeasibility Study
FTSEFinancial Times Stock Exchange
FVTOCIFair value through other comprehensive income
FVTPLFair value through profit or loss
G or gGrams
g/tGrams per metric tonne
GCLGramalote Colombia Limited
GDPREU General Data Protection Regulation
GFWGalinheiro Footwall
GGBGeita Greenstone Belt
GGMGeita Gold Mine
GGMLGeita Gold Mine Limited
GhDSGhanaian Depositary Share
GHGGreenhouse gas
GhSEGhana Stock Exchange
GISTMGlobal Industry Standard on Tailings Management
GJGigajoule
Gold FieldsGold Fields Limited
GRIGlobal Reporting Initiative
GRIDCoGhana Grid Company Limited
HDSAHistorically disadvantaged South Africans
HMEHeavy mobile equipment
IASBInternational Accounting Standards Board
ICEIntercontinental Exchange
ICMMInternational Council on Mining & Metals
IFRSInternational Financial Reporting Standards as issued by the IASB
JIBARIIRCJohannesburg Interbank Agreed RateInternational Integrated Reporting Council
IMFInternational Monetary Fund
IRSUnited States Internal Revenue Services
iSIMSIntegrated Sustainability Information Management System
ITInformation technology
JORCAustralasian Code for Reporting Exploration Results, Mineral Resources and Ore Reserves
JSEJSE Limited (Johannesburg Stock Exchange)
JVJoint venture
KCDKaragba, Chauffeur and Durba
King III and IVThe King Report on Corporate Governance for South Africa, 2016
Kg or kgKilograms
Km or kmKilometres
Km2
Square kilometres
KozThousand ounces
LBMALondon Bullion Market Association
LHOSLong Hole Open Stoping
LIBORLondon Interbank Offer Rate
LOMLife of mine
LOSLongitudinal Open Stoping
LRSLongitudinal Retreat Stoping
LUCLocalised Uniform Conditioning



17

Table of Contents

M or mMetre or million, depending on the context
MlbsMBCMining and Building Contractors Limited
MCFMine call factor
MCQMinera de Cobre Quebradona S.A.S. B.I.C.
MEMTanzanian Ministry of Minerals
MetRFMetallurgical recovery factor
Mine ActUnited States Federal Mine Safety and Health Act of 1977, as amended
MlbMillion pounds
MMEBrazilian Ministry of Mines and Energy
MoMolybdenum
MoIMemorandum of Incorporation
MozMillion ounces
MtMPRDAMillion tonnes or tonsSouth African Mineral and Petroleum Resources Development Act, No. 28 of 2002
MPRDAASouth African Mineral and Petroleum Resources Development Amendment Act, No. 49 of 2008
MRFMining recovery factor
mRLMetres relative level
MSGMineração Serra Grande S.A.
MSHAUnited States Department of Labor's Mine Safety and Health Administration
MSODatamine Mineable Shape Optimiser
MSRMinimum Shareholding Requirement
MtpaMillion tonnes/tonstonnes per annum
NEDNon-Executive Director
NEMASouth African National Environmental Management Act, No. 107 of 1998, as amended
NGERAustralian National Greenhouse and Energy Reporting
NGONon-governmental organisation
NHILGhanaian National Health Insurance Levy
NIHLNoise-induced hearing loss
NSRNet Smelter Return
NYSENew York Stock Exchange
OLDOccupational lung diseases
OTCOver-The-Counter
Oz or ozOunces (troy)
oz/tOunces per tontonne
oz/TECPASEAOunces per total employee costedPTP (AGAG) Smoke Effect Association
PCAOBUnited States Public Company Accounting Oversight Board
PFICPassive foreign investment company
PMMCPrecious Minerals Marketing Company Ltd
POPIASouth African Protection of Personal Information Act, No. 4 of 2013
PTPPompora Treatment Plant
PwCPricewaterhouseCoopers Inc.
QKNAQuantitative Kriging Neighbourhood Analysis
RCReverse circulation
RemcoRemuneration and Human Resources Committee
RMFResource modification factor
ROMRun of mine
RRSCMineral Resource and Mineral Reserve Steering Committee
SSulphur
SA Companies ActSouth African Companies Act, No. 71 of 2008, as amended
SACNASPSouth African Council for Natural Scientific Professions
SAGSociété AngloGold Ashanti de Guinée S.A.
SAG millsSemi-Autogenous Grinding mills
SA Income Tax ActSouth African Income Tax Act, No. 58 of 1962, as amended
SAMRECSouth African Code for the Reporting of Exploration Results, Mineral Resources and Mineral Reserves 2016 edition
SARBSouth African Reserve Bank
SARSSouth African Revenue Service
SASBSustainability Accounting Standards Board
SCBStandard Chartered Bank Ghana PLC
SECUnited States Securities and Exchange Commission



18

Table of Contents

Securities ActUnited States Securities Act of 1933, as amended
SMSShort messaging system
SMUSelective mining unit
SOFRSecured Overnight Financing Rate
SOKIMOSociété Minière de Kilo-Moto S.A.
SOXUnited States Sarbanes-Oxley Act of 2002, as amended
STTSecurities transfer tax
SWNVFSouthwestern Nevada volcanic field
T or tTons (short) or tonnesTonnes (metric)
TANESCOTanzania Electric Supply Company Limited
TOSTransverse Open Stoping
Tpa or tpaTonnes/tonsTonnes per annum
TRATanzanian Revenue Authority
TRIFRTotal recordable injury frequency rate
TSFTailings storage facility
UCUniform Conditioning
UNCITRALUnited Nations Commission on International Trade Law
UNECAUnited Nations Economic Commission for Africa
UNGCUnited Nations Global Compact
UNGPUnited Nations Guiding Principles for Business and Human Rights
UNSDGsUnited Nations Sustainable Development Goals
US/U.S./USA/United StatesUnited States of America
US/SA Double Taxation 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
UTMUniversal Transverse Mercator
VATValue added tax
VPSHRVoluntary Principles on Security and Human Rights
WGCWorld Gold Council
XBRLeXtensible Business Reporting Language (including in-line XBRL, i-XBRL)



Note: Rounding of figures in this annual report on Form 20-F may result in computational discrepancies.




19

Table of Contents

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.    [Reserved]

3A.SELECTED FINANCIAL DATA


The selected financial information set forth below for the years ended and as at 31 December 2019, 2018 and 2017 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 2016 and 2015 has been derived from the IFRS financial statements not included in this annual report.








3B.    CAPITALISATION AND INDEBTEDNESS
  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.


 As at 31 December
 2019
 2018
 2017
 2016
 2015
 $
 $
 $
 $
 $
 (in millions, except share and per share amounts)
Consolidated balance sheet data         
ASSETS         
Non-current assets         
Tangible assets2,592
 3,381
 3,742
 4,111
 4,058
Right of use assets158
 
 
 
 
Intangible assets123
 123
 138
 145
 161
Investments in associates and joint ventures1,581
 1,528
 1,507
 1,448
 1,465
Other investments76
 141
 131
 125
 91
Inventories93
 106
 100
 84
 90
Trade, other receivables and other assets122
 102
 67
 34
 13
Deferred taxation105
 
 4
 4
 1
Cash restricted for use31
 35
 37
 36
 37
Other non-current assets
 
 
 
 18
 4,881
 5,416
 5,726
 5,987
 5,934
Current assets         
Other investments10
 6
 7
 5
 1
Inventories632
 652
 683
 672
 646
Trade, other receivables and other assets250
 209
 222
 255
 196
Cash restricted for use33
 31
 28
 19
 23
Cash and cash equivalents456
 329
 205
 215
 484
 1,381
 1,227
 1,145
 1,166
 1,350
Assets held for sale601
 
 348
 
 
 1,982
 1,227
 1,493
 1,166
 1,350
Total assets6,863
 6,643
 7,219
 7,153
 7,284
EQUITY AND LIABILITIES         
Share capital and premium7,199
 7,171
 7,134
 7,108
 7,066
Accumulated losses and other reserves(4,559) (4,519) (4,471) (4,393) (4,636)
Shareholders’ equity2,640
 2,652
 2,663
 2,715
 2,430
Non-controlling interests36
 42
 41
 39
 37
Total equity2,676
 2,694
 2,704
 2,754
 2,467
Non-current liabilities         
Borrowings1,299
 1,911
 2,230
 2,144
 2,637
Lease liabilities126
 
 
 
 
Environmental rehabilitation and other provisions697
 827
 942
 877
 847
Provision for pension and post-retirement benefits100
 100
 122
 118
 107
Trade, other payables and provisions15
 3
 3
 4
 5
Deferred taxation241
 315
 363
 496
 514
 2,478
 3,156
 3,660
 3,639
 4,110
Current liabilities         
Borrowings734
 139
 38
 34
 100
Lease liabilities45
 
 
 
 
Trade, other payables and provisions586
 594
 638
 615
 516
Taxation72
 60
 53
 111
 91
 1,437
 793
 729
 760
 707
Liabilities held for sale272
 
 126
 
 
 1,709
 793
 855
 760
 707
Total liabilities4,187
 3,949
 4,515
 4,399
 4,817
Total equity and liabilities6,863
 6,643
 7,219
 7,153
 7,284
Number of ordinary shares as adjusted to reflect changes in share capital415,301,215
 412,769,980
 410,054,615
 408,223,760
 405,265,315
Share capital (exclusive of long-term debt and redeemable preference shares)17
 16
 16
 16
 16
Net assets2,676
 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)
2019
 2018
 2017
 2016
 2015
South African cents per ordinary share95
 70
 130
 
 
          
US cents per ordinary share(2)
7
 6
 10
 
 

(1)
Since 2017, the dividend policy allows the company's Board of Directors, 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.
(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.

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



3B.CAPITALISATION AND INDEBTEDNESS


Not applicable.










3C.REASONS FOR THE OFFER AND USE OF PROCEEDS

3C.    REASONS FOR THE OFFER AND USE OF PROCEEDS

Not applicable.













20

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’sGroup’s business, operational and financial results and the price of its securities.


SUMMARY OF RISK FACTORS

1.    Risks Related to AngloGold Ashanti’s Industry

AngloGold Ashanti is increasingly expected to operate in a sustainable manner and to provide benefits and mitigate adverse impacts to affected communities. Failure to do so can result in legal suits, additional costs to address social or environmental impacts of operations, investor divestment, adverse reputational impacts and loss of “social licence to operate”, and could adversely impact AngloGold Ashanti’s financial condition.
AngloGold Ashanti is subject to many risks related to AngloGold Ashanti’sthe development of existing and new mining projects that may adversely affect its results of operations and financial condition as aprofitability.
AngloGold Ashanti is subject to extensive and rapidly changing environmental, health and safety laws and regulations. Failure to comply with these requirements could result in enforcement proceedings, claims, suspension of factorsoperations, community protest and/or additional capital or operating expenditures 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, silver and sulphuric acid.  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;
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 2019, the market spot gold price traded from a low of $1,270.20 per ounce to a high of $1,552.35 per ounce, remaining well below a peak of $1,900 per ounce in September 2011. Between 1 January 2020 and 19 March 2020, the market spot gold price traded between a low of $1,469.80 per ounce and a high of $1,679.60 per ounce. On 19 March 2020 the afternoon price for gold on the London Bullion Market was $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.

Any sharp or prolonged fluctuations in the price of gold can have a material adverse impact on the company’s profitability and financial condition.

In 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 or reputation.
Compliance with tailings management requirements and resultsstandards, and potential liabilities in the event of operations.

Events that affect the supply and demand of gold, such as government intervention, may havea failure to timely comply with these requirements or an impact on the price of 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”. These and similar policies in India, China or other large gold-importing countriesincident involving a tailings storage facility, could adversely affect demand for, and consequently prices of, gold and, as a result, may adversely affectimpact AngloGold Ashanti’s financial condition, and results of operations.operations and reputation.

Furthermore, the shiftAngloGold Ashanti’s ability to replace Mineral Reserve is subject to uncertainty and risks inherent in demand from physical gold to gold-related investmentsexploration, technical 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 2015economic pre-feasibility and conducted several follow-on offerings in 2016. Thisfeasibility studies and other project evaluation activities as well as competition within the industry for attractive mining properties.
Mining is inherently hazardous and the related risks of events that cause disruptions to AngloGold Ashanti’s mining operations may adversely impact the environment or the health, safety or security of our workers or the local community, production, cash flows and overall profitability.
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 extended lead times to deliver, strategic spares, critical consumables, mining equipment or metallurgical plant.
AngloGold Ashanti’s operations are vulnerable to infrastructure constraints.
AngloGold Ashanti faces strong competition and industry consolidation.

2.    Risks Related to AngloGold Ashanti’s Operations and Business

AngloGold Ashanti’s mineral deposits, Mineral 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.
The prevalence of occupational health diseases and other diseases and the Indian government contributed to a 22 percent decline in gold jewellery demand in India between 2015potential costs and 2016. Slower consumption of physical gold in India, resulting from a move toward gold-tracking investments or otherwise,liabilities related thereto may have an adverse impacteffect on global demand for,the business and pricesresults of gold.operations of AngloGold Ashanti.

AngloGold Ashanti’s inability to retain its senior management may have an adverse effect on its business.
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 competes with mining and other companies for key human resources with critical skills and its inability to alterretain key personnel could have an adverse effect on 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 goldbusiness.
Increased labour costs could also have a material adverse effect on AngloGold Ashanti’s financial condition and 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 increased mining costs.
AngloGold Ashanti’s Mineral Reserve, deposits and mining operations are located in countries that face instability, public health 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.
Labour unrest, activism and disruptions (including protracted stoppages) could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition.
Artisanal and illegal mining occurs on AngloGold Ashanti’s properties, which can disrupt the Company’s business, have adverse environmental, health, safety and security impacts, and expose the Company to liability.
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.
Title to AngloGold Ashanti’s properties may be unable to quickly adjust its cost structure to reflect the reduced gold price environment.  Mines with marginal headroom may beuncertain and subject to decreaseschallenge.





21


3.    Risks Related to AngloGold Ashanti’s Corporate and Financing Structure and Strategy

AngloGold Ashanti expects to have significant financing requirements.
Sales of large quantities of AngloGold Ashanti’s ordinary shares and American Depositary Shares (“ADSs”), or 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.
AngloGold Ashanti may not pay dividends or make similar payments to shareholders in value that are not temporary, which may result in impairment losses. See “-Certainthe future.
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”. 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, significant.
AngloGold Ashanti is obliged to meet certain financial covenants under the termsdoes not have full management control over some of its borrowing facilitiessignificant joint ventures and its ability to continue to meetother projects. If the operators of these covenantsjoint ventures or projects do not manage these effectively and efficiently, the Company’s investment in these joint ventures or projects could be adversely affected by a further sustained decrease inand its reputation could be harmed.
Any downgrade of credit ratings assigned to AngloGold Ashanti’s debt securities could increase future interest costs and adversely affect the priceavailability of gold.  new financing.
The uselevel of lower gold prices in Ore Reserve estimatesAngloGold Ashanti’s indebtedness could adversely impact its business.
Any acquisition or acquisitions that AngloGold Ashanti may complete may expose the Company to new geographic, political, legal, social, operating, financial and lifegeological risks.
The occurrence of mine plans could also result in material impairments of the company’s investment in mining propertiesevents for which AngloGold Ashanti is not insured or a reduction infor which its Ore Reserve estimatesinsurance is inadequate may adversely affect cash flows and corresponding restatements of its Ore Reserve and increased amortisation, reclamation and closure charges.overall profitability.


4.    Market Risks

The price of silver has also experienced significantgold, AngloGold Ashanti’s principal product, and other commodity market price fluctuations in past years.  During 2019,could adversely affect the price varied between a lowprofitability of $14.35 per ounce and a high of $19.57 per ounce. On 19 March 2020, the price of silver was $12.11 per ounce.operations.

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, 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.

Exchange rate movements may have a material impact on AngloGold Ashanti’s operating results.  For example, based on average exchange rates received in 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 $17 million and $4 per 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 consumedFluctuations in mining operations form a relatively large partthe exchange rate of currencies may reduce the operating costs and capital expendituremarket value of AngloGold Ashanti’s securities, as well as the market value of any mining company.dividends or distributions paid by the Company.

Global political and economic conditions could adversely affect the profitability of operations.
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 $61 per barrel of Brent Crude in 2019. As of 19 March 2020, the price of oil was at $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 $2 million and $0.6 per ounce, respectively. The cost of sales and total cash costs per ounce of certain of the company’s mines, particularly Siguiri, Geita, Tropicana and Iduapriem 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 of new levies.

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 2020, the price of flat hot rolled coil (North American Domestic FOB) was $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’sAngloGold Ashanti’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, electricity is supplied by Eskom, a state-owned power generation company. 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 the past decade, Eskom introduced on several occasions a schedule of rolling blackouts, or “load shedding”. For example, at the end of 2018, Eskom was forced to implement load shedding due to a combination of factors including plant breakdowns and urgent plant maintenance. A high degree of load shedding has 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 the company’s South African 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. As energy represents a large proportion of the company's operating costs in South Africa, 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 the company's South African operations.

In Ghana and Brazil, the company has also identified a risk of energy shortages. The company’s mining operations in Ghana depend on hydro and thermal power supplied by a state-controlled national grid operator. In 2014, the company experienced extended power interruptions in Ghana. Although the situation has improved since then, the grid is still subject to disturbances and voltage

fluctuations during periods of limited electricity availability, which can damage equipment. 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.

Certain of our mining operations depend on supplies of fuel delivered by road which have been disrupted in the past and may be disrupted again in the future. Any such disruptions could negatively impact operating costs and cashflows 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 withdrawal of the United Kingdom from the EU on 31 January 2020 and the uncertainty around any subsequent negotiations and the resulting terms of any new economic and security relationship, including trade arrangements, between the EU and 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.

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, Moody’s and Fitch, respectively. See “-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”.

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. Any economic 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 factors 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;
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.


Many5.    Other Regulatory and Legal Risks

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 is subject to the risk of litigation, the causes and costs of which are uncertain.
Compliance with “conflict minerals” and “responsible gold” legislation and standards could result in significant costs.
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 insubject to various climate change-related physical risks which the company operates may adversely impact its production activities, mine sites and personnel and/or result in an increaseresource shortages or environmental damages.
Compliance with emerging climate change-related requirements, including stricter regulations and the potential imposition of carbon taxes or GHG emissions cap-and-trading schemes or the elimination of related subsidies, that are expected to be part of a country's participation 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 havetransition to 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,lower-carbon economy, could result in significant additional costs and expose AngloGold Ashanti to additional liabilities.
Increasing scrutiny and changing expectations from AngloGold Ashanti’s stakeholders, including communities, governments and NGOs as well as investors, lenders and other market participants, with respect to AngloGold Ashanti’s Environmental, Social and Governance (“ESG”) performance and policies may impact AngloGold Ashanti’s reputation, result in additional costs to meet the rationalisation (including closure)expectations of higher cost minesstakeholders, hinder access to capital or projects. Furthermore, when inflation reaches highly inflationary levels inexpose AngloGold Ashanti to additional risks, including disinvestment and litigation.

a country in which the company operates, social unrest and union activity may increase, which in turnAngloGold 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.
Breaches in cybersecurity and violations of data protection laws may adversely impact or disrupt AngloGold Ashanti’s operational costs and results of operation in that country.business.

Of particular concern is the inflation rate in Argentina which increased from an average of ten percent in 2012U.S. securities laws do not require AngloGold Ashanti to 40.5 percent in 2016. Inflation in Argentina was recorded at 24.8 percent in 2017 and rosedisclose as much information 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 statementsinvestors as our local Argentinian subsidiary is deemed to have a U.S. dollar functional currency.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.




Mining companies are subject




22


Risks Related 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 costs of such 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.Industry

Some of the risks inherent in the development and construction of a new mine or the extension of an existing 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 and approvals; and
availability of funds to finance construction, development and environmental rehabilitation activities.

The remote location of many mining properties, delays in obtaining 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.

For example, AngloGold Ashanti may prove unable to successfully develop the La Colosa and Gramalote projects, or the Nuevo Chaquiro deposit that is part of the Quebradona project in Colombia, as well as other potential exploration sites due 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, the inability of any such project to meet AngloGold Ashanti’s investment hurdle rate, and delays 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”.

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 even be loss-making. 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 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, following completion of enhanced prefeasibility studies, AngloGold Ashanti announced the maiden Ore Reserve for the Quebradona project in February 2019. No assurance can be given that Ore Reserve estimates or other estimates are accurate or that the indicated levels of gold, copper 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 estimates 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 are subject to the risk of disruptions to their operations, which may adversely impact cash flows and overall profitability.

Gold mining operations 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, including the activities of artisanal or illegal miners;
surface or underground fires or explosions;
labour force disputes and disruptions;
loss of information integrity or data;
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 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;

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.

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. Seismic 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, in South Africa, Mponeng experienced during 2019 a production loss of approximately 5,700m2 due to rock burst damages and other internal seismic procedural stoppages. Furthermore, on 5 March 2020, a seismic event at Mponeng resulted in three fatalities and, on 16 March 2020, another fatality occurred as the result of a tramming accident. As a result, operations in the affected areas at Mponeng have been suspended pending the outcome of investigations relating to 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 which may adversely affect AngloGold Ashanti’s business, results of operations and financial condition.


Mining companies face strong 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 or 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 sell specific mining assets increasing the availability of such assets in the market.

An excess of mining assets available for sale could have a material adverse impact on any of the company’s contemplated asset sales and could result in sales processes taking longer to complete or not completing at all or not realizing the full value of the assets being disposed of. Such developments could have a material adverse effect on the company’s business, operating results and financial condition.


Mining companies are increasingly expected to operate in a sustainable manner and to provide benefits and mitigate adverse impacts to affected communities. Failure to do so can result in legal suits, additional costs to address social or environmental impacts of operations, investor divestment, adverse reputational impacts and loss of “social licence to operate”, and could adversely impact AngloGold Ashanti'sAshanti’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 businessesMining companies are under increasing 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 ontargeted towards companies whose activities are perceived to have, or have, a high impact on their social and physical environment. Social media and other web-based tools to share user-generated content further increases the potential scope and force of public scrutiny. Adverse publicity in cases where companies are believed notperceived as failing to be creatingcreate sufficient social and economic benefit may result in reputational damage, active community opposition, allegations of human rights abuses, legal suits and investor withdrawal.divestment.


Mining operations are often located at or near existing towns and villages, natural waterways and other infrastructure or natural resources. As the impacts of dust generation, waste storage, water pollution or water shortages may be 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 a 2017 popular consultation in the Colombian municipality of Cajamarca in the Tolima department, which hosts the company’sCompany’s La Colosa exploration site, AngloGold Ashanti’s management has suspended much of the current fieldwork around the project until the related environmental permits are granted and there is more certainty about mining activity in Colombia.granted. Similarly, in the Colombian town of Piedras in the Tolima department, which is not located in the immediate vicinity of the La Colosa exploration site, AngloGold Ashanti is also contestingcontested a 2013 popular consultation which attempted to ban all mining activities in the area. Subsequently, the Colombian Constitutional Court has decided that local municipalities or regions do not have authority to veto mining activities through popular consultations. See “ItemItem 8A: Legal Proceedings-Colombia”Proceedings—Colombia. If AngloGold Ashanti is unsuccessful in challenging these popular consultations,securing community support for its projects, or groups opposed to mining successfully pursue similar or other legal mechanisms to attempt to block exploration or extraction activities, there could be an adverse impact on AngloGold Ashanti’s reputation, its ability to develop its mining concessions, and its results of operations and financial condition.


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)(“NGOs”), community groups and institutional investors, have raisedcould raise concerns and in the case of some individuals in Obuasi, threatenedeven threaten or commencedcommence litigation relating to air pollution or surface and groundwater quality, amongstamong other issues, in the area surrounding the company’s Obuasi and IduapriemCompany’s 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.or exploration sites. See “Item 8A: Legal Proceedings”.


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 companyCompany 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 at Siguiri in Guinea. 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. Where consultation with stakeholders is statutorily or otherwise mandated and relations do not remain amicable, disputes may lead to reduced access to properties or delays in operations.



Mining companies areAngloGold Ashanti is subject to many risks related to the development of existing and new mining projects that may adversely affect its results of operations and profitability.

Development of AngloGold Ashanti’s existing and new mining projects may be subject to unexpected problems, costs and delays that could impact the Company’s ability to develop or operate the relevant project as planned. For example, constraints on the supply of mining and processing equipment, increases in capital and operating costs, or reduced availability of consistent skilled labour, utilities, transportation and/or appropriate smelting and refining arrangements could result in delays in completing projects.

AngloGold Ashanti may prove unable to successfully operate existing mine sites or to develop potential exploration sites due to, for example, social and community opposition, litigation and governmental regulatory or administrative proceedings, changes in
applicable regulations or other requirements, the classification of land covered by mining titles as an environmentally-protected area, ore body grades, the inability of any such project to meet AngloGold Ashanti’s investment hurdle rate, and delays that could



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result in the expiry of permits. See “—AngloGold Ashanti is subject to extensive and rapidly changing environmental, health and safety laws and regulations. Failure to comply with these requirements could result in enforcement proceedings, claims, suspension of operations, community protest and/or additional capital or operating expenditures that could adversely impact AngloGold Ashanti’s financial condition or reputation”. The remote location of many mining properties, delays in obtaining or failure to obtain necessary environmental and other governmental permits and approvals, the impact of public health crises, epidemics or pandemics (including the COVID-19 pandemic) 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. For example, in December 2019, AngloGold Ashanti applied for the required environmental authorisations to develop the Quebradona project in Colombia. On 4 November 2021, the National Environmental Licensing Authority of Colombia (Autoridad Nacional de Licencias Ambientales or “ANLA”) officially notified AngloGold Ashanti of its decision to ‘archive’ the environmental licence application relating to the Quebradona project. ANLA has neither denied nor granted the licence, but deemed that the information provided by AngloGold Ashanti is not sufficient for this authority to make a substantive decision. On 18 November 2021, AngloGold Ashanti appealed the archiving decision in order to secure further details on the specific additional information ANLA requires to make a determination. ANLA denied the appeal on 29 April 2022 and the archiving decision was confirmed. AngloGold Ashanti is in the process of preparing a new Environmental Impact Assessment for the project to submit to ANLA in connection with its environmental licence application.


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 even be loss-making. 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.

AngloGold Ashanti is subject to extensive and rapidly changing environmental, health and safety laws and regulations. Failure to comply with these requirements could result in enforcement proceedings, claims, suspension of operations, community protest and/or additional capital or operating expenditures that could adversely impact AngloGold Ashanti’s financial condition or reputation.

AngloGold Ashanti’s operations are subject to extensive and rapidly changing environmental, health and safety laws and regulations in the various jurisdictions in which it operates. These regulations, as well as international standards for the industry, establish limits and conditions on the company’sCompany’s ability to conduct its operations and govern, amongstamong other things, extraction, use and conservation of water resources; air emissions (including dust control); mine and dam safety; 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.subject, including with respect to tailings management and TSFs. See “—Compliance with tailings management requirements and standards, and potential liabilities in the event of a failure to timely comply with these requirements or an incident involving a tailings storage facility, could adversely impact AngloGold Ashanti’s financial condition, results of operations and reputation. 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’sCompany’s results of operations and financial condition could be adversely affected. For example, AngloGold Ashanti expects to incur approximately $25 to $30 million in capital expenditure and operating costs during 2023-2026 in connection with the treatment and disposal of a quantity of legacy arsenic trioxide waste located at the Obuasi mine. AngloGold Ashanti could also 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.

For example, in 2022, AngloGold Ashanti was informed of two incidents involving potentially unauthorised cutting of vegetation, one by a contractor and the other by a subtenant, at the La Colosa project near Cajamarca. The Company promptly notified Cortolima, the regional environmental authority in the Tolima department, as well as the national Environmental Ministry of the incidents. Cortolima has opened a formal environmental investigation. At this time, the Company is not able to determine whether the incidents will result in enforcement action against AngloGold Ashanti, including any civil fines against the Company or criminal sanctions against any individuals involved in the incident or against any AngloGold Ashanti employees. In some of the jurisdictions in which AngloGold Ashanti operates, the government enforces compulsory shutdownsmay enforce a total or partial shutdown of facilities, including TSFs, or operations to enableconduct investigations into the cause of accidents. Certain of the company’s operations have been temporarily suspended for safety reasonsor environmental incidents involving those facilities or at those operations. See “—Compliance with tailings management requirements and standards, and potential liabilities in the past. In South Africa, so-called “Section 54 safety stoppages” have becomeevent of a significant issue asfailure to timely comply with these requirements or an enforcement mechanism used by the Departmentincident involving a tailings storage facility, could adversely impact AngloGold Ashanti’s financial condition, results of Mineral Resourcesoperations and Energy Mining Inspectorate whose inspectors routinely issue such notices. For example, in 2019, 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.

reputation.” AngloGold Ashanti’s reputation could be damaged by any significant governmental investigation or enforcement action for non-compliance with health and safety laws, regulations or standards.Any of these factors could have a material adverse effect on the company’sAngloGold Ashanti’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. For example, in Colombia, AngloGold Ashanti’s core mining concession contracts provide that the Colombian mining authority, having regard to due process, could declare the underlying concession void if the Company repeatedly or continually breaches applicable environmental laws or regulations or engages in acts of corruption or other serious



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misconduct. In the event the concession is voided, AngloGold Ashanti could be required to abandon the relevant project and, depending on the severity of the violations or misconduct, the Colombian mining authority may cancel its other existing mining concession contracts. Pending proposals for new mining concession contracts could also be cancelled and the Company could be banned from doing business with the Colombian government for a period of five years.

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 certain governmental authorities and various associations that represent local communities, brought legal proceedings against AngloGold Ashanti Colombia S.A. (AGAC) alleging that AGAC violated applicablein order to stop exploration, development and mining activities in certain areas, in which its exploration projects are located, due to environmental laws in connectionconcerns. For instance, a consolidated class action with the La Colosa project. In one instance, the Colombian Department of the Environment, Housing and Territorial Development (DoE) issued a fine of $70,000 against the company. Although the amount of the fine is not significant, the repeated 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. In such circumstances, AGAC’s three core concession contracts relatingrespect to the La Colosa project could be cancelled depending on the severity of the violations. As a result, AGAC could be required to abandon the La Colosa project and its other existing mining concession contracts as well as any pending proposals for new mining concession contracts of AGAC. However, this would not affect those of other companies of the AngloGold Ashanti group operating in Colombia. Separately, as part of the La Colosa class action lawsuit, Tolima’s Administrative Court ordered in October 2016 that a technical study be prepared to determine whether the La Colosa project presents a “threat” to the environment during its exploration phase. In December 2017, Ibagué's Third Administrative Court ordered that another similar technical study be prepared for the La Colosa project. AGAC appealed these orders and the matter is currently pending before the Council of State of Colombia (the highest court for administrative matters). with respect to the impact of the project on the environment. If AngloGold Ashanti does not prevail before the Council of State, it may have to perform one or more technical studies in relation to the La Colosa project, which if they were to conclude that a “threat” to the environment exists, could result in the suspension of certain development activities or even the abandonment of the project. See “ItemItem 8A: Legal Proceedings-Colombia”Proceedings—Colombia.


Environmental impacts arising in connection with AngloGold Ashanti'sAshanti’s operations could lead to the imposition of legal obligations, including the remediation of environmental contamination, claims for property damage and personal injury from adjacent communities and restrictions on mining operations. For example, brieftemporary gold processing stoppages after environmental incidents, such as pipeline failures or deficiencies in water management systems, have occurred previously at AngloGold Ashanti'sAshanti’s operations. Leaks or discharges of hazardous materials could result in liabilities for clean-up or personal injury that may not be covered by insurance. The Company has identified groundwater contamination plumes at certain of its operations that have occurred primarily as the result of seepage from surface operations and facilities, including tailings storage facilities and waste rock piles, or from sulphide or other substances in local rock formations which are exposed to water. In addition, closure of a mine could trigger or accelerate regulatory or other obligations, including to conduct environmental rehabilitation activities and/or to address historical impacts on environmental quality in the area surrounding the mine. Costs incurred by the companyAngloGold Ashanti in excess of AngloGold Ashanti’sits 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,In addition, the use of hazardous materials in metallurgical processing remains under continued 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’sCompany’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 or rights to extract water from certain natural sources that govern usage and require, amongstamong other things, that mining operations maintain certain water quality upon discharge. Water supply, quality and usage are areas of concern globally, such asacross all of AngloGold Ashanti’s operations, including with respect to the company’sCompany’s mining operations in Ghana and South Africa andBrazil, its explorationmine development projects in Colombia, where there is significant potential environmental and social impact and a high level of stakeholder scrutiny.Nevada, as well as its mine development project at Quebradona in Colombia. Any failure by the companyAngloGold Ashanti to secure access to suitable water supplies, or achieve and maintain compliance with applicable requirements of the permits or licenses,rights, 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 companyAngloGold Ashanti to comply with water contamination rehabilitationrelated directives may result in further, more stringent, directives being issued against the company,AngloGold Ashanti, which may, in some cases, result in a temporary or partial shutdown of some of the company’sCompany’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 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. 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. See “ItemItem 4B: Business Overview-TheOverview—The Regulatory Environment Enabling AngloGold Ashanti to Mine”Mine.


AngloGold Ashanti’s provisions for decommissioning and for restoration (excluding joint ventures but including liabilities related to assets held for sale)and discontinued operations) totalled $724$578 million in 2017, $6372022, $673 million in 20182021 and $730$659 million in 2019.2020. Costs associated with rehabilitating land disturbed by mining processes and addressing environmental, health, safety and community issues are estimated and financial provision made based upon current available information based on ourAngloGold Ashanti’s commitments, in terms ofapplicable environmental legislation or agreements with government. Estimates notably relate to discount rates, which may vary due to changes in global economic and political risk conditions and assumptions, each of which is subject to change and certain changes may not be reasonably foreseen, 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). As such, estimates may 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



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adversely affect the company’sAngloGold Ashanti’s asset values, earnings and cash flows. Further, sudden changes in a life of minelife-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 changeEnvironmental laws, regulations could result in significant costs and climate change may present physical risksstandards are continually changing and are generally becoming more stringent. Changes to a mining company’s operations.

Greenhouse gases (GHGs) are emitted directly by AngloGold Ashanti’s environmental compliance obligations or operating requirements could adversely affect its operations, as well as by external utilities from which AngloGold Ashanti purchases electricity. As a resultrate of commitmentsproduction and revenue. Variations in laws and regulations, assumptions made atto estimate liabilities, standards or operating procedures, more stringent emission or pollution thresholds or controls, or the UN Climate Change Conference in Durban, South Africa in December 2011, certain membersoccurrence 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 addressing GHG emissionsunanticipated conditions, 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 designedrequire operations 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. See also “Item 4B: Business Overview-Environmental, Healthsuspended or permanently closed, and 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, 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.

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 onincrease AngloGold Ashanti’s operations cannot yet be determined.See also “Item 4B: Business Overview-Environmental, Healthexpenses and Safety Matters”.

In addition,provisions. These expenses and provisions could adversely affect 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. Such events or conditions, 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. 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”tailings management requirements and “responsible gold” legislationstandards, and standardspotential liabilities in the event of a failure to timely comply with these requirements or an incident involving a tailings storage facility, could adversely impact AngloGold Ashanti’s financial condition, results of operations and reputation.

Mining and mineral processing operations generate waste rock and tailings. The impact of managing related solid and hazardous materials, including dust and residual chemicals and metals, or a breach, leak, or other failure of a waste rock facility or TSF, including any associated dam, can be significant. An incident at AngloGold Ashanti’s operations could result, among other things, in the voluntary or mandatory shutdown of a TSF, enforcement, obligations to remediate environmental contamination, negative press coverage, and claims for property or natural resources damages and personal injury by adjacent communities. For example, in March 2022, due to a failure of pump equipment at the Cuiabá mine, there was a spill of tailings slurry that reached the Cuiabá stream in Sabará. The relevant local, state and federal authorities were notified, as well as the community in the vicinity of the mine, and corrective actions were taken. Following the incident, the Minas Gerais State Public Prosecutor’s Office filed a civil action against AngloGold Ashanti alleging environmental and socio-economic damages to the community and requesting an injunction suspending operations at the mine pending an independent technical audit of the TSF structure. Settlement of the state’s action required AngloGold Ashanti to engage an independent technical auditor to prepare assessment reports certifying the stability of certain surface operations and environmental controls and to pay approximately $1.4 million for socio-environmental projects and environmental education in the municipality of Sabará and to donate land to a federal organisation for conservation purposes. Incidents at other mining companies' operations could also result in governmental action to tighten regulatory requirements and restrict certain mining activities, in particular with respect to TSFs. See “—AngloGold Ashanti is subject to extensive and rapidly changing environmental, health and safety laws and regulations. Failure to comply with these requirements could result in significant costs.enforcement proceedings, claims, suspension of operations, community protest and/or additional capital or operating expenditures that could adversely impact AngloGold Ashanti’s financial condition or reputation.” and also “Item 4B: Business Overview—Sustainability and Environmental, Social and Governance (“ESG”) Matters”.


Stringent standards relating to “conflict minerals”In recent years, environmental licensing processes for mining companies have become more stringent, and “responsible” gold including, but not limitedespecially those involving TSFs in Brazil. Brazilian authorities, both at the federal and state levels, have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and have been considering, and in some cases have adopted, stricter laws and regulations applicable to the U.S. Dodd-Frank Act,approval, licensing, construction, management, closure and decommissioning of TSFs in Brazil. It is likely 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 increased costs associated with inspecting, maintaining and constructing TSFs. For example, in 2019, the EU Regulation 2017/821federal Brazilian National Mining Agency (“ANM”) issued a resolution which, among other things, prohibits the upstream method for the construction or heightening of tailings dams throughout the national territory of Brazil and requires existing upstream TSFs to be decommissioned. As a result, the Serra Grande tailings dam in the state of Goiás must be decommissioned by 15 September 2025. With respect to downstream (or “centerline”) TSFs, a federal law adopted in 2020 requires companies, to the extent that communities are located in the self-rescue zone of those TSFs, to (i) deactivate and decommission the structure, (ii) relocate the population, with reparations, or (iii) reinforce the stability of the structure. Deactivation and decommissioning of those TSFs will be required at the end of the life of the mine. All of the TSFs operated by AngloGold Ashanti in Brazil have communities located in self-rescue zones. As of 31 December 2022, AngloGold Ashanti has fully transitioned to dry-stacking operations for tailings storage at each location in Brazil. Capital expenditures required in 2022 to implement this new technology amounted to approximately $83 million. Capital expenditures for work required to comply with TSF-related requirements during the period 2023-2025 are expected to be material but, based on supply chainpreliminary estimates to date, AngloGold Ashanti anticipates that annual expenditures for each of these years will be less than in prior years and will decline over time. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil” and “Item 4B: Business Overview—Sustainability and Environmental, Social and Governance (“ESG”) Matters”.

In addition, a new ANM resolution that became effective on 22 February 2022 establishes new criteria for the operational management of TSF structures, changes the criteria related to the risk classification of TSF structures and emergency levels and sets new criteria for the suspension, embargo (order to stop operations) and interdiction of TSF activities. Operators of TSFs were mandated to conduct and submit risk assessments to the ANM by December 2022 and are required to update those risk assessments every two years. Operators are also required, on an annual basis, to obtain certifications from external consultants of the geotechnical stability of TSF structures and the adequacy of emergency response plans. In late 2022, tailings deposition was required to be suspended due diligence obligationsto embargos at five of AngloGold Ashanti’s TSFs in Brazil pending certification by external consultants of on-site emergency response plans (Declaração de Conformidade e Operacionalidade (“DCO”)) as well as, at one such TSF, certification by external consultants of geotechnical stability (Declaração de Condição de Estabilidade (“DCE”)) consistent with the new standards. In addition, at the Calcinados TSF, a risk assessment conducted in December 2022 with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice.



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Construction at the Calcinados TSF is expected to begin later in 2023, and the timeline for EU importerscompletion will be determined once the engineering and geotechnical work has been completed by external consultants. Tailings deposition at the Calcinados TSF, as well as processing of gold originating from conflict-affectedconcentrate at the Queiroz plant, which services the Cuiabá mine complex, is suspended until additional buttressing of the Calcinados TSF impoundment is complete.

Additionally, public prosecutors have been pursuing an active role in the enforcement of new state and high-risk areas,federal laws and regulations by way of legal action against several mining companies to compel compliance with these new rules. For example, one of the OECD Due Diligence Guidelines for Responsible Supply ChainsCompany’s Brazilian subsidiaries was involved in such lawsuit in the state of Minerals from Conflict-Affected and High-Risk Areas,Minas Gerais in relation to the World Gold Council Conflict-Free Gold StandardCuiabá tailings dam, and the London Bullion Market Association Responsible Gold Guidance have been introduced.

Anymatter was settled with the public prosecutor in July 2022. A lawsuit against another Brazilian subsidiary of the Company in the state of Goiás in respect of the Serra Grande tailings dam is currently pending appeal. While particular lawsuits may be settled or resolved in favour of the Company, the outcome of such legislation and standardslawsuits generally cannot be predicted. If any future lawsuits of a similar nature are resolved adversely to AngloGold Ashanti, such outcome may result in significantadditional and accelerated operating or capital costs for the Company, including costs exceeding its current provisions for decommissioning its sites in Brazil, which may adversely affect AngloGold Ashanti’s financial condition and results of operations. See “Item 8A: Legal Proceedings—Brazil”. In addition, it is believed that communities will increasingly seek engagement and information with respect to ensurethe adequacy of the safety measures in place to protect them from TSF-related incidents.

AngloGold Ashanti’s ability to replace Mineral Reserve is subject to uncertainty and demonstrate compliance (particularly where standardsrisks inherent in exploration, technical and economic pre-feasibility and feasibility studies and other project evaluation activities as well as competition within the industry for attractive mining properties.

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

Project studies and exploration activities necessary to determine the current or future viability of a mining operation, including the estimation of tonnages, grades and metallurgical characteristics of the ore, are often unproductive and unpredictable. Such activities often require substantial expenditure on exploration drilling to establish the presence, extent and grade (metal content) of mineralised material. Following, and in parallel with, ongoing exploration activities AngloGold Ashanti undertakes project studies to estimate the technical and economic viability of mining projects and to determine appropriate mining methods and metallurgical recovery processes. For example, during 2022, AngloGold Ashanti commenced a pre-feasibility study at Silicon and a feasibility study is currently underway at North Bullfrog.

Once mineralisation is discovered, it may take several years to determine whether an adequate Mineral Reserve exists, during which time the economic viability of the project may change rapidly or lack certainty due to court challenges)fluctuations in factors that affect both revenue and may complicate costs, including:
prevailing and anticipated prices of metals and other commodities, including gold, silver and copper;
prevailing and anticipated local or foreign currency exchange rates;
the salerequired return on investment as based on the cost and availability of capital;
applicable regulatory requirements, including those relating to environmental or health and safety matters;
recovery rates of gold emanatingand other metals from certain areas. The complexitiesthe ore; and
capital expenditure and cash operating costs (which may be impacted by inflation).

These estimates depend on assumptions made based on available data during the particular project phase. Mineral 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 current and historical sampling results. No assurance can be given that Mineral Reserve estimates or other estimates are accurate or that the indicated levels of gold, supply chain, especially as they relate to “scrap”silver, copper or recycled gold,other mineral will be produced. Further exploration and project studies can result in new data becoming available that may change previous or historical Mineral Reserve estimates and impact the fragmentedtechnical and often unregulated supplyeconomic viability of artisanal and small-scale mined gold are such that there may be significant uncertainties at each stage

production from the project. Changes in the chainforecast prices of commodities, exchange rates, production costs or recovery rates may change the economic status of Mineral Reserve resulting in revisions to previous or historical Mineral Reserve estimates. These revisions in Mineral Reserve estimates as well as changes in life-of-mine estimates could also impact depreciation and amortisation rates, asset carrying values and/or estimates for closure, restoration and environmental rehabilitation costs.

AngloGold Ashanti undertakes annual revisions to its Mineral Reserve estimates based upon ongoing exploration and production results, depletion, new geological/geotechnical information, model revisions, revised mine planning, and fluctuations in production, forecasts of commodity prices, economic assumptions and operating and other costs as well as asset sales and acquisitions. These factors may result in reductions in Mineral Reserve estimates, which could adversely affect life-of-mine plans and consequently the provenancetotal value of AngloGold Ashanti’s mining asset base. Mineral 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 Mineral Reserve in recent years, AngloGold Ashanti faces intense competition for the acquisition of attractive mining properties. From time to time, AngloGold Ashanti evaluates the acquisition of a Mineral Reserve, development properties or operating mines, either as stand-alone assets or as part of existing companies. For example, AngloGold Ashanti recently increased its mining properties in the Beatty district of southern Nevada through its



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acquisition of Corvus Gold Inc. in January 2022 and Coeur Sterling, Inc. in November 2022. AngloGold Ashanti’s decision to acquire properties is based on a variety of factors, including historical operating results, estimates and assumptions regarding the extent of the gold. existing or potential Mineral 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 relevant Mineral Reserve.

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

Mining is inherently hazardous and the related risks of events that cause disruptions to AngloGold Ashanti’s mining operations may adversely impact the environment or the reputationalhealth, safety or security of our workers or the local community, production, cash flows and overall profitability.

Gold mining operations are subject to risks of defining their productevents that may adversely impact AngloGold Ashanti’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, including the activities of artisanal or illegal miners;
surface or underground fires or explosions;
labour force disputes and disruptions;
loss of information integrity or data;
mechanical failure or breakdowns and ageing infrastructure;
failure of unproven or evolving technologies;
unusual or unexpected geological formations, ground conditions, including lack of mineable face length and ore-pass blockages;
fall-of-ground accidents in underground operations;
cave-ins, sinkholes, subsidence, rock falls, rock bursts or landslides;
failure of mining pit slopes, heap-leach facilities, water or solution dams, waste stockpiles and tailings facility walls;
flooding or inundation of mine pits;
safety-related stoppages;
seismic activity; and
other natural phenomena, such as floods, droughts or weather conditions, potentially exacerbated by climate change.

Any of these events or incidents could, individually or in the aggregate, have a constituent part as containingmaterial adverse effect on AngloGold Ashanti’s results of operations and financial condition. For example, in the DRC, in December 2022, a “conflict mineral” may be too burdensome forbogger operator was fatally injured when a large rock deflected from an open stope at the company’s customers. Accordingly, manufacturers may decide to switch supply sourcesKibali gold mine which is managed by AngloGold Ashanti’s joint venture partner Barrick Gold Corporation (“Barrick”). Any seismic, flood or to substitute gold with other minerals not covered bysimilar events or incidents that occur in the initiatives. Thisfuture could have a material negative impact on the gold industry, includingadverse effect 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 theextended 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 ArgentinianArgentinean government from 2011 to 2015, can also delay the delivery of parts and equipment. In the past, the companyAngloGold Ashanti 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 in essential commodities, including, for example, ammonium nitrate, 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 companyAngloGold Ashanti. AngloGold Ashanti could at times face limited supply or increased lead time in the delivery of such items.items.


The company’s



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AngloGold Ashanti’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 aroundstandards. Although AngloGold Ashanti monitors and assesses suppliers on their governance conduct, there is a risk that the managementCompany may fail to identify actual instances of ethical supply chains.unethical conduct by those suppliers or other activities that are inconsistent with its values and standards. 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. In addition, AngloGold Ashanti’s efforts to monitor supply chain activities, including freight and logistics routes, and its engagement with its suppliers to identify disruptions on its ability to source materials or equipment or otherwise impact its operations, may not be sufficient to avoid disruptions that could have a material adverse effect on AngloGold Ashanti’s business or operations.


Furthermore, supply chains and rates can be impacted by natural disasters, such as earthquakes, extremesevere weather, patternssuch as storms, heavy rainfall and other impacts that may be increasing due to 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 and in February 2013, a fire destroyed the heavy mining equipment stock of spares and components at the Geita gold mine.mine in Tanzania. If AngloGold Ashanti experiences shortages, or increased lead times in the delivery of strategic spares, critical consumables, mining equipment or processing plant, the companyAngloGold Ashanti 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 ofoutbreaks since 2014 in Western Africa, where certain crisis management measures were implemented.with the latest outbreak detected in early 2021, which continued until the summer of 2021. See “-AngloGold“—AngloGold Ashanti’s OreMineral Reserve, deposits and mining operations are located in countries that face instability, public health 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 an outbreak of the Ebola, Marburg or monkeypox virus, or a fear of any of the foregoing, could adversely impact ourAngloGold Ashanti’s 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, in response to the both the Argentinian and South AfricanCOVID-19 outbreak, several governments have recently imposed significant restrictions on the movement of goods, services and persons (including travel), including a nationwide lockdownlockdowns of businesses and itstheir citizens (quarantine).In Brazil, the State and even temporary suspension of Goiás has also imposed similar restrictions.mining activities. 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. They could also result in the need to increase inventories on long lead time items and critical consumables and spares which may lead to an increase in working capital. In addition, restrictions in travel, including air travel, and border access may impact the company’sAngloGold Ashanti’s ability to source and transport goods and services required to operate mines, and to transport gold doré to refineries.refineries and ship refined gold from refineries as well as increase the cost. 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 epidemic or pandemic outbreaks (such as outbreaks of COVID-19, Ebola, COVID-19Marburg or other epidemic outbreakmonkeypox) or that there would be no related consequences, such as severe food shortages and social impact. Epidemic-related exportExport restrictions related to any epidemic or pandemic (including as a result of government regulation and prevention measures) could similarly adversely impact AngloGold Ashanti’s financial condition and results of operations.

AngloGold Ashanti’s 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 AngloGold Ashanti’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 company’scontrol of the Company.

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

Establishing infrastructure for AngloGold Ashanti’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 is inadequate and regulatory regimes for access to infrastructure are 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 which may adversely affect AngloGold Ashanti’s business, results of operations and financial condition.

AngloGold Ashanti faces strong competition and industry consolidation.

The mining industry is competitive in all of its phases. AngloGold Ashanti competes with other mining companies and individuals for the acquisition of mining and exploration assets, for mining claims and leases on exploration properties, as well as for specialised equipment, components and supplies necessary for exploration, development and mining of the relevant mining or



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exploration asset. These competitors may have greater financial resources, operational experience and technical capabilities than AngloGold Ashanti and may also be lower on the industry cost curve or have lower cost of capital and better access to scarce capital 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 and results of operations.



Concerns about the integrity or reliabilityFurther, industry consolidation may lead to increased competition due to lesser availability of the London Bullion Market Association (LBMA) Gold Price Benchmark could adversely affect investor interest in goldmining and confidenceexploration assets. A number of transactions have been completed 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 UK regulators undertook a review of the fixing process.


mining industry in recent years. In 2015, the Fix was replaced by the London 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 tothis regard, 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.


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. Any violation of such laws 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, cloud infrastructure, data centre management, server / personal computing support, enterprise resource programs, email and digital documents and the Cyber Security Operations Centre.

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. There 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 networkscompetitors have made acquisitions or financial losses from remedial actions.entered into business combinations, joint ventures, partnerships or other strategic relationships. For example, Barrick Gold Corporation (“Barrick”) completed its merger with Randgold Resources Limited in early 2020, there was an unsuccessful cybersecurity attackJanuary 2019 and Newmont Corporation (formerly Newmont Mining Corporation) completed its business combination with Goldcorp Inc. in April 2019. In February 2022, Agnico Eagle Mines Limited (“brute-force” attack) attemptingAgnico”) completed its business combination with Kirkland Lake Gold Ltd. In November 2022, Agnico and Pan American Silver Corporation announced their proposed arrangement with Yamana Gold Inc. Similar consolidations in the form of acquisitions, business combinations, joint ventures, partnerships or other strategic relationships may continue in the future. The companies or alliances resulting from these transactions or any further consolidation involving AngloGold Ashanti’s competitors may benefit from greater economies of scale as well as significantly larger, more diversified, lower cost and higher quality asset bases than AngloGold Ashanti. In addition, following such transactions certain of AngloGold Ashanti’s competitors may decide to breachsell specific mining assets increasing the company’s email servers. No breach was recorded.

Information technology security processes may not prevent future malicious actions, denial-of-service attacks, or fraud,availability of such assets in the market, which could result inadversely impact any sale process that AngloGold Ashanti may undertake at 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 partsame time, including such sales processes taking longer to complete or not completing at all or not realising the full value of the global insurance program, and material system breaches and failures could result in significant interruptions that couldassets being disposed of. Such developments may adversely affect AngloGold Ashanti’s business, operating results and reputation.


The interpretation and application of consumer and data protection laws in South Africa, the United States and elsewhere are 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 essential 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, the failure to comply with the General Data Protection Regulation (GDPR) may lead to a fine of up to four percent of a company’s worldwide turnover or up to €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.

Attacks on mining companies (for example, attacks targeting gold rooms where smelted gold bars are stored before being transported to other facilities) have also been occurring over the last couple of years, especially in Brazil and South Africa, and the risk of future attacks remains a threat and could adversely affect the company’s activities.

Intrusions 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, high levels of unemployment and an increased level of organisation and funding of criminal activity. See “-Artisanal and illegal mining occurs on AngloGold Ashanti’s properties, which can disrupt the company’s business and expose the company to 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 enoughRisks Related to require resorting to public security forces, such as national police or military units on a near-permanent basis. For example, in 2018, the withdrawal of the Gendarmes, Malian paramilitary units, from the 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 invasions 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 operationsOperations and financial condition.Business

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. 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.

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, in particular prolonged or sustained outbreaks.  For example, during August 2014, cases of the Ebola virus were reported in Siguiri, which is located near AngloGold Ashanti’s Siguiri mine in Guinea.  The company implemented certain restrictions on travel to and from the Siguiri mine as a precaution. As the 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. The DRC also experienced an outbreak of the Ebola virus in 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 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 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 additional safety measures which may further the negative impacts on its operations or its exploration projects in countries that may be affected by infectious diseases, such as Ebola or COVID-19.


AngloGold Ashanti’s mineral deposits, OreMineral 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 and largely immovable, the adverse impacts of such changes may be unavoidable and immediate.


Any existing and new mining, exploration operations and projects that the companyAngloGold Ashanti carries out are subject to various national and local laws, policies and regulations governing the ownership, prospecting, development and mining of OreMineral 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.resources (including by way of free-carried interests in mining companies for governments). For example, the royalty rate applicable to gold increased from 2.5 percent to 3.5 percent in 2018 in the DRC and from four percent to six percent in Tanzania in 2017. In particular, changes to the fiscal terms governing AngloGold Ashanti’s operations may have a material adverse impact on the company’sits 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’sAngloGold Ashanti’s ability to access new assets and potentially reduce future growth opportunities.


For example, in July 2017, the government of Tanzania enacted new legislation which purports to make a number of changes to the operating environment for Tanzania’s extractive industries, including its mining sector. These changes include, among other things, the right for the government of Tanzania to renegotiate existing mining development agreements at its discretion and the provision to the government of Tanzania of a non-dilutable, free-carried interest of no less than 16 percent in all mining projects. See “ItemItem 4B: Business Overview-TheOverview—The Regulatory Environment Enabling AngloGold Ashanti to Mine Continental Africa-Tanzania”Mine—Africa Region—Tanzania. Any future amendments to the mining codes of the countries in which AngloGold Ashanti operates or attempts to renegotiate the company'sits existing mining conventions in such countries could have further adverse effects on the company’sits financial condition and results of operations.


Another example 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 development agreement (Obuasi DA)(the “Obuasi DA”) and a new tax concession agreement (Obuasi TCA)



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(the “Obuasi TCA”) with the government of Ghana. As a result of the parliamentary ratification of the Obuasi DA and Obuasi TCA in June 2018, the 2004 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 of Ghana to obtain a new stability agreement for the Iduapriem mine. See “ItemItem 4B: Business Overview-TheOverview—The Regulatory Environment Enabling AngloGold Ashanti to Mine-Continental Africa-Ghana”Mine—Africa Region—Ghana. Any future amendments to the Ghanaian mining regime, negotiation of new stability agreements, or attempts or failures to renegotiate existing stability agreements on the same favourable conditions or at all may have a material adverse effect on the company’sAngloGold Ashanti’s results of operations or financial condition.


In Brazil, for instance, as a result of the Vale tailings dams failure at Brumadinho in the state of Minas Gerais in January 2019, 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. For example, the federal

government is undertaking action to review relevant mining legislation and 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 decommissioning of TSFs, including the removal 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 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 “-Mining companies are subject to extensive environmental, health and safety laws and regulations” and “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti 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.

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. For example, in Guinea, a military coup in September 2021, during which the president was detained, resulted in political instability. Furthermore, political instability and related events in Mali led to the president formally resigning in August 2020 after being detained by a group of soldiers, which was followed by a second military coup in May 2021. The political instability in Mali may negatively affect AngloGold Ashanti’s ability to consummate the disposal of its interests in the Yatela joint venture, including the terms, fulfilment of conditions precedent or timing thereof. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Mali”. In these countries experiencing social and political instability as well as economic uncertainty, 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. Efforts at political and economic reforms in Brazil and such other countries may lead to increased instability. Furthermore, general elections in the countries in which AngloGold Ashanti operates may be accompanied by social, political and 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.


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’sAngloGold Ashanti’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 in which AngloGold Ashanti operates could limit AngloGold Ashanti’sits 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. The interpretation and application of tax rules by tax authorities and courts in the countries in which the Company operates may be uncertain and unpredictable and could result in higher tax expense and payments than anticipated, even if such tax exposure is considered to be remote by the Company. Further interpretations or developments of tax regimes may affect the company’sCompany���s tax liability,liabilities, return on investments and business operations. AngloGold Ashanti is regularly examined bythe subject of tax authoritiesaudits in its various jurisdictions of operation. In Tanzania, the Tanzania Revenue Authority (“TRA”) has been raising audit findings during the past decade on various tax matters in relation to fiscal years 2009 to 2021. A total amount of $318 million was in dispute as of 31 December 2022 (2021: $291 million), including additional tax assessments of $28million received in 2022. AngloGold Ashanti has challenged those audit findings through the applicable administrative and judicial processes. These matters are at different stages of appeal, including before two administrative bodies, the Tax Revenue Appeals Board and the Tax Revenue Appeals Tribunal, and the Court of Appeal of Tanzania. In March 2020, the Tax Revenue Appeals Board found in favour of the TRA in a tax dispute relating to AngloGold Ashanti’s tax assessment for fiscal year 2012. AngloGold Ashanti appealed this decision to the Tax Revenue Appeals Board. In Colombia, the Colombian tax authorities (Dirección de Impuestos y Aduanas Nacionales) challenged AngloGold Ashanti’s tax treatment of exploration expenditure in relation to fiscal years 2010, 2011, 2013 and 2014, resulting in claims for additional taxes as well as interest and penalties. During November and December 2022, the Council of State of Colombia ruled against the Company in respect of certain of these lawsuits. The Company’s other lawsuits are still pending before the Colombian courts. See “Item 8A: Legal Proceedings—Tax matters”. In addition, governmental authorities, whether tax, judicial or other, may also issue claims against the Company or its operations, which may be unfounded and without merit, involving substantial penalties and interest. For example, in the DRC, during 2022, Kibali Goldmines S.A., which owns and operates the Kibali gold mine, received several claims from the DRC customs authorities (Direction Générale des Douanes et Accises) (the “DRC Customs Authority”) covering a number of customs duties issues. The DRC Customs Authority claims that incorrect import duty tariffs have been applied to the import of certain consumables and equipment for the Kibali gold mine. In addition, the DRC Customs Authority claims that the exemption available to Kibali Goldmines S.A., which was granted under the original mining lease, no longer applies. Finally, the DRC Customs Authority claims that a service fee paid on the exportation of gold was paid to the wrong government body. These claims, including substantial penalties and interest, total $339 million (AngloGold Ashanti’s attributable share: $153 million). For further information, see “Item 18: Financial Statements—Note 17—Investments in associates and joint ventures”. Kibali Goldmines S.A. is of the opinion that such claims are unfounded and without merit. AngloGold Ashanti’s inability to resolve these and other tax disputes favourably or to enforce its rights, may have a material adverse impact on its financial performance, cash flow and results of operations.


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,In Tanzania, AngloGold Ashanti calculates that net overdue recoverable value addedinput tax, fuel duties and appeal deposits (after discounting provisions) of $196 million are(2021: $234 million) (including $153million (2021: $142 million) of value added tax (“VAT”) input credit refunds) were owed to AngloGold Ashanti at the endas of 201931 December 2022 and held by the Tanzanian government and it is not certain when, if ever,and when AngloGold Ashanti will be refunded this amount.



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these amounts.See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Tanzania”. In the DRC, AngloGold Ashanti calculates that its attributable share of the net recoverable VAT balance (including recoverable fuel duty and after discounting provisions) owed to it by the DRC government amounted to $86million (2021: $73 million) as of 31 December 2022. Whilst an agreement was reached with the DRC government on the reimbursement of the refundable VAT in the last quarter of 2018, uncertainty remains regarding the timing and level of cash receipts and offsets against other taxes for purposes of the recovery of AngloGold Ashanti’s VAT receivables in the DRC. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Democratic Republic of the Congo (DRC)”. Similarly, as a general matter, it is not certain when or whether AngloGold Ashanti will be refunded all tax-related amounts due from any other government.


The countries in which the companyAngloGold Ashanti 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.countries as well as adversely affect their results of operations and financial condition. 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. Further, in 2018, the DRC government imposed new exchange control rules, as part of its reform of the DRC’s mining code, which resulted in AngloGold Ashanti’s inability to repatriate cash from its DRC operations. The Company’s attributable share of the outstanding cash balances awaiting repatriation from the DRC amounted to $40 million (2021: $499 million) as of 31 December 2022. In this respect, AngloGold Ashanti’s temporary or permanent inability to repatriate cash from the countries in which AngloGold Ashanti operates could have a material adverse effect on the Company’s results of operations and financial condition. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Democratic Republic of the Congo (DRC)”.


Additionally, from 2011 to 2015, the ArgentinianArgentinean government introduced stricter exchange controls and related protracted approval processes which limited the company’sCompany’s ability to repatriate dividends from its ArgentinianArgentinean subsidiaries. In September 2018, export duties were re-imposed by the ArgentinianArgentinean government, which are currently set at 12eight percent for certain goods, including doré bars and gold alloys. AngloGold Ashanti’s net export duty receivables (after discounting provisions) in Argentina amounted to $9 million (2021: $19 million) as of 31 December 2022. These re-imposed export duties, if not compensated with other tax reductions, affect the tax stability guarantee granted to Cerro Vanguardia S.A. (“CVSA”) and could have a cap so that it does not exceedmaterial adverse impact on the amountCompany’s results of ARS 4 pesos per U.S. dollar exported. Inoperations and financial condition. Furthermore, in September 2019, the ArgentinianArgentinean government re-established foreign exchange and export controls. Increased royalties,CVSA had a cash balance equivalent to $116 million (2021: $139 million) at 31 December 2022. The cash balance is available to be paid to AngloGold Ashanti’s offshore ($105 million (equivalent)) and onshore ($15 million (equivalent)) investment holding companies in the form of declared dividends. Applications have been made to the Argentinean Central Bank to approve the purchase of U.S. dollars in order to distribute offshore dividends. In December 2022, the Argentinean Central Bank approved the payment of $17 million (equivalent) to AngloGold Ashanti. The remaining approvals are pending. In addition, increased socio-politicallysocio-political tensions and hyper-inflation over the past few years have greatly increased the country risk which in turn has lowered the potential future earnings of the company'sAngloGold Ashanti’s investment in Cerro Vanguardia S.A. (CVSA)CVSA. Argentina’s economy continues to suffer from a persistent recession coupled with high inflation (94.8 percent in 2022) and widespread unemployment (an estimate of approximately seven percent in 2022). Political uncertainty following the 2019 presidential elections further exacerbates the risk. See “Item 4B: Business Overview—The economic contraction for 2019 ended at eight percent and a further recession is expected in 2020.Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Argentina”.


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 ownrights and exploit Ore Reserve and deposits is governed by the laws and regulations of the jurisdictions in which the mineral properties are located. See “ItemItem 4B: Business Overview-TheOverview—The Regulatory Environment Enabling AngloGold Ashanti to Mine”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 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”.

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.

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.

In 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 Broad-Based Socio-Economic Empowerment Charter for the South African Mining and 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 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 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, 2018 ownership requirements and it will not be entitled to rely on its current BEE ownership structure. See also “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine-South Africa”.

AngloGold Ashanti has not yet been assessed for compliance by the DMRE 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 historically 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 Mining Charter, 2018 and may not meet all of the various requirements by the required dates.

In Colombia, a government agency grants exclusive concession contracts for exploration and exploitation which contain specified timelines for the completion of the various phases of a mining project. 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, it may be found in breach of its concession contract or mining license and such breach could constitute grounds for the mining authority to terminate such concession contract or mining license. Force majeure was declared at the La Colosa project, stopping all activities, following the outcome of the popular consultation held on 26 March 2017 in the Colombian municipality of Cajamarca in the Tolima department, which hosts the La Colosa exploration site. The force majeure has been extended multiple times and will now expire in June 2020, after which such declaration will once more need to be extended. While the company 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. See also “Item 4B: Business Overview-The Regulatory Environment Enabling AngloGold Ashanti to Mine-Americas-Colombia”.

AngloGold Ashanti’s insurance does not cover most losses caused by the risks described above. 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 (Cth) provides for the establishment and recognition of native title under certain circumstances. In South Africa, the Extension of Security of Tenure Act, No. 62 of 1997 and the Restitution of Land Rights Act, 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 Obuasi 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.


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 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, Guinea and Mali. Union involvement in wage negotiations and collective bargaining increases the risk of strike action. This situation is exacerbated by the multi-union environment at some of the company’s operations. Unions are characterized by their robust and positional engagement with the company, both in the context of existing collective bargaining structures to improve and advance conditions of employment, and in the context of changing economic conditions, downsizing and downscaling of operations. These factors expose the company’s operations to potential strike action and work stoppages. Unions are also increasingly championing broader political, economic and social issues utilizing their ability to 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 governmental 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.


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

Artisanal and illegal 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. Artisanal 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. In addition, illegal mining could lead to an increase in the level of organisation and funding of criminal activity around some of the company’s operations in Continental 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.

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. In addition, it has become increasingly difficult to secure work permits for AngloGold Ashanti’s expatriate workforce in Tanzania as a result of the Tanzanian government’s efforts to promote the employment of 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. 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.

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, may also have an adverse impact on the company’s results of operations and financial condition. In addition, restrictions on travel imposed by governments as a result of the 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, may prevent mining contractors from reaching our mining sites which could have an adverse effect on the operations of 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. See “Item 8A: Legal 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 2019, AngloGold Ashanti had gross borrowings of $2.033 billion (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 potential 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. S&P Global and Fitch have assigned full sub-investment grade credit ratings to the Republic of South Africa and Moody’s has assigned an investment grade rating. See “-Global economic conditions could adversely affect the profitability of operations”. Any downgrade of the company, or South Africa, 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, in February 2020, the company announced the sale of its remaining South African producing assets, including the Mponeng 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.


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.

In Colombia, the company is also involved in class action lawsuits in relation to each of AngloGold Ashanti Colombia S.A.’s (AGAC) Santa María-Montecristo and La Colosa projects. One of these class action lawsuits led to a preliminary injunction suspending AGAC’s mining concession contracts in relation to the Santa María-Montecristo project in September 2011. 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 or engages in acts of corruption or other serious misconduct. In that event, AGAC could be required to abandon the relevant project and, depending on the severity of the violations or misconduct, the Colombian mining authority may cancel AGAC’s other existing mining concession contracts. Pending proposals for new mining concession contracts could also be cancelled and AGAC could be banned from doing business with the Colombian government for a period of five years.

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.


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. Ageing infrastructure may have an adverse effect on the company’s results of operations and financial condition in the future.


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 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.

The 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 Barrick 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 Barrick 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’sCompany’s operations are noise-induced hearing loss and occupational lung diseases (OLD)(“OLD”), which include pulmonary diseases such as tuberculosis from various causes and silicosis in individuals exposed to silica dust. These risksdust, and which 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.operations. If the costs associated with providing occupational health services, implementing dust control measures or supplying protective 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’sCompany’s reputation.


In South Africa, AngloGold Ashanti has been subject to numerous claims, including class action litigation with respect to alleged OLD with two certified industry-wide classes, i.e.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 10in 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 beenwas 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 2019,2022, AngloGold Ashanti has recorded a provision of $65$35 million (2018: $63(2021: $50 million and 2017: $632020: $61 million) to cover the estimated settlement costs and related expenditure of the silicosis



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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 settlement. For example, the final settlement costs and related expenditure may be higher than the recorded provision depending on various factors, such as, among other things, potential changes in the settlement terms, differences in the number and profile 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, which may have a material adverse effect on AngloGold Ashanti’s financial position. The sale of the Company’s South African operating assets and liabilities to Harmony did not include the silicosis obligation relating to South African employees, which was retained by AngloGold Ashanti. For further information, see “Item 8A: Legal Proceedings-South Africa” and “ItemItem 18: Financial Statements-Note 1-Accounting Policies-ProvisionStatements—Note 1.2—Statement of Compliance—Significant Accounting Judgements and Estimates—Use of Estimates—Provision for silicosis”silicosis.


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’sits 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’sCompany’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 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 amongstamong 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’sCompany’s results of operations and financial condition.


The companyAngloGold Ashanti 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-19epidemics, which may significantly impair the health of our labour force. If spread among our workforce, COVID-19 may lead to a full or partial shutdownmobility of the company’s mines in the affected areasCompany’s labour force and, as a result, AngloGold Ashanti’s ability to maintain its production levels or operations. Uncertainties remain with respect to the possibility of the emergence, or the re-emergence, of infectious diseases (such as COVID-19, Ebola, Marburg or monkeypox) that may lead to excessive absenteeism in, or travel restrictions impacting, the Company’s workforce and may lead to operational disruptions, including a halt or significant slowdown in related mining operations. COVID-19 also poses the risk that business may be curtailedA curtailment or even suspended for an indefinite period of timesuspension at AngloGold Ashanti’s mining operations in certain or all regions due to full or partial shutdowns, that may beeither those requested or mandated by governmental authorities or otherwise elected by companies as a preventive measure to contain the spread of the virus. A curtailmentCompany, including for safety 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,staffing reasons, may have a material adverse impact on ourAngloGold Ashanti’s results of operations and financial condition.



The costsIn South Africa, AngloGold Ashanti retained the legal and impacts associatedfinancial obligations in respect of a historical post-retirement medical scheme for certain employees and their dependents following the sale of the Company’s South African operating assets and liabilities to Harmony. AngloGold Ashanti’s responsibility extends to South African employees who historically qualified for such scheme (which was discontinued about two decades ago) and who were either not transferred to Harmony in connection with the pumpingasset sale but remained employed by the Company as of water inflows from closed mines adjacentthe consummation of the sale or who had retired prior to the company’scompletion of the transaction. As of 31 December 2022, AngloGold Ashanti has recorded a provision of $66million (2021: $71 million and 2020: $77 million) to cover the estimated contribution costs of the post-retirement medical scheme for such current and retired employees. In the event that the required contribution costs ultimately exceed the estimates on which the recorded provision is based, the additional costs incurred by the Company may have a material adverse effect on AngloGold Ashanti’s financial position. For further information, see “Item 18: Financial Statements—Note 26—Provision for pension and post-retirement benefits”.

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

AngloGold Ashanti’s success depends largely upon the continued service of its senior management, including its chief executive officer, its chief financial officer, the executive officers at each of its business divisions and the general managers at its mines. The departure of one or more members of AngloGold Ashanti’s senior management may have an adverse effect on its business, results of operations and financial condition. In addition, the loss of one or more members of the senior management team, coupled with any reduced attractiveness of the gold mining sector, could lead to the departures of other members of the management team. The inability of AngloGold Ashanti to retain its senior management could disrupt its operations, and have a material adverse impact on its business, results of operations and 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 resultsbusiness.

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 operations.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.


Certain



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For example, despite the scale of mining activities in many African countries, recruitment of skilled personnel has been challenging as the local development of critical skills struggles to match an increasing demand. Recruitment remains difficult due to university offerings and other training institution offerings 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. Furthermore, local workers with critical skills, such as jumbo operators and tele-remote bogger operators from the DRC, Ghana and Tanzania are increasingly being targeted for expatriate opportunities across the continent. In addition, it has become increasingly difficult to secure work permits for 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,expatriate workforce in particular in South Africa.  Such ingress could have an adverse effect on any one of the company’s mining operationsTanzania as a result of property damage, disruptionthe Tanzanian government’s efforts to promote the employment of Tanzanian citizens. Difficulties in obtaining such non-citizen work permits due to increased pressure for localisation of labour, if continuing, may have an adverse impact on the Company’s operations additional pollution liabilitiesin Tanzania. Similar impacts may occur elsewhere, including in the DRC, Ghana and pumpingGuinea. Certain jurisdictions, such as Ghana, have also adopted local content and local participation policies.

Other regions experience similar challenges. For example, while there is a high concentration of specialised and skilled mining workers in Australia and Brazil, there is significant competition for such personnel in those markets. Additionally, the Company may incur significant costs to develop talent, capacity and consequently,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 itsAngloGold Ashanti’s results of operations and financial condition.



The potentialIncreased labour 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.


Labour costs represent a substantial proportion of the Company’s total operating costs and at many operations in the Americas, constitute approximately 40 to 45 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, Ghanaian law contains broad provisions requiring mining companies to recruit and train Ghanaian personnel and to use the services of Ghanaian companies. 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.

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

AngloGold Ashanti has identified groundwater contamination plumesuses contractors at certain of its operations that have occurred primarilyto mine and deliver ore to processing plants as a result of seepage from surface operations and facilities, including tailings storage facilities and waste rock piles.

In addition, deep groundwater contamination iswell as for other purposes. At mines employing mining contractors, contracting costs represent 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, of which the company’s West Wits operations are part. As a resultproportion 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. The potentialtotal operating costs of remediation and prevention of groundwater contamination at these operations.

AngloGold Ashanti’s operations could be significantdisrupted, 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, may also have an adverse impact on the Company’s results of operations and financial condition. In addition, restrictions on travel imposed by governments as a result of the outbreak of infectious diseases, a pandemic or other public health threat, such as the outbreak of the SARS-CoV-2 virus responsible for COVID-19, may prevent mining contractors and other employees from reaching AngloGold Ashanti’s mining sites which could have an adverse effect on the operations of the affected mines.

Contractor disputes can also arise after the termination of the contractual relationship or the sale of the applicable mine. For example, in 2021, the Company settled arbitration proceedings with contractors in Ghana with regard to its Obuasi mine.

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.

AngloGold Ashanti’s Mineral Reserve, deposits and mining operations are located in countries that face instability, public health 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.




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Certain of the countries in which AngloGold Ashanti has mineral deposits or mining or exploration operations, including the DRC, Guinea, Ghana, Tanzania, 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.

Attacks on mining companies (for example, attacks targeting gold rooms where smelted gold bars are stored before being transported to other facilities) have also been occurring over the last couple of years, especially in Brazil, and the risk of future attacks remains a threat and could adversely affect the Company’s activities.

Intrusions onto AngloGold Ashanti’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 Guinea, Ghana and Tanzania, in areas where there is endemic poverty, high levels of unemployment and an increased level of organisation and funding of criminal activity. See “—Artisanal and illegal mining occurs on AngloGold Ashanti’s properties, which can disrupt the Company’s business, have adverse environmental, health, safety and security impacts, and expose the Company to liability”. If the security environment surrounding AngloGold Ashanti’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. In the event that continued invasions 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, AngloGold Ashanti 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. AngloGold Ashanti has also been publicly accused of inadequate resettlement practices at its Siguiri operation in Guinea by local and international NGOs, which poses reputational risk.

In addition, infectious diseases, such as COVID-19, Ebola, Marburg or monkeypox, are also a threat to the stability of some of the countries in which AngloGold Ashanti operates, where limited local health infrastructure weakens governments’ ability to manage and contain outbreaks effectively, in particular prolonged or sustained outbreaks. For example, during August 2014, cases of the Ebola virus were reported in the town of Siguiri, which is located near AngloGold Ashanti’s Siguiri mine in Guinea. AngloGold Ashanti implemented certain restrictions on travel to and from the Siguiri mine as a precaution. As the 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. A new Ebola outbreak was detected in early 2021 in Guinea, which continued until the summer of 2021. The DRC also experienced an outbreak of the Ebola virus at the end of 2021 and during the summer of 2022. Similarly, AngloGold Ashanti operates mines in regions that have had confirmed cases of COVID-19 and resulting deaths. In some countries, national or state governments 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 also imposed certain restrictions on travel or business activities as protective measures, including nationwide lockdowns (quarantine), which have disrupted, and may in the future if reimposed 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. Any such emergency governmental action may have a material adverse effect on AngloGold Ashanti’s operating and financial results, which may result in a negative impact on the Company’s cashflows, funding requirements and overall liquidity.

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 Ghana, Guinea, 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 NGOs, therefore, have a significant impact on the general labour relations environment, including labour relations at an operational level and operational stability at times. Unions are characterised by their robust engagement with the Company, both in the context of existing collective bargaining structures to improve and advance conditions of employment, and in the context of changing economic conditions, downsizing and downscaling of operations. These factors expose the Company’s operations to potential strike action and work stoppages. Any future labour unrest and disruptions could have a material adverse effect on AngloGold Ashanti’s results of operations and financial condition. For example, at Siguiri in Guinea, local community protests related to employment demands led to mining disruptions and the temporary suspension of mining activities during the month of July 2022.

Unions are also increasingly affiliated to global union federations and championing broader political, economic and social 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



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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. Furthermore, IndustriALL, representing more than 50 million workers globally, is expected to continue its attempts to enter into a global framework agreement with mining and resource companies. A global framework agreement will expose AngloGold Ashanti 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.

Artisanal and illegal mining occurs on AngloGold Ashanti’s properties, which can disrupt the Company’s business, have adverse environmental, health, safety and security impacts, and expose the Company to liability.

Artisanal and illegal miners are active on, or adjacent to, at least eight of AngloGold Ashanti’s properties, which at times may lead to interference with the Company’s operations and results in conflict that presents a security threat to property and human life. AngloGold Ashanti’s operations and projects affected and potentially at risk by artisanal and/or illegal small-scale mining are mainly situated in Guinea, Ghana, Tanzania and Brazil. Artisanal and illegal small-scale mining is associated with a number of negative impacts, including environmental degradation, flouting of land rights, poor safety 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 and distribution chains. These misconceptions impact negatively on the reputation of the industry.

The activities of the illegal miners, which include theft and shrinkage, could cause damage to AngloGold Ashanti’s properties, as well as impacts to surface water, pollution, disruptions to previously rehabilitated areas, underground fires, or personal injury or death, for which AngloGold Ashanti could potentially be held responsible. Illegal mining could also 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. In addition, illegal mining could lead to an increase in the level of organisation and funding of criminal activity around some of the Company’s operations. The most significant security challenges have occurred in Guinea, Ghana and Tanzania in areas where there is endemic poverty and high levels of unemployment.

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

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 develop Mineral 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 AngloGold Ashanti’s Mineral Reserve and deposits are located in countries where mining rights could be suspended or cancelled should it breach its obligations in respect 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, licences, 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 mineral deposits, Mineral 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”.

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.

In addition, any dispute with governments or other stakeholders, including labour unions, involving one of AngloGold Ashanti’s operations, 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.




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In Colombia, a government agency grants exclusive concession contracts for exploration and development which contain specified timelines for the completion of the various phases of a mining project. The Company must comply with these timelines unless performance is suspended, for example, due to force majeure or these timelines are extended or modified. If AngloGold Ashanti does not comply with the specified timelines for the completion of the various phases of a mining project, it may be found in breach of its concession contract or mining licence and such breach could constitute grounds for the mining authority to terminate such concession contract or mining licence. Force majeure was declared at the La Colosa project by the Colombian mining authority, stopping all activities, pending issuance of permits required to continue the next phase of operations. During the period when force majeure is in force, the specified timelines for completing the various phases of the mining project under the concession contract are suspended. The force majeure has been extended multiple times and is now expected to expire in June 2023, after which such declaration will once more need to be extended in case the relevant permits have not been granted. However, there can be no guarantee that such declaration, if required to be extended, will be extended at that time. Force majeure generally remains in force as long as the underlying circumstances which led to its declaration persist. See also “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Colombia.

AngloGold Ashanti’s insurance does not cover most losses caused by the risks described in this section. 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 if governments increase their ownership in the mines or nationalise them, AngloGold Ashanti’s results of operations and financial condition could be adversely affected. In addition, such challenges and difficulties may negatively affect the outcome of the Company’s project studies, which could, in some cases, lead to a reduction in its Mineral Resource and Mineral Reserve, which may be significant.

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 for the Company, so permitting, licensing, stakeholder expectations and demands and other external factors, including with respect to the Quebradona project, 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 AngloGold Ashanti’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. Title legislation is complex and difficult to predict and disputes or failure to maintain title could negatively affect the business results of new or existing projects.

For example, in Australia, the Native Title Act 1993 (Cth) provides for the establishment and recognition of native title under certain circumstances. Once a native title claim is registered, the native title party has a right to negotiate prior to the grant of certain mining tenements within the native title claim area. Registration of a native title claim, or a determination of native title, does not affect operations on mining tenements that were validly granted prior to the registration of the native title claim, although registered or determined native title holders will ordinarily have a right to claim compensation from the relevant Commonwealth or State government in respect of the impact of the tenement on their property rights. However, in the state of Western Australia, the Mining Act 1978 (WA) provides that an applicant for the grant of, or the holder of, a mining tenement is responsible for native title compensation, if determined to be payable, to native title holders. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Australia”.

Title to AngloGold Ashanti’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. 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, among other things, undetected defects. Further, title to the Company’s properties depends in some cases upon compliance with complex statutes and regulations, including those imposing periodic claim maintenance requirements. Failure to strictly comply with these requirements could invalidate the Company’s title to such properties, and such defects may not be readily curable.

Risks Related to AngloGold Ashanti’s Corporate and Financing Structure and Strategy

AngloGold Ashanti expects to have significant financing requirements.




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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, among other factors. AngloGold Ashanti’s ability to raise further debt, equity or quasi-equity financing in the future and the cost of such financing will depend on, among 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 and 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 impact of public health crises, epidemics or pandemics) 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.

Sales of large quantities of AngloGold Ashanti’s ordinary shares and ADSs, or 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 33.57 percent and the top 10 largest beneficially owned 49.29 percent of AngloGold Ashanti’s ordinary shares as at 31 December 2022. Subject to applicable securities laws, holders of AngloGold Ashanti’s ordinary shares or ADSs may decide to sell them at any time. As a result, 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.

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.

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 its 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.

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 Mineral 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 Mineral Reserve 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 2022, AngloGold Ashanti recognised impairment losses (net of taxation) of $151 million, $57 million and $38 million in respect of its Córrego do Sítio complex, Cuiabá complex and Serra Grande mine, respectively.



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

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

As AngloGold Ashanti is not the operator of these non-managed joint ventures or projects, the Company cannot ensure that these joint ventures or projects are operated, particularly on a day-to-day basis, in compliance with the standards that AngloGold Ashanti applies to its other operations. If these joint ventures or projects are not operated effectively or efficiently, including as a result of weaknesses in the policies, procedures and controls implemented by AngloGold Ashanti’s joint venture or project partners, the Company’s investment in the relevant joint venture or 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 or project 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. For example, with respect to the Kibali project in the DRC, AngloGold Ashanti and Barrick retain equal representation, with neither party holding a deciding vote, on the board of the company that has overall management control of the joint venture and all major management decisions for this project, including approval of the budget, require board approval. If a dispute arises between AngloGold Ashanti and Barrick with respect to the Kibali 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 AngloGold Ashanti 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 or project 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 project agreements. Disputes between AngloGold Ashanti and its joint venture or project partners may lead to legal action, including litigation between the Company and its joint venture or project partners. For example, a joint venture or project partner could decide to sell its shares in the joint venture or project in breach of any pre-emptive rights which the Company may have under the relevant joint venture or other project agreement. Such disputes could adversely affect the operation of the joint venture or project, may prevent the realisation of the joint venture’s or project’s goals and could adversely affect AngloGold Ashanti’s investment in the joint venture or project or harm the Company’s reputation. There is no assurance that AngloGold Ashanti’s joint venture or project 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 such joint ventures or projects.

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 its 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. S&P Global, Moody’s and Fitch have assigned sub-investment grade credit ratings to the Republic of South Africa and the South African sovereign ratings may have an adverse impact on the Company’s credit ratings. Furthermore, AngloGold Ashanti operates in a number of jurisdictions which have a deteriorating credit quality and rating. Any downgrade of AngloGold Ashanti Limited, the Republic of South Africa or any jurisdiction in which the Company has significant operations 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.

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

As at 31 December 2022, AngloGold Ashanti had gross borrowings of $1.983 billion (2021: $1.909 billion and 2020: $1.931 billion), excluding all 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 potential 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.




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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.

AngloGold Ashanti’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. For example, the outbreak of the SARS-CoV-2 virus responsible for COVID-19, which reached pandemic proportions, the geopolitical tensions and war between Russia and Ukraine and the recent inflationary pressures in the world economy led to disruption and volatility in financial and capital markets. Any prolonged dislocations in financial and capital markets 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 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 assets, properties or companies, which may include producing, development as well as advanced stage exploration assets or properties. 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, fiscal, legal, regulatory and contractual risks as well as jurisdictions which have a deteriorating credit quality and rating. For example, there may be a significant change in the legal, regulatory and fiscal framework applicable to the Company after it has completed a relevant transaction; commodity prices may also significantly change 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 more stringent criteria to recognise Mineral Reserve than any acquired business, which may lead to an amount of Mineral Reserve being recognised by the Company that is lower than the amount determined by such acquired business prior to the relevant acquisition; 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, business and operating cultures, which may exacerbate the risks described in this section. In addition, the acquired business may have undetected liabilities which may be significant.

In the event that AngloGold Ashanti chooses to raise debt capital to finance any acquisition, its 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 cash resources, which could decrease its ability to fund future capital expenditures and to service its debt.

AngloGold Ashanti 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.

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 companyCompany 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. For example, there are specific exclusions for third-party and public liability insurance cover with respect to certain of the Company's TSFs. AngloGold Ashanti may elect not to insure certain risks due to the high premiumspremia or for various other reasons, including an assessment that the risks are remote. For example, while AngloGold Ashanti’s insurance program includes coverage for cyber-related crimes and incidents as part of the global insurance program, such coverage is limited due to its relatively high cost and the sophisticated nature of cyber-crime. AngloGold Ashanti’s insurance coverage also contains customary exclusions for acts of war and terrorism.


In order to reduce 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



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result of events beyond the company’sCompany’s control or as a result of previous claims. This can result in higher premiumspremia and periodically being unable to maintain the levels or types of insurance the companyCompany typically carries.


The failure to obtain adequate insurance could impair the company’sCompany’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.



Market Risks
Sales
The price of large quantities ofgold, AngloGold Ashanti’s ordinary sharesprincipal product, and American Depositary Shares (ADSs), and the perception that these sales may occur or other dilution of the company’s equity,commodity market price fluctuations could adversely affect the prevailingprofitability of operations.

AngloGold Ashanti’s revenues are primarily derived from the sale of gold and, to a lesser extent, silver and sulphuric acid. The market prices for these commodities fluctuate significantly. 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 company’s securities.U.S. Federal Reserve, such as changes in interest rates;

changes in the demand for gold as an investment;
The bulkchanges in the demand for gold used in jewellery and for other industrial uses, including as a result of AngloGold Ashanti’s shares are held by a relatively small numberprevailing economic conditions;
changes in the supply of investors.  According to information available to the company, AngloGold Ashanti’s five largest shareholders beneficially owned 31.47 percentgold from production, divestment, scrap and hedging;
financial market expectations regarding interest rates and the top 10 largest beneficially owned 46.81 percentrate of AngloGold Ashanti’s ordinary shares as at 31 December 2019. The market priceinflation;
the strength of the company’s securities could fall if large quantitiesU.S. dollar (the currency in which gold trades internationally) relative to other currencies;
actual or anticipated sales or purchases of ordinary sharesgold by central banks and the International Monetary Fund (“IMF”);
gold hedging and unwinding of hedging by gold producers;
global or ADSs are soldregional political or economic events; and
the cost of gold production 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.major gold-producing countries.


The market price of gold has been and continues to be significantly volatile. During 2022, the company’s ordinary sharesmarket spot gold price traded between a low of $1,622 per ounce and a high of $2,052 per ounce. Between 1 January 2023 and 10 March 2023, the market spot gold price traded between a low of $1,811 per ounce and a high of $1,950 per ounce. On 10 March 2023, the market spot gold price was $1,868 per ounce. In addition to protracted declines, 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 $1,674 per ounce on 6 March 2020 to a low of $1,470 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.

Any sharp or ADSsprolonged fluctuations in the price of gold can have a material adverse impact on the Company’s profitability and financial condition.

In 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.

Events that affect the supply and demand of gold may have an impact on the price of gold. Demand for gold is also significantly impacted by trends in China and India, which account for the highest gold consumption worldwide. Government policies in these countries or other large gold-importing countries could adversely affect demand for, and consequently prices of, gold and, as a result, may adversely affect AngloGold Ashanti’s financial condition and results of operations. Furthermore, despite its generally favourable impact on the market price of gold, the COVID-19 pandemic has been a driving factor behind weakness in consumer demand for gold throughout 2020, culminating in a 14 percent decline in annual demand to 3,759.6 tonnes, the first time demand remained below 4,000.0 tonnes per year since 2009, according to the World Gold Council.

Furthermore, the shift in demand from physical gold to gold-related investments and speculative instruments may exacerbate the volatility of the gold price. Slower consumption of physical gold, resulting from a move toward gold-tracking investments or otherwise, may have an adverse impact on global demand for, and prices of, 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 in the past and may lead AngloGold Ashanti in the future 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 sustained decrease in the price of gold could also fallhave 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,



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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”. 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 Mineral Reserve estimates or life-of-mine plans from those prices used previously to determine Mineral Reserve or life-of-mine plans could also result in material impairments of the Company’s investment in mining properties or a reduction in its Mineral Reserve estimates and corresponding restatements of its Mineral Reserve and increased amortisation, reclamation and closure charges. Whilst, from time to time, AngloGold Ashanti may enter, and has in the past entered, into gold price hedges on an ad hoc basis on a portion of its production, the Company does not systematically do so. In addition, even when AngloGold Ashanti enters into gold price hedges, there is no certainty that such hedges will adequately protect the Company against gold price volatility.

The price of silver has also experienced significant fluctuations in past years. During 2022, the silver price varied between a low of $17.85 per ounce and a high of $26.39 per ounce. On 10 March 2023, the price of silver was $20.51 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, 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, including gold, copper and silver, 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 AngloGold Ashanti’s revenues are realised in, or linked to, U.S. dollars, whilst cost of sales are partly incurred in the local currency where the relevant operation is located. Given AngloGold Ashanti’s global operations and local foreign exchange regulations, some of its funds are held in local currencies, such as the Brazilian real, Argentinean peso, Australian dollar, Ghanaian cedi and the South African rand. The weakness of the U.S. dollar against local currencies results in higher cost of sales and other costs in U.S. dollar terms. Conversely, the strengthening of the U.S. dollar lowers local cost of sales and other costs in U.S. dollar terms.

Exchange rate movements may have a material impact on AngloGold Ashanti’s operating results. For example, based on average exchange rates in 2022, the Company estimates that a one percent strengthening of all of the Brazilian real, Argentinean peso, Australian dollar, Ghanaian cedi and the South African rand against the U.S. dollar, other factors remaining equal, would have resulted in an increase in cost of sales and total cash costs per ounce of approximately $13 million and $6 per ounce, respectively. As a result of the sale of its remaining South African operations, AngloGold Ashanti’s exposure to fluctuations in the strength of the South African rand has been reduced.

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 significant 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, and has in the past implemented, financial derivatives intended to reduce exposure to changes in the oil price, such input cost protection strategies may not always be successful, and any of the Company’s diesel consumption not covered by these derivatives will continue to be subject to market fluctuations.

The price of oil has fluctuated between $78 and $140 per barrel of Brent Crude in 2022. During the year, as a result of any future offerings the geopolitical tensions and the war between Russia and Ukraine, the oil price had increased precipitously. As of 10 March 2023, the price of oil was at $82 per barrel of Brent Crude.

AngloGold Ashanti makesestimates that for each $1.00 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 ordinary shares, ADSs,operations change by approximately $1 million or securities exchangeable or exercisable$0.50 per ounce, respectively. The sensitivity analysis includes the impacts of oil hedges. In July 2022, AngloGold Ashanti entered into forward contracts for a total of 999,000 barrels of Brent crude oil for the company’s ordinary shares or ADSs,period January 2023 to December 2023 that will be cash settled on a monthly basis against the contract price. The average price achieved on the forward contracts is $89.20 per barrel of Brent crude oil. At 31 December 2022, the mark-to-market value of these oil derivatives was an unrealised loss of $6 million. The cost of sales and total cash costs per ounce of certain of the Company’s mines, particularly Siguiri, Geita, Iduapriem and Tropicana, which are



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more dependent on fuel, 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 perceptionintroduction of new levies.

Furthermore, the price of steel has also been volatile. Steel is used in the marketplace that these offerings might occur.  AngloGold Ashanti may make such offerings, including offeringsmanufacture of additional ADS rights, share rights or similar securities, at any time or from timemost forms of fixed and mobile mining equipment, which is a relatively large contributor to timethe operating costs and capital expenditure of a mine. The price of steel has fluctuated between a low of $650 and a high of $1,541 per tonne in 2022. On 10 March 2023, the price of flat hot rolled coil (North American Domestic FOB) was $1,056 per tonne.

Fluctuations in oil and steel prices have a significant impact on operating costs and capital expenditure estimates and, in the futureabsence 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 such offerings could adversely affect the prevailing market price of the company's securities.financial condition.



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.Company.


AngloGold Ashanti has historically declared all dividends in South African rands.rands (as required by South African company law). As a result, exchange rate movements may have affected the Australian dollar, the Ghanaian cedi, the British pound 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’sCompany’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’sCompany’s shareholders at a general meeting. If, and to the extent that, AngloGold Ashanti is able to or 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’sCompany’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.



Global political and economic conditions could adversely affect the profitability of operations.

AngloGold AshantiAshanti’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.

Disruptions to international credit markets and financial systems have caused in the past, and may not pay dividendscause in the future, a loss of investor confidence resulting in widening credit spreads, a lack of price transparency, increased credit losses and tighter credit conditions. Any economic 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.

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 resulted in disruption and volatility in global financial markets and capital markets and a significant decrease in global economic activity, which had an adverse effect on worldwide demand for gold and adversely affected the profitability of the Company’s operations. Further deterioration in economic conditions, as a result of the COVID-19 pandemic or otherwise, could lead to a further or prolonged decline in demand for gold and negatively impact AngloGold Ashanti’s business, and any such negative impact may be material. 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”.

Furthermore, the geopolitical tensions and war between Russia and Ukraine and the retaliatory measures that have been taken, and could be taken in the future, by the United States, the European Union (“EU”), the United Kingdom, NATO and other jurisdictions have created global security concerns that could result in a regional or global conflict and otherwise have a lasting impact on regional and global economies, any or all of which could adversely affect AngloGold Ashanti’s business.

Other factors 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;



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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 similar paymentsthat financing more costly;
exposure to shareholdersthe liquidity and insolvency risks of the Company’s lenders and customers; and
impairment of the carrying value of operations in AngloGold Ashanti’s financial statements.
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.

Energy cost increases and power fluctuations and stoppages could adversely impact the AngloGold Ashanti’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 pricing or taxation of carbon emissions, unrest and potential conflict in the Middle East as well as the war between Russia and Ukraine, among other factors, could result in increased demand or constrained supply and sharply escalating oil and energy prices. In particular, the hostilities between Russia and Ukraine triggered the imposition of various sanctions by the United States, the EU, the United Kingdom and other jurisdictions against Russia. These and any additional sanctions or export controls, as well as countermeasures taken by Russia or other jurisdictions, led to a sharp increase in oil and energy prices, given Russia’s role as a major global exporter of crude oil and natural gas, which adversely impacted the Company’s results of operations and financial condition. This risk will be further exacerbated if the oil and energy prices return to such an elevated level or increase further.

Electricity sourced from fossil fuel based generation is currently used for most of AngloGold Ashanti’s 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. AngloGold Ashanti’s mining operations are substantially dependent upon a mix of electrical power generated by local power utilities and by own power generation plants situated at some of its operations. The unreliability of local power utilities in some of the countries in which AngloGold Ashanti operates could 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. For example, in Tanzania, government policies put increased pressure on companies to utilise the national grid, which could adversely impact the Company’s mining operations in the country due to potential power quality issues.

Certain of AngloGold Ashanti’s mining operations depend on supplies of fuel delivered by road which have been disrupted in the past and may be disrupted again in the future. Any such disruptions could negatively impact operating costs and cashflows from these operations.


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 and inflationary pressures have been exacerbated by recent geopolitical tensions and supply constraints resulting in increases in energy and other input commodity costs. 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. Furthermore, when inflation reaches highly inflationary levels in a country in which the Company operates, social unrest and union activity may increase, which in turn may have an adverse effect on AngloGold Ashanti’s operational costs and results of operation in that country.

Of particular concern is the increasing inflation rate in Argentina which was recorded at 94.8 percent in 2022, 51.0 percent in 2021, 36.1 percent in 2020, 53.8 percent in 2019 and 47.6 percent in 2018. Hyper-inflationary reporting will be reflected in the financial statements of the Company’s local subsidiaries. However, hyper-inflationary movements are not reflected in the Group’s consolidated financial statements as AngloGold Ashanti’s local Argentinean subsidiary is deemed to have a U.S. dollar functional currency.

Other Regulatory and Legal Risks

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 pays cash dividends only if there are sufficient funds available for that purpose. Fund availability depends upon many factors,operates. There has been a substantial increase in the global enforcement of these laws and an increased focus on the actions of mining companies. Any violation of such laws 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 AngloGold Ashanti operates globally in multiple jurisdictions, including the amountthose with



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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 capital expenditureCode of Business Principles and Ethics, Business Integrity Policy and Policy on existing infrastructureAnti-Bribery and explorationAnti-Corruption, among other policies, standards 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 solvencyguidance, 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 dividendstraining thereon may not be paid inprevent 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 of such requirements.

Sanctions for failure by the future.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.


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 requirementsrisk of litigation, the causes and costs of which are uncertain.

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, among other things, business activities, environmental, 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 licences, concessions, or rights, among 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.

For example, in Colombia, AngloGold Ashanti is involved in class action lawsuits in relation to each of its Santa María-Montecristo and La Colosa projects seeking to stop the Company from conducting exploration, development and mining activities in certain areas, in which these exploration projects are located, due to environmental concerns. See “Item 8A: Legal Proceedings—Colombia”.

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

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

Stringent standards relating to “conflict minerals” and “responsible” gold including, but not limited to, the U.S. Dodd-Frank Act, the EU Regulation 2017/821 on supply chain due diligence obligations for EU importers of gold originating from conflict-affected and high-risk areas, the OECD Due Diligence Guidelines for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, the World Gold Council Conflict-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 SECgold supply chain, especially as they relate to “scrap” or recycled gold, and the New York Stock Exchangefragmented and often unregulated supply of artisanal and small-scale mined gold are such that applythere may be significant uncertainties at each stage in the chain as to “foreign private issuers”. The periodic disclosure requiredthe provenance 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.gold. As a result of thisthe 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.

AngloGold Ashanti’s operations are subject to various climate change-related physical risks which may adversely impact its production activities, mine sites and personnel and/or result in resource shortages or environmental damages.

AngloGold Ashanti’s operations are exposed to a number of physical risks resulting from climate change, such as changes in rainfall rates or patterns leading to increased water stress or floods, rising sea levels, higher temperatures, fires and severe weather events such as tropical cyclones. These events or conditions could disrupt its mining, transport and supply chain operations, mineral processing and environmental rehabilitation efforts, create resource or energy shortages, damage the Company’s property or equipment and increase on-site health and safety risks due to, for example, erosion and geotechnical instability. For example, in January 2022, the state of Minas Gerais in Brazil was impacted by heavy rains, which resulted in 145 municipalities declaring an emergency. Thousands of people were forced out of their homes and evacuated from the affected areas, and more than 120 roads were blocked. The impacts were particularly severe in several of the cities where AngloGold Ashanti operates and where its employees reside, which resulted in the operations at Córrego do Sítio being temporarily partially



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stopped. Extreme rainfall events are also an increasingly significant risk for AngloGold Ashanti’s Australian operations. A significant increase in rainfall has the potential to adversely impact normal TSF operating procedures as well AngloGold Ashanti’s ability to operate processing plants in the event it is unable to discharge process water due to insufficient capacity in the receiving TSF pool. In contrast, increasing water stress at some of AngloGold Ashanti’s operations in Africa could, in the future, negatively impact the Company’s ability to successfully implement its environmental rehabilitation programmes and/or to suppress dust from its operations. These events or conditions also could have adverse effects on AngloGold Ashanti’s workforce and on the communities around its mines, such as an increased risk of food insecurity, drinking water scarcity, access to power and prevalence of disease.

In 2020, AngloGold Ashanti completed climate change-related physical risk assessments for all of its operated assets as well as the Quebradona project. While the assessments indicated that many of the identified physical climate risks were already included in the risk management strategy for these sites, AngloGold Ashanti may not have identified all potential risks or all the potential impacts of such risks. Events or conditions that are catastrophic, or are otherwise not adequately addressed by AngloGold Ashanti’s adaptation and risk management strategies, could have a material adverse effect on its production activities, assets, results of operations and financial condition.

Compliance with emerging climate change-related requirements, including stricter regulations and the potential imposition of carbon taxes or GHG emissions cap-and-trading schemes or the elimination of related subsidies, that are expected to be part of a country’s participation in a transition to half-yearly reporting, investors will receive less information abouta lower-carbon economy, could result in significant additional costs and expose AngloGold Ashanti than they hadto additional liabilities.

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 years preceding that change. They will also receive less timely financial reports than they otherwise might receive from a comparable U.S. company or fromDurban, South Africa, in December 2011, certain members of the company’s peersinternational community negotiated a treaty at the Conference of the Parties of the UN Framework Convention on Climate Change in Paris in December 2015 (the “Paris Agreement”). The Paris Agreement, which came into force in November 2016, requires developed countries to set targets for GHG emissions reductions. In order to meet national reductions commitments, including a goal of “net zero” carbon emissions or carbon neutrality by 2050 set by numerous jurisdictions, it is likely that various countries will implement or adopt additional measures addressing GHG emissions, including stricter GHG emissions limits and/or some form of carbon pricing, in the industry. This mayfuture. In 2021, AngloGold Ashanti committed to the International Council on Mining & Metals (“ICMM”) target of achieving net zero Scope 1 and Scope 2 GHG emissions by 2050, and, in partnership with value chain partners, to set Scope 3 GHG reduction targets, if not by the end of 2023, as soon as possible thereafter. In 2022, AngloGold Ashanti announced a 2030 reduction target to achieve a 30% absolute reduction in its Scope 1 and 2 GHG emissions, as compared to 2021 GHG emissions, through a combination of renewable energy projects, fleet electrification and lower-emission power sources, the capital cost for which is currently anticipated to be approximately $1.1 billion (of which $350 million is expected to be funded over that period by AngloGold Ashanti and the remaining $750 million through third-party funding, including from providers of renewable energy infrastructure).

Carbon pricing refers to various initiatives that seek to internalise the social or environmental cost of carbon on industries by imposing taxes, cap-and-trade schemes and/or elimination of free credits for carbon emissions. As governments continue to set aggressive decarbonisation targets to meet the commitments made as a result of the Paris Agreement, carbon pricing systems are likely to be implemented in a number of jurisdictions were AngloGold Ashanti operates. Such measures could require AngloGold Ashanti to reduce its direct GHG emissions or energy use or to incur significant costs for GHG emissions allowances or taxes, including as a result of 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 to reduce GHG emissions, as well as GHG monitoring and reporting and other obligations to comply with applicable requirements. Such measures could drive up the costs of capital goods, energy and other utility costs that are critical inputs to the Company’s mining operations. Certain 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.

AngloGold Ashanti’s ability to implement changes to decarbonise its operations varies across its portfolio. In regions which rely more on fossil fuels for energy, such as the Company’s mines in Australia and Tanzania, mandated GHG reductions and/or carbon pricing measures could have a material adverse effect on AngloGold Ashanti’s production activities, results of operations and financial condition. See also “Item 4B: Business Overview—Sustainability and Environmental, Social and Governance (“ESG”) Matters”.

While AngloGold Ashanti believes that gold’s well-demonstrated roles as a risk hedge and portfolio diversifier will continue to support investment demand for gold, even in an environment of uncertainty and heightened market volatility from climate change and the transition to a lower-carbon global economy, a sustained economic downturn or disruptions in certain industrial sectors where gold is integral to manufacturing, including electronic devices such as phones, computers and global positioning systems as well as jewellery, could reduce the demand for its product and, consequently, have an adverse impact on investors’ abilitiesits production, financial condition and results of operations.

Increasing scrutiny and changing expectations from AngloGold Ashanti’s stakeholders, including communities, governments and NGOs as well as investors, lenders and other market participants, with respect to make decisionsAngloGold Ashanti’s ESG performance and policies may impact AngloGold Ashanti’s reputation, result in additional costs to meet



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the expectations of stakeholders, hinder access to capital or expose AngloGold Ashanti to additional risks, including disinvestment and litigation.

Companies across all industries are facing increasing scrutiny related to ESG issues, including their internal ESG policies and governance practices. Investor advocacy groups, certain institutional investors, investment funds, lenders and other market participants are increasingly focused on ESG-related matters and in recent years have placed increasing importance on the environmental and social costs and impact of their investments. The increased focus and activism related to ESG and similar matters may hinder access to capital, as investors and lenders may decide to reallocate capital or to not commit capital as a result of their assessment of a company’s ESG practices. In addition, host communities, as well as certain governmental and non-governmental actors, are increasingly focused on a company’s ability to operate in a sustainable manner and to mitigate related risks, as well as the public commitments and quantitative metrics used to demonstrate performance and track progress. For AngloGold Ashanti, this includes, in particular, the safe operation of its mines, mitigating its impact to local environments and affected communities and reducing GHG emissions in line with the Company’s voluntary commitments. If AngloGold Ashanti’s performance fails to meet internal or adopted external ESG standards, or AngloGold Ashanti otherwise fails to satisfy stakeholder expectations with respect to its commitments and performance, regardless of whether there is a legal requirement to do so, such failure could result in reputational damage to and litigation against the Company and its business, financial condition, and/or stock price could be materially and adversely affected.

In particular, AngloGold Ashanti faces increasing pressures from stakeholders, who are increasingly focused on climate change, to prioritise energy efficiency in its operations, reduce its carbon footprint and improve water and other resource consumption, as well as to be transparent about their investmenthow climate-related risks and opportunities are managed throughout the supply chain to foster and promote business resiliency, accountability and stakeholder value. AngloGold Ashanti has implemented numerous initiatives since 2008 to reduce its GHG emissions by installing new technology, such as heat pumps and underground cooling and water treatment systems, reducing power consumption and improving energy efficiency. AngloGold Ashanti has also made certain voluntary commitments to take future actions, including to achieve net zero Scope 1 and 2 GHG emissions by 2050, to achieve a 30% absolute reduction in Scope 1 and 2 GHG emissions by 2030 (as compared to a 2021 baseline), and, in partnership with value chain partners, to set Scope 3 GHG reduction targets, if not by the end of 2023, as soon as possible thereafter. AngloGold Ashanti.Ashanti continues to enhance its governance around climate-related risks and opportunities, including implementing the action plans of its Climate Change Strategy, which was approved by its board in November 2021. Nevertheless, AngloGold Ashanti may be required to implement even more stringent ESG practices or standards to meet the expectations of existing and future stakeholders and, if the Company fails to achieve these objectives or to adhere to internal or adopted external standards, or is perceived to be insufficiently committed to addressing ESG concerns across all of its operations and activities, the Company’s reputation and brand image could be damaged, it could lose the trust of its stakeholders (including governments, NGOs, investors, customers and employees) or be subject to litigation brought by those stakeholders, and its business, financial condition and results of operations could be adversely impacted.



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’sAngloGold Ashanti’s financial statements for external purposes in accordance with International Financial Reporting Standards (IFRS)(“IFRS”) as issued by the International AccountAccounting Standards Board (IASB)(“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 (Exchange Act) is recorded, processed, summarizedsummarised and reported within the time periods specified in the rules and forms of the SEC. These disclosure controls and procedures include without limitation, controls and procedures designed to ensure that information required to be disclosed by the companyCompany in reports that it files or submits under the Exchange Act is accumulated and communicated to the company’sCompany’s management, including its chief executive officer and chief financial officer, as appropriate to allow timely decisions regarding disclosure. 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 or disclosure controls and procedures, investors may lose confidence in the reliability of its financial statements and this may have an adverse impact on investors’ abilitiesability to make decisions about their investment in AngloGold Ashanti. See “ItemItem 15: Controls and Procedures”Procedures.



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



AngloGold Ashanti maintains global information, digital technology (“DT”) and communication networks and applications to support its business activities. AngloGold Ashanti outsources several digital 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, cloud infrastructure, data centre management, server/personal computing support, enterprise resource planning business applications, email and digital documents and the Cyber Security Operations Centre.





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AngloGold Ashanti must continuously monitor the solutions implemented to support its global digital technology and communication networks and applications to maintain a suitable and well-managed environment. There 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, safety incidents, 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 late 2020, a threat to the Company’s computer systems was detected and neutralised within hours in connection with the SolarWinds supply chain compromise which affected over 18,000 companies. The systems affected were limited to network monitoring applications in Brazil which monitored certain technology systems across the local network. In addition, there was a notable increase in phishing campaigns linked to COVID-19 in the second half of 2020 which continued through the first half of 2021. A sharp increase in ransomware-related threats have also been recorded throughout the mining industry with several high-profile organisations experiencing disruptions.

Digital 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 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 essential 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, the penalties for failure to comply with the South African Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) are severe and may include an administrative fine of up to R10 million or imprisonment of up to ten years. The European General Data Protection Regulation (“GDPR”) may lead to administrative fines of up to €20 million or four percent of a company’s total worldwide annual turnover of the preceding financial year, whichever is higher. Also, the GDPR has a scope that extends beyond the borders of the EU and does not only affect EU operations.

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. Accordingly, there may be less publicly available information concerning AngloGold Ashanti than there is for U.S. public companies. For example, AngloGold Ashanti has a half-yearly reporting cycle and does not publish reviewed financial statements and analyses of operating and financial results for the quarters ended 31 March and 30 September of each year. In addition, AngloGold Ashanti is not required to file periodic reports and financial statements with the SEC as frequently or as promptly as U.S. companies whose securities are registered under the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”). As a result, investors 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’ ability to make decisions about their investment in AngloGold Ashanti.






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Table of Contents

ITEM 4: INFORMATION ON THE COMPANY




4A.HISTORY AND DEVELOPMENT OF 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 companyCompany 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, a Company incorporated under the laws of the Republic of South Africa, is headquartered in Johannesburg, South Africa. The companyCompany (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 “SA Companies Act)Act”).


The Company’s legal and commercial name is AngloGold Ashanti Limited. Its registered office is at 76 Rahima Moosa Street, Newtown,112 Oxford Road, Houghton Estate, Johannesburg, 2001,2198, South Africa. The general telephone number is +27 11 637 6000 and the internet address is
https://www.anglogoldashanti.com. 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.


While AngloGold Ashanti’s primary listing is on the Johannesburg Stock Exchange (JSE), the companyCompany is also listed on the New York Stock Exchange (NYSE), the Ghana Stock Exchange (GhSE) and the Australian Securities Exchange (ASX). AngloGold Ashanti was approved for a secondary listing on A2X Markets (A2X) in South Africa and its shares were admitted to trading on A2X on 6 June 2022. AngloGold Ashanti’s issued share capital will be unaffected by the additional listing on A2X. 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 companyCompany 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.






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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 theColorado, 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.

2018
Completion of the sales of the Moab Khotsong and Kopanang mines during 2017 with the transactions concluding on 28 February 2018.in South Africa for $300 million and $9 million, respectively.


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 saleSale of the remaining South African producing assets and related liabilities.liabilities to Harmony for $200 million plus deferred consideration based on future production at the Mponeng mine.

Completion of the sales of the Sadiola and Morila mines in Mali for cash proceeds of $25 million and $1 million, respectively.

2021
Announcement of offer to purchase Corvus Gold Inc. (“Corvus Gold”), in Nevada USA.

2022
Acquisition of the remaining 80.5 percent interest in Corvus Gold, for a cash consideration of $365 million.
Acquisition of 100 percent of Coeur Sterling, Inc. (“Coeur Sterling”), in Nevada, USA for a cash consideration of $152 million.

2023 YTD
On 16 March 2023, AngloGold Ashanti and Gold Fields Limited (“Gold Fields”) announced that they have agreed the key terms of a proposed joint venture in Ghana between Gold Fields' Tarkwa and AngloGold Ashanti's neighbouring Iduapriem Mines.


CAPITAL EXPENDITURE AND DIVESTITURES


For information concerning the company’sCompany’s principal capital expenditures currently in progress, including the distribution of these investments geographically and the method of financing, refer to “Item“Item 4B: Business Overview -AngloGoldOverview—AngloGold Ashanti Global Operations: 2019”2022”, “Item 5A: Operating Results-Capital expenditure”Results—Comparison of capital expenditure in 2022, 2021 and 2020” and “Item 5B: Liquidity and Capital Resources”.


For information concerning the company’sCompany’s divestitures, currently in progress, including the sale of the remaining South African producing assets and related liabilities announcedcompleted on 12 February30 September 2020, refer to “Item 5A:“Item 5: Operating Results-Subsequent events”, “Item 18:and Financial Statements-Note 37-Subsequent events”Review and “Item 18: Financial Statements-Note 9-Discontinued operations and assets and liabilities held for sale”Prospects—Overview”.








4B.BUSINESS OVERVIEW




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4B.    BUSINESS OVERVIEW

AngloGold Ashanti Limited (AngloGold Ashanti) is an independent, global gold mining company with a diverse high-quality portfolio of operations, projects and exploration activities across 11nine countries on four continents. While gold is our principal product, we also produce silver (Argentina) and sulphuric acid (Brazil) as by-products. We are developing projects in Colombia, including the Quebradona mine that is expected to produce both gold and copper, and continuing exploration activities in the United States. The Company is headquartered in Johannesburg, South Africa. Measured by production, AngloGold Ashanti is the third largest gold mining company in the 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%,99.5 percent, 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.


OPERATIONS


OurWe have developed a high-quality, well-diversified asset portfolio, of 14including production from ten operations in seven countries (Argentina, Australia, Brazil, Ghana, Guinea, the DRC and threeTanzania) supported by greenfields projects in nine countries, excluding our South African assetsthe United States and Sadiola mine which are held for sale,Colombia along with a focused global exploration programme. Our portfolio comprises long-life, operating assets with differing ore body types, located in key gold-producing regions around the world.


Our operations and projects are grouped regionally as follows:
South
Africa (West Wits(DRC, Ghana, Guinea and Surface Operations)Tanzania);
Continental Africa (Democratic Republic of the Congo, Ghana, Guinea, Mali and Tanzania);
Americas (Argentina and Brazil, and projects in the United States and Colombia); and
Australia (Australia).

Over the past few years, AngloGold Ashanti has transformed itself by increasing efficiencies and 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 our 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 focused on creating significant value for the company'sCompany’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,arrangements, strategic alliances and wholly-ownedwholly owned ground holdings. AngloGold Ashanti’s discoveries include La Colosa Gramalote and Quebradona (Nuevo Chaquiro) in Colombia.Colombia and Silicon, North Bullfrog, Mother Lode and Sterling in Nevada, USA.


GOLD MARKET AND JEWELLERY DEMAND


During 2019,According to the World Gold Council, 2022 was the strongest year for gold demand in over a decade and saw an annual average market spot gold price of $1,802 per ounce. Demand for gold rose 18 percent to 4,741 tonnes in 2022, with a ten percent increase in investment demand which reached 1,107 tonnes and a two percent increase in demand for gold bars and coins to 1,217 tonnes. Demand for gold in technology saw a full year decline of seven percent as deteriorating global economic conditions hampered demand for consumer electronics and jewellery consumption softened by three percent at 2,086 tonnes as 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 426% year-on-year.

Inprice surged in the fourth quarter of 2019, central2022.

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 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 10 percent year on year droppurchasing in the fourth quarter demand to 584.5of 2022 was 417 tonnes with full year buying at 1,136 tonnes. In US dollar terms, gold jewellery demand grew by 3 percent to a five-year high

For more information, see “Item 5A: Operating Results—Introduction”.




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Table of $94.3 billion. Much of this came from a 9 percent year on year increase in the fourth quarter demand, which reachedContents


$27.8 billion, a seven-year high. Technology demand for gold weakened contributing to a 2 percent fall in demand for gold in the sector.

Total 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 1 percent year 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, also contributed to 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“Item 18: Financial Statements-Note 2-SegmentalStatements—Note 2—Segmental Information”.


However, gold producers do compete against each other for acquisition of mining assets, exploration opportunities and human resources. See “Item“Item 3D: Risk Factors”Factors—AngloGold Ashanti faces strong competition and industry consolidation”.


SEASONALITY


Subject to other factors and unforeseen circumstances, in the first 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’sCompany’s costs. We are not currently experiencing any supply shortages on critical consumables utilised in the production of gold across our global operations. In addition, our stocking strategies account for potential lead time variation and supply constraints, thus minimising the risk of changes in the marketplace. While commodity pricing is subject to volatility over time, our contractual terms limit future changes. However the war in Ukraine has led to a sharp increase in oil and energy prices, which are important costs for the Company's business. In 2022, prices for several hard and soft commodities had reached their highest levels in a decade or more, or in some cases had set records. The higher cost for basic commodities used in our host countries and communities, and as key production inputs, could impact the costs of our raw materials.


STRATEGY


AngloGold Ashanti’s core strategic focusThe overall aim of our strategy is to generate sustainable cash flow improvements and returns by focusing onover the longer term and, in so doing, to create and preserve value for all our stakeholders.

We have five key strategic focus areas namely: people, safetywhich enable us to deliver on our overall strategy which is to create value. They guide decision-making and sustainability; ensuring financial flexibility; actively managing all expenditures; improving the qualityare aimed at generating increased cash flows; extending mine lives; creating an organic pipeline of economically viable orebodies; and enhancing our portfolio; and maintaining long-term optionality.social licence to operate.


Strategic focus areas
AngloGold Ashanti’s five strategic focus areas are set out below:
Focus onPrioritise people, safety, health, environment and sustainabilitycommunities. People areThis strategic focus area embodies our corporate ethos and encompasses our sustainability performance. It underpins our business strategy and the foundationdelivery of our business. Our business must operate according tosustained, long-term value creation and is aligned with our values if it is to remain sustainable inand responsibilities as a corporate citizen. This strategic focus area covers our employees, their safety, health and wellbeing, communities and the long term.
environment.
PromoteMaintain financial flexibility. We must ensure our balance sheet always remainsis 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.
objectives.
Improve portfolio quality. AngloGold Ashanti builds on its portfolio quality through projects such as our FP programme to ensure optimal mine performance. We haveare flexible in delivering on our mine plans, allowing for the best results, as we progress our projects and replace our production with a portfoliogrowing Mineral Reserve and Mineral Resource base.
Maintain long-term optionality. As part of assets that must be actively managed to improve the overall mixfocused and responsible management of our production base as we strive for a competitive valuation as a business.
Maintain long-term optionality. While we are focused on ensuringMineral Resource and Mineral Reserve, our exploration programme and related planning is vital in optimising the most efficient day-to-day operationoperating lives of our portfolio. Through continued exploration and the acquisition of properties that are a good fit with our business and offer reserve potential, we must keep an eye on creating a competitive pipelineadd to the long-term sustainability of long-term opportunities.
AngloGold Ashanti.


INTELLECTUAL PROPERTY


AngloGold Ashanti, as a group, is not dependent on intellectual property (including patents or licences), industrial, commercial or financial contracts (including contracts with customers or suppliers) or new manufacturing processes for the conduct of its business as a whole.






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THE REGULATORY ENVIRONMENT ENABLING ANGLOGOLD ASHANTI TO MINE


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


AngloGold Ashanti is subject to a wide range of laws and regulations governing all aspects of its operations, including such areas aswith respect to environmental protection, reclamation, exploration, development, production, taxes, immigration, labour standards and employment issues, occupational health, mine safety, dam 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 or suspension of 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,Group, without the prior consent of the local government or minority shareholders involved. See “Item“Item 10D: Exchange controls” for details.


For more information on the risks and uncertainties associated with AngloGold Ashanti’s mining rights, see “Item“Item 3D: Risk factors”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, OreMineral 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 OreMineral 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


As part of the South African asset sale, AngloGold Ashanti Limited sold its remaining three mining rights in South Africa to Golden Core Trade and Invest (Pty) Ltd (“Golden Core”) and Harmony Gold Mining Company Limited pursuant to a sale agreement concluded on or about 12 February 2020, as amended and reinstated from time to time (the “SA Sale Agreement”). These mining rights relate to operations in the West Wits area.

General laws relating to mining


The Mineral and Petroleum Resources Development ActMPRDA

Mineral and Petroleum Resources Development Act


The Mineral and Petroleum Resources Development Act, No. 28 of 2002 (MPRDA)(the “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 isdisadvantaged and 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(the “MPRDAA”) became effective on 7 June 2013. Its purpose is to amend the MPRDA in order to, amongst other things:
makeOn 23 April 2004, 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 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(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,order to implement 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)provisions of the MPRDA and took effectMPRDAA. These implementation regulations were amended on 1 May 2004. 27 March 2020.

The Mining Charter,mining charter

Since 2004, committed all stakeholdersa series of mining charters have been adopted in South Africa with the mining industry to transfermain purpose of transferring part of the ownership of 26 percent of theirmining assets to black or historically disadvantaged South Africans (HDSAs)(“HDSAs”) within 10 years. The Mining Charter, 2004a certain time period. Such mining charters 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,In 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)2004 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 from 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 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 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)(the “2018 Mining Charter”) was published, and became effective onrepealing all prior mining charters. In September 2021, the same date. TheHigh Court of South Africa (Gauteng Division) held that the 2018 Mining Charter 2018 repeals the Mining Charter, 2004; the Mining Charter, 2010;is a policy document and the Mining Charter, 2017.does not, per se, bind holders of mining titles. 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 toHigh Court also set aside certainvarious provisions of the 2018 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;Charter. In November
Mining companies must have Historically Disadvantaged Persons (as defined in the MPRDA) representation at various levels



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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 for2021, the South African minerals industry (Code) which was publishedDepartment of Mineral Resources and Energy (“DMRE”) informed the parliamentary portfolio committee on 29 April 2009. mineral resources and energy that it does not intend to appeal the outcome of the judgement, but instead will consider steps to achieve the empowerment objectives through legislative amendments to the MPRDA.

The CodeB-BBEE Act

The Broad-Based Black Economic Empowerment Act, No. 53 of 2003 (the “B-BBEE Act”) is a guiding documentlaw of general application in respect of Broad-Based Black Economic Empowerment (“B-BBEE”) and its purpose isenables the Minister of Trade and Industry to set out administrative principles to enhance implementationdrive B-BBEE across all sectors 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 Januaryeconomy. In 2014, the President of South Africa assented to the Broad-Based Black Economic Empowerment Amendment Act, No. 46 of 2013 (BBBEE(the “B-BBEE Amendment Act). The BBBEE Amendment ActAct”) came into effect on 24 October 2014 with the object of amending the Broad-Based Black Economic Empowerment, 2003 (BBBEE Act)B-BBEE 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.

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 thenas 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(the “NEMA”) 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,From an environmental perspective, given the Regulations Pertainingwide scope of the statutory duty of care in South African environmental law, erstwhile land owners may be held liable for historic contamination by the regulatory authorities. The “polluter pays” principle in South Africa enables the competent authority to seek recourse against various responsible parties based on their historical or current relationship to the Financial Provision for Prospecting, Exploration, Miningsource and receptor of degradation or Production Operations were published inpollution. The duty of care also applies retrospectively to significant pollution or degradation that occurred before the Government Gazette No. 39425 under GNR. 1147 (Financial Provision Regulations, 2015)entry into force of NEMA (i.e., 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)29 January 1999), as was previouslywell as significant pollution or degradation that arises or is likely to arise at a different time from the case;
requiringactual activity that caused the holder to annually assess environmental liability estimates and adjust the financial provision to the satisfaction of the MRE Minister;
requiring the holder to submitcontamination (e.g., latent or residual impact) or arises through 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 issuanceact or activity 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 operationperson that exacerbates pre-existing contamination. The authorities can also seek compensation in respect of latent, residual or any other environmental impacts, including the pumping of polluted or excess water, for a prescribed period. Thisclean-up measures that it 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 effectrequired to take on behalf of the Financial Provision Regulations, 2015, holdersresponsible parties and apportion liability amongst the responsible parties, which could make financial provision for annual rehabilitation, final rehabilitationtechnically include a historic landowner or mining company that caused the pollution. Although the purchasers of AngloGold Ashanti’s assets in South Africa have contractually assumed all environmental liability associated with its former South African operations and post-closure residual impacts and water pumping by adding up the total amount for these three types of rehabilitation and making financial provisionagreed to indemnify AngloGold Ashanti for the same, using one orthere remains a mixrisk, at least theoretically, of four methods:
depositing cash instatutory liability to the DMRE bank account;state.
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,Pursuant to the SA Sale Agreement, AngloGold Ashanti and Golden Core executed a mining right will be granted to a successful applicant for a period not exceeding 30 years. Thereafter,notarial deed of cession of the mining rights may be renewed for additional periods not exceeding 30 years at a time. A mining right can be cancelled if the mineralwith DMRE references GP 30/5/1/2/2/01 MR and GP 30/5/1/2/2/248 MR 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 yearstransfer 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 threecede these mining rights in South Africa. These mining rights relate to operations inGolden Core (the “Deed of Cession”). On 14 June 2021, the West Wits area and have been successfully converted, executed andDeed of Cession was registered as new order mining rights at the Mineral and Petroleum Titles Registration Office (MPTRO)(the “MPTRO”). Mining

With respect to the 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 rightheld under DMRE reference 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 submittedGolden Core agreed to make an application in terms of section 102 of the MPRDA in March 2017 to consolidateat the company’s three mining rights and its mining permit in South Africa into one singleDMRE after the closing date of the SA Sale Agreement requesting, among other matters, the incorporation of this mining right (GPinto the mining right with DMRE reference GP 30/5/1/2/2/01 MR) (Consolidation Application)MR (the “Harmony Consolidation Application”). The Consolidation Application requested the DMREAngloGold Ashanti also executed a notarial conditional deed of abandonment pursuant to suspend the renewal applications forwhich it conditionally abandons this mining right GP 30/5/1/2/2/11 MR and mining permit GP 30/5/1/2/2/174 MP in order to processterms of section 56(f) of the MPRDA (the “Deed of Abandonment”) on condition that ministerial consent is granted in respect of the Harmony Consolidation Application. The DMRE acknowledged theHarmony Consolidation Application, in July 2018 andwhich was submitted to the DMRE on 17 January 2022, is currently consideringstill pending. On the date of the grant of the Harmony Consolidation Application.

In addition,Application, AngloGold Ashanti holdswill cease to be a refining licence (AP06789)holder of any mining rights in South Africa. Once the transaction has been fully implemented, the general laws relating to mining outlined above will no longer be applicable to the Vaal River area expiringCompany, other than the statutory duty of care in 2039.terms of NEMA as described above.




CONTINENTAL AFRICA REGION


Democratic Republic of the Congo (DRC)


General laws relating to mining


The mining industry in the DRC is primarily regulated by lawLaw No. 007/2002 dated 11 July 2002 (2002(the “2002 DRC Code)Code”), as amended and supplemented by lawLaw No. 18/001 dated 29 January9 March 2018 (Reformed(the “Reformed DRC Mining Code)Code”) and decreeDecree No. 038/2003 dated 26 March 2003, as amended and supplemented by decreeDecree No. 18/024 dated 8 June 2018 (Reformed(the “Reformed DRC Mining Regulations)Regulations”).


As regards



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With respect to the application of the Reformed DRC Mining Code and Reformed DRC Mining Regulations, Kibali Goldmines SA (Kibali)S.A. (“Kibali Goldmines”) 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, in particular under article 220 of the Reformed DRC Mining Code which provides that the Prime Minister of the DRC may grant a number of incentives to provinces with infrastructure deficits to encourage economic development from mining resources, are ongoing.


In accordance with prior mining legislation, companiesCompanies 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-yearten-year stability provision.provision in accordance with prior mining legislation. 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 andor 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 renewable once for a further five-year period or in the form of miningexploitation permits which are granted for an initial period of 25 years. Anyears, renewable several times for 15-year periods until the end of the mine’s life. Prior to commencing exploration work, the holder of an exploration permit may, at any time before expiry, be transformed partially intomust submit for approval a mining permit or a small-scale mining permit. Miningmitigation and rehabilitation plan pursuant to which it must undertake to carry out certain mitigation measures of the impact of its activities on the environment, as well as rehabilitation measures. Exploitation permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental and social impact study and an environmental and social management plan.

The holder of a miningan exploitation permit is required to commence development and mine construction within three years of the awardgrant of such permit. Failure to do so may lead to forfeiture of the miningexploitation 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 miningexploitation permit, the Reformed DRC Mining Code provides, depending on the nature of athe dispute or threat,controversy, administrative, judicial and national or international arbitral recourses.


Mining companies are required to grant a free-carried and non-contributory participation to the DRC government. The DRC government’s free participation was originally set at five percent, which was increased to ten percent in respect of exploitation permits issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional five percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a ten percent local contributory participation is also mandatory for exploitation permits issued after its entry into force.

Tax laws relating to mining


The Reformed DRC Mining Code sets out an exclusive and exhaustivecomprehensive tax and customs regime that is 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 (subject to certain prerequisites) 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 In the DRC, government. The DRC government’s free participation was previously set at 5 percent but was increasedKibali Goldmines is due certain refunds of VAT which, to 10 percentdate, remain outstanding. During 2022, AngloGold Ashanti did not recover any VAT offsets and refunds from its operations in respect to mining titles issued after the entry into forceDRC. We believe that our attributable share of the Reformed DRC Mining Code. All mining companies are requirednet recoverable VAT balance (including recoverable fuel duty and after discounting provisions) owed to grant an additional 5 percent free-carried participation tous by the DRC government upon each renewalamounted to $86 million as of their exploitation permit. Under31 December 2022. While an agreement was reached with the Reformed DRC Mining Code, a 10 percent local contributory participation is also mandatorygovernment on the reimbursement of the refundable VAT in 2018, uncertainty remains regarding the timing and level of cash receipts and offsets against other taxes for mining titles issued after its entry into force.purposes of the recovery of our VAT receivables in the DRC.

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 theForeign exchange control regime

The Reformed DRC Mining Code providesimposed new exchange control rules requiring that mining title holders repatriate onshore 60 percent of sale revenues received during the Prime Minister ofinvestment amortisation period and 100 percent once the DRC may grant a number of incentives to provinces sufferinginvestment amortisation is completed.

During 2022, AngloGold Ashanti repatriated $694 million 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 residentits operations in the DRC, in the form of dividends from Kibali (Jersey) Limited. Kibali (Jersey) Limited received such cash from Kibali Goldmines in the form of loan repayments (net of bank fees) (AngloGold Ashanti’s attributable share: $658 million) and dividends (net of withholding taxes) (AngloGold Ashanti’s attributable share: $36 million). Our attributable share of the outstanding cash balances awaiting repatriation from the DRC amounted to companies resident in South Africa from 20 percent$40 million as of 31 December 2022. The cash is fully available for the operational requirements of Kibali Goldmines. The cash and cash equivalents held at Kibali Goldmines are subject to 5 percentvarious steps before they can be distributed to Kibali (Jersey) Limited and on interest paid by companies residentare held across four banks in the DRC, to companies resident in South Africa from 20 percent to 10 percent. A South African company must own at least 25 percentincluding two domestic banks.



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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 Kibali gold mine is owned by Kibali Goldmines SA (Kibali) which is a joint venture between Barrick Gold Corporation (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto SA (SOKIMO)S.A. (“SOKIMO”) (10 percent) which represents the interest of the DRC government. AngloGold Ashanti and Barrick Gold Corporation each have a 50 percent interest in Kibali (Jersey) Limited which holds their respective 45 percent interest in Kibali Goldmines.

The Kibali gold mineproject is operated by Barrick.


KibaliBarrick Gold Corporation and comprises 10ten exploitation permits, of which seveneight expire in 2029 and threetwo in 2030. The Kibali gold project coversThose exploitation permits (11447, 11467, 11468, 11469, 11470, 11471, 11472, 5052, 5073, and 5088) cover an area of approximately 1,836 km2in 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)(the “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)(the “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 and development agreements. Stability agreements asguarantee for a mechanism to guaranteeperiod of 15 years certain terms and conditions mainly fiscal,(mainly fiscal) to which a company’s operations are subject for a period of 15 years. Stabilitysubject. Development agreements are subject to ratification by Parliament. A development agreement, as provided for by the GMM Act, may be made availablegranted to a mineral right holder with a proposed investment exceeding USD 500 million.that proposes to invest over $500 million in its mineral operations in Ghana. The GMM Act also provides that the terms of apermits stability provisions to be incorporated into development agreement may contain stability terms as provided for in stability agreements. AStability and development agreement isagreements are subject to parliamentary ratification.

In January 2020, the Minerals Commissionit was proposed certain amendments tothat the GMM Act including, among other measures, the abolishment ofbe amended by abolishing development agreements and shortening the shorteningmaximum term of stability agreements from a period not exceeding 15 years to a period of five years (with a possible extension of anotherfor a further five years). The Minerals Commission is currently engaging with stakeholders on If the GMM Act were amended along these proposed amendments. Following this engagement, the Minerals Commission may present the proposedlines, such 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 willretroactively and would therefore not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below). Those amendments to the GMM Act have not yet been adopted.


Ghana Stability Agreement


On 18 FebruaryIn 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,Limited, AngloGold Limited and the Government of Ghana agreed:
to extend the termsigned a stability agreement (the “Ghana Stability Agreement”) governing certain aspects of the mining lease relating tofiscal and regulatory framework within which 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 operationscompany would operate 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 makeIn June 2018, 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 subjectceased 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 relationapply to the Obuasi mine AngloGold Ashanti (Ghana) Limited (AGA Ghana) negotiatedbecause of the parliamentary ratification of a new development agreement and a new tax concession agreement with the Government. These regulatory and fiscal agreements, which govern the redevelopment of the Obuasiin relation to that mine have received parliamentary approval in June 2018. As a result of the ratification of these agreements, the(as described below).
The Ghana Stability Agreement ceasedcontinued 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 expirationthen, AngloGold Ashanti (Iduapriem) Limited (AGA Iduapriem) does not benefit from any peculiar tax concessions or other protections resulting(“AGA Iduapriem”) no longer benefits from the Ghana Stability Agreement anymore. Relevant engagements are currently ongoing betweenAgreement. AGA Iduapriem with the Minerals Commission to obtain a new stability agreementbenefits from certain concessions under two deeds of warranty, including exemptions from withholding taxes on dividends, interest and tax concession agreementpayments for the Iduapriem mine.foreign services, and allowable deductions.


Obuasi Development Agreement


On 21 June 2018, Parliament ratified the Development AgreementAngloGold Ashanti (Ghana) Limited (“AGA Ghana”) negotiated a new development agreement in relation to the Obuasi mine (Obuasi DA)(the “Obuasi DA”) with the Government of Ghana. On 21 June 2018, the Ghanaian Parliament ratified the Obuasi DA which contains stability terms as provided for in stability agreements.

The Obuasi DA confers the followinga number of rights and obligations on AGA Ghana with respect to the Obuasi mine:
Stabilizationmine, including, among other matters, (i) the stabilisation of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of 10ten years with(with a potential of it being extended for five years;
Confirmation of accounting currency to be US dollars;
Rightyears); (ii) the 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;
ObligationGhana; (iii) obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians, entities incorporated or formed in GhanaGhanaians; 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(iv) the right to peaceful enjoyment and protection against expropriation.








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Obuasi Tax Concession Agreement


The fiscalFiscal terms, which willwould 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)(the “Obuasi TCA”) was signed with the Government. On 21 June 2018, the Ghanaian Parliament ratified the Obuasi TCA.

TCA with a concession period until 31 December 2027. The key termsObuasi TCA contains a number of tax concessions for AGA Ghana with respect to the Obuasi TCA are as follows:
Corporate Income Tax to bemine, including, among other matters, (i) a corporate income tax rate of 32.5 percent or such lower rates as may be fixed by law (current(instead of the current statutory rate isof 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 (ii) exemption of certain items from Import Duty;
Exemption of the following transactions from Capital Gains Tax:
an issue of shares bycapital gains tax; (iii) 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;
Slidingsliding scale royalty rate ranging from 3three percent to 5five percent for a price ranging from $1,300$1,300 up to $2,000$2,000 and above per ounce instead(instead of the current flat rate of 5 percent;
Exemption from the payment offive percent); and (iv) certain VAT on items imported under the Import Duty List up to 31 December 2023;exemptions 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 for no consideration 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(a “Golden Share”). A Golden Share in AGA Ghana. Under the Ghana Stability Agreement, this Golden Share was issued 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 confirms 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 ofconfers certain rights on the Government or any person acting on behalfin respect of such Government and authorised in writing by such Minister.

The following matters require, and will not be effective without, theAGA Ghana. For example, written consent of the holder of the Golden Share:
Share is required for, among other matters, (i) any amendment to or removal of the relevant provisions of the AGA Ghana Regulations setting out the rights and restrictions attaching toin respect of the Golden Share;
(ii) the voluntary winding-up or voluntary liquidation of AGA Ghana;
the redemption of or purchase by AGA Ghana of the Golden Share;
(iii) 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 (iv) 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 wholeall or a material partsubstantially all 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, theGhana. The holder of the Golden Share is entitled todoes not have 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 anyGhana (by way of dividend or other capital issuances), but is entitled to attend any right to participate in any offergeneral meeting of securities to existing shareholders or in any capitalisation issue.shareholders.

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:regulations, which have been frequently amended over the years:

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; (as amended); 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.•Exemptions Act, 2022 (Act 1083).

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 fencesringfences 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.


Furthermore, mining companies must pay ground rent and royalties. Ground rent is payable annually and is calculated based on the number of cadastral units of land held. Royalties are calculated as a percentage of total revenue from minerals obtained by the mining company. The Government of Ghana currently applies a five percent royalty rate to mining companies who have not agreed a different royalty rate under an agreement with the State. AGA Ghana pays royalties on a sliding scale ranging between three percent and five percent as provided for by the Obuasi TCA. AGA Iduapriem pays royalties at a rate of five percent.

The ITA provides for the carrying forwardprovision of losses for upgoods and services is liable to five yearsvalue added tax (“VAT”) at a revised rate of 15 percent. In addition, there are separate levies, including a 2.5 percent National Health Insurance Levy (“NHIL”), a 2.5 percent Ghana Education Trust Fund Levy (“GetFund Levy”) 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 regardlessone percent COVID-19 Levy. By virtue 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 inObuasi TCA, AGA Ghana to Persons Other Than Individuals) has been increasedis exempt 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.

the NHIL and GetFund Levy. In addition, while AGA Ghana is paying $670 (GHS 3,705 cedis) per km2 per annum for alltechnically exempt from the AGA Ghana leases. Thepayment of the COVID-19 Levy (as it became operational subsequent to the effective date of the Obuasi DA protects AGA Ghana from any increase in ground rent forDA), the duration of that development agreement.Company decided to pay the COVID-19 Levy voluntarily. AGA Iduapriem is also paying $670 (GHS 3,705 cedis) per km2 per annumnot exempt from any of these levies.

The Exemptions Act, 2022 (Act 1083) (“Exemptions Act”) defines the scope of tax exemptions that may be granted under Ghanaian law, and sets out the administrative process for allobtaining a tax exemption. The Exemptions Act requires a person with the benefit of an existing tax exemption to apply to the Ghana Minister of Finance by 11 March 2023 in order to continue to benefit from that tax exemption. The requirement to apply to the Minister of Finance does not affect AGA Ghana (as, by virtue of the Obuasi DA, AGA Ghana is stabilized against the adverse effects of, or obligations imposed by, any new laws). By contrast, AGA Iduapriem leases.

Customs Common External Tariff

Followingis subject to the passageprovisions 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.Exemptions Act.

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), Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462) 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),(the “Ghana EPA”) and, in appropriate cases, the Water Resources Commission, the Forestry 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 undergoThis includes undergoing an environmental impact assessment process that culminates inand, following 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 mustperiodically preparing environmental management plans, which 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



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adverse effects of the mining operations. Approvaloperations, for submission to the Ghana EPA. 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 management plan resultsMinerals Commission for the operation of mines. The environmental permits of AGA Ghana (for the Obuasi redevelopment project and for the construction and operation of tailings and water infrastructure projects) are valid until June 2024. The environmental permits for AGA Iduapriem in connection with (i) gold mining and processing, (ii) the issuancere-mining of Block 5 and for the tertiary crusher installation project and (iii) the construction and operation of a tailings storage facility (“TSF”) expired in August 2021, July 2022 and January 2023, respectively. The renewal process for the AGA Iduapriem environmental permits, which was commenced in advance of the expiry of the permits, is underway.

Environmental laws in Ghana also require mining operators to rehabilitate land negatively impacted by mining operations according to an environmental certificate.

In June 2014,cost reclamation plan agreed with the Ghana EPA. The environmental cost reclamation plan includes two cost estimates, namely the cost of rehabilitating the mining area at the end of the life of the mine as well as the cost of rehabilitating the mine as at the date of the reclamation plan. These estimates are reviewed annually and updated every two years. Each mining company is typically required to secure a percentage (typically between 50 percent and 100 percent) of the estimated rehabilitation costs by posting reclamation bonds underwritten by banks and restricted cash. The terms of each reclamation bond are determined by a reclamation security agreement between that company and the Ghana EPA. Both AGA Ghana and AGA Iduapriem have bank guarantees in place for environmental reclamation liabilities as well as escrow accounts with joint signatories from the Ghana EPA. The guarantees for AGA Iduapriem expired in October 2022, whereas the guarantees for AGA Ghana expired in December 2022. Renewal of the bank guarantees (which commenced in advance of the expiry of the existing guarantees) has not yet been completed due to the continued depreciation of the Ghanaian cedi and its impact on the Bank of Ghana’s single obligor limit. AGA Ghana and AGA Iduapriem have notified 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.resultant delays.

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 areThe Obuasi mine is permitted to retain 80 percent of theirits foreign exchange earnings in an offshore foreign exchange account.account, whereas the Iduapriem mine is allowed to retain up to 75 percent. In addition, the companyCompany has permission from the Bank of Ghana to retain and use USU.S. dollars outside of Ghana to fulfil payment obligations to the company’sCompany’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)(“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 companyCompany 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.Local assaying and refinement policies


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 licenseslicences 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 documentSubsequently, in June 2019, the LNR Minister released a statement reiterating the Government of Ghana’s plans to locally refine 30 percent of the gold produced in the country. Discussions between the Ghana Chamber of Mines and the Government of Ghana’s economic management team in 2019 led to the Chamber agreeing to consider the proposal and for the implementation ofparties to discuss detailed modalities to ensure that a move to locally refined gold does not become detrimental to the program will be executed once the Chambermining industry.

Local content and the PMMC address a few outstanding issues regarding assaying methodologies.

Localisationlocal participation 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 expand2020 (L.I. 2431) came into force on 22 December 2020 with the scopepurpose of local content requirementsdeveloping Ghanaian participation in the mining industry. industry value chain by imposing an obligation on mining companies to procure goods and services with Ghanaian content to the maximum extent possible.




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The draft specifically seeksGovernment’s election to expandpurchase gold

In June 2021, the numberBank of Ghana launched a “Domestic Gold Purchase Programme” through which the Bank of Ghana intends to purchase refined gold from AGA Ghana, AGA Iduapriem and other large-scale mining related businesses requiredcompanies through voluntary arrangements pursuant to complythe Bank of Ghana Act, 2002 (Act 612). The LNR Minister indicated in November 2022 that the Government of Ghana intended to exercise its statutory right of pre-emption pursuant to the GMM Act to compel large-scale mining companies to sell 20 percent of their Ghana gold production and/or the resultant refined gold to the Bank of Ghana in exchange for Ghanaian cedis. Each of AGA Ghana and AGA Iduapriem executed voluntary gold purchase agreements with local content requirements.the Bank of Ghana on 29 December 2022. As at 10 March 2023, the Government of Ghana had not exercised its statutory right of pre-emption as prescribed in the GMM Act.


AngloGold Ashanti’s rights and permits


Obuasi


The currentObuasi mine originally held four contiguous mining lease forleases, namely, the Obuasi, areaBinsere 1, Binsere 2 and Binsere 3 Mining Leases. The Obuasi Mining Lease was granted by the Government of Ghana on 5 March 1994. It grants mining concessions to land with1994, covering 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 overThe Binsere Mining Leases were granted on 9 April 1998, covering an adjacentarea of 140 km2was also granted, resulting, for a term of 30 years from the date of the agreement. All leases in respect of the total area underObuasi mine had been duly ratified in accordance with Ghanaian law. In March 2007, 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.Mining Lease for a further term of 30 years. The mining leaseamended Obuasi Mining Lease was formallyalso ratified by Parliament on 23 October 2008.

The Obuasi Mining Lease will expire in March 2054 and the Binsere Mining Leases in April 2028. The mining leases are renewable. On 3 March 2016, the Minerals Commission approved AngloGold AshantiAGA Ghana’s application to surrender approximately 273.54 km2 of the area to the Government of Ghana, reducing the combined area under AGA Ghana’s 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.

On 15 January 2021, the Minerals Commission approved AGA Ghana is not requiredGhana’s application to pay annual mineral right fees assurrender a further 60.24 km2 of lease area, thereby reducing the AGA Ghana Leases were granted priortotal lease area to 141.22 km2 under three mining leases, namely, the enactment ofObuasi Mining Lease (87.48 km2), the GMM Act which imposes such fees. The GMM Act provides thatBinsere 1 Mining Lease (29.03 km2) and the Binsere 2 Mining Lease (24.71 km2). These mining 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 regulatedcovered by the MineralsObuasi DA and Mining Law, 1986 (PNDCL 153), as amended (notwithstanding the repeal of PNDCL 153 by the GMM Act).Obuasi TCA.


Iduapriem


The Iduapriem mine had been grantedoperates under four different mining leases:leases, namely, the Iduapriem Mining Lease (LVB1539/89) (36.47 km2), the Ajopa Mining Lease (LVB/WR326/09) (46.12 km2), the Teberebie Mining Lease (LVB3722H/92) (28.53 km2) and the Ajopa South West Mining Lease (LR#1109/1999) (28.10 km2). All fourOn 17 February 2020, the mining leases expired between 2018were extended for a further period of 15 years and 2019. All relevant documents were submitted to apply for the renewal of thesuch 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 now expire in February 2025.

AGA Iduapriem is required to pay an annual mineral right fee2035. All leases in respect of $178,000 with respect to the Iduapriem Lease, $136,000mine have been duly ratified in accordance 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.Ghanaian law.


Guinea


General laws relating to mining


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


The Guinea Mining Code is accompanied and implemented by various implementation decrees. To date, various decrees have been adopted,and orders, including decreeDecree D/2014/015/PRG/SGG adopting a model of mining convention, dated 17 January 2014, orderOrder 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, decreeand 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, Decree D/2017/285/PRG/SGG was adopted, which sets forth the modalities regardingconditions for the constitution and management of the Local Development Fund (“Fodel”), as well as Joint Order A/2017/6326/MMG/MATD/SGG, which sets forth the conditions for the use, management and control of the Fodel. Together, these set forth 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)Fodel, which was 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 orderCode. On 13 July 2018, a Joint Order A/2017/6326/2018/5212/MEF/MMG/MB/MATD/SGG setting out the conditions forwas issued, which regulates the use, management and controlmonitoring 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 functioningresources allocated to local authorities pursuant to article 165 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.Guinea Mining Code. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of the joint orderJoint Order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee. On 6 September 2019, Decree D/2019/263/PRG/SGG was issued, which sets forth local content requirements in the framework of the implementation of public and private projects in Guinea. On 27 May 2021, Order A/2021/1229/MMG/SGG was issued to establish the Steering Committee for local content in the mining sector. On 21 October 2022, Law L/2022/010/CNT, dated 22 September 2022, setting up the legal framework for local content in public and private projects was enacted (the “Local Content Act”). In particular, the Local Content Act regulates local employment, procurement of goods and services, and subcontracting




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requirements. As the Local Content Act does not expressly repeal the provisions of Decree D/2019/263/PRG/SGG, those provisions remain in force to the extent that they do not conflict with the Local Content Act.

On 16 June 2020, a new procedure for the export of gold by mining companies was enacted through the adoption of Decree D/2020/113/PRG/SGG, which sets out, amongst other things: (i) when the industrial production tax referred to in article 161-1 of the Guinea Mining Code shall be paid, and (ii) the process to be followed to export gold bullion.

On 27 April 2021, a Joint Order AC/2021/824/MMG/BCRG/SGG was issued establishing the fees and costs charged by the Guinean mining authorities and the Guinean Central Bank in connection with the administrative procedures for the export of gold by industrial and semi-industrial companies.

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 GuineaGroup’s Guinean subsidiary, Société AngloGold Ashanti de Guinée SA (SAG)S.A. (“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 (Mining Concession)(the “Mining Concession”). The Mining Concession covers exploration and mining for gold, silver, diamonds and associated ores, and was originally covered by a mining convention entered into with the Republic of Guinea on 11 Novemberin 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 mining convention (Convention de base (Revised Convention de Base)Base Révisée et Consolidée) (the “Revised Mining Convention”) which encompasses a renewal of the term of the original Convention de Basemining convention and other amendments necessary to support an expansion project proposed to extend the life of the Siguiri mine (the Expansion)“Expansion”).

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

submitted to the Guinean Supreme Court which rendered a favourable opinion (judgment(Judgement N°AC 005 dated 16 January 2017), and ratified by the President of the Republic of Guinea (decree(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, following which it replaced the original Convention de Basemining convention and governs the operations at the Siguiri mine and under the Mining Concession.became effective on 24 January 2017.


Key elements of the Revised Mining 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 continue;
the term of the Mining Concession beingis aligned with the term of the Revised Mining Convention de Base such thatsince the Republic of Guinea committed to maintain the Mining Concession will be renewed as long asfor the entire duration of the Revised Convention de Base remains in force;Mining Convention;
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;Mining Convention;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Mining 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 5five 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: 3three percent if the gold price is USD 1,300$1,300 or less, 5five percent, if above USD 1,300$1,300 and up to USD 2,000$2,000 and 7seven percent if above USD 2,000;$2,000;
SAG will enjoy abenefits from 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 10ten 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.Mining Convention. The Revised Mining 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. While the Mining Concession expired on 4 August 2022, a renewal request had been filed prior to its expiry in accordance with the provisions of the Revised Mining Convention on 1 February 2022. Pursuant to the Revised Mining Convention, the Mining Concession can be renewed for one or more period(s) that cannot exceed ten years each as long as the Revised Mining Convention is in force.


The Revised Mining 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.







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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 replacedprimarily regulated by ordinance No.2019-022/Ordinance No. 2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (2019(the “Mali Mining Code”) and Decree No. 2020-0177/PT-RM dated 12 November 2020 implementing the Mali Mining Code). The revision process of MalianCode. On 8 December 2020, Decree No. 2020-0288/PM-RM enacted the new model mining legislation is not yet completed as the 2019convention referred to in Decree No. 2020-0177/PT-RM.

The Mali Mining Code isapplies 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 previously 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 (conventions d’établissement) 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.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 authorizationsauthorisations (autorisation d’exploration) or exploration permits (permis de recherche). Exploration authorizations and exploration permits, which give their holder the exclusive right to carry out exploration activities over a given area. Exploration authorizationsauthorisations are granted by the Mining Administration (Administration chargée des Mines) for a non-renewable period of three years,months, while exploration permits are granted by Ministerial Order for a period of three years renewable twice for additional 3-year periods.

Applications for exploration authorizationsauthorisations 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 and grants the holder an exclusive right to exploit the named substances and proceed with the processing and commercializationcommercialisation of the substances extracted within its perimeter. Large scale exploitation permits are granted by decree of the Head of Government for a maximum period of 12 years renewable for 10ten 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).

and 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. 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 willMali and assign the large scale exploitation permit for free to this company. The State will have a 10ten 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 5five 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 (save for the exploration authorisation) require an establishmenta mining 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 the Morila, Sadiola and Yatela gold mines, all of which arewere governed by establishmentmining conventions (conventions d’établissement) 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 requirementsThe Morila and Sadiola gold mines were sold in November and December 2020, respectively.

In April 2017, Société d’Exploitation des Mines d’Or de Yatela S.A. (“Yatela”), the relevant permits were issued (subjectcompany operating the Yatela gold mine, began the implementation of a closure plan in order to relinquish 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 Decemberproperty. In February 2019, AngloGold Ashanti announced that it, together withand its joint venture partner IAMGOLD Corporation has agreedannounced an agreement to sell each of their 40 percent interests in Société d’Exploitation des Mines d’Or de Sadiola S.A.Yatela to Allied Gold Corp. This salethe Government of Mali, which holds the remaining 20 percent interest. Completion of the transaction is subject to the fulfilment or waiver of a number of conditions precedent which are expectedand has been delayed several times since 2019 due to be fulfilled or waived by the end of April 2020. Sadiola’s prospectingpolitical instability and exploitation agreement covers approximately 303 km2 and was originally entered into on 5 April 1990. Sadiola has a 30-year permit which expiresrelated events 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.COVID-19 pandemic. 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)Chapter 123 (R.E. 2019), 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(the “Tanzania Mining Act, Chapter 123 (R.E. 2018),Act”) and the Mining Regulations, 2010 (Tanzania2018 (the “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 InspectionRegulations”). The Tanzania



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Table 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.Contents


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 The Mining Act(Local Content) Regulations were amended 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,came into force on 23 September 2022. Those amendments, 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 ofintroduced, among other matters, (i) 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;
ACommission; (ii) local content requirementrequirements in employment and 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, andservices; (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, 5requirements of five percent of a licensee’slicencee’s equity mustto be held by Tanzanians, with at least 80 percent of its managerial positions to be held by Tanzanians and 100 percent of non-managerial and other positions to be 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(iv) regulations for the conductgovernment warehousing of Corporate Social Responsibility (CSR), whereby a company is requiredminerals prior 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; andexport/sale.
Cancellation of retention licences; right over such licences revert to the Government of Tanzania.



Minimum shareholding and public offering


TheIn 2016, 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 theas amended, Tanzania Mining Act.

was adopted. 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 6six months of the regulations coming into force, which was on 24 February 2017. However, we believethe Company believes the listing requirement conflicts with the mining development agreement. In September 2020, the Government of Tanzania published the Mining (Minimum Shareholding and Public Offering) (Amendment) Regulations, 2020, which exempts companies holding special mining licences from local listing requirements if such mining company has entered into an agreement with the Government of Tanzania that provides for a non-dilutable free-carried interest in such mining company and an economic benefits sharing arrangement.


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 therecent legal and fiscal changes mentioned above, givenadopted by the Government in light of their mining development agreements which guarantee (i) fiscal and regulatory stability, as well asand (ii) 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 declaratoryDeclaratory relief is sought in accordance with the terms of the company’s existing mining development agreement to preserve the company’its and its shareholders’ rights and interests in the Geita gold mine, includingmine. AngloGold Ashanti is seeking 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, the company does not fall within the scope of the new mining legislation under whichthat includes, among other things, (i) listing requirements; (ii) an increase in the rate of revenue royalties from four to six percent and a one percent clearance fee; and (iii) a right for the Government of Tanzania has the right to (i)(a) renegotiate existing mining agreements at its discretion, (ii)(b) receive a non-dilutable, free-carried interest of no less than 16 percent in all mining projects, and (iii)(c) 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.company. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirement,requirements, 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“Item 8A: Legal Proceedings-Tanzania”.


MineralCategories of 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)Mining Commission (“MC”) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MEMMC may then grant a form of licence for mining. Licensing decisions take into account the abilitiesThree categories 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, licences for mining, and licences for ancillary activities. Licences for Exploration:
exploration include prospecting licence;licences and
gemstone prospecting licence.

licences. Licences for Mining:
mining include special mining licencelicences (if the proposed capital investment is equal to at least USD 100$100 million);
, mining licencelicences (if the proposed capital investment is equal to between USD 100,000$100,000 and USD 100$100 million); and
primary mining licencelicences (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, once granted, 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. Thelicence and such 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 noticeSpecial



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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 aimposts. A special mining licence holder may, in certain circumstances, unilaterally amend the programme of the mining operations agreed with the MEM.MC.


Tax laws relating to mining


Finance Act

TheCurrently, the main tax laws in Tanzania comprise 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), which came into force on 1 July 2017, and imposescurrently the Finance Act, 2022 (No. 5), which came into force on 1 July 2022. All tax laws impose and altersrevise 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.minerals were introduced. 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 1one percent of the gross value of the minerals has been paid by the exporter or any other person in possession thereof. Local government levies and environmental management fees and charges apply as well.


Value Added Tax Act

TheEffective 20 July 2017, the Value Added Tax Act, 2014 (No. 5) (VAT Act), which came into force on 1 July 2015, restricts(the “VAT Act”) was amended in order to restrict VAT relief on purchases madefor VAT input tax paid by mining companies. Thecompanies on goods and services. Prior to the enactment of this amendment to 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, followingrelief in respect of the signaturegoods and services they purchased. The amendment prohibits refunds for VAT input tax incurred on a series of an addendumraw products, including the exportation of “raw minerals”. Subsequently, the Tanzania Revenue Authority (“TRA”) denied our applications for VAT input credit refunds, which amounted to a total of $153 million (after discounting provisions) as of 31 December 2022, covering the mining development agreement, Geitaperiod from July 2017 onwards, on the basis that all of the gold mine is required to pay local government a service levydoré that we export constitutes “raw minerals” for purposes of 0.3 percentthe VAT Act. In response, the company filed formal notices of its gross annual turnover in lineobjection 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 feesTRA stating that the exportation of gold doré is, in relation to the review of the Environmental Impact Assessment on projectsits view, not covered by the National Environmental Management Council (NEMC). According torestriction since doré does not fall within the EM Regulations, the fees involved are “0.1 percentcategory 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“raw minerals” as used in the country are requiredVAT Act. On 22 February 2019, the Tanzania Mining Act was amended to apply and be grantedintroduce a work permit before applyingdefinition for a residence permit. Before granting“raw minerals” which supports our interpretation that gold doré is excluded from the work permit,prohibition. On 1 July 2020, the Labour Commissioner must satisfy himself that all efforts have been exploredFinance Act, 2020 (No. 8), amended the VAT Act, without retrospective effect, in order to acquire a local expert. Further,remove the company is required to submit a succession plan which sets out a well-articulated planrestrictions on VAT input tax credits for the transferexportation 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“raw minerals” as well as all revenue collecteda series of other raw products. This recent amendment confirms the technical basis for VAT input tax recovery for mineral exporters from July 2020 onwards. VAT claims from July 2020 onwards are subject to verification procedures by the extractive industry.TRA before any refunds will be received. In 2022, the company was able to offset $45 million of verified VAT claims (from July 2020 onwards) against its corporate tax liability in Tanzania. Discussions with the TRA are ongoing to resolve our historical claims for VAT input credit refunds for the period from July 2017 to June 2020.


Natural resources, export and other rules

Natural resources legislation


The Government ofIn 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(the “Unconscionable Terms Act)

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

Implementing regulations were published in January 2020. The Natural Resources lawsLaws 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 secureAssembly to ensure that they are in 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. A term is considered “unconscionable” under the Unconscionable Terms Act if, among other grounds, the requirements or provisions of the agreement restrict 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, secure preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor, deprive the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country, or subject the state to the jurisdiction of foreign laws and foreign courts or tribunals.







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State participation

On 23 September 2022, the Mining (State Participation) Regulations, 2022 (the “SPR 2022”) came into force. The SPR 2022 required every mining licence or special mining licence holder to give notice to the MC to initiate negotiations to enable the Government of Tanzania to acquire a shareholding in the mining operation by 23 December 2022. On 9 December 2022, the company notified the MC that it had already initiated negotiations with the Government of Tanzania prior to the coming into force of the SPR 2022. The Government’s equity interest must consist of a non-dilutable free-carried interest in the mining operation ranging between 16 percent and 50 percent depending, in part, on the quantification of tax expenditures enjoyed by the mining entity during its establishment and on the extent of Government development of public infrastructure servicing the mining operation. The free-carried interest shares (the “FCI shares”) will be regarded as preferred shares and will entitle the Government to a dividend. Further, the FCI shares give the Government the right to appoint two directors (out of five) of the company engaged in the mining operation and the right to approve at least two suitable persons to the top executive management of the company engaged in the mining operation as may be agreed in the shareholders agreement. Any other management positions created by the company engaged in the mining operation shall be shared with the Government on a ratio of 3:1. The SPR 2022 also provides for the non-deductibility of royalty payments in the calculation of corporate income tax.

Local participation policy

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, 2015 (No. 1) (the “Non-Citizens Act”) came into force which 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 be satisfied that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan to both the Labour Commissioner and the MC 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.

The Tanzania Investment Act No. 10 of 2022

On 2 December 2022, the Tanzania Investment Act, 2022 (No. 10) (the “Investment Act”) came into force. The Investment Act restores the right to international arbitration and grants foreign investors access to settle disputes with the Tanzania Investment Centre or the Government of Tanzania through arbitration. Pursuant to the Investment Act, parties to a dispute may agree to the use of a local or foreign arbitration venue.

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 (SML45/99) covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024.

The internal renewal process for the special mining licence (SML45/99) is underway with a view to submitting an application for renewal prior to its expiry date. On 9 October 2014, an addendum to the mining development agreement was entered into ratifying, the following changes:
Anamong other matters, an increase in the royalty rate from 3three percent to 4four 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).

2012. In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining licenselicence from open pit to underground method, subject to the requisite terms and conditions. Within the special mining licence area, there are also seven primary mining licences of approximately 0.63 km2 in total which belong to third parties. Furthermore, AngloGold Ashanti holds prospecting licences covering (i) an area of 120 km2 in the immediate vicinity of its special mining licence area, and (ii) an area of 690 km2 located in the Dodoma, Singida and Shinyanga regions, but none of these areas contain any Mineral Reserve. All licences are in good standing.



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(the “Native Title Act)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, underin the state of Western Australia, the Mining Act 1978 (WA) liabilityprovides that an applicant for compensation associated with native title can be passed back tothe grant of, or the holder of, a mining tenement at the time of a determination ofis responsible for native title compensation.compensation, if determined to be payable, to native title holders.


State

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Federal, state and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the native title legislation. TheyState and territory heritage laws exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. In Western Australia, impacts to Aboriginal cultural heritage are regulated by the Aboriginal Heritage Act 1972 (WA). However, this legislation will be repealed and replaced by the Aboriginal Cultural Heritage Act 2021 (WA) (the “ACH Act”) which was enacted in 2021. The regulations, management code and various guidelines which underpin the ACH Act are being co-designed by the State government, traditional owners, industry and other stakeholders. The ACH Act will not become fully operational until the co-design process is complete in mid-2023 at the earliest. 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.legislation and, at this stage, it is not possible to predict any significant impact that may result in the future from the final regulations, management code and various guidelines under the ACH Act, once adopted.


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 (including for infrastructure purposespurposes) 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 (including a public consultation period) pursuant to applicable environmental protection legislation prior to commencement. Further, a works 'construction' approval and 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. In Western Australia, legislation removing the distinction between “works approvals” and “licenses” is expected to enter into force in December 2023 such that, following the effective date, only a “license” will be required for “prescribed activities”, which include relevant works and operations on a mining lease, and not a separate “works approval”. Depending on the jurisdiction, a further separate approvaladditional approvals may be required for the removal of native vegetation within the tenement.tenement, and the taking and use of water for exploration and mining operations.


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 groupGroup 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, one mining lease (M39/1116) covers the deposit is now situated upon two mining leases covering approximatelyand mine infrastructure (approximately 7,808 hectareshectares) and another mining lease of(M39/1117) covers the water extraction infrastructure used to supply the operation with water (approximately 1,768 hectares contains related infrastructure.hectares). Both leases are currently in good standing, with expiry dates in 2038.


The Butcher Well joint venture has security of tenure for all current exploration licences and for the contiguous mining leases that covers its Mineral Resource. There are three mining leases: mining lease (M39/165) which covers 602.35 hectares with expiry date in 2030, mining lease (M39/166) which covers 990 hectares with expiry date in 2030 and mining lease (M39/230) which covers 446.4 hectares with expiry date in 2032.




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At Tropicana, the deposit is situated upon a single mining lease (M39/1096) covering approximately 27,228 hectares, which is currently in good standing, with an expiry date in 2036.


AngloGold Ashanti Australia Limited is also conducting early stage exploration activities in Queensland under the Mineral Resources Act 1989 (QLD). AngloGold Ashanti holds 1815 exploration permits covering 497,087316,851 hectares. Each permit is granted with an initial term of five years, renewable for two 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.years each.




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 andas well as mining concessions.concessions, or exploitation rights. 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(the “Mining Investment Law)Law”), and related legal provisions being the most important one. Such incentives include, amongst others,among other matters, import duty exemptions, accelerated depreciation of fixed assets, a 3three 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. (“CVSA”) 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)(the “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(the “Rural Land Law)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



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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)(“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 3three percent of the gross value of commercializedcommercialised 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 1one percent to 3three percent calculated at pit-head value of the mineral extracted thus bringing it to the cap of the Mining Investment Law.


Foreign exchange control regimeand export rules


Foreign exchange controls

On 1 September 2019, by means of Executive Decree No. 609/2019 (Decree)(the “Export Controls Decree”), the Argentinean national government re-establishedreinstated foreign exchange and export controls. The Export Controls Decree imposes,and related regulations of the Central Bank of Argentina impose, 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(mercado de cambios)cambios) the countervalue (contravalor)(contravalor) from their exports of goods within 15 to 365 calendar days dependinga specified period. The export of goods is regulated by the Consolidated Text on the goods exported“Foreign Trade 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,Exchange” issued by the Argentinean Central Bank, as the regulatory authority in charge of administering the Argentinean foreign exchange market, issued Communication “A” 6770 establishing (as amended from time to time) which establishes 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 in this area. Prior approval 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 ifis generally required to access the exporter has compliedforeign exchange market for transactions relating to the outflow of funds, except in certain circumstances.

In October 2022, the Argentinean national government implemented the Argentinean System of Imports (Sistema de Importaciones de la República Argentina) (“SIRA”) and the Argentinean System of Imports and Foreign Payments of Services (Sistema de Importaciones de la República Argentina y Pagos de Servicios al Exterior). Importers must obtain a SIRA approval in the form of a SIRA certificate for the import of goods and to access the foreign exchange market for payments in connection with its obligations or not.the import of goods. Additionally, from 1 January 2023, Argentinean residents, such as CVSA, must comply with certain supplementary provisions in order to access the foreign exchange market without prior approval of the Argentinean Central Bank, unless an exception applies.


CVSA had a cash balance equivalent to $116 million at 31 December 2022. The cash balance is available to be paid to AngloGold Ashanti’s offshore ($105 million (equivalent)) and onshore ($15 million (equivalent)) investment holding companies in the form of declared dividends. Applications have been made to the Argentinean Central Bank to approve the purchase of U.S. dollars in order to distribute offshore dividends related to the 2019, 2020 and 2021 financial years of $105 million (equivalent) to AngloGold Ashanti. Also, under a special regime established for dividend payments, a new petition to distribute a portion of the offshore dividends applied for, in the amount of $54 million (equivalent), was submitted to the Argentinean Central Bank during the third quarter of 2022. In December 2022, the Argentinean Central Bank approved, based on the applications submitted under this special regime, the payment of $17 million (equivalent) to AngloGold Ashanti. As a result, during 2022, AngloGold Ashanti received offshore dividends from CVSA in a total amount of $17 million (net of withholding taxes) paid in U.S. dollars. While the remaining approvals are pending, the cash remains fully available for CVSA’s operational and exploration requirements.

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)(the “Solidarity Law”) was enacted. The Solidarity Law grantsgranted 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%eight percent of the taxable value or official FOB price. On 2 October 2020, the national government published Decree No. 785/2020 (the “Export Duties Decree”) which sets an export duty rate of eight percent for certain goods, including doré bars and gold alloys, and revoked the provisions of Decree No. 793/2018 which had previously set the export duty at 12 percent ad valorem. While the Export Duties Decree was set to expire at the end of 2021, on 31 December 2021, the national government published Decree No. 908/2021, extending the deadline of export duties on certain goods, including doré bars and gold alloys, until 31 December 2023. It is currently unclearuncertain whether this 8% limit applies automaticallythe national government is empowered to extend such deadline beyond the date set forth in the Solidarity Law. These export duties, if not compensated with other tax reductions, affect the tax stability guarantee granted to CVSA in 1996 in light of the fact that at the time export duties were zero percent.



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On 26 February 2019, the Argentinean tax and mining authorities published a resolution (RC 4428/2019) establishing an administrative procedure to be followed to obtain the reimbursement or whether it requirescompensation of federal taxes paid in excess of the issuance of a decreetotal tax burden provided for by the national government.applicable tax stability guarantee (the “2019 Procedure”). CVSA initiated the 2019 Procedure to claim compensation for the export duties it paid in 2018, 2019 and 2020 as export duties are not contemplated by its tax stability guarantee. Prior to the publication of RC 4428/2019, CVSA had already submitted to the tax authorities claims for reimbursement of the export duties it paid from 2008 to 2015.


Pursuant to the 2019 Procedure, the National Mining Secretariat issued favorable opinions regarding CVSA’s claims in respect of fiscal years 2018 and 2019, which amounted to approximately $2.0 million and $6.3 million, respectively, as of 31 December 2022. These claims are currently under review by the relevant customs authorities. On 14 July 2021, CVSA submitted its claim in respect of fiscal year 2020, which amounted to approximately $12.4 million as of 31 December 2022. The National Mining Secretary has not yet issued an opinion regarding this claim.

Furthermore, CVSA has requested the tax authorities to apply the 2019 Procedure in respect of its historical claims for fiscal years 2008 to 2015 during which the imposition of export duties also exceeded CVSA’s total tax burden under its tax stability guarantee. However, these claims, which amounted to approximately $3.1 million as of 31 December 2022, are still being reviewed under the rules to challenge export duties instead of the 2019 Procedure. CVSA has appealed the application of those rules and a decision on this issue is pending.

On 9 June 2022, the Argentinean tax and mining authorities published a resolution (RC 5205/2022) establishing a new administrative procedure to be followed to obtain the reimbursement or compensation of federal taxes paid in excess of the total tax burden provided for by the applicable tax stability guarantee (the “2022 Procedure”). This 2022 Procedure replaces the 2019 Procedure established by RC 4428/2019. On 20 September 2022, CVSA submitted its claim for compensation for the export duties in respect of fiscal year 2021, which amounted to approximately $11.2 million as of 31 December 2022, pursuant to the 2022 Procedure. This claim is currently under review by the National Mining Secretary.

In total, AngloGold Ashanti’s net export duty receivables (after discounting provisions) in Argentina amounted to $9 million as of 31 December 2022.

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)(“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)(“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 ofobligations to restore 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 caseThe mining concession holder of Cerro Vanguardia, AngloGold Ashanti’sthe Company’s operation in Argentina, the mining concession holder is AngloGold Ashanti’s partner, Fomento Minero de Santa Cruz S.E. (Fomicruz).(“Fomicruz”), which is wholly owned by the Santa Cruz Province. On 27 December 1996, Fomicruz entered into a usufruct agreement whereby Cerro Vanguardia S.A.CVSA was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 km2) for a 40-year period,period. The mining licence (402642/CV/97), which covers the full Mineral Reserve, expires on 26 December 2036. Cerro Vanguardia S.A.CVSA is a corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti (92.5 percent), with Fomicruz as minority shareholder.shareholder (7.5 percent). On 14 August 1996, Cerro Vanguardia S.A.CVSA 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)(“ANM”) is the state body within the Mines and Energy Ministry (MME)(“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.





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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.


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 the ANM are valid for one to threefour years. ExtensionsOne extension can be obtained if necessary,automatically as long as it is justified. For more than one extension, the extension request will have to satisfy specific legal requirements. 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 the ANM, and (iii) refrain from suspending mining activities without prior notice to the ANM.


Tax laws relating to mining


During the exploration period, the mining titleholder has to pay an Annual Rate per Hectare (Taxa(Taxa Annual por Hectare or TAH)“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 (Compensaç(Compensação Financeira pela Exploração Mineral or CFEM)“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 “inspection and control” 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 statesstate of Minas Gerais, and Goiás, however, gold ore wasand silver ore are exempted from the collection of this new duty. At the end of 2020, the state of Goiás created a new “inspection and control” tax (duty) on extraction and exploration activities carried out in this state, which currently still needs to be implemented. The constitutionality of these “inspection and control” taxes was upheld by the Supreme Court of Brazil on 1 August 2022.


Environmental laws relating to mining


Following the catastrophic failure of a tailings storage facility (TSF) operated(“TSF”) at the Córrego do Feijão iron ore mine owned by Vale at Brumadinho in the state of Minas Gerais in Brazil in January 2019, Brazilian executive, legislative and judiciary bodies, both at the federal and state levels, have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and have been considering, and in some cases adopting,have adopted, 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 ofoperators to cease all storage and disposal activities at TSFs (known as “deactivation” or “desativação”) constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as the decommissioning ofto decommission such TSFs by 15 AugustSeptember 2022 to 15 September 2027 (depending on the capacity volume). To comply with the terms of ANM Resolution No. 13/19, does not require complete removal of tailings material from TSFs. As a result, the Serra Grande minetailings dam in the state of Goiás is inmust be decommissioned by 15 September 2025. The Serra Grande mine completed the process of reinforcing the dam walls of its upstream TSF, in advance of its expected deactivationdeactivating the TSF and migrating to dry-stacking operations, each by the 15 September 2021. In addition,2021 deadline.

Furthermore, Federal Law No. 14.066/20, adopted in October 2020, also imposes requirements on companies to decommission upstream TSFs, including the companySerra Grande tailings dam, by 25 February 2022 (which date is earlier than required by ANM Resolution No. 13/19). However, Federal Law No. 14.066/20 does permit extensions of the compliance deadline, with the consent of the ANM based on the technical plan for decommissioning. Serra Grande submitted timely requests to obtain an extension of the compliance deadline until 2025 in line with the timeline set forth in ANM Resolution No. 13/19 and presented its technical plan for decommissioning. On 26 May 2022, the ANM issued a technical note allowing the extension until 2025. With respect to downstream (or “centerline”) TSFs, Federal Law No. 14.066/20 requires companies, to the extent that communities are located in the self-rescue zone of those TSFs, to implement one of the following measures for such structures: either (i) the structure must be deactivated 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, deactivation and decommissioning of those TSFs will be required at the end of the life of the mine. All of the TSFs operated by AngloGold Ashanti in Brazil have communities located in self-rescue zones.




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As of 31 December 2022, AngloGold Ashanti has begunfully transitioned to dry-stacking operations for tailings storage at each location in Brazil. Capital expenditures required in 2022 to implement this new technology amounted to approximately $83 million. Capital expenditures for work required to comply with TSF-related requirements during the period 2023-2025 are expected to be material but, based on preliminary estimates to date, AngloGold Ashanti anticipates that annual expenditures for each of these years will be less than in prior years and will decline over time. Neither ANM Resolution No. 13/19 nor Federal Law No. 14.066/20 requires removal of all tailings material in connection with the decommissioning of TSFs (a process of evaluating alternate structures for this upstream TSF,known as well as any potential increases in regulatory and cost obligations as a result of new requirements applicable to TSFs“decharacterisation” or “descaracterização”).


At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which containedcontains 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, establishes bond requirements and holds management liable for non-compliance with its provisions. The government of Minas Gerais adopted several decrees in furtherance of this legislation.


In addition, ANM Resolution No. 95/22, which became effective on 22 February 2022, effectively consolidates prior federal resolutions on TSFs, including ANM Resolution No. 13/19, and establishes new criteria for the operational management of TSF structures, changes the criteria related to the risk classification of TSF structures and emergency levels and sets new criteria for the suspension, embargo (order to stop operations) and interdiction of TSF activities. Operators of TSFs were mandated to conduct and submit risk assessments to the ANM by December 2022 and are required to update those risk assessments every two years. Operators are also required, on an annual basis, to obtain certifications from external consultants of the geotechnical stability of TSF structures and the adequacy of emergency response plans. In late 2022, tailings deposition was required to be suspended due to embargos at five of AngloGold Ashanti’s TSFs in Brazil pending certification by external consultants of on-site emergency response plans (Declaração de Conformidade e Operacionalidade (“DCO”)) as well as, at one such TSF, certification by external consultants of geotechnical stability (Declaração de Condição de Estabilidade (“DCE”)) consistent with the new standards. In addition, at the Calcinados TSF, a risk assessment conducted in December 2022 with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice. Construction at the Calcinados TSF is expected to begin later in 2023, and the timeline for completion will be determined once the engineering and geotechnical work has been completed by external consultants. Tailings deposition at the Calcinados TSF, as well as processing of gold concentrate at the Queiroz plant, which services the Cuiabá mine complex, is suspended until additional buttressing of the Calcinados TSF impoundment is complete.

On 1 December 2022, the ANM published ANM Resolution No. 122/22, which relates to administrative sanctions for non-compliance with mining and dam safety regulations and which, in addition to significantly increasing the values of applicable fines and penalties, establishes procedures and parameters for available sanctions including seizures of ore, goods and equipment, suspension of mining activities, demolition of mine infrastructure and invalidation or cancellation of title and exploration licences.

Further amendments to the regulatory requirements in Brazil governing such TSFs and related dams are expected to be adopted in 2023.

AngloGold Ashanti’s rights and permits


At AGA Mineraçao, Cuiabá has a single mining concession (No. 000.323/1973) covering a total area of 3,662 hectares,hectares. In February 2022, two additional mining concessions for Cuiabá (Nos. 830.937/1979 and 831.027/1980) were published, which cover an additional area of 816.2 hectares. Lamego is covered by three geographically contiguous concessions totallyhas a single mining concession (No. 932.710/2017) covering a total area of 1,622 hectares andhectares. Córrego do Sítíotio is hosted by five geographically contiguous mining concessions (i.e., Nos. 930.556/2000, 930.181/2008, 830.129/1982, 833.472/2003 and 830.943/1979) covering a total area of 6,017 hectares. All of these are in good standing.

At Serra Grande, the companyCompany has interests

in or agreements over 61,50025,719.94 hectares in Crixas Greentonethe Crixás greenstone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. The mining concessions include mining concession No. 002.286/1935 covering an area of 4,206.88 hectares, mining concession No. 960.658/1987 covering an area of 1,946.89 hectares, mining concession No. 860.746/2005 covering an area of 88.28 hectares, mining concession No. 862.103/1994 covering an area of 125.41 hectares and mining concession No. 804.366/1975 covering an area of 196.05 hectares.

All of the Company’s mining concessions in Brazil are currently active, in good legal and operational standing, and free of liabilities and/or major obligations. Brazilian mining concessions remain valid up to the depletion of the OreMineral 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.date.











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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 over free areas 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 (Agencia Nacional de Minería) grants the authorizationauthorisation 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 extensionsthese timelines are extended or modifications to the timelines.modified. 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.licences. 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.renewed.


PINES programprogramme


In 2013,, the federalnational government instituted the PINES programprogramme 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,programme, 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.registered. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a 5five 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 4four 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 licenselicence is granted the concessionaire must invest 1one percent of the project’s value to benefit the basins covered by the environmental license.licence.









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Environmental laws relating to mining


In order to obtain an authorization fromauthorisation to carry out a mining project, a company must prepare an Environmental Impact Study (“EIA”) for approval by the National Environmental Licensing Authority of Colombia to carry out a project, the company must prepare an Environmental Impact Study (E.I.A.(Autoridad Nacional de Licencias Ambientales or “ANLA”) for approval by this authority.

. Global environmental licenseslicences are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination. Construction and assembly permits (Plan de Trabajos y Obras or “PTO”) are granted by the mining authority with jurisdiction over the project.


AngloGold Ashanti’s core mining concession contracts provide thatIn Colombia, 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, sucha company whose concession was voided 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 of the company operating in Colombia, which holdif those concession contracts are held singularly or in concert with joint venture partners the majority of the company’s concession contracts in Colombia.partners.


There are some areas where miningMining activity is prohibited. These areas areprohibited in 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.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 thatpurposes and the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, Resolution 187/1987/2016, passed by the federalnational 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)S.A.S. (“AGA Colombia”) remains in force majeure due to the delays in the granting of the environmental permits by thenational and local environmental authority,authorities, thereby preventing AGA Colombia from undertaking further exploration activities. The currentmost recent one-year grant of force majeure, during which time the specified timelines for completing the various phases of the mining project under the concession contract are suspended, will expire on 22 June 2020 and the request for an extension is pending.2023. 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 integrated mining concession contract (EIG-163) which covers a total area of 9,210 hectares and expires on 28 February 2037.


Minera de Cobre Quebradona S.A. (MCQ)S.A.S. B.I.C. (“MCQ”) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016 and registered in December 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, concessionConcession contract 5881 initially covered a total area of 7,593 hectares, which was reduced to 4,881.89 hectares by the relevant mining authority (Secretaría de Minas de Antioquia) on 4 March 2022. It will expire in May 2037 and is currently in its thirdseventh year of the integrated exploration phasephase. In September 2021, the permits for the construction and mining operation were approved by the relevant mining authority (Secretaría de Minas de Antioquia). On 4 November 2021, ANLA officially notified AngloGold Ashanti of its decision to ‘archive’ the environmental licence application relating to the Quebradona project. ANLA has neither denied nor granted the licence, but deemed that the information provided by AngloGold Ashanti is not enough for this authority to take a substantive decision. On 18 November 2021, AngloGold Ashanti appealed the archiving decision in order to secure further details on the specific additional information ANLA requires to make a determination. ANLA denied the appeal on 29 April 2022 and the archiving decision was confirmed. AngloGold Ashanti is in the process of preparing a new Environmental Impact Assessment for the Quebradona project requestedto submit to ANLA in connection with its environmental licence application.

The Gramalote project is organised as a joint operation between AngloGold Ashanti (through AGA Colombia Holdings Limited and AngloGold Ashanti Holdings plc) and B2Gold (through B2Gold Corp. and Graminvest Ventures Limited). Gramalote Limited, a company incorporated under the Mining Authority forlaws of British Virgin Islands which is the legal vehicle operating the joint operation, established a Colombian branch, Gramalote Colombia Limited (“GCL”), to carry out activities in Colombia and obtain the mining concession contracts necessary to develop the Gramalote project. The Gramalote joint operation has been operated by B2Gold since January 2020. Pursuant to an integrated mining concession contract No. 14292, GCL was granted the exclusive right to explore, take ownership and dispose of the mineral reserves (ore) extracted from the concession area (which covers a total area of 8,720.71 hectares and includes the Gramalote and Monjas anomalies) until April 2043. GCL has the right to request an extension of 2 more years.the operating period for up to 20 years, and, if exercised, such request to extend must include new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract




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No. 14292 is in the phase of construction and assembly, pending resettlement of communities and the formal start of construction activities. GCL has received an environmental licence granted by ANLA and permits for the construction and mining operation which were approved by the relevant mining authority (Secretaría de Minas de Antioquia). GCL also holds an exploration concession No. 4894 (which covers a total area of 2,279.32 hectares and includes the Trinidad anomaly) which expires in 2044 and an exploration concession No. QHQ-16081 (which covers a total area of 9.78 hectares) which expires in 2052. Following the completion of the feasibility study in the second half of 2022, AngloGold Ashanti and B2Gold determined that the Gramalote project does not meet their investment thresholds for development. Following a comprehensive review of the alternatives relating to the project, both joint operation parties commenced a joint sales process for the Gramalote project, which is currently ongoing.

United States of America (Nevada)


NevadaGeneral laws relating to mining and land ownership


General regime

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.government. 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(the “General Mining Law).Law”), as well as relevant state statutes and regulations. The General Mining Law allows mining claims (for mining and mining-related activities) on certain federal lands upon the discovery of a valuable mineral deposit andafter 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 authorizationsauthorisations required for the company’s activities are based on the nature and location of the exploratory

work. AngloGold Ashanti (U.S.A.) Exploration Inc.’sMany of the company’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. The3809.21, while projects that are more advanced require additional permitting, including a Plan of Operations approved by the federal Bureau of Land Management (BLM) issued a Notice(“BLM”). The State 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 NoticeNevada Division 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’sEnvironmental Protection’s Bureau of Mining Regulation and Reclamation (BMRR)(“BMRR”) also regulates mining within the state.  Explorationstate of Nevada. However, exploration projects of 5five acres or less on federal land, the scope of a notice-level operation under federal law, are exempt from BMRR regulation. AngloGold Ashanti’s currentCertain of the company’s early-stage exploration programsactivities fall within this exemption.


AngloGold Ashanti (U.S.A.) Exploration Inc. has initiated a subsequent permitting process for the Silicon Project to increase theThe company is currently engaged in exploration activities beyond the 5-acre notice level. This process was initiated in 2019 with the completionon certain of its unpatented claims that include, but are not limited to, geological and submission of the required environmental baseline studiesspectral mapping, surface geochemical sampling, geophysical surveying 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.RC and/or diamond drilling.

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 and other entities 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 alsoIn June 2020, former President Trump signed an executive order directing certain federal agencies to streamline the review processes associated with permitting of infrastructure and natural resources projects. Many of those policies have subsequently been rescinded by the Biden administration. While certain other executive orders may favorably affect the timing of our permit and project approvals, the impact is yet to be determined and remains uncertain.

There are a number of bills being proposed potential revisions to financial assurancethe Nevada state legislature during the 2023 legislative session that could impact the company’s planned operations. These include proposed legislation that would alter the way water rights are administered by the state, as well as a bill that would, if enacted, impose additional requirements relating tofor environmental review of mineral development activities.projects in Nevada. At this stage, it is not possible to evaluate whether these bills will be enacted in any form by the Nevada state legislature or, if passed, what impact any might have on AGA.


AGA is currently unaware of any other 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.programmes. If any of the above-referenced provisionsrequirements, standards or conditions were adopted in the future that imposed additional or new obligations or costs on AGA in connection with our exploration or extraction activities in the United States, the company’s operations in Nevada could be adversely affected.



AngloGold Ashanti’s rights and permits

In Nevada, the company’s wholly-owned subsidiaries hold a significant number of unpatented mining claims on federal lands. The Silicon project consists of approximately 950 unpatented mining claims. The North Bullfrog project consists of 45 patented and approximately 1,600 unpatented mining claims (covering approximately 32,000 acres) situated in the Bullfrog mining district. There are also nine mining leases within the North Bullfrog project the majority of which continue in perpetuity so long as the company meets certain minimal requirements for use of the land. One mining lease is scheduled to expire in 2031. The Mother



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Lode project consists of 13 unpatented mining claims. The North Bullfrog and Mother Lode projects are now controlled by the company as a result of its acquisition of all of the outstanding stock of Corvus Gold Inc., which closed on 18 January 2022. The southern claim block, encompassing the Sterling mine and other properties in the same general area, consists of approximately 1,900 unpatented claims (covering approximately 35,000 acres), which are now controlled by the company as a result of its acquisition of all of the outstanding stock of Coeur Sterling, Inc. (a subsidiary of Coeur Mining, Inc.), which closed on 4 November 2022. As a result of this acquisition, the company now controls a past-producing mine site in southern Nevada known as the Sterling mine, which has one applicable mining lease that expires in 2029, with the option to extend the lease for an additional ten-year period. Although the Sterling mine is currently in care and maintenance status, it remains subject to complex permitting and regulatory requirements, including compliance with relevant provisions of the U.S. Federal Mine Safety and Health Act of 1977 and oversight by the U.S. Department of Labor’s Mine Safety and Health Administration (“MSHA”).

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 site closure 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 groupintegrates mine closure planning management standardthroughout the mine life cycle as follows:
Exploration stage: developing a plan and programme for cessation and closure of exploration activities in 2013a manner that meets local laws and all of its operations are required to comply with the standard, as well as applicable law and regulations, as theirAngloGold Ashanti's mine closure planning standard.
Project phase: developing conceptual closure plans are reviewed and updated.cost estimates for all projects and including them in project feasibility studies, designs and evaluations.

Operational phase: developing and periodically updating mine closure plans and cost estimates with increasing levels of detail and confidence over the operational phase as part of the business planning process. 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, takingupdates take into account operational conditions, planning and regulatory requirements international protocols, technological developments andas well as advances in practice.


For many oftechnology and international industry good practice (e.g., 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 concurrentICMM Integrated Mine Closure Good Practice Guide). Concurrent rehabilitation, which is carried out while a mine is still operational. Thisoperational, is a good practice that 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, suchas well as the gold price, change.ultimate liability.

Closure period: implementing the final closure plan starting at cessation of operations through a period of decommissioning, dismantling and rehabilitation until the point in time where management of the site is largely limited to monitoring and maintenance.

The company’sCompany’s group mine closure planning standard stipulates that closure planning must be undertaken in consultation with the community.stakeholders. In the course of these consultations, different issues are raised which require site-specific solutions. Livelihood preservationEach mine closure plan includes a social transition plan which seeks to minimise social impacts and maximise opportunities for local communities, including human resource, social infrastructure, are often key requirements. Communities also require information oneconomic and financial assets with the company’s rehabilitationaim of enhancing 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.self-sustainability of mine communities after mine closure.


Provisions for decommissioning and rehabilitationrestoration costs are made when there is a present obligation, it is probable that expenditure on decommissioning and rehabilitationrestoration 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,rehabilitation, 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.


ProvisionsTotal provisions for decommissioning and for environmental restoration activities (excluding joint ventures) increaseddecreased by $95 million from $637$673 million in 20182021 to $730$578 million in 2019 (including the rehabilitation obligations transferred2022. This decrease was mainly due to held for sale liabilities and associated with our pending sale of operationschanges in Mali and South Africa). This increase mainly relates to proposed requirements regarding the removal of tailings materialsestimates resulting from tailings storage facilities in Brazil upon closure and decommissioning (a process known as “decharacterization”) and changes in discount rates, based onchanges in global economic assumptions. The provisions were also impacted byassumptions, changes in mine plans resulting in a change in cash flows andas well as changes in the design of tailings storage facilitiesTSFs.

SUSTAINABILITY AND ENVIRONMENTAL, SOCIAL AND GOVERNANCE (“ESG”) MATTERS

AngloGold Ashanti’s sustainability approach is fundamental to how the Company operates its business, as well as its ability to create long-term value for its shareholders, employees and social partners through safely and responsibly exploring, mining and marketing its products. Sustainability and safety are integrated into the Company’s business and operations at all levels through various frameworks, standards and policies, and the Company measures its performance in methodology following requests from the environmental regulatory authorities.achieving its goals against its sustainability and other ESG metrics, as well as its engagement with stakeholders.


ENVIRONMENTAL, HEALTH AND SAFETY MATTERS


In additionmitigating the risks and impacts that are an inherent part of its business, AngloGold Ashanti is informed by an annual assessment of its key ESG issues. This process is aligned with guidance published by the International Integrated Reporting Council (“IIRC”), the Sustainability Accounting Standards Board (“SASB”), the Global Reporting Initiative (“GRI”) Standards and



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the Accountability AA1000 Stakeholder Management Standard. This assessment is annually reviewed by AngloGold Ashanti’s senior leadership and approved by the Social, Ethics and Sustainability Committee (the “SES Committee”).

AngloGold Ashanti’s board of directors, assisted by the SES Committee, has ultimate responsibility over environmental, safety, health and ethical matters and for the integration of sustainability objectives into AngloGold Ashanti’s business. This includes oversight of the Company’s stakeholder engagement framework and structures, which apply to post-mining land rehabilitationinvestors, employees, governments, suppliers and closurecommunities, at every stage of its business from exploration to mine closure. Group Corporate Affairs and Sustainability is responsible for development of management systems and supports the Company’s general managers in the day-to-day implementation of its sustainability strategy.

AngloGold Ashanti maintains a set of policies and procedures to guide the Company in acting as a responsible corporate citizen, including the Code of Business Principles and Ethics which sets requirements for the implementation of key corporate policies and guidelines and applies to all management and employees, and to maintain compliance with applicable environmental, health and safety (“EHS”) laws. In 2022, AngloGold Ashanti continued with the implementation of the Integrated Sustainability Information Management System (“iSIMS”), in order to improve internal reporting and better integrate, manage and monitor sustainability activities with respect to its broader business. This common management and reporting application for all sustainability disciplines, from safety, health and security to community and environmental management, is expected to help provide timely information in each of these areas, and to facilitate transparency and decision-making in its processes and practices.

Significant EHS requirements and ESG risks and trends affecting the Company’s mining and processing operations are described below.

EHS Regulatory Compliance

AngloGold Ashanti is subject to extensive environmental, health and safety (EHS)EHS laws and regulations in the various jurisdictions in which the companyCompany operates. These requirements govern, among other things, extraction, use, conservation and discharge of water; air emissions (including dust control and greenhouse gases)gases (“GHGs”)); mine and dam safety, regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; rehabilitation and closure of mined land; 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 ourthe Company’s 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 facilities, such as TSFs, or 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, ourthe 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’sCompany’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,use in the mining and extractive processes and typically are subject to water-use permits or water rights in each country impose limits on the quantity ofto extract water that can be extracted from certain natural sources that govern usage and require, among other things, that wastewater from mining operations meetmaintain certain water quality criteria if discharged to the environment.upon discharge. Water supply, quality and usage are areas of interest globally, but are particularly significant forconcern across all of the Company’s operations, including with respect to the Company’s mining operations in Brazil, Ghana and South Africa, and for explorationBrazil, its mine development projects in Colombia, where there is significant potential environmental and social impact and a high level of stakeholder scrutiny.Nevada, as well as its mine development project at Quebradona in Colombia. Any failure by the Company to secure access to suitable water supplies, or achieve and maintain compliance with theapplicable requirements of ourthe permits or licenses,licences, could result in curtailment or suspensionhalting of

production at the affected operation.operations. Incidents of water pollution or shortage can, in extremecertain cases, lead to community protest and ultimately result into the withdrawal of community and government support for AngloGold Ashanti’s operations. A failure by the company’sCompany to comply with water contamination related 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.


Where feasible, the companyCompany 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.









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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 typically deposited as slurry in large tailing storage facilities (“TSFs”) specifically designed for this purpose.


The impact of dust generation, breach, leak, or other failure of a waste rock facility or tailings storage facility (TSF),TSF, including any associated dam, can be significant, and the companyCompany therefore monitors such facilities closely in accordance with the company’sCompany’s internal standards, independent review, national regulatory requirements, industry standards and commitments made to local communities. The occasional well-publicised failure of a third-party tailings facilityTSF and the potential impact of such failure also mean that these facilities are generally tightly regulated. AnA safety or environmental incident at the company’sCompany’s operations could result, among other things, in enforcement, including mandatory shutdown of a TSF and related facilities, 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 anthe Córrego do Feijão iron ore mine owned by Vale at Brumadinho 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 injuriesdeath or injury 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,For example, in Brazil, new TSFs in the upstream design method have been prohibited by the Brazilian National Mining Agency (ANM) and decommissioninglate 2022, tailings deposition was suspended at five 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 allAngloGold Ashanti’s TSFs in Brazil constructed basedpending certification by external consultants of on-site emergency response plans (“DCO”) and/or geotechnical stability (“DCE”) consistent with new regulatory standards enacted in early 2022. In addition, at the Calcinados TSF, a risk assessment conducted in December 2022 with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice. The timeline for completion will be determined once the engineering and geotechnical work has been completed by external consultants. For further information on the downstream design method by 2025. Moreover, a bill currently pending in the National Congressregulatory framework governing TSFs in Brazil, would requiresee “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil”.

In addition, a new Global Industry Standard on Tailings Management (“GISTM”) was established in August 2020 by a panel comprised of industry and non-governmental organisation (“NGO”) experts. AngloGold Ashanti has committed to comply with the GISTM at all tailings materialsof its TSFs by August 2025, and the costs related to be removed from the TSF (a process known as “decharacterization”) in connection with closure and decommissioning. If passed, the additional costs associated with decharacterizationmeeting such standard are likelynot expected 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

In addition, AngloGold Ashanti could incur liabilities, or material costs to Mine”.manage solid and hazardous waste generated by its mining activities, including dust and residual chemicals and metals. For example, AngloGold Ashanti expects to incur approximately $25 million to $30 million in capital expenditure and operating costs during 2023-2026 in connection with treatment and disposal of a quantity of legacy arsenic trioxide waste located at the Obuasi mine.


Groundwater ImpactsSOUTH AFRICA

As part of the South African asset sale, AngloGold Ashanti Limited sold its remaining three mining rights in South Africa to Golden Core Trade and Invest (Pty) Ltd (“Golden Core”) and Harmony Gold Mining Company Limited pursuant to a sale agreement concluded on or about 12 February 2020, as amended and reinstated from time to time (the “SA Sale Agreement”). These mining rights relate to operations in the West Wits area.

General laws relating to mining

The MPRDA

The Mineral and Petroleum Resources Development Act, No. 28 of 2002 (the “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 and 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. The Mineral and Petroleum Resources Development Amendment Act, No. 49 of 2008 (the “MPRDAA”) became effective on 7 June 2013. On 23 April 2004, the Minister of Mineral Resources and Energy (the “MRE Minister”) published, under the terms of the MPRDA, the Mineral and Petroleum Resources Development Regulations in order to implement the provisions of the MPRDA and MPRDAA. These implementation regulations were amended on 27 March 2020.

The mining charter

Since 2004, a series of mining charters have been adopted in South Africa with the main purpose of transferring part of the ownership of mining assets to black or historically disadvantaged South Africans (“HDSAs”) within a certain time period. Such mining charters 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. In 2004, the Broad-Based Socio-Economic Empowerment Charter for the South African Mining Industry, 2004 was published and, in September 2018, the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (the “2018 Mining Charter”) was published, repealing all prior mining charters. In September 2021, the High Court of South Africa (Gauteng Division) held that the 2018 Mining Charter is a policy document and does not, per se, bind holders of mining titles. The High Court also set aside various provisions of the 2018 Mining Charter. In November



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2021, the South African Department of Mineral Resources and Energy (“DMRE”) informed the parliamentary portfolio committee on mineral resources and energy that it does not intend to appeal the outcome of the judgement, but instead will consider steps to achieve the empowerment objectives through legislative amendments to the MPRDA.

The B-BBEE Act

The Broad-Based Black Economic Empowerment Act, No. 53 of 2003 (the “B-BBEE Act”) is a law of general application in respect of Broad-Based Black Economic Empowerment (“B-BBEE”) and enables the Minister of Trade and Industry to drive B-BBEE across all sectors of the economy. In 2014, the Broad-Based Black Economic Empowerment Amendment Act, No. 46 of 2013 (the “B-BBEE Amendment Act”) came into effect amending the B-BBEE 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.

Environmental Remediationlaws relating to mining


The National Environmental Management Act, No. 107 of 1998, as amended (the “NEMA”) 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.

From an environmental perspective, given the wide scope of the statutory duty of care in South African environmental law, erstwhile land owners may be held liable for historic contamination by the regulatory authorities. The “polluter pays” principle in South Africa enables the competent authority to seek recourse against various responsible parties based on their historical or current relationship to the source and receptor of degradation or pollution. The duty of care also applies retrospectively to significant pollution or degradation that occurred before the entry into force of NEMA (i.e., 29 January 1999), as well as significant pollution or degradation that arises or is likely to arise at a different time from the actual activity that caused the contamination (e.g., latent or residual impact) or arises through an act or activity of a person that exacerbates pre-existing contamination. The authorities can also seek compensation in respect of clean-up measures that it is required to take on behalf of the responsible parties and apportion liability amongst the responsible parties, which could technically include a historic landowner or mining company that caused the pollution. Although the purchasers of AngloGold Ashanti’s assets in South Africa have contractually assumed all environmental liability associated with its former South African operations and agreed to indemnify AngloGold Ashanti for the same, there remains a risk, at least theoretically, of statutory liability to the state.

AngloGold Ashanti’s rights and permits

Pursuant to the SA Sale Agreement, AngloGold Ashanti and Golden Core executed a notarial deed of cession of the mining rights with DMRE references GP 30/5/1/2/2/01 MR and GP 30/5/1/2/2/248 MR to transfer and cede these mining rights to Golden Core (the “Deed of Cession”). On 14 June 2021, the Deed of Cession was registered at the Mineral and Petroleum Titles Registration Office (the “MPTRO”).

With respect to the mining right held under DMRE reference GP 30/5/1/2/2/11 MR, AngloGold Ashanti and Golden Core agreed to make an application in terms of section 102 of the MPRDA at the DMRE after the closing date of the SA Sale Agreement requesting, among other matters, the incorporation of this mining right into the mining right with DMRE reference GP 30/5/1/2/2/01 MR (the “Harmony Consolidation Application”). AngloGold Ashanti also executed a notarial conditional deed of abandonment pursuant to which it conditionally abandons this mining right in terms of section 56(f) of the MPRDA (the “Deed of Abandonment”) on condition that ministerial consent is granted in respect of the Harmony Consolidation Application. The Harmony Consolidation Application, which was submitted to the DMRE on 17 January 2022, is still pending. On the date of the grant of the Harmony Consolidation Application, AngloGold Ashanti will cease to be a holder of any mining rights in South Africa. Once the transaction has been fully implemented, the general laws relating to mining outlined above will no longer be applicable to the Company, other than the statutory duty of care in terms of NEMA as described above.


AFRICA REGION

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 (the “2002 DRC Code”), as amended and supplemented by Law No. 18/001 dated 9 March 2018 (the “Reformed DRC Mining Code”) and Decree No. 038/2003 dated 26 March 2003, as amended and supplemented by Decree No. 18/024 dated 8 June 2018 (the “Reformed DRC Mining Regulations”).





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With respect to the application of the Reformed DRC Mining Code and Reformed DRC Mining Regulations, Kibali Goldmines S.A. (“Kibali Goldmines”) 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, in particular under article 220 of the Reformed DRC Mining Code which provides that the Prime Minister of the DRC may grant a number of incentives to provinces with infrastructure deficits to encourage economic development from mining resources, are ongoing.

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 ten-year stability provision in accordance with prior mining legislation. 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 or 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 renewable once for a further five-year period or in the form of exploitation permits which are granted for an initial period of 25 years, renewable several times for 15-year periods until the end of the mine’s life. Prior to commencing exploration work, the holder of an exploration permit must submit for approval a mitigation and rehabilitation plan pursuant to which it must undertake to carry out certain mitigation measures of the impact of its activities on the environment, as well as rehabilitation measures. Exploitation permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental and social impact study and an environmental and social management plan. The holder of an exploitation permit is required to commence development and mine construction within three years of the grant of such permit. Failure to do so may lead to forfeiture of the exploitation permit. To protect and enforce rights acquired under an exploration or exploitation permit, the Reformed DRC Mining Code provides, depending on the nature of the dispute or controversy, administrative, judicial and national or international arbitral recourses.

Mining companies are required to grant a free-carried and non-contributory participation to the DRC government. The DRC government’s free participation was originally set at five percent, which was increased to ten percent in respect of exploitation permits issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional five percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a ten percent local contributory participation is also mandatory for exploitation permits issued after its entry into force.

Tax laws relating to mining

The Reformed DRC Mining Code sets out an exclusive and comprehensive tax and customs regime that is 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 (subject to certain prerequisites) 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. In the DRC, Kibali Goldmines is due certain refunds of VAT which, to date, remain outstanding. During 2022, AngloGold Ashanti did not recover any VAT offsets and refunds from its operations in the DRC. We believe that our attributable share of the net recoverable VAT balance (including recoverable fuel duty and after discounting provisions) owed to us by the DRC government amounted to $86 million as of 31 December 2022. While an agreement was reached with the DRC government on the reimbursement of the refundable VAT in 2018, uncertainty remains regarding the timing and level of cash receipts and offsets against other taxes for purposes of the recovery of our VAT receivables in the DRC.

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.

Foreign exchange control regime

The Reformed DRC Mining Code imposed new exchange control rules requiring that mining title holders repatriate onshore 60 percent of sale revenues received during the investment amortisation period and 100 percent once the investment amortisation is completed.

During 2022, AngloGold Ashanti repatriated $694 million from its operations in the DRC, in the form of dividends from Kibali (Jersey) Limited. Kibali (Jersey) Limited received such cash from Kibali Goldmines in the form of loan repayments (net of bank fees) (AngloGold Ashanti’s attributable share: $658 million) and dividends (net of withholding taxes) (AngloGold Ashanti’s attributable share: $36 million). Our attributable share of the outstanding cash balances awaiting repatriation from the DRC amounted to $40 million as of 31 December 2022. The cash is fully available for the operational requirements of Kibali Goldmines. The cash and cash equivalents held at Kibali Goldmines are subject to various steps before they can be distributed to Kibali (Jersey) Limited and are held across four banks in the DRC, including two domestic banks.



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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 Kibali gold mine is owned by Kibali Goldmines which is a joint venture between Barrick Gold Corporation (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto S.A. (“SOKIMO”) (10 percent) which represents the interest of the DRC government. AngloGold Ashanti and Barrick Gold Corporation each have a 50 percent interest in Kibali (Jersey) Limited which holds their respective 45 percent interest in Kibali Goldmines.

The Kibali gold project is operated by Barrick Gold Corporation and comprises ten exploitation permits, of which eight expire in 2029 and two in 2030. Those exploitation permits (11447, 11467, 11468, 11469, 11470, 11471, 11472, 5052, 5073, and 5088) cover 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) (the “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 (the “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 identified groundwater contamination plumesthe 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, a controller.

Stability and development agreements

The GMM Act provides for stability and development agreements. Stability agreements guarantee for a period of 15 years certain terms and conditions (mainly fiscal) to which a company’s operations are subject. Development agreements may be granted to a mineral right holder that proposes to invest over $500 million in its mineral operations in Ghana. The GMM Act permits stability provisions to be incorporated into development agreements. Stability and development agreements are subject to parliamentary ratification. In January 2020, it was proposed that the GMM Act be amended by abolishing development agreements and shortening the maximum term of stability agreements from 15 years to five years (with a possible extension for a further five years). If the GMM Act were amended along these lines, such amendments would not apply retroactively and would therefore not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below). Those amendments to the GMM Act have not yet been adopted.

Ghana Stability Agreement

In 2004, following the implementation of the business combination between AngloGold Limited and Ashanti Goldfields Company Limited, AngloGold Limited and the Government of Ghana signed a stability agreement (the “Ghana Stability Agreement”) governing certain aspects of the fiscal and regulatory framework within which the company would operate in Ghana for a period of 15 years. In June 2018, the Ghana Stability Agreement ceased to apply to the Obuasi mine because of the parliamentary ratification of a new development agreement and a new tax concession agreement in relation to that mine (as described below).
The Ghana Stability Agreement continued to apply to the Iduapriem mine until it expired in April 2019. Since then, AngloGold Ashanti (Iduapriem) Limited (“AGA Iduapriem”) no longer benefits from the Ghana Stability Agreement. AGA Iduapriem benefits from certain concessions under two deeds of warranty, including exemptions from withholding taxes on dividends, interest and payments for foreign services, and allowable deductions.

Obuasi Development Agreement

AngloGold Ashanti (Ghana) Limited (“AGA Ghana”) negotiated a new development agreement in relation to the Obuasi mine (the “Obuasi DA”) with the Government of Ghana. On 21 June 2018, the Ghanaian Parliament ratified the Obuasi DA which contains stability terms as provided for in stability agreements. The Obuasi DA confers a number of rights and obligations on AGA Ghana with respect to the Obuasi mine, including, among other matters, (i) the stabilisation of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of ten years (with a potential of it being extended for five years); (ii) the right to hold up to 80 percent of proceeds received from exporting minerals in foreign currencies outside of Ghana; (iii) obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians; and (iv) the right to peaceful enjoyment and protection against expropriation.







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Obuasi Tax Concession Agreement

Fiscal terms, which would 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 (the “Obuasi TCA”) was signed with the Government. On 21 June 2018, the Ghanaian Parliament ratified the Obuasi TCA with a concession period until 31 December 2027. The Obuasi TCA contains a number of tax concessions for AGA Ghana with respect to the Obuasi mine, including, among other matters, (i) a corporate income tax rate of 32.5 percent or such lower rates as may be fixed by law (instead of the current statutory rate of 35 percent); (ii) exemption of certain transactions from capital gains tax; (iii) a sliding scale royalty rate ranging from three percent to five percent for a price ranging from $1,300 up to $2,000 and above per ounce (instead of the current flat rate of five percent); and (iv) certain VAT exemptions and refunds.

Government’s Golden Share

Section 60(1) of the GMM Act provides that the Government of Ghana can require a mining company to issue to the Republic of Ghana for no consideration a special share (a “Golden Share”). A Golden Share in AGA Ghana was issued to the Government of Ghana and the Obuasi DA confirms 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 confers certain rights on the Government in respect of AGA Ghana. For example, written consent of the holder of the Golden Share is required for, among other matters, (i) any amendment of the rights and restrictions in respect of the Golden Share; (ii) the voluntary winding-up or voluntary liquidation of AGA Ghana; (iii) the disposal of any mining lease held by AGA Ghana; and (iv) the disposal of all or substantially all of the assets of AGA Ghana. The holder of the Golden Share does not have the right to participate in the profits or assets of AGA Ghana (by way of dividend or other capital issuances), but is entitled to attend any general meeting of shareholders.

Tax laws relating to mining

Currently, the main tax laws in Ghana include the following acts and regulations, which have been frequently amended over the years:

•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);
•Revenue Administration Act, 2016 (Act 915) (as amended); and
•Exemptions Act, 2022 (Act 1083).

The Income Tax Act, 2015 (Act 896) ringfences and taxes income derived from mining operations at certainthe rate of 35 percent. The Obuasi TCA for AGA Ghana provides for a stabilised income tax rate of 32.5 percent. AGA Iduapriem currently pays income tax at the rate of 35 percent.

Furthermore, mining companies must pay ground rent and royalties. Ground rent is payable annually and is calculated based on the number of cadastral units of land held. Royalties are calculated as a percentage of total revenue from minerals obtained by the mining company. The Government of Ghana currently applies a five percent royalty rate to mining companies who have not agreed a different royalty rate under an agreement with the State. AGA Ghana pays royalties on a sliding scale ranging between three percent and five percent as provided for by the Obuasi TCA. AGA Iduapriem pays royalties at a rate of five percent.

The provision of goods and services is liable to value added tax (“VAT”) at a revised rate of 15 percent. In addition, there are separate levies, including a 2.5 percent National Health Insurance Levy (“NHIL”), a 2.5 percent Ghana Education Trust Fund Levy (“GetFund Levy”) and a one percent COVID-19 Levy. By virtue of the Obuasi TCA, AGA Ghana is exempt from the payment of the NHIL and GetFund Levy. In addition, while AGA Ghana is technically exempt from the payment of the COVID-19 Levy (as it became operational subsequent to the effective date of the Obuasi DA), the Company decided to pay the COVID-19 Levy voluntarily. AGA Iduapriem is not exempt from any of these levies.

The Exemptions Act, 2022 (Act 1083) (“Exemptions Act”) defines the scope of tax exemptions that may be granted under Ghanaian law, and sets out the administrative process for obtaining a tax exemption. The Exemptions Act requires a person with the benefit of an existing tax exemption to apply to the Ghana Minister of Finance by 11 March 2023 in order to continue to benefit from that tax exemption. The requirement to apply to the Minister of Finance does not affect AGA Ghana (as, by virtue of the Obuasi DA, AGA Ghana is stabilized against the adverse effects of, or obligations imposed by, any new laws). By contrast, AGA Iduapriem is subject to the provisions of the Exemptions Act.

Environmental laws relating to mining

Mining companies are required, under the GMM Act, Environmental Assessment Regulations, 1999 (L.I. 1652), Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462) and Water Use Regulations, 2001 (L.I. 1692), to obtain all necessary approvals from the Environmental Protection Agency (the “Ghana EPA”) and, in appropriate cases, the Water Resources Commission, the Forestry Commission and/or the Minerals Commission before undertaking mining operations. This includes undergoing an environmental impact assessment process and, following the issuance of the environmental permit, periodically preparing environmental management plans, which 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



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adverse effects of the mining operations, for submission to the Ghana EPA. 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 Minerals Commission for the operation of mines. The environmental permits of AGA Ghana (for the Obuasi redevelopment project and for the construction and operation of tailings and water infrastructure projects) are valid until June 2024. The environmental permits for AGA Iduapriem in connection with (i) gold mining and processing, (ii) the re-mining of Block 5 and for the tertiary crusher installation project and (iii) the construction and operation of a tailings storage facility (“TSF”) expired in August 2021, July 2022 and January 2023, respectively. The renewal process for the AGA Iduapriem environmental permits, which was commenced in advance of the expiry of the permits, is underway.

Environmental laws in Ghana also require mining operators to rehabilitate land negatively impacted by mining operations according to an environmental cost reclamation plan agreed with the Ghana EPA. The environmental cost reclamation plan includes two cost estimates, namely the cost of rehabilitating the mining area at the end of the life of the mine as well as the cost of rehabilitating the mine as at the date of the reclamation plan. These estimates are reviewed annually and updated every two years. Each mining company is typically required to secure a percentage (typically between 50 percent and 100 percent) of the estimated rehabilitation costs by posting reclamation bonds underwritten by banks and restricted cash. The terms of each reclamation bond are determined by a reclamation security agreement between that company and the Ghana EPA. Both AGA Ghana and AGA Iduapriem have bank guarantees in place for environmental reclamation liabilities as well as escrow accounts with joint signatories from the Ghana EPA. The guarantees for AGA Iduapriem expired in October 2022, whereas the guarantees for AGA Ghana expired in December 2022. Renewal of the bank guarantees (which commenced in advance of the expiry of the existing guarantees) has not yet been completed due to the continued depreciation of the Ghanaian cedi and its impact on the Bank of Ghana’s single obligor limit. AGA Ghana and AGA Iduapriem have notified the Ghana EPA of the resultant delays.

Foreign exchange, export and other rules

Retention of foreign earnings

The Obuasi mine is permitted to retain 80 percent of its operations. Numerous scientific, technicalforeign exchange earnings in an offshore foreign exchange account, whereas the Iduapriem mine is allowed to retain up to 75 percent. In addition, the Company has permission from the Bank of Ghana to retain and legal studiesuse U.S. 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.

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 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.

Local assaying and refinement policies

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 licences 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. Subsequently, in June 2019, the LNR Minister released a statement reiterating the Government of Ghana’s plans to locally refine 30 percent of the gold produced in the country. Discussions between the Ghana Chamber of Mines and the Government of Ghana’s economic management team in 2019 led to the Chamber agreeing to consider the proposal and for the parties to discuss detailed modalities to ensure that a move to locally refined gold does not become detrimental to the mining industry.

Local content and local participation 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. The Minerals and Mining (Local Content and Local Participation) Regulations, 2020 (L.I. 2431) came into force on 22 December 2020 with the purpose of developing Ghanaian participation in the mining industry value chain by imposing an obligation on mining companies to procure goods and services with Ghanaian content to the maximum extent possible.




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The Government’s election to purchase gold

In June 2021, the Bank of Ghana launched a “Domestic Gold Purchase Programme” through which the Bank of Ghana intends to purchase refined gold from AGA Ghana, AGA Iduapriem and other large-scale mining companies through voluntary arrangements pursuant to the Bank of Ghana Act, 2002 (Act 612). The LNR Minister indicated in November 2022 that the Government of Ghana intended to exercise its statutory right of pre-emption pursuant to the GMM Act to compel large-scale mining companies to sell 20 percent of their Ghana gold production and/or the resultant refined gold to the Bank of Ghana in exchange for Ghanaian cedis. Each of AGA Ghana and AGA Iduapriem executed voluntary gold purchase agreements with the Bank of Ghana on 29 December 2022. As at 10 March 2023, the Government of Ghana had not exercised its statutory right of pre-emption as prescribed in the GMM Act.

AngloGold Ashanti’s rights and permits

Obuasi

The Obuasi mine originally held four contiguous mining leases, namely, the Obuasi, Binsere 1, Binsere 2 and Binsere 3 Mining Leases. The Obuasi Mining Lease was granted by the Government of Ghana on 5 March 1994, covering 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. The Binsere Mining Leases were granted on 9 April 1998, covering an area of 140 km2, for a term of 30 years from the date of the agreement. All leases in respect of the Obuasi mine had been duly ratified in accordance with Ghanaian law. In March 2007, the Government of Ghana agreed to extend the term of the Obuasi Mining Lease for a further term of 30 years. The amended Obuasi Mining Lease was also ratified by Parliament on 23 October 2008. The Obuasi Mining Lease will expire in March 2054 and the Binsere Mining Leases in April 2028. The mining leases are renewable. On 3 March 2016, the Minerals Commission approved AGA Ghana’s application to surrender approximately 273.54 km2 of the area to the Government of Ghana, reducing the combined area under AGA Ghana’s 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. On 15 January 2021, the Minerals Commission approved AGA Ghana’s application to surrender a further 60.24 km2 of lease area, thereby reducing the total lease area to 141.22 km2 under three mining leases, namely, the Obuasi Mining Lease (87.48 km2), the Binsere 1 Mining Lease (29.03 km2) and the Binsere 2 Mining Lease (24.71 km2). These mining leases are covered by the Obuasi DA and Obuasi TCA.

Iduapriem

The Iduapriem mine operates under four different mining leases, namely, the Iduapriem Mining Lease (LVB1539/89) (36.47 km2), the Ajopa Mining Lease (LVB/WR326/09) (46.12 km2), the Teberebie Mining Lease (LVB3722H/92) (28.53 km2) and the Ajopa South Mining Lease (LR#1109/1999) (28.10 km2). On 17 February 2020, the mining leases were extended for a further period of 15 years and such leases will now expire in February 2035. All leases in respect of the Iduapriem mine have been undertakenduly ratified in accordance with Ghanaian law.

Guinea

General laws relating to assistmining

In Guinea, the mining industry is primarily 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 implemented by various decrees and orders, 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, and Decree D/2016/163/PRG/SGG on the national agency for the development of mining infrastructures (ANAIM), dated 13 June 2016.

In 2017, Decree D/2017/285/PRG/SGG was adopted, which sets forth the conditions for the constitution and management of the Local Development Fund (“Fodel”), as well as Joint Order A/2017/6326/MMG/MATD/SGG, which sets forth the conditions for the use, management and control of the Fodel. Together, these set forth the use of the mining companies’ financial contribution to the development of the local communities and the rules applying to the Fodel, which was created under the Guinea Mining Code. On 13 July 2018, a Joint Order A/2018/5212/MEF/MMG/MB/MATD/SGG was issued, which regulates the use, management and monitoring of the resources allocated to local authorities pursuant to article 165 of the Guinea Mining Code. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of Joint Order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee. On 6 September 2019, Decree D/2019/263/PRG/SGG was issued, which sets forth local content requirements in determining the magnitudeframework of the implementation of public and private projects in Guinea. On 27 May 2021, Order A/2021/1229/MMG/SGG was issued to establish the Steering Committee for local content in the mining sector. On 21 October 2022, Law L/2022/010/CNT, dated 22 September 2022, setting up the legal framework for local content in public and private projects was enacted (the “Local Content Act”). In particular, the Local Content Act regulates local employment, procurement of goods and services, and subcontracting



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requirements. As the Local Content Act does not expressly repeal the provisions of Decree D/2019/263/PRG/SGG, those provisions remain in force to the extent that they do not conflict with the Local Content Act.

On 16 June 2020, a new procedure for the export of gold by mining companies was enacted through the adoption of Decree D/2020/113/PRG/SGG, which sets out, amongst other things: (i) when the industrial production tax referred to in article 161-1 of the Guinea Mining Code shall be paid, and (ii) the process to be followed to export gold bullion.

On 27 April 2021, a Joint Order AC/2021/824/MMG/BCRG/SGG was issued establishing the fees and costs charged by the Guinean mining authorities and the Guinean Central Bank in connection with the administrative procedures for the export of gold by industrial and semi-industrial companies.

AngloGold Ashanti’s rights and permits

The Group’s Guinean subsidiary, Société AngloGold Ashanti de Guinée S.A. (“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 (the “Mining Concession”). The Mining Concession covers exploration and mining for gold, silver, diamonds and associated ores, and was originally covered by a mining convention entered into with the Republic of Guinea in 1993 and amended in 2005. On 28 June 2016, SAG and the Government of Guinea concluded a revised and consolidated mining convention (Convention de Base Révisée et Consolidée) (the “Revised Mining Convention”) which encompasses a renewal of the term of the original mining convention and other amendments necessary to support an expansion project to extend the life of the Siguiri mine (the “Expansion”). In compliance with the provisions of the Guinea Mining Code, the Revised Mining Convention 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 (Judgement 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), following which it replaced the original mining convention and became effective on 24 January 2017.

Key elements of the Revised Mining Convention include the following:

a duration of 25 years, expiring 23 January 2042, subject to further renewal if mining operations continue;
the term of the Mining Concession is aligned with the term of the Revised Mining Convention since the Republic of Guinea committed to maintain the Mining Concession for the entire duration of the Revised Mining Convention;
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 Mining Convention;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Mining Convention, 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 five 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: three percent if the gold price is $1,300 or less, five percent, if above $1,300 and up to $2,000 and seven percent if above $2,000;
SAG benefits from 5-year income tax holiday 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 ten 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 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 Mining Convention. The Revised Mining Convention also grants SAG 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. While the Mining Concession expired on 4 August 2022, a renewal request had been filed prior to its expiry in accordance with the provisions of the Revised Mining Convention on 1 February 2022. Pursuant to the Revised Mining Convention, the Mining Concession can be renewed for one or more period(s) that cannot exceed ten years each as long as the Revised Mining Convention is in force.

The Revised Mining Convention 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.






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Mali

General laws relating to mining

The mining industry in Mali is primarily regulated by Ordinance No. 2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (the “Mali Mining Code”) and Decree No. 2020-0177/PT-RM dated 12 November 2020 implementing the Mali Mining Code. On 8 December 2020, Decree No. 2020-0288/PM-RM enacted the new model mining convention referred to in Decree No. 2020-0177/PT-RM.

The Mali Mining Code applies to the mining operations previously carried out by AngloGold Ashanti entities in Mali (as further described below) 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 (conventions d’établissement) for their remaining duration. In this regard, the transitory rules of the 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.

Exploration and prospecting activities are carried out under exploration authorisations (autorisation d’exploration) or exploration permits (permis de recherche), which give their holder the exclusive right to carry out exploration activities over a given area. Exploration authorisations are granted by the Mining Administration (Administration chargée des Mines) for a non-renewable period of three months, while exploration permits are granted by Ministerial Order for a period of three years renewable twice for additional 3-year periods. Applications for exploration authorisations 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.

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 and grants the holder an exclusive right to exploit the named substances and proceed with the processing and commercialisation of the substances extracted within its perimeter. Large scale exploitation permits are granted by decree of the Head of Government for a maximum period of 12 years renewable for ten year-periods until depletion of the deposits. An application must be submitted to the Mining Administration (Administration chargée des Mines) and 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 to find sustainable remediation solutions. Based on those studiesrehabilitation plan as well as discussion with regulators,a community development plan. As soon as the large scale exploitation permit is granted, the permit holder must incorporate a company under the laws of Mali and assign the permit for free to this company. The State will have a ten 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 has taken steps, including monitored natural attenuationis required to ensure that private Malian investors are offered the possibility to acquire five percent of their capital.

All mining titles mentioned above (save for the exploration authorisation) require a mining convention (convention d’établissement) to be signed by the State and phyto-technologies,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 the Morila, Sadiola and Yatela gold mines, all of which were governed by mining conventions (conventions d’établissement) 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). The Morila and Sadiola gold mines were sold in November and December 2020, respectively.

In April 2017, Société d’Exploitation des Mines d’Or de Yatela S.A. (“Yatela”), the company operating the Yatela gold mine, began the implementation of a closure plan in order to address soilrelinquish the property. In February 2019, AngloGold Ashanti and groundwater contamination. Subjectits joint venture partner IAMGOLD Corporation announced an agreement to sell each of their 40 percent interests in Yatela to the completionGovernment of trialsMali, which holds the remaining 20 percent interest. Completion of the transaction is subject to the fulfilment or waiver of a number of conditions precedent and has been delayed several times since 2019 due to political instability and related events in Mali as well as the COVID-19 pandemic. 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, Chapter 123 (R.E. 2019), as amended (the “Tanzania Mining Act”) and the technology beingMining Regulations, 2018 (the “Tanzania Mining Regulations”). The Tanzania



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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. The Mining (Local Content) Regulations were amended and came into force on 23 September 2022. Those amendments, together with an Executive Order, introduced, among other matters, (i) the Tanzania Mining Commission; (ii) local content requirements in employment and for procurement of goods and services; (iii) Mining Licence requirements of five percent of a proven remediation technique, no reliable estimate canlicencee’s equity to be madeheld by Tanzanians, with at this timeleast 80 percent of its managerial positions to be held by Tanzanians and 100 percent of non-managerial and other positions to be 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); and (iv) regulations for the obligation. Should these obligationsgovernment warehousing of minerals prior to export/sale.

Minimum shareholding and public offering

In 2016, the Mining (Minimum Shareholding and Public Offering) Regulations, 2016, as amended, was adopted. 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, the Company believes the listing requirement conflicts with the mining development agreement. In September 2020, the Government of Tanzania published the Mining (Minimum Shareholding and Public Offering) (Amendment) Regulations, 2020, which exempts companies holding special mining licences from local listing requirements if such mining company has entered into an agreement with the Government of Tanzania that provides for a non-dilutable free-carried interest in such mining company and an economic benefits sharing arrangement.

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 significant,affected by recent legal and fiscal changes adopted by the Government in light of their mining development agreements which guarantee (i) fiscal and regulatory stability, and (ii) 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 couldlegislation in July 2017. Declaratory relief is sought in accordance with the terms of the company’s existing mining development agreement to preserve its and its shareholders’ rights and interests in the Geita gold mine. AngloGold Ashanti is seeking confirmation from the Government of Tanzania that, as a result of its existing mining development agreement, the company does not fall within the scope of the new mining legislation that includes, among other things, (i) listing requirements; (ii) an increase in the rate of revenue royalties from four to six percent and a one percent clearance fee; and (iii) a right for the Government of Tanzania to (a) renegotiate existing mining agreements at its discretion, (b) receive a non-dilutable, free-carried interest of no less than 16 percent in all mining projects, and (c) 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. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirements, will not apply to its operations in Tanzania and the outcome of the arbitration action may 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. See also “Item 8A: Legal Proceedings-Tanzania”.



Categories of mineral right licences
ANGLOGOLD ASHANTI GLOBAL OPERATIONS: 2019

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 Mining Commission (“MC”) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MC may then grant a form of licence for mining. Three categories of licences can be applied for under the Tanzania Mining Act: licences for exploration, licences for mining, and licences for ancillary activities. Licences for exploration include prospecting licences and gemstone prospecting licences. Licences for mining include special mining licences (if the proposed capital investment is equal to at least $100 million), mining licences (if the proposed capital investment is equal to between $100,000 and $100 million) and primary mining licences (reserved for Tanzanian citizens).


worldmap2.jpgA 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. An application for a prospecting licence is made to the Mining Commission and the licence, once granted, 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.



OperationsMining 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. 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 and projectssuch renewal shall not be for a period exceeding the estimate life of the remaining ore body. Special



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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  
      
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. A special mining licence holder may, in certain circumstances, amend the programme of the mining operations agreed with the MC.


Percentages indicateTax laws relating to mining

Currently, the ownershipmain tax laws in Tanzania comprise the Finance Act, 2015 (No. 16), which came into force on 1 July 2015, the Finance Act, 2017 (No. 4), which came into force on 1 July 2017, and currently the Finance Act, 2022 (No. 5), which came into force on 1 July 2022. All tax laws impose and revise certain taxes, duties, levies and fees. Among other provisions, inspection or clearance fees on the exportation or domestic use of minerals were introduced. 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 one percent of the gross value of the minerals has been paid by the exporter or any other person in possession thereof. Local government levies and environmental management fees and charges apply as well.

Effective 20 July 2017, the Value Added Tax Act, 2014 (No. 5) (the “VAT Act”) was amended in order to restrict VAT relief for VAT input tax paid by mining companies on goods and services. Prior to the enactment of this amendment to the VAT Act, mining companies were entitled to 100 percent VAT relief in respect of the goods and services they purchased. The amendment prohibits refunds for VAT input tax incurred on a series of raw products, including the exportation of “raw minerals”. Subsequently, the Tanzania Revenue Authority (“TRA”) denied our applications for VAT input credit refunds, which amounted to a total of $153 million (after discounting provisions) as of 31 December 2022, covering the period from July 2017 onwards, on the basis that all of the gold doré that we export constitutes “raw minerals” for purposes of the VAT Act. In response, the company filed formal notices of objection with the TRA stating that the exportation of gold doré is, in its view, not covered by the restriction since doré does not fall within the category of “raw minerals” as used in the VAT Act. On 22 February 2019, the Tanzania Mining Act was amended to introduce a definition for “raw minerals” which supports our interpretation that gold doré is excluded from the prohibition. On 1 July 2020, the Finance Act, 2020 (No. 8), amended the VAT Act, without retrospective effect, in order to remove the restrictions on VAT input tax credits for the exportation of “raw minerals” as well as a series of other raw products. This recent amendment confirms the technical basis for VAT input tax recovery for mineral exporters from July 2020 onwards. VAT claims from July 2020 onwards are subject to verification procedures by the TRA before any refunds will be received. In 2022, the company was able to offset $45 million of verified VAT claims (from July 2020 onwards) against its corporate tax liability in Tanzania. Discussions with the TRA are ongoing to resolve our historical claims for VAT input credit refunds for the period from July 2017 to June 2020.

Natural resources, export and other rules

Natural resources legislation

In Tanzania, two laws in respect of natural resources came into force in July 2017: the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017 (No. 6) (the “Unconscionable Terms Act”) and the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (No. 5) (the “Permanent Sovereignty Act” and together with the Unconscionable Terms Act, the “Natural Resources Laws”). Implementing regulations were published in January 2020. The Natural Resources Laws provide that Tanzania has sovereignty over its natural resources and that all arrangements or agreements that relate to “natural wealth and resources” are subject to review by the National Assembly to ensure that they are in 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. 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. 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.

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. If both parties fail to revise the unconscionable term, the term will be deemed removed from the agreement. A term is considered “unconscionable” under the Unconscionable Terms Act if, among other grounds, the requirements or provisions of the agreement restrict 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, secure preferential treatment designed to create a separate legal regime to be applied discriminatorily for the benefit of a particular investor, deprive the people of Tanzania of the economic benefits derived from subjecting natural wealth and resources to beneficiation in the country, or subject the state to the jurisdiction of foreign laws and foreign courts or tribunals.






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State participation

On 23 September 2022, the Mining (State Participation) Regulations, 2022 (the “SPR 2022”) came into force. The SPR 2022 required every mining licence or special mining licence holder to give notice to the MC to initiate negotiations to enable the Government of Tanzania to acquire a shareholding in the mining operation by 23 December 2022. On 9 December 2022, the company notified the MC that it had already initiated negotiations with the Government of Tanzania prior to the coming into force of the SPR 2022. The Government’s equity interest must consist of a non-dilutable free-carried interest in the mining operation ranging between 16 percent and 50 percent depending, in part, on the quantification of tax expenditures enjoyed by the mining entity during its establishment and on the extent of Government development of public infrastructure servicing the mining operation. The free-carried interest shares (the “FCI shares”) will be regarded as preferred shares and will entitle the Government to a dividend. Further, the FCI shares give the Government the right to appoint two directors (out of five) of the company engaged in the mining operation and the right to approve at least two suitable persons to the top executive management of the company engaged in the mining operation as may be agreed in the shareholders agreement. Any other management positions created by the company engaged in the mining operation shall be shared with the Government on a ratio of 3:1. The SPR 2022 also provides for the non-deductibility of royalty payments in the calculation of corporate income tax.

Local participation policy

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, 2015 (No. 1) (the “Non-Citizens Act”) came into force which 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 be satisfied that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan to both the Labour Commissioner and the MC 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.

The Tanzania Investment Act No. 10 of 2022

On 2 December 2022, the Tanzania Investment Act, 2022 (No. 10) (the “Investment Act”) came into force. The Investment Act restores the right to international arbitration and grants foreign investors access to settle disputes with the Tanzania Investment Centre or the Government of Tanzania through arbitration. Pursuant to the Investment Act, parties to a dispute may agree to the use of a local or foreign arbitration venue.

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 (SML45/99) covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024. The internal renewal process for the special mining licence (SML45/99) is underway with a view to submitting an application for renewal prior to its expiry date. On 9 October 2014, an addendum to the mining development agreement was entered into ratifying, among other matters, an increase in the royalty rate from three percent to four percent with effect from 1 May 2012. In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining licence from open pit to underground method, subject to the requisite terms and conditions. Within the special mining licence area, there are also seven primary mining licences of approximately 0.63 km2 in total which belong to third parties. Furthermore, AngloGold Ashanti holds prospecting licences covering (i) an area of 120 km2 in the immediate vicinity of its special mining licence area, and (ii) an area of 690 km2 located in the Dodoma, Singida and Shinyanga regions, but none of these areas contain any Mineral Reserve. All licences are in good standing.


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) (the “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, in the state of Western Australia, the Mining Act 1978 (WA) provides that an applicant for the grant of, or the holder of, a mining tenement is responsible for native title compensation, if determined to be payable, to native title holders.



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Federal, state and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the native title legislation. State and territory heritage laws exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. In Western Australia, impacts to Aboriginal cultural heritage are regulated by the Aboriginal Heritage Act 1972 (WA). However, this legislation will be repealed and replaced by the Aboriginal Cultural Heritage Act 2021 (WA) (the “ACH Act”) which was enacted in 2021. The regulations, management code and various guidelines which underpin the ACH Act are being co-designed by the State government, traditional owners, industry and other stakeholders. The ACH Act will not become fully operational until the co-design process is complete in mid-2023 at the earliest. 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. AllAshanti’s tenure due to native title or heritage legislation and, at this stage, it is not possible to predict any significant impact that may result in the future from the final regulations, management code and various guidelines under the ACH Act, once adopted.

AngloGold Ashanti’s operating properties are located in the state of Western Australia where tenure is issued under, and mining 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.

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.


OPERATING PERFORMANCEIt is possible for an individual or entity to own an area of land (including 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.


Group descriptionTax 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 (including a public consultation period) pursuant to applicable environmental protection legislation prior to commencement. Further, a works 'construction' approval and 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. In Western Australia, legislation removing the distinction between “works approvals” and “licenses” is expected to enter into force in December 2023 such that, following the effective date, only a “license” will be required for “prescribed activities”, which include relevant works and operations on a mining lease, and not a separate “works approval”. Depending on the jurisdiction, additional approvals may be required for the removal of native vegetation within the tenement, and the taking and use of water for exploration and mining operations.

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, one mining lease (M39/1116) covers the deposit and mine infrastructure (approximately 7,808 hectares) and another mining lease (M39/1117) covers the water extraction infrastructure used to supply the operation with water (approximately 1,768 hectares). Both leases are currently in good standing, with expiry dates in 2038.

The Butcher Well joint venture has security of tenure for all current exploration licences and for the contiguous mining leases that covers its Mineral Resource. There are three mining leases: mining lease (M39/165) which covers 602.35 hectares with expiry date in 2030, mining lease (M39/166) which covers 990 hectares with expiry date in 2030 and mining lease (M39/230) which covers 446.4 hectares with expiry date in 2032.




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At Tropicana, the deposit is situated upon a single mining lease (M39/1096) covering approximately 27,228 hectares, which is currently in good standing, with an independent, globalexpiry date in 2036.

AngloGold Ashanti Australia Limited is also conducting early stage exploration activities in Queensland under the Mineral Resources Act 1989 (QLD). AngloGold Ashanti holds 15 exploration permits covering 316,851 hectares. Each permit is granted with an initial term of five years, renewable for two further periods of not more than five years each.


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 as well as mining concessions, or exploitation rights. 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. 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 (the “Mining Investment Law”), and related legal provisions being the most important one. Such incentives include, among other matters, import duty exemptions, accelerated depreciation of fixed assets, a three 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. (“CVSA”) 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) (the “Glacier Law”) was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. 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.

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) (the “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



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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 to finance education, health and other programmes. Additionally, the FMA included setting forth mining royalties up to three percent of the gross value of commercialised 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 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.

Foreign exchange and export rules

Foreign exchange controls

On 1 September 2019, by means of Executive Decree No. 609/2019 (the “Export Controls Decree”), the Argentinean national government reinstated foreign exchange and export controls. The Export Controls Decree and related regulations of the Central Bank of Argentina impose, 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 de cambios) the countervalue (contravalor) from their exports of goods within a specified period. The export of goods is regulated by the Consolidated Text on “Foreign Trade and Exchange” issued by the Argentinean Central Bank (as amended from time to time) which establishes the specific regulatory requirements to implement the measures adopted by the national government in this area. Prior approval of the Argentinean Central Bank is generally required to access the foreign exchange market for transactions relating to the outflow of funds, except in certain circumstances.

In October 2022, the Argentinean national government implemented the Argentinean System of Imports (Sistema de Importaciones de la República Argentina) (“SIRA”) and the Argentinean System of Imports and Foreign Payments of Services (Sistema de Importaciones de la República Argentina y Pagos de Servicios al Exterior). Importers must obtain a SIRA approval in the form of a SIRA certificate for the import of goods and to access the foreign exchange market for payments in connection with the import of goods. Additionally, from 1 January 2023, Argentinean residents, such as CVSA, must comply with certain supplementary provisions in order to access the foreign exchange market without prior approval of the Argentinean Central Bank, unless an exception applies.

CVSA had a cash balance equivalent to $116 million at 31 December 2022. The cash balance is available to be paid to AngloGold Ashanti’s offshore ($105 million (equivalent)) and onshore ($15 million (equivalent)) investment holding companies in the form of declared dividends. Applications have been made to the Argentinean Central Bank to approve the purchase of U.S. dollars in order to distribute offshore dividends related to the 2019, 2020 and 2021 financial years of $105 million (equivalent) to AngloGold Ashanti. Also, under a special regime established for dividend payments, a new petition to distribute a portion of the offshore dividends applied for, in the amount of $54 million (equivalent), was submitted to the Argentinean Central Bank during the third quarter of 2022. In December 2022, the Argentinean Central Bank approved, based on the applications submitted under this special regime, the payment of $17 million (equivalent) to AngloGold Ashanti. As a result, during 2022, AngloGold Ashanti received offshore dividends from CVSA in a total amount of $17 million (net of withholding taxes) paid in U.S. dollars. While the remaining approvals are pending, the cash remains fully available for CVSA’s operational and exploration requirements.

Export duties

On 21 December 2019, the National Law on Social Solidarity and Productive Reactivation (Law No. 27, 541) (the “Solidarity Law”) was enacted. The Solidarity Law granted 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 eight percent of the taxable value or official FOB price. On 2 October 2020, the national government published Decree No. 785/2020 (the “Export Duties Decree”) which sets an export duty rate of eight percent for certain goods, including doré bars and gold alloys, and revoked the provisions of Decree No. 793/2018 which had previously set the export duty at 12 percent ad valorem. While the Export Duties Decree was set to expire at the end of 2021, on 31 December 2021, the national government published Decree No. 908/2021, extending the deadline of export duties on certain goods, including doré bars and gold alloys, until 31 December 2023. It is uncertain whether the national government is empowered to extend such deadline beyond the date set forth in the Solidarity Law. These export duties, if not compensated with other tax reductions, affect the tax stability guarantee granted to CVSA in 1996 in light of the fact that at the time export duties were zero percent.



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On 26 February 2019, the Argentinean tax and mining authorities published a resolution (RC 4428/2019) establishing an administrative procedure to be followed to obtain the reimbursement or compensation of federal taxes paid in excess of the total tax burden provided for by the applicable tax stability guarantee (the “2019 Procedure”). CVSA initiated the 2019 Procedure to claim compensation for the export duties it paid in 2018, 2019 and 2020 as export duties are not contemplated by its tax stability guarantee. Prior to the publication of RC 4428/2019, CVSA had already submitted to the tax authorities claims for reimbursement of the export duties it paid from 2008 to 2015.

Pursuant to the 2019 Procedure, the National Mining Secretariat issued favorable opinions regarding CVSA’s claims in respect of fiscal years 2018 and 2019, which amounted to approximately $2.0 million and $6.3 million, respectively, as of 31 December 2022. These claims are currently under review by the relevant customs authorities. On 14 July 2021, CVSA submitted its claim in respect of fiscal year 2020, which amounted to approximately $12.4 million as of 31 December 2022. The National Mining Secretary has not yet issued an opinion regarding this claim.

Furthermore, CVSA has requested the tax authorities to apply the 2019 Procedure in respect of its historical claims for fiscal years 2008 to 2015 during which the imposition of export duties also exceeded CVSA’s total tax burden under its tax stability guarantee. However, these claims, which amounted to approximately $3.1 million as of 31 December 2022, are still being reviewed under the rules to challenge export duties instead of the 2019 Procedure. CVSA has appealed the application of those rules and a decision on this issue is pending.

On 9 June 2022, the Argentinean tax and mining authorities published a resolution (RC 5205/2022) establishing a new administrative procedure to be followed to obtain the reimbursement or compensation of federal taxes paid in excess of the total tax burden provided for by the applicable tax stability guarantee (the “2022 Procedure”). This 2022 Procedure replaces the 2019 Procedure established by RC 4428/2019. On 20 September 2022, CVSA submitted its claim for compensation for the export duties in respect of fiscal year 2021, which amounted to approximately $11.2 million as of 31 December 2022, pursuant to the 2022 Procedure. This claim is currently under review by the National Mining Secretary.

In total, AngloGold Ashanti’s net export duty receivables (after discounting provisions) in Argentina amounted to $9 million as of 31 December 2022.

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, obligations to restore the environment, temporary or permanent closure of activities, and withdrawal of authorisation to conduct mining-related activities.

AngloGold Ashanti’s rights and permits

The mining concession holder of Cerro Vanguardia, the Company’s operation in Argentina, is AngloGold Ashanti’s partner, Fomento Minero de Santa Cruz S.E. (“Fomicruz”), which is wholly owned by the Santa Cruz Province. On 27 December 1996, Fomicruz entered into a globally diverse, high-quality portfoliousufruct agreement whereby CVSA was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 km2) for a 40-year period. The mining licence (402642/CV/97), which covers the full Mineral Reserve, expires on 26 December 2036. CVSA is a corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti (92.5 percent), with Fomicruz as minority shareholder (7.5 percent). On 14 August 1996, CVSA 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.




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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 the ANM are valid for one to four years. One extension can be obtained automatically as long as it is justified. For more than one extension, the extension request will have to satisfy specific legal requirements. 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 the ANM, and (iii) refrain from suspending mining activities without prior notice to the 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 “inspection and control” tax (duty) on extraction and exploration activities as well as on the use of Mineral Resource carried out in those states. In the state of Minas Gerais, gold ore and silver ore are exempted from the collection of this new duty. At the end of 2020, the state of Goiás created a new “inspection and control” tax (duty) on extraction and exploration activities carried out in this state, which currently still needs to be implemented. The constitutionality of these “inspection and control” taxes was upheld by the Supreme Court of Brazil on 1 August 2022.

Environmental laws relating to mining

Following the catastrophic failure of a tailings storage facility (“TSF”) at the Córrego do Feijão iron ore mine owned by Vale at Brumadinho in the state of Minas Gerais in Brazil in January 2019, executive, legislative and judiciary bodies, both at the federal and state levels, have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and 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.

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 operators to cease all storage and disposal activities at TSFs (known as “deactivation” or “desativação”) constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as to decommission such TSFs by 15 September 2022 to 15 September 2027 (depending on the capacity volume). To comply with the terms of ANM Resolution No. 13/19, the Serra Grande tailings dam in the state of Goiás must be decommissioned by 15 September 2025. The Serra Grande mine completed the process of reinforcing the dam walls of its upstream TSF, deactivating the TSF and migrating to dry-stacking operations, each by the 15 September 2021 deadline.

Furthermore, Federal Law No. 14.066/20, adopted in October 2020, also imposes requirements on companies to decommission upstream TSFs, including the Serra Grande tailings dam, by 25 February 2022 (which date is earlier than required by ANM Resolution No. 13/19). However, Federal Law No. 14.066/20 does permit extensions of the compliance deadline, with the consent of the ANM based on the technical plan for decommissioning. Serra Grande submitted timely requests to obtain an extension of the compliance deadline until 2025 in line with the timeline set forth in ANM Resolution No. 13/19 and presented its technical plan for decommissioning. On 26 May 2022, the ANM issued a technical note allowing the extension until 2025. With respect to downstream (or “centerline”) TSFs, Federal Law No. 14.066/20 requires companies, to the extent that communities are located in the self-rescue zone of those TSFs, to implement one of the following measures for such structures: either (i) the structure must be deactivated 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, deactivation and decommissioning of those TSFs will be required at the end of the life of the mine. All of the TSFs operated by AngloGold Ashanti in Brazil have communities located in self-rescue zones.




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As of 31 December 2022, AngloGold Ashanti has fully transitioned to dry-stacking operations for tailings storage at each location in Brazil. Capital expenditures required in 2022 to implement this new technology amounted to approximately $83 million. Capital expenditures for work required to comply with TSF-related requirements during the period 2023-2025 are expected to be material but, based on preliminary estimates to date, AngloGold Ashanti anticipates that annual expenditures for each of these years will be less than in prior years and will decline over time. Neither ANM Resolution No. 13/19 nor Federal Law No. 14.066/20 requires removal of all tailings material in connection with the decommissioning of TSFs (a process known as “decharacterisation” or “descaracterização”).

At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which contains 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, establishes bond requirements and holds management liable for non-compliance with its provisions. The government of Minas Gerais adopted several decrees in furtherance of this legislation.

In addition, ANM Resolution No. 95/22, which became effective on 22 February 2022, effectively consolidates prior federal resolutions on TSFs, including ANM Resolution No. 13/19, and establishes new criteria for the operational management of TSF structures, changes the criteria related to the risk classification of TSF structures and emergency levels and sets new criteria for the suspension, embargo (order to stop operations) and interdiction of TSF activities. Operators of TSFs were mandated to conduct and submit risk assessments to the ANM by December 2022 and are required to update those risk assessments every two years. Operators are also required, on an annual basis, to obtain certifications from external consultants of the geotechnical stability of TSF structures and the adequacy of emergency response plans. In late 2022, tailings deposition was required to be suspended due to embargos at five of AngloGold Ashanti’s TSFs in Brazil pending certification by external consultants of on-site emergency response plans (Declaração de Conformidade e Operacionalidade (“DCO”)) as well as, at one such TSF, certification by external consultants of geotechnical stability (Declaração de Condição de Estabilidade (“DCE”)) consistent with the new standards. In addition, at the Calcinados TSF, a risk assessment conducted in December 2022 with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice. Construction at the Calcinados TSF is expected to begin later in 2023, and the timeline for completion will be determined once the engineering and geotechnical work has been completed by external consultants. Tailings deposition at the Calcinados TSF, as well as processing of gold concentrate at the Queiroz plant, which services the Cuiabá mine complex, is suspended until additional buttressing of the Calcinados TSF impoundment is complete.

On 1 December 2022, the ANM published ANM Resolution No. 122/22, which relates to administrative sanctions for non-compliance with mining and dam safety regulations and which, in addition to significantly increasing the values of applicable fines and penalties, establishes procedures and parameters for available sanctions including seizures of ore, goods and equipment, suspension of mining activities, demolition of mine infrastructure and invalidation or cancellation of title and exploration licences.

Further amendments to the regulatory requirements in Brazil governing such TSFs and related dams are expected to be adopted in 2023.

AngloGold Ashanti’s rights and permits

At AGA Mineraçao, Cuiabá has a single mining concession (No. 000.323/1973) covering a total area of 3,662 hectares. In February 2022, two additional mining concessions for Cuiabá (Nos. 830.937/1979 and 831.027/1980) were published, which cover an additional area of 816.2 hectares. Lamego has a single mining concession (No. 932.710/2017) covering a total area of 1,622 hectares. Córrego do Sítio is hosted by five geographically contiguous mining concessions (i.e., Nos. 930.556/2000, 930.181/2008, 830.129/1982, 833.472/2003 and 830.943/1979) covering a total area of 6,017 hectares.

At Serra Grande, the Company has interests in or agreements over 25,719.94 hectares in the Crixás greenstone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. The mining concessions include mining concession No. 002.286/1935 covering an area of 4,206.88 hectares, mining concession No. 960.658/1987 covering an area of 1,946.89 hectares, mining concession No. 860.746/2005 covering an area of 88.28 hectares, mining concession No. 862.103/1994 covering an area of 125.41 hectares and mining concession No. 804.366/1975 covering an area of 196.05 hectares.

All of the Company’s mining concessions in Brazil are currently active, in good legal and operational standing, and free of liabilities and/or major obligations. Brazilian mining concessions remain valid up to the depletion of the Mineral 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.










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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 over free areas 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 (Agencia Nacional de Minería) grants the authorisation 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 these timelines are extended or modified. 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 licences. 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 programme

In 2013, the national government instituted the PINES programme 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 programme, but La Colosa was temporarily removed as such (until the force majeure is headquarteredover).

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 Johannesburg, South Africa. Measuredplace, 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 registered. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a five 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 four 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 licence is granted the concessionaire must invest one percent of the project’s value to benefit the basins covered by the environmental licence.







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Environmental laws relating to mining

In order to obtain an authorisation to carry out a mining project, a company must prepare an Environmental Impact Study (“EIA”) for approval by the National Environmental Licensing Authority of Colombia (Autoridad Nacional de Licencias Ambientales or “ANLA”). Global environmental licences are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination. Construction and assembly permits (Plan de Trabajos y Obras or “PTO”) are granted by the mining authority with jurisdiction over the project.

In Colombia, 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, a company whose concession was voided 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 subsidiaries of the company operating in Colombia, if those concession contracts are held singularly or in concert with joint venture partners.

Mining activity is prohibited in 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 and the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, Resolution 1987/2016, passed by the national 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.S. (“AGA Colombia”) remains in force majeure due to delays in granting environmental permits by national and local environmental authorities, thereby preventing AGA Colombia from undertaking further exploration activities. The most recent one-year grant of force majeure, during which time the specified timelines for completing the various phases of the mining project under the concession contract are suspended, will expire on 22 June 2023. 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 integrated mining concession contract (EIG-163) which covers a total area of 9,210 hectares and expires on 28 February 2037.

Minera de Cobre Quebradona S.A.S. B.I.C. (“MCQ”) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016 and registered in December 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. Concession contract 5881 initially covered a total area of 7,593 hectares, which was reduced to 4,881.89 hectares by the relevant mining authority (Secretaría de Minas de Antioquia) on 4 March 2022. It will expire in May 2037 and is currently in its seventh year of the integrated exploration phase. In September 2021, the permits for the construction and mining operation were approved by the relevant mining authority (Secretaría de Minas de Antioquia). On 4 November 2021, ANLA officially notified AngloGold Ashanti of its decision to ‘archive’ the environmental licence application relating to the Quebradona project. ANLA has neither denied nor granted the licence, but deemed that the information provided by AngloGold Ashanti is not enough for this authority to take a substantive decision. On 18 November 2021, AngloGold Ashanti appealed the third largest gold mining companyarchiving decision in order to secure further details on the specific additional information ANLA requires to make a determination. ANLA denied the appeal on 29 April 2022 and the archiving decision was confirmed. AngloGold Ashanti is in the world.process of preparing a new Environmental Impact Assessment for the Quebradona project to submit to ANLA in connection with its environmental licence application.


Our portfolioThe Gramalote project is organised as a joint operation between AngloGold Ashanti (through AGA Colombia Holdings Limited and AngloGold Ashanti Holdings plc) and B2Gold (through B2Gold Corp. and Graminvest Ventures Limited). Gramalote Limited, a company incorporated under the laws of 14British Virgin Islands which is the legal vehicle operating the joint operation, established a Colombian branch, Gramalote Colombia Limited (“GCL”), to carry out activities in Colombia and obtain the mining concession contracts necessary to develop the Gramalote project. The Gramalote joint operation has been operated by B2Gold since January 2020. Pursuant to an integrated mining concession contract No. 14292, GCL was granted the exclusive right to explore, take ownership and dispose of the mineral reserves (ore) extracted from the concession area (which covers a total area of 8,720.71 hectares and includes the Gramalote and Monjas anomalies) until April 2043. GCL has the right to request an extension of the operating period for up to 20 years, and, if exercised, such request to extend must include new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract



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No. 14292 is in the phase of construction and assembly, pending resettlement of communities and the formal start of construction activities. GCL has received an environmental licence granted by ANLA and permits for the construction and mining operation which were approved by the relevant mining authority (Secretaría de Minas de Antioquia). GCL also holds an exploration concession No. 4894 (which covers a total area of 2,279.32 hectares and includes the Trinidad anomaly) which expires in 2044 and an exploration concession No. QHQ-16081 (which covers a total area of 9.78 hectares) which expires in 2052. Following the completion of the feasibility study in the second half of 2022, AngloGold Ashanti and B2Gold determined that the Gramalote project does not meet their investment thresholds for development. Following a comprehensive review of the alternatives relating to the project, both joint operation parties commenced a joint sales process for the Gramalote project, which is currently ongoing.

United States of America (Nevada)

General laws relating to mining and land ownership

General regime

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. The right to mine on such federal land in western states is governed by the U.S. General Mining Law of 1872, as amended (the “General Mining Law”), as well as relevant state statutes and regulations. The General Mining Law allows mining claims (for mining and mining-related activities) on certain federal lands after proper compliance with claim location and maintenance requirements.

Mineral exploration activities in Nevada are also generally subject to applicable federal, state, and local permitting requirements, but the specific regulatory authorisations required for the company’s activities are based on the nature and location of the exploratory work. Many of the company’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, while projects that are more advanced require additional permitting, including a Plan of Operations approved by the federal Bureau of Land Management (“BLM”). The State of Nevada Division of Environmental Protection’s Bureau of Mining Regulation and Reclamation (“BMRR”) also regulates mining within the state of Nevada. However, exploration projects of five acres or less on federal land, the scope of a notice-level operation under federal law, are exempt from BMRR regulation. Certain of the company’s early-stage exploration activities fall within this exemption.

The company is currently engaged in exploration activities on certain of its unpatented claims that include, but are not limited to, geological and spectral mapping, surface geochemical sampling, geophysical surveying and RC and/or diamond drilling.

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 and other entities the ability to petition the U.S. Secretary of the Interior to make certain areas unavailable for the location of unpatented mining claims. In June 2020, former President Trump signed an executive order directing certain federal agencies to streamline the review processes associated with permitting of infrastructure and natural resources projects. Many of those policies have subsequently been rescinded by the Biden administration. While certain other executive orders may favorably affect the timing of our permit and project approvals, the impact is yet to be determined and remains uncertain.

There are a number of bills being proposed to the Nevada state legislature during the 2023 legislative session that could impact the company’s planned operations. These include proposed legislation that would alter the way water rights are administered by the state, as well as a bill that would, if enacted, impose additional requirements for environmental review of mineral development projects in Nevada. At this stage, it is not possible to evaluate whether these bills will be enacted in any form by the Nevada state legislature or, if passed, what impact any might have on AGA.

AGA is currently unaware of any other new federal or state legislative or regulatory changes or rule-making that has been proposed or enacted that would adversely affect its current exploration programmes. If any requirements, standards or conditions were adopted in the future that imposed additional or new obligations or costs on AGA in connection with our exploration or extraction activities in the United States, the company’s operations in Nevada could be adversely affected.

AngloGold Ashanti’s rights and permits

In Nevada, the company’s wholly-owned subsidiaries hold a significant number of unpatented mining claims on federal lands. The Silicon project consists of approximately 950 unpatented mining claims. The North Bullfrog project consists of 45 patented and approximately 1,600 unpatented mining claims (covering approximately 32,000 acres) situated in the Bullfrog mining district. There are also nine countries excluding our South African assetsmining leases within the North Bullfrog project the majority of which continue in perpetuity so long as the company meets certain minimal requirements for use of the land. One mining lease is scheduled to expire in 2031. The Mother



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Lode project consists of 13 unpatented mining claims. The North Bullfrog and SadiolaMother Lode projects are now controlled by the company as a result of its acquisition of all of the outstanding stock of Corvus Gold Inc., which closed on 18 January 2022. The southern claim block, encompassing the Sterling mine and other properties in the same general area, consists of approximately 1,900 unpatented claims (covering approximately 35,000 acres), which are now controlled by the company as a result of its acquisition of all of the outstanding stock of Coeur Sterling, Inc. (a subsidiary of Coeur Mining, Inc.), which closed on 4 November 2022. As a result of this acquisition, the company now controls a past-producing mine site in southern Nevada known as the Sterling mine, which has one applicable mining lease that expires in 2029, with the option to extend the lease for an additional ten-year period. Although the Sterling mine is currently in care and maintenance status, it remains subject to complex permitting and regulatory requirements, including compliance with relevant provisions of the U.S. Federal Mine Safety and Health Act of 1977 and oversight by the U.S. Department of Labor’s Mine Safety and Health Administration (“MSHA”).

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 site closure 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 integrates mine closure planning throughout the mine life cycle as follows:
Exploration stage: developing a plan and programme for cessation and closure of exploration activities in a manner that meets local laws and AngloGold Ashanti's mine closure planning standard.
Project phase: developing conceptual closure plans and cost estimates for all projects and including them in project feasibility studies, designs and evaluations.
Operational phase: developing and periodically updating mine closure plans and cost estimates with increasing levels of detail and confidence over the operational phase as part of the business planning process. Closure plan updates take into account operational conditions, planning and regulatory requirements as well as advances in technology and international industry good practice (e.g., the ICMM Integrated Mine Closure Good Practice Guide). Concurrent rehabilitation, which is carried out while a mine is still operational, is a good practice that serves to decrease the final rehabilitation and closure work as well as the ultimate liability.
Closure period: implementing the final closure plan starting at cessation of operations through a period of decommissioning, dismantling and rehabilitation until the point in time where management of the site is largely limited to monitoring and maintenance.

The Company’s group mine closure planning standard stipulates that closure planning must be undertaken in consultation with the stakeholders. In the course of these consultations, different issues are heldraised which require site-specific solutions. Each mine closure plan includes a social transition plan which seeks to minimise social impacts and maximise opportunities for sale, includes long-life operatinglocal communities, including human resource, social infrastructure, economic and financial assets with differing ore body types locatedthe aim of enhancing the self-sustainability of mine communities after mine closure.

Provisions for decommissioning and restoration costs are made when there is a present obligation, it is probable that expenditure on decommissioning and restoration 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 rehabilitation, laws and regulations presently or virtually certain to be enacted and previous experience in key gold-producing regions around the world. These operating assets were supportedrehabilitation 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.

Total provisions for decommissioning and for environmental restoration activities (excluding joint ventures) decreased by three greenfields projects$95 million from $673 million in 2021 to $578 million in 2022. This decrease was mainly due to changes in estimates resulting from changes in discount rates, changes in global economic assumptions, changes in mine plans resulting in a tenth country (Colombia)change in cash flows as well as changes in the design of TSFs.

SUSTAINABILITY AND ENVIRONMENTAL, SOCIAL AND GOVERNANCE (“ESG”) MATTERS

AngloGold Ashanti’s sustainability approach is fundamental to how the Company operates its business, as well as its ability to create long-term value for its shareholders, employees and a focused global exploration programme.

Our operationssocial partners through safely and projectsresponsibly exploring, mining and marketing its products. Sustainability and safety are groupedintegrated into the following regions: Continental Africa, South Africa, AmericasCompany’s business and Australia.operations at all levels through various frameworks, standards and policies, and the Company measures its performance in achieving its goals against its sustainability and other ESG metrics, as well as its engagement with stakeholders.


The mostIn mitigating the risks and impacts that are an inherent part of its business, AngloGold Ashanti is informed by an annual assessment of its key ESG issues. This process is aligned with guidance published by the International Integrated Reporting Council (“IIRC”), the Sustainability Accounting Standards Board (“SASB”), the Global Reporting Initiative (“GRI”) Standards and



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the Accountability AA1000 Stakeholder Management Standard. This assessment is annually reviewed by AngloGold Ashanti’s senior leadership and approved by the Social, Ethics and Sustainability Committee (the “SES Committee”).

AngloGold Ashanti’s board of directors, assisted by the SES Committee, has ultimate responsibility over environmental, safety, health and ethical matters and for the integration of sustainability objectives into AngloGold Ashanti’s business. This includes oversight of the Company’s stakeholder engagement framework and structures, which apply to investors, employees, governments, suppliers and communities, at every stage of its business from exploration to mine closure. Group Corporate Affairs and Sustainability is responsible for development of management systems and supports the Company’s general managers in the day-to-day implementation of its sustainability strategy.

AngloGold Ashanti maintains a set of policies and procedures to guide the Company in acting as a responsible corporate citizen, including the Code of Business Principles and Ethics which sets requirements for the implementation of key corporate policies and guidelines and applies to all management and employees, and to maintain compliance with applicable environmental, health and safety (“EHS”) laws. In 2022, AngloGold Ashanti continued with the implementation of the Integrated Sustainability Information Management System (“iSIMS”), in order to improve internal reporting and better integrate, manage and monitor sustainability activities with respect to its broader business. This common management and reporting application for all sustainability disciplines, from safety, health and security to community and environmental management, is expected to help provide timely information in each of these areas, and to facilitate transparency and decision-making in its processes and practices.

Significant EHS requirements and ESG risks and trends affecting the Company’s mining and processing operations are described below.

EHS Regulatory Compliance

AngloGold Ashanti is subject to extensive 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 (“GHGs”)); mine and dam safety, regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; rehabilitation and closure of mined land; 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 the Company’s operations, including the requirements contained in environmental permits, are generally becoming more restrictive.

Capital and operating costs to comply with EHS laws and regulations have been, and are expected to continue to be, significant project milestone achieved duringto 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 facilities, such as TSFs, or 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 year wassuspension or revocation of permits and, in some jurisdictions, the pouring of first goldright to mine a given concession. AngloGold Ashanti’s ability to obtain and maintain permits and other approvals and to successfully operate near 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 Obuasi Mine in Ghana on 18 December 2019, bringing Phase 1 of the Redevelopment Project to a conclusion on time and within budget.Company’s properties which may have been caused by previous owners or operators.


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.Water Management


AngloGold Ashanti’s operations are heavily dependent upon access to substantial volumes of water for use in the mining and joint ventures employed, on average, 34,263 people (including contractors) in 2019 (2018: 44,249). The 23% decrease in employees is mostly dueextractive processes and typically are subject to water-use permits or rights to extract water from certain natural sources that govern usage and require, among other things, that mining operations maintain certain water quality upon discharge. Water supply, quality and usage are areas of concern across all of the Company’s operations, including with respect to the reductionCompany’s mining operations in Ghana and Brazil, its mine development projects in Nevada, as well as its mine development project at Quebradona in Colombia. Any failure by the Company to secure access to suitable water supplies, or achieve and maintain compliance with applicable requirements of employee numbersthe permits or licences, 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 related 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.

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.








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Waste Management

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 South Africa regionmilling process and are typically deposited as slurry in large tailing storage facilities (“TSFs”) specifically designed for this purpose.

The impact of dust generation, breach, leak, or other failure of a waste rock facility or 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, industry standards and commitments made to local communities. The occasional well-publicised failure of a third-party TSF and the potential impact of such failure also mean that these facilities are generally tightly regulated. A safety or environmental incident at the Company’s operations could result, among other things, in enforcement, including mandatory shutdown of a TSF and related facilities, 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 the Córrego do Feijão iron ore mine owned by Vale at Brumadinho 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 death or injury 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 restructuringrequirements applicable to the approval, licensing, construction, management, closure and decommissioning of TSFs have generally become far more stringent. For example, in late 2022, tailings deposition was suspended at five of AngloGold Ashanti’s TSFs in Brazil pending certification by external consultants of on-site emergency response plans (“DCO”) and/or geotechnical stability (“DCE”) consistent with new regulatory standards enacted in early 2022. In addition, at the South African operationsCalcinados TSF, a risk assessment conducted in 2019.December 2022 with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice. The timeline for completion will be determined once the engineering and geotechnical work has been completed by external consultants. For further information on the regulatory framework governing TSFs in Brazil, see “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil”.

Performance (including discontinued operations)


In 2019,addition, a new Global Industry Standard on Tailings Management (“GISTM”) was established in August 2020 by a panel comprised of industry and non-governmental organisation (“NGO”) experts. AngloGold Ashanti produced attributable 3.3 million ounces (Moz)has committed to comply with the GISTM at all of gold (2018: 3.4Moz) as well as 3.7Moz of silverits TSFs by August 2025, and 199 tonnes of sulphuric acid as by-products.the costs related to meeting such standard are not expected to be material to AngloGold Ashanti.


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
TheIn addition, AngloGold Ashanti gold Ore Reserve reduced from 44.1Moz in December 2018could incur liabilities, or material costs 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 explorationmanage solid and modelling changes of 3.6Moz, changes in economic assumptions of 0.4Mozhazardous waste generated by its mining activities, including dust and a change in ownership of 0.1Moz. Other factors resulted in a 0.7Moz reduction.

Copper
Theresidual chemicals and metals. For example, AngloGold Ashanti copper Ore Reserve increased from 1.26Mt (2,769Mlbs)expects to incur approximately $25 million to $30 million in December 2018 to 1.39Mt (3,068Mlbs)capital expenditure and operating costs during 2023-2026 in December 2019. This gross annual increaseconnection with treatment and disposal of 0.14Mt includes an increasea quantity 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 accidentlegacy arsenic trioxide waste located at the Mponeng mine in South Africa.

CONTINENTAL AFRICA


cara03.jpg


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



sa.jpg


After extensive restructuringAs part 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 assetsasset sale, AngloGold Ashanti Limited sold its remaining three mining rights in South Africa to Golden Core Trade and related liabilities toInvest (Pty) Ltd (“Golden Core”) and Harmony Gold Mining Company Limited. The transaction, which is subjectLimited pursuant to several conditions precedent, is expected to bea sale agreement concluded on or about 3012 February 2020, as amended and reinstated from time to time (the “SA Sale Agreement”). These mining rights relate to operations in the West Wits area.

General laws relating to mining

The MPRDA

The Mineral and Petroleum Resources Development Act, No. 28 of 2002 (the “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 and 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. The Mineral and Petroleum Resources Development Amendment Act, No. 49 of 2008 (the “MPRDAA”) became effective on 7 June 2013. On 23 April 2004, the Minister of Mineral Resources and Energy (the “MRE Minister”) published, under the terms of the MPRDA, the Mineral and Petroleum Resources Development Regulations in order to implement the provisions of the MPRDA and MPRDAA. These implementation regulations were amended on 27 March 2020.


The mining charter
 
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.


Since 2004, a series of mining charters have been adopted in South Africa Key Statisticswith the main purpose of transferring part of the ownership of mining assets to black or historically disadvantaged South Africans (“HDSAs”) within a certain time period. Such mining charters 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. In 2004, the Broad-Based Socio-Economic Empowerment Charter for the South African Mining Industry, 2004 was published and, in September 2018, the Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (the “2018 Mining Charter”) was published, repealing all prior mining charters. In September 2021, the High Court of South Africa (Gauteng Division) held that the 2018 Mining Charter is a policy document and does not, per se, bind holders of mining titles. The High Court also set aside various provisions of the 2018 Mining Charter. In November



53

 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”.

2021, the South African Department of Mineral Resources and Energy (“DMRE”) informed the parliamentary portfolio committee on mineral resources and energy that it does not intend to appeal the outcome of the judgement, but instead will consider steps to achieve the empowerment objectives through legislative amendments to the MPRDA.

Production and costs


The B-BBEE Act

The Broad-Based Black Economic Empowerment Act, No. 53 of 2003 (the “B-BBEE Act”) is a law of general application in respect of Broad-Based Black Economic Empowerment (“B-BBEE”) and enables the Minister of Trade and Industry to drive B-BBEE across all sectors of the economy. In 2014, the Broad-Based Black Economic Empowerment Amendment Act, No. 46 of 2013 (the “B-BBEE Amendment Act”) came into effect amending the B-BBEE 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.

Environmental laws relating to mining

The National Environmental Management Act, No. 107 of 1998, as amended (the “NEMA”) 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.

From an environmental perspective, given the wide scope of the statutory duty of care in South African environmental law, erstwhile land owners may be held liable for historic contamination by the regulatory authorities. The “polluter pays” principle in South Africa region produced 419,000oz, 14% lowerenables the competent authority to seek recourse against various responsible parties based on their historical or current relationship to the source and receptor of degradation or pollution. The duty of care also applies retrospectively to significant pollution or degradation that occurred before the entry into force of NEMA (i.e., 29 January 1999), as well as significant pollution or degradation that arises or is likely to arise at a different time from the actual activity that caused the contamination (e.g., latent or residual impact) or arises through an act or activity of a person that exacerbates pre-existing contamination. The authorities can also seek compensation in respect of clean-up measures that it is required to take on behalf of the responsible parties and apportion liability amongst the responsible parties, which could technically include a historic landowner or mining company that caused the pollution. Although the purchasers of AngloGold Ashanti’s assets in South Africa have contractually assumed all environmental liability associated with its former South African operations and agreed to indemnify AngloGold Ashanti for the same, there remains a risk, at least theoretically, of statutory liability to the state.

AngloGold Ashanti’s rights and permits

Pursuant to the SA Sale Agreement, AngloGold Ashanti and Golden Core executed a notarial deed of cession of the mining rights with DMRE references GP 30/5/1/2/2/01 MR and GP 30/5/1/2/2/248 MR to transfer and cede these mining rights to Golden Core (the “Deed of Cession”). On 14 June 2021, the Deed of Cession was registered at the Mineral and Petroleum Titles Registration Office (the “MPTRO”).

With respect to the mining right held under DMRE reference GP 30/5/1/2/2/11 MR, AngloGold Ashanti and Golden Core agreed to make an application in terms of section 102 of the MPRDA at the DMRE after the closing date of the SA Sale Agreement requesting, among other matters, the incorporation of this mining right into the mining right with DMRE reference GP 30/5/1/2/2/01 MR (the “Harmony Consolidation Application”). AngloGold Ashanti also executed a notarial conditional deed of abandonment pursuant to which it conditionally abandons this mining right in terms of section 56(f) of the MPRDA (the “Deed of Abandonment”) on condition that ministerial consent is granted in respect of the Harmony Consolidation Application. The Harmony Consolidation Application, which was submitted to the DMRE on 17 January 2022, is still pending. On the date of the grant of the Harmony Consolidation Application, AngloGold Ashanti will cease to be a holder of any mining rights in South Africa. Once the transaction has been fully implemented, the general laws relating to mining outlined above will no longer be applicable to the Company, other than the previous year,statutory duty of care in terms of NEMA as described above.


AFRICA REGION

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 (the “2002 DRC Code”), as amended and supplemented by Law No. 18/001 dated 9 March 2018 (the “Reformed DRC Mining Code”) and Decree No. 038/2003 dated 26 March 2003, as amended and supplemented by Decree No. 18/024 dated 8 June 2018 (the “Reformed DRC Mining Regulations”).





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With respect to the application of the Reformed DRC Mining Code and Reformed DRC Mining Regulations, Kibali Goldmines S.A. (“Kibali Goldmines”) 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, in particular under article 220 of the Reformed DRC Mining Code which provides that the Prime Minister of the DRC may grant a number of incentives to provinces with infrastructure deficits to encourage economic development from mining resources, are ongoing.

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 ten-year stability provision in accordance with prior mining legislation. 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 or 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 renewable once for a further five-year period or in the form of exploitation permits which are granted for an initial period of 25 years, renewable several times for 15-year periods until the end of the mine’s life. Prior to commencing exploration work, the holder of an exploration permit must submit for approval a mitigation and rehabilitation plan pursuant to which it must undertake to carry out certain mitigation measures of the impact of its activities on the environment, as well as rehabilitation measures. Exploitation permits are granted upon successful completion of exploration and satisfaction of certain requirements, including approval of a feasibility study, an environmental and social impact study and an environmental and social management plan. The holder of an exploitation permit is required to commence development and mine construction within three years of the grant of such permit. Failure to do so may lead to forfeiture of the exploitation permit. To protect and enforce rights acquired under an exploration or exploitation permit, the Reformed DRC Mining Code provides, depending on the nature of the dispute or controversy, administrative, judicial and national or international arbitral recourses.

Mining companies are required to grant a free-carried and non-contributory participation to the DRC government. The DRC government’s free participation was originally set at five percent, which was increased to ten percent in respect of exploitation permits issued after the entry into force of the Reformed DRC Mining Code. All mining companies are required to grant an additional five percent free-carried participation to the DRC government upon each renewal of their exploitation permit. Under the Reformed DRC Mining Code, a ten percent local contributory participation is also mandatory for exploitation permits issued after its entry into force.

Tax laws relating to mining

The Reformed DRC Mining Code sets out an exclusive and comprehensive tax and customs regime that is 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 (subject to certain prerequisites) 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. In the DRC, Kibali Goldmines is due certain refunds of VAT which, to date, remain outstanding. During 2022, AngloGold Ashanti did not recover any VAT offsets and refunds from its operations in the DRC. We believe that our attributable share of the net recoverable VAT balance (including recoverable fuel duty and after discounting provisions) owed to us by the DRC government amounted to $86 million as of 31 December 2022. While an agreement was reached with the DRC government on the reimbursement of the refundable VAT in 2018, uncertainty remains regarding the timing and level of cash receipts and offsets against other taxes for purposes of the recovery of our VAT receivables in the DRC.

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.

Foreign exchange control regime

The Reformed DRC Mining Code imposed new exchange control rules requiring that mining title holders repatriate onshore 60 percent of sale revenues received during the investment amortisation period and 100 percent once the investment amortisation is completed.

During 2022, AngloGold Ashanti repatriated $694 million from its operations in the DRC, in the form of dividends from Kibali (Jersey) Limited. Kibali (Jersey) Limited received such cash from Kibali Goldmines in the form of loan repayments (net of bank fees) (AngloGold Ashanti’s attributable share: $658 million) and dividends (net of withholding taxes) (AngloGold Ashanti’s attributable share: $36 million). Our attributable share of the outstanding cash balances awaiting repatriation from the DRC amounted to $40 million as of 31 December 2022. The cash is fully available for the operational requirements of Kibali Goldmines. The cash and cash equivalents held at Kibali Goldmines are subject to various steps before they can be distributed to Kibali (Jersey) Limited and are held across four banks in the DRC, including two domestic banks.



55

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 Kibali gold mine is owned by Kibali Goldmines which is a joint venture between Barrick Gold Corporation (45 percent), AngloGold Ashanti (45 percent) and Société Minière de Kilo-Moto S.A. (“SOKIMO”) (10 percent) which represents the interest of the DRC government. AngloGold Ashanti and Barrick Gold Corporation each have a 50 percent interest in Kibali (Jersey) Limited which holds their respective 45 percent interest in Kibali Goldmines.

The Kibali gold project is operated by Barrick Gold Corporation and comprises ten exploitation permits, of which eight expire in 2029 and two in 2030. Those exploitation permits (11447, 11467, 11468, 11469, 11470, 11471, 11472, 5052, 5073, and 5088) cover 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) (the “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 (the “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, a controller.

Stability and development agreements

The GMM Act provides for stability and development agreements. Stability agreements guarantee for a period of 15 years certain terms and conditions (mainly fiscal) to which a company’s operations are subject. Development agreements may be granted to a mineral right holder that proposes to invest over $500 million in its mineral operations in Ghana. The GMM Act permits stability provisions to be incorporated into development agreements. Stability and development agreements are subject to parliamentary ratification. In January 2020, it was proposed that the GMM Act be amended by abolishing development agreements and shortening the maximum term of stability agreements from 15 years to five years (with a possible extension for a further five years). If the GMM Act were amended along these lines, such amendments would not apply retroactively and would therefore not have an impact on existing development agreements, including the Obuasi Development Agreement (as described below). Those amendments to the GMM Act have not yet been adopted.

Ghana Stability Agreement

In 2004, following the implementation of the business combination between AngloGold Limited and Ashanti Goldfields Company Limited, AngloGold Limited and the Government of Ghana signed a stability agreement (the “Ghana Stability Agreement”) governing certain aspects of the fiscal and regulatory framework within which the company would operate in Ghana for a period of 15 years. In June 2018, the Ghana Stability Agreement ceased to apply to the Obuasi mine because of the parliamentary ratification of a new development agreement and a new tax concession agreement in relation to that mine (as described below).
The Ghana Stability Agreement continued to apply to the Iduapriem mine until it expired in April 2019. Since then, AngloGold Ashanti (Iduapriem) Limited (“AGA Iduapriem”) no longer benefits from the Ghana Stability Agreement. AGA Iduapriem benefits from certain concessions under two deeds of warranty, including exemptions from withholding taxes on dividends, interest and payments for foreign services, and allowable deductions.

Obuasi Development Agreement

AngloGold Ashanti (Ghana) Limited (“AGA Ghana”) negotiated a new development agreement in relation to the Obuasi mine (the “Obuasi DA”) with the Government of Ghana. On 21 June 2018, the Ghanaian Parliament ratified the Obuasi DA which contains stability terms as provided for in stability agreements. The Obuasi DA confers a number of rights and obligations on AGA Ghana with respect to the Obuasi mine, including, among other matters, (i) the stabilisation of the fiscal and regulatory framework (except for enactments promoting the use of Ghanaian goods and services) for a period of ten years (with a potential of it being extended for five years); (ii) the right to hold up to 80 percent of proceeds received from exporting minerals in foreign currencies outside of Ghana; (iii) obligation to give preference to materials and goods made in Ghana as well as services provided by Ghanaians; and (iv) the right to peaceful enjoyment and protection against expropriation.







56

Obuasi Tax Concession Agreement

Fiscal terms, which would 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 (the “Obuasi TCA”) was signed with the Government. On 21 June 2018, the Ghanaian Parliament ratified the Obuasi TCA with a concession period until 31 December 2027. The Obuasi TCA contains a number of tax concessions for AGA Ghana with respect to the Obuasi mine, including, among other matters, (i) a corporate income tax rate of 32.5 percent or such lower rates as may be fixed by law (instead of the current statutory rate of 35 percent); (ii) exemption of certain transactions from capital gains tax; (iii) a sliding scale royalty rate ranging from three percent to five percent for a price ranging from $1,300 up to $2,000 and above per ounce (instead of the current flat rate of five percent); and (iv) certain VAT exemptions and refunds.

Government’s Golden Share

Section 60(1) of the GMM Act provides that the Government of Ghana can require a mining company to issue to the Republic of Ghana for no consideration a special share (a “Golden Share”). A Golden Share in AGA Ghana was issued to the Government of Ghana and the Obuasi DA confirms 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 confers certain rights on the Government in respect of AGA Ghana. For example, written consent of the holder of the Golden Share is required for, among other matters, (i) any amendment of the rights and restrictions in respect of the Golden Share; (ii) the voluntary winding-up or voluntary liquidation of AGA Ghana; (iii) the disposal of any mining lease held by AGA Ghana; and (iv) the disposal of all or substantially all of the assets of AGA Ghana. The holder of the Golden Share does not have the right to participate in the profits or assets of AGA Ghana (by way of dividend or other capital issuances), but is entitled to attend any general meeting of shareholders.

Tax laws relating to mining

Currently, the main tax laws in Ghana include the following acts and regulations, which have been frequently amended over the years:

•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);
•Revenue Administration Act, 2016 (Act 915) (as amended); and
•Exemptions Act, 2022 (Act 1083).

The Income Tax Act, 2015 (Act 896) ringfences and taxes income derived from mining operations at the rate of 35 percent. The Obuasi TCA for AGA Ghana provides for a stabilised income tax rate of 32.5 percent. AGA Iduapriem currently pays income tax at the rate of 35 percent.

Furthermore, mining companies must pay ground rent and royalties. Ground rent is payable annually and is calculated based on the number of cadastral units of land held. Royalties are calculated as a percentage of total revenue from minerals obtained by the mining company. The Government of Ghana currently applies a five percent royalty rate to mining companies who have not agreed a different royalty rate under an agreement with the State. AGA Ghana pays royalties on a sliding scale ranging between three percent and five percent as provided for by the Obuasi TCA. AGA Iduapriem pays royalties at a costrate of salesfive percent.

The provision of $479 milliongoods and services is liable to value added tax (“VAT”) at a revised rate of 15 percent. In addition, there are separate levies, including a 2.5 percent National Health Insurance Levy (“NHIL”), a 2.5 percent Ghana Education Trust Fund Levy (“GetFund Levy”) and a total cash costone percent COVID-19 Levy. By virtue of $981/oz in 2019, largely duethe Obuasi TCA, AGA Ghana is exempt from the payment of the NHIL and GetFund Levy. In addition, while AGA Ghana is technically exempt from the payment of the COVID-19 Levy (as it became operational subsequent to limitations in face length availability which impacted grades following high seismicity at Mponeng. Production was also impacted by intermittent electricity duethe effective date of the Obuasi DA), the Company decided to Eskom load shedding and seismicity related safety stoppages.pay the COVID-19 Levy voluntarily. AGA Iduapriem is not exempt from any of these levies.

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 representsExemptions Act, 2022 (Act 1083) (“Exemptions Act”) defines the scope of tax exemptions that may be granted under Ghanaian law, and sets out the administrative process for obtaining a paradigm shifttax exemption. The Exemptions Act requires a person with the benefit of an existing tax exemption to apply to the Ghana Minister of Finance by 11 March 2023 in order to continue to benefit from that tax exemption. The requirement to apply to the evolutionMinister of Finance does not affect AGA Ghana (as, by virtue of the mine. This has resulted in significant improvements in both safety and productivity. Employees have responded positivelyObuasi DA, AGA Ghana is stabilized against the adverse effects of, or obligations imposed by, any new laws). By contrast, AGA Iduapriem is subject 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 introductionprovisions of the Aachen Shear reactorExemptions Act.

Environmental laws relating to mining

Mining companies are required, under the GMM Act, Environmental Assessment Regulations, 1999 (L.I. 1652), Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462) and other initiatives aimed at enhancing efficiencies.

The main drivers forWater Use Regulations, 2001 (L.I. 1692), to obtain all necessary approvals from the improved delivery atEnvironmental Protection Agency (the “Ghana EPA”) and, in appropriate cases, the Surface Operations were primarily:
Improved throughput from better operational performance delivery byWater Resources Commission, the contractor; stabilised duty cycleForestry Commission and/or the Minerals Commission before undertaking mining operations. This includes undergoing an environmental impact assessment process and, following the issuance of the communication circuits
A change in strategy to process Mponeng marginal ore dumps (MOD) throughenvironmental permit, periodically preparing environmental management plans, which include details of the Savuka gold plant;
General metallurgical process efficiencies;likely impacts of mining operations on the environment 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 local communities, as well as a weaker rand/dollar exchange rate, resultingcomprehensive plan and timetable for actions to mitigate and remediate any



57

adverse effects of the mining operations, for submission to the Ghana EPA. 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 Minerals Commission for the operation of mines. The environmental permits of AGA Ghana (for the Obuasi redevelopment project and for the construction and operation of tailings and water infrastructure projects) are valid until June 2024. The environmental permits for AGA Iduapriem in connection with (i) gold mining and processing, (ii) the re-mining of Block 5 and for the tertiary crusher installation project and (iii) the construction and operation of a 19% year-on-year decreasetailings storage facility (“TSF”) expired in August 2021, July 2022 and January 2023, respectively. The renewal process for the AGA Iduapriem environmental permits, which was commenced in advance of the expiry of the permits, is underway.

Environmental laws in Ghana also require mining operators to rehabilitate land negatively impacted by mining operations according to an environmental cost reclamation plan agreed with the Ghana EPA. The environmental cost reclamation plan includes two cost estimates, namely the cost of sales and a 5% year-on-year decrease in total cash cost. This was partially offset by lower gold output fromrehabilitating the region.

Cost reduction initiatives aimedmining area 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 completionend of the Phase 1 project, ore reserve development (ORD) work,life of the mine as well as the Mponeng life-of-mine extension feasibility study. Sustaining capital expenditure was spent oncost of rehabilitating the mine as at the date of the reclamation plan. These estimates are reviewed annually and updated every two years. Each mining company is typically required to secure a varietypercentage (typically between 50 percent and 100 percent) of stay-in-business projectsthe estimated rehabilitation costs by posting reclamation bonds underwritten by banks and restricted cash. The terms of each reclamation bond are determined by a reclamation security agreement between that company and the rehabilitation workGhana EPA. Both AGA Ghana and AGA Iduapriem have bank guarantees in place for environmental reclamation liabilities as well as escrow accounts with joint signatories from the Ghana EPA. The guarantees for AGA Iduapriem expired in October 2022, whereas the guarantees for AGA Ghana expired in December 2022. Renewal of the bank guarantees (which commenced in advance of the expiry of the existing guarantees) has not yet been completed due to the continued depreciation of the Ghanaian cedi and its impact on the Bank of Ghana’s single obligor limit. AGA Ghana and AGA Iduapriem have notified the Ghana EPA of the resultant delays.

Foreign exchange, export and other rules

Retention of foreign earnings

The Obuasi mine is permitted to retain 80 percent of its foreign exchange earnings in an offshore foreign exchange account, whereas the Iduapriem mine is allowed to retain up to 75 percent. In addition, the Company has permission from the Bank of Ghana to retain and use U.S. 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.

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 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.

Local assaying and refinement policies

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 licences 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. Subsequently, in June 2019, the LNR Minister released a statement reiterating the Government of Ghana’s plans to locally refine 30 percent of the gold produced in the country. Discussions between the Ghana Chamber of Mines and the Government of Ghana’s economic management team in 2019 led to the Chamber agreeing to consider the proposal and for the parties to discuss detailed modalities to ensure that a move to locally refined gold does not become detrimental to the mining industry.

Local content and local participation 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. The Minerals and Mining (Local Content and Local Participation) Regulations, 2020 (L.I. 2431) came into force on 22 December 2020 with the purpose of developing Ghanaian participation in the mining industry value chain by imposing an obligation on mining companies to procure goods and services with Ghanaian content to the maximum extent possible.




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The Government’s election to purchase gold

In June 2021, the Bank of Ghana launched a “Domestic Gold Purchase Programme” through which the Bank of Ghana intends to purchase refined gold from AGA Ghana, AGA Iduapriem and other large-scale mining companies through voluntary arrangements pursuant to the Bank of Ghana Act, 2002 (Act 612). The LNR Minister indicated in November 2022 that the Government of Ghana intended to exercise its statutory right of pre-emption pursuant to the GMM Act to compel large-scale mining companies to sell 20 percent of their Ghana gold production and/or the resultant refined gold to the Bank of Ghana in exchange for Ghanaian cedis. Each of AGA Ghana and AGA Iduapriem executed voluntary gold purchase agreements with the Bank of Ghana on 29 December 2022. As at 10 March 2023, the Government of Ghana had not exercised its statutory right of pre-emption as prescribed in the GMM Act.

AngloGold Ashanti’s rights and permits

Obuasi

The Obuasi mine originally held four contiguous mining leases, namely, the Obuasi, Binsere 1, Binsere 2 and Binsere 3 Mining Leases. The Obuasi Mining Lease was granted by the Government of Ghana on 5 March 1994, covering 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. The Binsere Mining Leases were granted on 9 April 1998, covering an area of 140 km2, for a term of 30 years from the date of the agreement. All leases in respect of the Obuasi mine had been duly ratified in accordance with Ghanaian law. In March 2007, the Government of Ghana agreed to extend the term of the Obuasi Mining Lease for a further term of 30 years. The amended Obuasi Mining Lease was also ratified by Parliament on 23 October 2008. The Obuasi Mining Lease will expire in March 2054 and the Binsere Mining Leases in April 2028. The mining leases are renewable. On 3 March 2016, the Minerals Commission approved AGA Ghana’s application to surrender approximately 273.54 km2 of the area to the Government of Ghana, reducing the combined area under AGA Ghana’s 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. On 15 January 2021, the Minerals Commission approved AGA Ghana’s application to surrender a further 60.24 km2 of lease area, thereby reducing the total lease area to 141.22 km2 under three mining leases, namely, the Obuasi Mining Lease (87.48 km2), the Binsere 1 Mining Lease (29.03 km2) and the Binsere 2 Mining Lease (24.71 km2). These mining leases are covered by the Obuasi DA and Obuasi TCA.

Iduapriem

The Iduapriem mine operates under four different mining leases, namely, the Iduapriem Mining Lease (LVB1539/89) (36.47 km2), the Ajopa Mining Lease (LVB/WR326/09) (46.12 km2), the Teberebie Mining Lease (LVB3722H/92) (28.53 km2) and the Ajopa South Mining Lease (LR#1109/1999) (28.10 km2). On 17 February 2020, the mining leases were extended for a further period of 15 years and such leases will now expire in February 2035. All leases in respect of the Iduapriem mine have been duly ratified in accordance with Ghanaian law.

Guinea

General laws relating to mining

In Guinea, the mining industry is primarily 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 implemented by various decrees and orders, 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 Carbon Leader project.administration’s capacities for the management of integrated mining projects (PARCA-GPI) and its steering committee, dated 6 June 2016, and Decree D/2016/163/PRG/SGG on the national agency for the development of mining infrastructures (ANAIM), dated 13 June 2016.


Safety

There were no fatalitiesIn 2017, Decree D/2017/285/PRG/SGG was adopted, which sets forth the conditions for the constitution and management of the Local Development Fund (“Fodel”), as well as Joint Order A/2017/6326/MMG/MATD/SGG, which sets forth the conditions for the use, management and control of the Fodel. Together, these set forth the use of the mining companies’ financial contribution to the development of the local communities and the rules applying to the Fodel, which was created under the Guinea Mining Code. On 13 July 2018, a Joint Order A/2018/5212/MEF/MMG/MB/MATD/SGG was issued, which regulates the use, management and monitoring of the resources allocated to local authorities pursuant to article 165 of the Guinea Mining Code. In 2019, an inter-ministerial committee was created to supervise and control the Fodel through the adoption of Joint Order AC/2019/089/MMG/MATD/SGG setting out the conditions for the constitution, powers and management of said inter-ministerial committee. On 6 September 2019, Decree D/2019/263/PRG/SGG was issued, which sets forth local content requirements in the South Africa regionframework of the implementation of public and private projects in 2019,Guinea. On 27 May 2021, Order A/2021/1229/MMG/SGG was issued to establish the region’s safest year on record. The AIFR was10.00Steering Committee for local content in the mining sector. On 21 October 2022, Law L/2022/010/CNT, dated 22 September 2022, setting up the legal framework for local content in public and private projects was enacted (the “Local Content Act”). In particular, the Local Content Act regulates local employment, procurement of goods and services, and subcontracting



59

requirements. As the Local Content Act does not expressly repeal the provisions of Decree D/2019/263/PRG/SGG, those provisions remain in force to the extent that they do not conflict with the Local Content Act.

On 16 June 2020, a new procedure for the year, an improvement year-on-year. Safety interventions have included changesexport of gold by mining companies was enacted through the adoption of Decree D/2020/113/PRG/SGG, which sets out, amongst other things: (i) when the industrial production tax referred to in planningarticle 161-1 of the Guinea Mining Code shall be paid, and information systems,(ii) the introductionprocess to be followed to export gold bullion.

On 27 April 2021, a Joint Order AC/2021/824/MMG/BCRG/SGG was issued establishing the fees and costs charged by the Guinean mining authorities and the Guinean Central Bank in connection with the administrative procedures for the export of gold by industrial and semi-industrial companies.

AngloGold Ashanti’s rights and permits

The Group’s Guinean subsidiary, Société AngloGold Ashanti de Guinée S.A. (“SAG”), has title to the Siguiri mine in the form of a new waymining concession, granted by virtue of Presidential Decree D/97/171/PRG/SGG, dated 4 August 1997, for a period of 25 years (the “Mining Concession”). The Mining Concession covers exploration and mining for gold, silver, diamonds and associated ores, and was originally covered by a changemining convention entered into with the Republic of Guinea in shift arrangements as1993 and amended in 2005. On 28 June 2016, SAG and the Government of November 2018. Regrettably, there have been four fatalitiesGuinea concluded a revised and consolidated mining convention (Convention de Base Révisée et Consolidée) (the “Revised Mining Convention”) which encompasses a renewal of the term of the original mining convention and other amendments necessary to support an expansion project to extend the life of the Siguiri mine (the “Expansion”). In compliance with the provisions of the Guinea Mining Code, the Revised Mining Convention 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 (Judgement 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), following which it replaced the original mining convention and became effective on 24 January 2017.

Key elements of the Revised Mining Convention include the following:

a duration of 25 years, expiring 23 January 2042, subject to further renewal if mining operations continue;
the term of the Mining Concession is aligned with the term of the Revised Mining Convention since the Republic of Guinea committed to maintain the Mining Concession for the entire duration of the Revised Mining Convention;
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 South Africa region post year-end resultingRevised Mining Convention;
the stability of the customs and tax regime is guaranteed for the entire initial term of the Revised Mining Convention, 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 five 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: three percent if the gold price is $1,300 or less, five percent, if above $1,300 and up to $2,000 and seven percent if above $2,000;
SAG benefits from 5-year income tax holiday 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 seismic eventlocal 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 ten 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 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 Mining Convention. The Revised Mining Convention also grants SAG 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. While the Mining Concession expired on 4 August 2022, a renewal request had been filed prior to its expiry in accordance with the provisions of the Revised Mining Convention on 1 February 2022. Pursuant to the Revised Mining Convention, the Mining Concession can be renewed for one or more period(s) that cannot exceed ten years each as long as the Revised Mining Convention is in force.

The Revised Mining Convention 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.






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Mali

General laws relating to mining

The mining industry in Mali is primarily regulated by Ordinance No. 2019-022/P-RM dated 27 September 2019 containing the new mining code of the Republic of Mali (the “Mali Mining Code”) and Decree No. 2020-0177/PT-RM dated 12 November 2020 implementing the Mali Mining Code. On 8 December 2020, Decree No. 2020-0288/PM-RM enacted the new model mining convention referred to in Decree No. 2020-0177/PT-RM.

The Mali Mining Code applies to the mining operations previously carried out by AngloGold Ashanti entities in Mali (as further described below) 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 (conventions d’établissement) for their remaining duration. In this regard, the transitory rules of the 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.

Exploration and prospecting activities are carried out under exploration authorisations (autorisation d’exploration) or exploration permits (permis de recherche), which give their holder the exclusive right to carry out exploration activities over a given area. Exploration authorisations are granted by the Mining Administration (Administration chargée des Mines) for a non-renewable period of three months, while exploration permits are granted by Ministerial Order for a period of three years renewable twice for additional 3-year periods. Applications for exploration authorisations and exploration permits must contain various documents attesting to the financial and technical capacity of the applicant as well as a tramming accidentdetailed works and costs programme.

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 and grants the holder an exclusive right to exploit the named substances and proceed with the processing and commercialisation of the substances extracted within its perimeter. Large scale exploitation permits are granted by decree of the Head of Government for a maximum period of 12 years renewable for ten year-periods until depletion of the deposits. An application must be submitted to the Mining Administration (Administration chargée des Mines) and 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. As soon as the large scale exploitation permit is granted, the permit holder must incorporate a company under the laws of Mali and assign the permit for free to this company. The State will have a ten 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 five percent of their capital.

All mining titles mentioned above (save for the exploration authorisation) require a mining 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 the Morila, Sadiola and Yatela gold mines, all of which were governed by mining conventions (conventions d’établissement) 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). The Morila and Sadiola gold mines were sold in November and December 2020, respectively.

In April 2017, Société d’Exploitation des Mines d’Or de Yatela S.A. (“Yatela”), the company operating the Yatela gold mine, began the implementation of a closure plan in order to relinquish the property. In February 2019, AngloGold Ashanti and its joint venture partner IAMGOLD Corporation announced an agreement to sell each of their 40 percent interests in Yatela to the Government of Mali, which holds the remaining 20 percent interest. Completion of the transaction is subject to the fulfilment or waiver of a number of conditions precedent and has been delayed several times since 2019 due to political instability and related events in Mali as well as the COVID-19 pandemic. 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, Chapter 123 (R.E. 2019), as amended (the “Tanzania Mining Act”) and the Mining Regulations, 2018 (the “Tanzania Mining Regulations”). The Tanzania



61

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. The Mining (Local Content) Regulations were amended and came into force on 23 September 2022. Those amendments, together with an Executive Order, introduced, among other matters, (i) the Tanzania Mining Commission; (ii) local content requirements in employment and for procurement of goods and services; (iii) Mining Licence requirements of five percent of a licencee’s equity to be held by Tanzanians, with at least 80 percent of its managerial positions to be held by Tanzanians and 100 percent of non-managerial and other positions to be held by Tanzanians, in addition to the Mponengshareholding of the Government of Tanzania pursuant to Section 10 of the Tanzania Mining Act (i.e. free-carried interest); and (iv) regulations for the government warehousing of minerals prior to export/sale.

Minimum shareholding and public offering

In 2016, the Mining (Minimum Shareholding and Public Offering) Regulations, 2016, as amended, was adopted. 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, the Company believes the listing requirement conflicts with the mining development agreement. In September 2020, the Government of Tanzania published the Mining (Minimum Shareholding and Public Offering) (Amendment) Regulations, 2020, which exempts companies holding special mining licences from local listing requirements if such mining company has entered into an agreement with the Government of Tanzania that provides for a non-dilutable free-carried interest in such mining company and an economic benefits sharing arrangement.

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 recent legal and fiscal changes adopted by the Government in light of their mining development agreements which guarantee (i) fiscal and regulatory stability, and (ii) 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. Declaratory relief is sought in accordance with the terms of the company’s existing mining development agreement to preserve its and its shareholders’ rights and interests in the Geita gold mine.

Ore Reserve

As AngloGold Ashanti is seeking confirmation from the Government of Tanzania that, as a result of its existing mining development agreement, the company does not fall within the scope of the new mining legislation that includes, among other things, (i) listing requirements; (ii) an increase in the rate of revenue royalties from four to six percent and a one percent clearance fee; and (iii) a right for the Government of Tanzania to (a) renegotiate existing mining agreements at 31 December 2019,its discretion, (b) receive a non-dilutable, free-carried interest of no less than 16 percent in all mining projects, and (c) acquire up to 50 percent of the shares of the mining company commensurate with the total Ore Reservetax expenditure incurred by the Government in favour of the mining company. AngloGold Ashanti can provide no assurance that the new mining legislation, including the listing requirements, 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”.

Categories of 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 South African region was 15.5Moz (2018: 16.8Moz). Thisauthority 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 Mining Commission (“MC”) initially grants an exclusive prospecting licence. Upon presentation of a feasibility study, together with certain other environmental, social and financial assurances, the MC may then grant a form of licence for mining. Three categories of licences can be applied for under the Tanzania Mining Act: licences for exploration, licences for mining, and licences for ancillary activities. Licences for exploration include prospecting licences and gemstone prospecting licences. Licences for mining include special mining licences (if the proposed capital investment is equal to 35at least $100 million), mining licences (if the proposed capital investment is equal to between $100,000 and $100 million) and primary mining licences (reserved for Tanzanian citizens).

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. An application for a prospecting licence is made to the Mining Commission and the licence, once granted, 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 Group’s Ore Reserve.area covered by the licence must be relinquished.



THE AMERICAS

americasa05.jpg




The Americas region has threeMining 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 featuring both open pitin 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. 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 and underground such renewal shall not be for a period exceeding the estimate life of the remaining ore body. Special



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mining (onelicences 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. A special mining licence holder may, in Argentinacertain circumstances, amend the programme of the mining operations agreed with the MC.

Tax laws relating to mining

Currently, the main tax laws in Tanzania comprise the Finance Act, 2015 (No. 16), which came into force on 1 July 2015, the Finance Act, 2017 (No. 4), which came into force on 1 July 2017, and twocurrently the Finance Act, 2022 (No. 5), which came into force on 1 July 2022. All tax laws impose and revise certain taxes, duties, levies and fees. Among other provisions, inspection or clearance fees on the exportation or domestic use of minerals were introduced. 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 one percent of the gross value of the minerals has been paid by the exporter or any other person in Brazil)possession thereof. Local government levies and environmental management fees and charges apply as well.

Effective 20 July 2017, the Value Added Tax Act, 2014 (No. 5) (the “VAT Act”) was amended in order to restrict VAT relief for VAT input tax paid by mining companies on goods and services. Prior to the enactment of this amendment to the VAT Act, mining companies were entitled to 100 percent VAT relief in respect of the goods and services they purchased. The amendment prohibits refunds for VAT input tax incurred on a series of raw products, including the exportation of “raw minerals”. Subsequently, the Tanzania Revenue Authority (“TRA”) denied our applications for VAT input credit refunds, which amounted to a total of $153 million (after discounting provisions) as of 31 December 2022, covering the period from July 2017 onwards, on the basis that all of the gold doré that we export constitutes “raw minerals” for purposes of the VAT Act. In response, the company filed formal notices of objection with the TRA stating that the exportation of gold doré is, in its view, not covered by the restriction since doré does not fall within the category of “raw minerals” as used in the VAT Act. On 22 February 2019, the Tanzania Mining Act was amended to introduce a definition for “raw minerals” which supports our interpretation that gold doré is excluded from the prohibition. On 1 July 2020, the Finance Act, 2020 (No. 8), amended the VAT Act, without retrospective effect, in order to remove the restrictions on VAT input tax credits for the exportation of “raw minerals” as well as two advanced greenfields projectsa series of other raw products. This recent amendment confirms the technical basis for VAT input tax recovery for mineral exporters from July 2020 onwards. VAT claims from July 2020 onwards are subject to verification procedures by the TRA before any refunds will be received. In 2022, the company was able to offset $45 million of verified VAT claims (from July 2020 onwards) against its corporate tax liability 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 productionTanzania. Discussions with the TRA are ongoing to resolve our historical claims for VAT input credit refunds for the Americas regionperiod from July 2017 to June 2020.

Natural resources, export and other rules

Natural resources legislation

In Tanzania, two laws in 2019 declined 8%respect of natural resources came into force in July 2017: the Natural Wealth and Resources Contracts (Review and Re-negotiation of Unconscionable Terms) Act, 2017 (No. 6) (the “Unconscionable Terms Act”) and the Natural Wealth and Resources (Permanent Sovereignty) Act, 2017 (No. 5) (the “Permanent Sovereignty Act” and together with the Unconscionable Terms Act, the “Natural Resources Laws”). Implementing regulations were published in January 2020. The Natural Resources Laws provide that Tanzania has sovereignty over its natural resources and that all arrangements or agreements that relate to 710,000oz compared“natural wealth and resources” are subject to 776,000ozreview by the National Assembly to ensure that they are in 2018,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. 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, of production declines atinvestors are restricted from accessing international dispute resolution mechanisms. Accordingly, companies are now required to adopt Tanzanian law and local dispute resolution in all three operations.

At AGA Mineração, performance at Cuiabá was hinderedmining agreements. As such, all disputes will be handles by poor ground conditions where,Tanzanian judicial bodies or any other Tanzania government body vested with powers to resolve disputes. In addition, to ensure safe production,that the rateGovernment and the people of Tanzania obtain an equitable stake in the exploitation of mining was slowed whileresources, all project earnings must be retained in Tanzanian banks. Investors are also prevented from freely exporting raw minerals and repatriating funds.

Section 6 of the Unconscionable Terms Act specifically provides that where there is an unconscionable term, the National Assembly may pass a new surface supportresolution 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. If both parties fail to revise the unconscionable term, the term will be deemed removed from the agreement. A term is considered “unconscionable” under the Unconscionable Terms Act if, among other grounds, the requirements or provisions of the agreement restrict 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, secure preferential treatment designed to create a separate legal 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 successfulapplied discriminatorily for the benefit of a particular investor, deprive the people of Tanzania of the economic benefits derived from subjecting natural wealth and condition monitoring will continue as mining progressesresources to beneficiation in the deeper, higher grade areas.country, or subject the state to the jurisdiction of foreign laws and foreign courts or tribunals.


At




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State participation

On 23 September 2022, the Córrego do Sítio complex, geological model changes,Mining (State Participation) Regulations, 2022 (the “SPR 2022”) came into force. The SPR 2022 required every mining licence or special mining licence holder to give notice to the MC to initiate negotiations to enable the Government of Tanzania to acquire a shareholding in the mining operation by 23 December 2022. On 9 December 2022, the company notified the MC that it had already initiated negotiations with the Government of Tanzania prior to the coming into force of the SPR 2022. The Government’s equity interest must consist of a non-dilutable free-carried interest in the mining operation ranging between 16 percent and 50 percent depending, in part, on the quantification of tax expenditures enjoyed by the mining entity during its establishment and on the extent of Government development of public infrastructure servicing the mining operation. The free-carried interest shares (the “FCI shares”) will be regarded as preferred shares and will entitle the Government to a dividend. Further, the FCI shares give the Government the right to appoint two directors (out of five) of the company engaged in the mining operation and the right to approve at least two suitable persons to the top executive management of the company engaged in the mining operation as may be agreed in the shareholders agreement. Any other management positions created by the company engaged in the mining operation shall be shared with the Government on a ratio of 3:1. The SPR 2022 also provides for the non-deductibility of royalty payments in the calculation of corporate income tax.

Local participation policy

On 15 September 2015, the Non-Citizens (Employment Regulation) Act, 2015 (No. 1) (the “Non-Citizens Act”) came into force which 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 be satisfied that all efforts have been explored to acquire a local expert. Further, the company is required to submit a succession plan to both the Labour Commissioner and the MC 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.

The Tanzania Investment Act No. 10 of 2022

On 2 December 2022, the Tanzania Investment Act, 2022 (No. 10) (the “Investment Act”) came into force. The Investment Act restores the right to international arbitration and grants foreign investors access to settle disputes with the Tanzania Investment Centre or the Government of Tanzania through arbitration. Pursuant to the Investment Act, parties to a dispute may agree to the use of a local or foreign arbitration venue.

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 (SML45/99) covering approximately 196 km2 for a period of 25 years, which expires on 26 August 2024. The internal renewal process for the special mining licence (SML45/99) is underway with a view to submitting an application for renewal prior to its expiry date. On 9 October 2014, an addendum to the mining development agreement was entered into ratifying, among other matters, an increase in the royalty rate from three percent to four percent with effect from 1 May 2012. In March 2020, Geita Gold Mining Limited received the consent of the Minister of Minerals to change the mining method under its special mining licence from open pit to underground method, subject to the requisite terms and conditions. Within the special mining licence delays for the Rosalino orebody, geotechnical issues and unexpected heavy rainsarea, there are also seven primary mining licences of approximately 0.63 km2 in total which belong to third parties. Furthermore, AngloGold Ashanti holds prospecting licences covering (i) an area of 120 km2 in the last two monthsimmediate vicinity of the year delayed developmentits special mining licence area, and mining(ii) an area of the planned open pit mining areas.

At Serra Grande, the slightly lower production level in 2019 was due to lower feed grades, particularly690 km2 located in the second halfDodoma, Singida and Shinyanga regions, but none of the year, and reduced drilling productivity and fleet availability. This was partially offset by higher tonnage treated following the Mina III pushback.these areas contain any Mineral Reserve. All licences are in good standing.


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.jpgGeneral laws relating to mining

 
Attributable gold production
(000oz)

 
Average number of  
employees  

Operations   
Australia   
1.   Sunrise Dam254
 570
2.   Tropicana 70%360
 570
AngloGold Ashanti’s Australian assets compriseIn Australia, with a few exceptions, all onshore minerals are owned by the wholly owned Sunrise DamCrown. The respective Minister for each state and territory is responsible for administering the 70 percent-owned Tropicana Gold mine locatedrelevant 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 north-eastern goldfieldsNative Title Act 1993 (Cth) (the “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, in the state of Western Australia, the Mining Act 1978 (WA) provides that an applicant for the grant of, or the holder of, a mining tenement is responsible for native title compensation, if determined to be payable, to native title holders.



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Federal, state and territory Aboriginal and non-Aboriginal heritage laws operate in parallel to the native title legislation. State and territory heritage laws exist predominantly for the purposes of managing the impact of developments on sites, objects and areas of heritage significance. In Western Australia, impacts to Aboriginal cultural heritage are regulated by the Aboriginal Heritage Act 1972 (WA). However, this legislation will be repealed and replaced by the Aboriginal Cultural Heritage Act 2021 (WA) (the “ACH Act”) which was enacted in 2021. The regulations, management code and various guidelines which underpin the ACH Act are being co-designed by the State government, traditional owners, industry and other stakeholders. The ACH Act will not become fully operational until the co-design process is complete in mid-2023 at the earliest. 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 and, at this stage, it is not possible to predict any significant impact that may result in the future from the final regulations, management code and various guidelines under the ACH Act, once adopted.

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.

It is possible for an individual or entity to own an area of land (including 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 (including a public consultation period) pursuant to applicable environmental protection legislation prior to commencement. Further, a works 'construction' approval and 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. In Western Australia, legislation removing the distinction between “works approvals” and “licenses” is expected to enter into force in December 2023 such that, following the effective date, only a “license” will be required for “prescribed activities”, which include relevant works and operations on a mining lease, and not a separate “works approval”. Depending on the jurisdiction, additional approvals may be required for the removal of native vegetation within the tenement, and the taking and use of water for exploration and mining operations.

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.
Australia - Key Statistics
At Sunrise Dam, one mining lease (M39/1116) covers the deposit and mine infrastructure (approximately 7,808 hectares) and another mining lease (M39/1117) covers the water extraction infrastructure used to supply the operation with water (approximately 1,768 hectares). Both leases are currently in good standing, with expiry dates in 2038.

The Butcher Well joint venture has security of tenure for all current exploration licences and for the contiguous mining leases that covers its Mineral Resource. There are three mining leases: mining lease (M39/165) which covers 602.35 hectares with expiry date in 2030, mining lease (M39/166) which covers 990 hectares with expiry date in 2030 and mining lease (M39/230) which covers 446.4 hectares with expiry date in 2032.




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 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
At Tropicana, the deposit is situated upon a single mining lease (M39/1096) covering approximately 27,228 hectares, which is currently in good standing, with an expiry date in 2036.


AngloGold Ashanti Australia Limited is also conducting early stage exploration activities in Queensland under the Mineral Resources Act 1989 (QLD). AngloGold Ashanti holds 15 exploration permits covering 316,851 hectares. Each permit is granted with an initial term of five years, renewable for two further periods of not more than five years each.


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 as well as mining concessions, or exploitation rights. 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. 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 (the “Mining Investment Law”), and related legal provisions being the most important one. Such incentives include, among other matters, import duty exemptions, accelerated depreciation of fixed assets, a three 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. (“CVSA”) 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) (the “Glacier Law”) was enacted in Argentina, banning new mining exploration and exploitation activities on glaciers and “peri-glacial” areas. 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.

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) (the “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



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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 to finance education, health and other programmes. Additionally, the FMA included setting forth mining royalties up to three percent of the gross value of commercialised 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 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.

Foreign exchange and export rules

Foreign exchange controls

On 1 September 2019, by means of Executive Decree No. 609/2019 (the “Export Controls Decree”), the Argentinean national government reinstated foreign exchange and export controls. The Export Controls Decree and related regulations of the Central Bank of Argentina impose, 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 de cambios) the countervalue (contravalor) from their exports of goods within a specified period. The export of goods is regulated by the Consolidated Text on “Foreign Trade and Exchange” issued by the Argentinean Central Bank (as amended from time to time) which establishes the specific regulatory requirements to implement the measures adopted by the national government in this area. Prior approval of the Argentinean Central Bank is generally required to access the foreign exchange market for transactions relating to the outflow of funds, except in certain circumstances.

In October 2022, the Argentinean national government implemented the Argentinean System of Imports (Sistema de Importaciones de la República Argentina) (“SIRA”) and the Argentinean System of Imports and Foreign Payments of Services (Sistema de Importaciones de la República Argentina y Pagos de Servicios al Exterior). Importers must obtain a SIRA approval in the form of a SIRA certificate for the import of goods and to access the foreign exchange market for payments in connection with the import of goods. Additionally, from 1 January 2023, Argentinean residents, such as CVSA, must comply with certain supplementary provisions in order to access the foreign exchange market without prior approval of the Argentinean Central Bank, unless an exception applies.

CVSA had a cash balance equivalent to $116 million at 31 December 2022. The cash balance is available to be paid to AngloGold Ashanti’s offshore ($105 million (equivalent)) and onshore ($15 million (equivalent)) investment holding companies in the form of declared dividends. Applications have been made to the Argentinean Central Bank to approve the purchase of U.S. dollars in order to distribute offshore dividends related to the 2019, 2020 and 2021 financial years of $105 million (equivalent) to AngloGold Ashanti. Also, under a special regime established for dividend payments, a new petition to distribute a portion of the offshore dividends applied for, in the amount of $54 million (equivalent), was submitted to the Argentinean Central Bank during the third quarter of 2022. In December 2022, the Argentinean Central Bank approved, based on the applications submitted under this special regime, the payment of $17 million (equivalent) to AngloGold Ashanti. As a result, during 2022, AngloGold Ashanti received offshore dividends from CVSA in a total amount of $17 million (net of withholding taxes) paid in U.S. dollars. While the remaining approvals are pending, the cash remains fully available for CVSA’s operational and exploration requirements.

Export duties

On 21 December 2019, the National Law on Social Solidarity and Productive Reactivation (Law No. 27, 541) (the “Solidarity Law”) was enacted. The Solidarity Law granted 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 eight percent of the taxable value or official FOB price. On 2 October 2020, the national government published Decree No. 785/2020 (the “Export Duties Decree”) which sets an export duty rate of eight percent for certain goods, including doré bars and gold alloys, and revoked the provisions of Decree No. 793/2018 which had previously set the export duty at 12 percent ad valorem. While the Export Duties Decree was set to expire at the end of 2021, on 31 December 2021, the national government published Decree No. 908/2021, extending the deadline of export duties on certain goods, including doré bars and gold alloys, until 31 December 2023. It is uncertain whether the national government is empowered to extend such deadline beyond the date set forth in the Solidarity Law. These export duties, if not compensated with other tax reductions, affect the tax stability guarantee granted to CVSA in 1996 in light of the fact that at the time export duties were zero percent.



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On 26 February 2019, the Argentinean tax and mining authorities published a resolution (RC 4428/2019) establishing an administrative procedure to be followed to obtain the reimbursement or compensation of federal taxes paid in excess of the total tax burden provided for by the applicable tax stability guarantee (the “2019 Procedure”). CVSA initiated the 2019 Procedure to claim compensation for the export duties it paid in 2018, 2019 and 2020 as export duties are not contemplated by its tax stability guarantee. Prior to the publication of RC 4428/2019, CVSA had already submitted to the tax authorities claims for reimbursement of the export duties it paid from 2008 to 2015.

Pursuant to the 2019 Procedure, the National Mining Secretariat issued favorable opinions regarding CVSA’s claims in respect of fiscal years 2018 and 2019, which amounted to approximately $2.0 million and $6.3 million, respectively, as of 31 December 2022. These claims are currently under review by the relevant customs authorities. On 14 July 2021, CVSA submitted its claim in respect of fiscal year 2020, which amounted to approximately $12.4 million as of 31 December 2022. The National Mining Secretary has not yet issued an opinion regarding this claim.

Furthermore, CVSA has requested the tax authorities to apply the 2019 Procedure in respect of its historical claims for fiscal years 2008 to 2015 during which the imposition of export duties also exceeded CVSA’s total tax burden under its tax stability guarantee. However, these claims, which amounted to approximately $3.1 million as of 31 December 2022, are still being reviewed under the rules to challenge export duties instead of the 2019 Procedure. CVSA has appealed the application of those rules and a decision on this issue is pending.

On 9 June 2022, the Argentinean tax and mining authorities published a resolution (RC 5205/2022) establishing a new administrative procedure to be followed to obtain the reimbursement or compensation of federal taxes paid in excess of the total tax burden provided for by the applicable tax stability guarantee (the “2022 Procedure”). This 2022 Procedure replaces the 2019 Procedure established by RC 4428/2019. On 20 September 2022, CVSA submitted its claim for compensation for the export duties in respect of fiscal year 2021, which amounted to approximately $11.2 million as of 31 December 2022, pursuant to the 2022 Procedure. This claim is currently under review by the National Mining Secretary.

In total, AngloGold Ashanti’s net export duty receivables (after discounting provisions) in Argentina amounted to $9 million as of 31 December 2022.

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, obligations to restore the environment, temporary or permanent closure of activities, and withdrawal of authorisation to conduct mining-related activities.

AngloGold Ashanti’s rights and permits

The mining concession holder of Cerro Vanguardia, the Company’s operation in Argentina, is AngloGold Ashanti’s partner, Fomento Minero de Santa Cruz S.E. (“Fomicruz”), which is wholly owned by the Santa Cruz Province. On 27 December 1996, Fomicruz entered into a usufruct agreement whereby CVSA was granted an irrevocable right to exploit the Cerro Vanguardia deposit (encompassing an area of approximately 543 km2) for a 40-year period. The mining licence (402642/CV/97), which covers the full Mineral Reserve, expires on 26 December 2036. CVSA is a corporation incorporated in Argentina indirectly controlled by AngloGold Ashanti (92.5 percent), with Fomicruz as minority shareholder (7.5 percent). On 14 August 1996, CVSA 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.




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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 the ANM are valid for one to four years. One extension can be obtained automatically as long as it is justified. For more than one extension, the extension request will have to satisfy specific legal requirements. 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 the ANM, and (iii) refrain from suspending mining activities without prior notice to the 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 “inspection and control” tax (duty) on extraction and exploration activities as well as on the use of Mineral Resource carried out in those states. In the state of Minas Gerais, gold ore and silver ore are exempted from the collection of this new duty. At the end of 2020, the state of Goiás created a new “inspection and control” tax (duty) on extraction and exploration activities carried out in this state, which currently still needs to be implemented. The constitutionality of these “inspection and control” taxes was upheld by the Supreme Court of Brazil on 1 August 2022.

Environmental laws relating to mining

Following the catastrophic failure of a tailings storage facility (“TSF”) at the Córrego do Feijão iron ore mine owned by Vale at Brumadinho in the state of Minas Gerais in Brazil in January 2019, executive, legislative and judiciary bodies, both at the federal and state levels, have generally increased scrutiny of mining operations in Brazil, and of TSFs in particular, and 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.

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 operators to cease all storage and disposal activities at TSFs (known as “deactivation” or “desativação”) constructed or heightened upstream or by an “unknown” method by 15 September 2021 as well as to decommission such TSFs by 15 September 2022 to 15 September 2027 (depending on the capacity volume). To comply with the terms of ANM Resolution No. 13/19, the Serra Grande tailings dam in the state of Goiás must be decommissioned by 15 September 2025. The Serra Grande mine completed the process of reinforcing the dam walls of its upstream TSF, deactivating the TSF and migrating to dry-stacking operations, each by the 15 September 2021 deadline.

Furthermore, Federal Law No. 14.066/20, adopted in October 2020, also imposes requirements on companies to decommission upstream TSFs, including the Serra Grande tailings dam, by 25 February 2022 (which date is earlier than required by ANM Resolution No. 13/19). However, Federal Law No. 14.066/20 does permit extensions of the compliance deadline, with the consent of the ANM based on the technical plan for decommissioning. Serra Grande submitted timely requests to obtain an extension of the compliance deadline until 2025 in line with the timeline set forth in ANM Resolution No. 13/19 and presented its technical plan for decommissioning. On 26 May 2022, the ANM issued a technical note allowing the extension until 2025. With respect to downstream (or “centerline”) TSFs, Federal Law No. 14.066/20 requires companies, to the extent that communities are located in the self-rescue zone of those TSFs, to implement one of the following measures for such structures: either (i) the structure must be deactivated 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, deactivation and decommissioning of those TSFs will be required at the end of the life of the mine. All of the TSFs operated by AngloGold Ashanti in Brazil have communities located in self-rescue zones.




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As of 31 December 2022, AngloGold Ashanti has fully transitioned to dry-stacking operations for tailings storage at each location in Brazil. Capital expenditures required in 2022 to implement this new technology amounted to approximately $83 million. Capital expenditures for work required to comply with TSF-related requirements during the period 2023-2025 are expected to be material but, based on preliminary estimates to date, AngloGold Ashanti anticipates that annual expenditures for each of these years will be less than in prior years and will decline over time. Neither ANM Resolution No. 13/19 nor Federal Law No. 14.066/20 requires removal of all tailings material in connection with the decommissioning of TSFs (a process known as “decharacterisation” or “descaracterização”).

At the state level, the state legislator in the state of Minas Gerais adopted Law No. 23.291/19 in February 2019 which contains 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, establishes bond requirements and holds management liable for non-compliance with its provisions. The government of Minas Gerais adopted several decrees in furtherance of this legislation.

In addition, ANM Resolution No. 95/22, which became effective on 22 February 2022, effectively consolidates prior federal resolutions on TSFs, including ANM Resolution No. 13/19, and establishes new criteria for the operational management of TSF structures, changes the criteria related to the risk classification of TSF structures and emergency levels and sets new criteria for the suspension, embargo (order to stop operations) and interdiction of TSF activities. Operators of TSFs were mandated to conduct and submit risk assessments to the ANM by December 2022 and are required to update those risk assessments every two years. Operators are also required, on an annual basis, to obtain certifications from external consultants of the geotechnical stability of TSF structures and the adequacy of emergency response plans. In late 2022, tailings deposition was required to be suspended due to embargos at five of AngloGold Ashanti’s TSFs in Brazil pending certification by external consultants of on-site emergency response plans (Declaração de Conformidade e Operacionalidade (“DCO”)) as well as, at one such TSF, certification by external consultants of geotechnical stability (Declaração de Condição de Estabilidade (“DCE”)) consistent with the new standards. In addition, at the Calcinados TSF, a risk assessment conducted in December 2022 with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice. Construction at the Calcinados TSF is expected to begin later in 2023, and the timeline for completion will be determined once the engineering and geotechnical work has been completed by external consultants. Tailings deposition at the Calcinados TSF, as well as processing of gold concentrate at the Queiroz plant, which services the Cuiabá mine complex, is suspended until additional buttressing of the Calcinados TSF impoundment is complete.

On 1 December 2022, the ANM published ANM Resolution No. 122/22, which relates to administrative sanctions for non-compliance with mining and dam safety regulations and which, in addition to significantly increasing the values of applicable fines and penalties, establishes procedures and parameters for available sanctions including seizures of ore, goods and equipment, suspension of mining activities, demolition of mine infrastructure and invalidation or cancellation of title and exploration licences.

Further amendments to the regulatory requirements in Brazil governing such TSFs and related dams are expected to be adopted in 2023.

AngloGold Ashanti’s rights and permits

At AGA Mineraçao, Cuiabá has a single mining concession (No. 000.323/1973) covering a total area of 3,662 hectares. In February 2022, two additional mining concessions for Cuiabá (Nos. 830.937/1979 and 831.027/1980) were published, which cover an additional area of 816.2 hectares. Lamego has a single mining concession (No. 932.710/2017) covering a total area of 1,622 hectares. Córrego do Sítio is hosted by five geographically contiguous mining concessions (i.e., Nos. 930.556/2000, 930.181/2008, 830.129/1982, 833.472/2003 and 830.943/1979) covering a total area of 6,017 hectares.

At Serra Grande, the Company has interests in or agreements over 25,719.94 hectares in the Crixás greenstone belt, representing approximately 87 percent of the relevant tenements that correspond to all current exploration and mining activities. These have been held since 1987. The mining concessions include mining concession No. 002.286/1935 covering an area of 4,206.88 hectares, mining concession No. 960.658/1987 covering an area of 1,946.89 hectares, mining concession No. 860.746/2005 covering an area of 88.28 hectares, mining concession No. 862.103/1994 covering an area of 125.41 hectares and mining concession No. 804.366/1975 covering an area of 196.05 hectares.

All of the Company’s mining concessions in Brazil are currently active, in good legal and operational standing, and free of liabilities and/or major obligations. Brazilian mining concessions remain valid up to the depletion of the Mineral 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.










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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 over free areas 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 (Agencia Nacional de Minería) grants the authorisation 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 these timelines are extended or modified. 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 licences. 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 programme

In 2013, the national government instituted the PINES programme 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 programme, 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 registered. In the case of the Quebradona project, the deposit mainly consists of copper followed by gold and silver. There is a five 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 four 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 licence is granted the concessionaire must invest one percent of the project’s value to benefit the basins covered by the environmental licence.







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Environmental laws relating to mining

In order to obtain an authorisation to carry out a mining project, a company must prepare an Environmental Impact Study (“EIA”) for approval by the National Environmental Licensing Authority of Colombia (Autoridad Nacional de Licencias Ambientales or “ANLA”). Global environmental licences are granted for the entire life of the project and cover all phases: construction, assembly, operation, maintenance, dismantling, final restoration, abandonment and/or termination. Construction and assembly permits (Plan de Trabajos y Obras or “PTO”) are granted by the mining authority with jurisdiction over the project.

In Colombia, 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, a company whose concession was voided 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 subsidiaries of the company operating in Colombia, if those concession contracts are held singularly or in concert with joint venture partners.

Mining activity is prohibited in 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 and the concessionaire must obtain a specific permit to partially and temporarily change the use of the soil before pursuing exploration activities. In addition, Resolution 1987/2016, passed by the national 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.S. (“AGA Colombia”) remains in force majeure due to delays in granting environmental permits by national and local environmental authorities, thereby preventing AGA Colombia from undertaking further exploration activities. The most recent one-year grant of force majeure, during which time the specified timelines for completing the various phases of the mining project under the concession contract are suspended, will expire on 22 June 2023. 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 integrated mining concession contract (EIG-163) which covers a total area of 9,210 hectares and expires on 28 February 2037.

Minera de Cobre Quebradona S.A.S. B.I.C. (“MCQ”) which manages the Quebradona project, obtained the integration of concession agreement 5881 in October 2016 and registered in December 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. Concession contract 5881 initially covered a total area of 7,593 hectares, which was reduced to 4,881.89 hectares by the relevant mining authority (Secretaría de Minas de Antioquia) on 4 March 2022. It will expire in May 2037 and is currently in its seventh year of the integrated exploration phase. In September 2021, the permits for the construction and mining operation were approved by the relevant mining authority (Secretaría de Minas de Antioquia). On 4 November 2021, ANLA officially notified AngloGold Ashanti of its decision to ‘archive’ the environmental licence application relating to the Quebradona project. ANLA has neither denied nor granted the licence, but deemed that the information provided by AngloGold Ashanti is not enough for this authority to take a substantive decision. On 18 November 2021, AngloGold Ashanti appealed the archiving decision in order to secure further details on the specific additional information ANLA requires to make a determination. ANLA denied the appeal on 29 April 2022 and the archiving decision was confirmed. AngloGold Ashanti is in the process of preparing a new Environmental Impact Assessment for the Quebradona project to submit to ANLA in connection with its environmental licence application.

The Gramalote project is organised as a joint operation between AngloGold Ashanti (through AGA Colombia Holdings Limited and AngloGold Ashanti Holdings plc) and B2Gold (through B2Gold Corp. and Graminvest Ventures Limited). Gramalote Limited, a company incorporated under the laws of British Virgin Islands which is the legal vehicle operating the joint operation, established a Colombian branch, Gramalote Colombia Limited (“GCL”), to carry out activities in Colombia and obtain the mining concession contracts necessary to develop the Gramalote project. The Gramalote joint operation has been operated by B2Gold since January 2020. Pursuant to an integrated mining concession contract No. 14292, GCL was granted the exclusive right to explore, take ownership and dispose of the mineral reserves (ore) extracted from the concession area (which covers a total area of 8,720.71 hectares and includes the Gramalote and Monjas anomalies) until April 2043. GCL has the right to request an extension of the operating period for up to 20 years, and, if exercised, such request to extend must include new technical, economic, environmental and social studies that demonstrate the status of the mineral resources. Currently, concession contract



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No. 14292 is in the phase of construction and assembly, pending resettlement of communities and the formal start of construction activities. GCL has received an environmental licence granted by ANLA and permits for the construction and mining operation which were approved by the relevant mining authority (Secretaría de Minas de Antioquia). GCL also holds an exploration concession No. 4894 (which covers a total area of 2,279.32 hectares and includes the Trinidad anomaly) which expires in 2044 and an exploration concession No. QHQ-16081 (which covers a total area of 9.78 hectares) which expires in 2052. Following the completion of the feasibility study in the second half of 2022, AngloGold Ashanti and B2Gold determined that the Gramalote project does not meet their investment thresholds for development. Following a comprehensive review of the alternatives relating to the project, both joint operation parties commenced a joint sales process for the Gramalote project, which is currently ongoing.

United States of America (Nevada)

General laws relating to mining and land ownership

General regime

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. The right to mine on such federal land in western states is governed by the U.S. General Mining Law of 1872, as amended (the “General Mining Law”), as well as relevant state statutes and regulations. The General Mining Law allows mining claims (for mining and mining-related activities) on certain federal lands after proper compliance with claim location and maintenance requirements.

Mineral exploration activities in Nevada are also generally subject to applicable federal, state, and local permitting requirements, but the specific regulatory authorisations required for the company’s activities are based on the nature and location of the exploratory work. Many of the company’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, while projects that are more advanced require additional permitting, including a Plan of Operations approved by the federal Bureau of Land Management (“BLM”). The State of Nevada Division of Environmental Protection’s Bureau of Mining Regulation and Reclamation (“BMRR”) also regulates mining within the state of Nevada. However, exploration projects of five acres or less on federal land, the scope of a notice-level operation under federal law, are exempt from BMRR regulation. Certain of the company’s early-stage exploration activities fall within this exemption.

The company is currently engaged in exploration activities on certain of its unpatented claims that include, but are not limited to, geological and spectral mapping, surface geochemical sampling, geophysical surveying and RC and/or diamond drilling.

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 and other entities the ability to petition the U.S. Secretary of the Interior to make certain areas unavailable for the location of unpatented mining claims. In June 2020, former President Trump signed an executive order directing certain federal agencies to streamline the review processes associated with permitting of infrastructure and natural resources projects. Many of those policies have subsequently been rescinded by the Biden administration. While certain other executive orders may favorably affect the timing of our permit and project approvals, the impact is yet to be determined and remains uncertain.

There are a number of bills being proposed to the Nevada state legislature during the 2023 legislative session that could impact the company’s planned operations. These include proposed legislation that would alter the way water rights are administered by the state, as well as a bill that would, if enacted, impose additional requirements for environmental review of mineral development projects in Nevada. At this stage, it is not possible to evaluate whether these bills will be enacted in any form by the Nevada state legislature or, if passed, what impact any might have on AGA.

AGA is currently unaware of any other new federal or state legislative or regulatory changes or rule-making that has been proposed or enacted that would adversely affect its current exploration programmes. If any requirements, standards or conditions were adopted in the future that imposed additional or new obligations or costs on AGA in connection with our exploration or extraction activities in the United States, the company’s operations in Nevada could be adversely affected.

AngloGold Ashanti’s rights and permits

In Nevada, the company’s wholly-owned subsidiaries hold a significant number of unpatented mining claims on federal lands. The Silicon project consists of approximately 950 unpatented mining claims. The North Bullfrog project consists of 45 patented and approximately 1,600 unpatented mining claims (covering approximately 32,000 acres) situated in the Bullfrog mining district. There are also nine mining leases within the North Bullfrog project the majority of which continue in perpetuity so long as the company meets certain minimal requirements for use of the land. One mining lease is scheduled to expire in 2031. The Mother



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Lode project consists of 13 unpatented mining claims. The North Bullfrog and Mother Lode projects are now controlled by the company as a result of its acquisition of all of the outstanding stock of Corvus Gold Inc., which closed on 18 January 2022. The southern claim block, encompassing the Sterling mine and other properties in the same general area, consists of approximately 1,900 unpatented claims (covering approximately 35,000 acres), which are now controlled by the company as a result of its acquisition of all of the outstanding stock of Coeur Sterling, Inc. (a subsidiary of Coeur Mining, Inc.), which closed on 4 November 2022. As a result of this acquisition, the company now controls a past-producing mine site in southern Nevada known as the Sterling mine, which has one applicable mining lease that expires in 2029, with the option to extend the lease for an additional ten-year period. Although the Sterling mine is currently in care and maintenance status, it remains subject to complex permitting and regulatory requirements, including compliance with relevant provisions of the U.S. Federal Mine Safety and Health Act of 1977 and oversight by the U.S. Department of Labor’s Mine Safety and Health Administration (“MSHA”).

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 site closure 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 integrates mine closure planning throughout the mine life cycle as follows:
Exploration stage: developing a plan and programme for cessation and closure of exploration activities in a manner that meets local laws and AngloGold Ashanti's mine closure planning standard.
Project phase: developing conceptual closure plans and cost estimates for all projects and including them in project feasibility studies, designs and evaluations.
Operational phase: developing and periodically updating mine closure plans and cost estimates with increasing levels of detail and confidence over the operational phase as part of the business planning process. Closure plan updates take into account operational conditions, planning and regulatory requirements as well as advances in technology and international industry good practice (e.g., the ICMM Integrated Mine Closure Good Practice Guide). Concurrent rehabilitation, which is carried out while a mine is still operational, is a good practice that serves to decrease the final rehabilitation and closure work as well as the ultimate liability.
Closure period: implementing the final closure plan starting at cessation of operations through a period of decommissioning, dismantling and rehabilitation until the point in time where management of the site is largely limited to monitoring and maintenance.

The Company’s group mine closure planning standard stipulates that closure planning must be undertaken in consultation with the stakeholders. In the course of these consultations, different issues are raised which require site-specific solutions. Each mine closure plan includes a social transition plan which seeks to minimise social impacts and maximise opportunities for local communities, including human resource, social infrastructure, economic and financial assets with the aim of enhancing the self-sustainability of mine communities after mine closure.

Provisions for decommissioning and restoration costs are made when there is a present obligation, it is probable that expenditure on decommissioning and restoration 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 rehabilitation, 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.

Total provisions for decommissioning and for environmental restoration activities (excluding joint ventures) decreased by $95 million from $673 million in 2021 to $578 million in 2022. This decrease was mainly due to changes in estimates resulting from changes in discount rates, changes in global economic assumptions, changes in mine plans resulting in a change in cash flows as well as changes in the design of TSFs.

SUSTAINABILITY AND ENVIRONMENTAL, SOCIAL AND GOVERNANCE (“ESG”) MATTERS

AngloGold Ashanti’s sustainability approach is fundamental to how the Company operates its business, as well as its ability to create long-term value for its shareholders, employees and social partners through safely and responsibly exploring, mining and marketing its products. Sustainability and safety are integrated into the Company’s business and operations at all levels through various frameworks, standards and policies, and the Company measures its performance in achieving its goals against its sustainability and other ESG metrics, as well as its engagement with stakeholders.

In mitigating the risks and impacts that are an inherent part of its business, AngloGold Ashanti is informed by an annual assessment of its key ESG issues. This process is aligned with guidance published by the International Integrated Reporting Council (“IIRC”), the Sustainability Accounting Standards Board (“SASB”), the Global Reporting Initiative (“GRI”) Standards and



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the Accountability AA1000 Stakeholder Management Standard. This assessment is annually reviewed by AngloGold Ashanti’s senior leadership and approved by the Social, Ethics and Sustainability Committee (the “SES Committee”).

AngloGold Ashanti’s board of directors, assisted by the SES Committee, has ultimate responsibility over environmental, safety, health and ethical matters and for the integration of sustainability objectives into AngloGold Ashanti’s business. This includes oversight of the Company’s stakeholder engagement framework and structures, which apply to investors, employees, governments, suppliers and communities, at every stage of its business from exploration to mine closure. Group Corporate Affairs and Sustainability is responsible for development of management systems and supports the Company’s general managers in the day-to-day implementation of its sustainability strategy.

AngloGold Ashanti maintains a set of policies and procedures to guide the Company in acting as a responsible corporate citizen, including the Code of Business Principles and Ethics which sets requirements for the implementation of key corporate policies and guidelines and applies to all management and employees, and to maintain compliance with applicable environmental, health and safety (“EHS”) laws. In 2022, AngloGold Ashanti continued with the implementation of the Integrated Sustainability Information Management System (“iSIMS”), in order to improve internal reporting and better integrate, manage and monitor sustainability activities with respect to its broader business. This common management and reporting application for all sustainability disciplines, from safety, health and security to community and environmental management, is expected to help provide timely information in each of these areas, and to facilitate transparency and decision-making in its processes and practices.

Significant EHS requirements and ESG risks and trends affecting the Company’s mining and processing operations are described below.

EHS Regulatory Compliance

AngloGold Ashanti is subject to extensive 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 (“GHGs”)); mine and dam safety, regulatory and community reporting; clean-up of contamination; land use and conservation of protected areas; rehabilitation and closure of mined land; 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 the Company’s operations, including the requirements contained in environmental permits, are generally becoming more restrictive.

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 facilities, such as TSFs, or 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, the right to mine a given concession. AngloGold Ashanti’s ability to obtain and maintain permits and other approvals and to successfully operate near 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 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 or rights to extract water from certain natural sources that govern usage and require, among other things, that mining operations maintain certain water quality upon discharge. Water supply, quality and usage are areas of concern across all of the Company’s operations, including with respect to the Company’s mining operations in Ghana and Brazil, its mine development projects in Nevada, as well as its mine development project at Quebradona in Colombia. Any failure by the Company to secure access to suitable water supplies, or achieve and maintain compliance with applicable requirements of the permits or licences, 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 related 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.

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.








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Waste Management

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 typically deposited as slurry in large tailing storage facilities (“TSFs”) specifically designed for this purpose.

The impact of dust generation, breach, leak, or other failure of a waste rock facility or 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, industry standards and commitments made to local communities. The occasional well-publicised failure of a third-party TSF and the potential impact of such failure also mean that these facilities are generally tightly regulated. A safety or environmental incident at the Company’s operations could result, among other things, in enforcement, including mandatory shutdown of a TSF and related facilities, 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 the Córrego do Feijão iron ore mine owned by Vale at Brumadinho 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 death or injury 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. For example, in late 2022, tailings deposition was suspended at five of AngloGold Ashanti’s TSFs in Brazil pending certification by external consultants of on-site emergency response plans (“DCO”) and/or geotechnical stability (“DCE”) consistent with new regulatory standards enacted in early 2022. In addition, at the Calcinados TSF, a risk assessment conducted in December 2022 with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice. The timeline for completion will be determined once the engineering and geotechnical work has been completed by external consultants. For further information on the regulatory framework governing TSFs in Brazil, see “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil”.

In addition, a new Global Industry Standard on Tailings Management (“GISTM”) was established in August 2020 by a panel comprised of industry and non-governmental organisation (“NGO”) experts. AngloGold Ashanti has committed to comply with the GISTM at all of its TSFs by August 2025, and the costs related to meeting such standard are not expected to be material to AngloGold Ashanti.

In addition, AngloGold Ashanti could incur liabilities, or material costs to manage solid and hazardous waste generated by its mining activities, including dust and residual chemicals and metals. For example, AngloGold Ashanti expects to incur approximately $25 million to $30 million in capital expenditure and operating costs during 2023-2026 in connection with treatment and disposal of a quantity of legacy arsenic trioxide waste located at the Obuasi mine.

Groundwater Impacts and Environmental Remediation

As AngloGold Ashanti or its predecessors have 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 which AGA, as the current owner/operator, may be legally responsible. For example, 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, including in Tanzania, where an in-situ remediation project to address sulfate in groundwater commenced operations in 2022.

Subject to the completion of site-specific trials and potential technologies being confirmed as viable remediation techniques, 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.

Climate Change and GHG Regulation

At AngloGold Ashanti, climate change is a board of directors-level governance issue, overseen by the SES Committee and the Audit and Risk Committee. AngloGold Ashanti’s Climate Change Strategy, which was approved by the board of directors in November 2021, seeks to embed the management of physical, regulatory and transition climate change-related risks, as well as climate change-related opportunities, into the Company’s strategic and operational planning processes.




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In 2021, AngloGold Ashanti committed to the International Council on Mining & Metals (“ICMM”) target of achieving net zero Scope 1 and Scope 2 GHG emissions by 2050. AngloGold Ashanti has also committed to achieving a 30 percent reduction in absolute Scope 1 and 2 emissions by 2030 (as compared to a 2021 baseline), and, in partnership with value chain partners, to set Scope 3 GHG reduction targets, if not by the end of 2023, as soon as possible thereafter.

In December 2015, 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 (the “Paris Agreement”). The Paris Agreement, which came into force on 4 November 2016, requires developed countries to set targets for emissions reductions. As a result, measures designed to limit or reduce GHG emissions, both mandatory and voluntary, have been, and are expected to be, implemented at national or regional levels in various countries.
New regulatory requirements, or changes required to effectively transition to a low-carbon economy, could require AngloGold Ashanti to reduce its direct GHG emissions or energy use, change its fuel mix or 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 nation 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 national GHG reduction target of 36.1 percent to 38.9 percent below the projected emissions in 2020 for “business as usual”. The policy required the development of sector-specific plans in order to meet the target and 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, the states of Goiás and Minas Gerais (in which AngloGold Ashanti operates) do not currently require GHG emissions management plans for mining projects. In 2015, Brazil announced, in connection with its commitments under the Paris Agreement, economy-wide absolute mitigation targets providing for a 37 percent reduction in GHG emissions by 2025, as compared to 2005, and a goal to reduce GHG emissions by 43 percent by 2030 compared to 2005 levels.

In addition, in Australia, the Safeguard Mechanism (Rule 2015), through the National Greenhouse and Energy Reporting (“NGER”) scheme, provides a framework for Australia’s largest emitters to measure, report and manage their emissions. The Safeguard Mechanism applies to facilities with Scope 1 covered GHG emissions of more than 100,000 tonnes of CO2e per fiscal year. 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 percent above its safeguard threshold, the cost of which was immaterial. Two amendments to the Safeguard Mechanism (Rule 2015) enacted in March 2019 and May 2020 allowed for the application of transitional calculated baselines using estimated CO2-e emissions intensities. Based on the production and emissions forecasts, the Australian mining operations applied to use transitional calculated baselines in 2020 for Sunrise Dam and Tropicana, which were approved by the Clean Energy Regulator effective 1 July 2019 to 30 June 2022 for both operations. Thereafter, the Australian mining operations will be required to apply production-adjusted baselines and, if actual emissions exceed the baseline, to purchase emissions offsets for the business. In any event, the cost of such offsets, if ultimately required to be purchased, including due to a change in the operations under the business plan prior to June 2022, are not expected to be material to the Company’s business.

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, 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. In consultation with external consultants, physical climate risk assessments were undertaken for all operations using current climate models for the business and various decarbonisation scenarios and climate adaptation plans were outlined. These physical climate risks will be further reviewed and refined in 2023.

Occupational Safety and Health

AngloGold Ashanti is subject to a variety of laws and regulations in each of the jurisdictions where the Company operates that are 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 and introduce corrective measures at those operations.

Safety remains a priority for AngloGold Ashanti and a focus of AngloGold Ashanti’s long-term sustainability approach, as well as the Company’s continuing efforts to manage the risks inherent to its operations, to model critical controls and to strengthen safety protocols and preventative measures. AngloGold Ashanti has made significant strides in improving safety. In 2022, there was a 41 percent reduction in year-on-year total recordable injury frequency rate, and no fatalities at any of the mines operated by AngloGold Ashanti.

AngloGold Ashanti’s Group Safety Strategy, which is updated every three years, seeks to integrate operational risk management and key performance indicators at all levels of the organisation and maintain alignment with global safety standards. The SES



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Committee oversees the implementation of the Group Safety Strategy. All operations, have been certified to ISO 45001:2018, which has replaced the OHSAS 18001:2007 series.

Community Health and Tropical Diseases

AngloGold Ashanti is also 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 Africa region and Brazilian operations, albeit to a far lesser extent. AngloGold Ashanti provides occupational health services to its employees at its occupational health centres, clinics, and through outsourced service centres. The Company continues to expand preventative occupational hygiene initiatives, such as implementing various control measures to prevent hazardous exposures, and providing employees with Personal Protective Equipment.

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. The recent sale of the Company’s South African operating assets and liabilities did not include the silicosis or tuberculosis settlement obligations relating to South African employees, which were retained by AngloGold Ashanti. For further information, see “Item 18: Financial Statements—Note 1.2—Statement of Compliance—Significant Accounting Judgements and Estimates—Provision for silicosis”.

In addition to OLD, HIV and AIDS and associated diseases remain major health care challenges faced by AngloGold Ashanti’s Africa region operations. AngloGold Ashanti continues to implement programmes to help those infected with HIV and prevent new infections from spreading.

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 and also gives rise to deaths and absenteeism in adults. All affected Company operations in Africa have malaria control programmes in place. The Ghana Obuasi malaria control programme activities have been completed in 16 districts of Ghana as planned for 2022 and a new cycle of indoor residual spraying will commence in 2023; in partnership with the Global Fund and the Ghana Department of Health.

In 2022, the COVID-19 pandemic subsided significantly with decreases in reporting of severe disease or deaths. Nevertheless, AngloGold Ashanti continued to direct resources for close surveillance and maintenance of controls within the company with a view to ensure continuity of its operations and avoid any potential disruption in the event of a re-emergence of the pandemic. Universal access to safe and effective vaccines provided an additional layer of protection, especially against severe forms of disease, hospitalisation and death. The company endeavoured to continue to provide prompt access to approved and available vaccines for all workers, especially employees considered to be at high risk as well as employees with critical skills.

The emergence of COVID-19 however also assisted to better integrate broad health risk management beyond occupational health into the overall business strategy, to contribute to productivity as well as the social licence to operate and to improve various prevention and risk management protocols in place to address the potential risk of an epidemic or pandemic, particularly after the company’s experience with Ebola in Guinea in 2014 and 2015.

The company focused on optimising mental wellbeing, minimising non-communicable diseases associated with lifestyle as well as the need for systematic contribution to health system strengthening, local skill development and overall community development in the jurisdictions in which it operates. Such risks 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. As part of AngloGold Ashanti’s continuing efforts, the company recently approved the newly updated health, hygiene and wellbeing standards based on identified major health hazards or risks which include gender, cultural and other applicable diversity considerations for risk management and controls.

Diversity and Inclusion (“D&I”)

With more than 30,000 employees (including contractor employees) on four continents, AngloGold Ashanti believes that having a diverse and inclusive workforce is important to continuing to attract talent in order to maintain competitiveness and the long-term sustainability of its business. In addition, the Company strives to have a workforce that represents the societies in which AngloGold Ashanti operates in connection with maintaining its social licence to operate.

AngloGold Ashanti’s D&I approach is aligned to the United Nation Sustainable Development Goals (“UNSDGs”) (SDG 5, 8 and 10) and the United Nations Global Compact (“UNGC”). The Company has developed a Diversity & Inclusion Framework, which aims to foster the empowerment of all staff, irrespective of race, gender, ethnicity, religion and sexual orientation and has established specific priorities and actions for the next two to five years to foster the inclusion of D&I objectives in its processes. Leadership teams are responsible for meeting defined diversity targets. In 2022, AngloGold Ashanti conducted an analysis of global gender data across job level, function and country. The analysis was carried out to inform AngloGold Ashanti’s D&I strategy.




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Human Rights and Indigenous Peoples

In its commitment to respecting and promoting human rights, AngloGold Ashanti supports the United Nations Guiding Principles for Business and Human Rights (“UNGP”) and other international initiatives, including the UNGC and the Voluntary Principles on Security and Human Rights (“VPSHR”). The VPSHR, which seeks to balance safety and security needs against respect for human rights and fundamental freedoms, were developed through multi-stakeholder participation between governments, extractive industry members and NGOs. Community and security related matters, including with respect to illegal and artisanal and small-scale mining and related intrusions into the Company’s operational areas, are addressed at board of directors-level by the SES Committee. AngloGold Ashanti’s internal Human Rights Framework includes numerous policies, management standards and guidance documents which apply to all of its employees, contractors and suppliers and require reporting of, and redress for, human rights violations and related allegations.

The Company is aligned with the ICMM Position Statement on Indigenous Peoples and the International Finance Corporation’s Performance Standard 7 on Indigenous Peoples and other international standards and treaties in the area of Indigenous Peoples’ rights.







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ANGLOGOLD ASHANTI GLOBAL FOOTPRINT: 2022
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Operations and projects


Notes
(1) Gramalote is managed by B2Gold Corp ("B2Gold").
(2) AngloGold Ashanti acquired North Bullfrog and Mother Lode as part of the Corvus Gold Inc. ("Corvus Gold") acquisition in January 2022.
(3) AngloGold Ashanti acquired Sterling through the Coeur Sterling, Inc. ("Coeur Sterling") acquisition in November 2022.
(4) Kibali is operated by Barrick Gold Corporation ("Barrick").





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OPERATING PERFORMANCE

Group description

AngloGold Ashanti is an independent global gold mining company with a diverse high-quality portfolio of operations, projects and exploration activities and is headquartered in Johannesburg, South Africa.

In 2022, our portfolio of ten operations in seven countries 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 greenfields projects in Colombia and a focused global exploration programme, including exploration in the United States.

Our operations and projects are grouped into the following regions: Africa, Americas and Australia.

On 12 February 2020, the Company announced that it had reached an agreement with Harmony to sell all its remaining South African producing assets and related liabilities. The sale closed on 30 September 2020. On 10 November 2020, the Company announced that it had completed the sale of its interest in the Morila mine in Mali and on 30 December 2020, the Company announced that it had completed the sale of its interest in the Sadiola Mine in Mali.

AngloGold Ashanti’s operations and joint arrangements employed, on average, 32,594 people (including contractors) in 2022 (2021: 30,561).

Performance

In 2022, AngloGold Ashanti produced attributable 2.742 million ounces of gold (2021: 2.472 million ounces), as well as 3.2 million ounces of silver and 352 tonnes of sulphuric acid as by-products.

Production of 2.742 million ounces of gold was achieved in 2022 at a cost of sales of $3.4 billion for subsidiaries and $342 million for equity-accounted joint venture operations, and an all-in sustaining cost of $1,439 per ounce for subsidiaries and $979 per ounce for equity-accounted joint venture operations, compared to a production of 2.472 million ounces in 2021 at a cost of sales of $2.9 billion for subsidiaries and $350 million for equity-accounted joint venture operations, and an all-in sustaining cost of $1,441 per ounce for subsidiaries and $856 per ounce for equity-accounted joint venture operations.

Gold
The AngloGold Ashanti gold Mineral Reserve increased from 28.1 million ounces as at 31 December 2021 to 28.8 million ounces as at 31 December 2022. This excludes Gramalote as the JV partner has decided not to publish the Mineral Reserve. This annual net increase of 0.7 million ounces includes additions due to exploration and modelling changes of 2.9 million ounces and changes in economic assumptions of 1.0 million ounces. This increase was partially offset by depletion of 2.9 million ounces and reductions due to other factors of 0.3 million ounces. The Mineral Reserve was estimated using a gold price of $1,400 per ounce, unless otherwise stated (2021: $1,200 per ounce). See “Item 4D Property, Plants and Equipment—Mineral Resource and Mineral Reserve”.

Copper
The AngloGold Ashanti copper Mineral Reserveremained unchanged at 1.47Mt (3,250Mlb) as at 31 December 2022 as a feasibility study optimisation is still ongoing and no additional exploration has been completed at Quebradona. The Mineral Reserve was estimated at a copper price of $2.90/lb, unless otherwise stated (2021: $2.90/lb). See “Item 4D Property, Plants and Equipment—Mineral Resource and Mineral Reserve”.

Capital expenditure, including equity-accounted joint ventures, in 2022 amounted to $1,118 million (2021: $1,100 million).

Safety

No fatal occupational safety incidents at any of the mines operated by the Company were recorded for 2022. The TRIFR was 1.26 per million hours worked in 2022 compared to 2.14 per million hours worked in 2021.

Full Asset Potential Review Programme

The Full Asset Potential (“FP”) programme aims to achieve a step-change in AngloGold Ashanti’s operating and cost performance by the year 2024. This programme includes a comprehensive three-month assessment of each of the Company’s mine sites, which covers every aspect of an operation. The outcome is intended to enhance the Company’s understanding of the relative potential of each asset and includes developing a plan and implementation schedule to achieve the targeted performance over the next six to 24 months. These assessments have now been completed at six operations of the Company (Sunrise Dam, Siguiri, Cuiabá, Tropicana, Serra Grande and Geita), where the relevant site leadership teams have taken full accountability for the delivery on these initiatives.






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Operational Excellence

Operational Excellence is the continued efforts to maximise value from our assets.

New Operating Model

Our new Operating Model, designed and introduced to employees towards the end of 2021, aims to improve efficiency and support better operating outcomes by focusing only on work required to deliver the strategy, clarifying the mandates of corporate functions, properly resourcing our revenue-generating assets to deliver on their plans, and removing duplicate structures and activities. The implementation of the new Operating Model was completed during 2022.



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AFRICA REGION
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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”.




Africa is currently home to five of our operations, with one – Kibali – managed by Barrick Gold Corporation. These operations, which contributed 60 percent or 1.6 million ounces to total annual group production in 2022, are in Ghana (Iduapriem and Obuasi), Guinea (Siguiri), Tanzania (Geita) and the DRC (Kibali).
Attributable gold production
(000oz)
Average number of  
employees  
Subsidiary operations
Ghana
Iduapriem248 2,186 
Obuasi250 4,403 
Guinea
Attr. Siguiri 85%279 4,052 
Tanzania
Geita521 6,435 
Joint venture operations
Democratic Republic of the Congo
Attr. Kibali 45%337 2,731 



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Africa Region - Key Statistics
Unit202220212020
Restated
Subsidiary operations
Tonnes treated/milledMt21.6 21.2 20.5 
Pay limitoz/t0.044 0.035 0.034 
g/t1.516 1.193 1.160 
Recovered gradeoz/t0.054 0.045 0.052 
g/t1.86 1.54 1.77 
Gold production (a) (attributable)
000oz1,298 1,054 1,239 
Cost of sales$m1,662 1,300 1,362 
Total cash costs per ounce (1)
$/oz1,023 991 841 
All-in sustaining costs per ounce(1)
$/oz1,291 1,264 1,002 
Capital expenditure$m486 434 383 
Safety
Number of fatalities012
TRIFRPer million hours worked0.33 0.61 0.55 
People
Average no of employees: Total17,076 14,806 14,496 
Permanent employees5,780 5,619 5,433 
Contractors11,296 9,187 9,063 

(a) Includes Obuasi gold production in 2020, capitalised as part of the project development.

Unit202220212020
Joint venture operations
Tonnes treated/milledMt3.5 3.5 3.4 
Pay limitoz/t0.054 0.048 0.048 
g/t1.850 1.652 1.640 
Recovered gradeoz/t0.087 0.095 0.096 
g/t2.98 3.25 3.29 
Gold production (attributable)000oz337 365 364 
Cost of sales$m342 350 340 
Total cash costs per ounce (1)
$/oz725 647 629 
All-in sustaining costs per ounce(1)
$/oz979 856 810 
Capital expenditure$m90 72 52 
People
Average no of employees: Total2,731 2,454 2,333 
Permanent employees957 860 824 
Contractors1,774 1,594 1,509 

(1)“Total cash costs per ounce” and “all-in sustaining costs per ounce” are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results—Non-GAAP analysis”.




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Performance summary

Production for the Africa region was up 15 percent for the year ended 31 December 2022 at 1.635 million ounces compared to 1.419 million ounces for the year ended 31 December 2021.

Safety performance improved – there were no occupational fatalities at any of the mines operated by the Company and costsa TRIFR of 0.33 per million hours worked was recorded (2021: 0.61 per million hours worked).


Regional community investment totalled $10.19 million (2021: $10.5 million).

With Obuasi having received its ISO 45001 (health and safety) certification, all our Africa operations are now certified in terms of ISO 45001, ISO 14001 (environmental management) and the International Cyanide Management Code.

We continued integration of the new Operating Model, the existing Operational Excellence programme, and the Full Asset Potential (FP) review programme launched during 2021.

In the second half of 2022, Geita was part of the FP review programme designed to enhance understanding of the relative potential of each asset and includes developing a plan and implementation schedule to achieve the targeted performance over the next six to 24 months.

Siguiri was the first of the African operations to be involved in the FP review programme with the leadership team focusing on increasing the volume of high-grade oxide ore from Block 2. This increase was successful and is reflected in the year-on-year increase in production. We are starting to see the benefits of the FP review programme at Siguiri and a second contractor was hired to deliver higher volumes of higher-grade oxide ore from Block 2.

For more information regarding production performance in the Africa region, refer to “Item 5A: Operating Results—Key factors affecting results—Production in 2022”.

For more information regarding operating performance in the Africa region, refer to “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021”

For more information regarding capital expenditure in the Africa region, refer to “Item 5A: Operating Results—Comparison of capital expenditure in 2022, 2021 and 2020—Comparison of capital expenditure in 2022 with 2021”

Obuasi update
Phase 3 of the Obuasi redevelopment project, which relates principally to capital expenditure to refurbish existing infrastructure around the KMS Shaft, as well as to service the mine in deeper production areas, continues to progress.

In 2022, the project achieved the following milestones: hoisting via the KMS rock shaft in November 2022; pumping to drop the water level below 50 level; commissioning of the material handling system from 44 level to surface; completing the new ventilation shaft pilot hole and progressing the KMS shaft down to 44 level.

The AustraliaObuasi mine continues on the ramp-up path to its full production run-rate in excess of 400,000 ounces.






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THE AMERICAS
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The Americas hosts three of our operations – one in Argentina and two in Brazil – as well as greenfields projects in Colombia and a significant new greenfields development in Nevada in the United States.
Attributable gold production
(000oz)
Average number of  
employees  
Operations
  1.     Argentina
Cerro Vanguardia (Attr. 92.5%)170 1,819 
  2.    Brazil
AGA Mineração311 5,702 
Serra Grande88 1,977 




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Americas - Key Statistics
Unit202220212020
Operation
Tonnes treated/milledMt7.1 7.8 7.5 
Pay limitoz/t0.10 0.10 0.07 
g/t3.52 3.49 2.46 
Recovered gradeoz/t0.070 0.066 0.081 
g/t2.40 2.27 2.77 
Gold production (attributable)000oz569 559 649 
Silver production (attributable)Moz3.2 3.4 3.3 
Cost of sales$m913 822 764 
Total cash costs per ounce (1)
$/oz1,078 921 721 
All-in sustaining costs per ounce (1)
$/oz1,718 1,587 1,003 
Capital expenditure (2)
$m339 398 216 
Safety
Number of fatalities010
TRIFRPer million hours worked2.33 3.55 3.68 
People
Average no of employees: Total9,498 9,972 8,789 
Permanent employees6,093 6,452 6,158 
Contractors3,405 3,520 2,631 

(1)“Total cash costs per ounce” and “all-in sustaining costs per ounce” 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 Projects.

Performance summary

Production for the Americas region produced 614,000oz in 2019was up two percent for the year ended 31 December 2022 at 569,000 ounces compared to 625,000oz 2018. The 2% drop in year-on-year production was largely559,000 ounces for the result of lower underground mined volumesyear ended 31 December 2021.

Safety – no occupational fatalities and grades at Sunrise Dam. Sunrise Dam experienced operational challengesthe TRIFR improved to 2.33 per million hours worked (2021: 3.55 per million hours worked).

Community investment amounted to $6.4 million (2021: $5.8 million).

All operations in the middleAmericas maintained their certification in terms of International Cyanide Management Code, ISO 45000 (health and safety) and ISO 14001 (environmental management).

During the second half of 2022, Cuiabá and Serra Grande completed assessments to identify performance improvement initiatives as part of the yearFP review programme. The FP programme initiatives implemented at Cuiabá have seen ore tonnes consistently above full potential target. At Serra Grande, the FP team identified several enhancement opportunities and it is following implementation plans with limited stope flexibilitytimelines for delivery.

In December 2022, the company suspended filtered tailings deposition on the Calcinados TSF and paste fill delays,processing of gold concentrate at the Queiroz plant (both of which resultedservice the Cuiabá mine complex). For further information, refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil” and “Item 3D: Risk Factors—Compliance with tailings management requirements and standards, and potential liabilities in lower underground volumesthe event of a failure to timely comply with these requirements or an incident involving a tailings storage facility, could adversely impact AngloGold Ashanti's financial condition, results of operations and grades. However,reputation”.

For more information regarding production performance in the Americas region, refer to “Item 5A: Operating Results—Key factors affecting results—Production in 2022”.

For more information regarding operating performance in the Americas region, refer to “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021”.

For more information regarding capital expenditure in the Americas region, refer to “Item 5A: Operating Results—Comparison of capital expenditure in 2022, 2021 and 2020—Comparison of capital expenditure in 2022 with 2021”.

Nevada strategy




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In Nevada, during 2022, AngloGold Ashanti’s project team integrated the Corvus Gold assets and project data into the AngloGold Ashanti evaluation framework. The Company completed planning for feasibility study work at North Bullfrog and also commenced a pre-feasibility study at Silicon along with further drilling at the Merlin deposit. Following the acquisition of Coeur Sterling’s mining flexibility improvedproperties in the fourth quarter of 2019 as larger stopes came online, resulting2022, AngloGold Ashanti’s project team commenced integrating these assets into the broader evaluation studies.













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AUSTRALIA
au-20221231_g4.jpg
Attributable gold production
(000oz)
Average number of  
employees  
Operations
Australia
1.   Sunrise Dam232 725 
2.   Tropicana 70%306 807 
The two AngloGold Ashanti operations 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 ReserveAustralia are Sunrise Dam and support developmentTropicana, both of additional mining areaswhich are in the long term. Critical for success atnorth-eastern goldfields in the state of Western Australia. Sunrise Dam is increasing flexibility to ensure consistently high underground tonnages are available to displace lower-grade surface stockpiles. Strategic drill platformswholly owned. We have been established to facilitate systematic explorationa 70 percent holding in, and manage, Tropicana. Regis Resources Ltd, our partner in Tropicana, holds the balance. Sunrise Dam includes the Butcher Well project (70 percent).




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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.Australia - Key Statistics
Unit202220212020
Operation
Tonnes treated/milledMt10.7 10.5 10.2 
Pay limitoz/t0.05 0.06 0.06 
g/t1.69 1.89 1.95 
Recovered gradeoz/t0.050 0.047 0.054 
g/t1.56 1.47 1.68 
Gold production (attributable)000oz538 494 554 
Cost of sales$m783 740 705 
Total cash costs per ounce (1)
$/oz1,157 1,196 968 
All-in sustaining costs per ounce(1)
$/oz1,345 1,500 1,225 
Capital expenditure$m202 185 142 
Safety
Number of fatalities000
TRIFRPer million hours worked3.82 6.59 3.74 
People
Average no of employees: Total1,532 1,332 1,230 
Permanent employees314 288 259 
Contractors 1,218 1,044 971 


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(1)“Total cash costs per ounce” and a 5% drop in AISC compared to 2018. Tropicana’s total cash“all-in sustaining 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.per ounce” are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results—Non-GAAP analysis”.


Capital expenditurePerformance summary


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 ReserveProduction for the Australia region was 3.2up nine percent for the year ended 31 December 2022 at 538,000 ounces compared to 494,000 ounces for the year ended 31 December 2021.

Safety performance improved – there were no occupational fatalities and a TRIFR of 3.82 per million ounces (2018: 3.8hours worked was recorded (2021: 6.59 per million ounces)hours worked). This is approximately seven percent

Regional community investment amounted to $0.99 million (2021: $1.01 million).

Sunrise Dam and Tropicana are certified under the Cyanide Code, ISO 45000 (health and safety) and ISO 14001 (environmental management).

The first site to complete an assessment as part of the group’s total Ore Reserve.

Growth and improvement

AtFP review programme was Sunrise Dam, where the biggest opportunity is to increase productivity in development and achieve a step-change in underground exploration programme initiatedproduction. The proposed improvements include an underground workshop to lift jumbo utilisation and improvements to planning and scheduling which, together are expected to support an increase in underground volumes. During the second half of 2019 is expected2022, Tropicana also completed an assessment to take two years. The programme is designed to increase Mineral Resource confidence, growidentify performance improvement initiatives as part of the underground Ore Reserve and support development of additional mining areasFP review programme.

For more information regarding production performance in the long term. ByAustralia region, refer to “Item 5A: Operating Results—Key factors affecting results—Production in 2022”.

For more information regarding operating performance in the endAustralia region, refer to “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021”.

For more information regarding capital expenditure in the Australia region, refer to “Item 5A: Operating Results—Comparison of capital expenditure in 2022, 2021 and 2020—Comparison of capital expenditure in 2022 with 2021”.





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SOUTH AFRICA

au-20221231_g5.jpg

The sale of the year six underground diamond drill rigs wereSouth African assets to Harmony closed on 30 September 2020. As a result, the figures in operation testing various targets including the southern strike extensions of the Midway Shear Steeps (MSS) and Elle and areas this section relate
to the southnine months ended on 30 September 2020, unless the context indicates otherwise.

South Africa Key Statistics
Unit202220212020
Operation
Tonnes treated/milledMt0.4 
  Pay limit (1)
oz/t0.40 
g/t14.60 
  Recovered grade (1)
oz/t0.120 
g/t3.75 
Gold production000oz241 
Cost of sales$m287 
Total cash costs per ounce (2)
$/oz1,149 
All-in sustaining costs per ounce(2)
$/oz1,296 
Capital expenditure$m35 
Safety
Number of fatalities4
TRIFRPer million hours worked6.12 
People
Average no of employees: Total8,297 
Permanent employees7,012 
Contractors 1,285 
(1)Refers to underground operations only.
(2)“Total cash costs per ounce” and “all-in sustaining costs per ounce” are non-GAAP measures. For further information on these non-GAAP measures, see “Item 5A: Operating Results—Non-GAAP analysis”.



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Table of the current Vogue Indicated Resource. Surface diamond drilling will target southern extensions of Vogue.Contents


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 greenfields 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 objectivesprogrammes are met by:

Greenfields exploration which aimsdesigned to discover large, high-valuenew Mineral Resource whichthat will eventuallyultimately lead to the development of new, stand-alone gold mines;mines and
support the sustainability of our business.


BrownfieldsIn 2022, the Silicon and Merlin prospects in Nevada were handed over to our Beatty project team, following which the greenfields exploration which focuses team refocused its efforts on delivering value through accretive additionsthe discovery of the next significant project to add to the Ore Reserve at existing mines as well as new discoveries in defined areas around operations. BrownfieldsAngloGold Ashanti portfolio.

Greenfields 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, $622022, $29 million was spent on greenfields exploration. Our greenfields exploration and $95 million on brownfields exploration.

Greenfields exploration

5,500kmtenements cover over 9,500km2 of highly prospective ground was explored in twosix countries – Australia, Argentina, Brazil, Guinea, Tanzania, 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.States.


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.Americas

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, atfollowing the handover of 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 ofdiscovery to 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.

AlsoBeatty Project team in the United States,first quarter of 2022, the greenfields exploration function shifted its focus to seven, 100 percent-owned, earlier-stage greenfields projects located elsewhere in Minnesota, roto-sonic drilling wasthe Great Basin of Nevada. Work 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 onthese various projects included prospect mapping, surface sampling and ground geophysical surveys. Diamond drilling is planned for the Midnight Star and CR projects during 2023.


In Brazil,:At AGA Mineração, 1,330 stream sediments, 1,200 soil samples and 1,060 rock chip samples were collected. From the SBB terrane in the Iron Quadrangle, a totalstate of 263,345mMinas Gerais, four districts have been identified by stream sediment sampling. Infill sampling is in progress to define projects in these districts. At the WBC terrane, which is located in the state of Matto Grosso do Sul to the south-west of Minas Gerais, one project has been advanced and will be considered for drilling in 2023.

In Argentina, an option agreement was drilled.signed with Latin Metals for the Organullo project in Salta Province. Work completed since June 2022 included soil sampling, mapping, acquisition of various spectral data sets and community engagement. At Cuiabá, the underground100 percent-held El Cori project, four drilling programme focused on Fonte Grandetargets were identified from surface exploration.

Africa

In Guinea, we received six reconnaissance permits for the Shira district in the Siguiri Basin of Guinea. Community engagement work has started and Serrotinho (upright limb), Balancãofield exploration is scheduled for the first quarter of 2023.

In Tanzania, target generation activities continued.

Australia

In Australia, we carried out exploration work in the Laverton District 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 alsoQueensland, greenfields exploration took place at Cabeça de Pedra (hinge zone), which reported high gradesthe Chillagoe and indicated thatGeorgetown projects.

Brownfields exploration

In the orebody remains open.

DrillingBeatty District, brownfields exploration continued at Córrego do Sítio (CdS) testedNorth Bullfrog, and successfully defined and expanded the Rosalino open pit. At CdS I, underground drilling in LaranjeirasSilicon and Carvoaria confirmedMerlin targets. Elsewhere across our operations, exploration continued, on one hand to add confidence to the mine plans by upgrading the Mineral Resource and indicate good prospectivityon the other to search for high grades in Carvoaria. In the ‘Gold Quadrangle’ area of Candeias-Cristina, Mutuca, Cachorro Bravo and Pneu, drilling supportednew Mineral Resource additionswith a high likelihood for conversion to Mineral Reserve.

In 2022, our brownfields exploration teams across the globe completed 799km of capital and 358km of expensed drilling at a cost of $79 million and $67 million, respectively. The drilled metre achievement was ten percent below the 2022 budget of 1,281km with the gap closing each quarter after slow start ups at a few operations. Total expenditure of $146 million was 12 percent below budget.

Brownfields exploration activities resulting in the area.most notable economic intercepts, by operation, for 2022 are listed below by region.


At CdS II,Africa

Geita: The key area drilled was Geita Hill which is split into six blocks. The drilling was conducted from both surface and underground and was designed to upgrade the underground project and to prepare for mining. Other significant intercepts were drilled at Star and Comet underground at Cut 3 and Ridge 8, extending the potential of the underground complex at Star and Comet. Drilling at the Nyamulilima open pit expanded and further defined the mineralisation.
Obuasi: Drilling at Block 8, Block 10 and Sansu continued to define the limits of mineralisation and prepare these areas for mining. Late in the shallow north-east portion of São Bento confirmedyear drilling started at Cote D’Or examining the continuity of the mineralised structure in that direction.potential to open a second mining area.
Siguiri: 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:Limitedkey exploration activities were completed at Gramalote. RCKounkoun (Block 3) where infill and definition 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 sidescontinue as part of the intrusive, suggesting thatoverall assessment of Block 3 as a future mining area. Drilling to extend and define 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 asknown mineralisation 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 was conducted.
Kibali: Two notable drilling results defined low-grade mineralised zones.intercepts, at Mengu Hill and Oere, were recorded during the year.



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Americas

Cerro Vanguardia: Numerous veins were drilled and later in the year emphasis moved to the northwest of the property and onto the Condor ground.
AGA Mineração, CdS: Drilling initiatedof underground opportunities at both CdS I and II delivered significant intercepts at Sangue De Boi, Mutuca, Rosalino, Pinta Bem and Pneu.
AGA Mineração, Cuiabá: Drilling to extend the Roberts deposit confirmeddepth extents of Fonte Grande Sul below 21 level continued while at a shallower depth drilling to define the presence and potential of economicsatellite ore zones within and outside the optimised pit.bodies continued to deliver.

Guinea: At Siguiri, a total of 74,939mSerra Grande: One significant intercept, at Angicão, was drilled during the year.

Beatty: Definition and infill drilling continued at Silicon and Merlin in Nevada. Drilling at North Bullfrog started to deliver later in the year.
Kami
Australia

Sunrise Dam: The key areas delivering significant intercepts were at Frankie and Vogue as part of programmes designed to define and extend mineralisation in these areas. As is typical of the Sunrise Dam mineralisation, most drilling has shownprogrammes drilled significant intercepts which reflect the nuggety nature of the mineralisation.
Tropicana: Successful drilling was aimed at the three underground projects, namely, Boston Shaker, Havana and Tropicana.

While many of the significant economic intersections are for unmined underground opportunities, Nevada is delivering significant intersections that will most likely be excavated through open pit mining.

PROJECTS

Quebradona

Following the decision of Colombia’s national environmental agency (ANLA) in November 2021 to archive the Company’s environmental licence application for the Quebradona project, AngloGold Ashanti filed an appeal seeking to secure further details on the specific additional information required for ANLA to make a decision on AngloGold Ashanti’s licence submission. On 29 April 2022, ANLA dismissed the appeal and confirmed its decision to archive the Company’s application. AngloGold Ashanti continues to review and analyse the additional information identified as part of ANLA’s decision. The objective is to prepare, submit and process a new environmental licence request for Quebradona following completion of a new environmental impact assessment.

Gramalote

Following completion of the feasibility study on the Gramalote gold project, a joint operation with B2Gold, both partners have determined that the mineralisation extends into the fresh rockGramalote project does not meet their investment thresholds for development. The project continues to benefit from federal 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 yearlocal government support as well as auger drilling at Mile 8 and Mile 5W targets.continuing support from local communities.


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 flankhave completed a comprehensive review of the Cordillera Central, near the towns of Providenciaalternatives and San Jose del Nusconsider that it would be in the municipalitybest interest 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 2020all stakeholders for a new party 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 ofown the Gramalote project. The PEA updates and enhances previous studies onpartners appointed a corporate advisor in the Gramalote project in several areas.

B2Gold is currently completing approximately 42,500mfourth quarter of infill drilling at Gramalote Ridge2022 to convertassist with 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 Plansale process for the Gramalote project, have been fully approved by the National Authoritywhich is currently ongoing.





93

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.4C.    ORGANISATIONAL STRUCTURE

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 a joint venture operationsoperation in the DRC and Mali;DRC;
Australia operations in Australia; and
Americas operations in Argentina and Brazil, and exploration projects in the United States and Colombia.

The above four regions also correspond to AngloGold Ashanti’s four business segments. The South Africa region is recognised for financial statement purposes as discontinued operations as we sold our remaining South African producing assets and related liabilities in 2020. In addition, a new segment, Projects has been introduced from the implementation of the new Operating Model (previously reported under the America’s segment). The Projects segment comprises all the major non-sustaining capital projects with the potential to be developed into operating entities.


Day-to-day management of the groupGroup is entrusted to AngloGold Ashanti’s executive management team, chaired by the Chief Executive Officer. See “Item“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“Item 19: Exhibits to Form 20-F—Exhibit 19.8 Principal subsidiariesList of AngloGold Ashanti Limited subsidiaries” for details.

On 16 March 2023, AngloGold Ashanti and operating entities at 31 December 2019” for details.Gold Fields announced that they have agreed the key terms of a proposed joint venture in Ghana between Gold Fields' Tarkwa and AngloGold Ashanti's neighbouring Iduapriem Mines (the “Proposed Joint Venture”). There can be no certainty that the parties will enter into a definitive agreement with respect to the Proposed Joint Venture or about the timing, terms and conditions of any such definitive agreement. Implementation of the Proposed Joint Venture is subject to, among other matters, reaching agreement with the Government of Ghana regarding the Proposed Joint Venture, conclusion of confirmatory due diligence and securing all requisite regulatory approvals. For further information, refer to “Item 18: Financial Statements—Note 35—Subsequent Events”.

4D.PROPERTY, PLANTS AND EQUIPMENT


For more information about

94


4D.    PROPERTY, PLANTS AND EQUIPMENT

Locations of properties
au-20221231_g1.jpg
Notes:
(1) Gramalote is managed by B2Gold Corp ("B2Gold").
(2) AngloGold Ashanti acquired North Bullfrog and Mother Lode as part of the Corvus Gold Inc.("Corvus Gold") acquisition in January 2022.
(3) AngloGold Ashanti acquired Sterling (which includes the Crown Block deposits of SNA, Secret Pass and Daisy) through the Coeur Sterling, Inc. ("Coeur Sterling") acquisition in November 2022.
(4) Kibali is operated by Barrick Gold Corporation ("Barrick").


The locations of 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 unitproperties are used interchangeably.shown above. Percentages indicate the ownership interest held by AngloGold Ashanti. All operations are 100 percent ownedwholly-owned unless otherwise indicated.


Overview of mining properties and operations
The overview for each mining property is disclosed below and includes information on the following items:
Location of the properties;
For each material property, locality maps showing the location of such properties as well as infrastructure and licences;
Type and amount of ownership interests;
Identity of the operator or operators;
Titles, mineral rights, leases or options and acreage involved;
Stages of the properties (exploration, development or production);
Key permit conditions;
Mine types and mineralisation styles; and
Processing plants and other available facilities.



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Please refer to “Item 5A: Operating Results—Key factors affecting results—Production in 2022” for the aggregate annual production for each of the Company's mining properties during each of the fiscal years ended 31 December 2022, 2021 and 2020. For more information about AngloGold Ashanti’s mines, including a summary of the Company’s titles, mining rights, leases and licences with acreage, please refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine”.

In its annual report on Form 20-F for the fiscal year ended 31 December 2021, AngloGold Ashanti complied for the first time with the new mining property disclosure requirements for mining registrants set forth in Subpart 1300 of Regulation S-K (17 CFR § 229.1300) (“Regulation S-K 1300”) and reported on, and filed Technical Report Summaries for, all of its mining properties. During 2022, AngloGold Ashanti developed a process to determine which properties are material to its business or financial condition for purposes of the individual property disclosure requirements of Item 1304 of Regulation S-K (17 CFR § 229.1304). The key considerations taken into account by AngloGold Ashanti in its materiality assessment include (i) certain quantitative factors such as contribution to the Mineral Resource and Mineral Reserve, actual and planned production and Net Present Value, as well as (ii) certain qualitative factors, which are assessed in the context of the Company’s overall business and financial condition. The materiality assessment covers all of the Company’s mining properties (regardless of the stage of the mining property) and all of its mining and related activities from exploration through extraction, and will be reviewed by the Company on an annual basis. Based on these considerations, AngloGold Ashanti has determined that its material properties for purposes of Regulation S-K 1300 are Geita, Kibali and Obuasi. With respect to Geita, an updated Technical Report Summary (effective date: 31 December 2022) has been prepared by the relevant Qualified Persons, and is filed as Exhibit 19.15.4 hereto. With respect to Kibali and Obuasi, AngloGold Ashanti has determined that (i) there are no material changes to the Mineral Reserve or Mineral Resource reported in the Technical Report Summaries for these properties (effective date: 31 December 2021) which were filed as exhibits to AngloGold Ashanti’s annual report on Form 20-F for the fiscal year ended 31 December 2021, and (ii) all material assumptions and information pertaining to the disclosure of the Mineral Resource and Mineral Reserve for Kibali and Obuasi remain current in all material respects as of 31 December 2022, based on all facts and circumstances, both quantitative and qualitative. As a result, the Technical Report Summaries for Kibali and Obuasi (effective date: 31 December 2021), which were initially filed as exhibits to AngloGold Ashanti’s annual report on Form 20-F for the fiscal year ended 31 December 2021, are filed as Exhibits 19.15.7 and 19.15.5, respectively, hereto.

AngloGold Ashanti’s operating mines are all accessible by road.road, although for some, personnel access is better achieved by air.


CONTINENTAL AFRICAAngloGold Ashanti’s exploration programmes are based on consistent standards and processes across its portfolio and are guided by peer review. Part of AngloGold Ashanti's investment strategy is focused on exploration drilling and Mineral Reserve development to grow the Mineral Resource and by converting these, the Company allows for expansion of the Mineral Reserve. The process involves identifying the best group of drill targets and prioritising those that have the highest potential for success to be advanced first. Greenfields exploration aims to discover large, high-value Mineral Resource, which will eventually lead to the development of new gold mines. Brownfields exploration focuses on delivering value through accretive additions to the Mineral Reserve at existing mines as well as new discoveries in defined areas around operations.


This annual report on Form 20-F is not being submitted in support of the disclosure of exploration results and therefore no disclosure of drilling or sample results is provided. AngloGold Ashanti has elected not to provide drilling results for its operating mines as drilling at its brownfields operations is generally intended to provide incremental additions, or conversions to already reported Mineral Resource and therefore they are not seen as material. While drilling at the Company’s brownfields operations increases confidence in its Mineral Resource as well as adds LOM extensions, the incremental additions that occur on a yearly basis are not material to that operation or the Company as a whole. In cases where the drilling projects are supporting a non-sustaining addition, these projects are commented on. In the Company’s major greenfields projects, if any single drill result is considered material and may change the reported Mineral Resource significantly then it is reported. Refer to “Item 4B: Business Overview—Exploration review”.





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AFRICA
AngloGold Ashanti has sevenfive mining operations within the Continental Africa region. region:
Kibali Gold Mine in the Democratic Republic of the Congo ("DRC"), a joint venture (“JV”) between AngloGold Ashanti (45%), Barrick Gold Corporation (“Barrick”) (following its merger with Randgold Resources Limited (“Randgold”)) (45%), and Société Minière de Kilo-Moto S.A. (“SOKIMO”), a state-owned gold mining company (10%);
Iduapriem Gold Mine ("Iduapriem") and Obuasi Gold Mine ("Obuasi") in Ghana;
Siguiri Gold Mine (“Siguiri”) in Guinea, co-owned by AngloGold Ashanti (85%) and the government of Guinea (15%); and
Geita Gold Mine ("GGM" or "Geita") in Tanzania.

Mining is from both open pit and underground, with Obuasi being an underground mine, in a redevelopment phase, Iduapriem Siguiri, Morila and SadiolaSiguiri being open pit mines, and Kibali and Geita being a combination of open pit and underground mines.


DEMOCRATIC REPUBLIC OF THE CONGO (DRC)DRC
Description
KIBALI
For additional information, please refer to the Technical Report Summary for Kibali (effective date: 31 December 2021) filed as Exhibit 19.15.7 hereto.

Property description
Kibali is a joint venture co-owned by AngloGold Ashanti (45%), Barrick (45%), and SOKIMO (10%). SOKIMO is wholly-owned by the DRC government. The consolidated lease is made up of ten exploitation permits. The metallurgical plant comprises a twin-circuit sulphide and oxide plant with conventional carbon-in-leach ("CIL"), including gravity recovery as well as a float and ultra-fine grind circuit. Barrick operates the mine, which comprises both open pit and underground operations.

Kibali Gold Mine,is a gold mining, processing and exploration project. Operations currently focus on open pit and underground mining. The mine was originally developed and operated by Randgold. Following the completion of the merger of Randgold and Barrick in 2019, Barrick became the operator at Kibali for both exploration and mining. Kibali is currently a production stage property.

Location
Kibali is located in the north-easternnortheastern 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.Sudan. The mine is located adjacent to the village of Doko, which is located into the west of the projectlease area. Kibali is approximately 210 kilometres210km 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 UéHaut-Uélé province.

Mineralisation style
Gold deposits of the Kibali district are classified as Archaean orogenic gold deposits. At Kibali, the gold deposits are largely hosted in siliciclastic rocks, banded iron formations (“BIFs”) and chert that were deformed, altered and transposed during several events. This occurred at or near greenschist metamorphic conditions. Ore-forming H2O-CO2-rich fluids migrated along a linked network of gently northeast-dipping shears and north-northeast plunging fold axes that are commonly referred to as the KZ Trend. The auriferous KZ Trend is a complexly deformed fault system specifically developed along the boundary between the younger sedimentary basin in the west of the belt that juxtaposes the older rocks to the east. Mineralisation occurred during the later stages of subsequent regional deformation which resulted in inversion of the basin and the development of reverse faults and folds. Ongoing deformation during hydrothermal activity resulted in the development of lodes in a variety of related structural settings within the KZ Trend.

History
On 15 October 2009, AngloGold Ashanti acquired a 50 percent indirect interest in Moto Goldmines Limited through a JV with Randgold, with Moto holding a 70 percent stake in Kibali and the DRC parastatal SOKIMO holding the remaining 30 percent stake. On 21 December 2009, Randgold and AngloGold Ashanti increased their JV interest in Kibali to 90 percent, while SOKIMO retained a 10 percent holding. On 2 January 2019, Randgold merged with Barrick, and the JV is now held by the combined company, trading as Barrick.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Democratic Republic of the Congo (DRC)—AngloGold Ashanti’s rights and permits”.




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Mining method
The operation comprises both open pit and underground mining. FirstOpen pit mining is carried out using conventional drill, blast, load and haul surface mining methods. From 2022 onwards, open pit production will come from the Sessenge, Aerodrome, Pamao, Gorumbwa, Megi-Marakeke-Sayi, Kalimva-Ikamva, Oere, Pakaka, and Karagba, Chauffeur and Durba (“KCD”) deposits. Open pit mining is conducted by contractor Kibali Mining Services, a local subsidiary of DTP Terrassement, using either free-dig or conventional drill, blast, load and haul methods.

For the underground operation, longitudinal and transverse longitudinal stoping methods with paste backfill are the nominated mining methods. The Kibali KCD underground mine is designed to extract the KCD deposit directly beneath the KCD open pit. A 50m crown pillar separates the pit bottom from the top of the underground mine. The first gold was poured in September 2013 from the open pit operations. Developmentoperations and development of the underground mine commenced in 2013. The first underground development ore was mined in 2013 and stopingthe same year. Stoping commenced in 2015.Initial2015 and ore production has ramped up to 3.8Mt in 2022. Initial production was viatruck hauled by a twin decline fromto surface. In 2017, the haulage shaft (740m deep) and materials handling system was commissioned. From 2018 onwards, the majority ofunderground ore washas predominantly been hoisted up the shaft. The decline to surface iswill continue to be used to haul some of the shallower zones and to supplement shaft haulage.

Processing plants and other available facilities
Infrastructure in the DRC is generally poor as a result of limited investment in maintenance, upgrades and extensions of the road networks established during colonial times. The mine site is located within 160km of the border with Uganda and all transport links take place through Uganda to Kenya or Tanzania. Access by air to Kibali involves a commercial flight to Entebbe in Uganda followed by a charter flight to Doko airport, situated on the mine property. The Doko airstrip was upgraded by Kibali and is equipped with runway lights and precision approach path indicator lights. For the number of persons employed at the mine, refer to “Item 4B: Business Overview—Operating Performance—Africa Region”.

Kibali is a large-scale gold mining operation, with a number of sources of ore, that has been in operation since 2013. The physical condition of the equipment, facilities, and infrastructure at Kibali is in good working order, with the mine investing heavily in maintaining and upgrading its assets to ensure that they remain reliable and efficient. Surface infrastructure associated with the overall Kibali operation includes a processing plant, tailings storage facility ("TSF"), camp, airstrip, underground shaft, workshops and offices. Power to the mine is self-generated by a combination of hydroelectric and diesel generators. The underground mine has both a ramp and shaft system,also been extensively developed, with the construction of both shaft reachingand portal and strategically placed development drives that access and further explore the gold-bearing ore.

The “Property, Plant, and Equipment” as of 31 December 2022, including lease assets, buildings and mine infrastructure, mining assets, mineral rights and dumps, decommissioning assets, capitalised exploration costs and deferred stripping, had a depthcarrying value of 740 metres. Kibali has a$983 million (reported as attributable; 45% owned by AngloGold Ashanti).

Mineral 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 foruses flotation andwith ultra-fine grind of the flotation concentrate, a treatment that is required for the sulphide ore type before leaching. PowerKibali has a processing operation capable of producing an average of 730kozpa of gold for 10 years treating at least 7.2Mtpa throughput. The ore is blended using both KCD underground ore plus ore sourced from satellite open pits at Kibali.

Mineral Resource
Refer to the mine is self generated bybelow table, prepared in accordance with Table 1 to Paragraph (D)(1) of Item 1304 of Regulation S-K, which summarises the gold Mineral Resource (exclusive of Mineral Reserve) for Kibali at the end of the fiscal year ended 31 December 2022, based on a combinationgold price estimate of hydroelectric$1,700/oz. Refer to “—Material Assumptions for the Mineral Resource—Key Parameters (Open Pit and diesel generators.Underground)” for additional information on cut-off grades and metallurgical recovery.


Mineral ResourceCategoryTonnesGradeContained Gold
as at 31 December 2022milliong/ttonnesMoz
Kibali (45 percent)Measured7.22 3.18 22.97 0.74 
Indicated22.15 2.64 58.44 1.88 
Measured & Indicated29.37 2.77 81.41 2.62 
Inferred13.16 2.61 34.43 1.11 
Notes:
Rounding of numbers may result in computational discrepancies in the Mineral Resource tabulations. The Mineral Resource and Ore Reserve are coveredestimates with respect to our material properties have been prepared by exploitation permits (11447, 11467, 11468, 11469, 11470, 11471, 11472, 5052, 5073 and 5088) totalling 1,836km2the Qualified Persons (employed by AngloGold Ashanti unless stated otherwise). The Kibali Gold Mine was grantednet difference between the 10 exploitation permits underMineral Resource at 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 majorityend of the currently definedlast completed fiscal year and the preceding fiscal year is detailed in the table below. To



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reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals. All ounces are Troy ounces. “Moz” refers to million ounces.
1.All disclosure of Mineral Resource is exclusive of Mineral Reserve. The Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”) is defined as the inclusive Mineral Resource less the Mineral Reserve before dilution and Ore Reserve,other factors are applied.
2.Mineral Resource attributable to AngloGold Ashanti’s percentage interest shown.
3.“Tonnes” refers to a metric tonne which is equivalent to 1,000 kilograms.
4.Operated by Barrick. AngloGold Ashanti has recognised that in preparing this annual report, the Qualified Persons have relied on information provided by Barrick. Based on a gold price of $1,700/oz.
5.Property currently in a production stage.
6.Refer to “—Material Assumptions for the Mineral Resource—Key Parameters (Open Pit and Underground)” for additional information on cut-off grades and metallurgical recovery.


Year on year changes in Mineral Resource - Moz
as at 31 December 2022Kibali
CategoryMeasuredIndicatedMeasured and Indicated totalInferred
Previous Year0.78 1.76 2.54 0.89 
Depletion(0.01)— (0.01)— 
Exploration0.01 — 0.01 0.10 
Methodology— — — — 
Price0.03 0.16 0.19 0.13 
Cost(0.01)(0.02)(0.03)(0.02)
Geotechnical(0.07)(0.02)(0.09)— 
Metallurgical— 0.01 0.01 0.01 
Acquisition / Disposal— — — — 
Other— — — — 
Current Year0.74 1.88 2.62 1.11 
Net Difference(0.04)0.12 0.08 0.22 
% Difference(5)24 
Notes:
All figures are expressed on an attributable basis unless otherwise indicated. AngloGold Ashanti has recognised that in preparing this annual report, the Qualified Persons have relied on information provided by Barrick.

Changes were driven both by exploration and an increase in the Mineral Resource gold price from $1,500/oz as at 31 December 2021 to $1,700/oz as at 31 December 2022, with gains seen from the open pits, specifically Ikamva, Oere and Gorumbwa, as well as from continued definition of the 11000 lode in the KCD underground. A maiden underground Inferred Mineral Resource at Gorumbwa was also reported.

Material Assumptions for the Mineral Resource

Key Parameters (Open Pit and Underground)
KibaliUnitOpen Pit
Costs
Waste cost$/tonne mined
2.92-3.09(1)
Extra Ore Cost – Grade Control + Ore – Rehandle + Overhaul$/tonne mined1.27 
Grade Control cost$/tonne mined0.75 
Dilution%10
Ore Loss%3
Processing cost$/tonne milled
15.04-17.85(1)
G&A$/tonne milled8.47 
Other Parameters
Gold Royalties (4.7%)$/oz70.50 
Metallurgical Recovery Factor%MetRF
86.1-90.1(1)
Mineral Resource cut-off gradeg/t
0.6-0.7(1)



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KibaliUnitOpen Pit
Mineral Resource price$/oz
1,700 (2)
Notes:
AngloGold Ashanti has recognised that in preparing this annual report, the Qualified Persons have relied on information provided by Barrick.
(1) Vary according to rock type.
(2) AngloGold Ashanti has determined that there is no material change to the Mineral Resource reported in the 2021 Technical Report Summary
          for Kibali (effective date: 31 December 2021) filed as Exhibit 19.15.7 hereto if this updated gold price is used (instead of $1,500, the gold price
          used to estimate the Mineral Resource in 2021).

KibaliUnitUnderground
Costs
Mine Production$/tonne ore mined36.17 
Capital$/tonne ore mined3.97
G&A$/tonne ore milled8.47
Processing cost$/tonne ore milled17.85
Other Parameters
Gold Royalties (4.7%)$/oz70.50
Mining cut-off gradeg/t1.62
Mineral Resource price$/oz
1,700 (1)
Metallurgical Recovery Factor%MetRF90 
Notes:
AngloGold Ashanti has recognised that in preparing this report, the Qualified Persons have relied on information provided by Barrick.
(1) AngloGold Ashanti has determined that there is no material change to the Mineral Resource reported in the 2021 Technical Report Summary for
        Kibali (effective date: 31 December 2021) filed as Exhibit 19.15.7 hereto if this updated gold price is used (instead of $1,500, the gold price used
        to estimate the Mineral Resource in 2021).


Estimation
Mineral Resource estimation is undertaken by Barrick in-house technical experts or by approved external consultants. The results of both diamond drilling ("DD") and reverse circulation ("RC") drilling are used in the estimation process. 3D mineralised envelopes are established using grade and geology, and these are then statistically verified to confirm their validity for use in grade estimation. Appropriate domaining of homogeneous zones is conducted whereby high-grade central core areas are modelled separately from the lower-grade surrounding halos. Volumes are filled with block model cells and interpolated for density, rock type and grade – the latter using ordinary kriging.

Grade top cuts and restricted searches are applied to drill hole data to prevent the spread of high-grades during the estimation process. Drill hole spacing is used to guide the Mineral Resource classification. The open pit Mineral Resource is quoted within a limiting shell. The underground Mineral Resource is constrained by the application of optimised mineable Mineral Resource shapes, which applies reasonable mineability constraints including a minimum mining width, a reasonable distance from current or planned development, and a measure of assumed profitability at the related Mineral Resource cut-off grade.

Mineral Reserve
Refer to the below table, prepared in accordance with Table 2 to Paragraph (D)(1) of Item 1304 of Regulation S-K, which summarises the gold Mineral Reserve for Kibali at the end of the fiscal year ended 31 December 2022, based on a gold price estimate of $1,300/oz. Refer to “—Material Assumptions for the Mineral Reserve—Modifying factors and price estimates” for additional information on cut-off grades and metallurgical recovery.

Mineral ReserveCategoryTonnesGradeContained Gold
as at 31 December 2022milliong/ttonnesMoz
Kibali (45 percent)Proven14.49 3.47 50.33 1.62 
Probable29.17 3.15 91.86 2.95 
Total43.67 3.26 142.19 4.57 
Notes:
1.Rounding of numbers may result in computational discrepancies in the Mineral Reserve tabulations. The Mineral Reserve estimates with respect to our material properties have been prepared by the Qualified Persons (employed by AngloGold Ashanti unless stated otherwise). The net difference between the Mineral Reserve at the end of the last completed fiscal year and the preceding fiscal year is detailed in the table below. To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals. All ounces are Troy ounces. “Moz” refers to million ounces.
2.Mineral Reserve attributable to AngloGold Ashanti’s percentage interest shown.
3.“Tonnes” refers to a metric tonne which is equivalent to 1,000 kilograms.



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4.Operated by Barrick. AngloGold Ashanti has recognised that in preparing this annual report, the Qualified Persons have relied on information provided by Barrick. Open Pits and underground were based on a gold price of $1,300/oz, with the exception of the Pamoa Main pit (based on a gold price of $1,400/oz) and the Pamoa South pit (based on a gold price of $1,500/oz).
5.Property currently in a production stage.
6.Refer to “—Material Assumptions for the Mineral Reserve—Modifying factors and price estimates” for additional information on cut-off grades and metallurgical recovery.

Year on year changes in Mineral Reserve - Moz
as at 31 December 2022Kibali
CategoryProvenProbableTotal
Previous Year1.74 2.59 4.33 
Depletion(0.28)(0.12)(0.40)
Exploration0.11 0.42 0.53 
Methodology— — — 
Price0.03 0.12 0.15 
Cost(0.01)(0.03)(0.04)
Geotechnical— — — 
Metallurgical— — — 
Operational0.03 — 0.03 
Other— (0.03)(0.03)
Acquisition / Disposal— — — 
Current Year1.62 2.95 4.57 
Net Difference(0.12)0.36 0.24 
% Difference(7)14 
Notes:
All figures are expressed on an attributable basis unless otherwise indicated. AngloGold Ashanti has recognised that in preparing this annual report, the Qualified Persons have relied on information provided by Barrick.

The increase in Mineral Reserve was primarily as a result of the conversion of the 11000 lode in the KCD underground, and growth in the Ikamva and Oere pits due to exploration successes. The gold price used for pit optimisation changed from $1,200/oz as at 31 December 2021 to $1,300/oz as at 31 December 2022 which also contributed to the increase seen.

Material Assumptions for the Mineral Reserve

Modifying factors and price estimates
as at 31 December 2022Kibali
Primary Commodity Price$/oz
1,300(1)(6)
Cut-off gradeg/t
1.50(3)(5); 1.96(4)
Stoping widthcm
2990(4)
Dilution%
2.0-12.5(4); 10(5)
Mining Recovery FactorMRF based on tonnes (%)
91.6(4); 97(5)
Mine Call FactorMCF (%)97
Metallurgical Recovery FactorMetRF (%)
89-90(2)
Notes:
AngloGold Ashanti has recognised that in preparing this annual report, the Qualified Persons have, relied on information provided by Barrick.
(1) AngloGold Ashanti has determined that there is no material change to the Mineral Reserve reported in the 2021 Technical Report Summary for
           Kibali (effective date: 31 December 2021) filed as Exhibit 19.15.7 hereto if this updated gold price is used (instead of $1,200, the gold price
           used to estimate the Mineral Reserve in 2021).
(2) Vary according to rock type. (3) Stockpile.
(4) Underground.
(5) Open pit.
(6) Open Pits and underground were based on a gold price of $1,300/oz, with the exception of the Pamoa Main pit (based on a gold price
           of $1,400/oz) and the Pamoa South pit (based on a gold price of $1,500/oz).
Estimation
The open pit Mineral Reserve shell optimisations were run on the Mineral Resource models. The process incorporated the mining layout, operating factors, stripping ratio, relevant cut-off grades and modifying factors for



101


reporting the Mineral Reserve. An open pit underground interface was set at 5,685 metres relative level (“mRL") between the KCD open pit and underground mine.

A cut-off grade analysis of $1,300/oz was used to determine a cut-off grade of 1.96g/t for the underground mine. Longitudinal and transverse longhole open stoping methods with paste backfill are the current preferred mining operations. KCDmethods. Underground stope designs were updated from the previously reported Mineral Reserve using the latest Mineral Resource models. Modifying factors for planned and unplanned rock dilution, backfill dilution and ore loss were applied to obtain the reported Mineral Reserve.

Metallurgical, environmental, social, legal, marketing and economic factors were adequately considered in the Kibali feasibility study and have been updated as the project has developed.

Map showing Kibali planned infrastructure and licences
Below is hosted within a mineralised corridormap that also hostsshows Kibali infrastructure and licences, with the Sessenge, Gorumbwa and Pakaka deposits and a number of exploration prospects.

total mining lease area insert shown in the top right corner. The known depositscoordinates of the Kibali project are hosted along a reactivated thrust plane that creates plunging lodes of mineralisationmine, as exemplifiedrepresented by the KCD deposit. The majority of gold mineralisation identified to date is disseminated style, hosted within a sequence of coarse volcaniclasticplant, are depicted on the map and sedimentary rocks. The mineralisation is generally stratigraphically bound and associated with carbonate-silica-albite alteration with minor sulphide.are in the geographic coordinate system.





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au-20221231_g6.jpg

GHANA
Description
AngloGold Ashanti has two mines in Ghana:Ghana. Obuasi currently in a redevelopment phase,and Iduapriem are both wholly-owned and operated by AngloGold Ashanti.

Obuasi is an underground mine andoperating at depths of up to 1,500m with a continuous history of mining dating back to the 1890s. Iduapriem is an open pit mine.






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Obuasi is located in the Ashanti region of southern Ghana, – Iduapriemapproximately 60km south of Kumasi. Mining was temporarily suspended at the end of 2014 while a series of economic studies progressed. Obuasi underground development restarted in the first half of 2019, with the first gold produced in December 2019. The ramp-up of the redevelopment project was delayed by the temporary stoppage of underground activities after a fall of ground incident in May 2021. Production remained suspended for several months to allow for reviews and investigations, but slowly resumed in the latter part of 2021.

Description
Iduapriem wholly ownedis located in western Ghana, some 85km from the coast and south of Obuasi, near the town of Tarkwa.

OBUASI
For additional information, refer to the Technical Report Summary for Obuasi (effective date: 31 December 2021) filed as Exhibit 19.15.5 hereto.

Property description
Obuasi is wholly-owned by AngloGold Ashanti and is a production stage property. All required mineral rights to the property are held by the Company. The mine is an underground operation, and it has been in operation since 1897 (more than 120 years). It has been operated by AngloGold Ashanti since 2004.

Location
The mine is in the municipality of Obuasi, in the Ashanti region of Ghana, about 240km northwest of the capital, Accra, and 60km south of Kumasi.

Mineralisation style
Geologically, Obuasi is in the Ashanti belt on the eastern margin of the Pre-Cambrian West African craton. This craton consists of Lower Proterozoic volcanic and flysch sediments which make up the Birimian system, overlain in part by the molasse sediments of the Middle Proterozoic Tarkwaian. The Ashanti belt is the most prominent of the five Birimian Supergroup gold belts found in Ghana.

Gold mineralisation is associated with shear zones and pervasive silica, carbonate and sulphide hydrothermal alteration which occur in tightly folded Lower Birimian schists, phyllites, meta-greywackes, and tuffs, along the eastern limb of the Kumasi anticlinorium. They are found near the contact with harder metamorphosed and metasomatically altered intermediate to basic upper Birimian volcanics. There are two broad styles of gold mineralisation including free milling quartz vein gold and sulphide-rich, disseminated and refractory gold which form alteration haloes around the quartz vein lodes. Sulphide mineralisation is dominated by arsenopyrite and quartz mineralisation, which is associated with spatially variable, but exceptionally high-grade visible gold in quartz veins.

History
Obuasi has a long mining history dating back to 1897. It has been owned and operated by various operators during this time. The current operator became involved in 2004 following the merger of former AngloGold Limited of South Africa and the Ashanti Goldfields Company Limited of Ghana. However, for several years leading up to 2014, the mine began to struggle due to ailing infrastructure and outdated methodologies. The company realised that significant rationalisation and/or replacement of current infrastructure would be necessary to enable the delivery of better utilisation and productivity metrics.

In 2014, a feasibility study commenced that considered the optimum mining methodology and schedules for the underground mine, based on modern mechanised mining methods and refurbishment of underground, surface and process plant infrastructure. During this time, Obuasi operated in a limited operating phase with underground activities essentially restricted to the continued development of the Obuasi deeps decline and underground infill drilling. The limited operating phase was brought to a halt after an incursion by illegal miners on Obuasi's concession in February 2016, at which point the mine was placed under care and maintenance. However, the study continued and in 2017, a favourable feasibility study was completed and indicated a strong technical and economic case with an anticipated 20-year life of mine ("LOM"). In 2018, approval was received from the AngloGold Ashanti board and the government of Ghana to proceed with the project.

The redevelopment project began in late 2018 and first gold was poured during the fourth quarter of 2019. Phase 1 of the redevelopment project was completed by the end of September 2007,2020, and the mine began commercial production on 1 October 2020. Phase 2 of the redevelopment project, which focused on construction and mine development, was completed in 2021. Phase 3 of the redevelopment project is situatedcurrently underway to develop the infrastructure necessary to support the planned ramp-up in production.




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Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Ghana—AngloGold Ashanti’s rights and permits”.

Mining method
Obuasi is an underground operation, utilising both vertical shafts and declines as main access routes to the underground workings. The mine has seen extensive historical mining activities with varying applications of different mining methods to date. The current LOM design employs mostly the Long Hole Open Stoping ("LHOS") mining method for ore extraction. LHOS is a highly selective and productive method of mining that can be employed for orebodies of varying thicknesses and dips. The main distinct variations of the LHOS used at Obuasi are longitudinal retreat stoping (“LRS”), and transverse open stoping (“TOS”). The blind upper stoping is a form of LRS or TOS used for partial sill pillar recovery.

Processing plants and other available facilities
All significant surface activities, including ore processing, environmental management and community engagement are carried out by Obuasi staff. Existing infrastructure includes a recently refurbished and upgraded 2.2Mtpa processing plant with flotation and bacterial oxidation ("BIOX"), extensive underground development, hoisting shafts and associated infrastructure, mine ventilation and refrigeration facilities, emergency standby power and water reticulation, office complexes, workshops, and company housing estates. Power is supplied to the mine by the Volta River Authority and Ghana Grid Company Limited (“GRIDCo”). There is a focus mine development plan supported by the existing infrastructure, and ongoing upgrades of critical underground infrastructure to sustain the operations. The mine can be accessed by paved road network from Kumasi and by road or chartered air transport from the capital, Accra. For the number of persons employed at the mine, refer to “Item 4B: Business Overview—Operating Performance—Africa Region”.

The “Property, Plant, and Equipment” as of 31 December 2022, including buildings and mine infrastructure, mining assets, decommissioning assets and assets under construction, had a carrying value of $1,009 million.

Mineral processing
The plant is configured for both conventional and flash flotation and BIOX treatment which is required for the refractory sulphide ore. The gravity gold recovery system is also integrated with Knelson concentrators and inline leach reactors.

Mineral Resource
Refer to the below table, prepared in accordance with Table 1 to Paragraph (D)(1) of Item 1304 of Regulation S-K, which summarises the gold Mineral Resource (exclusive of Mineral Reserve) for Obuasi at the end of the fiscal year ended 31 December 2022, based on a gold price estimate of $1,750/oz for underground and $1,600 for open pit Mineral Resource. Refer to “—Material Assumptions for the Mineral Resource—Key Parameters” for additional information on cut-off grades and metallurgical recovery.

Mineral ResourceCategoryTonnesGradeContained Gold
as at 31 December 2022milliong/ttonnesMoz
ObuasiMeasured1.96 8.44 16.59 0.53 
Indicated27.66 6.06 167.59 5.39 
Measured & Indicated29.63 6.22 184.18 5.92 
Inferred39.80 8.50 338.17 10.87 
Notes:
Rounding of numbers may result in computational discrepancies in the Mineral Resource tabulations. The Mineral Resource estimates with respect to our material properties have been prepared by the Qualified Persons (employed by AngloGold Ashanti unless stated otherwise). The net difference between the Mineral Resource at the end of the last completed fiscal year and the preceding fiscal year is detailed in the table below. To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals. All ounces are Troy ounces. “Moz” refers to million ounces.
1.All disclosure of Mineral Resource is exclusive of Mineral Reserve. The Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”) is defined as the inclusive Mineral Resource less the Mineral Reserve before dilution and other factors are applied.
2.“Tonnes” refers to a metric tonne which is equivalent to 1,000 kilograms.
3.Property currently in a production stage.
4.Refer to “—Material Assumptions for the Mineral Resource—Key Parameters” for additional information on cut-off grades and metallurgical recovery.
5.Open pit based on a gold price of $1,600/oz, underground based on a gold price of $1,750/oz.







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Year on year changes in Mineral Resource - Moz
as at 31 December 2022Obuasi
CategoryMeasuredIndicatedMeasured and Indicated totalInferred
Previous Year0.66 5.84 6.50 12.05 
Depletion— — — — 
Exploration— — — (0.06)
Methodology0.02 0.28 0.30 (0.53)
Price0.02 0.58 0.60 1.11 
Cost(0.17)(0.97)(1.14)(1.31)
Geotechnical— — — — 
Metallurgical— — — — 
Acquisition / Disposal— — — — 
Other— (0.33)(0.33)(0.37)
Current Year0.53 5.39 5.92 10.87 
Net Difference(0.12)(0.45)(0.57)(1.17)
% Difference(19)(8)(9)(10)
Notes:
All figures are expressed on an attributable basis unless otherwise indicated.

The decrease in Mineral Resource is mainly due to depletion attributed to mining from Sansu, and Blocks 8 and 10 and an increase in costs which resulted in higher cut-off grades as well as the sterilisation of stopes in the depletion process. The decrease was partially offset by model changes primarily from the inclusion of new drilling data from ongoing operational drilling activities and the increase in Mineral Resource price.

Material Assumptions for the Mineral Resource

Key Parameters
ObuasiUnitUnderground
Costs
Mining cost$/tonne mined
64.26-79.44(1)
Processing cost$/tonne treated42.57
G&A$/tonne treated21.96
Other Parameters
Royalties%3.0
MSO(2) optimising cut-off
g/t
3.43-3.75(1)
Mineral Resource cut-off gradeg/t
3.43-3.75(1)
Mineral Resource price$/oz
1,600-1,750(3)(4)
Metallurgical Recovery Factor%MetRF87
Notes:
(1) Vary according to area.
(2) Datamine Mineable Shape Optimiser ("MSO").
(3) Open pit based on a gold price of $1,600/oz, Underground based on a gold price of $1,750/oz.
(4) AngloGold Ashanti has determined that there is no material change to the Mineral Resource reported in the 2021 Technical Report Summary
          for Obuasi (effective date: 31 December 2021) filed as Exhibit 19.15.5 hereto if this updated gold price is used (instead of $1,500, the gold
          price used to estimate the Mineral Resource in 2021).

Estimation
The estimation technique is ordinary kriging and the primary estimation unit size is 20m x 5m x 15m. This estimation unit size is representative of the underground mining units and is considered appropriate given the style of mineralisation and mining methods. Compositing by length is employed and the influence of extreme grades is restricted by grade capping. Sample spacing is highly variable across the deposit and ranges from 10m x 10m (for grade control areas) up to 200m x 200m (for exploration targets). However, for the Mineral Resource, the maximum extrapolation from data points is 100m. Any areas beyond this are not classified and are considered to be upside potential rather than Mineral Resource.





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Mineral Reserve
Refer to the below table, prepared in accordance with Table 2 to Paragraph D(1) of Item 1304 ofRegulation S-K, which summarises the gold Mineral Reserve for Obuasi at the end of the fiscal year ended 31 December 2022, based on a gold price estimate of $1,400/oz. Refer to “—Material Assumptions for the Mineral Reserve—Modifying factors and price estimates” for additional information on cut-off grades and metallurgical recovery.

Mineral ReserveCategoryTonnesGradeContained Gold
as at 31 December 2022milliong/ttonnesMoz
ObuasiProven4.47 9.55 42.73 1.37 
Probable21.25 9.26 196.67 6.32 
Total25.72 9.31 239.40 7.70 
Notes:
1.Rounding of numbers may result in computational discrepancies in the Mineral Reserve tabulations. The Mineral Reserve estimates with respect to our material properties have been prepared by the Qualified Persons (employed by AngloGold Ashanti unless stated otherwise). The net difference between the Mineral Reserve at the end of the last completed fiscal year and the preceding fiscal year is detailed in the table below. To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals. All ounces are Troy ounces. “Moz” refers to million ounces.
2.“Tonnes” refers to a metric tonne which is equivalent to 1,000 kilograms.
3.Property currently in a production stage.
4.Refer to “—Material Assumptions for the Mineral Reserve—Modifying factors and price estimates” for additional information on cut-off grades and metallurgical recovery.
5.Based on a gold price of $1,400/oz.

Year on year changes in Mineral Reserve - Moz
as at 31 December 2022Obuasi
CategoryProvenProbableTotal
Previous Year1.19 7.08 8.26 
Depletion(0.23)— (0.23)
Exploration— (0.77)(0.77)
Methodology0.54 — 0.54 
Price0.11 1.49 1.60 
Cost(0.23)(1.48)(1.71)
Geotechnical— — — 
Metallurgical— — — 
Operational— — — 
Other— — — 
Acquisition / Disposal— — — 
Current Year1.37 6.32 7.70 
Net Difference0.19 (0.75)(0.57)
% Difference16 (11)(7)
Notes:
All figures are expressed on an attributable basis unless otherwise indicated.

The key changes were primarily associated with depletion, exploration, block model changes, and economic parameters. Depletion was mainly due to mining, while exploration changes were as a result of Mineral Resource drilling. This was offset by changes in the block model methodology involving estimation parameters, interpretations, classification and density. The economic factors that also influenced the changes to the Obuasi Mineral Reserve included an increased gold price assumption which was partially offset by an increase in mining cost and sustaining capital.

Material Assumptions for the Mineral Reserve

Modifying factors and price estimates
as at 31 December 2022Obuasi
Primary Commodity Price$/oz
1400(1)
Cut-off gradeg/t
4.29-4.69(2)



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as at 31 December 2022Obuasi
Dilution%
12-17(2)
Mining Recovery Factor%MRF based on tonnes
95-98(2)
Mining Recovery Factor%MRF based on g/t100
Mine Call Factor%MCF100
Metallurgical Recovery Factor%MetRF87
Notes:
(1) AngloGold Ashanti has determined that there is no material change to the Mineral Reserve reported in the 2021 Technical Report Summary
          for Obuasi (effective date: 31 December 2021) filed as Exhibit 19.15.5 hereto if this updated gold price is used (instead of $1,200, the gold
          price used to estimate the Mineral Reserve in 2021).
(2) Vary according to area.

Estimation
The Mineral Reserve estimation considers mining criteria for the economic cut-off grade and minimum mining width for the anticipated mining method. All design and scheduling work is undertaken to an applicable level of detail by mine planning engineers in consultation with other technical specialists using Datamine Studio UGTM and Enhanced Production SchedulerTM ("EPS") software.

The cut-off grade parameters used include projected mining, processing, and general and administrative costs. A Mineral Reserve gold price of $1,400/oz was used. The cut-off grade also considers the metallurgical recovery factor (87 percent applied for all blocks), mining dilution and recovery, tonne-kilometre haulage cost from all blocks, as well as the backfill type.

Stopes are designed using the Datamine Mineable Shape Optimiser ("MSO") Software where the outputs are further optimised by manual edits. The stope shapes are generated at section intervals of 15m to 20m based on geotechnical guidance for each block. The MSO allows the class field to be assigned to each stope generated. The mine design is reviewed taking into consideration the updated stope shapes, existing development and future infrastructure need. A LOM plan is generated which considers fleet and infrastructure capacities. All mining blocks are designed for the LHOS mining method. The Mineral Reserve is reported from the LOM plan and only includes Measured and Indicated Mineral Resource.

Map showing Obuasi planned infrastructure and licences
Below is a map that shows the location, infrastructure and mining licence area for Obuasi. The coordinates of the mine, as represented by the plant, are depicted on the map and are in the geographic coordinate system.





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au-20221231_g7.jpg



109



IDUAPRIEM
Property description
Iduapriem mine is wholly-owned and operated by AngloGold Ashanti and a production stage property. The mine is a multiple open pit operation that currently sources ore from the Block 3W, Block 5, Ajopa, and Blocks 7 and 8 pits.

Location
The mine is located in the western region of Ghana, some 70km north of the coastal city of Takoradi and approximately 10km southwest of the town of Tarkwa. The Iduapriem mine is bordered to the north by Gold Fields Ghana Limited (Tarkwa Mine) and to the east by the Ghana Manganese Company Limited (a manganese mine in existence since the 1920s).


IduapriemMineralisation style
There are four recognised conglomerate reefs namely A, B, C and D, which are equivalent to the Tarkwaian Sub-basal, Basal (or Main), Middle (or West), and Breccia Reefs, respectively. The B and C Reefs are oligomictic and consist of well-sorted conglomerates and have been mined underground in some areas more than a century ago. The A and D Reefs have a lower gold tenor and are polymictic, containing both well-rounded and angular fragments. Gold is found within the matrix that binds the pebbles together. The gold content is a multiple open pitfunction of the size and amount (packing) of quartz pebbles present within a conglomeratic unit. The gold is fine-grained, particulate and free-milling.


Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Ghana—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Surface infrastructure associated with Iduapriem’s operation that currently sources ore fromincludes a primary crusher, overland conveyor, CIL processing plant next to the Ajopamain office building, a TSF and Block 7four camp areas for contractors 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.company employees. Tarkwa town is also adjacent to the tenement. Power is supplied to the mine by the Volta River Authority (VRA) and GridCo.GRIDCo.


Mineral processing
The current processing plant treats free-milling material from open pit mining, by a conventional crush with a semi-autogenous ball milling circuit and cyanide leach. Iduapriem comprisesoperates a two-stage crushing circuit consisting of a Metso Superior MKIII primary gyratory crusher and two GP550 gyratory crushers for secondary crushing. The Iduapriem treatment plant has two semi-autogenous grinding mills ("SAG mills") and two ball mills which run in two parallel circuits,each with a SAG mill and a ball mill. The second ball mill, a new thickener, a cluster of cyclones and a Knelson concentrator were commissioned in March 2009. In July 2017, three of the Iduapriem, Ajopa Northfour leach tanks were converted into CIL tanks by introducing carbon into the each of the tanks with the installation of inter-tank screens and South and Teberebie mining leases on a 139.77km2 concession. Applications have been submittedcarbon recovery screens. Carbon for elution is harvested from one of the leach tanks to the minerals authority foracid wash column, and the renewal of the mining permits which, according to Ghanaian law, allows for the continuation of mining on the expired leases while the renewal processcarbon recovery screen underflow 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)pumped back to the EPA on 10 August 2018 and made the required payments. The certificateleach tanks.

GUINEA

SIGUIRI

Property description
Siguiri 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 containedAngloGold Ashanti’s only operation in the Banket SeriesRepublic of quartz pebble conglomerates, breccia conglomerates and metasediments within the Proterozoic Tarkwaian System.Guinea. 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 ownedco-owned by AngloGold Ashanti since 2004, is located in the Ashanti Region of Ghana, some 260 kilometres north-west of the capital Accra(85 percent) 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
Guinea (15 percent). The gold deposits at Obuasi are part ofmine is 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 goldconventional open pit operation situated in the crystal structureSiguiri district in the northeast 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.Guinea.


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 anda production stage property, operated by AngloGold AshantiAshanti. Gold-bearing ore is mined from several pits (generally three pits at any one time). Mining occurs primarily in Kami and 15 percent byBidini pits in Block 1, as well as Saraya pit in Block 2. The pre-feasibility study level of work on the government of Guinea. geotechnical design for Sanutinti pit is ongoing.

Location
Siguiri is located approximately 850 kilometres850km north-northeast of Conakry, 25 kilometres25km northwest of the town of Siguiri and 220 kilometres220km southeast of the Malian capital Bamako, near the Malian border.







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Mineralisation style
Siguiri is currently a multi-pit oxide gold mining operation, operated by a contract miner. Processingsituated in the northern part of the Siguiri Basin of Guinea, and is underlain by Lower Proterozoic rocks of the Birimian metasedimentary and volcano-sedimentary formations. Primary gold mineralisation occurs in all three lithostratigraphic units of the Siguiri region, although most of the known mineralisation is found in the central and more competent Fatoya Formation. In some deposits, the mineralisation shows strong lithological control and is preferentially developed in coarser-grained units with higher fracture or vein densities than fine-grained rocks. Mineralised veins are more intensely developed along major structural trends, with quartz-carbonate-sulphide veining developed along structures. Some of these structures have developed as incipient faults and are represented by discrete stockworks of mineralised quartz-carbonate veins occurring along a trend instead of clearly defined continuous structures.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Guinea—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Siguiri includes a processing plant, a TSF, and other infrastructure such as a mine village, a water supply system, roads, power supply by on-site generators and communications systems. Additional infrastructure includes on-site offices, accommodation and workshops to support remote mining. Power to the mine is self-generated using heavy fuel oil.

The town of Siguiri can be accessed via a small airfield and a well-paved road that connects Siguiri to Bamako in the north and Kouroussa in the south. Access to the mine via roads and to Siguiri is easily passable through most of the year, although some secondary roads are seasonal with limited access during the wet season. While Siguiri encounters encroachment of villages onto, and artisanal and small-scale mining invasion in, its mining areas as well as increasing community demands and expectations, mitigation plans are in place to significantly reduce the impact of these issues.

Mineral processing
The mined ore is done byprocessed using a hybrid carbon-in-leach (CIL)CIL circuit processing plant converted from carbon-in-pulp (CIP) in 2018. The plant is capable of treating 50%and can treat 50 percent hard ore post the commissioningpost-commissioning of a new ball mill and 3 stagethree-stage crushing plant in Q12019. Unit operations include comminution, leaching, carbon adsorption and desorption, smelting and tailings disposal. Further modification of 2019.three leach tanks to CIL tanks was carried out in the fourth quarter of 2020, giving a total of seven tanks in the hybrid circuit. The original processing facility was designedcombination plant treats up to process50 percent fresh rock and 50 percent soft ore, only and was successfully optimised to reach an averagewith a total throughput of 11.8Mtpa. Power11.4Mt per annum. The recovery of Bidini, which has been impacted by the presence of carbonaceous ore and the performance of the combination plant to achieve the required mill throughput and recovery, could have an impact on the economic extraction of the estimated Mineral Resource and Mineral Reserve until the plant stabilises. There are mitigation plans in place to address any TSF capacity issues and the mine is self-generated.also doing further optimisation work.


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
For additional information, see the Technical Report Summary for Geita Gold Mine is wholly owned by(effective date: 31 December 2022) filed as Exhibit 19.15.4 hereto.

Property description
Geita (“GGM”), one of AngloGold Ashanti and is AngloGold Ashanti's sole operation in Tanzania.

Tanzania - Geita
Description
The Geita Gold MineAshanti’s flagship mines, is located in northwestern Tanzania, in the Lake Victoria goldfields of the Mwanza region, of Tanzania, about 120 kilometres120km from Mwanza and 4km west of Mwanza, four kilometres away from the town of Geita. The Geita gold deposits are mined as a multiple open pit and 910kmunderground operation, with ore production from Star and Comet, Nyankanga and Geita Hill underground mines, and from Nyamulilima open pit. The mine is currently serviced by a CIL processing plant with an annual capacity of 5.2Mt.

GGM is wholly-owned and operated by AngloGold Ashanti. GGM currently has three underground mines (Star and Comet, Nyankanga and Geita Hill) and one open pit (Nyamulilima Cuts 1, 2 and 3) which is in production since 2021. The property is currently in a production stage.

Location
GGM is located approximately 1,200km from the main Tanzanian capital citybusiness centre of Dar es Salaam. It has beenfalls within the Lake Zone of northwestern Tanzania, approximately 120km west of Mwanza and 4km west of the town of Geita. The mining lease area falls within the Archaean Sukumaland Greenstone Belt of the Lake Victoria goldfields.




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Mineralisation style
Geita is hosted in the Geita Greenstone Belt, which is a northern segment of the Sukumaland Greenstone Belt, located in the north-western part of the Tanzania Craton and south of Lake Victoria. Gold mineralisation occurred late in the tectonic history of the greenstone belt, synchronous with the development of brittle-ductile shear zones. Mineralisation is dominantly sulfide replacement of magnetite-rich layers in ironstone, with local replacement of ferromagnesian phases and magnetite in the diorite intrusions. Primary gold mineralisation is associated with the intersection of the brittle-ductile shear zones and pre-existing fold hinges, with higher grade concentrations associated with banded iron formation lithologies and with diorite dyke and sill contacts.

History
Gold mineralisation is reported to be first discovered in the Geita district in 1898 by a German prospector. A regional survey by a Kenyan company, Saragura Prospecting Syndicate, followed in 1930. The first mine was developed in 1934, and between 1936 and 1966, Geita was the largest gold mine in East Africa, producing 1Moz of gold from underground operations.

In 1996, Ashanti Goldfields Company Limited acquired the Geita tenure through the acquisition of Cluff Resources, and acquired the Kukuluma and Matandani in 1998 from Samax Resources Limited. In December 2000, Ashanti Goldfields Company Limited reached an agreement to sell a 50 percent interest in Geita to AngloGold Limited for $324 million. AngloGold Limited added its neighbouring Nyamulilima Hill deposits into the JV company. In 2004, the merger of AngloGold Limited and Ashanti Goldfields Company Limited resulted in the operation since 1996.being wholly run by the combined company AngloGold Ashanti.


GGM commenced open pit mining in 1999, with open pit mining at Nyankanga between 1999 and 2020, at Geita Hill between 2001 and 2019, at Kukuluma and Matandani between 2002 and 2007, and at Star and Comet between 2007 and 2014. In 2015, a decision was taken to go underground at Star and Comet, and the underground development started in 2016. In 2017, the Nyankanga underground operation commenced and in 2020 the Geita Hill underground commenced and is scheduled to ramp up to full production by the end of 2023.

The Nyankanga open pit, the only remaining operating pit at the time, was mined to completion in September 2020. In April 2021, the Nyamulilima open pit commenced operations.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa Region—Tanzania—AngloGold Ashanti’s rights and permits”.

Mining method
Mining at Geita is byuses both open pit and underground mining 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 NyankangaThe Nyamulilima open pit minecommenced production in April 2021 and Starreached full production during 2022. Open pit mining is by conventional truck and Cometshovel methods, where production mining equipment is operated by GGM with Capital Mining Services Tanzania Limited providing production and Nyankanga underground mines. In 2016, undergroundgrade control drilling services, and Orica providing blasting and explosives services. Underground mining commenced at Star and Comet in 2016 and subsequently at Nyankanga in 2017, and most recently Geita Hill in 2020. Star and Comet underground has successfully transitioned to provide oreowner mining and the mining contractor African Underground Mining Services is used at Nyankanga and Geita Hill for underground development and stoping. The underground mining method is a combination of LOS and TOS. Cemented aggregate fill backfill is used at Nyankanga to fill the primary stopes and allows for the mining of secondary stopes. Ore is hauled from the Nyamulilima open pit (22km) and from Star and Comet (17km), Nyankanga (4km) and Geita Hill (2km) underground operations to the processing plant. This was joined in 2017central run-of-mine ("ROM") pad by the Nyankanga underground operations. The Geita Gold Mine is currently serviced bysurface mining fleet.

Processing plants and other available facilities
Surface infrastructure associated with the overall Geita operation includes a 5.2Mtpa CIL processing plant.plant, a TSF, a camp, an airstrip, open pit and underground workshops and offices, contractor yards, backfill plants and explosives suppliers. Power to the mine is self-generated at Geita's 40MW power plant using diesel generators, however, there is planned construction of a 33kV hydropower station by Tanzania Electric Supply Company Limited ("TANESCO"). The physical condition of the equipment, facilities, and infrastructure at GGM is generally considered to be in good working order. The mine has invested heavily in maintaining and upgrading its assets to ensure they remain reliable and efficient. The underground development of the mine has also been extensively developed, with the construction of a number of portals, declines and strategically placed development drives that access and further explore the gold-bearing ore. Overall, the GGM is a well-established operation implementing fit-for-purpose technologies once proven in the market. For the number of persons employed at the mine, refer to “Item 4B: Business Overview—Operating Performance—Africa Region”.



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The “Property, Plant, and Equipment” as of 31 December 2022, including lease assets, buildings and mine infrastructure, mining assets, capitalised exploration costs, decommissioning assets, assets under construction and deferred stripping, had a carrying value of $418m.

Mineral processing
Geita’s ore processing method is a conventional CIL process with a throughput capacity of 5.2Mtpa. The circuit contains a primary gyratory crusher, secondary and tertiary crushers, a semi-autogenousSAG mill, a ball mill and 12 leach tanks. This is coupled with a gravity circuit using two knelsonKnelson concentrators. In planning

the plant feed blend material, hardness grade, oxide and sulphide content are considered in order to optimise throughput and recovery. Power

Mineral Resource
The below table, prepared in accordance with Table 1 to Paragraph (D)(1) of Item 1304 of Regulation S-K, summarises the minegold Mineral Resource (exclusive of Mineral Reserve) for Geita at the end of the fiscal year ended 31 December 2022, based on a gold price estimate of $1,750/oz. Refer to “—Material Assumptions for the Mineral Resource—Key Parameters” for additional information on cut-off grades and metallurgical recovery.

Mineral ResourceCategoryTonnesGradeContained Gold
as at 31 December 2022milliong/ttonnesMoz
GeitaMeasured1.80 4.15 7.50 0.24 
Indicated40.32 2.03 81.96 2.63 
Measured & Indicated42.12 2.12 89.45 2.88 
Inferred36.21 2.64 95.71 3.08 
Notes:
Rounding of numbers may result in computational discrepancies in the Mineral Resource tabulations. The Mineral Resource estimates with respect to our material properties have been prepared by the Qualified Persons (employed by AngloGold Ashanti unless stated otherwise). The net difference between the Mineral Resource at the end of the last completed fiscal year and the preceding fiscal year is self-generated.detailed in the table below. To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals. All ounces are Troy ounces. “Moz” refers to million ounces.

1.All disclosure of Mineral Resource is exclusive of Mineral Reserve. The Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”) is defined as the inclusive Mineral Resource less the Mineral Reserve before dilution and other factors are applied.
2.“Tonnes” refers to a metric tonne which is equivalent to 1,000 kilograms.
3.Property currently in a production stage.
4.Refer to “—Material Assumptions for the Mineral Resource—Key Parameters” for additional information on cut-off grades and metallurgical recovery.
5.Based on a gold price of $1,750/oz.

Year on year changes in Mineral Resource - Moz
as at 31 December 2022Geita
CategoryMeasuredIndicatedMeasured and Indicated totalInferred
Previous Year0.21 1.87 2.08 3.26 
Depletion— — — — 
Exploration0.02 0.09 0.11 0.12 
Methodology0.03 0.49 0.52 (0.57)
Price0.01 0.17 0.18 0.19 
Cost(0.03)0.19 0.16 0.07 
Geotechnical— — — — 
Metallurgical— 0.02 0.02 0.02 
Acquisition / Disposal— — — — 
Other— (0.20)(0.20)— 
Current Year0.24 2.63 2.88 3.08 
Net Difference0.03 0.77 0.80 (0.18)
% Difference16 41 38 (6)
Notes:
All figures are expressed on an attributable basis unless otherwise indicated.

The special mining licence (SML45/99) covers approximately 196.17km2increase is largely as a result of exploration success due to accelerated drilling activities because of the planned reinvestment, and expires on 26 August 2024. There arechanges in methodology were as a further 120km2result of prospecting licencesrevised estimation parameters, and refined ore wireframes. The increase in the immediate vicinityMineral Resource price and favourable cost reductions in open pit haulage, general



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and administrative expenses and new underground contract rates led to lower cut-off grades resulting in additional Mineral Resource, which was partially offset by depletion.

Material Assumptions for the special mining licenceMineral Resource

Key Parameters
GeitaUnitOpen Pit
Costs
Ore mining cost$/tonne mined3.3
Waste mining cost$/tonne mined3.3
Material handling$/tonne mined2.03
Processing cost$/tonne treated18.63
G&A$/tonne treated8.43
Other Parameters
Metallurgical Recovery Factor%MetRF89
Slope anglesdegree55
Mineral Resource cut-off gradeg/t0.65
Mineral Resource price$/oz1,750 
Royalties%7.3 

GeitaUnitUnderground
Costs
Production (Mining cost)$/tonne ore mined
47.68-82.88(1)
Mine Services$/tonne ore mined21.97-25.78(1)
Processing cost$/tonne treated
18.46-19.11(2)
Other Parameters
Mineral Resource cut-off gradeg/t
1.86-3.01(2)
Mineral Resource price$/oz1,750 
Metallurgical Recovery Factor%MetRF
70.4-91.4(1)
Royalties%7.3 
Notes:
(1) Mining cost includes backfilling at Nyankanga, and material handling costs. (2) Variable according to area.
(3) %MetRF: Ridge 8, 70.4%, Star and Comet Cut 5, 80.4%, Star and Comet Cut 2, 88.3%, Star and Comet Cut 3, 88.4%,
           Geita Hill 87.2%, Nyankanga Block 5, 89.8%, Nyankanga Block 1, 2, 3 and 4, 91.4%.
(4) Datamine Mineable Shape Optimiser ("MSO").

Estimation
For the open pits, mineralisation boundaries for the individual deposits are defined from detailed logging of all geological drill holes. This information is validated and then geological wireframes are interpreted to create a 3D geological model. The geological model is subsequently used in conjunction with an appropriately dimensioned block model. Ordinary kriging is used to interpolate values into block models, and uniform conditioning ("UC") and localised uniform conditioning ("LUC") methods are used to generate a recoverable Mineral Resource block model, which do not contain any Ore Reserve.estimates the proportion of ore that occurs above the Mineral Resource cut-off grade assuming a specified SMU. The open pit Mineral Resource is reported within a $1,750/oz optimised pit shell and above the calculated mineralised waste cut-off grade per pit.

For the underground Mineral Resource, the geological model is generated in the same way as for the open pits. However, a high-grade wireframe is delineated within the broader, lower-grade mineralised envelope. In March 2020,this instance, all geological controls are adhered to when determining this domain. Ordinary kriging models are then constructed within the low- and high-grade domains, and numerous validation exercises are completed to ensure robust estimates are achieved. The underground Mineral Resource is reported inside a MSO volume generated using a unique underground cut-off grade for each deposit.




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The ultimate open pit designs are used as the limiting boundaries between the open pits and underground during model compilation. The underground stopes and development are evaluated using the ordinary kriging block models and the open pit designs are evaluated using the LUC block models.

Stockpiled material above mineralised waste cut-off grade is included in the Mineral Resource.

Mineral Reserve
The below table, prepared in accordance with Table 2 to Paragraph (D)(1) of Item 1304 of Regulation S-K, summarises the gold Mineral Reserve for Geita Gold Mining Limited receivedat the consentend of the Ministerfiscal year ended 31 December 2022, based on a gold price estimate of Minerals$1,400/oz. Refer to change“—Material Assumptions for the Mineral Reserve—Modifying factors and price estimates” for additional information on cut-off grades and metallurgical recovery.

Mineral ReserveCategoryTonnesGradeContained Gold
as at 31 December 2022milliong/ttonnesMoz
GeitaProven9.54 1.02 9.70 0.31 
Probable38.95 2.60 101.19 3.25 
Total48.49 2.29 110.89 3.57 
Notes:
1.Rounding of numbers may result in computational discrepancies in the Mineral Reserve tabulations. The Mineral Reserve estimates with respect to our material properties have been prepared by the Qualified Persons (employed by AngloGold Ashanti unless stated otherwise). The net difference between the Mineral Reserve at the end of the last completed fiscal year and the preceding fiscal year is detailed in the table below. To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals. All ounces are Troy ounces. “Moz” refers to million ounces.
2.“Tonnes” refers to a metric tonne which is equivalent to 1,000 kilograms.
3.Property currently in a production stage.
4.Refer to “—Material Assumptions for the Mineral Reserve—Modifying factors and price estimates” for additional information on cut-off grades and metallurgical recovery.
5.Based on a gold price of $1,400/oz.

Year on year changes in Mineral Reserve - Moz
as at 31 December 2022Geita
CategoryProvenProbableTotal
Previous Year0.09 2.55 2.65 
Depletion(0.06)(0.49)(0.55)
Exploration— 0.87 0.87 
Methodology— — — 
Price— 0.40 0.40 
Cost0.18 0.06 0.25 
Geotechnical— — — 
Metallurgical— — — 
Operational0.04 (0.10)(0.06)
Other0.06 (0.04)0.02 
Acquisition / Disposal— — — 
Current Year0.31 3.25 3.57 
Net Difference0.22 0.70 0.92 
% Difference241 27 35 
Notes:
All figures are expressed on an attributable basis unless otherwise indicated.

The increase is mainly due to ongoing exploration drilling success resulting in larger pit designs at Nyamulilima and in the first-time reporting of the Geita Hill underground Mineral Reserve based on a feasibility study currently being completed. An increase in the Mineral Reserve price and reduced costs mostly by reductions in hauling cost on surface and contractor rates is partially offset by depletion and operational changes.








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Material Assumptions for the Mineral Reserve

Modifying factors and price estimates
as at 31 December 2022Geita
Primary Commodity Price$/oz1,400 
Cut-off gradeg/t
0.70(2)-4.20(3)
Stoping widthcm
450-2,500(3)
Dilution%
11.6(2);10-17(3)
Resource Modification Factor%RMF based on tonnes
99.5(2)-100(3)
Resource Modification Factor%RMF based on g/t
93(2)-100(3)
Mining Recovery Factor%MRF based on tonnes
86-100(1)
Mining Recovery Factor%MRF based on g/t
86-100(1)
Mine Call Factor%MCF100
Metallurgical Recovery Factor%MetRF
80.4-91.4(1)
Notes:
(1) Vary according to rock type / area. (2) Open pit. (3) Underground.

Estimation
The Mineral Resource models are used as the basis for Mineral Reserve estimation. Input parameters for estimating the Mineral Reserve include gold price, mining method under its specialdilution and recovery, geotechnical information, stay-in-business capital, operating costs, metallurgical recovery, processing capacity and mining license fromequipment capacities.

Appropriate Mineral Reserve cut-off grades are applied and optimised pit shells are generated for the open pit sources. Pit designs are then done on selected shells and signed off by all relevant parties to underground method, subjectensure compliance to specifications. Underground designs are completed and evaluated. These designs are incorporated into the requisite termsproduction and conditions.treatment scheduling stages to yield ore tonnes and grades. Financial evaluations are completed for production and treatment schedules to check the cash flow analysis from the estimated Mineral Reserve.

Geology
The terrain is Archaean in ageMineral Reserve for Geita's operating 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,prospective pits, as well as under historic surface rights permitsunderground mine areas is estimated using updated economic factors, latest Mineral Resource models, geological, geotechnical, mining engineering and metallurgical parameters. Environmental, sociopolitical, legal and regulatory factors are also considered.

Map showing Geita planned infrastructure and licences
Below is a map that shows the location, infrastructure and mining license area for West Wits, whichGeita. The coordinates of the mine, as represented by the plant, are still valid.

Low grade stockpilesdepicted on the map and are 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.geographic coordinate system.


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;116


Gold-bearing reef that was contained within small fault blocks that were exposed by off-reef development; andau-20221231_g8.jpg
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.

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THE AMERICAS

The Americas region includes the mining operations in two countries,jurisdictions 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 andwhich AngloGold Ashanti has three operations. In Argentina, the Company has one mining operation: the Cerro Vanguardia Serra GrandeMine, co-owned by AngloGold Ashanti (92.5%) and AGA MineraçãoFomento Minero de Santa Cruz Sociedad del Estado (“Fomicruz SE”) (7.5%). In Brazil, the Company has two mining operations: (i) the AngloGold Ashanti Córrego do Sítio being a combination of open pitMineração operations (“AGA Mineração”) which include the Cuiabá, Lamego and underground mines.Córrego do Sítio (“CdS”) mines, and (ii) Mineração Serra Grande (“Serra Grande”).



ARGENTINA
Description
CERRO VANGUARDIA
Property description
Cerro Vanguardia, in which AngloGold Ashanti has a 92.5 percent stake,production stage gold-silver operation, is ourthe Company’s sole operation in Argentina. Fomicruz, a state company, owns the remaining 7.5 percent. The operationmine is operated by AngloGold Ashanti.

Argentina - Cerro Vanguardia
Description
Cerro Vanguardia S.A. ("CVSA"), which is located approximately 110 kilometres north-northwest of the coastal town of Puerto San Juliana company formed by AngloGold Ashanti (92.5%) and Fomicruz SE, a state-owned company operating in the province of Santa Cruz.Cruz (7.5%). The climate is semi-arid and although snow does occur, winter is mild and exploration activities are normally possible all year round. Cerro Vanguardia is a gold-silver mine withoperates multiple small open pits with high stripping ratios and multiple narrow-vein underground mines located at different parts ofwithin the property butand mined simultaneously. The mineCerro Vanguardia has been operated by AngloGold Ashanti since 1998.in operation for more than 20 years. Silver is produced as a by-product.





Location
Cerro Vanguardia commencedis located in the Santa Cruz province, southern Patagonia, Argentina, approximately 110km north-northwest of the coastal town of Puerto San Julián. Access to the area is by aircraft from Buenos Aires to Comodoro Rivadavia (380km) or Rio Gallegos (510km) and then by road to the mine site.

Mineralisation style
Cerro Vanguardia is in the core of the 60,000km2 Deseado Massif, one of the most extensive volcanic complexes in southern Patagonia. The Deseado Massif is deposited over Paleozoic low-grade metamorphic basement rocks. The mineralisation is concentrated in steeply-dipping quartz veins that cut the flat-lying ignimbrites and volcanoclastic rocks. The Cerro Vanguardia district contains more than 100 gold and silver-bearing epithermal veins for a cumulative exposed vein strike extension of more than 240km, of which 55 veins are currently known to contain economic gold and silver mineralisation. The veins at Cerro Vanguardia consist mainly of quartz and adularia and contain minor electrum, native gold, silver sulphides and native silver as an open pit operation in 1998fine-grained disseminations.

Legal aspects and this was supplemented in 2010 with the start of shallow underground miningtenure
Refer to access high-grade material. To complement the already existing gold plant, a heap leach operation was started in 2012. “Item 4B: Business Overview—The mine has been operated byRegulatory Environment Enabling AngloGold Ashanti since 1998. The orebodies compriseto Mine—Americas—Argentina—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Infrastructure for Cerro Vanguardia is mostly located on-site. It includes a series of epithermal vein deposits containing gold and large quantities of silver, which is mined as a by-product. The metallurgical plant hascamp site with a capacity of 1.3Mtpa1,300 people, a Merrill Crowe plant, heap leaching facilities, cyanide recycling plant, mine laboratory, maintenance facilities, warehouses and includes a cyanide recovery facility. Production capacity of the heap leach facility, which was 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.sewage processing plant. Four natural gas power generators, fed by a 40 kilometre40km long pipeline, provide electricity to the operation. Natural gas is also used for heating. Mine office facilities are located in the main mining area.


Dewatering supplies water for use both as processing water and camp consumption. Due to the particular features of the mine, and in order to optimise hauling, all pits have local, single or multiple waste dumps. The mining lease encompasses an areaTSF is located in and is contained by a natural depression.

Mineral processing
The metallurgical plant has a daily capacity estimated at 3,500tpd (1.2Mtpa), with gold and silver grade of approximately 543km2around 4.25g/t and 120g/t, respectively. The plant comprises the following stages: crushing, milling, conventional leaching in tanks, counter current decant system in thickeners (“CCD circuit”), a CIL process, acid wash, elution, conventional Merrill Crowe process to recover gold and silver with metallic zinc, and a cyanide recovery plant ("Cyanisorb"). The licence 402642/CV/97 coverstailings go directly to a conventional TSF, where there is also a reclaim water system for the full Ore Reserve, was issued on 27 December 1996plant.

In addition to the processing plant there is a heap leach pad, with an annual capacity of 1.5Mtpa, 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 rangegrades of about 150 metresaround 0.7g/t and 20g/t, respectively. The pregnant solution from this process goes directly 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.

The veins are typical of epithermal, low-temperature, adularia-sericite character and consist primarily of quartz in several forms: massive quartz, banded chalcedonic quartz, and quartz-cemented breccias. Dark bandsCCD circuit in the quartz are dueprocess plant and 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 mineralisedMerrill Crowe process for gold and appear to have been cut by a sequence of north-east-trending faults that have southerly movement with no appreciable lateral displacement.silver recovery.






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BRAZIL
Description
AngloGold Ashanti’s operations in Brazil comprise AngloGold Ashanti Córrego do SítioAGA Mineração (AGA Mineração) in the Quadrilátero Ferrífero, Minas Gerais state and Mineração Serra Grande (MSG) in the 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 SítioAGA Mineração S.A.
Description
AngloGold Ashanti Córrego do Sítio Mineração S.A. (AGA Mineração), consists of several mining operations, namely Cuiabá, Lamego, and Córrego do Sítio.CdS.


The Cuiabá complex includesOre from 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, in the southeast of Brazil. The Cuiabá mine is a mix of cut-and-fill and long hole stopes accessed by ramps and a shaft. Lamego is a nearby mine developed to mine underground sulphide ore. The first stage of the processing of the ore from Cuiabá and Lamego mines is in the gold plantprocessed at the Cuiabá complex, wheregold plant. The concentrate produced is produced. The material is then transported 15 kilometres by aerial ropeway to the Queiroz plant where the concentrate is roasted, and the calcine proceeds to a carbon circuit for further refining. Sulphur gas is captured for processing through the acid plant. Approximately 230ktpa ofand refining. The Queiroz hydrometallurgical plant also produces sulphuric acid is produced as a by-product. Capacity

CdS consists of open pit and underground mines. The oxide ore mined is treated by heap leach and a pressure leaching plant treats sulphide ore. The distance from the main underground mine to the metallurgical plant is around 15km.

Serra Grande comprises three mechanised underground mines, Mina III, Mina Nova and Mina Palmeiras, and an open pit as well as a dedicated metallurgical plant.

AGA MINERAÇÃO
AGA Mineração encompasses mining operations at Cuiabá, Lamego and CdS. The AGA Mineração mining complex is located in southeastern Brazil in the state of Minas Gerais. Operations are 30km from the capital of the complete circuitstate (Belo Horizonte) in the case of Cuiabá and Lamego, and approximately 100km in the case of CdS.

AGA MINERAÇÃO - CÓRREGO DO SÍTIO
Property description
CdS is 2.1Mtpa.wholly-owned by AngloGold Ashanti. It has been in operation since 1989 and consists of multiple open pit (conventional bench mining) and underground mines (mainly using sub-level stoping). The Cuiabá mine became operationalproperty is currently in 1988a production stage and the Lamego mine in 2009.operated by AGA Mineração.


Córrego do Sítio (CdS)Location
The CdS complex is located in the municipalitesmunicipalities of Santa Bárbara and Barão de Cocais, 90 kilometresthat are located 100km east of the city of Belo Horizonte in the state of Minas Gerais, state, in the southeast of Brazil. These operations are included in an important mining district referred to as the Quadrilátero Ferrífero (Iron Quadrangle), the second biggest Brazilian area for the production of iron, gold and manganese.

Mineralisation style
The CdS gold complex has beendeposit is located in operation since 1989the eastern part of the lower to middle greenschist facies of the Rio das Velhas Archaean, in the Iron Quadrangle region, on the southern margin of the São Francisco Craton in Brazil. CdS is an orogenic gold deposit hosted in intensely deformed clastic, volcanoclastic, carbonaceous schists and metagreywackes in an approximately 30km northeast-southwest striking shear zone. Hydrothermal alteration phases associated with the mineralisation are dominated by sericite and carbonate.

The CdS I, II and III, gold deposits and associated targets are located in a gold trend that extends for approximately 14km in a north-easterly direction, from Grota Funda (CdS I) in the south to Anomalia (CdS III) in the north, which developed in a compressional tectonic regime. Gold is associated with quartz and fine grained acicular arsenopyrite. The main gold targets and deposits are distributed over three trends, namely the CdS Trend and the Cristina Trend hosted in metasedimentary rocks, and the Donana Trend hosted in BIF.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
CdS infrastructure consists of two operations:the sulphide plant at CdS II (used to process refractory sulphide material), and the heap leach plant at CdS I (for oxide ore mined by open pit). The site also has an ore sorting plant, a TSF for the sulphide plant, a neutralised tailings deposit for the oxide material and numerous waste dumps for the open pit mines at CdS I. For further information on the regulatory framework governing TSFs in Brazil, see “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil”.

Ancillary facilities comprise a water treatment facility, effluent treatment facilities, equipment workshops, laboratory, warehouses, explosives and accessories magazines, fuel stations, electric substations as well as offices, medical



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clinic, mess rooms, dressing rooms, bathrooms, storerooms, garage, fuel stations, a centre of environmental studies, nursery and other facilities required to operate the mine.

Water is primarily sourced from recycling the underground mine water and two sulphide underground mines known as CdS Isupplementary water catchment wells. The power for the operations is supplied and CdSII. purchased on the open market. Good communication infrastructure is available in the area.

Mineral processing
There are two metallurgical plants inat CdS: the heap leach plant for oxide ore and the sulphide plant. The sulphide process consists of crushing, grinding and gravity concentration, flotation, thickening, acidulation, pressure oxidation (POX autoclave), CIL extraction, elution, neutralisation, electro-winningelectrowinning and tailings disposal.dry stack tailings. The sulphide plant and POX circuit have a capacity of 600ktpa.900ktpa. The heap-leachingheap leaching process consists of crushing, agglomeration, stacking, leaching, adsorption, elution and electro-winningelectrowinning, with a total capacity of 650ktpa. Total capacity of the complete circuit is 1.5Mtpa.860ktpa.



AGA MINERAÇÃO - CUIABÁ
Property description
Cuiabá is coveredan underground operation (mainly using sub-level long hole open stoping), wholly-owned by a single concession granted byAngloGold Ashanti, within one of the Brazilian National Mining Agency (ANM), namely 000.323/1973 held by AGA Mineração, covering a total area of 3,662ha. 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 and legally required post-operations activities (e.g. mine closure), provided all annual reports have been approved by the ANM.

Geology
The areamost important metallogenetic provinces in which AGA Mineração is located isBrazil known as the Iron Quadrangle andQuadrangle. This region is host to historic and current gold mining operations, as well as a numberan important producer of open-pit limestone and iron ore, operations.manganese and gold in Brazil. The geologyproperty is currently in a production stage and operated by AGA Mineração.

Location
Cuiabá is located 30km to the east of Belo Horizonte in the state of Minas Gerais, in the southeast of Brazil.

Mineralisation style
Cuiabá mine is located in the Iron Quadrangle, which is a geotectonic unit on the southern edge of the São Francisco Craton, comprising Archaean and Proterozoic terrains, and bordered by Neoproterozoic mobile belts. From a regional viewpoint, Cuiabá mine is located in the eastern extension of the Serra do Curral inverted homocline, located on the northeastern edge of the Iron QuadrangleQuadrangle. The mine lithostratigraphy consists of an intermediate metavolcanic sedimentary sequence of the greenstone belt type and is composed of Proterozoic and Archaean volcano‑sedimentary sequences and Pre‑Cambrian granitic complexes. The host tohosted in the gold mineralisation is the volcano-sedimentary Nova Lima Group (NLG) that occurs at the basebottom of the Rio das Velhas Supergroup (RDVS). The upper sequence of the RDVSSupergroup.

Gold mineralisation 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)BIF and volcanic sequences. At this mine, structuralStructural control and fluidsfluid flow are the most important factors for gold mineralisation with a common association withbetween 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 richiron-rich layers. Steeply plunging shear zones tend to control the ore shoots, which commonly plunge parallel to intersections between the shears and other structures. Mineralisation is hosted in the limbs of a fold system.


Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
The metallurgical plants (Cuiabá gold plant and Queiroz plant) are connected by an aerial ropeway and power to the mine is provided by a set of small hydropower plants (Rio de Peixe hydroelectric complex). Cuiabá mine has a shaft system (846m deep) for production and personnel transport, the current nominal airflow capacity for which is 1,035m3/s, of which 320m3/s are refrigerated. Tailings deposition is at one of four sites located at Cuiabá, Calcinados, Rapaunha and Cocuruto. Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil” for further information on the Company’s TSFs in Brazil. The Rio de Peixe hydroelectric complex is a set of seven small hydropower plants that generate energy from three dams (Ingleses, Miguelo and Codorna), and are directly connected to the Queiroz plant.

Mineral processing
Cuiabá and Lamego mines feed the Cuiabá gold (crushing, milling and flotation) and Queiroz (roaster, carbon circuit and refinery) plants, currently at 1.9Mtpa with a metallurgical recovery of 91.8 percent for the combined feed. At the Cuiabá gold plant, ore is crushed and milled followed by flotation and filtration to produce a concentrate (32 percent sulphur), which is transported by an aerial ropeway to Queiroz for further treatment. Approximately 30 percent of gold is recovered through a gravity circuit at the Cuiabá gold plant. The concentrate, transported by aerial ropeway, is received at the Queiroz plant which is located in Nova Lima and comprises the refractory ore circuit (from Cuiabá or



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Lamego) with facilities for pyrometallurgy and hydrometallurgy. The concentrate is roasted and the calcine proceeds to a carbon-in-pulp ("CIP") with Merrill Crowe circuits for further refining. The sulphide gas is captured for processing at the acid plant. Sulphuric acid is produced as a by-product.

AGA MINERAÇÃO - LAMEGO
Property description
Lamego is an underground operation (mainly using long hole stoping) that is wholly-owned by AngloGold Ashanti, within one of the most important metallogenetic provinces in Brazil, known as the Iron Quadrangle. This region is an important producer of iron, manganese and gold in Brazil. The property is currently in a production stage and operated by AGA Mineração.

Location
Lamego is located 30km to the east of Belo Horizonte in the state of Minas Gerais, in the southeast of Brazil.

Mineralisation style
The controlling mineralisation structures areLamego mine is located in the apparent intersectionIron Quadrangle, which is a geotectonic unit at the southern edge of thrust faults with tight isoclinal folds inthe São Francisco Craton, comprising Archaean and Proterozoic terrains, and bordered by Neoproterozoic mobile belts. From a ductile environment. The host rocks at Cuiabá are BIF, Lapa Seca and mafic volcanics (principally basaltic). Mineralisation is due toregional viewpoint, 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 arsenopyrite and chalcopyrite; the latter tends to occur as a late-stage fracture fill and is not associated with gold mineralisation. Wall rock alteration is typically carbonate, potassic and silicic.

CdSLamego mine is located in the eastern partextension of the lowerSerra do Curral inverted homocline, located on the northern edge of the Iron Quadrangle.

Gold mineralisation is characterised by orebodies associated with two horizons of chemical sedimentary rocks: BIF and metachert, with shear zones containing abundant quartz veinlets. The proportions of these lithotypes vary substantially from one deposit to middle greenschist facies archean Rio das Velhas greenstone belt. The CdS I, II and IIIanother. In the BIF, sulphide mineralisation is associated with gold, deposits and associated targets are located in a gold trend that extends for about 14 kilometres in a north-easterly direction, from Grota Funda (CdS I)while in the south to Jambeiro (CdS III) in the north. CdSII 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 producing and are the most relevant deposits 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 potential (for formal declaration purposes, CdSIII deposits are incorporated as CdSII). CdS mineralisation occurs in a greenstone belt geological environment, where goldmetachert it is associated with quartz veins. The gold occurs either as native gold or in sulphides. Lamego has a similar rock assemblage to Cuiabá, but with higher structural complexity. The mineralised BIF is more structurally deformed and sulphides (mainly very fine arsenopyrite acicular crystals)contains more silica when compared to Cuiabá, which reacted less with the hydrothermal fluid.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Lamego operates as a satellite mine to the Cuiabá mine. Ore is transported to surface via ramps where it is crushed, stockpiled and transported daily to the Cuiabá gold plant, where it is blended with Cuiabá ore on the ROM pad.

The two plants (Cuiabá gold plant and Queiroz plant) are connected by an aerial ropeway. Power to the mine is provided by a set of small hydropower plants (Rio de Peixe hydroelectric complex) and supplied by Cemig, a state-owned company. The Rio de Peixe hydroelectric complex is a set of seven small hydropower plants that generate energy from three dams (Ingleses, Miguelo and Codorna), and are directly connected to the Queiroz plant. Tailings deposition is at one of four sites located at Cuiabá, Calcinados, Rapaunha and Cocuruto. Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil” for further information on the Company’s TSFs in Brazil.

Lamego has a structurally controlled corridornatural water supply system and a plant for water and sewage treatment.

Mineral processing
Cuiabá and Lamego mines feed the Cuiabá gold (crushing, milling and flotation) and Queiroz (roaster, carbon circuit and refinery) plants, currently at 1.9Mtpa with a metallurgical recovery of approximately 16 - 20 kilometres on strike91.8 percent for the combined feed. At the Cuiabá gold plant, ore is crushed and about 500 metres vertical extent, developedmilled followed by flotation and filtration to produce a concentrate (32 percent sulphur), which is transported by an aerial ropeway to Queiroz for further treatment. Approximately 30 percent of gold is recovered through a gravity circuit at the Cuiabá gold plant. The concentrate, transported by aerial ropeway, is received at the Queiroz plant which is located in Nova Lima and comprises the refractory ore circuit (from Cuiabá or Lamego) with facilities for pyrometallurgy and hydrometallurgy. The concentrate is roasted and the calcine proceeds to a compressional tectonic setting.CIP with Merrill Crowe circuits for further refining. The sulphide gas is captured for processing at the acid plant. Sulphuric acid is produced as a by-product.


Brazil - SERRA GRANDE
Property description
Mineração Serra Grande (S.A.)
Description
Mineração Serra Grande (MSG("MSG" or Serra Grande)"Serra Grande") is wholly-owned and operated by AngloGold Ashanti and is located in central Brazil, inthe northwest of the state of Goiás, about five kilometres fromin central Brazil. It operates three underground mines (using sub-level



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stoping (bottom-up and top-down), cut-and-fill and room-and-pillar mining methods) and two open pit mines. The property is currently in a production stage.

Location
Serra Grande is located 5km south of the citytown of Crixás, and 420km from the Brazilian capital, Brasilia. ItBrasília and approximately 350km from the state capital of Goiás, Goiánia. The employment of 1,120 persons in this largely rural area makes mining the principal economic activity in the region.

Mineralisation style
The Serra Grande gold deposit is an orogenic mesothermal deposit, associated with the development of shear zones that belong to the Upper Archaean Crixás Group. Gold mineralisation is associated with metasediments and metavolcanics from the Ribeirão das Antas and Rio Vermelho Formations respectively. The Crixás Greenstone Belt is surrounded by granitic gneiss terrains from the Ribeirão das Antas and Caiamar complexes and metasedimentary rocks from the Santa Terezinha Group, which is part of the Goiás magmatic arc. Mineralisation at Serra Grande is associated with quartz veins and massive to disseminated sulphides in metasedimentary, metavolcanoclastic and metabasalt rocks, with variable degrees of hydrothermal alteration developed over orogenic stacked thrust layers (duplexes).

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Serra Grande operates threea single TSF, which will support the LOM production and has government environmental licensing in place. The water used in metallurgical processing comes from the underground mines. The state road GO-337 passes close to the operation providing access for logistics. The power for the mine is supplied and twopurchased in the open pit mines. Three mining methods used underground are: sub-level stoping (bottom-upmarket (grid electricity) and top-down), room and pillar. diesel self-generation. Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil” for further information on the Company’s TSFs in Brazil.

Mineral processing
The metallurgical plant has the capacity ofto process 1.5Mtpa, and combinescombining CIL and gravimetric circuits. The ore is blended to feed the crushing circuit, withwhich has a capacity of 3,800tpd.4,500tpd. There are two mills in operation, and 20 leachingleach tanks with a capacity of 4,800m34,800m3 divided between prelimingpre-liming and cyanidation stages. About 58% freeApproximately 45 percent of gold is captured in the parallel gravity circuit. The tailings are filtered and stacked in piles. The rest of the gold is recovered by the CIL process to form the bulliondoré that is sent to the Nova Lima refinery.for refining. The mine became operational in 1989total gold recovery is approximately 93.4 percent.

AUSTRALIA

AngloGold Ashanti operates two mines and has beenone new project in Western Australia.

Sunrise Dam, wholly-owned by AngloGold Ashanti, is located 205km north-northeast of Kalgoorlie and 55km south of Laverton.

Tropicana is a joint operation between AngloGold Ashanti (70 percent and the operator), and AFB Resources Pty Limited (30 percent), a subsidiary of Regis Resources Limited. Tropicana is located 200km east of Laverton and 330km east-northeast of Kalgoorlie in Western Australia.

The Butcher Well project is a joint venture between AngloGold Ashanti (70 percent) and Northern Star Resources Limited (“Northern Star Resources”) (30 percent). The project is managed by AngloGold Ashanti. Butcher Well is located 20km southwest of the Sunrise Dam mine and is considered to be a potential satellite operation.

SUNRISE DAM
Property description
Sunrise Dam is a production stage property with an active underground (using sub-level open stoping methods and narrow open-stoping methods) and open pit mine that is wholly-owned and operated by AngloGold Ashanti. AngloGold Ashanti since 1999.conducts all brownfield exploration activities on the site and all tenements and permits are in good standing.


Serra Grande



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Location
Sunrise Dam is covered by five ANM concessions, namely 002.286/1935, 960.658/1987, 860.746/2005, 862.103/1994approximately 205km north-northeast of Kalgoorlie and 804.366/1975 covering55km south of Laverton in Western Australia.

Mineralisation style
Sunrise Dam is 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 deposits aremesothermal gold deposit located in the Rio VermelhoArchaean greenstone belts of Western Australia. The deposit is complex and Ribeirão das Antas Formationsstructurally controlled with multiple ore zones displaying differing characteristics, from ductile shear zones to brittle stockwork complexes to intrusive hosted mineralisation. Mineralisation is typically hosted within quartz-carbonate veins with varying quantities of pyrite and arsenopyrite. Strong alteration of the Archaean Pilar de Goia’s Groupcountry host rock is common proximal to controlling structures.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Australia—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
All required infrastructure is in place including a fully functional camp, process plant, tailings facility, gas pipeline, power plant and electrical reticulation, offices, airstrip and road system. The underground infrastructure caters for all ventilation and dewatering needs with provisions made in the budget for extensions and upgrades.

Mineral processing
Processing at Sunrise Dam is via a conventional three-stage crushing / two-stage milling, CIL circuit, with a pyrite flotation and ultrafine grinding circuit commissioned in 2018. The gravity circuit recovers approximately 30 percent of the gold, with the CIL circuit, AcaciaTM reactor and Anglo American Research Laboratories ("AARL") elution used to recover the remainder. Electrowinning recovers gold from the Acacia reactor and is eluted to produce gold doré. Plant throughput at Sunrise Dam is approximately 4.1Mtpa.

BUTCHER WELL
Property description
Butcher Well is a joint venture between AngloGold Ashanti (70 percent) and Northern Star Resources (30 percent). Butcher Well encompasses two tenement packages, Butcher Well and Lake Carey, covering approximately 339.56km2. AngloGold Ashanti also holds a significant tenement package adjacent to the Northern Star joint venture properties.

The project is in the exploration stage in the early stages of study, with no Mineral Reserve declared. An Inferred Mineral Resource is stated, which account together forhas been the focus of a conceptual study. As the project is still in a concept study phase, no mining has taken place. Both open pit and underground mining options (using transverse longhole open stoping) are being explored.

Location
The Butcher Well project is located in the Laverton district of Western Australia, 20km southwest of AngloGold Ashanti's Sunrise Dam mine and 180km northeast of Kalgoorlie. Butcher Well is considered as a potential satellite operation to Sunrise Dam.

The Sunrise Dam airstrip is approximately 70km by road from the project, with a travel time of approximately 90 minutes on the road on the circumference of the southern part of Lake Carey. Lake Carey is a large proportionsalt lake that covers a part of the Crixás Greenstone Belt in central Brazil.western project area,with Sunrise Dam located to the east of the lake and the Butcher Well project located on the western shore.


Mineralisation style
The stratigraphyButcher Well Mineral Resource is an orogenic-style gold system hosted within the Laverton Greenstone Belt. The mineralisation is hosted within a basalt and is spatially associated with syenite dykes. Gold mineralisation within fresh rock principally occurs within steeply dipping north-south trending panels. Supergene gold dispersion and enrichment broadens the mineralised envelope within the near-surface saprolitic material. Much of this material has been previously exploited in shallow open pits.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Australia—AngloGold Ashanti’s rights and permits”.




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Processing plants and other available facilities
Power is likely to be generated on-site via diesel generators. Water can be sourced from the existing flooded pits or bores. Ore material will be trucked to Sunrise Dam via existing secondary roads.

Mineral processing
Ore from Butcher Well will be processed at AngloGold Ashanti's Sunrise Dam processing plant. Processing at Sunrise Dam is via a conventional three-stage crushing, two-stage milling CIL circuit, with a pyrite flotation and ultrafine grinding circuit commissioned in 2018. The gravity circuit recovers approximately 30 percent of the beltgold, with the CIL circuit and AARL elution used to recover the remainder. Electrowinning recovers gold from the Acacia reactor and eluate to produce gold doré. Plant throughput at Sunrise Dam is dominated by basics4.1Mtpa, and ultrabasicsButcher Well ore will supplement ore production from the Sunrise Dam underground mine to maintain the mill throughput.

TROPICANA
Property description
Tropicana mine is a currently operating gold mine, and is a production stage property. It produces gold bearing ore from a number of open pits named from north to south: Boston Shaker, Tropicana, Havana and Havana South, and from an underground mine beneath the lower sequences with volcano sedimentary units forming the upper successions.Boston Shaker and Tropicana open pits. The project is a joint operationbetween AngloGold Ashanti (70 percent), as operator, and AFB Resources Pty Limited, a subsidiary of Regis Resources Limited (30 percent).


Location
Tropicana is located 330km northeast of Kalgoorlie and 200km east of Laverton, Western Australia.

Mineralisation style
The deposits areTropicana deposit is hosted in an Archaen quartz-feldspathic gneiss within a sequence of schists, meta volcanicsmajor tectonic suture zone between the Yilgarn Craton and dolomites occurring in a typical greenstone belt structural setting. Gold mineralisationthe Albany-Fraser Orogen. Mineralisation is associated with massive sulphidesa strong hydrothermal alteration assemblege of biotite-sericite-pyrite, which post-dates peak graulite facies metamorphism. Gold is found within the pyrite.

Legal aspects and vein quartz material associatedtenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Australia—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
All surface infrastructure facilities are in place and operational. The processing plant and TSF are operating well, consistent with carbonaceousdesign specifications. The infrastructure includes, but is not limited to water supply, processing plant, mine, dewatering infrastructure, TSF, workshops, camp facilities and sericitic schists and dolomites.  The oreshoots plungeairstrips. Power is supplied to the north-west with dipping between 6mine by on-site gas and 35 degrees. The stratigraphydiesel power stations, and natural gas is supplied via an APA Operations (Pty) Limited pipeline. Underground development and production is ongoing.


is overturned and thrusted towards the east, with recognised shear and thrust structures that are stacked. These control the mineralisation and behave as frontal and lateral ramps and horses.

Mineral processing
The greenstone belt lithologies are surrounded byprocessing plant has a capacity of 9.3Mtpa. The crushing circuit consists of a primary gyratory crusher, feeding a set of secondary cone crushers and tertiary rolls crushers. A 14MW and 6MW ball mill in parallel completes the TTG suitegrinding circuit. A CIL circuit is used to extract the gold from the ore, and a standard AARL elution and recovery systems is used to form gold doré bars.

The power provider, Kalgoorlie Power Systems, has built a dedicated power station consisting of Archaean tonalitic gneissesa combination of diesel and granodiorites. gas powered generators with a capacity of 48.5MW.

PROJECTS
The metamorphic sediments are primarily composedprojects in Colombia form a significant contribution to AngloGold Ashanti’s Mineral Resource with the three projects: La Colosa, Minera de Cobre Quebradona ("Quebradona") and Gramalote, the latter of quartz, chlorite, sericite, carbonaceous materialwhich is a joint operationbetween AngloGold Ashanti (50 percent) and garnet bearing schists. The carbonates have been metamorphosed to ferroan dolomite marble with development of siderite and ankerite veiningB2Gold Corp. (“B2 Gold”) (50 percent). Mineral Reserve was declared for the first time at Quebradona in 2018.

During 2022, the Company's project team in the surrounding wallrock, usually associated with quartz veins. The basalts are relatively unaltered but do show pronounced stretching with elongationUnited States integrated the Mineral Resource resulting from AngloGold Ashanti's acquisitions of pillow structures being evident.Corvus Gold Inc. (“Corvus Gold”) and Coeur Sterling, Inc. (“Coeur Sterling”) using the Company’s evaluation framework. AngloGold Ashanti acquired North Bullfrog and Mother Lode as part of the Corvus Gold acquisition in January 2022 and Sterling (which includes the Crown Block deposits of SNA, Secret Pass and Daisy) through the acquisition of Coeur Sterling in November 2022.


The Crixás greenstone belt comprises a series of Archaean to Palaeoproterozoic 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 developed irregular thrust ramp geometry, in part controlled by concealed early basin faults. The main Crixás orebodies are adjacent to a major northnorthwest structural corridor juxtaposed to the main fault ramp/corner and become dispersed to the east and north in zones of foreland thrust flats. Alteration diminishes to the west away from the main fault corner. A series of concealed east-west to northwestsoutheast basement block faults may have provided secondary fluid migration, and development of early antiformal warps in the thrust sheets; these structures probably define the quasiregular spacing of significant mineralisation within the belt. The D1 thrust stack was gently folded by noncylindrical folds. Gold mineralising fluids probably migrated during this event, with similar southsouthwest to northnortheast migration, and focusing on bedding slip during folding. Gold mineralisation decreases and disperses to the north and east along the formal thrust flat zone. Concentrations of gold within the quartz vein may be due to the damming of fluids migrating upward along layering.



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COLOMBIA
Description
AngloGold Ashanti Colombia has three advanced greenfields projects,projects: Gramalote, La Colosa Quebradona and Gramalote of which Quebradona and Gramalote have an Ore Reserve.Quebradona.

Colombia - Gramalote
Description
The Gramalote project is a joint ventureoperation between AngloGold Ashanti (50 percent) and B2Gold Corp (B2Gold)(50 percent). Since the beginning of 2020, B2GoldThe project is responsible for the management of the Gramalote JV and AngloGold Ashanti and B2Gold now each hold 50 percent of the attributable sharesmanaged by B2Gold. It is situated 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 Department of Antioquia, Colombia. It is approximately 230 kilometres northwest of the Colombian capital of Bogota and 124 kilometres124km northeast of Medellin whichMedellín.

The La Colosa project 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 workwholly-owned and mineral discoverymanaged by AngloGold Ashanti.

Development of the Gramalote project commenced with a scoping 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 undertaken by all technical disciplines to identify ways to improve the project economics. The main changes were an improved orebody model, grade streaming to increase the feed grade in the early years and early treatment of the oxide ore that overlies the main sulphide resource. An enhanced prefeasibility 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 one 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 project 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 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 It is located in the northern portionDepartment of Tolima, 150km west of Bogotá, and 30km west of the Central Cordilleramajor town 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 km2 and constitutes the core of the Central Cordillera. About 92 percent of this intrusive corresponds to 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 uplift. Major lineaments affect the batholith,Ibagué.

especially in its eastern sector where they trend west northwest varying to northwest, where they show rotation and sinistral shear 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/ 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 namely: potassic, quartz-sericite and sericite carbonate. Within these alteration zones, anomalous gold mineralisation is associated with three types of quartz 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 betweenwholly-owned and managed by AngloGold Ashanti and B2Gold and has completedcomprises the Nuevo Chaquiro deposit, 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.significant copper-gold porphyry. The Quebradona project is situated in the Middle Cauca region of Colombia, in the Department of Antioquia, 60 kilometres south-west60km southwest of Medellin.Medellín.


GRAMALOTE
Property description
Gramalote is a joint operation between AngloGold Ashanti (50 percent) and B2Gold (50 percent), with B2Gold being the manager. The property is currently an exploration stage project, with no Mineral Reserve declared. Gramalote is a semi-massive, superficial low-grade gold deposit suitable to be mined as a conventional open pit truck and shovel operation.

Following the completion of a feasibility study optimised work in the second half of 2022, both joint operation partners determined that the Gramalote project does not meet their investment thresholds for development. Following a comprehensive review of the alternatives relating to the project, both parties have commenced a joint sales process for the project, which is currently ongoing.

Location
The Gramalote property is located near the towns of Providencia and San José del Nus within the municipality of San Roque in the Department of Antioquia in the northwest of Colombia. It is approximately 230km northwest of Bogotá and 124km northeast of Medellín, which is the capital of the Antioquia Department.

Mineralisation style
Gramalote is a pluton-related, mesothermal gold deposit genetically related to the host intrusion. The alteration and mineralisation are structurally controlled, restricted to small halos along veins, sheeted veins and stockwork arrays with sulphide content being less than five percent. There are three distinct mineral deposits: Gramalote Central, Monjas West (also referred to as Monjas) and Trinidad. These all have similar mineralisation and alteration styles, with vertical to sub-vertical mineralised zones extending from tens of metres to over 200m width, with variable strike lengths of up to 1km, and extending to depths of several hundred metres. Mineralisation is controlled by northeast to southwest trending strike-slip shear zones, north-northwest to south-southeast trending extensional shear zones and dilatational fractures. Gold mineralisation is associated with stockwork veining and in particular quartz with fine pyrite veins, quartz-carbonate veins, and quartz with coarse pyrite veins.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Colombia—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Key infrastructure planned includes: a TSF, waste rock facility, site water management, a creek diversion, roads and bridges, central workshop, offices and camp, and a process plant. Power is expected to be supplied from the national power grid some 25km away. Access is through a national road located less than 1km from the project.

Mineral processing
A range of treatment options for sulphide ore were investigated in previous studies, including whole ore leaching, heap leaching and a float leach process. The float leach process was selected as offering much better economics. Most of the metallurgical designs have been confirmed during the technical update to the feasibility study conducted during 2022. The process design is as follows:
Processing by a semi-autogenous grinding stream treating approximately 11Mtpa of sulphide ore;
Gold recovery post milling by flotation and concentrate leach; and
Conventional tailings deposition.




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LA COLOSA
Property description
La Colosa is wholly-owned and managed by AngloGold Ashanti. It is currently in force majeure due to delays in granting environmental permits by national and local environmental authorities and, as a result, the project remains on hold. La Colosa is an exploration stage project with no Mineral Reserve declared. However, open pit mining (with potentially some underground mining) is the preferred mining method.

The La Colosa project is currently at an early project stage and has identified a number of possible technical options all of which are capital intensive. The most recent one year grant of force majeure, during which time the specified timelines for completing the various phases of the mining project under the concession contract are suspended, will expire on 22 June 2023.

Location
The project is located 150km west of Bogotá, and 30km west of the major town of Ibagué, which is the capital of the Tolima Department. Ibagué is the location of local government entities monitoring the project.

Mineralisation style
La Colosa is a large porphyry Au deposit located on the eastern flank of the Central Cordillera of Colombia. Mineralisation is exposed on the surface. The La Colosa site contains an intrusive complex with two magmatic centers known as the La Colosa and San Antonio porphyry stocks, hosted by schistose country rocks. The complex is present over a map area of 3.5km2 and includes a series of porphyry intrusions with compositions ranging from diorite to tonalite. The predominant type of hydrothermal alteration in the early porphyries is moderately intense potassic alteration (secondary biotite+K-feldspar). Pyrite is the most abundant sulphide, followed by pyrrhotite, which is commonly found close to the contacts with the country rocks. Gold mineralisation at La Colosa occurs predominantly as native gold and electrum. Sub-microscopic gold has been observed in sulphides (pyrite, due to its abundance) and iron oxide (magnetite-hematite).

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Colombia—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Currently, the project has field infrastructure that supports access to the Mineral Resource with roads, accommodation, and office and surface infrastructure for pre-logging and organisation of the drilling core. There is a core shed facility in the city of Ibagué where geological and geotechnical logging was performed in the past.

Mineral processing
The project is currently at an early stage. However, flotation of sulphide ore is being considered as a treatment option.

QUEBRADONA
Property description
The Quebradona project is wholly-owned and managed by AngloGold Ashanti and comprises the Nuevo Chaquiro deposit, a significant copper-gold porphyry. The project was previously a joint venture between AngloGold Ashanti and B2Gold. It completed a conceptual study in 2016 as well as a pre-feasibility study in 2018, which supported first-time reporting of a Mineral Reserve. When B2Gold’s participation dropped below five percent during 2019, AngloGold Ashanti became the 100 percent owner and manager of the project. B2Gold will be entitled to a royalty equal to two percent of the net profit generated from the sale of any mineral product by the project.

Quebradona will be a copper mine with gold and silver as by-products and is at a development stage. The preferred mining method is sub-level caving to extract the mineral deposit from underground. While the permits for the construction and mining operation had been approved by the relevant mining authority (Secretaría de Minas de Antioquia), the national environmental authority (Autoridad Nacional de Licencias Ambientales or “ANLA”) archived AngloGold Ashanti's environmental licence application relating to the Quebradona project in November 2021. AngloGold Ashanti is in the process of preparing a new Environmental Impact Assessment for the Quebradona project to submit to ANLA in connection with its environmental licence application.

Location
The Quebradona project is situated in the Middle Cauca region of Colombia, in the Department of Antioquia, 90km southwest (104km commute via the national highway) of Medellín, the capital of the Antioquia Department.





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Mineralisation style
Five main targets have been identified in the exploration work, namely Nuevo Chaquiro, Aurora, Tenedor, Isabela, and La Sola. Nuevo Chaquiro is the most advanced ofand the targets.sole mineral deposit considered in the feasibility study and licensing process. Nuevo Chaquiro, a significant copper-gold porphyry,porphyry-style mineralised system, 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 kilometres75km 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.

drilling. Quebradona will be a copper mine with gold and silver as by-products.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Colombia—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
The Quebradona project site is close to an existing national highway, as well as state and rural roads, and HV/MVhigh or medium voltage power infrastructure. The planned mining method is sub level caving. The planned underground infrastructure consists of an adittwin adits 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 internala centralised (underground) crusher by load and haul dump vehicles.

Crushed material will then be transferred downhill to surface via a 6 kilometre6km conveyor, inthrough a dedicated adit to a single coarse ore stockpile.


GeologyMineral processing
Feasibility study test work confirmed that the ore will be treated by a typical porphyry copper flotation circuit producing copper and gold concentrate from the processing of approximately 6.2Mtpa of underground ore over a 23-year operating period. Ore extracted from the sub-level cave is crushed underground where tramp metal is removed before loading onto the underground conveyor system for delivery to the surface processing coarse ore stockpile with a 24-hour live capacity (approximately 21,300t).

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.proposes a processing circuit that includes primary crushing 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 comprisessecondary crushing, high pressure grinding rolls, oneball milling, rougher-scavenger flotation for all elements (copper, gold, silver as well as pyrite), followed by regrinding of the concentrate and cleaning using a mix of column and mechanically agitated cells. The majority of the pyrite in the ore reports to the cleaner circuit tails and will be stored in a lined and eventually sealed impoundment within the TSF to avoid any potential acid rock drainage from the bulk high volume rougher tails. Molybdenum is present in the ore and is not planned for recovery in the initial stages of production.

UNITED STATES OF AMERICA (NEVADA)
All projects are exploration stage grindingproperties wholly-owned by AngloGold Ashanti. The Silicon project is located approximately 12km east of the town of Beatty in Nye County, Nevada, USA. The North Bullfrog project is located approximately 14km northwest of the town of Beatty. The Mother Lode project is located 10km east of the town of Beatty. The Secret Pass and CIL recoveryDaisy deposits of the Sterling project are located 6km east of the town of Beatty. The remaining deposits of the Sterling project are located 14km southeast of the town of Beatty.

North Bullfrog and Mother Lode were acquired through the acquisition of Corvus Gold in January 2022. Sterling, which includes the Crown Block deposits of SNA, Secret Pass and Daisy, was acquired through the acquisition of Coeur Sterling in November 2022. The addition of the North Bullfrog project as well as the Mother Lode and Sterling projects into the AngloGold Ashanti North America portfolio, together with the Silicon project and other exploration targets, provides the opportunity to develop a world-class operational cluster within the Beatty district in Nevada.

The North Bullfrog project is the most advanced of AngloGold Ashanti’s exploration properties within the Beatty district, an area with a capacitylong history of between 8gold mining. A first-time Mineral Resource at Silicon was declared in 2021. North Bullfrog, Mother Lode and 9Mtpa.Sterling declared Mineral Resource for the first time in 2022. The 2019 achieved annual throughputNorth Bullfrog project is currently progressing through a feasibility study, while the Silicon project is progressing through a pre-feasibility study.

NORTH BULLFROG
Property description
The North Bullfrog project is an exploration stage property wholly-owned and managed by AngloGold Ashanti. North Bullfrog is currently progressing through a feasibility study. The proposed mining method is conventional open pit mining. No Mineral Reserve has been declared at North Bullfrog.




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An additional geotechnical study is underway for feasibility study level pit design slope recommendations. The blast fragmentation size is another area of opportunity to deliver improved value in heap leach ROM ore recovery. The mining rate was 8.65Mtpa. Power is suppliedan area of notable opportunity, as are selectivity studies.

Further metallurgical testing will be needed during operation to ensure that ore is routed to the correct processing option. The study and definition of the unoxidised mineralised zones below the current mine by on site gasplan are a significant opportunity and diesel power stations, natural gaswill add value if they are found to be sufficiently amenable to the process flowsheets available in the North Bullfrog project.

Location
The North Bullfrog project is supplied vialocated approximately 14km northwest of the town of Beatty in Nye County, Nevada, USA. The project is within the Bullfrog Hills subdistrict, of the Bullfrog Hills-Bare Mountains District.The Bullfrog Hills-Bare Mountains District is an APA Operations (Pty) Limited pipeline.historic mining centre that produced approximately 3Moz of gold and 4Moz of silver, primarily from the Barrick-owned Bullfrog pit.


GeologyMineralisation style
The project lays within the Walker Lane mineral belt and the Southwestern Nevada Volcanic Field ("SWNVF"). The regional stratigraphy includes a basement of Late Proterozoic to Late Paleozoic metamorphic and sedimentary rocks. The North Bullfrog project is a combination of four mineralised deposits comprised of YellowJacket, Sierra Blanca, Jolly Jane, and Mayflower. The YellowJacket deposit is a very continuous high-grade vein within the moderate-grade stockwork mineralisation. The other three deposits are low to medium-grade.

Gold mineralisation at Tropicana occursNorth Bullfrog is primarily hosted in high metamorphicthe middle Miocene Sierra Blanca tuff. Two styles of precious metal epithermal mineralisation are present at the project: high-grade, structurally controlled fissure veins and associated stockwork zones, and low-grade disseminated or replacement deposits within altered volcanic rocks. Two district-scale north striking normal faults are the dominant structural features in the project area, but several smaller-scale faults between them are important controls for distribution of hydrothermal alteration and gold mineralisation.

Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—United States of America (Nevada)—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Currently, there is minimal infrastructure on-site, as it is an exploration area. Current access roads are unsealed and will require upgrading prior to commencing the project. The North Bullfrog project is in Nevada, which has several large mining operations currently in production, and as such provides access to all required major mining and processing equipment. The transport infrastructure in Nevada is very well established and maintained.

The town of Beatty and urban centres in the region such as Pahrump and Las Vegas offer infrastructure and services that can support the operation.

Mineral processing
Processing will include heap leaching of lower grade gneissic rocks,oxide ores that have demonstrated amenability to this process during metallurgical characterisation programs. Higher grade material containing some coarse gold will be processed in a mill. The leached tails from the mill will be dewatered and combined with heap leach material delivered from the mine.

SILICON
Property description
The Silicon project is an exploration stage property wholly-owned and managed by AngloGold Ashanti. Mineral Resource conversion drilling was a focus during 2022, which dip gentlysupported an ongoing pre-feasibility study. The nature of the Silicon mineralisation lends itself to conventional large scale open pit mining. No Mineral Reserve has been declared at Silicon.

Location
The Silicon project is located approximately 12km east of the town of Beatty in Nye County, Nevada, USA. The project is within the Bare Mountains subdistrict, of the Bullfrog Hills-Bare Mountains District.



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Mineralisation style
The project resides within the southern extension of the Walker Lane trend and overlies the far-western margins of the SWNVF. The main mineralisation event occurred at approximately 11.6Ma in the hiatus between large scale ignimbrite events, in apparent association with rhyolitic volcanism. There is a strong structural control to the south east.higher-grade mineralisation, with it being centred on the Silicon-Tramway faults. Lower-grade disseminated gold mineralisation is hosted in a rhyolite flow ascribed to the rhyolite of Picture Rock. Actual gold deposition appears to have occurred under less acidic and low to intermediate sulphidation conditions. Mineralisation at Silicon exhibits a strong vertical control and is structurallystrongly associated with the emplacement of hydrothermal breccias and banded epithermal veins. Pre-existing subvertical faults, particularly centred on the Silicon-Tramway fault system, strongly controlled the emplacement of the quartz ± pyrite veinlet zones. Disseminated adularia-quartz-pyrite mineralisation is a second-order stratigraphic feature and occurs withinis closely associated with a preferred hostfavourable lava flow unit within the gneissic package.  Post mineralisation faulting has separated the once continuous ore zone, with open pits developed on eachapproximately 14Ma rhyolite of the fault bounded blocks.Picture Rock.



Legal aspects and tenure
ORE RESERVE

Refer to “Item 4B: Business Overview—The combined Proven and Probable gold Ore ReserveRegulatory Environment Enabling AngloGold Ashanti to Mine—Americas—United States of the group amounted to 43.8 million ounces (Moz) as at 31 December 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 America (Nevada)—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
The Silicon project area currently has minimal infrastructure on site, as it is an exploration area. Current access roads are unsealed and will require upgrading prior to mine. In addition, ascommencing the project. The scope of the dateSilicon project is similar to several large mining operations currently in production, and existing suppliers are well established in Nevada to support mining and processing operations. The transport infrastructure in Nevada is very well established and maintained.

The town of reporting, all OreBeatty and urban centres in the region such as Pahrump and Las Vegas offer infrastructure and services that can support the operation.

Mineral processing
Mineralised rock from the Silicon project will be processed on heap leach pads. Material found to be amenable to leaching at coarse sizes will be delivered directly to the pad from the mine for leaching (ROM heap leaching). Deeper, less weathered mineralised rock that was found to be more sensitive to the particle size will be crushed as needed to improve the production from the leach facility.

MOTHER LODE
Property description
The Mother Lode project is an exploration stage property wholly-owned and managed by AngloGold Ashanti. A preliminary economic assessment was completed by Corvus Gold in 2020, resulting in the declaration of a Mineral Resource. AngloGold Ashanti acquired Corvus Gold in January 2022. The Mother Lode gold deposits contain mineralisation at or near the surface that is suitable for open pit mining methods. No Mineral Reserve has been declared at Mother Lode.

Location
The Mother Lode project is covered by required mining permits or therelocated approximately 10km east of the town of Beatty in Nye County, Nevada, USA. The project is within the Bare Mountains subdistrict, of the Bullfrog Hills-Bare Mountains District.

Mineralisation style
The project lies within the Walker Lane mineral belt and the SWNVF. Mother Lode is characterised as a sediment, intrusive and locally volcanic-hosted disseminated gold deposit. Mineralisation most closely resembles Carlin-type sediment-hosted gold deposits of north-central Nevada. Mother Lode consists of structurally and stratigraphically-controlled disseminated gold mineralisation hosted primarily in rhyolite porphyry dykes, sedimentary rocks of Joshua Hollow, and to a lesser degree, Paleozoic sedimentary rocks. The primary structural control feeding mineralisation at Mother Lode is a high probabilityseries of north-trending, 50° to 70° west-dipping rhyolite dyke-filled structures. Mineralisation is both semi-tabular and highly irregular as fluids ascended along dyke-filled structures in the underlying Paleozoic rocks through the Tertiary unconformity and expanded upward into the Tertiary section. Mineralising fluids appear to have bled out laterally away from mineralised dykes into favourable permeable lithologies and secondary structures.






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Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—United States of America (Nevada)—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
The Mother Lode project area currently has minimal infrastructure on-site, as it is an exploration area with a reclaimed overburden facility and a small open pit. Current access roads are unsealed and will require upgrading prior to commencing the project. The Mother Lode project is in Nevada, which has several large mining operations currently in production, and as such provides access to all required major mining and processing equipment. The transport infrastructure in Nevada is very well established and maintained.

The town of Beatty and urban centres in the region such as Pahrump and Las Vegas offer infrastructure and services that these approvalscan support the operation.

Mineral processing
Previous operations included crushing and heap leaching of oxide ores from the Mother Lode pit. Mineralised material from the expanded pit will be secured.

AngloGold Ashanti has standard procedures forprocessed either without crushing on a heap leach pad (oxidised material) or in a mill using agitated tank bio-oxidation and cyanidation (sulphide). Although 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 usedsulphide mineral samples responded well to determine an optimal mining mix. This process facilitates the determination of the average gradethis method, additional work will need 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 revieweddone to ensure that it satisfiesbio-oxidation is the economic criteriamost appropriate pre-oxidation process for this project.

STERLING
Property description
The Sterling project is an exploration stage property, wholly-owned and practical limitationsmanaged by AngloGold Ashanti. In November 2022, AngloGold Ashanti acquired the Sterling project through its acquisition of accessCoeur Sterling. The Sterling project includes the Crown Block deposits of SNA, Secret Pass and timing. IfDaisy, and the review process is positive, thentenements surrounding 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 modelproperties. The elevation of the ore body using estimated values for gold price, operating costs and metallurgical recoveries. An optimization processoperation is then applied to determinearound 1,200m, on the combinationlower, eastern slopes of blocks withinBare Mountain. The local terrain is characterised by rounded or craggy ridges separated by ephemeral washes. The northern “Crown” strip comprises the model that make a positive contribution under these estimations. Block selection is within a shell whose limits are defined by the planned slope anglesgeneral area of Fluorspar Canyon. No Mineral Reserve has been declared at Sterling.

Open pit mining of the pit. Within this process, a cut-off gradeSterling mine deposit began in 1980 and continued until 1989. Underground mining began in 1980 and proceeded until mid-1997 when market conditions impacted profitability. The Crown deposits contain mineralisation at or near the surface that 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 practicalsuitable for open pit mining constraints and limitations. Scheduled ore blocks that are classified as Proven or Probable constitute the Ore Reserve.methods.


The gold price used for determining the 2019Mineral Resource is based on estimates that contain inherent risk and 2018 Ore Reserve are outlined in the following table:
 2019
 2019
 2018
 

Units
(3 year
average)

 
(Ore
Reserve)

 
(3 year
average)

 
Ore Reserve Gold Price1,307
 1,100
 1,258
 $ per ounce  

The copper price used for determining the 2019depend upon geological interpretation and 2018 Ore 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 indicatesstatistical inferences drawn from drilling and sampling analyses. Based on uncertainty due to geological interpretation from widespread drill hole information, an Inferred Mineral Resource confidence was applied to all of the SAMREC Ore Reserve, apart from CVSA,Sterling Mineral Resource. Further Mineral Resource drilling and appropriate analyses will be required to upgrade the confidence to an Indicated Mineral Resource.

Location
The Sterling property is economic and meetssituated in southern Nye County, Nevada, near the requirementstown of Beatty, about 185 km northwest of Las Vegas. The project is within the Bare Mountains subdistrict, of the SEC.Bullfrog Hills-Bare Mountains District. The CVSA SEC ReserveSecret Pass and Daisy deposits of the Sterling project are located 6km east of the town of Beatty. The remaining deposits of the Sterling project are located 14km southeast of the town of Beatty.

Mineralisation style
The Sterling deposits are characterised as either epithermal deposits (Secret Pass) like the North Bullfrog and Silicon deposits or Carlin type deposits (Daisy, Sterling and SNA). The Carlin-type deposits are sediment-hosted, disseminated precious metal deposits, found in the Great Basin province of eastern Nevada which formed during profound crustal extension and high heat flow beginning in the mid-Tertiary (approximately 35Ma to 40Ma).

Sterling is typical of sediment-hosted, disseminated precious metal deposits also termed Carlin-type deposits. Gold occurs in the rims of microscopic arsenian pyrite grains. Significant mineralisation occurs in:
Gouge or breccia in the Reudy Fault zone and locally along the dyke margin;
Adjacent to the fault (on both sides) in Bonanza King silty dolostone or dolostone, and to a lesser degree in underlying Carrara silty limestone or limestone (proximity to the Reudy Fault is not requisite for mineralisation); and
In hydrothermal breccias derived from the above lithologies.




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Legal aspects and tenure
Refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—United States of America (Nevada)—AngloGold Ashanti’s rights and permits”.

Processing plants and other available facilities
Sterling is accessible by road from Las Vegas, a distance of 185km via U.S. Highway 95. A good secondary, 13km long gravel road turns off the north side of the highway at mile 45.9, 24km southeast of the town of Beatty. The gravel road is maintained by Nye County and Sterling personnel. Las Vegas is the nearest major airport. Mine buildings consist of several trailers used for office work, geological research and logging, sample preparation (during mining), and personnel facilities. A large steel container is used to securely store 144 Zone drill core, pulps, and rejects. There is also a large mechanical shop for on-site maintenance of equipment and vehicles. Electrical power is provided by a generator on-site. The mine has no living quarters or canteen and is currently on care and maintenance.

The town of Beatty and urban centres in the region such as Pahrump and Las Vegas offer infrastructure and services that can support the operation.

Mineral processing
Previous processing included heap leaching the oxidised Sterling mine ore. After mine production ceased, the heap leach pad continued to be turned over until October 2001, with additional ore from a low-grade stockpile added in early 2001. Gold recovery continued until August 2002 when a final strip was carried out. Mineralised material from the Crown deposits will be 0.077Moz less thanprocessed either without crushing on a heap leach pad (oxidised material) or in a mill using agitated tank bio-oxidation and cyanidation (sulphide).


MINERAL RESOURCE AND MINERAL RESERVE

In October 2018, the SAMREC OreUnited States Securities and Exchange Commission (“SEC”) adopted Subpart 1300 of Regulation S-K (17 CFR § 229.1300) (“Regulation S-K 1300”), along with amendments to related rules and guidance, in order to modernise the property disclosure requirements for mining registrants under the Securities Act and the Securities Exchange Act. Registrants engaged in mining operations were required to comply with the final rules of Regulation S-K 1300 for the first fiscal year beginning on or after 1 January 2021. Accordingly, this is the second fiscal year in which the Company is providing disclosure in compliance with Regulation S-K 1300.

Mineral Resource and Mineral Reserve dueare estimates that contain inherent risk and depend upon geological interpretation and statistical inferences drawn from drilling and sampling analysis, which may prove to be unreliable. For additional information on the hyperinflationrisks and uncertainties associated with AngloGold Ashanti’s mining properties, see “Item 3D: Risk Factors".

Price assumptions
The Mineral Resource and Mineral Reserve are based on the use of reasonable economic assumptions which provide a reasonable basis for establishing the US$/ARSreasonable prospects of economic extraction for the Mineral Resource, and for establishing the expected price for the Mineral Reserve. These economic assumptions, which include long-range commodity price, exchange rate where the three-year average SEC exchange rateforecasts and management estimates using a range of 32.21 is much lower compared to the AGA exchange rate (based on the last year rates only) of 51.89.techniques including historic price averages, are prepared in-house and reviewed annually. AngloGold Ashanti selects a conservative OreMineral Reserve price relative to its peers, in line with AngloGold Ashanti’speers. This is done to fit into its strategy of including a margin in the mine planning process. The resultant plan is then valued at a higher business planning price.


In South Africa,



131


Gold price
The following gold prices were used as the basis for estimation, unless otherwise stated:
Local prices of gold(1)
Gold price(1)
AustraliaBrazilArgentinaColombia
$/ozAUD/ozBRL/ozARS/ozCOP/oz
Mineral Reserve
20221,4001,9197,830208,0004,261,380
20211,2001,6336,182134,4523,849,000
Mineral Resource
20221,7502,4169,401253,5006,076,725
20211,5002,0727,940173,0655,336,250

Copper price
The following copper prices(2) were used as the basis for estimation, unless otherwise stated:
Copper price(1)(2)
Local price of copper(1)(2)
$/lbCOP/lb
Mineral Reserve
20222.909,302
20212.909,302
Mineral Resource
20223.5012,451
20213.5012,451

Notes:
(1) Considered over the period 2012 to 2022.
(2) Only applicable to the Quebradona project.

The Mineral Resource, as reported, is exclusive(1) of the Mineral Reserve component. Mineral Resource and Mineral Reserve estimates are reported as at 31 December 2022 and are net of 2022 production depletion.

MINERAL RESOURCE

Gold

The AngloGold Ashanti is legally required to publicly report Ore Reservegold Measured and Indicated Mineral Resource according(exclusive of Mineral Reserve(*)) increased from 51.7Moz as at 31 December 2021 to 60.6Moz as at 31 December 2022. The net increase of 8.8Moz for Measured and Indicated Mineral Resource includes 3.6Moz in relation to the South African Codefirst-time reporting of the Mineral Resource for ReportingNorth Bullfrog and Mother Lode (following the Corvus Gold acquisition). Increases due to changes in economic assumptions of Exploration Results, Mineral Resources1.3Moz, and Mineral Reserves (The SAMREC Code, 2016 edition). exploration and modelling changes of 6.6Moz were partially offset by other factors of 2.7Moz.

The SEC’s Industry Guide 7 does not recognise Mineral Resource. Accordingly, AngloGold Ashanti does not report estimatesgold Inferred Mineral Resource(exclusive of Mineral Reserve(*)) decreased from 42.3Moz as at 31 December 2021 to 40.8Moz as at 31 December 2022. The net decrease of 1.6Moz for Inferred Mineral Resource includes decreases due to exploration and modelling changes of 3.1Moz and other factors of 1.3Moz. This decrease was partially offset by an increase of 1.5Moz in this annual report on Form 20-F.relation to the first-time reporting of the Mineral Resource for North Bullfrog, Mother Lode and Sterling (following the Corvus Gold and Coeur Sterling acquisitions), and changes in economic assumptions of 1.3Moz.



The Mineral Resource was estimated using a gold price of $1,750/oz, unless otherwise stated (2021: $1,500/oz). Refer to the below table, prepared in accordance with Table 1 to Paragraph (b) of Item 1303 of Regulation S-K.



Copper
Gold:
The AngloGold Ashanti copper Mineral Resource(exclusive of Mineral Reserve(*)) remained unchanged at 1.32Mt (2,902Mlb) Measured and Indicated Mineral Resource and 1.47Mt (3,231Mlb) Inferred Mineral Resource as at 31 December 2022 as compared to 31 December 2021, as a feasibility study optimisation is still ongoing and no



132


additional exploration has been completed at Quebradona. The Mineral Resource was estimated at a copper price of $3.50/lb, unless otherwise stated (2021: $3.50/lb). Refer to the below table, prepared in accordance with Table 1 to Paragraph (b) of Item 1303 of Regulation S-K.

MINERAL RESERVE

Gold

The AngloGold Ashanti Oregold Mineral Reserve reducedincreased from 44.1Moz in28.1Moz as at 31 December 20182021 to 43.8Moz in28.8Moz as at 31 December 2019.2022. This grossexcludes Gramalote, as the joint operation partner has decided not to publish the Mineral Reserve. This annual decreasenet increase of 0.3Moz0.7Moz includes depletion of 3.7Moz. The increase before depletion of 3.4Moz, resulted from additions due to exploration and modelling changes of 3.6Moz,2.9Moz and changes in economic assumptions of 0.4Moz1.0Moz. This increase was partially offset by depletion of 2.9Moz and a change in ownershipreductions due to other factors of 0.1Moz. Other factors resulted in a 0.7Moz reduction.0.3Moz. The OreMineral Reserve was estimated using a gold price of US$1,100/$1,400/oz, (2018: US$1,100/unless otherwise stated (2021: $1,200/oz). Refer to the below table, prepared in accordance with Table 2 to Paragraph (b) of Item 1303 of Regulation S-K.

Copper

The principal changes in AngloGold Ashanti’s OreAshanti copper Mineral Reserveremained unchanged at 1.47Mt (3,250Mlb) as at 31 December 2019,2022 as compared with those published as atto 31 December 2018, are2021, as follows:
ORE RESERVE - GOLDMoz
Ore Reserve as at 31 December 201844.1
Depletions(3.7)
Sub Total40.4
AdditionsDue To
Obuasi
Model updates which resulted in new designs for Sansu, Blocks 8 and 11.
1.3
KibaliExploration which upgraded Inferreda feasibility study optimisation is still ongoing and no additional exploration has been completed at Quebradona. The 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 Star and Comet and the steepening of the planned eastern pit wall at Nyankanga Cut 8.0.8
AGA Mineração
Additions to the Cuiabá model, mainly at Serrotinho, which were countered by increased costs used in the feasibility study for mining of the secondary orebodies as well as a review of mining methods. At Lamego, additions resulted from exploration at Carruagem.
0.5
IduapriemInclusion of Block 5 in the Ore Reserve given reduced mining costs.0.5
QuebradonaRemodelling and change in ownership.0.3
OtherAdditions less than 0.3Moz.0.3
Sub Total44.9
Reductions
OtherReductions less than 0.3Moz.(1.1)
Ore Reserve as at 31 December 201943.8

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/$2.90/lb, (2018: US$2.65/unless otherwise stated (2021: $2.90/lb). Refer to the below table, prepared in accordance with Table 2 to Paragraph (b) of Item 1303 of Regulation S-K.

Notes:
(*) The Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”) is defined as the Inclusive Mineral Resource less the Mineral Reserve before dilution and other factors are applied.



133
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



The below table is prepared in accordance with Table 1 to Paragraph (b) of Item 1303 of Regulation S-K - Summary Mineral Resource(1) (exclusive of Mineral Reserve) for gold at the end of the fiscal year ended 31 December 2022, based on an estimated gold price of $1,750/oz, unless otherwise stated.
Mineral Resource (1)
MeasuredIndicatedMeasured and Indicated TotalInferred
Gold
Tonnes (3)
GradeContained Gold
Tonnes (3)
GradeContained Gold
Tonnes (3)
GradeContained Gold
Tonnes (3)
GradeContained Gold
as at 31 December 2022Milliong/tTonnesMozMilliong/tTonnesMozMilliong/tTonnesMozMilliong/tTonnesMoz
Africa Region11.14 4.23 47.19 1.52 259.42 1.93 499.44 16.06 270.57 2.02 546.63 17.57 201.72 3.01 607.95 19.55 
Democratic Republic of the Congo7.22 3.18 22.97 0.74 22.15 2.64 58.44 1.88 29.37 2.77 81.41 2.62 13.16 2.61 34.43 1.11 
Kibali (45 %)(2)(9)(13)
7.22 3.18 22.97 0.74 22.15 2.64 58.44 1.88 29.37 2.77 81.41 2.62 13.16 2.61 34.43 1.11 
Ghana2.12 7.89 16.72 0.54 82.17 2.94 241.81 7.77 84.28 3.07 258.53 8.31 73.25 5.27 385.68 12.40 
Iduapriem(13)
0.15 0.89 0.14 — 54.50 1.36 74.21 2.39 54.66 1.36 74.35 2.39 33.45 1.42 47.52 1.53 
Obuasi(13)(14)
1.96 8.44 16.59 0.53 27.66 6.06 167.59 5.39 29.63 6.22 184.18 5.92 39.80 8.50 338.17 10.87 
Guinea    114.79 1.02 117.24 3.77 114.79 1.02 117.24 3.77 79.10 1.16 92.13 2.96 
Siguiri (85 %)(2)(13)
—  — — 114.79 1.02 117.24 3.77 114.79 1.02 117.24 3.77 79.10 1.16 92.13 2.96 
Tanzania1.80 4.15 7.50 0.24 40.32 2.03 81.96 2.63 42.12 2.12 89.45 2.88 36.21 2.64 95.71 3.08 
Geita(13)
1.80 4.15 7.50 0.24 40.32 2.03 81.96 2.63 42.12 2.12 89.45 2.88 36.21 2.64 95.71 3.08 
Americas Region16.88 4.20 70.94 2.28 41.41 2.77 114.85 3.69 58.29 3.19 185.78 5.97 61.85 3.57 220.98 7.10 
Argentina4.82 2.88 13.89 0.45 17.49 2.23 39.09 1.26 22.31 2.37 52.98 1.70 5.00 2.35 11.74 0.38 
Cerro Vanguardia (92.5 %)(2)(4)(13)
4.82 2.88 13.89 0.45 17.49 2.23 39.09 1.26 22.31 2.37 52.98 1.70 5.00 2.35 11.74 0.38 
Brazil12.06 4.73 57.05 1.83 23.92 3.17 75.76 2.44 35.98 3.69 132.80 4.27 56.85 3.68 209.24 6.73 
AGA Mineração - Córrego do Sítio(13)
3.07 3.31 10.18 0.33 7.92 3.19 25.24 0.81 10.99 3.22 35.42 1.14 20.46 3.94 80.63 2.59 
AGA Mineração - Cuiabá(5)(13)
4.17 7.66 31.96 1.03 2.73 5.83 15.93 0.51 6.91 6.93 47.89 1.54 12.56 4.95 62.20 2.00 
AGA Mineração - Lamego(5)(13)
1.18 2.92 3.44 0.11 3.05 1.98 6.05 0.19 4.23 2.24 9.49 0.31 4.56 2.12 9.65 0.31 
Serra Grande(13)
3.63 3.15 11.46 0.37 10.21 2.79 28.54 0.92 13.85 2.89 40.01 1.29 19.26 2.95 56.76 1.82 
Australia Region38.85 1.44 55.96 1.80 30.58 1.58 48.40 1.56 69.44 1.50 104.36 3.36 55.36 2.25 124.79 4.01 
Sunrise Dam(13)
20.31 1.64 33.27 1.07 22.79 1.56 35.60 1.14 43.09 1.60 68.87 2.21 29.28 2.02 59.19 1.90 
Butcher Well (70 %)(2)(11)
— — — — — — — — — — — — 3.06 3.49 10.67 0.34 
Tropicana (70 %)(2)(13)
18.55 1.22 22.69 0.73 7.79 1.64 12.80 0.41 26.34 1.35 35.49 1.14 23.02 2.39 54.93 1.77 
Projects98.19 0.40 38.96 1.25 1,311.77 0.77 1,007.67 32.40 1,409.96 0.74 1,046.63 33.65 682.59 0.46 314.29 10.10 
Colombia45.15 0.37 16.93 0.54 1,071.76 0.78 838.58 26.96 1,116.91 0.77 855.51 27.51 558.94 0.44 244.17 7.85 
Gramalote (50 %)(2)(10)(11)
— — — — 89.36 0.70 62.38 2.01 89.36 0.70 62.38 2.01 35.11 0.53 18.67 0.60 
La Colosa(7)(11)
— — — — 833.49 0.87 726.31 23.35 833.49 0.87 726.31 23.35 217.89 0.71 154.86 4.98 
Quebradona(4)(6)(8)(12)
45.15 0.37 16.93 0.54 148.91 0.34 49.89 1.60 194.06 0.34 66.82 2.15 305.94 0.23 70.64 2.27 
United States of America53.04 0.42 22.04 0.71 240.01 0.70 169.09 5.44 293.05 0.65 191.12 6.14 123.65 0.57 70.13 2.25 
North Bullfrog(4)(11)
28.71 0.24 6.77 0.22 82.54 0.37 30.18 0.97 111.25 0.33 36.95 1.19 44.35 0.25 11.07 0.36 
Silicon(4)(11)
— — — — 121.56 0.87 105.90 3.40 121.56 0.87 105.90 3.40 36.03 0.70 25.23 0.81 
Mother Lode(4)(8)(11)
24.33 0.63 15.26 0.49 35.91 0.92 33.01 1.06 60.24 0.80 48.28 1.55 9.86 0.55 5.39 0.17 
Sterling(11)(15)
— — — — — — — — — — — — 33.41 0.85 28.43 0.91 
AngloGold Ashanti Total165.06 1.29 213.05 6.85 1,643.18 1.02 1,670.35 53.70 1,808.25 1.04 1,883.40 60.55 1,001.52 1.27 1,268.02 40.77 



134



Notes:
Rounding of numbers may result in computational discrepancies in the Mineral Resource tabulations. The Mineral Resource estimates with respect to our material properties have been prepared by the Qualified Persons (employed by AngloGold Ashanti strivesunless stated otherwise). The net difference between the Mineral Resource at the end of the last completed fiscal year and the preceding fiscal year will be detailed for material properties, if applicable. To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to actively create valuetwo decimals. All ounces are Troy ounces. “Moz” refers to million ounces.
(1) All disclosure of Mineral Resource is exclusive of Mineral Reserve. The Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”)
is defined as the inclusive Mineral Resource less the Mineral Reserve before dilution and other factors are applied. (2) Mineral Resource attributable to AngloGold Ashanti’s percentage interest shown.
(3) "Tonnes" refers to a metric tonne which is equivalent to 1,000 kilograms.
(4) The inclusive Mineral Resource contains 81.7Moz of silver for Cerro Vanguardia; 92.9Moz of silver for Quebradona; 6.0Moz of silver for North Bullfrog;
17.8Moz of silver for Silicon and 1.9Moz of silver for Mother Lode as a by-product.
(5) The inclusive Mineral Resource contains 1.60 million tonnes of sulphur as a by-product for AGA Mineração - Cuiabá and Lamego.
(6) The inclusive Mineral Resource contains 89.3 kilotonnes of molybdenum as a potential by-product.
(7) Based on a gold price of $1,400/oz.
(8) Based on a gold price of $1,500/oz.
(9) Operated by growing its major asset -Barrick Gold Corporation ("Barrick"). AngloGold Ashanti has recognised that in preparing this annual report, the Ore Reserve. This drive isQualified Persons have, relied on information provided by Barrick. Based on a gold price of $1,700/oz. (10) Managed by B2Gold Corp. Based on a gold price of $1,800/oz.
(11) Property currently in an exploration stage.
(12) Property currently in a development stage.
(13) Property currently in a production stage.
(14) Open pit based on a well-defined brownfieldsgold price of $1,600/oz.
(15) Based on a gold price of $1,700/oz.

The below table is prepared in accordance with Table 1 to Paragraph (b) of Item 1303 of Regulation S-K - Summary Mineral Resource(1) (exclusive of Mineral Reserve) for copper at the end of the fiscal year ended 31 December 2022, based on an estimated copper price of $3.50/lb, unless otherwise stated.

Mineral Resource (1)
MeasuredIndicatedMeasured and Indicated TotalInferred
Copper
Tonnes (2)
GradeContained Copper
Tonnes (2)
GradeContained Copper
Tonnes (2)
GradeContained Copper
Tonnes (2)
GradeContained Copper
as at 31 December 2022Million%CuTonnes MillionPounds MillionMillion%CuTonnes MillionPounds MillionMillion%CuTonnes MillionPounds MillionMillion%CuTonnes MillionPounds Million
Americas Region45.15 0.69 0.31 684 148.91 0.68 1.01 2,218 194.06 0.68 1.32 2,902 305.94 0.48 1.47 3,231 
Colombia45.15 0.69 0.31 684 148.91 0.68 1.01 2,218 194.06 0.68 1.32 2,902 305.94 0.48 1.47 3,231 
Quebradona(3)(4)(5)
45.15 0.69 0.31 684 148.91 0.68 1.01 2,218 194.06 0.68 1.32 2,902 305.94 0.48 1.47 3,231 
AngloGold Ashanti Total45.15 0.69 0.31 684 148.91 0.68 1.01 2,218 194.06 0.68 1.32 2,902 305.94 0.48 1.47 3,231 

Notes:
Rounding of numbers may result in computational discrepancies in the Mineral Resource tabulations. To reflect that figures are not precise calculations and greenfields exploration programme, innovationthat there is uncertainty in both geological modellingtheir estimation, AngloGold Ashanti reports tonnage and mine planninggrade to two decimals and optimizationcontent for copper with no decimals. “Mlb” refers to million pounds.(1) All disclosure of its asset portfolio.Mineral Resource is exclusive of Mineral Reserve. The Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”)

is defined as the Inclusive Mineral Resource less the Mineral Reserve before dilution and other factors are applied.
(2) "Tonnes" refers to a metric tonne which is equivalent to 1,000 kilograms.
(3) The inclusive Mineral Resource contains 92.9Moz of silver as a by-product.
(4) The inclusive Mineral Resource contains 89.3 kilotonnes of molybdenum as a potential by-product.
(5) Property currently in a development stage.





135


The Orebelow table is prepared in accordance with Table 2 to Paragraph (b) of Item 1303 of Regulation S-K - Summary Mineral Reserve for gold at the end of the fiscal year ended 31 December 2022, based on an estimated gold price of $1,400/oz, unless otherwise stated.
Mineral ReserveProvenProbableTotal Mineral Reserve
Gold
Tonnes (2)
GradeContained Gold
Tonnes (2)
GradeContained Gold
Tonnes (2)
GradeContained Gold
as at 31 December 2022Milliong/tTonnesMozMilliong/tTonnesMozMilliong/tTonnesMoz
Africa Region50.54 2.37 120.00 3.86 213.89 2.43 520.44 16.73 264.43 2.42 640.45 20.59 
Democratic Republic of the Congo14.49 3.47 50.33 1.62 29.17 3.15 91.86 2.95 43.67 3.26 142.19 4.57 
Kibali (45 %)(1)(5)(8)
14.49 3.47 50.33 1.62 29.17 3.15 91.86 2.95 43.67 3.26 142.19 4.57 
Ghana11.31 4.42 50.03 1.61 70.08 3.78 264.67 8.51 81.39 3.87 314.70 10.12 
Iduapriem(8)
6.84 1.07 7.30 0.23 48.83 1.39 68.00 2.19 55.67 1.35 75.30 2.42 
Obuasi(8)
4.47 9.55 42.73 1.37 21.25 9.26 196.67 6.32 25.72 9.31 239.40 7.70 
Guinea15.20 0.65 9.95 0.32 75.68 0.83 62.72 2.02 90.88 0.80 72.67 2.34 
Siguiri (85 %)(1)(8)
15.20 0.65 9.95 0.32 75.68 0.83 62.72 2.02 90.88 0.80 72.67 2.34 
Tanzania9.54 1.02 9.70 0.31 38.95 2.60 101.19 3.25 48.49 2.29 110.89 3.57 
Geita(8)
9.54 1.02 9.70 0.31 38.95 2.60 101.19 3.25 48.49 2.29 110.89 3.57 
Americas Region8.16 3.39 27.64 0.89 23.64 2.79 65.88 2.12 31.80 2.94 93.53 3.01 
Argentina2.22 3.20 7.11 0.23 9.16 1.75 16.00 0.51 11.38 2.03 23.11 0.74 
Cerro Vanguardia (92.5 %)(1)(3)(8)
2.22 3.20 7.11 0.23 9.16 1.75 16.00 0.51 11.38 2.03 23.11 0.74 
Brazil5.93 3.46 20.54 0.66 14.48 3.44 49.88 1.60 20.41 3.45 70.41 2.26 
AGA Mineração - Córrego do Sítio(8)
1.17 2.95 3.44 0.11 2.21 4.32 9.53 0.31 3.37 3.84 12.97 0.42 
AGA Mineração - Cuiabá(4)(8)
2.37 4.57 10.82 0.35 5.99 4.22 25.28 0.81 8.35 4.32 36.11 1.16 
AGA Mineração - Lamego(4)(8)
0.35 2.54 0.89 0.03 1.18 2.71 3.20 0.10 1.53 2.67 4.10 0.13 
Serra Grande(8)
2.05 2.63 5.38 0.17 5.10 2.32 11.86 0.38 7.15 2.41 17.24 0.55 
Australia Region21.96 1.54 33.88 1.09 22.30 2.15 47.88 1.54 44.26 1.85 81.76 2.63 
Sunrise Dam(8)
12.02 1.51 18.17 0.58 6.55 2.72 17.83 0.57 18.57 1.94 36.00 1.16 
Tropicana (70 %)(1)(8)
9.94 1.58 15.71 0.51 15.74 1.91 30.05 0.97 25.69 1.78 45.76 1.47 
Projects    120.01 0.67 80.83 2.60 120.01 0.67 80.83 2.60 
Colombia    120.01 0.67 80.83 2.60 120.01 0.67 80.83 2.60 
Quebradona(3)(6)(7)
—  — — 120.01 0.67 80.83 2.60 120.01 0.67 80.83 2.60 
AngloGold Ashanti Total80.66 2.25 181.53 5.84 379.84 1.88 715.03 22.99 460.49 1.95 896.56 28.83 

Notes:
Rounding of numbers may result in computational discrepancies in the Mineral Reserve tabulations. The Mineral Reserve estimates with respect to our material properties have been prepared by the Qualified Persons (employed by AngloGold Ashanti unless stated otherwise). The net difference between the Mineral Reserve at the end of the last completed fiscal year and the preceding fiscal year will be detailed for material properties, if applicable. To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals. All ounces are Troy ounces. “Moz” refers to million ounces.
(1) Mineral Reserve attributable to AngloGold Ashanti’s percentage interest shown.
(2) "Tonnes" refers to a metric tonne which is equivalent to 1,000 kilograms.
(3) The Mineral Reserve contains 21.9Moz of silver for Cerro Vanguardia and 28.1Moz of silver for Quebradona to be recovered as a by-product.
(4) The Mineral Reserve contains 0.29 million tonnes of sulphur to be recovered as a by-product for AGA Mineração - Cuiabá and Lamego.



136


(5) Operated by Barrick. AngloGold Ashanti has recognised that in preparing this document includeannual report, the OreQualified Persons have relied on information provided by Barrick. Based on a gold price of $1,300/oz. Pamoa Main pit was based on a gold price of $1,400/oz and Pamoa South pit was based on a gold price of $1,500/oz. (6) Based on a gold price of $1,200/oz. (7) Property currently in a development stage.
(8) Property currently in a production stage.

The below table is prepared in accordance with Table 2 to Paragraph (b) of Item 1303 of Regulation S-K - Summary Mineral Reserve belowfor copper at the current infrastructureend of underground mines. These include minesthe fiscal year ended 31 December 2022, based on an estimated copper price of $2.90/lb, unless otherwise stated.

Mineral ReserveProvenProbableTotal Mineral Reserve
Copper
Tonnes (1)
GradeContained Copper
Tonnes (1)
GradeContained Copper
Tonnes (1)
GradeContained Copper
as at 31 December 2022Million%CuTonnes MillionPounds MillionMillion%CuTonnes MillionPounds MillionMillion%CuTonnes MillionPounds Million
Americas Region    120.01 1.23 1.47 3,250 120.01 1.23 1.47 3,250 
Colombia    120.01 1.23 1.47 3,250 120.01 1.23 1.47 3,250 
Quebradona(2)(3)
—  — — 120.01 1.23 1.47 3,250 120.01 1.23 1.47 3,250 
AngloGold Ashanti Total    120.01 1.23 1.47 3,250 120.01 1.23 1.47 3,250 

Notes:
Rounding of numbers may result in South Africa, Ghana, Australia, Brazilcomputational discrepancies in the Mineral Reserve tabulations. To reflect that figures are not precise calculations and Colombia.that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage and grade to two decimals and content for copper with no decimals. “Mlb” refers to million pounds.(1) "Tonnes" refers to a metric tonne which is equivalent to 1,000 kilograms.

(2) The Mineral Reserve contains 28.1Moz of silver to be recovered as a by-product.
By-products(3)Property currently in a development stage.






137


BY-PRODUCTS
Several by-products willare expected to be recovered as a result of processing of the gold OreMineral Reserve and copper OreMineral Reserve. These include 0.39Mt0.29Mt of sulphur from Brazil, 18.76Moz21.9Moz of silver from Argentina and 25.95Moz28.1Moz of silver from Colombia. Molybdenum, at present, is not planned for recovery at Quebradona. The Quebradona process plant has been designed to treat underground ore and to produce copper concentrate with provision of space in the plant site for a molybdenum plant in the future.


ExternalCORPORATE GOVERNANCE
AngloGold Ashanti has an established Mineral Resource and Mineral Reserve Leadership Team ("RRLT") that is responsible for setting and overseeing its Mineral Resource and Mineral Reserve governance framework, and for ensuring that it meets the Company’s goals and objectives while complying with all relevant regulatory codes.

The Audit and Risk Committee as well as the Investment Committee of the Company’s board of directors ("board"), review the Mineral Resource and Mineral Reserve and make a recommendation to the board, which provides the final approval for the publication of the Mineral Resource and Mineral Reserve estimates.

AngloGold Ashanti has developed and implemented a rigorous system of internal and external reviews aimed at providing assurance in respect of Mineral Resource and OreMineral Reserve Statement

During the course of 2019,estimates. In 2022, the following operations and projects were subject to an external review in line withon the policybasis that each operation/operation or project will be reviewed by an independent third partythird-party on average once every three years:

•    Mineral Resource and OreMineral Reserve at SiguiriGeita;
•    Mineral Resource and OreMineral Reserve at GeitaCerro Vanguardia; and

•    Mineral Resource at North Bullfrog project.

No material risks were identified following completion of these external reviews.

In addition, numerous internal Mineral Resource and OreMineral Reserve at AGA Mineração Cuiabáprocess reviews were completed by suitably qualified technical experts from within AngloGold Ashanti and Lamego
no significant deficiencies were identified. The Mineral Resource and OreMineral Reserve at AGA Mineração Córrego do Sítio

The external reviews were conductedgovernance framework is underpinned by Golder Associates Pty Ltdappropriate Mineral Resource management processes and certificates of sign-offprotocols that ensure adequate corporate governance. These procedures have been receiveddeveloped to statebe compliant with the guiding principles of the U.S. Sarbanes-Oxley Act of 2002 ("SOX").

AngloGold Ashanti makes use of a web-based group reporting database called the Resource and Reserve Reporting System ("RCubed") for the compilation and authorisation of Mineral Resource and Mineral Reserve reporting. It is a fully integrated system for the reporting and reconciliation of Mineral Resource and Mineral Reserve that supports various regulatory reporting requirements, including the SEC reporting requirements under Regulation S-K 1300, and the JSE reporting requirements under the SAMREC Code. AngloGold Ashanti uses RCubed to ensure a documented chain of responsibility exists from the technical experts at the operations to the Company’s RRLT.

AngloGold Ashanti has also developed an enterprise-wide risk management tool that provides consistent and reliable data that allows for visibility of risks and actions across the group. This tool is used to facilitate, control and monitor material risks to the Mineral Resource and/and Mineral Reserve, thus ensuring that the appropriate risk management and mitigation plans are in place.

If technical experts involved in the estimation of Mineral Resource or OreMineral Reserve comply withfeel that their technical advice has been ignored which may represent a risk to the SAMREC Code.Mineral Resource or Mineral Reserve to be published, they are obliged to inform the RRLT in writing. In addition, AngloGold Ashanti’s “Speak-up” programme can also be used if the technical experts deem they may be compromised in the process. .


Competent Persons

QUALIFIED PERSONS
The information in this annual report on Form 20-F relating to Exploration Results, Mineral ResourcesResource and Ore ReservesMineral Reserve on AngloGold Ashanti’s material properties is based on information compiled by, or under the supervision of, the CompetentQualified Persons, as defined in the SAMREC Code.Regulation S-K 1300. All CompetentQualified Persons arewere employed by AngloGold Ashanti exceptat the time of preparing the Technical Report Summaries in respect of AngloGold’s material properties. However, two of the Qualified Persons who provided the information for the Technical Report Summaries (effective date: 31 December 2021) in respect of Kibali and Morila,Obuasi are no longer employed by AngloGold Ashanti as of the date hereof. Mr. Richard Peattie, the Qualified Person providing information in respect of the Mineral Resource at Kibali, is now employed by Barrick, which has a 45 percent interest in Kibali. Ms. Emmarentia Maritz, the Qualified Person providing information in respect of the Mineral Resource at Obuasi, is now employed by Barrick. Both of these Qualified Persons have



138


provided updated consents to the use of the their names, or any quotation from, or summarisation of, the Technical Report Summaries (effective date: 31 December 2021) prepared by them in this annual report, and to the filing of the Technical Report Summaries (effective date: 31 December 2021) as exhibits hereto. All Qualified Persons have sufficient experience relevant to the style of mineralisation and the type of deposit under consideration, and relevant to the activity which they are undertaking. AngloGold Ashanti has recognised that in preparing this annual report with respect to Kibali, the Qualified Persons have relied on information provided by Barrick. The legal tenure of each operation and projectmaterial property has been verified to the satisfaction of the accountable CompetentQualified Person and all Ore Reserves haveof the Mineral Reserve has been confirmed to be covered by the required mining permits or there exists a realistic expectation that these permits will be issued. The CompetentQualified Persons have provided consent to the inclusion of Exploration Results, Mineral Resource and OreMineral Reserve information in this annual report, in the form and context in which it appears.appears as well as the public filing of the Technical Report Summary for each respective material mining property filed as exhibits hereto.


Qualified Persons
ResponsibilityQualified PersonProfessional organisationMembership numberRelevant experienceQualification
Kibali Mineral Resource
Richard Peattie (1)
FAusIMM301 02926 yearsMPhil (Geostatistics)
Kibali Mineral ReserveRomulo SanhuezaMAusIMM211 79425 yearsBSc Eng (Mining)
Obuasi Mineral Resource
Emmarentia Maritz(1)
SACNASP    118345    19 yearsMSc (Mineral Resource Evaluation)
Obuasi Mineral ReserveDouglas AtangaMAusIMM334 39114 yearsBSc (Mining Engineering)
Geita Mineral ResourceDamon ElderMAusIMM208 24026 yearsBSc Hons (Geology)
Geita Mineral ReserveDuan CampbellECSA202 101 95320 yearsBEng (Mining)
Notes:
All Qualified Persons were employed by AngloGold Ashanti at the time of preparing the Technical Report Summaries in respect of AngloGold’s material properties.
(1) Two of the Qualified Persons who provided the information for the Technical Report Summaries (effective date: 31 December 2021) in respect of
Kibali and Obuasi Mineral Resource are no longer employed by AngloGold Ashanti as of the date hereof and are currently employed by Barrick.

Accordingly, the ChairmanChairperson of the Mineral Resource and OreMineral Reserve Steering Committee, VA Chamberlain, MSc (Mining Engineering)Leadership Team, Mrs. TM Flitton, Master of Engineering (Mining), BSc (Hons) (Geology)Bachelor of Science (Honours, Geology), MGSSA, FAusIMM,RM SME, Pr.Sci.Nat (SACNASP), FGSSA, assumes responsibility for the Mineral Resource and OreMineral Reserve processes for AngloGold Ashanti and is satisfied that the Competent Persons have fulfilled their responsibilities. VA ChamberlainAshanti. Mrs. TM Flitton has 3221 years’ experience in explorationmining with ten years directly leading and miningmanaging Mineral Resource and Mineral Reserve reporting. She is employed full-time by AngloGold Ashanti and can be contacted at the following address: 76 Rahima Moosa Street, Newtown, 2001,112 Oxford Road, Houghton Estate, Johannesburg, 2198, South Africa.

A detailed breakdown Mrs. TM Flitton consents to the inclusion of Mineral Resource and OreMineral Reserve information in this annual report, in the form and backup detail willcontext in which it appears in the narrative disclosure and in the exhibits filed hereto.

GENERAL CONSIDERATIONS

The following considerations should be providednoted in respect of the information in this “Item 4D: Property plants and equipment”:
All figures are expressed on the AngloGold Ashanti website (www.anglogoldashanti.com)an attributable basis unless otherwise indicated;
All disclosure of Mineral Resource is exclusive of Mineral Reserve;
Unless otherwise stated, $ or dollar refers to U.S. dollars;
Group and www.aga-reports.com.Company are used interchangeably;

Mine, operation, business unit and property are used interchangeably;

Gold
Ore Reserve: ImperialAt 31 December 2019  
 
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
(9) 
 (million)  (oz/ton)  (Moz)  (million)
 (oz/ton)
 (Moz)
 percent (oz/ton)
Continental Africa               
Democratic Republic of the Congo               
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               
Iduapriem3.74  0.024  0.09  42.86
 0.040
 1.71
 93.0-95.85
(4) 
 0.025-0.028
(4) 
Obuasi (2)

  
 ��
  26.74
 0.266
 7.12
 87.0  0.120-0.152
(4) 
Guinea               
Siguiri (85 percent) (3)
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) (10)(11)
    
  
 
 
      
Sadiola (41 percent) (3)
    
  27.00
 0.059
 1.58
 75.0-94.0
(4) 
 0.015-0.023
(4) 
Tanzania               
Geita    
  14.81
 0.102
 1.51
 77.8-92.7
(4) 
 0.036-0.115
(4) 
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 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)(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) (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)
1.71  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) 
   Quebradona (2)(6)

  
  
  122.62
 0.021
 2.53
 60.0    
Total144.87  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 Ore Reserve contains 18.76 million ounces of silver for Cerro Vanguardia and 25.95 million ounces for Quebradona to be recovered as a by-product.
(7)
The Ore Reserve contains 0.43 million tons of sulphur to be recovered as a by-product.
(8)
Includes Mine Waste Solutions (MWS).
(9)
In-situ cut-off grade.
(10)
Ore Reserve is estimated by Competent Persons employed by Barrick Gold (Holdings) Limited.
(11)
No Ore Reserve is declared, Morila is only treating tailings and the Ore Reserve has been written off.
(12)
Copper ore cut-off Net Smelter Return (NSR).

Rounding of numbers may result in computational differences.discrepancies;

To reflect that figures are not precise calculations and that there is uncertainty in their estimation, AngloGold Ashanti reports tonnage, grade and content for gold to two decimals and content for copper with no decimals;
Metric tonnes (t) are used throughout this annual report and all ounces are Troy ounces;
Abbreviations used in this annual report include: gold– Au, copper – Cu, silver – Ag, Sulphur – S, molybdenum – Mo;
Internal controls are discussed in the "—Corporate Governance" section above as well as in the “—Mineral Resource and Mineral Reserve Internal Controls Disclosure" section below;
Maps presented for material properties in this Item 4D show infrastructure, licences and coordinates of the mine, as represented by the plant (or stated otherwise), in the geographic coordinate system.



139



Refer to the "Glossary of selected terms—Mining terms" for terminology and definitions used in Mineral Resource and Mineral Reserve reporting under Regulation S-K 1300. In addition, the Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”) is defined as the Inclusive Mineral Resource less the Mineral Reserve before dilution and other factors are applied. The Exclusive Mineral Resource consists of the following components:
Inferred Mineral Resource, including that within the Mineral Reserve design or stope shape;
Mineral Resource that sits above the Mineral Resource cut-off grade but below the Mineral Reserve cut-off grade that resides within the defined Mineral Reserve volume;
Mineral Resource that lies between the life of mine (“LOM”) pit shell or mine design and the Mineral Resource pit shell/mine design (this material will become economic if the gold price increases); and
Mineral Resource in which the technical studies to engineer a Mineral Reserve have not yet been completed.

All reports of Mineral Resource must satisfy the requirement that there are reasonable prospects for economic extraction, regardless of the classification of the Mineral Resource. Portions of a deposit that do not have reasonable prospects for eventual economic extraction are not included in a Mineral Resource. The Mineral Resource is estimated using all relevant drilling and sampling information along with a detailed geological model.

The 2019 Provengeological models are based on combinations of core and/or chip logging, mapping, geophysics, geochemistry and Probable Ore Reserve includes Ore Reserve below infrastructuregeological understanding and have been developed for each deposit. Most of our deposits have been the subject of research by third-party specialists in the relevant class of gold deposit.

The grade estimation for each deposit has been developed over the life of the mine, and is constantly reviewed in terms of grade control information and reconciliation with the metallurgical plant. In general, the open pits and shallow underground mines use kriging with post processing by Uniform Conditioning (“UC”) or Localised Uniform Conditioning (“LUC”) to generate a recoverable Mineral Resource model where appropriate.

In order to comply with the economic requirement of the definition of Mineral Resource, all our Mineral Resource is constrained at an upside gold price, with all other parameters being kept the same as used for estimation of the Mineral Reserve. In the underground gold mines, scoping studies are conducted on all coherent blocks of ground that lie above the calculated Mineral Resource cut-off grade. These studies include all cost and capital requirements to access the block. In the case of open pit operations, pit optimisations are conducted at the following underground minesMineral Resource gold price and all material outside these shells is excluded from the Mineral Resource unless it is potentially mineable from underground.

It is the opinion of AngloGold Ashanti that the Mineral Resource represents a realistic view of an upside potential to the Mineral Reserve. In interpreting the Mineral Resource it is critical to factor in the following:
That there is a reasonable expectation of economic extraction;
The Mineral Resource is quoted in situ and has not been corrected for dilution, mining losses or recovery; and
Many of the areas lying in the Exclusive Mineral Resource are currently in production:being actively drilled and are the subject of economic and technical studies. It can, however, not be assumed at this stage that the Company has intent to mine these areas.

Gold
MineTons (millions) Grade (ounces/ton) 
Gold Content
(million ounces)
Mponeng30.67  0.27  8.17 
Obuasi3.08  0.56  1.72 
Sunrise Dam1.11  0.14  0.16 
Tropicana2.09  0.11  0.22 
AGA Mineração6.34  0.14  0.92 
Serra Grande2.18  0.10  0.22 
Quebradona122.62  0.02  2.53 
Total168.10  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 ReserveInferred Mineral Resource category is intended to cover situations in which a mineral concentration or occurrence has been determined based onidentified and limited measurements and sampling have been completed, economic studies.but in which the data are insufficient to allow the geological or grade continuity to be interpreted with confidence. While it would be reasonable to expect that the majority of Inferred Mineral Resource would upgrade to Indicated Mineral Resource with continued exploration, due to the uncertainty of Inferred Mineral Resource, it should not be assumed that such upgrading will always occur.



Gold
Ore Reserve: ImperialAt 31 December 2018  
 
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
(9) 
 (million) (oz/ton) (Moz) (million) (oz/ton) (Moz) percent (oz/ton)
Continental Africa               
Democratic Republic of the Congo               
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               
Iduapriem3.02 0.026 0.08 40.11 0.039 1.56 93.0-95.9
(4) 
 0.016-0.026
(4) 
Obuasi (2)

  
  
  22.35 0.262 5.86 87.0  0.120-0.152
(4) 
Guinea               
Siguiri (85 percent) (3)
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) (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)
0.05 0.048 
  28.78 0.057 1.63 75.0-94.0
(4) 
 0.015-0.023
(4) 
Tanzania               
Geita
  
  
  10.44 0.128 1.33 77.8-92.7
(4) 
 0.042-0.100
(4) 
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 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)(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) (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)
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    
Total199.80 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 Ore Reserve contains 32.68 million ounces of silver for Cerro Vanguardia and 23.58 million ounces for Quebradona to be recovered as a by-product.
(7)
The Ore Reserve contains 0.38 million tons of sulphur to be recovered as a by-product.
(8)
Includes Mine Waste Solutions (MWS).
(9)
In-situ cut-off grade.
(10)
Ore Reserve is estimated by Competent Persons employed by Barrick 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 resultIn order to reduce this risk, AngloGold Ashanti limits the use of Inferred Mineral Resource in computational differences.


The 2018 Proven and Probable Oreits Mineral Reserve includes Ore Reserve below infrastructureestimation process but the Inferred Mineral Resource is included in the casepit shell or underground extraction shape determination. As such the Inferred Mineral Resource may influence the extraction shape. The quoted Mineral Reserve from these volumes includes only the converted Measured and Indicated Mineral Resource and no Inferred Mineral Resource is converted to Mineral Reserve. The cash flow analysis does not include the Inferred Mineral Resource in demonstrating the economic viability of the following underground mines currentlyMineral Reserve.

AngloGold Ashanti requires that the Mineral Reserve that is an outcome of this process is generated at a minimum of apre-feasibility study level.





140


MINERAL RESOURCE AND MINERAL RESERVE INTERNAL CONTROLS DISCLOSURE
AngloGold Ashanti has a tiered internal review process whereby newly issued Mineral Resource and Mineral Reserve are reviewed at a regional level prior to publication. Selected corporate reviews happen after that process. Each property has an external Mineral Resource and Mineral Reserve audit on a three-year rolling basis, and issues raised in production:these audits are addressed by a formal audit reply from each mine on which the progress is tracked.


Gold
MineTons (millions) Grade (ounces/ton) 
Gold Content
(million ounces)
Mponeng30.27  0.28  8.53 
Obuasi1.87  0.60  1.13 
Sunrise Dam1.42  0.11  0.16 
Tropicana2.08  0.11  0.22 
AGA Mineração7.42  0.16  1.18 
Serra Grande1.75  0.11  0.20 
Quebradona114.69  0.02  2.22 
Total159.50  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 OreAngloGold Ashanti’s Mineral Reserve has been determined based on completed economic studies.


Gold
Ore Reserve: MetricAt 31 December 2019  
 
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
(9) 
 (million) (g/t) (tonnes) (million) (g/t) tonnes percent (g/t)
Continental Africa               
Democratic Republic of the Congo               
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               
Iduapriem3.40
  0.84
  2.85
  38.88
  1.36
  53.05
  93.0-95.9
(4) 
 0.85-0.95
(4) 
Obuasi (2)

  
  
  24.26
  9.13
  221.47
  87.0   4.10-5.20
(4) 
Guinea               
Siguiri (85 percent) (3)
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) (10)(11)

  
  
  
  
  
       
Sadiola (41 percent) (3)

  
  
  24.50
  2.01
  49.23
  75.0-94.0
(4) 
 0.51-0.78
(4) 
Tanzania               
Geita
  
  
  13.44
  3.50
  47.03
  77.8-92.7
(4) 
 1.25-3.95
(4) 
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 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) (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) (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)
1.55
  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)

  
  
  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           
Total131.42
  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)
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 0.39 million tonnes of sulphur to be recovered as a by-product.
(8)
Includes Mine Waste Solutions (MWS).
(9)
In-situ cut-off grade.
(10)
Ore Reserve is estimated by Competent Persons employed by Barrick Gold (Holdings) Limited.
(11)
No Ore Reserve is declared as the Ore Reserve has been written off.
(12)
Copper ore cut-off Net Smelter Return (NSR)

Rounding may result in computational differences.


The 2019 Provenis an outcome of the Company’s business planning process which runs annually. This process operates within a comprehensive framework where all inputs, including costs and Probable Ore Reserve includes Ore Reserve below infrastructurecapital requirements, are generated by the operation, and reviewed at a regional and corporate level within the Company, thereby providing confidence in the case ofestimates.

A group wide Mineral Resource to production reconciliation system is also in place whereby the following underground mines currentlyMineral Resource mined each month is reconciled all the way to the produced gold doré. Oversight for this process is handled at the group level. A comprehensive sample and assay QC/QA process is in production:place, and our laboratories are inspected frequently by on-site teams.

Gold



141
MineTons (millions) Grade (grams/tonne) 
Gold Content
(tonnes)
Mponeng27.83   9.13   254.02  
Obuasi2.80   19.14   53.54  
Sunrise Dam1.01   4.92   4.97  
Tropicana1.89   3.60   6.82  
AGA Mineração5.75   4.96   28.49  
Serra Grande1.98   3.40   6.73  
Quebradona111.24   0.71   78.60  
Total152.50   2.84   433.17  


Copper


MineTons (millions) Grade (%)
Copper Content
(million tonnes)
Quebradona111.24   1.25  1.39  
Total111.24   1.25  1.39  
ITEM 4A:    UNRESOLVED STAFF COMMENTS

The Ore Reserve has been determined based on completed economic studies.


Gold
Ore Reserve: MetricAt 31 December 2018  
 
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
(9) 
 (million) (g/t) (tonnes) (million) (g/t) tonnes percent (g/t)
Continental Africa               
Democratic Republic of the Congo               
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               
Iduapriem2.74
  0.88
  2.41
  36.39
  1.33
  48.42
  93.0-95.9
(4) 
 0.55-0.90
(4) 
Obuasi (2)

  
  
  20.28
  9.00
  182.40
  87.0   4.10-5.20
(4) 
Guinea               
Siguiri (85 percent) (3)
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) (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)
0.05
  1.66
  0.08
  26.11
  1.94
  50.64
  75.0-94.0
(4) 
 0.51-0.78
(4) 
Tanzania               
Geita
  
  
  9.47
  4.38
  41.49
  77.8-92.7
(4) 
 1.45-3.43
(4) 
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 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) (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) (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)
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    
Total181.26
  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)
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 0.37 million tonnes of sulphur to be recovered as a by-product.
(8)
Includes Mine Waste Solutions (MWS).
(9)
In-situ cut-off grade.
(10)
Ore Reserve is estimated by Competent Persons employed by Barrick 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 2018 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 (grams/tonne) 
Gold Content
(tonnes)
Mponeng27.46   9.66   265.29 
Obuasi1.70   20.68   35.15 
Sunrise Dam1.29   3.85   4.95 
Tropicana1.89   3.65   6.89 
AGA Mineração6.73   5.45   36.64 
Serra Grande1.59   3.94   6.28 
Quebradona104.05   0.66   69.12 
Total144.70   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 2019
 Tons (million) Grade (ounces/ton) 
Gold content
(million ounces)
Continental Africa     
Democratic Republic of the Congo     
Kibali (45 percent) (1)
1.09  0.050  0.05
 
Ghana     
Iduapriem16.41  0.021  0.35
 
Guinea     
Siguiri (85 percent) (1) (3)
55.29  0.017  0.93
 
Mali     
Sadiola (41 percent) (1)
1.46  0.068  0.10
 
Tanzania     
Geita4.50  0.046  0.20
 
South Africa     
Surface sources (2)
575.26  0.008  4.37
 
Australia     
Sunrise Dam9.40  0.028  0.26
 
Tropicana (70 percent) (1)
16.97  0.028  0.47
 
Americas     
Argentina     
Cerro Vanguardia (92.5 percent) (1)
6.58  0.013  0.08
 
Brazil     
Serra Grande0.01  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 2018
 Tons (million) Grade (ounces/ ton) 
Gold content
(million ounces)
Continental Africa     
Ghana     
Iduapriem16.42  0.021  0.35 
Guinea     
Siguiri (85 percent) (1) (3)
57.67  0.017  0.97 
Mali     
Morila (40 percent) (1)
2.71  0.018  0.05 
Sadiola (41 percent) (1)
3.29  0.045  0.15 
Tanzania     
Geita3.00  0.038  0.11 
South Africa     
Surface sources (2)
700.22  0.007  5.15 
      
Australia     
Sunrise Dam10.66  0.028  0.30 
Tropicana (70 percent) (1)
11.98  0.029  0.35 
Americas     
Argentina     
Cerro Vanguardia (92.5 percent) (1)
10.91  0.014  0.15 

(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 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 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.

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 328 x 328 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
Australia
Sunrise Dam33 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 Vanguardia20 x 66 feet, 39 x 16 feet131 x 131 feet
Brazil
AGA Mineração
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 100 x 100 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
Australia
Sunrise Dam10 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 Vanguardia6 x 20 metre, 12 x 5 metre40 x 40 metre
Brazil
AGA Mineração
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.




142


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 2019, 20182022, 2021 and 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'sCompany’s continuing operations (unless the context indicates otherwise).


This item should be read in conjunction with the company’sCompany’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 companyCompany also produces silver and sulphuric acid as by-products. The company no longer produces uranium oxide as a by-product following the sale of its Vaal River operations, effective 28 February 2018. By-product revenue from continuing operations amounted to $86$113 million in 2019 (2018: $1332022 (2021: $126 million; 2017: $1392020: $105 million) out of total revenue from product sales from continuing operations of $3,525$4,501 million in 2019 (2018: $3,3362022 (2021: $4,029 million; 2017: $3,3942020: $4,595 million). See “Item“Item 18: Financial Statements-Note 3-RevenueStatements—Note 3—Revenue from product sales” for additional information. The companyCompany sells its products on world markets.


AngloGold Ashanti conducts gold-mininghas ten continuing mining operations in the following regions, which represent its business segments:

Continentalregions: Africa (comprising(the Democratic Republic of the Congo (“DRC”), Ghana, Guinea, Mali, the DRC and Tanzania);
South Africa (recorded as a discontinued operation);
Australia; and
Americas (comprising Argentina, Brazil and projects in Colombia).

AngloGold Ashanti has 12 continuing mining operations in Continental Africa,, Australia and the Americas (Argentina and Brazil) comprising open-pit and underground mines, which are supported by extensive, yet focusedglobal exploration activities. In addition, AngloGold Ashanti has greenfields projects located in Colombia and Nevada, USA. Until 30 September 2020, AngloGold Ashanti also conducted gold-mining operations in South Africa. On 1 October 2020, Harmony Gold Mining Company Limited (“Harmony”) took effective control of the Company’s remaining South African producing assets and related liabilities, which were recorded as discontinued operations for the year ended and as at 31 December 2020. In addition, AngloGold Ashanti sold its interests in the Morila and Sadiola gold mines in Mali in November and December 2020, respectively. None of our Malian assets were recorded as discontinued operations. For more information on the company’sCompany’s business and operations, see “Item“Item 4B: Business Overview”.


Under the new Operating Model, the manner in which the financial results are reported to the chief operating decision maker and the composition of the operating segments continue to be reported per geographical region (Africa, Australia and the Americas). In addition, a new segment, Projects has been introduced from the implementation of the new Operating Model (previously reported under the Americas segment). The Projects segment comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. The comparative information of the affected operating segment information has been restated. AngloGold Ashanti’s segmental information is described in “Item 18: Financial Statements—Note 2—Segmental Information”.

As at 31 December 2019,2022, the companyCompany reported, on an attributable basis.basis, Proven and Probable OreMineral Reserve for gold of approximately 20.824.25 million ounces in subsidiaries 7.5and 4.57 million ounces in equity accountedequity-accounted joint ventures and 15.5 million ounces from discontinued operations.ventures. For the year ended 31 December 2019,2022, AngloGold Ashanti reported an attributable gold production of approximately 2.52.41 million ounces from subsidiaries 0.4and 0.34 million ounces from equity accountedequity-accounted joint ventures and 0.4 million ounces from discontinued operations.ventures. As at 31 December 2019,2022, the companyCompany reported an attributable Proven and Probable OreMineral Reserve for copper of 3,068Mlbs.3,250 million pounds. As at 31 December 2022, the Company reported, on an attributable basis, Measured and Indicated Mineral Resource (exclusive of Mineral Reserve(1)) for gold of approximately 57.94 million ounces in subsidiaries and 2.62 million ounces in equity-accounted joint ventures. As at 31 December 2022, the Company reported, on an attributable basis, Inferred Mineral Resource (exclusive of Mineral Reserve(1)) for gold of approximately 39.66 million ounces in subsidiaries and 1.11 million ounces in equity-accounted ventures. As at 31 December 2022, the Company reported an attributable Measured and Indicated Mineral Resource (exclusive of Mineral Reserve(1)) for copper of 2,902 million pounds and Inferred Mineral Resource (exclusive of Mineral Reserve(1)) for copper of 3,231 million pounds. For further information on the Company’s Mineral Resource and Mineral Reserve, see “Item 4D: Property, Plants and Equipment—Mineral Resource and Mineral Reserve Summary Disclosure”.


AngloGold Ashanti’s costs and expenses consist primarily of total cash costs, amortisation, corporate administration, other expenses, and exploration and evaluation costs. Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, timber, reagents, logistics, fuel, power, water and contractors’ costs), royalties and other cash costs. The company’sCompany’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.





(1) The Mineral Resource exclusive of Mineral Reserve (“Exclusive Mineral Resource”) is defined as the Inclusive Mineral Resource less the Mineral Reserve before dilution and other factors are applied.
5A:OPERATING RESULTS






143


5A:    OPERATING RESULTS

Introduction


2019 was markedThe US real gross domestic product rose by low interest rates,2.1 percent in 2022, compared with an increase of 5.9 percent in 2021. While many components expanded in the ongoing US-China trade conflictlast quarter of 2022, they also showed softening, and global manufacturing growth slowdown, all of which led to recession fears. Central banks also played their part withexpectations remain for the US Federal Reserve cutting rates three times during theeconomy to slip into a recession in 2023.

Stock markets rounded off a tumultuous 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 ten percent year on year. US Treasury bonds also benefitted from the flight to safety and consequently yields came tumbling down across the curve.

As is often the case during periods of high 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 positioninggains in long (purchases) by professional investors on the Comex 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 net 109.6 tonnes to global official gold reserves bringing full-year net purchases to 650.3 tonnes, just one percent short2022. Asian shares were boosted by China’s relaxation 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 atits zero-Covid policy, and European equities also advanced strongly. As prices fell, government bond yields edged up towards the end of 2009 at circa 34,700 tonnes and highlights the importancefourth quarter of 2022. This reflected some market disappointment with major central banks place on having an allocationreiterating plans to tighten monetary policy, even as inflation showed signs 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 ten percent year on year droppeaking. Commodities gained in the fourth quarter of 2022, led by industrial metals.

The year 2022 was the strongest year for gold demand in over a decade and showed how gold’s diverse sources of demand and supply can counterbalance one another, providing gold with its uniquely stable performance as an investment asset. Annual gold demand increased by 18 percent to 584.54,741 tonnes with investment demand increasing by ten percent and reaching 1,107 tonnes. In US dollar terms,Demand for gold bars and coins increased by two percent to 1,217 tonnes. The need for wealth protection in the global inflationary environment remained a primary motive for gold investment purchases. Holdings of gold ETFs fell by a smaller amount (down 110 tonnes) than in 2021 (down 189 tonnes).

Central bank net purchases in the fourth quarter of 2022 totalled 417 tonnes increasing full year net purchases to a high of 1,136 tonnes. Geopolitical uncertainty and high inflation were highlighted as key reasons for holding gold by central banks.
Gold jewellery demand grewsoftened slightly in 2022 with total annual demand declining by three percent to a five-year high of $94.3 billion. Much of this came from a nine percent year2,086 tonnes. Declines in Chinese demand for gold jewellery throughout 2022 had an outsized impact on year increasethe world total.

Worsening global economic conditions in the fourth quarter demand, which reached $27.8 billion,of 2022, together with trade restrictions and supply chain issues generated a seven-year high.

Technology demand for gold weakened contributing to a twoseven percent falldecline in annual demand for gold in technology. Electronics demand mirrored the sector.

Total supply was slightly higherseven percent annual decline in 2019, up two percent year on year from 4,673.0 tonnesthe broader sector, dropping sharply 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 one percent year 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, also contributed to overall supply.

The market spot gold price closed the fourth quarter of 2019 at $1,517 per ounce which was also2022 in response to the highestdeteriorating global economic picture and supply chain challenges, particularly in China.
Annual mine production increased one percent year-on-year although this remains below the record high seen in 2018. Full year recycled gold supply increased by one percent but remains 30 percent below the all-time high seen in 2012, despite a record annual average gold price in 2022. In the fourth quarter. The lowest market spotaggregate, total supply of gold price recorded inincreased by two percent year-on-year.

For the fourth quarter was $1,454 per ounce. The2022 year, the average market spot gold price was recorded at $1,483$1,802 per ounce, forgold income of the fourth quarter.Company was $4,388 million and the average gold price received by the Company was $1,793 per ounce. The average market spot gold price was recordedincreased by one percent over 2022, starting on 1 January 2022 at $1,394 per ounce for the full year 2019. The highest market spot gold price recorded in 2019 was $1,552approximately $1,801 per ounce and the lowest market spot gold price for the same period was $1,270ending on 30 December 2022 at approximately $1,824 per ounce. Management uses the market spot gold price and the average gold price received to monitor the performance of the gold price and its effect on the company’sCompany’s results. It gives an investor insight into the performance of the gold price and its impact on company results.




Restatement as a result of discontinued operations


On 12 February 2020, the company announced an agreement to sell its remaining South African producing assets and related liabilities (SA disposal group) to Harmony Gold Mining Company Limited. Consideration for the transaction is in cash and deferred payments with expected proceeds of around $300 million, subject to subsequent 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:144



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 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.

Pursuant to the agreement, the silicosis obligation of $65 million and the post-retirement medical obligation of $93 million relating to South African employees will be retained by the 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 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).

Change in presentation of “Special items” disclosure

Effective 1 January 2019, the group changed the disclosure of “Special items” in the income 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 reported totals, or on amounts presented in the statement of financial position. For further details, refer to “Item 18: Financial 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, 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)("IMF"), global or regional political or economic events or conditions (such as the impact of pandemics such as COVID-19,war between Russia and Ukraine), production and cost levels in major gold-producing regions.regions and, to a lesser extent during 2022, the impact of global health crises and pandemics (such as the COVID-19 pandemic).


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-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’sCompany’s primary product, is generally limited to the bullion banks. The number of these banks has declined over the last few years.decade. 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 market spot gold prices received per ounce have changed during the three years under review as follows:
20172020 - $1,251$1,772 per ounce
20182021 - $1,261$1,798 per ounce
20192022 - $1,387$1,802 per ounce


Gold income of the Company has changed during the three years under review as follows:
2020 - $4,490 million
2021 - $3,903 million
2022 - $4,388 million

Yearly average gold prices received by the Company have changed during the three years under review as follows:
2020 - $1,778 per ounce
2021 - $1,796 per ounce
2022 - $1,793 per ounce

Gold income of the Company increased by $485 million, or 12 percent, from $3,903 million in 2021 to $4,388 million in 2022. The average gold price received by the Company decreased by $3 per ounce, from $1,796 per ounce for the year ended 31 December 2021 to $1,793 per ounce for the year ended 31 December 2022. The average market spot gold price increased by $4 per ounce, from $1,798 per ounce for the year ended 31 December 2021 to $1,802 per ounce for the year ended 31 December 2022.

The market spot gold price opened the year on 1 January 2022 at $1,801 per ounce (compared to $1,905 per ounce on 4 January 2021). The market spot gold price in 2022 has been subject to volatile short-term swings, with a year high of $2,052 per ounce on 8 March 2022 and a year low of $1,622 per ounce on 26 September 2022. The average ofmarket spot gold price for 2022 was $1,802 per ounce. The market spot gold price at closing on 30 December 2022 was $1,824 per ounce (compared to $1,828 per ounce on 31 December 2021). Between 1 January 2023 and 10 March 2023, the market spot gold price from 1 January 2020 to 19 March 2020 was $1,580.88traded between a low of $1,811 per ounce and a high of $1,950 per ounce. On 1910 March 2020, the afternoon price for gold on the London Bullion Market was $1,474.25 per ounce. After an initial increase in the beginning of the year,2023, the market spot gold price decreased from a high of $1,687.00was $1,868 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.ounce.


If income from gold sales falls for an extended period below the company’sCompany’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 companyCompany to change its dividend payment policies, reduce expenditures and undertake measures to address its cost base. In addition, the



145


use of lower gold prices in OreMineral Reserve estimates and life-of-mine plans could result in material write-downswrite downs of the company’sCompany’s investment in mining properties and increase amortisation, environmental rehabilitation and mine 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) remained fairly consistentfluctuated between 2017 - 20192020 to 2022, from 2.852.81 million ounces in 2017, 2.912020 to 2.47 million ounces in 20182021 to 2.862.74 million ounces in 2019.2022. For more information on the company’sCompany’s business and operations, see “Item“Item 4B: Business Overview”.


Operational impacts resulting from the COVID-19 pandemic


In addition toThe COVID-19 pandemic resulted in disruption and volatility in global financial markets and capital markets and a significant decrease in global economic activity, which had an adverse effect on worldwide demand for gold and adversely affected the profitability of the Company’s operations.

The direct impact on the Company’s production from COVID-19 for 2022 was estimated at 19,000 ounces, a decrease of 28,000 ounces, or 60 percent, compared with an estimated production impact of 47,000 ounces for 2021. The direct COVID-19 impact on the Company’s cost of sales was estimated at $6 million for 2022, a decrease of $8 million, or 57 percent, compared to $14 million for 2021. The direct impact from COVID-19 on the Company’s AISC was estimated at $12 per ounce, a decrease of $22 per ounce, or 65 percent, compared with an estimated $34 per ounce for 2021.

The Company remains mindful of the extent to which the COVID-19 pandemic could impact the Company’s results depending on the gold price discussed underscale, duration and geographic reach of future developments, which are highly uncertain and cannot be predicted, including the caption “-Gold Prices”,possibility of a recurrence or multiple waves of the outbreak and new variants. The Company continues to observe strict health protocols and to exercise vigilance in relation to business continuity including supply chain. The Company remains mindful that the COVID-19 pandemic, hasits impacts on communities and economies, and the potentialactions authorities may take in response to it, are subject to change in response to current and future conditions.

Geopolitical tensions

The geopolitical tensions and war between Russia and Ukraine and the retaliatory measures that have been taken, and could be taken in the future, by the United States, the EU, the United Kingdom, NATO and other jurisdictions have created global security concerns that could result in a regional or global conflict and otherwise have a significantlasting impact on our operationsregional and global economies, any or all of which could adversely affect AngloGold Ashanti’s business. See “Item 3D: Risk Factors—Global political and economic conditions could adversely affect the profitability of operations”.

Climate change and other environmental factors

Rising temperatures, changing rainfall patterns and severe weather conditions believed to be caused by causing supply chain delaysclimate change remain growing concerns for businesses, investors, broader society and disruptions, import restrictions or shipping disruptions,governments. This has led to increased pressure on companies, including those in the mining sector, to reduce greenhouse gas (“GHG”) emissions consistent with national commitments made by numerous countries under the Paris Agreement, to promote responsible corporate practices and to increase transparency about the risks and opportunities of transitioning to a low-carbon economy. Pressure from governments, investors and broader society for mining companies to improve environmental stewardship and reduce GHG emissions, both in terms of absolute emissions and in intensity of emissions per tonne mined, is likely to increase in the future.

In 2008, AngloGold Ashanti targeted a 30 percent reduction in absolute GHG emissions of its portfolio by 2022, from a 2007 base level. This target was reached by 2018, and at the end of 2021 Scope 1 and 2 GHG emissions were 46.6 percent below 2007 levels. The GHG emission reductions are due to changes in the Company’s asset mix, as well as operational shutdowns (includingenergy-efficiency and fuel switching initiatives implemented at the Company’s operations and projects. In October 2022, AngloGold Ashanti released a carbon emissions reduction target that aims to achieve a 30 percent absolute reduction in its Scope 1 and Scope 2 GHG emissions by 2030, as partcompared to 2021, through a combination of government-mandated containment measures or additional safety measuresrenewable energy projects, fleet electrification and lower-emission power sources. The capital cost required to achieve these reductions by 2030 is anticipated to be approximately $1.1 billion, of which $350 million is expected to be funded over that the company may also consider). The company operates mines in countries 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 mandatedperiod by governmental authorities or if otherwise elected by the company as a preventive measure to contain the spread of the virus. Governments of the countries in which we operate may impose significant restrictions on the movement of goods, services and persons, including by ordering nationwide lockdowns of businesses and their citizens, as was recently done in Argentina, which imposed a nationwide lockdown (quarantine), including travel restrictions, border closingsAngloGold Ashanti and the shutdownremaining $750 million through third-party funding, including from providers of most industries,renewable energy infrastructure. The Company has also committed to achieving net zero Scope 1 and Scope 2 GHG emissions by 2050.

The Company is also tracking the carbon intensity of its energy mix by measuring GHG emissions per Gigajoule (“GJ”) of energy used. This measure increased by 2.7 percent year-on-year in 2022 to approximately 65 kilograms of CO2e emitted per GJ of energy compared to 2021 as a result ofthe Company’s direct and indirect energy consumption was four percent higher than in 2021. Absolute Scope 1 and Scope 2 GHG emissions in 2022 increased by seven percent to 1.47Mt compared to 2021, which Cerro Vanguardia S.A. (CVSA) was required to temporarily suspend mining activities. Similarly,is the South African and State of Goiás governments imposed similar restrictions resulting in the temporary suspension of mining activities of the company’s South African operations and Serra Grande operations in Brazil, respectively.Company’s new baseline year.





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Foreign exchange fluctuations


Total cash costs in all business segments are for local procurement largelypartly 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 Brazilian real, Australian dollar, and, to a lesser extent, the ArgentinianArgentinean peso and other local currencies. As set out below, during the year ended 31 December 2019, the Argentinian peso, Brazilian real and2022, the Australian dollar and Argentinean peso weakened and the Brazilian real strengthened against the US dollar, which collectively had a favourable impact on AngloGold Ashanti’s US dollar denominated total cash costs.



Average annual exchange rates to the US dollar202220212020
Brazilian real5.16 5.40 5.15 
Australian dollar1.44 1.33 1.45 
Argentinean peso130.87 95.21 70.71 
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 2019,2022, the companyCompany derived 5547 percent (47(41 percent including joint ventures) of its revenues from continuing operations from Brazil, Australia and Argentina, and incurred 5449 percent (47(45 percent including joint ventures) of its total cash costs from continuing operations in Brazil, Australia and Argentina. ABased on average exchange rates in 2022, the Company estimates that a one percent strengthening of these local currenciesall of the Brazilian real, Argentinean peso, Australian dollar, Ghanaian cedi and the South African rand against the US dollar, will resultother factors remaining equal, would have resulted in an increase in cost of sales and total cash costs incurredper ounce of aboutapproximately $13 million or $5and $6 per ounce.ounce, respectively. As a result of the sale of its remaining South African operations, AngloGold Ashanti’s exposure to fluctuations in the strength of the South African rand has been reduced.


Certain exchange controls were in force in emerging markets in which the companyCompany operates during the period under review, including, for example in Argentina. In the case of Argentina, although the exchange rate of the ArgentinianArgentinean 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. It is not possible to predict whether or when thisthe Argentinean government will occurrelax exchange controls or the future value of the ArgentinianArgentinean peso.
Total cash costs and effects of inflation


Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, timber, reagents, logistics, fuel, power, water and contractors’ costs), royalties and other cash costs. The mining industry continues to experience price inflationincreases 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 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’sCompany’s results and financial condition. See “Item 3D: Risk Factors—Inflation may have a material adverse effect on results of operations”.


At 31 December 2022, AngloGold Ashanti employs over 26,000 people (34,000globally on average approximately 32,594 people, including the SA disposal group) globally,contractors, most of whom are members of trade unions, particularly in 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. During 2022, COVID-19 continued to – although to a lesser extent than in prior years – present challenges with travel restrictions and shortages of critical skills resulting in higher labour and contractors’ costs at certain operations.


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 crudeCrude oil has increased from $54$42 per barrel in 2017,2020 to $71 per barrel in 20182021 to $65$97 per barrel in 2019,2022, a 20$55, or a 131 percent per barrel increase over the three-year period. AngloGold Ashanti estimates that for each $1$1.00 per barrel rise or fall in the oil price, other factors remaining equal, the averagecost of sales and total cash costs per ounce of all its operations increaseschange by about $3approximately $1 million or $0.9$0.50 per ounce, withrespectively. The sensitivity analysis includes the impacts of oil hedges. In July 2022, AngloGold Ashanti entered into forward contracts for a total of 999,000 barrels of Brent Crude oil for the period January 2023 to December 2023 that will be cash settled on a monthly basis against the contract price. The average price achieved on the forward contracts is $89.20 per barrel of Brent Crude oil. At 31 December 2022, the mark-to-market value of these oil derivatives was an unrealised loss of $6 million. The cost of sales and total cash costs per ounce of certain of the company’sCompany’s mines, particularly Siguiri, (Guinea), Geita, (Tanzania), Kibali (DRC), MorilaIduapriem and Sadiola (Mali),Tropicana, which are more dependent on fuel, being moreare most sensitive to changes in the price of oil.

On AngloGold Ashanti continues to monitor the developments in the war between Russia and Ukraine and their impact on the oil price. The escalation of the conflict dominated market sentiments during 2022, pushing oil prices higher to levels last seen during the 2008 global financial crisis. In recent weeks, the oil price has declined and, as of 10 February 2020,March 2023, the company entered into Asian style zero-cost collars for a totalprice of approximately 342,000 barrelsoil was at $82per barrel of Brent crude oil forCrude. See “Item 3D: Risk Factors—The profitability of mining companies’ operations and the period February 2020 to December 2020. The average strikecash flows generated by these operations are significantly affected by fluctuations in input production prices, are $45 per barrel on the floor and an average pricemany 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 have increased considerably overlinked to the three-year period. These increases have adversely impacted total cash costs.prices of oil and steel”.




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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.consumables. 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 as well as cost increases in respect of labour, explosives, cyanide and other production inputs have a significant impact on operating costs and capital expenditure. COVID-19 continued to – although to a lesser extent than in prior years – present challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory prices.


Royalties (excluding joint ventures), which are generally calculated as a percentage of revenue, varied over the past three years from $111 million incurred in 2017 to $133 million incurred in 2018 and $137$181 million in 2019,2020 to $162 million in 2021 to $185 million in 2022, a 23two percent increase over the three-year period, primarily due to the variations in the gold prices received, production and royalty rate increases. Royalties are likely to continue to vary in the coming years asdue to the variations in the gold prices and the fact that in a number of jurisdictions host governments increasingly seek to obtain a higher share of revenue by increasing the royalty rates for gold mines.


RehabilitationEnvironmental rehabilitation costs


Total provisions for decommissioning and for environmental restoration activities (excluding joint ventures and excluding liabilities related to assets held for sale)discontinued operations) totalled $637$659 million in 2018 and $6342020, $673 million in 2019, (including liabilities related to assets held for sale: $6372021 and $578 million in 20182022. During 2021, the provisions for decommissioning and $730restoration increased by $14 million in 2019). During 2019 $96 million was transferredlargely due to liabilities related to assets held for sale which

amount was partially offset bythe recognition of a change in estimate. The changeestimates relating to the ongoing transition to dry-stacking operations in estimates is attributableBrazil to comply with new legal requirements in Brazil as well as changes in the methodology for calculating such estimates. During 2022, the provisions for decommissioning and restoration decreased by $95 million mainly due to changes in estimates resulting from changes in discount rates, due to changes in global economic assumptions, changes in mine plans resulting in a change in cash flows andas well as changes in the design of tailings storage facilities and in methodology, following requests from the environmental regulatory authorities.(“TSFs”). See also “Item“Item 4B: Business Overview-RegulatoryOverview—Regulatory Environment Enabling AngloGold Ashanti to Mine”, “Item 4B: Business Overview-MineOverview—Mine Site Rehabilitation and Closure” and “Item 4B: Business Overview-Environmental, HealthOverview—Sustainability and SafetyEnvironmental, Social and Governance ("ESG") Matters”.


Amortisation of tangible assets


Amortisation of tangible assets increased during the 2020 to 2022 period by $25 million, or five percent, from $526 million in 2020 to $551 million in 2022, largely due to the Obuasi redevelopment project continuing to ramp up to full production, increased investment in TSFs at Serra Grande and higher deferred stripping at Tropicana and Iduapriem.

Amortisation of right of use assets, as recognised in accordance with IFRS 16 “Leases”, increased during the 2020 to 2022 period by $34 million, or 72 percent, from $47 million in 2020 to $81 million in 2022, mainly due to additional lease contracts entered into at the Brazilian operations and at the Geita mine.

Amortisation of intangible assets decreased during the 2017 - 20192020 to 2022 period by $1 million, or 50 percent, from $685$2 million in 2020 to $538$1 million largely due to open pit ore being depleted at Geita and lower production at Cerro Vanguardia and Siguiri.in 2022.


Exploration and evaluation costs


The companyCompany has expensed exploration expenditure during the years ended 31 December 2017, 20182020, 2021 and 20192022 in order to replenish depleting OreMineral Reserve and bring new ore bodies into pre-feasibility or feasibility. The expensed exploration costs incurred over the last three fiscal years amounted to $105$124 million in 2017, $982020, $164 million in 20182021 and $112$205 million in 2019.2022. Exploration expenditure increased during 20192022 mainly due to an increase in Brownfieldsgreenfields exploration and global specialist and management cost.in Nevada, United States.


Corporate administration, marketing and otherrelated expenses


The corporate administration, marketing and otherrelated expenses incurred amounted to $64$68 million in 2017, $762020, $73 million in 20182021 and $82$79 million in 2019.2022. The increase isin 2022 of $6 million, or eight percent, was mainly due to higher labourthe allocation of service costs (cash sharesto corporate costs and equity share costs), higher technical security costs and consultancy costs.following the implementation of the new Operating Model. This increase was partly offset by the exchange rate impact of a 11 percent weaker local currency.


Impairment, derecognition of assets and profit (loss) on disposal


For all of the AngloGold Ashanti reviewsGroup’s cash generating units (“CGUs”) where indicators of impairment or reversal of impairment have been identified, the recoverable amounts of the CGUs were determined. With the exception of Serra Grande, the Córrego do Sítio mining complex (“CdS”) and teststhe Mineração Cuiabá mining complex (“Cuiabá”) in Brazil, the recoverable amounts exceeded the carrying amounts of the CGUs and management has considered the sensitivity of the impairment calculations to various key inputs and assumptions such as the gold price and exchange rates and concluded that reasonably possible changes to these key inputs and assumptions applied would not result in any impairment loss or the reversal of a previous impairment loss to be recognised.

These sensitivities have been taken into consideration in determining the required impairments as disclosed below. Management assumptions for the value in use 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 miningtangible 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 Reserve 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 oninclude the gold price assumption, which



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represents itsmanagement’s best estimate of the future price of gold. In arriving at the estimatedA long-term real gold price AngloGold Ashanti considers all available market information including current prices, historical averages, and forward pricing information and data. The long- term real gold price of $1,300$1,731 per ounce in 2019 and $1,239(2021: $1,599 per ounce in 2018, wereounce; 2020: $1,450 per ounce) is based on a range of economic and market conditions which were, at that time,are expected to exist over the remaining useful life of the assets.


In determining the impairment for each CGU, the real post-tax rate was derived from the weighted average cost of capital (“WACC”) using the Capital Asset Pricing Model (“CAPM”) to determine the required return on equity with risk factors consistent with the basis used in 2021. At 31 December 2022, the derived group WACC was 12.2 percent (real post-tax) which is 360 basis points higher than 8.6 percent at 31 December 2021, 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 CGU, 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.

Córrego do Sítio (CdS)

CdS is owned and operated by AngloGold Ashanti considersMineração (“AGA Mineração”) in Brazil. The CdS mining complex has been in operation since 1989 and consists of open pit and underground mines. The property is currently in a production stage. In line with AngloGold Ashanti's reinvestment strategy, management took a decision during the long-term fundamentals that providethird quarter of 2022 to carve out the underperforming complex of CdS from the AGA Mineração CGU and to investigate alternative strategic options including either to sell the complex, place the complex under care and maintenance, close the complex or to consider additional capital expenditure to regain profitability of the complex. After the strategic review of CdS, the Company has elected to retain CdS. This decision resulted in the disaggregation of the AGA Mineração CGU into two separate CGUs, being the CdS mining complex CGU and the Cuiabá mining complex CGU. As a result of these impairment indicators, the recoverable amount for the CdS mining complex CGU was determined not to support its carrying values as at 30 September 2022 and an impairment loss of $151 million ($189 million gross of taxes) was recognised and included in the Americas segment. The disaggregation of CGUs did not have an impact on reportable segments in terms of IFRS 8 “Operating Segments” as disclosed in “Item 18: Financial Statements—Note 2—Segmental Information”. The recoverable amount of $5 million was determined with reference to the CGU’s value in use derived from a discounted cash flow model, using a discount rate of 8.5 percent, compared to the CGU’s carrying amount of $156 million.

Cuiabá

Cuiabá is owned and operated by AGA Mineração in Brazil. It has been in operation since 1834 and is an underground mine. The property is currently in the production stage. The Cuiabá mining complex CGU, which was disaggregated from the AGA Mineração CGU, recognised an impairment loss of $57 million ($70 million gross of taxes). This was largely due to the suspension of filtered tailings deposition on the Calcinados TSF and processing of gold price assumption. These include, amongst other things, gold asconcentrate at the Queiroz plant in December 2022 (with both servicing the Cuiabá mining complex). For further information, refer to “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Brazil” and “Item 3D: Risk Factors—Compliance with tailings management requirements and standards, and potential liabilities in the event of a long-term storefailure to timely comply with these requirements or an incident involving a tailings storage facility, could adversely impact AngloGold Ashanti’s financial condition, results of value, hedge against inflation, safe haven status, strong physical demand from emerging markets, central bank purchases, quantitative easingoperations 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.reputation”.


The actual market spot gold price averaged $1,394 per ouncerecoverable amount of $304 million (compared to the CGU’s carrying amount of $361 million) was determined with reference to the CGU’s value in 2019use which requires the use of estimates. The impairment result was derived from a discounted cash flow model and $1,268 per ouncea discount rate of 8.5 percent.

Management modelled various scenarios, which included a combination of reasonably possible changes in 2018.key assumptions, to determine the impact on the recoverable amount. The market spot gold priceimpairment assessment required significant judgement and estimation uncertainty. The impairment loss was recognised and included in 2020the Americas segment.

Serra Grande

Mineração Serra Grande (“Serra Grande”) is wholly-owned by AngloGold Ashanti and is located in the northwest of Goiás state, central Brazil. It has been subject to volatile short-term swingsin operation since 1986 and consists of three underground and two open pit mines. The market spot gold price has averaged $1,580.88 per ounce from 1 January 2020 to 19 March 2020 and closed at $1,474.25 per ounce on 19 March 2020.

Other expenses

Other expenses decreasedproperty is currently in the production stage. The Serra Grande CGU recognised an impairment loss of $38 million ($45 million gross of taxes) during the 2017 - 2019 period, from $150 million to $83 million,December 2022 largely due to a projection of lower grades and ounces and an increase in the interest rates driven by global inflation and country risk which resulted in an increased discount rate. The recoverable amount of $128 million was determined with reference to the CGU’s value in use derived from a discounted cash flow model, using a discount rate of 8.5 percent, compared to the CGU’s carrying amount of $166 million. The impairment loss was recognised and included in the Americas segment.

Other (expenses) income

Other (expenses) income incurred over the last three fiscal years amounted to an expense of $57 million in 2020, an expense of $136 million in 2021 and an expense of $26 million in 2022. The decrease during 2022 was largely due to care and



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maintenance activities of $45 million incurred in 2021 at the Obuasi mine during the voluntary suspension of underground mining between May and October 2021 following a sill pillar incident, retrenchment and related costs of $18 million incurred in 2021 as part of the transition to the new Operating Model and bond settlement costs of $24 million incurred in 2021 related to the tender offer for, and subsequent redemption of, the $750 million aggregate principal amount of 5.125% notes due 2022, none of which were repeated in 2022. The non-occurrence of the aforementioned costs in 2022 contributed to a decrease in legal settlement fees. In 2017, an initial provision forcost of $87 million. Further decreases in other expenses were primarily due to the settlementlower cost of the silicosis class actionlegacy tailings operations of $63$25 million, was made withmainly at Obuasi, as a subsequent adjustmentresult of $2fewer activities at such legacy tailings operations, and lower value added tax (“VAT”) of $7 million and other duties expensed. These decreases in 2019.other expenses were partly offset by higher due diligence project costs of $5 million during 2022.


Taxation


Taxation increaseddecreased over the period 2017 - 20192020 to 2022 from an expense of $163$625 million in 20172020 to an expense of $250$173 million in 2019. Increase2022. Decrease in taxation over the period 2017 - 2019 is2020 to 2022 was largely due to higherlower earnings in Australia, Ghana, Tanzania Brazil and Ghana.Argentina and higher impairments in Brazil.



Taxation is likely to continue to be volatile in the coming years, as host governmentsdue to fluctuations in a number of jurisdictions increasingly seek to obtain a higher share of revenue by increasing rates of existing taxesgold price and introducing new taxes on gold mines.production.


Production in 20192022


For the year ended 31 December 2019,In 2022, AngloGold Ashanti’s total attributable gold production of 2.86was 2.742 million ounces, was 50,000an increase of 270,000 ounces, or two11 percent, lower than the 2018compared with its total attributable gold production of 2.912.472 million ounces in 2021. Production was higher year-on-year mainly due to a ten percent increase in recovered grades and the resumption of stoping activities at Obuasi during 2022, following the temporary suspension of underground stoping activities in 2021 due to a sill pillar incident in May 2021. The improving grade profile following the reinvestment programme across the portfolio was a key driver of the overall production increase. For 2022, COVID-19 had a marginal estimated direct impact of 19,000 ounces on the Company’s production. By comparison, for 2021, the direct impact of COVID-19 on the Company’s production was estimated at 47,000 ounces.


ProductionIn the Africa region, production increased by two216,000 ounces, or 15 percent, or 26,000from 1,419,000 ounces in 2019 as compared2021 to 2018,1,635,000 ounces in the Continental Africa region.2022. The increase was mainly due to the transition to predominantly underground operations which resulted in higher grade materialproduction from Obuasi, Iduapriem, Siguiri and increased tonnes treated at Geita, and improvedpartly offset by lower production from Kibali. Gold production at Iduapriem increased by 46,000 ounces, or 23 percent, from 202,000 ounces in 2021 to 248,000 ounces in 2022. Gold production was higher year-on-year mainly due to higher ore volumes processed, further supported by higher grades recovered as the mine accesses ore tonnes from Block 5 and Teberebie Cut 2a compared to Block 5 and the drawdown from stockpiles in 2021. Gold production at Obuasi increased by 142,000 ounces, or 131 percent, from 108,000 ounces in 2021 to 250,000 ounces in 2022. Gold production was higher year-on-year mainly due to the Operational Excellence programme which focused on improved grade control practices. The increaseresumption of stoping activities during 2022 following the temporary suspension of underground stoping activities in 2021 due to a sill pillar incident in May 2021, as well as the continued ramp-up of the operations . Gold production at Siguiri increased by 21,000 ounces, or eight percent, from 258,000 ounces in 2021 to 279,000 ounces in 2022. Gold production was partiallyhigher year-on-year mainly due to higher recovered grades, partly offset by lower ore volumes processed (as a result of local community protests related to employment demands which led to mining disruptions and the temporary suspension of mining activities during the month of July 2022). Gold production at Geita increased by 35,000 ounces, or seven percent, from 486,000 ounces in 2021 to 521,000 ounces in 2022. Gold production was higher year-on-year mainly due to higher ore volumes processed as well as higher recovered grades. Gold production at Kibali decreased by 28,000 ounces, or eight percent, from 365,000 ounces in 2021 to 337,000 ounces in 2022. Gold production was lower year-on-year mainly due to lower grades recovered, partly offset by a marginal increase in ore volumes processed.

In the Americas region, production increased by 10,000 ounces, or two percent, from 559,000 ounces in 2021 to 569,000 ounces in 2022. The increase was mainly due to higher production from Serra Grande and Cerro Vanguardia, partly offset by lower production from AGA Mineração. Gold production at AGA Mineração decreased by 20,000 ounces, or six percent, from 331,000 ounces in 2021 to 311,000 ounces in 2022. Gold production was lower year-on-year mainly due to lower ore volumes processed, partly offset by higher grades recovered. In addition, extreme weather including intense rainfalls followed by widespread flooding in the state of Minas Gerais in Brazil during 2022 negatively impacted production. Infrastructure was temporarily inaccessible in and around the mine and employees were confined to their homes in nearby cities during the flooding. Gold production at Serra Grande increased by 5,000 ounces, or six percent, from 83,000 ounces in 2021 to 88,000 ounces in 2022. Gold production was higher year-on-year mainly due to higher recovered grades resulting from changes to the geological model, partly offset by lower ore volumes processed. Production during 2021 was negatively impacted by COVID-19 related restrictions and stabilisation challenges during the conversion of the TSFs to dry-stacking operations to comply with legal requirements in Brazil, which were not repeated in 2022. Gold production at Cerro Vanguardia increased by 25,000 ounces, or 17 percent, from 145,000 ounces in 2021 to 170,000 ounces in 2022. Gold production was higher year-on-year mainly due to a combination of higher ore volumes processed, higher recovered grades and fewer COVID-19 related limitations and restrictions that affected the mine’s ability to operate at full capacity.

In the Australia region, production increased by 44,000 ounces, or nine percent, from 494,000 ounces in 2021 to 538,000 ounces in 2022. This increase was mainly due to higher production from Sunrise Dam and Tropicana. Gold production at Sunrise Dam increased by 3,000 ounces, or one percent, from 229,000 ounces in 2021 to 232,000 ounces in 2022. Gold



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production was marginally higher year-on-year mainly due to higher recovered grades, partly offset by lower ore volumes processed following COVID-19 related production challenges. Gold production at Tropicana increased by 41,000 ounces, or 15 percent, from 265,000 ounces in 2021 to 306,000 ounces in 2022. Gold production was higher year-on-year mainly due to a combination of higher ore volumes processed from the Boston Shaker open pit and underground mine and higher recovered grades as well as the adverse impact of the wall failure in the Boston Shaker open pit in June 2021, which delayed higher grade ore delivery, and which was not repeated during 2022.

Production in 2021

In 2021, AngloGold Ashanti’s total attributable gold production was 2.472 million ounces, a decrease at Siguiriof 334,000 ounces, or 12 percent, compared with its total attributable gold production of 2.806 million ounces in 2020. Production was lower mainly due to the integrationCompany undertaking significant reinvestment across key assets and the temporary suspension of underground mining activities at Obuasi, the direct impact of COVID-19 in the first half of 2021, and secondary impacts of the Carbon-in-Leach (CIL) combination plant thatpandemic, including on the mobility of labour, across 2021. The direct impact on the Company’s production from COVID-19 was completed duringestimated at 47,000 ounces for 2021, compared to 59,000 ounces in 2020.

In the year with a slower ramp-up than anticipated andAfrica region, production decreased by 184,000 ounces, or 11 percent, from 1,603,000 ounces in 2020 to 1,419,000 ounces in 2021. The decrease was mainly due to lower production from both SadiolaIduapriem, Obuasi and Morila as these two operations near the end of their mining activities.

ProductionGeita, partly offset by higher production from Siguiri. Gold production at Iduapriem decreased by two73,000 ounces, or 27 percent, or 11,000from 275,000 ounces in 2019 as compared2020 to 2018,202,000 ounces in the Australia region. The decrease resulted from2021. Gold production was lower mill feed gradesyear-on-year mainly due to lower underground mined volume combined with lower mined gradegrades from the depletion of ore in Cut 1 and delayed waste stripping at Sunrise Dam. The decreaseCut 2 of the Teberebie pit, as well as the impact of a drawdown on stockpiles. Gold production at Obuasi decreased by 19,000 ounces, or 15 percent, from 127,000 ounces in 2020 to 108,000 ounces in 2021. Gold production was partially offsetlower year-on-year mainly due to underground mining activities being voluntarily suspended between 18 May 2021 and 15 October 2021, following a sill pillar incident. From 15 October 2021, underground mining resumed to replenish the run-of-mine stockpile without corresponding gold production. Gold production at Siguiri increased by 44,000 ounces, or 21 percent, from 214,000 ounces in 2020 to 258,000 ounces in 2021. Gold production was higher year-on-year mainly due to an increase at Tropicanaimprovement in recovered grade which was attributable to improved plant recoveries as a result of the carbon-in-leach (“CIL”) conversion done at the end of 2020 and the commencement of processing Block 2 material in the second half of 2021. Gold production at Geita decreased by 137,000 ounces, or 22 percent, from 623,000 ounces in 2020 to 486,000 ounces in 2021. Gold production was lower year-on-year mainly due to mining lower grades and the drawdown on stockpiles, as significant reinvestments progressed across the Geita lease during 2021. Gold production at Kibali increased by 1,000 ounces, or less than one percent, from 364,000 ounces in 2020 to 365,000 ounces in 2021. Gold production was marginally higher mill throughput andyear-on-year as the mine delivered a good overall performance from the metallurgical plant, with increased tonnage during 2021, driven by higher open pit tonnes mined.mined as compared to 2020.


In the Americas region, production decreased by eight90,000 ounces, or 14 percent, or 66,000from 649,000 ounces in 20192020 to 559,000 ounces in 2021. Lower production was encountered at AGA Mineração, Serra Grande and Cerro Vanguardia. Gold production at AGA Mineração decreased by 31,000 ounces, or nine percent, from 362,000 ounces in 2020 to 331,000 ounces in 2021. The Córrego do Sítio mining complex was mainly impacted by challenges in the crushing and milling circuit and lower tonnes of ore treated. Production was also adversely impacted by a seven-day strike by mine workers in September 2021. The Cuiabá mining complex recorded an increase in tonnes of ore treated year-on-year, which was partly offset by lower grades. Gold production at Serra Grande decreased by 31,000 ounces, or 27 percent, from 114,000 ounces in 2020 to 83,000 ounces in 2021. Gold production was lower year-on-year mainly due to lower tonnage resulting from various delays in accessing mine stopes, as comparedwell as lower feed grades, the negative impact of COVID-19 on mining operations as well as operational impacts of the fatality that occurred in February 2021. The production performance was further impacted by stabilisation challenges during the commissioning of the new filter process in connection with work to 2018. Theconvert the TSFs to dry-stacking operations to comply with new legal requirements in Brazil. Gold production at Cerro Vanguardia decreased by 28,000 ounces, or 16 percent, from 173,000 ounces in 2020 to 145,000 ounces in 2021. Gold production was lower year-on-year mainly due to the effect of lower grades as per the mine plan for 2021 as well as COVID-19 related limitations and restrictions that affected the mine’s ability to operate at full capacity.

In the Australia region, production decreased by 60,000 ounces, or 11 percent, from 554,000 ounces in 2020 to 494,000 ounces in 2021. This decrease was mainly at Cerro Vanguardia due to lower production from Sunrise Dam and the mining ofTropicana. Gold production at Sunrise Dam decreased by 27,000 ounces, or 11 percent, from 256,000 ounces in 2020 to 229,000 ounces in 2021. Gold production was lower grades. Production was also lower at Serra Grandeyear-on-year mainly due to lower feedhead grade lower drilling productivity and fewer trucks available. Production was lower at AGA Mineração due to poor ground conditions at the Cuiabá complex and at Córrego do Sítio due to geological model changes, open pit license delays at Rosalino orebody, geotechnical issues and 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 four percent, or 59,000 ounces, in 2018 as compared to 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 due 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 due to a decrease in recovered grade from treating lower grade oxide material and a decrease in metallurgical recovery, which was partly offset by higher tonnes mined in the underground mine. Mine-to-mill grade reconciliations stabilised during the second half of 2021 and access to higher-grade underground ore was achieved at the end of 2021 in the newly accessed Frankie orebody. Gold production at Tropicana decreased by 33,000 ounces, or 11 percent, from 298,000 ounces in 2020 to 265,000 ounces in 2021. Gold production was lower year-on-year mainly due to delaysa lower mill feed grade as stockpile drawdowns increased while mining focused on waste removal in the commissioning of the CIL combination plant.

Production increased by 12 percent, or 66,000 ounces, in 2018 as compared to 2017, in the Australia region. Gold production increased at Sunrise Dam due to higher mill feed grades in the first and the last quarters of 2018. Improved mill feed grades and mill throughput resulted in higher production at Tropicana.

In the Americas region, production decreased by eight percent, or 64,000 ounces, in 2018 as compared to 2017. The decrease was in Brazil mainly at AGA Mineração due to development and infrastructure constraints at the Cuiabá complex and at Córrego do Sítio due to lower grades in the sulphide operation, excessive rainfall and open-pit licensing delays.Havana Stage 2 Cutback. Production was also adversely impacted by lower tonnes placed on the heap leach, model changes, and production stoppages due to strikes.wall failure in the Boston Shaker open pit in June 2021, which delayed higher grade ore delivery. Production at Tropicana was also lower at Serra Grande due to less ore mined following geological model changesadversely affected by labour market shortages which had an impact on open pit and excessive rainfall.underground material movement.








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Comparison of financial performance in 2019, 20182022, 2021 and 20172020

Financial performance of AngloGold AshantiYear ended 31 DecemberFinancial performance of AngloGold AshantiYear ended 31 December
(in $ millions)2019
 2018
 2017
(in $ millions)202220212020
Restated
Continuing operations     Continuing operations
Revenue from product sales3,525
 3,336
 3,394
Revenue from product sales4,501 4,029 4,595 
Cost of sales(2,626) (2,584) (2,607)Cost of sales(3,362)(2,857)(2,829)
Total of all other (expenses) income(448) (429) (481)Total of all other (expenses) income(816)(463)(417)
Share of associates and joint ventures’ profit (loss)168
 122
 22
Share of associates and joint ventures’ profit (loss)166 249 278 
Taxation(250) (212) (163)Taxation(173)(312)(625)
Discontinued operations     Discontinued operations
Profit (loss) from discontinued operations(376) (83) (336)Profit (loss) from discontinued operations  7 
Profit for the periodProfit for the period316 646 1,009 
     
Net profit (loss) attributable to equity shareholders     Net profit (loss) attributable to equity shareholders
- Continuing operations364
 216
 145
- Continuing operations297 622 984 
- Discontinued operations(376) (83) (336) - Discontinued operations  7 
Net profit (loss) attributable to non-controlling interests     Net profit (loss) attributable to non-controlling interests
- Continuing operations

5
 17
 20
- Continuing operations19 24 18 


Comparison of total cost of sales in 2019, 20182022, 2021 and 20172020


The following table presents cost of sales from continuing operations for the AngloGold Ashanti groupGroup for the three-year period ended 31 December 2019:2022:
Cost of sales for AngloGold AshantiYear ended 31 December
(in $ millions)202220212020
Restated
Total cost of sales3,362 2,857 2,829 
Inventory change30 (6)(14)
Amortisation of tangible assets(551)(411)(526)
Amortisation of intangible assets(1)(3)(2)
Amortisation of right of use assets(81)(63)(47)
Retrenchment costs(6)(2)(2)
Rehabilitation and other non-cash costs (38)(32)
Total cash costs2,753 2,334 2,206 
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 20192022 with 2018

2021
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 Brazilian real, Australian dollar and, to a lesser extent, the Argentinean peso and other local currencies 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 increased by $472 million, or 12 percent, from $4,029 million in 2021 to $4,501 million in 2022, mainly as a result of an increase in gold income, partly offset by a decrease in by-product revenue. Gold income increased by $485 million, or 12 percent, from $3,903 million in 2021 to $4,388 million in 2022. This increase was mainly due to an increase in ounces of gold sold, partly offset by a decrease in the average gold price received of $3 per ounce. Gold sold increased by



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269,000 ounces, or 13 percent, from 2.116 million ounces in 2021 to 2.385 million ounces in 2022, which resulted in an increase in gold income of $491 million. The average gold price received decreased by $3 per ounce, from $1,796 per ounce during 2021 to $1,793 per ounce in 2022, which resulted in a decrease in gold income of $6 million. By-product revenue decreased by $13 million, or ten percent, from $126 million in 2021 to $113 million in 2022, mainly due to a decrease in revenue from silver.

Revenue from product sales from the Africa operations (excluding equity-accounted joint ventures) increased by $400 million, or 20 percent, from $1,988 million in 2021 to $2,388 million in 2022, mainly as a result of an increase in gold income. Gold income (excluding equity-accounted joint ventures) increased by $400 million, or 20 percent, from $1,985 million in 2021 to $2,385 million in 2022. This increase was mainly due to higher ounces of gold sold, partly offset by a decrease in the average gold price received. Gold sold increased by 221,000 ounces, or 21 percent, from 1.060 million ounces in 2021 to 1.281 million ounces in 2022, which resulted in an increase in gold income of $403 million. There was an increase in production across all Africa operations in 2022 when compared to 2021. For a discussion of the increase in production at the Africa operations during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in 2022”. The decrease in the average gold price received resulted in a decrease in gold income of $3 million. By-product revenue (excluding equity-accounted joint ventures) of $3 million in 2022 remained unchanged from $3 million in 2021.

Revenue from product sales from the Americas operations decreased by $5 million, from $1,147 million in 2021 to $1,142 million in 2022, mainly as a result of a decrease in by-product revenue, partly offset by an increase in gold income. Gold income increased by $8 million, or one percent, from $1,028 million in 2021 to $1,036 million in 2022. This increase was mainly due to higher ounces of gold sold, partly offset by a decrease in the average gold price received. Gold sold increased by 4,000 ounces, or one percent, from 561,000 ounces in 2021 to 565,000 ounces in 2022, which resulted in an increase in gold income of $10 million. There was an increase in production at Cerro Vanguardia and Serra Grande, partly offset by a decrease in production at AngloGold Ashanti Mineração. For a discussion of the increase in production at the Americas operations during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in 2022”. The decrease in average gold price received resulted in a decrease in gold income of $2 million. By-product revenue decreased by $13 million, or 11 percent, from $119 million in 2021 to $106 million in 2022, mainly due to a decrease in silver revenue from lower silver production in Argentina.

Revenue from product sales from the Australia operations increased by $77 million, or nine percent, from $894 million in 2021 to $971 million in 2022, mainly as a result of an increase in gold income. Gold income increased by $77 million, or nine percent, from $890 million in 2021 to $967 million in 2022. This increase was mainly due to higher ounces of gold sold, partly offset by a decrease in the average gold price received. Gold sold increased by 44,000 ounces, or nine percent, from 495,000 ounces in 2021 to 539,000 ounces in 2022, which resulted in an increase in gold income of $79 million. There was an increase in production at Tropicana which was partly offset by a decrease in production at Sunrise Dam. For a discussion of the increase in production at the Australia operations during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in 2022”. The decrease in the average gold price received resulted in a decrease in gold income of $2 million. By-product revenue of $4 million in 2022 remained unchanged from $4 million in 2021.

Cost of sales

Cost of sales increased by $505 million, or 18 percent from $2,857 million in 2021 to $3,362 million in 2022. The increase was primarily due to an increase in cash operating costs by $394 million, or 18 percent, from $2,160 million in 2021 to $2,554 million in 2022, an increase in amortisation of tangible assets by $140 million, or 34 percent, from $411 million in 2021 to $551 million in 2022, an increase in amortisation of right of use assets by $18 million, or 29 percent, from $63 million in 2021 to $81 million in 2022 and an increase in royalties paid by $23 million, or 14 percent, from $162 million in 2021 to $185 million in 2022, mainly due to higher ounces sold. This increase was partly offset by a decrease in environmental rehabilitation and other non-cash costs by $38 million, or 100 percent, from $38 million in 2021 to nil in 2022, an inventory change of $36 million, or 600 percent, from a charge of $6 million in 2021 to a credit of $30 million in 2022, and a decrease in amortisation of intangible assets by $2 million, or 67 percent, from $3 million in 2021 to $1 million in 2022.

The increase in cash operating costs was mainly due to higher labour and contractors’ costs, commodity prices, logistics costs, consumable stores, services, other charges, fuel and power costs. Higher labour and contractors’ costs were mainly due to the resumption of stoping activities during 2022 at Obuasi, following the temporary suspension of underground mining activities in 2021 due to a sill pillar incident in May 2021. At Geita, with the acceleration of the heavy mobile equipment (“HME”) fleet rebuilds as the open pit mine expanded, higher underground mining contractors’ costs were incurred. Higher labour and contractors’ costs were also due to shortages of critical skills at certain operations. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, explosives, timber and reagents. Higher fuel and power costs were mainly due to the increase in the average price of Brent Crude oil, which increased from $71 per barrel in 2021 to $97 per barrel in 2022, a $26, or a 37 percent, per barrel increase. The increase in amortisation of tangible assets was mainly due to the Obuasi redevelopment project continuing to ramp up to full production, higher deferred stripping amortisation at Tropicana and Iduapriem, and higher Mineral Reserve development amortisation at Tropicana and Geita. The increase in amortisation of right of use assets was mainly due to the business strategy whereby certain heavy mobile equipment is leased, mainly at the Brazil and Africa operations. The increase in royalties paid primarily arose from an increase in ounces of gold sold in 2022 as compared to 2021. The decrease in environmental rehabilitation and other non-cash costs primarily arose from



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the changes to restoration provision cash flows in 2022 compared to 2021. The change in restoration provision cash flows was attributable to changes in discount rates due to changes in global economic assumptions, changes in mine plans resulting in a change in cash flows, changes in design of our TSFs in Brazil due to new legal requirements, and changes in the methodology used to calculate such estimates in response to comments from environmental regulatory authorities. The inventory change was mainly due to higher gold on hand at Obuasi, Siguiri, Geita, Tropicana and Sunrise Dam related to the timing of gold pours and shipments, lower amortisation of inventories in Brazil due to the suspension of tailings disposal and processing plant effluents treatment and lower amortisation of inventories at Cerro Vanguardia due to a higher volume of gold in process. The decrease in amortisation of intangible assets was mainly due to lower software and licence expenditure at Obuasi as compared to 2021.

In Africa, cost of sales increased by $354 million, or 21 percent, from $1,650 million in 2021 to $2,004 million in 2022. The increase was mainly due to an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, services, other charges, fuel and power costs, royalties paid and amortisation of tangible assets. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, explosives, timber and reagents. Higher fuel and power costs were mainly due to the increase in the price of Brent Crude oil. The increase in cost of sales was partly offset by lower environmental rehabilitation and other non-cash costs and inventory changes in 2022 as compared to 2021.

In the Americas, cost of sales increased by $91 million, or 11 percent, from $822 million in 2021 to $913 million in 2022. The increase was mainly due to an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, amortisation of tangible and right of use assets, services and other charges, power and fuel cost, and write down of inventory. Royalties paid were higher mainly due to an increase in ounces of gold sold in 2022 as compared to 2021. The higher labour and contractors’ costs were mainly due to cost increases resulting from shortages of critical skills. Higher commodity costs were due to an increase in the prices of steel, support and construction materials, explosives, timber and reagents. Higher fuel and power costs were mainly due to the increase in the price of Brent Crude oil. The strengthening of the Brazilian real by four percent against the US dollar further increased costs. The increase in cost of sales was partly offset by lower environmental rehabilitation and other non-cash costs, inventory changes and the weakening of the Argentinean peso by 37 percent against the US dollar, as compared to 2021.

In Australia, cost of sales increased by $43 million, or six percent, from $740 million in 2021 to $783 million in 2022. The increase was mainly due to an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, services and other charges, power and fuel costs, amortisation of tangible assets, and royalties paid mainly due to an increase in ounces of gold sold in 2022 as compared to 2021. The higher labour and contractors’ costs were mainly due to shortages of critical skills. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, explosives, timber and reagents. Higher fuel and power costs were mainly due to the increase in the price of Brent Crude oil. The increase in cost of sales was partly offset by lower environmental rehabilitation and other non-cash costs, and the weakening of the Australian dollar against the US dollar by eight percent as compared to 2021.

Total cash costs

Total cash costs increased by $419 million, or 18 percent, from $2,334 million in 2021 to $2,753 million in 2022. The increase was primarily due to an increase in cash operating costs and royalties paid. Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, reagents, logistics, fuel, power, water and contractors’ costs), royalties and other cash costs. The strengthening of the Brazilian real against the US dollar contributed to the increase in total cash costs, which was partly offset by the weakening of local currencies against the US dollar in Australia and Argentina.

Cash operating costs increased by $394 million, or 18 percent, from $2,160 million in 2021 to $2,554 million in 2022, primarily due to higher labour and contractors’ costs, commodity prices, logistics costs, consumable stores, services and other charges as well as higher fuel and power costs.

The strengthening of the Brazilian real against the US dollar contributed to the increase in total cash costs, which was partly offset by the weakening of local currencies against the US dollar in Australia and Argentina. Cash operating costs include salaries and wages, stores, explosives, reagents, logistics, fuel, power, water and contractors’ costs.

Royalties, which are generally calculated as a percentage of revenue, increased by $23 million, or 14 percent, from $162 million in 2021 to $185 million in 2022. The increase was primarily due to an increase in gold sales across all mining operations with the exception of Sunrise Dam, AGA Mineração and Kibali. The increase was partly offset by a decrease in the average gold price received per ounce.

Retrenchment costs

Retrenchment costs included in cost of sales increased by $4 million, or 200 percent, from $2 million in 2021 to $6 million in 2022.






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Rehabilitation and other non-cash costs

Environmental rehabilitation and other non-cash costs decreased by $38 million, or a 100 percent, from $38 million in 2021 to nil in 2022. The decrease was mainly due to changes in mine plans resulting in a change in cash flows, changes in the methodology used to calculate such estimates in response to comments from environmental regulatory authorities and changes in global economic assumptions. Lower restoration in Australia was mainly due to the completion of a study into reduced waste capping of waste dumps and TSFs, partly offset by ongoing changes in design of TSFs in Brazil to comply with new legal requirements.

Amortisation of tangible, intangible and right of use assets

Amortisation of tangible, intangible and right of use assets expense increased by $156 million, or 33 percent, from $477 million in 2021 to $633 million in 2022.

Amortisation of tangible assets increased by $140 million, or 34 percent, from $411 million in 2021 to $551 million in 2022. The increase was mainly due to higher amortisation at Iduapriem (mainly due to higher gold production combined with higher deferred stripping amortisation at Teberebie Cut 2a which commenced in 2022), at Tropicana (mainly due to higher deferred stripping amortisation due to mining and depletion of different ore bodies and due to increased capital additions), at Serra Grande (mainly due to higher gold production), at Obuasi (mainly due to higher production and the reset of the useful life for the mining fleet), at Geita (mainly due to the useful life reset done in 2022 for Mineral Reserve development and heavy mining equipment coming into production), at Cerro Vanguardia (mainly due to lower reserves at the end of 2022 compared with at the end of 2021 and higher deferred stripping amortisation) and at Siguiri (mainly due to higher gold production), partially offset by lower amortisation at CdS (mainly due to lower gold production and reduction in asset cost due to the impairment that occurred during 2022) and at Sunrise Dam (mainly due to a decrease in Mineral Reserve development due to strategy focusing on exploration activities).

Amortisation of intangible assets decreased by $2 million, or 67 percent, from $3 million in 2021 to $1 million in 2022, mainly due to lower software and licence expenditure at Obuasi as compared to 2021.

Amortisation of right of use assets increased by $18 million, or 29 percent, from $63 million in 2021 to $81 million in 2022, mainly due to additional lease contracts for heavy mobile equipment entered into at AGA Mineração, Serra Grande and Geita.

Inventory change

Inventory change was a charge of $6 million in 2021 as compared to a credit of $30 million in 2022, which represents a change of $36 million. This change was primarily due to lower cost of unsold gold at Obuasi of $16 million as a result of timing of shipments, lower cost at Siguiri of $5 million and at Geita of $7 million due to an increase in gold on hand, lower cost at the Australian operations of $3 million due to timing of gold pours and shipments, lower amortisation of inventories at the Brazil operations resulting from the suspension of tailings disposal and processing plant effluents treatment of $3 million, and lower amortisation of inventories at Cerro Vanguardia due to a higher volume of gold in process of $5 million. This change was partly offset by an increased cost due to higher sales and higher production in 2022 at Cerro Vanguardia of $3 million.

Impairment, derecognition of assets and profit (loss) on disposal

Impairment, derecognition of assets and profit (loss) on disposal was a profit of $11 million in 2021 as compared to a loss of $304 million in 2022, which represents a change of $315 million. This change was mainly due to the impairment of the Córrego do Sítio mining complex CGU of $189 million (gross of taxation), the impairment of the Serra Grande CGU of $45 million (gross of taxation), the impairment of the Cuiabá CGU of $70 million (gross of taxation) and asset derecognitions at Siguiri, Obuasi and Geita of $4 million, partly offset by disposal of properties held in Brazil of $4 million. For further information on the impairment losses in Brazil during 2022, refer to “Item 5A: Operating Results—Key factors affecting results—Impairment, derecognition of assets and profit (loss) on disposal”.

Other (expenses) income

Other (expenses) income decreased by $110 million, or 81 percent, from an expense of $136 million in 2021 to an expense of $26 million in 2022. The decrease during 2022 was largely due to care and maintenance activities of $45 million incurred in 2021 at the Obuasi mine during the voluntary suspension of underground mining between May and October 2021 following a sill pillar incident, retrenchment and related costs of $18 million incurred in 2021 as part of the transition to the new Operating Model and bond settlement costs of $24 million incurred in 2021 related to the tender offer for, and subsequent redemption of, the $750 million aggregate principal amount of 5.125% notes due 2022, none of which were repeated in 2022. The non-occurrence of the aforementioned costs in 2022 contributed to a decrease in cost of $87 million. Further decreases in other expenses were primarily due to the lower cost of legacy tailings operations, mainly at Obuasi, as a result of fewer activities at such legacy tailings operations, and lower VAT and other duties expensed. These decreases in other expenses were partly offset by higher due diligence project costs during 2022.





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Finance costs and unwinding of obligations

Finance costs increased by $9 million, or eight percent, from $110 million in 2021 to $119 million in 2022, mainly due to a decrease in capitalisation of interest against the Obuasi redevelopment project, lower finance costs from borrowings and higher amortisation fees compared to 2021. Unwinding of obligations increased by $24 million, or 400 percent, from $6 million in 2021 to $30 million in 2022, mainly due to an increase in unwinding of other indirect taxes at Geita and non-current receivables at Siguiri as well as higher unwinding on the environmental rehabilitation provisions.

Share of associates and joint ventures’ profit

Share of associates and joint ventures’ profit decreased by $83 million, or 33 percent, from a profit of $249 million in 2021 to a profit of $166 million in 2022, mainly as a result of a decrease in equity earnings of $77 million at Kibali due to lower revenues and higher legal and dividend settlement fees, and $5 million at Rand Refinery (Pty) Limited.

Taxation

A taxation expense of $173 million was recorded in 2022, compared to a taxation expense of $312 million in 2021, which represents a $139 million, or 45 percent, decrease. Charges for current tax in 2022 amounted to $231 million, compared to $248 million in 2021, which represents a $17 million, or seven percent, decrease. The decrease in current tax was mainly due to lower pre-tax profit in Brazil. Charges for deferred tax in 2022 amounted to a deferred tax credit of $58 million, compared to an expense of $64 million in 2021, which represents a $122 million, or 191 percent, decrease. The decrease in deferred tax was mainly due to higher deferred tax assets raised in Ghana and higher impairments in Brazil.

Comparison of financial performance in 2021 with 2020

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 ArgentinianArgentinean 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“Item 5A: Operating Results-KeyResults—Key factors affecting results-Foreignresults—Foreign exchange fluctuations”.


Revenue from product sales


Revenue from product sales increaseddecreased by $189$566 million, or six12 percent, from $3,336$4,595 million in 20182020 to $3,525$4,029 million in 2019,2021, mainly as a result of thea decrease in gold income, partly offset by an increase in by-product revenue. Gold income decreased by $587 million, or 13 percent, from $4,490 million in 2020 to $3,903 million in 2021. This decrease was mainly due to a decrease in ounces of gold sold, partly offset by an increase in the average gold price received of $128$18 per ounce. Gold income increased by $236 million, or seven percent, from $3,203 million in 2018 to $3,439 million in 2019, due to the increase in the gold price received partially offset by the decrease in gold sold. Gold sold decreased by 50,000354,000 ounces, or two14 percent, from 2.462.470 million ounces in 20182020 to 2.412.116 million ounces in 2019.2021, which resulted in a decrease in gold income of $619 million. The average gold price received increased by $128$18 per ounce, or tenone percent, from $1,266$1,778 per ounce during 20182020 to $1,394$1,796 per ounce in 2019,2021, which resulted in an increase in gold income of $316$32 million. By-product revenue decreasedincreased by $47$21 million, or 3520 percent, to $86 million from $133$105 million in 2018,2020 to $126 million in 2021, mainly due to a decreasean increase in revenue from silver.


Revenue from product sales from the Continental Africa operations increased(excluding equity-accounted joint ventures) decreased by $185$305 million, or 13 percent, to $1,590from $2,293 million in 2019 from $1,4052020 to $1,988 million in 2018,2021, mainly as a result of thea decrease in gold income. Gold income (excluding equity-accounted joint ventures) decreased by $305 million, or 13 percent, from $2,290 million in 2020 to $1,985 million in 2021. This decrease was mainly due to lower ounces of gold sold, partly offset by an increase in the average gold price received,received. Gold sold decreased by 189,000 ounces, or 15 percent, from 1.249 million ounces in 2020 to 1.060 million ounces in 2021, which resulted in an increase of gold

income of $140 million. The increase in gold ounces sold resulted in an increasea decrease in gold income of $47$317 million. The increasedecrease was mainly due to the transition to predominantly underground operations which resulted inlower production from Iduapriem, Obuasi and Geita, partly offset by higher grade material and increased tonnes treated at Geita and improved production at Iduapriem due toSiguiri. For a discussion of the Operational Excellence programme which focused on improved grade control practices.decrease in production at the Africa operations during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”. 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.

Revenue from product sales from Australia increased by $72 million, or nine percent, from $782 million in 2018 to $854 million in 2019. The increase in theaverage gold price received resulted in an increase in gold income of $78$12 million. Gold production decreased as a resultBy-product revenue (excluding equity-accounted joint ventures) of lower mill feed grades due to lower underground mined volume combined with lower mined grade at Sunrise Dam. The decrease$3 million in production was partially offset by an increase at Tropicana as a result of higher mill throughput and tonnes mined. The decrease2021 remained unchanged from $3 million in gold ounces sold resulted in a decrease in gold income of $8 million.2020.


Revenue from product sales from the Americas operations decreased by $68$163 million, or six12 percent, from $1,149$1,310 million in 20182020 to $1,081$1,147 million in 2019.2021, mainly as a result of a decrease in gold income, partly offset by an increase in by-product revenue. Gold income decreased by $21$183 million, or two15 percent, from $1,021$1,211 million in 20182020 to $1,000$1,028 million in 2019.The2021. This decrease was mainly due to a decreaselower ounces of 78,000gold sold, partly offset by an increase in the average gold price received. Gold sold decreased by 103,000 ounces, or 16 percent, from 664,000 million ounces in gold sold2020 to 561,000 ounces in 2019,2021, which resulted in a decrease in gold income of $113$194 million. GoldFor a discussion of the decrease in production primarily decreased at Cerro Vanguardiathe Americas operations during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”. The increase in average gold price received resulted in an increase of gold income of $11 million. By-product revenue increased by $20 million, or 20 percent, from $99 million in 2020 to $119 million in 2021, mainly due to development and infrastructure constraints, coupled with lower grades. Thean increase in revenue from silver.



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Revenue from product sales from the Australia operations decreased by $98 million, or ten percent, from $992 million in 2020 to $894 million in 2021, mainly as a result of a decrease in gold income, partly offset by an increase in by-product revenue. Gold income decreased by $99 million, or ten percent, from $989 million in 2020 to $890 million in 2021. This decrease was partiallymainly due to lower ounces of gold sold, partly offset by an increase in the average gold price received. Gold sold decreased by 62,000 ounces, or 11 percent, from 557,000 million ounces in 2020 to 495,000 ounces in 2021, which resulted in a decrease in gold income of $108 million. For a discussion of the decrease in production at the Australia operations during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”. The increase in the average gold price received which resulted in an increase in gold income of $92$9 million. By-product revenue decreasedincreased by $47$1 million, or 3733 percent, to $81 million from $128$3 million in 2018,2020 to $4 million in 2021, mainly due to a decreasean increase in revenue from silver.


Cost of sales


Cost of sales increased by $28 million, or one percent, from $2,584$2,829 million in 20182020 to $2,626$2,857 million in 2019, which represents a $42 million, or two percent, increase.2021. The increase was primarily due to a $36an increase in cash operating costs by $148 million, or seven percent, from $2,012 million in 2020 to $2,160 million in 2021, an increase in environmental rehabilitation and other non-cash costs by $6 million, or 19 percent, from $17$32 million in 20182020 to $53$38 million in 2019.2021, and an increase in amortisation of right of use assets by $16 million, or 34 percent, from $47 million in 2020 to $63 million in 2021. The increase was partly offset by a decrease in royalties paid by $19 million, or ten percent, from $181 million in 2020 to $162 million in 2021, a decrease in amortisation of tangible assets of $115 million, or 22 percent, from $526 million in 2020 to $411 million in 2021 and an inventory change of $8 million, or 57 percent, from a charge of $14 million in 2020 to a charge of $6 million in 2021. The increase in cash operating costs was mainly due to higher labour and contractors’ costs, commodity prices, logistics costs, consumable stores, COVID-19 pandemic related expenditure, services, other charges, fuel and power costs. Higher labour and contractors’ costs were mainly due to COVID-19 related cost increases resulting from challenges with travel restrictions and shortages of critical skills at certain operations. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, lime and other reagents. COVID-19 presented challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory prices. Higher fuel and power costs were mainly due to the increase in the average price of Brent Crude oil, which increased from $42 per barrel in 2020 to $71 per barrel in 2021, a $29, or a 69 percent, per barrel increase. The increase in environmental rehabilitation and other non-cash costs primarily arose from the changes to restoration provision cash flows inflation rates andin 2021 compared to 2020. The change in restoration provision cash flows was attributable to changes in discount rates due to changes in global economic assumptions, changes in mine plans resulting in a change in cash flows, changes in design of our TSFs in Brazil due to new legal requirements, and changes in the methodology used to calculate such estimates in response to comments from environmental regulatory authorities. The increase in amortisation of right of use assets was mainly due to an increase in number of right of use assets in 2021 as compared to 2018.2020 largely due to a change in business strategy whereby certain heavy mobile equipment is leased. The decrease in royalties paid primarily arose from a decrease in ounces of gold sold in 2021 as compared to 2020. The decrease in amortisation of tangible assets was mainly due to lower amortisation of waste stripping and lower gold production in 2021 as compared to 2020.


In Continental Africa, cost of sales increaseddecreased by $62 million, or five percent, from $1,127$1,362 million in 20182020 to $1,173$1,300 million in 2019, which represents2021. The decrease was mainly due to lower amortisation of waste stripping and lower royalties paid due to a $46decrease in ounces of gold sold in 2021 as compared to 2020. The decrease in cost of sales was partly offset by an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, environmental rehabilitation and other non-cash costs, amortisation of right of use assets, services and other charges, power and fuel costs and higher ore stockpile adjustments. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, lime and other reagents. COVID-19 presented challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory prices. The higher fuel and power costs were mainly due to the increase in the price of Brent Crude oil.

In the Americas, cost of sales increased by $58 million, or foureight percent, increase.from $764 million in 2020 to $822 million in 2021. The increase was mainly due to an increase in royalties,labour and contractors’ costs, commodity prices, logistics costs, consumable stores, amortisation of right of use assets, services and other charges, power and fuel cost, write down of inventory and environmental rehabilitation and other non-cash costs. The higher labour and contractors’ costs amortisationwere mainly due to COVID-19 related cost increases resulting from challenges with travel restrictions and shortages of critical skills. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, lime and other reagents. COVID-19 presented challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory change.prices. The higher fuel costs were mainly due to the increase in the price of Brent Crude oil. The increase in cost of sales was partly offset by lower royalties paid due to a decrease in ounces of gold sold in 2021 as compared to 2020, lower amortisation of tangible assets due to a decrease in ounces of gold produced in 2021 as compared to 2020 and the weakening of the local currencies against the US dollar. The Argentinean peso weakened by 35 percent and the Brazilian real by five percent, against the US dollar.


In Australia, cost of sales increased by $35 million, or five percent, from $622$705 million in 20182020 to $632$740 million in 2019, which represents a $10 million, or two percent, increase.2021. The increase was mainly due to an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, amortisation of right of use assets, services and inventory change. The increase was partially offset by a decrease in service-relatedother charges, power and fuel costs, ore stockpile adjustments and the weakeningstrengthening of the Australian dollar against the US dollar.dollar by eight percent. The higher labour and contractors’ costs were


In

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mainly due to COVID-19 related cost increases resulting from challenges with travel restrictions and shortages of critical skills. Higher commodity costs were mainly due to an increase in the Americas,prices of steel, support and construction materials, lime and other reagents. COVID-19 presented challenges within the overall logistics sector resulting in higher cost of sales decreased from $838 million in 2018 to $822 million in 2019, which represents a $16 million, or two percent, decrease.transportation, warehousing and inventory prices. The decrease washigher fuel costs were mainly due to the weakeningincrease in the price of the local currencies, the Argentinian pesoBrent Crude oil. The increase in cost of sales was partly offset by 72 percentlower environmental rehabilitation and the Brazilian real by eight percent, against the US dollar.other non-cash costs, lower amortisation of waste stripping due to lower levels of stripping in 2021 as compared to 2020 and lower royalties paid due to a decrease in ounces of gold sold in 2021 as compared to 2020.


Total cash costs


Total cash costs decreasedincreased by $128 million, or six percent, from $1,996$2,206 million in 20182020 to $1,981$2,334 million in 2019, which represents a $15 million, or one percent, decrease.2021. The decreaseincrease was primarily due to the weakening of local currencies against the US dollar. The decrease was partially offset by an increase in royalties.cash operating costs, partly offset by a decrease in royalties paid. Total cash costs include cash operating costs (which include salaries and wages, stores, explosives, timber, reagents, logistics, fuel, power, water and contractors’ costs), royalties and other cash costs.

Cash operating The strengthening of the Australian dollar against the US dollar contributed to the increase in total cash 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 towas partly offset by the weakening of local currencies against the US dollar.dollar in Brazil and Argentina.

Cash operating costs increased by $148 million, or seven percent, from $2,012 million in 2020 to $2,160 million in 2021, primarily due to higher labour and contractors’ costs, commodity prices, logistics costs, consumable stores, COVID-19 pandemic related expenditure, services and other charges as well as higher fuel and power costs. The strengthening of the Australian dollar against the US dollar contributed to the increase in total cash costs, which was partly offset by the weakening of local currencies against the US dollar in Brazil and Argentina. Cash operating costs includes salaries and wages, stores, explosives, timber, reagents, logistics, fuel, power, water and contractors’ costs.


Royalties, which are generally calculated as a percentage of revenue, increaseddecreased by $19 million, or ten percent, from $133$181 million in 20182020 to $137$162 million in 2019, which represents a $4 million, or three percent, increase,2021. The decrease was 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.gold sales across all mining operations with the exception of Siguiri and Kibali. The decrease was partly offset by an increased average gold price received per ounce.


Retrenchment costs


Retrenchment costs included in cost of sales remained unchanged at $2 million in 2019 at $4 million2021 as in 2018.compared to 2020.


Rehabilitation and other non-cash costs


RehabilitationEnvironmental rehabilitation and other non-cash costs increased by $6 million, or a 19 percent, from $17$32 million in 20182020 to $53$38 million in 2019, which represents a $36 million increase. This2021.The increase was primarily due to a change in discount ratesmainly due to changes in global economic assumptions anddesign of TSFs in Brazil to dry-stacked structures to comply with new legal requirements, changes in mine plans resulting in a change in cash flows and changes in design facilities andthe methodology following requestsused to calculate such estimates in response to comments from environmental regulatory authorities compared to 2018.and changes in global economic assumptions.



Amortisation of tangible, intangible and right of use assets


Amortisation of tangible, intangible and right of use assets expense increaseddecreased by $98 million, or 17 percent, from $558$575 million in 20182020 to $583$477 million in 2019, which represents a $25 million, or four percent, increase. 2021.

Amortisation of tangible assets decreased by $15$115 million, or three22 percent, from $553$526 million in 20182020 to $538$411 million in 2019, largely2021. The decrease was mainly due to lower amortisation at Geita due to lower production and the closure of the Nyankanga Cut 8 open pit in 2021, the reset of useful life in February 2021 for the heavy moving equipment fleet resulting in lower amortisation compared to 2020, and the reset of the useful life in February 2021 for Mineral Reserve development amortisation drivers and lower Mineral Reserve development capital expenditures in 2021 compared to 2020. At Iduapriem, amortisation was lower than in 2020 mainly due to lower production and lower deferred stripping amortisation in 2021 at Cerro Vanguardia,Teberebie Cut 1 and Cut 3, at AGA Mineração, amortisation was lower depreciation on the wastemainly due to lower production, and at Tropicana, amortisation was lower mainly due to lower production and lower deferred stripping assetamortisation, partly offset by higher Mineral Reserve development amortisation. This decrease was partly offset by higher amortisation at Obuasi as the open pit ore is being depleted, lower depreciation on the mining fleetredevelopment project progressed.

Amortisation of intangible assets increased by $1 million, or 50 percent, from $2 million in 2020 to $3 million in 2021, mainly due to higher software and licence expenditure at Obuasi as compared to 2020.

Amortisation of right of use assets increased by $16 million, or 34 percent, from $47 million in 2020 to $63 million in 2021 largely at AGA Mineração, Serra Grande and Geita mainly due to a change in fleet managementbusiness strategy whereby certain heavy mobile equipment is leased at these operations.





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Inventory change

Inventory change decreased from a charge of $14 million in 2020 to a charge of $6 million in 2021, which represents a $8 million, or 57 percent, decrease. This decrease was primarily due to lower cost and amortisation at Cerro Vanguardia of $23 million due to fewer ounces produced and sold than in 2020 and lower cost at Geita of $11 million with fewer ounces produced and lower production at Serra Grande. The decrease was partiallysold, partly offset by an inventory valuation upward adjustment at Obuasi of $14 million as a result of timing of shipment.

Impairment, derecognition of assets and profit (loss) on disposal

Impairment, derecognition of assets and profit (loss) on disposal increased by $12 million from a loss of $1 million in 2020 to a profit of $11 million in 2021. During 2021, profit on disposal of assets was $17 million mainly due to the disposal of properties held in Brazil, partly offset by derecognition of assets at Obuasi of $4 million, impairment of assets at the Corporate office of $1 million due to relocation to new premises and impairment of the La Cascada hydroelectric power plant assets at Gramalote of $1 million. This compares to a $1 million loss from real estate activities in Brazil in 2020.

Other (expenses) income

Other (expenses) income increased by $79 million, or 139 percent, from an expense of $57 million in 2020 to an expense of $136 million in 2021. The 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 increaseduring 2021 was largely due to care and maintenance activities at the Obuasi mine, retrenchment and related costs, premium on settlement of bonds and a refund from an increaseinsurance claim in government fiscal claims, cost2020 which was not repeated in 2021. Underground mining activities were voluntarily suspended between 18 May 2021 and 15 October 2021 at the Obuasi mine, following a sill pillar incident. From 15 October 2021, underground mining resumed to replenish the run-of-mine stockpile without corresponding gold production. Since the voluntary suspension of tailing operations and other expenses,underground mining activities, care and maintenance costs of $45 million were incurred at Obuasi during 2021. Retrenchment and related costs of $18 million were incurred during 2021 as part of the public infrastructure contributiontransition to the new Operating Model. Bond settlement costs during 2021 related to costs associated with the tender offer for, and subsequent redemption of, the $750 million aggregate principal amount of 5.125% notes due 2022 and amounted to $24 million. These increases in Guinea. The increase was partiallyexpenses were partly offset by a decrease in corporate retrenchmentsthe lower cost of legacy tailings operations, mainly at Obuasi, due to fewer activities at such legacy tailings operations, lower VAT and power grid refunds in Brazil.other duties expensed.


Finance costs and unwinding of obligations


Finance costs increaseddecreased by $3$28 million, or two20 percent, to $143from $138 million in 2019, compared2020 to $140$110 million in 20182021, mainly due to an increase in capitalisation of interest against the effect of IFRS 16 Leases (effective from1 January 2019) on finance costs partially offset byObuasi redevelopment project, lower finance costs from borrowings.borrowings and amortisation fees as 2020 included finance costs related to a $1.0 billion standby credit facility not repeated in 2021. Unwinding of obligations of $29decreased by $33 million, was recorded in 2019 compared with $28or 85 percent, from $39 million in 2018.2020 to $6 million in 2021, mainly due to a decrease in unwinding of other indirect taxes at Geita.


Share of associates and joint ventures'ventures’ profit


Share of associates and joint ventures'ventures’ profit increaseddecreased by $46$29 million, or 38ten percent, from a profit of $278 million in 2020 to a profit of $168$249 million in 2019, compared to a profit of $122 million in 2018,2021 mainly as a result of an increasea decrease in equity earnings of $39$7 million at Kibali.Kibali and $5 million at Rand Refinery (Pty) Limited, as well as a profit of $19 million on the sale of the Morila and Sadiola mines in Mali during 2020 not repeated in 2021, partly offset by losses of $2 million at Gramalote during 2020 not repeated during 2021.


Taxation


A taxation expense of $250$312 million was recorded in 2019,2021, compared to ana taxation expense of $212$625 million in 2018,2020, which represents a $38$313 million, or 1850 percent, increase.decrease. Charges for current tax in 20192021 amounted to $298$248 million, compared to $242$562 million in 2018,2020, which represents a $56$314 million, or 2356 percent, increase.decrease. The increasedecrease in current tax iswas mainly due to higher earningslower pre-tax profit in Ghana, Australia, TanzaniaBrazil, Argentina and Ghana.Tanzania. Charges for deferred tax in 20192021 amounted to a net deferred tax benefitexpense of $48$64 million, compared to a net deferred tax benefit of $30$63 million in 2018,2020, which represents a $18$1 million, or 60two 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 lossprofit from discontinued operations of $376$7 million was recorded in 2019, compared to a loss2020, which was not repeated in 2021. The profit of $83 million in 2018, which represents a $293 million increase. The loss of $376$7 million consists of an operating profitloss after tax of $9 million and an impairment lossreversal of $385$16 million. TheAs a result of the sale of the Company’s remaining South African producing assets and related liabilities in September 2020, the South African operations have beenwere 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 dollaryear ended 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”.as at 31 December 2020.


Revenue from product sales



Revenue from product sales decreased by $58 million, or two percent, from $3,394 million in 2017 to $3,336 million in 2018, mainly as a result of the decrease in gold sold of 42,000 ounces partially offset by an increase in the gold price received. Gold income decreased by $52 million, or two percent, from $3,255 million in 2017 to $3,203 million in 2018, mainly due to the decrease

159

in gold sold. 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 $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 mill throughput resulted in higher production at Tropicana. The increase in the gold price received resulted in an increase in gold income of $6 million.

Revenue from product sales from the Americas operations decreased by $90 million, or seven percent, from $1,239 million in 2017 to $1,149 million in 2018. The decrease was due to a decrease of 72,000 ounces in gold sold in 2018, which resulted in a decrease in gold income of $91 million. Gold production primarily decreased at AGA Mineração mainly due to development and infrastructure constraints, coupled with lower grades. The increase in the gold price received resulted in an increase in gold income of $8 million.

Cost of sales

Cost of sales decreased from $2,607 million in 2017 to $2,584 million in 2018, which represents a $23 million, or one percent, decrease. The decrease was primarily due to a $132 million, or 19 percent, decrease in total amortisation from $690 million in 2017 to $558 million in 2018.

In Continental Africa, cost of sales increased from $1,072 million in 2017 to $1,127 million in 2018, which represents a $55 million, or five percent, increase. The increase was mainly due to an increase in contractor costs, labour costs, fuel and power costs, service related costs, royalties, rehabilitation and other non-cash costs and inventory change. The increase was partially offset by a decrease in amortisation of tangible assets.

In Australia, cost of sales increased from $551 million in 2017 to $622 million in 2018, which represents a $71 million, or 13 percent, increase. 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.

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 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.

Total cash costs

Total cash costs increased from $1,881 million in 2017 to $1,996 million in 2018, which represents a $115 million, or six percent, increase. The increase was primarily due to an increase in cash operating costs and royalties, partially offset by weaker local currencies 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.

Cash operating costs increased from $1,756 million in 2017 to $1,850 million in 2018, which represents a $94 million, or five percent, increase. The increase was primarily due to inflationary increases, partially offset by weaker 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 $111 million in 2017 to $133 million in 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 Geita.

Retrenchment costs

Retrenchment costs included in cost of sales decreased from $6 million in 2017 to $4 million in 2018, which represents a $2 million, or 33 percent, decrease. The decrease was mainly due to lower retrenchment costs in Brazil.

Rehabilitation and other non-cash costs

Rehabilitation and other non-cash costs increased from $16 million in 2017 to $17 million in 2018, which represents a $1 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 2017.

Amortisation of tangible, and intangible assets

Amortisation of tangible and intangible assets expense decreased from $690 million in 2017 to $558 million in 2018, which represents a $132 million, or 19 percent, decrease. Amortisation of tangible assets decreased by $132 million, or 19 percent, from $685 million in 2017 to $553 million in 2018, largely due to the 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 Sítio and Serra Grande. The decrease was partially offset by an increase in amortisation at Sunrise Dam and Tropicana in Australia due to higher production.

Inventory change

Inventory decreased from $14 million in 2017 to $9 million in 2018, which represents a $5 million, or 36 percent, decrease.

Other expenses

Other expenses decreased from $150 million in 2017 to $79 million in 2018, which represents a $71 million, or 47 percent, decrease. The decrease was mainly due to the provision for the settlement of the silicosis class action of $63 million not repeated in 2018.

Finance costs and unwinding of obligations

Finance costs decreased by $1 million, or one percent, to $140 million in 2018, compared to $141 million in 2017. Unwinding of obligations of $28 million was recorded in 2018 compared with $16 million in 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, 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 $15 million in 2017 to $29 million in 2018.

Taxation

A taxation expense of $212 million was recorded in 2018, compared to an expense of $163 million in 2017, which represents a $49 million, or 30 percent, increase. Charges for current tax in 2018 amounted to $242 million, compared to $176 million in 2017, which represents a $66 million, or 38 percent, increase. The increase in current tax is mainly due to higher earnings in Ghana and Argentina in 2018 compared to credits received for changes to tax legislation enacted in North America during December 2017. Charges for deferred tax in 2018 amounted to a net deferred tax benefit of $30 million, compared to a net deferred tax benefit of $13 million in 2017 , which represents a $17 million, or 131 percent, increase. The increase in the deferred taxation benefit mainly relates to lower withholding tax in Tanzania and a taxation holiday agreement from 2018 in Guinea.

Discontinued operations

A loss from discontinued operations of $83 million was recorded in 2018, compared to a loss of $336 million in 2017, which represents a $253 million decrease. 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 capital expenditure in 2019, 20182022, 2021 and 20172020


The following table presents capital expenditure data from continuing operations for the AngloGold Ashanti groupGroup for the three-year period ended 31 December 2019:2022:
Capital expenditure data for AngloGold AshantiYear ended 31 December
(in $ millions)202220212020
Restated
Capital expenditure1,118 1,100 795 
- Consolidated entities1,028 1,028 739 
- Equity-accounted joint ventures90 72 56 

Capital expenditure data for AngloGold Ashanti Year ended 31 December
(in $ millions) 2019
 2018
 2017
Capital expenditure 754
 645
 798
- Consolidated entities 703
 576
 675
- Equity accounted joint ventures 51
 69
 123
Comparison of capital expenditure in 2022 with 2021


Total capital expenditure was $754(including equity-accounted joint ventures) increased by $18 million, or two percent, from $1,100 million in 2019, compared2021 to $645$1,118 million in 2018. This represents a $109 million, or 17 percent, increase from 2018.2022. This increase iswas mainly due to increased expenditure on sustaining capital ($1 million) and non-sustaining project capital ($17 million). AngloGold Ashanti embarked on a multi-year initiative at the beginning of 2020 to increase investment in Mineral Reserve development and brownfields exploration. The aim of this investment is to increase the rate of Mineral Reserve conversion, extend the reserve lives of our assets, enhance mining flexibility and further improve our knowledge of the ore bodies in the portfolio.

In Africa (including equity-accounted joint ventures), capital expenditure increased by $70 million, or 14 percent, from $506 million in 2021 to $576 million in 2022. At Iduapriem in Ghana, capital expenditure increased by $41 million from $105 million in 2021 to $146 million in 2022, mainly due to waste stripping at Cut 2 and increased non-sustaining project capital expenditure for work relating to buttressing the TSF, partly offset by lower pre-stripping activities. At Obuasi in Ghana, capital expenditure decreased by $9 million from $168 million in 2021 to $159 million in 2022, mainly due to lower non-sustaining project capital expenditure as construction of Phase 2 of the Obuasi redevelopment project was completed at the end of December 2021. Phase 3 of the Obuasi redevelopment project, which relates principally to capital expenditure to refurbish existing infrastructure around the KMS Shaft, as well as to service the mine in deeper production areas, continues to progress. At Siguiri in Guinea, capital expenditure decreased by $11 million from $38 million in 2021 to $27 million in 2022, mainly due to lower non-sustaining project capital expenditure at Block 2 during 2022 and lower stay-in-business capital expenditure due to expenditure relating to the construction of a haul road by Block 2 during 2021 not being repeated in 2022. At Geita in Tanzania, capital expenditure increased by $31 million from $123 million in 2021 to $154 million in 2022, mainly due to an increase in sustaining capital expenditure, partly offset by lower non-sustaining capital expenditure. Sustaining capital expenditure increased mainly due to an increase in deferred stripping, higher stay-in-business capital expenditure and Mineral Reserve development expenditure as the underground portal development at Geita Hill East progressed according to plan. Lower non-sustaining project capital expenditure was mainly due to the Nyamulilima open pit being commissioned during 2022. At Kibali in the DRC, capital expenditure increased by $18 million from $72 million in 2021 to $90 million in 2022, mainly due to increased sustaining capital expenditure on growth related projects ($166 million) partially offsetthe cyanide recovery plant and increased non-sustaining exploration.

In the Americas, capital expenditure decreased by decreased expenditure on$24 million, or seven percent, from $346 million in 2021 to $322 million in 2022. In Brazil, AngloGold Ashanti completed the conversion of existing operations ($38 million).TSFs to dry-stacking facilities at all mine sites, in a market characterised by increased competition for skills and engineering resources due to the COVID-19 pandemic and the industry-wide requirements to meet regulatory deadlines relating to TSFs. Capital expenditures required in 2022 to implement this new technology amounted to approximately $83 million. At AGA Mineração in Brazil, capital expenditure increased by $198$4 million at Obuasi,from $195 million in Ghana,2021 to $199 million in 2022, mainly due to significant project ramp uphigher sustaining capital expenditure for mine development costs and continuing expenditure on TSFs to meet regulatory requirements. At Serra Grande in 2019Brazil, capital expenditure decreased by $25 million from $82 million in 2021 to $57 million in 2022, mainly due to lower mine development expenditure offset by higher TSF expenditure. At Cerro Vanguardia in Argentina, capital expenditure decreased by $3 million from $69 million in 2021 to $66 million in 2022, mainly due to lower expenditure on TSF embankment raise and lower deferred stripping capital compared to 20182021.

In Australia, capital expenditure increased by $17 million, or eight percent, from $185 million in 2021 to $202 million in 2022. At Sunrise Dam in Australia, capital expenditure decreased by $12 million from $62 million in 2021 to $50 million in 2022, mainly due to non-sustaining project capital expenditure incurred on the areas of mining fleet acquisitionGolden Delicious open pit growth project having been commissioned in 2021 and underground mining development related costs, processing plant refurbishment and upgrade, surface and underground infrastructure, project team

and owner cost and pre-production capital. Capitalnot repeated in 2022. At Tropicana in Australia, capital expenditure increased by $30 million at Tropicana,from $122 million in Australia,2021 to $152 million in 2022, mainly due to pre-strippingincreased non-sustaining project capital expenditure at Tropicana's Boston Shaker 4for increased waste mining in the Havana Cutback Project during 2022. At Australia other, capital expenditure decreased by $1 million from $1 million in 2021 to nil in 2022, mainly due to a shiftlower exploration equipment expenditure.

In Projects, capital expenditure decreased by $35 million, or 67 percent, from $52 million in mining activity. Capital expenditure increased by $292021 to $17 million atin 2022. At Quebradona in Colombia, capital expenditure decreased by $28 million from $33 million in 2021 to $5 million in 2022, mainly due to the higher capitalisation of land and feasibility study costs for the growth project in 2021. At Gramalote in Colombia, capital expenditure decreased by $9 million from $19 million in 2021 to $10 million in 2022, mainly due to the purchase of the



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La Cascada property in 2021 and higher feasibility study costs of the project. Capitalgrowth project in 2021. During 2022, there was no capital expenditure at La Colosa in Colombia. In Nevada, USA, capital expenditure increased by $16$1 million from nil in 2021 to $1 million in 2022, mainly due to pre-feasibility studies, and purchase of light motor vehicles and land.

At the Corporate Office in Johannesburg, capital expenditure decreased by $10 million from $11 million in 2021 to $1 million in 2022, mainly due to expenditure on new furniture and computer equipment in connection with the relocation of the Corporate Office to a new building having been incurred in 2021 and not being repeated in 2022.

Comparison of capital expenditure in 2021 with 2020

Total capital expenditure (including equity-accounted joint ventures) increased by $304 million, or 38 percent, from $796 million in 2020 to $1,100 million in 2021. This increase was mainly due to increased expenditure on sustaining capital ($281 million) and non-sustaining project capital ($23 million). AngloGold Ashanti embarked on a multi-year initiative at the beginning of 2020 to increase investment in Mineral Reserve development and brownfields exploration. The aim of this investment is to increase the rate of Mineral Reserve conversion, extend the reserve lives of our assets, enhance mining flexibility and further improve our knowledge of the ore bodies in the portfolio.

In Africa (including equity-accounted joint ventures), capital expenditure increased by $71 million, or 16 percent, from $435 million in 2020 to $506 million in 2021. At Iduapriem in Ghana, capital expenditure increased by $45 million from $60 million in 2020 to $105 million in 2021, mainly due to higher pre-stripping activities and stay-in-business capital expenditure. At Obuasi in Ghana, capital expenditure increased by $38 million from $130 million in 2020 to $168 million in 2021, mainly due to a change in scoping activities, the commissioning and ramping up of underground activities and the start of Phase 3 of the Obuasi redevelopment project. Phase 2 construction was completed at the end of December 2021. At Siguiri in Guinea, capital expenditure increased by $8 million from $30 million in 2020 to $38 million in 2021, mainly due to increased stay-in-business capital expenditure incurred to construct a haul road by Block 2. At Geita in Tanzania, capital expenditure increased by $36 million from $87 million in 2020 to $123 million in 2021, mainly due to an increase in ore reserve developmentnon-sustaining project capital underground infrastructure development, and higher other sustaining capital as underground activities ramp up. Theexpenditure with the start of the Nyamulilima project, an increase in non-sustaining exploration costs, partly offset by lower stay-in-business capital expenditure was partially offset by decreased expenditure at Siguiri, in Guinea by $74 million duemainly related to the completion and commissioning of the CIL combination plant in early 2019. Capital expenditure decreased at Sunrise Dam, in Australia, by $36 million due to decreased ore reserveMineral Reserve development and sustaining capital due to the completion of large projects. Capital expenditure decreased at Iduapriem, in Ghana, by $27 million due to lower pre-stripping costs partially offset by stay in business capital. Capital expenditure decreased atexpenditure. At Kibali in the DRC, capital expenditure increased by $13$20 million from $52 million in 2020 to $72 million in 2021, mainly due to higher deferred stripping and non-sustaining project capital expenditure.

In the Americas, capital expenditure increased by $178 million, or 106 percent, from $168 million in 2020 to $346 million in 2021. In Brazil, AngloGold Ashanti continued its investment to convert existing TSFs to dry-stacking facilities at all mine sites, in a market characterised by increased competition for skills and engineering resources due to the 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 less 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 capitalCOVID-19 pandemic and the underground plant commissionedindustry-wide requirements to meet regulatory deadlines relating to TSFs. Capital expenditures required in 2017. Capital expenditure decreased at2021 to implement this new technology amounted to approximately $140 million. At AGA Mineração in Brazil, capital expenditure increased by $92 million from $103 million in 2020 to $195 million in 2021, mainly due to the impact of the weaker exchange rate of the Brazilian real against the US dollar, review of the business strategy with reductionhigher mine development costs and higher expenditure on TSFs. At Serra Grande in investments, optimising cash flow, less spend on assetsBrazil, capital expenditure increased by $49 million from $33 million in 2020 to maintain operations, less$82 million in 2021, mainly due to higher mine development and stripping. Capital expenditure decreased atTSF expenditures. At Cerro Vanguardia in Argentina, capital expenditure increased by $20$38 million from $31 million in 2020 to $69 million in 2021, mainly due to higher expenditure on TSF embankment raise and higher deferred stripping capital.

In Australia, capital expenditure increased by $42 million, or 29 percent, from $143 million in 2020 to $185 million in 2021. At Sunrise Dam in Australia, capital expenditure increased by $9 million from $53 million in 2020 to $62 million in 2021, mainly due to non-sustaining project capital expenditure incurred on the Golden Delicious open pit growth project. At Tropicana in Australia, capital expenditure increased by $33 million from $89 million in 2020 to $122 million in 2021, mainly due to higher deferred stripping, Mineral Reserve and other stay-in-business capital expenditure, as well as increased non-sustaining project capital expenditure with the approval of the Havana Cutback Project in 2021. At Australia other, capital expenditure increased by $1 million from nil in 2020 to $1 million in 2021, mainly due to exploration equipment expenditure.

In Projects, capital expenditure increased by $3 million, or six percent, from $49 million in 2020 to $52 million in 2021. At Quebradona in Colombia, capital expenditure decreased by $7 million from $40 million in 2020 to $33 million in 2021, mainly due to the impacthigher capitalisation of a 70 percent weaker exchange rateland for the growth project in 2020. At Gramalote in Colombia, capital expenditure increased by $10 million from $9 million in 2020 to $19 million in 2021, mainly due to higher feasibility study costs 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 decreased deferred waste and pre-stripping of $27 million and other sustaining capital expenditure of $10 million partially offset by $22 million spend on the Ball Mill Infrastructure. The decrease in capital expenditure was partially offset by increased expenditure of $48 million at Obuasi, in Ghana, due to lack of spending in 2017 asgrowth project. During 2021, there was no budget. Capitalcapital expenditure at La Colosa in Colombia or in Nevada, USA.

At the Corporate Office in Johannesburg, capital expenditure increased at Siguiri,by $9 million from $2 million in Guinea, by $142020 to $11 million in 2021, mainly due to additional expenditure on new furniture and computer equipment in connection with the CIL combination plant project.relocation of the Corporate Office to a new building.


Comparison of operating performance on a segment basis for 2019, 20182022, 2021 and 20172020


The companyCompany 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.




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Gold income
(in millions)Year ended 31 December
202220212020
$percent$percent$percent
Restated
Geographical analysis of gold income by origin is as follows:
Africa2,981 68 2,644 68 2,937 60 
Australia967 22 890 23 989 20 
Americas1,036 24 1,028 26 1,211 25 
4,984 4,562 5,137 
Less : Associates and equity-accounted joint ventures included above(596)(14)(659)(17)(647)(13)
Continuing operations4,388 3,903 4,490 
Discontinued operations    408 8 
4,388 100 3,903 100 4,898 100 

(in millions)Year ended 31 December
 2019 2018 2017
 $
 percent
 $
 percent
 $
 percent
Geographical analysis of gold income by origin is as follows:           
Continental Africa2,203
 55
 1,983
 52
 1,895
 44
Australia851
 21
 780
 20
 709
 16
Americas1,000
 25
 1,021
 27
 1,104
 25
 4,054
   3,784
   3,708
  
Less : Associates and equity accounted joint ventures included above(615) (15) (581) (15) (453) (10)
Continuing operations3,439
   3,203
   3,255
  
Discontinued operations554
 14
 602
 16
 1,101
 25
 3,993
 100
 3,805
 100
 4,356
 100
Assets
(in millions)Year ended 31 December
202220212020
$percent$percent$percent
RestatedRestated
Geographical analysis of assets by origin is as follows:
Africa4,083 51 4,226 53 3,989 52 
Australia960 12 1,034 13 1,044 13 
Americas1,406 17 1,573 20 1,370 18 
Projects (1)
872 11 313 4 256 3 
Other, including non-gold producing subsidiaries751 9 854 10 1,046 14 
Total assets8,072 100 8,000 100 7,705 100 


Assets(1) A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new Operating Model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.

(in millions)Year ended 31 December
 2019 2018 2017
 $
 percent $
 percent $
 percent
Geographical analysis of assets by origin is as follows:           
South Africa697
 10 1,106
 17 1,734
 24
Continental Africa3,514
 51 3,135
 47 3,153
 44
Australia972
 14 888
 13 929
 13
Americas1,427
 21 1,286
 19 1,258
 17
Other, including non-gold producing subsidiaries253
 4 228
 4 145
 2
Total assets6,863
 100 6,643
 100 7,219
 100


At 31 December 2019, ten percent2022, 31 December 2021 and 31 December 2020, none of AngloGold Ashanti’s totalproducing assets were located in South Africa, compared with 17ten percent at 31 December 2019, as a result of the endsale of 2018.the Company’s remaining South African producing assets and related liabilities to Harmony in September 2020. The remaining operations collectively accounted for approximately 90100 percent of AngloGold Ashanti’s total assets at 31 December 20192022 compared to 8390 percent at the end of the same period in 2017.2019.

At 31 December 2018, 17 percent of AngloGold Ashanti’s total assets were located in South Africa compared with 24 percent at the end of 2017. The remaining operations collectively accounted for approximately 83 percent of AngloGold Ashanti’s total assets at 31 December 2018 compared to 76 percent at the end of the same period in 2017.


Non-GAAP analysis


All-in sustaining costs and all-in costs


During June 2013,2018, the World Gold Council (WGC)(“WGC”), an industry body, published aan updated 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 costs net of by-product revenue” metric and incorporates all costs related to sustaining production and in particular, recognises 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 environmental 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 this cost metric by the ounces of gold sold. “All-in



162


costs” 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 majorgrowth projects at existing operations, which are expected to increase production. “All-in costs per ounce” is arrived at by dividing the dollar value of this cost metric by the ounces of gold sold.


Total cash costs net 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 is a non-GAAP 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"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 ofexclude amortisation of tangible, intangible and right of use assets, rehabilitation costs and other non-cash costs, retrenchment costs, corporate administration, marketing and otherrelated costs, capital costs and exploration costs. “Total cash costs per ounce” is calculated by dividing attributable total cash costs net of by-product revenue by attributable ounces of gold produced.


Average gold price received per ounce

“Average gold price received per ounce” is a non-GAAP measure which gives an indication of revenue earned per unit of gold sold and includes gold income and realised non-hedge derivatives in its calculation and serves as a benchmark of performance against the market spot gold price. This metric is calculated by dividing attributable gold income (price received) by attributable ounces of gold sold.

“All-in sustaining costs”, “all-in sustaining costs per ounce”, “all-in costs”, “all-in costs per ounce”, “total cash costs net of by-product revenue” and, “total cash costs per ounce” and “average gold price received per ounce” 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’sCompany’s performance. While the WGC has published guidance on how to define “all-in sustaining costs” and “all-in costs” and the Gold Institute has provided definitions for the calculation of “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 sustaining costs”, “all-in costs” and “total cash costs net of by-product revenue” in total by mine and per ounce by mine as well as “average gold price received 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 groupGroup and at other gold mining companies.


Reconciliations


A reconciliation of both cost of sales and total cash costsgold income as included in the company’sCompany’s audited financial statements to “average gold price received per ounce” for each of the three years in the period ended 31 December 2022 is presented on a total basis in the table below.
Average gold price received per ounce for AngloGold AshantiYear ended 31 December
202220212020
Restated
Gold income (million US dollars)4,388 3,903 4,490 
Adjusted for non-controlling interests (million US dollars)(112)(103)(95)
4,276 3,800 4,395 
Associates and joint ventures’ share of gold income including realised non-hedge derivatives (million US dollars)596 659 647 
Attributable gold income (million US dollars)4,872 4,459 5,042 
Attributable gold sold - oz (000)2,717 2,483 2,835 
Average gold price received per ounce ($/oz)1,793 1,796 1,778 




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A reconciliation of cost of sales as included in the Company’s audited financial statements to “all-in sustaining costs”, “all-in sustaining costs per ounce”, "all-in costs"“all-in costs”, "all-in“all-in costs per ounce"ounce”, “total cash costs net of by-product revenue” and "total“total cash costs per ounce"ounce” for each of the three years in the period ended 31 December 20192022 is presented on a total and segment basis in the tables below.below starting on page 173. In addition, the companyCompany has provided detail of the attributable ounces of gold produced and sold by mine for each of those periods below.



The following table presents selected total operating data from continuing operations for the AngloGold Ashanti groupGroup for the three-year period ended 31 December 2019:2022:


Operating data for AngloGold Ashanti operations - TotalYear ended 31 December
(continuing operations)
202220212020
Restated
Cost of sales (million US dollars) - Subsidiaries3,362 2,857 2,829 
Cost of sales (million US dollars) - Joint Ventures342 350 340 
All-in sustaining costs per ounce ($/oz) - Subsidiaries(1)
1,439 1,441 1,082 
All-in sustaining costs per ounce ($/oz) - Joint Ventures(1)
979 856 810 
All-in costs per ounce ($/oz) - Subsidiaries(1)
1,658 1,695 1,259 
All-in costs per ounce ($/oz) - Joint Ventures(1)
1,075 900 824 
Total cash costs per ounce ($/oz) - Subsidiaries(1)
1,066 1,017 836 
Total cash costs per ounce ($/oz) - Joint Ventures(1)
725 647 629 
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)
“All-in sustaining costs per ounce $/oz”, "all-in costs per ounce $/oz” and “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.

(1)“All-in sustaining costs per ounce”, “all-in costs per ounce” and “total cash costs per ounce” 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 2022, refer to the relevant “AngloGold Ashanti operations - Total” tables below.

Comparison of operating performance on a segment basis in 20192022 with 20182021


Cost of sales


In Continental Africa - Subsidiaries, cost of sales increased by $46$362 million, or four28 percent, to $1,173from $1,300 million in 2019 from $1,1272021 to $1,662 million in 2018.2022. The increase was largely due to an increase in labour and contractors’ costs, commodity prices, consumable stores, services, other charges, fuel and power costs, royalties paid and amortisation of tangible assets. Higher fuel and power costs were mainly due to increasesthe increase in total amortisation, inventory change, rehabilitation and other non-cash costs. In Tanzania, at Geita,the average price of Brent Crude oil, which increased from $71 per barrel in 2021 to $97 per barrel in 2022, a $26, or a 37 percent, per barrel increase. COVID-19 continued to present challenges within the overall logistics sector resulting in higher cost of sales decreased by $41 million, or seven percent,transportation, warehousing and inventory prices, but to $571 milliona lesser extent than in 2019 from $612 million2021.

At Iduapriem in 2018. In Ghana, at Iduapriem, cost of sales increased by $55$76 million, or 2432 percent, to $288from $238 million in 2019 from $2332021 to $314 million in 2018. In Guinea,2022. Cost of sales at Siguiri,Iduapriem increased year-on-year mainly due to higher amortisation of tangible assets as a result of higher production and higher capital expenditure in 2022. This increase in cost of sales was partly offset by lower environmental rehabilitation and other non-cash costs in 2022.

At Obuasi in Ghana, cost of sales increased by $29$102 million, or ten62 percent, to $315from $164 million in 2019 from $2862021 to $266 million in 2018.2022. Cost of sales at Obuasi increased year-on-year mainly due to the resumption of stoping activities during 2022, following the temporary suspension of underground stoping activities in 2021 due to a sill pillar incident in May 2021. Amortisation of heavy mobile equipment increased mainly due to the reset of the useful life of the mining fleet and Mineral Reserve development amortisation increased as the assets were transferred from being under construction to Mineral Reserve development assets in 2022. Royalties paid were higher due to higher ounces of gold sold in 2022. Phase 3 of the Obuasi redevelopment project, which relates principally to capital expenditure to refurbish existing infrastructure around the KMS Shaft, as well as to service the mine in deeper production areas, continued to progress. This increase in cost of sales was partly offset by lower environmental rehabilitation and other non-cash costs, and favourable gold inventory movements due to the lower cost of unsold gold with the timing of gold shipments.


At Siguiri in Guinea, cost of sales increased by $78 million, or 19 percent, from $410 million in 2021 to $488 million in 2022. Cost of sales at Siguiri increased year-on-year mainly due to higher fuel costs and an unfavourable movement in the exchange rate of the Guinean franc against the US dollar. This increase in cost of sales was partly offset by lower environmental rehabilitation and other non-cash costs.

At Geita in Tanzania, cost of sales increased by $106 million, or 22 percent, from $488 million in 2021 to $594 million in 2022. Cost of sales at Geita increased year-on-year mainly due to higher fuel costs, increased engineering costs from the acceleration of HME fleet rebuilds as the open pit mine expanded, as well as higher underground mining contractors’ costs and higher royalties paid. Mineral Reserve development amortisation increased mainly due to a variation in the expenditure pattern which did not occur in 2021. Amortisation of leases increased mainly due to contract modifications in 2022. Amortisation of



164


tangible assets increased mainly due to a reset of the amortisation drivers early in 2022. This increase in cost of sales was partly offset by lower inventory costs.

In Continental Africa - Joint Ventures, cost of sales decreased by $52$8 million, or 11two percent, to $428from $350 million in 2019 from $4802021 to $342 million in 2018.2022. The decrease was mainly due to favourable inventory movements, lower amortisation of tangible assets, favourable movements in stockpiles and lower royalties paid due to a decrease in ounces sold, partly offset by higher fuel expense. In Mali, at Morila, cost of sales decreased by $6 million, or 14 percent, to $36 millioncosts. The Kibali mine 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 millionwas the only operating asset in 2019 from $373 millionAfrica - Joint Ventures in 2018.2022.


In the Americas, cost of sales decreasedincreased by $16$91 million, or two11 percent, tofrom $822 million in 2019 from $8382021 to $913 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 2018.2022. The increase was mainly due to an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, amortisation of right of use assets, services and other charges, power and fuel cost, and write down of inventory, and the strengthening of the Brazilian real against the US dollar. The higher labour and contractors’ costs were mainly due to challenges relating to shortages of critical skills. Higher commodity costs were mainly due to increases in the prices of steel, support and construction materials, explosives, timber and reagents. COVID-19 continued to present challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory change.prices, but to a lesser extent than in 2021. The higher fuel costs were mainly due to the increase in the price of Brent Crude oil. The increase was partiallypartly offset by lower environmental rehabilitation and other non-cash costs in 2022 as compared with 2021 as well as the weakening of the Argentinean peso against the US dollar.

At AGA Mineração in Brazil, cost of sales increased by $42 million, or ten percent, from $435 million in 2021 to $477 million in 2022. Cost of sales at AGA Mineração increased year-on-year mainly due to higher commodity prices (oil, iron ore and construction materials) and higher costs of services, fuel, power and labour, write down of inventory, and a four percent strengthening of the Brazilian real against the US dollar.

At Serra Grande in Brazil, cost of sales increased by $39 million, or 32 percent, from $123 million in 2021 to $162 million in 2022. Cost of sales at Serra Grande increased year-on-year mainly due to higher commodity prices, higher cost of labour, consumables, fuel and power as well as activity changes primarily caused by various production challenges encountered during 2022. Cost of sales was further increased by a four percent strengthening of the Brazilian real against the US dollar.

At Cerro Vanguardia in Argentina, cost of sales increased by $12 million, or five percent, from $261 million in 2021 to $273 million in 2022. Cost of sales at Cerro Vanguardia increased year-on-year mainly due to higher salary increases, fuel costs, higher materials consumption (such as fuel, explosives, and spare parts) because of higher tonnes mined. This increase was partly offset by a decrease37 percent weakening of the Argentinean peso against the US dollar, and favourable inventory change movements.

In the Americas other segment, cost of sales decreased by $2 million, or 67 percent, from $3 million in service-related2021 to $1 million in 2022.

In Australia, cost of sales increased by $43 million, or six percent, from $740 million in 2021 to $783 million in 2022. The increase was mainly due to an increase in mining contractors’ costs, commodity prices, logistics costs, consumable stores, services and theother charges, power and fuel costs, gold in process adjustments, deferred stripping amortisation and amortisation of mining assets. This increase was partly offset by an eight percent weakening of the Australian dollar against the US dollar. The higher mining contractors’ costs were mainly due to cost increases resulting from challenges with shortages of critical skills. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, explosives, timber and reagents. COVID-19 continued to present challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory prices, but to a lesser extent than in 2021. The higher fuel costs were mainly due to the increase in the price of Brent Crude oil. The increase in deferred stripping amortisation was mainly due to the mining and depletion of different ore bodies. The increase in the amortisation of mining assets was mainly due to higher production in 2022 compared with 2021. These increases were partly offset by a decrease in environmental rehabilitation and other non-cash costs in 2022.

At Sunrise Dam in Australia, cost of sales increased by $8$7 million, or threetwo percent, to $318from $364 million in 2019 from $3102021 to $371 million in 2018. 2022. Cost of sales at Sunrise Dam increased year-on-year primarily due to higher mining contractors’ costs (mainly higher cost of labour due to critical skill shortages), and higher fuel and mining costs. This increase was partly offset by a lower cost of gold inventory changes due to timing of gold pours and shipments.

At Tropicana in Australia, cost of sales increased by $4$36 million, or oneten percent, to $297from $346 million in 2019 from $2932021 to $382 million in 2018.2022. Cost of sales at Tropicana increased year-on-year mainly due to higher mining contractors’ costs (mainly higher cost of labour due to critical skill shortages), consumable stores, service costs, fuel and power costs, gold inventory changes, royalties paid and higher Mineral Reserve development and deferred stripping amortisation. This increase was partly offset by lower environmental rehabilitation and other non-cash costs and ore stockpile movements.


Overall, the subsidiaries’ cost of sales increased by $505 million, or 18 percent, from $2,584$2,857 million in 20182021 to $2,626$3,362 million in 2019, which represents a $42 million, or two percent increase.2022. The increase was primarily due to aan increase in cash operating costs by $394 million, or 18 percent, from $2,160 million in 2021 to $2,554 million in 2022, an increase in royalties paid by $23 million, or 14 percent, from $162 million in 2021



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to $185 million in 2022, an increase in amortisation of tangible assets of $140 million, or 34 percent, from $411 million in 2021 to $551 million in 2022, an increase in amortisation of right of use assets of $18 million, or 29 percent, from $63 million in 2021 to $81 million in 2022. This increase was partly offset by an inventory change of $36 million, increasefrom a charge of $6 million in 2021 to a credit of $30 million in 2022, and a decrease in environmental rehabilitation and other non-cash costs of $38 million, or 100 percent, from $38 million in 2021 to nil in 2022. The increase in cash operating costs was primarily due to higher labour and contractors’ costs, commodity prices, logistics costs, consumable stores, services and other charges as well as fuel and power costs in 2022 compared to 2021. The increase in royalties paid was mainly due to higher ounces sold in 2022 compared to 2021. The increase in amortisation of tangible assets was mainly due to the Obuasi redevelopment project continuing to ramp up to full production, higher deferred stripping amortisation at Tropicana and Iduapriem, and higher Mineral Reserve development amortisation at Tropicana and Geita in 2022 compared to 2021. The increase in amortisation of right of use assets was mainly due to a resultchange in business strategy whereby certain heavy mobile equipment is leased, mainly at the Brazil operations. The decrease in inventory change was mainly due to lower amortisation of inventories resulting from the suspension of tailings disposal and processing plant effluents treatment. The decrease in environmental rehabilitation and other non-cash costs was mainly due to changes to restoration provision cash flows, inflation rateslower costs and discount rates.rates in 2022 compared to 2021.


All-in sustaining costs per ounce


In Continental Africa - Subsidiaries, all-in sustaining costs increased by $6$27 per ounce, or onetwo percent, to $947from $1,264 per ounce in 2019 from $9412021 to $1,291 per ounce in 2018.2022. This increase was mainly due to an increase in cost of sales at Geita. Theand an increase was partially offset by the decreased spending in sustaining capital expenditure, at Iduapriem andpartly offset by an increase in ounces of 30,000gold sold. For a discussion of the increase in cost of sales in Africa - Subsidiaries during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—Cost of sales”. Sustaining capital expenditure in Africa - Subsidiaries increased as the region continued to implement its reinvestment programme. At Iduapriem in Ghana, sustaining capital expenditure decreased year-on-year mainly due to lower pre-stripping expenditure in Cut 2. At Obuasi in Ghana, sustaining capital expenditure increased year-on-year mainly due to the ongoing progress of Phase 3 of the Obuasi redevelopment project, which relates principally to capital expenditure to refurbish existing infrastructure around the KMS Shaft, as well as to service the mine in deeper production areas. At Siguiri in Guinea, sustaining capital expenditure increased year-on-year mainly due to increased stay-in-business capital expenditure in 2022. At Geita, sustaining capital expenditure increased year-on-year mainly due to higher deferred stripping activities, stay-in-business capital expenditure and Mineral Reserve development capital expenditure. Gold sold in Africa - Subsidiaries increased by 221,000 ounces, or 21 percent, from 1.060 million ounces in gold sold (excluding pre-production ounces)2021 to 1.281 million ounces in 2022. The increase was largely due to higher production across all operations in Africa other than Kibali. For a discussion of the increase in production at the Africa operations (other than Kibali) during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in 2022”.


In Continental Africa - Joint Ventures, all-in sustaining costs decreasedincreased by $53$123 per ounce, or six14 percent, to $767from $856 per ounce in 2019 from $8202021 to $979 per ounce in 2018.2022. This increase was mainly due to an increase in sustaining capital expenditure and lower ounces of gold sold, partly offset by lower cost of sales. For a discussion of the decrease in cost of sales in Africa - Joint Ventures during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—Cost of sales”. Sustaining capital expenditure in Africa - Joint Ventures increased mainly due to higher stay-in-business capital expenditure. Gold sold in Africa - Joint Ventures decreased by 35,000 ounces, or ten percent, from 367,000 ounces in 2021 to 332,000 ounces in 2022. The decrease was mainly due to lower production from Kibali. For a discussion of the decrease in cost of sales and a decreaseproduction at Kibali during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in sustaining capital expenditure at Kibali. This decrease2022”.The Kibali mine in the DRC was partially offset by a decreasethe only operating asset in total amortisation and a decrease of 17,000 ouncesAfrica - Joint Ventures in gold sold.2022.


In the Americas, all-in sustaining costs increased by $177$136 per ounce, or 219 percent, to $1,032from $1,582 per ounce in 2019 from $8552021 to $1,718 per ounce in 2018.2022. This increase was mainly due to a decrease of 83,000 ounces in gold sold (excluding pre-production ounces) and a decrease of total amortisation at Cerro Vanguardia and Serra Grande. Thean increase was partially offset by a decrease in cost of sales, and an overall decrease of spending inpartly offset by lower sustaining capital expenditure.expenditure and higher ounces of gold sold. For a discussion of the increase in cost of sales in the Americas during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—Cost of sales”. Sustaining capital expenditure in the Americas decreased as the region had lower investment in TSF projects in 2022 as compared to 2021. At AGA Mineração in Brazil, sustaining capital expenditure increased year-on-year mainly due to higher Mineral Reserve development expenditures. At Serra Grande in Brazil, sustaining capital expenditure decreased year-on-year mainly due to lower TSF expenditures, partly offset by higher Mineral Reserve development expenditures. At Cerro Vanguardia in Argentina, sustaining capital expenditure decreased year-on-year mainly due to lower expenditure on TSFs in 2022, partly offset by higher deferred stripping capital and Mineral Reserve development expenditures in 2022. Gold sold in the Americas increased by 4,000 ounces, or one percent, from 561,000 ounces in 2021 to 565,000 ounces in 2022. This increase was mainly due to higher production from Serra Grande and Cerro Vanguardia, partly offset by lower production from AGA Mineração. For a discussion of the increase in production at the Americas operations during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in 2022”.


In Australia, all-in sustaining costs decreased by $48$155 per ounce, or ten percent, from $1,500 per ounce in 2021 to $1,345 per ounce in 2022. The decrease was mainly due to lower sustaining capital expenditure and an increase in ounces of gold sold, partly offset by an increase in cost of sales. For a discussion of the increase in cost of sales in Australia during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—Cost of sales”. Sustaining capital expenditure decreased in Australia mainly due to lower stripping and pre-stripping expenditure. At Sunrise



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Dam in Australia, sustaining capital expenditure increased year-on-year mainly due to the camp extension. At Tropicana in Australia, sustaining capital expenditure decreased year-on-year mainly due to lower deferred stripping and pre-stripping expenditure due to mining different ore bodies and at different phases to 2021. Gold sold in Australia increased by 44,000 ounces, or 9 percent, from 495,000 ounces in 2021 to 539,000 ounces in 2022. This increase was mainly due to higher production at Sunrise Dam and Tropicana. For a discussion of the increase in production at the Australia operations during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in 2022”.

All-in costs per ounce

In Africa - Subsidiaries, all-in costs decreased by $82 per ounce, or five percent, to $990from $1,516 per ounce in 2019 from $1,0382021 to $1,434 per ounce in 2018.2022. This decrease was mainly due to an increase in total amortisationgold sold, lower non-sustaining project capital expenditure and lower care and maintenance costs, partly offset by higher all-in sustaining costs. At Obuasi in Ghana, Phase 3 of the Obuasi redevelopment project, which relates principally to capital expenditure to refurbish existing infrastructure around the KMS Shaft, as well as to service the mine in deeper production areas, continues to progress. Care and maintenance activities of $45 million incurred in 2021 at Sunrise Damthe Obuasi mine during the voluntary suspension of underground mining between May and Tropicana andOctober 2021 following a decreasesill pillar incident were not repeated in spending in sustaining2022. Non-sustaining project capital expenditure at Sunrise DamObuasi was lower mainly due to different project scopes and Tropicana. Thecash flows. This decrease was partiallylargely offset by anhigher non-sustaining project capital expenditure at Iduapriem in Ghana mainly due to increased TSF investment in 2022. For a discussion of the increase in costounces of sales.

gold sold in Africa - Subsidiaries during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—All-in sustaining costs per ounceounce”.


In Continental Africa - Subsidiaries,Joint Ventures, all-in costs increased by $138$175 per ounce, or 1319 percent, to $1,237from $900 per ounce in 2019 from $1,0992021 to $1,075 per ounce in 2018.2022. This increase was mainly due to an increase in all-in sustaining costs and anhigher non-sustaining project capital expenditure, and lower gold sold. For a discussion of the decrease in ounces of gold sold in Africa - Joint Ventures during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—All-in sustaining costs per ounce”. The Kibali mine in the DRC was the only operating asset in Africa - Joint Ventures in 2022.

In the Americas, all-in costs decreased by $83 per ounce, or 4 percent, from $1,858 per ounce in 2021 to $1,775 per ounce in 2022. This decrease was mainly due to higher ounces of gold sold and lower non-sustaining exploration and study cost expenditure at the Colombian and Nevada growth projects, partly offset by higher all-in sustaining costs. For a discussion of the increase in ounces of gold sold in the Americas during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—All-in sustaining costs per ounce”.

In Australia, all-in costs decreased by $94 per ounce, or 5 percent, from $1,725 per ounce in 2021 to $1,631 per ounce in 2022. This decrease was mainly due to lower all-in sustaining costs, lower non-sustaining exploration and study costs relating to growth deposits at Sunrise Dam and Tropicana, and higher ounces of gold sold, partly offset by higher non-sustaining project capital expenditure at Obuasi partiallyTropicana on the Havana cutback project. For a discussion of the increase in ounces of gold sold in Australia during 2022, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2022 with 2021—All-in sustaining costs per ounce”.

Total cash costs per ounce

The currencies of Argentina and Australia were, on average, weaker against the US dollar during 2022 as compared to 2021, which positively impacted total cash costs per ounce for 2022. This positive impact was partly offset by the 30,000-ouncecurrency of Brazil being, on average, stronger against the US dollar during 2022 as compared to 2021. Total production in 2022 was higher as compared to 2021, which positively impacted total cash costs per ounce for 2022. For a discussion of production during 2022, see “Item 5A: Operating Results—Key factors affecting results—Production in 2022”.

In Africa - Subsidiaries, total cash costs per ounce increased by $32 per ounce, or three percent, from $991 per ounce in 2021 to $1,023 per ounce in 2022. The increase was mainly due to an increase in total cash costs, partly offset by a 244,000 ounce increase in production.

At Iduapriem in Ghana, total cash costs per ounce decreased by $111 per ounce, or ten percent, from $1,081 per ounce in 2021 to $970 per ounce in 2022. Total cash costs per ounce decreased year-on-year mainly due to higher production and favourable movements in stockpiles, partly offset by an increase in fuel costs and higher royalties paid.

At Obuasi in Ghana, total cash costs per ounce decreased by $198 per ounce, or 18 percent, from $1,112 per ounce in 2021 to $914 per ounce in 2022. Total cash costs per ounce decreased year-on-year mainly due to higher production.

At Siguiri in Guinea, total cash costs per ounce increased by $119 per ounce, or ten percent, from $1,200 per ounce in 2021 to $1,319 per ounce in 2022. Total cash costs per ounce increased year-on-year mainly due to higher fuel costs and an unfavourable movement in the exchange rate of the Guinean franc against the US dollar, partly offset by an increase in production.




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At Geita in Tanzania, total cash costs per ounce increased by $122 per ounce, or 15 percent, from $822 per ounce in 2021 to $944 per ounce in 2022. Total cash costs per ounce increased year-on-year mainly due to higher fuel costs, increased engineering costs from the heavy mining equipment maintenance as the open-pit mine expanded, as well as higher underground mining contractors’ costs and higher royalties paid. This increase was partly offset by higher gold sold (excluding pre-production ounces).production.


In Continental Africa - Joint Ventures, all-intotal cash costs decreasedper ounce increased by $61$78 per ounce, or seven12 percent, to $785from $647 per ounce in 2019 from $8462021 to $725 per ounce in 2018.2022. The increase was mainly due to lower production and higher fuel costs, partly offset by favourable movements in stockpiles and lower royalties paid. The Kibali mine in the DRC was the only operating asset in Africa - Joint Ventures in 2022.

In the Americas, total cash costs per ounce increased by $157 per ounce, or 17 percent, from $921 per ounce in 2021 to $1,078 per ounce in 2022. The increase was mainly due to an increase in total cash costs, partly offset by a 10,000 ounce increase in production.

At AGA Mineração in Brazil, total cash costs per ounce increased by $230 per ounce, or 27 percent, from $858 per ounce in 2021 to $1,088 per ounce in 2022 . Total cash costs per ounce were higher year-on-year mainly due to lower production, higher fuel costs, lower by-product revenue, unfavourable movement in inventories, repair costs incurred in the second half of 2022 due to extreme weather earlier in 2022, and an unfavourable movement in the exchange rate of the Brazilian real against the US dollar.

At Serra Grande in Brazil, total cash costs per ounce increased by $163 per ounce, or 14 percent, from $1,192 per ounce in 2021 to $1,355 per ounce in 2022. Total cash costs per ounce increased year-on-year mainly due to higher fuel costs, higher royalties paid and an unfavourable movement in the exchange rate of the Brazilian real against the US dollar, partly offset by higher production.

At Cerro Vanguardia in Argentina, total cash costs per ounce increased by $19 per ounce, or two percent, from $894 per ounce in 2021 to $913 per ounce in 2022. Total cash costs per ounce were higher year-on-year mainly due to higher fuel costs, higher materials consumption (such as fuel, explosives, and spare parts) as a result of higher tonnes mined and lower by-product revenue due to lower silver sales. This increase was partly offset by higher gold production and a favourable movement in the exchange rate of the Argentinean peso against the US dollar.

In Australia, total cash costs per ounce decreased by $39 per ounce, or three percent, from $1,196 per ounce in 2021 to $1,157 per ounce in 2022, primarily due to a 44,000 ounce increase in production, partly offset by an increase in total cash costs.

At Sunrise Dam in Australia, total cash costs per ounce increased by $81 per ounce, or six percent, from $1,321 per ounce in 2021 to $1,402 per ounce in 2022. Total cash costs per ounce were higher year-on-year primarily due to higher fuel and mining costs, partly offset by a favourable movement in the exchange rate of the Australian dollar against the US dollar.

At Tropicana in Australia, total cash costs per ounce decreased by $106 per ounce, or 11 percent, from $987 per ounce in 2021 to $881 per ounce in 2022. Total cash costs per ounce decreased year-on-year mainly due to higher gold production, lower mining costs related to an increase in ore mining volumes in the Boston Shaker open pit and underground mine, a favourable movement in ore stockpiles and a favourable movement in the exchange rate of the Australian dollar against the US dollar, partly offset by higher fuel costs and higher royalties paid.

Overall the subsidiaries’ total cash costs per ounce increased by $49, or five percent, from $1,017 per ounce in 2021 to $1,066 per ounce in 2022. The increase was mainly due to an increase in total cash costs partly offset by a 298,000 ounce increase in production.

Comparison of operating performance on a segment basis in 2021 with 2020

Cost of sales

In Africa - Subsidiaries, cost of sales decreased by $62 million, or five percent, from $1,362 million in 2020 to $1,300 million in 2021. The decrease was mainly due to a significant amount of waste stripping capitalised, a decrease in royalties paid due to lower ounces of gold sold in 2021 and improved efficiencies, partly offset by an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, environmental rehabilitation and other non-cash costs, amortisation of right of use assets, services and other charges, power and fuel costs and higher ore stockpile adjustments. COVID-19 presented challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory prices. Higher fuel and power costs were mainly due to the increase in the average price of Brent Crude oil, which increased from $42 per barrel in 2020 to $71 per barrel in 2021, a $29, or a 69 percent, per barrel increase.

At Iduapriem in Ghana, cost of sales decreased by $42 million, or 15 percent, from $280 million in 2020 to $238 million in 2021. Cost of sales at Iduapriem decreased year-on-year mainly due to a significant amount of waste stripping capitalised at



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Teberebie Cut 2 in 2021 compared to 2020, together with a decrease in royalties paid due to lower ounces of gold sold and an inventory change due to ore stockpile movements.

At Obuasi in Ghana, cost of sales in 2021 remained unchanged from 2020 at $164 million. Phase 1 of the Obuasi redevelopment project commenced commercial production from 1 October 2020. Underground mining activities were voluntarily suspended between 18 May 2021 and 15 October 2021 at the Obuasi mine, following a sill pillar incident. From 15 October 2021, underground mining resumed to replenish the run-of-mine stockpile without corresponding gold production and related cost of sales. Since the voluntary suspension of underground mining activities, care and maintenance costs of $45 million were incurred at Obuasi during 2021.

At Siguiri in Guinea, cost of sales increased by $33 million, or nine percent, from $377 million in 2020 to $410 million in 2021. Cost of sales at Siguiri increased year-on-year mainly as a result of additional volumes of ore mined resulting in higher operating costs, increases on fuel and reagent costs, and higher royalties paid from additional volumes sold in 2021.

At Geita in Tanzania, cost of sales decreased by $54 million, or ten percent, from $542 million in 2020 to $488 million in 2021. Cost of sales at Geita decreased year-on-year mainly due to lower royalties paid and improved efficiencies in that more open pit tonnes were mined in 2021 at a lower rate per tonne than in 2020. This decrease was partly offset by lower grades as well as the depletion of ore stockpiles in 2021 compared to an increase in ore stockpiles during 2020.

In Africa - Joint Ventures, cost of sales increased by $10 million, or three percent, from $340 million in 2020 to $350 million in 2021. The increase was mainly due to lower open-pit recovered grades, unfavourable movements in stockpiles, higher royalties paid due to an increase in the average gold price received, and additional reagent consumption costs, as compared to 2020. The Kibali mine in the DRC was the only operating asset in Africa - Joint Ventures in 2021.

In the Americas, cost of sales increased by $58 million, or eight percent, from $764 million in 2020 to $822 million in 2021. The increase was mainly due to an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, amortisation of right of use assets, services and other charges, power and fuel cost, write down of inventory and environmental rehabilitation and other non-cash costs. The higher labour and contractors’ costs were mainly due to COVID-19 related cost increases resulting from challenges with travel restrictions and shortages of critical skills. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, lime and other reagents. COVID-19 presented challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory prices. The higher fuel costs were mainly due to the increase in the price of Brent Crude oil. The increase in cost of sales was partly offset by lower royalties paid due to lower ounces of gold sold in 2021 as compared to 2020, lower amortisation of tangible assets due to lower ounces of gold produced in 2021 as compared to 2020 as well as the weakening of the local currencies against the US dollar.

At AGA Mineração in Brazil, cost of sales increased by $43 million, or 11 percent, from $392 million in 2020 to $435 million in 2021. Cost of sales at AGA Mineração increased year-on-year mainly due to higher commodity prices (oil, iron ore and construction materials) and higher costs of services and labour. This increase was partly offset by lower royalties paid due to lower ounces of gold sold and a five percent weakening of the Brazilian real against the US dollar.

At Serra Grande in Brazil, cost of sales increased by $22 million, or 22 percent, to $123 million in 2021 from $101 million in 2020. Cost of sales at Serra Grande increased year-on-year mainly due to higher commodity prices and higher cost of services and labour as well as inefficiencies primarily caused by higher absenteeism due to COVID-19 and various production challenges encountered during 2021. This increase was partly offset by a five percent weakening of the Brazilian real against the US dollar.

At Cerro Vanguardia in Argentina, cost of sales decreased by $8 million, or three percent, from $269 million in 2020 to $261 million in 2021. Cost of sales at Cerro Vanguardia decreased year-on-year mainly due to a 35 percent weakening of the Argentinean peso against the US dollar, and favourable inventory change movements. This decrease was partly offset by higher salary increases, additional costs relating to COVID-19 tests and other related medical costs in line with COVID-19 protocols and higher materials consumption (such as fuel, explosives and spare parts) as a result of higher tonnes mined.

In the Americas other segment, cost of sales increased by $1 million, or 50 percent, from $2 million in 2020 to $3 million in 2021.

In Australia, cost of sales increased by $35 million, or five percent, from $705 million in 2020 to $740 million in 2021. The increase was mainly due to an increase in labour and contractors’ costs, commodity prices, logistics costs, consumable stores, amortisation of right of use assets, services and other charges, power and fuel costs, ore stockpile adjustments and the strengthening of the Australian dollar against the US dollar by eight percent. The higher labour and contractors’ costs were mainly due to COVID-19 related cost increases resulting from challenges with travel restrictions and shortages of critical skills. Higher commodity costs were mainly due to an increase in the prices of steel, support and construction materials, lime and other reagents. COVID-19 presented challenges within the overall logistics sector resulting in higher cost of transportation, warehousing and inventory prices. The higher fuel costs were mainly due to the increase in the price of Brent Crude oil. This



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increase in cost of sales was partly offset by a decrease in environmental rehabilitation and other non-cash costs, amortisation of waste stripping and royalties paid.

At Sunrise Dam in Australia, cost of sales increased by $22 million, or six percent, from $342 million in 2020 to $364 million in 2021. Cost of sales at Sunrise Dam increased year-on-year primarily due to higher mining costs (mainly higher cost of labour due to critical skill shortages), partly offset by lower royalties paid.

At Tropicana in Australia, cost of sales increased by $8 million, or two percent, from $338 million in 2020 to $346 million in 2021. Cost of sales at Tropicana increased year-on-year mainly due to higher mining costs (mainly higher cost of labour due to critical skill shortages), inventory movements and the impact of higher underground and open pit mining costs.

Overall the subsidiaries’ cost of sales increased by $28 million, or one percent, from $2,829 million in 2020 to $2,857 million in 2021. The increase was primarily due to an increase in cash operating costs by $148 million, or seven percent, from $2,012 million in 2020 to $2,160 million in 2021, an increase in environmental rehabilitation and other non-cash costs by $6 million, or 19 percent, from $32 million in 2020 to $38 million in 2021, an increase in amortisation of right of use assets by $16 million, or 34 percent, from $47 million in 2020 to $63 million in 2021. This increase was partly offset by a decrease in royalties paid by $19 million, or ten percent, from $181 million in 2020 to $162 million in 2021, a decrease in amortisation of tangible assets of $115 million, or 22 percent, from $526 million in 2020 to $411 million in 2021 and an inventory change of $8 million, or 57 percent, from a charge of $14 million in 2020 to a charge of $6 million in 2021. The increase in cash operating costs was mainly due to higher labour and contractors’ costs, commodity prices, logistics costs, consumable stores, COVID-19 pandemic related expenditure, services and other charges as well as fuel and power costs. The increase in environmental rehabilitation and other non-cash costs was mainly due to the changes to restoration provision cash flows, cost increases and discount rates in 2021 compared to 2020. The increase in amortisation of right of use assets was mainly due to an increase in number of right of use assets in 2021 as compared to 2020. The decrease in royalties paid was mainly due to a decrease in ounces of gold sold in 2021 as compared to 2020. The decrease in amortisation of tangible assets was mainly due to lower amortisation of waste stripping and lower gold production in 2021 as compared to 2020.

All-in sustaining costs per ounce

In Africa - Subsidiaries, all-in sustaining costs increased by $262 per ounce, or 26 percent, from $1,002 per ounce in 2020 to $1,264 per ounce in 2021. This increase was mainly due to an increase in cost of sales, an increase in sustaining capital expenditure and a 17,000-ouncedecrease in ounces of gold sold. For a discussion of the increase in cost of sales in Africa - Subsidiaries during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2021 with 2020—Cost of sales”. Sustaining capital expenditure in Africa - Subsidiaries increased as the region continued to implement its re-investment programme. At Iduapriem in Ghana, sustaining capital expenditure increased year-on-year mainly due to higher pre-stripping activities and stay-in-business capital expenditure. At Obuasi in Ghana, the Obuasi redevelopment project led to an increase in sustaining capital expenditure as Phase 2 of the project was completed at the end of December 2021. At Siguiri in Guinea, sustaining capital expenditure increased year-on-year mainly due to increased stay-in-business capital expenditure. At Geita in Tanzania, sustaining capital expenditure increased year-on-year mainly due to an increase in deferred stripping and Mineral Reserve development expenditure as the underground portal development at Geita Hill East progressed according to plan. Gold sold in Africa - Subsidiaries decreased by 189,000 ounces, or 15 percent, from 1.249 million ounces in 2020 to 1.060 million ounces in 2021. The decrease was mainly due to lower production from Iduapriem and Geita, partly offset by higher production from Siguiri. For a discussion of the decrease in production at the Africa operations (other than Kibali) during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”.

In Africa - Joint Ventures, all-in sustaining costs increased by $46 per ounce, or six percent, from $810 per ounce in 2020 to $856 per ounce in 2021. This increase was mainly due to an increase in cost of sales and an increase in sustaining capital expenditure, partly offset by higher ounces of gold sold. For a discussion of the increase in cost of sales in Africa - Joint Ventures during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2021 with 2020—Cost of sales”. Sustaining capital expenditure in Africa - Joint Ventures increased mainly due to higher deferred stripping. The increase was partly offset by an increase in gold sold andin Africa - Joint Ventures by 2,000 ounces, or one percent, from 365,000 ounces in 2020 to 367,000 ounces in 2021. The marginal increase was mainly due to a decreasemarginally higher production from Kibali. For a discussion of the marginal increase in major project spendingproduction at Kibali.Kibali during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”. The Kibali mine in the DRC was the only operating asset in Africa - Joint Ventures in 2021.


In the Americas, all-in sustaining costs increased by $251$584 per ounce, or 58 percent, from $1,003 per ounce in 2020 to $1,587 per ounce in 2021. This increase was mainly due to an increase in cost of sales, an increase in sustaining capital expenditure and lower ounces of gold sold. For a discussion of the increase in cost of sales in the Americas during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2021 with 2020—Cost of sales”. Sustaining capital expenditure in the Americas increased as the region continued to implement its re-investment programme and the transition of the TSFs in Brazil to dry-stacked structures to comply with new legal requirements. At AGA Mineração and Serra Grande in Brazil, sustaining capital expenditure increased year-on-year mainly due to higher mine development and TSF expenditures. At Cerro Vanguardia in Argentina, sustaining capital expenditure increased year-on-year mainly due to higher expenditure on TSFs and higher deferred stripping capital. Gold sold in the Americas decreased by 103,000 ounces, or 16



170


percent, from 664,000 ounces in 2020 to 561,000 ounces in 2021. This decrease was mainly due to lower production from all of the Americas operations. For a discussion of the decrease in production at the Americas operations during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”.

In Australia, all-in sustaining costs increased by $275 per ounce, or 22 percent, from $1,225 per ounce in 2020 to $1,500 per ounce in 2021. This increase was mainly due to an increase in cost of sales, an increase in sustaining capital expenditure and lower ounces of gold sold. For a discussion of the increase in cost of sales in Australia during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2021 with 2020—Cost of sales”. Sustaining capital expenditure increased in Australia as Mineral Reserve development, deferred stripping and other stay-in-business capital expenditure increased. At Sunrise Dam in Australia, sustaining capital expenditure increased year-on-year mainly due to an increase in Mineral Reserve development. At Tropicana in Australia, sustaining capital expenditure increased year-on-year mainly due to higher deferred stripping, Mineral Reserve development and other stay-in-business capital expenditure. Gold sold in Australia decreased by 62,000 ounces, or 11 percent, from 557,000 ounces in 2020 to 495,000 ounces in 2021. This decrease was mainly due to lower production from Sunrise Dam and Tropicana. For a discussion of the decrease in production at the Australia operations during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”.

All-in costs per ounce

In Africa - Subsidiaries, all-in costs increased by $323 per ounce, or 27 percent, to $1,183from $1,193 per ounce in 2019 from $9322020 to $1,516 per ounce in 2018.2021. This increase was mainly due to an increase in all-in sustaining costs, higher care and maintenance expenditure and higher non-sustaining project capital expenditure. At Obuasi in Ghana, underground mining activities were voluntarily suspended between 18 May 2021 and 15 October 2021, following a sill pillar incident. From 15 October 2021, underground mining resumed to replenish the run-of-mine stockpile without corresponding gold production. Since the voluntary suspension of underground mining activities, care and maintenance costs of $45 million were incurred at Obuasi during 2021. Non-sustaining capital expenditure at Geita in Tanzania increased mainly due to an increase in non-sustaining exploration and studyproject capital with the start of the Nyamulilima project. For a discussion of the decrease in ounces of gold sold in Africa - Subsidiaries during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2021 with 2020—All-in sustaining costs per ounce”.

In Africa - Joint Ventures, all-in costs increased by $76 per ounce, or nine percent, from $824 per ounce in 2020 to $900 per ounce in 2021. This increase was mainly due to an increase in all-in sustaining costs and higher non-sustaining project capital expenditure . For a discussion of the 83,000-ounceincrease in ounces of gold sold in Africa - Joint Ventures during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2021 with 2020—All-in sustaining costs per ounce”. The Kibali mine in the DRC was the only operating asset in Africa - Joint Ventures in 2021.

In the Americas, all-in costs increased by $603 per ounce, or 58 percent, from $1,032 per ounce in 2020 to $1,635 per ounce in 2021. This increase was mainly due to an increase in closure and social responsibility costs not related to current operations. For a discussion of the decrease in ounces of gold sold (excluding pre-production ounces)in the Americas during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a segment basis in 2021 with 2020—All-in sustaining costs per ounce”.


In Australia, all-in costs increased by $2$369 per ounce, to $1,072or 27 percent, from $1,356 per ounce in 2019 from $1,0702020 to $1,725 per ounce in 20182021. This increase was mainly due to an increase in majorall-in sustaining costs, higher non-sustaining project spendingcapital expenditure at Sunrise Dam on the Golden Delicious open pit growth project and at Tropicana an increase inon the Havana cutback project, and higher non-sustaining exploration and study costs relating to growth deposits at Sunrise Dam and Tropicana andTropicana. For a 1,000-ouncediscussion of the decrease in ounces of gold sold. The increase was partially offset bysold in Australia during 2021, see “Item 5A: Operating Results—Comparison of operating performance on a decreasesegment basis in all-in2021 with 2020—All-in sustaining costs.costs per ounce”.


Total cash costs per ounce


The currencies of Argentina Australia and Brazil were, on average, weaker against the US dollar during 20192021 as compared to 20182020, which positively impacted total cash costs per ounce for 2019.2021. This positive impact was partly offset by the currency of Australia being, on average, stronger against the US dollar during 2021 as compared to 2020. Total production in 2021 was lower as compared to 2020, which negatively impacted total cash costs per ounce for 2021. For a discussion of production during 2021, see “Item 5A: Operating Results—Key factors affecting results—Production in 2021”.


In Continental Africa - Subsidiaries, total cash costs per ounce decreasedincreased by $12,$150 per ounce, or one18 percent, to $801from $841 per ounce in 2019 from $8132020 to $991 per ounce in 2018.2021. The decreaseincrease 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 per185,000 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.


At Iduapriem in Ghana, total cash costs per ounce increased by $350 per ounce, or 48 percent, from $731 per ounce in 2020 to $1,081 per ounce in 2021. Total cash costs per ounce increased year-on-year mainly due to lower production and ore stockpile movements. This increase was partly offset by a significant amount of waste stripping capitalised at Teberebie Cut 2 in 2021 compared to 2020, together with a decrease in royalties paid due to lower volumes sold.




171


At Obuasi in Ghana, total cash costs per ounce decreased by $195 per ounce, or 15 percent, from $1,307 per ounce in 2020 to $1,112 per ounce in 2021. Total cash costs per ounce decreased year-on-year mainly due to the ramp-up of Phase 2 production, despite the temporary suspension of underground stoping activities in 2021 due to a sill pillar incident in May 2021. During the temporary suspension period, care and maintenance costs of $45 million were incurred until underground stoping activities resumed in mid-October 2021.

At Siguiri in Guinea, total cash costs per ounce decreased by $93 per ounce, or seven percent, from $1,293 per ounce in 2020 to $1,200 per ounce in 2021. Total cash costs per ounce decreased year-on-year mainly as a result of higher production, partly offset by higher operating costs, increases on fuel and reagent costs, and higher royalties paid from additional volumes sold in 2021.

At Geita in Tanzania, total cash costs per ounce increased by $181 per ounce, or 28 percent, from $641 per ounce in 2020 to $822 per ounce in 2021. Total cash costs per ounce increased year-on-year mainly due to lower grades, together with the depletion of ore stockpiles in 2021 compared to an increase in ore stockpiles during 2020. This increase was partly offset by lower royalties paid and improved efficiencies in that more open pit tonnes were mined in 2021 at a lower rate per tonne than in 2020.

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$18 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$629 per ounce in 20182020 to $966$647 per ounce in 2019.2021. The increase was mainly due to an 8,000-ounce decreaseincrease in production partiallytotal cash costs, partly offset by a decrease1,000 ounce increase in total cash costs.

In the DRC, at Kibali, totalproduction.Total cash costs per ounce decreased by $28, or five percent, to $572 per ounceincreased year-on-year mainly as a result of lower open-pit recovered grades, unfavourable movements in 2019 from $600 per ounce in 2018. The decrease was mainlystockpiles, higher royalties paid due to a 3,000-ouncean increase in productionthe average gold price received, and a decreaseadditional reagent consumption, as compared to 2020. The Kibali mine in total cash costs.the DRC was the only operating asset in Africa - Joint Ventures in 2021.


In the Americas, total cash costs per ounce increased by $112,$200 per ounce, or 1828 percent, to $736from $721 per ounce in 2019 from $6242020 to $921 per ounce in 2018.2021. The increase was mainly due to a 66,000-ounce90,000 ounce decrease in production and a decrease in by-product revenue. Thean increase was partially offset by a decrease in total cash costs.


In Brazil, at AngloGold Ashanti Córrego do SítioAGA Mineração, total cash costs per ounce increased by $59,$111 per ounce, or eight15 percent, to $782from $747 per ounce in 2019 from $7232020 to $858 per ounce in 2018 primarily2021. Total cash costs per ounce increased year-on-year mainly due to anlower production and higher commodity prices (oil, iron ore and construction materials) and higher costs of services and labour. This increase in total cash costswas partly offset by higher sulphuric acid by-product revenue and a 2,000-ounce decrease in production (excluding pre-production ounces). lower royalties paid due to lower volumes sold.

At Serra Grande, total cash costs per ounce increased by $47,$527 per ounce, or seven79 percent, to $707from $665 per ounce in 2019 from $6602020 to $1,192 per ounce in 2018 primarily2021. Total cash costs per ounce increased year-on-year mainly due to an increase in total cash costslower production, higher commodity prices (oil, iron ore and 7,000-ounce decrease inconstruction materials) and higher cost of services and labour as well as inefficiencies primarily caused by higher absenteeism due to COVID-19 and various production (excluding pre-production ounces).challenges encountered during 2021.


In Argentina, at Cerro Vanguardia, total cash costs per ounce increased by $197,$195 per ounce, or 4128 percent, to $673from $699 per ounce in 2019 from $4762020 to $894 per ounce in 2018 primarily2021. Total cash costs per ounce increased year-on-year mainly due to salary increases, additional costs relating to COVID-19 tests and other related medical costs in line with COVID-19 protocols, higher commodity prices and higher materials consumption (such as fuel, explosives and spare parts) as a 57,000-ounce decrease in production and a decrease in by-product revenue.result of higher tonnes mined. The increase was partiallypartly offset by a decrease in total cash costs.the weakening of the Argentinean peso against the US dollar and higher by-product revenue derived from higher ounces of silver sold.


In Australia, total cash costs per ounce decreasedincreased by $32,$228 per ounce, or four24 percent, to $730from $968 per ounce in 2019 from $7622020 to $1,196 per ounce in 20182021, 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 35,00060,000 ounce decrease in production and an increase in total cash costs.


At Sunrise Dam, total cash costs per ounce increased by $252 per ounce, or 24 percent, from $1,069 per ounce in 2020 to $1,321 per ounce in 2021. Total cash costs per ounce increased year-on-year primarily due to lower production and higher mining costs (mainly higher cost of labour due to critical skill shortages), partly offset by lower royalties paid.

At Tropicana, total cash costs per ounce decreasedincreased by $90,$180 per ounce, or 1522 percent, to $504from $807 per ounce in 2019 compared2020 to $594$987 per ounce in 20182021. Total cash costs per ounce increased year-on-year mainly due to a 24,000-ounce increase in production. The decrease was partially offset by an increase in total cashlower grades, inventory movements and the impact of higher underground and open pit mining costs.


Overall the subsidiaries’ total cash costs per ounce increased by $20,$181, or three22 percent, to $763from $836 per ounce in 2019 compared2020 to $743$1,017 per ounce in 2018.2021. The increase was mainly due to an increase in total cash costs and a 45,000-ounce335,000-ounce decrease in production.


ComparisonReconciliations

The following tables present a reconciliation 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,as included in the Company’s audited financial statements 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“all-in sustaining costs”, “all-in sustaining costs per ounce

In Continental Africa - Subsidiaries, all-in sustaining costs increased by $32 per ounce, or four percent, to $941 per ounce in 2018 from $909 per ounce in 2017. This increase was mainly due to an increase in cost 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 97,000-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-inounce”, “all-in costs”, “all-in costs per ounce

In Continental Africa - Subsidiaries, all-inounce”, “total cash 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 costsnet of by-product revenue” 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 decreased by $86 per ounce, or eight percent, to $932 per ounce in 2018 from $1,018 per ounce in 2017. This decrease was mainly due to a decrease in all-in sustaining costs partially offset by a 71,000-ounce decrease in gold sold (excluding pre-production ounces).

In Australia, all-in costs decreased by $10 per ounce, or one percent, to $1,070 per ounce in 2018 from $1,080 per ounce in 2017 mainly due to an increase of 53,000 ounces in gold sold partially offset by an increase in all-in sustaining costs.

Total“total cash costs per ounceounce” for each of the three years in the period ended 31 December 2022 on a total


The currencies

172


and segment basis. In addition, the Company has provided detail of Argentina, Australiathe attributable ounces of gold produced and Brazil were, on average, weaker against the US dollar during 2018 as compared to 2017 which positively impacted total cash costs per ouncesold by mine for 2018.each of those periods below.

In Continental Africa - Subsidiaries, total cash costs per ounce increased by $125, or 18 percent, to $813 per ounce in 2018 from $688 per ounce in 2017. The increase was mainly due to an increase in cost of sales and a 34,000-ounce decrease in production (excluding pre-production ounces).

In Tanzania, at Geita, total cash costs per ounce increased by $196, or 32 percent, to $804 per ounce in 2018 from $608 per ounce in 2017. The increase was mainly due an increase in cost of sales partially offset by a 25,000-ounce increase in production (excluding pre-production ounces).

In Ghana, at Iduapriem, total cash costs per ounce decreased by $19, or two percent, to $804 per ounce in 2018 compared to $823 per ounce in 2017 mainly due to a 26,000-ounce increase in production. The decrease was partially offset by an increase in cost of sales.

In Guinea, at Siguiri, total cash costs 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 per ounce decreased by $139, or 17 percent, to $680 per ounce in 2018 from $819 per ounce in 2017. The decrease was mainly due to a 92,000-ounce increase in production partially offset by an increase in cost of sales.

In Mali, at Morila, total cash costs per ounce increased by $171, or 18 percent, to $1,145 per ounce in 2018 from $974 per ounce in 2017. The increase was mainly due to an increase in cost of sales partially offset by a 2,000-ounce increase in production. At Sadiola, total cash costs per ounce increased by $38, or four percent, from $900 per ounce in 2017 to $938 per ounce in 2018. The increase was mainly due to a 4,000-ounce decrease in production partially offset by a decrease in cost of sales.

In the DRC, at Kibali, total cash costs per ounce decreased by $184, or 23 percent, to $600 per ounce in 2018 from $784 per ounce in 2017. The decrease was mainly due to a 95,000-ounce increase in production partially offset by an increase in cost of sales.


In the Americas, total cash costs per ounce decreased by $14, or two percent, to $624 per ounce in 2018 from $638 per ounce in 2017. The decrease was mainly due to a decrease in cost of sales. The decrease was partially offset by a 64,000-ounce decrease in production (excluding pre-production ounces) and a decrease in amortisation of tangible assets.

In Brazil, at AngloGold Ashanti Córrego do Sítio Mineração, total cash costs per ounce increased by $52, or eight percent, to $723 per ounce in 2018 from $671 per ounce in 2017 primarily due to a decrease in amortisation of tangible assets. The increase was partially offset by a decrease in cost of sales and a 60,000-ounce increase in production (excluding pre-production ounces). At Serra Grande, total cash costs per ounce decreased by $104, or 14 percent, to $660 per ounce in 2018 from $764 per ounce in 2017 primarily due to a decrease in 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 $46, or nine percent, to $476 per ounce in 2018 from $522 per ounce in 2017 primarily due to a decrease in cost of sales. The decrease was partially offset by a 1,000-ounce decrease in production and a decrease in amortisation of tangible assets.

In Australia, total cash costs per ounce increased by $19, or three percent, to $762 per ounce in 2018 from $743 per ounce in 2017 primarily due to an increase in cost of sales. The increase was partially offset by a 66,000-ounce increase in production.

At Sunrise Dam, total cash costs per ounce increased by $1, or 0.1 percent, to $920 per ounce in 2018 compared to $919 per ounce in 2017 mainly due to an increase in cost of sales. The increase was partially offset by a 51,000-ounce increase in production.

At Tropicana, total cash costs per ounce increased by $30, or five percent, to $594 per ounce in 2018 compared to $564 per ounce in 2017 mainly due to an increase in cost of sales. The increase was partially offset by a 14,000-ounce increase in production.

Overall the subsidiaries’ total cash costs per ounce increased by $60, or nine percent, to $743 per ounce in 2018 compared to $683 per ounce in 2017. The increase was mainly due to a 32,000-ounce decrease in production and a decrease in total amortisation partially offset by a decrease in cost of sales.



For the year ended 31 December 20192022
Corporate and other
(in $ millions, except as otherwise noted)
Corporate (4)
All-in sustaining costs
Cost of sales per segmental information(5)
By-product revenue— 
Cost of sales
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(4)
Adjusted for decommissioning and inventory amortisation— 
Corporate administration and marketing expenditure79 
Lease payment sustaining
Sustaining exploration and study costs— 
Total sustaining capital expenditure
All-in sustaining costs82 
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 costs82 
Non-sustaining project capital expenditure— 
Non-sustaining lease payments— 
Non-sustaining exploration and study costs— 
Care and maintenance— 
Closure and social responsibility costs not related to current operations
Other provisions14 
All-in costs103 
Adjusted for non-controlling interests and non-gold producing companies(1)
— 
All-in costs adjusted for non-controlling interests and non-gold producing companies103 
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.
(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 to “Item 18: Financial Statements—Note 2—Segmental Information”.
(6)A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new Operating Model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.


Rounding of figures may result in computational discrepancies.




173


For the year ended 31 December 2022
Corporate and other
(in $ millions, except as otherwise noted)
Corporate(4)
Total cash costs
Cost of sales per segmental information(5)
By-product revenue— 
Inventory change— 
Amortisation of tangible assets(3)
Amortisation of right of use assets(1)
Amortisation of intangible assets— 
Rehabilitation and other non-cash costs— 
Retrenchment costs— 
Total cash costs net of by-product revenue— 
Adjusted for non-controlling interests and non-gold producing companies (1)
— 
Total cash costs adjusted for non-controlling interests and non-gold producing companies— 
Gold produced – oz (000)(2)
— 
Total cash costs per unit – $/oz(3)
— 
(1)Adjusting for non-controlling interest of items included in calculation, to disclose the attributable portions only.
(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 to “Item 18: Financial Statements—Note 2—Segmental Information”.
(6)A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new Operating Model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.

Rounding of figures may result in computational discrepancies.



174


For the year ended 31 December 2022
Operations Africa
(in $ millions, except as otherwise noted)
AFRICAAFRICA
KibaliOtherJoint VenturesIduapriemObuasiSiguiriGeitaAfrica OtherSubsidiaries
All-in sustaining costs
Cost of sales per segmental information(5)
342 — 342 314 266 488 594 — 1,662 
By-product revenue(1)— (1)(1)(1)— (1)— (3)
Cost of sales341 — 341 313 265 488 593 — 1,659 
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(95)— (95)(80)(40)(50)(102)— (272)
Adjusted for decommissioning and inventory amortisation— — — — — — — — — 
Corporate administration and marketing expenditure— — — — — — — — — 
Lease payment sustaining— — 22 — 27 
Sustaining exploration and study costs— — — — — 15 
Total sustaining capital expenditure71 — 71 81 79 23 111 — 294 
All-in sustaining costs325 — 325 320 304 467 632 — 1,723 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — — (70)— — (70)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies325 — 325 320 304 397 632 — 1,653 
All-in sustaining costs325 — 325 320 304 467 632 — 1,723 
Non-sustaining project capital expenditure19 — 19 65 80 43 — 192 
Non-sustaining lease payments— — — — — — — 
Non-sustaining exploration and study costs— — — 13 
Care and maintenance— — — — — — — — — 
Closure and social responsibility costs not related to current operations10 11 (23)— — — (22)
Other provisions— — — — — — — — — 
All-in costs356 357 387 361 478 683 — 1,909 
Adjusted for non-controlling interests and non-gold producing companies(1)
— — — — — (72)— — (72)
All-in costs adjusted for non-controlling interests and non-gold producing companies356 357 387 361 406 683 — 1,837 
Gold sold – oz (000)(2)
332 — 332 247 241 278 515 — 1,281 
All-in sustaining cost per unit – $/oz(3)
979 — 979 1,299 1,264 1,428 1,227 — 1,291 
All-in cost per unit – $/oz(3)
1,072 — 1,075 1,570 1,499 1,461 1,325 — 1,434 




175


For the year ended 31 December 2022
Operations Africa
(in $ millions, except as otherwise noted)
AFRICAAFRICA
KibaliOtherJoint VenturesIduapriemObuasiSiguiriGeitaAfrica otherSubsidiaries
Total cash costs
Cost of sales per segmental information(5)
342 — 342 314 266 488 594 — 1,662 
By-product revenue(1)— (1)(1)(1)— (1)— (3)
Inventory change— (1)19 
Amortisation of tangible assets(93)— (93)(77)(39)(49)(77)— (242)
Amortisation of right of use assets(2)— (2)(3)— (1)(25)— (29)
Amortisation of intangible assets— — — — (1)— — — (1)
Rehabilitation and other non-cash costs(4)— (4)(2)(8)(7)— (13)
Retrenchment costs— — — — — — — — — 
Total cash costs net of by-product revenue245 — 245 240 229 434 491 (1)1,393 
Adjusted for non-controlling interests non-gold producing companies and other(1)
— — — — — (65)— — (65)
Total cash costs adjusted for non-controlling interests and non-gold producing companies and other245 — 245 240 229 369 491 (1)1,328 
Gold produced - oz (000)(2)
337 — 337 248 250 279 521 — 1,298 
Total cash costs per unit - $/oz(3)
725 — 725 970 914 1,319 944 — 1,023 




176


For the year ended 31 December 2022
Operations in Australia, America and Projects
(in $ millions, except as otherwise noted)
AUSTRALIAAMERICAS
PROJECTS (6)
Sunrise DamTropicanaAustralia otherTotal AustraliaCerro VanguardiaAngloGold Ashanti
Mineração
Serra GrandeAmericas otherTotal Americas
All-in sustaining costs
Cost of sales per segmental information(5)
371 382 30 783 273 477 162 913 — 
By-product revenue(1)(3) (4)(75)(31)  (106) 
Cost of sales370 379 30 779 198 446 162 807 — 
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(54)(117)(1)(172)(39)(106)(40)— (185)— 
Adjusted for decommissioning and inventory amortisation— — — (1)— — 
Corporate administration and marketing expenditure— — — — — — — — — — 
Lease payment sustaining12 11 24 — 32 — 36 
Sustaining exploration and study costs— — — — 
Total sustaining capital expenditure50 41 — 91 66 199 57 — 322 — 
All-in sustaining costs379 316 30 725 234 572 182 989 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — (18)— — — (18)— 
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies379 316 30 725 216 572 182 971 
All-in sustaining costs379 316 30 725 234 572 182 989 
Non-sustaining project capital expenditure— 111 — 111 — — — — — 17 
Non-sustaining lease payments— — — — — — — — — — 
Non-sustaining exploration and study costs18 19 43 14 113 
Care and maintenance— — — — — — — — — — 
Closure and social responsibility costs not related to current operations— — — — — 16 — 18 — 
Other provisions— — — — — — — — — — 
All-in costs397 433 49 879 235 597 187 1,021 131 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — (18)— — — (18)— 
All-in costs adjusted for non-controlling interests and non-gold producing companies397 433 49 879 217 597 187 1,003 131 
Gold sold – oz (000)(2)
228 311 — 539 166 310 89 — 565 — 
All-in sustaining cost per unit – $/oz(3)
1,666 1,014 — 1,345 1,301 1,841 2,053 — 1,718 — 
All-in cost per unit – $/oz(3)
1,746 1,391 — 1,631 1,309 1,923 2,102 — 1,775 — 




177


For the year ended 31 December 2022
Operations in Australia, America and Projects
(in $ millions, except as otherwise noted)
AUSTRALIAAMERICAS
Sunrise DamTropicanaAustralia otherTotal AustraliaCerro VanguardiaAngloGold Ashanti
Mineração
Serra GrandeAmericas otherTotal Americas
Total cash costs
Cost of sales per segmental information(5)
371 382 30 783 273 477 162 913 
By-product revenue(1)(3)— (4)(75)(31)— — (106)
Inventory change(5)— (1)(1)
Amortisation of tangible assets(43)(109)— (152)(39)(79)(36)— (154)
Amortisation of right of use assets(11)(8)(1)(20)— (27)(4)— (31)
Amortisation of intangible assets— — — — — — — — — 
Rehabilitation and other non-cash costs12 (1)13 (1)(1)— — 
Retrenchment costs— — (1)(1)(2)(2)(1)— (5)
Total cash costs net of by-product revenue326 269 27 622 168 338 119 — 625 
Adjusted for non-controlling interests, non-gold producing companies and other(1)
— — — — (13)— — — (13)
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies326 269 27 622 155 338 119 — 612 
Gold produced – oz (000)(2)
232 306 — 538 170 311 88 — 569 
Total cash costs per unit – $/oz(3)
1,402 881 — 1,157 913 1,088 1,355 — 1,078 





178


For the year ended 31 December 2022
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
JOINT VENTURESSUBSIDIARIES
All-in sustaining costs
Cost of sales per segmental information(5)
342 3,362 
By-product revenue(1)(113)
Cost of sales341 3,249 
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(95)(633)
Adjusted for decommissioning and inventory amortisation— 
Corporate administration and marketing expenditure— 79 
Lease payment sustaining90 
Sustaining exploration and study costs— 21 
Total sustaining capital expenditure71 708 
All-in sustaining costs325 3,520 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (88)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies325 3,432 
All-in sustaining costs325 3,520 
Non-sustaining project capital expenditure19 320 
Non-sustaining lease payments— 
Non-sustaining exploration and study costs183 
Care and maintenance— — 
Closure and social responsibility costs not related to current operations11 
Other provisions— 14 
All-in costs357 4,043 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (90)
All-in costs adjusted for non-controlling interests and non-gold producing companies357 3,953 
Gold sold – oz (000)(2)
332 2,385 
All-in sustaining cost per unit – $/oz(3)
979 1,439 
All-in cost per unit – $/oz(3)
1,075 1,658 




179


For the year ended 31 December 2022
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
JOINT VENTURESSUBSIDIARIES
Total cash costs
Cost of sales per segmental information(5)
342 3,362 
By-product revenue(1)(113)
Inventory change30 
Amortisation of tangible assets(93)(551)
Amortisation of right of use assets(2)(81)
Amortisation of intangible assets— (1)
Rehabilitation and other non-cash costs(4)— 
Retrenchment costs— (6)
Total cash costs net of by-product revenue245 2,640 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (78)
Total cash costs net of by-product revenue adjusted for non-controlling interests and
non-gold producing companies
245 2,562 
Gold produced – oz (000)(2)
337 2,405 
Total cash costs (adjusted) per unit – $/oz(3)
725 1,066 





180


For the year ended 31 December 2021
Corporate and other
(in $ millions, except as otherwise noted)
Corporate (4)
All-in sustaining costs
Cost of sales per segmental information(5)
(5)
By-product revenue— 
Cost of sales(5)
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(3)
Adjusted for decommissioning and inventory amortisation— 
Corporate administration and marketing expenditure73 
Lease payment sustaining
Sustaining exploration and study costs— 
Total sustaining capital expenditure11 
All-in sustaining costs79 
Adjusted for non-controlling interests and non-gold producing companies(1)
— 
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies79 
All-in sustaining costs79 
Non-sustaining project capital expenditure— 
Non-sustaining lease payments— 
Non-sustaining exploration and study costs— 
Care and maintenance— 
Closure and social responsibility costs not related to current operations
Other provisions
All-in costs84 
Adjusted for non-controlling interests and non-gold producing companies(1)
— 
All-in costs adjusted for non-controlling interests and non-gold producing companies84 
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.
(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 to “Item 18: Financial Statements—Note 2—Segmental Information”.
(6)A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new Operating Model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.

Rounding of figures may result in computational discrepancies.




181


For the year ended 31 December 2021
Corporate and other
(in $ millions, except as otherwise noted)
Corporate (4)
Total cash costs
Cost of sales per segmental information(5)
(5)
By-product revenue— 
Inventory change— 
Amortisation of tangible assets(1)
Amortisation of right of use assets(1)
Amortisation of intangible assets(1)
Rehabilitation and other non-cash costs— 
Retrenchment costs— 
Total cash costs net of by-product revenue(8)
Adjusted for non-controlling interests,(1)
— 
Total cash costs for non-controlling interests(8)
Gold produced – oz (000)(2)
— 
Total cash costs per unit – $/oz(3)
— 
(1)Adjusting for non-controlling interest of items included in calculation, to disclose the attributable portions only.
(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 to “Item 18: Financial Statements—Note 2—Segmental Information”.
(6)A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new Operating Model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.

Rounding of figures may result in computational discrepancies.




182


For the year ended 31 December 2021
Operations Africa
(in $ millions, except as otherwise noted)
AFRICAAFRICA
KibaliOtherJoint VenturesIduapriemObuasiSiguiriGeitaAfrica OtherSubsidiaries
All-in sustaining costs
Cost of sales per segmental information(5)
350 — 350 238 164 410 488 — 1,300 
By-product revenue(2)— (2)(1)— (1)(1)— (3)
Cost of sales348 — 348 237 164 409 487 — 1,297 
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(105)— (105)(19)(22)(47)(75)— (163)
Adjusted for decommissioning and inventory amortisation— — — — 
Corporate administration and marketing expenditure— — — — — — — — — 
Lease payment sustaining— — 19 — 22 
Sustaining exploration and study costs— — — — — 
Total sustaining capital expenditure61 — 61 103 46 18 65 — 232 
All-in sustaining costs314 — 314 325 188 384 501 — 1,398 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — — (58)— — (58)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies314 — 314 325 188 326 501 — 1,340 
All-in sustaining costs314 — 314 325 188 384 501 — 1,398 
Non-sustaining project capital expenditure11 — 11 122 20 58 — 202 
Non-sustaining lease payments— — — — — — — 
Non-sustaining exploration and study costs— — 
Care and maintenance— — — — 45 — — — 45 
Closure and social responsibility costs not related to current operations— — 10 — — — 10 
Other provisions— — — — — — — 
All-in costs330 — 330 330 367 406 565 — 1,668 
Adjusted for non-controlling interests and non-gold producing companies(1)
— — — — — (61)— — (61)
All-in costs adjusted for non-controlling interests and non-gold producing companies330 — 330 330 367 345 565 — 1,607 
Gold sold – oz (000)(2)
367 — 367 201 114 258 487 — 1,060 
All-in sustaining cost per unit – $/oz(3)
856 — 856 1,619 1,653 1,267 1,029 — 1,264 
All-in cost per unit – $/oz(3)
898 — 900 1,642 3,229 1,340 1,161 — 1,516 



183


For the year ended 31 December 2021
Operations Africa
(in $ millions, except as otherwise noted)
AFRICAAFRICA
KibaliOtherJoint VenturesIduapriemObuasiSiguiriGeitaAfrica otherSubsidiaries
Total cash costs
Cost of sales per segmental information(5)
350 — 350 238 164 410 488 — 1,300 
By-product revenue(2)— (2)(1)— (1)(1)— (3)
Inventory change(1)— (1)(10)(1)(1)— (11)
Amortisation of tangible assets(100)— (100)(17)(21)(46)(55)— (139)
Amortisation of right of use assets(5)— (5)(2)— (1)(20)— (23)
Amortisation of intangible assets— — — — (1)— — — (1)
Rehabilitation and other non-cash costs(5)— (5)(1)(12)(12)— (23)
Retrenchment costs— — — — — — — — — 
Total cash costs net of by-product revenue237 — 237 218 120 363 399 — 1,100 
Adjusted for non-controlling interests non-gold producing companies and other(1)
— — — — — (55)— — (55)
Total cash costs adjusted for non-controlling interests and non-gold producing companies and other237 — 237 218 120 308 399 — 1,045 
Gold produced - oz (000)(2)
365 — 365 202 108 258 486 — 1,054 
Total cash costs per unit - $/oz(3)
647 — 647 1,081 1,112 1,200 822 — 991 



184


For the year ended 31 December 2021
Operations in Australia, America and Projects
(in $ millions, except as otherwise noted)
AUSTRALIAAMERICAS
PROJECTS (6) Restated
Sunrise DamTropicanaAustralia otherTotal AustraliaCerro VanguardiaAngloGold Ashanti
Mineração
Serra GrandeAmericas otherTotal Americas
All-in sustaining costs
Cost of sales per segmental information(5)
364 346 30 740 261 435 123 822 — 
By-product revenue(1)(3)— (4)(93)(26)— — (119)— 
Cost of sales363 343 30 736 168 409 123 703 — 
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(60)(88)(2)(150)(27)(108)(25)(1)(161)— 
Adjusted for decommissioning and inventory amortisation— — (4)— — (4)— 
Corporate administration and marketing expenditure— — — — — — — — — — 
Lease payment sustaining13 12 — 25 — 15 20 — 
Sustaining exploration and study costs— — — — — — — 
Total sustaining capital expenditure47 82 130 69 193 82 — 344 — 
All-in sustaining costs364 350 29 743 211 506 184 904 — 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — (16)— — — (16)— 
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies364 350 29 743 195 506 184 888 — 
All-in sustaining costs364 350 29 743 211 506 184 904 — 
Non-sustaining project capital expenditure15 40 — 55 — — — 52 
Non-sustaining lease payments— — — — — — — — — — 
Non-sustaining exploration and study costs27 21 56 11 17 72 
Care and maintenance— — — — — — — — — — 
Closure and social responsibility costs not related to current operations— — — — — 10 — 
Other provisions— — — — — — — — — — 
All-in costs406 398 50 854 212 526 190 933 124 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — (16)— — — (16)— 
All-in costs adjusted for non-controlling interests and non-gold producing companies406 398 50 854 196 526 190 917 124 
Gold sold – oz (000)(2)
231 264 — 495 144 334 83 — 561 — 
All-in sustaining cost per unit – $/oz(3)
1,573 1,326 — 1,500 1,353 1,519 2,220 — 1,587 — 
All-in cost per unit – $/oz(3)
1,757 1,506 — 1,725 1,362 1,582 2,283 — 1,635 — 




185


For the year ended 31 December 2021
Operations in Australia, America and Projects
(in $ millions, except as otherwise noted)
AUSTRALIAAMERICAS
Sunrise DamTropicanaAustralia otherTotal AustraliaCerro VanguardiaAngloGold Ashanti
Mineração
Serra GrandeAmericas otherTotal Americas
Total cash costs
Cost of sales per segmental information(5)
364 346 30 740 261 435 123 822 
By-product revenue(1)(3)— (4)(93)(26)— — (119)
Inventory change(3)— — (3)— 
Amortisation of tangible assets(49)(80)— (129)(27)(94)(21)— (142)
Amortisation of right of use assets(11)(8)(1)(20)— (14)(4)(1)(19)
Amortisation of intangible assets— — (1)(1)— — — — — 
Rehabilitation and other non-cash costs(1)(8)(12)— — (20)
Retrenchment costs— — — — (1)(1)— — (2)
Total cash costs net of by-product revenue303 261 27 591 139 285 99 525 
Adjusted for non-controlling interests, non-gold producing companies and other(1)
— — — — (10)— — — (10)
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies303 261 27 591 129 285 99 515 
Gold produced – oz (000)(2)
229 265 — 494 145 331 83 — 559 
Total cash costs per unit – $/oz(3)
1,321 987 — 1,196 894 858 1,192 — 921 



186


For the year ended 31 December 2021
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
JOINT VENTURESSUBSIDIARIES
All-in sustaining costs
Cost of sales per segmental information(5)
350 2,857 
By-product revenue(2)(126)
Cost of sales348 2,731 
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(105)(477)
Adjusted for decommissioning and inventory amortisation— 
Corporate administration and marketing expenditure— 73 
Lease payment sustaining70 
Sustaining exploration and study costs— 10 
Total sustaining capital expenditure61 717 
All-in sustaining costs314 3,124 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (74)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies314 3,050 
All-in sustaining costs314 3,124 
Non-sustaining project capital expenditure11 311 
Non-sustaining lease payments— 
Non-sustaining exploration and study costs153 
Care and maintenance— 45 
Closure and social responsibility costs not related to current operations24 
Other provisions— 
All-in costs330 3,663 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (77)
All-in costs adjusted for non-controlling interests and non-gold producing companies330 3,586 
Gold sold – oz (000)(2)
367 2,116 
All-in sustaining cost per unit – $/oz(3)
856 1,441 
All-in cost per unit – $/oz(3)
900 1,695 



187


For the year ended 31 December 2021
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
JOINT VENTURESSUBSIDIARIES
Total cash costs
Cost of sales per segmental information(5)
350 2,857 
By-product revenue(2)(126)
Inventory change(1)(6)
Amortisation of tangible assets(100)(411)
Amortisation of right of use assets(5)(63)
Amortisation of intangible assets— (3)
Rehabilitation and other non-cash costs(5)(38)
Retrenchment costs— (2)
Total cash costs net of by-product revenue237 2,208 
Adjusted for non-controlling interests, non-gold producing companies and other(1)
— (65)
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies237 2,143 
Gold produced – oz (000)(2)
365 2,107 
Total cash costs per unit – $/oz(3)
647 1,017 



188


For the year ended 31 December 2020
Corporate and other
(in $ millions, except as otherwise noted)
Corporate (4)
All-in sustaining costs
Cost of sales per segmental information(5)
(2)
By-product revenue— 
Cost of sales(2)
Realised other commodity contracts
Amortisation of tangible, intangible and right of use assets(2)
Adjusted for decommissioning and inventory amortisation(1)
Corporate administration and marketing expenditure67 
Lease payment sustaining
Sustaining exploration and study costs
Total sustaining capital expenditure
All-in sustaining costs73 
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 costs73 
Non-sustaining project capital expenditure— 
Non-sustaining lease payments— 
Non-sustaining exploration and study costs— 
Care and maintenance— 
Closure and social responsibility costs not related to current operations
Other provisions— 
All-in costs82 
Adjusted for non-controlling interests and non-gold producing companies(1)
— 
All-in costs adjusted for non-controlling interests and non-gold producing companies82 
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.
(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 to “Item 18: Financial Statements—Note 2—Segmental Information”.
(6)A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new Operating Model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.

Rounding of figures may result in computational discrepancies.





189


For the year ended 31 December 2020
Corporate and other
(in $ millions, except as otherwise noted)
Corporate (4)

All-in sustainingTotal cash 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 to “Item 18: Financial Statements - Note 2 - Segmental Information”.

Rounding of figures may result in computational differences.

For the year ended 31 December 2019
Corporate and other
(in $ millions, except as otherwise noted)
Corporate(4)

(2)
Total cash costsBy-product revenue— 
Cost of sales per segmental information(5)Inventory change(1)— 
By-product revenueAmortisation of tangible assets
— 
Inventory changeAmortisation of right of use assets4
— 
Amortisation of intangible assets
(2)
Amortisation of tangible and intangible assets(3)
Rehabilitation and other non-cash costs
— 
Retrenchment costs
— 
Total cash costs net of by-product revenue1
(4)
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
(4)
Gold produced – oz (000)(2)

— 
Total cash costs per unit – $/oz(3)






































156


For the year ended 31 December 2019
Operations in Continental Africa (DRC, Ghana, Guinea, Mali and Tanzania)
(in $ millions, except as otherwise noted)
 DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
 Kibali
 Morila
 Sadiola
 Ventures
 Iduapriem
 Obuasi
 Siguiri
 Geita
  
All-in sustaining costs                   
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)
Amortisation of tangible and intangible assets(130) (3) (4) (137) (58) 
 (38) (133) (1) (230)
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
 
 
 
 3
 
 3
 6
 (1) 12
Total sustaining capital expenditure46
 
 
 46
 16
 
 15
 75
 
 107
Amortisation relating to inventory
 
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 
 
 
All-in sustaining costs254
 34
 50
 338
 249
 
 295
 540
 (1) 1,083
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 
 
 (44) 
 
 (44)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies254
 34
 50
 338
 249
 
 251
 540
 (1) 1,039
All-in sustaining costs254
 34
 50
 338
 249
 
 295
 540
 (1) 1,083
Non-sustaining project capital expenditure5
 
 
 5
 
 246
 6
 
 
 252
Lease payment non sustaining
 
 
 
 
 
 
 1
 
 1
Technology improvements
 
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs5
 
 
 4
 1
 
 4
 4
 1
 10
Care and maintenance costs
 
 
 
 
 48
 
 
 (1) 47
Corporate and social responsibility costs not related to current operations1
 
 
 
 2
 
 9
 
 
 11
Other provisions
 
 
 
 
 
 
 
 
 
All-in costs265
 34
 49
 347
 252
 294
 314
 545
 (1) 1,404
Adjusted for non-controlling interests and non-gold producing companies(1)

 
 
 
 
 
 (47) 
 
 (47)
All-in costs adjusted for non-controlling interests and non-gold producing companies265
 34
 49
 347
 252
 294
 267
 545
 (1) 1,357
Gold sold – oz (000)(2)
362
 28
 52
 442
 280
 
 213
 604
 
 1,096
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 2019
Operations in Continental Africa (DRC, Ghana, Guinea, Mali and Tanzania)
(in $ millions, except as otherwise noted)
 DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
 Kibali
 Morila
 Sadiola
 Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
  
Total cash costs                   
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 change4
 (1) 
 3
 (5) 
 1
 (9) 1
 (12)
Amortisation of intangible assets
 
 
 
 
 
 
 
 
 
Amortisation of tangible and intangible assets(130) (3) (4) (137) (58) 
 (38) (133) (1) (230)
Rehabilitation and other non-cash costs(1) 1
 
 (1) 
 
 (5) (8) (2) (14)
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)
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)
366
 27
 51
 445
 275
 

213

604


 1,091
Total cash costs per unit - $/oz(3)
572
 1,205
 966
 657
 815
 
 1,091
 695
 
 801

For the year ended 31 December 2019
Operations in Australia and the Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
 Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
Sunrise Dam
 Tropicana
 Australia other
  Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
  
All-in sustaining costs                 
Cost of sales per segmental information(5)
318
 297
 17
 632
 274
 417
 130
 1
 822
By-product revenue
 (2) 
 (3) (61) (20) 
 (1) (81)
Amortisation of tangible and intangible assets(56) (111) (7) (173) (40) (103) (34) 
 (177)
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
 
 
 
 
 
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 
 
 
Sustaining exploration and study costs4
 
 
 4
 1
 8
 5
 
 14
Total sustaining capital expenditure43
 83
 
 126
 33
 91
 34
 
 157
Amortisation relating to inventory
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 
 
All-in sustaining costs319
 271
 18
 609
 204
 397
 136
 2
 737
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 (15) 
 
 
 (15)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies319
 271
 18
 609
 189
 397
 136
 2
 722
All-in sustaining costs319
 271
 18
 609
 204
 397
 136
 2
 737
Non-sustaining project capital expenditure
 23
 
 23
 
 
 
 38
 38
Lease payment non sustaining
 
 
 
 
 
 
 
 
Technology improvements
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs5
 4
 18
 27
 1
 3
 1
 44
 49
Care and maintenance
 
 
 
 
 
 
 
 
Corporate and social responsibility costs not related to current operations
 
 
 
 
 17
 3
 
 20
Other provisions
 
 
 
 
 
 
 
 
All-in costs324
 298
 36
 659
 205
 418
 140
 83
 844
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 companies324
 298
 36
 659
 190
 418
 140
 83
 829
Gold sold – oz (000)(2)
256
 358
 
 614
 219
 358
 122
 
 700
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 2019
Operations in Australia and the Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
 Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
 Sunrise Dam
 Tropicana
 Australia other
  Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
  
Total cash costs                 
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(1) (1) 
 (2) 3
 (1) 
 
 2
Amortisation of intangible assets
 
 
 
 
 
 
 
 
Amortisation of tangible and intangible assets(56) (111) (7) (173) (40) (103) (34) 
 (177)
Rehabilitation and other non-cash costs(3) (1) (1) (5) (11) (12) (10) 
 (33)
Retrenchment costs
 
 
 (1) (1) (2) 
 (1) (3)
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)

 
 
 
 (12) 
 
 
 (12)
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)
254
 360
 
 614
 225
 362
 123
 
 710
Total cash costs per unit – $/oz(3)
1,014
 504
 
 730
 673
 782
 707
 
 736

For the year ended 31 December 2019
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)
— 
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 to “Item 18: Financial Statements - Note 2 - Segmental Information”.

(1)Adjusting for non-controlling interest of items included in calculation, to disclose the attributable portions only.
(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 to “Item 18: Financial Statements—Note 2—Segmental Information”.
(6)A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new Operating Model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.

Rounding of figures may result in computational discrepancies.






190


For the year ended 31 December 20182020
Corporate and otherOperations in South Africa (Discontinued operations)
(in $ millions, except as otherwise noted)
MponengWest Wits OperationsSurface OperationsSouth Africa otherTotal South Africa (Operations)
All-in sustaining costs
Cost of sales per segmental information(5)158 158 124 287 
By-product revenue(1)— — — (1)
Cost of sales157 158 124 286 
Realised other commodity contracts— — — — — 
Amortisation of tangible, intangible and right of use assets— — — — — 
Adjusted for decommissioning and inventory amortisation— — — — — 
Corporate administration and marketing expenditure— — — — — 
Lease payment sustaining— — — — — 
Sustaining exploration and study costs— — — — — 
Total sustaining capital expenditure27 27 35 
All-in Sustaining costs184 185 131 321 
Adjusted for non-controlling interests and non gold producing companies (1)— — — — — 
All-in Sustaining costs adjusted for non-controlling interests and non-gold producing companies184 185 131 321 
All-in Sustaining costs184 185 131 321 
Non-Sustaining project capital expenditure— — — — — 
Non-sustaining lease payments— — — — — 
Non-sustaining exploration and study costs— — — — — 
Care and maintenance— — — 17 17 
Closure and social responsibility costs not related to current operations— — — — — 
Other provisions— — — — — 
All-in costs184 185 131 22 338 
Adjusted for non-controlling interests and non gold producing companies (1)— — — — — 
All-in costs adjusted for non-controlling interests and non-gold producing companies184 185 131 22 338 
Gold sold - oz (000)135 135 109 — 247 
All-in sustaining cost per unit $/oz1,365 1,365 1,201 — 1,296 
All-in cost per unit $/oz1,366 1,366 1,201 — 1,367 




191

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 20182020
Operations in ContinentalSouth Africa (DRC, Ghana, Guinea, Mali and Tanzania)(Discontinued operations)
(in $ millions, except as otherwise noted)
MponengWest Wits OperationsSurface OperationsSouth Africa otherTotal South Africa (Operations)
Total cash costs
Cost of sales per segmental information(5)
158 158 124 287 
By-product revenue(1)(1)— — (1)
Inventory change(1)(1)(2)(4)(7)
Amortisation of tangible assets— — — — — 
Amortisation of right of use assets— — — — — 
Amortisation of intangible assets— — — — — 
Rehabilitation and other non-cash costs— — — — — 
Retrenchment costs(1)(1)— — (2)
Total cash costs net of by-product revenue155 155 122 — 277 
Adjusted for non-controlling interests, non-gold producing companies— — — — — 
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies155 155 122 — 277 
Gold produced – oz (000)(2)
134 134 107 — 241 
Total cash costs per unit – $/oz(3)
1,164 1,164 1,131 — 1,149 




192

 DRC MaliJoint Ghana GuineaTanzania Continental Africa other
 Subsidiaries
 Kibali
 Morila
 Sadiola
Ventures Iduapriem
 Obuasi
 Siguiri
Geita
  
All-in sustaining costs                 
Cost of sales per segmental information(5)
373
 42
 65
480
 233
 (6) 286
612
 2
 1,127
By-product revenue(1) 
 
(1) 
 
 
(2) 
 (2)
Amortisation of tangible and intangible assets(149) (7) (9)(165) (29) 
 (38)(144) (3) (214)
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
 
 

 
 
 

 
 
Sustaining exploration and study costs
 
 

 1
 
 7
8
 
 16
Total sustaining capital expenditure54
 2
 
56
 43
 
 11
59
 
 113
Amortisation relating to inventory
 
 

 
 
 

 
 
Realised other commodity contracts
 
 

 
 
 

 
 
All-in sustaining costs278
 40
 56
374
 248
 (6) 267
535
 
 1,044
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 

 
 
 (40)
 
 (40)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies278
 40
 56
374
 248
 (6) 227
535
 
 1,004
All-in sustaining costs278
 40
 56
374
 248
 (6) 267
535
 
 1,044
Non-sustaining project capital expenditure10
 
 1
11
 
 48
 85

 
 133
Lease payment non sustaining
 
 

 
 
 

 
 
Technology improvements
 
 

 
 
 

 
 
Non-sustaining exploration and study costs1
 
 
1
 
 1
 10

 
 11
Care and maintenance costs
 
 

 
 39
 

 
 39
Corporate and social responsibility costs not related to current operations
 
 

 
 
 

 
 
Other provisions
 
 

 
 
 

 
 
All-in costs289
 40
 57
386
 248
 82
 362
535
 
 1,227
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 

 
 
 (54)
 
 (54)
All-in costs adjusted for non-controlling interests and non-gold producing companies289
 40
 57
386
 248
 82
 308
535
 
 1,173
Gold sold – oz (000)(2)
370
 30
 58
459
 254
 
 244
568
 
 1,066
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 20182020

Operations in Continental Africa (DRC, Ghana, Guinea, Mali and Tanzania)
(in $ millions, except as otherwise noted)
AFRICAAFRICA
KibaliOtherJoint VenturesIduapriemObuasi RestatedSiguiriGeitaAfrica OtherSubsidiaries Restated
All-in sustaining costs
Cost of sales per segmental information(5)
340 — 340 280 164 377 542 (1)1,362 
By-product revenue(1)— (1)(1)— — (2)— (3)
Cost of sales339 — 339 279 164 377 540 (1)1,359 
Realised other commodity contracts— — — — — — — — — 
Amortisation of tangible, intangible and right of use assets(104)— (104)(74)(11)(41)(124)— (250)
Adjusted for decommissioning and inventory amortisation— — — — 
Corporate administration and marketing expenditure— — — — — — — — — 
Lease payment sustaining— — — — 17 — 17 
Sustaining exploration and study costs— — — — — 10 
Total sustaining capital expenditure52 — 52 60 15 80 163 
All-in sustaining costs296 — 297 269 161 353 522 — 1,304 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — — (53)— — (53)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies296 — 297 269 161 300 522 — 1,251 
All-in sustaining costs296 — 297 269 161 353 522 — 1,304 
Non-sustaining project capital expenditure— — — — 199 15 — 220 
Non-sustaining lease payments— — — — — — — 
Non-sustaining exploration and study costs— — — — 11 
Care and maintenance— — — — — — — — — 
Closure and social responsibility costs not related to current operations— 10 — — — 10 
Other provisions— — — — — — — — — 
All-in costs298 301 271 371 373 533 — 1,546 
Adjusted for non-controlling interests and non-gold producing companies(1)
— — — — — (56)— — (56)
All-in costs adjusted for non-controlling interests and non-gold producing companies298 301 271 371 317 533 — 1,490 
Gold sold – oz (000)(2)
365 — 365 274 120 215 639 — 1,249 
All-in sustaining cost per unit – $/oz(3)
809 — 810 985 1,332 1,397 814 — 1,002 
All-in cost per unit – $/oz(3)
817 — 824 992 3,078 1,476 831 — 1,193 



193

 DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
 Kibali
 Morila
 Sadiola
 Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
  
Total cash costs                   
Cost of sales per segmental information(5)
373
 42
 65
 480
 233
 (6) 286
 612
 2
 1,127
By-product revenue(1) 
 
 (1) 
 
 
 (2) 
 (2)
Inventory change(3) 
 1
 (2) 
 
 (3) (2) 
 (5)
Amortisation of intangible assets
 
 
 
 
 
 
 
 
 
Amortisation of tangible assets(149) (7) (9) (165) (29) 
 (38) (144) (3) (214)
Rehabilitation and other non-cash costs(1) (1) 
 (2) 
 6
 (5) (10) 
 (8)
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)
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)
363
 30
 59
 452
 254
 
 242
 564
 
 1,060
Total cash costs per unit - $/oz(3)
600
 1,145
 938
 680
 804
 
 844
 804
 
 813


For the year ended 31 December 20182020
Operations in Australia and the Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
 Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
Sunrise Dam
 Tropicana
 Australia other
  Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
  
All-in sustaining costs                 
Cost of sales per segmental information(5)
310
 293
 18
 622
 325
 382
 129
 2
 838
By-product revenue
 (2) 
 (2) (111) (17) 
 
 (128)
Amortisation of tangible and intangible assets(51) (92) (6) (149) (50) (99) (42) 
 (192)
Adjusted for decommissioning and inventory amortisation1
 1
 
 2
 (3) (6) (2) (1) (11)
Lease payment sustaining
 
 
 
 
 
 
 
 
Corporate administration and marketing related to current operations
 
 
 
 
 
 
 
 
Inventory writedown to net realisable value and other stockpile adjustments
 
 
 
 
 
 
 
 
Sustaining exploration and study costs7
 5
 
 12
 2
 4
 4
 
 10
Total sustaining capital expenditure79
 74
 2
 154
 36
 96
 35
 9
 176
Amortisation relating to inventory
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 (5) (5)
All-in sustaining costs346
 279
 15
 639
 199
 360
 124
 5
 688
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 
 
 (15) 
 
 (9) (24)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies346
 279
 15
 639
 184
 360
 124
 (4) 664
All-in sustaining costs346
 279
 15
 639
 199
 360
 124
 5
 688
Non-sustaining project capital expenditure
 2
 
 2
 
 
 
 
 
Lease payment non sustaining
 
 
 
 
 
 
 
 
Technology improvements
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs
 
 18
 18
 
 2
 
 34
 36
Care and maintenance
 
 
 
 
 
 
 
 
Corporate and social responsibility costs not related to current operations
 
 
 
 2
 12
 3
 (1) 16
Other provisions
 
 
 
 
 
 
 
 
All-in costs346
 281
 32
 659
 201
 374
 127
 38
 740
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 companies346
 281
 33
 659
 186
 374
 127
 38
 725
Gold sold – oz (000)(2)
283
 332
 
 615
 282
 370
 131
 
 783
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 2018
Operations in Australia and the Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
 Australia 
Total
Australia

 Argentina Brazil Americas other
 Total Americas
 Sunrise Dam
 Tropicana
 Australia other
  Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
  
Total cash costs                 
Cost of sales per segmental information(5)
310
 293
 19
 622
 325
 382
 129
 2
 838
By-product revenue
 (2) 
 (2) (111) (17) 
 
 (128)
Inventory change7
 5
 
 12
 (7) (6) (3) 
 (16)
Amortisation of intangible assets
 
 
 
 
 
 
 
 
Amortisation of tangible assets(51) (92) (6) (149) (50) (99) (42) (1) (192)
Rehabilitation and other non-cash costs
 (5) (1) (6) (10) 4
 2
 
 (4)
Retrenchment costs
 
 
 
 (2) (1) 
 
 (3)
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)

 
 
 
 (11) 
 
 
 (11)
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)
289
 336
 
 625
 282
 364
 130
 
 776
Total cash costs per unit – $/oz(3)
920
 594
 
 762
 476
 723
 660
 
 624

For the year ended 31 December 2018
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)
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 to “Item 18: Financial Statements - Note 2 - Segmental Information”.

Rounding of figures may result in computational discrepancies.



For the year ended 31 December 2017
Corporate and other
(in $ millions, except as otherwise noted)
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 2017
Operations in Continental Africa (DRC, Ghana, Guinea, Mali and Tanzania)
(in $ millions, except as otherwise noted)
 DRC MaliJoint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
 Kibali
 Morila
 Sadiola
Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
  
All-in sustaining costs                  
Cost of sales per segmental information(5)
340
 34
 67
441
 210
 (6) 344
 520
 3
 1,071
By-product revenue(1) 
 
(1) 
 
 
 (1) 
 (2)
Amortisation of tangible and intangible assets(120) (6) (10)(136) (28) 
 (57) (197) (3) (285)
Adjusted for decommissioning and inventory amortisation
 3
 
3
 1
 
 1
 2
 
 4
Lease payment sustaining
 
 

 
 
 
 
 
 
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
Total sustaining capital expenditure77
 2
 6
85
 51
 
 15
 156
 1
 223
Amortisation relating to inventory
 
 

 
 
 
 
 
 
Realised other commodity contracts
 
 

 
 
 
 
 
 
All-in sustaining costs296
 33
 64
393
 234
 (6) 311
 497
 2
 1,037
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 

 
 
 (47) 
 
 (47)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies296
 33
 64
393
 234
 (6) 264
 497
 2
 990
All-in sustaining costs296
 33
 64
393
 234
 (6) 311
 497
 2
 1,037
Non-sustaining project capital expenditure34
 
 1
35
 
 
 67
 
 
 67
Lease payment non sustaining
 
 

 
 
 
 
 
 
Technology improvements
 
 

 
 
 
 
 
 
Non-sustaining exploration and study costs1
 
 
1
 
 1
 
 
 
 1
Care and maintenance costs
 
 

 
 62
 
 
 
 62
Corporate and social responsibility costs not related to current operations
 
 

 
 
 
 
 
 
Other provisions
 
 

 
 
 
 
 
 
All-in costs331
 33
 65
429
 234
 57
 378
 497
 2
 1,167
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 

 
 
 (57) 
 
 (57)
All-in costs adjusted for non-controlling interests and non-gold producing companies331
 33
 65
429
 234
 57
 321
 497
 2
 1,110
Gold sold - oz (000)(2)
272
 27
 63
362
 227
 3
 332
 528
 
 1,090
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 2017
Operations in Continental Africa (DRC, Ghana, Guinea, Mali and Tanzania)
(in $ millions, except as otherwise noted)
 DRC Mali Joint Ghana Guinea Tanzania Continental Africa other
 Subsidiaries
 Kibali
 Morila
 Sadiola
 Ventures Iduapriem
 Obuasi
 Siguiri
 Geita
  
Total cash costs                   
Cost of sales per segmental information(5)
340
 34
 67
 441
 210
 (6) 344
 520
 3
 1,071
By-product revenue(1) 
 
 (1) 
 
 
 (1) 
 (2)
Inventory change(4) 
 1
 (3) 
 
 (7) 13
 1
 6
Amortisation of intangible assets
 
 
 
 (1) 
 
 
 (2) (3)
Amortisation of tangible assets(120) (6) (10) (136) (28) 
 (57) (197) (1) (282)
Rehabilitation and other non-cash costs(5) (1) 
 (6) 6
 7
 (5) (7) 2
 2
Retrenchment costs
 
 
 
 
 
 
 
 
 
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)

 
 
 
 
 
 (41) 
 
 (41)
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)
268
 28
 63
 360
 228
 3
 323
 539
 
 1,093
Total cash costs per unit - $/oz(3)
784
 974
 900
 819
 823
 
 725
 608
 
 688

For the year ended 31 December 2017
Operations in Australia and the Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
 Australia TOTAL AUSTRALIA
 Argentina Brazil Americas other
 Total Americas
 Sunrise Dam
 Tropicana
 Australia other
  Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
  
All-in sustaining costs                 
Cost of sales per segmental information(5)
260
 276
 15
 551
 385
 447
 153
 3
 987
By-product revenue
 (2) 
 (2) (117) (18) 
 
 (135)
Amortisation of tangible and intangible assets(34) (89) (7) (130) (83) (140) (50) 
 (273)
Adjusted for decommissioning and inventory amortisation
 1
 
 1
 1
 (1) 
 
 
Lease payment sustaining
 
 
 
 
 
 
 
 
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
Total sustaining capital expenditure62
 91
 
 153
 56
 134
 38
 4
 232
Amortisation relating to inventory
 
 
 
 
 
 
 
 
Realised other commodity contracts
 
 
 
 
 
 
 
 
All-in sustaining costs290
 284
 14
 588
 245
 431
 147
 14
 836
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 8
 8
 (18) 
 
 (11) (29)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies290
 284
 22
 596
 227
 431
 147
 3
 807
All-in sustaining costs290
 284
 14
 588
 245
 431
 147
 14
 836
Non-sustaining project capital expenditure
 
 
 
 
 2
 
 
 2
Lease payment non sustaining
 
 
 
 
 
 
 
 
Technology improvements
 
 
 
 
 
 
 
 
Non-sustaining exploration and study costs
 
 10
 10
 2
 7
 
 28
 37
Care and maintenance
 
 
 
 
 
 
 
 
Corporate and social responsibility costs not related to current operations
 
 
 
 
 12
 2
 1
 15
Other provisions
 
 
 
 
 
 
 
 
All-in costs290
 284
 24
 598
 247
 452
 149
 42
 890
Adjusted for non-controlling interests and non -gold producing companies(1)

 
 8
 8
 (19) 
 
 (1) (19)
All-in costs adjusted for non-controlling interests and non-gold producing companies290
 284
 32
 606
 228
 452
 149
 42
 871
Gold sold - oz (000)(2)
241
 321
 
 562
 293
 428
 133
 
 854
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 2017
Operations in Australia and the Americas (Argentina and Brazil)
(in $ millions, except as otherwise noted)
 Australia TOTAL AUSTRALIA
 Argentina Brazil Americas other
 Total America
 Sunrise Dam
 Tropicana
 Australia other
  Cerro Vanguardia
 
AngloGold Ashanti
Mineração

 Serra Grande
  
Total cash costs                 
Cost of sales per segmental information(5)
260
 276
 15
 551
 385
 447
 153
 3
 987
By-product revenue
 (2) 
 (2) (117) (18) 
 
 (135)
Inventory change(2) (2) 
 (4) (12) (3) 
 
 (15)
Amortisation of intangible assets
 
 
 
 
 (1) 
 
 (1)
Amortisation of tangible assets(34) (89) (7) (130) (83) (139) (50) 
 (272)
Rehabilitation and other non-cash costs(5) (2) (2) (9) (11) 
 
 
 (11)
Retrenchment costs
 
 
 
 (2) (3) (1) 
 (5)
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)

 
 8
 8
 (12) 
 
 
 (12)
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)
238
 322
 
 559
 283
 424
 133
 
 840
Total cash costs per unit - $/oz(3)
919
 564
 
 743
 522
 671
 764
 
 638

For the year ended 31 December 2017
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)
441
2,607
By-product revenue(1)(139)
Amortisation of tangible and intangible assets(136)(691)
Adjusted for decommissioning and inventory amortisation3
4
Lease payment sustaining

Corporate administration and marketing related to current operations
64
Inventory writedown to net realisable value and other stockpile adjustments
2
Sustaining exploration and study costs1
51
Total sustaining capital expenditure85
610
Amortisation relating to inventory

Realised other commodity contracts

All-in sustaining costs393
2,508
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 companies393
2,445
All-in sustaining costs393
2,508
Non-sustaining project capital expenditure35
69
Lease payment non sustaining

Technology improvements

Non-sustaining exploration and study costs1
62
Care and maintenance costs
62
Care and maintenance costs, Corporate and social responsibility costs not related to current operations
23
Other provisions
3
All-in costs429
2,724
Adjusted for non-controlling interests and non-gold producing companies(1)

(63)
All-in costs adjusted for non-controlling interests and non-gold producing companies429
2,660
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 2017
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)

AFRICAAFRICA
KibaliOtherJoint VenturesIduapriemObuasi RestatedSiguiriGeitaAfrica otherSubsidiaries Restated
Total cash costs
Cost of sales per segmental information(5)
340 — 340 280 164 377 542 (1)1,362 
By-product revenue(1)— (1)(1)— — (2)— (3)
Inventory change(1)— (1)16 (1)(12)— 
Amortisation of tangible assets(101)— (101)(74)(11)(40)(108)— (232)
Amortisation of right of use assets(3)— (3)— — (1)(16)— (17)
Amortisation of intangible assets— — — — — — — — — 
Rehabilitation and other non-cash costs(4)— (4)(6)(2)(9)(5)— (22)
Retrenchment costs— — — — — — — — — 
Total cash costs net of by-product revenue230 — 230 200 166 326 399 (1)1,092 
Adjusted for non-controlling interests non-gold producing companies and other(1)
— — — — — (49)— — (49)
Total cash costs adjusted for non-controlling interests and non-gold producing companies and other230 — 230 200 166 277 399 (1)1,043 
Gold produced - oz (000)(2)
364 — 364 275 127 215 623 — 1,239 
Total cash costs per unit - $/oz(3)
6290629731130712936410841





194

 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)

 
 
 287
 287
 189
 3
 479
By-product revenue
 
 
 
 
 
 
 (1)
Inventory change
 
 
 3
 3
 (1) 
 2
Amortisation of intangible assets
 
 
 
 
 
 
 
Amortisation of tangible and intangible assets
 
 
 (47) (47) (13) (1) (61)
Rehabilitation and other non-cash costs
 
 
 (2) (2) (2) (2) (6)
Retrenchment costs
 
 
 (2) (2) 
 
 (2)
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 20192020
Operations in South AfricaAustralia, America and Projects
(in $ millions, except as otherwise noted)
AUSTRALIAAMERICAS
PROJECTS (6) Restated
Sunrise DamTropicanaAustralia otherTotal AustraliaCerro VanguardiaAngloGold Ashanti
Mineração
Serra GrandeAmericas other RestatedTotal Americas
All-in sustaining costs
Cost of sales per segmental information(5)
342 338 25 705 269 391 102 764 — 
By-product revenue(1)(2)— (3)(82)(17)— — (99)— 
Cost of sales341 336 25 702 187 374 102 665 — 
Realised other commodity contracts— — — — — — — — — — 
Amortisation of tangible, intangible and right of use assets(64)(94)(2)(160)(26)(109)(27)(1)(163)— 
Adjusted for decommissioning and inventory amortisation— (7)— — (4)— 
Corporate administration and marketing expenditure— — — — — — — — — — 
Lease payment sustaining11 10 22 — — 10 — 
Sustaining exploration and study costs— — — — — 
Total sustaining capital expenditure50 64  114 31 103 33  167  
All-in sustaining costs340 318 24 682 187 381 110 679 — 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — (14)— — — (14)— 
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies340 318 24 682 173 381 110 665 — 
All-in sustaining costs340 318 24 682 187 381 110 1 679  
Non-sustaining project capital expenditure25 — 28 — — — — — 49 
Non-sustaining lease payments— — — — — — — — — — 
Non-sustaining exploration and study costs22 17 44 — 10 47 
Care and maintenance— — — — — — — — — — 
Closure and social responsibility costs not related to current operations— — — — — — 10 — 
Other provisions— — — — — — — — — — 
All-in costs365 348 41 754 188 395 115 699 96 
Adjusted for non-controlling interests and non -gold producing companies(1)
— — — — (14)— — — (14)— 
All-in costs adjusted for non-controlling interests and non-gold producing companies365 348 41 754 174 395 115 685 96 
Gold sold – oz (000)(2)
258 299 — 557 186 364 114 — 664 — 
All-in sustaining cost per unit – $/oz(3)
1,320 1,061 — 1,225 931 1,050 953 — 1,003 — 
All-in cost per unit – $/oz(3)
1,417 1,164 — 1,356 934 1,091 997 — 1,032 — 



195


For the year ended 31 December 2020
Operations in Australia, America and Projects
(in $ millions, except as otherwise noted)
AUSTRALIAAMERICAS
Sunrise DamTropicanaAustralia otherTotal AustraliaCerro VanguardiaAngloGold Ashanti
Mineração
Serra GrandeAmericas otherTotal Americas
Total cash costs
Cost of sales per segmental information(5)
342 338 25 705 269 391 102 764 
By-product revenue(1)(2)— (3)(82)(17)— — (99)
Inventory change(1)(1)— (2)(16)— — (16)
Amortisation of tangible assets(54)(86)— (141)(26)(100)(25)— (151)
Amortisation of right of use assets(10)(8)(1)(18)— (8)(2)(1)(11)
Amortisation of intangible assets— — (1)(1)— (1)— — (1)
Rehabilitation and other non-cash costs(2)(1)(1)(4)(13)(1)(6)
Retrenchment costs— — — — — (1)— — (2)
Total cash costs net of by-product revenue274 240 22 536 132 269 77 — 478 
Adjusted for non-controlling interests, non-gold producing companies and other(1)
— — — — (10)— — — (10)
Total cash costs net of by-product revenue adjusted for non-controlling interests and non-gold producing companies274 240 22 536 122 269 77 — 468 
Gold produced – oz (000)(2)
256 298 — 554 173 362 114 — 649 
Total cash costs per unit – $/oz(3)
1,069 807 — 968 699 747 665 — 721 



196


For the year ended 31 December 2020
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
JOINT VENTURESSUBSIDIARIES EXCLUDING
DISCONTINUED OPERATIONS RESTATED
All-in sustaining costs
Cost of sales per segmental information(5)
340 2,829 
By-product revenue(1)(105)
Cost of sales339 2,724 
Realised other commodity contracts— 
Amortisation of tangible, intangible and right of use assets(104)(575)
Adjusted for decommissioning and inventory amortisation
Corporate administration and marketing expenditure— 67 
Lease payment sustaining52 
Sustaining exploration and study costs— 15 
Total sustaining capital expenditure52 445 
All-in sustaining costs297 2,740 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (67)
All-in sustaining costs adjusted for non-controlling interests and non-gold producing companies297 2,672 
All-in sustaining costs297 2,740 
Non-sustaining project capital expenditure— 298 
Non-sustaining lease payments— 
Non-sustaining exploration and study costs— 112 
Care and maintenance— — 
Closure and social responsibility costs not related to current operations29 
Other provisions— — 
All-in costs301 3,179 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (70)
All-in costs adjusted for non-controlling interests and non-gold producing companies301 3,109 
Gold sold – oz (000)(2)
365 2,470 
All-in sustaining cost per unit – $/oz(3)
810 1,082 
All-in cost per unit – $/oz(3)
824 1,259 



197


For the year ended 31 December 2020
AngloGold Ashanti operations – Total
(in $ millions, except as otherwise noted)
JOINT VENTURESSUBSIDIARIES EXCLUDING
DISCONTINUED OPERATIONS RESTATED
Total cash costs
Cost of sales per segmental information(5)
340 2,829 
By-product revenue(1)(105)
Inventory change(1)(16)
Amortisation of tangible assets(101)(526)
Amortisation of right of use assets(3)(47)
Amortisation of intangible assets— (3)
Rehabilitation and other non-cash costs(4)(32)
Retrenchment costs— (2)
Total cash costs net of by-product revenue230 2,101 
Adjusted for non-controlling interests and non-gold producing companies(1)
— (59)
Total cash costs net of by-product revenue adjusted for non-controlling interests and
non-gold producing companies
230 2,042 
Gold produced – oz (000)(2)
364 2,442 
Total cash costs (adjusted) per unit – $/oz(3)
629 836 





198
  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.

5B.    LIQUIDITY AND CAPITAL RESOURCES

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’sCompany’s present requirements.


Comparison of cash flows in 2022 with 2021

Cash flows from operating activities

Comparison of operating activities in 2019 with 2018


Cash flows from operating activities were $958increased by $536 million, or 42 percent, from $1,268 million in 2019, $1022021 to $1,804 million or 12 percent, higher than the 2018 amount of $856 million.in 2022. The increase in cash flows generated by operationsfrom operating activities was mainly due to an increase in revenuedividends received from gold sales due tojoint ventures, an increase in thereceipts from customers as a result of an increase in gold price received partiallyproduction, as well as lower taxation paid due to lower profit before taxation in Australia, Brazil, Argentina and Tanzania. This increase was partly offset by an increase in payments to suppliers and employees as a result of higher production costs, and a decrease in dividends received from joint ventures.unfavourable working capital movements.


Net cash outflow from operating working capital items amounted to $165$137 million in 2019,2022, compared with an outflowinflow of $122$53 million in 2018.2021. The outflow from operating working capital in 2022 mainly related to an increase in inventories and an increase in trade, other receivables and other assets, partly offset by an increase in trade, other payables and provisions.


Comparison of operating activities in 2018 with 2017

Cash flows from operating activities were $856also impacted by movements in the lock-up of value added tax (“VAT”) at Geita in Tanzania as well as foreign exchange controls and export duties at Cerro Vanguardia in Argentina. In Tanzania, net overdue recoverable VAT input credit refunds (after discounting provisions) increased by $11 million, or eight percent, from $142 million in 2018, $572021 to $153 million in 2022, as a result of new claims submitted to the Tanzania Revenue Authority (“TRA”) during 2022 and despite offsetting verified VAT claims of $45 million against corporate tax payments in 2022. AngloGold Ashanti expects to continue offsetting verified VAT claims against corporate taxes. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa—Tanzania”. In Argentina, the net export duty receivables (after discounting provisions) decreased by $10 million, or six53 percent, lower thanfrom $19 million at 31 December 2021 to $9 million at 31 December 2022. In addition, Cerro Vanguardia’s cash balance decreased by $23 million (equivalent), or 17 percent, from $139 million (equivalent) at 31 December 2021 to $116 million (equivalent) at 31 December 2022. While the 2017 amountapprovals of $913the Argentinean Central Bank to purchase US dollars to distribute offshore dividends to AngloGold Ashanti are pending, the cash remains fully available for Cerro Vanguardia’s operational and exploration requirements. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Argentina”.

Dividends received from joint ventures increased by $463 million, or 200 percent, from $231 million in 2021 to $694 million in 2022. In this connection, cash flows from operating activities were impacted by the level of cash repatriation from, and movements in the VAT lock-up at, the Kibali joint venture in the DRC. During 2022, AngloGold Ashanti’s cumulative cash receipts from the Kibali joint venture, in the form of dividends from Kibali (Jersey) Limited, amounted to $694 million. Kibali (Jersey) Limited received such cash from Kibali Goldmines S.A. in the form of loan repayments (net of bank fees) (AngloGold Ashanti’s attributable share: $658 million) and dividends (net of withholding taxes) (AngloGold Ashanti’s attributable share: $36 million). AngloGold Ashanti’s attributable share of the outstanding cash balances awaiting repatriation from the DRC decreased by $459 million, or 92 percent, from $499 million at 31 December 2021 to $40 million at 31 December 2022. The cash is fully available for the operational requirements of Kibali Goldmines S.A. In addition, Kibali Goldmines S.A. is due certain refunds of VAT which, to date, remain outstanding. During 2022, AngloGold Ashanti did not recover any VAT offsets and refunds from its operations in the DRC. AngloGold Ashanti’s attributable share of the net recoverable VAT balance (including recoverable fuel duty and after discounting provisions) owed to AngloGold Ashanti by the DRC government increased by $13 million, or 18 percent, from $73 million at 31 December 2021 to $86 million at 31 December 2022. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa—Democratic Republic of the Congo (DRC)”.

Net taxation paid decreased by $182 million, or 58 percent, from $316 million in 2021 to $134 million in 2022. The decrease in cash flows generated by operationsnet taxation paid was mainly due to a decreaselower profit before taxation in revenue from gold sales due to a decrease in gold sold partially offset by an increase in the gold price received.Australia, Brazil, Argentina and Tanzania.

Net cash outflow from operating working capital items amounted to $122 million in 2018, compared with an outflow of $137 million in 2017.


Cash flows from investing activities

Comparison of investing activities in 2019 with 2018


Cash flows from investing activities amounted to a net outflow of $683$1,461 million in 2019, $1222022, $521 million, or 2255 percent, higher than 2018an outflow of $561 million.$940 million in 2021. The increase in outflow from investing activities was largely due to an increasethe acquisition of assets of $517 million during 2022 and movements in capital expenditure by $128 million, or 22 percent, from $575 million in 2018 to $703 million in 2019. The capital expenditure increase was largely due to increased expenditure of $198 million on the Obuasi redevelopment projectcash restricted for use, partly offset by lower project capital expenditure at Siquirihigher interest received in Argentina due to higher cash and cash equivalent balances in 2022. The acquisition of $78 million with commissioningassets mainly consists of the CIL combination plantCompany’s acquisition of Corvus Gold Inc. (“Corvus Gold”) and Coeur Sterling, Inc. (“Coeur Sterling”) during 2019.

Comparison2022. On 18 January 2022, the Company completed its acquisition of investing activities in 2018 with 2017

Cashflows from investing activitiesall of the outstanding stock of Corvus Gold (not already owned by AngloGold Ashanti). The cash consideration paid, including transaction costs, amounted to a net outflow$365 million. On 4 November 2022, the Company completed its acquisition of $561 million in 2018, $150 million or 21 percent, lower than 2017 outflowall of $711the outstanding stock of Coeur Sterling, Inc. (a subsidiary of Coeur Mining, Inc.). The cash consideration paid, including transaction costs, amounted to $152 million.  The decrease included $98 million decrease stay-in-business capital at Geita with higher 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 $21 million and loans repaid by associates and joint ventures of $22 million.








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Cash flows from financing activities

Comparison of financing activities in 2019 with 2018


Cash flows from financing activities in the year ended 31 December 20192022 amounted to a net outflow of $177$323 million, which is a change of $216$133 million from an outflow of $393$456 million in the year ended 31 December 2018. Proceeds2021. The decrease in outflow was mainly due to lower net repayment of borrowings, finance costs and dividends paid, partly offset by an increase in repayment of lease liabilities.

Cash inflows from proceeds from borrowings in 2019 decreased by $585$556 million from $753$822 million in 20182021 to $168$266 million in 2019. This decrease included a $212022. In 2021, AngloGold Ashanti Holdings plc issued, at the end of October 2021, the $750 million drawdown2028 notes (as defined below). In 2022, AngloGold Ashanti drew the remaining undrawn commitments under the $150 million 2021 Geita RCF (as defined below), fully drew on the $65 million 2022 Siguiri RCF (as defined below) and partially drew on the $1.4 billion syndicated revolving credit facility, $130 million in proceeds from the local borrowings facilities in South Africa and proceeds from other small loans amounting to $17 million.2022 multi-currency RCF (as defined below).


Cash outflows from repayment of borrowings decreased by $844$636 million from $967 during$820 million in 2021 to $184 million in 2022. In 2021, AngloGold Ashanti Holdings plc repurchased the year ended 31 December$750 million 2022 notes (as defined below) by way of a tender offer in October 2021 followed by a redemption in November 2021. In 2022, AngloGold Ashanti repaid $95 million under, and cancelled, the $1.4 billion 2018 to $123multi-currency RCF (as defined below) and repaid $35 million duringunder, and cancelled, the year ended 31 December 2019. This decrease included the repayment of $122$65 million of the local borrowing facilities in South Africa and $1 million relating to other loans.2016 Siguiri RCF (as defined below).


Finance costs paid increaseddecreased by $7$11 million from $130$120 million in 20182021 to $137$109 million in 2019.2022. The increasedecrease was mainly due to a combination of increased borrowings and lease liabilities and fluctuatinglower 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 millionthe 2028 notes issued in 2021, compared to the 2022 notes which were repurchased and Corporate of $1 million.redeemed in 2021.


Bond settlement premium, RCF and bond transactionOther borrowing costs decreased by $10$24 million to nil in 2019 from $10$35 million in 2018.2021 to $11 million in 2022. The decrease was dueother borrowing costs paid in 2021 were for the underwriting fees for the issuance of the 2028 notes as well as the tender offer premium and redemption premium costs of the 2022 notes. The other borrowing costs paid in 2022 mainly related to the absence of new transaction costs of the new $1.4 billion 2022 multi-currency RCF.

Dividends paid decreased by $37 million from $240 million in 2019.


2021 to $203 million in 2022. Dividends paid to non-controlling interests increased by $4$6 million from $39$16 million in 20182021 to $43$22 million in 2019 and2022. These dividends were all paid by our non-wholly owned subsidiaries.subsidiaries CVSA and Siguiri to their respective non-AGA related shareholders. During 2019,2022, the companyCompany declared and paid a dividend of $27$181 million to its shareholders, compared to $24$224 million in 2018.2021.


Comparison of cash flows in 2021 with 2020

Cash flows from operating activities

Cash flows from operating activities from continuing operations decreased by $315 million, or 20 percent, from $1,583 million in 2020 to $1,268 million in 2021. The decrease in cash flows from continuing operations was mainly due to a decrease in receipts from customers as a result of a decrease in gold production and an increase in payments to suppliers and employees as a result of higher production costs. This decrease was partly offset by lower taxation paid due to lower profit before tax, an increase in dividends received from joint ventures and favourable working capital movements.

Net cash inflow from operating working capital items amounted to $53 million in 2021, compared with an outflow of $238 million in 2020. The inflow from operating working capital in 2021 mainly related to a decrease in inventories and an increase in trade, other payables and provisions, partly offset by a decrease in trade, other receivables and other assets.

Cash flows from operating activities were also impacted by movements in the lock-up of value added tax (“VAT”) at Geita in Tanzania as well as foreign exchange controls and export duties at Cerro Vanguardia in Argentina. In Tanzania, net overdue recoverable VAT input credit refunds (after discounting provisions) increased by $3 million, or two percent, from $139 million in 2020 to $142 million in 2021, as a result of new claims submitted to the Tanzania Revenue Authority (“TRA”) during 2021 and despite offsetting verified VAT claims of $54 million against corporate tax payments in 2021. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa—Tanzania”. In Argentina, the net export duty receivables (after discounting provisions) decreased by $4 million, or 17 percent, from $23 million at 31 December 2020 to $19 million at 31 December 2021. In addition, Cerro Vanguardia’s cash balance increased by $2 million (equivalent), or one percent, from $137 million (equivalent) at 31 December 2020 to $139 million (equivalent) at 31 December 2021. While the approval of the Argentinean Central Bank to purchase US dollars to distribute an offshore dividend to AngloGold Ashanti is pending, the cash remains fully available for Cerro Vanguardia’s operational requirements. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Americas—Argentina”.

Dividends received from joint ventures increased by $83 million, or 56 percent, from $148 million in 2020 to $231 million in 2021. In this connection, cash flows from operating activities were impacted by the level of cash repatriation from, and movements in the VAT lock-up at, the Kibali joint venture in the DRC. During 2021, AngloGold Ashanti’s cumulative cash receipts from the Kibali joint venture, in the form of dividends from Kibali (Jersey) Limited, amounted to $231 million. Kibali (Jersey) Limited received such cash from Kibali Goldmines S.A. in the form of loan repayments (net of bank fees) (AngloGold Ashanti’s attributable share: $150 million) and dividends (net of withholding taxes) (AngloGold Ashanti’s attributable share: $81 million). AngloGold Ashanti’s



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attributable share of the outstanding cash balances awaiting repatriation from the DRC increased by $75 million, or 18 percent, from $424 million at 31 December 2020 to $499 million at 31 December 2021. The cash is fully available for the operational requirements of Kibali Goldmines S.A. In addition, Kibali Goldmines S.A. is due certain refunds of VAT which, to date, remain outstanding. During 2021, AngloGold Ashanti did not recover any VAT offsets and refunds from its operations in the DRC. AngloGold Ashanti’s attributable share of the net recoverable VAT balance (including recoverable fuel duty and after discounting provisions) owed to AngloGold Ashanti by the DRC government increased by $4 million, or six percent, from $69 million at 31 December 2020 to $73 million at 31 December 2021. See “Item 4B: Business Overview—The Regulatory Environment Enabling AngloGold Ashanti to Mine—Africa—Democratic Republic of the Congo (DRC)”.

Net taxation paid decreased by $115 million, or 27 percent, from $431 million in 2020 to $316 million in 2021. The decrease in net taxation paid was mainly due to lower profit before taxation in Ghana, Australia, Brazil, Argentina and Tanzania.

Cash flows from operating activities from discontinued operations were nil in 2021, compared to a net cash inflow of $109 million in 2020.

Cash flows from investing activities

Cash flows from investing activities from continuing operations amounted to a net outflow of $940 million in 2021, $454 million, or 93 percent, higher than 2020 outflow of $486 million. The increase in outflow from continuing operations was largely due to higher capital expenditure of $288 million, or 39 percent, from $739 million in 2020 to $1,027 million in 2021, mainly due to increased conversion of Mineral Reserve, waste stripping at open pit mines and improved rates of underground development, and the transition of our TSFs in Brazil to dry-stacked structures to comply with new legal requirements, as well as proceeds from the disposals in 2020 of the South African assets of $200 million and certain joint ventures (Sadiola and Morila) of $26 million not being repeated in 2021. The increase in outflows was partly offset by the disposal of certain assets in Brazil and higher interest receipts in Argentina due to higher cash and cash equivalent balances in 2021.

Cash flows from investing activities from discontinued operations were nil in 2021, compared to a net cash outflow of $31 million in 2020.

Cash flows from financing activities in 2018 with 2017


Cash flows from financing activities from continuing operations in the year ended 31 December 20182021 amounted to a net outflow of $393$456 million, which is a change of $245$127 million from an outflow of $148$329 million in the year ended 31 December 2017. 2020. The increase in outflow was mainly due to an increase in dividends paid, partly offset by lower net repayment of borrowings.

Cash inflows from proceeds from borrowings decreased by $62$1,404 million from $815$2,226 million in 20172020 to $753$822 million in 2018. This decrease included a $45 million drawdown2021. In 2020, AngloGold Ashanti fully drew on the $1.0$1.4 billion syndicated revolving credit facility, $1582018 multi-currency RCF in March 2020 and AngloGold Ashanti Holdings plc issued, at the start of October 2020, the $700 million drawdown on2030 notes (as defined below). In 2021, AngloGold Ashanti Holdings plc issued, at the A$500end of October 2021, the $750 million syndicated revolving credit facility, $407 million in proceeds from the local borrowings facilities in South Africa and proceeds from other small loans amounting to $143 million.2028 notes.


Cash outflows from repayment of borrowings increaseddecreased by $200$1,490 million from $767 during$2,310 million in 2020 to $820 million in 2021. In 2020, AngloGold Ashanti Holdings plc repaid, at maturity in April 2020, the year ended 31 December 2017 to $967$700 million during2020 notes (as defined below) and AngloGold Ashanti repaid the year ended 31 December 2018. This increase includedfully drawn $1.4 billion 2018 multi-currency RCF in October 2020. In 2021, AngloGold Ashanti Holdings plc repurchased the repayment$750 million 2022 notes by way of $80 million of the $1.0 billion syndicated revolving credit facility, $571 million of the local borrowing facilitiesa tender offer in South Africa, $315 million of the A$500 million syndicated revolving credit facility and $1 million relating to other loans.October 2021 followed by a redemption in November 2021.

Finance costs paid decreasedincreased by $8$2 million from $138$118 million in 20172020 to $130$120 million in 2018.2021. The decreaseincrease was mainly due to a combination of decreased borrowingslower interest capitalised against the Obuasi redevelopment project and fluctuating interest rates for Corporate (non-gold producing subsidiaries) of $3 million, Australia of $3 million, AngloGold Ashanti Holdings plc of $1 million and Córrego do Sítio of $1 million.higher lease liabilities.


Bond settlement premium, RCF and bond transactionOther borrowing costs increased by $10$2 million to $10from $33 million in 2018 from nil2020 to $35 million in 2017.2021. The increase was due to transactionother borrowing costs paid in 2020 included the costs of AngloGold Ashanti’s $1.0 billion standby credit facility and the underwriting fees for the new $1.4 billion multi-currency RCF.issuance of the 2030 notes. The other borrowing costs paid in 2021 were for the underwriting fees for the issuance of the 2028 notes as well as the tender offer premium and redemption premium costs of the 2022 notes.


Dividends paid increased by $193 million from $47 million in 2020 to $240 million in 2021. Dividends paid to non-controlling interests decreasedincreased by $19$7 million from $58$9 million in 20172020 to $39$16 million in 2018 and2021. These dividends were all paid by our non-wholly owned subsidiaries.subsidiaries CVSA and Siguiri to their respective non-AGA related shareholders. During 2018,2021, the companyCompany declared and paid a dividend of $24$224 million to its shareholders, compared to $39$38 million in 2017.2020.


Cash flows from financing activities from discontinued operations were nil in 2020 and 2021.





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Liquidity


Sources of liquidity


To service the capital commitments and other operational requirements, AngloGold Ashanti is dependent on existing cash resources, cash generated from operations and borrowings (in the form of bonds and credit facilities).

AngloGold Ashanti intends to finance its capital expenditure, capital lease obligations, other purchase obligations, environmental rehabilitation expenditures and debt repayment requirements in 2023 from cash on hand, cash flow from operations, existing credit facilities and, potentially, if deemed appropriate, long-term debt financing and the issuance of equity and equity-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, privately negotiated transactions, tender offers or other means.

Cash and cash equivalents

AngloGold Ashanti’s cash and cash equivalents decreased by $48 million, or four percent, from $1.154 billion at 31 December 2021 to $1.106 billion at 31 December 2022. At 31 December 2022, 78 percent of the Company’s cash and cash equivalents were held in US dollars, three percent in Australian dollars, eight percent in South African rands, ten percent in Argentinean pesos and one percent in other currencies. Amounts are converted to US dollars at exchange rates as of 31 December 2022.

Cash generated from operations

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. For example, in accordance with the rules and regulations of the Central Bank of Argentina, cash generated by our Argentinean operations is held in Argentinean peso and is subject to monetary and exchange policy controls. In addition, distributions from joint ventures are subject to relevant board approvals. 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’sCompany’s operations and the cash flows generated by these operations.


AngloGold Ashanti’s cashBorrowings

The credit facilities contain financial covenants and cash equivalents increasedother similar undertakings. To the extent that external borrowings are required, the Company’s covenant performance indicates that existing financing facilities will be available to $456 million at 31 December 2019 compared with $329 million at 31 December 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 2019, 80 percentmeet the above commitments. To the extent that any of the company’s cash and cash equivalents were heldfinancing facilities mature in US dollars, six percentthe near future, the Company believes that sufficient measures are in Australian dollars, three percentplace to ensure that these facilities can be refinanced.

A full analysis of the borrowings as presented on the statement of financial position is included in South African rands and 11 percent in other currencies.“Item 18: Financial Statements—Note 24—Borrowings”.


Bonds

During April 2010, AngloGold Ashanti Holdings plc issued two rated bonds, fully and unconditionally guaranteed by AngloGold Ashanti Limited. The issuance consisted of a 10-year ($700 million) bond with a semi-annual coupon of 5.375% per annum (the “2020 notes”) was repaid at maturity in April 2020 and ais no longer outstanding. The 30-year ($300 million) bond with a semi-annual coupon of 6.50% per annum. Unless the company redeems the bonds earlier, the bondsannum (the “2040 notes”) will mature on 15 April 2040, unless the Company redeems the bond earlier. See also “Item 10C: Material Contracts—Notes—2020 Notes and 15 April 2040 respectively.Notes”.


During July 2012, AngloGold 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 bonds arebond, fully and unconditionally guaranteed by AngloGold Ashanti Limited. The 10-year ($750 million) bond with a semi-annual coupon of 5.125% per annum (the “2022 notes”) was repurchased in part in October 2021 with the remainder redeemed in November 2021 and is no longer outstanding. See also “Item 10C: Material Contracts—Notes—2022 Notes”.


During July 2015,October 2020, AngloGold Ashanti Limited, as borrower, entered intoHoldings plc issued a five-year unsecured syndicated revolving credit facility (ZAR RCF 1.4 billion)rated bond, fully and unconditionally guaranteed by AngloGold Ashanti Limited. The 10-year ($700 million) bond with a semi-annual coupon of R1.4 billion about $100 million3.750% per annum (the “2030 notes”) will mature on 1 October 2030, unless the Company redeems the bond earlier. See also “Item 10C: Material Contracts—Notes—2030 Notes”.

During October 2021, AngloGold Ashanti Holdings plc issued a rated bond, fully and unconditionally guaranteed by AngloGold Ashanti Limited. The 7-year ($750 million) bond with Nedbank Limited, as facility agent, who in conjunction with ABSA Bank Limited constitutea semi-annual coupon of 3.375% per annum (the “2028 notes”) will mature on 1 November 2028, unless the lenders. Amounts may be repaid and re-borrowed underCompany redeems the facility during its five-year term and the facility bears interest at JIBAR plus 1.65% per annum. This ZAR RCF 1.4 billion facility, as well as the ZAR RCF 1 billion and ZAR RCF 2.5 billionbond earlier. See also “Item 10C: Material Contracts—Notes—2028 Notes”.




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Credit 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 November 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$65 million with Nedbank Limited, as underwriterlender (the “2016 Siguiri RCF”). In February 2019, the 2016 Siguiri RCF was renewed for a further three years. The interest rate charged was LIBOR plus 8.50%. In April 2022, the 2016 Siguiri RCF, which was due to mature in May 2022, was extended for a further three months and agent,the interest rate was amended to a fixed rate plus 8.50%. On 3 August 2022, the 2016 Siguiri RCF was repaid 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.cancelled.


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)(the “2018 multi-currency RCF”) with the Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The loan consistsconsisted of (i) a US dollar based facility with interest charged at a margin of 1.45% above LIBOR and (ii) an Australian dollar based facility capped at A$500 million with interest charged at a margin of 1.45% above BBSY. The applicable margin was subject to a ratings grid. In this regard, the interest margin reduced if the Group’s credit rating improved from its current BB+/Baa3 status and increased if its credit rating worsened. The A$500 million portion of the 2018 multi-currency RCF was 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. On 9 June 2022, the 2018 multi-currency RCF was repaid and cancelled.

During December 2021, Geita Gold Mining Limited, as borrower, entered into a three-year unsecured multi-currency revolving credit facility of $150 million with Nedbank Limited, as underwriter and agent, and certain financial institutions party thereto, as original banks (the “2021 Geita RCF”). The 2021 Geita RCF consisted of a Tanzanian shilling component capped at the equivalent of $87 million bearing interest at 12.5% and a US dollar component bearing interest at LIBOR plus 6.7%. On 27 February 2023, the 2021 Geita RCF was amended to, among other matters, increase its size to $277 million and change the reference rate to Term SOFR. The amended 2021 Geita RCF consists of a Tanzanian shilling component capped at the equivalent of $148 million bearing interest at 12.5% and a US dollar component of $129 million bearing interest at Term SOFR plus 6.7%. The 2021 Geita RCF will mature during August 2024 or December 2024 depending on the fulfilment of certain conditions in the facility agreement. As of 31 December 2022, the 2021 Geita RCF was fully drawn at $150 million.

AngloGold Ashanti Limited, as borrower, seeks to renew its corporate overnight facility of ZAR 150 million (the “RMB corporate overnight facility”) with FirstRand Bank Limited on an annual basis. During October 2021, the RMB corporate overnight facility was reduced from ZAR 500 million to ZAR 150 million. As of 31 December 2022, the ZAR 150 million RMB corporate overnight facility was undrawn.

On 9 June 2022, AngloGold Ashanti Holdings plc and AngloGold Ashanti Australia Limited, as borrowers, entered into a new five-year unsecured multi-currency syndicated revolving credit facility of $1.4 billion (the “2022 multi-currency RCF”) with the Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The 2022 multi-currency RCF refinanced the 2018 multi-currency RCF. The loan consists of (i) a US dollar based facility with interest charged at a margin of 1.45% above Compounded SOFR adjusted for CAS and (ii) 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 shouldif the group’sGroup’s credit rating improveimproves from its current BB+/Baa3 status and shouldwill increase if its credit rating worsens. The A$500 million portion of this facilitythe 2022 multi-currency RCF will be used to fund the working capital and development costs associated with the group'sGroup’s mining operations within Australia without eroding the group'sGroup’s headroom under its other facilities and exposing the groupGroup to foreign exchange gains/losses each quarter. ThisThe 2022 multi-currency RCF will mature on 9 June 2027, with the option, upon application, to be extended by two years. As of 31 December 2022, the equivalent of $1,362 million was undrawn under the 2022 multi-currency RCF (with the equivalent of $37 million being drawn under the AUD portion). See also “Item 10C: Material Contracts—Multi-currency Revolving Credit Facility”.

On 13 October 2022, Société AngloGold Ashanti de Guinée S.A., as borrower, entered into a three-year unsecured revolving credit facility matures inof $65 million with Nedbank Limited, as lender (the “2022 Siguiri RCF”). The current interest rate charged is Term SOFR plus 8%. The Siguiri RCF will mature on 13 October 2023 and replaced the $1 billion RCF and A$500 million RCF, which were available until July 2019 and were cancelled during October 2018.As of 19 March 2020, the equivalent of $945 million was drawn under this Revolving Credit Facility.

A full analysis of the borrowings as presented on the statement of financial position is included in “Item 18: Financial Statements-Note 26-Borrowings”.

Amounts are converted to US dollars at exchange rates as2025. As of 31 December 2019.2022, the 2022 Siguiri RCF was fully drawn.


Environmental obligations

Pursuant to environmental regulations in the countries in which AngloGold Ashanti intendsoperates, in connection with plans for the eventual end-of-life of our mines, AngloGold Ashanti is obligated to finance its capital expenditure and debt repayment requirementsrehabilitate the lands where such mines are located. In most cases, AngloGold Ashanti is required to provide financial guarantees for such work, including reclamation bonds or letters of credit issued by third party entities, independent trust funds or cash reserves maintained by the operation, to the respective environmental protection agency, or such other government department with responsibility for environmental oversight in 2020 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-linked instruments. As partrespective country, to cover all or a portion of the management of liquidity, funding and interest rate riskestimated environmental rehabilitation obligations.

In most cases, 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 repaymentenvironmental obligations expire on completion of the 5.375% notes maturing on 15 April 2020 ($700 million) andrehabilitation although, in some cases, AngloGold Ashanti may be required to support short-term liquidity inpost bonds for potential events or conditions that could arise after the eventrehabilitation has been completed. In Australia, since 2014, AngloGold Ashanti has paid into a Mine Rehabilitation Fund an amount of continuing disruptions in the global financial markets asA$11 million for a result



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current carrying value of the recent outbreakliability of COVID-19. On 27 March 2020, the company drew downA$107 million. At Iduapriem, AngloGold Ashanti has provided a bond comprising a cash component of $12 million with a further $450bond guarantee amounting to $14 million onissued by ABSA Bank Ghana Limited and Standard Chartered Bank Ghana Ltd for a current carrying value of the remainderliability of its $1.4billion RCF.$46 million. At Obuasi, AngloGold Ashanti has provided a bond comprising a cash component of $22 million with a further bank guarantee amounting to $30 million issued by Stanbic Bank Ghana Limited and Standard Chartered Bank Ghana PLC for a current carrying value of the liability of $171 million. In some circumstances, the Company may be required to post further bonds in due course which will have a consequential income statement charge for the fees charged by the providers of the reclamation bonds.


Current borrowings


AngloGold Ashanti’s current borrowings increaseddecreased by $595$33 million to $734from $51 million at 31 December 2019 from $1392021 to $18 million at 31 December 2018. The increase in current borrowings is largely due to the allocation to current borrowings of the 5.375% notes maturing on 15 April 2020.2022. See “Item“Item 18: Financial Statements-Note 26-Borrowings”Statements—Note 24—Borrowings”.


Non-current borrowings


AngloGold Ashanti’s non-current borrowings decreasedincreased by $612$107 million to $1,299from $1,858 million at 31 December 2019 compared2021 to $1,911$1,965 million at 31 December 2018.2022. See “Item“Item 18: Financial Statements-Note 26-Borrowings”Statements—Note 24—Borrowings”.


As at 31 December 2019,2022, AngloGold Ashanti’s total non-current borrowings, including the short-term portion maturing within 2019,2022, was made up as follows:
$ (million)
Unsecured borrowings2,0331,983 
Total borrowings2,033
Total borrowings1,983 
Less: Short-term maturities (current borrowings)73418 
Total non-current borrowings1,2991,965

Amounts falling due are scheduled as follows:
$ (million) 
Within one year73418 
Between one and two years110149 
Between two and five years898102 
After five years2911,714 
Total2,0331,983


At 31 December 2019,2022, the currencies in which the borrowings were denominated were as follows:
$ (million)
United States dollarsdollar1,8931,858 
Australian dollarsdollar2137 
South African rand72— 
Tanzanian shillingsshilling4788 
Brazilian real
Total2,0331,983
At 31 December 2019,2022, AngloGold Ashanti had the following undrawn amounts available under its borrowing facilities:
$ (million)
Syndicated revolving credit facility (R2.5 billion) - SA rand179
Syndicated revolving credit facility (R1.4 billion) - SA rand100
FirstRand Bank Limited (R750corporate overnight facility (R150 million) - SA rand54
Revolving credit facility (R1billion) - SA rand
Multi-currency syndicated revolving credit facility ($1.4 billion) - US dollar / Australian dollar1,3791,362 
Revolving
Geita revolving credit facility ($115150 million) - US dollar / Tanzanian shilling (1)
40— 
Siguiri revolving credit facility ($65 million) – US dollar— 
Total undrawn facilities1,7521,371

(1) On 27 February 2023, the size of the 2021 Geita RCF was increased from $150 million to $277 million.

AngloGold Ashanti had no other committed lines of credit as of 31 December 2019.

2022.
As of 31 December 2019,2022, the companyCompany was in compliance with all debt covenants and provisions related to potential defaults.

See “Item“Item 18: Financial Statements-Note 36-CapitalStatements—Note 34—Capital Management” and “Item“Item 10C: Material Contracts”.




204



At 31 December 2019,2022, lease liabilities were as follows:
$ (million)
Non-current126102 
Current4584 
Total171186


AngloGold Ashanti, through its executive committee, reviews its short-, medium- and long-term funding, treasury and liquidity requirements and positions monthly.

Supplemental parent guarantor and subsidiary issuer financial information

AngloGold Ashanti Holdings plc (the “Issuer”), a direct wholly-owned subsidiary of AngloGold Ashanti Limited (the “Guarantor”), has issued three series of outstanding debt securities which are each fully and unconditionally guaranteed by the Guarantor (the “guaranteed debt securities”). The Audit Committee also reviews theseIssuer is a company incorporated under the laws of the Isle of Man that holds certain of AngloGold Ashanti’s operations and assets located outside of South Africa. The guaranteed debt securities outstanding as of 31 December 2022 consisted of:

a $300 million 30-year bond, with a maturity date of 15 April 2040 and a fixed coupon of 6.500% payable semi-annually (the “2040 notes”);
a $750 million 7-year bond, with a maturity date of 1 November 2028 and a fixed coupon of 3.375% payable semi-annually (the “2028 notes”); and
a $700 million 10-year bond, with a maturity date of 1 October 2030 and a fixed coupon of 3.750% payable semi-annually (the “2030 notes”).

The Guarantor fully and unconditionally guarantees the payment of the principal of, premium, if any, and interest on each of the guaranteed debt securities, including any additional amounts, when and as any such payments become due, whether at maturity, upon redemption or declaration of acceleration, or otherwise. The Guarantor has obtained the approval of the South African Reserve Bank (SARB) to provide each of the guarantees. Each guarantee constitutes unsecured and unsubordinated debt of the Guarantor and ranks equally with all of its other unsecured and unsubordinated debt from time to time outstanding. Each guarantee is or will be effectively subordinated to any of the Guarantor’s existing and future secured debt, to the extent of the value of the assets securing such debt, and structurally subordinated to all of the existing and future liabilities (including trade payables) of each of the Guarantor’s subsidiaries (other than the Issuer). As at 31 December 2022, all of the debt of the Guarantor was unsecured. Under the terms of each full and unconditional guarantee, holders of the guaranteed debt securities will not be required to exercise their remedies against the Issuer before they proceed directly against the Guarantor.

The following summarised financial information reflects, on a quarterlycombined basis, the assets, liabilities, and results of operations of the Issuer and the Guarantor (collectively, the “Obligor Group”). Intercompany balances and transactions within the Obligor Group have been eliminated. Amounts attributable to the Obligor Group’s investment in consolidated subsidiaries that have not issued or guaranteed the guaranteed debt securities (the “Non-Obligor Subsidiaries”) have been excluded. The Obligor Group’s amounts due from, amounts due to and transactions with Non-Obligor Subsidiaries have been separately disclosed, if considered to be material. The summarised financial information below should be read in conjunction with AngloGold Ashanti’s consolidated financial statements for the year ended and as at 31 December 2022, see “Item 18: Financial Statements”.








205


Income statement information
Obligor Group(1)
$ (million)Year ended 31 December 2022
Revenues from Non-Obligor Subsidiaries
Revenues from Investments18 
Net intergroup dividends, interest, royalties and fees with Non-Obligor Subsidiaries
Loss for the period from continuing operations(141)
Loss for the period(141)

(1)    Gross profit is not disclosed for the Obligor Group. The Guarantor changed the nature of its meetings.main operating activities from mining operations to investment holding in 2021 and has no costs and expenses applicable to revenue. As a result cost of sales and gross profit are no longer presented. The principal activity of the Issuer is to act as a holding company for certain of AngloGold Ashanti’s operations and assets located outside of South Africa.


Statement of financial position information
Obligor Group
$ (million)Year ended 31 December 2022
ASSETS
Receivables due from Non-Obligor Subsidiaries1,640 
Other current assets604 
Total current assets2,244 
Non-current assets36 
LIABILITIES
Payables due to Non-Obligor Subsidiaries276 
Other current liabilities198 
Total current liabilities474 
Non-current liabilities1,806 

Contractual commitments and contingencies


For a detailed discussion of commitments and contingencies, see “Item 18: Financial Statements-Note 34-ContractualStatements—Note 32—Contractual Commitments and Contingencies”.


As at 31 December 2019,2022, capital commitments can be summarised over the periods shown below as follows:

Expiration per period
CommitmentTotal
amount
Less than
1 year
1 – 3
years
4 – 5
years
Over 5
years
(in millions)$$$$$
Capital expenditure (contracted and not yet contracted)(1)
437 398 39 — — 
Other commercial commitments(2)
1,011 436 447 128 — 
Total1,448 834 486 128 — 
(1)    There were no commitments through contractual arrangements with equity-accounted joint ventures.
(2)    Excludes commitments through contractual arrangements with equity-accounted joint ventures.

To service the above capital commitments and other operational requirements, the Group is dependent on existing cash resources, cash generated from operations and borrowings (in the form of bonds and credit facilities).



206


 Expiration per period
Commitment
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)
587
 405
 182
 
 
Other commercial commitments(2)
1,085
 506
535
535
 28
 16
Total1,672
 911
 717
 28
 16
(1)
Including commitments through contractual arrangements with equity accounted joint ventures of $2 million.
(2)
Excludes commitments through contractual arrangements with equity accounted joint ventures.

Contractual obligations


As at 31 December 2022, AngloGold Ashanti had the following known contractual obligations:

TotalLess than
1 year
1 – 3
years
4 – 5
years
More than
5 years
(in millions)$$$$$
Long-term debt obligations including interest(1)
2,775 102 392 183 2,098 
Capital lease obligations203 79 100 22 
Purchase obligations
- Contracted capital expenditure(2)
178 178 
- Other purchase obligations(3)
1,011 436 447 128 — 
Environmental rehabilitation costs(4)
734 61 109 83 481 
Provision for silicosis(5)
43 12 13 15 
Pensions and other post-retirement medical obligations(6)
71 18 16 29 
Total5,015 876 1,079 447 2,613 

(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 to “Item 18: Financial Statements—Note 24—Borrowings”).
(2)    Represents contracted capital expenditure for which contractual obligations exist.
(3)    Other purchase obligations represent contractual obligations for mining contract services, purchase of power, supplies, consumables, inventories, explosives and activated carbon.
(4)    Pursuant to environmental requirements, AngloGold Ashanti is obligated to close its operations and reclaim and rehabilitate the lands upon which it conducted its mining and gold recovery operations. The present value of estimated closure costs at existing operating mines as well as mines in various stages of closure are reflected in this table. Costs 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 on AngloGold Ashanti’s environmental rehabilitation obligations, see “Item 4B: Business Overview—Mine Site Rehabilitation and Closure” and “Item 4B: Business Overview—Sustainability and Environmental, Social and Governance (“ESG”) Matters”. Amounts stated include a total estimated liability of $17 million in respect of equity-accounted joint ventures.
(5)     In South Africa, AngloGold Ashanti has been subject to numerous claims, including class action litigation with respect to alleged occupational lung diseases. The settlement agreement in relation to the silicosis and tuberculosis class action came into effect in 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 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. See “Item 3D: Risk Factors—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”, “Item 4B: Business Overview—Sustainability and Environmental, Social and Governance (“ESG”) Matters” and “Item 18: Financial Statements—Note 1.2—Statement of Compliance—Significant Accounting Judgements and Estimates—Provision for silicosis”.
(6)    Represents payments for unfunded plans or plans with insufficient funding. A $12 million reimbursive asset relating to annuities purchase to fund the asset has been separately recognised.

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 are the unaccrued future rehabilitation obligations.

Recent developments


Recent developments disclosed in “Item“Item 18: Financial Statements-Note 37-Subsequent events”Statements—Note 35—Subsequent Events” include the following details:


Sale of South African assets:Dividend declaration - On 1222 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.

Dividend declaration: On 21 February 2020,2023, the directors of AngloGold Ashanti declared a gross cash dividend per ordinary share of 165322 South African cents (assuming an exchange rate of ZAR15/ZAR 17.53/$, the gross dividend payable per ADS is equivalent to 1118 US cents). which was approximately $75 million.


COVID-19 pandemic: AtAngloGold Ashanti and Gold Fields Propose Joint Arrangement in Ghana - Gold Fields and AngloGold Ashanti (the “Parties”) have agreed the datekey terms of approvala proposed joint venture in Ghana between Gold Fields’ Tarkwa and AngloGold Ashanti’s neighbouring Iduapriem Mines (the “Proposed Joint Venture”). The Tarkwa Mine is held by Gold Fields Ghana, in which Gold Fields currently owns a 90% share and the Government of these consolidated annual financial statements,Ghana (the “GoG”) holds 10%. The Iduapriem Mine is currently 100% owned by AngloGold Ashanti. Both mines are located near the SARS-CoV-2 virus responsibletown of Tarkwa in the country’s Western Region. The Parties have agreed in principle on the key terms of the Proposed Joint Venture and will engage with the GoG and other key stakeholders, including relevant regulators, with a view to implementing the Proposed Joint Venture as soon as practically possible. The Parties have agreed to mutual exclusivity during this engagement. It is intended that the Proposed Joint Venture will be an incorporated joint venture, constituted within Gold Fields Ghana and operated by Gold Fields.

AngloGold Ashanti will contribute its 100% interest in the Iduapriem Mine to Gold Fields Ghana in return for COVID-19 continuesa shareholding in that company. Excluding the interest 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 pandemicbe held by the World Health OrganizationGoG, Gold Fields will have an interest of 66.7%, or two-thirds, and has since then resulted in numerous governments and companies, including



207


AngloGold Ashanti introducing a varietywill have an interest 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-isolate33.3%, 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 23 March 2020, the South African government announced a 21-day nationwide lockdown, effective from midnight on 26 March 2020, resultingone-third, in the temporary suspension of mining activities ofProposed Joint Venture. There can be no certainty that 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, extendedParties will enter into a set of restrictions on the operation of non-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 logistics 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 uncertaintiesdefinitive agreement with respect to future developments, including duration, severitythe Proposed Joint Venture or about the timing, terms and scopeconditions of any such definitive agreement. Implementation of the COVID-19 pandemicProposed Joint Venture is subject to, among other matters, reaching agreement with the GoG regarding the Proposed Joint Venture, conclusion of confirmatory due diligence and the necessary government responses to limiting 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.securing all requisite regulatory approvals.

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 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“Item 7B: Related Party Transactions”.


Recently adopted accounting policies and pending adoption of new accounting standards


AngloGold Ashanti adopted the amendment to IAS 16 “Property, Plant and Equipment—Proceeds before Intended Use” on 1 January 2022. The amendment prohibits deducting from the cost of an item of property, plant and equipment any proceeds from selling items produced while bringing that asset to the location and condition necessary for it to be capable of operating in the manner intended by management. Instead, an entity recognises the proceeds from selling such items, and the cost of producing those items, in profit or loss. The cost allocation requires significant judgement in terms of this amendment. In accordance with the transitional provisions of IAS 16 an entity applies the amendments retrospectively to items of property, plant and equipment made available for use on or after the beginning of the earliest period presented when the entity first applies the amendment.

The adoption of the amendment on 1 January 2022 resulted in a retrospective increase in property, plant and equipment and a decrease in accumulated losses of $33 million as of 31 December 2020. There was no impact on the 2021 results as no revenue was capitalised in 2021. The effects of the 2020 restatement are included in the accumulated losses opening balance of the 2021 financial reporting period. The impact arises from the reclassification of revenue, cost of sales, and tangible assets and the resulting amortisation recalculation, resulting exclusively from the redevelopment of the Obuasi mine. No other operation was impacted by the adoption of the amendment.

AngloGold Ashanti’s accounting policies are described in “Item“Item 18: Financial Statements-Note 1-Accounting Policies”Statements—Note 1—Statement of Compliance—Accounting Standards, Interpretations and Amendments to Published Accounting Standards”.


Critical accounting policies


AngloGold Ashanti’s accounting policies are described in “Item 18: Financial Statements-Note 1-Accounting Policies”Statements—Note 1.2—Statement of Compliance—Significant Accounting Judgements and Estimates”.


Use of estimates and making of assumptions

The preparation of the company’sCompany’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 OreMineral Reserve that are the basis of future cash flow estimates and unit-of-production depreciation, depletion and amortisation calculations; environmental, reclamation, rehabilitation and closure obligations; asset impairments/reversals (including impairments of goodwill); production start dates; and write-downswrite downs of inventory to net realisable value. Other estimates include employee benefit liabilities and unrecognised tax positions.


The complex or subjective judgements that have the most significant effect on amounts recognised and the sources of estimation uncertainty where there is a significant risk of material adjustment to the carrying amounts of assets or liabilities in the next reporting period 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. 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 itsAshanti’s significant 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 are described in “Item 18: Financial Statements—Note 1.2—Statement of the outcome of future events.Compliance—Significant Accounting Judgements and Estimates”.


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.5C.    RESEARCH AND DEVELOPMENT, PATENTS AND LICENSES, ETC.

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 during each of 2022, 2021 and $11 million during 2019, 2018 and 2017, respectively.2020.




5D.TREND INFORMATION


5D.    TREND INFORMATION



208



For a discussion of trends affecting AngloGold Ashanti’s business and operations, see “Item 5A: Operating Results 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.5E.    CRITICAL ACCOUNTING ESTIMATES


See “Item 5F: Tabular Disclosure of Contractual Obligations”.Not applicable.






5F.TABULAR DISCLOSURE OF CONTRACTUAL OBLIGATIONS

As at 31 December 2019 AngloGold Ashanti had the following known contractual obligations:
 Total
 
Less than
1 year

 
1 – 3
years

 
4 – 5
years

 
More than
5 years

(in millions)$
 $
 $
 $
 $
Long-term debt obligations including interest(1)
2,601
 802
 1,136
 61
 602
Capital lease obligations198
 52
 63
 26
 57
Purchase obligations         
- Contracted capital expenditure(2)
161
 161
      
- Other purchase obligations(3)
1,085
 506
 535
 28
 16
Environmental rehabilitation costs(4)
835
 77
 80
 77
 601
Pensions and other post-retirement medical obligations(5)
100
 10
 20
 20
 50
Total4,980
 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 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 Rehabilitation and Closure" and "Item 4B: Business Overview-Environmental, Health and Safety Matters”. Amounts stated include a total estimated liability of $54 million in respect of equity accounted joint ventures.
(5)
Represents payments for unfunded plans or plans with insufficient funding.






209


ITEM 6: DIRECTORS, SENIOR MANAGEMENT AND EMPLOYEES





6A.DIRECTORS AND SENIOR MANAGEMENT

6A. DIRECTORS AND SENIOR MANAGEMENT

Directors


As at 1910 March 2020,2023, AngloGold Ashanti has a unitary board comprising 12ten directors - 10eight independent non-executive directors and two executive directors. Certain information with respect to AngloGold Ashanti’s directors is set forth below:

NameAgePosition
Year first
appointed(1)
Alberto Calderon63Executive director and Chief Executive Officer2021
Gillian Doran46Executive director and Chief Financial Officer2023
Maria Ramos64Independent non-executive director and chairperson2019
Rhidwaan Gasant63Lead independent non-executive director2010
Kojo Busia60Independent non-executive director2020
Alan Ferguson65Independent non-executive director2018
Albert Garner67Independent non-executive director2015
Scott Lawson61Independent non-executive director2021
Maria Richter68Independent non-executive director2015
Jochen Tilk59Independent non-executive director2019
(1)    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 at each annual general meeting, according to those who have been longest in office or by lot but may be re-elected, if eligible. A director may not serve for a period of more than three years without retiring. Directors appointed since the previous annual general meeting must be approved by shareholders at the next annual general meeting (“AGM”).
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)
Maria Ramos (64)
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-thirdMSc, BCom (Hons), Banker Diploma, Certified Associate of the directors (if their number is not a multipleInstitute of three, thenBankers (SA)
Independent Non-Executive Director and Chairperson
Appointed: 1 June 2019 and as chairperson of the number nearest to but not less than one third), must retire according to seniority or by lot but may be re-elected.board on 5 December 2020
(2)Appointed as Chairman with effect from 17 February 2014.
Board committee memberships:Nominations and Governance Committee (Chairperson)

Maria Ramos is an independent non-executive director of Standard Chartered Plc and serves on the board of Compagnie Financière Richemont SA. She served as Group chief executive officer of Absa Group (previously Barclays Africa Group Limited), retiring in 2019. Prior to that she was CEO of Transnet and served as Director General of South Africa’s National Treasury.

She recently served as independent non-executive director on the boards of the Public Investment Corporation and Saudi British Bank. She also co-chaired the United Nations Secretary General's Task Force on Digital Financing of the Sustainable Development Goals.

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 World Economic Forum's International Business Council and member of its executive committee and its chairperson for two years.

She is a member of the Group of Thirty and serves on the International Advisory Board of the Blavatnik School of Government, Oxford University.










Sipho Pityana (60)
BARhidwaan Gasant (63)



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BCompt (Hons), MSc, Dtech (Honoris)CA (SA), ACIMA, CGMA, Executive Development Programme
Lead Independent Non-Executive ChairmanDirector
Appointed: A director on 13 February 2007 and Chairman of the Board on 17 February 201412 August 2010
Board committee memberships:•    Audit and Risk Committee
Nominations and Governance 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 locally and internationally listed boardsRhidwaan Gasant was previously the CEO of companies as well as running his own companies, Izingwe Capital and Izingwe Holdings, which he chairs.Energy Africa Limited. He is currently the independent non-executive chairman of AngloGold AshantiGrowthpoint Properties Limited and the JSE-listed Redefine Properties. He also serves as a non-executive director onchairs the board audit committee 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.MTN Nigeria Communications Plc.

Sipho is currently chairperson of the Council of the University of Cape Town. He also serves on President Ramaphosa’s Presidential Working Committee on Employment. He was one of the founding members of the governing body of the Commission for Conciliation, Mediation and Arbitration. He is the Leader of the Business delegation to the National Economic Development and 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. As the Foreign Affairs Director General, he represented South Africa in various international fora including the United Nations, African Union and Commonwealth.
He was the founding Chairperson of the Council for the Advancement of the South African Constitution and former convener and founder of Save South Africa.



Rhidwaan GasantKojo Busia (60)
BCompt (Hons), CA (SA), ACIMA, Executive Development ProgrammePhD, MA, BA
Lead Independent Non-Executive Director
Appointed:12 1 August 20102020
Board committee memberships:
AuditSocial, Ethics and RiskSustainability Committee (Chairman)
(Chairperson)
Investment Committee

Nominations and Governance Committee



Kojo Busia has over 25 years of professional experience in African natural resources governance and management working at both bilateral and multilateral organisations. He recently held the position of Chief of the Natural Resources Management Section, Technology, Climate Change and Natural Resource Management Division, at the United Nations Economic Commission for Africa (UNECA).
Rhidwaan Gasant
He previously served as coordinator of the African Mineral Development Centre (AMDC) at the UNECA. Prior to heading the AMDC, Dr. Busia spent nearly a decade leading the African Peer Review Mechanism Support Section, Governance and Public Administration Division, also at the UNECA. In addition, Dr Busia has served on several advisory boards including the Responsible Mining Foundation Advisory Council, Advisory Director of Global Mining Sustainability, and Mining Indaba’s Sustainability Advisory Committee. He is a founding director of the Lead Independent Non-Executive Director. He was previously the Chief Executive Officer of Energy Africa Limited.  He serves asResource Management, Environment and Climate Change Institute, a director and chairs the Audit and Risk Committees of international companiesthink-do-tank recently established 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.Accra, Ghana.


Alan Ferguson (62)(65)
BSc (Accountancy and Business Economics);BSc; CA (Scotland)
CA (Institute of Chartered Accountants of Scotland)
Independent Non-Executive Director
Appointed: 1 October 2018
Board committee memberships:
Audit and Risk Committee
(Chairperson)
Remuneration and Human Resources Committee

Nominations and Governance 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 basedwhere he chaired their audit committees and listed, inwas the United Kingdom.Senior Independent Director. He currently serves on the board of Harbour Energy, where he chairs the audit committee. In addition, Mr. Ferguson serves as a member of the Business Policy Panel of the Institute of Chartered Accountants of Scotland and is a member of the leadership team of the UK Audit Committee’s on all these boards.Committee Chair's Independent Forum.


Albert Garner (64)(67)
BSE Aerospace and Mechanical Sciences
Independent Non-Executive Director
Appointed: 1 January 2015
Board committee memberships:
•    Investment Committee
•    Nominations
Remuneration and Human Resources
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,



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currently leading their special committee practice and chairing their fairness opinion committee. He formerly led Lazard’s corporate finance practice. AlbertMr. Garner became a general partner in 1989 and is now Vice Chair -Investmentof 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)Maria Richter (68)
BA, (English and Philosophy), MA (Applied Linguistics), Diploma Human Resources Management, Certificate in Education; Honoris Causa (Glasgow Caledonian)Juris Doctor
Independent Non-Executive Director
Appointed:1 October 2011January 2015
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)
•    (Chairperson)
Nominations and Governance Committee Social, Ethics and Sustainability Committee


Maria Richter is an experienced non-executive director who has served on a diverse range of US and Internationalinternational company 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 compensationnominations committees of Rexel and the remuneration committee of Bessemer Trust.


Maria’sDuring Ms. Richter’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)Scott Lawson (61)
BSc, Civil Engineering, MBA Business, BE (Mining)
BSc, MBA
Independent Non-Executive Director
Appointed:1 January 2012December 2021
Board committee memberships:•    Investment Committee (Chairman)
•    Audit
Social, Ethics
and RiskSustainability Committee


Rodney Ruston is an Independent Non-Executive Director. HeScott Lawson has over 35 years of business experience during which he has led private and publicly-listed companies in the resources, oilmining industry and gasis an experienced global mining executive who has served in a broad range of roles. He is the former executive vice president and construction industries. His international experiencechief integration officer of Newmont Corporation. Prior to this Mr. Lawson served as theexecutive vice president and chief technology officer and other executive of a heavy construction and mining contractor coupledtechnical roles for Newmont Corporation.

Mr. Lawson spent 22 years with chiefRio Tinto in executive roles with operating resource companies providesRio Tinto Alcan, Rio Tinto Technology and Innovation and Rio Tinto Kennecott. He is the board with a broad based director, who can provide insightformer senior vice president, engineering services at Peabody Energy responsible for global engineering 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.technical services support.


Jochen Tilk (56)(59)
Bachelors in Mining Engineering,, Masters in Mining Engineering
Independent Non-Executive Director
Appointed: 1 January 2019
Independent Non-Executive Director
Appointed: 1 January 2019
Board committee memberships:•    Investment Committee
•     (Chairperson)
Social, Ethics and Sustainability Committee
Nominations and Governance Committee
Audit and Risk Committee


Jochen Tilk is an Independent Non-Executive Director. He is the former Executive Chairexecutive chair of Nutrien Inc., a Canadian global supplier of agricultural products and services based in Saskatoon, Saskatchewan.services. He is the former Presidentpresident and Chief Executive OfficerCEO of Potash Corporation of Saskatchewan.Corporation. Mr. Tilk, previously spent 25 years with Inmet Mining Corporation, a Canadian-based, international metals company, with five of those years as the company’s president and chief executive officer. He 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.organization.










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Kelvin Dushnisky (56)Alberto Calderon (63)
BSc (Hons), MSc andPhD, MPhil, MA, Juris Doctor, BA
Chief Executive Officer and Executive Director
Appointed: 1 September 20182021
Board committee memberships:None


Kelvin DushniskyAlberto Calderon’s executive experience includes leadership roles across the mining, petroleum, and energy sectors. He served as the chief executive officer of Orica and was appointed as Chief Executive Officeralso an executive at BHP Group Plc. During his time with BHP Group Plc, Mr. Calderon held a number of key leadership positions, including group executive and chief executive aluminum, nickel and corporate development, group executive and chief commercial officer.

Mr. Calderon was also CEO of Cerrejón Coal Company, an Executive Director of AngloGold Ashanti on 1 September 2018.
Mr Dushnisky was previously Presidentintegrated thermal coal mine in Colombia, 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 ChairCEO of the World Gold CouncilColombian oil company, Ecopetrol. Prior to this, Mr. Calderon held senior leadership positions in the International Monetary Fund and the Colombian government and has been a board member of the International Advisory Boarda range of the Shanghai Gold Exchange, the Accenture Global Mining Executive Council, memberprivate, public and principal business advisor to the Institute of Business Advisers Southern Africa and the Institute of Directors Southern Africa. He is a member of the Law Society of British 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 Board of Trustees of the University Health Network.non-government organisations.


Christine Ramon (52)Gillian Doran (46)
BCompt, BCompt (Hons), CA(SA), Senior Executive Programme (Harvard)Fellow Member of Association of Chartered Certified Accountants (FCCA)
Chief Financial Officer and Executive Director
Appointed: 1 October 2014January 2023
Board committee memberships:•    Investment Committee


Christine has held senior financial managementGillian Doran brings more than 25 years of experience in finance and executive positions in various companies, in particularcommercial roles across a number of industries, predominantly natural resources and also construction and manufacturing. Prior to joining the Company, Ms. Doran served as chief financial officer for Rio Tinto’s Global Aluminium division. Ms. Doran’s career at Rio Tinto spanned over 15 years in a number of senior finance roles within operations, regional business unit and Group headquarters. A seasoned international executive director of Sasol Limited from 2006 to 2013. Prior to this, she was chief executive officer of Johnnic Holdings Limited,leader having previously served as itsworked and lived in Europe, North America and Australia, Ms. Doran brings to AngloGold Ashanti deep experience in financial director. Christine has served on the boards of Transnet SOC Limited, Lafarge SA Limited,accounting, planning, performance management, investment, transformation and Johnnic Communications Limited. She is currently a non-executive director on the board of MTN Group Limited.strategy.

Christine served previously as a member of the Standing Advisory Committee to the International Accounting Standards Board and as Deputy Chair of the Financial Reporting Standards Council of South Africa. Christine is also the chairperson of the CFO Forum of South Africa and serves as a non-executive director of the International Federation of Accountants.



Board movements during 20192022 and subsequent to year endyear-end


The following changes to the board of directors took place during the period from 1 January 20192022 to 31 December 20192022 and subsequent to year-end:

On 30 June 2022, Ms. Christine Ramon retired from the Company’s Board of Directors as an Executive Director.

On 30 October 2022, Ms. Nelisiwe Magubane passed away. Ms. Magubane was a Non-Executive Director of the Company and a member of the Audit and Risk Committee and the Social, Ethics and Sustainability Committee.
Effective 1 January 2023, Ms. Gillian Doran joined the Company’s Board of Directors as an Executive Director.
On 22 February 2023, the below changes to the membership of certain board committees became effective, unless otherwise noted:
Ms. Maria Richter Michael Kirkwoodstepped down from the Audit and David Hodgson retiredRisk Committee and was appointed as a member of the Social, Ethics and Sustainability Committee.
Mr. Albert Garner was appointed as a member of the Audit and Risk Committee, subject to shareholder approval at the Annual General Meeting (AGM) on 92023 AGM (scheduled for 15 May 2019. Maria Richter being eligible2023).
Mr. Scott Lawson was appointed as a member of the Audit and Risk Committee, subject to shareholder approval at the 2023 AGM (scheduled for re-election15 May 2023).
Mr. Rhidwaan Gasant stepped down from the Investment Committee and was re-elected byappointed as a member of the shareholdersSocial, Ethics and Michael Kirkwood and David Hodgson elected not to stand for re-election, in accordance with board policies and guidelines.Sustainability Committee.
Ms. Gillian Doran was appointed as a member of the Investment Committee.
Ms. Maria Ramos stepped down from the Social, Ethics and Nelisiwe Magubane were appointed as Independent Non-Executive Directors with effect from 1 June 2019 and 1 January 2020, respectively.Sustainability Committee.



In terms of the company’sCompany’s Memorandum of Incorporation (MoI), one thirdone-third of the 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 shareholders. The board has determined that the directors to retire at the next AGM are Sipho Pityana, AlbertMessrs. Ferguson, Garner Nozipho January-Bardill and Rodney Ruston. Messrs Pityana and GarnerGasant, who 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)(the “Executive Committee”) currently comprises nineeight members of whom two are executive directors. This committeeThe Executive Committee oversees the day-to-day management of the group’sGroup’s activities and is supported by country and regional management teams as well as by groupGroup corporate functions.


In addition to Kelvin DushniskyMr. Alberto Calderon and Christine Ramon,Ms. Gillian Doran, the following people are members of the Executive Committee:




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Lisa Ali (55)
BSc (Hons) in Chemistry, Analytical Chemistry, Biochemistry; Executive MBA
Chief People Officer
Lisa Ali was appointed as Chief People Officer of the Company and a member of the Executive Committee with effect from 1 April 2022. In this role, Ms. Ali is responsible for Group human resources.

Ms. Ali has over 30 years of experience, most of which has been in extractive industries. Since 2020, Ms. Ali has served as Chief People and Sustainability Officer at Newcrest Mining Limited. Prior to joining Newcrest, Ms. Ali was Head of Transformation at Trinidad Petroleum Holdings Ltd. and its subsidiary companies, and has held several senior positions at BP International PLC.

Stewart Bailey (45)(49)
Executive Vice President -Chief Sustainability and Corporate Affairs and Sustainability

Officer
Stewart Bailey was formerly Senior Vice President of Investor Relations & Group Communications, has been appointed as Executive Vice President: Corporate Affairs in 2019. HisBailey’s portfolio includes stakeholder relations and the broader ambit of sustainability policy and oversight. He leads a strong team of specialists covering each ofcommunity and government relations, communications and investors relations, reporting and environment. Throughout 13 years with AngloGold Ashanti, based both in the core sustainability disciplines. HisUS and South Africa, he has built an in-depth knowledge of the Company, its operations 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.

stakeholders. Mr. Bailey, previouslyformerly Senior Vice President of Investor Relations and Group Communications, was appointed to his current role in 2019. In his previous role, Mr. Bailey covered debt and equity investors in the US, South Africa, the UK, Europe and Asia. He is also a key member of AngloGold Ashanti’s capital markets team, which has successfully completed debt issues of more than $3 billion since 2010. He also held line responsibility for AngloGold Ashanti’sAshanti's corporate communications programme, which included engagement with financial news media in South Africa, the US and the UK. He is a former financial journalist with Bloomberg LP in New York and Johannesburg.


Pierre Chenard (59)Terry Briggs (50)
BCL, LLB - McGill University; admitted attorneyBSc (Hons) in Geology; MEng

Chief Development Officer
Terry Briggs was appointed as Chief Development Officer of the Company and a member of the Executive Committee with effect from 1 April 2022. His portfolio at AngloGold Ashanti includes Corporate Strategy and Business Planning, Business Development and greenfields exploration.

Mr. Briggs has 25 years of experience, spanning site-based technical and management roles at several underground and open pit base and precious metal operations at all stages of development from start-up to closure, as well as regional and corporate leadership roles. Since 2008, Mr. Briggs worked at Newmont Corporation where, most recently, he served as Vice President -Planning. Prior to serving in this role, Mr. Briggs held various leadership roles in Technical Services, Corporate Development and StrategyFinance at Newmont Corporation.


Pierre is responsible for Corporate DevelopmentMr. Briggs has represented on various geology and Strategy. Pierre previously served as Senior Vice President, Business Development of Rio Tinto Aluminiummining industry bodies and was its General Counsel from 2007 to 2019. He is a seasoned corporate development and legal professional who has worked within the mining and metals industries since 1988. Pierre has conducted business in 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 (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. In 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 mineral resources and ore reserves reportingauthored several publications on engineering, geology and exploration. He is also accountable for non-managed joint ventures, such as Kibali. In 2014, he was also assigned accountability for the closure and redevelopment planning for the Obuasi Gold Mine. He now leads the Obuasi Redevelopment Project.


Ludwig Eybers (52)(56)
BSc, (Mining Engineering), Post graduate qualifications with Darden Business School, USA
Chief Operating Officer - International

Ludwig Eybers has over 3033 years international mining experience. 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. He was subsequently promoted to Chief Operations Officer-InternationalOfficer- International in 2017. HeMr. Eybers is currently responsible for overall strategic and operational responsibilities for production at the company’sCompany's mining operations for the International Region.operations.



Marcelo Godoy (51)


Sicelo Ntuli (42)PhD Strategic Mine Planning, Masters Geostatistics
BSc Eng. (Electrical), MBA
Chief OperatingTechnology Officer - Africa

Sicelo NtuliMarcelo Godoy has over 2025 years workof 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 topreviously Senior Vice President, Continental Africa Region in 2016Exploration at Newmont Corporation where he led the transitiondevelopment of Geita from open pit to underground operations, amongst other achievements. He was subsequently promoted to rolenumerous innovation programs, including a world-class orebody risk management system that delivered a step change in the reliability of Chief Operating Officer Africa, including South African operations in 2019.production forecasts. Mr. NtuliGodoy 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’ experiencerecognised leader in the field of human resources both localmine planning under uncertainty and Internationally, having beena champion of diversity and inclusion. Prior to joining Newmont, he was Mining Sector Leader for Golder Associates in South America and a Director at Golder's Global Board of Directors. During his tenure at Golder Associates, Mr. Godoy managed major mining feasibility studies and reserve compliance audits for the Group executiveworld’s top producers of base Metals, iron ore and gold.

He brings to AngloGold Ashanti experience in resource modelling, mine planning and project development, as well as a track record in leading technical teams and introducing technology to drive sustainable competitive advantage.








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Lizelle Marwick (45)
B.Proc, LLB, LLM

Chief Legal Officer
Lizelle Marwick was appointed as Executive Vice President: General Counsel and Compliance on 1 July 2020, after previously serving as Senior Vice President: Deputy General Counsel. She joined the Company in 2011 establishing and heading up the legal function for human resourcesthe Africa operations. She is familiar with all aspects of the organisation and well versed on multi-jurisdictional legal work covering a wide range of subjects, with extensive experience in governance, corporate social investmenttransactions and government negotiations. Prior to joining AngloGold Ashanti, Ms. Marwick practiced law at PPC Cement.

Ms. Sibisi's experience includes 10 yearsBowman Gilfillan in South Africa and Herbert Smith in the information technology sector at IBM (SouthUnited Kingdom. She is admitted as an attorney in South Africa and Europe)a solicitor in England and 7 years at Telkom, making her a well-rounded human resources generalist with strengths in talent management, succession planning, organisational transformationWales.


Executive Committee movements during 2022 and diversity management, union negotiationssubsequent to year-end

The following movements to the Executive Committee took place during the period from 1 January 2022 to 31 December 2022 and executive compensation. She served on the Boardsubsequent to year-end:
Ms. Lisa Ali was appointed as Chief People Officer of the Institute of People Management in SA as a Non- Executive DirectorCompany and was a member of the RemunerationExecutive Committee with effect from 1 April 2022. Ms. Ali replaced Ms. Italia Boninelli, who served as Interim Group Human Resources Executive Consultant and prescribed officer with effect from 1 April 2021 until 31 March 2022.
Mr. Terry Briggs was appointed as Chief Development Officer of the Company and a member of the Executive Committee with effect from 1 April 2022. Mr. Briggs replaced Mr. Vaughan Chamberlain, who was appointed as Interim Chief Development Officer of the Company and an interim member of the Executive Committee with effect from 1 October 2021 until 31 March 2022.
Ms. Christine Ramon took early retirement from her role as Chief Financial Officer and a member of the Executive Committee of the Company effective 30 June 2022.
Mr. Ian Kramer was appointed Interim Chief Financial Officer of the Company and an interim member of the Executive Committee with effect from 1 July 2022. He resumed his role as Senior Vice President: Group 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 existswith effect from 1 January 2023, stepping down from the Competent Persons atExecutive Committee.
Ms. Gillian Doran was appointed as Chief Financial Officer and a member of the operations toCompany's Executive Committee with effect from 1 January 2023.

MINERAL RESOURCE AND MINERAL RESERVE LEADERSHIP TEAM

Tarryn Flitton (44)
MEng (Mining), BSc (Hons) (Geology), RM SME, Pr.Sci.Nat (SACNASP), FGSSA

Tarryn Flitton is the Company’s Mineral Resource and Ore Reserve Steering Committee. Accordingly, the ChairmanChairperson of the AngloGold Ashanti Mineral Resource and OreMineral Reserve Steering Committee, Mr Vaughan Chamberlain, assumes responsibility for theLeadership Team. Mrs. Flitton has 21 years’ experience in mining with ten years directly leading and managing Mineral Resource and OreMineral Reserve processes forreporting. Mrs. Flitton joined AngloGold Ashanti and is satisfied that the Competent Persons have fulfilled their responsibilities.

Vaughan Chamberlain (57)
MSc (Mining Engineering), BSc (Hons) (Geology), FAusIMM

Vaughan Chamberlain holds a BSc (Hons) degree in Geology from the University of Natal and a MSc 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 19982001 and currently holds the position of Senior Vice President: Strategic Technical GroupResource and Reserve and is Chairmanthe Chairperson of the AngloGold AshantiCompany’s Mineral Resource and OreMineral Reserve Steering Committee.Leadership Team.

6B.COMPENSATION




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6B.    COMPENSATION

REMUNERATION AND HUMAN RESOURCES COMMITTEE


Remuneration and Human Resources Committee (Remco)(the “Remco”)


The Remco comprisesis composed of four non-executive directors. Its purpose is to discharge the responsibilities of the board relating to all compensation, including all salary and equity compensation of the company’sCompany’s executives. The Remco establishes and administers the company’sCompany’s executive remuneration and its broad objectives include;include: aligning executive remuneration with companyCompany performance and shareholder interests; setting remuneration standards aimed at attracting, motivating and retaining a competent executive team; linking individual executive pay with operational and companyCompany 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 committeeRemco has oversight to all strategic aspects of people development and human resource issues. The committeeRemco 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 companyCompany as a whole.


In 2019,2022, the committeeRemco was composed of the following members:


Members
Michael J. Kirkwood (former Chairperson, resigned effective 9 May 2019);
Maria Richter (appointed Chairperson effective 9 May 2019);(Chairperson)
Sipho Pityana;
Nozipho January-Bardill;
Alan Ferguson

Albert Garner
Rhidwaan Gasant

The meetings of the committeeRemco are attended by the Chief Executive Officer and Chief FinancialPeople Officer, and Executive Vice President: Group Human Resources, except when they are conflicted or have a personal financial interest, such as when their own remuneration or benefits are being discussed.


Remuneration policy


Our 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 our policy.


Linking pay and performance for our executives is important and by having a large portion of executive pay defined as at riskat-risk pay, the policy ensures that executive compensation is aligned with the overall performance of the company,Company, the regions in which it operates and its 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-term and long-term fixed and variable pay and ensures that it is consistent with the overall strategic direction of the companyCompany and each employee’s individual performance.


For a description of share-based compensation and awards (including cash awards) see “Item“Item 6E: Share Ownership”.


Our executive directors do not receive payment of directors’ fees or committee fees.


Benchmarking


Our executive employees and non-executive directorsdirector’s remuneration is evaluated against a global group of comparator companies. AngloGold Ashanti’s size and complexity as well as each individual executive’s role is reviewed against our peer group and benchmarked based on guaranteed and variable 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 in our industry. Where there is a shortage of specialist and/or key technically skilled employees, we may offer a salary that may beis higher than the benchmark salary.


Each executive’s role is individually sized to ensure the best match possible. The comparison is done for the same or similar roles irrespective of location of work (including a review of purchasing power parity between countries).work. Each component of remuneration (base salary, short-term incentives, long-term incentives co-investment plan



216


and employee benefits and allowances) is analysed and compared with our 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)(the “DSP”), was implemented in January 2018. For a description of the DSP, see “Item“Item 6E: Share Ownership-AngloGold Ashanti share incentive scheme-DeferredOwnership—AngloGold 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. Contributions vary based on the employee’s retirement plan. See “Item 18: Financial Statements—Note 8—Employee Benefits” and“Item 18: Financial Statements-Note 10-Employee Benefits” and “Item 18: Financial Statements-Note 28-ProvisionStatements—Note 26—Provision for Pension and Post-Retirement Benefits”.


EXECUTIVE DIRECTORS'DIRECTORS’ AND EXECUTIVE MANAGEMENT REMUNERATION


See "ItemFor the amounts paid and benefits granted to executive directors and executive management in 2022, see “Item 18: Financial Statements-Note 33-Related Parties-DirectorsStatements—Note 31—Related Parties—Directors and other key management personnel-Executivepersonnel—Executive Directors’ and Prescribed Officers’ remuneration"remuneration”.


For details of the share-based awards and rights to subscribe for ordinary shares in the Company granted to, and exercised by executive directors and executive management team members, see “Item 6E: Share Ownership—AngloGold Deferred Share Plan (“DSP”) and “Item 6E: Share Ownership—Participation by Executive Directors, Executive Management Team Members and Other Managers in the AngloGold Share Incentive Scheme”.

NON-EXECUTIVE DIRECTORS' COMPENSATIONDIRECTORS’ FEES AND ALLOWANCES

The compensationfees of non-executive directors isare fixed by shareholders at the annual general meeting. In addition to their compensation, the non-executive directors receive fees for their participation on board committees and allowances for travelling internationally to attend board meetings. Non-executive directors do not receive further payments from the companyCompany and are precluded from participation in the company’sCompany’s share incentive scheme.

NON-EXECUTIVE DIRECTORS’ REMUNERATION

See "Item For amounts paid to non-executive directors in 2022, see “Item 18: Financial Statements-Note 33-Related Parties-DirectorsStatements—Note 31—Related Parties—Directors and other key management personnel-Non-Executive Director remuneration"personnel—Non-Executive Directors’ fees and allowances”.




6C.    BOARD PRACTICES



6C.BOARD PRACTICES



The Board of Directors


The companyCompany 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 11nine directors, nineeight independent non-executive directors and twoone executive directors. On 1 January 2020,director. Subsequent to year-end, an additional non-executiveexecutive director joined the board increasing the number of directors to 12, 10 independent non-executive directors and two executive directors.Company’s board.


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.


See Item 6A: “DirectorsDirectors and Senior Management” for information about the composition of the Boardboard 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,Company, as well as regional demographics, are considered in appointing board members. New directors are appointed pursuant to the recommendations of the Nominations and Governance 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.


At the next AGM, Ms. Gillian Doran will be named for election by shareholders as a director of AngloGold Ashanti.

In terms of the company’s Memorandum of Incorporation (MoI), one thirdCompany’s MoI, one-third of the directors are required to retire at each Annual General Meeting (AGM)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 PityanaMessrs. Ferguson, Garner and Albert Garner who areGasant, and being eligible, andsuch directors have offered themselves for re-election, and Nozipho January-Bardill and Rodney Ruston who have elected not to stand for re-election, in accordance with board policies and guidelines.re-election.


The company’sCompany’s MoI 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.







217


Service contracts


Non-Executive Directors
Non-executive directors receive fees for their services as directors which are approved by shareholders at annual general meetings.AGMs. Non-executive directors do not participate in the company’sCompany’s share incentive scheme.


Non-executive directors do not hold service contracts with the company.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 Deferred Share Plan (DSP).Company’s DSP. Interim appointments (interim Chief Financial Officer and interim Chief Development Officer) include an allowance aligned to the Company’s acting allowance policy to recognise the additional responsibilities associated with these roles.


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’sCompany’s issued share capital consorting to gain a majority of the board and make management decisions; and
The contracts of Executive Committeeexecutive committee members are either terminated or their role and employment conditions are curtailed.


In the event of a change of control becoming effective, thean executive will in certain circumstances be subject to both the notice period andreceive the change of control contract terms.terms at the end of the relevant notice period in line with their contractual agreement. The notice periodand change of control periods applied per category of executive and the change of control periods(excluding interim appointments) as at 31 December 20192022 were as follows:


Executive Committee member
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 20192022


The activities of the board and committees during 20192022 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 compositionDirectors’ attendance at board and committee meetings during 2022 was as follows:

Board (3)
Audit and RiskInvestmentRemuneration and Human ResourcesSocial, Ethics and Sustainability
Nominations and Governance (4)
Number of meetings in 2022977957
MDC Ramos9n/an/an/a56
KOF Busia9n/a7n/a56
A Calderon9n/an/an/an/an/a
AM Ferguson97n/a9n/a7
AH Garner9n/a69n/an/a
R Gasant9779n/a7
SP Lawson9n/a7n/a5n/a
NVB Magubane (1)
64n/an/a4n/a
KC Ramon (2)
4n/a5n/an/an/a
MC Richter97n/a9n/a6
JE Tilk977n/a56
(1)    NVB Magubane passed away on 30 October 2022.
(2)    KC Ramon retired from the Board effective 30 June 2022.
(3)    During 2022, the Board held six scheduled Board meetings and three special Board meetings.
(4) Members of the boardNominations and Governance Committee participated in an additional meeting in respect of the recruitment of the CFO.
(5) All committees at the date of this report and attendance atheld four scheduled meetings during 2019 are disclosed in the table below:



































year.



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 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)
R Gasant was appointed to the Nominations Committee with effect from 9 August 2019.
(2)
DL Hodgson retired at the AGM held on 9 May 2019.
(3)
MJ Kirkwood retired at the AGM held on 9 May 2019.
(4)
MDC Ramos was appointed with effect from 1 June 2019
(5)
Two special purpose committees were established by the board during 2019, the Special Board Committee and the NED Search Committee.


Audit and Risk Committee


The Audit and Risk Committee comprises sixthree (pending shareholder approval at the 2023 AGM of the appointment of two additional non-executive directors to the Audit and Risk Committee) independent non-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)94(7) of the South AfricanSA Companies Act, King IV and JSE Listing Requirements 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’sGroup’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-ordinatedcoordinated 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 considerconsidered 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’sGroup’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’sGroup’s information systems; and
reviewed the adequacy and effectiveness of the group’sGroup’s compliance function; andfunction.
evaluated the effectiveness of the committee through a self-assessment.





Proceedings and Performance Review


The Audit and Risk Committee formally met fiveseven times in 2019.2022.


The current members of the Audit and Risk Committee are:
Audit and Risk Committee Members (1)
R GasantAM Ferguson (Chairman and independent NED)
RJ RustonR Gasant (Independent NED)
MDC RichterJE Tilk (Independent NED)
AM Ferguson (Independent NED)
Number of meetings held from
January to December 2019
2022
FiveSeven
NED - Non-Executive Director



(1) The appointments of Mr Albert Garner and Mr Scott Lawson as members of the Audit and Risk Committee on 22 February 2023 is subject to shareholder approval at the annual general meeting on 15 May 2023.

The Chief Financial Officer,Officer; Senior Vice President: Finance, Group General Counsel and Company Secretary,Finance; Chief Legal Officer; Senior Vice President: Group Internal Audit; Vice President: Group Tax; Group Risk Manager; Chief Information Officer;Senior Vice President: Digital Technology; Vice President: Group Compliance Officer,Compliance; the external auditors, as well as other assurance providers regularly 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 effectiveness of the board and its committees, including the Audit and Risk Committee, is assessed at least every two years, and every alternate year there is an opportunity for consideration, reflection and discussion by the board of its effectiveness through the completionperformance and that of an independent external evaluation process, during which results were discussed, actions taken and processes put in place to address areas identified for refinement.its committees.


Remuneration and Human Resources Committee (“Remco”)


The Remuneration and Human Resources CommitteeRemco activities are governed by the Terms of Reference (these were reviewed and approved by the board in February 2020)May 2022). The purpose of the CommitteeRemco is to assist the Board in discharging its oversight responsibilities relating to all compensation, including annual base salary, annual 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 CommitteeRemco 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.




219


The CommitteeRemco operates in an independent role, operating as an overseer with accountability to the Board. This is accomplished by:


Determining specific remuneration packages for the Executive Committee (the “ExCom”) members, and reviewing these annually. The broad framework and cost of executive remuneration shall be a matter for the Board on the recommendation and advice of the Remco;
Reviewing and approving corporate goals and objectives relevant to the compensation of the Chief Executive Officer;ExCom members;
Evaluating the performance of the Chief Executive OfficerExCom (excluding executive directors) in light of these goals and objectives annually and setting compensation based on such evaluation;evaluations;
Ensuring that the mix of fixed and variable pay, in base pay, shares and other elements of compensation for each ExCom member meets the company’sCompany’s requirements and strategic objectives;
Linking individual pay with operationalDetermining any long-term incentive component of each ExCom member’s compensation based on awards given to such member in past years and companythe Company’s performance against set targets;
Considering other matters relating to the remuneration of or terms of employment applicable to ExCom members that may be referred to the Remco by the Board;
On an annual basis, or at intervals that the Remco may deem necessary, considering the results of independent research into executive remuneration trends, to assist the Remco in relation to strategic objectives;its decision-making regarding executive remuneration;
Ensuring that all benefits, including retirement benefits and other financial arrangements are justified and correctly valued and reviewed annually;
Considering the sentimentspayment of performance linked non-pensionable bonuses to ExCom members, and viewssetting the criteria for, and relative value of such payments;
Satisfying itself as to the accuracy of recorded performance measures that govern the vesting of share awards and incentives;
On an annual basis, approving the granting of share options or performance shares to qualifying employees of the company’s investors;Company;
Regularly reviewing incentive schemes to ensure continued contribution to shareholder value and ensureensuring that these are administered in terms of the rules;rules of the relevant incentive scheme;
Regularly reviewing human resources strategy aimed atAs and when required, considering proposed amendments to the rules of the incentive schemes and making recommendations for their approval by shareholders;
Reviewing the executive director’s termination payments and ensuring the supply and retention of sufficient skilled resources to achieve the company’s objectives;
Ensure that they are included in the remuneration policy together with any obligations arising from such contracts which would give rise to termination payments; and
Appointing an independent remuneration advisor to provide consultation to the executive directors, who make recommendations to the Board and implementation report is put to a non-binding advisory vote atshareholders on the general meetingremuneration of non-executive directors, taking into consideration market trends on non-executive directors’ remuneration, the views and sentiments of shareholders once every year; and
Review the outcomefinancial position of the implementation of the remuneration policy to ensure that the set objectives are being achieved and fairness is addressed.Company.


The current members of the CommitteeRemco are:


Remuneration and Human
Resource Committee Members
MDCMC Richter (Chairperson and independent NED)
NP January-BardillR Gasant (Independent NED)
SM Pityana (Board Chairman)
AM Ferguson (Independent NED)
A Garner (Independent NED)
Number of meetings held from
January to December 2019
2022
FourNine
Other individuals who regularly
attended meetings
(attended by invitation or if needed to contribute pertinent insights and information)
KPM DushniskyA Calderon (CEO)
TR Sibisi (EVP: Group Human Resources)
KC Ramon (former CFO) (1)
P WolstenholmeI Kramer (Interim CFO)
L Ali (Chief People Officer)
A Sidat representing PwCDeloitte (Independent Advisoradvisor to the Committee)Remco)
SD Van RensburgEM Mabuza (VP: Group RemunerationPerformance and Reward )
CM van Dyk (Remuneration and Benefits and Secretary to the Committee)Consultant)
NED – Non-Executive Director(1) Ms. Christine Ramon ceased to serve as CFO and executive director of the Company at the end of June 2022.


Remuneration Consultants


WhereWhen appropriate, the CommitteeRemco obtains advice from independent remuneration consultants. TheThese consultants are employed directly by the CommitteeRemco and engage directly with them to ensure independence.


The Committee hasWith the appointment of PwC as the independent auditors the Remco was required to tender for new advisors. In May 2022, Deloitte was appointed to replace 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.







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6D.    EMPLOYEES


The average number of attributable employees (including contractors) in the AngloGold Ashanti groupGroup over the last three financial years was:
202220212020
Africa19,807 17,260 16,829 
Australia1,532 1,332 1,230 
Americas9,498 9,972 8,789 
Other, including corporate and non-gold producing subsidiaries1,757 1,997 1,807 
South Africa - discontinued operations (1)
— — 8,297 
Total*32,594 30,561 36,952 
*    The number of contractors employed on average during 2022 was 18,599.
 2019
 2018
 2017
Continental Africa15,786
 14,833
 13,593
South Africa7,870
 18,803
 26,245
Australia1,140
 1,051
 974
Americas8,114
 7,973
 8,511
Other, including corporate and non-gold producing subsidiaries1,353
 1,589
 2,157
Total*34,263
 44,249
 51,480
*The number of contractors employed on average during 2019 was 14,389.

(1)    In 2020, represents the monthly average number of employees for the nine months as discontinued operations before completion of sale on 30 September 2020.


Labour relations and collective bargaining


AtThe AngloGold Ashanti allapproach to employee relations is predicated on a relationship-based model. We strive to establish constructive relations with our employees haveand their union representatives based on our Company values and our determination to embed interest-based collective bargaining. Working closely with our sites we are also at the forefront of ensuring that we comply with local legislation and regulatory obligations.

A global Employee Relations Standard governs employee and labour relations. The standard enables an approach to employee relations that is based on effective mechanisms for communication and participation, through direct and thoughtful engagement with employees, and where applicable, their representatives, such as trade unions.

Employees at most of our operations are unionised except those in Australia, Colombia and the United States. Although these employees are not unionised, the Company ensures sound employee relations through compliance with labour legislation in these countries, fair company policies and procedures and promoting healthy relationships through effective line management practices. The right to freedom of association and collective bargaining is not at risk at any of our operations.

Where our employees are unionised, we seek to build and maintain positive relations with representative unions as part of our overall stakeholder management philosophy. The table below shows the percentage of unionised employees covered by collective bargaining agreements by country:

Employees covered by collective bargaining agreements
Argentina90 percent
Brazil100 percent
Ghana86 percent
Guinea94 percent
Tanzania86 percent

No wage agreements in Africa were due or made during the reporting period. Biannual collective bargaining and negotiations are expected to commence towards the second quarter of 2023.

In Africa, there were no labour incidents which we recognise and apply according toresulted in stopping of operations in 2022, with the applicable laws and regulations in eachexception of one incident at the end of the jurisdictions in which we operate. Only our Australiansecond quarter of 2022 when community unrest affected operations do not have collective bargaining, as this is not recognised in Australia.at the Siguiri mine. The unrest was related to unemployment and demands for the mine to employ members of the community. The incident was resolved by the Siguiri mine.


In the South African region, in 2018 we concluded wage negotiations and signed a three-year wage agreement withBrazil, all employee representatives (unions). The region has reduced its footprint, now with fewer employees compared 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 Africa. This necessitated extensive consultation with our stakeholders, especially unions and regulators, and we were able to minimise job losses and maintain strong engagement with employees as confirmed in the results of the 2019 Employee Engagement Survey.

In Continental Africa - labour relations remained stable across the region.

In Guinea, at Siguiri, 2019 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, reaching 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 decision to place the mine in restricted exploitation, and to then suspend exploitation activities. Employee morale was low and a number of industrial actions were experienced during the year.

In Ghana, at Iduapriem, salary adjustment framework agreed with the Ghana Mineworkers Union (GMWU) in mid-2018, was successfully applied for 2019 wage/salary adjustment for bargaining unit employees.

In Tanzania, the third collective bargaining agreement 2019 between Geita and the union (TAMICO) was signed on 19 November 2019. It marked another milestone towards building a long-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 3% membership in the bargaining unit (Paterson grades A-C4). The remaining 41% are non-members but still enjoy services of the two trade unions mentioned above.

In the Americas region, Brazil signed all 3three collective agreements (Nova Lima,Lima/Sabará, Santa Bárbara and Crixás). However it faced some challenges in relation to the Santa Bárbara collective agreement, specifically were signed with the union representatives,unions and ended up executingimplemented effective August 2022. The country has experienced a higher inflation rate of 10.12 percent (Aug/21 – Jul/22) mostly generated by the agreement directlypolitical uncertainty and expectations around the Presidential campaign and the October electoral process. Despite this context, there was no operational impact or attempt to strike, unlike in 2021.

In Argentina, CVSA completed the annual salary negotiation, aligned with country inflation, with a final increase of 100.2 percent for 12 months (May 22 to April 23). The percentage of fulfilment of the 2022 objectives was also agreed with the employees' council. CVSA,unions.




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Full time employees receive a number of benefits not afforded to contractor employees. These include retirement, accommodation for selective employees, production and safety related bonus schemes, and reasonable and fair conditions of services in Argentina, completed the 2019 salaries negotiation in January 2020 (when inflation was known and final % increase for 2019 was agreed) and after three prior adjustments made in April, July and October 2019 (% increases).addition to resultant benefits emanating from collective bargaining.



The minimum notice period regarding operational changes varies from country to country. The Company does, however, comply with all relevant legislation.



6E.SHARE OWNERSHIP

6E.    SHARE OWNERSHIP

DIRECTORS’ AND PRESCRIBED OFFICERS’ INTERESTS IN ORDINARY SHARES


The interests of directors and prescribed officers in the ordinary shares of the companyCompany at 31 December 2019,2022, which individually did not exceed one percent of the company’sCompany’s issued ordinary share capital are included in the annual financial statements,statements; see "Item“Item 18: Financial Statements—Note 33-Related Parties-Directors’31—Related Parties—Directors’ and Prescribed Officers’ interests in AngloGold Ashanti shares"shares”.


A register detailing Directors and Prescribed Officers’ interests in contracts is available for inspection at the company’sCompany’s registered and corporate office. See "Item “Item 10H: Documents on Display"Display”.



CHANGE IN DIRECTOR’SDIRECTORS’ AND PRESCRIBED OFFICER’SOFFICERS’ INTERESTS IN ANGLOGOLD ASHANTI SHARES SINCE 31 DECEMBER 20192022


Refer "Itemto “Item 18: Note 33 - 31—Related Parties - Parties—Directors’ and Prescribed Officers’ interests in AngloGold Ashanti shares"shares”.



SHARE OWNERSHIP OF EXECUTIVE OFFICERS/EXECUTIVE MANAGEMENT


To the best of its knowledge, AngloGold Ashanti believes that AngloGold Ashantiits ordinary shares held by executive officers, in aggregate, do not exceed one percent of the company'sCompany’s issued ordinary share capital.



MINIMUM SHAREHOLDING REQUIREMENT FOR EXECUTIVESEXECUTIVE MANAGEMENT


With effect from March 2013, a minimum shareholding requirement (MSR) was introduced for the executive management team (including executive directors). All executive management team members (including executive directors) are required to have a minimum shareholding in the Company as per the table below.

The MSR was extended to include a 12-month post-termination holding, effective 1 January 2022:

RoleWithin three years of appointment/from introduction of MSR (1 January 2020)Within six years of appointment/from introduction of MSR (1 January 2020)Holding requirement12-month Post-Termination Holding
(1 January 2022)
CEO150% of net annual base salary300% of net annual base salaryThroughout employment as a director or prescribed officerThe post-termination MSR will be the requirement based on the MSR policy at the time of termination. Should the executive depart (or no longer serve as director or prescribed officer) before they have achieved the MSR, all vested shares allocated effective 1 January 2022 onwards from the Company’s share incentive will be held for a one-year post-termination period. The holding will be up to their required MSR.
CFO125% of net annual base salary250% of net annual base salary
Executive Management Team100% of net annual base salary200% of net base salary
The following count towards an individual MSR:
Shares purchased on the market, either directly or indirectly
Vested shares from AngloGold Ashanti’s share incentive schemes
Accumulation of the post-termination holding commences on 1 January 2022, Executives have five years from introduction or appointment to accumulate holding.





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The table below summarises each executive director and executive committee member’s accomplishment of the MSR:

ExecutiveSix-year target achievement date
MSR holding as at 31 December 2022 as a percentage
of net base pay
Three-year MSR target achievement percentageSix-year MSR target achievement percentage
Executive directors
A CalderonSeptember 202738%150%300%
Prescribed officers
L Ali (1)
April 202856%100%200%
SD BaileyJanuary 2025298%100%200%
TJ Briggs (1)
April 20280%100%200%
L EybersMarch 2023491%100%200%
MC GodoyOctober 2027206%100%200%
I Kramer (2)
July 20284%100%200%
L MarwickJuly 2026144%100%200%

(1) Appointed prescribed officer with effect from 1 April 2022 and the 3-year MSR achievement is due in April 2025
(2) Appointed prescribed officer with effect from 1 July 2022 to 31 December 2022. The MSR holding is not required subsequent to the appointment period.

MINIMUM SHAREHOLDING REQUIREMENT FOR NON-EXECUTIVE DIRECTORS (“NEDs”)

During February 2022, the board approved an MSR for NEDs. In terms of the policy, NEDs are required to acquire and hold an MSR in AngloGold Ashanti shares, equivalent to 150 percent of their annual base fee within four years of the effective date of the policy for existing NEDs and from the effective date of appointment for new NEDs.

Four-year target achievement date
MSR holding as at
31 December 2022 as a percentage of annual base fee
Two-year MSR target achievement percentageFour-year MSR target achievement percentage
Non-Executive Directors
MDC Ramos (Chairperson)February 20260%75%150%
R Gasant (Lead independent director)February 20260%75%150%
KOF BusiaFebruary 202636%75%150%
AM FergusonFebruary 202690%75%150%
AH GarnerFebruary 2026404%75%150%
SP LawsonFebruary 202651%75%150%
MC RichterFebruary 2026203%75%150%
JE TilkFebruary 202650%75%150%

ANGLOGOLD DEFERRED SHARE PLAN (DSP)

On 16 May 2017, the shareholders approved the introduction of the DSP. The DSP became effective 1 January 2018 and was designed to better align the interests of Company management with those of shareholders by rewarding decision-making that promotes the long-term health of the business by increasing the maximum vesting period of shares from two to five years, and introducing a claw-back provision, reducing the impact of uncontrollable factors, like gold price and currency fluctuations, in determining remuneration, providing better incentive for prudent, value-adding capital allocation, capping the number of shares that can be issued under the DSP in any given year to one percent of total shares in issue, and providing greater incentives for excellence in the broad area of sustainability, which covers the safety, environmental, health, governance, community relations and human capital disciplines.

The scope of participation in the DSP includes Executive Directors, members of the Executive Committee and senior management employees of the Company and its subsidiaries. The intention of the incentive scheme is to ensure that the medium- to long-term interests of the executives and senior management employees are aligned with the shareholders’ interests, providing rewards to the executives and senior management employees and wealth creation opportunities to the shareholders when the strategic performance drivers are achieved.

Non-Executive Directors are not eligible to participate in the DSP.



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DSP awards are payable in cash and where applicable (depending on stratum level), the balance will be delivered in one of two compensation components, either deferred cash or deferred shares, vesting equally over a period of two to five years. For each member of the Executive Management Team, the deferred portion is paid entirely in deferred shares vesting over a five-year period. Deferred shares have a right to receive dividend equivalents during the deferral period.

The total incentive is determined based on a combination of Company and individual performance measures, which are defined annually with weightings applied to each measure. Each metric is weighted and has a threshold, target and stretch achievement level 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’s and the CEO and CFO's performance is assessed by the Remco and the board and the performance of the other members of the executive management team is assessed by the Remco 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 based on on-target achievement:

CashSharesTotal Incentive
LevelOn-Target Achievement
CEO100.00%200.00%300.00%
%
%
CFO85.00%
%
185.00%
%
270.00%
%
%
Executive Management Team75.00%
%
174.00%
%
249.00%
%
%

CEO means Chief Executive Officer.
CFO means Chief Financial Officer.

The graphs below illustrate the threshold, on-target and stretch for the DSP scheme and performance measure weightings (Company and individual) as a percentage of base salary:

au-20221231_g9.jpg

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 with the exception of the ExCom members who have post-termination vesting for good-leavers. Individual KPIs account for 20 percent of the performance scorecard in the DSP incentive scheme and Company performance accounts for the remaining 80 percent. Company metrics are relative total shareholder return, absolute total shareholder return, normalized cash return on equity, production, all-in sustaining costs, total cash costs, mineral reserve additions pre-depletion, mineral resource additions pre-depletion, safety, health, environment and community metrics and people metrics.

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”.

The DSP was amended and restated by the board of directors on 20 February 2023 to reflect our current practice by adding flexibility to grant sign-on awards to new employees of AngloGold Ashanti and to compensate them for incentive awards that they have forfeited from their previous employer.









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The Committee approved the 2022 DSP metrics Company performance achievement of 94.86 percent. This was an important year for the Company and the following results, among others, demonstrate re-alignment of the strategic priorities and focused delivery.

Key highlights include:
Incorporating a diverse new executive team and making significant changes at the senior vice president and critical skills level in the areas of Supply, Projects, Digital Technology and Operations
Achieving an unprecedented safety performance which positions the Company well below the industry average in key metrics and demonstrates significant progress in resetting the safety culture
Surpassing the production budget for the first time since 2017 and delivering Obuasi targets
Reducing real cash costs which were less than one percent above the top end of guidance, rising by six percent year on year, which was roughly half the inflation rate experienced for the Company’s basket of goods and services
Consolidating Nevada as a multi-decade, cost-competitive new growth project

The table below summarises AngloGold Ashanti’s remuneration metrics, their weightings, and performance against these metrics applicable to the DSP during 2022:

DSP performance measureWeightingThreshold measuresTarget measuresStretch measures2022 achievement %
Financial measuresRelative total shareholder return (measured in US$)12.50%Median TSR of comparatorsHalfway between median and upper quartileUpper quartile TSR of comparators0.00%
Absolute total shareholder return (measured in US$)7.50%USD COE (6%)USD COE + 2% (8%)USD COE + 6% (12%)11.25%
Normalised cash return on equity (nCROE)15.00%USD COE (6%)USD COE + 9% (15%)USD COE + 18% (24%)22.50%
Production15.00%2,550 oz (000)2,734 oz (000)2,837 oz (000)15.60%
Total cash cost10.00%$1,015 / oz$963 / oz$915 / oz0.00%
All-in sustaining costs5.00%$1,425 / oz$1,355 / oz$1,285 / oz4.00%
Future optionalityMineral Reserve additions (pre-depletion, asset sales, mergers and acquisitions)5.50%Plus 1.6 MozPlus 3.2 MozPlus 4.8 Moz5.98%
Mineral Resources (pre-depletion, asset sales, mergers and acquisitions)5.50%Plus 4.2 MozPlus 8.3 MozPlus 12.5 Moz4.10%
SafetyAll injury frequency rate (AIFR) – one year8.00%≥2.5%
performance improvement (2.07)
≥5%
performance improvement (2.01)
≥7.5%
performance improvement (1.96)
11.24%
Major hazard control compliance95% critical control compliance99% critical control compliance99.5% critical control compliance
Health, Environmental and Community
Health (2.5%): Reduction in workforce exposed to high respirable crystalline silica dust
12.00%4% reduction7% reduction13% reduction17.33%
Environment (7.5%): Greenhouse gas emissions management
110% of budgeted carbon emission intensity (37.91)100% of budgeted carbon emission intensity (34.46)95% of budgeted carbon emission intensity (32.74)
Community (2%): Business disruptions as a result of community unrest
210
PeopleGender diversity4.00%21% female representation23% female representation25% female representation2.86%
Key staff retention85% pa90% pa95% pa
Total100%94.86%

Relative TSR measures the Company’s share price performance compared to the peer group on a relative basis. It is measured on a three-year trailing average. A total of seven peers (Agnico Eagle Ltd, Barrick Gold Corp, Gold ETF, Gold Fields Ltd, Kinross Gold Corp, Newcrest Mining Ltd and Newmont Mining Corp) are measured and numerically ranked; the positioning of AngloGold Ashanti in the ranking determines the bonus achievement.

Based on the criteria below for 2022, AngloGold Ashanti was ranked seventh and was therefore positioned below the median at a growth percentage of 13.00 percent; therefore, the achievement was calculated at below threshold (0 percent).





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Criteria table for relative TSR
Threshold achievement (50%)33.93%Median
Target achievement (100%)49.05%Halfway between median and upper quartile
Stretch achievements (150%)64.17%Upper quartile

Absolute TSR measures the Company’s share price performance on a three-year trailing average and compares it to a percentage increase relating to US cost of equity (US COE). The stretch target is achieved if US COE plus 6 percent is exceeded based on this calculation. Currently the US COE is 6 percent, resulting in the stretch target being 12 percent.

Criteria table for absolute TSR
Threshold achievement (50%)US cost of equity (COE)6.00%
Target achievement (100%)COE + 2%8.00%
Stretch achievements (150%)COE + 6%12.00%

The Company’s growth percentage of 13.00 percent places them above the US COE plus 6 percent (12 percent); therefore, the achievement is on stretch (11.25 percent). Refer to the TSR ranking table above.

Additional details regarding the award outcomes for the CEO and CFO under the DSP for 2022 are provided below.



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CEO: Key Objectives and Achievements for 2022:
ScorecardWeightingComments
Health, safety, environment and community
Safety – 12.5%
Health, environment and community – 12.5%
Results aligned to Company DSP outcome

25%
AngloGold Ashanti’s safety performance improved year-on-year
Total recordable injury frequency rate improved 41% to a record 1.26 in 2022 – less than half the 2021 ICMM member average of 2.90
Lost-time injury frequency rate fell 40% to 0.65 year-on-year
Visible leadership on Major Hazard Critical Controls programme
Set new Scope 1 and 2 greenhouse gas reduction targets for 2030, including detailed programme of projects and capital estimates
Financial and production
Achievement of budget production oz’s and cash cost / oz
Significantly advance Project Full Potential: Identify the full potential of 5-6 operations and the measures to close the gap during following 24 months
Build major projects for the company’s long- term future inclusive of significant progress made on:
Obuasi – 5%
Colombia project – 5%
Nevada project – 5%
Support the move of major capital projects through development phases
55%
Exceeded budgeted production for first time since 2017. Achieved real cash cost reduction of 6% in volatile, inflationary environment, closing the gap vs. peer group, where costs increased above inflation:
Improvement projects helped offset significant exogenous factors, including flooding in Brazil and Covid impact on labour in Australia
Siguiri management intervention helped exceed planned production amid challenging operating conditions
Obuasi production met market expectations

Initiated Full Asset Potential Programme:
Six sites underwent FP programme; potential cost reductions identified
Workbooks in place to realise efficiencies over c.24 months

Growth Projects:
Quebradona Optimised Feasibility Study progressed; Environmental Impact assessment is in progress
North Bullfrog feasibility study expected now in first half of 2023; Feasibility study for Silicon rescheduled to include Merlin and other orebodies
Individual KPIs
Embed Operating Model changes
Effective stakeholder management through:
20%
Implemented new Operating Model; achieved planned personnel efficiencies in corporate functions and business units, with commensurate cost benefits
Good corporate governance and risk management
Corporate governance - simplified Delegation of Authority framework and implemented review of Group policies and standards
Effective relationships with shareholders and investors
Worked to develop relationship with shareholders and analysts through industry conferences, roadshows and roundtable meetings. Improved market understanding of overall strategy and Full Asset Potential process, aided by engagement during results reporting and set-piece engagements
Good relations with governments in operating countries
Government relations strengthened - increased personal interactions with key officials, including high-level meetings with governments of Ghana and Tanzania to strengthen relationships and discuss issues of mutual interest
Effective regular communication with board, executive committee, operations, projects and employees
Employee townhalls, site visits and visible leadership on mental wellbeing and sexual harassment prevention campaigns. Culture survey results and subsequent workshops and feedback sessions have effectively boosted employee morale and engagement
Implemented an integrated new ExCom and significant changes at senior management level to ensure robust capability to deliver the business plan
Global implementation of the anti-discrimination and sexual harassment standards
Total100%

CEO: Performance incentive outcome 2022
2022 DSP performance outcomeWeightingDSP award outcome
Financial performance targets
Relative total shareholder return12.50%0.00%
Absolute total shareholder return7.50%11.25%
Normalised cash return on equity (nCROE)15.00%22.50%
Production15.00%15.60%
Total Cash Costs10.00%0.00%
All-in sustaining costs5.00%4.00%
Mineral Reserve pre-depletion5.50%5.98%
Mineral Resource additions pre-depletion5.50%4.10%
Safety8.00%11.24%
Health, Environment and Community12.00%17.33%
Core value: People4.00%2.86%
Total % for Company performance:100.0%94.86%
.



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Organisational performance weighting:80.00%
=
A - Organisational performance weighted outcome:75.89%
Individual performance results
Actual individual targets and strategic objectives are not disclosed in order to maintain commercial confidentiality in competitive markets
Individual performance weighting:20.00%
X
Performance rating award correlation:150.00%
=
B - DSP opportunity based on individual performance:30.00%
Total % of DSP pay opportunity (A+B)105.89%
x
On-target total cash bonus opportunity (as % of base pay)100.00%
On-target total deferred share award opportunity (as % of base pay)200.00%
=
Final cash bonus result (as % of base pay)105.89%
Final deferred share result (as % of base pay)211.78%
Base pay as at 31 December 2022 (all offshore payments converted to ZAR at exchange rate of ZAR16.3655: USD1)x
26,184,800
=
Annual cash portion of DSP:27,726,561
Annual deferred share portion of DSP (to vest over five years):55,453,122
Total 2022 deferred share plan award:83,179,683

CFO: Key Objectives and Achievements for 2022:
ScorecardWeightingComments
Leadership and stakeholder engagement5%
Maintained effective relationships with equity and debt investors, banks, ratings agencies, auditors and joint venture partners
Continued to provide input at relevant stakeholders’ forums on financial, tax and regulatory matters
Liquidity, credit ratings and balance sheet management15%
Refinanced $1.4bn multi-currency RCF by mid-June 2022 at favourable terms, for a five-year tenure with two one-year extensions
Proactively engaged the ratings agencies on the Company’s strategy, operational performance, and cost initiatives. AngloGold Ashanti’s credit ratings were maintained by all three credit ratings agencies
Cost discipline and cash preservation measures50%
Production and cost guidance remained on track for the year in the first half of 2022
Maintained focus on optimising corporate costs, as well as non-essential expenditure
Proactively managed supply chain risks across the business amidst challenging market conditions resulting from COVID-19-related impacts and the Russia/Ukraine war

Adequate levels of consumables and spares (3-6 months) have been maintained across the operations to maintain business continuity. Targeted supply chain savings remained on track despite inflationary pressures due to stocking and pricing strategies and ensured that the full asset potential programme was adequately supported
Governance and risk management15%
Ensured that a strong culture of compliance and consistency of accounting practices prevailed through regular interaction with business units
Ensured a strong focus on the Tanzanian tax matters and that there is appropriate disclosure of all tax exposures
Assessed oil hedging at various intervals earlier in the year
Implementation of the Operating Model15%
The approved Operating Model structures for the Finance and Supply functions were embedded well before the end of June 2022; appropriate transition plans developed identified risks
Ensured that the business process optimisation initiatives had been progressed and that projects have been put in place to address the recommendations
Total100%




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CEO: Performance incentive outcome 2022
2022 DSP performance outcomeWeightingDSP award outcome
Financial performance targets
Relative total shareholder return12.50%0.00%
Absolute total shareholder return7.50%11.25%
Normalised cash return on equity (nCROE)15.00%22.50%
Production15.00%15.60%
Total Cash Costs10.00%0.00%
All-in sustaining costs5.00%4.00%
Mineral Reserve pre-depletion5.50%5.98%
Mineral Resource additions pre-depletion5.50%4.10%
Safety8.00%11.24%
Health, Environment and Community12.00%17.33%
Core value: People4.00%2.86%
Total % for Company performance:100.0%94.86%
Organisational performance weighting:80.00%
=
A - Organisational performance weighted outcome:75.89%
Individual performance results
Actual individual targets and strategic objectives are not disclosed in order to maintain commercial confidentiality in competitive markets
Individual performance weighting:20.00%
X
Performance rating award correlation:112.50%
=
B - DSP opportunity based on individual performance:22.50%
Total % of DSP pay opportunity (A+B)98.39%
x
On-target total cash bonus opportunity (as % of base pay)85.00%
On-target total deferred share award opportunity (as % of base pay)185.00%
=
Final cash bonus result (as % of base pay)83.63%
Final deferred share result (as % of base pay)
0.00%(1)
Base pay for six months as at 30 June 2022 (all offshore payments converted to ZAR at exchange rate of ZAR16.3655: USD1)x
5,441,578
=
Annual cash portion of DSP:4,550,781
Annual deferred share portion of DSP (to vest over five years):
Total 2022 deferred share plan award:4,550,781

(1)    Deferred share award was not payable because of the CFO’s termination of service.

PARTICIPATION BY EXECUTIVE DIRECTORS, EXECUTIVE MANAGEMENT TEAM MEMBERS AND OTHER MANAGERS IN THE ANGLOGOLD SHARE INCENTIVE SCHEME

For details of the share-based awards and rights to subscribe for ordinary shares in the Company granted to, and exercised by, executive directors, executive management team members and other managers on an aggregate basis during the year to 31 December 2022 and subsequent to year end up to 10 March 2023, see “Item 18: Financial Statements—Note 31—Related Parties—Directors and other key management personnel”.

PARTICIPATION BY EMPLOYEES IN THE ANGLOGOLD SHARE INCENTIVE SCHEME

For details of the share-based awards and rights to subscribe for ordinary shares in the Company granted to, and exercised by, employees on an aggregate basis during the year to 31 December 2022, see “Item 18: Financial Statements—Note 9—Share- Based Payments”.



229


ITEM 7: MAJOR SHAREHOLDERS AND RELATED PARTY TRANSACTIONS

Overview

Description of AngloGold Ashanti’s share capital

AngloGold Ashanti’s share capital consists of one class of stock:

Ordinary shares, par value 25 South African cents each (the “ordinary shares”);


The authorised and issued share capital of AngloGold at 31 December 2022 is set out below:
Title of class (1)
AuthorisedIssued
Ordinary shares600,000,000 418,600,473 
(1) During December 2021, the A and B redeemable preference shares were redeemed and the preference share certificates cancelled. All redeemable preference shares were removed from the authorised share capital at the AGM held on 16 May 2022.

All the issued ordinary shares are fully paid and are not subject to further calls or assessment by AngloGold Ashanti.

The following are the movements in the ordinary issued share capital at 31 December:

Ordinary shares
Number of
Shares
RandNumber of
Shares
RandNumber of
Shares
Rand
202220212020
At 1 January417,501,452 104,375,363 416,890,087 104,222,522 415,301,215 103,825,304 
Issued during the year:
Exercise of options by participants in the AngloGold Share Incentive Scheme1,099,021 274,755 611,365 152,841 1,588,872 397,218 
31 December418,600,473 104,650,118 417,501,452 104,375,363 416,890,087 104,222,522 

During the period from 1 January 2023 to and including 10 March 2023, 246,930 ordinary shares were issued at an average issue price of R270.27 per share, resulting in 418,847,403 ordinary shares being in issue at 10 March 2023.









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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 five percent of the ordinary issued share capital of the Company:
Ordinary shares held at31 December 202231 December 202131 December 2020
Shareholder*Number of
Shares
Percent
Voting
Rights
Number of
Shares
Percent
Voting
Rights
Number of
Shares
Percent
Voting
Rights
Public Investment Corporation of South Africa51,477,205 12.30 44,332,506 10.62 39,846,637 9.56 
BlackRock Inc.29,536,274 7.06 27,155,066 6.50 27,956,084 6.71 
Van Eck Associates Corporation23,602,172 5.64 n/an/a26,488,311 6.35 
Coronation Holdingsn/an/a37,322,250 8.94 n/an/a

* Shares may not necessarily reflect the beneficial shareholder.

At 31 December 2022, a total of 125,736,908 shares (or 30 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 2022, the number of persons who were registered holders of ADSs was reported at 1,928. 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 ordinary shareholders have the same voting rights.

As at 31 December 2022, there were 25,543holders on record of AngloGold Ashanti ordinary shares. Of these holders 478 had registered addresses in the United States and held a total of 179,898,324 ordinary shares, or 42.98 percent of the total outstanding ordinary shares. In addition, certain accounts on record with registered addresses outside the United States, hold AngloGold Ashanti ordinary shares, in whole or in part, beneficially for United States persons.

At 10 March 2023, a total of 124,073,857 ADSs or 29.62 percent of total issued ordinary share capital were issued and outstanding and held on record by 1,914 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.



231


7B.    RELATED PARTY TRANSACTIONS

The Company had the following transactions with related parties during the year ended 31 December:
2022
Purchases from related party
(in million)$
Purchases of goods and services from related parties
Rand Refinery (Pty) Limited14 

Amounts due to joint ventures and associates arising from purchases of goods and services are unsecured and non-interest bearing.

As at 31 December 2022, there are no outstanding balances arising from loans owed to or by related parties.






232


7C.    INTERESTS OF EXPERTS AND COUNSEL

Not applicable.



233


ITEM 8: FINANCIAL INFORMATION




234


8A.    CONSOLIDATED FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION

See “Item 18: Financial Statements”.





235


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 MSG’s appeal against the assessment, which amounted to approximately $9.6 million. MSG appealed the dismissal of the case to the State Court of Minas Gerais. Any possible payment by MSG would be set off by an indemnity from Kinross Gold Corporation (Kinross) of $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 Córrego do Sítio Mineração SA and Mineração Serra Grande S.A. (MSG): AngloGold Ashanti’s subsidiaries in Brazil, including AGA Mineração (formerly AngloGold Ashanti Brasil Mineração Ltda) and MSG, are involved in various disputes with the Brazilian tax authorities. These disputes date back as far as 2007 and involve federal tax assessments including income tax, royalties, social contributions, VAT and annual property tax. Collectively, the total possible amount involved across all tax disputes in Brazil is approximately $46.5 million, which include VAT claims and social security payments of $36 million.

Colombian Tax Office (DIAN) v. AngloGold Ashanti Colombia S.A.S. (AGAC) and Gramalote Colombia Limited (Gramalote): Since 2013, AGAC received various notices from the DIAN that it disagreed with the company’s tax treatment of exploration expenditure in its 2010, 2011, 2013 and 2014 income tax returns and its 2011 equity tax return. However, AGAC believes that the DIAN has applied the tax legislation incorrectly and subsequently filed lawsuits before the Administrative Court of Cundinamarca (the trial court for tax litigation) challenging each of the DIAN’s rulings in respect of those tax returns. In 2018, the Administrative Court of Cundinamarca denied AGAC’s arguments with respect to the 2010 and 2011 tax litigation. AGAC subsequently appealed these judgments to the Council of State of Colombia (the highest court for tax matters). In November and December 2022, the Council of State ruled against AGAC upon appeal. The Council of State ordered AGAC to pay $34 million of additional taxes (which includes interest) in respect of the 2010 and 2011 tax returns, but it fully waived any related penalties (which were originally assessed in the amount of $47 million). In December 2022, a tax reform was adopted in Colombia, enacting changes which may lead to a reduction of interest charged on outstanding tax obligations in certain circumstances. In February 2023, AGAC paid $25 million of additional taxes (which includes interest) in respect of the 2011 income and equity tax returns, after taking into account a reduction of $6 million in interest under the tax reform. Following this payment, the 2011 tax litigation was fully settled. AGAC is still awaiting the final decision under the new tax reform in respect of the 2010 tax litigation. AGAC’s other lawsuits with respect to its 2013 and 2014 tax returns are still pending before the Administrative Court of Cundinamarca and the company has disclosed a contingent liability of $5.0 million in respect thereof (mainly covering related penalties).

Since 2019, Gramalote also received various notices from the DIAN that it disagreed with its 2013 and 2014 income tax returns on the same basis as the abovementioned AGAC returns, calculating additional taxes as well as penalties and interest. However, Gramalote also believes that the DIAN has applied the tax legislation incorrectly and subsequently filed lawsuits before the Administrative Court of Cundinamarca challenging each of the DIAN’s rulings in respect of those tax returns. Gramalote’s lawsuits with respect to its 2013 and 2014 tax returns are still pending before the Administrative Court of Cundinamarca. The company has disclosed a contingent liability of $3.0 million in relation to Gramalote’s 2013 and 2014 tax returns (mainly covering related penalties).

The total amount claimed by the DIAN, related to the above tax matters that remain outstanding amounted to $8.1 million of which $8.0 million related to penalties as of 31 December 2022. Following a judgment of the Council of State in July 2019 holding that duplicate penalties may not be charged, the company expects that certain penalties will likely be waived, reducing the overall exposure to $0.1 million in respect of those tax matters. In addition, from 2017 onwards, the deduction of exploration costs is prohibited following a change in Colombian tax legislation. As a result, exploration costs have been treated in accordance with the amended tax legislation subsequent to that date.

Argentina Tax Authority (AFIP) v. Cerro Vanguardia S.A. (CVSA): In July 2013, CVSA received a notification from the AFIP requesting corrections to the 2007, 2008 and 2009 income tax returns of about $0.9 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 $4.2 million. CVSA and AFIP have corresponded on this issue over the past several years, and the Argentinian tax authorities continue to assert their position regarding the use of the financial derivatives. CVSA filed an appeal with the Tax Court in June 2015, and the parties submitted their final reports in July 2017. The matter is pending with the Tax Court.




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Ghanaian tax authorities v. AngloGold Ashanti (Ghana) Limited (AGAG) withholding tax audits: AGAG received a final tax audit report from the Ghana Revenue Authority (GRA) in which the GRA demanded payment of $9.0 million in respect of withholding taxes on payments to non-resident persons. AGAG objected to the GRA’s assessment of withholding taxes on the basis that AGAG was duly exempted by the government of Ghana from withholding taxes on payments made to non-residents during the relevant periods in terms of the Deed of Warranty signed with the government of Ghana. In 2017, AGAG met with the Commissioner-General of the GRA and provided its position in writing together with the relevant supporting documents. AGAG has not yet received a response from the Commissioner-General. Due to the statute of limitations applicable to tax assessments in Ghana, the amount of the tax uncertainty is estimated at $6.0 million as at 31 December 2022.

COLOMBIA

Santa María-Montecristo and La Colosa class action lawsuits: Class action lawsuits have been filed in relation to each of AngloGold Ashanti Colombia S.A.S.’s (AGAC) Santa María-Montecristo and La Colosa projects. Each of the two lawsuits aims to stop exploration and mining in certain restricted areas affected by the projects due to environmental concerns.

In respect of the Santa María-Montecristo class action lawsuit, in September 2011, the Administrative Court of Tolima granted one of the plaintiffs a preliminary injunction suspending AGAC’s mining concession contracts in relation to this project. AGAC has challenged this injunction, nevertheless, it remains in place during the course of the court proceedings. In 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. In September 2020, the Council of State of Colombia (the highest court for administrative matters) on appeal overruled the decision of the Administrative Court of Tolima. The Council of State’s decision, which is final and not subject to further appeal, determined that AGAC, as concessionaire, has a right to develop the project if it can demonstrate to the mining and environmental authorities on the basis of technical studies that its mining exploration and, eventually, exploitation activities, will not impact the water resources of the Coello River basin and its tributaries. On 25 October 2022, AGAC returned the tenements involved in the Santa María-Montecristo project to the government of Colombia. This return is pending acceptance by the Colombian Mining Authority (Agencia Nacional de Minería) following which the Administrative Court of Tolima still needs to dismiss the case. Until such time, the injunction remains in place.

The consolidated La Colosa class action lawsuit originally consisted of four separate class actions. In relation to this project, in October 2016, Tolima’s Administrative Court ordered that a technical study be prepared by a panel of seven experts (selected by the plaintiff, AGAC, universities, the Colombian government and an NGO) to determine whether the La Colosa project presents a “threat” to the environment during its exploration phase. In December 2017, Ibagué’s Third Administrative Court ordered that another technical study, similar to the one described in the October 2016 order, be prepared for the La Colosa project. AGAC appealed both orders. In 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 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.

Further, while the plaintiffs in the La Colosa class action have petitioned the courts to cancel the mining concession contracts, the Company believes that the judiciary system in Colombia does not have the authority to order such cancellation. Such power, by law, vests solely in the Colombian government which, through the relevant Colombian mining authorities, has the discretion to declare concessions void if a concession holder breaches applicable environmental laws or regulations. The Colombian government, as the authority granting the mining concession contracts, is also a defendant in this class action lawsuit together with AGAC. AGAC continues to oppose, through a variety of integrated legal and political strategies, the class action lawsuit that was filed against it. However, if the plaintiffs prevail and AGAC is unable to perform its core concession contracts as a result of the judicial decision, the Company would be required to abandon the project.

Cortolima’s injunction against AngloGold Ashanti Colombia S.A.S. (AGAC): In March 2013, Cortolima, a regional environmental authority in the Tolima department, issued a regulatory injunction against AGAC alleging, among other things, that in relation to certain of AGAC’s La Colosa mine design-related activities in the municipality of Piedras, AGAC engaged in drilling and other activities that could have negative effects on the environment. The 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 initiated legal proceedings before the Council of State of Colombia (the highest court for administrative matters) seeking annulment of the injunction as well as restoration of its rights to continue its activities in the area. In November 2019, the Council of State ruled that the competent judicial authority to decide on this matter is the Administrative Court of Tolima and referred the case to that court. In July 2020, the Twelfth Administrative Court of Tolima ruled that since the injunction is a preliminary and temporary measure imposed as part of the administrative approval process within Cortolima and not a final decision, it is not yet amenable to administrative judicial review. In July 2021, this decision was reversed on appeal by the Administrative Superior Court of Tolima in a ruling that such injunctions are amenable to administrative judicial review. The appellate court ordered the Twelfth Administrative Court of Tolima to review the matter and issue a decision thereon. Consequently, the Twelfth Administrative Court of Tolima admitted the case and a first hearing was held on 21 April 2022. Trial evidence was accepted. On 25 October 2022, another hearing was held to gather testimonies. The case remains pending. The Company expects that a final resolution of this



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matter will include payment of a penalty by AGAC in an amount that is not expected to be material. While the injunction remains in place, AGAC is not able to engage in certain of its activities related to the La Colosa project.

Piedras and Cajamarca popular consultations: In 2013, the local council of the city of Piedras, near the La Colosa project, organised a popular consultation to ban all mining activities in Piedras (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 (due to its distant location from the project), AGAC believes the Piedras popular consultation was in violation of national law in Colombia. In 2013, AGAC filed a ‘tutela’ action (a legal action alleging a violation of constitutional rights) with the Council of State of Colombia (the highest court for administrative issues). In 2014, AGAC’s ‘tutela’ action was dismissed by the Council of State for lack of standing on the grounds that AGAC did not have mining tenements in Piedras. In addition, in 2015, AGAC filed a request for annulment of the administrative 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 subsequently appealed this ruling. In July 2021, AGAC was notified that the Administrative Superior Court of Tolima ruled on appeal that, in light of the 2018 decision of the Constitutional Court of Colombia (the highest court for constitutional issues) holding that local municipalities or regions are not entitled to veto mining activities through popular consultations (as further described below), the results of the Piedras popular consultation, and the administrative acts adopted in furtherance thereof, were not enforceable. An extraordinary appeal against this ruling was submitted on 22 March 2022, which is pending. In addition, in September 2021, a third party filed a ‘tutela’ action with the Council of State arguing that the Administrative Superior Court of Tolima did not have the authority to determine that the results of the Piedras popular consultation, and the administrative acts adopted in furtherance thereof, were not enforceable. In December 2021, the Council of State dismissed this ‘tutela’ action for lack of standing.

In 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 project (Cajamarca popular consultation). However, the Mining Minister of Colombia subsequently publicly confirmed that Cajamarca’s vote does not apply retroactively implying the Cajamarca popular consultation did not have an immediate impact on AGAC’s rights with respect to the La Colosa project. In April 2017, AGAC nevertheless suspended all exploration activities at the La Colosa project until there is more certainty about mining activity in Colombia. In 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 AGAC’s mining contract in Cajamarca on the grounds of the results of the Cajamarca popular consultation. After having admitted the annulment claim in December 2019, the Administrative Court of Cundinamarca dismissed the plaintiffs’ claim in May 2021 on procedural grounds. The plaintiffs subsequently appealed this decision and the appeal is currently pending before the Council of State.

La Colosa Human Rights Litigation: In November 2014, the Personero (Ombudsman) of Ibagué, the capital of the Tolima department, filed a 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 (Court) which is an autonomous judicial institution based in San José, Costa Rica whose purpose is the application and interpretation of the Convention. The petition alleges that the Colombian government denied justice to the Personero as a result of the failure of the Colombian judiciary to resolve the issues raised in two class actions filed 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 Commission currently has not accepted nor referred the case to the Court. If the case would 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 up with the Colombian government for updates.

Paramo Delimitation: In November 2016, the Colombian government issued Resolution 1987/2016 delineating certain wetlands or moorlands as environmentally important protected areas, which designation includes certain areas in and around the La Colosa project. In these areas there are limitations, or in some instances outright bans, on mining and mining-related activities. These limitations and bans could potentially adversely impact the design, operations and production of the mining project at the La Colosa project. In June 2017, AGAC filed suit against the Colombian Ministry of the Environment in the Administrative Court of Cundinamarca to annul Resolution 1987/2016 on technical and other grounds. The lawsuit was admitted in April 2019. The Ministry of the Environment, as defendant in this action, is expected to file its response to the annulment claim.

Zonte Metals: 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 which 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 Council of State 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 Gramalote Colombia Limited (Gramalote) from progressing a pending application to integrate the disputed corridors with Gramalote’s tenement. The Antioquia Secretary of Mines has filed its response to the Zonte Metals claim, which includes arguments



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aligned with the interests and position of Gramalote. In September 2017, the Council of State approved Gramalote’s request to be made an interested party to the lawsuit, but it rejected Gramalote’s request to join the Antioquia Secretary of Mines as a co-defendant in August 2019. In 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: In April 2013, AngloGold 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 file their application for directions in time. In 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 resulting from the failure of their crops. This matter has been adjourned indefinitely. As plaintiffs in these matters have not actively pursued these legal proceedings, AGAG is taking steps to have these matters dismissed for want of prosecution.

Ghana 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. In January 2019, the Ghanaian Attorney General filed its statement of case, agreeing with the position of the plaintiffs (that the mining leases required parliamentary ratification) and requesting that the Supreme Court order the mining companies to pay the Ghanaian government all revenue related to mining activities accrued during the time such mining leases were unratified. In April 2019, AGAG and AAIL, in coordination with the other mining companies, filed their statement of case. The Supreme Court has not yet set a date for the first hearing to commence the case.

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. Even though both parties had originally decided to submit their dispute to an independent audit firm to be appointed by a common 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 of Guinea. This matter has been dormant since it was handed over to the Inspector General.

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 TZS9.6 billion (approximately $6 million). In April 2015, the High Court issued a judgment in favour of GGM. In 2016, plaintiffs appealed to the Court of Appeal, where the matter is pending.

Geita Gold Mining Limited (GGM) and Samax Resources Limited (Samax) v. Government of Tanzania: In July 2017, GGM and Samax filed a notice of arbitration against the government 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 government of Tanzania and each 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. Since January 2019, at the request of the parties, the arbitral proceedings have been stayed several times in order to afford the parties the opportunity to achieve an amicable resolution of the dispute and as a result of the impact of the COVID-19 pandemic. In October 2022, the parties agreed to stay the arbitration proceedings for a further period of 12 months until 6 November 2023.

Arbitration under the United Kingdom-Tanzania Bilateral Investment Treaty (UK-Tanzania BIT):Unrelated to the arbitration proceedings under the MDA described above, in September 2017, GGM and Samax, together with Cluff Oil Limited and Cluff Mineral Exploration Limited, notified the government of Tanzania in writing that the Tanzanian government’s conduct amounted to a breach of its commitments under the UK-Tanzania BIT. 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. Following the expiry of the ‘cooling off’ period in March 2018, GGM, Samax, Cluff Oil Limited and Cluff Mineral Exploration Limited are now entitled to submit their dispute with the government of Tanzania to ICSID arbitration in accordance with the terms of the UK-Tanzania BIT to the extent that they may deem this necessary.







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BRAZIL

Public Civil Action between Mineração Serra Grande S.A. (MSG) and the Goiás State Public Prosecutor's Office (Prosecutor): In 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, completely deactivate the tailings dam by 15 September 2021 and 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 in September 2019 and contends that it has not violated any Brazilian laws or regulations applicable to operations of the Serra Grande tailings dam. In February 2020, the Court granted an injunction in respect of a number of the requests made by the Prosecutor. 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. MSG filed a motion for clarification in relation to certain items of the Court’s decision. In May 2020, the Court clarified that its injunction should be interpreted in line with the legal requirements of ANM Resolution No. 13/19. In June 2020, the Prosecutor presented further technical arguments in court, reiterating its request for an injunction ordering MSG to, inter alia, deactivate the tailings dam by September 2021 and to decommission the tailings dam, including complete removal of tailings material. Afterwards, MSG filed an interlocutory appeal against the preliminary injunction granted in February 2020 and a motion for further clarification. In August 2020, both MSG and the Prosecutor filed petitions informing the Court that the parties did not wish to produce oral evidence at a hearing. In May 2021, the Court upheld the preliminary injunction ordering the deactivation of the Serra Grande tailings dam by 15 September 2021 and its decommissioning by 15 September 2025, both of which are consistent with the deadlines established by existing legal and regulatory requirements. In June 2021, the Prosecutor appealed this decision. The Court of Appeals of Goiás tried the case on 4 August 2022 and has affirmed the first instance decision. On 3 November 2022, the Prosecutor appealed this decision to the Superior Court of Justice.

Public Civil Action between AngloGold Ashanti Córrego do Sítio Mineração SA (AGA Mineração) and the Minas Gerais State Public Prosecutor's Office (Prosecutor): In 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 dam if the “dam break” studies identify communities that are located in the self-rescue zone. In 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 dams 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. During the months of March through May 2020, all parties presented their arguments in court. In June 2020, the Court rejected the Prosecutor’s request to grant an injunction. In July 2020, the Court’s decision not to grant an injunction was upheld on appeal by the Court of Appeals of Minas Gerais. Subsequently, the Court issued an order proposing a conciliation hearing between the parties, to which none of the parties objected. On 28 January 2022, the parties filed a joint petition requesting the cancellation of the conciliation hearing and the suspension of the legal proceedings in view of negotiations between the parties to explore a possible settlement. On 2 June 2022, AGA Mineração and the Prosecutor entered into a settlement. Pursuant to the settlement, AGA Mineração will, among other measures, update the emergency action plan and decommission the Cuiabá tailings dam according to the schedule filed with the relevant mining and environmental agencies. AGA Mineração will also prepare a technical study to assess the potential evacuation of communities from the self-rescue zone during the decommission stages. The Court approved the settlement on 29 July 2022 and the public civil action was terminated.






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DIVIDENDS

General

Dividends are proposed by and approved by the board of directors of AngloGold Ashanti (the “board”), based on the Company’s financial performance and compliance with applicable laws, including in respect of the solvency and liquidity test contemplated in the SA Companies Act. Dividends are recognised when declared by the Board. AngloGold Ashanti’s dividend policy allows the Board to declare a semi-annual dividend to be based on 20 percent of the free cash flow generated by the business for that financial year, before taking into account growth capital expenditure, subject to applicable laws required to be complied with before a dividend may be declared by the Board. 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.

As a company incorporated in accordance with and bound by the company laws of the Republic of South Africa with its primary listing on the Johannesburg Stock Exchange, AngloGold Ashanti is required to declare dividends in South African rands. Therefore, 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.

The dividends tax is generally imposed on the beneficial owner of the dividends. The dividends paid to South African shareholders may be exempt from dividend withholding tax in terms of certain domestic exemptions, or may be reduced to a lower rate under an applicable double tax treaty, if the required declarations and undertakings are provided by the beneficial owner of the dividend. In the case of dividends paid to a US holder with respect to shares, 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 (the “US/SA Double Taxation 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 ten percent of the voting stock of AngloGold Ashanti. In all other cases, the maximum tax rate under the US/SA Double Taxation Treaty is 15 percent of the gross amount of the dividend. Different rules may 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 permanent establishment situated in South Africa, and the dividends are attributable to such permanent establishment.













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8B.    SIGNIFICANT CHANGES

Refer to “Item 18: Financial Statements—Note 35—Subsequent Events”.





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ITEM 9: THE OFFER AND LISTING


9A.    OFFER AND LISTING DETAILS

The principal trading markets for AngloGold Ashanti’s ordinary shares are the New York Stock Exchange (NYSE), in the form of ADSs, under the symbol “AU” and the JSE Limited, in the form of ordinary shares, under the symbol “ANG”. Each ADS represents one ordinary share.






9B.    PLAN OF DISTRIBUTION

Not applicable.






9C.    MARKETS

NATURE OF TRADING MARKET

The principal trading markets for AngloGold Ashanti’s ordinary shares are the NYSE, in the form of ADSs, under the symbol “AU” (each representing one ordinary share) 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 “AAD”, and the Australian Securities Exchange, in the form of CHESS Depositary Interests (each representing one-fifth of an ordinary share) under the symbol “AGG”. AngloGold Ashanti was approved for a secondary listing on A2X Markets (A2X) in South Africa and its shares were admitted to trading on A2X on 6 June 2022 under the symbol “ANG”.






9D.    SELLING SHAREHOLDERS

Not applicable.






9E.    DILUTION

Not applicable.






9F.    EXPENSES OF THE ISSUE

Not applicable.



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ITEM 10:    ADDITIONAL INFORMATION


10A.SHARE CAPITAL

Not applicable.






10B.MEMORANDUM OF INCORPORATION

At the annual general meeting held on 16 May 2022, AngloGold Ashanti received approval from shareholders (by way of a special resolution) to amend the MoI as follows:

1.by the deletion of the phrase “Subject to 9.4.3, this” at the beginning of clause 1.3 and the replacement thereof with the word “This”;
2.by the deletion of clause 9 (Rights Attaching to Preference Shares) in its entirety; and
3.by the amendment of Schedule 1 (Authorised Shares) as follows:

3.1    by the deletion of paragraphs 2, 3 and 4 of Schedule 1 in their entirety; and
3.2    by the deletion of the table at the end of Schedule 1 in its entirety and the replacement thereof with the following new table:

Share capitalSouth African Rands
600,000,000 ordinary shares of R0.25 each150,000,000

The reason for these amendments is to comply with the provisions of the SA Companies Act and the JSE Listings Requirements and, following the recent redemption of all of the A redeemable preference shares and B redeemable preference shares of the Company, to remove all references in the MoI to the A redeemable preference shares, the B redeemable preference shares and the C redeemable preference shares, as well as all of the provisions relating to all such redeemable preference shares, and thereby to remove all such redeemable preference shares from the authorised share capital of the Company.

Registration

AngloGold Ashanti is incorporated under the company laws of the Republic of South Africa and is registered with the Companies and Intellectual Property Commission under registration number 1944/017354/06. The SA Companies Act has abolished the requirement for specific “object and purpose” provisions to be included in a memorandum of incorporation and although the MoI is 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 the pertinent provisions, including the 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 SA Companies Act and the Companies Regulations, 2011, promulgated under the SA Companies Act (the “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 SA 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 1 May 2011 (the effective date of the SA 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. Should the company wish, it may also elect to convert its authorised par value shares to shares of no par value, subject to the relevant process and approvals contemplated in the SA Companies Act.



Directors



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The management and control of any business of AngloGold Ashanti is vested in its 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 and the SA Companies Act.

The board 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 chairperson 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 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 SA 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 or she 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 SA Companies Act in this regard are unalterable and will automatically apply, together with the applicable common law rules. Under the SA 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 SA 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 SA Companies Act, remain present during the meeting when the matter in which he/she has interest is being discussed but will be counted as present for the purposes of a quorum (but is not to be regarded as being present at the meeting for the purposes of determining whether a resolution has sufficient support to be adopted).

Share Rights, Preferences and Restrictions

Allotment and Issue of Ordinary Shares

Subject to the JSE Listings Requirements, the SA 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 ordinary shareholdings, unless they are issued for the acquisition of assets. The shareholders in a general meeting may authorise the board to issue any unissued ordinary shares.





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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 distributions (as defined in the SA Companies Act, which includes dividends), subject to the Company satisfying the solvency and liquidity test as set out in section 4 of the SA 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.

As a Company incorporated and registered in the Republic of South Africa with its primary listing on the Johannesburg Stock Exchange, AngloGold Ashanti is required to declare dividends in South African rands. Dividends are paid in South African rands, Australian dollars, Ghanaian cedis and 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—The Deposit Agreement”.

Although not stated in the MoI, but subject to the JSE Listings Requirements and the SA Companies Act, 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 Australian Chess Depositary Interests (CDIs) and Ghanaian 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 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.

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 SA Companies Act and the JSE Listings Requirements.

The directors are authorised, subject to any requirements of the JSE Listings Requirements, the SA Companies Act, the Regulations 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 be made to the MoI. The SA Companies Act and the JSE Listings Requirements currently do 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 ordinary shares confer the right to participate equally in any surplus arising from the liquidation of all assets of AngloGold Ashanti.







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Shareholders’ Meetings

The directors may convene meetings of AngloGold Ashanti shareholders. Subject to the provisions of the SA 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 SA 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 at which they are entitled to vote.

The quorum of a shareholders’ meeting 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 and remain 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 (i) acquires a beneficial interest in sufficient securities of a class of securities issued by AngloGold Ashanti such that, as a result of the acquisition, the person holds a beneficial interest in securities amounting to five percent, ten percent, fifteen percent or any further whole multiple of five percent of the issued securities of that class or (ii) disposes of any beneficial interest in sufficient securities of a class of securities issued by AngloGold Ashanti such that, as a 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 is 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 ten 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 SA Companies Act, a shareholder or director may, under certain circumstances, seek relief from a 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, or 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 SA 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 SA Companies



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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 registers and delivers AngloGold Ashanti’s American Depositary Shares, or ADSs. Please see “Item 10C: Material Contracts—Description of AngloGold Ashanti ADSs”.



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10C.MATERIAL CONTRACTS

Multi-currency Revolving Credit Facility

General

On 23 October 2018, AngloGold Ashanti Holdings plc (“AGAH”) and AngloGold Ashanti Australia Limited, as borrowers, entered into a five-year unsecured multi-currency syndicated revolving credit facility of $1.4 billion (the “2018 multi-currency RCF”) with the Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The loan consisted of (i) a US dollar based facility with interest charged at a margin of 1.45% above LIBOR and (ii) an Australian dollar based facility capped at A$500 million with interest charged at a margin of 1.45% above BBSY. The A$500 million portion of the 2018 multi-currency RCF was 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. On 9 June 2022, the 2018 multi-currency RCF was repaid and cancelled, and replaced with the 2022 multi-currency RCF (as defined below).

On 9 June 2022, AGAH and AngloGold Ashanti Australia Limited, as borrowers, entered into a new five-year unsecured multi-currency syndicated revolving credit facility of $1.4 billion (the “2022 multi-currency RCF”) maturing in June 2027, with the option of two one-year extensions on application. The 2022 multi-currency RCF was entered into with The Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The 2022 multi-currency RCF consists of (i) a US dollar based facility (base currency) and (ii) an Australian dollar based facility capped at A$500 million which 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 2022 multi-currency RCF was entered into on substantially similar terms to the 2018 multi-currency RCF, save in respect of the basis for the US dollar interest rate which transitioned from LIBOR to Compounded SOFR. As of 10 March 2023, the equivalent of $37 million was drawn under the AUD portion of the 2022 multi-currency RCF.
Guarantees

The 2022 multi-currency RCF is guaranteed by AGAH and AngloGold Ashanti 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.

Security

Save as set out under the heading “—Guarantees” above, the obligations under the 2022 multi-currency RCF are unsecured.

Amount and repayment of borrowings

Loans under the 2022 multi-currency RCF must be for a minimum of $10 million, if the currency selected is the base currency (US dollar), or a minimum of A$10 million (or for the balance of the undrawn total commitments at the time of the drawing), if the currency selected is Australian dollars. No more than 14 loans may be outstanding at any time. Each loan must be repaid on the maturity date in the same currency as the maturing loan. All loans must be repaid in full on the final maturity date. The 2022 multi-currency RCF matures in June 2027, with the option of two one-year extensions on application.

Interest rates and fees

The interest rate under the 2022 multi-currency RCF is calculated based on Compounded SOFR in the case of loans drawn in US dollars and BBSY in the case of loans drawn in Australian dollars, in each case plus a margin. The initial margin is 1.45 percent per annum, but may vary between 0.90 percent and 2.15 percent per annum depending on the long-term debt rating of AGAH. The applicable margin is subject to a ratings grid. In this regard, the interest margin will reduce if the group's credit rating improves from its current BB+/Baa3 status and will increase if its credit rating worsens. Interest on each loan is payable on the last day of the relevant loan’s interest period and, if the interest period exceeds six months, on the dates falling at six-monthly intervals after the first day of the interest period.

The borrowers under the 2022 multi-currency RCF 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 0.10 percent per annum (if the aggregate outstanding loans are less than one third of the total commitments then in effect), 0.20 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 0.40 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




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The 2022 multi-currency RCF includes 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 agreement) 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, for one six-month period subject to certain criteria. Refer to “Item 18: Financial Statements—Note 34—Capital Management” for the formulae used in the revolving credit agreement to test compliance with the covenants.

Change of control

If a lender so requires, the commitment of such lender under the 2022 multi-currency RCF 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 or (as applicable) an eligible successor holding company of AGAH.

Undertakings

The 2022 multi-currency RCF contains a negative pledge covenant, 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 2022 multi-currency RCF also contains, among other things, 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 AGAH 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

The 2022 multi-currency RCF contains 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 and the occurrence of a material adverse change in the business and financial condition of the borrowers and guarantors under the revolving credit agreement, 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 2022 multi-currency RCF and the other loan documents.

The above description is only a summary of certain provisions of the 2022 multi-currency RCF and is qualified in its entirety by reference to the provisions of the 2022 multi-currency RCF, a copy of which is attached hereto as Exhibit 19.4.4.1 and is incorporated herein by reference.

Notes

Each of the series of notes described below were issued under the indenture, dated as of 28 April 2010, among AngloGold Ashanti Holdings plc (“AGAH”), as issuer, AngloGold Ashanti Limited, as guarantor, and The Bank of New York Mellon, as trustee (the “Indenture”). The below descriptions are only a summary of certain provisions of those series of notes and are qualified in their entirety by reference to the provisions of the Indenture and such relevant series of notes, a copy of each – in respect of the outstanding series of notes – is attached hereto as Exhibits 19.2.1, 19.2.2, 19.2.3, 19.2.4 and 19.2.5 and is incorporated herein by reference.

2028 Notes

On 22 October 2021, AGAH issued $750 million 3.375 percent Notes due 2028 (the “2028 notes”). The interest on the 2028 notes is payable semi-annually on 1 May and 1 November of each year, commencing on 1 May 2022. AGAH may on any one or more occasions redeem all or part of the 2028 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2028 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2028 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 30 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 2028 notes. The 2028 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 2028 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



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of control of the guarantor and a downgrade, within a specified period, of the 2028 notes by three rating agencies, holders of the 2028 notes have the right to require the issuer to repurchase all or any part of their 2028 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2028 notes repurchased, plus accrued and unpaid interest, if any, on the 2028 notes repurchased to the date of repurchase.

The offering of the 2028 notes was registered under the Securities Act. The 2028 notes were listed on the New York Stock Exchange.


2030 Notes

On 1 October 2020, AGAH issued $700 million 3.750 percent Notes due 2030 (the “2030 notes”). The interest on the 2030 notes is payable semi-annually on 1 April and 1 October of each year, commencing on 1 April 2021. AGAH may on any one or more occasions redeem all or part of the 2030 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2030 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2030 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 2030 notes. The 2030 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 2030 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 2030 notes by three rating agencies, holders of the 2030 notes have the right to require the issuer to repurchase all or any part of their 2030 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2030 notes repurchased, plus accrued and unpaid interest, if any, on the 2030 notes repurchased to the date of repurchase.

The offering of the 2030 notes was registered under the Securities Act. The 2030 notes were listed on the New York Stock Exchange.

2022 Notes

On 30 July 2012, AGAH issued $750 million 5.125 percent Notes due 2022 (the “2022 notes”). The interest on the 2022 notes was payable semi-annually on 1 February and 1 August of each year, commencing on 1 February, 2013. AGAH was permitted on any one or more occasions to redeem all or part of the 2022 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2022 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2022 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 had 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 2022 notes. The 2022 notes were unsecured and unsubordinated and were fully and unconditionally guaranteed by AngloGold Ashanti Limited.

AGAH had agreed to observe certain covenants with respect to the 2022 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 2022 notes below an investment grade rating by two rating agencies, holders of the 2022 notes had the right to require the issuer to repurchase all or any part of their 2022 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2022 notes repurchased, plus accrued and unpaid interest, if any, on the 2022 notes repurchased to the date of purchase.

The offering of the 2022 notes was registered under the Securities Act. The 2022 notes were listed on the New York Stock Exchange.

The 2022 notes were redeemed in October and November 2021 and are no longer outstanding.

2020 Notes and 2040 Notes

On 28 April 2010, AGAH issued $700 million 5.375 percent Notes due 2020 (the “2020 notes”) and $300 million 6.500 percent Notes due 2040 (the “2040 notes” and together with the 2020 notes, the “2010 notes”). The interest on the 2010 notes is payable



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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 2020 notes and 30 basis points with respect to the 2040 notes, 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. The 2020 notes were repaid at maturity on 15 April 2020 and are no longer outstanding.

For further information, see “Item 18: Financial Statements—Note 24—Borrowings”,“Item 5B: Liquidity and Capital Resources” and “Item 19: Exhibits to Form 20-F”.

Description of AngloGold Ashanti ADSs

The Bank of New York Mellon registers and delivers AngloGold Ashanti’s American Depositary Shares, or ADSs. Each 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 (the “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 statements on Form F-6 (Registration Nos. 333-133049 and 333-159248) on 27 May 2008 and 14 May 2009, respectively. A copy thereof is also attached hereto as Exhibit 19.2.6 and is incorporated herein by reference. See “Item 10H: Documents on 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 240 Greenwich Street, New York, New York 10286.

Description of the ADSs

The Bank of New York Mellon, as Depositary, registers and delivers ADSs. Each ADS represents one ordinary share (or a right to receive one share) deposited with Standard Bank of South Africa Limited or HSBC Bank Australia Limited, each as a custodian for The Bank of New York Mellon, and both of which are referred to collectively as the “Custodian”. Each ADS also represents 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 are administered is located at 240 Greenwich Street, New York, New York 10286. The Bank of New York Mellon’s principal executive office is also located at 240 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.




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AngloGold Ashanti does 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 Custodian 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 it 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 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 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.




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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 Securities Act. 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 impracticable 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 its 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 Office 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 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.





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Fees and Expenses
ADS holders must pay:For:
$5.00 (or less) per 100 ADSsEach 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 ADSAny cash payment
Registration or transfer feesTransfer 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 yearDepositary services
Expenses of The Bank of New York MellonConversion 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 Custodian has to pay on any ADS or AngloGold Ashanti ordinary share underlying an ADS; for example, stock transfer taxes, stamp duty or withholding taxesAs necessary
A fee equivalent to the fee that would have been payable if the securities distributed had been ordinary shares deposited for issuance of ADSsDistribution of securities distributed to holders of deposited securities that are distributed by The Bank of New York Mellon to ADS holders





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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 The 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;



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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, 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 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 ADSs.

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 collateralised with cash, US government securities, or other collateral that The Bank of New York Mellon considers appropriate; and
The 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



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the DTC account of that DTC participant without receipt by the Depositary of prior authorisation 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 will send 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.




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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 South Africa. Exchange controls are administered by the Financial Surveillance Department of the South African Reserve Bank (SARB), in terms of the Exchange Control Regulations, and regulate transactions involving South African residents and non-residents, with the exception of transactions between South African residents and residents of the Common Monetary Area, which comprises the Kingdoms of Lesotho and Eswatini (formerly Swaziland) and the Republic of Namibia. The purpose of exchange controls is to mitigate the decline of foreign capital reserves in South Africa.

The Government of South Africa has, however, committed itself to relaxing exchange controls gradually and significant relaxation has occurred in recent years.

The comments below relate, in general, to exchange controls in place at the date of this annual report.

Investments in South African companies

Acquisitions of shares or assets of South African companies by non-South African purchasers are generally subject to review and approval by the SARB, particularly where the consideration is payable in a form other than cash. In this regard, the SARB will give approval where it is persuaded, inter alia, that the consideration payable for the acquisition of the shares or assets is an arm’s-length consideration and that such acquisition offers benefits to South Africa. In addition, where shares in a South African company are acquired by a non-resident, the share certificates issued to the non-resident shareholder must be endorsed “non-resident” by the SARB (or an Authorised Dealer).

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, provided that the shares in respect of which the dividends are declared have been endorsed “non-resident” by the SARB or an Authorised Dealer at the time of acquisition. 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.



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10E.Taxation

South African taxation

General
The following section provides a summary of the South African tax consequences consequent upon 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 practice of the South African Revenue Service (SARS), the US/SA Double Taxation Treaty, and in part upon representations made by the Depositary, on the basis that it 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, with a fixed base situated therein, or who is otherwise not entitled to the full benefits under the US/SA Double Taxation Treaty. It should be appreciated that South Africa ratified the Multilateral Convention to Implement Tax Treaty-related measures to prevent Base Erosion and Profit Shifting (BEPS MLI) on 30 September 2022 and that one should thus read the applicable treaty, including the US/SA Double Taxation Treaty, in this context.

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 US/SA Double Taxation 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.

The dividends tax is generally imposed on the beneficial owner of the dividends. The dividends tax is subject to domestic exemptions or relief in terms of an applicable double taxation treaty. The application of such domestic exemptions or relief in terms of an applicable double taxation treaty is subject to the making of certain declarations and undertakings by the beneficial owner of the dividends to the regulated intermediary making payment of the dividend. In terms of the latest amendments to the tax provisions, the declaration and undertaking entitling the beneficial owner to a reduced dividend withholding tax rate must be renewed every five years, subject to certain exemptions.

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 US/SA Double Taxation 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 ten percent of the voting stock of the Company, 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 US/SA Double Taxation Treaty is 15 percent of the gross amount of the dividend.

Different rules may 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 services from a permanent establishment 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, certain South African compliance requirements must be met in order to obtain the double tax treaty relief, including amongst others the completion of a declaration and undertaking by the beneficial owners in favour of the Company and/or the relevant regulated intermediary.

In terms of the latest tax provisions the declaration and undertaking need to be renewed at least every five years unless the regulated intermediary is subject to the provisions of inter alia the US Foreign Account Tax Compliance legislation.

A dividend is currently defined as any amount transferred or applied by a company that is a resident (including the Company) 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. The definition of



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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 of such repurchase would not constitute 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 would likely 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, less the amount of CTC that has been returned to shareholders. Any application of CTC is limited to the holders of a class of shares. In addition, 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. The definition of CTC is subject to various provisos. Recently the definition of CTC was amended to make it clear that CTC can only be transferred to shareholders proportionally.

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.

Dividends are generally exempt from the payment of income tax, subject to various exclusions. If a dividend is not exempt from income tax it follows that dividends tax will not also be levied.

Taxation of capital gains on sale or other disposition

South African residents are 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).The general corporate income tax rate has recently been reduced to 27 percent.

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 and buildings 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.

Gains realised on the sale of ordinary shares are deemed to be of a capital nature and subject to capital gains tax provided the ordinary shares have been held for a continuous period of at least three years. This deeming provision is applicable to all executives“equity shares” as defined in section 1 of the South African Income Tax Act, No. 58 of 1962 (the “SA Income Tax Act”), and may not extend to preference shares or ADSs where the preference shares or ADSs do not constitute “equity shares” as so defined.

The meaning of the word “resident” is different for individuals and corporations and is governed by 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 or constitute an interest in immovable property as indicated below:above. In contrast, gains on the disposal of securities which are not capital in nature are usually subject to income tax. Any asset held as a long-term investment will be considered a capital asset and subject to capital gains tax on the disposal of such an asset. Any asset acquired for purposes of resale as part of a profit-making scheme will not be considered a capital asset and will be subject to income tax on the disposal of such an asset. 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.
Executive directors
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, redemption or cancellation thereof.




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STT on transfers of securities is charged at a rate of 0.25 percent on the ‘taxable amount’ in respect 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’ 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. Apart from STT thus being payable upon the conversion of ADSs to shares and vice versa, , STT could also be payable on the transfer of a depositary receipt issued by a company, including specifically the ADSs issued by the Company. 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. The person to whom the listed security is transferred is liable for payment of the STT, and such tax must be paid through 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. The tax so payable may be recovered from the person to whom the security is transferred. The tax must be paid by the fourteenth day of the month following the month during which the transfer occurred.

Withholding tax on interest

Generally, a 15 percent withholding tax may apply to the payments of interest.Under the US/SA Double Taxation Treaty, interest derived and beneficially owned by a resident of the United States will be taxable only in the United States (and therefore not subject to interest withholding tax in South Africa), subject to certain exclusions.

Value-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 are subject to VAT at the standard rate of 15 percent.

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. 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 US/SA Double Taxation 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) ten 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 through such entities, persons holding their shares as part of a straddle, hedging or conversion transaction, persons who acquired their shares pursuant to the exercise of employee stock options or otherwise as compensation, 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 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, any state thereof or the District of 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



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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, 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, the holder is urged to consult its own tax advisor regarding the specific tax consequences of the ownership and disposition of the 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 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 US/SA Double Taxation 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

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 US/SA Double Taxation 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. AngloGold Ashanti currently believes that dividends paid with respect to its shares should constitute qualified dividend income for US federal income tax purposes. Each individual US holder of AngloGold Ashanti shares is urged to consult his own tax advisor regarding the availability of the reduced dividend tax rate in light of his own particular situation.




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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

If a US holder is a resident of the United States for purposes of the US/SA Double Taxation Treaty, such holder will not be subject to South African tax on any capital gain if it sells or disposes of its 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 the sale, exchange or other disposition of shares, 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’s tax basis, determined in US dollars, in the 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 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 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 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), or the date of purchase in all other cases. 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 settlement date for the sale or disposition (in the case of shares traded on an established securities market that are sold by a cash basis US holder or an electing accrual basis US holder), or the date of sale or disposition in all other cases. In addition, in such other cases, 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. 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
A foreign corporation will be classified a passive 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 2022 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.

These consequences may include having gain realised on the disposition of shares treated as ordinary income rather than capital gain 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
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 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). 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.




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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 foreign persons, (ii) financial instruments and contracts held for investment that have foreign issuers or counterparties and (iii) interests in foreign entities. Therefore, the shares 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.







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10F.    DIVIDENDS AND PAYING AGENTS

Not applicable.






10G.    STATEMENT BY EXPERTS

Not applicable.






10H.Documents on Display

AngloGold Ashanti files annual reports on Form 20-F and reports on Form 6-K with the SEC. You may access this information at the SEC’s home page (http://www.sec.gov). Copies of the documents referred to herein may be inspected at AngloGold Ashanti’s offices by contacting AngloGold Ashanti at 112 Oxford Road, Houghton Estate, Johannesburg, 2198 (Private Bag X 20, Rosebank, 2196) South Africa, Attention: Company Secretary, telephone number: +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.






10J.     Annual Report to Security Holders

AngloGold Ashanti intends to submit its annual report provided to security holders in electronic format as an exhibit to a current report on Form 6-K.



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ITEM 11: QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK

TREASURY POLICY

Risk management activities within the Group are the ultimate responsibility of the board. The Chief Financial Officer is responsible to the board 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 financial and risk management policy, hedges may be put in place once approved by the Board, using approved instruments over the Group’s planned gold production and resultant gold sales and currency exposures. The financial and risk management policy sets trading limits for the various levels of treasury management from dealer, through treasurer, executive management team and board members.

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 financial and risk management policy, treasury reports are produced at the following minimum intervals for review by management and the board of directors:
DailyTreasury Manager
WeeklyTreasurer
MonthlyTreasurer
QuarterlyAudit and Risk Committee and Board of Directors

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 and other commodities 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.

As at 31 December 2022, the Group had no commitments against future production potentially settled in cash.

In July 2022, AngloGold Ashanti entered into forward contracts for a total of 999,000 barrels of Brent Crude oil for the period January 2023 to December 2023 that will be cash settled on a monthly basis against the contract price. The average price achieved on the forward contracts is $89.20 per barrel of Brent Crude oil. At 31 December 2022, the mark-to-market value of these oil derivatives was an unrealised loss of $6 million.

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.




267


As at 31 December 2022 and 2021, the Group had no open forward exchange or currency option contracts in its currency hedge position.

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.

Interest rate and liquidity risk

Fluctuations in interest rates impact 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
20222021
Maturity dateCurrencyFixed 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$— 507 3.48 — 301 0.10 
ZAR1,471 6.87 — 1,337 3.54 — 
AUD— — 49 1.07 — — 72 — 
BRL— — 52 11.57 — — 106 4.27 
ARS18,178 66.50 2,362 65.50 13,256 34.00 — 
CAD— — — — — — 353 0.19 
GBP— — 1.54 — — — — 

Borrowings maturity profile
Within one yearBetween
One and two years
Between Two
and five years
After five yearsTotal
CurrencyBorrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings amount (million)
$16 5.5 63 11.9 58 12.4 1,721 4.1 1,858 
AUD— — — — 54 4.5 — — 54 
TZS3,586 12.5 201,542 12.5 — — — — 205,128 

The table above is based on the borrowings as at 31 December 2022 including borrowing cost and accrued interest but excludes any fair value adjustments.




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Interest rate risk
Fixed for less than one yearFixed for between one and three yearsFixed for greater than three years
CurrencyBorrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Total
Borrowings
amount
(million)
$16 5.5 128 12.1 1,714 4.1 1,858 
AUD— — — — 54 4.5 54 
TZS3,586 12.5 201,542 12.5— — 205,128 

The table above is based on the borrowings as at 31 December 2022 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. 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 $1,210 million in 2022 for financial assets (2021: $1,300 million) and nil for financial guarantees (2021: nil). Credit risk exposure netted by open derivative positions with counterparts was nil (2021: 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)):
20222021
Carrying
Amount
Fair
value
Carrying
Amount
Fair
value
(millions)$$$$
Cash and cash equivalents1,108 1,108 1,154 1,154 
Restricted cash60 60 58 58 
Deferred compensation asset12 12 25 25 
Short-term borrowings(18)(18)(51)(51)
Long-term borrowings(1,965)(1,808)(1,858)(1,960)
Listed investments - FVTOCI116 116 
Listed and unlisted investments

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, except for the deferred compensation asset which is carried at fair value in level 3 of the fair value hierarchy.

Other investments

Listed equity investments classified as FVTOCI and FVTPL are carried at fair value in level 1 of the fair value hierarchy.
Borrowings




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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 December
20222021
(millions)$$
Other commodity contracts(6)— 

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 2022 (actual changes in the timing and amount of the following variables may differ from the assumed changes below).
2022
Change in
exchange rate
Change in
borrowings
Total
$M
Debt
TZS denominated (TZS/$)Spot (+TZS250)(9)
AUD denominated (AUD/$)Spot (+AUD0.1)(2)
2022
Change in
exchange rate
Change in
borrowings
Total
$M
Debt
TZS denominated (TZS/$)Spot (-TZS250)11 
AUD denominated (AUD/$)Spot (-AUD0.1)




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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 DEPOSITARY 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 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 2022

For the year ended 31 December 2022, The Bank of New York Mellon, as Depositary, reimbursed AngloGold Ashanti an amount of $934,248 (2021: $1,083,405) mainly for investor relations-related expenses.





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PART II
ITEM 13:    DEFAULTS, DIVIDEND ARREARAGES AND DELINQUENCIES

None.



272


ITEM 14:    MATERIAL MODIFICATIONS TO THE RIGHTS OF SECURITY HOLDERS AND USE OF PROCEEDS

None.




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ITEM 15: CONTROLS AND PROCEDURES

(a)Disclosure Controls and Procedures:As of 31 December 2022, (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 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.

There have been no 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 2022 that have materially affected, or are reasonably likely to materially affect, the company’s internal control over financial reporting.

See also “Item 3D: Risk FactorsAngloGold 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.”

(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/ G A Doran
Gillian Ann Doran
Chief Financial Officer


/s/ A Calderon
Alberto Calderon
Chief Executive OfficerLEGAL PROCEEDINGS
Within three years of appointment (or for existing executive
There is no material proceeding in which a director, from introduction of this rule) executive director is to accumulate a MSRofficer or affiliate of AngloGold Ashanti sharesis either a party adverse or has a material interest adverse to the valueCompany.

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 100 percentits business.


TAX MATTERS

The State of netMinas 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 MSG’s appeal against the assessment, which amounted to approximately $9.6 million. MSG appealed the dismissal of the case to the State Court of Minas Gerais. Any possible payment by MSG would be set off by an indemnity from Kinross Gold Corporation (Kinross) of $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 Córrego do Sítio Mineração SA and Mineração Serra Grande S.A. (MSG): AngloGold Ashanti’s subsidiaries in Brazil, including AGA Mineração (formerly AngloGold Ashanti Brasil Mineração Ltda) and MSG, are involved in various disputes with the Brazilian tax authorities. These disputes date back as far as 2007 and involve federal tax assessments including income tax, royalties, social contributions, VAT and annual base salary;property tax. Collectively, the total possible amount involved across all tax disputes in Brazil is approximately $46.5 million, which include VAT claims and social security payments of $36 million.
At
Colombian Tax Office (DIAN) v. AngloGold Ashanti Colombia S.A.S. (AGAC) and Gramalote Colombia Limited (Gramalote): Since 2013, AGAC received various notices from the endDIAN that it disagreed with the company’s tax treatment of sixexploration expenditure in its 2010, 2011, 2013 and 2014 income tax returns and its 2011 equity tax return. However, AGAC believes that the DIAN has applied the tax legislation incorrectly and subsequently filed lawsuits before the Administrative Court of Cundinamarca (the trial court for tax litigation) challenging each of the DIAN’s rulings in respect of those tax returns. In 2018, the Administrative Court of Cundinamarca denied AGAC’s arguments with respect to the 2010 and 2011 tax litigation. AGAC subsequently appealed these judgments to the Council of State of Colombia (the highest court for tax matters). In November and December 2022, the Council of State ruled against AGAC upon appeal. The Council of State ordered AGAC to pay $34 million of additional taxes (which includes interest) in respect of the 2010 and 2011 tax returns, but it fully waived any related penalties (which were originally assessed in the amount of $47 million). In December 2022, a tax reform was adopted in Colombia, enacting changes which may lead to a reduction of interest charged on outstanding tax obligations in certain circumstances. In February 2023, AGAC paid $25 million of additional taxes (which includes interest) in respect of the 2011 income and equity tax returns, after taking into account a reduction of $6 million in interest under the tax reform. Following this payment, the 2011 tax litigation was fully settled. AGAC is still awaiting the final decision under the new tax reform in respect of the 2010 tax litigation. AGAC’s other lawsuits with respect to its 2013 and 2014 tax returns are still pending before the Administrative Court of Cundinamarca and the company has disclosed a contingent liability of $5.0 million in respect thereof (mainly covering related penalties).

Since 2019, Gramalote also received various notices from the DIAN that it disagreed with its 2013 and 2014 income tax returns on the same basis as the abovementioned AGAC returns, calculating additional taxes as well as penalties and interest. However, Gramalote also believes that the DIAN has applied the tax legislation incorrectly and subsequently filed lawsuits before the Administrative Court of Cundinamarca challenging each of the DIAN’s rulings in respect of those tax returns. Gramalote’s lawsuits with respect to its 2013 and 2014 tax returns are still pending before the Administrative Court of Cundinamarca. The company has disclosed a contingent liability of $3.0 million in relation to Gramalote’s 2013 and 2014 tax returns (mainly covering related penalties).

The total amount claimed by the DIAN, related to the above tax matters that remain outstanding amounted to $8.1 million of which $8.0 million related to penalties as of 31 December 2022. Following a judgment of the Council of State in July 2019 holding that duplicate penalties may not be charged, the company expects that certain penalties will likely be waived, reducing the overall exposure to $0.1 million in respect of those tax matters. In addition, from 2017 onwards, the deduction of exploration costs is prohibited following a change in Colombian tax legislation. As a result, exploration costs have been treated in accordance with the amended tax legislation subsequent to that date.

Argentina Tax Authority (AFIP) v. Cerro Vanguardia S.A. (CVSA): In July 2013, CVSA received a notification from the AFIP requesting corrections to the 2007, 2008 and 2009 income tax returns of about $0.9 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 $4.2 million. CVSA and AFIP have corresponded on this issue over the past several years, executive directorand the Argentinian tax authorities continue to assert their position regarding the use of the financial derivatives. CVSA filed an appeal with the Tax Court in June 2015, and the parties submitted their final reports in July 2017. The matter is pending with the Tax Court.




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Ghanaian tax authorities v. AngloGold Ashanti (Ghana) Limited (AGAG) withholding tax audits: AGAG received a final tax audit report from the Ghana Revenue Authority (GRA) in which the GRA demanded payment of $9.0 million in respect of withholding taxes on payments to accumulatenon-resident persons. AGAG objected to the GRA’s assessment of withholding taxes on the basis that AGAG was duly exempted by the government of Ghana from withholding taxes on payments made to non-residents during the relevant periods in terms of the Deed of Warranty signed with the government of Ghana. In 2017, AGAG met with the Commissioner-General of the GRA and provided its position in writing together with the relevant supporting documents. AGAG has not yet received a MSRresponse from the Commissioner-General. Due to the statute of limitations applicable to tax assessments in Ghana, the amount of the tax uncertainty is estimated at $6.0 million as at 31 December 2022.

COLOMBIA

Santa María-Montecristo and La Colosa class action lawsuits: Class action lawsuits have been filed in relation to each of AngloGold Ashanti sharesColombia S.A.S.’s (AGAC) Santa María-Montecristo and La Colosa projects. Each of the two lawsuits aims to stop exploration and mining in certain restricted areas affected by the projects due to environmental concerns.

In respect of the Santa María-Montecristo class action lawsuit, in September 2011, the Administrative Court of Tolima granted one of the plaintiffs a preliminary injunction suspending AGAC’s mining concession contracts in relation to this project. AGAC has challenged this injunction, nevertheless, it remains in place during the course of the court proceedings. In 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 valuewater reservoirs of 200 percentIbagué, the capital of net annual base salary (additional 100 percent MSR)the Tolima department. In September 2020, the Council of State of Colombia (the highest court for administrative matters) on appeal overruled the decision of the Administrative Court of Tolima. The Council of State’s decision, which theyis final and not subject to further appeal, determined that AGAC, as concessionaire, has a right to develop the project if it can demonstrate to the mining and environmental authorities on the basis of technical studies that its mining exploration and, eventually, exploitation activities, will not impact the water resources of the Coello River basin and its tributaries. On 25 October 2022, AGAC returned the tenements involved in the Santa María-Montecristo project to the government of Colombia. This return is pending acceptance by the Colombian Mining Authority (Agencia Nacional de Minería) following which the Administrative Court of Tolima still needs to dismiss the case. Until such time, the injunction remains in place.

The consolidated La Colosa class action lawsuit originally consisted of four separate class actions. In relation to this project, in October 2016, Tolima’s Administrative Court ordered that a technical study be prepared by a panel of seven experts (selected by the plaintiff, AGAC, universities, the Colombian government and an NGO) to determine whether the La Colosa project presents a “threat” to the environment during its exploration phase. In December 2017, Ibagué’s Third Administrative Court ordered that another technical study, similar to the one described in the October 2016 order, be prepared for the La Colosa project. AGAC appealed both orders. In 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 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.

Further, while the plaintiffs in the La Colosa class action have petitioned the courts to cancel the mining concession contracts, the Company believes that the judiciary system in Colombia does not have the authority to order such cancellation. Such power, by law, vests solely in the Colombian government which, through the relevant Colombian mining authorities, has the discretion to declare concessions void if a concession holder breaches applicable environmental laws or regulations. The Colombian government, as the authority granting the mining concession contracts, is also a defendant in this class action lawsuit together with AGAC. AGAC continues to oppose, through a variety of integrated legal and political strategies, the class action lawsuit that was filed against it. However, if the plaintiffs prevail and AGAC is unable to perform its core concession contracts as a result of the judicial decision, the Company would be required to holdabandon the project.

Cortolima’s injunction against AngloGold Ashanti Colombia S.A.S. (AGAC): In March 2013, Cortolima, a regional environmental authority in the Tolima department, issued a regulatory injunction against AGAC alleging, among other things, that in relation to certain of AGAC’s La Colosa mine design-related activities in the municipality of Piedras, AGAC engaged in drilling and other activities that could have negative effects on the environment. The 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 initiated legal proceedings before the Council of State of Colombia (the highest court for administrative matters) seeking annulment of the injunction as well as restoration of its rights to continue its activities in the area. In November 2019, the Council of State ruled that the competent judicial authority to decide on this matter is the Administrative Court of Tolima and referred the case to that court. In July 2020, the Twelfth Administrative Court of Tolima ruled that since the injunction is a preliminary and temporary measure imposed as part of the administrative approval process within Cortolima and not a final decision, it is not yet amenable to administrative judicial review. In July 2021, this decision was reversed on appeal by the Administrative Superior Court of Tolima in a ruling that such injunctions are amenable to administrative judicial review. The appellate court ordered the Twelfth Administrative Court of Tolima to review the matter and issue a decision thereon. Consequently, the Twelfth Administrative Court of Tolima admitted the case and a first hearing was held on 21 April 2022. Trial evidence was accepted. On 25 October 2022, another hearing was held to gather testimonies. The case remains pending. The Company expects that a final resolution of this



237


matter will include payment of a penalty by AGAC in an on-going basis.amount that is not expected to be material. While the injunction remains in place, AGAC is not able to engage in certain of its activities related to the La Colosa project.
Chief Financial Officer
Within three yearsPiedras and Cajamarca popular consultations: In 2013, the local council of appointment (or for existing executive director,the city of Piedras, near the La Colosa project, organised a popular consultation to ban all mining activities in Piedras (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 (due to its distant location from the introductionproject), AGAC believes the Piedras popular consultation was in violation of national law in Colombia. In 2013, AGAC filed a ‘tutela’ action (a legal action alleging a violation of constitutional rights) with the Council of State of Colombia (the highest court for administrative issues). In 2014, AGAC’s ‘tutela’ action was dismissed by the Council of State for lack of standing on the grounds that AGAC did not have mining tenements in Piedras. In addition, in 2015, AGAC filed a request for annulment of the administrative 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 subsequently appealed this rule)ruling. In July 2021, AGAC was notified that the Administrative Superior Court of Tolima ruled on appeal that, in light of the 2018 decision of the Constitutional Court of Colombia (the highest court for constitutional issues) holding that local municipalities or regions are not entitled to veto mining activities through popular consultations (as further described below), executive directorthe results of the Piedras popular consultation, and the administrative acts adopted in furtherance thereof, were not enforceable. An extraordinary appeal against this ruling was submitted on 22 March 2022, which is pending. In addition, in September 2021, a third party filed a ‘tutela’ action with the Council of State arguing that the Administrative Superior Court of Tolima did not have the authority to accumulatedetermine that the results of the Piedras popular consultation, and the administrative acts adopted in furtherance thereof, were not enforceable. In December 2021, the Council of State dismissed this ‘tutela’ action for lack of standing.

In March 2017, the residents of the municipality of Cajamarca also voted in a MSRpopular consultation to disapprove mining projects in the municipality, including the La Colosa project (Cajamarca popular consultation). However, the Mining Minister of Colombia subsequently publicly confirmed that Cajamarca’s vote does not apply retroactively implying the Cajamarca popular consultation did not have an immediate impact on AGAC’s rights with respect to the La Colosa project. In April 2017, AGAC nevertheless suspended all exploration activities at the La Colosa project until there is more certainty about mining activity in Colombia. In 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 AGAC’s mining contract in Cajamarca on the grounds of the results of the Cajamarca popular consultation. After having admitted the annulment claim in December 2019, the Administrative Court of Cundinamarca dismissed the plaintiffs’ claim in May 2021 on procedural grounds. The plaintiffs subsequently appealed this decision and the appeal is currently pending before the Council of State.

La Colosa Human Rights Litigation: In November 2014, the Personero (Ombudsman) of Ibagué, the capital of the Tolima department, filed a 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 (Court) which is an autonomous judicial institution based in San José, Costa Rica whose purpose is the application and interpretation of the Convention. The petition alleges that the Colombian government denied justice to the Personero as a result of the failure of the Colombian judiciary to resolve the issues raised in two class actions filed 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 Commission currently has not accepted nor referred the case to the Court. If the case would 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 up with the Colombian government for updates.

Paramo Delimitation: In November 2016, the Colombian government issued Resolution 1987/2016 delineating certain wetlands or moorlands as environmentally important protected areas, which designation includes certain areas in and around the La Colosa project. In these areas there are limitations, or in some instances outright bans, on mining and mining-related activities. These limitations and bans could potentially adversely impact the design, operations and production of the mining project at the La Colosa project. In June 2017, AGAC filed suit against the Colombian Ministry of the Environment in the Administrative Court of Cundinamarca to annul Resolution 1987/2016 on technical and other grounds. The lawsuit was admitted in April 2019. The Ministry of the Environment, as defendant in this action, is expected to file its response to the annulment claim.

Zonte Metals: 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 which 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 Council of State 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 Gramalote Colombia Limited (Gramalote) from progressing a pending application to integrate the disputed corridors with Gramalote’s tenement. The Antioquia Secretary of Mines has filed its response to the Zonte Metals claim, which includes arguments



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aligned with the interests and position of Gramalote. In September 2017, the Council of State approved Gramalote’s request to be made an interested party to the lawsuit, but it rejected Gramalote’s request to join the Antioquia Secretary of Mines as a co-defendant in August 2019. In 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: In April 2013, AngloGold Ashanti shares to(Ghana) Limited (AGAG) received a summons from Abdul Waliyu and 152 others in which the value of 75 percent of net annual base salary; and
At the end of six years, executive director is to accumulate a MSR of AngloGold Ashanti shares to the value of 150 percent of net annual base salary (additional 75 percent MSR) whichplaintiffs allege that they will be required to hold on an on-going basis.
Executive Committee members:
Within three years of appointment (or for existing executives, from the introduction of this rule), executive committee memberswere or 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 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 accomplishmentresidents of the MSR:
Executive 
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        
KPM Dushnisky March 2024 279% 100% 200%
KC Ramon March 2021 507% 75% 150%
Prescribed Officers        
SD Bailey(1)
 March 2025 81% 75% 150%
PD Chenard(2)
 March 2026 0%
 75% 150%
GJ Ehm March 2019 321% 75% 150%
LEybers March 2023 169% 75% 150%
S Ntuli(1)
 March 2025 34% 75% 150%
ME Sanz Perez March 2019 532% 75% 150%
TR Sibisi March 2022 155% 75% 150%

(1)
Appointed prescribed officerObuasi municipality or its suburbs and that their health has been adversely affected by emissions and/or other environmental impacts arising in connection with effect from 1 January 2019 and the three year MSR achievement is due in March 2022.
(2)
Appointed prescribed officer with effect from 1 April 2019 and the three year MSR achievement is due in March 2023.


ANGLOGOLD ASHANTI SHARE INCENTIVE SCHEME

AngloGold Ashanti operated several share incentive schemes, the BSP, LTIP, CIP,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 the DSP through which participating Executive Directors,certain cancers. The plaintiffs subsequently did not file their application for directions in time. In February 2014, executive members of the Executive CommitteePTP (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 resulting from the failure of their crops. This matter has been adjourned indefinitely. As plaintiffs in these matters have not actively pursued these legal proceedings, AGAG is taking steps to have these matters dismissed for want of prosecution.

Ghana 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. In January 2019, the Ghanaian Attorney General filed its statement of case, agreeing with the position of the plaintiffs (that the mining leases required parliamentary ratification) and requesting that the Supreme Court order the mining companies to pay the Ghanaian government all revenue related to mining activities accrued during the time such mining leases were unratified. In April 2019, AGAG and AAIL, in coordination with the other mining companies, filed their statement of case. The Supreme Court has not yet set a date for the first hearing to commence the case.

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. Even though both parties had originally decided to submit their dispute to an independent audit firm to be appointed by a common 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 of Guinea. This matter has been dormant since it was handed over to the Inspector General.

TANZANIA

Geita Gold Mining Limited (GGM): In January 2007, Jackson Manyelo and other management groupsplaintiffs 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 TZS9.6 billion (approximately $6 million). In April 2015, the High Court issued a judgment in favour of GGM. In 2016, plaintiffs appealed to the Court of Appeal, where the matter is pending.

Geita Gold Mining Limited (GGM) and Samax Resources Limited (Samax) v. Government of Tanzania: In July 2017, GGM and Samax filed a notice of arbitration against the government 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 companyAgreement for the Development of a Gold Mine at Geita, Mwanza between the government of Tanzania and its subsidiaries are giveneach 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. Since January 2019, at the request of the parties, the arbitral proceedings have been stayed several times in order to afford the parties the opportunity to acquire shares in the company. The intentionachieve an amicable resolution of the incentive scheme isdispute and as a result of the impact of the COVID-19 pandemic. In October 2022, the parties agreed to ensurestay the arbitration proceedings for a further period of 12 months until 6 November 2023.

Arbitration under the United Kingdom-Tanzania Bilateral Investment Treaty (UK-Tanzania BIT):Unrelated to the arbitration proceedings under the MDA described above, in September 2017, GGM and Samax, together with Cluff Oil Limited and Cluff Mineral Exploration Limited, notified the government of Tanzania in writing that the mediumTanzanian government’s conduct amounted to long-term interestsa breach of its commitments under the UK-Tanzania BIT. 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. Following the expiry of the executive‘cooling off’ period in March 2018, GGM, Samax, Cluff Oil Limited and shareholdersCluff Mineral Exploration Limited are aligned, providing rewardsnow entitled to submit their dispute with the executives and wealth creation opportunitiesgovernment of Tanzania to ICSID arbitration in accordance with the shareholders whenterms of the strategic performance drivers are achieved.

Non-Executive Directors are not eligible to participate in any share incentive scheme.


Employees participate in the share incentive schemeUK-Tanzania BIT to the extent that they are granted optionsmay deem this necessary.







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BRAZIL

Public Civil Action between Mineração Serra Grande S.A. (MSG) and the Goiás State Public Prosecutor's Office (Prosecutor): In 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, completely deactivate the tailings dam by 15 September 2021 and 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 in September 2019 and contends that it has not violated any Brazilian laws or rightsregulations applicable to acquire shares and accept them. All options or rights which have not been exercised within 10 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 managersoperations of the highest calibre. As a result, several typesSerra Grande tailings dam. In February 2020, the Court granted an injunction in respect 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 Remco 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)

Prior 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 scheme has undergone a number of changes, eachthe requests made by the Prosecutor. 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. MSG filed a motion for clarification in relation to certain items of the Court’s decision. In May 2020, the Court clarified that its injunction should be interpreted in line with the legal requirements of ANM Resolution No. 13/19. In June 2020, the Prosecutor presented further technical arguments in court, reiterating its request for an injunction ordering MSG to, inter alia, deactivate the tailings dam by September 2021 and to decommission the tailings dam, including complete removal of tailings material. Afterwards, MSG filed an interlocutory appeal against the preliminary injunction granted in February 2020 and a motion for further clarification. In August 2020, both MSG and the Prosecutor filed petitions informing the Court that the parties did not wish to produce oral evidence at a hearing. In May 2021, the Court upheld the preliminary injunction ordering the deactivation of the Serra Grande tailings dam by 15 September 2021 and its decommissioning by 15 September 2025, both of which are consistent with the deadlines established by existing legal and regulatory requirements. In June 2021, the Prosecutor appealed this decision. The Court of Appeals of Goiás tried the case on 4 August 2022 and has affirmed the first instance decision. On 3 November 2022, the Prosecutor appealed this decision to the Superior Court of Justice.

Public Civil Action between AngloGold Ashanti Córrego do Sítio Mineração SA (AGA Mineração) and the Minas Gerais State Public Prosecutor's Office (Prosecutor): In 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 dam if the “dam break” studies identify communities that are located in the self-rescue zone. In 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 dams 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. During the months of March through May 2020, all parties presented their arguments in court. In June 2020, the Court rejected the Prosecutor’s request to grant an injunction. In July 2020, the Court’s decision not to grant an injunction was upheld on appeal by the Court of Appeals of Minas Gerais. Subsequently, the Court issued an order proposing a conciliation hearing between the parties, to which none of the parties objected. On 28 January 2022, the parties filed a joint petition requesting the cancellation of the conciliation hearing and the suspension of the legal proceedings in view of negotiations between the parties to explore a possible settlement. On 2 June 2022, AGA Mineração and the Prosecutor entered into a settlement. Pursuant to the settlement, AGA Mineração will, among other measures, update the emergency action plan and decommission the Cuiabá tailings dam according to the schedule filed with the relevant mining and environmental agencies. AGA Mineração will also prepare a technical study to assess the potential evacuation of communities from the self-rescue zone during the decommission stages. The Court approved the settlement on 29 July 2022 and the public civil action was terminated.






240


DIVIDENDS

General

Dividends are proposed by and approved by the shareholders. Each award madeboard of directors of AngloGold Ashanti (the “board”), based on the Company’s financial performance and compliance with applicable laws, including in respect of the BSP entitles the holder to acquire one ordinary share at “nil” cost, provided that the participant remainssolvency and liquidity test contemplated in the employ ofSA Companies Act. Dividends are recognised when declared by the company atBoard. AngloGold Ashanti’s dividend policy allows the date of vesting unless an event, such as death, retirement or redundancy occurs, which may result inBoard to declare a pro-rata allocation of awards and an earlier vesting date.

Under the scheme, the Executive Committee members received an annual matching allocation of 150 percent of their cash bonus while all other participating employees received an annual matching allocation of 120 percent of their cash bonus. The vesting period runs over a two year 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.

The last shares allocation under the BSP, which became fully vested in February 2020, was made in February 2018 in respect of the 2017 performance year duesemi-annual dividend to the implementation of the new incentive scheme, the DSP, in January 2018.

Long Term Incentive Plan (LTIP)

Prior 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 heldbe based on 29 April 2005. Executive directors and selected senior management were eligible for participation. Each award made in respect of the LTIP entitled the holder to acquire one ordinary share at “nil” cost. Awards granted vested in three years from the date of grant, to the extent that the set company performance targets, under which the awards were made, were met, and provided that the participant remained in the employ of the company at the date of vesting, unless an event, such as death, retirement or redundancy occurred, which may have 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 15020 percent of the equity originally invested,free cash flow generated by the business for that financial year, before taking into account growth capital expenditure, subject to applicable laws required to be complied with vesting overbefore a two-year perioddividend may be declared by the Board. 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.

As a company incorporated in two equal tranches providedaccordance with and bound by the executives remainedcompany laws of the Republic of South Africa with its primary listing on the Johannesburg Stock Exchange, AngloGold Ashanti is required to declare dividends in employmentSouth African rands. Therefore, dividends are declared in South African rands and retainedpaid 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 original investment. Duedeposit 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 implementationapproval 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 new incentive scheme in January 2018,dividend declared and paid by a resident company, other than a Headquarter Company.

The dividends tax is generally imposed on the DSP, the last CIP participation took place in 2018 in respectbeneficial owner of the cash bonusdividends. The dividends paid to South African shareholders may be exempt from dividend withholding tax in terms of certain domestic exemptions, or may be reduced to a lower rate under an applicable double tax treaty, if the required declarations and undertakings are provided by the beneficial owner of the dividend. In the case of dividends paid to a US holder with respect to shares, the Convention Between the Government of the United States of America and the Republic of South Africa for the 2017 performance year. Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, signed 17 February 1997 (the “US/SA Double Taxation 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 ten percent of the voting stock of AngloGold Ashanti. In all other cases, the maximum tax rate under the US/SA Double Taxation Treaty is 15 percent of the gross amount of the dividend. Different rules may 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 permanent establishment situated in South Africa, and the dividends are attributable to such permanent establishment.













241


8B.    SIGNIFICANT CHANGES

Refer to “Item 18: Financial Statements—Note 35—Subsequent Events”.





242


ITEM 9: THE OFFER AND LISTING


9A.    OFFER AND LISTING DETAILS

The final company matching investment will be madeprincipal trading markets for AngloGold Ashanti’s ordinary shares are the New York Stock Exchange (NYSE), in 2020the form of ADSs, under the symbol “AU” and the JSE Limited, in the form of ordinary shares, under the symbol “ANG”. Each ADS represents one ordinary share.






9B.    PLAN OF DISTRIBUTION

Not applicable.






9C.    MARKETS

NATURE OF TRADING MARKET

The principal trading markets for AngloGold Ashanti’s ordinary shares are the executives who participatedNYSE, in 2018.the form of ADSs, under the symbol “AU” (each representing one ordinary share) and the JSE Limited, in the form of ordinary shares, under the symbol “ANG”.


Deferred Share Plan (DSP)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 “AAD”, and the Australian Securities Exchange, in the form of CHESS Depositary Interests (each representing one-fifth of an ordinary share) under the symbol “AGG”. AngloGold Ashanti was approved for a secondary listing on A2X Markets (A2X) in South Africa and its shares were admitted to trading on A2X on 6 June 2022 under the symbol “ANG”.


On




9D.    SELLING SHAREHOLDERS

Not applicable.






9E.    DILUTION

Not applicable.






9F.    EXPENSES OF THE ISSUE

Not applicable.



243


ITEM 10:    ADDITIONAL INFORMATION


10A.SHARE CAPITAL

Not applicable.






10B.MEMORANDUM OF INCORPORATION

At the annual general meeting held on 16 May 2017,2022, AngloGold Ashanti received approval from shareholders (by way of a special resolution) to amend the shareholders approvedMoI as follows:

1.by the introductiondeletion of the DSPphrase “Subject to replace9.4.3, this” at the BSP, the LTIPbeginning of clause 1.3 and the CIPreplacement thereof with effect fromthe word “This”;
2.by the deletion of clause 9 (Rights Attaching to Preference Shares) in its entirety; and
3.by the amendment of Schedule 1 January 2018. The DSP is a single incentive scheme for short-term(Authorised Shares) as follows:

3.1    by the deletion of paragraphs 2, 3 and long-term performance. Under4 of Schedule 1 in their entirety; and
3.2    by 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 leveldeletion 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. Attable at the end of each financial year, the CompanySchedule 1 in its entirety and the CEO, CFO and EVP/COO’s performancereplacement thereof with the following new table:

Share capitalSouth African Rands
600,000,000 ordinary shares of R0.25 each150,000,000

The reason for these amendments is assessed byto comply with the Remcoprovisions of the SA Companies Act and the Board againstJSE Listings Requirements and, following the defined metrics to determine the quantumrecent redemption of all 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 share-based awards and rights to subscribe for ordinary shares in each company granted to, and exercised by, executive directors, executive management and other managers on an aggregate basis during the year to 31 December 2019 and subsequent to year end up to 19 March 2020, see "Item 18: Financial Statements-Note 33-Related Parties-Directors and other key management personnel".


PARTICIPATION BY EMPLOYEES IN THE ANGLOGOLD SHARE INCENTIVE SCHEME

For details of the share-based awards and rights to subscribe for ordinary shares in the company granted to, and exercised by, employees on an aggregate basis during the year to 31 December 2019, see "Item 18: Financial Statements-Note 11-Share-based payments".



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 2019 is set out below:
Title of class Authorised
 Issued
Ordinary shares 600,000,000
 415,301,215
A preference shares 2,000,000
 2,000,000
B preference shares 5,000,000
 778,896
C preference shares 30,000,000
 0

All the issued ordinary shares, A redeemable preference shares and B redeemable preference shares are fully paid and are not subjectof the Company, to further calls or assessment by AngloGold Ashanti. For a discussion of rights attachingremove all references in the MoI to the ordinary shares, the A redeemable preference shares, the B redeemable preference shares and the C redeemable preference shares, see “Item 10B: Memorandumas well as all 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
  2019 2018 2017
At 1 January 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 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 2020provisions relating to and including 19 March 2020, 740,448 ordinary shares were issued at an average issue price of R152.70 per share, resulting in 416,005,663 ordinary shares being in issue at 19 March 2020.

Redeemable preference shares

A and Ball such redeemable preference shares, and thereby to remove all of which are held by Eastvaal Gold Holdings Limited, a wholly owned subsidiary of AngloGold Ashanti. The Csuch redeemable preference shares have no par value but havefrom 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 five percent of the ordinary issuedauthorised share capital of the company:Company.

Registration

AngloGold Ashanti is incorporated under the company laws of the Republic of South Africa and is registered with the Companies and Intellectual Property Commission under registration number 1944/017354/06. The SA Companies Act has abolished the requirement for specific “object and purpose” provisions to be included in a memorandum of incorporation and although the MoI is 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 the pertinent provisions, including the 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 SA Companies Act and the Companies Regulations, 2011, promulgated under the SA Companies Act (the “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 SA 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 1 May 2011 (the effective date of the SA 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. Should the company wish, it may also elect to convert its authorised par value shares to shares of no par value, subject to the relevant process and approvals contemplated in the SA Companies Act.



Directors



244


Ordinary shares held at 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
BlackRock Inc. 41,236,154
 9.93 32,926,713
 7.98 38,926,159
 9.49
Public Investment Corp. of South Africa 30,439,075
 7.33 25,395,823
 6.15 25,808,607
 6.29
Van Eck Global 27,375,511
 6.59 52,402,004
 12.70    


The management and control of any business of AngloGold Ashanti is vested in its 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.
* Shares
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 and the SA Companies Act.

The board may not necessarily reflectappoint any person who satisfies the beneficial shareholder.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 chairperson 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 31 December 2019,every annual general meeting one-third of the directors will retire by rotation, or if their number is not a totalmultiple of 159,694,660three, then the number nearest to but not less than one third. The directors 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 SA 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 or she 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 SA Companies Act in this regard are unalterable and will automatically apply, together with the applicable common law rules. Under the SA 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 SA 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 SA Companies Act, remain present during the meeting when the matter in which he/she has interest is being discussed but will be counted as present for the purposes of a quorum (but is not to be regarded as being present at the meeting for the purposes of determining whether a resolution has sufficient support to be adopted).

Share Rights, Preferences and Restrictions

Allotment and Issue of Ordinary Shares

Subject to the JSE Listings Requirements, the SA Companies Act and/or with approval of shareholders in a general meeting, unissued ordinary shares (or 38 percentmust be offered to existing ordinary shareholders, pro rata to their ordinary shareholdings, unless they are issued for the acquisition of issuedassets. The shareholders in a general meeting may authorise the board to issue any unissued ordinary share capital) were heldshares.





245


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 distributions (as defined in the SA Companies Act, which includes dividends), subject to the Company satisfying the solvency and liquidity test as set out in section 4 of the SA 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.

As a Company incorporated and registered in the Republic of South Africa with its primary listing on the Johannesburg Stock Exchange, AngloGold Ashanti is required to declare dividends in South African rands. Dividends are paid in South African rands, Australian dollars, Ghanaian cedis and British pounds. Registered holders of AngloGold Ashanti ADSs are paid dividends in US dollars by The Bank of New York Mellon as Depositary, forin accordance with the company’s American Depositary Receipt programme. Each American Depositary Share (ADS) is equivalentDeposit Agreement. See “Item 10C: Material Contracts—The Deposit Agreement”.

Although not stated in the MoI, but subject to one ordinary share. At 31 December 2019, the numberJSE Listings Requirements and the SA Companies Act, any dividend may be paid and satisfied, either wholly or in part, by the distribution of persons who were registered holders of ADSs was reported at 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 ADSsspecific assets, or the number of ADSs beneficially held by these persons.

All shareholders have the same voting rights.

As at 31 December 2019, there were 11,837 holders on recordin 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 shares. Of these holders 492 had registered addressesshare confers the right to vote at all general meetings. Each holder present in person or by proxy or, in the United States andcase of a corporate entity, represented, has one vote on a show of hands. If a poll is held, a totalholders present or any duly appointed proxy will have one vote for each ordinary share held. A holder of 80,410,115 ordinary shares 19.36 percentis 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 the total outstanding ordinary shares. In addition, certain accounts on record with registered addresses outside the United States, includingADSs 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 Australian Chess Depositary Interests (CDIs) and Ghanaian 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 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.

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 SA Companies Act and the JSE Listings Requirements.

The directors are authorised, subject to any requirements of the JSE Listings Requirements, the SA Companies Act, the Regulations 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 be made to the MoI. The SA Companies Act and the JSE Listings Requirements currently do 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 ordinary shares confer the right to participate equally in any surplus arising from the liquidation of all assets of AngloGold Ashanti.







246


Shareholders’ Meetings

The directors may convene meetings of AngloGold Ashanti shareholders. Subject to the provisions of the SA 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 SA 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 at which they are entitled to vote.

The quorum of a shareholders’ meeting 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 and remain 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 (i) acquires a beneficial interest in sufficient securities of a class of securities issued by AngloGold Ashanti such that, as a result of the acquisition, the person holds a beneficial interest in securities amounting to five percent, ten percent, fifteen percent or any further whole multiple of five percent of the issued securities of that class or (ii) disposes of any beneficial interest in sufficient securities of a class of securities issued by AngloGold Ashanti such that, as a 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 is 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 ten 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 SA Companies Act, a shareholder or director may, under certain circumstances, seek relief from a 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, or 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 SA 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 SA Companies



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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 registers and delivers AngloGold Ashanti’s American Depositary Shares, or ADSs. Please see “Item 10C: Material Contracts—Description of AngloGold Ashanti ADSs”.



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10C.MATERIAL CONTRACTS

Multi-currency Revolving Credit Facility

General

On 23 October 2018, AngloGold Ashanti Holdings plc (“AGAH”) and AngloGold Ashanti Australia Limited, as borrowers, entered into a five-year unsecured multi-currency syndicated revolving credit facility of $1.4 billion (the “2018 multi-currency RCF”) with the Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The loan consisted of (i) a US dollar based facility with interest charged at a margin of 1.45% above LIBOR and (ii) an Australian dollar based facility capped at A$500 million with interest charged at a margin of 1.45% above BBSY. The A$500 million portion of the 2018 multi-currency RCF was 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. On 9 June 2022, the 2018 multi-currency RCF was repaid and cancelled, and replaced with the 2022 multi-currency RCF (as defined below).

On 9 June 2022, AGAH and AngloGold Ashanti Australia Limited, as borrowers, entered into a new five-year unsecured multi-currency syndicated revolving credit facility of $1.4 billion (the “2022 multi-currency RCF”) maturing in June 2027, with the option of two one-year extensions on application. The 2022 multi-currency RCF was entered into with The Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The 2022 multi-currency RCF consists of (i) a US dollar based facility (base currency) and (ii) an Australian dollar based facility capped at A$500 million which 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 2022 multi-currency RCF was entered into on substantially similar terms to the 2018 multi-currency RCF, save in respect of the basis for the US dollar interest rate which transitioned from LIBOR to Compounded SOFR. As of 10 March 2023, the equivalent of $37 million was drawn under the AUD portion of the 2022 multi-currency RCF.
Guarantees

The 2022 multi-currency RCF is guaranteed by AGAH and AngloGold Ashanti 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.

Security

Save as set out under the heading “—Guarantees” above, the obligations under the 2022 multi-currency RCF are unsecured.

Amount and repayment of borrowings

Loans under the 2022 multi-currency RCF must be for a minimum of $10 million, if the currency selected is the base currency (US dollar), or a minimum of A$10 million (or for the balance of the undrawn total commitments at the time of the drawing), if the currency selected is Australian dollars. No more than 14 loans may be outstanding at any time. Each loan must be repaid on the maturity date in the same currency as the maturing loan. All loans must be repaid in full on the final maturity date. The 2022 multi-currency RCF matures in June 2027, with the option of two one-year extensions on application.

Interest rates and fees

The interest rate under the 2022 multi-currency RCF is calculated based on Compounded SOFR in the case of loans drawn in US dollars and BBSY in the case of loans drawn in Australian dollars, in each case plus a margin. The initial margin is 1.45 percent per annum, but may vary between 0.90 percent and 2.15 percent per annum depending on the long-term debt rating of AGAH. The applicable margin is subject to a ratings grid. In this regard, the interest margin will reduce if the group's credit rating improves from its current BB+/Baa3 status and will increase if its credit rating worsens. Interest on each loan is payable on the last day of the relevant loan’s interest period and, if the interest period exceeds six months, on the dates falling at six-monthly intervals after the first day of the interest period.

The borrowers under the 2022 multi-currency RCF 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 0.10 percent per annum (if the aggregate outstanding loans are less than one third of the total commitments then in effect), 0.20 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 0.40 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




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The 2022 multi-currency RCF includes 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 agreement) 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, for one six-month period subject to certain criteria. Refer to “Item 18: Financial Statements—Note 34—Capital Management” for the formulae used in the revolving credit agreement to test compliance with the covenants.

Change of control

If a lender so requires, the commitment of such lender under the 2022 multi-currency RCF 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 or (as applicable) an eligible successor holding company of AGAH.

Undertakings

The 2022 multi-currency RCF contains a negative pledge covenant, 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 2022 multi-currency RCF also contains, among other things, 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 AGAH 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

The 2022 multi-currency RCF contains 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 and the occurrence of a material adverse change in the business and financial condition of the borrowers and guarantors under the revolving credit agreement, 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 2022 multi-currency RCF and the other loan documents.

The above description is only a summary of certain provisions of the 2022 multi-currency RCF and is qualified in its entirety by reference to the provisions of the 2022 multi-currency RCF, a copy of which is attached hereto as Exhibit 19.4.4.1 and is incorporated herein by reference.

Notes

Each of the series of notes described below were issued under the indenture, dated as of 28 April 2010, among AngloGold Ashanti Holdings plc (“AGAH”), as issuer, AngloGold Ashanti Limited, as guarantor, and The Bank of New York Mellon, as trustee (the “Indenture”). The below descriptions are only a summary of certain provisions of those series of notes and are qualified in their entirety by reference to the provisions of the Indenture and such relevant series of notes, a copy of each – in respect of the outstanding series of notes – is attached hereto as Exhibits 19.2.1, 19.2.2, 19.2.3, 19.2.4 and 19.2.5 and is incorporated herein by reference.

2028 Notes

On 22 October 2021, AGAH issued $750 million 3.375 percent Notes due 2028 (the “2028 notes”). The interest on the 2028 notes is payable semi-annually on 1 May and 1 November of each year, commencing on 1 May 2022. AGAH may on any one or more occasions redeem all or part of the 2028 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2028 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2028 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 30 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 2028 notes. The 2028 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 2028 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



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of control of the guarantor and a downgrade, within a specified period, of the 2028 notes by three rating agencies, holders of the 2028 notes have the right to require the issuer to repurchase all or any part of their 2028 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2028 notes repurchased, plus accrued and unpaid interest, if any, on the 2028 notes repurchased to the date of repurchase.

The offering of the 2028 notes was registered under the Securities Act. The 2028 notes were listed on the New York Stock Exchange.


2030 Notes

On 1 October 2020, AGAH issued $700 million 3.750 percent Notes due 2030 (the “2030 notes”). The interest on the 2030 notes is payable semi-annually on 1 April and 1 October of each year, commencing on 1 April 2021. AGAH may on any one or more occasions redeem all or part of the 2030 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2030 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2030 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 2030 notes. The 2030 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 2030 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 2030 notes by three rating agencies, holders of the 2030 notes have the right to require the issuer to repurchase all or any part of their 2030 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2030 notes repurchased, plus accrued and unpaid interest, if any, on the 2030 notes repurchased to the date of repurchase.

The offering of the 2030 notes was registered under the Securities Act. The 2030 notes were listed on the New York Stock Exchange.

2022 Notes

On 30 July 2012, AGAH issued $750 million 5.125 percent Notes due 2022 (the “2022 notes”). The interest on the 2022 notes was payable semi-annually on 1 February and 1 August of each year, commencing on 1 February, 2013. AGAH was permitted on any one or more occasions to redeem all or part of the 2022 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2022 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2022 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 had 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 2022 notes. The 2022 notes were unsecured and unsubordinated and were fully and unconditionally guaranteed by AngloGold Ashanti Limited.

AGAH had agreed to observe certain covenants with respect to the 2022 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 2022 notes below an investment grade rating by two rating agencies, holders of the 2022 notes had the right to require the issuer to repurchase all or any part of their 2022 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2022 notes repurchased, plus accrued and unpaid interest, if any, on the 2022 notes repurchased to the date of purchase.

The offering of the 2022 notes was registered under the Securities Act. The 2022 notes were listed on the New York Stock Exchange.

The 2022 notes were redeemed in October and November 2021 and are no longer outstanding.

2020 Notes and 2040 Notes

On 28 April 2010, AGAH issued $700 million 5.375 percent Notes due 2020 (the “2020 notes”) and $300 million 6.500 percent Notes due 2040 (the “2040 notes” and together with the 2020 notes, the “2010 notes”). The interest on the 2010 notes is payable



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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 2020 notes and 30 basis points with respect to the 2040 notes, 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. The 2020 notes were repaid at maturity on 15 April 2020 and are no longer outstanding.

For further information, see “Item 18: Financial Statements—Note 24—Borrowings”,“Item 5B: Liquidity and Capital Resources” and “Item 19: Exhibits to Form 20-F”.

Description of AngloGold Ashanti ADSs

The Bank of New York Mellon registers and delivers AngloGold Ashanti’s American Depositary Shares, or ADSs. Each 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 (the “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 statements on Form F-6 (Registration Nos. 333-133049 and 333-159248) on 27 May 2008 and 14 May 2009, respectively. A copy thereof is also attached hereto as Exhibit 19.2.6 and is incorporated herein by reference. See “Item 10H: Documents on 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 240 Greenwich Street, New York, New York 10286.

Description of the ADSs

The Bank of New York Mellon, as Depositary, registers and delivers ADSs. Each ADS represents one ordinary share (or a right to receive one share) deposited with Standard Bank of South Africa Limited or HSBC Bank Australia Limited, each as a custodian for The Bank of New York Mellon, and both of which are referred to collectively as the “Custodian”. Each ADS also represents 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 are administered is located at 240 Greenwich Street, New York, New York 10286. The Bank of New York Mellon’s principal executive office is also located at 240 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.




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AngloGold Ashanti does 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 Custodian 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 it 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 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 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.




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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 Securities Act. 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 impracticable 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 its 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 Office 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 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.





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Fees and Expenses
ADS holders must pay:For:
$5.00 (or less) per 100 ADSsEach 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 ADSAny cash payment
Registration or transfer feesTransfer 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 yearDepositary services
Expenses of The Bank of New York MellonConversion 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 Custodian has to pay on any ADS or AngloGold Ashanti ordinary share underlying an ADS; for example, stock transfer taxes, stamp duty or withholding taxesAs necessary
A fee equivalent to the fee that would have been payable if the securities distributed had been ordinary shares deposited for issuance of ADSsDistribution of securities distributed to holders of deposited securities that are distributed by The Bank of New York Mellon to ADS holders





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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 The 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;



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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, 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 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 ADSs.

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 collateralised with cash, US government securities, or other collateral that The Bank of New York Mellon considers appropriate; and
The 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



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the DTC account of that DTC participant without receipt by the Depositary of prior authorisation 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 will send 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.




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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 South Africa. Exchange controls are administered by the Financial Surveillance Department of the South African Reserve Bank (SARB), in terms of the Exchange Control Regulations, and regulate transactions involving South African residents and non-residents, with the exception of transactions between South African residents and residents of the Common Monetary Area, which comprises the Kingdoms of Lesotho and Eswatini (formerly Swaziland) and the Republic of Namibia. The purpose of exchange controls is to mitigate the decline of foreign capital reserves in South Africa.

The Government of South Africa has, however, committed itself to relaxing exchange controls gradually and significant relaxation has occurred in recent years.

The comments below relate, in general, to exchange controls in place at the date of this annual report.

Investments in South African companies

Acquisitions of shares or assets of South African companies by non-South African purchasers are generally subject to review and approval by the SARB, particularly where the consideration is payable in a form other than cash. In this regard, the SARB will give approval where it is persuaded, inter alia, that the consideration payable for the acquisition of the shares or assets is an arm’s-length consideration and that such acquisition offers benefits to South Africa. In addition, where shares in a South African company are acquired by a non-resident, the share certificates issued to the non-resident shareholder must be endorsed “non-resident” by the SARB (or an Authorised Dealer).

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, provided that the shares in respect of which the dividends are declared have been endorsed “non-resident” by the SARB or an Authorised Dealer at the time of acquisition. 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.



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10E.Taxation

South African taxation

General
The following section provides a summary of the South African tax consequences consequent upon 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 practice of the South African Revenue Service (SARS), the US/SA Double Taxation Treaty, and in part beneficiallyupon representations made by the Depositary, on the basis that it assumes that each obligation provided for United States persons.in, or otherwise contemplated by, a Deposit Agreement and any related agreement will be performed in accordance with its respective terms.


At 19 March 2020,The following summary of the South African tax considerations does not address the tax consequences to a totalUS holder that is resident in South Africa for South African tax purposes, whose holding of 152,540,560shares or ADSs is effectively connected with a permanent establishment in South Africa through which such US holder carries on business activities or, 37in the case of an individual, with a fixed base situated therein, or who is otherwise not entitled to the full benefits under the US/SA Double Taxation Treaty. It should be appreciated that South Africa ratified the Multilateral Convention to Implement Tax Treaty-related measures to prevent Base Erosion and Profit Shifting (BEPS MLI) on 30 September 2022 and that one should thus read the applicable treaty, including the US/SA Double Taxation Treaty, in this context.

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 US/SA Double Taxation 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.

The dividends tax is generally imposed on the beneficial owner of the dividends. The dividends tax is subject to domestic exemptions or relief in terms of an applicable double taxation treaty. The application of such domestic exemptions or relief in terms of an applicable double taxation treaty is subject to the making of certain declarations and undertakings by the beneficial owner of the dividends to the regulated intermediary making payment of the dividend. In terms of the latest amendments to the tax provisions, the declaration and undertaking entitling the beneficial owner to a reduced dividend withholding tax rate must be renewed every five years, subject to certain exemptions.

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 US/SA Double Taxation Treaty would generally limit the dividends tax rate to five percent of total issued ordinarythe gross amount of the dividends if a corporate US holder holds directly at least ten percent of the voting stock of the Company, 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 US/SA Double Taxation Treaty is 15 percent of the gross amount of the dividend.

Different rules may 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 services from a permanent establishment 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, certain South African compliance requirements must be met in order to obtain the double tax treaty relief, including amongst others the completion of a declaration and undertaking by the beneficial owners in favour of the Company and/or the relevant regulated intermediary.

In terms of the latest tax provisions the declaration and undertaking need to be renewed at least every five years unless the regulated intermediary is subject to the provisions of inter alia the US Foreign Account Tax Compliance legislation.

A dividend is currently defined as any amount transferred or applied by a company that is a resident (including the Company) 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. The definition of



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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 of such repurchase would not constitute 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 would likely constitute a dividend.

The concept of CTC effectively means the sum of the stated capital or share capital were issued and outstandingshare 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, less the amount of CTC that has been returned to shareholders. Any application of CTC is limited to the holders of a class of shares. In addition, 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. The definition of CTC is subject to various provisos. Recently the definition of CTC was amended to make it clear that CTC can only be transferred to shareholders proportionally.

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 heldto the extent that the foreign dividend does not constitute a distribution of an asset in kind.

Dividends are generally exempt from the payment of income tax, subject to various exclusions. If a dividend is not exempt from income tax it follows that dividends tax will not also be levied.

Taxation of capital gains on record by 2,174 registered holders.sale or other disposition


InsofarSouth African residents are 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).The general corporate income tax rate has recently been reduced to 27 percent.

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 and buildings 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 known to AngloGold Ashanti, there was no person who,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 jointlyattributable to South African immovable property held on capital account, and that shareholder (whether alone or severally, exercisedtogether with any connected person in relation to that person), directly or could exercise control over AngloGold Ashanti, norindirectly, holds at least 20 percent of the equity shares of that South African company.

Gains realised on the sale of ordinary shares are deemed to be of a capital nature and subject to capital gains tax provided the ordinary shares have been held for a continuous period of at least three years. This deeming provision is AngloGold Ashanti awareapplicable to “equity shares” as defined in section 1 of the South African Income Tax Act, No. 58 of 1962 (the “SA Income Tax Act”), and may not extend to preference shares or ADSs where the preference shares or ADSs do not constitute “equity shares” as so defined.

The meaning of the word “resident” is different for individuals and corporations and is governed by 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 or constitute an interest in immovable property as indicated above. In contrast, gains on the disposal of securities which are not capital in nature are usually subject to income tax. Any asset held as a long-term investment will be considered a capital asset and subject to capital gains tax on the disposal of such an asset. Any asset acquired for purposes of resale as part of a profit-making scheme will not be considered a capital asset and will be subject to income tax on the disposal of such an asset. 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.

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, redemption or cancellation thereof.




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STT on transfers of securities is charged at a rate of 0.25 percent on the ‘taxable amount’ in respect 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 arrangementsother manner of a security which mightresults in a change in beneficial ownership.The cancellation or redemption of a security is also regarded as a ‘transfer’ unless the Company is being liquidated. However, the transfer of a security that does not result in a change in controlbeneficial ownership is not regarded as a ‘transfer’ for STT purposes. A security is also defined as a depositary receipt in a company. Apart from STT thus being payable upon the conversion of ADSs to shares and vice versa, , STT could also be payable on the transfer of a depositary receipt issued by a company, including specifically the ADSs issued by the Company. 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. The person to whom the listed security is transferred is liable for payment of the STT, and such tax must be paid through 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. The tax so payable may be recovered from the person to whom the security is transferred. The tax must be paid by the fourteenth day of the month following the month during which the transfer occurred.

Withholding tax on interest

Generally, a 15 percent withholding tax may apply to the payments of interest.Under the US/SA Double Taxation Treaty, interest derived and beneficially owned by a resident of the United States will be taxable only in the United States (and therefore not subject to interest withholding tax in South Africa), subject to certain exclusions.

Value-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 are subject to VAT at the standard rate of 15 percent.

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. 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 US/SA Double Taxation 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) ten percent or more of the outstanding share capital or voting stock of AngloGold Ashanti.Ashanti, partnerships or other entities treated as partnerships for US federal income tax purposes or persons holding shares through such entities, persons holding their shares as part of a straddle, hedging or conversion transaction, persons who acquired their shares pursuant to the exercise of employee stock options or otherwise as compensation, 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.


7B.    RELATED PARTY TRANSACTIONSAs used herein, the term “US holder” means a beneficial owner of shares 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, any state thereof or the District of 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




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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, 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, the holder is urged to consult its own tax advisor regarding the specific tax consequences of the ownership and disposition of the 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 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 US/SA Double Taxation 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

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 US/SA Double Taxation Treaty will be subject to a maximum withholding tax of 15 percent on the gross amount of dividend distributions paid by AngloGold Ashanti.

The Company hadamount 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. AngloGold Ashanti currently believes that dividends paid with respect to its shares should constitute qualified dividend income for US federal income tax purposes. Each individual US holder of AngloGold Ashanti shares is urged to consult his own tax advisor regarding the availability of the reduced dividend tax rate in light of his own particular situation.




263


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

If a US holder is a resident of the United States for purposes of the US/SA Double Taxation Treaty, such holder will not be subject to South African tax on any capital gain if it sells or disposes of its 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 the sale, exchange or other disposition of shares, 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’s tax basis, determined in US dollars, in the 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 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 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 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), or the date of purchase in all other cases. 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 settlement date for the sale or disposition (in the case of shares traded on an established securities market that are sold by a cash basis US holder or an electing accrual basis US holder), or the date of sale or disposition in all other cases. In addition, in such other cases, 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. 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
A foreign corporation will be classified a passive 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 2022 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.

These consequences may include having gain realised on the disposition of shares treated as ordinary income rather than capital gain 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
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 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). 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.




264


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 foreign persons, (ii) financial instruments and contracts held for investment that have foreign issuers or counterparties and (iii) interests in foreign entities. Therefore, the shares 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.







265


10F.    DIVIDENDS AND PAYING AGENTS

Not applicable.






10G.    STATEMENT BY EXPERTS

Not applicable.






10H.Documents on Display

AngloGold Ashanti files annual reports on Form 20-F and reports on Form 6-K with the SEC. You may access this information at the SEC’s home page (http://www.sec.gov). Copies of the documents referred to herein may be inspected at AngloGold Ashanti’s offices by contacting AngloGold Ashanti at 112 Oxford Road, Houghton Estate, Johannesburg, 2198 (Private Bag X 20, Rosebank, 2196) South Africa, Attention: Company Secretary, telephone number: +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.






10J.     Annual Report to Security Holders

AngloGold Ashanti intends to submit its annual report provided to security holders in electronic format as an exhibit to a current report on Form 6-K.



266


ITEM 11: QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK

TREASURY POLICY

Risk management activities within the Group are the ultimate responsibility of the board. The Chief Financial Officer is responsible to the board 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 financial and risk management policy, hedges may be put in place once approved by the Board, using approved instruments over the Group’s planned gold production and resultant gold sales and currency exposures. The financial and risk management policy sets trading limits for the various levels of treasury management from dealer, through treasurer, executive management team and board members.

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 partiesto 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 financial and risk management policy, treasury reports are produced at the following minimum intervals for review by management and the board of directors:
DailyTreasury Manager
WeeklyTreasurer
MonthlyTreasurer
QuarterlyAudit and Risk Committee and Board of Directors

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 and other commodities 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.

As at 31 December 2022, the Group had no commitments against future production potentially settled in cash.

In July 2022, AngloGold Ashanti entered into forward contracts for a total of 999,000 barrels of Brent Crude oil for the period January 2023 to December 2023 that will be cash settled on a monthly basis against the contract price. The average price achieved on the forward contracts is $89.20 per barrel of Brent Crude oil. At 31 December 2022, the mark-to-market value of these oil derivatives was an unrealised loss of $6 million.

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.




267


As at 31 December 2022 and 2021, the Group had no open forward exchange or currency option contracts in its currency hedge position.

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.

Interest rate and liquidity risk

Fluctuations in interest rates impact 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
20222021
Maturity dateCurrencyFixed 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$— 507 3.48 — 301 0.10 
ZAR1,471 6.87 — 1,337 3.54 — 
AUD— — 49 1.07 — — 72 — 
BRL— — 52 11.57 — — 106 4.27 
ARS18,178 66.50 2,362 65.50 13,256 34.00 — 
CAD— — — — — — 353 0.19 
GBP— — 1.54 — — — — 

Borrowings maturity profile
Within one yearBetween
One and two years
Between Two
and five years
After five yearsTotal
CurrencyBorrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings amount (million)
$16 5.5 63 11.9 58 12.4 1,721 4.1 1,858 
AUD— — — — 54 4.5 — — 54 
TZS3,586 12.5 201,542 12.5 — — — — 205,128 

The table above is based on the borrowings as at 31 December 2022 including borrowing cost and accrued interest but excludes any fair value adjustments.




268


Interest rate risk
Fixed for less than one yearFixed for between one and three yearsFixed for greater than three years
CurrencyBorrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Total
Borrowings
amount
(million)
$16 5.5 128 12.1 1,714 4.1 1,858 
AUD— — — — 54 4.5 54 
TZS3,586 12.5 201,542 12.5— — 205,128 

The table above is based on the borrowings as at 31 December 2022 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. 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 $1,210 million in 2022 for financial assets (2021: $1,300 million) and nil for financial guarantees (2021: nil). Credit risk exposure netted by open derivative positions with counterparts was nil (2021: 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)):
20222021
Carrying
Amount
Fair
value
Carrying
Amount
Fair
value
(millions)$$$$
Cash and cash equivalents1,108 1,108 1,154 1,154 
Restricted cash60 60 58 58 
Deferred compensation asset12 12 25 25 
Short-term borrowings(18)(18)(51)(51)
Long-term borrowings(1,965)(1,808)(1,858)(1,960)
Listed investments - FVTOCI116 116 
Listed and unlisted investments

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, except for the deferred compensation asset which is carried at fair value in level 3 of the fair value hierarchy.

Other investments

Listed equity investments classified as FVTOCI and FVTPL are carried at fair value in level 1 of the fair value hierarchy.
Borrowings




269


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 December
20222021
(millions)$$
Other commodity contracts(6)— 

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 2022 (actual changes in the timing and amount of the following variables may differ from the assumed changes below).
2022
Change in
exchange rate
Change in
borrowings
Total
$M
Debt
TZS denominated (TZS/$)Spot (+TZS250)(9)
AUD denominated (AUD/$)Spot (+AUD0.1)(2)
2022
Change in
exchange rate
Change in
borrowings
Total
$M
Debt
TZS denominated (TZS/$)Spot (-TZS250)11 
AUD denominated (AUD/$)Spot (-AUD0.1)




270


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 DEPOSITARY 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 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 2022

For the year ended 31 December 2022, The Bank of New York Mellon, as Depositary, reimbursed AngloGold Ashanti an amount of $934,248 (2021: $1,083,405) mainly for investor relations-related expenses.





271


PART II
ITEM 13:    DEFAULTS, DIVIDEND ARREARAGES AND DELINQUENCIES

None.



272


ITEM 14:    MATERIAL MODIFICATIONS TO THE RIGHTS OF SECURITY HOLDERS AND USE OF PROCEEDS

None.




273


ITEM 15: CONTROLS AND PROCEDURES

(a)Disclosure Controls and Procedures:As of 31 December 2022, (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 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.

There have been no 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 2019:2022 that have materially affected, or are reasonably likely to materially affect, the company’s internal control over financial reporting.

At 31 December2019
(in million)Purchases from related party
$
Purchases of goods and services from related parties
Rand Refinery (Pty) Limited8
Margaret Water Company4
Société d’Exploitation des Mines d’Or de Sadiola S.A.1
13
See also “Item 3D: Risk FactorsAngloGold 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.”


Amounts due by joint ventures and associates arising from purchases(d)    Attestation Report of goods and services are unsecured and non-interest bearing.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.

At 31 December2019
(in million)
Sales and
services
rendered to
related parties


$
Sales and services rendered to related parties
Rand Refinery (Pty) Limited19
Mali joint ventures5
Gramalote2
26


/s/ G A Doran
As at 31 December 2019 the outstanding balances arising from the sale of goods and services due by associates and joint ventures is $20 million.Gillian Ann Doran

Chief Financial Officer
As at 31 December 2019 there are no outstanding balances arising from loans owed to related parties.



/s/ A Calderon

Alberto Calderon

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”.



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.Company.


In addition to the proceedings described below, the companyCompany 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 MSG’s appeal against the assessment.assessment, which amounted to approximately $9.6 million. MSG is now appealingappealed the dismissal of the case to the State Court of Minas Gerais. The assessment is approximately $12 million. Any possible payment by MSG would be set off by an indemnity from Kinross Gold Corporation (Kinross) of $7.5$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 Córrego do Sítio Mineração SA: SA and Mineração Serra Grande S.A. (MSG): AngloGold Ashanti’s subsidiaries in Brazil, including AngloGold Ashanti Córrego do SítioAGA Mineração SA (formerly AngloGold Ashanti Brasil Mineração Ltda), and MSG, are involved in various disputes with the Brazilian tax authorities. These disputes date back toas far as 2007 and involve federal tax assessments including income tax, royalties, social contributions, VAT and annual property tax. Collectively, the total possible amount involved across all tax disputes in Brazil is approximately $25$46.5 million, which include VAT claims and social security payments of $36 million.


Colombian Tax Office (DIAN) v. AngloGold Ashanti Colombia S.A.S.A.S. (AGAC) and Gramalote Colombia Limited (Gramalote): In January Since 2013, AGAC received noticevarious notices from the DIAN that it disagreed with the company’s tax treatment of certain itemsexploration expenditure in theits 2010, 2011, 2013 and 20112014 income tax returns and its 2011 equity tax returns. On 23 October 2013,return. However, AGAC received the official assessments from the DIAN which established that an estimated additional tax of $20 million will be payable if the tax returns are amended. Penalties and interest for the additional taxes may amount to $125 million. The company believes that the DIAN has applied the tax legislation incorrectly. AGACincorrectly and subsequently challenged the DIAN’s ruling by filingfiled lawsuits in March and April 2015, before the Administrative Court of Cundinamarca (the trial court for tax litigation). Closing arguments on challenging each of the DIAN’s rulings in respect of those tax disputes were presented in February and June 2017. On 23 Aprilreturns. In 2018, the Administrative Court of Cundinamarca denied AGAC’s arguments with respect to the 2010 and 2011 income tax litigation. AGAC subsequently appealed this judgmentthese judgments to the Supreme CourtCouncil of Colombia. A final judgement could take several years. A determination byState of Colombia (the highest court for tax matters). In November and December 2022, the Administrative Court withCouncil of State ruled against AGAC upon appeal. The Council of State ordered AGAC to pay $34 million of additional taxes (which includes interest) in respect toof the 2010 incomeand 2011 tax litigation is still pending.

returns, but it fully waived any related penalties (which were originally assessed in the amount of $47 million). In January 2018,December 2022, a tax reform was adopted in Colombia, enacting changes which may lead to a reduction of interest charged on outstanding tax obligations in certain circumstances. In February 2023, AGAC received notice frompaid $25 million of additional taxes (which includes interest) in respect of the DIAN that it also disagreed with AGAC’s 20132011 income and equity tax returns, onafter taking into account a reduction of $6 million in interest under the same basis astax reform. Following this payment, the 2011 tax litigation was fully settled. AGAC is still awaiting the final decision under the new tax reform in respect of the 2010 tax litigation. AGAC’s other lawsuits with respect to its 2013 and 20112014 tax returns calculating additional tax, along with penalties and interest, of $9 million. On 13 March 2020, AGAC filed a lawsuitare still pending before the Administrative Court of Cundinamarca challengingand 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,company has disclosed a contingent liability of $7 million.$5.0 million in respect thereof (mainly covering related penalties).


In FebruarySince 2019, Gramalote also received noticevarious notices from the DIAN that it disagreed with its 2013 income and equity2014 income tax returns on the same basis as the abovementioned AGAC returns, calculating additional tax, along withtaxes as well as penalties and interest, of $9 million which was confirmed in its official assessment issued on 24 January 2020.interest. However, Gramalote also believes that the DIAN has until 10 June 2020 to file a lawsuit to challenge this official assessmentapplied the tax legislation incorrectly and subsequently filed lawsuits before the administrative courts. In addition,Administrative Court of Cundinamarca challenging each of the DIAN’s rulings in March 2019, Gramalote received notice from the DIAN that it disagreedrespect of those tax returns. Gramalote’s lawsuits with respect to its 2014 income2013 and equity2014 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 reconsiderationare still pending before the DIAN.Administrative Court of Cundinamarca. The company has disclosed a contingent liability of $3.0 million in relation to Gramalote’s 2013 and 2014 tax returns (mainly covering related penalties).


The total amount claimed by the DIAN, related to the above tax matters amountsthat remain outstanding amounted to $164$8.1 million of which $144$8.0 million relatesrelated to penalties and interest.as of 31 December 2022. Following a judgment of the Council of State in July 2019 holding that duplicate penalties may not be charged, the company expects that certain penalties will likely be waived, reducing the overall exposure to $0.1 million in respect of those tax matters. In addition, from 2017 onwards, the deduction of exploration costs is prohibited following a change in Colombian tax legislation. As a result, exploration costs have been treated in accordance with the amended tax legislation subsequent to that date.


Argentina Tax Authority (AFIP) v. Cerro Vanguardia S.A. (CVSA): On 12 In July 2013, CVSA received a notification from the AFIP requesting corrections to the 2007, 2008 and 2009 income tax returns of about $1.8$0.9 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 $8.2$4.2 million. CVSA and AFIP have corresponded on this issue over the past several years, and the Argentinian tax authorities continue to assert their position regarding the use of the financial derivatives. CVSA filed an appeal with the Tax Court on 19in June 2015, and the parties submitted their final reports in July 2017. The matter is pending with the Tax Court.






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Ghanaian tax authorities v. AngloGold Ashanti (Ghana) Limited (AGAG): In Ghana, withholding tax audits: AGAG received a final tax assessmentsaudit report from the Ghana Revenue Authority (GRA) in which the GRA demanded payment of $4.4$9.0 million as of 31 December 2018 in respect of the 2004-2014 tax years, following an audit by the Ghanaian tax authorities related to withholding taxes on payments to non-resident persons. AGAG raised objectionsobjected to the GRA’s assessment of withholding taxes on the basis that AGAG was duly exempted by the government of Ghana from withholding taxes on payments made to non-residents during the relevant periods in terms of the Deed of Warranty signed with the Ghanaian tax authorities and believes that the withholding taxes were not properly assessed. On several occasions, most recently ingovernment of Ghana. In 2017, AGAG met with the Commissioner-General of the Ghana Revenue AuthorityGRA and provided its position in writing together with the relevant supporting documentation.documents. AGAG has not yet to receivereceived a response from the Commissioner-General.

SOUTH AFRICA

Silicosis and tuberculosis litigation: In August 2013, AngloGold Ashanti, along with several other mining companies, was served with a consolidated class action application. In May 2016, Due to the High Courtstatute of limitations applicable to tax assessments in Johannesburg ruled in favourGhana, the amount of the applicants and found that there were sufficient common issues to certify two industry-wide classes: a Silicosis Class and a Tuberculosis Class. In May 2018, settlement of the consolidated 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 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 oftax uncertainty is estimated at $6.0 million as at 31 December 2019, AngloGold Ashanti has recorded a provision of $65 million to cover the estimated settlement costs and related expenditure of the silicosis litigation.
2022.


COLOMBIA


Santa María-Montecristo and La Colosa class action lawsuits: Class action lawsuits are pendinghave been filed in relation to each of AngloGold Ashanti Colombia S.A.S.A.S.’s (AGAC) Santa María-Montecristo and La Colosa projects. Each of the two lawsuits aims to stop exploration and mining in certain restricted areas affected by the projects due to environmental concerns.


In respect of the Santa María-Montecristo class action lawsuit, in September 2011, the Administrative Court of Tolima granted one of the plaintiffs a preliminary injunction suspending AGAC’s mining concession contracts in relation to this project. AGAC has challenged this injunction, nevertheless, it remains in place during the course of the court proceedings. On 30In 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 beforeIn September 2020, the Council of State of Colombia (the highest court for administrative matters). on appeal overruled the decision of the Administrative Court of Tolima. The order to prepare the technical study has been temporarily suspended pending resolution by the Council of State. If AGAC’sState’s decision, which is final and not subject to further appeal, beforedetermined that AGAC, as concessionaire, has a right to develop the Councilproject if it can demonstrate to the mining and environmental authorities on the basis of State istechnical studies that its mining exploration and, eventually, exploitation activities, will not successful,impact the company may have to perform a technical study in respectwater resources of the Combeima canyon. IfCoello River basin and its tributaries. On 25 October 2022, AGAC returned the results of the study are unfavourable, certain development activities attenements involved in the Santa María-Montecristo project may be suspended.to the government of Colombia. This return is pending acceptance by the Colombian Mining Authority (Agencia Nacional de Minería) following which the Administrative Court of Tolima still needs to dismiss the case. Until such time, the injunction remains in place.


The consolidated La Colosa class action lawsuit originally consisted of four separate class actions. In relation to this project, on 10in October 2016, Tolima’s Administrative Court ordered that a technical study be prepared by a panel of seven experts (selected by the plaintiff, AGAC, universities, the Colombian government and an NGO) to determine whether the La Colosa project presents a “threat” to the environment during its exploration phase. On 4In December 2017, Ibagué’s Third Administrative Court ordered that another technical study, similar to the one described in the October 2016 order, be prepared for the La Colosa project. AGAC appealed both orders. On 6In 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 before the Council of State is not successful, the companyCompany 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.


WhileFurther, while the plaintiffs in thesethe La Colosa class actionsaction have petitioned the courts to cancel the La Colosa and/or Santa María-Montecristo mining concession contracts, the companyCompany believes that the judiciary system in Colombia does not have the authority to order such cancellations.cancellation. Such power, by law, vests solely in the Colombian government which, through the relevant Colombian mining authorities, has the discretion to declare concessions void if a concession holder breaches applicable environmental laws or regulations. The Colombian government, as the authority granting the mining concession contracts, is also a defendant in thesethis class action lawsuitslawsuit together with AGAC. AGAC continues to oppose, through a variety of integrated legal and political strategies, the class action lawsuitslawsuit that have beenwas filed against it. However, if the plaintiffs prevail and AGAC is unable to perform its core concession contracts as a result of the judicial decision, the companyCompany would be required to abandon the La Colosa project and/or Santa María-Montecristo project.


Cortolima’s injunction against AngloGold Ashanti Colombia S.A.S.A.S. (AGAC): On 11 In March 2013, Cortolima, a regional environmental authority in the Tolima department, issued a regulatory injunction against AGAC alleging, among other things, that in relation to certain of AGAC’s La Colosa mine design-related activities in the municipality of Piedras, AGAC engaged in drilling and other activities that could have negative effects on the environment. The 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 initiated legal proceedingproceedings before the Council of State of Colombia (the highest court for administrative matters) seeking annulment of the injunction as well as restoration of its rights to continue its

activities in the area. In November 2019, the Council of State ruled that the competent judicial authority to decide on this matter is the Administrative Court of Tolima and referred the case to that court. ThisIn July 2020, the Twelfth Administrative Court of Tolima ruled that since the injunction is a preliminary and temporary measure imposed as part of the administrative approval process within Cortolima and not a final decision, it is not yet amenable to administrative judicial review. In July 2021, this decision was reversed on appeal by the Administrative Superior Court of Tolima in a ruling that such injunctions are amenable to administrative judicial review. The appellate court ordered the Twelfth Administrative Court of Tolima to review the matter is currentlyand issue a decision thereon. Consequently, the Twelfth Administrative Court of Tolima admitted the case and a first hearing was held on 21 April 2022. Trial evidence was accepted. On 25 October 2022, another hearing was held to gather testimonies. The case remains pending. The companyCompany expects that a final resolution of this



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matter will include payment of a penalty by AGAC in an amount that is not expected to be material. While the injunction remains in place, AGAC is not able to engage in certain of its activities related to the La Colosa project.


Piedras and Cajamarca popular consultations: In 2013, the local council of the city of Piedras, near the La Colosa project, organised a popular consultation to ban all mining activities in Piedras (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 (due to its distant location from the project), AGAC believes the Piedras popular consultation was in violation of national law in Colombia. In 2013, AGAC filed a ‘tutela’ action (a legal action alleging a violation of AGAC’s constitutional rights) with the Council of State of Colombia (the highest court for administrative issues). In 2014, AGAC’s ‘tutela’ action was dismissed by the Council of State for lack of standing on the grounds that AGAC did not have mining tenements in Piedras. In addition, in 2015, AGAC filed a request for annulment of the administrative 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 ofAGAC subsequently appealed this ruling is currently pending beforeruling. In July 2021, AGAC was notified that the Administrative Superior Court of Tolima which will have to decideruled on this matterappeal that, in light of the recent ruling2018 decision of the Constitutional Court onof Colombia (the highest court for constitutional issues) holding that local municipalities or regions are not entitled to veto mining activities through popular consultations (as further described below.
below), the results of the Piedras popular consultation, and the administrative acts adopted in furtherance thereof, were not enforceable. An extraordinary appeal against this ruling was submitted on 22 March 2022, which is pending. In addition, in September 2021, a third party filed a ‘tutela’ action with the Council of State arguing that the Administrative Superior Court of Tolima did not have the authority to determine that the results of the Piedras popular consultation, and the administrative acts adopted in furtherance thereof, were not enforceable. In December 2021, the Council of State dismissed this ‘tutela’ action for lack of standing.


In 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 project (Cajamarca popular consultation). However, the Mining Minister of Colombia subsequently publicly confirmed that Cajamarca’s vote does not apply retroactively implying the Cajamarca popular consultation did not have an immediate impact on AGAC’s rights with respect to the La Colosa project. In April 2017, AGAC nevertheless suspended all exploration activities at the La Colosa project until there is more certainty about mining activity in Colombia. On 11In 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’sAGAC’s mining contract in Cajamarca on the grounds of the results of the Cajamarca popular consultation. TheAfter having admitted the annulment claim was admitted on 11in December 2019, the Administrative Court of Cundinamarca dismissed the plaintiffs’ claim in May 2021 on procedural grounds. The plaintiffs subsequently appealed this decision and the appeal is currently pending before Cundinamarca’s Administrative Court which will have to decide on this matter in lightthe Council of the abovementioned ruling of the Constitutional Court.State.


La Colosa Human Rights Litigation: In November 2014, the Personero (Ombudsman) of Ibagué, the capital of the Tolima department, filed a 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 (Court) which is an autonomous judicial institution based in San José, Costa Rica whose purpose is the application and interpretation of the Convention. The petition alleges that the Colombian government denied justice to the Personero as a result of the failure of the Colombian judiciary to resolve the issues raised in two class actions filed 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 Commission currently has not accepted nor referred the case to the Court. If the case would 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 up with the Colombian government for updates.


Paramo Delimitation: In November 2016, the Colombian government issued Resolution 19871987/2016 delineating certain wetlands or moorlands as environmentally important protected areas, which designation includes certain areas in and around the La Colosa project. In these areas there are limitations, or in some instances outright bans, on mining and mining-related activities. These limitations and bans could potentially adversely impact the design, operations and production of the mining project at the La Colosa project. On 12In June 2017, AGAC filed suit against the Colombian Ministry of the Environment in the Administrative Court of Cundinamarca to annul Resolution 19871987/2016 on technical and other grounds. The lawsuit was admitted on 30in April 2019. The Ministry of the Environment, as defendant in this action, is expected to file its response to the annulment claim.


Zonte Metals: 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 which 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 Council of State 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 Gramalote Colombia Limited (Gramalote) from progressing a pending application to integrate the disputed corridors with Gramalote’s tenement. The Antioquia Secretary of Mines has filed its response to the Zonte Metals claim, which includes arguments



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aligned with the interests and position of Gramalote. On 4In September 2017, the Council of State approved Gramalote’s request to be made an interested party to the lawsuit, but it rejected Gramalote’s request to join the Antioquia Secretary of Mines as a co-defendant on 28in August 2019. On 24In 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 2In April 2013, AngloGold 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 24in time. In 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 resulting from the failure of their crops. This matter has been adjourned indefinitely. As plaintiffs in these matters have not actively pursued these legal proceedings, AGAG intends to allow some time to pass prior to applyingis taking steps to have the matter struck outthese matters dismissed 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 mine. The parties reached agreement on the terms of the separation and concluded a separation agreement on 8 November 2012. On 20February 2014, AGAG was served with a demand 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. The arbitration panel has been constituted and held an arbitration management meeting to address initial procedural matters on 26 July 2019. The arbitration is currently pending.



Ghana Mining Licenses Litigation: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 19In January 2019, the Ghanaian Attorney General filed its statement of case, agreeing with the position of the plaintiffs (that the mining leases required parliamentary ratification) and requesting that the Supreme Court order the mining companies to pay the Ghanaian government all revenue related to mining activities accrued during the time such mining leases were unratified. On 18In April 2019, AGAG and AAIL, in coordination with the other mining companies, filed their statement of case. The Supreme Court has not yet set a date for the first hearing to commence the 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. Even though both parties had originally decided to submit their dispute to an independent audit firm to be appointed by a common 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 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 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 against AngloGold Ashanti and certain related parties, alleging that AngloGold Ashanti and such parties did not provide Newmont Corp. with certain information material to its purchase of the Cripple Creek & Victor Gold Mining Company (CC&V) in 2015 during the negotiation and sale process. On 18 March 2020, AngloGold Ashanti’s motions for summary judgment were granted and the 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 TZS9.6 billion (approximately $6 million). On 30In April 2015, the High Court issued a judgementjudgment in favour of GGM. In 2016, plaintiffs appealed to the Court of Appeal, where the matter is pending.


Geita Gold Mining Limited (GGM) and Samax Resources Limited (Samax) v. Government of Tanzania: On 13 In July 2017, GGM and Samax filed a notice of arbitration against the government 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 government of Tanzania and each 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. On 15Since January 2019, at the request of the parties, requested that the arbitral proceedings behave been stayed until 12 July 2019several times in order to afford the parties the opportunity to achieve an amicable resolution of the dispute. A further extensiondispute and as a result of the stay until 13 January 2020 was subsequently granted. On 29 January 2020,impact of the Arbitral Tribunal granted another extensionCOVID-19 pandemic. In October 2022, the parties agreed to stay the arbitralarbitration proceedings until 13 May 2020 on the basis that this stay is final, unless there are principled grounds for a further stay.
period of 12 months until 6 November 2023.


Arbitration under the United Kingdom-Tanzania Bilateral Investment Treaty (UK-Tanzania BIT):Unrelated to the arbitration proceedings under the MDA described above, on 4in September 2017, GGM and Samax, together with Cluff Oil Limited and Cluff Mineral Exploration Limited, notified the government of Tanzania in writing that the Tanzanian government’s conduct amounted to a breach of its commitments under the UK-Tanzania BIT. 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. Following the expiry of the ‘cooling off’ period on 4in March 2018, GGM, Samax, Cluff Oil Limited and Cluff Mineral Exploration Limited are now entitled to submit their dispute with the government of Tanzania to ICSID arbitration in accordance with the terms of the UK-Tanzania BIT to the extent that they may deem this necessary.







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BRAZIL


Public Civil Action between Mineração Serra Grande S.A. (MSG) and the Goiás State Public Prosecutor's Office (Prosecutor): On 28In 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, completely deactivate the tailings dam by 15 September 2021 and 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 27in September 2019 and contends that it has not violated any Brazilian laws or regulations applicable to operations of the Serra Grande tailings dam. On 10In February 2020, the Court granted an injunction in respect of a number of the requests made by the Prosecutors.Prosecutor. 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.
In May 2020, the Court clarified that its injunction should be interpreted in line with the legal requirements of ANM Resolution No. 13/19. In June 2020, the Prosecutor presented further technical arguments in court, reiterating its request for an injunction ordering MSG to, inter alia, deactivate the tailings dam by September 2021 and to decommission the tailings dam, including complete removal of tailings material. Afterwards, MSG filed an interlocutory appeal against the preliminary injunction granted in February 2020 and a motion for further clarification. In August 2020, both MSG and the Prosecutor filed petitions informing the Court that the parties did not wish to produce oral evidence at a hearing. In May 2021, the Court upheld the preliminary injunction ordering the deactivation of the Serra Grande tailings dam by 15 September 2021 and its decommissioning by 15 September 2025, both of which are consistent with the deadlines established by existing legal and regulatory requirements. In June 2021, the Prosecutor appealed this decision. The Court of Appeals of Goiás tried the case on 4 August 2022 and has affirmed the first instance decision. On 3 November 2022, the Prosecutor appealed this decision to the Superior Court of Justice.


Public Civil Action between AngloGold Ashanti Córrego do Sítio Mineração SA (AGA Mineração) and the Minas Gerais State Public Prosecutor's Office (Prosecutor): On 6In 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 facilitydam if the “dam break” studies identify communities that are located in the self-rescue zone. On 21In 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 facilitiesdams 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. During the months of March through May 2020, all parties presented their arguments in court. In June 2020, the Court rejected the Prosecutor’s request to grant an injunction. In July 2020, the Court’s decision not to grant an injunction was upheld on appeal by the Court of Appeals of Minas Gerais. Subsequently, the Court issued an order proposing a conciliation hearing between the parties, to which none of the parties objected. On 12 March 2020,28 January 2022, the parties filed a joint petition requesting the cancellation of the conciliation hearing and the suspension of the legal proceedings in view of negotiations between the parties to explore a possible settlement. On 2 June 2022, AGA Mineração presented its arguments in court challengingand the requested injunction. This matter is ongoing.Prosecutor entered into a settlement. Pursuant to the settlement, AGA Mineração will, among other measures, update the emergency action plan and decommission the Cuiabá tailings dam according to the schedule filed with the relevant mining and environmental agencies. AGA Mineração will also prepare a technical study to assess the potential evacuation of communities from the self-rescue zone during the decommission stages. The Court approved the settlement on 29 July 2022 and the public civil action was terminated.






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DIVIDENDS


General


Dividends are proposed by and approved by the board of directors of AngloGold Ashanti (the “board”), based on the company’sCompany’s financial performance.performance and compliance with applicable laws, including in respect of the solvency and liquidity test contemplated in the SA Companies Act. Dividends are recognised when declared by the Board of Directors of AngloGold Ashanti (Board).Board. AngloGold Ashanti’s dividend policy allows the Board to declare an annuala semi-annual dividend to be based on 1020 percent of the free cash flow generated by the business for that financial year, before taking into account growth capital expenditure.expenditure, subject to applicable laws required to be complied with before a dividend may be declared by the Board. 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.Group.


Dividends may be declaredAs a company incorporated in any currency ataccordance with and bound by the discretioncompany laws of the Board orRepublic of South Africa with its primary listing on the Johannesburg Stock Exchange, AngloGold Ashanti shareholders at a general meeting. Currently,is required to declare dividends in South African rands. Therefore, 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,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 depositaryDepositary 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“Item 10D: Exchange Controls”, “Item“Item 10E: Taxation-SouthTaxation—South African Taxation-TaxationTaxation—Taxation of dividends” and “Item 10E: Taxation-UnitedTaxation—United States Taxation-TaxationTaxation—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 companyCompany 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.


The dividends tax is generally imposed on the beneficial owner of the dividends. The dividends paid to South African shareholders may be exempt from dividend withholding tax couldin terms of certain domestic exemptions, or may be reduced to a lower rate under an applicable double tax treaty, if all requirementsthe required declarations and undertakings are met.provided by the beneficial owner of the dividend. In the case of dividends paid to a US holder with respect to shares, 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)(the “US/SA Double Taxation 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 10ten percent of the voting stock of AngloGold Ashanti, provided that the applicable declaration and undertaking are given by the beneficial owner that the reduced rate applies.Ashanti. In all other cases, the maximum tax rate under the US/SA Double Taxation Treaty is 15 percent of the gross amount of the dividend. Different rules may 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 basepermanent establishment 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, certain South African compliance requirements must be met in order to obtain the double tax treaty relief.establishment.















8B.SIGNIFICANT CHANGES







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8B.    SIGNIFICANT CHANGES

Refer to “Item“Item 18: Financial Statements-Note 37-Subsequent events”Statements—Note 35—Subsequent Events”.








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ITEM 9: THE OFFER AND LISTING




9A.OFFER AND LISTING DETAILS

9A.    OFFER AND LISTING DETAILS

The principal trading markets for AngloGold Ashanti’s ordinary shares are the New York Stock Exchange (NYSE), in the form of ADSs, under the symbol “AU” and the JSE Limited, in the form of ordinary shares, under the symbol “ANG”. Each ADS represents one ordinary share.














9B.    PLAN OF DISTRIBUTION
9B.PLAN OF DISTRIBUTION


Not applicable.





9C.MARKETS




9C.    MARKETS

NATURE OF TRADING MARKET


The principal trading markets for AngloGold Ashanti’s ordinary shares are the New York Stock Exchange,NYSE, in the form of ADSs, under the symbol “AU” (each representing one ordinary share) 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”“AAD”, and the Australian Securities Exchange, in the form of ChessCHESS Depositary Interests (each representing one-fifth of an ordinary share) under the symbol “AGG”. AngloGold Ashanti was approved for a secondary listing on A2X Markets (A2X) in South Africa and its shares were admitted to trading on A2X on 6 June 2022 under the symbol “ANG”.











9D.SELLING SHAREHOLDERS

9D.    SELLING SHAREHOLDERS

Not applicable.













9E.    DILUTION
9E.DILUTION


Not applicable.












9F.EXPENSES OF THE ISSUE

9F.    EXPENSES OF THE ISSUE

Not applicable.




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ITEM 10:    ADDITIONAL INFORMATION




10A.SHARE CAPITAL


Not applicable.









10B.MEMORANDUM OF INCORPORATION


At the last annual general meeting held on 916 May 2019,2022, AngloGold Ashanti did not need to seekreceived approval from shareholders (by way of a special resolution) to make any changes to its Memorandum of Incorporation (MoI).amend the MoI as follows:


Considering1.by 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 shareholdersdeletion of the phrase “Subject to 9.4.3, this” at the beginning of clause 1.3 and the replacement thereof with the word “This”;
2.by the deletion of clause 9 (Rights Attaching to Preference Shares) in its entirety; and
3.by the amendment of Schedule 1 (Authorised Shares) as follows:

3.1    by the deletion of paragraphs 2, 3 and 4 of Schedule 1 in their entirety; and
3.2    by the deletion of the table at the end of Schedule 1 in its entirety and the replacement thereof with the following 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 Companytable:

Share capitalSouth African Rands
600,000,000 ordinary shares of R0.25 each150,000,000

The reason for these amendments is to comply with the provisions of the SA Companies Act 71 of 2008 (as amended) (the Companies Act) and the JSE Listings Requirements in order to amendand, following the recent redemption of all of the A redeemable preference share termsshares and B redeemable preference shares of the Company, to remove all references in the MoI to the A redeemable preference shares, the B redeemable preference shares and the BC redeemable preference shares, as well as all of the provisions relating to all such redeemable preference shares, and thereby to remove all such redeemable preference shares from the authorised share terms atcapital of the next AGM.Company.


Registration


AngloGold Ashanti is incorporated under the company laws of the Republic of South Africa and is registered with the Companies and Intellectual Property Commission under registration number 1944/017354/06. The SA Companies Act has abolished the requirement for specific “object and purpose” provisions to be included in a memorandum of incorporation and although the MoI is 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“Item 10H: Documents on Display” and a summary of the pertinent provisions, including the 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 SA Companies Act and the Companies Regulations, 2011, promulgated under the SA Companies Act (Regulations)(the “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“Item 10C: Material Contracts-TheContracts—The Deposit Agreement”.


The SA 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 the1 May 2011 (the effective date of the SA Companies ActAct) 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. Should the company wish, it may also elect to convert its authorised par value shares to shares of no par value, subject to the relevant process and approvals contemplated in the SA Companies Act.




Directors




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The management and control of any business of AngloGold Ashanti is vested in theits 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 companyCompany 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.MoI and the SA Companies Act.


The board 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 chairmanchairperson 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 SA 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 or she 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 SA Companies Act in this regard are unalterable and will automatically apply, together with the applicable common law rules. Under the SA 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 SA 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 SA Companies Act, remain present during the meeting when the matter in which hehe/she has interest is being discussed but will be counted as present for the purposes of a quorum.quorum (but is not to be regarded as being present at the meeting for the purposes of determining whether a resolution has sufficient support to be adopted).


Share Rights, Preferences and Restrictions


Allotment and Issue of Ordinary Shares


Subject to the JSE Listings Requirements, the SA 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 ordinary 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.






245


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,distributions (as defined in the SA Companies Act, which includes dividends), subject to the companyCompany satisfying the solvency and liquidity test as provided byset out in section 4 of the SA Companies Act and the board passing a resolution acknowledging that such test has been applied and has reasonably concluded that the companyCompany 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.


As a companyCompany incorporated and registered in the Republic of South Africa with its primary listing on the Johannesburg Stock Exchange, AngloGold Ashanti is required to declare dividends in South African rands. Dividends are paid in South African rands, Australian dollars, Ghanaian cedis and British pounds. Registered holders of AngloGold Ashanti ADSs are paid dividends in US dollars by The Bank of New York Mellon as depositary,Depositary, in accordance with the Deposit Agreement. See “Item“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 5 percent of the issue price of the B preference shares or an amount equivalent to the balance of the after tax profits arising from income derived from mining the Moab Lease Area as determined by the directors in each financial year. The annual dividend shall be a first charge on any profit available for distribution from the Moab Lease Area but shall not be payable from any other profits of 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 and the SA Companies Act, 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,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.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 Australian Chess Depositary Interests (CDIs) and Ghanaian 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,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 companyCompany 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 SA Companies Act and the JSE Listings Requirements.


The directors are authorised, subject to any requirements of the JSE Listings Requirements, the SA Companies Act, the Regulations 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 be made to the MoIMoI. The SA Companies Act and the JSE Listings Requirements currently doesdo 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 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, 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 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

Ashanti 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.


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Shareholders’ meetingsMeetings


The directors may convene meetings of AngloGold Ashanti shareholders. Subject to the provisions of the SA 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 SA 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.meetings at which they are entitled to vote.


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, theThe quorum of a shareholders’ meeting 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 and remain 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 (i) acquires a beneficial interest in sufficient securities of a class of securities issued by AngloGold Ashanti such that, as a result of the acquisition, the person holds a beneficial interest in securities amounting to five percent, 10ten percent, 15fifteen percent or any further whole multiple of five percent of the issued securities of that class or (ii) disposes of any beneficial interest in sufficient securities of a class of securities issued by AngloGold Ashanti such that, theas a 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 is 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 companyCompany 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 companyCompany 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 10ten 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 SA Companies Act, a shareholder or director may, under certain circumstances, seek relief from thea court if he has been unfairly prejudiced by any act or omission of the companyCompany or a related person, by the conduct of the business of the companyCompany or a related person in a particular manner, or the exercise of the powers of the directors of the companyCompany or a related person in a particular manner. There may also be personal and derivative actions available to a shareholder of a company.Company.


Pursuant to the SA Companies Act, a shareholder may petition a South African court for relief from the actions or omissions or business conduct of the companyCompany or the actions of the company’sCompany’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’sCompany’s MoI, or to approve a fundamental transaction (and complied with other requirements set out in the SA Companies



247


Act) may exercise its appraisal right to demand that the companyCompany pay to it the fair value for all the shares of the companyCompany held by that shareholder.


Description of ADSs


The Bank of New York Mellon issuesregisters and delivers AngloGold Ashanti’s American Depositary Shares, or ADSs. Please see “Item“Item 10C: Material Contracts-DescriptionContracts—Description of AngloGold Ashanti ADSs”.






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10C.MATERIAL CONTRACTS


Multi-currency Revolving Credit FacilitiesFacility


General


On 7 July 2015,23 October 2018, AngloGold Ashanti Holdings plc (“AGAH”) and AngloGold Ashanti Australia Limited, as borrower,borrowers, 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 unsecuredmulti-currency syndicated revolving credit facility of ZAR 2.5$1.4 billion (about $179 million) (the ZAR Revolving Credit Facility)“2018 multi-currency RCF”) with Nedbank Limited and ABSAthe Bank Limited,of Nova Scotia, 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).lenders. The agreement has been amended and restated on 29 January 2019. Facility A isloan consisted of (i) a US dollar based facility with interest charged at a margin of 6.7%1.45% above LIBOR. Facility B is a Tanzanian shillingLIBOR and (ii) an Australian dollar based facility capped at the equivalent of $45A$500 million with interest charged at a margin of 5% plus a reference rate as determined by1.45% above BBSY. The A$500 million portion of the lending agent. As of 19 March 2020,2018 multi-currency RCF was used to fund the equivalent of $110 millionworking 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. On 9 June 2022, the 2018 multi-currency RCF was drawn under this revolving facility.repaid and cancelled, and replaced with the 2022 multi-currency RCF (as defined below).


On 23 October 2018, AngloGold Ashanti Holdings plc9 June 2022, AGAH and AngloGold Ashanti Australia Limited, as borrowers, entered into a new five-year unsecured multi-currency syndicated revolving credit facility of $1.4 billion (the Multi-Currency Revolving Credit Facility)“2022 multi-currency RCF”) maturing in June 2027, with the option of two one-year extensions on application. The 2022 multi-currency RCF was entered into with The Bank of Nova Scotia, as facility agent, and certain financial institutions party thereto, as lenders. The loan2022 multi-currency RCF consists of (i) a US dollar based facility (base currency) with interest charged at a margin of 1.45% above LIBOR and (ii) an Australian dollar based facility capped at A$500 million which 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 2022 multi-currency RCF was entered into on substantially similar terms to the 2018 multi-currency RCF, save in respect of the basis for the US dollar interest charged at a margin of 1.45% above BBSY. The applicable margin is subjectrate which transitioned from LIBOR to a ratings grid.Compounded SOFR. As of 1910 March 2020,2023, the equivalent of $945$37 million was drawn under this Revolving Credit Facility.the AUD portion of the 2022 multi-currency RCF.

Guarantees


The Multi-Currency Revolving Credit Facility2022 multi-currency RCF is guaranteed by AngloGold Ashanti Holdings plcAGAH and AngloGold Ashanti 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.


Security


TheSave as set out under the heading “—Guarantees” above, the obligations under all the revolving credit facility agreements2022 multi-currency RCF are unsecured.


Amount and repayment of borrowings


Loans under the Multi-Currency Revolving Credit Facility2022 multi-currency RCF must be for a minimum of $10 million, if the currency selected is the base currency (US dollar), or a minimum of A$10,000,00010 million (or for the balance of the undrawn total commitments at the time of the drawing), if the currency selected is Australian Dollars.dollars. No more than 14 loans may be outstanding at any time. Each loan must be repaid on the maturity date in the same currency as the maturing loan. All loans must be repaid in full on the final maturity date. The 2022 multi-currency RCF matures in June 2027, with the option of two one-year extensions on application.

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 Multi-Currency Revolving Credit Facility2022 multi-currency RCF is calculated based on LIBOR,Compounded SOFR in the case of loans drawn in US dollars and BBSY in the case of loans drawn in Australian dollars, in each case plus ana margin. The initial margin ofis 1.45 percent per annum, that variesbut may vary between 0.950.90 percent and 2.15 percent per annum depending on the long-term debt rating of AngloGold Ashanti Holdings plc,AGAH. The applicable margin is subject to a ratings grid. In this regard, the interest margin will reduce if the group's credit rating improves from its current BB+/Baa3 status and in relation to any Loan in Australian Dollars, BBSY, and certain mandatory costs.will increase if its credit rating worsens. Interest on loanseach loan 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-monthly intervals after the day the loan was made.

The annual interest rate on loans drawn under the ZAR Revolving Credit Facility is calculated based on JIBAR, plus a margin of 1.8 percent. Interest on loans is payable on the last day of therelevant loan’s interest period and, if the interest period exceeds six months, on the dates falling at six-monthly intervals after the first day of thatthe interest period.


The borrowers under the Multi-Currency Revolving Credit Facility2022 multi-currency RCF 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 0.10 percent per annum (if the aggregate outstanding loans are less than one third of the total commitments then in effect), 0.20 percent per annum (if the aggregate outstanding loans are equal to or greater than one third but less than two thirdstwo-thirds of the total commitments then in effect) or 0.40 percent per annum (if the aggregate outstanding loans are equal to or greater than two thirdstwo-thirds of the total commitments then in effect).

The borrower under the ZAR Revolving Credit Facility is required to pay a commitment fee of 0.60 percent on the undrawn and uncancelled amount of each lender’s commitment during the commitment period. The borrower is also required to pay a utilisation fee of 0.20 percent per annum (if the aggregate outstanding loans are less than one third of the total commitments then in effect), 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 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





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The revolving credit agreements include2022 multi-currency RCF includes 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)agreement) 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 agreements,agreement, for one six-month period subject to certain criteria. Refer to “Item“Item 18: Financial Statements-Note 36-CapitalStatements—Note 34—Capital Management” for the formulae used in the revolving credit agreementsagreement to test compliance with the covenants.


Change of control


If a lender so requires, the commitment of such lender under the Multi-Currency Revolving Credit Facility or the ZAR Revolving Credit Facility2022 multi-currency RCF 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.Limited or (as applicable) an eligible successor holding company of AGAH.


Undertakings


The revolving credit agreements contain2022 multi-currency RCF contains a negative pledge covenants,covenant, 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 agreements2022 multi-currency RCF also contain,contains, among others,other things, 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 Holdings plcAGAH 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


The revolving credits agreements contain2022 multi-currency RCF contains 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 Holdings 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,agreement, 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 agreements2022 multi-currency RCF and the other loan documents.


The above description is only a summary of certain provisions of the revolving credit agreements2022 multi-currency RCF and is qualified in its entirety by reference to the provisions of the revolving credit agreements,2022 multi-currency RCF, a copy of eachwhich is attached hereto as Exhibit 19.4.419.4.4.1 and is incorporated herein by reference.


Notes


2012 Notes

On 30 July, 2012,Each of the series of notes described below were issued under the indenture, dated as of 28 April 2010, among AngloGold Ashanti Holdings plc (AGAH)(“AGAH”), as issuer, AngloGold Ashanti Limited, as guarantor, and The Bank of New York Mellon, as trustee (the “Indenture”). The below descriptions are only a summary of certain provisions of those series of notes and are qualified in their entirety by reference to the provisions of the Indenture and such relevant series of notes, a copy of each – in respect of the outstanding series of notes – is attached hereto as Exhibits 19.2.1, 19.2.2, 19.2.3, 19.2.4 and 19.2.5 and is incorporated herein by reference.

2028 Notes

On 22 October 2021, AGAH issued $750 million 5.1253.375 percent Notes due 20222028 (the 2012 Notes)“2028 notes”). The interest on the 2012 Notes2028 notes is payable semi-annually on 1 FebruaryMay and 1 AugustNovember of each year, commencing on 1 February, 2013.May 2022. AGAH may on any one or more occasions redeem all or part of the 2012 Notes,2028 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2012 Notes2028 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 20122028 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 30 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 2028 notes. The 2028 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 2028 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



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of control of the guarantor and a downgrade, within a specified period, of the 2028 notes by three rating agencies, holders of the 2028 notes have the right to require the issuer to repurchase all or any part of their 2028 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2028 notes repurchased, plus accrued and unpaid interest, if any, on the 2028 notes repurchased to the date of repurchase.

The offering of the 2028 notes was registered under the Securities Act. The 2028 notes were listed on the New York Stock Exchange.


2030 Notes

On 1 October 2020, AGAH issued $700 million 3.750 percent Notes due 2030 (the “2030 notes”). The interest on the 2030 notes is payable semi-annually on 1 April and 1 October of each year, commencing on 1 April 2021. AGAH may on any one or more occasions redeem all or part of the 2030 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2030 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2030 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.2030 notes. The 2012 Notes2030 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 Notes2030 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 rating2030 notes by twothree rating agencies, holders of the 2012 Notes2030 notes have the right to require the issuer to repurchase all or any part of their 2012 Notes2030 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2012 Notes2030 notes repurchased, plus accrued and unpaid interest, if any, on the 2012 Notes2030 notes repurchased to the date of purchase.repurchase.


The offering of the 2012 Notes2030 notes was registered under the Securities Act. The 2012 Notes2030 notes were listed on the New York Stock Exchange.


20102022 Notes


On 30 July 2012, AGAH issued $750 million 5.125 percent Notes due 2022 (the “2022 notes”). The interest on the 2022 notes was payable semi-annually on 1 February and 1 August of each year, commencing on 1 February, 2013. AGAH was permitted on any one or more occasions to redeem all or part of the 2022 notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2022 notes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2022 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 had 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 2022 notes. The 2022 notes were unsecured and unsubordinated and were fully and unconditionally guaranteed by AngloGold Ashanti Limited.

AGAH had agreed to observe certain covenants with respect to the 2022 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 2022 notes below an investment grade rating by two rating agencies, holders of the 2022 notes had the right to require the issuer to repurchase all or any part of their 2022 notes in cash for a value equal to 101 percent of the aggregate principal amount of 2022 notes repurchased, plus accrued and unpaid interest, if any, on the 2022 notes repurchased to the date of purchase.

The offering of the 2022 notes was registered under the Securities Act. The 2022 notes were listed on the New York Stock Exchange.

The 2022 notes were redeemed in October and November 2021 and are no longer outstanding.

2020 Notes and 2040 Notes

On 28 April 2010, AGAH issued $700 million 5.375 percent Notes due 2020 (the “2020 notes”) and $300 million 6.500 percent Notes due 2040 (together,(the “2040 notes” and together with the 2010 Notes)2020 notes, the “2010 notes”). The interest on the 2010 Notesnotes is payable



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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,notes, at a redemption price equal to the greater of (1) 100 percent of the principal amount of the 2010 Notesnotes to be redeemed and (2) the sum of the present values of the remaining scheduled payments of principal and interest on the 2010 Notesnotes (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 notes and 30 basis points with respect to the 2010 Notes maturing in 2040 notes, 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.notes. The 2010 Notesnotes 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 Notesnotes 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 Notesnotes below an investment grade rating by two rating agencies, holders of the 2010 Notesnotes have the right to require the issuer to repurchase all or any part of their 2010 Notesnotes in cash for a value equal to 101 percent of the aggregate principal amount of 2010 Notesnotes repurchased, plus accrued and unpaid interest, if any, on the 2010 Notesnotes repurchased to the date of purchase.


The offering of the 2010 Notesnotes was registered under the Securities Act. The 2010 Notesnotes were listed on the New York Stock Exchange. The 2020 notes were repaid at maturity on 15 April 2020 and are no longer outstanding.



For further information, see “Note 26: Borrowings” to our Annual“Item 18: Financial Statements included in Statements—Note 24—Borrowings”,“Item 18 of this Annual Report, “Item 5B: Liquidity and Capital Resources” and “Item“Item 19: Exhibits to Form 20-F”.



Description of AngloGold Ashanti ADSs


The Bank of New York Mellon issuesregisters and delivers AngloGold Ashanti’s American Depositary Shares, or ADSs. Each 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 depositaryDepositary and the owners and beneficial owners of American Depositary Receipts (Deposit Agreement)(the “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 statements on Form F-6F-6 (Registration No. 333-133049Nos. 333-133049 and No. 333-159248) on 27 May 2008 and 14 May 2009, respectively. A copy thereof is also attached hereto as Exhibit 19.2.6 and is incorporated herein by reference. See “Item“Item 10H: Documents on 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 240 Greenwich Street, New York, New York 10286.


Description of the ADSs


The Bank of New York Mellon, as depositary,Depositary, registers and delivers ADSs. Each ADS represents one ordinary share (or a right to receive one share) deposited with Standard Bank of South Africa Limited FirstRand Bank Limited or HSBC Bank Australia Limited, each as a custodian for The Bank of New York Mellon, and allboth of which are referred to collectively as “the Custodian”the “Custodian”. Each ADS also represents 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 are administered is located at 240 Greenwich Street, New York, New York 10286. The Bank of New York Mellon’s principal executive office is also located at 240 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 depositaryDepositary may register the ownership of uncertificated ADSs, which ownership will be evidenced by periodic statements sent by the depositaryDepositary to the registered holders of uncertificated ADSs.





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AngloGold Ashanti does 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 Custodian 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“—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 it 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 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 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"“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.





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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.Act. 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 impracticable 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 its 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 Office 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 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.






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Fees and Expenses
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 ADSAny cash payment
Registration or transfer feesTransfer 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 yearDepositary 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 Custodian has to pay on any ADS or AngloGold Ashanti ordinary share underlying an ADS,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 ADSsDistribution of securities distributed to holders of deposited securities that are distributed by The Bank of New York Mellon to ADS holders






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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 The 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 depositaryDepositary 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;




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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, 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 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.ADSs.


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 depositaryDepositary 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 collateralizedcollateralised with cash, US government securities, or other collateral that The Bank of New York Mellon considers appropriate; and
The 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 depositaryDepositary may register the ownership of uncertificated ADSs, which ownership will be evidenced by periodic statements sent by the depositaryDepositary 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 depositaryDepositary to register a transfer of those ADSs to DTC or its nominee and to deliver those ADSs to



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the DTC account of that DTC participant without receipt by the depositaryDepositary of prior authorizationauthorisation 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 sendswill send 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.






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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 South Africa. Exchange controls are administered by the Financial Surveillance Department of the South African Reserve Bank (SARB), in terms of the Exchange Control Regulations, and regulate transactions involving South African residents and non-residents, with the exception of transactions between South African residents and residents of the Common Monetary Area, which comprises South Africa, the Kingdoms of Lesotho and Eswatini (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 aspectspurpose of exchange control forcontrols is to mitigate the decline of foreign capital reserves in South African companies and financial institutions as well as forAfrica.

The Government of South African individuals. However, it is impossibleAfrica has, however, committed itself to predict with any certainty if and when the government will removerelaxing exchange controls gradually and significant relaxation has occurred in their entirety or how the controls may continue to change over time.recent years.


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, whenparticularly where the consideration is payable in cash, but may requirea form other than cash. In this regard, the SARB review andwill give approval in certain circumstances, including whenwhere it is persuaded, inter alia, that the consideration is equity in a non-South African company or whenpayable for the acquisition of the shares or assets is financed by a loan froman arm’s-length consideration and that such acquisition offers benefits to South Africa. In addition, where shares in a South African lender.company are acquired by a non-resident, the share certificates issued to the non-resident shareholder must be endorsed “non-resident” by the SARB (or an Authorised Dealer).


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.SARB, provided that the shares in respect of which the dividends are declared have been endorsed “non-resident” by the SARB or an Authorised Dealer at the time of acquisition. 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


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10E.Taxation

South African taxation


General
The following discussion summarisessection provides a summary of the South African tax consequences ofconsequent upon 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 practice of the 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 ofUS/SA Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, signed 17 February 1997 (Treaty),Treaty, and in part upon representations ofmade by the depositary, andDepositary, on the basis that it 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, with a fixed base situated therein, or who is otherwise not entitled to the full benefits under the US/SA Double Taxation Treaty. It should be appreciated that South Africa ratified the Multilateral Convention to Implement Tax Treaty-related measures to prevent Base Erosion and Profit Shifting (BEPS MLI) on 30 September 2022 and that one should thus read the applicable treaty, including the US/SA Double Taxation Treaty, in this context.


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 US/SA Double Taxation 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.


The dividends tax is generally imposed on the beneficial owner of the dividends. The dividends tax is subject to domestic exemptions or relief in terms of an applicable double taxation treaty. The application of such domestic exemptions or relief in terms of an applicable double taxation treaty is subject to the making of certain declarations and undertakings by the beneficial owner of the dividends to the regulated intermediary making payment of the dividend. In terms of the latest amendments to the tax provisions, the declaration and undertaking entitling the beneficial owner to a reduced dividend withholding tax rate must be renewed every five years, subject to certain exemptions.

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 US/SA Double Taxation 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 10ten percent of the voting stock of AngloGold Ashanti,the Company, 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 US/SA Double Taxation Treaty is 15 percent of the gross amount of the dividend. Even though the domestic rate is 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.

Different rules may 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 services from a fixed basepermanent establishment 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, certain South African compliance requirements must be met in order to obtain the double tax treaty relief, including amongst others the completion of a declaration and undertaking by the beneficial owners in favour of the Company and/or the relevant participant. regulated intermediary.

In terms of the latest tax proposalsprovisions the declaration and undertaking need to be renewed at least every five years unless the regulated intermediary is subject to the provisions of inter alia the US Foreign Account Tax Compliance legislation.


A dividend is currently defined as any amount transferred or applied by a company that is a resident (including AngloGold Ashanti)the Company) 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. The definition of



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a dividend specifically excludes any amount transferred or applied by the companyCompany that results in a reduction of so-called contributed tax capital (CTC) of the relevant class of shares, or constitutes shares in the companyCompany or constitutes an acquisition by the companyCompany 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 companyCompany embarks upon a general repurchase of securities, the proceeds areof such repurchase would not deemed to beconstitute 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 arewould 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.company, less the amount of CTC that has been returned to shareholders. Any application of CTC is limited to the holders of a class of shares and specifically thatshares. In addition, 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. The definition of CTC is subject to various provisos. Recently the definition of CTC was amended to make it clear that CTC can only be transferred to shareholders proportionally.


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.


Dividends are generally exempt from the payment of income tax, subject to various exclusions. If a dividend is not exempt from income tax it follows that dividends tax will not also be levied.

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).The general corporate income tax rate has recently been reduced to 27 percent.


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 and buildings 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.


Gains realised on the sale of ordinary shares are automatically deemed to be onof a capital accountnature and therefore, subject to capital gains tax provided the ordinary shares have been held for a continuous period of at least three years. This deeming provision is limitedapplicable to ordinary shares“equity shares” as defined in section 1 of the South African Income Tax Act, No. 58 of 1962 (the “SA Income Tax Act”), and doesmay not extend to preference shares or ADSs. ADSs where the preference shares or ADSs do not constitute “equity shares” as so defined.

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.Africa or constitute an interest in immovable property as indicated above. In contrast, gains on the disposal of securities which are not capital in nature are usually subject to income tax. Any asset held as a long-term investment will be considered a capital asset and subject to capital gains tax on the disposal of such an asset. Any asset acquired for purposes of resale as part of a profit-making scheme will not be considered a capital asset and will be subject to income tax on the disposal of such an asset. 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, redemption or redemptioncancellation thereof.





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STT on transfers of securities is charged at a rate of 0,250.25 percent on the 'taxable amount'‘taxable amount’ in respect of the 'transfer'‘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'‘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 companyCompany 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'‘transfer’ for STT purposes. A security is also defined as a depositary receipt in a company. Accordingly,Apart from STT isthus being payable upon the conversion of ADSs to shares and vice versa, , STT could also be payable on the transfer of a depositary receipt issued by a company, including specifically the ADSs issued by AngloGold Ashanti.the Company. Generally, the central securities depositaryDepositary 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'‘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. InThe person to whom the case of a transfer of a listed security eitheris transferred is liable for payment of the STT, and such tax must be paid through 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. The tax so payable may be recovered from the person to whom the security is liable for the tax.transferred. The tax must be paid by the fourteenth day of the month following the month during which the transfer occurred.


Withholding tax on interest


Generally, a 15 percent withholding tax may apply to the payments of interest.Under the US/SA Double Taxation Treaty, withholding is reduced to zero percent provided the interest is derived and beneficially owned by a resident of the United States.States will be taxable only in the United States (and therefore not subject to interest withholding tax in South Africa), subject to certain exclusions.


Value-Added Tax


The issue or transfer of shares is not a taxable supply for value-added tax (“VATVAT”) purposes.However, fees charged by independent service providers would beare subject to VAT at the standard rate of 15%.15 percent.



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. This summary is based on US tax laws including the Internal Revenue Code of 1986, as amended (the Code)“Code”), Treasury regulations promulgated thereunder, rulings, judicial decisions, administrative pronouncements, and the US/SA Double Taxation 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 depositaryDepositary 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) 10ten 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 through such entities, persons holding their shares as part of a straddle, hedging or conversion transaction, persons who acquired their shares pursuant to the exercise of employee stock options or otherwise as compensation, 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 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, any state thereof or the District of 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



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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, 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, the holder is urged to consult its own tax advisor regarding the specific tax consequences of the ownership and disposition of the 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 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 US/SA Double Taxation 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,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“Taxation—South African Taxation-Taxationtaxation—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 US/SA Double Taxation 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,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 depositaryDepositary 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’“passive category” income, or in the case of certain US holders, ‘general category’“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. AngloGold Ashanti currently believes that dividends paid with respect to its shares should constitute qualified dividend income for US federal income tax purposes. Each individual US holder of AngloGold Ashanti shares is urged to consult his own tax advisor regarding the availability of the reduced dividend tax rate in light of his own particular situation.





263


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 US/SA Double Taxation Treaty, such holder will not be subject to South African tax on any capital gain if it sells or disposes of its 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 the sale, exchange or other disposition of shares, 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’s tax basis, determined in US dollars, in the 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 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 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(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.holder), or the date of purchase in all other cases. 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 settlement date for the sale or disposition (in the case of shares traded on an established securities market that are sold by a cash basis US holder or an electing accrual basis US holder), or the date of sale or disposition. On the settlement date,disposition in all other cases. In addition, in such other cases, 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 foreign corporation will be classified a passive 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 20192022 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.

These consequences may include having gain realised on the disposition of shares treated as ordinary income rather than capital gain 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 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). 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



264


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 foreign persons, (ii) financial instruments and contracts held for investment that have foreign issuers or counterparties and (iii) interests in foreign entities. Therefore, the shares 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 formForm 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.










10F.DIVIDENDS AND PAYING AGENTS



265


10F.    DIVIDENDS AND PAYING AGENTS

Not applicable.












10G.STATEMENT BY EXPERTS

10G.    STATEMENT BY EXPERTS

Not applicable.












10H.Documents on Display


AngloGold Ashanti files annual reports on Form 20-F and reports on Form 6-K with the SEC. You may access this information at the SEC’s home page (http://www.sec.gov). Copies of the documents referred to herein may be inspected at AngloGold Ashanti’s offices by contacting AngloGold Ashanti at 76 Rahima Moosa Street, Newtown,112 Oxford Road, Houghton Estate, Johannesburg, 2001 (P.O. Box 62117, Marshalltown, 2107)2198 (Private Bag X 20, Rosebank, 2196) South Africa, Attention: Company Secretary, telephone number: +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’sCompany’s website shall not be deemed to cause such incorporation.





10I.SUBSIDIARY INFORMATION





10I.    SUBSIDIARY INFORMATION

Not applicable.







10J.     Annual Report to Security Holders

AngloGold Ashanti intends to submit its annual report provided to security holders in electronic format as an exhibit to a current report on Form 6-K.



266


ITEM 11: QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK


TREASURY POLICY


Risk management activities within the groupGroup are the ultimate responsibility of the board of directors.board. 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’sGroup’s counterparties.


Under the treasuryfinancial and risk management policy, hedges may be put in place once approved by the Board, using approved instruments over the group’sGroup’s planned gold production and resultant gold sales and currency exposures. The tenor of the hedges may extend out to 10 years. The treasuryfinancial and risk management policy sets trading limits on the extent to which the hedge position may change for the various levels of treasury management from dealer, through treasurer, executive management team and board.board members.


The financial risk management activities objectives of the groupGroup are as follows:
Safeguarding the group’sGroup’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 groupGroup and comply where necessary with all relevant regulatory and statutory requirements.


Under the treasuryfinancial and risk management policy, treasury reports are produced at the following minimum intervals for review by management and the board of directors.

directors:
DailyTreasurerTreasury Manager
MonthlyWeeklyExecutive CommitteeTreasurer
QuarterlyMonthlyTreasurer
QuarterlyAudit and Risk Committee and Board of Directors
Half-yearlyAudit 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 groupGroup internal audit function conducts regular and ad-hocad hoc reviews of the activities of treasury and the group’sGroup’s treasury system.


Gold price and other commodities risk management activities


In the normal course of its operations, the groupGroup is exposed to gold and other commodity price, currency, interest rate, equity price, liquidity and non-performance risk, which includes credit risk. The groupGroup is also exposed to certain by-product commodity price risk. In order to manage these risks, the groupGroup may enter into transactions which make use of derivatives. The groupGroup 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 2019,2022, the groupGroup had no commitments against future production potentially settled in cash.


In January 2020, AGAJuly 2022, AngloGold Ashanti entered into Asian style zero-cost collarsforward contracts for a total of 130,900 ounces ( i.e. 70%999,000 barrels of Argentina’s annual gold production)Brent Crude oil for the period February 2020January 2023 to December 2020.2023 that will be cash settled on a monthly basis against the contract price. The strike prices are $1,500 per ounceaverage price achieved on the floor andforward contracts is $89.20 per barrel of Brent Crude oil. At 31 December 2022, the mark-to-market value of these oil derivatives was an average priceunrealised loss of $1,701.34 per ounce on the cap.$6 million.


Foreign exchange price risk protection agreements


The group,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’sGroup’s foreign currency hedging activities is to protect the groupGroup from the risk that the eventual cash flows resulting from transactions denominated in US dollars will be adversely affected by changes in exchange rates.






267


As at 31 December 20192022 and 2018,2021, the groupGroup 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 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 $1 million as at 31 December 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.


Interest rate and liquidity risk

Fluctuations in interest rates impact 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 groupGroup 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 groupGroup 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.Group.


Cash and loans advanced maturity profile
2019201820222021
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 %
Maturity dateCurrencyFixed 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$21
 0.58 103
 1.09
  131
 1.99All less than one year$— 507 3.48 — 301 0.10 
ZAR166
 6.56 25
 5.00121
 6.44 21
 5.25ZAR1,471 6.87 — 1,337 3.54 — 
AUD
  41
 0.23
  52
 0.20AUD— — 49 1.07 — — 72 — 
BRL
  33
 5.94
  64
 6.13BRL— — 52 11.57 — — 106 4.27 
ARS1,831
 35.00 81
 28.00
  
 ARS18,178 66.50 2,362 65.50 13,256 34.00 — 
CAD— — — — — — 353 0.19 
GBP— — 1.54 — — — — 


Borrowings maturity profile
Within one yearBetween
One and two years
Between Two
and five years
After five yearsTotal
CurrencyBorrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings amount (million)
$16 5.5 63 11.9 58 12.4 1,721 4.1 1,858 
AUD— — — — 54 4.5 — — 54 
TZS3,586 12.5 201,542 12.5 — — — — 205,128 
 Within 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)
$731
 5.4
 65
 9.3
811
 5.5
291
 6.5
1,898
ZAR9
 8.2
 
 
999
 8.5

 
1,008
BRL1
 3.2
 
 
1
 3.2

 
2
AUD
 
 
 
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 20192022 including borrowing cost and accrued interest but excludes any fair value adjustments.






268


Interest rate risk
Fixed for less than one yearFixed for between one and three yearsFixed for greater than three years
CurrencyBorrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Borrowings
amount
(million)
Effective
rate
%
Total
Borrowings
amount
(million)
$16 5.5 128 12.1 1,714 4.1 1,858 
AUD— — — — 54 4.5 54 
TZS3,586 12.5 201,542 12.5— — 205,128 
  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)

$ 731
 5.4
 811
 5.5 356
 5.3
 1,898
ZAR 9
 8.2
 999
 8.5 
 
 1,008
BRL 1
 3.2
 1
 3.2 
 
 2
AUD 
 
 
  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 20192022 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. 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 $644$1,210 million in 20192022 for financial assets (2018: $495(2021: $1,300 million) and nil million for financial guarantees (2018:(2021: nil). Credit risk exposure netted by open derivative positions with counterparts was nil (2018:(2021: 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’sGroup’s financial instruments, as measured at 31 December, are as follows (assets (liabilities)):

20222021
Carrying
Amount
Fair
value
Carrying
Amount
Fair
value
(millions)$$$$
Cash and cash equivalents1,108 1,108 1,154 1,154 
Restricted cash60 60 58 58 
Deferred compensation asset12 12 25 25 
Short-term borrowings(18)(18)(51)(51)
Long-term borrowings(1,965)(1,808)(1,858)(1,960)
Listed investments - FVTOCI116 116 
Listed and unlisted investments
  2019 2018
  
Carrying
Amount

 
Fair
value

 
Carrying
Amount

 
Fair
value

(millions) $
 $
 $
 $
Cash and cash equivalents 456
 456
 329
 329
Restricted cash 64
 64
 66
 66
Short-term borrowings (734) (741) (139) (139)
Long-term borrowings (1,299) (1,394) (1,911) (1,945)
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.instruments, except for the deferred compensation asset which is carried at fair value in level 3 of the fair value hierarchy.


Investments and other non-current assetsOther investments


Listed equity investments classified as FVTOCI and FVTPL are carried at fair value while fixed income investments and other non-current assets are carried at amortised cost. Thein level 1 of 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.hierarchy.

Borrowings





269


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 December
20222021
(millions)$$
Other commodity contracts(6)— 
 Year ended 31 December
 2019
 2018
(millions)$ $
Unrealised   
Other commodity contracts(1)
8
 2

(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 20192022 (actual changes in the timing and amount of the following variables may differ from the assumed changes below).
20192022
Change in
exchange rate
Change in
exchange rate
Change in
borrowings
Total

$M
Debt$M
Debt
ZAR denominated (R/$)Spot (+R1.50)(7)
TZS denominated (TZS/$)Spot (+TZS250)(5(9))
AUD denominated (AUD/$)Spot (+AUD0.1)(1(2))
20192022
Change in

exchange rate
Change in

borrowings

Total

$M
Debt
ZAR denominated (R/$)Spot (-R1.50)9
TZS denominated (TZS/$)Spot (-TZS250)611 
AUD denominated (AUD/$)Spot (-AUD0.1)1





270


ITEM 12:    DESCRIPTION OF SECURITIES OTHER THAN EQUITY SECURITIES




12A.DEBT SECURITIES

12A.    DEBT SECURITIES

Not applicable





12B.    WARRANTS AND RIGHTS
12B.WARRANTS AND RIGHTS


Not applicable




12C.OTHER SECURITIES

12C.    OTHER SECURITIES

Not applicable




12D.AMERICAN DEPOSITARY SHARES

12D.3.DEPOSITARY FEES AND CHARGES

12D.    AMERICAN DEPOSITARY 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.”“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.

(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“Item 10C: Material Contracts - Contracts—The Deposit Agreement”.



12D.4.    DEPOSITARY PAYMENTS FOR 2022
12D.4.DEPOSITARY PAYMENTS FOR 2019


For the year ended 31 December 2019,2022, The Bank of New York Mellon, as Depositary, reimbursed AngloGold Ashanti an amount of $1,097,316.10 (2018: $557,454)$934,248 (2021: $1,083,405) mainly for investor relations relatedrelations-related expenses.








271


PART II
ITEM 13:DEFAULTS, DIVIDEND ARREARAGES AND DELINQUENCIES

ITEM 13:    DEFAULTS, DIVIDEND ARREARAGES AND DELINQUENCIES

None.




272


ITEM 14:    MATERIAL MODIFICATIONS TO THE RIGHTS OF SECURITY HOLDERS AND USE OF PROCEEDS


None.






273


ITEM 15: CONTROLS AND PROCEDURES


(a)
Disclosure Controls and Procedures: As of 31 December 2019, (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.

(a)Disclosure Controls and Procedures:As of 31 December 2022, (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.


(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’sCompany’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;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 companyCompany are being made only in accordance with authorisations of management and the Directors of the company;Company; and
Provide reasonable assurance regarding prevention or timely detection of unauthorised acquisition, use, or disposition of the company’sCompany’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’sCompany’s management assessed the effectiveness of the company’sCompany’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 2013.Based on this assessment, and using those criteria, management concluded that the company’sCompany’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.

(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.

There have been no further changes in the company’sCompany’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 20192022 that have materially affected, or are reasonably likely to materially affect, the company’s internal control over financial reporting.


See also “Item 3D,3D: Risk Factors of this annual report on Form 20F for risk factors relatedAngloGold Ashanti’s inability to maintainingmaintain an effective system of internal control over financial reporting.reporting may have an adverse effect on investors confidence in the reliability of its financial statements.”

(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.



(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 RamonG A Doran
Kandimathie Christine RamonGillian Ann Doran
Chief Financial Officer




/s/ KPM DushniskyA Calderon
Kelvin Paul Michael DushniskyAlberto Calderon
Chief Executive Officer









274







REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


TheTo the Shareholders and the Board of Directors and Shareholders of AngloGold Ashanti Limited


Opinion on Internal Control over Financial Reporting


We have audited AngloGold Ashanti Limited’s (the Company) internal control over financial reporting as of 31 December 2019,2022, based on criteria established in Internal Control-IntegratedControl—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)the Company maintained, in all material respects, effective internal control over financial reporting as of 31 December 2019,2022, 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 Limitedthe Company as of 31 December 2019, 20182022, 2021 and 2017,2020, 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 2019,2022, and the related notes and our report dated 2717 March 20202023 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 LimitationLimitations of Internal Control overOver 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
2717 March 20202023






ITEM 16A:AUDIT COMMITTEE FINANCIAL EXPERT



275


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 SA 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 GasantMr. Alan Ferguson is the Audit and Risk Committee'sCommittee’s financial expert. Individually, the remaining members of the committeeAudit and Risk 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.Company.






ITEM 16B:CODE OF ETHICS AND WHISTLE-BLOWING POLICIES




276


ITEM 16B:    CODE OF ETHICS AND WHISTLE-BLOWING POLICIES

In order to comply with the company'sCompany’s obligation in terms of the Sarbanes-Oxley Act and King IV, and in the interests of good governance, the companyCompany 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'sCompany’s interests. The code of business principles and ethics expresses the company’sCompany’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’sCompany’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.compliance. A report is provided by group compliance and group internal audit to the Serious Concerns Committee, a management committee, on a quarterly basis as well as the Social, Ethics and Sustainability Committee and the 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’sCompany’s website at https://www.anglogoldashanti.com/company/sustainability/governance/policies-standards/ .








ITEM 16C:PRINCIPAL ACCOUNTANT FEES AND SERVICES



277


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 2019,2022, 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 20192022 and 2018.2021.
2019
 2018
20222021
(in millions)$
 $
(in millions)$$
Audit fees(1)
5.77
 5.96
Audit fees(1)
6.45 5.87 
Audit-related fees(2)
1.14
 0.76
Audit-related fees(2)
1.91 2.10 
Tax fees(3)
0.07
 0.18
Tax fees(3)
0.22 0.03 
All other fees(4)
0.09
 0.02
All other fees(4)
0.02 0.01 
Total7.07
 6.92
Total8.60 8.01 
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.

(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 GasantAlan Ferguson 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 half 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 20192022 were reviewed and approved according to the procedures above. None of the services provided during 20192022 were approved under the de minimis exception allowed under the Exchange Act.






ITEM 16D:    EXEMPTIONS FROM THE LISTING STANDARDS FOR AUDIT COMMITTEES

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’sCompany’s shares during 2019.2022.


ITEM 16F:    CHANGE IN REGISTRANT’S CERTIFYING ACCOUNTANT


Not applicable.On 19 November 2021, PwC was appointed by the AngloGold Ashanti Limited’s Board of Directors as the Company’s independent principal accountants for the financial year ending 31 December 2023 after a formal tender process to appoint a new independent registered public accounting firm. The appointment of PwC was approved by AngloGold Ashanti’s shareholders at the AGM on 16 May 2022. Ernst & Young Inc. (EY) will resign as independent principal accountants of the Group on conclusion of its responsibilities relating to the 31 December 2022 financial year audit, which is expected to conclude during April 2023.

ITEM 16G:CORPORATE GOVERNANCE

The reports of EY on the Company’s consolidated financial statements for the past two fiscal years did not contain an adverse opinion or a disclaimer of opinion, and were not qualified or modified as to uncertainty, audit scope, or accounting principles. In connection with the audits of the Company’s financial statements for each of the two fiscal years ended 31 December 2022, there were (i) no disagreements with EY, as that term is used in Item 16F(a)(1)(iv) of Form 20-F over any matters of accounting principles or practices, financial statement disclosure, or auditing scope or procedures, which, if not resolved to the satisfaction of EY, would have caused EY to make reference to the matter in their report and (ii) there were no “reportable events” as defined in Item 16F(a)(1)(v) of Form 20-F.




278


AngloGold Ashanti has provided EY with a copy of the foregoing disclosure and has requested EY to provide it with a letter addressed to the SEC stating whether or not EY agrees with the above statements. A copy of such letter, dated 17 March 2023, in which EY state they agree with such disclosure, is filed as an exhibit to this annual report on Form 20-F, see “Item 19: Exhibits to the Form 20-F—Exhibit 19.15.9. “Letter from Ernst & Young Inc. to the Securities and Exchange Commission regarding a change in registrant's certifying accountant”.


ITEM 16G:    CORPORATE GOVERNANCE

AngloGold Ashanti’s corporate governance practices do notare regulated by the JSE Listings Requirements. The following is a summary of the significant ways in which South Africa’s corporate governance standards which are followed by AngloGold Ashanti differ in any significant way from those followed by US domestic companies under the New York Stock Exchange’s NYSE Listing Standards. At this time, as described further below, AngloGold Ashanti complies with all of the NYSE Listing Standards as well as the JSE Listings Requirements.

The NYSE Listing Standards require that non-management directors of US-listed companies meet at regularly scheduled executive sessions without management. The JSE Listings Requirements do not require such meetings of listed company non-executive directors. However, management is invited to attend the executive section of board meetings.

The NYSE Listing Standards require US-listed companies to have a nominating/corporate governance listing standards.committee composed entirely of independent directors. The JSE Listings Requirements do not require such a committee but AngloGold Ashanti currently has a Nominations and Governance Committee composed of six non-executive directors, all of whom are independent under the JSE Listings Requirements and NYSE Listing Standards. The Nominations and Governance Committee is chaired by the Chairperson of the AngloGold Ashanti Board.


The NYSE Listing Standards also require US-listed companies to have a compensation committee composed entirely of independent directors. The JSE Listings Requirements merely require that boards have such a committee but not that its members be independent. AngloGold Ashanti has appointed a Remuneration and Human Resources Committee, currently comprised of four non-executive directors, all of whom are independent under the JSE Listings Requirements and NYSE Listing Standards.
ITEM 16H:MINE SAFETY DISCLOSURE


The NYSE Listings Standards require US-listed companies to have an audit committee composed entirely of independent directors. The SA Companies Act requires that the members of the Audit Committee be approved by shareholders on an annual basis at a company’s annual general meeting. Both the SA Companies Act and the JSE Listings Requirements require that the audit committee be composed entirely of independent directors. AngloGold Ashanti has appointed an Audit and Risk Committee, currently comprising three (pending shareholder approval at the 2023 AGM of the appointment of two additional non-executive directors to the Audit and Risk Committee) non-executive directors, all of whom are independent, as defined under the SA Companies Act, the JSE Listings Requirements and the NYSE Listing Standards.

The SA Companies Act and the JSE Listings Requirements require the appointment of a Social and Ethics Committee, and AngloGold Ashanti has appointed a Social, Ethics and Sustainability Committee, comprising independent non-executive directors.

ITEM 16H:    MINE SAFETY DISCLOSURE

The information concerning certain mine safety violations or other regulatory matters required pursuant to Section 1503(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act and this Item 16H of Form 20-F is included in Exhibit 19.16 to this annual report on Form 20-F.


ITEM 16I:        DISCLOSURE REGARDING FOREIGN JURISDICTIONS THAT PREVENT
INSPECTIONS

Not applicable.




279


PART III
ITEM 17:FINANCIAL STATEMENTS

ITEM 17:    FINANCIAL STATEMENTS

Not applicable.


ITEM 18:FINANCIAL STATEMENTS



280


ITEM 18:    FINANCIAL STATEMENTS

The consolidated financial statements for the year ended 31 December 20192022 were authorised for issue by the Board of Directors on 2715 March 20202023 and were signed on its behalf by Kelvin Paul Michael Dushnisky, Chief Executive Officer, Kandimathie Christine Ramon,Gillan A Doran, Chief Financial Officer, Sipho M. Pityana, ChairmanMaria DC Ramos, Chairperson of the Board of Directors, and Rhidwaan Gasant, ChairmanAlan Ferguson, Chairperson of the Audit and Risk Committee.



The report of independent registered public accounting firm Ernst & Young Inc. Johannesburg, Republic of South Africa (PCAOB ID # 1698) is included in Item 18.

F - 1


Report of independent registered public accounting firm


To the shareholdersShareholders and the boardBoard of directorsDirectors 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”)(the Company) as of 31 December 2019, 20182022, 2021 and 2017,2020, 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 2019,2022, 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 2019, 2018,2022, 2021 and 2017,2020, and the results of its operations and its cash flows for each of the three years in the periodthen ended, 31 December 2019, in conformity with International Financial Reporting Standards (“IFRS’IFRS”) as Issuedissued by the International Accounting Standards Board.


We did not audit the financial statements of Kibali (Jersey) Limited (“Kibali”)(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 $1,506$1,063 million, $1,439$1,604 million and $1,423$1,604 million as of 31 December 2019, 20182022, 2021 and 2017,2020, respectively, and the Company’s equity in the net income of Kibali was stated at $143$153 million in 2019, $1042022, $231 million in 20182021 and, $9$238 million in 2017.2020. 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 2019,2022, 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 2717 March 20202023 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.judgements. 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.

F - 2




Description of the
Matter
Geita VAT recoverability
AtAs disclosed in Note 20 to the consolidated financial statements, at 31 December 2019,2022, the Company’s Geita mine has recorded $119$155 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

The VAT input claims and offsets from 2017 still not being allowed. The total of VAT input claims submitted since July 2017 is $134 million.
to June 2020 remain disallowed in the current year.
In the current year, new correspondence and information was received from the TRA and draft agreements relating to the recovery of the historical VAT claims has been exchanged between The Government of Tanzania and Geita Gold Mine (GGM).

Auditing the recoverabilitymanagement’s probability weighted discounted model and their expected timing of recovery of these receivables involved significant auditor 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 requiredincluding the involvement of our tax specialist,specialists, to assess the likelihood of the recovery of the historical VAT claims and a significant amount of time was spentrelated recovery mechanisms in relation to VAT offsetting against taxable income, as well as assessing the position put forward by managementimpact, if any, of the terms of the draft agreements exchanged with The Government of Tanzania. This is because the timing of VAT offsetting depends on forecasts of Geita’s available taxable income, which includes judgements around Geita’s business plan, VAT claims as a percentage of corporate tax offset, assigned weighting and their external legal counsel whilst considering correspondenceprobability per scenario in the model and the interaction with the TRA received to date.
timing of the mining license renewal and the end of life of the mine.
How We Addressed the Matter in Our AuditOur procedures to address this matter included, amongstamong 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,Tanzanian authorities, including correspondence related to the tax returns and assessments received during the period, to evaluate management’s assumptions, primarily related to the expected timing of the VAT recoverability.
As part of our audit procedures, we met with management to understand their strategy to resolve the matter and obtain an update on progress made and discussions that took place with the relevant parties during the
year. We also assessed whether the draft agreements exchanged with the Government of Tanzania were consistent with management’s stated strategy to fully recover the carrying value of the receivables.

We read the external legal counsel opinions obtained by management to support their interpretation of the tax legislation for set-offs, in this manner. of the manner undertaken or proposed by the Company.

We involved our tax professionals with specialised skills and knowledge to assist us to evaluatein evaluating 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 priorin the period July 2017 to July 2017. June 2020.

We assessed the judgements around the timing of VAT offsetting by comparing the Company’s business plan to historical performance. We also evaluated the reasonableness of the annual percentage of VAT to corporate tax offset and weighted probabilities in the model, by assessing the recoverability of forecast VAT offsets and the discounting calculation performed by management on VAT refunds owing.

We evaluated the classificationmanagement’s assessment of the VAT receivables as current or non-current, based on management’s estimated schedulingvarious scenarios in the model, by performing a sensitivity analysis, taking into account alternative weighting probability scenarios.

We assessed the adequacy 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 disclosuredisclosures in Note 20 in the consolidated financial statements.










F - 3



Description of the MatterRehabilitation and decommissioning provisionEnvironmental rehabilitation obligations
At 31 December 20192022, the rehabilitationprovision for decommissioning and decommissioningthe provision for restoration in aggregate amounted to $730$578 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).
in the consolidated financial statements.

The Company incurs obligations to close, restore and rehabilitate its mine sites. Auditing the Company’sGroup’s rehabilitation and decommissioning provision iswas 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 change due to continued mining activity and rehabilitation, legislation and environmental changes, which cannot be predicted with certainty. For instance, incertainty and thus requires specific focus each year and the current year the Brazilian Mining Agency issued Resolution 13, which states that tailings storage facilities (TSF) that were built basedinvolvement of specialists on the upstream method should be decommissioned by 15 September 2022. our team.

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.
Theconsolidated disclosures are included in Note 27 Environmental rehabilitation and other provisions,1.2 and Note 30 Trade, other payables and provisions25 to the consolidated financial statements.

How We Addressed the Matter in Our Audit
Our procedures to address this matter included, amongstamong others, obtaining an understanding, evaluating the design and testing the operating effectiveness of controls over the Company’sGroup’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 our 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

To assess the rehabilitation models prepared by management, among other procedures, we tested the mathematical accuracy of the valuation models. Weand compared the timing of the expected cash flows with reference to the life of mine plans for the respective mines. Wemines and 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 disturbancedamage or changes in the relevant legislation occurred since the prior year that would require additional rehabilitation in the future and compared this information to the current mine plan. Weplan and the currently applicable legislation. Also, with the support of our environmental specialists, we inspected reports of the Company’sGroup’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 calculationmanagement.

Description of the provision. We, together with our specialists, evaluated the scope, competencyMatterImpairment assessment of AGA Mineração
As described in Notes 1.2 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 in13 to the consolidated financial statements.statements, the Group conducts an impairment test whenever events or changes in circumstances indicate that the carrying amount for a cash generating unit (“CGU”) may not be recoverable. An impairment loss is recognised in the income statement for the amount by which the asset’s carrying amount exceeds its recoverable amount. During the year, the AGA Mineração CGU was disaggregated into two separate CGUs, namely Córrego do Sítio (CdS) and Cuiabá, following management’s reinvestment strategy to assess strategic options for CdS, as a result of the continued underperformance of the CdS complex. Further and in December 2022, processing of gold concentrate at the Queiroz plant which services the Cuiabá mine complex was suspended. These events were impairment indicators, which required the Group to conduct an impairment test on these CGUs.

A gross impairment of $189 million for CdS and $70 million for Cuiabá was recorded for the year ended 31 December 2022. Auditing the assessment of the recoverable amount of these CGUs involved significant auditor judgment, since there are a number of forward looking and other assumptions that require significant estimation, including the extent of economic mineral resource and reserve and associated life of mine plans, discount rate, future gold prices, foreign exchange rates and specifically for Cuiaba, the probability weighted discounted cash flows including the period of suspension of operations at the Queiroz plant due to the completion of structural improvements, as well as the application of judgment around the disaggregation of the AGA Mineração CGU into two CGUs.



F - 4


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, amongstamong others, obtaining an understanding, evaluating the design and testing the operating effectiveness of controls over the Company’s impairment trigger assessment and the preparation, review and approval of the impairment calculation. For example, we evaluated management’s methods, processes and controls determining the carrying values, and the associated recoverable amounts of each CGU.

We assessed management’s disaggregation of the CGUs by, among other procedures, reference to approve and accountwhether an active market exists for the transaction including separationoutput produced by each CGU.

With the support of financial items between discontinued and continued operations.
Through discussions with management and inspection of minutes of meetings,our valuation specialists, we assessed management’s plansmacro-economic assumptions, including future gold prices and foreign exchange rates in their valuation models by comparing them to disposethe latest available market information.

We also involved our valuation specialists to evaluate the discount rate, by independently calculating a discount rate range using available market information and comparing to management’s discount rate.
In addition, we performed sensitivity analyses to evaluate the impact
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 assessingreasonably possible changes in 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 theincluding discount rate, applied by management.
We assessed management’s accounting policiesfuture gold prices 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 consideredCuiabá, the impact of currentdelay in the net cash flows due to possible delays in the projected timelines of completion of structural improvements.

To assess the cash flow models prepared by management, among other procedures, we tested the mathematical accuracy and deferred taxescompared relevant data therein to historical performance, as it relateswell as to the planned disposallatest long-term business plans used by management to manage and reclassificationmonitor the performance of the assetsCGUs. We compared the production and liabilities.
cost assumptions in the cash flow models to the current approved life of mine plans.

To test management’s assessment of the scenarios used in the Cuiaba probability weighted discounted cash flow model, we involved our internal valuation and mining engineer specialists to assess the reasonableness of management’s assumptions.

We evaluatedcompared our results to management’s estimated recoverable amounts.

We assessed the adequacy of the disclosures in Note 13 in the consolidated financial statements, including the disclosure of the post-balance sheet events.
statements.








/s/Ernst & Young Inc.

We have served as the Company’s auditor since 1944
Johannesburg, Republic of South Africa
2717 March 20202023







F - 5



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F - 6


ANGLOGOLD ASHANTI LIMITED
Group – income statement
FOR THE YEARS ENDED December 31, DECEMBER 2019, 20182022, 2021 and 20172020
Figures in millionsNotes202220212020
Restated (1)
US Dollars
Continuing operations
Revenue from product sales34,501 4,029 4,595 
Cost of sales4(3,362)(2,857)(2,829)
(Loss) gain on non-hedge derivatives and other commodity contracts(6)— (19)
Gross profit21,133 1,172 1,747 
Corporate administration, marketing and related expenses(79)(73)(68)
Exploration and evaluation costs(205)(164)(124)
Impairment, derecognition of assets and profit (loss) on disposal(304)11 (1)
Other (expenses) income5(26)(136)(57)
Operating profit519 810 1,497 
Interest income81 58 27 
Dividend received — 
Foreign exchange and fair value adjustments(128)(43)— 
Finance costs and unwinding of obligations6(149)(116)(177)
Share of associates and joint ventures’ profit7166 249 278 
Profit before taxation489 958 1,627 
Taxation10(173)(312)(625)
Profit after taxation from continuing operations316 646 1,002 
Discontinued operations
Profit (loss) from discontinued operations — 
Profit (loss) for the year316 646 1,009 
Allocated as follows:
Equity shareholders
- Continuing operations297 622 984 
- Discontinued operations — 
Non-controlling interests
- Continuing operations19 24 18 
316 646 1,009 
Basic earnings (loss) per ordinary share (cents)1171 148 236 
Earnings per ordinary share from continuing operations71 148 234 
Earnings (loss) per ordinary share from discontinued operations — 
Diluted earnings (loss) per ordinary share (cents)1171 148 236 
Earnings per ordinary share from continuing operations71 148 234 
Earnings (loss) per ordinary share from discontinued operations — 
(1) Comparative periods have been retrospectively restated, where indicated, due to the initial application of the amendment to IAS 16 "Property, Plant and Equipment - Proceeds before Intended Use" on 1 January 2022. Refer to note 1.
F - 7
  2019
 2018
 2017
Figures in millionsNotes  Restated
 Restated
  US Dollars
Continuing operations      
Revenue from product sales33,525

3,336

3,394
Cost of sales4(2,626)
(2,584)
(2,607)
Gain (loss) on non-hedge derivatives and other commodity contracts 5

(2)

Gross profit (loss)2904
 750
 787
Corporate administration, marketing and other expenses5(82) (76) (64)
Exploration and evaluation costs (112) (98) (105)
Impairment, derecognition of assets and profit (loss) on disposal (6) (7) (2)
Other expenses (income)6(83) (79) (150)
Operating profit (loss) 621
 490
 466
Interest income 14
 8
 8
Dividend received 
 2
 
Foreign exchange losses (12) (9) (11)
Finance costs and unwinding of obligations7(172) (168) (157)
Share of associates and joint ventures’ profit (loss)8168
 122
 22
Profit (loss) before taxation 619
 445
 328
Taxation12(250) (212) (163)
Profit (loss) after taxation from continuing operations 369
 233
 165
Discontinued operations      
Profit (loss) from discontinued operations9(376) (83) (336)
Profit (loss) for the year (7) 150
 (171)
       
Allocated as follows:      
Equity shareholders      
- Continuing operations 364
 216
 145
- Discontinued operations (376) (83) (336)
Non-controlling interests      
- Continuing operations 5
 17
 20
  (7) 150
 (171)
       
Basic earnings (loss) per ordinary share (cents)13(3) 32
 (46)
Earnings (loss) per ordinary share from continuing operations 87
 52
 35
(Loss) earnings per ordinary share from discontinued operations (90) (20) (81)
       
Diluted earnings (loss) per ordinary share (cents)13(3) 32
 (46)
Earnings (loss) per ordinary share from continuing operations 87
 52
 35
(Loss) earnings per ordinary share from discontinued operations (90) (20) (81)
       




ANGLOGOLD ASHANTI LIMITED
Group – statement of comprehensive income
FOR THE YEARS ENDED December 31, DECEMBER 2019, 20182022, 2021 and 20172020
Figures in millions202220212020
Restated (1)
US Dollars
Profit (loss) for the year316 646 1,009 
Items that will be reclassified subsequently to profit or loss:(27)(22)38 
Exchange differences on translation of foreign operations(27)(22)38 
Items that will not be reclassified subsequently to profit or loss:(47)(83)86 
Exchange differences on translation of non-foreign operations(1)(3)(16)
Net (loss) gain on equity investments(50)(73)98 
Actuarial (loss) gain recognised(10)(1)10 
Deferred taxation thereon14 (6)(6)
Other comprehensive (loss) income for the year, net of tax(74)(105)124 
Total comprehensive income for the year, net of tax242 541 1,133 
Allocated as follows:
Equity shareholders
- Continuing operations223 517 1,159 
 - Discontinued operations — (44)
Non-controlling interests
- Continuing operations19 24 18 
242 541 1,133 
(1) Comparative periods have been retrospectively restated, where indicated, due to the initial application of the amendment to IAS 16 "Property, Plant and Equipment - Proceeds before Intended Use" on 1 January 2022. Refer to note 1.
F - 8
Figures in millions 2019
 2018
 2017
 
    Restated
 Restated
 
  US Dollars 
Profit (loss) for the year (7) 150
 (171) 
        
Items that will be reclassified subsequently to profit or loss: 4
 (150) 148
 
Exchange differences on translation of foreign operations 4
 (150) 123
 
Available-for-sale financial assets     25
 
Net gain (loss) on available-for-sale financial assets 

   20
 
Release on impairment of available-for-sale financial assets     3
 
Release on disposal of available-for-sale financial assets     (6) 
Deferred taxation thereon     8
 
        
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 2
 5
 8
 
Deferred taxation thereon 2
 (5) (2) 
        
Other comprehensive income (loss) for the year, net of tax 14
 (141) 154
 
        
Total comprehensive income (loss) for the year, net of tax 7
 9
 (17) 
        
Allocated as follows:       
Equity shareholders       
- Continuing operations 378
 75
 299
 
- Discontinued operations (376) (83) (336) 
Non-controlling interests       
- Continuing operations 5
 17
 20
 
  7
 9
 (17) 




ANGLOGOLD ASHANTI LIMITED
Group – statement of financial position
AS AT December 31, DECEMBER 2019, 20182022, 2021 and 20172020
Figures in millionsNotes202220212020
Restated (1)
Restated (1)
US Dollars
ASSETS
Non-current assets
Tangible assets134,209 3,493 2,917 
Right of use assets14156 175 142 
Intangible assets15106 122 131 
Investments in associates and joint ventures171,100 1,647 1,651 
Other investments183 117 188 
Inventories195 27 69 
Trade, other receivables and other assets20231 237 235 
Reimbursive right for post-retirement benefits2612 — — 
Deferred taxation2772 
Cash restricted for use2133 32 31 
5,927 5,857 5,371 
Current assets
Inventories19773 703 733 
Trade, other receivables and other assets20237 260 229 
Cash restricted for use2127 26 42 
Cash and cash equivalents221,108 1,154 1,330 
2,145 2,143 2,334 
Total assets8,072 8,000 7,705 
EQUITY AND LIABILITIES
Share capital and premium237,239 7,223 7,214 
Accumulated losses and other reserves(3,139)(3,181)(3,486)
Shareholders’ equity4,100 4,042 3,728 
Non-controlling interests34 52 45 
Total equity4,134 4,094 3,773 
Non-current liabilities
Borrowings241,965 1,858 1,789 
Lease liabilities14102 124 116 
Environmental rehabilitation and other provisions25634 729 731 
Provision for pension and post-retirement benefits2671 77 83 
Trade, other payables and provisions287 
Deferred taxation27300 313 246 
3,079 3,108 2,973 
Current liabilities
Borrowings2418 51 142 
Lease liabilities1484 61 37 
Trade, other payables and provisions28710 647 627 
Bank overdraft2 — — 
Taxation2945 39 153 
859 798 959 
Total liabilities3,938 3,906 3,932 
Total equity and liabilities8,072 8,000 7,705 
(1) The tangible assets and accumulated losses and other reserve balances for 31 December 2021 and 31 December 2020 have been retrospectively restated and increased with $33m due to the initial application of the amendment to IAS 16 “Property, Plant and Equipment - Proceeds before Intended Use” on 1 January 2022. Refer to note 1.
F - 9
Figures in millionsNotes2019
 2018
 2017
  US Dollars
ASSETS      
Non-current assets      
Tangible assets152,592
 3,381
 3,742
Right of use assets16158
    
Intangible assets17123
 123
 138
Investments in associates and joint ventures191,581
 1,528
 1,507
Other investments2076
 141
 131
Inventories2193
 106
 100
Trade, other receivables and other assets22122
 102
 67
Deferred taxation29105
 
 4
Cash restricted for use2331
 35
 37
  4,881
 5,416
 5,726
Current assets      
Other investments2010
 6
 7
Inventories21632
 652
 683
Trade, other receivables and other assets22250
 209
 222
Cash restricted for use2333
 31
 28
Cash and cash equivalents24456
 329
 205
  1,381
 1,227
 1,145
Assets held for sale9601
 
 348
  1,982

1,227

1,493
       
Total assets 6,863

6,643

7,219
EQUITY AND LIABILITIES      
Share capital and premium257,199
 7,171
 7,134
Accumulated losses and other reserves (4,559) (4,519) (4,471)
Shareholders’ equity 2,640
 2,652
 2,663
Non-controlling interests 36
 42
 41
Total equity 2,676
 2,694
 2,704
       
Non-current liabilities      
Borrowings261,299
 1,911
 2,230
Lease liabilities16126
    
Environmental rehabilitation and other provisions27697
 827
 942
Provision for pension and post-retirement benefits28100
 100
 122
Trade, other payables and provisions3015
 3
 3
Deferred taxation29241
 315
 363
  2,478
 3,156
 3,660
Current liabilities      
Borrowings26734
 139
 38
Lease liabilities1645
    
Trade, other payables and provisions30586
 594
 638
Taxation3172
 60
 53
  1,437
 793
 729
Liabilities held for sale9272
 
 126
  1,709

793

855
       
Total liabilities 4,187
 3,949
 4,515
       
Total equity and liabilities 6,863
 6,643
 7,219




ANGLOGOLD ASHANTI LIMITED
Group – statement of cash flows
FOR THE YEARS ENDED December 31, DECEMBER 2019, 20182022, 2021 and 20172020
Figures in millionsNotes202220212020
Restated (1)
US Dollars
Cash flows from operating activities
Receipts from customers4,517 4,054 4,580 
Payments to suppliers and employees(3,273)(2,701)(2,714)
Cash generated from operations301,244 1,353 1,866 
Dividends received from joint ventures694 231��148 
Taxation refund2932 20 — 
Taxation paid29(166)(336)(431)
Net cash inflow (outflow) from operating activities from continuing operations1,804 1,268 1,583 
Net cash inflow (outflow) from operating activities from discontinued operations — 109 
Net cash inflow (outflow) from operating activities1,804 1,268 1,692 
Cash flows from investing activities
Capital expenditure
- project capital13(378)(392)(369)
- stay-in-business capital13(650)(635)(370)
Interest capitalised and paid(2)(14)(17)
Acquisition of assets13(517)— — 
Acquisition of intangible assets (1)(1)
Dividends from associates and other investments18 22 
Proceeds from disposal of tangible assets8 25 
Other investments and assets acquired(16)(4)(8)
Proceeds from disposal of other investments — 
Proceeds from disposal of joint ventures 26 
Loans advanced(1)(15)— 
Loans repaid by associates and joint ventures — 12 
Recognition of joint operation - cash — 
Proceeds from disposal of discontinued assets and subsidiaries — 200 
Decrease (increase) in cash restricted for use(4)14 (9)
Interest received81 58 27 
Net cash inflow (outflow) from investing activities from continuing operations(1,461)(940)(486)
Net cash outflow from investing activities from discontinued operations — (31)
Cash in subsidiaries sold and transferred to held for sale — 
Net cash inflow (outflow) from investing activities(1,461)(940)(514)
Cash flows from financing activities
Proceeds from borrowings24266 822 2,226 
Repayment of borrowings24(184)(820)(2,310)
Repayment of lease liabilities14(82)(63)(47)
Finance costs - borrowings24(99)(111)(110)
Finance costs - leases14(10)(9)(8)
Other borrowing costs(11)(35)(33)
Dividends paid(203)(240)(47)
Net cash outflow from financing activities from continuing operations(323)(456)(329)
Net increase (decrease) in cash and cash equivalents20 (128)849 
Translation(68)(48)25 
Cash and cash equivalents at beginning of year1,154 1,330 456 
Cash and cash equivalents at end of year (2)
221,106 1,154 1,330 
(1) Comparative periods have been retrospectively restated, where indicated, due to the initial application of the amendment to IAS 16 "Property, Plant and Equipment - Proceeds before Intended Use" on 1 January 2022. Refer to note 1.

(2)    Cash and cash equivalents at the end of December 2022 is net of a bank overdraft of $2m.
F - 10
Figures in millionsNotes2019
 2018
 2017
    Restated
 Restated
  US Dollars
Cash flows from operating activities      
Receipts from customers 3,535
 3,339
 3,418
Payments to suppliers and employees (2,433) (2,408) (2,351)
Cash generated from operations321,102
 931
 1,067
Dividends received from joint ventures 77
 91
 6
Taxation refund317
 5
 14
Taxation paid31(228) (171) (174)
Net cash inflow (outflow) from operating activities from continuing operations 958
 856
 913
Net cash inflow (outflow) from operating activities from discontinued operations 89
 1
 84
Net cash inflow (outflow) from operating activities 1,047
 857
 997
       
Cash flows from investing activities      
Capital expenditure      
- project capital (336) (170) (132)
- stay-in-business capital (367) (405) (543)
Interest capitalised and paid (6) 
 
Dividends from other investments 
 2
 
Proceeds from disposal of tangible assets 3
 10
 3
Other investments acquired (9) (13) (8)
Proceeds from disposal of other investments 3
 7
 3
Investments in associates and joint ventures (5) (8) (27)
Loans advanced to associates and joint ventures (3) (5) (6)
Loans repaid by associates and joint ventures 23
 22
 
Decrease (increase) in cash restricted for use 
 (6) (8)
Interest received 14
 5
 7
Net cash inflow (outflow) from investing activities from continuing operations (683) (561) (711)
Net cash inflow (outflow) from investing activities from discontinued operations (54) 226
 (151)
Cash in subsidiaries sold and transferred to held for sale (6) 
 
Net cash inflow (outflow) from investing activities (743) (335) (862)
       
Cash flows from financing activities      
Proceeds from borrowings 168
 753
 815
Repayment of borrowings (123) (967) (767)
Repayment of lease liabilities (42) 

 

Finance costs - borrowings26(128) (130) (138)
Finance costs - leases (9)    
Bond settlement premium, RCF and bond transaction costs 
 (10) 
Dividends paid (43) (39) (58)
Net cash inflow (outflow) from financing activities from continuing operations (177) (393) (148)
Net cash inflow (outflow) from financing activities from discontinued operations 
 
 
Net cash inflow (outflow) from financing activities (177) (393) (148)
       
Net increase (decrease) in cash and cash equivalents 127
 129
 (13)
Translation 
 (5) 3
Cash and cash equivalents at beginning of year 329
 205
 215
Cash and cash equivalents at end of year24456
 329
 205



ANGLOGOLD ASHANTI LIMITED
Group – statement of changes in equity
FOR THE YEARS ENDED December 31, DECEMBER 2019, 20182022, 2021 and 20172020
Equity holders of the parent
Figures in millionsShare capital
and premium
Other capital reserves(2)
Retained earnings (Accumulated
losses)(1)
Fair value through OCIActuarial
gains
(losses)
Foreign
currency
translation
reserve (3)
TotalNon-
controlling
interests
Total
equity
US Dollars
Balance at 31 December 2019 Restated7,199 83 (3,273)45 (10)(1,409)2,635 36 2,671 
Profit (loss) for the year— — 991 — — — 991 18 1,009 
Other comprehensive income (loss)— — — 9210 22 124 — 124 
Total comprehensive income (loss)— — 991 9210 22 1,115 18 1,133 
Shares issued15 — — — — — 15 — 15 
Share-based payment for share awards net of exercised— (3)— — — — (3)— (3)
Dividends paid (note 12)— — (38)— — — (38)— (38)
Dividends of subsidiaries— — — — — — — (9)(9)
Recognition of joint operation
Transfer on disposal and derecognition of equity investments— — (6)— — — — — 
Translation— (3)— — — — — 
Balance at 31 December 2020 Restated7,214 77 (2,308)131 (1,387)3,728 45 3,773 
Profit (loss) for the year— — 622 — — — 622 24 646 
Other comprehensive income (loss)— — — (78)(2)(25)(105)— (105)
Total comprehensive income (loss)— — 622 (78)(2)(25)517 24 541 
Shares issued— — — — — — 
Share-based payment for share awards net of exercised— 11 — — — — 11 — 11 
Dividends paid (note 12)— — (224)— — — (224)— (224)
Dividends of subsidiaries— — — — — — — (16)(16)
Translation— (4)— (1)— (1)— 
Balance at 31 December 2021 Restated7,223 84 (1,904)53 (2)(1,412)4,042 52 4,094 
Profit (loss) for the year297 297 19 316 
Other comprehensive income (loss)(36)(10)(28)(74)(74)
Total comprehensive income (loss)  297 (36)(10)(28)223 19 242 
Shares issued16 16 16 
Dividends paid (note 12)  (181)   (181) (181)
Dividends of subsidiaries— — — — —  (37)(37)
Transfer on derecognition of equity investment  69 (69)     
Translation— (3)4 — (1)—    
Balance at 31 December 20227,239 81 (1,715)(52)(13)(1,440)4,100 34 4,134 
(1)The (Accumulated losses) Retained earnings balances have been restated, where indicated, due to the initial application of the amendment to IAS 16 “Property, Plant and Equipment - Proceeds before Intended Use” on 1 January 2022. Refer to note 1.
(2)Other capital reserves include a surplus on disposal of Company shares held by companies prior to the formation of AngloGold Ashanti Limited of $8m (2021: $9m; 2020: $10m), surplus on equity transaction of joint venture of $36m (2021: $36m; 2020: $36m), equity items for share-based payments of $39m (2021: $41m; 2020: $33m) and other reserves.
(3) Foreign currency translation reserve includes a loss of $1,400m (2021: $1,399m; 2020: $1,396m) that will not re-cycle through the Income statement on disposal of the non-foreign operations, and a loss of $40m (2021: $13m: 2020: $9m gain) relating to the foreign operations that will re-cycle through the Income statement on disposal.
 Equity holders of the parent   
Figures in millions
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 20167,108
116
(3,119)

17
(21)(1,386)2,715
39
2,754
Profit (loss) for the year

(191)



(191)20
(171)
Other comprehensive income (loss)



25
6
123
154

154
Total comprehensive income (loss)

(191) 25
6
123
(37)20
(17)
Shares issued26






26

26
Share-based payment for share awards net of exercised
(1)




(1)
(1)
Dividends paid (note 14)

(39)



(39)
(39)
Dividends of subsidiaries







(19)(19)
Translation
9
(10)
1
(1)
(1)1

Balance at 31 December 20177,134
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
F - 11
(1)
Other capital reserves include a surplus on disposal of company shares held by companies prior to the formation of AngloGold Ashanti Limited of $10m (2018: $10m; 2017: $11m), surplus on equity transaction of joint venture of $36m (2018: $36m; 2017: $36m), equity items for share-based payments of $39m (2018: $48m; 2017: $75m) and other reserves.
(2)
Included in accumulated losses are retained earnings totalling $378m (2018: $283m; 2017: $287m) arising at the equity accounted investments and certain subsidiaries which may not be remitted without third party consent.





NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


ANGLOGOLD ASHANTI LIMITED
Notes to the consolidated financial statements
FOR THE YEARS ENDED 31 December, 2019, 20182022, 2021 and 20172020


1    ACCOUNTING POLICIESSTATEMENT OF COMPLIANCE

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), SAICA Financial Reporting Guides as issued by the Accounting Practices Committee, Financial Reporting Pronouncements as issued by the 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 accountingAccounting standards, interpretations and amendments to published accounting standards

The following amendments to IFRS were effective atfor the first time from 1 January 2022:

Amendments to IAS 16 ‘Property, plant and equipment’ relating to proceeds before intended use;

The Group adopted the amendment to IAS 16 “Property, Plant and Equipment - Proceeds before Intended Use” on 1 January 2022. The amendment prohibits deducting from the cost of an item of property, plant and equipment any proceeds from selling items produced while bringing that asset to the location and condition necessary for it to be capable of operating in the manner intended by management. Instead, an entity recognises the proceeds from selling such items, and the cost of producing those items, in profit or loss. The cost allocation requires significant judgement in terms of this amendment. In accordance with the transitional provisions of IAS 16 an entity applies the amendments retrospectively to items of property, plant and equipment made available for use on or after the beginning of the accountingearliest period on 1 January 2019. presented when the entity first applies the amendment.

The adoption of the new standards, interpretations and amendments effective fromamendment on 1 January 2019 had the following impact on the group:

IFRS 16 Leases

The group elected to apply IFRS 16 utilising the modified retrospective approach, no cumulative effect of initially applying IFRS 16 was identified and recognised as an adjustment to the opening balance of retained earnings. The cumulative impact on the adoption of IFRS 162022 resulted in the recognitiona retrospective increase in property, plant and equipment and gross profit of right$38m for 31 December 2020 (2019: decrease 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 the 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 1 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”,$5m). There 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:

Other expenses (income); and
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 presentation has no impact on the reported totals, headline earnings per share or on amounts presented2021 results as no revenue was capitalised in 2021. The effects of the 2019 and 2020 restatement has been included in the Statementaccumulated losses opening balance of Financial Position.the 2020 and 2021 financial reporting period respectively. The impact arises from the reclassification of revenue, cost of sales, and tangible assets and the resulting amortisation recalculation, resulting exclusively from the redevelopment of the Obuasi mine. No other operation was impacted by the adoption of the amendment



F - 12


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


20212020
US Dollar millionAs previously reportedAdjustments

Restated

As previously reported
AdjustmentsRestated
Statement of financial position
Tangible assets (note 13)3,460 33 3,493 2,884 33 2,917 
(Accumulated losses) and other reserves(3,214)33 (3,181)(3,519)33 (3,486)
Income statement
Revenue from product sales (note 3)4,029 — 4,029 4,427 168 4,595 
Cost of sales (note 4)(2,857)— (2,857)(2,699)(130)(2,829)
Gross profit1,172 — 1,172 1,709 38 1,747 
Operating profit810 — 810 1,459 38 1,497 
Profit before taxation958 — 958 1,589 38 1,627 
Profit after taxation from continuing operations646 — 646 964 38 1,002 
Profit for the year646 — 646 971 38 1,009 
Basic earnings per ordinary share (US cents) (1)
(note 11)
148 — 148 227 236 
Basic earnings per ordinary share (US cents) from continuing operations (note 11)148 — 148 225 234 
Diluted earnings per ordinary share (US cents) (1)
(note 11)
148 — 148 227 236 
Diluted earnings per ordinary share (US cents) from continuing operations (note 11)
148 — 148 225 234 
Statement of Comprehensive Income
Profit for the year646 — 646 971 38 1,009 
Total comprehensive income for the year541 — 541 1,095 38 1,133 
Equity shareholders - Continuing operations517 — 517 1,121 38 1,159 
Statement of changes in equity
Retained earnings (Accumulated losses)(1,937)33 (1,904)(2,341)33 (2,308)
Statement of cash flows
Receipts from customers4,054 — 4,054 4,411 169 4,580 
Payments to suppliers and employees(2,701)— (2,701)(2,583)(131)(2,714)
Cash generated from operations (note 30)1,353 — 1,353 1,828 38 1,866 
Net cash inflow from operating activities from continuing operations1,268 — 1,268 1,545 38 1,583 
Net cash inflow from operating activities1,268 — 1,268 1,654 38 1,692 
Capital expenditure - project capital (note 13)(392)— (392)(331)(38)(369)
Net cash inflow from investing activities from continuing operations(940)— (940)(448)(38)(486)
Net cash inflow from investing activities(940)— (940)(476)(38)(514)
Other Disclosures
Basic headline earnings per share (note 11)146 — 146 238 10 248 
Diluted headline earnings per share (note 11)146 — 146 238 247 
As(1) There was no impact on basic and diluted earnings per ordinary share from discontinued operations





F - 13


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


1    STATEMENT OF COMPLIANCE continued

Amendments to IAS 37 ‘Provisions, Contingent Liabilities and Contingent Assets’ relating to onerous contracts - costs of fulfilling a result ofcontract;
Amendments to IFRS 3 ‘Business Combinations’ with regards to updating a reference to the change, reclassificationsconceptual framework; and
Annual improvements to IFRS Standards 2018 – 2020 for IFRS 16 ‘Leases’ relating to lease incentives and IFRS 9 ‘Financial Instruments’ relating to fees in the income statement are as follows:’10 per cent’ test for derecognition of financial liabilities.

 
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
Other than the amendment to IAS 16, these amendments had no material impact on the Group.


(1) Represents reclassification priorThe following amendments to IFRS were early adopted by the Group effective from 1 January 2022:

Amendments to IAS 1 ‘Presentation of Financial Statements’ with regards to the disclosure of Discontinued operations.accounting policies;

Amendments to IAS 8 ‘Accounting Policies, Changes in Accounting Estimates and Errors’ relating to the definition of accounting estimates;
Amendments to IAS 1 ‘Classification of Liabilities as Current or Non-Current’; and
Amendments to IAS 1 ‘Non-Current Liabilities with Covenants’.

The significantadoption of these amendments had no material impact on the Group.


Accounting standards, amendments and interpretations issued which are relevant to the Group, but not yet effective

The new accounting standards and amendments to accounting standards issued which are relevant to the Group, but not yet effective on 31 December 2022, include:

IFRS 17 'Insurance Contracts' and Amendments to IFRS 17 'Insurance Contracts'

IFRS 17 replaces IFRS 4 ‘Insurance Contracts’ and sets out principles for the recognition, measurement, presentation and disclosure of insurance contracts. IFRS 17 requires insurance liabilities to be measured at a current fulfilment value and provides a more uniform approach for all insurance contracts. The standard and the amendments to the standard is effective for the Group’s reporting period starting on 1 January 2023 and will be applied in the presentationretrospectively. The effect of the group annual financial statementsimplementation of the new standard is not expected to have a material impact on the Group’s results.

Amendments to IAS 12 ‘Deferred Tax related to Assets and Liabilities arising from a Single Transaction’

This amendment narrowed the scope of the recognition exemption in paragraphs 15 and 24 of IAS 12 (recognition exemption) so that it no longer applies to transactions that, on initial recognition, give rise to equal taxable and deductible temporary differences. This should mainly impact right of use assets and lease liabilities and decommissioning, restoration and similar liabilities and the corresponding amounts recognised as part of the cost of the related asset. The amendments are set out below.effective for the Group from 1 January 2023, will be applied retrospectively and are not expected to materially impact the Group.

F - 14


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


1    STATEMENT OF COMPLIANCE continued

1.1    BASIS OF PREPARATION


The financial statements are prepared according to the historical cost convention, except for the revaluation of certain financial instrumentsassets and liabilities to fair value. The group’sGroup’s accounting policies as set out below are consistent in all material respects with those applied in the previous year except for the changes arising from the adoption of IFRS 16 as described in “New Standards and Interpretations Issued” above.year.


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 groupGroup 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 groupGroup financial statements incorporate the financial statements of the company,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,Company, using the same accounting policies.


Subsidiaries are all entities over which the groupGroup has control. The groupGroup 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 groupGroup owns more than 50% of the voting rights, unless the groupGroup 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 associate, joint venture or a joint operation. Subsidiaries are fully consolidated from the date on which control is transferred to the group.Group. They are deconsolidated from the date on which control ceases. The groupGroup 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.


Intra-group transactions, balances and unrealised gains and losses on transactions between group companies, including any resulting tax effects are eliminated.



The significant accounting judgements and estimates applied in the presentation of the Group and Company annual financial statements are set out below. The accounting policies adopted are detailed in Annexure A: “Summary of material accounting policies”.
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’sGroup’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 OreMineral Reserve which isthat 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); production start date; recoverability of indirect taxes; recoverability of deferred tax assets; and write-downswrite downs of inventory to net realisable value. Other estimates include employee benefit liabilities, and unrecognised tax positions.positions and deferred compensation assets.


EstimatesThe complex or subjective judgements that have the most significant effect on amounts recognised and judgementssources of estimation uncertainty where there is a significant risk of material adjustment to the carrying amounts of assets or liabilities with the next reporting period 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 thatapplied by 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.









F - 15


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Use of estimates continued

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 provedProven and probable OreProbable Mineral 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 provedProven and probable OreProbable Mineral Reserve as the useful lives of these assets are considered to be limited to the life of the relevant mine.Assets are amortised to residual values. Residual values and useful lives are reviewed, and adjusted if appropriate, at the beginning of each financial year.


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 provedProven and probable OreProbable Mineral Reserve. This would generally arise from the following factors:
changes in provedProven and probable OreProbable Mineral Reserve;
variations in the grade of OreMineral Reserve which may be significantvary significantly 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 provedProven and probable OreProbable Mineral 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 groupGroup 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 groupGroup 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;Group;
The groupGroup 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 groupGroup are determined based on the geological areas identified for each of the orebodies and are reflected in the OreMineral Reserve reporting of the group.Group. In determining whether any production stripping costs should be capitalised as a stripping activity asset, the groupGroup uses three operational guidance measures; two of which relate to production measures, while the third relates to an average stripping ratio measure.


Once determined that any portion of the production stripping costs should be capitalised, the groupGroup 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 OreMineral 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 OreMineral 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.cost of sales.


Impairment
The groupGroup 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,Mineral Reserve, Mineral Resource, 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 reservesMineral
F - 16


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Use of estimates continued

Reserve and future capital expenditure. AtThe estimated future cash flows and discount rates are post-tax. Discounting post-tax cash flows at a post-tax discount rate yields the same result as discounting pre-tax cash flows at a pre-tax discount rate.At the reporting date the groupGroup 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 Impairment of Assets.


The carrying value of tangible assets at 31 December 20192022 was $2,592m (2018: $3,381m; 2017: $3,742m)$4,209m (2021: $3,493m; 2020: $2,917m). The impairment and derecognition of tangible assets recognised in the consolidated financial statements for the year ended 31 December 2019 (including impairment2022 was $282m (2021: $6m; 2020: nil).

Production start date

The Group assesses the stage of tangibleeach mine construction project to determine when a project moves into the production stage. The criteria used to assess the start date are determined by the unique nature of each mine construction project and include factors such as the complexity of a plant and its location. The Group considers various relevant criteria to assess when the construction project is substantially complete and ready for its intended use and moves into the production stage. The criteria used in the assessment would include, but are not limited to the following:

the level of capital expenditure compared to the construction cost estimates;
completion of a reasonable period of testing of the constructed asset;
adequacy of stope face;
ability to produce metals in saleable form (within specifications); and
ability to sustain ongoing production of metal.

When a mine construction project moves into the production stage, the capitalisation of certain mine construction costs ceases and costs are either regarded as inventory or expensed, except for capitalisable costs related to mining asset additions or improvements, underground mine development, deferred stripping activities, or Ore Reserve development.

Phase 2 of the Obuasi mine re-development project, after initially being delayed due to voluntary suspension of all underground activities following a sill pillar incident during May 2021, moved into the production stage on 1 October 2022 when it was determined that the Phase 2 assets transferred to held for sale) was $505m (2018: $104m; 2017: $288m).were capable of operating in the manner intended by management.


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 provedProven and probable OreProbable Mineral Reserve, exploration properties and net assets is recognised as goodwill.


Intangible assets that have an indefinite useful life and separately recognised goodwill areGoodwill is not subject to amortisation and areis 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 independent cash flows (cash-generating units).


An individual operating mine is not a typical going-concern business because of the finite life of its reserves.Mineral Reserve. 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, the groupGroup performs its annual impairment review of assigned goodwill during the fourth quarter of each year.year, refer note 15 for impairment assumptions.


The carrying value of goodwill in the consolidated financial statements at 31 December 20192022 was $116m (2018: $116m; 2017: $127m)$105m (2021: $119m; 2020: $126m). The impairmentImpairment of goodwill recognised in the consolidated financial statements for the year ended 31 December 20192022 was nil (2018:$8m (2021: nil; 2017: $9m)2020: nil).



F - 17


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


Use of estimates continued

Income taxes


The groupGroup 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 groupGroup 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.


The groupGroup 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 domestic corporate tax rate of 28 percent. This rate will be reduced to 27 percent with effect for years of assessment ending on or after 31 March 2023.


The groupGroup 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 groupGroup 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 groupGroup 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 groupGroup operates could limit the ability of the groupGroup to obtain tax deductions in future periods.


Carrying values of the group at 31 December 2019:2022:
deferred tax asset: $105m (2018: nil; 2017: $4m);
$72m (2021: $7m; 2020: $7m );
deferred tax liability: $241m (2018: $315m; 2017: $363m)$300m (2021: $313m; 2020: $246m);
taxation liability: $72m (2018: $60m; 2017: $53m)$45m (2021: $39m; 2020: $153m); and
taxation asset: $10m (2018: $6m; 2017: $3m)$41m (2021: $49m; 2020: $14m), included in trade, other receivables and other assets.


UnrecognisedThe unrecognised value of deferred tax assets: $389m (2018: $501m; 2017: $470m)assets is $857m (2021: $834m; 2020: $487m).


Provision for environmental rehabilitation obligations


The group’sGroup incurs obligations to close, restore and rehabilitate its mine sites affected by mining and exploration activities which are subject to various laws and regulations governing the protection of the environment. The groupGroup recognises management’s best estimate for decommissioning and restoration obligations in the period in which they are incurred.incurred and the costs can be reasonably estimated. The determination of the provision is based on, among other considerations, judgements and estimates of current damage caused, timing and amount of future costs to be incurred to rehabilitate the mine sites, estimates of future inflation, exchange rates and discount rates. Future changes to environmental laws and regulations, technology, life of mine estimates, inflation rates, foreign currency exchange rates and discount rates could affect the carrying amount of this provision.provision, cannot be predicted with certainty and could have a material impact on our business, financial condition, results of operations and cash flows. A sensitivity assessment is included in note 25.


The carrying amount of the rehabilitation obligations (including held for sale rehabilitation obligations) for the groupGroup at 31 December 20192022 was $730m (2017: $637m; 2016: $724m).$578m (2021: $673m; 2020: $659m ). Note 25 provides information about related environmental guarantees and bonds.


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-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.


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NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


Use of estimates continued

Variations between actual and estimated quantities resulting from changes in assumptions and estimates that do not result in write-downswrite 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 groupGroup at 31 December 20192022 was $377m (2018: $404m; 2017: $424m)$306m (2021: $299m; 2020: $382m).



Recoverable tax, rebates, levies and duties


In a number of countries, particularly in Continental Africa,Tanzania and Argentina, AngloGold Ashanti is due refunds of indirect tax which remain outstanding for periods longer than those provided for in the respective statutes. The Group uses probability weighted discounting models together with the expected timing of recovery of these refunds to estimate their fair values and related discounting effects which are updated at each reporting period. Timing of the recoverability and the resultant probabilities is updated based on several factors including ongoing correspondence and meetings with the relevant authorities and available income taxes for off-sets, if applicable. Where the recovery of the indirect tax refunds is tied to off-set arrangements against income taxes, the modeled scenarios incorporate judgements around the applicable mine’s business plan and availability of future income tax off-sets. The Group consults tax and legal specialists to determine the current basis of applicable laws and regulations in the associated jurisdictions which are highly complex and subject to interpretation. Future changes to such laws and regulations or the interpretation thereof could have a material impact on the carrying value of these assets, results of operations and cash flows.


In addition, AngloGold Ashanti has unresolved non-income tax disputes in a number of countries, particularly in Continental Africa and inTanzania, Brazil and Argentina. If the outstanding input taxes are not received and these 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 and our results of operations.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

The net carrying value of recoverable tax, rebates, levies and duties (excluding normal taxation assets) for the groupGroup at 31 December 20192022 was $227m (2018: $194m; 2017: $174m).$307m (2021: $304m; 2020: $281m) and is included in trade, other receivables and other assets, refer note 20.


Post-retirement obligations


The determination of AngloGold Ashanti’s obligationsthe Group’s obligation and expense for post-retirement liabilities, including the Group's reimbursive asset relating to annuities purchased to fund the obligation, 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 obligations at 31 December 20192022 was $100m (2018: $100m; 2017: $122m)$71m (2021: $77m; 2020: $83m).


OreMineral Reserve estimates


An OreThe Group reports its Mineral Resource and Mineral Reserve in accordance with Subpart 1300 of Regulation S-K (17 CFR § 229.1300) (“Regulation S-K 1300”) as well as the minimum standards described by the South African Code for the reporting of Exploration Results, Mineral Resource and Mineral Reserve, 2016 Edition (SAMREC Code).

A Mineral Reserve estimate is an estimate of the amounttonnage and grade or quality of productIndicated and Measured Mineral Resource that can be the basis of an economically viable project. More specifically, it is the economically mineable part of a Measured or Indicated Mineral Resource, which includes diluting materials and legally extracted fromallowances for losses that may occur when the group’s properties.material is mined or extracted. In order to calculateestimate the OreMineral 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 OreMineral 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 ReserveWith the change 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, 2016 Edition).

Because the economic assumptions used to estimate changes in the OreMineral Reserve from period to period, and because additional geological data is generated during the course of operations, estimates of the OreMineral Reserve may change from

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NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Use of estimates continued

period to period. Changes in the reported OreMineral Reserve may affect the group’sGroup’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 OreMineral 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


The Settlement Agreement in the silicosis and tuberculosis class action litigation became operational on 10 December 2019. A settlement trust, known as the Tshiamiso Trust, was established to carry out the terms of the Settlement Agreement. Significant judgement is applied in estimating the costs that will be incurred to settle the silicosis class action claims and related expenditure. 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. A sensitivity assessment is included in note 25.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


The carrying value of the silicosis provision at 31 December 20192022 was $65m (2018: $63m; 2017: $63m)$35m (2021: $50m; 2020: $61m).


Identification and classificationDeferred compensation asset

As a consequence of discontinued operations

During 2019, the decision to sellsale of the remaining South African operations in 2020, a deferred compensation asset was made. Judgement was applied regarding classificationrecognised. The deferred compensation asset is included at fair value in level 3 of the disposal group as held for salefair value hierarchy. Management used a probability weighted discounted cash flow model to measure the deferred compensation asset. The significant inputs and assumptions used in the discounted cash flow calculation, include the production plan over the deferred compensation period and the weighted average cost of capital. Details of the valuation, including a sensitivity assessment, are included in note 33.

The carrying value of the deferred compensation asset at year end, and whether the disposal group should be classified as a discontinued operation. The South African asset sale31 December 2022 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.$12m (2021: $25m; 2020: $28m).


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. Refer note 10 for tax uncertainties and contingencies and note 32 for legal claims and other contingencies.


When 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 groupGroup 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, amateriality thresholdan amount of $18m$33m has been applied.

considered. As a global company, the groupGroup 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
F - 20


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

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 groupGroup 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 groupGroup could be materially affected by the unfavourable outcome of litigation.



Use of estimates continued

Climate change considerations
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


The Company’s 2021 TCFD-aligned Climate Change Report outlines the Board-approved Climate Change Strategy and seeks to embed the management of physical and transition climate risks and opportunities into the Company’s strategic and operational planning processes, a process that is enabled through a refreshed company-wide climate change governance framework. The report also summarises at a high level specific outcomes from the physical climate risk assessment conducted at each of the operating assets, considering the business as usual scenario. The potential effect of decarbonisation scenarios and other transition risks on the Company’s business strategy and planning assumptions including the cost of energy and other key mining inputs, is an area that will be addressed through the continued implementation of the Company’s Climate Change Strategy.


Unlike other major mineral resources companies, AngloGold Ashanti does not mine or extract fossil fuels such as coal, natural gas or oil. AngloGold Ashanti does, however, emit greenhouse gases directly through the combustion of fuels and other energy products at its gold mining operations and indirectly through the consumption of electricity purchased from national grids that include fossil-based energy in its production. AngloGold Ashanti has committed to a target of net zero Scope 1 and 2 greenhouse gas (GHG) emissions by 2050 in line with the ambitions of the Paris Agreement, as a member of the International Council on Mining and Metals (ICMM). As a member of the ICMM, the Company has also committed to accelerating action on Scope 3 emissions, including setting credible targets in partnership with suppliers, if not by the end of 2023, as soon as possible thereafter.



1.3    SUMMARY OF SIGNIFICANTMATERIAL ACCOUNTING POLICIES


Equity-accounted investments


Joint ventures and Associates


A joint venture is an entity in which the groupGroup holds a long-term interest and which the groupGroup 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 inIn a joint arrangements classified as joint ventures are accountedventure the Group has rights to the net assets of the arrangement, rather than rights to its assets and obligations 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 accountingits liabilities. An associate is used for investmentsan investment over which the groupGroup exercises significant influence, but not control or joint control, over the financial and operating policies and normally owns between 20% and 50% of the voting equity.

Joint ventures and 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 accounted 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 groupGroup 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/ impairment reversals 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/ impairment reversal has occurred; it is recognised in the period in which the impairment arose. If necessary, impairment and impairment reversals on loans and equity are reported under share of joint ventures and associates profit and loss

In the cash flow statement, dividends received from joint ventures are included in operating activities and dividends received from associates are included in investing activities.

In determining materiality for the disclosure requirements of IFRS 12 “DisclosureDisclosure of Interest in Other Entities”,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


Joint operations

F - 21


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


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 groupGroup 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’sGroup’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 companyCompany is South African Rands.

Transactions and balances


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

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 currencysuch 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.profit or loss.


Group companies


The results and financial position of all groupGroup 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 historicalusing closing rates of exchange at the reporting date;
retained earnings are converted at historical average exchange rates;
date for assets and liabilities, average rates of exchange for each statement of financial position presented are translated at the closing rate at the date of that statement of financial position;
year for income and expensesexpense items and historical rates of exchange 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
allequity items. All resulting exchange differences are recognised in other comprehensive income and presented as a separate component of equity (foreign currency 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 accounted for as other comprehensive income on consolidation. On repayment or realisation permanent loans andof net investments arein foreign operations, the resulting FCTR is recycled from FCTR to the income statement.

Segment reporting

An operating segment On disposal of non-foreign operations, where the parent’s functional currency, 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 executive officer and the executive committee are collectively identifiedsame as the CODM.subsidiary’s, associate’s, joint venture’s or branch’s functional currency, no reclassification of FCTR is required.


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 the difference is recognised 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 forof 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 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; and
computer equipment up to three years; andyears.
leased assets over the shorter of the period of the lease and the useful life of the leased asset.

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 provedProven and probable OreProbable Mineral Reserve at cost at the acquisition date. These costs are amortised from the date on which commercial production begins.the assets are ready for use as intended by management.


Depreciation, depletion and amortisation of mine development costs are computed by the units-of-production method based on estimated provedProven and probable OreProbable Mineral Reserve. The provedProven and probable OreProbable Mineral Reserve reflects estimated quantities of reservesMineral Reserve which can be recovered economically in the future from known mineral deposits.


F - 22


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

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.Group. Once determined that any portion of the production stripping costs should be capitalised, the groupGroup 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 OreMineral 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 provedProven and probable OreProbable Mineral Reserve.


Equipment, furniture and fittings in the Company financial statements are included in Mine infrastructure in the Group financial statements.

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 provedProven and probable OreProbable Mineral 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 groupGroup 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 groupGroup is able to demonstrate that future economic benefits are probable, which generally will be the establishment of provedProven and probable OreProbable Mineral 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 groupGroup is able to demonstrate that future economic benefits are probable, which generally will be the establishment of increased inclusive provedProven and probable Ore Reserve,Probable Mineral Resource, 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.


LeasesImpairment of non-financial assets


The Group’s non-financial assets, other than inventories and deferred tax assets, are reviewed at each reporting date or whenever events or changes in circumstances indicate that the carrying amount may not be recoverable, to determine whether there is any indication of impairment. An impairment test is performed annually on all goodwill, intangible assets not yet in use and intangible assets with indefinite useful lives irrespective of whether any impairment indicators have been identified.

For non-financial assets or cash generating units, in circumstances in which indicators of impairment are identified, a formal impairment test is required to be carried out. The impairment test compares the assets or cash generating units (CGUs) carrying amount with its recoverable amount. The recoverable amount is the higher of the amounts calculated under the fair value less cost of disposal and value in use approaches.

Value-in-use is estimated using a discounted cash flow model. The future cash flows are adjusted for risks specific to the asset and is adjusted where applicable to consider any specific risks relating to the country where the asset or cash-generating unit is
F - 23


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


located. Future cash flows are discounted to their present value using a discount rate that reflects current market assessments of the time value of money.


A cash-generating unit is the smallest identifiable group of assets that generates cash inflows that are largely independent of the cash inflows from other assets or groups of assets. The composition and nature of the Group’s CGUs vary and is determined largely by identifying the smallest identifiable group of assets that generates independent cash inflows and factors specific to the Group’s mining operations. The Group’s CGUs are generally at the individual mine level with some operating mines consisting of a combination of shafts and/or pits.

The groupGroup allocates regional support assets to the CGUs. If there is an indication that a regional support asset may be impaired, then the recoverable amount is determined for the CGU to which the corporate asset belongs.

Exploration assets are tested for impairment whenever facts and circumstances indicate that the carrying amount is not recoverable. Assets will be allocated to CGUs or groups of CGUs based on how the entity manages its operations i.e., by mineral within a specific geographic area. An impairment loss is recognised for the amount by which the assets or CGUs carrying amount exceeds their recoverable amount.

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 that 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. Capitalised development costs are included as assets under construction and mine development costs in tangible assets.

Goodwill

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 Proven and Probable Mineral Reserve, exploration properties and net assets is recognised as goodwill. Goodwill in respect of subsidiaries is disclosed as goodwill.

Goodwill relating to subsidiaries is tested annually for impairment and carried at cost less accumulated impairment losses. Gains and losses on the disposal of an entity include the carrying amount of goodwill relating to the entity sold. Goodwill is allocated to cash-generating units for the purpose of impairment testing.

Leases

The Group assesses whether a contract is or contains a lease at inception of a contract. The groupGroup recognises a right-of-use asset and a corresponding lease liability with respect to all 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)less with no purchase option) and leases of low value assets.assets, where the recognition exemption is applied. For these leases, the groupGroup 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 consumed. The lease liability is initially measured at the present value of the lease payments that are not paid at the commencement date, discounted by using the rate implicit in the lease. If this rate cannot be readily determined, the groupGroup uses its incremental borrowing rate. The group has appliedincremental borrowing rate is the rate that the Group would have to pay to borrow the funds necessary to obtain an asset of similar value to the right of use asset in a similar economic environment with similar terms, security and conditions. The Group applies 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 groupGroup 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 groupGroup 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 liability 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.

F - 24


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


The groupGroup 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.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:
Periodsperiods covered by an option to extend the lease if AngloGold Ashantithe Group is reasonably certain to make use of that option; and / or
Periodsperiods covered by an option to terminate the lease, if AngloGold Ashantithe Group is reasonably certain not to make use of that option.


Whenever the groupGroup 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 and measured under IAS 37 Provisions, Contingent Liabilities and Contingent Assets. The costs are included in the related right-of-use asset, unless those costs are incurred to produce inventories.


Right-of-use assets are depreciated over the shorter period of lease term and useful life of the underlying asset. If a lease transfers ownership of the underlying asset or the cost of the right-of-use asset reflects that the groupGroup 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 presented as a separate line in the consolidated statement of financial position.

The groupGroup applies IAS 36 Impairment of Assets to determine whether a 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 other expenses, all other impairmentsInventory write downs are included in cost of sales.


Provisions


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 recognisedmade when the group hasthere is a present obligation, whether legal or constructive, because of a past event for which it is probable that an outflow of resources embodying economic benefitsexpenditure on remediation work will be required to settleand the obligation and a reliable estimatecost can be madeestimated within a reasonable range of the amount of the obligation. Where some or all of the expenditure required to settle a provision ispossible outcomes. The costs are based on currently available facts, technology expected to be reimbursed by another party,available at the reimbursementtime of the clean-up, laws and regulations presently or virtually certain to be enacted and prior experience in remediation of contaminated sites.

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 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 partiesincluded within mine infrastructure.

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Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Decommissioning costs are expected to settle part or all of the obligation.

Provisions are measuredprovided at the present value of management’s best estimate of the expenditure requiredexpenditures 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 the reporting date. The discounta pre-tax rate used to determine the present valuethat reflects current market assessments of the time value of moneymoney.

Gains or losses from the expected disposal of assets are not taken into account when determining the provision.

Restoration costs

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 theadjusted 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.


Other

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.


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.

Employee benefits


Other post-employmentPost-employment benefit obligations


Some groupGroup 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.



Some of these obligations are funded with a purchased insurance policy to which the Group contributes premiums to. As this insurance policy does not meet the definition of a qualifying insurance policy the entity recognises its right to reimbursement under the insurance policy as a separate asset measured at fair value similar to a defined benefit plan asset. 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 are payable when employment is terminated before the normal retirement date, or when an employee accepts voluntary redundancy in exchange for these benefits. The groupGroup 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, Contingent Liabilities and Contingent 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’sGroup’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.

F - 26

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


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’sGroup’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.

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.

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 when control of the goods passes to the customer and the performance obligations of transferring control have been met. The amount of revenue recognised reflects the consideration to which the entity is entitled in exchange for the goods transferred.


Revenue from product sales comprises sales of:
refined gold;
by-products including silver and sulphuric acid; and
doré bars.


Revenue from product sales is recognised at a point in time.


Taxation


Deferred taxation is recognised 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 an acquisition that is a business combination that is an acquisition.combination.


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.

Other expenses and income

Items of income and expense not included in gross profit, that are:
material either quantitatively or qualitatively, or both;
non-recurring;
not directly related to current operating or financing activities ; and
not disclosed separatelyif based on the face ofspecific facts and circumstances, the entity has determined that the interest (receivable or payable) and penalties payable to the tax authorities are an income statement,tax.
are classified as Other expenses and income on the face of the income statement.






Financial instruments


Financial instruments are initially recognised at fair value when the groupGroup 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
F - 27

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

assets and financial liabilities, except financial instruments classified as at fair value through profit or loss (FVTPL)., which are expensed. The subsequent measurement of financial instruments is dealt with below.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


Financial liabilities


Financial liabilities are classified as measured at amortised cost.cost using the effective interest rate method. Financial liabilities subsequently measured at amortised cost compromise of interest bearing borrowings, bank overdrafts and trade and other payables.


A financial liability is derecognised when the obligation under the liability is discharged, cancelled or expires. The groupGroup 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, aA financial asset is classified as measured at:
amortisedAmortised 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 measuredAssets at amortised cost if it is held within the business model whose objective is to holdinclude trade, other receivables and other assets, to collect contractual cash flowsrestricted for use 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.cash equivalents. Interest income from these financial assets is included in finance income using the effective interest rate method. Any gain

On derecognition of a financial asset, the difference between the proceeds received or loss arising on derecognitionreceivable and the carrying amount of the asset is recognised directlyincluded in profit or loss and presented in other gains or losses, together with foreign exchange gains or losses.loss. 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 lossesforeign exchange and fair value adjustments in the period in which it arises. On derecognition

Cash and cash equivalents
Cash and cash equivalents comprise cash on hand, deposits on call and other short-term highly liquid investments with a maturity period of a financial asset, the difference between the proceeds receivedthree months or receivableless at date of purchase. Cash and thecash equivalents are stated at carrying amount which fairly approximates its fair value. For the purposes of the assetstatement of cash flows cash and cash equivalents is includednet of bank overdrafts as it forms an integral part of the Group’s cash management.

Cash restricted for use
Cash restricted for use comprises cash and cash equivalents including amounts held in profit or loss.escrow, trust, separate bank accounts and cash held by joint operations which are not available for general use by the Group. Cash restricted for use for more than 12 months is classified as a non-current financial asset.


Equity instruments
Listed and unlisted equity investments are included in Other investments in the Statement of financial position. Listed equity investments which are held to meet rehabilitation liabilities are classified as FVTPL. Listed equity investments held for other purposes are classified as FVTOCI.


The groupGroup subsequently measures all equity investments at fair value. Where the group’sGroup’s management has elected to present fair value gains and losses on equity investments in OCI, there is no subsequent reclassification of fair value gains and losses to profit or loss following the derecognition of the investment. Dividends from such investments continue to be recognised in profit or loss as other income when the group’sGroup’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.and presented net within foreign exchange and fair value adjustments in the period in which it arises.

Trade receivables
Trade receivables mainly comprise receivables owing from banking institutions purchasing gold bullion. Normal market settlement terms are two working days.


Impairment of financial assets

Financial assets at amortised cost consist of trade receivables, loans, cash and cash equivalents, cash restricted for use and debt instruments.securities. 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.assets and the movement on the loss allowance is recognised in profit and loss. 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 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 appropriateFinancial guarantees in the circumstances and for which sufficient data are available to measure fair value, maximising the useparent company
F - 28

Table of relevant observable inputs and minimising the use of unobservable inputs.Contents



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS(continued)





Financial guarantee contracts are recognised as a financial liability at the time the guarantee is issued. The liability is initially measured at fair value. The fair value of a financial guarantee contract is the present value of the difference between the net contractual cash flows required under a debt instrument, and the net contractual cash flows that would have been required without the guarantee. The liability is amortised in a straight line over the period the guarantee remains in place.







F - 29

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

2    SEGMENTAL INFORMATION


AngloGold Ashanti Limited’sAshanti’s operating segments are being reported based on the financial information regularly 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.


The reportable segment information is aligned with the Group’s new operating model which was announced in 2021 and implemented during 2022.

Under the new operating model, the manner in which the financial results are reported to the CODM and the composition of the operating segments continue to be reported per geographical region. In addition, a new segment, Projects has been introduced from the implementation of the new operating model (previously reported under the America’s segment). The Projects segment comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. The comparative information of the affected operating segment information has been restated.

In addition to the geographical reportable segments structure, the Group has voluntarily disaggregated and disclosed the financial information on a line-by-line basis for each mining operation to facilitate comparability of mine performance.
F - 30

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Group analysis by origin is as follows:
Figures in millionsGold income
US Dollars202220212020
Restated (8)
Geographical analysis of gold income by origin is as follows:
Africa * (1)
2,981 2,644 2,937 
Kibali - Attributable 45%596 659 647 
Iduapriem443 361 485 
Obuasi431 204 219 
Siguiri591 545 453 
Geita920 875 1,133 
Australia *967 890 989 
Sunrise Dam410 416 459 
Tropicana - Attributable 70%557 474 530 
Americas *1,036 1,028 1,211 
Cerro Vanguardia319 279 358 
AngloGold Ashanti Mineração557 600 649 
Serra Grande160 149 204 
4,984 4,562 5,137 
Equity-accounted joint ventures included above(596)(659)(647)
Continuing operations4,388 3,903 4,490 
Discontinued operations - South Africa — 408 
4,388 3,903 4,898 
Foreign countries included in the above and considered material are:
Australia967 890 989 
Argentina319 279 358 
Brazil717 749 853 
Ghana874 565 704 
Guinea591 545453 
Tanzania920 875 1,133 
DRC596 659 647 
Geographical analysis of gold income by destination is as follows:
South Africa #
599 669 661 
North America409 699 580 
South America33 34 
Australia967 890 989 
Europe319 279 358 
United Kingdom2,066 1,446 2,095 
Other #
591 545 453 
4,984 4,562 5,137 
Equity-accounted joint ventures included above(596)(659)(647)
Continuing operations4,388 3,903 4,490 
Discontinued operations - South Africa — 408 
Continuing and discontinued operations4,388 3,903 4,898 
# The Siguiri gold production is sold through an agent to multiple customers, the destination which is not determinable and as a result allocated to the Other category in the geographical analysis. The comparatives previously included under South Africa have been reclassified accordingly.
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 millionsBy product revenue
US Dollars2019
 2018
 2017
Continental Africa(1)
3
 4
 3
Australia3
 2
 2
Americas81
 128
 135
 87
 134
 140
Equity-accounted investments included above(1) (1) (1)
Continuing operations86
 133
 139
Discontinued operations - South Africa1
 6
 15
 87
 139
 154
      


The Group's revenue is mainly derived from gold income. Approximately 34%55% of the group'sGroup's total gold produced is sold to twothree customers of the group.Group: ANZ Investment Bank Ltd in Australia (20%), Standard Chartered Bank in the United Kingdom (22%), and JP Morgan Chase N.A. London in the United Kingdom (13%). Due to the diversity and depth of the total gold market, the bullion banks do not possess significant pricing power.



F - 31

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Figures in millionsBy product revenue
US Dollars202220212020
Africa * (1)
4 
Kibali - Attributable 45%1 
Iduapriem1 
Obuasi1 — — 
Siguiri — 
Geita1 
Australia *4 
Sunrise Dam1 
Tropicana - Attributable 70%3 
Americas *106 119 99 
Cerro Vanguardia75 93 82 
AngloGold Ashanti Mineração31 26 17 
114 128 106 
Equity-accounted joint ventures included above(1)(2)(1)
Continuing operations113 126 105 
Discontinued operations - South Africa — 
113 126 106 


Figures in millionsCost of sales
US Dollars202220212020
Restated (8)
Africa * (1)
2,004 1,650 1,702 
Kibali - Attributable 45%342 350 340 
Iduapriem314 238 280 
Obuasi266 164 164 
Siguiri488 410 377 
Geita594 488 542 
Administration and other — (1)
Australia *783 740 705 
Sunrise Dam371 364 342 
Tropicana - Attributable 70%382 346 338 
Administration and other30 30 25 
Americas *913 822 764 
Cerro Vanguardia273 261 269 
AngloGold Ashanti Mineração477 435 392 
Serra Grande162 123 101 
Administration and other1 
Corporate and other4 (5)(2)
3,704 3,207 3,169 
Equity-accounted joint ventures included above(342)(350)(340)
Continuing operations3,362 2,857 2,829 
Discontinued operations - South Africa — 287 
3,362 2,857 3,116 
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Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Figures in millions
Gross profit (loss) (2)
US Dollars202220212020
Restated (8)
Africa * (1)
981 999 1,239 
Kibali - Attributable 45%256 311 308 
Iduapriem130 124 206 
Obuasi165 41 55 
Siguiri103 135 76 
Geita327 388 593 
Administration and other — 
Australia *188 153 286 
Sunrise Dam40 53 117 
Tropicana - Attributable 70%177 130 194 
Administration and other(29)(30)(25)
Americas *229 325 532 
Cerro Vanguardia122 111 157 
AngloGold Ashanti Mineração111 191 273 
Serra Grande(2)26 104 
Administration and other(2)(3)(2)
Corporate and other(9)(2)
1,389 1,483 2,055 
Equity-accounted joint ventures included above(256)(311)(308)
Continuing operations1,133 1,172 1,747 
Discontinued operations - South Africa — 83 
1,133 1,172 1,830 

F - 33

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Figures in millionsAmortisation
US Dollars202220212020
Restated (8)
Africa * (1)
367 268 354 
Kibali - Attributable 45%95 105 104 
Iduapriem80 19 74 
Obuasi40 22 11 
Siguiri50 47 41 
Geita102 75 124 
Australia * (6)
172 150 160 
Sunrise Dam54 60 64 
Tropicana - Attributable 70%117 88 94 
Administration and other1 
Americas *185 161 163 
Cerro Vanguardia39 27 26 
AngloGold Ashanti Mineração106 108 109 
Serra Grande40 25 27 
Administration and other 
Corporate and other4 
728 582 679 
Equity-accounted joint ventures included above(95)(105)(104)
Continuing operations633 477 575 

Figures in millions
Total assets (3)(4)
US Dollars202220212020
Restated (7)(9)
Restated (7)(9)
Africa * (1)
4,083 4,226 3,989 
Kibali - Attributable 45%1,063 1,604 1,604 
Iduapriem436 386 328 
Obuasi1,268 1,036 923 
Siguiri447 463 458 
Geita864 732 670 
Administration and other5 
Australia * (6)
960 1,034 1,044 
Americas *1,406 1,573 1,370 
Cerro Vanguardia514 491 456 
AngloGold Ashanti Mineração625 781 650 
Serra Grande228 252 189 
Administration and other39 49 75 
Projects * (7)
872 313 256 
Colombian projects244 211 176 
North American projects628 102 80 
Corporate and other751 854 1,046 
8,072 8,000 7,705 

F - 34

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Figures in millions
Non-current assets (5)
US Dollars202220212020
Restated (7)(9)
Restated (7)(9)
Non-current assets considered material, by country are:
South Africa40 61 59 
Foreign entities5,767 5,640 5,086 
DRC1,063 1,604 1,604 
Ghana1,349 1,191 948 
Tanzania594 510 425 
Australia758 806 849 
Brazil659 797 627 
North America617 — — 

Figures in millionsCapital expenditure
US Dollars202220212020
Restated (7)
Restated (7)(8)
Africa * (1)
576 506 435 
Kibali - Attributable 45%90 72 52 
Iduapriem146 105 60 
Obuasi159 168 206 
Siguiri27 38 30 
Geita154 123 87 
Australia * (6)
202 185 143 
Sunrise Dam50 62 53 
Tropicana - Attributable 70%152 122 90 
Administration and other — 
Americas *322 346 168 
Cerro Vanguardia66 69 31 
AngloGold Ashanti Mineração199 195 104 
Serra Grande57 82 33 
Projects * (7)
17 52 49 
Colombian projects16 52 49 
North American projects1 — — 
Corporate and other1 11 — 
Continuing operations1,118 1,100 795 
Discontinued operations - South Africa — 35 
1,118 1,100 830 
Equity-accounted joint ventures included above(90)(72)(56)
1,028 1,028 774 
The operating segments continue to be presented per geographical region. The additional information disaggregated and disclosed for each mining operation has been provided by the Group to facilitate comparability of mine performance.
(1)Includes equity-accounted investments.
(2)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 and discontinued operations, refer to the Group income statement.
(3)Total assets include allocated goodwill of $105m (2021: $111m; 2020: $118m) for Australia and nil (2021: $8m; 2020: $8m) for Americas (note 15).
(4)In 2022, the Group's pre-tax impairments and derecognition of assets of $308m were accounted for in Corporate and other of nil (2021: $1m; 2020: nil), Africa Region of $4m (2021: $4m; 2020: nil) and the Americas of $304m (2021: $1m; 2020: nil). In 2020, there was an impairment reversal of $17m in South Africa.
(5)Non-current assets exclude financial instruments, deferred tax assets and reimbursive right for post-retirement benefits.
(6)The Australia total assets include property, plant and equipment, cash, leased assets, inventory and others assets which the Group is unable to allocate and disaggregate on a reasonable basis between the different mining operations, as some of these assets represent shared assets between the mining operations within the Australia geographical region. The amortisation disaggregated segment disclosures only relate to property, plant and equipment which do not represent shared assets and for which the Group can disaggregate and allocate on a reasonable basis to the different mining operations within the geographical region.
F - 35

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

(7)    A new segment for Projects (previously reported under the Americas segment) has been introduced due to the implementation of the new operating model which comprises all the major non-sustaining capital projects with the potential to be developed into operating entities. Comparative information has been restated.
(8)     The adoption of the amendment to IAS 16 “Property, Plant and Equipment - Proceeds before Intended Use” on 1 January 2022 resulted in a retrospective increase in gold income of $168m, cost of sales of $130m, amortisation of $5m, gross profit of $38m and capital expenditure of $38m for 31 December 2020 . Refer to note 1.
(9) The total asset balances for 31 December 2021 and 31 December 2020 have been retrospectively restated and increased with $33m due to the initial application of the amendment to IAS 16 “Property, Plant and Equipment - Proceeds before Intended Use” on 1 January 2022..Refer to note 1.


3    REVENUE FROM PRODUCT SALES
US Dollars
Figures in millions202220212020
Restated
Revenue consists of the following principal categories:
Gold income (note 2)4,388 3,903 4,490 
By-products (note 2)113 126 105 
4,501 4,029 4,595 

4    COST OF SALES
US Dollars
Figures in millions202220212020
Restated
Cash operating costs2,554 2,160 2,012 
Royalties185 162 181 
Other cash costs14 12 13 
Total cash costs2,753 2,334 2,206 
Retrenchment costs6 
Rehabilitation and other non-cash costs 38 32 
Amortisation of tangible assets (notes 30 and 34)551 411 526 
Amortisation of right of use assets (notes 14, 30 and 34)81 63 47 
Amortisation of intangible assets (notes 15, 30 and 34)1 
Inventory change(30)14 
3,362 2,857 2,829 

5    OTHER EXPENSE (INCOME)
US Dollars
Figures in millions202220212020
Care and maintenance 45 — 
Governmental fiscal claims11 
 Legacy TSF obligations(16)14 
Pension and medical defined benefit7 
Royalty receivable impaired — 
Royalties received(2)(2)(2)
Retrenchment and related costs 18 — 
Legal fees and project costs15 10 
Refund from insurance claim — (5)
Other indirect taxes11 18 23 
Premium on settlement of bonds 24 — 
26 136 57 


F - 36

Table of Contents
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)
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

(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 millions202220212020
Finance costs
Finance costs on bonds, bank loans and other102 109 124 
Amortisation of fees8 23 
Lease finance charges11 
Less: interest captalised(2)(14)(17)
119 110 138 
Unwinding of obligations30 39 
Total finance costs and unwinding of obligations (notes 30 and 34)149 116 177 
The interest included within finance costs is calculated at effective interest rates.
 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
87    SHARE OF ASSOCIATES AND JOINT VENTURES' PROFIT (LOSS)
US Dollars
Figures in millions202220212020
Revenue629 697 677 
Operating costs and other expenses(393)(370)(353)
Profit on sale of joint ventures — 19 
Net interest received4 
Profit (loss) before taxation240 334 348 
Taxation(73)(85)(70)
Profit (loss) after taxation167 249 278 
Impairment investment in joint ventures (note 17)(1)— — 
Share of associates and joint ventures’ profit (loss) (note 30)166 249 278 


8    EMPLOYEE BENEFITS
US Dollars
Figures in millions202220212020
Employee benefits including Executive Directors’ and Prescribed Officers’ salaries and other benefits650 593 644 
- current medical expenses17 25 23 
- defined benefit post-retirement medical expenses5 
- defined contribution20 20 25 
Retrenchment costs6 16 
Share-based payment expense (note 9)18 22 16 
Included in cost of sales, other expenses and corporate administration, marketing and related expenses of continuing and discontinued operations716 682 717 



F - 37
 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

Table of Contents
(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)

11    SHARE-BASED PAYMENTS
US Dollars
Figures in millions202220212020
Equity-settled share incentive schemes
Deferred Share Plan (DSP)18 22 14 
Other — 
Total share-based payment expense (note 8)18 22 16 

 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


EquityPrevious equity schemes with outstanding awards exercisable include the Bonus Share Plan (BSP), Deferred Share Plan (DSP), and Long Term Incentive Plan (LTIP) and the Co-Investment. The Deferred Share Plan (CIP).(DSP) replaced all previous AngloGold Ashanti incentive schemes.


Bonus Share Plan (BSP)
Award date (unexercised awards)2018
Calculated fair valueR119.14 
Vesting date 50%22 Feb 2019
Vesting date 50%22 Feb 2020
Expiry date22 Feb 2028
Number of shares
202220212020
Awards outstanding at beginning of year849,683 1,005,977 2,141,415 
Awards lapsed during the year(3,581)— — 
Awards exercised during the year(219,580)(156,294)(1,135,438)
Awards outstanding and exercisable at end of year626,522 849,683 1,005,977 
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

CashNo cash awards were granted under the bonus share plan outstanding at year end 31 December 2019 amount to 12,295 (2018: 33,046; 2017: 23,666)2022 (2021: nil; 2020: nil) and an amount of 20,751no cash awards vested and areor were deemed settled for the year ended 31 December 2019 (2018: 15,209, 2017: 6,754)2022 (2021: nil; 2020: 12,295).
Deferred Share Plan (DSP)
The Deferred Share Plan (DSP)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.



Award date (unvested awards and awards vested during the year)202220212020
Calculated fair valueR335.04 R308.97 R325.97 
DSP 2 year
Vesting date 50%24 Feb 202324 Feb 202225 Feb 2021
Vesting date 50%24 Feb 202424 Feb 202325 Feb 2022
DSP 3 year
Vesting date 33%24 Feb 202324 Feb 202225 Feb 2021
Vesting date 33%24 Feb 202424 Feb 202325 Feb 2022
Vesting date 34%24 Feb 202524 Feb 202425 Feb 2023
DSP 5 year
Vesting date 20%24 Feb 202324 Feb 202225 Feb 2021
Vesting date 20%24 Feb 202424 Feb 202325 Feb 2022
Vesting date 20%24 Feb 202524 Feb 202425 Feb 2023
Vesting date 20%24 Feb 202624 Feb 202525 Feb 2024
Vesting date 20%24 Feb 202724 Feb 202625 Feb 2025
Expiry date24 Feb 203224 Feb 203125 Feb 2030

F - 38

Table of Contents





NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

11    SHARE-BASED PAYMENTS (continued)

Equity-settled incentive schemes (continued) continued
Number of shares
202220212020
Awards outstanding at beginning of year2,692,383 2,289,762 1,599,360 
Awards granted during the year793,955 1,185,348 1,176,532 
Awards lapsed during the year(163,697)(322,814)(155,575)
Awards exercised during the year(839,033)(459,913)(330,555)
Awards outstanding at end of year2,483,608 2,692,383 2,289,762 
Awards exercisable at end of year693,211 588,694 183,439 

Long Term Incentive Plan (LTIP)
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
(unexercised awards)2015
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)
Calculated fair valueR129.94 
Award date (unvested awards and awards vested during the year)2015
Calculated fair value

R129.94
Vesting date3 Mar 2018
Expiry date3 Mar 2025
Number of shares
202220212020
Awards outstanding at beginning of year109,229 111,562 229,639 
Awards exercised during the year(46,521)(2,333)(118,077)
Awards outstanding and exercisable at end of year62,708 109,229 111,562 
F - 39
 Number of shares
 2019
 2018
 2017
Awards outstanding at beginning of year447,842
 2,466,357
 4,363,330
Awards lapsed during the year
 (1,186,330) (1,512,857)
Awards exercised during the year(218,203) (832,185) (384,116)
Awards outstanding at end of year229,639
 447,842
 2,466,357
Awards exercisable at end of year229,639
 447,842
 455,914

Table of Contents



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


11    SHARE-BASED PAYMENTS (continued)


10    TAXATION
Figures in millionsUS Dollars
202220212020
South African taxation
Normal taxation1 — 
Prior year under (over) provision1 (1)— 
Deferred taxation
Other temporary differences — 74 
2 (1)75 
Foreign taxation
Normal taxation198 252 553 
Prior year under (over) provision31 (3)
Deferred taxation
Temporary differences(7)52 
Prior year under (over) provision4 (6)
Impairment and disposal of tangible assets(58)— — 
Change in estimate3 (14)
Change in statutory tax rate — 
171 313 550 
173 312 625 


Equity-settled incentive schemes (continued)

Figures in millionsUS Dollars
Reconciliation to South African statutory rate202220212020
Implied tax charge at 28%137 268 445 
Increase (decrease) due to:
Expenses not tax deductible(1)
84 22 29 
Share of associates and joint ventures' profit(46)(70)(78)
Tax rate differentials(2) and withholding taxes(3)
25 54 96 
Exchange variations and translation adjustments 28 
Deferred tax assets recognised at Obuasi(56)— (6)
Current year tax losses (expense) not recognised:
Obuasi(50)— 
AngloGold Ashanti Holdings plc24 25 31 
   North America22 13 
   Siguiri (4)
(27)(37)(8)
   SA Corporate20 18 — 
Change in planned utilisation of deferred tax assets and impact of estimated deferred tax rate change3 (14)
Tax effect of retained SA items — 16 
Tax allowances — (1)
Derecognition of deferred tax assets — 78 
Impact of statutory tax rate change — 
Adjustment in respect of prior years(5)
36 — 
Other1 (1)
Income tax expense173 312 625 
Co-Investment Plan (CIP)
 Number of shares
 2019
 2018
 2017
Awards outstanding at beginning of year112,578
 95,378
 97,651
Awards granted during the year
 80,809
 112,105
Awards lapsed during the year(16,500) (11,633) (62,775)
Awards matched during the year(72,151) (51,976) (51,603)
Awards outstanding at end of year23,927
 112,578
 95,378

Cash-Settled Long Term Incentive Plan (CSLTIP)

There were no changes to rules or practices within the CSLTIP scheme,(1) Includes non-deductible corporate, legal, project, exploration and no awards during 2018 and 2019.
Award date (unvested awards and awards vested during the year)    
  2017 2016
Vesting date
1 March 2020 1 March 2019
 Number of units
 2019
2018
2017
Share units outstanding at beginning of year3,815,761
4,469,618
2,464,630
Share units granted during the year

2,572,437
Share units lapsed during the year(1,305,761)(611,265)(507,597)
Share units exercised during the year(1,029,438)(42,592)(59,852)
Share units outstanding at end of year1,480,562
3,815,761
4,469,618

The closing share price at 31 December 2019 is R316.50 (2018: R181.75; 2017: R128.62).


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
      

Reconciliation 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 otherrehabilitation costs, transfer pricingimpairments in Brazil and British Virgin Isle group losses.
(2) Due to different tax rates in various jurisdictions.jurisdictions, primarily Tanzania, Ghana, Guinea, Australia, Brazil and Argentina.
(3) During 2018, AngloGold Ashanti Holdings plc changed its Withholding taxes on dividends paid.
(4) Siguiri current tax jurisdiction from the Isleexpense not recognised due to tax holiday.
(5) Includes $34m provided in Colombia in 2022.
.
F - 40

Table of Man (taxed at 0% in 2017) to the United Kingdom (taxed at 19% in 2018 and 19% in 2019).Contents



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

10    TAXATION (continued)

12    TAXATION (continued)

Figures in millionsUS DollarsFigures in millionsUS Dollars

2019

2018

2017
202220212020
Analysis of unrecognised deferred tax assets




Analysis of unrecognised deferred tax assets
Tax losses available to be utilised against future profits




Available to be utilised against future profitsAvailable to be utilised against future profits
- utilisation required within one year
 48
 
- utilisation required within one year107 54 62 
- utilisation required between one and two years85
 187
 48
- utilisation required between one and two years100 177 54 
- utilisation required between two and five years356
 300
 333
- utilisation required between two and five years1,350 1,339 352 
- utilisation required between five and twenty years973
 1,229
 1,210
- utilisation required between five and twenty years956 989 1,002 
- utilisation in excess of twenty years73
 26
 1
- utilisation in excess of twenty years588 449 421 

1,487
 1,790
 1,592
3,101 3,008 1,891 
At the statutory tax rates the unrecognised value of deferred tax assets are: $389m (2018: $501m; 2017: $470m)is: $857m (2021: $834m; 2020: $487m), mainly relating to tax losses incurred in the United Kingdom, North America, Ghana, Colombia and Colombia.South Africa. Unutilised capital allowances in Ghana of $132m (2021:$1bn) were converted into tax losses. The losses are forfeited if not utilised within five years.


On 23 February 2022, the South African finance minister announced a change in corporate tax rate from 28% to 27% for companies with years of assessment ending on or after 31 March 2023. Unrecognised deferred tax assets in South Africa was calculated at 27%. The tax rate change resulted in a $4m decrease within the South African unrecognised deferred tax assets.

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 groupGroup 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 groupGroup 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’sGroup’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.Therelegislation. 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.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)$4m (2021: $7m; 2020: $8m). 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.months as at 31 December 2022. 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’companies’ tax returns for periods from 20032005 to 2016 which individually and in aggregate are not considered to be material. Based on the engagement with the Brazil 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$23m (2021: $19m; 2020: $20m) 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 Brazil 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 investigatedchallenged by the Colombian Tax Authority which resulted in claims for taxes and penalties of $88m$42m(1) (2018: $144m; 2017: $150m) (2021: $74m; 2020: $86m) 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,judgements in the Administrative Court of Cundinamarca. An appeal was lodged and all arguments submitted to the Council of State on 21 AugustCundinamarca in 2018, with an expected judgement in the next 12 to 18 months.which were subsequently appealed by AngloGold Ashanti. 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 willwere waived.

During November 2022, the Supreme Administrative Court issued final rulings on the tax treatment of exploration expenditure pertaining to the 2010 and 2011 tax years, partially allowing the AngloGold Ashanti tax claims as submitted. The rulings, which included tax and interest, cannot be appealed and resulted in tax liabilities of $34 million being provided for in 2022. The Court fully waived penalties for the 2010 and 2011 tax years which reduceswere originally assessed, to the overall exposure by $76m. The mattervalue of $70m (2021: $48m; 2020: $76m). Penalties of $8m pertaining to the 2013 and 2014 tax years was not recognised as a provision in 2022 and is pending and may take two to four yearsconsidered to be resolved. Management iscontingent, awaiting judgement from the Courts. A revised tax reform was adopted on 16 December 2022 in Colombia, which may lead to a reduction in interest charged on the 2010 and 2011 tax years. In February 2023, the Company paid $25m, which included a reduction of $6m in interest under the tax reform, in full settlement of the opinion that2011 tax and equity tax claims. The final court ruling in respect of the Colombian Tax Authority2010 tax year is unlikely to succeed in this matter and therefore no provision is made.awaited.


F - 41

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

10    TAXATION (continued)
(1) Includes After reduction of overall exposure by $70m (2021: $48m; 2020: $76m ) as described above.


Ghana - Iduapriem
The Ghana Revenue Authority completed a tax audit during the third quarter of 2020 for the 2018 year of assessment claiming a tax liability of $14m at the time (2021:$14m; 2020: $15m). The claim related to corporate income taxes, where certain business expenses have been disallowed as a deduction for tax purposes. Management filed an objection to the assessment in September 2020 and a tax appeal with the High Court during the fourth quarter of 2021. An out of court settlement was reached with the Ghana Revenue Authority during the fourth quarter of 2022, whereby the corporate income tax claims were withdrawn, at no cost to Iduapriem.

Guinea - Siguiri
The Guinea Tax Authority has challenged variouscertain aspects of Société AngloGold Ashanti de Guinée S.A.'s tax return for the Companies’ tax returns for periods2010 year of 2010, and 2014 to 2016assessment totalling $12m (attr.) (2018: $8m (attr.);2017:(attributable) (2021: $8m (attr.)(attributable); 2020: $8m (attributable)). Management has objected to these assessments butthe assessment. However, provision has providedbeen made for a portion of the total claims amounting to $2m (attr.) (2018:(attributable) (2021: $2m (attr.)(attributable); 2017: $2m(attr.2020: $2m (attributable)). A meeting was held in February 2022 under the Minister of Budget Tax advisor’s chairmanship, calling for the formation of a tripartite committee to review the claim and resolve the issue. Members from government were appointed to the committee, but no meetings were held in 2022.

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

12    TAXATION (continued)


Mali - Sadiola, Yatela Morilaand AGA Mali Services
The Mali Tax Authority has challenged various aspects of the Companies’Société des Mines de Yatela S.A. and Société AngloGold Ashanti Mali S.A.'s tax returns for periods of 2012 to 20182019 totalling $26m (attr.) (2018: $16m (attr.)$4m (attributable) (2021: $4m (attributable); 2017: $16m(attr.)2020: $1m (attributable)). 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 Mali Tax Authority is unlikely to succeed in this matterthe tax matters 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 20182021 amounting to $164m (2018: $163m; 2017: $113m).$318m (2021: $291m; 2020: $254m) including adjusted tax assessments relating to the 2020 and 2021 tax years, which were received in June 2022 and September 2022 totalling $28 million. In addition, the Tanzania Revenue Authority has issued Agency Notices on various local bank accounts of the Company in Tanzania, enforcing payments from those bank accounts, despite the matters being on appeal. In order to continue operating its bank accounts and to not impact operations, Geita made payments under protest for which a receivable of $24m (2021: $25m) was raised. Management has objected and appealed through various levels of the legislative processesadministrative processes. Management has obtained external legal advice 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 remainderclaims of the claims the TaxTanzania Revenue Authority isare unlikely to succeed and therefore no provision has been made.succeed.


In addition, to the above, it should be noted that amendments passed to Tanzanian 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 groupGroup 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.






F - 42

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

1311    EARNINGS (LOSS) PER ORDINARY SHARE
202220212020
Restated
US cents per share
Basic earnings (loss) per ordinary share71 148 236 
- Continuing operations71 148 234 
The calculation of basic earnings per ordinary share is based on profits attributable to equity shareholders of $297m (2021: $622m; 2020: restated $984m) and 420,197,062 (2021: 419,755,627; 2020: 419,033,516) shares being the weighted average number of ordinary shares in issue during the financial year.
- Discontinued operations — 
The calculation of basic earnings per ordinary share is based on profits attributable to equity shareholders of nil (2021: nil; 2020: $7m) and 420,197,062 (2021: 419,755,627; 2020: 419,033,516) shares being the weighted average number of ordinary shares in issue during the financial year.
Diluted earnings (loss) per ordinary share71 148 236 
- Continuing operations71 148 234 
The calculation of diluted earnings per ordinary share is based on profits attributable to equity shareholders of $297m (2021: $622m; 2020: restated $984m) and 420,869,866 (2021: 420,056,703; 2020: 419,481,450) shares being the diluted number of ordinary shares.
- Discontinued operations — 
The calculation of diluted earnings per ordinary share is based on profits attributable to equity shareholders of nil (2021: nil; 2020: $7m) and 420,869,866 (2021: 420,056,703; 2020: 419,481,450) shares being the weighted average number of ordinary shares in issue during the financial year.

 2019
 2018
 2017
 US cents per share
Basic earnings (loss) per ordinary share(3) 32
 (46)
- Continuing operations87
 52
 35
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(90) (20) (81)
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(3) 32
 (46)
- Continuing operations87
 52
 35
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(90) (20) (81)
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
202220212020
Ordinary shares418,260,476 417,272,178 416,399,307 
Fully vested options and currently exercisable(1)
1,936,586 2,483,449 2,634,209 
Weighted average number of shares420,197,062 419,755,627 419,033,516 
Dilutive potential of share options672,804 301,076 447,934 
Diluted weighted average number of ordinary shares420,869,866 420,056,703 419,481,450 
(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.
F - 43
 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)

Table of Contents
 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)



1311    EARNINGS (LOSS) PER ORDINARY SHARE (continued)
US Dollars
Figures in millions202220212020
Restated
Headline earnings (loss) (4)
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 operations297 622 991 
Impairment loss on investment in joint venture (1)
1 — — 
Net (impairment reversal) impairment on held for sale assets (1)
 — (17)
Impairment on property, plant and equipment and right of use asset (1)
304 — 
Taxation on impairment on property, plant and equipment and right of use asset(58)— — 
Derecognition of assets (1)
4 — 
Loss on disposal of discontinued operations — 80 
Taxation on loss on disposal of discontinued operations — 
Profit on sale of joint ventures (1)
 — (19)
Net (profit) loss on disposal of tangible assets(4)(17)
Taxation on net (profit) loss on disposal of assets — 
544 612 1,038 
US Cents
Headline earnings
Headline earnings per ordinary share (2)
129 146 248 
Diluted headline earnings per ordinary share (3)
129 146 247 
(1)Tax effect has not been disclosed as the tax is less than $1m or $nil.
(2) Calculated on the basic weighted average number of ordinary shares.
(3) Calculated on the diluted weighted average number of ordinary shares.
(4) Headline earnings and headline earnings per share disclosure has been included due to Johannesburg Stock Exchange requirements.


12    DIVIDENDS
US Dollars
Figures in millions202220212020
Ordinary shares
Dividend number 121 of 165 SA cents per share was declared on 21 February 2020 and paid on 27 March 2020 (9 US cents per share).38 
Dividend number 122 of 705 SA cents per share was declared on 22 February 2021 and paid on 26 March 2021 (48 US cents per share).199 
Dividend number 123 of 87 SA cents per share was declared on 6 August 2021 and paid on 10 September 2021 (6 US cents per share)25
Dividend number 124 of 217 SA cents per share was declared on 22 February 2022 and paid on 25 March 2022 (15 US cents per share)62 
Dividend number 125 of 493 SA cents per share was declared on 5 August 2022 and paid on 9 September 2022 (28 US cents per share)119 
181 224 38 

F - 44
 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

Table of Contents

14    DIVIDENDS
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS
  US Dollars
Figures in million 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 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
    
  27
 24
 39

1513    TANGIBLE ASSETS
Figures in millionsMine
development
costs
Mine
infrastructure
Mineral
rights
and
dumps
Exploration
and
evaluation
assets
Assets
under
construction
Land and
buildings(3)
Total
US Dollars
Cost
Balance at 1 January 2020 Restated (1)
5,001 3,776 881 400 66 10,131 
Additions
- project capital64 — — 284 20 369 
- stay-in-business capital180 — 179 370 
Finance costs capitalised (4)
— — — — 17 — 17 
Disposals(1)(26)— — — — (27)
Transfers and other movements (2)
(1,076)186 (699)(320)24 (1,883)
Translation157 (1)— 176 
Balance at 31 December 2020 Restated (1)
4,325 3,953 188 566 112 9,153 
Accumulated amortisation and impairments
Balance at 1 January 20203,866 2,803 846 25 — 7,544 
Amortisation for the year345 179 — — 530 
Disposals(1)(25)— — — — (26)
Transfers and other movements (2)
(1,208)(33)(699)— — — (1,940)
Translation117 — — 128 
Balance at 31 December 2020 Restated (1)
3,119 2,930 156 26 — 6,236 
Net book value at 31 December 20201,206 1,023 32 540 112 2,917 
Cost
Balance at 1 January 2021 Restated (1)
4,325 3,953 188 566 112 9,153 
Additions
- project capital68 — — 300 19 392 
- stay-in-business capital274 17 — — 344 — 635 
Finance costs capitalised (4)
— — — — 14 — 14 
Disposals(2)(23)— — — (5)(30)
Transfers and other movements (2)
140 (207)— (2)(320)— (389)
Translation(107)(6)(3)— (5)— (121)
Balance at 31 December 2021 Restated (1)
4,698 3,734 185 12 899 126 9,654 
Accumulated amortisation and impairments
Balance at 1 January 20213,119 2,930 156 26 — 6,236 
Amortisation for the year243 166 — — 417 
Impairment and derecognition of assets(5)
— — — — — 
Disposals(1)(22)— — — — (23)
Transfers and other movements(2)
(79)(311)— — — — (390)
Translation(78)(4)(3)— — — (85)
Balance at 31 December 20213,204 2,765 159 26 — 6,161 
Net book value at 31 December 20211,494 969 26 873 126 3,493 
F - 45

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
US Dollars             
              
Cost             
Balance at 1 January 20175,943
 4,576
 919
 5
 450
 82
 11,975
Additions            
- project capital28
 3
 
 
 125
 
 156
- stay-in-business capital371
 37
 
 
 257
 
 665
Disposals(1) (20) 
 
 
 
 (21)
Transfers and other movements(1)
(168) (21) (27) 
 (291) 1
 (506)
Transfer to assets and liabilities held for sale(785) (281) (7) 
 (72) (3) (1,148)
Translation174
 88
 7
 
 21
 3
 293
Balance at 31 December 20175,562

4,382

892

5

490

83

11,414
              
Accumulated amortisation and impairments             
Balance at 1 January 20174,163
 2,792
 868
 3
 26
 12
 7,864
Amortisation for the year553
 272
 3
 
 
 1
 829
Impairment and derecognition of
assets (5)
182
 62
 8
 
 1
 
 253
Disposals(1) (20) 
 
 
 
 (21)
Transfers and other movements(1)
(326) (163) (27) 
 
 
 (516)
Transfer to assets and liabilities held for sale(685) (169) (4) 
 (1) 
 (859)
Translation93
 22
 5
 
 
 2
 122
Table of Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


1513    TANGIBLE ASSETS (continued)



Figures in millionsMine
development
costs
Mine
infrastructure
Mineral
rights
and
dumps
Exploration
and
evaluation
assets
Assets
under
construction
Land and
buildings(3)
Total
US Dollars
Cost
Balance at 1 January 20224,698 3,734 185 12 899 126 9,654 
Additions
- project capital121   1 255 1 378 
- stay-in-business capital286 8   355 1 650 
Finance costs capitalised (4)
    2  2 
Acquisition of assets (5)
— — 614 — — — 614 
Disposals(2)(14)    (16)
Transfers and other movements(2)
290 379  (1)(753)1 (84)
Translation(120)(8)(4) (1) (133)
Balance at 31 December 20225,273 4,099 795 12 757 129 11,065 
Accumulated amortisation and impairments
Balance at 1 January 20223,204 2,765 159 7 26  6,161 
Amortisation for the year374 174 8 1   557 
Impairment and derecognition of assets(6)
109 149 16   8 282 
Disposals(1)(14)    (15)
Transfers and other movements(2)
(11)(23)    (34)
Translation(86)(5)(3)(1)  (95)
Balance at 31 December 20223,589 3,046 180 7 26 8 6,856 
Net book value at 31 December 20221,684 1,053 615 5 731 121 4,209 
(1)The tangible asset cost for 31 December 2020 and 31 December 2021 has been retrospectively restated and increased by $33m due to the initial application of the amendment of IAS 16 "Property, Plant and Equipment - Proceeds before intended use" on 1 January 2022. Refer to note 1.
(2)Transfers and other movements include amounts from deferred stripping, changes in estimates of decommissioning assets, asset reclassifications and initial recognition of joint operation share of property, plant and equipment.
(3)Assets of $7m (2021: $6m; 2020: $7m) have been pledged as security.
(4)The weighted average capitalisation rate used to determine the amount of borrowing costs eligible for capitalisation was 4.53% (2021: 4.96%; 2020: 4.52%)
(5)Corvus Gold
On 18 January 2022, AngloGold Ashanti announced the successful completion of the previously announced plan of arrangement with Corvus Gold Inc. (“Corvus Gold”), pursuant to which AngloGold Ashanti agreed to acquire the remaining 80.5% of common shares of Corvus Gold, not already owned by AngloGold Ashanti. On acquisition, AngloGold Ashanti obtained control over Corvus Gold.

Under the terms of the arrangement, the shareholders of Corvus Gold (other than the AngloGold Ashanti Group) received C$4.10 in cash per Corvus Gold share. The acquisition was concluded to represent an asset acquisition under IFRS.

The total consideration was $460m, including a non-cash consideration of $95m. The non-cash consideration primarily represents the fair value of $80m of the 19.5% Corvus Gold investment held by the Group prior to the acquisition of the 80.5%, and previously accounted for as an equity investment at fair value through OCI. The cash consideration paid, including transaction costs, at an exchange rate of C$1.26/$, amounted to $365m.

The Company has completed its analysis to assign fair values to all identifiable assets acquired and liabilities assumed. In accordance with asset acquisition accounting, the Company has allocated the total purchase consideration to these identifiable assets based on their relative fair values at the date of the acquisition to mineral rights and dumps of $460m.

Coeur Sterling

On 4 November 2022, AngloGold Ashanti announced the successful completion of its previously announced plan to acquire all of the shares of Coeur Sterling, Inc. (“Coeur Sterling”), a wholly owned subsidiary of Coeur Mining, Inc. ("Coeur").

Under the terms of the arrangement, AngloGold Ashanti paid the closing consideration of $150m to Coeur in cash.

Coeur estimated that the properties acquired by AngloGold Ashanti have a Mineral Resource of 914,000oz. The payment of $50m additional consideration is contingent on whether after additional exploration activities, AngloGold Ashanti declares a Mineral Resource from these properties that is greater than 3.5Moz. The additional exploration activities have not yet been performed by the Group.

The acquisition was concluded to represent an asset acquisition under IFRS. The Company has completed its analysis to assign fair values to all identifiable assets acquired and liabilities assumed. In accordance with asset acquisition accounting, the Company has allocated the total purchase consideration to these identifiable assets based on their relative fair values at the date of the acquisition to mineral rights and dumps of $154m and rehabilitation provisions of $2m.
(6)Impairment of assets is assessed as follows:



F - 46

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
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 20185,562
 4,382
 892
 5
 490
 83
 11,414
Additions            
- project capital2
 
 
 
 175
 
 177
- stay-in-business capital294
 20
 3
 
 149
 1
 467
Disposals(5) (30) 
 (1) 
 (3) (39)
Transfers and other movements(1)
60
 (41) 
 
 (270) 1
 (250)
Translation(239) (119) (7) 
 (32) (5) (402)
Balance at 31 December 20185,674

4,212

888

4

512

77

11,367
              
Accumulated amortisation and impairments             
Balance at 1 January 20183,979
 2,796
 853
 3
 26
 15
 7,672
Amortisation for the year397
 233
 2
 1
 
 1
 634
Impairment and derecognition of assets(5)

 104
 
 
 
 
 104
Disposals(5) (27) 
 (1) 
 (2) (35)
Transfers and other movements(1)
(52) (153) 
 
 
 
 (205)
Translation(135) (42) (6) 
 1
 (2) (184)
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
Table of Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


1513    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.
(2)
Included in the amounts for mine infrastructure are assets held under finance leases with a net book value of 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 nil (2018: $3m; 2017: $6m).
(4)
Assets of $9m (2018: $10m; 2017: $11m) have been pledged as security.
(5)
Impairment and derecognition of assets is assessed as follows:


Impairment calculation assumptions as at 31 December 20192022 - 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 $1,300/$1,731/oz (2018: $1,239/(2021: $1,599/oz; 2020:$1,450/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:
provedProven and probable OreProbable Mineral Reserve;
value beyond provedProven and probable reservesProbable Mineral Reserve (including exploration potential) determined using the gold price assumption referred to above;
In determining the impairment for each cash generating unit, the real pre-taxpost-tax rate was derived from the weighted average cost of capital (WACC) using the Capital Asset Pricing Model (CAPM) to determine the required return on equity with risk factors consistent with the basis used in 2018. At 31 December 2019, the derived group WACC was 8.1% (real post-tax) which is 20 basis points lower than in 2018 of 8.3%, and is based on the industry average capital structure of the major gold companies considered to be appropriate peers.2021. 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 1 year5 years to 3929 years; and
variable operating cash flows are increased at local Consumer Price Index rates.


ImpairmentsCórrego do Sítio (CdS)

CdS is owned and derecognitionsoperated by AngloGold Ashanti Mineração (AGA Mineração) in Brazil. The CdS mining complex has been in operation since 1989 and consists of tangible assets

Foropen pit and underground mines. The property is currently in a production stage. In line with AngloGold Ashanti's reinvestment strategy, management has taken a decision during theyear ended 31 December, third quarter of 2022 to carve out the following impairmentsunderperforming complex of CdS from the AGA Mineração CGU and derecognitions of tangible assets were recognised:
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 impairmentto investigate alternative strategic options including either to sell the complex, place the complex under care and maintenance, close the complex or to consider additional capital expenditure to regain profitability of the South African asset disposal group, measuredcomplex. After the strategic review of CdS, the Company has elected to retain CdS. This decision resulted in the disaggregation of the AGA Mineração CGU into two separate CGUs, being the CdS mining complex CGU and the Cuiabá mining complex CGU.

As a result of these impairment indicators, the recoverable amount for the CdS mining complex CGU was determined not to support its carrying values as at fair value less costs to sell30 September 2022 and an impairment loss of $151m ($189m gross of taxes) was recognised and included in the Americas segment. The disaggregation of CGUs did not have an impact on reportable segments in terms of IFRS 8 Operating Segments as disclosed in Discontinued operations. Referthe segmental reporting. The recoverable amount of $5m was determined with reference to note 9.the CGU’s value in use derived from a discounted cash flow model, using a discount rate of 8.5% compared to the CGU’s carrying amount of $156m.


ImpairmentCuiabá

Cuiabá is owned and operated by AGA Mineração in Brazil. It has been in operation since 1834 and is an underground mine. The property is currently in the production stage. The Cuiabá mining complex CGU, which was disaggregated from the AGA Mineração CGU, recognised an impairment loss of cash generating units$57m ($70m gross of taxes). This was largely due to the suspension of filtered tailings deposition on the Calcinados Tailings Storage Facility (TSF) and processing of gold concentrate at the Queiroz plant in December 2022 (with both servicing the Cuiabá mining complex), pending completion of additional buttressing to align the TSF’s post liquefaction factor of safety with international standards currently considered best practice.


The group reviewsrecoverable amount of $304m (compared to the CGU's carrying amount of $361m) was determined with reference to the CGU’s value in use which requires the use of estimates. The impairment result was derived from a discounted cash flow model and tests the carrying valuea discount rate of its mining assets when events or8.5%.

Management modelled various scenarios, which included a combination of reasonably possible changes in circumstances suggest thatkey assumptions, to determine the impact on the recoverable amount. The impairment assessment required significant judgement and estimation uncertainty. The impairment loss was recognised and included in the Americas segment.

Serra Grande

Mineração Serra Grande (“Serra Grande”) is wholly owned by AngloGold Ashanti and is located in the northwest of Goiás State, central Brazil. It has been in operation since 1986 and consists of three underground and two open pit mines. The property is currently in the production stage. The Serra Grande CGU recognised an impairment loss of $38m ($45m gross of taxes) during December 2022 largely due to a projection of lower grades and ounces and an increase in the interest rates driven by global inflation and country risk which resulted in an increased discount rate. The recoverable amount of $128m was determined with reference to the CGU’s value in use derived from a discounted cash flow model, using a discount rate of 8.5% (Dec 2021: 5.6%) compared to the CGU’s carrying amount may not be recoverable.of $166m. The impairment loss was recognised and included in the Americas segment.


On 12 February 2020, AngloGold Ashanti announced the sale
F - 47

Table of its remaining South African producing assets and related liabilities to Harmony Gold Mining Company Limited for cash and deferred payments with expected proceeds of around $300m, subject toContents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


1513    TANGIBLE ASSETS (continued)




conditions. The South African assets were accordingly transferredImpairment Allocation:

Cash Generating UnitMine Development CostMine InfrastructureMineral Rights and DumpsLand and buildingsTotal Tangible Asset
Impairment
GoodwillRight of use assetsTotal Impairment
Figures in millions - US Dollars2022
Córrego do Sítio58 98 16 6 178  11 189 
Cuiabá3430  1 65  5 70 
Serra Grande1718  1 36 81 45 
109 146 16 8 279 8 17 304 
Sensitivity analysis - Impairment

Sensitivity analysis -ImpairmentCuiabáCórrego do SítioSerra Grande
Figures in millions - US Dollars2022
Assumed gold price and discount rate have a significant impact on the recoverable amount. A 1% change in the gold price and 1% absolute movement (discount rate) would have the following impact:
Effect of increase in assumption:
1% change in gold price17 6 7 
1% absolute movement in discount rate(21)(2)(6)
Effect of decrease in assumption:
1% change in gold price(17)(6)(7)
1% absolute movement in discount rate23 2 7 
Assumed cash flows have a significant impact on the recoverable amount of Cuiabá. (1) A one- and three-month delay in the net cash flows would have the following impact:
Effect of change in cash flow assumption:
One month movement in cash flows(4)
Three month movement in cash flows(13)

(1) A risk assessment conducted in December 2022, with oversight from external consultants, as required by Brazilian regulations, concluded that additional buttressing should be completed at the Calcinados TSF (receiving material from the Cuiabá CGU) to heldalign the TSF’s post liquefaction factor of safety with international standards currently considered best practice. Construction at the Calcinados TSF is expected to begin later in 2023, and the timeline for salecompletion will be determined once the engineering and written down to fair value less cost to sell. Refer to note 9.

Cash generating units with marginal headroom

Based on an analysis carried outgeotechnical work has been completed by external consultants. Tailings deposition at the group in 2019,Calcinados TSF, as well as processing of gold concentrate at the carrying value and value in useQueiroz plant, which services the Cuiabá mine complex, is suspended until additional buttressing 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) ItCalcinados TSF impoundment is estimated that a decreasecomplete. The extent and timing of the long-term realwork requires significant estimation and judgement and management’s assumptions may ultimately differ from the actual outcome.

Management modelled various scenarios, which included a combination of reasonably possible changes in key assumptions, to determine the impact on the recoverable amount. Key areas of estimation uncertainty include gold price sensitivities (as disclosed above) and projected timelines of $1,300/oz by 4.2%, would causecompletion of the receivable amountstructural improvements, where such delays could lead to loss of Kibali to equal its carrying amount. The sensitivity analysis has been provided on the basisproduction. Additionally, management’s assumptions for future cash flows include an estimate of costs that the key assumption changes without a change in the other assumptions. However, forCompany expect to incur including capital expenditure as well as incremental revenue and costs related to potential gold concentrate sales. 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 are inextricably linked.


(2) Equity accounted investment included in investments in associates and joint ventures in the Statement
F - 48

Table of Financial Position.Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)



16



14 RIGHT OF USE ASSETS AND LEASE LIABILITIES


The groupGroup leases various assets including buildings, plant and equipment and vehicles. Some of the group’sThe Group’s lease obligations are secured by the lessors’ title to the leased assets for such leases.

RIGHT OF USE ASSETS
Figures in millions - US DollarsMine Infra-
structure
Land and
buildings
Total
Cost
Balance at 1 January 2020209 24 233 
Additions23 — 23 
Derecognition and other movements (1)
(13)(12)
Translation14 (1)13 
Balance at 31 December 2020233 24 257 
Accumulated amortisation and impairments
Balance at 1 January 202061 14 75 
Amortisation for the year45 47 
Derecognition and other movements (1)
(11)— (11)
Translation(1)
Balance at 31 December 2020100 15 115 
Net book value at 31 December 2020133 142 
Cost
Balance at 1 January 2021233 24 257 
Additions95 102 
Derecognition and other movements(1)
(22)(15)(37)
Translation(9)— (9)
Balance at 31 December 2021297 16 313 
Accumulated amortisation and impairments
Balance at 1 January 2021100 15 115 
Amortisation for the year61 63 
Derecognition and other movements(1)
(22)(15)(37)
Impairment— 
Translation(4)— (4)
Balance at 31 December 2021135 138 
Net book value at 31 December 2021162 13 175 
Cost
Balance at 1 January 2022297 16 313 
Additions90 1 91 
Derecognition and other movements(1)
(34) (34)
Translation(8)(2)(10)
Balance at 31 December 2022345 15 360 
Accumulated amortisation and impairments
Balance at 1 January 2022135 3 138 
Amortisation for the year78 3 81 
Derecognition and other movements(1)
(29) (29)
Impairment (2)
17  17 
Translation(4)1 (3)
Balance at 31 December 2022197 7 204 
Net book value at 31 December 2022148 8 156 
(1)    Derecognition and other movements include amounts relating to modifications and terminations of leased assets
(2)     The Group recognised an impairment loss of $304m (gross of taxation) during December 2022, of which $17m related to right of use assets. Refer to note 13

F - 49

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
Table of Contents

(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.


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)









16.    RIGHT OF USE ASSETS AND LEASE LIABILITIES (continued)

LEASE EXPENSES
Figures in millions - US Dollars202220212020
Amounts recognised in the income statement (1)
Expenses on short term leases19 48 107 
Expenses on variable lease payments not included in the lease liabilities(2)
749 302 234 
Expenses on leases of low value assets15 33 24 
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(1) Short-term, low value and variable contracts continue to be recognised within cost of sales and corporate administration, marketing and other costs.related expenses.


Total cash outflow for leases during the period amounted to $51m, consisting(2) The variable lease payments consist mainly 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.contracts and constitutes 87% of total lease payments made during the period. The variable nature of these contracts is to allow equal sharing of pain and gain between the groupGroup and its contractors. These payments are predominantly driven by performance measures on a per tonne or a per metre basis. The increase in variable lease payments is mainly due to the full year impact of the AMAX lease at Iduapriem (half year impact in 2021), higher leasing activity at Brazil due to their leasing strategy deployed and an increased footprint of our North American operations. The future cash flows to which the Group is potentially exposed to are not disclosed as their variability does not permit reliable forecasts. Short-term, low value


LEASE LIABILITIES
Figures in millions - US Dollars202220212020
Reconciliation of lease liabilities (1)
A reconciliation of the lease liabilities included in the statement of financial position is set out in the following table:
Opening balance185 153 171 
Lease liabilities recognised90 103 23 
Repayment of lease liabilities(82)(63)(47)
Finance costs paid on lease liabilities(10)(9)(8)
Interest charged to the income statement11 
Modifications and terminations(7)— (1)
Translation(1)(8)
Closing balance186 185 153 
Lease liabilities
Non-current (note 34)102 124 116 
Current (note 34)84 61 37 
Total186 185 153 
(1)     The Group leases a number of assets as part of its activities. These primarily include gas pipelines, ore haulage and variablesite services, mining equipment and property. All lease contracts continuecontain market review clauses in the event that the Group exercises its option to be recognised within costrenew. A maturity analysis of sales.lease liabilities is provided in note 33.


The weighted average incremental borrowing rate at the date


F - 50

Table of initial application is 4.72%.Contents




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)







1715    INTANGIBLE ASSETS
Figures in millionsGoodwillOtherTotal
US Dollars
Cost
Balance at 1 January 2020116 144 260 
Additions— 
Transfers and other movements(1)
— (49)(49)
Translation10 — 10 
Balance at 31 December 2020126 96 222 
Accumulated amortisation and impairments
Balance at 1 January 2020— 137 137 
Amortisation for the year— 
Transfers and other movements(1)
— (49)(49)
Translation— 
Balance at 31 December 2020— 91 91 
Net book value at 31 December 2020126 131 
Cost
Balance at 1 January 2021126 96 222 
Additions— 
Transfers and other movements(1)
— (1)(1)
Translation(7)(1)(8)
Balance at 31 December 2021119 95 214 
Accumulated amortisation and impairments
Balance at 1 January 2021— 91 91 
Amortisation for the year— 
Transfers and other movements(1)
— (1)(1)
Translation— (1)(1)
Balance at 31 December 2021— 92 92 
Net book value at 31 December 2021119 122 
Cost
Balance at 1 January 2022119 95 214 
Additions 1 1 
Translation(6)(1)(7)
Balance at 31 December 2022113 95 208 
Accumulated amortisation and impairments
Balance at 1 January 2022 92 92 
Amortisation for the year— 1 1 
Impairment of Goodwill (2)
8  8 
Translation 1 1 
Balance at 31 December 20228 94 102 
Net book value at 31 December 2022105 1 106 
(1)Transfers and other movements include amounts from asset reclassifications and amounts written off.
Figures in millionsGoodwill
 Other
 Total
US Dollars     
Cost     
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
 1
 1
Disposals
 (3) (3)
Transfers and other movements(1)

 4
 4
Translation(11) (7) (18)
Balance at 31 December 2018116

167

283
Accumulated amortisation and impairments     
Balance at 1 January 2018
 161
 161
Amortisation for the year  5
 5
Disposals
 (3) (3)
Transfers and other movements(1)

 4
 4
Translation
 (7) (7)
Balance at 31 December 2018

160

160
Net book value at 31 December 2018116

7

123
Cost     
Balance at 1 January 2019116
 167
 283
Transfer to assets and liabilities held for sale
 (26) (26)
Transfers and other movements(1)

 3
 3
Balance at 31 December 2019116

144

260
Accumulated amortisation and impairments     
Balance at 1 January 2019
 160
 160
Amortisation for the year  3
 3
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
(2)The Serra Grande CGU recognised an impairment loss of $45m (gross of taxation) during December 2022, of which $8m related to goodwill. Refer to note 13.

(1)
Transfers and other movements include amounts from asset reclassifications and amounts written off.

F - 4851

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


1715    INTANGIBLE ASSETS(continued)
Impairment calculation assumptions for goodwill
Based on an analysis carried out by the groupGroup in 2019,2022, the carrying value and value in use of cash generating units (CGUs)the most sensitive CGU with goodwill that were most sensitive is:
2022
US Dollars
Figures in millionsCarrying
Value
Value in
use
Sunrise Dam230 293 
 2019
 US Dollars
Figures in millions
Carrying
Value
 
Value in
use
Sunrise Dam220
 363


As at 31 December 2019,2022, the recoverable amount of Sunrise Dam exceeded its carrying amount by $143m. The$63m. Sunrise Dam CGU had $108m$105m goodwill at that date.31 December 2022. The life of mine of Sunrise Dam is planned until 2028.


It is estimated that a decrease of the long-term real gold price of $1,300/$1,731/oz by 5%4.5%, or an increase in the discount rate of 4.6% to 13.9% 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 materialan adjustment to the carrying amounts in future periods.


Net book value of goodwill allocated to each of the CGUs:
US Dollars
Figures in millions202220212020
- Sunrise Dam105 111 118 
- Serra Grande 
105 119 126 
Real post-tax discount rates applied in impairment calculations on the CGU for which the carrying amount of goodwill is significant is as follows:
- Sunrise Dam (1)
4.6 %2.4 %5.4 %
 US Dollars
Figures in millions2019
 2018
 2017
- Sunrise Dam108
 108
 119
- Serra Grande8
 8
 8
 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 (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 groupGroup reviews and tests the carrying value of goodwill on an annual basis for impairment. The discount rates for 20192022 were determined on a basis consistent with the 20182021 discount rates.


(1)The value in use of the CGU is $293m (2021: $389m; 2020: $538m).
(1)
The value in use of the CGU is $363m in 2019 (2018: $750m; 2017: $402m).

F - 4952

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

1816    MATERIAL PARTLY-OWNED SUBSIDIARIES
NameNon-controlling interest holdingCountry of incorporation and operation
202220212020
Cerro Vanguardia S.A. (CVSA)7.5 %7.5 %7.5 %Argentina
Société AngloGold Ashanti de Guinée S.A. (Siguiri)15 %15 %15 %Republic of Guinea
NameNon-controlling interest holding Country of incorporation and operation
 2019
 2018
 2017
  
Cerro Vanguardia S.A. (CVSA)7.5% 7.5% 7.5% Argentina
Société AngloGold Ashanti de Guinée S.A. (Siguiri)15% 15% 15% Republic of Guinea


Financial information of subsidiaries that have material non-controlling interests are provided below:
US Dollars
Figures in millions202220212020
Profit (loss) allocated to material non-controlling interests
CVSA7 
Siguiri12 19 10 
Accumulated balances of material non-controlling interests
CVSA11 11 14 
Siguiri23 41 31 

 US Dollars
Figures in millions2019
 2018
 2017
Profit (loss) allocated to material non-controlling interests     
CVSA5
 9
 7
Siguiri
 8
 13
Accumulated balances of material non-controlling interests     
CVSA13
 14
 13
Siguiri23
 32
 32

Summarised financial information of subsidiaries is as follows. The information is based on amounts including inter-company balances.
US Dollars
Figures in millionsCVSASiguiri
Statement of profit or loss for 2022
Revenue395 591 
Profit (loss) for the year101 78 
Total comprehensive income (loss) for the year, net of tax101 78 
Attributable to non-controlling interests7 12 
Dividends paid to non-controlling interests(7)(15)
Statement of profit or loss for 2021
Revenue371 546 
Profit (loss) for the year75 124 
Total comprehensive income (loss) for the year, net of tax75 124 
Attributable to non-controlling interests19 
Dividends paid to non-controlling interests(8)(8)
Statement of profit or loss for 2020
Revenue440 453 
Profit (loss) for the year84 68 
Total comprehensive income (loss) for the year, net of tax84 68 
Attributable to non-controlling interests10 
Dividends paid to non-controlling interests(6)(3)

F - 53

 US Dollars
Figures in millionsCVSA
 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
Profit (loss) for the year96
 88
Total comprehensive income (loss) for the year, net of tax96
 88
Attributable to non-controlling interests7
 13
Dividends paid to non-controlling interests(9) (10)
Table of Contents








NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


1816MATERIAL PARTLY-OWNED SUBSIDIARIES (continued)

US Dollars
Figures in millionsCVSASiguiri
Statement of financial position as at 31 December 2022
Non-current assets256 199 
Current assets (1)
260 248 
Non-current liabilities(144)(131)
Current liabilities(225)(165)
Total equity147 151 
Statement of financial position as at 31 December 2021
Non-current assets240 229 
Current assets(1)
252 234 
Non-current liabilities(132)(68)
Current liabilities(218)(122)
Total equity142 273 
Statement of financial position as at 31 December 2020
Non-current assets202 233 
Current assets(1)
254 224 
Non-current liabilities(123)(138)
Current liabilities(150)(117)
Total equity183 202 
Statement of cash flows for the year ended 31 December 2022
Cash inflow (outflow) from operating activities142 140 
Cash inflow (outflow) from investing activities(5)(27)
Cash inflow (outflow) from financing activities(94)(98)
Net increase (decrease) in cash and cash equivalents43 15 
Statement of cash flows for the year ended 31 December 2021
Cash inflow (outflow) from operating activities165 197 
Cash inflow (outflow) from investing activities(23)(38)
Cash inflow (outflow) from financing activities(112)(143)
Net increase (decrease) in cash and cash equivalents30 16 
Statement of cash flows for the year ended 31 December 2020
Cash inflow (outflow) from operating activities169 63 
Cash inflow (outflow) from investing activities(16)(30)
Cash inflow (outflow) from financing activities(59)(11)
Net increase (decrease) in cash and cash equivalents94 22 

(1) CVSA had a cash balance equivalent to $116m (2021: $139m; 2020: $137m), following the payment to AngloGold Ashanti of $17m (2021: $19m; 2020: nil) offshore dividends (net of withholding taxes). The remaining declared attributable dividend of $120m (2021: $131m; 2020: $50m) is available for payment to AngloGold Ashanti's offshore and onshore investment holding companies. Applications have been made to the Argentinean Central Bank to approve the payment of $105m (2021: $114m; 2020: $11m) of the offshore declared dividends related to the 2019, 2020 and 2021 financial years. While the approval is pending, the cash remains fully available for CVSA’s operational requirements.
Summarised financial information of subsidiaries is as follows. The information is based on amounts before inter-company eliminations.
F - 54
 US Dollars
Figures in millionsCVSA 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
Current assets171
 189
Non-current liabilities(103) (101)
Current liabilities(84) (82)
Total equity177
 212
    
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 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
Cash inflow (outflow) from investing activities(55) (82)
Cash inflow (outflow) from financing activities(118) (58)
Net increase (decrease) in cash and cash equivalents16
 12

Table of Contents



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)







1917    INVESTMENTS IN ASSOCIATES AND JOINT VENTURES
US DollarsUS Dollars
Figures in millions2019
 2018
 2017
Figures in millions202220212020
Carrying value     Carrying value
Investments in associates40
 36
 36
Investments in associates37 43 47 
Investments in joint ventures1,541
 1,492
 1,471
Investments in joint ventures1,063 1,604 1,604 
1,581

1,528

1,507
1,100 1,647 1,651 
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 Dollars
Figures in millions202220212020
Aggregate statement of profit or loss for associates (attributable)
Revenue31 36 29 
Operating (expenses) income (1)
(14)(16)(6)
Taxation(3)(2)— 
Profit (loss) for the year14 18 23 
Total comprehensive profit (loss) for the year, net of tax14 18 23 
 US Dollars
Figures in millions2019
 2018
 2017
Aggregate statement of profit or loss for associates (attributable)     
Revenue20
 19
 21
Operating (expenses) income (1)
3
 (4) (11)
Taxation
 (1) 2
Profit (loss) for the year23

14

12
Total comprehensive profit (loss) for the year, net of tax23

14

12
(1) Includes share of associate profitprofit.
Investments in material joint ventures comprise:
NameEffective %DescriptionCountry of incorporation and operation
202220212020
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 Dollars
Figures in millions202220212020
Carrying value of joint ventures
Kibali1,063 1,604 1,604 
(Impairment) reversal of investments in joint ventures
Yatela (note 7)(1)— — 
The cumulative unrecognised share of losses of the joint ventures:
Yatela2 

F - 55
NameEffective % Description Country of incorporation and operation
 2019 2018 2017    
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.

Table of Contents
 US Dollars
Figures in millions2019
 2018
 2017
      
Carrying value of joint ventures     
Kibali1,506
 1,439
 1,423
Immaterial joint ventures35
 53
 48
 1,541
 1,492
 1,471
Reversal (impairment) of investments in joint ventures     
Sadiola (note 8)6
 14
 2
 US Dollars
Figures in millions2019
 2018
 2017
      
The cumulative unrecognised share of losses of the joint ventures:     
Morila8
 8
 7
Yatela2
 3
 2

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




1917    INVESTMENTS IN ASSOCIATES AND JOINT VENTURES (continued)

Summarised financial information of the Kibali joint venturesventure is as follows (not attributable)(1):
US Dollars
Figures in millions202220212020
Statement of profit or loss
Revenue and other income1,329 1,470 1,443 
Other operating costs and expenses(588)(551)(541)
Amortisation of tangible and intangible assets(208)(244)(241)
Finance costs, unwinding of obligations and cash repatriation fee(50)(6)(6)
Interest received5 
Taxation(156)(181)(157)
Profit for the year332 494 505 
Total comprehensive income for the year, net of tax332 494 505 
Dividends received from joint venture (attributable)694 231 140 
US Dollars
Figures in millions202220212020
Statement of financial position
Non-current assets2,420 2,361 2,459 
Current assets201 162 120 
Cash and cash equivalents (2)
92 1,115 944 
Total assets2,713 3,638 3,523 
Non-current financial liabilities51 44 50 
Other non-current liabilities320 226 118 
Current financial liabilities56 14 15 
Other current liabilities105 107 106 
Total liabilities532 391 289 
Net assets2,181 3,247 3,234 
Group’s share of net assets1,091 1,624 1,617 
Other (3)
(28)(20)(13)
Carrying amount of interest in joint venture1,063 1,604 1,604 
(1)    At the end of January and in early February 2022, Kibali Goldmines S.A., which owns and operates the Kibali gold mine in the Democratic Republic of the Congo, received fifteen claims from the Direction Générale des Douanes et Accises (“Customs Authority”) concerning customs duties. The Customs Authority claims that incorrect import duty tariffs have been applied to the importation of certain consumables and equipment for the Kibali gold mine. In addition, they claim that the exemption available to Kibali Goldmines S.A., which was granted in relation to the original mining lease, no longer applies. Finally, the Customs Authority claims that a service fee paid on the exportation of gold was paid to the wrong government body. The claims, including substantial penalties and interest, total $339m* (AngloGold Ashanti attributable share: $153m). Five of these claims, totalling $256m*, have been closed and we await closure minutes, before settling $4.5m*. However, discussions are ongoing on the remaining $83m*, dealing with a 1% service fee on gold sales, which is being claimed by two different departments. Based on discussions with the minister of finance we anticipate to settle for no more than $8m* and therefore a total provision of $12.5m* was raised for these customs matters.

(2)    Kibali cash and cash equivalents are subject to various steps before they can be distributed to joint venture shareholders. Cash balances were reduced in 2022 due to repatriations in the form of dividends and repayment of shareholder loans.

(3)    Includes amounts relating to additional costs and contributions at acquisition as well as minority interests.

*100% (not attributable).

F - 56
 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
 

Table of Contents

 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)






2018    OTHER INVESTMENTS
US Dollars
Figures in millions202220212020
Listed investments (1)
Non-current investments
Equity investments at fair value through OCI (FVTOCI)
Balance at beginning of year116 186 72 
Additions16 
Capitalised to tangible assets (2)
(80)— — 
Fair value adjustments (3)
(50)(73)98 
Transfer from unlisted non-current investments — 
Balance at end of year2 116 186 
The non-current equity investments consist of ordinary shares and collective investment schemes and primarily comprise:
Corvus Gold Inc. 80 59 
Pure Gold Mining1 35 126 
Other1 
2 116 186 
Book value of listed investments2 116 186 
Unlisted investments
Non-current investments
Balance at beginning of year1 
Transfer to listed non-current investments — (7)
Fair value adjustments - FVTPL (1)
Balance at end of year1 
The unlisted investments include:
Book value of unlisted investments1 
Total book value of other investments3 117 188 
 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’sGroup’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.



(2)    The19.5% investment held in Corvus Gold Inc.was capitalised to tangible assets on completion of Corvus Gold asset acquisition on 18 January 2022.



(3)    Includes net fair value gain of nil (2021: $21m; 2020: $18m) for Corvus Gold Inc. and a fair value loss of $50m (2021: $94m; 2020: $81m net gain) for Pure Gold Mining.



F - 57


Table of Contents




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




19    INVENTORIES
US Dollars
Figures in millions202220212020
Non-current
Raw materials - ore stockpiles5 27 69 
Current
Raw materials
- ore stockpiles225 217 262 
- heap-leach inventory10 
Work in progress
- metals in process66 49 46 
Finished goods
- gold doré/bullion51 29 42 
- by-products2 — 
Total metal inventories354 302 355 
Mine operating supplies419 401 378 
773 703 733 
Total inventories(1)
778 730 802 
20    OTHER INVESTMENTS (continued)
 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
      

(1)The group’s listed equity investments are susceptible to market price risk arising from uncertainties about the future valuesamount of the investments.write down of ore stockpiles, heap-leach inventory, metals in process, finished goods and mine operating supplies to net realisable value, and recognised as an expense in cost of sales is $12m (2021: $13m; 2020: $7m)
At the reporting date, the FVTOCI equity investments were listed on the Toronto Stock Exchange.
(2)During 2019 a fair value adjustment.
20    TRADE, OTHER RECEIVABLES AND OTHER ASSETS
US Dollars
Figures in millions202220212020
Non-current
Deferred compensation asset12 25 28 
Prepayments19 14 12 
Recoverable tax, rebates, levies and duties (1)
200 198 195 
231 237 235 
Current
Trade and loan receivables20 50 56 
Prepayments58 41 56 
Recoverable tax, rebates, levies and duties (1)
148 155 100 
Other receivables11 14 17 
237 260 229 
Total trade, other receivables and other assets468 497 464 
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 Africa Region segment. These values are summarised as follows:
Recoverable value added tax231 212 215 
Appeal deposits43 43 34 
(1) Includes taxation asset, refer note 29.




F - 58

Table of $4m to the Sandstorm investment was recognised.Contents




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)





21    INVENTORIES
 US Dollars
Figures in millions2019
 2018
 2017
Non-current     
Raw materials - ore stockpiles93
 106
 100
 

 

 

Current     
Raw materials     
- ore stockpiles229
 251
 261
- heap-leach inventory4
 3
 5
Work in progress     
- metals in process51
 44
 58
Finished goods     
- gold doré/bullion42
 57
 59
- by-products1
 
 5
Total metal inventories327

355

388
Mine operating supplies305
 297
 295
 632

652

683
Total inventories(1)
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 other expenses and cost of sales is $4m (2018: $19m; 2017: $17m).
2220    TRADE, OTHER RECEIVABLES AND OTHER ASSETS(continued)
 US Dollars
Figures in millions2019
 2018
 2017
      
Non-current     
Prepayments15
 18
 17
Recoverable tax, rebates, levies and duties107
 84
 50
 122
 102
 67
      
Current     
Trade and loan receivables47
 33
 27
Prepayments61
 42
 62
Recoverable tax, rebates, levies and duties130
 116
 127
Other receivables12
 18
 6
 250
 209
 222
      
Total trade, other receivables and other assets372

311

289
      
      
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 tax167
 126
 106
Recoverable fuel duties43
 41
 38
Appeal deposits10
 10
 10


Geita Gold Mine


Geita Gold Mine (GGM) in Tanzania net indirect tax receivables balance increased by $35m$11m to $119m (2018: $84m; 2017: $67m)$153m (2021: $142m; 2020: $139m).


Claims relating to periods from August 2021 totalling $45m were offset against provisional tax payments in 2022. Offset against provisional corporate tax payments amounted to $54m in 2021. No refunds were received in cash in the current year, however claims relating to periods pre-July 2017 totalling $9m have beenor offset against provisional corporate tax payments in 2019 in accordance with legislation. These amounts were set off2020. Amounts offset against VAT claims that have been certified

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




by an external advisor and verified by the Tanzania Revenue Authority (“TRA”)(TRA). The TRA acknowledged the majority of the offsets during December 2019. The remaining disputed balance relating to the period July 2017 to June 2020 was objected to as GGM believe that the claims have been correctly set offlodged 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 isthey are 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.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. WeManagement have obtained a legal opinionopinions that supports oursupport management's view that doré does not constitute a “raw mineral”.


The Finance Act 2020 became effective on 1 July 2020. The Finance Act amended the VAT Act by deleting the disqualification of VAT refunds due to the exportation of “raw minerals”. The deletion is intended to ensure the recovery of VAT refunds from July 2020, although the amendment cannot be applied retrospectively, the change in the VAT Act, together with the Written Laws (Miscellaneous Amendments) (No.2) Act 2019, confirms that doré bars are not “raw minerals” and that VAT refunds from July 2017 onwards are due to GGM. On 30 January 2021, management received a proposal from the TRA to settle VAT objections filed between 2017 and 2020, confirming the TRA's position to disqualify all VAT refunds requested by GGM for the period from July 2017 to June 2020. Management is not in agreement with the proposal and are pursuing legal remedies provided to taxpayers by Tanzanian law, as well as working with the TRA towards an agreement to resolve these matters.

The total VAT claims submitted sincefrom July 2017 to June 2020 amount to $134m (of the total, $56m$155m (net of claims were submitted in 2019)foreign exchange revaluations). All disqualifications received from the TRA have been objected to by GGM in accordance with the provisions and time frames set out in the Tax Administration Act, 2015 (No.10). Claims of $64m (2021: $50m; 2020 $52m) were submitted to the TRA and the total claims amount to $203m (net of offsets and foreign exchange revaluations). The net indirect tax receivable at 31 December 2022 of $153m, reflects a probability weighted scenario model of the discounting effects applied to the timing of when GGM expects to offset its indirect tax claims against future income taxes of GGM.


CVSA

Cerro Vanguardia (CVSA)
On 4 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.Argentina. The export duty rate iswas 12% on the freight on board (FOB) value of goods exported, including gold, paid in country. The duty iswas limited so as not to exceed ARS $4 per USDfor each US dollar exported. On 14 December 2019, the Government of Argentina announced that the cap of ARS $4 for each US dollar exported, would be replaced by a flat rate of 12% for 2020. Pursuant toOn 2 October 2020, the Government of Argentina extended the export duties until 31 December 2021, at a rate of 8% for gold bullion. On 31 December 2021, the Government of Argentina extended the export duties until 31 December 2023, at a rate of 8% for gold bullion. In 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. Export duty refunds for the years 2018 to 2022 are outstanding as at 31 December 2022 and their fair value has been estimated using a probability weighted scenario model considering various recovery time frames, estimated Argentina Peso to USD exchange rates and discounting using a country risk adjusted rate. As a result of the taxation cap, net export duty receivables amount to $25m (2018: $14m).$9m (2021: $19m; 2020 $23m), and reflects the discounting effects applied to when CVSA expects refund of these receivables.

23    CASH RESTRICTED FOR USE
F - 59
 US Dollars
Figures in millions2019
 2018
 2017
      
Non-current31
 35
 37
 

 

 

Current     
Cash restricted by prudential solvency requirements and other27
 24
 18
Cash balances held by the Tropicana - joint venture6
 7
 10
 33
 31
 28
Total cash restricted for use (note 35 and 36)64
 66
 65

Table of Contents

24    CASH AND CASH EQUIVALENTS
 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

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




21    CASH RESTRICTED FOR USE
US Dollars
Figures in millions202220212020
Non-current
Cash restricted for environmental and rehabilitation obligations (1)
33 32 31 
Current
Cash restricted by prudential solvency requirements (2)
18 18 24 
Cash balances held by - joint operations (3)
9 18 
27 26 42 
Total cash restricted for use (note 33 and 34)60 58 73 
25    SHARE CAPITAL AND PREMIUM
 US Dollars
Figures in millions2019
 2018
 2017
      
Share capital     
Authorised     
600,000,000 ordinary shares of 25 SA cents each23
 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
Issued and fully paid     
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
 
 
 17
 16
 16
Treasury shares held within the group:     
2,778,896 A and B redeemable preference shares
 
 
 17
 16
 16
Share premium     
Balance at beginning of year7,208
 7,171
 7,145
Ordinary shares issued - share premium27
 37
 26
 7,235
 7,208
 7,171
Less: held within the group     
Redeemable preference shares(53) (53) (53)
Balance at end of year7,182
 7,155
 7,118
Share capital and premium7,199
 7,171
 7,134

The rights and restrictions applicable(1)    Reclamation bonds provided to the A, BEnvironmental Protection Agency in Ghana for environmental and C redeemable preference shares were unchanged during 2019. The cancellationrehabilitation obligations.
(2)    Cash held by the Group's captive insurance company to maintain the solvency capital requirement.
(3)    Cash held by joint operations for use within those entities only.

F - 60

Table of all redeemable preference shares is in process.Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




22    CASH AND CASH EQUIVALENTS
US Dollars
Figures in millions202220212020
Cash and deposits on call870 712 1,081 
Money market instruments238 442 249 
Total cash and cash equivalents (note 33 and note 34)1,108 1,154 1,330 
26    BORROWINGS

23    SHARE CAPITAL AND PREMIUM
US Dollars
Figures in millions202220212020
Share capital
Authorised (1)
600,000,000 ordinary shares of 25 SA cents each23 23 23 
Issued and fully paid
418,600,473 (2021: 417,501,452; 2020: 416,890,087) ordinary shares of 25 SA cents each17 17 17 
Share premium
Balance at beginning of year7,206 7,250 7,235 
Ordinary shares issued - share premium16 15 
Preference shares redeemed(1)
 (53)— 
7,222 7,206 7,250 
Less: held within the Group
Redeemable preference shares(1)
(53)
Balance at end of year7,222 7,206 7,197 
Share capital and premium7,239 7,223 7,214 

(1)     During December 2021 the A and B redeemable preference shares were redeemed and the preference share certificates cancelled.
All redeemable preference shares were removed from authorised share capital at the Annual General Meeting held on 16 May 2022.

F - 61
 US Dollars
Figures in millions2019
 2018
 2017
      
Non-current     
      
Unsecured     
Debt carried at amortised cost     
Rated bonds - issued July 2012762
 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 20101,003
 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
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
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
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)
 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. The facility was cancelled on 19 February 2020.     
Syndicated loan facility (R1bn)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 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.     
Other
 
 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

Table of Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

26    BORROWINGS (continued)

24    BORROWINGS
US Dollars
Figures in millions202220212020
Non-current
Unsecured
Debt carried at amortised cost
Rated bonds - issued October 2021745744 — 
Semi-annual coupons are paid at 3.375% per annum on the $750m 7-year bonds. The bonds were issued on 22 October 2021, are repayable on 1 November 2028.
Rated bonds - issued October 2020694 693 692 
Semi-annual coupons are paid at 3.75% per annum on $700m 10-year bonds. The bonds were issued on 1 October 2020, are repayable on 1 October 2030.
Rated bonds - issued April 2010296 296 295 
Semi-annual coupons are paid at 6.5% per annum on $300m 30-year bonds. The $300m bonds are repayable in April 2040.
Rated bonds - issued July 2012 — 764 
Semi-annual coupons were paid at 5.125% per annum on the $750m 10-year bonds. The bonds were issued on 30 July 2012 and were repaid during October 2021 and November 2021.
Multi-currency syndicated revolving credit facility ($1.4bn multi-currency RCF)31 — 
The Facility consisted 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 $500m with a margin of 1.45% above BBSY. The applicable margin was subject to a ratings grid. The facility was issued on 23 October 2018 and was repaid and cancelled on 9 June 2022.
Multi-currency syndicated revolving credit facility ($1.4bn multi-currency RCF) - 202230 
This facility was entered into on 9 June 2022 and consists of a US dollar- based facility with interest charged at a margin of 1.45% above SOFR plus a credit adjustment spread and an Australian dollar-based facility capped at $500m with a margin of 1.45% above BBSY. The applicable margin is subject to a ratings grid. The facility is available until 9 June 2027, with the option on application to extend by two years.
Siguiri revolving credit facility ($65m) 35 67 
Interest paid at 8.5% above LIBOR. The facility was issued on 23 August 2016, extended to 3 August 2022 and repaid and cancelled.
Siguiri revolving credit facility ($65m) - 202267 
Interest paid at 8% above term SOFR. The facility was issued on 13 October 2022 and is available until 13 October 2025.
Geita revolving credit facility ($150m)113 
Multi-currency RCF consisting of a Tanzanian shilling component which was capped at the equivalent of US$45m. Interest on this component was paid at 12.5%. Interest on the remaining USD component was paid at LIBOR plus 6.7%. The facility was cancelled during December 2021.
Geita revolving credit facility ($150m) - 2021151 110 
A multi-currency RCF was entered into during December 2021, consisting of a Tanzanian shilling component which is capped at the equivalent of US$87m. This component bears interest at 12.5%. The remaining USD component of the facility bears interest at LIBOR plus 6.7%. The facility matures either in August 2024 or December 2024 depending on the fulfilment of certain conditions in the facility agreement.
Total borrowings (note 33)1,983 1,909 1,931 
Current portion of borrowings (note 34)(18)(51)(142)
Total non-current borrowings (note 34)1,965 1,858 1,789 
F - 62

 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
Table of Contents


(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 millions202220212020
Amounts falling due
Within one year18 51 142 
Between one and two years149 31 812 
Between two and five years102 110 — 
After five years1,714 1,717 977 
(note 33)1,983 1,909 1,931 



IBOR linked borrowings

During the first half of 2022, the US$1.4bn multi-currency revolving credit facility (“RCF”) was repaid and replaced with a new five-year unsecured $1.4bn multi-currency RCF with interest charged at a margin of 1.45% above the Secured Overnight Financing Rate (“SOFR”) adjusted for credit adjustment spread. The $65m Siguiri RCF which was due to mature on 3 May 2022, was extended on 29 April 2022 for three months and the interest rate amended to a fixed rate plus 8.5%. During the second half of 2022, this Siguiri RCF was repaid and replaced with a new three-year unsecured $65m RCF with interest charged at a margin of 8% above term SOFR. The transition from LIBOR to SOFR had no impact on the Group financial statements as the relief provided by the Interbank Offered Rate (“IBOR”) Phase 2 amendments was applied.

The table below provides further detail on revolving credit facilities (RCFs) which reference LIBOR. At 31 December 2022, this facility had yet to transfer to an alternative benchmark rate:

Figures in millions - US DollarCarrying value at 31 December 2022Repayable within one yearRepayable between one and two years
Geita revolving credit facility ($150m) (1)
63— 63 

(1) The Geita RCF consists of a Tanzanian shilling component which is capped at the equivalent of US$87m and this component bears interest at 12.5%. The remaining component bears interest at LIBOR plus 6.7%. The Facility was fully drawn at 31 December 2022. The Geita RCF facility matures either in August 2024 or December 2024 depending on the fulfilment of certain conditions in the facility agreement.

F - 63

 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
Table of Contents




NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




BORROWINGS continued
US Dollars
Figures in millions202220212020
Currency
The currencies in which the borrowings are denominated are as follows:
US dollar1,858 1,829 1,884 
Australian dollar37 33 — 
SA rand — — 
Tanzanian shillings88 47 47 
(notes 33)1,983 1,909 1,931 
Undrawn facilities
Undrawn borrowing facilities as at 31 December are as follows:
FirstRand Bank Limited (R150m; 2021: R150m; 2020: R500m) - SA rand9 10 34 
Multi currency syndicated revolving credit facility ($1.4bn) - US Dollar1,362 1,367 1,400 
Geita Revolving credit facility - $150m - US dollar / Tanzanian shilling 40 41 
Siguiri Revolving credit facility - $65m - US dollar 30 — 
1,371 1,447 1,475 
Change in liabilities arising from financing activities:
Reconciliation of borrowings (excluding lease liabilities) (1)
A reconciliation of the total borrowings included in the statement of financial position is set out in the following table:
Opening balance1,909 1,931 2,033 
Proceeds from borrowings266 822 2,226 
Repayment of borrowings(184)(820)(2,310)
Finance costs paid on borrowings(89)(115)(114)
Deferred loan fees(8)(4)
Other borrowing fees (11)(15)
Interest charged to the income statement97 106 115 
Translation(8)— (8)
Closing balance1,983 1,909 1,931 
Reconciliation of finance costs paid:
A reconciliation of the finance cost paid included in the statement of cash flows is set out in the following table:
Finance costs paid on borrowings89 115 114 
Capitalised finance cost(2)(14)(17)
Commitment fees, utilisation fees and other borrowing costs12 10 13 
Total finance costs paid99 111 110 


27    ENVIRONMENTAL REHABILITATION AND OTHER PROVISIONS(1) Refer note 14 for changes in lease liabilities arising from financing activities.
F - 64
 US Dollars
Figures in millions2019
 2018
 2017
      
Environmental rehabilitation obligations     
      
Provision for decommissioning     
Balance at beginning of year237
 286
 279
Charge to income statement
 1
 2
Change in estimates(1)
29
 (47) 4
Unwinding of decommissioning obligation10
 12
 12
Transfer to assets and liabilities held for sale(81) 
 (20)
Utilised during the year(1) (1) (2)
Translation2
 (14) 11
Balance at end of year196
 237
 286
      
Provision for restoration     
Balance at beginning of year385
 409
 426
Charge to income statement(1) 2
 8
Change in estimates(1)
50
 (28) (17)
Unwinding of restoration obligation9
 12
 10
Transfer to assets and liabilities held for sale(15) 
 (3)
Transfer to current portion
 
 (17)
Utilised during the year(5) (3) (4)
Translation
 (7) 6
Balance at end of year423
 385
 409
      
Other provisions(2)
     
Balance at beginning of year205
 247
 172
Charge to income statement39
 24
 17
Change in estimates27
 18
 15
Additions
 
 64
Transfer to assets and liabilities held for sale(115) 
 
Transfer to trade and other payables(73) (26) (6)
Unwinding of other provisions6
 7
 1
Utilised during the year(16) (35) (35)
Translation5
 (30) 19
Balance at end of year78
 205
 247
      
Total environmental rehabilitation and other provisions697

827

942

Table of Content

(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 long-term provision for the silicosis class action litigation of $54m (2018: $47m; 2017: $63m), the short-term portion of $11m (2018; $16m; 2017: nil) has been included in trade and other payables.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)






25    ENVIRONMENTAL REHABILITATION AND OTHER PROVISIONS
US Dollars
Figures in millions202220212020
Environmental rehabilitation obligations
Provision for decommissioning
Balance at beginning of year215 219 196 
Charge to income statement — 
Change in estimates(1)
(55)(8)17 
Unwinding of decommissioning obligation5 
Translation(3)(2)
Balance at end of year162 215 219 
Provision for restoration
Balance at beginning of year458 440 423 
Charge to income statement(8)(3)
Change in estimates(1)
(36)29 15 
Additions2 — — 
Unwinding of restoration obligation12 
Utilised during the year(8)(10)(11)
Translation(4)(4)
Balance at end of year416 458 440 
Provision for silicosis
Balance at beginning of year34 4954
Change in estimates(1)1
Transfer (to) from short term provisions included in trade, other payables and provisions2 (5)(1)
Unwinding of silicosis provision3 34
Utilised during the year(15)(10)(9)
Translation (4)(3)
Balance at end of year23 3449
Other provisions(2)
Balance at beginning of year22 23 24 
Charge to income statement20 14 12 
Change in estimates2 — 
Transfer (to) from short term provisions included in trade, other payables and provisions(5)(7)
Utilised during the year(6)(6)(13)
Translation (2)(4)
Balance at end of year33 22 23 
Total environmental rehabilitation and other provisions634 729 731 
Sensitivity analysis - Provision for decommissioning (3)
A change in discount rates and cash flows have a significant impact on the amounts recognised in the statement of financial position. A 10% change in the discount rate and cash flows would have the following impact:
Effect of increase in assumptions:
10% change in discount rate(7)(5)(3)
10% change in cash flows16 21 22 
Effect of decrease in assumptions:
10% change in discount rate8 
10% change in cash flows(16)(21)(22)
Sensitivity analysis - Provision for restoration (3)
A change in discount rates and cash flows have a significant impact on the amounts recognised in the income statement. A 10% change in the discount rate and cash flows would have the following impact:
Effect of increase in assumptions:
10% change in discount rate(10)(5)(3)
28
F - 65

Table of Content
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)



10% change in cash flows42 46 44 
Effect of decrease in assumptions:
10% change in discount rate10 
10% change in cash flows(42)(46)(44)
Sensitivity analysis - Provision for silicosis (3)
Significant judgements are applied in estimating the costs required to settle any qualifying silicosis claims and is based on certain assumptions which includes the number of claimants, take-up rates and disease progression rates. A 10% change in these assumptions would have the following impact:
Effect of increase in assumptions:
10% change in take-up rates6 
10% change in number of cases6 
10% change in disease progression rate4 
Effect of decrease in assumptions:
10% change in take-up rates(6)(6)(6)
10% change in number of cases(6)(6)(6)
10% change in disease progression rate(4)(3)(3)

(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 comprises claims filed by former employees in respect of loss of employment, work-related accident injuries and diseases, governmental fiscal claims relating to levies, surcharges and environmental legal disputes and a shareholder claim related to stamp duties. These liabilities are expected to be settled over the next two-to five-year period.

(3)The sensitivity analysis is based on the change of a single assumption, keeping all other assumptions constant. This may not be the case in practice where changes in assumptions may result in correlated changes in other assumptions, and a change in the provision amount.


Environmental obligations

Pursuant to environmental regulations in the countries in which we operate, in connection with plans for the eventual end-of-life of our mines, we are obligated to rehabilitate the lands where such mines are located. In most cases, AngloGold Ashanti is required to provide financial guarantees for such work, including reclamation bonds or letters of credit issued by third party entities, independent trust funds or cash reserves maintained 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 estimated environmental rehabilitation obligations.

In most cases, the environmental obligations will expire on completion of the rehabilitation although, in some cases, we may be required to post bonds for potential events or conditions that could arise after the rehabilitation has been completed.

In Australia, since 2014, we have paid into a Mine Rehabilitation Fund an amount of AUD $11.2m for a current carrying value of the liability of AUD $107.4m. At Iduapriem, we have provided a bond comprising of a cash component of $11.8m with a further bond guarantee amounting to $14m issued by ABSA Bank Ghana Limited and Standard Chartered Bank Ghana Ltd for a current carrying value of the liability of $45.9m. At Obuasi, we have provided a bond comprising of a cash component of $21.54m with a further bank guarantee amounting to $30m issued by Stanbic Bank Ghana Limited and Standard Chartered Bank Ghana PLC for a current carrying value of the liability of $171.03m. In some circumstances we may be required to post further bonds in due course which will have a consequential income statement charge for the fees charged by the providers of the reclamation bonds.



26    PROVISION FOR PENSION AND POST-RETIREMENT BENEFITS
US Dollars
Figures in millions202220212020
Defined benefit plans
The retirement schemes consist of the following:
Post-retirement medical scheme for AngloGold Ashanti's South African employees66 71 77 
Other defined benefit plans5 
71 77 83 
F - 66

 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
 







Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




2826    PROVISION FOR PENSION AND POST-RETIREMENT BENEFITS (continued)
Figures in millions202220212020
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. The last valuation was performed as at 31 December 2022.
Information with respect to the defined benefit liability is as follows:
Benefit obligation
Balance at beginning of year71 77 93 
Interest cost6 
Benefits paid(7)(8)(7)
Actuarial loss (gain)(1)(9)
Translation(3)(5)(5)
Balance at end of year66 71 79 
Settlement gain — (2)
Net amount recognised66 71 77 
Assumptions
Assumptions used to determine benefit obligations at the end of the year are as follows:
Discount rate10.88 %9.79 %9.14 %
Expected increase in health care costs7.49 %7.23 %6.06 %
Assumed health care cost trend rates at 31 December:
Health care cost trend assumed for next year7.49 %7.23 %6.06 %
Rate to which the cost trend is assumed to decline (the ultimate trend rate)7.49 %7.23 %6.06 %
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 increase — 
Effect on post-retirement benefit obligation – 1% point increase4 
Effect on total service and interest cost – 1% point decrease — — 
Effect on post-retirement benefit obligation – 1% point decrease(4)(4)(4)
During 2022 the company purchased annuities to partly meet its obligations to pay medical aid contributions. Two remaining premiums of $22m are payable on 1 August 2023 and 2024. The annuities are payable monthly and cover 100% of the medical aid contributions payable to retired members. The annuities increase by South African CPI each year.
Reimbursive right for post-retirement benefits
Premiums paid26 
Benefits paid(3)
Interest income1 
Actuarial loss (gain)(12)
Translation 
Balance at end of year12 
The fair value of the right of reimbursement has been determined as the present value of expected future annuity payments payable by the insurer in respect of continuation members, less the present value of outstanding medical aid premium payments payable on 1 August 2023 and 2024. The future annuity payments make appropriate allowance for future increases in line with CPI. The main input used in the valuation model are healthcare cost inflation of 6.2%, demographic assumptions and medical aid contribution increases of 7.49%. This is considered a level 3 fair value input.
Cash flows
Estimated future benefit payments
The following medical benefit payments, which reflect the expected future service, as appropriate, are expected to be paid through purchased annuities:
20238 
20249 
20259 
20268 
20278 
Thereafter29 
F - 67
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
    

Table of Contents



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)





2927    DEFERRED TAXATION
US Dollars
Figures in millions202220212020
Deferred taxation relating to temporary differences is made up as follows:
Liabilities
Tangible assets (owned)430 442 373 
Right-of-use assets52 53 40
Inventories19 13 20 
Other13 22 13 
514 530 446 
Assets
Provisions131 141 122 
Lease liabilities57 56 42 
Tax losses89 23 22 
Other9 21 
286 224 207 
Net deferred taxation liability228 306 239 
Included in the statement of financial position as follows:
Deferred tax assets (1)
72 
Deferred tax liabilities300 313 246 
Net deferred taxation liability228 306 239 
The movement on the net deferred tax balance is as follows:
Balance at beginning of year306 239 136 
Taxation of items included in income statement from continuing and discontinued operations(58)64 53 
Taxation of non-current assets and liabilities included in income statement from discontinued operations — 28 
Taxation on items included in other comprehensive income(14)
Translation(6)(3)16 
Balance at end of year228 306 239 
 US Dollars
Figures in millions2019
 2018
 2017
      
Deferred taxation relating to temporary differences is made up as follows:




Liabilities




Tangible assets (owned)370
 521
 604
Right-of-use assets48
    
Inventories24
 37
 33
Other9
 5
 15

451
 563
 652
Assets




Provisions209
 218
 229
Lease liabilities52
 

 

Tax losses45
 24
 60
Other9
 6
 4

315
 248
 293
Net deferred taxation liability136
 315
 359
Included in the statement of financial position as follows:




Deferred tax assets105
 
 4
Deferred tax liabilities241
 315
 363
Net deferred taxation liability136
 315
 359
The movement on the deferred tax balance is as follows:




Balance at beginning of year315
 359
 492
Taxation of items included in income statement from continuing and discontinued operations(189) (30) (68)
Taxation on items included in other comprehensive income(2) 5
 (6)
Transfer to non-current assets and liabilities held for sale15



(73)
Translation(3) (19) 14
Balance at end of year136
 315
 359
(1)    Deferred tax assets of $72m (2021: $7m; 2020: $7m) were recognised for Obuasi, resulting from generated tax losses to be utilised against future taxable income.
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 groupGroup 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 $444m (2018: $413m; 2017: $384m)$1,393m (2021: $1,800m; 2020: $1,806m). If remitted, the undistributed earnings may be subject to withholding taxes between 0% - 10%.

30    TRADE, OTHER PAYABLES AND PROVISIONS







 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.     
F - 68
(1) Includes accrual for silicosis

Table of $11m in 2019 (2018: $16m; 2017:nil).Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




28    TRADE, OTHER PAYABLES AND PROVISIONS
US Dollars
Figures in millions202220212020
Non-current
Other payables7 
Current
Trade payables391 406 403 
Accruals(1)
279 205 191 
Short-term provisions30 31 30 
Short-term financial liabilities6 — — 
Other payables4 
710 647 627 
Total trade, other payables and provisions717 654 635 
Current trade and other payables are non-interest bearing and are normally settled within 60 days.
31    TAXATION(1)    Includes accrual for silicosis of $12m (2021: $16m; 2020: $12m) and retrenchments of nil (2021: $7m; 2020: nil).
F - 69
 US Dollars
Figures in millions2019
 2018
 2017
      
Balance at beginning of year54
 50
 97
Refunds during the year7
 5
 14
Payments during the year(228) (171) (174)
Taxation of items included in the income statement298
 242
 190
Offset of VAT and other taxes(50) (63) (78)
Transfer from tax receivable relating to North America(10) 
 
Translation(9) (9) 1
Balance at end of year62
 54
 50
Included in the statement of financial position as follows:     
Taxation asset included in trade and other receivables(10) (6) (3)
Taxation liability72
 60
 53
 62

54

50

Table of Contents

32NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)
29    TAXATION
US Dollars
Figures in millions202220212020
Balance at beginning of year(10)139 62 
Refunds during the year32 20 — 
Payments during the year(166)(336)(431)
Taxation of items included in the income statement231 248 562 
Offset of VAT and other taxes(84)(87)(41)
Transfer of Siguiri tax asset to non-current trade and other receivables4 — — 
Withholding tax transferred from (to) trade, other payables and provisions (7)
Discounting of tax receivable — 
Transfer from tax receivable relating to North America — (4)
Translation1 (2)(2)
Balance at end of year8 (10)139 
Included in the statement of financial position as follows:
Taxation asset included in trade, other receivables and other assets(37)(49)(14)
Taxation liability45 39 153 
8 (10)139 

30    CASH GENERATED FROM OPERATIONS
US Dollars
Figures in millions202220212020
Profit (loss) before taxation489 958 1,627 
Adjusted for:
Movement on non-hedge derivatives and other commodity contracts6 — — 
Amortisation of tangible and right of use assets (note 4)632 474 573 
Amortisation of intangible assets (note 4)1 
Finance costs and unwinding of obligations (note 6)149 116 177 
Environmental, rehabilitation, silicosis and other provisions(85)(20)(50)
Impairment and derecognition of assets308 
Profit on sale of assets(8)(22)(2)
Other expenses (income)9 61 51 
Interest income(81)(58)(27)
Share of associates and joint ventures’ (profit) loss (note 7)(166)(249)(278)
Other non-cash movements127 30 30 
Movements in working capital(137)53 (238)
1,244 1,353 1,866 
Movements in working capital:
(Increase) decrease in inventories(54)58 (83)
Increase in trade, other receivables and other assets(149)(49)(163)
Increase in trade, other payables and provisions66 44 
(137)53 (238)

F - 70
 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)

Table of Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

3331    RELATED PARTIES
US Dollars
Figures in millions202220212020
Material related party transactions were as follows (not attributable):
Sales and services rendered to related parties
Associates 11 
Joint ventures — 
Purchases and services acquired from related parties
Associates14 14 20 
Joint ventures — 
Outstanding balances arising from sale of goods and services due by related parties
Associates 11 
Joint ventures — — 
Amounts owed to/due by related parties above are unsecured and non-interest bearing.
Loans advanced to joint ventures and associates
Loans advanced to associates and joint ventures are included in the carrying value of investments in associates and joint ventures (note 17)
 US Dollars
Figures in millions2019
 2018
 2017
      
Material related party transactions were as follows (not attributable):     
      
Sales and services rendered to related parties     
Associates19
 
 
Joint ventures7
 10
 12
      
Purchases and services acquired from related parties     
Associates12
 19
 16
Joint ventures1
 
 3
      
Outstanding balances arising from sale of goods and services due by related parties     
Associates19
 19
 7
Joint ventures1
 
 2
Amounts owed to/due by related parties above are unsecured and non-interest bearing.     
Loans advanced to joint ventures and associates     
      
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 Management team have permanent employment contracts which entitle them to standard group benefits as defined by their specific region and participation in the company’sCompany’s Deferred Share 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 currently continue to include a change in control provision. The change in 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’sCompany’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 in control becoming effective, the executive management team will in certain circumstances be subject to both the notice period and the change in control contract terms. The notice period applied per category of executive and the change in control periods as at 31 December 20192022 were as follows:

Executive Committee memberNotice PeriodChange of control
CEOChief Executive Officer12 months12 months
CFOChief Financial Officer6 months6 months
EXCOOther Executive Management team members6 months6 months





F - 71

Table of Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)







33RELATED PARTIES (continued)
Directors and other key management personnel

Executive Directors’directors’ and Prescribed Officers’prescribed officers’ remuneration

Key management remuneration includes directors and prescribed officers that held office in the current year. For disclosure of the remuneration of key management in the prior year, refer to the disclosure provided in the prior year annual financial statements.
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 2019.2022.


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,awards, 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.

Single total figure of
remuneration
Base SalaryPension scheme benefitsCash in lieu of dividends
Other benefits(2)
Awards earned during the period reflected but not yet settledOther PaymentsSingle total figure of remuneration
ZAR denominated portion
USD/AUD denominated portion(1)
DSP awards(3)
Sign-on
awards
granted
202220212020
ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000
USD '000(12)
USD '000(12)
USD '000(12)
Executive directors
A Calderon— 26,185 6,481 — 162 83,180 — — 116,008 7,089 2,761 — 
KC Ramon(4)
3,052 2,336 430 435 3,524 4,551 — 13,082 27,410 1,675 2,875 3,138 
Total executive directors3,052 28,521 6,911 435 3,686 87,731  13,082 143,418 8,764 5,636 3,138 
Prescribed officers
L Ali(6)
— 7,620 — — 787 20,092 19,111 047,610 2,909 — — 
SD Bailey5,037 2,977 — 225 1,177 20,882 — — 30,298 1,851 1,673 2,019 
I Boninelli(7)
1,507 — — — — — — 1,510 92 605 — 
TJ Briggs(8)
— 5,073 374 — 677 13,060 14,437 — 33,621 2,054 — — 
VA Chamberlain (9)
1,058 225 137 124 18 2,664 — 321 4,547 278 606 — 
L Eybers— 10,986 312 401 814 28,281 — — 40,794 2,493 2,291 2,686 
MC Godoy— 9,821 1,645 — 1,224 25,282 — — 37,972 2,320 2,857 — 
I Kramer(10)
2,167 — 271 — 40 6,899 — 542 9,919 606 598 468 
L Marwick5,310 2,148 713 84 520 19,220 — — 27,995 1,711 1,433 1,241 
Exited prescribed
officers (11)
— — — — — — — —   4,226 8,076 
Total prescribed officers15,079 38,850 3,452 834 5,260 136,380 33,548 863 234,266 14,314 14,289 14,490 
(1)Salary denominated in USD/AUD for global roles and responsibilities converted to ZAR.
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
(2)Other benefits include health care, personal accident cover, life cover, funeral cover, accommodation allowance, pension allowance, airfare and 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 a cash bonus and share awards for the year ended 31 December 2022. The cash bonus is payable in February 2023 and the share awards are allocated in February 2023. Shares vest over either a three- or five-year period in equal tranches.
Notes:
(1)
Salary denominated in USD/AUD for global roles and responsibilities converted to ZAR on payment date.
(2)
Other benefits include health care, group personal accident, disability, funeral cover, accommodation allowance, airfare and 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)
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.
(5)
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.
(6)
(4)KC Ramon retired as Chief Financial Officer and executive director with effect from 30 June 2022. All payments including 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 their retirement dates.
(7)
All 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 $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)benefits were pro-rated and aligned to 30 June 2022. Included in other payments is payment in lieu of unworked notice period from 1 July 2022 to 31 December 2022, as well as a waiver and restraint of trade payments.
(5)KPM Dushniskjy resigned effective 1 September 2020. His single total figure of remuneration for 2022 was nil (2021: $2.8m; 2020: $3.3m)
(6)    L Ali was appointed as Chief People Officer and prescribed officer with effect from 1 April 2022. All payments including salary, DSP awards and other benefits were pro-rated and aligned to the appointment period. The sign-on awards of ZAR19.111m was awarded on appointment date, 1 April 2022, in lieu of forfeited remuneration and shares from previous employer, of which ZAR5.525m will be settled in cash over a period of two years and ZAR13.586m will be settled in shares vesting over a two year period in accordance with the JSE Listing Requirements.
(7)I Boninelli stepped down as Executive Group Human Resources Consultant and prescribed officer effective 31 March 2022. All payments including salary, DSP awards (cash bonus only) and other benefits were pro-rated and aligned to the appointment period.
(8)    TJ Briggs was appointed as Chief Development Officer and prescribed officer with effect from 1 April 2022. All payments, including pension and other benefits, were pro-rated to the appointment period for 2022. Included in the DSP awards is the DSP cash bonus and share award, pro-rated to align to the period. The sign-on awards of ZAR14.437m was awarded on appointment date, 1 April 2022, in lieu of shares forfeited from previous employer and will be settled in shares vesting over a three year period in accordance with the JSE Listing Requirements.
(9)VA Chamberlain stepped down as Interim Chief Development Officer and prescribed officer effective 31 March 2022. All payments, including salary, pension and other benefits, were pro-rated and aligned to the appointment period. The DSP awards (cash bonus only) were pro-rated and paid for the period until his retirement effective 31 October 2022 and were calculated based on his Senior Vice President salary and target bonus opportunity. Other payments reflect the acting allowance for the acting period from 1 January to 31 March 2022.
(10)    I Kramer was appointed as Interim Chief Financial Officer and prescribed officer from 1 July 2022 to 31 December 2022. All salary payments, including pension and other benefits, were pro-rated aligned to the acting period for 2022. Included in the DSP awards is the DSP cash bonus and share award for the full year of 2022 (DSP awards were not pro-rated but were calculated based on his normal Senior Vice President salary plus 6 months acting allowance on the Senior Vice President target bonus opportunity). Other payments reflect the acting allowance for the acting period from 1 July to 31 December 2022.
(11)    Exited prescribed officers include PD Chenard, who retired 31 January 2021, GJ Ehm, who retired 31 December 2021, S Ntuli, who separated from the Company due to the reconfigured Operating Model effective 31 December 2021, and TR Sibisi, who resigned effective 30 September 2021.
(12)Convenience conversion to USD at the year-to-date average exchange rate of $1: R16.3655 (2021: $1:R14.7842; 2020: $1:R16.4506).
F - 72



33RELATED PARTIES (continued)
Directors and other key management personnel (continued)CONTINUED
Total cash equivalent received reconciliationSingle total figure of remunerationAwards earned during the period reflected but not yet settledDSP 2020 cash portion settledBSP, CIP, DSP and LTIP share awards settledSign-on shares settledTotal cash equivalent received reconciliation
DSP awards(1)
Sign-on
awards
granted
Grant fair value(2)
Market movement since grant date(2)
Vesting fair value(2)
Grant fair value(2)
Market movement since grant date(2)
Vesting fair value(2)
202220212020
ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000ZAR '000
USD '000(3)
USD '000(3)
USD '000(3)
Executive directors
A Calderon116,008 (83,180)— 7,557 — — — — — — 40,385 2,468 1,375 — 
KC Ramon27,410 (4,551)— 9,951 12,666 3,174 15,840 — — — 48,650 2,973 2,329 4,278 
Total executive directors143,418 (87,731) 17,508 12,666 3,174 15,840    89,035 5,441 3,704 4,278 
Prescribed officers
L Ali47,610 (20,092)(19,111)— — — — 6,246 (1,377)4,869 13,276 811 — — 
SD Bailey30,298 (20,882)— 4,965 7,101 1,376 8,477 — — — 22,858 1,397 1,365 1,508 
I Boninelli1,510 — — 4,091 — — — — — — 5,601 342 328 — 
TJ Briggs33,621 (13,060)(14,437)— — — — — — — 6,124 374 — — 
VA Chamberlain4,547 — — 2,944 7,908 (147)7,761 — — — 15,252 932 288 — 
L Eybers40,794 (28,281)— 6,516 11,177 2,776 13,953 — — — 32,982 2,015 2,039 3,756 
MC Godoy37,972 (25,282)— 1,594 — — — 13,720 4,400 18,120 32,404 1,980 471 — 
I Kramer9,919 (6,899)— 2,184 2,196 205 2,401 — — — 7,605 465 536 98 
L Marwick27,995 (19,220)— 4,273 3,151 364 3,515 — — — 16,563 1,012 948 231 
Exited prescribed officers— — — — — — — — — —   7,922 10,744 
Total prescribed officers234,266 (133,716)(33,548)26,567 31,533 4,574 36,107 19,966 3,023 22,989 152,665 9,328 13,897 16,337 

Notes

(1)The fair value of the DSP comprises of a cash bonus and share awards for the year ended 31 December 2022. The cash bonus is payable in February 2023 and the share awards are allocated in February 2023. Shares vest over a 3- to 5- year period in equal tranches.
(2)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 DSP 2019, DSP 2020, DSP 2021 and vested sign-on share awards and difference in the currency movements for the vested sign-on cash settled award.
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
                 

Prescribed officers                  
SD Bailey31,640
(18,087)(5,917)
2,613
4,066
724
4,789






15,038
1,041


CE Carter10,592



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 Ehm68,492
(25,329)(33,064)
7,113
19,622
(198)19,424






36,636
2,536
1,751
1,758
L Eybers67,296
(25,054)(29,160)
6,701
7,463
2,825
10,289






30,072
2,082
1,233
1,101
DC Noko2,509



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 Perez55,874
(20,567)(26,447)
5,864
18,839
1,460
20,299






35,023
2,425
1,399
1,350
CB Sheppard2,846



6,186
25,446
4,338
29,783






38,815
2,687
1,146
887
TR Sibisi50,761
(19,638)(22,713)
5,495
17,709
876
18,585






32,490
2,249
886
674
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
(3)Convenience conversion to USD at the year-to-date average exchange rate of $1:R16.3655 (2021: $1:R14.7842; 2020: $1:R16.4506).


Notes:
(1)
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.
(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 2017 and 2018, vested CIP 2017 and 2018 vested sign-on share awards and 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
Sign-on share awards
Balance at
1 January 2022
GrantedVested deemed settled
Balance at
31 December 2022
 Fair value of granted awards(1)
 Fair value of vested awards(2)
Fair value of unvested awards at
31 December 2022(3)
ZAR '000ZAR '000ZAR '000
Prescribed officers
L Ali 44,233 20,337 23,896 13,586 4,869 7,867 
TJ Briggs 47,004 — 47,004 14,437 — 15,475 
M Godoy107,353 — 48,309 59,044 — 18,120 19,439 
Total prescribed officers107,353 91,237 68,646 129,944 28,023 22,989 42,781 
Other management (4)
4,553  2,500 2,053  631 676 
Total sign-on share awards111,906 91,237 71,146 131,997 28,023 23,620 43,457 
(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- to 3-year period in equal tranches in accordance with the JSE Listings Requirements.
(2)    The fair value of vested awards represent the value received on settlement date.
(3)The fair value of unvested awards is calculated using the closing share price as at 31 December.
(4)    The awards for other management for the 2021 comparatives include awards for Mr PD Chenard who retired as a prescribed officer on 31 January 2021.
F - 73


 
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 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)

CONTINUED
DSP awards

Balance at
1 January 2022
GrantedVested, deemed settledForfeited/ Lapsed
Balance at
31 December 2022
 Fair value of granted awards(1)
 Fair value of vested awards(2)
Fair value of unvested awards at
31 December 2022(3)
ZAR '000ZAR '000ZAR '000
Executive directors
A Calderon 41,601   41,601 13,938  13,696 
KC Ramon183,487 58,442 46,383  195,546 19,580 15,840 64,380 
Total executive directors183,487 100,043 46,383  237,147 33,518 15,840 78,076 
Prescribed officers
SD Bailey90,037 33,127 24,712  98,452 11,099 8,477 32,413 
VA Chamberlain(4)
27,159 12,986 26,547 13,598  4,351 7,761  
L Eybers162,348 43,252 40,818  164,782 14,491 13,953 54,251 
MC Godoy 10,180   10,180 3,411  3,352 
I Kramer17,824 9,776 6,942  20,658 3,275 2,401 6,801 
L Marwick41,821 28,814 10,043  60,592 9,654 3,515 19,949 
Total prescribed officers339,189 138,135 109,062 13,598 354,664 46,281 36,107 116,766 
Other management(5)
1,581,013 555,777 788,105 150,099 1,198,586 186,208 234,197 394,610 
Total DSP awards2,103,689 793,955 943,550 163,697 1,790,397 266,007 286,144 589,452 
Subsequent(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 year end and upgrant date, 24 February 2022.
(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)    Share awards lapsed due to retirement.
(5)    The awards for other management for the 2021 comparative period include awards for Mr PD Chenard, who retired 31 January 2021, Mr GH Ehm, who retired 31 December 2021, Mr S Ntuli, who separated from the Company due to the date of this report, the following DSP awards were granted to executive directorsreconfigured Operating Model effective 31 December 2021, and prescribed officers:Ms TR Sibisi, who resigned effective 30 September 2021.
 
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 remunerationDirectors’ fees and allowances
For 2022 the non-executive directors elected not to receive a fee increase to align with the executive and senior management teams who did not receive a salary increase due to the Company reorganisation.

The table below details the fees and allowancespayable to non-executive directors during the year as approved by shareholders:
Figures in thousandsFigures in thousands
Director fees(1)
Committee feesTravel allowanceTotalTotalTotal
US Dollars202220212020
MDC Ramos (Chairperson)308,800 56,000 8,750 373,550 451 202 
R Gasant (Lead independent director)166,700 104,500 10,000 281,200 296 223 
KOF Busia125,900 86,500 26,250 238,650 240 103 
AM Ferguson125,900 89,000 33,750 248,650 255 197 
AH Garner125,900 50,500 13,750 190,150 202 174 
SP Lawson125,900 50,500 18,750 195,150 — — 
NVB Magubane (2)
95,300 30,000 8,750 134,050 178 171 
MDC Richter125,900 85,500 18,750 230,150 250 209 
JE Tilk125,900 110,000 23,750 259,650 279 206 
Total fees for 20221,326,200 662,500 162,500 2,151,200 2,151 1,485 
(1)    Includes the annual base fee paid to Non-Executive Directors:NEDs as well as fees paid for special board meetings.

(2)    NVB Magubane passed away on 30 October 2022. The amounts include fees paid up to the last working day.
Non-Executive Directors’ fees and allowances
     
Figures in thousands(1)

Figures in thousands(1)

 Director fees
Committee fees
Travel allowance
Total
Total
Total
US Dollars(1)
2019  2019
2018
2017
SM Pityana (Chairman)303,000
73,750
10,000
386,750
441
372
AH Garner123,500
37,000
35,000
195,500
200
201
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
6,250
185,750
198
180
R Gasant123,500
63,500
6,250
193,250
229
182
RJ Ruston123,500
56,000
38,750
218,250
261
212
Total Fees For 20191,304,500
521,750
246,250
2,072,500
2,053
1,748

(1)
Directors' compensation is disclosed in US dollars.
(2)
Director's travel allowance includes travel for site induction.
(3)
Directors resigned effective 9 May 2019.
(4)
Director joined on 1 June 2019.


Non-Executive Directors do not hold service contracts with the company.Company. Executive Directors do not receive payment of directors’ fees or committee fees.

F - 74



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)








33     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 companyCompany at 31 December, which individually did not exceed 1% of the company’sCompany’s issued ordinary share capital, were:
31 December 2022
Beneficial holding
31 December 2021
Beneficial holding
31 December 2020
Beneficial holding
US DollarsDirectIndirectDirectIndirectDirectIndirect
Non-Executive directors
KOF Busia(1)
2,0002,000
AM Ferguson(1)
5,0005,000
MDC Richter(1)
10,3001,00010,3009,300
AH Garner(1)
22,50017,50017,500
J Tilk(1)
2,800
S Lawson(1)
2,830
Total45,4301,00034,80026,800
Executive directors
A Calderon (1)(2)
26,3704,690
KC Ramon
Total26,3704,690
Prescribed officers
SD Bailey (1)
13,03912,8678,609
L Eybers (2)
28,46628,46628,466
MC Godoy (1)
32,643
I Kramer376
Total74,52441,33337,075
Grand total146,3241,00080,82363,875
(1)Held on the New York stock exchange as American Depositary Shares (ADSs) (1 ADS is equivalent to 1 ordinary share)
 
31 December 2019
Beneficial holding
 
31 December 2018
Beneficial holding
 
31 December 2017
Beneficial holding
 
 Direct
Indirect
Direct
Indirect
Direct
Indirect
Non-Executive directors      
SM Pityana2,990

2,990

2,990

MDC Richter(1)
9,300

9,300

7,300

AH Garner(1)
17,500

17,500

7,500

RJ Ruston(2)

1,000

1,000

1,000
Total29,790
1,000
29,790
1,000
17,790
1,000
Executive directors      
KPM Dushnisky (1)
131,730

50,000



KC Ramon59,124

51,062

28,265

Total190,854

101,062

28,265

Company Secretary      
ME Sanz Perez31,815
16,368
26,204
16,368
13,994
16,368
Total31,815
16,368
26,204
16,368
13,994
16,368
Prescribed officers      
SD Bailey(1)
1,190





GJ Ehm(2)
35,058
16,213
35,058
16,213
30,319
16,213
L Eybers18,164

17,207

4,812

TR Sibisi13,283

9,914

4,085

Total67,695
16,213
62,179
16,213
39,216
16,213
Grand total320,154
33,581
219,235
33,581
99,265
33,581
(2)Held on the Australian securities exchange as CHESS Depositary Receipts (5 CDIs are equivalent to 1 ordinary share)

(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’sCompany’s registered and corporate office.









NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)






33     RELATED PARTIES (continued)

Directors’ and Prescribed Officers’ interests in AngloGold Ashanti shares (continued)

ChangesThere were no changes in Directors' and Prescribed Officers' interests in AngloGold Ashanti shares, excluding options and awards granted in terms of the group’s BSP and LTIP schemes, afterGroup's DSP scheme, subsequent to 31 December 2019 include:2022.


F - 75
Date of
transaction
Type of transactionNumber of sharesDirect/Indirect beneficial holding
Executive Directors
KPM Dushnisky26 February 2020On-market purchase in respect of the sign-on award87,939Direct
26 February 2020On-market sale of ordinary shares to settle tax costs47,488Direct
KC Ramon27 February 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan8,475Direct
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 costs24,027Direct
Company Secretary
ME Sanz Perez27 February 2020On-market purchase of ordinary shares pursuant to the AngloGold Ashanti Co-Investment Plan5,742Direct
28 February 2020On-market sale of ordinary shares to settle tax costs2,613Direct
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 Plan6,590Direct
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 Plan3,120Direct
On-market sale of ordinary shares to settle tax costs1,420Direct

Table of Contents





NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)








3432    CONTRACTUAL COMMITMENTS AND CONTINGENCIES

US Dollars
Figures in millions202220212020
Capital commitments
Acquisition of tangible assets
Contracted for178 146 120 
Not contracted for259 547 367 
Authorised by the directors437 693 487 
Allocated to:
Project capital
- within one year155 337 216 
- thereafter39 64 71 
194 401 287 
Stay-in-business capital
- within one year243 292 200 
243 292 200 
Share of underlying capital commitments of joint ventures included above 12 
Purchase obligations
Contracted for
- within one year436 423 391 
- thereafter575 624 882 
1,011 1,047 1,273 
  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

(1) Includes $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 groupGroup 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’sGroup'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 groupGroup believes that sufficient measures are in place to ensure that these facilities can be refinanced.


Contingencies
Litigation claims

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. 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. As plaintiffs in these matters have not actively pursued litigation, AGAG is taking steps to have these matters dismissed 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.



F - 76

 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
Table of Contents





NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


32    Contractual commitments and contingencies (continued)

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. 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. 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 material 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 defendants filed two motions for summary judgement with the Court, 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 ordered the case to be closed. Newmont Mining Co. has 30 days from the date of the order to file an appeal to the Court's decision.

Tax claims


For a discussion on tax claims and tax uncertainties refer to note 12.10.

F - 77
Other

Table of Contents

(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.

(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


3533FINANCIAL RISK MANAGEMENT ACTIVITIES


In the normal course of its operations, the groupGroup 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 groupGroup may enter into transactions which make use of both on- and off-balance sheet derivatives. The groupGroup does not acquire, hold or issue derivatives for speculative purposes. The groupGroup 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 groupGroup


Risk management activities within the groupGroup 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’sGroup’s counterparties.


The financial risk management objectives of the groupGroup are defined as follows:
safeguarding the group’sGroup’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 groupGroup 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 groupGroup has transactional foreign exchange exposures, which arise from sales or purchases by an operating unit in currencies other than the unit’sunit's functional currency. The gold market is predominantlypredominately priced in US dollars which exposes the groupGroup to the risk thatof 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-productrates.


Other commodity price risk.risk

Net open hedge position as at 31 December 2019


The group had no outstanding commitmentsGroup makes use of derivative financial instruments to mitigate price movements on crude oil purchases. In July 2022, AngloGold Ashanti entered into forward agreements for a total of 999,000 barrels of Brent crude oil for the period January 2023 to December 2023 that will be cash settled on a monthly basis against future production potentially settled in cash.the contract price. The average price achieved on the forward contracts is $89.20 per barrel.




Interest rate and liquidity risk


The groupGroup manages liquidity risk by ensuring that there isit has sufficient committed borrowing and banking facilities after taking into consideration the actual and forecast cash flows, in order to meet the group'sGroup's short, medium and long term funding and liquidity management requirements.


In the ordinary course of business, the groupGroup 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 groupGroup is able to actively source financing at competitive rates. The counterpartiescounter parties are financial and banking institutions and their credit ratings are regularly monitored.


The groupGroup has sufficient undrawn borrowing facilities available to fund its working capital and capital requirements (notes 2624 and 36)34).

F - 78

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


33    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)

The following are the contractual maturities of financial liabilities, including interest payments:payments, are as follows:


Financial liabilities
Within one yearBetween
one and two
years
Between
two and five years
After five yearsTotal
2022$ millionsEffective
rate %
$ millionsEffective
rate %
$ millionsEffective
rate %
$ millionsEffective
rate %
$ millions
Trade and other payables (1)
680  7  687 
Bank overdraft2 2 
Borrowings102 249 326 2,098 2,775 
- In USD88 4.6 150 4.6 284 4.2 2,098 4.1 2,620 
 - AUD in USD equivalent2 4.5 2 4.5 42 4.5 46 
- TZS in USD equivalent12 12.5 97 12.5  109 
2021
Trade and other payables616 — — 623 
Borrowings119 115 332 2,169 2,735 
- In USD113 4.3 76 4.2 280 4.1 2,169 4.1 2,638 
- AUD in USD equivalent— 1.5 33 1.5 — — — — 33 
- TZS in USD equivalent12.5 12.5 52 12.5 — — 64 
2020
Trade and other payables597 — — 605 
Borrowings205 901 137 1,414 2,657 
- In USD158 5.0 901 5.0 137 4.6 1,414 4.6 2,610 
- TZS in USD equivalent47 12.5 — — — — — — 47 
  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                 
Trade and other payables 615
   
   
   
   615
Borrowings 137
   343
   1,912
   695
   3,087
- In USD 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
- ZAR in USD equivalent 23
 8.9 24
 8.9 244
 9.1 16
 15.5 307

With the implementation(1) Includes an unrealised loss of IFRS 16 effective 1 January 2019 the finance lease liabilities historically$6m on oil forward contracts, which is included in borrowings have been reallocated to lease liabilities. loss on non-hedge derivatives and other commodity contracts in the income statement and in trade, other payables and provisions in the statement of financial position.

The table below provides a breakdown of the contractual maturities including interest payments of the lease liabilities.
Within one yearBetween one and two yearsBetween two and five yearsAfter five yearsTotal
2022$ millions$ millions$ millions$ millions$ millions
Lease liabilities79 63 59 2 203 
  - In USD39 28 12  79 
  - AUD in USD equivalent24 21 36 2 83 
  - BRL in USD equivalent15 13 9  37 
  - ZAR in USD equivalent1 1 2  4 
2021
Lease liabilities68 50 74 10 202 
  - In USD32 19 13 — 64 
  - AUD in USD equivalent24 23 51 10 108 
  - BRL in USD equivalent10 — 23 
  - ZAR in USD equivalent— 
2020
Lease liabilities42 31 68 19 160 
- In USD10 — 20 
- AUD in USD equivalent22 21 58 19 120 
- BRL in USD equivalent— 16 
- ZAR in USD equivalent— — 








F - 79

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

33FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)
  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
The table below provides a breakdown of the effective borrowing rate per currency for lease liabilities:

202220212020
USD3.1%2.3%6.1%
AUD4.3%4.6%4.7%
BRL14.7%11.0%8.4%
ZAR5.2%5.9%9.8%
The Group weighted average incremental borrowing rate at the end of 31 December 2022 is 5.7%  ( 2021: 4.6%, 2020: 5.4%).

Credit risk


Credit risk arises from the risk that a counterparty may default or not meet its obligations timeously. The groupGroup 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 groupGroup is as follows:
US Dollars
Figures in millions202220212020
Other unlisted investments1 
Trade and other receivables41 87 95 
Cash restricted for use (note 21)60 58 73 
Cash and cash equivalents (note 22)1,108 1,154 1,330 
Total financial assets1,210 1,300 1,500 
  US Dollars
Figures in millions 2019
 2018
 2017
       
Other investments (1)
 67
 59
 58
Trade and other receivables 57
 41
 33
Cash restricted for use (note 23) 64
 66
 65
Cash and cash equivalents (note 24) 456
 329
 205
Total financial assets 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 $15m (2018: $6m; 2017: $10m). Other investments that are impaired totalled $1m (2018: nil; 2017: $3m)$12m (2021: $18m; 2020: $12m).


Trade receivables which are recognised on settlement mainly comprise banking institutions purchasing gold bullion. Normalbullion and normal market settlement terms are two working days.days, therefore expected credit losses are not expected to be material.


The groupGroup does not generally obtain collateral or other security to support financial instruments subject to credit risk, but monitors the credit standing of counterparties.


The maximum exposure to credit risk for all other financial instruments are approximated by their carrying values.

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’sGroup’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
Figures in millions - US Dollars202220212020
Financial assets
Other investments
3 3 117 117 188 188 
Financial liabilities
Borrowings (note 24)1,983 1,826 1,909 2,011 1,931 2,131 
  
Carrying
amount

 
Fair
value

 
Carrying
amount

 
Fair
value

 
Carrying
amount

 
Fair
value

US Dollar millions 2019 2018 2017
Financial assets            
Other investments (1) 
 170
 170
 147
 147
 138
 140
Financial liabilities            
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, bank overdrafts, trade, other receivables and other receivablesassets and trade and other payables
The carrying amounts approximate fair value due to their short term nature.


F - 80

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

33FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)
Other Investments and other non-current assets
Listed equity investments classified as FVTOCI and FVTPL are carried at fair value in level 1 of the fair value hierarchy while fixed incomeand unlisted investments and other non-current assetsclassified as FVTPL are carried at amortised cost.fair value in level 3 of the fair value hierarchy.


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 resetset on a short-term floating rate basis, and accordingly the carrying amount is considered to approximate fair value.value and carried at level 2 in the fair value hierarchy.


Fair value hierarchy
The groupGroup uses the following hierarchy for determining and disclosing the fair value of financial instruments:
Level 1:
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).


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
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)Level 3:    inputs for the asset or liability that are not based on observable market data (unobservable inputs).

33    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)


The following table sets out the group’sGroup’s financial assetsinstruments measured at fair value by level within the fair value hierarchy as at 31 December:


Type of instrument
Figures in millions - US DollarsLevel 1Level 2Level 3Total
Assets measured at fair value on a recurring basis2022
Equity securities - FVTOCI2   2 
Deferred compensation asset  12 12 
2021
Deferred compensation asset— — 25 25 
Equity securities - FVTOCI116 — — 116 
2020
Equity securities - FVTOCI186— — 186
Deferred compensation asset— — 28 28 
Liabilities measured at fair value on a recurring basis2022
Oil derivative contract— — 
Assets measured at fair value on a recurring basis
Level 3 financial assets
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

(1) Included in equity securities - FVTPL are amounts transferred to held for sale.

Environmental obligations

Pursuant to environmental regulations inThe two components of 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 operationdeferred compensation assets relating 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 Australia, since 2014, the group has paid an amount of AUD $6.8m into a Mine Rehabilitation Fund for a current carrying value of the liability of AUD $137.9m. At Iduapriem the group has provided a bond comprised of a cash component of $9.99m with a further bond guarantee amounting to $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 $46.3m. At Obuasi the group has provided a bond comprised of a cash component of $20.6m with a further bank guarantee amounting to $30m issued by Nedbank Limited for a current carrying value of the liability of $186.3m. In some circumstances, the group may be required to post further bonds in future years, which will result 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 partsale of the South African disposal groupproducing assets and haverelated liabilities to Harmony are calculated as follows:
a.$260 per ounce payable on all underground production sourced within the West Wits mineral rights (comprising the Mponeng, Savuka and TauTona mines) in excess of 250,000 ounces per annum for 6 years commencing 1 January 2021. Using a probability weighted calculation of unobservable market data and estimated with reference to expected underlying discounted cash flows a deferred compensation asset of $12m is recognised in the statement of financial position as at 31 December 2022.

b. $20 per ounce payable on underground production sourced within the West Wits mineral rights (comprising the Mponeng, Savuka and TauTona mines) below the datum of current infrastructure. At transaction date this constituted 8.53 million ounces of Mineral Reserve. The consideration is dependent on Harmony developing below infrastructure. The performance of this obligation is outside the influence of AngloGold Ashanti as it depends on Harmony’s future investment decisions. Under the conditions prevailing as at 31 December 2022, no portion of deferred compensation below infrastructure has been transferred to held for sale. Refer to note 9.included in the deferred compensation asset.

F - 81

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NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


33    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)

Reconciliation of the deferred compensation asset

A reconciliation of the deferred compensation asset included in the statement of financial position is set out in the following table:
Figures in millions - US Dollars20222021
Opening balance25 28 
Unwinding of the deferred compensation asset1 
Changes in estimates - fair value adjustments (1)
(13)(3)
Translation(1)(2)
Closing balance (2)
12 25 
(1) Included in the Income statement in foreign exchange and fair value adjustments
(2) Included in the Statement of financial position in non-current trade, other receivables and other assets    
Sensitivity analysis
The table below illustrates the impact on the fair value of the deferred compensation asset resulting from an increase / decrease in production estimates over the remaining period used in the weighted probability calculation.
Percentage
change in
number of
ounces
Change in
deferred
compensation
asset
$m
Percentage
change in
number of
ounces
Change in
deferred
compensation
asset
$m
20222021
Effect of changes in assumptions
Increase in number of ounces+10%+10%
Decrease in number of ounces-10%(1)-10%(3)
The sensitivity on the weighted number of ounces included within the weighted probability calculation has been based on the range of possible outcomes expected from Harmony’s mining plans, which could differ from the actual mining plans followed by Harmony.

Level 2 financial liabilities

The fair values of the oil forward rate contracts are determined by using using a valuation model based on the Black-Scholes-Merton option pricing model with the key inputs being forward and spot prices, the number of outstanding barrels of oil on open contracts, risk free rate and volatilities.

Sensitivity analysis
Interest rate risk on other financial assets and liabilities (excluding derivatives)
The groupGroup 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

  2019
Financial assets      
USD denominated 100
 1
 1
AUD denominated 150
 1
 1
Financial liabilities      
TZS denominated 250
 2,704
 1
ZAR denominated(2)
 150
 15
 1
USD denominated 100
 1
 1
       

The expected impact on the Group's profit or loss and equity is fairly reflected within the "Change in interest" amount.
F - 82

  
Change in interest
rate
basis points

 
Change in interest
amount
in currency
millions

 
Change in interest
amount
US dollar
millions

  2018
Financial assets      
USD denominated 100
 1
 1
AUD denominated 150
 1
 1
BRL denominated 250
 2
 1
Financial liabilities      
TZS denominated 250
 1,680
 1
ZAR denominated(2)
 150
 14
 1
USD denominated 100
 1
 1
Table of Contents

  
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.
(2) This is the only interest rate risk for the company.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


33    Financial risk management activities (continued)

35FINANCIAL RISK MANAGEMENT ACTIVITIES (continued)

Change in interest
rate
basis points
Change in interest
amount
in currency
millions
Change in interest
amount
US dollar
millions
2022
Financial assets
USD denominated1005 5 
AUD denominated1501 1 
Financial liabilities
TZS denominated2505,128 2 
AUD denominated1501 1 
USD denominated1001 1 
Change in interest
rate
basis points
Change in interest
amount
in currency
millions
Change in interest
amount
US dollar
millions
2021
Financial assets
USD denominated100
AUD denominated150
CAD denominated100
Financial liabilities
TZS denominated2502,692 
AUD denominated150
USD denominated100
Change in interest
rate
basis points
Change in interest
amount
in currency
millions
Change in interest
amount
US dollar
millions
2020
Financial assets
USD denominated100
AUD denominated150
ARS denominated250121 
Financial liabilities
TZS denominated2502,730 
USD denominated100




F - 83

Table of Contents
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)

33FINANCIAL 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
US$ MillionUS$ MillionUS$ Million
202220212020
Borrowings
TZS denominated (TZS/$)Spot (+TZS250)(9)Spot (+TZS250)(5)Spot (+TZS250)(5)
AUD denominated (AUD/$)Spot (+AUD0.1)(2)Spot (+AUD0.1)(2)Spot (+AUD0.1)— 
TZS denominated (TZS/$)Spot (-TZS(250))11 Spot (-TZS(250))Spot (-TZS(250))6
AUD denominated (AUD/$)Spot (-AUD(0.1))2 Spot (-AUD(0.1))Spot (-AUD(0.1))— 
  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
  2019 2018 2017
Borrowings            
ZAR denominated (R/$) Spot (+R1.50) (7) Spot (+R1.50) (7) Spot (+R1.50) (26)
TZS denominated (TZS/$) Spot (+TZS250) (5) Spot (+TZS250) (3)    
AUD denominated (AUD/$) Spot (+AUD0.1) (1) Spot (+AUD0.1) (3) Spot (+AUD0.1) (16)
ZAR denominated (R/$) 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) 1
 Spot (-AUD0.1) 4
 Spot (-AUD0.1) 19


The borrowings totalfollowing table discloses the approximate foreign exchange risk sensitivities of cash and cash equivalents at 31 December (actual changes in the denominated currency will not be influenced by a movement in its exchange rate.timing and amount of the following variables may differ from the assumed changes below).

Change in exchange rate
Change in cash and cash equivalents total
$ millions
Change in exchange rateChange in cash and cash equivalents total
$ millions
Change in exchange rateChange in cash and cash equivalents total
$ millions
202220212020
Cash and cash equivalents
ZAR denominated (R/$)Spot (+ZAR1.50)9 Spot (+ZAR1.50)Spot (+ZAR1.50)20 
AUD denominated (AUD/$)Spot (+AUD0.1)2 Spot (+AUD0.1)Spot (+AUD0.1)
ARS denominated (ARS/$)Spot(+ARS10)7 Spot(+ARS10)14 Spot(+ARS10)20 
CAD denominated (CAD/$)Spot(+CAD0.1) Spot(+CAD0.1)24Spot(+CAD0.1)0
ZAR denominated (R/$)Spot (-ZAR1.50)(7)Spot (-ZAR1.50)(7)Spot (-ZAR1.50)(17)
AUD denominated (AUD/$)Spot (-AUD0.1)(2)Spot (-AUD0.1)(4)Spot (-AUD0.1)(3)
ARS denominated (ARS/$)Spot(-ARS(10))(6)Spot(-ARS(10))(11)Spot(-ARS(10))(16)
CAD denominated (CAD/$)Spot(-CAD0.1) Spot(-CAD0.1)(21)Spot(-CAD0.1)— 
F - 84

Table of Contents


NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)







3634    CAPITAL MANAGEMENT


The primary objective of managing the group'sGroup's capital is to ensure that there is sufficient capital available to support the funding requirements of the group,Group, including capital expenditure, in a way that optimises the cost of capital, maximises shareholders' returns and ensures that the groupGroup remains in a sound financial position.


The capital structure of the groupGroup consists of net debt (borrowings as detailed in note 26,24, offset by cash and bank balances detailed in note 24)22) and equity of the groupGroup (comprising share capital and premium and accumulated reserves and non-controlling interests).


The groupGroup 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 groupGroup manages capital using various financial metrics including the ratio of Adjusted net debt to Adjusted EBITDA (gearing). Both the calculation of Adjusted net debt and Adjusted EBITDA are based on the formula included in the Revolving Credit Agreements. The loan covenant ratio of Adjusted net debt to Adjusted EBITDA should not exceed 3.5 times. The facilityfacilities also makesmake provision for the ability of the groupGroup 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.facilities.


The groupGroup had no major issuance of equity during the year.


During January 2019 the $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 a US dollar and Tanzanian Shilling facility. 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 $45m with interest charged at a margin of 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 LIBOR, subject to a ratings grid and is US dollar-based.
A full analysis of the borrowings as presented on the statement of financial position inis included in note 26. In addition, the following details are also relevant to the borrowings at 31 December 2019:24.


The $750m,$300m, $700m and $300m$750m rated bonds are fully and unconditionally guaranteed by AngloGold Ashanti Limited.

During June 2022, the group.Group entered into a new five-year unsecured multi-currency syndicated revolving credit facility of $1.4bn with a group of banks. The loan consists of a US dollar-based facility with interest charged at a margin of 1.45% above SOFR plus a credit adjustment spread and an Australian dollar-based facility capped at A$500m with interest charged at a margin of 1.45% above BBSY. The applicable margin is subject to a ratings grid. This facility replaces the $1.4bn multi-currency RCF which was cancelled during June 2022. This facility will mature on 9 June 2027, with the option, upon application, to be extended by two years.


During October 2022 the Group entered into a new three-year unsecured $65m Siguiri revolving credit facility. The facility bears interest at 8% above term SOFR, subject to a ratings grid and is US dollar based. This facility replaces the 2016 $65m Siguiri revolving credit facility that was cancelled and repaid during August 2022.

The interest margin on the five-year unsecured multi-currency syndicated revolving credit facility of $1.4bn with a group of banks will reduce should the group’sGroup’s credit rating improve from its current BB+/Baa3 status and should increase if its credit rating worsens. The A$500m portion of this facility will be used to fund the working capital and development costs associated with the group'sGroup's mining operations within Australia without eroding the group'sGroup's headroom under its other facilities and exposing the groupGroup to foreign exchange gains/losses each quarter.losses.


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 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 dollarsdollar at year end exchange rates.

F - 85

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)


3634    Capital Management (continued)


Gearing ratio (Adjusted Net debt to Adjusted EBITDA)
US Dollars
Figures in millions202220212020
Restated
Adjusted net debt from continuing operations
Borrowings - non-current portion (note 24)1,965 1,858 1,789 
Lease liabilities - non-current portion (note 14)102 124 116 
Borrowings - current portion (note 24)18 51 142 
Lease liabilities - current portion (note 14)84 61 37 
Total borrowings2,169 2,094 2,084 
Less: cash and cash equivalents (1) (note 22)
(1,106)(1,154)(1,330)
Net debt1,063 940 754 
Adjustments:
IFRS16 lease adjustments(158)(149)(106)
Unamortised portion of borrowing costs33 32 22 
Cash restricted for use (note 21)(60)(58)(73)
Adjusted net debt878 765 597 
(1) Net of bank overdraft in 2022.
The Adjusted EBITDA calculation included in this note is based on the formula included in the agreements for compliance with the debt covenant formulas.
Adjusted EBITDA from continuing operations
Profit (loss) before taxation489 958 1,627 
Add back:
Finance costs and unwinding of obligations (note 6)149 116 177 
Interest income(81)(58)(27)
Amortisation of tangible, intangible and right of use assets (note 4)633 477 575 
Other amortisation(3)
Associates and joint ventures’ adjustments for amortisation, interest and taxation165 183 168 
EBITDA1,352 1,680 2,526 
Adjustments:
Foreign exchange and fair value adjustments128 43 — 
Dividend income — (2)
Retrenchment and related costs6 20 
Care and maintenance costs (note 5) 45 — 
Impairment, derecognition of assets and (profit) loss on disposal304 (11)
Profit on disposal of joint ventures — (19)
Premium on settlement of bonds 24 — 
Loss (gain) on non-hedge derivatives and other commodity contracts6 — 
Associates and joint ventures’ share of costs1 — — 
Adjusted EBITDA (as defined in the agreements)1,797 1,801 2,513 
Gearing ratio (Adjusted net debt to Adjusted EBITDA)0.49:10.42:10.24:1
Maximum debt covenant ratio allowed per agreement3.5:13.5:13.5:1

F - 86
 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

Table of Contents

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)
37    

35    SUBSEQUENT EVENTS


Sale of South African assets:Dividend declaration - On 1222 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. Refer to note 9.

Dividend declaration: On 21 February 2020,2023, the directors of AngloGold Ashanti declared a gross cash dividend per ordinary share of 165322 South African cents (assuming an exchange rate of ZAR 15/17.53/$, the gross dividend payable per ADS is equivalent to ~1118 US cents).


COVID-19 pandemic: AtAngloGold Ashanti and Gold Fields Propose Joint Arrangement in Ghana - Gold Fields and AngloGold Ashanti (the Parties) have agreed the datekey terms of approvala proposed joint venture in Ghana between Gold Fields’ Tarkwa and AngloGold Ashanti’s neighbouring Iduapriem Mines (the Proposed Joint Venture).

The Tarkwa Mine is held by Gold Fields Ghana, in which Gold Fields currently owns a 90% share and the Government of these consolidated annual financial statements,Ghana (the GoG) holds 10%. The Iduapriem Mine is currently 100% owned by AngloGold Ashanti. Both mines are located near the SARS-CoV-2 virus responsibletown of Tarkwa in the country’s Western Region.

The Parties have agreed in principle on the key terms of the Proposed Joint Venture and will engage with the GoG and other key stakeholders, including relevant regulators, with a view to implementing the Proposed Joint Venture as soon as practically possible. The Parties have agreed to mutual exclusivity during this engagement.

It is intended that the Proposed Joint Venture will be an incorporated joint venture, constituted within Gold Fields Ghana and operated by Gold Fields.

AngloGold Ashanti will contribute its 100% interest in the Iduapriem Mine to Gold Fields Ghana in return for COVID-19 continuesa shareholding in that company. Excluding the interest 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 pandemicbe held by the World Health OrganizationGoG, Gold Fields will have an interest of 66.7%, or two-thirds, and has since then resulted in numerous governments and companies, including AngloGold Ashanti introducing a varietywill have an interest 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-isolate33.3%, 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 23 March 2020, the South African government announced a 21-day nationwide lockdown, effective from midnight on 26 March 2020, resultingone-third, in the temporary suspension of mining activities ofProposed Joint Venture.

There can be no certainty that 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, extendedParties will enter into a set of restrictions on the operation of non-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 logistics 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 uncertaintiesdefinitive agreement with respect to future developments, including duration, severitythe Proposed Joint Venture or about the timing, terms and scopeconditions of any such definitive agreement. Implementation of the COVID-19 pandemic and the necessary government responsesProposed Joint Venture is subject to, limiting 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 $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.





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 26 and Note 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 2019, 2018 and 2017 and for the years ended 31 December 2019, 2018 and 2017, with a separate column for each of AngloGold Ashanti Limited as Guarantor, IOMco as Issuer and theamong 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 conjunctionmatters, reaching agreement with the Company’s condensed consolidated financial statements.GoG regarding the Proposed Joint Venture, conclusion of confirmatory due diligence and securing all requisite regulatory approvals.







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)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)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)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)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)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












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)2018
 2018
 2018
 2018
 2018
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(93) (18) 1,034
 8
 931
Net movement in intergroup receivables and payables73
 (215) 130
 12
 
Dividends received from joint ventures
 91
 
 
 91
Taxation refund
 
 5
 
 5
Taxation paid
 
 (171) 
 (171)
Net cash inflow (outflow) from operating activities from continuing operations(20) (142) 998
 20
 856
Net cash inflow (outflow) from operating activities from discontinued operations(27) 
 28
 
 1
Net cash inflow (outflow) from operating activities(47) (142) 1,026
 20
 857
Cash flows from investing activities         
Capital expenditure
 
 (575) 
 (575)
Proceeds from disposal of tangible assets
 
 4
 6
 10
Dividends from other investments2
 
 
 
 2
Other investments acquired
 
 (13) 
 (13)
Proceeds from disposal of other investments
 
 7
 
 7
Investments in associates and joint ventures
 
 (8) 
 (8)
Net loans repaid by (advanced to) associates and joint ventures9
 10
 (2) 
 17
Disposal (acquisition) of subsidiaries
 (7) 7
 
 
Decrease (increase) in cash restricted for use
 1
 (6) (1) (6)
Interest received
 1
 4
 
 5
Net cash inflow (outflow) from investing activities from continuing operations11
 5
 (582) 5
 (561)
Net cash inflow (outflow) from investing activities from discontinued operations207
 
 19
 
 226
Net cash inflow (outflow) from investing activities218
 5
 (563) 5
 (335)
Cash flows from financing activities         
Proceeds from borrowings407
 45
 301
 
 753
Repayment of borrowings(570) (80) (317) 
 (967)
Finance costs paid(12) (102) (16) 
 (130)
Bond settlement premium, RCF and bond transaction costs
 (10) 
 
 (10)
Dividends paid(24) 
 (15) 
 (39)
Intergroup dividends received (paid)25
 360
 (386) 1
 
Net cash inflow (outflow) from financing activities from continuing operations(174) 213
 (433) 1
 (393)
Net cash inflow (outflow) from financing activities from discontinued operations
 
 
 
 
Net cash inflow (outflow) from financing activities(174) 213
 (433) 1
 (393)
Net increase (decrease) in cash and cash equivalents(3) 76
 30
 26
 129
Translation(1) 
 22
 (26) (5)
Cash and cash equivalents at beginning of year11
 21
 173
 
 205
Cash and cash equivalents at end of year7
 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

F - 87


Table of Contents
KIBALI (JERSEY) LIMITED
Consolidated Financial Statements for the Three Years Ended
31 December 2019, 20182022, 2021 and 20172020

F - 88

Table of Contents


CONTENTS








PAGE
PAGE
Report of independent registered public accounting firm
F - 10090
(BDO LLP: London, United Kingdom: PCAOB ID # 1295)
Consolidated statements of profit or loss and other comprehensive income for the years ended 31 December 2019, 20182022, 2021 and 20172020
F - 10191
Consolidated statements of financial position as at 31 December 2019, 182022, 2021 and 20172020
F - 10292
Consolidated statements of changes in equity for the years ended 31 December 2019, 20182022, 2021 and 20172020
F - 10393
Consolidated statements of cash flows for the years ended 31 December 2019, 20182022, 2021 and 20172020
F - 104, 10594
Statement of directors responsibilitiesF - 106
Notes to the consolidated financial statements
F - 10795



F - 89

Table of Contents
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) and subsidiaries“Company”) as of December 31, December 2019, 20182022, 2021 and 2017,2020, the related consolidated statements of profit or loss and other comprehensive income, changes in equity, and cash flows for each of the three years in the period ended December 31, December 2019,2022, 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 at December 31, 2022, 2021 and subsidiaries at 31 December 2019, 2018 and 2017,2020, and the results of theirits operations and theirits cash flows for each of the three years in the period ended December 31, December 2019,2022, in conformity with International Financial Reporting Standards as issued 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
27 March 202017, 2023



F - 90


Table of Contents
CONSOLIDATED STATEMENTS OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME
FOR THE YEARS ENDED 31 DECEMBER 2019, 20182022, 2021 and 20172020
31 Dec31 Dec31 Dec
Note202220212020
US$’000US$’000US$’000
REVENUE
Gold sales3/251,328,306 1,469,221 1,440,328 
Other income4539 1,208 2,204 
TOTAL INCOME1,328,845 1,470,429 1,442,532 
COSTS AND EXPENSES
Mining and processing costs5674,019 688,086 670,138 
Royalties62,472 68,704 67,547 
Exploration and corporate expenditure66,795 5,848 6,274 
Other expenses452,778 33,246 37,477 
TOTAL COSTS796,064 795,884 781,436 
Finance income75,187 5,618 6,912 
Finance costs7(49,917)(5,913)(6,460)
Share of profits of equity accounted joint venture24157 103 239 
PROFIT BEFORE INCOME TAX488,208 674,353 661,787 
Income tax expense8(155,946)(180,715)(157,090)
PROFIT FOR THE YEAR332,262 493,638 504,697 
OTHER COMPREHENSIVE INCOME/(EXPENSE)
(Loss)/Gain on investment in marketable securities(2)(2)
TOTAL COMPREHENSIVE INCOME332,260 493,636 504,703 
PROFIT FOR THE YEAR
Attributable to:
Owners of the parent306,330 461,271 472,533 
Non-controlling interest25,930 32,367 32,164 
332,260 493,638 504,697 
TOTAL COMPREHENSIVE INCOME
Attributable to:
Owners of the parent306,330 461,269 472,539 
Non-controlling interest25,930 32,367 32,164 
332,260 493,636 504,703 
  2019
 2018
 2017
 Note$’000
 $’000
 $’000
REVENUE      
Gold sales41,122,940
 1,041,035
 754,852
Other income5170
 56,838
 146
TOTAL INCOME 1,123,110
 1,097,873
 754,998
COSTS AND EXPENSES      
Mining and processing costs6688,796
 772,259
 698,980
Royalties 52,792
 45,249
 31,913
Exploration and corporate expenditure713,686
 6,154
 8,205
Other expenses56,021
 45,288
 55,031
TOTAL COSTS 761,295
 868,950
 794,129
       
Finance income84,370
 3,380
 4,147
Finance costs8(3,973) (4,465) (5,478)
Finance income/costs - net 397
 (1,085) (1,331)
Share of profits of equity accounted joint venture2634
 132
 113
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 300,312
 211,998
 13,984
OTHER COMPREHENSIVE INCOME/(EXPENSE)      
(Loss) / gain on investment in marketable securities (5) (17) (33)
TOTAL COMPREHENSIVE INCOME300,307
 211,981
 13,951
PROFIT FOR THE YEAR      
Attributable to:      
Owners of the parent 288,401
 207,750
 26,341
Non-controlling interest 11,911
 4,248
 (12,357)
 300,312
 211,998
 13,984
TOTAL COMPREHENSIVE INCOME     
Attributable to:      
Owners of the parent 288,396
 207,733
 26,308
Non-controlling interest 11,911
 4,248
 (12,357)
  300,307
 211,981
 13,951




















The accompanying notes on pages F - 107 to F - 149 form part of these consolidated financial statements



F - 91

Table of Contents

CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
AS AT 31 DECEMBER 2019, 20182022, 2021 and 20172020

31 Dec31 Dec31 Dec
Note202220212020
US$’000US$’000US$’000
NON-CURRENT ASSETS
Property, plant and equipment91,844,984 1,811,291 1,846,746 
Mineral properties10308,141 334,881 366,053 
Long term ore stockpiles1320,160 — 36,875 
Investment in Associate
Investment in joint venture2426,254 21,776 23,340 
Trade and other receivables12220,845 192,507 185,768 
TOTAL NON-CURRENT ASSETS2,420,388 2,360,459 2,458,782 
CURRENT ASSETS
Inventories and ore stockpiles1375,921 107,951 90,487 
Trade and other receivables12124,940 53,915 29,699 
Investment in marketable securities
Current tax receivable302 — — 
Cash and cash equivalents2191,865 1,115,359 944,233 
TOTAL CURRENT ASSETS293,036 1,277,232 1,064,428 
TOTAL ASSETS2,713,424 3,637,691 3,523,210 
EQUITY AND LIABILITIES
Equity
Share capital14
Share premium142,123,612 2,523,612 2,523,612 
(Accumulated deficit)/Retained earnings(27,194)655,276 655,005 
Other deficit(40)(38)(36)
Equity attributable to owners of the parent2,096,383 3,178,855 3,178,586 
Non-controlling interest1585,040 68,110 55,743 
TOTAL EQUITY2,181,423 3,246,965 3,234,329 
NON-CURRENT LIABILITIES
Loans and borrowings16— 1,839 — 
Lease liabilities1651,045 41,839 50,457 
Deferred tax liability11296,507 196,654 89,609 
Provision for rehabilitation1723,233 29,026 28,364 
TOTAL NON-CURRENT LIABILITIES370,785 269,358 168,430 
CURRENT LIABILITIES
Loans and borrowings1643,298 — — 
Lease liabilities1612,507 13,909 14,674 
Trade and other payables18104,815 97,109 66,881 
Provision for rehabilitation17596 600 803 
Current tax payable— 9,750 38,093 
TOTAL CURRENT LIABILITIES161,216 121,368 120,451 
TOTAL EQUITY AND LIABILITIES2,713,424 3,637,691 3,523,210 
  2019
 2018
 2017
 Note$’000
 $’000
 $’000
NON-CURRENT ASSETS      
Property, plant and equipment101,892,847
 1,988,533
 2,107,718
Mineral properties11404,432
 454,479
 519,117
Long term ore stockpiles1452,685
 28,510
 12,779
Investment in equity accounted joint venture26343
 387
 255
Other investments in joint venture2620,795
 21,479
 25,577
Total investment in joint venture2621,138
 21,866
 25,832
Trade and other receivables13140,987
 137,852
 125,294
Deferred tax asset129,647
 27,265
 43,237
TOTAL NON-CURRENT ASSETS 2,521,736
 2,658,505
 2,833,977
CURRENT ASSETS      
Inventories and ore stockpiles1495,003
 93,036
 73,231
Trade and other receivables1389,047
 112,982
 92,991
Investment in marketable securities233
 9
 26
Cash and cash equivalents 452,692
 123,931
 3,288
TOTAL CURRENT ASSETS 636,745
 329,958
 169,536
TOTAL ASSETS 3,158,481
 2,988,463
 3,003,513
EQUITY AND LIABILITIES      
EQUITY      
Share capital155
 5
 5
Share premium152,523,612
 2,523,612
 2,523,612
Retained earnings 462,972
 324,571
 293,821
Other reserve (42) (37) (20)
Equity attributable to owners of the parent 2,986,547
 2,848,151
 2,817,418
Non-controlling interest1623,579
 11,668
 7,420
TOTAL EQUITY 3,010,126
 2,859,819
 2,824,838
NON-CURRENT LIABILITIES      
Loans and borrowings (1)
171,507
 1,526
 860
Lease liabilities1743,821
 27,465
 40,350
Provision for rehabilitation1825,516
 23,640
 23,244
TOTAL NON-CURRENT LIABILITIES 70,844
 52,631
 64,454
CURRENT LIABILITIES      
Loans and borrowings (1)
17
 
 
Lease liabilities1711,105
 11,425
 7,596
Trade and other payables1946,484
 59,770
 104,633
Current tax payable 19,922
 4,818
 1,992
TOTAL CURRENT LIABILITIES 77,511
 76,013
 114,221
TOTAL EQUITY AND LIABILITIES 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 consolidated financial statements were approved by the Board of Directors on 2717 March 20202023 and signed on its behalf by:

/s/ Graham Shuttleworth

Graham Shuttleworth
Graham Shuttleworth
Director
The accompanying notes on pages F - 107 to F - 149 form part of these consolidated financial statements




F - 92

Table of Contents

CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY
AS ATFOR THE YEARS ENDED 31 DECEMBER 2019, 20182022, 2021 and 20172020
(AccumulatedTotal equity
Deficit)/attributableNon-
US$’000NoteShareShareRetainedOtherto owners ofcontrollingTotal
capitalpremiumearningsreservesthe parentinterestequity
Balance at 1 January 202052,523,612462,972(42)2,986,54723,5793,010,126
Fair value movement on investment in marketable securities666
Total other comprehensive expense— — — 666
Net profit for the year472,533472,53332,164504,697
Total comprehensive income472,5336472,53932,164504,703
Dividend paid (1)
(280,500)(280,500)(280,500)
Balance at 31 December 202052,523,612655,005(36)3,178,58655,7433,234,329
Fair value movement on investment in marketable securities(2)(2)(2)
Total other comprehensive income— (2)(2)(2)
Net profit for the year461,271461,27132,367493,638
Total comprehensive income461,271(2)461,26932,367493,636
Dividend paid (1)
(461,000)(461,000)(20,000)(481,000)
Balance at 31 December 202152,523,612655,276(38)3,178,85568,1103,246,965
Fair value movement on investment in marketable securities(2)(2)(2)
Total other comprehensive expense— (2)(2)(2)
Reclassification of share premium14(400,000)400,000
Net profit for the year306,330306,33025,930332,260
Total comprehensive income(400,000)706,330(2)306,32825,930332,258
Dividend paid (1)
(1,388,800)(1,388,800)(9,000)(1,397,800)
Balance at 31 December 202252,123,612(27,194)(40)2,096,38385,0402,181,423
$’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 Company at par.

SHARE PREMIUM
The share premium comprises the excess value recognised from the issue of ordinary shares at par.

(ACCUMULATED DEFICIT)/RETAINED EARNINGS
(Accumulated deficit)/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 investment 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-MotoKilo- Moto SA UNISARL (SOKIMO) has in Kibali Goldmines SA (Kibali)("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




(1)This balance relates to dividends declared and fully paid up to Shareholders in the period.



The accompanying notes form part of these consolidated financial statements
F - 93

Table of Contents

CONSOLIDATED STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED 31 DECEMBER 2019, 20182022, 2021 and 20172020


31 Dec31 Dec31 Dec
202220212020

US$’000US$’000US$’000
Cash Flows From Operating Activities

Cash generated by operations22675,900 944,244 956,870
Interest received3,783 3,327 4,158
Finance cost paid(1)(1)(299)
Dividends received from equity accounted joint venture— 495 65 
Income tax paid8(55,815)(84,575)(32,121)
Withholding tax paid(8,100)(18,000)— 
Net cash flows generated by operating activities

615,767845,490928,673

Cash Flows Related to Investing Activities
Additions of property, plant and equipment     (199,534)(168,762)(132,229)
Drawdowns, interest and capital payments from equity accounted joint venture(157)(37)(468)
Net cash flows used in investing activities(199,691)(168,799)(132,697)

Cash Flows Relating to Financing Activities
Payment of dividends(1,396,900)(481,000)(280,500)
Cash repatriation fees paid7(44,351)
Increase in overdraft20,341
Lease repayments(14,350)(20,530)(20,753)
Interest paid on lease liabilities(4,310)(4,035)(3,182)
Net cash outflows used in financing activities(1,439,570)(505,565)(304,435)
Net increase in cash and cash equivalents(1,023,494)171,126491,541
Cash and cash equivalents at the beginning of the year


1,115,359944,233452,692
Cash and cash equivalents at the end of the year

91,8651,115,359944,233
  2019
 2018
 2017
 Note$’000
 $’000
 $’000
CASH FLOWS FROM OPERATING ACTIVITIES      
Cash generated by operations24615,431
 473,208
 225,429
Interest received 2,683
 1,814
 2,701
Finance cost paid (715) (515) (1,018)
Dividends received from equity accounted joint venture26156
 
 
Income tax paid (6,193) 
 (1,796)
Net cash flows generated by operating activities 611,362
 474,507
 225,316
CASH FLOWS RELATED TO INVESTING ACTIVITIES      
Additions of property, plant and equipment (120,202) (155,298) (256,208)
Repayment of loan from equity accounted joint venture 1,900
 4,098
 3,170
Net cash outflows used in investing activities (118,302) (151,200) (253,038)
CASH FLOWS RELATING TO FINANCING ACTIVITIES      
Proceeds from issue of ordinary shares15
 
 30,000
Payment of dividends (150,000) (177,000) (8,000)
Decrease in loans and borrowings (1)
 
 
 
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 (164,263) (189,938)
10,934
Net increase/(decrease) in cash and cash equivalents 328,797
 133,369
 (16,788)
Cash and cash equivalents at the beginning of the year 123,895
 (9,474) 7,314
Cash and cash equivalents at the end of the year 452,692
 123,895
 (9,474)
       
(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








1.STATEMENT OF DIRECTORS' RESPONSIBILITIES



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
F - 94

Table 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.Contents



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS


2.1. 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 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.estimates and judgements. 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 3.2.


In assessing the Group’s going concern status, the Directors have taken into account the impactDisclosures in respect of the current pandemicyears ended December 31 2021 and 2020 are presented as have been previously reported, with the exception of certain disclosures in note 9 which have been revised to reflect the correct usage of the assets at the end of those years. During the year, the company identified fully depreciated assets which were decommissioned in 2021 and assets which were presented as Assets Under Construction and were actually in use. The disclosures in note 9 have been updated to reflect these errors. There is no impact on its on-going operations, as wellthe primary statements as the following factors and assumptions: the current cash position; the latest mine plans, the Group’s capital expendituredecommissioned assets were fully depreciated and the short-term gold price. In addition,associated depreciation with 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 operationsAssets Under Construction has been deemed as immaterial. Please refer to note 9 for further details 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.amounts revised.


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 20192022 which have been adopted by the Group for the first time this year.year, and had an immaterial or no impact.



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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

2.1. 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
Effective period
commencing on previous assessments on whether leases are onerous as opposedor after
Amendments to preparing an impairment review under IAS 36 as at the date of initial application; and
Existing Standards
(b)IFRS 3, IAS 16 and IAS37Applied the exemption notAmendments to recognise right-of-use assetsIFRS 3: Business Combinations, IAS 16: Property, Plant and liabilities for leases with less than 12 months of lease term remaining as of the date of initial application.
Equipment and IAS 37: Provisions, Contingency Liabilities and Contingency Assets01-Jan-22
(c)IFRS 1, IFRS 9, IFRS 16 and
IAS 41
Used hindsight when determining the lease term for contracts containing optionsAnnual Improvements to extend or terminate the lease.IFRS (2018-2020 Cycle)01-Jan-22

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 2020,2023, or later periods and which the Group has decided not to early adopt. These include the following, and are not expected to have any material impact:


Effective
period
commencing
on or after
IFRS 17Insurance contracts including amendments to IFRS 1701-Jan-23
IFRS 3Amendments to IFRS 3 Business Combinations - Definition of a Business1 Jan 2020
IAS 1 and IAS 8Amendments to IAS 1 and IAS 8: Definition of Material1 Jan 2020
IFRS 9, IAS 37 and IFRS 7

Amendments to IFRS 9, IAS 37 and IFRS 7: Interest Rate Benchmark Reform

1 Jan 2020
IAS 1
Amendments to IAS 1: Classification of Liabilities as Current or Non-current

1 Jan 202201-Jan-23
IAS 8Amendments to IAS 8 - Definition of Accounting Estimates01-Jan-23
IAS 1Amendments to IAS 1 and IFRS Practice Statement 2 - Disclosure of Accounting policies01-Jan-23
IAS 12Amendments to IAS 12 - Deferred Tax related to Assets and Liabilities arising from a Single Transaction01-Jan-23
IFRS 17Amendment to IFRS 17 - Initial Application of IFRS 17 and IFRS 9 - Comparative Information01-Jan-23



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1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

CONSOLIDATION

The consolidated financial informationstatements 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 recognisedrecognises 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.

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JOINT VENTURES (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-maker utilises. The Group’s chief operating decision maker is considered by management to be the board of directors.


The Group has only one operating 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.


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1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

FOREIGN CURRENCY TRANSLATION

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, whereasotherwise 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.


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.


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1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

PROPERTY, PLANT AND EQUIPMENT (CONTINUED)

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 tostrategic 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:
It is probable that the future economic benefit (improved access to the ore body) associated with the stripping activity will flow to the Group;
The Group can identify the component of the ore body for which access has been improved; and
The 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.


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1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

PROPERTY, PLANT AND EQUIPMENT (CONTINUED)

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 usedbasis by using ounces produced 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.depreciation.


2. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

PROPERTY, PLANT AND EQUIPMENT (CONTNUED)


Depreciation and amortizationamortisation are charged over the life of the mine (or over the remaining useful life of the asset, if shorter) based on estimated contained ounces in proven and probable reserves to be extracted usingand the relevant asset, to reduceportion of resources considered probable of economic extraction based on the cost to estimated residual values.current LOM (Life of Mine) plan that benefit from the development and are considered probable of economic extraction. No future capital expenditure is included in the depreciable value. Proven and probable ore reserves and the portion of resources reflect estimated quantities of economically recoverable reserves and resources, which can be recovered in the future from known mineral deposits. Life of mine contained reserves and resources are used in the contained 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 group 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 used is the group’s weighted average cost of capital adjusted for asset specific factors when applicable. An impairment is recognised in the income statement to the extent that the carrying amount exceeds the assets’ recoverable amount. Generally 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 plans and exclude capital expenditure which enhance the assets or extractable ore tonnes outside of such approved mine plans. The revised asset carrying amounts are depreciated in line with group 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 income 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.



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1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

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 3.07g/3g/t with a marginal ore cut-off grade of 1.13g/0.5g/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.

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, 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.


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 any of the past three years.disclosure periods .


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.





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1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

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, investments in marketable securities, loans to joint ventures, loans to 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.


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1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

FINANCIAL LIABILITIES


Loans and 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. During 2022, the Group entered into a number of short term financial arrangements with banks in relation to the cash repatriation mechanism which were repaid during the year. Costs related to these arrangements are included in Finance Costs in the statement of profit or loss and other comprehensive income and financing activities in the cash flow statement.

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 carriedat 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 amortizedamortised 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 (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.

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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.





2.1. 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 or 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.


LEASES

The Group adopted IFRS 16 using the modified retrospective approach, with recognition of transitional adjustments on the date of initial application (1 January 2019), without restatement of comparative figures.

The lease liabilities were measured at the present value of the remaining lease payments, discounted with the rate determined by reference to the estimated incremental borrowing average rate of 6.81% p.a. Variable lease payments are only included in the measurement of the lease liability if they depend on an index or rate. In such cases, the initial 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 which they relate.

Subsequent to initial measurement lease liabilities increase as a result of interest charged at a constant rate on the balance outstanding and are reduced for lease payments made. Right-of-use assets are amortised on a straight-line basis over the remaining term of the lease or over the remaining economic life of the asset if, rarely, this is judged to be shorter than the lease term.

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.

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LEASES

The Group adopted IFRS 16 using the modified retrospective approach, with recognition of transitional adjustments on the date of initial application (1 January 2019), without restatement of comparative figures.

The lease liabilities were measured at the present value of the remaining lease payments, discounted
with the rate determined by reference to the estimated incremental borrowing rate of 6.81% p.a. Variable lease payments are only included in the measurement of the lease liability if they depend on an index or rate. In such cases, the initial 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 which they relate.

2.1. 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 balance outstanding and are reduced for lease payments made. Right-of-use assets are amortised on a straight-line basis over the remaining term of the lease or over the remaining economic life of the asset if, rarely, this is judged to be shorter than the lease term.

On adoption of IFRS 16, the Group recognised right-of-use assets and lease liabilities as follows:
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 adopting IFRS 16 on the statement of financial 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 Right of Use Assets and Lease Liabilities


REVENUE RECOGNITION


The company’sCompany’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 companyCompany enters into a contract for the sale of gold at each of its mining operations. The performance obligation under its contract is to 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 gold content. As the sales from the gold contract is subject to customer survey adjustment, sales are initially recorded based on the results 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 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 capitalizes all exploration and evaluation expenditures where management concludes that the realization of future economic benefit is more likely than not. While the criteria for concluding that expenditure should be capitalised is always probable, the information that management 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.


F - 106

1. SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

EXPLORATION AND EVALUATION COSTS (CONTINUED)

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 theexpenditure 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 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 arecapitalised 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.



During the year, Kibali Goldmines S.A., a subsidiary of Kibali (Jersey) Limited established a mechanism for the repatriation of cash from the DRC. This resulted in bank arrangement fees of $44.3 million which have been presented as Cash repatriation fees within Finance Costs. Please refer to note 7 for more details.



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2. KEY ACCOUNTING ESTIMATES AND JUDGEMENTS
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 estimatesjudgements and assumptionsestimates that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities are discussed below:


Judgements:
Democratic Republic of Congo (DRC) 2018 Mining Code
Value Added Tax (TVA)
Exploration and evaluation expenditure
Customs claim

Estimates:
Carrying values of property, plant and equipment
Open cast mine stripping
Determination of Ore reserves
Capitalisation and depreciation
Gold price assumptions
Future rehabilitation obligations
Stockpiles, gold in process and product inventories

JUDGEMENTS:

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, of $13.6 million (2021: $11.4 million) (2020: $8.6 million),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 infrastructurallyinfrastructural challenged provinces, such as where Kibali is located.


VALUE ADDED TAX (TVA)


Included in trade and other receivables (refer to note 13)12) is a recoverable TVA balance (including recoverable TVA on fuel duty and after discounting provisions) of US$147.8191.2 million (2018:(2021: US$180.5163.2 million) (2017:(2020: US$134.5153.7 million) owing by the fiscal authorities in the DRC.

The Group continues to seek recovery of TVA in the DRC, in line with the Mining Code and theCode. 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),prior years, relationships and communications with government officials and the tax authority and the limited quantum of disputed submissions.Judgement exists in assessing recovery of these receivables. Whilereceivables as whilst the TVA balance is considered collectible, uncertainty exists regarding the timing of receipts 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

During 2020, the DRC Government agreedindicated that offsets and cash repayments would be suspended as a result of liquidity constraints due 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).global COVID-19 pandemic. Kibali has not received any cash repayments or offsets since 2019.

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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

2. KEY ACCOUNTING ESTIMATES AND JUDGEMENTS (CONTINUED)

JUDGEMENTS (CONTINUED):

VALUE ADDED TAX (TVA) (CONTINUED)


UnderGiven the second approach,continued delays in recovery, the outstanding receivable was discounted by US$37.362.2 million (2018:(2021: US$37.357.3 million) (2017:(2020: US$20.050.1 million) which required estimates as to the timing of future receipts and the level and timing of future offsets with reference to relevant taxes forecast under the mine plan, historical levels and other factors. The increase in the year was based on a probability weighted scenario analysis that takes into account numerous recoverability profiles, following the DRC Government’s decision in July 2020 to suspend offsets and cash repayments. A discount rate of 10.5%10.34% (2021: 7.88%) (2020:7.33%) was applied to both the expected cash receipts and the amounts forecasted to be recovered through offsetting.offsetting across all scenarios in the assessment. Within the scenarios, Management have assumed a recoverable periodvarying periods of 4 years based on actual recovery achieved in the year, with a decreased level of recovery in the next 12 months following a temporary stopdelay in offsets, implemented by the government during Q4 2019, but a catch up inand have included staggered recovery through improved receipts and offsets over the remainder of the period.profiles which reflects management’s best estimates. A 1% increase/decrease in the discount rate will increase/decrease the provision by US$35.3 million/US$3.1 million. A delay in all receipts and offsets for 12 months5.4 million (2021: US$6.1 million/US$6.3 million) (2020: US$4.1 million/US$7.1 million). Applying additional weighting based on management assessment of likelihood to the staggered recovery profiles would increase the provision by US$13.1 million.6.4 million (2021: US$7.8 million) (2020: US$1.4 million).


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.

ESTIMATES:

CARRYING VALUES OF PROPERTY, PLANT, EQUIPMENTAND EQUIPMENTMINERAL PROPERTIES


The Group assesses at each reporting period whether there is any indication that these assets may be impaired (refer to note 109 and 11)10). 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. The Future cash flows are based on estimates of:
The quantities of the proven and probable reserves and certain limited ore resources being those for which there is a high degree of confidence in economic extraction;
Future production levels;
Future commodity prices; including oil forecast at US$70bbl (2018:(2021: US$70bbl) (2017:(2020: US$70bbl)65bbl);
Future cash cost of production and capital expenditure associated with extraction of the reserves and certain limited ore resources in the approved mine plan;
Future gold prices - a gold price curve was used for the impairment calculations starting at a US$1 350/700/oz gold price (2018:(2021: US$1 250oz) (2017:700/oz) (2020: US$1 250/700/oz). A gold price of US$1 350/700/oz was used for the 20202023 year with the price assumption remaining level for years thereafter(2024: $1 650) (2025: $1 600) (thereafter at US$1 300/oz550/oz)
A real discount rate equivalent to 8.67% pre-tax (2018: nominal6.6% (2021: real 8.6%) (2017: nominal 8.2%(2020: real 10.3%); and.
An inflation rate
No reasonably possible changes to these assumptions will lead to an impairment


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Table of 2.0% (2018: 2.5%) (2017: 2.5%).Contents


A reduction in forward gold prices in excess of 27.0% or an increase in the discount rate to 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$1 200/oz gold price (2018: US$1 000/oz) (2017: US$1 000/oz).

2. KEY ACCOUNTING ESTIMATES AND JUDGEMENTS (CONTINUED)

ESTIMATES (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$9.133.6 million (2018:(2021 US$9.236.5 million) (2017:(2020: US$19.212.2 million) to stripping assets with a net book value of US$8.653 million (2018:(2021: US$5.511.4 million) (2017:(2020: US$12.319.1 million). The capitalised stripping costs relate to four open cast satellite pits Aerodrome, KCD, Sessenge and 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.



DETERMINATION OF ORE RESERVES
3.KEY ACCOUNTING ESTIMATES AND JUDGEMENTS (CONTINUED)


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 since the 2019 financial year. Previously the Group based its estimates of ore reserves and mineral resources in accordance with the Australasian Code for Reporting of Exploration Results, Mineral Resources and Ore Reserves of December 2012 (the 2012 JORC code).

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 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.

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 or tonnes milled. The directors believe the ounces 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 2 for the depreciation policy. Estimates are required regarding the allocation of assets to relevant proven and probable reserves and certain limited resources in the units of production calculations, with assessments involving the Group’s mining, capital and geology departments. Proven and probable reserves and certain limited resources 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 and certain limited resources 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.






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2. KEY ACCOUNTING ESTIMATES AND JUDGEMENTS (CONTINUED)


ESTIMATES (CONTINUED):

CAPITALISATION AND DEPRECIATION (CONTINUED)

Judgement is required in determining the point at which assets under construction at Kibali beganbegin commercial production and should be depreciated. Depreciation start dates are determined considering the factors detailed in Note 21 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 wasis 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:
2019    2018     2017202220212020
US$/oz1 30021 20031 000    1 0002004

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 of ore reserves and mineral resources 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 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 using a real risk free rate of 0.5%1.73% (2021: 0%) (2020: 0%) per annum, 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%(2021: 10% ) (2020: 10% ) being the prevailing risk free interest 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 (when nominal discount rate used).


For further information, including the carrying amounts of the liabilities, refer to Note 18. 17.A 0.25% change in the discount rate on the Group’s rehabilitation estimates would result in an impact of US$10.8 million (2018:(2021: US$3.11.0 million at 1% nominal) (2017:0.25% real) (2020: US$3.21.0 million at 1% nominal)0.25% real) on the provision for environmental rehabilitation, and an impact of US$0.20.1 million (2018:(2021: US$0.2 million) (2017:(2020: US$0.020.2 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

2 A gold price range of US$1 300 to US$1 600/oz was used, pit dependant, with the majority (75%) at $1 300/oz
3 A gold price range of US$1 200 to US$1 500/oz was used, pit dependant, with the majority (75%) at $1 200/oz
4 A gold price range of US$1 000 to US$1 300/oz was used, pit dependant, with the majority (85%) at $1 200/oz
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3. REVENUE

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$9.6 million (2018: US$27.3 million deferred tax asset) (2017: US$43.2 million deferred tax 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 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 1 year. The gold price would have to fall below US$910/oz before the deferred tax asset is not utilised.



NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (continued)




4.    REVENUE

The companyCompany 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 affected by economic date.


   31 Dec
       2022
 US$’000
   31 Dec
      2021
US$’000
   31 Dec
       2020
 US$’000
Primary geographic market
Democratic Republic of Congo1,328,306 1,469,221 1,440,328 
1,328,306 1,469,221 1,440,328 
Product type
Gold doré1,325,380 1,465,793 1,437,297 
Silver2,926 3,428 3,031 
1,328,306 1,469,221 1,440,328 
Timing of transfer of goods
Point in time1,328,306 1,469,221 1,440,328 
1,328,306 1,469,221 1,440,328 


 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


5.4. OTHER INCOME AND EXPENSES

 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Other income     
Other income170
 174
 146
Net foreign exchange gains
 56,664
 
 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.


31 Dec
2022
31 Dec
2021
31 Dec
2020

US$’000US$’000US$’000
Other Income:

Other income

— 147 169 
Net foreign exchange gains

82 741 2,035 
Dividend Received457 320 — 

539 1,208 2,204 

The total other income is not considered to be part of the main revenue generating activities and as such the Group presents this income separately from revenue.























F - 112

Table of Contents










(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)





5.4. OTHER INCOME AND EXPENSES (CONTINUED)



Note
31 Dec
2022
31 Dec
2021
31 Dec
2020
31 Dec 2019
 31 Dec 2018
 31 Dec 2017

US$’000US$’000US$’000
Other Expenses:Other Expenses:

Management FeeManagement Fee257,036 6,216 4,667 
COVID-19 specific costsCOVID-19 specific costs1,030 35 18,608 
Other expensesOther expenses38,762 18,644 — 
$’000
 $’000
 $’000
Other expenses     
Management Fee4,563
 4,478
 4,385
Net foreign exchange loss1,458
 2,917
 38,469
Provision for impairment against TV receivable
 37,893
 12,177
Provision for impairment against TVA receivable and related expensesProvision for impairment against TVA receivable and related expenses

5,950 8,351 14,202 
6,021
 45,288
 55,031

52,778 33,246 37,477 


The discounting provision movement for 2018US$1 million (2021: $0.035 million) (2020: $18.6 million) relates to TVA receivables which is made up of US$17.3m (2017: US$12.2 million) increaseCOVID-19 specific costs, notably laboratory testing facilities on the mine, personal protective equipment for staff and local area, donations, a local medical clinic and testing center.

Included in other expenses for 2022 are $8.8 million for fees paid under protest, $11.7 million relating to provision for other fiscal expenses, $7.1 million relating to various community contributions and projects, $1.1 million relating to the discounting provision,funding provided to support the Garamba National Park as well as cost for the rhino introduction project and US$20.6m write off of TVA balance as part of the TVA settlement agreement. Refer$8.3 million relating to note 3other taxes and penalties paid.

Included in other expenses for details.2021, are $4.4 million community contribution fees, $3.9 million bank fees on dividends, $3.6 million community resettlement program, $2.8 million environmental tax, $1.1 million social expenditure and $2.0 million legal related


Also refer to note 3 for details regarding the net foreign exchange losses incurred.



6.    5.MINING AND PROCESSING COSTS
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Mining and processing costs comprise:
Mine production costs316,880 264,556 249,395 
Movement in production inventory and ore stockpiles(11,871)(15,340)2,924 
Depreciation and amortisation207,813 243,958 241,311 
Other mining and processing costs161,197 194,912 176,508 
674,019 688,086 670,138 


 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Mining and processing costs comprise:     
Mine production costs263,608
 264,122
 232,209
Movement in production inventory and ore stockpiles(32,953) (12,154) 28,933
Depreciation and amortisation282,180
 329,519
 264,415
Other mining and processing costs175,961
 190,772
 173,423
 688,796

772,259

698,980

7.6. EXPLORATION AND CORPORATE EXPENDITURE
31 Dec
2013
31 Dec
2012
31 Dec
2011
202220212020
US$’000US$’000US$’000
Exploration and corporate expenditure comprise:
Exploration expenditure3,452 4,214 4,295 
Corporate expenditure3,343 1,634 1,979 

6,795 5,848 6,274 


















F - 113
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Exploration and corporate expenditure comprises:     
Exploration expenditure7,123
 3,213
 2,760
Corporate expenditure6,563
 2,941
 5,445
 13,686

6,154

8,205

Table of Contents

8.7. FINANCE INCOME AND COSTS

31 Dec
2012
31 Dec
2012
31 Dec
2011

202220212020

US$’000US$’000US$’000
Finance income comprise:
Interest received – loans and receivables3,513 3,277 2,664 
Bank interest1,674 2,341 4,248 
Total finance income5,187 5,618 6,912 
Finance costs comprise:
Interest expense on finance lease(4,830)(5,428)(4,869)
Interest paid on overdrafts— — (1,215)
Unwinding of discount on provisions for Rehabilitation(735)(485)(376)
Cash repatriation fee(44,352)— — 
Total finance costs(49,917)(5,913)(6,460)
Net finance (costs)/income(44,730)(295)452 


 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Finance income comprise:     
Bank Interest1,389
 20
 20
Interest received – loans and receivables2,981
 3,360
 4,127
Total finance income4,370

3,380

4,147
Finance costs comprise:     
Interest expense on finance lease(3,153) (3,359) (3,931)
Interest paid on overdrafts(289) (515) (1,018)
Unwinding of discount on provisions for Rehabilitation(531) (591) (529)
Total finance costs(3,973)
(4,465)
(5,478)
Net finance income/(costs)397

(1,085)
(1,331)

9.8. INCOME TAXES
  31 Dec 2019
 31 Dec 2018
 31 Dec 2017
  $’000
 $’000
 $’000
Current taxation 44,316
 
 
Deferred taxation1217,618
 15,972
 (54,333)
  61,934

15,972

(54,333)

31 Dec31 Dec
31 Dec

202220212020
US$’000US$’000US$’000
Current taxation

47,99355,67157,834
Deferred taxation1199,853107,04499,256
Withholding tax8,10018,000

155,946180,715157,090


The tax on the Group’s profit before tax differs from the theoretical amount that would arise using the statutory tax rate applicable to the Group’s operationsmain operations. Withholding tax arose from the dividend payment made from Kibali Goldmines SA to Moto (Jersey) 2 Limited and Kibali (Jersey) Limited.

31 Dec31 Dec31 Dec

202220212020

US$’000US$’000US$’000
Profit before tax

488,208674,353661,787
Tax calculated at the DRC standard tax rate of 30%146,462202,306198,537
Withholding tax8,10018,000
Reconciling items:

Exempt income

(24,070)(56,141)(54,694)
Non-deductible costs

25,45416,55013,247
Taxation charges

155,946180,715157,090
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Profit/(loss) before tax362,246
 227,970
 (40,349)
Tax calculated at the DRC effective tax rate of 30%108,674
 68,391
 (12,105)
Reconciling items:     
Exempt income(54,359) (50,569) (40,948)
Other differences7,619
 (1,850) (1,280)
Taxation (credit) / charges61,934

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%. Included in current taxation for 2019 is an amount of US$ 15.5 million paid in respect of 2018. This payment arose as a result of the application of a provision in the 2018 Mining Code restricting the application of unredeemed capital allowances against taxable income to 60% of such taxable income. The GroupKibali has previously resisted the application of this 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$ 15.5 million to current taxation and an equivalent increase in the deferred tax asset. Kibali have capital allowanceslosses for deduction against future mining income which are partially offset by accelerated capital allowances on property, plant and equipment. Kibali (Jersey) Limited’s estimated tax deductions carried forward at 31 December 20192022 amounted to US$450.4166.8 million (2018:(2021: US$477.1285.6 million) (2017:(2020: US$520.5355.7 million) at the tax rate of 30% which are reduced by accelerated capital allowances to result in a net deferred tax asset recorded. Referliabilities being recorded for the financial years reported. In the current year, the group has a deferred tax liability of US$296.5 million. In addition, withholding tax arose from the dividend payments from Kibali Goldmines SA to note 3 for detailsKibali (Jersey) and Moto (Jersey) 2 Limited.


F - 114

Table of the 2018 Mining Code and the Group’s assessment regarding its fiscal stability protections.Contents






10.9. PROPERTY, PLANT AND EQUIPMENT

31 Dec31 Dec31 Dec

202220212020

US$’000US$’000US$’000
Mine properties, mine development costs and mine plant facilities and equipment
Cost
Balance at the beginning of the year3,118,076 3,161,305 3,004,474 
Additions

214,765 177,331 156,831 
Disposals *— (220,560)— 
Balance at the end of the year

3,332,841 3,118,076 3,161,305 




Accumulated depreciation




Balance at the beginning of the year(1,306,785)(1,314,559)(1,111,627)
Depreciation charged for the year(181,072)(212,786)(202,932)
Disposals *— 220,560 
Balance at the end of the year(1,487,857)(1,306,785)(1,314,559)
Net book value1,844,984 1,811,291 1,846,746 




 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Mine properties, mine development costs and mine plant facilities and equipment     
Cost     
Balance at the beginning of the year2,868,026
 2,722,330
 2,475,924
Additions136,448
 145,696
 246,406
Balance at the end of the year3,004,474
 2,868,026
 2,722,330
      
Accumulated depreciation     
Balance at the beginning of the year(879,493) (614,612) (407,618)
Depreciation charged for the year(232,134) (264,881) (206,994)
Balance at the end of the year(1,111,627) (879,493) (614,612)
Net book value1,892,847
 1,988,533
 2,107,718
* 31 December 2021 presentation has been revised to retrospectively present the disposal of $220.6 million of fully depreciated plant and equipment during that year.


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 32 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$1 784447 million at 31 December 2019 (2018:2022 (2021: US$1 903583 million) (2017:(2020: US$2 0231 708 million). The value of assets under construction included in plant and equipment that are not depreciated is US$209.2339 million (2018:(2021: US$189.2 million) (2017:271.2 million (revised from $294.0 million previously presented)) (2020: US$222.9 million)209.7 million (revised from 232.5 million previously presented)). Revisions to amounts previously presented as assets under construction reflect adjustments for items which were retrospectively identified as being in use at the respective dates during 2022, as disclosed in note 1. Refer to note 32 for judgements applied with 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$66.2289 million at 31 December 2019 (2018:2022 (2021: US$66167.1 million) (2017:(2020: US$51.675.9 million).


Decommissioning asset
A decommissioning asset has been recognised relating to the rehabilitation liability to the value of US$16.19.1 million (2018:(2021: US$15.5 million) (2017:(2020: US$17.2 million) (refer to note 18)17). Depreciation of the decommissioning asset commenced 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.basis (Refer to note 2).


Right 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, previously listed below under finance lease mining assets.

 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(“KAS”) assets. Refer to KAS to buy the assets and in return leases the assets to Kibali, a subsidiarynote 19.


31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
ROU Assets52,076 45,449 46,175 
52,076 45,449 46,175 


F - 115

Table of the Group. Despite holding more than 50% ownership, Kibali (Jersey) Limited does not control the entity, which is operated as a joint venture where both parties exercise joint control.Contents






11.

10. MINERAL PROPERTIES
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Cost
At the beginning and end of the year745,092 745,092 745,092 
Amortisation
At the beginning of the year(410,211)(379,039)(340,660)
Charge for the year(26,740)(31,172)(38,379)
At the end of the year(436,951)(410,211)(379,039)
Net book value308,141 334,881 366,053 
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Cost     
At the beginning and end of the year745,092
 745,092
 745,092
Amortisation     
At the beginning of the year(290,613) (225,975) (168,556)
Charge for the year(50,047) (64,638) (57,419)
At the end of the year(340,660) (290,613) (225,975)
      
Net book value404,432

454,479

519,117


Mineral properties represent the amounts attributable to licence interest on the purchase of Moto Goldmines Limited (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.




12.11. DEFERRED TAXATION
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’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(196,654)(89,610)9,647 
Statement of comprehensive income charge (Refer to note 8)(99,853)(107,044)(99,256)
At the end of the year(296,507)(196,654)(89,609)
Deferred taxation comprise the following:
Tax losses166,762 285,632 355,742 
Accelerated capital allowances(463,269)(482,286)(445,351)
Net deferred tax liability(296,507)(196,654)(89,609)



F - 116
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’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 year27,265
 43,237
 (11,096)
Statement of comprehensive (charge) / credit(17,618) (15,972) 54,333
At the end of the year9,647

27,265

43,237
Deferred taxation comprise the following:     
Tax losses carried forward attributable to accelerated capital allowances450,408
 477,104
 520,526
Accelerated capital allowances(440,761) (449,839) (477,289)
Net deferred taxation asset / (liability)9,647

27,265

43,237

Table of Contents


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.




13.12. TRADE AND OTHER RECEIVABLES
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Advances to contractors— 225 608 
Trade receivables (refer to note 25)60,692 22,805 1,202 
Prepayments and other receivables65,892 34,302 36,050 
Loan to SOKIMO (refer note 25)28,010 25,897 23,933 
TVA receivable191,191 163,193 153,674 
345,785 246,422 215,467 
Less: Non-current portion

Loan to SOKIMO (refer to note 25)28,010 25,897 23,933 
Drilling down payment1,644 3,417 8,161 
TVA Receivable191,191 163,193 153,674 
220,845 192,507 185,768 
Current portion124,940 53,915 29,699 
 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 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$37.362.2 million (2018:(2021: US$37.357.3 million) (2017:(2020: US$20.050.1 million) recognised and nil (2018: US$20.6 million, 2017: nil) was written off as part of the settlement agreement with the DRC Government.recognised. 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 faircarrying value of each class of receivable mentioned above. The Company does not hold any collateral as security. Refer to note 2221 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 Code once submissions are approved. All amounts in current trade receivables have been received post year end. The Group continues to seek recovery of TVA in line with the Mining Code. Judgement exists in assessing recovery of this amount. No amounts are expected to be recovered in 2023. See note 32 for further detail.


The loan to SOKIMO bears interest at 8% and the loan and interest will be repaid through future dividends.dividends declared by Kibali Goldmines SA in accordance with the loan agreement.


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”“prepayments and other receivables” includes loans to related parties of US$1.521.1 million (2018:(2021: US$ 1.51.8 million) (2017:(2020: US$0.90.2 million), these. These loans have no terms of repayment. All non-current receivables are due after 12 months. The movement in the loan is disclosed as a non-cash movement as it relates to management fees and intercompany charges which are unpaid at the balance sheet date.



14.

F - 117

Table of Contents
13. INVENTORIES AND ORE STOCKPILES
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Gold on hand11,409 4,244 6,878 
Consumables stores55,376 82,417 72,544 
Ore stockpiles26,678 15,744 40,620 
Gold in process2,618 5,546 7,320 
96,081 107,951 127,362 
Less: Non-current portion

Ore stockpiles20,160 — 36,875 
Current portion75,921 107,951 90,487 
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Gold on hand13,086
 4,425
 8,970
Consumables stores64,201
 66,099
 43,728
Ore stockpiles62,642
 44,116
 29,869
Gold in process7,759
 6,906
 3,443
 147,688

121,546

86,010
Less: Non-current portion     
Ore stockpiles52,685
 28,510
 12,779
Current portion95,003

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.



15.14.    SHARE CAPITAL AND PREMIUM


The total authorised number of ordinary shares is 10 000 (2018:(2021: 10 000) (2017:(2020: 10 000) for the total value of US$10 000 (2018:(2021: US$10 000) (2017:(2020: US$10 000). All issued shares are fully paid. The total number of issued shares at 31 December 20192022 was 4 648 shares (2018:(2021: 4 648) (2017:(2020: 4 648).


Barrick Gold (Kibali) Limited (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.


Refer
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Movement in the number of ordinary shares outstanding:
Balance at 1 January
Shares issued— — — 
Balance at 31 December




Movement in share premium:
Balance at 1 January2,523,612 2,523,612 2,523,612 
Reclassification(400,000)— — 
Balance at 31 December2,123,612 2,523,612 2,523,612 

The reclassification relates to the Consolidated Statements of Changes in Equity on page a transfer from share premium to retained earnings to ensure sufficient distributable reserves.
F - 103 for more detail on the annual movement118

Table of share capital and share premium. In 2017, no movement in share capital for the shares issued above is shown due to rounding.

 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Movement in the number of ordinary shares outstanding:     
Balance as at 1 January5
 5
 5
Shares issued
 
 
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

16.15.    NON-CONTROLLING INTEREST
31 Dec31 Dec31 Dec
202220212020
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
US$’000US$’000US$’000
$’000
 $’000
 $’000
Balance at 1 January11,668
 7,420
 19,777
Balance at 1 January68,110 55,743 23,579 
Non-controlling interest in results of Kibali Goldmines SA11,911
 4,248
 (12,357)Non-controlling interest in results of Kibali Goldmines SA25,930 32,367 32,164 
Dividend paidDividend paid(9,000)(20,000)— 
Balance at 31 December23,579

11,668

7,420
Balance at 31 December85,040 68,110 55,743 
The non-controlling interest represents the 10% interest SOKIMO has in Kibali Goldmines SA, which is a subsidiary of Kibali (Jersey) Limited.


This dividend paid represents the SOKIMO portion of the dividends paid to Moto (Jersey) 2 Limited and subsequently flows through Moto (Jersey) 1 Limited and Kibali (Jersey) Limited.

See summarised financial information for Kibali Goldmines SA at note 21.20.



17.16.    LOANS, BORROWINGS AND LEASE LIABILITIES
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Non-current
Lease liabilities51,045 41,839 50,457 
51,045 41,839 50,457 
Current
Lease liabilities12,507 13,909 14,674 
Loan from the Group (refer to note 25)21,301 1,839 — 
Bank account in overdraft21,997 1,656 — 
Total loans and borrowings106,850 59,243 65,131 
 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



Lease liabilities
The lease liabilities mainly consist of KAS, in respect of the equipment, which has been transferred to the Group under a previous instalment sale agreement, as well as leases related to the oxygen plant and other minor plant components. Refer to note 109 and note 2019 for lease asset disclosures and further details on the lease liabilities respectively.


Loan - Barrick
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 has no fixed termsis repayable on demand.


F - 119

Table of repayment.Contents




18.17.    PROVISION FOR REHABILITATION
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Balance at 1 January29,626 29,167 25,516 
Unwinding of discount735 485 376 
Change in estimates(6,532)(26)3,275 
Total rehabilitation23,829 29,626 29,167 
Current rehabilitation liability596 600 803 
Non-Current Liability23,233 29,026 28,364 
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Balance at 1 January23,640
 23,244
 21,163
Unwinding of discount531
 591
 529
Change in estimates2,369
 (195) 1,552
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 0.5% (2018: 3.0%1.73% (2021: 0%) (2017: 2.5%(2020: 0%) 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 (Refer to note 2) which, at the date of these accounts,consolidated financial statements, is 2032 (2018: 2032) (2017: 2032)2037 (2021: 2034) (2020: 2033) for the Kibali gold mine.


19.
18.    TRADE AND OTHER PAYABLES
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Trade payables34,452 30,764 19,984 
Payroll and other compensations

8,871 7,711 8,839 
Accruals and other payables61,492 58,634 38,058 
104,815 97,109 66,881 
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Trade payables20,346
 29,367
 46,060
Payroll and other compensations7,170
 3,171
 1,908
Bank account in overdraft
 36
 12,762
Accruals and other payables18,968
 27,196
 43,903
 46,484

59,770

104,633


Accruals and other payables include retention, in respect of contracts with suppliers, of US$1.21.7 million (2018:(2021: US$1.90.5 million) (2017:(2020: US$8.30.2 million).


Trade and other payables are all due within 120 days.






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19.    LEASES


Right of use assets
Description31 Dec 2022 US$’00031 Dec 2021 US$’00031 Dec 2020 US$’000
Carrying amount – beginning of the year45,449 46,175 26,503 
Additions21,757 6,519 28,389 
Impact of modifications— 3,235 — 
Depreciation(23,510)(10,480)(8,717)
Carrying value – end of year43,696 45,449 46,175 

The right of use asset is measured under the cost model

Lease Liabilities
Description31 Dec 2022 US$’00031 Dec 2021 US$’00031 Dec 2020 US$’000
As at 1 January55,748 65,131 54,926 
Additions21,757 6,519 28,389 
Impact of modifications— 3,235 — 
Interest expense4,830 5,428 4,869 
Lease payments(18,660)(24,565)(23,935)
Foreign exchange movements(123)— 882 
As at 31 December63,552 55,748 65,131 



20.    LEASES

On adoption of IFRS 16, the Group recognised right-of-use assets and lease liabilities in relation to leases of mining equipment and plan equipment, which had previously been classified as operating leases.

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

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.


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21.20.    SEGMENTAL INFORMATION (CONTINUED)

Country of operationDRCJersey
US$’000Kibali Goldmines SACorporateIntercompany eliminations and consolidation entriesTotal
Year ended 31 December 2022
Profit and loss
Total revenue1,328,306 — — 1,328,306 
Mining and processing costs excluding Depreciation(468,327)— 2,121 (466,206)
Depreciation and amortisation(185,019)(427)(22,367)(207,813)
Mining and processing costs(653,346)(427)(20,246)(674,019)
Royalties(62,472)— — (62,472)
Exploration and corporate expenditure(3,452)(3,343)— (6,795)
Other (expenses)/income and JV profit(56,903)4,821 — (52,082)
Finance costs(152,079)(35,073)137,236 (49,916)
Finance income3,700 12,664 (11,178)5,186 
Profit before income tax403,754 (21,358)105,812 488,208 
Income tax expense(147,846)(8,100)— (155,946)
Net profit for the year255,908 (29,458)105,812 332,262 
Capital expenditure214,765 — — 214,765 
Total assets2,685,504 2,171,491 (2,143,571)2,713,424 
Total liabilities(1,708,355)(289)1,176,642 (532,002)
Year ended 31 December 2021
Profit and loss
Total revenue1,469,221 — — 1,469,221 
Mining and processing costs excluding depreciation(446,175)— 2,047 (444,128)
Depreciation and amortisation(237,215)(1,911)(4,832)(243,958)
Mining and processing costs(683,390)(1,911)(2,785)(688,086)
Royalties(68,704)— — (68,704)
Exploration and corporate expenditure(4,346)545 (2,047)(5,848)
Other expenses and JV profit(31,831)(104)— (31,935)
Finance costs(198,660)(1)192,748 (5,913)
Finance income4,099 12,697 (11,178)5,618 
Profit before income tax486,389 11,226 176,738 674,353 
Income tax expense(162,715)(18,000)— (180,715)
Net profit/(loss) for the year323,674 (6,774)176,738 493,638 
Capital expenditure177,331 — — 177,331 
Total assets3,586,931 3,397,061 (3,346,301)3,637,691 
Total liabilities(2,789,133)(3,336)2,401,743 (390,726)
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20. SEGMENTAL INFORMATION (CONTINUED)20. SEGMENTAL INFORMATION (CONTINUED)
Country of operationDRC Jersey    Country of operationDRCJersey
US$’000Kibali Corporate 
Intercompany
eliminations
and
consolidation
entries
 TotalUS$’000Kibali Goldmines SACorporateIntercompany eliminations and consolidation entriesTotal
Year ended 31 December 2019       
Year ended 31 December 2020Year ended 31 December 2020
Profit and loss       Profit and loss
Total revenue1,122,940
 
 
 1,122,940
Total revenue1,440,328 — — 1,440,328 
Mining and processing costs excluding depreciation(408,001) 
 1,384
 (406,617)Mining and processing costs excluding depreciation(429,949)— 1,122 (428,827)
Depreciation and amortisation(268,736) (1,579) (11,864) (282,179)Depreciation and amortisation(232,804)(2,017)(6,490)(241,311)
Mining and processing costs(676,737)
(1,579)
(10,480)
(688,796)Mining and processing costs(662,753)(2,017)(5,368)(670,138)
Royalties(52,792) 
 
 (52,792)Royalties(67,547)— — (67,547)
Exploration and corporate expenditure(13,606) (80) 
 (13,686)Exploration and corporate expenditure(6,173)(101)— (6,274)
Other income/(expense) and JV profit(4,610) 177
 (1,384) (5,817)
Other (expenses)/income and JV profitOther (expenses)/income and JV profit(34,322)409 (1,121)(35,034)
Finance costs(196,905) (8) 192,940
 (3,973)Finance costs(195,192)— 188,732 (6,460)
Finance income2,759
 12,789
 (11,178) 4,370
Finance income4,389 12,785 (10,262)6,912 
Profit before income tax181,049

11,299

169,898

362,246
Profit before income tax478,730 11,076 171,981 661,787 
Income tax expense(61,934) 
 
 (61,934)Income tax expense(157,090)— — (157,090)
Net profit for the year119,115

11,299

169,898

300,312
Net profit for the year321,640 11,076 171,981 504,697 
       
Capital expenditure140,876
 
 
 140,876
Capital expenditure156,831 — — 156,831 
Total assets3,302,116
 10,330,673
 (10,474,308) 3,158,481
Total assets3,762,098 10,862,319 (11,101,207)3,523,210 
Total liabilities(3,265,246) (6,494,171) 9,611,062
 (148,355)Total liabilities(3,403,586)(7,093,329)10,208,034 (288,881)
       
Year ended 31 December 2018       
Profit and loss       
Total revenue1,041,035
 
 
 1,041,035
Mining and processing costs excluding depreciation(444,147) 
 1,407
 (442,740)
Depreciation and amortisation(309,696) (1,744) (18,079) (329,519)
Mining and processing costs(753,843)
(1,744)
(16,672)
(772,259)
Royalties(45,249) 
 
 (45,249)
Exploration and corporate expenditure(6,084) (70) 
 (6,154)
Other income/(expense) and JV profit12,552
 537
 (1,407) 11,682
Finance costs(191,543) (29) 187,107
 (4,465)
Finance income1,578
 12,980
 (11,178) 3,380
Profit before income tax58,446

11,674

157,850

227,970
Income tax expense(15,972) 
 
 (15,972)
Net profit for the year42,474

11,674

157,850

211,998
       
Capital expenditure145,696
 
 
 145,696
Total assets3,052,902
 8,183,627
 (8,248,066) 2,988,463
Total liabilities(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 2019, 20182022, 2021 or 2017.2020. 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 2019, 20182022, 2021 or 2017.2020. Generally, the Group does not hedge its exposure to gold price fluctuation risk and gold was sold at market spot prices in 2019, 20182022, 2021 and 2017.2020. 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.
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21.    FINANCIAL RISK MANAGEMENT (CONTINUED)


31 Dec 202231 Dec 202131 Dec 2020
US$’000US$’000US$’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)
(2,981)2,189 313 
Euro (EUR)
419 82 
South African Rand (ZAR)
624 205 229 
British Pound (GBP)
47 199 
Australian Dollar (AUD)
249 500 418 
 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’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)
2,289
 18
 28
•    Euro (EUR)63
 613
 297
•    South African Rand (ZAR)299
 102
 65
•    British Pound (GBP)11
 22
 3
•    Australian Dollar (AUD)10
 
 402
Trade and other receivables includes balances denominated in:     
•    Congolese Franc (CDF)
 3
 4
•    Euro (EUR)
 
 
•    South African Rand (ZAR)
 
 
•    British Pound (GBP)
 
 
•    Australian Dollar (AUD)
 
 
Trade and other payables includes balances denominated in:     
•    Euro (EUR)(2,723) (1,277) (284)
•    South African Rand (ZAR)(115) (561) (1,003)
•    British Pound (GBP)(3) (4) (2)
•    Australian Dollar (AUD)(643) (379) (87)


The Group’s exposure to foreign currency arises where a Company holds monetary assetsTrade and liabilitiesother receivables includes balances 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.currencies. The TVA is not a financial instrument under IFRS 7.balance included in trade and other receivables amounts to $70M in CDF.



22.    FINANCIAL RISK MANAGEMENT (CONTINUED)
 
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 assetsTrade and liabilities held at 31 December 2019 whereother payables includes balances were not denominated in the functional currency of the Group. Theforeign currencies, which are not significant.

There are no sensitivities do not take into account the Group’s income and costs and the results of the sensitivities could change due to other factors suchdisclosed for foreign exchange as changes in the value of financial assets and liabilities as a result of non-foreign exchange influenced factors.these balances are immaterial.


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 bankingoverdraft facilities, are sufficient to the Group’s currently foreseeable future business requirements.

Amount
US$’000
Effective rate
for the year
Cash and cash equivalents:
All less than 90 days (2022)91,865 0.85%
All less than 90 days (2021)1,115,359 0.70%
All less than 90 days (2020)944,233 0.75%


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Table of Contents
 
Amount
$’000

Effective rate
for year
Cash and cash equivalents:  
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%
21.    FINANCIAL RISK MANAGEMENT (CONTINUED)


Concentration of credit risk
In normal circumstances, the Group’s cash balances do not give rise to a concentration of credit risk because it endeavours 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.sheet. 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. DueAll cash balances under the Company’s control or joint control are free from assignment or other charges. Cash held in banks in the DRC by Kibali is subject to administrative steps prior to repatriation. At year-end, the Group’s current inability to repatriate as a result of the new mining code, a large portiongroup had US$56 million (2020: US$1 075 million) 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 effectcountry, a decrease of US$1 019 million year on year. Management further assessed any expected credit losses, iswhich was considered immaterial. Historically, customer defaults have not had a significant impact on our operating results or financial position.In forming this assessment, the Company considered the history of the banking relationships, knowledge of the DRC economy and credit rating reports for the DRC banks to evaluate liquidity and any indications of increased credit risk associated with the institutions.

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. Further, the Group is 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$147.8191.2 million (2018:(2021: US$180.5163.2 million; 2017:2020: US$134.5153.7 million) that was past due. Refer to note 3.2. 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.



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 31 Dec 2019
 31 Dec 2018
 31 Dec 2017
 $’000
 $’000
 $’000
Capital risk management     
Borrowings and trade and other payables102,917
 100,186
 153,439
Less: cash and cash equivalents(452,692) (123,931) (3,288)
Net borrowings, trade and other payables(349,775) (23,745) 150,151
      
Total equity3,010,126
 2,859,819
 2,824,838
Total capital2,660,351
 2,836,074
 2,974,989
Gearing ratio-13 % -1 % 5%
21.    FINANCIAL RISK MANAGEMENT (CONTINUED)


31 Dec 202231 Dec 202131 Dec 2020
US$’000US$’000US$’000
Capital risk management
Borrowings, trade and other payables and lease liabilities (note 16 and 18)211,666 154,696 132,012 
Less: cash and cash equivalents(91,865)(1,115,359)(944,233)
Net borrowings, trade and other payables and cash119,801 (960,663)(812,221)
Total equity2,181,425 3,246,965 3,234,329 
Total capital2,301,228 2,286,302 2,422,911 
Gearing ratio5%(42)%(33)%

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
BorrowingsExpected
Future
interest
payments
US$'000US$'000US$'000
At 31 December 2022
Financial liabilities
Within 1 year in demand104,815 8,240 4,088 
Later than 1 year and no later than 5 years— 64,934 7,413 
Total104,815 73,174 11,501 
At 31 December 2021
Financial liabilities
Within 1 year in demand97,109 11,502 2,407 
Later than 1 year and no later than 5 years— 39,649 4,029 
Total97,109 51,151 6,436 
At 31 December 2020
Financial liabilities
Within 1 year in demand66,881 12,121 2,553 
Later than 1 year and no later than 5 years— 50,340 117 
Total66,881 62,461 2,670 




F - 126
 
Trade and
other
payables

 Borrowings
 
Expected
Future
interest
payments

 $'000 $'000 $'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
Later than 1 year and no later than 5
 41,210
 6,012
After 5 years
 
 305
Total104,633
 48,806
 9,662


Table of Contents

23.    FAIR VALUE OF FINANCIAL INSTRUMENTS

The following table shows the carrying amounts and the fair values of the Group’s FVOCI financial instruments outstanding at 31 December 2019, 2018 and 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
   $'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.

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.




24.22.    CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMSOPERATIONS
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Profit before income taxation488,208 674,353 661,787 
Adjustments for:
Finance income (Note 7)(5,187)(5,618)(6,912)
Finance cost (Note 7)49,917 5,913 6,460 
Share of profits of equity accounted joint venture(157)(103)(239)
Depreciation and amortisation (Note 5)
207,813 243,958 241,311 
Foreign exchange loss / (gain) (Note 4)— (741)(2,035)
TVA write off agreement (Note 4)— — 1,462 
Movement in discounting provision on TVA (Note 4)5,950 8,351 12,740 
746,544 926,113 914,574 
Effects of changes in operating working capital items
Receivables
(96,962)(26,214)2,167 
Inventories
11,871 19,412 20,325 
Trade and other payables
14,447 24,933 19,804 
Cash generated from operations675,900 944,244 956,870 
 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 changes in rehabilitation provision estimates of US$1.80.7 million (2018:(2021: US$0.20.5 million) (2017:(2020: US$1.62.6 million) and TVA offsets of nil (2021: US$ nil) (2020: US$ 4.9 million). Please refer to Note 4.


Cash flows relating to loans and borrowings within financing activities comprises the following movements in finance lease liabilities:


24.




F - 127

Table of Contents
22. CASH FLOW FROM OPERATING ACTIVITIES AND NON-CASH ITEMSOPERATIONS (CONTINUED)


Cash flows relating to loans and borrowings within financing activities comprises the following movements in finance lease liabilities:
Non-currentCurrentTotal
loans andloans and
borrowingsborrowings
US$’000US$’000US$’000
At 1 January 202045,328 11,105 56,433 
Cash flows:
Lease repayments— (23,935)(23,935)
Non cash flows:
Loans and borrowings classified as non-current at 31 December 2020(15,825)15,825 — 
Interest and capital accrued— 5,818 5,818 
IFRS 16 lease additions20,954 5,861 26,815 
At 31 December 2020 1
50,457 14,674 65,131 
At 1 January 202150,457 14,674 65,131 
Cash flows:
Lease repayments— (24,565)(24,565)
Non cash flows:
Loans and borrowings classified as non-current at 31 December 2021(17,603)17,603 — 
Loan from Group (Note 16)— — — 
Interest and capital accrued— 5,428 5,428 
IFRS 16 lease additions8,985 769 9,754 
At 31 December 202141,839 13,909 55,748 
At 1 January 202241,839 13,909 55,748 
Cash flows:
Lease repayments— (18,660)(18,660)
Overdraft (note 16)— 20,341 20,341 
Non cash flows:
Other movements— 3,495 3,495 
Loans and borrowings classified as non-current at 31 December 2022(12,551)12,551 — 
Loan from Group (Note 16)— 19,462 19,462 
Interest and capital accrued— 4,707 4,707 
IFRS 16 lease additions and modifications21,757 — 21,757 
At 31 December 202251,045 55,805 106,850 
1 Refer to note 18 and the consolidated cash flow statements.


 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 20 and the consolidated cash flow statements on page F - 104.


25.23.    COMMITMENTS AND CONTINGENT LIABILITIES
31 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Capital expenditure contracted for at statement of financial
position date but not yet incurred is:
Property, plant and equipment24,637 28,157 22,227 
F - 128
 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

Table of Contents




23. COMMITMENTS AND CONTINGENT LIABILITIES (CONTINUED)


26.At the end of January and in early February 2022, Kibali Goldmines SA, which owns and operates the Kibali gold mine in the Democratic Republic of the Congo, received fifteen claims from the Direction Générale des Douanes et Accises (“Customs Authority”) concerning customs duties. The Customs Authority claims that incorrect import duty tariffs have been applied to the importation of certain consumables and equipment for the Kibali gold mine. In addition, they claim that the exemption available to Kibali Goldmines SA, which was granted in relation to the original mining lease, no longer applies. Finally, the Customs Authority claims that a service fee paid on the exportation of gold was paid to the wrong government body. The claims, including substantial penalties and interest, total $339 million.

Five of these claims, totalling $256 million, have been closed and we await closure minutes, before settling $4.5 million. However, discussions are ongoing on the remaining $83 million, dealing with a 1% service fee on gold sales, which is being claimed by two different departments. Based on discussions with the minister of finance we anticipate to settle for no more than $8 million and therefore a total provision of $12.5 million was raised for these customs matters. The provision of $12.5 million is booked within accruals and other liabilities.

F - 129

Table of Contents


24.     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 Dec31 Dec31 Dec
202220212020
US$’000US$’000US$’000
Summarised statement of financial position
Current assets
Cash and cash equivalents5,384 3,485 1,630 
Other current assets (excluding cash)8,962 3,675 1,703 
Total current assets14,346 7,160 3,333 
Other current liabilities (including trade payables)(4,186)(1,846)(2,149)
Total current liabilities(4,186)(1,846)(2,149)
Non-current
Assets42,115 38,148 44,552 
Financial liabilities(51,748)(43,249)(45,248)
Net assets527 213 488 
Summarised statement of comprehensive income
Operating profit/(loss)288 268 
Interest income3,139 3,167 3,562 
Interest expense(3,113)(2,965)(3,352)
Profit and total comprehensive income for the period314 205 478 
Dividends received from joint venture— 480 131 
 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
Reconciliation of the summarised financial information presented to the carrying amount of the group's interest in KAS
Opening net assets at 1 January213 488 141 
Profit for the period314 205 478 
Dividends received— (480)(131)
Closing net assets at 31 December527 213 488 
Interest in joint venture at 50.1%264 107 244 

Profit for the period at 50.1%
157 103 239 




Funding classified as long term debt by joint venture recorded in ‘other investments in joint ventures’
25,990 21,669 23,096 
Carrying value26,254 21,776 23,340 


The loan to KAS bears interest at 8% and has no fixed repayment terms. Joint control is provided through a joint venture agreement.





F - 130


Table of Contents
27.

25.    RELATED PARTIES AND RELATED PARTY TRANSACTIONS
Related partiesNature of relationship
Barrick Gold (Holdings) LimitedUltimate Joint Venture partner
AngloGold AshantiUltimate Joint Venture partner
AngloGold Ashanti Holdings plcJoint Venture partner
Barrick Gold (Kibali) LimitedJoint Venture partner
Barrick Gold (Congo) SPRLEntity under common control (subsidiary of Barrick)
Société des Mines de Loulo SAEntity under common control (subsidiary of Barrick)
Société des Mines de Tongon SAEntity under common control (subsidiary of Barrick)
Société des Mines de Gounkoto SAEntity under common control (subsidiary of Barrick)
Société des Mines de Morila SAEntity under common control (subsidiary of Barrick)
Rand Refinery (Pty) LimitedAssociate of AngloGold Ashanti
SOKIMOGovernment interest in Kibali
KASJoint Venture
Isiro (Jersey) LimitedJoint Venture of Barrick
KGL Isiro SARL
Subsidiary of Isiro (Jersey) Limited





31 Dec31 Dec31 Dec
202220212020
31 Dec 2019
 31 Dec 2018
 31 Dec 2017
US$’000US$’000US$’000
$’000
 $’000
 $’000
Related party transactions     Related party transactions
Dividend paid to SOKIMODividend paid to SOKIMO9,000 20,000 — 
Management fee paid to Barrick Gold (Holdings) Ltd4,563
 4,478
 4,385
Management fee paid to Barrick Gold (Holdings) Ltd7,036 6,216 4,668 
Refining fees to Rand Refinery (Pty) Limited3,444
 3,957
 3,632
Refining fees to Rand Refinery (Pty) Limited313 4,789 5,818 
Interest received from SOKIMO1,697
 1,446
 1,097
Interest income from SOKIMOInterest income from SOKIMO2,113 2,291 1,843 
Shareholders interest received from KAS1,294
 1,578
 1,846
Shareholders interest received from KAS1,400 1,469 1,494 
Interest incurred to KAS on the finance lease liability2,727
 3,359
 3,931
Interest incurred to KAS on the finance lease liability2,981 3,128 3,181 
Amounts included in trade and other receivables owing by related parties     
Amounts included in trade and other receivables owed from / (owing to) related partiesAmounts included in trade and other receivables owed from / (owing to) related parties
Rand Refinery (Pty) Limited26,580
 11,114
 30,457
Rand Refinery (Pty) Limited48,532 20,832 1,202 
Loan to SOKIMO22,090
 20,393
 18,827
Loan to SOKIMO28,010 25,897 23,933 
Loan to Barrick Gold (Congo) SPRL1,198
 616
 182
Loan to Barrick Gold (Congo) SPRL1,641 1,988 1,569 
Loan to Barrick Gold (Holdings) Ltd
 
 
Loan to KGL Isiro SARL163
 97
 64
Loan to KGL Isiro SARL

208 202 172 
Loan to Société des Mines de Loulo SA3
 22
 4
Loan to Société des Mines de Tongon SA133
 32
 41
Loan (from) / to Société des Mines de Loulo SALoan (from) / to Société des Mines de Loulo SA(95)— (1)
Loan (from) / to Société des Mines de Tongon SALoan (from) / to Société des Mines de Tongon SA(34)(29)(254)
Loan to Société des Mines de Gounkoto SA
 
 
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     Amounts included in other investment in joint venture owing by related parties
Loan to KAS20 792
 21,479
 25,557
Loan to KAS25,990 21,669 23,096 
Amounts included in loans and borrowings owed to related parties     
Loan from Barrick Gold (Holdings) Ltd(1,507) (1,526) (860)
Loan to/(from) Barrick Gold (Holdings) LtdLoan to/(from) Barrick Gold (Holdings) Ltd(21,301)(1,839)186 
Finance lease liability with KAS(39,681) (38,890) (47,946)Finance lease liability with KAS(44,690)(35,187)(41,524)


SOKIMO has a 10% interest in Kibali, Goldmines SA, a subsidiary of the group.


The key management personnel are considered to be the board of Kibali and Kibali (Jersey) Limited. None of the directors receive any remuneration for performing their director duties.

F - 131

Table of Contents



27.25. RELATED PARTIES AND RELATED PARTY TRANSACTIONS (CONTINUED)


Rand Refinery (Pty) Limited (Rand Refinery) is an associate of AngloGold Ashanti. Kibali Goldmines SA has incurred refining costs of US$3.40.3 million in the year (2018:(2021: US$3.94.8 million) (2017:(2020: US$3.65.8 million). US$1 123m (2018:328 million (2021: US$1 041469 million) (2017:(2020: US$7551 440 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, Barrick 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 1312 and 1716 for the details of loans to and from related parties.




28.
26.    SUBSIDIARIES AND NON-CONTROLLING INTERESTS


The consolidated financial statements include the accountsresults of the Company and all of its subsidiaries and jointly controlled entities at 31 December 2019.2022. The Company, the principal subsidiaries and their interests are:




% of interest
Country of
incorporation and
residence
CompanyInterestincorporation
and
residence
CompanyKibali (Jersey) LtdJersey
SubsidiaryBorder Energy East Africa (Pty) Ltd100100%%Uganda
SubsidiaryMoto (Jersey) 1 Ltd100100%%
Jersey



SubsidiaryKibali 2 (Jersey) Ltd100100%%Jersey
Subsidiary0858065 B.C. Limited100100%%Canada
SubsidiaryMoto Goldmines Australia Pty Ltd100100%%Australia
SubsidiaryKibali Goldmines SA9090%%DRC
Jointly controlled entityKAS 1 Limited50.150.1%%Jersey


29.    
F - 132

Table of Contents
27.SUBSEQUENT EVENTS


New diseases and epidemics may adversely impact Kibali’s businessNo significant subsequent events requiring disclosure or adjustment occurred.
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.

29.    SUBSEQUENT EVENTS (CONTINUED)

The extent to which COVID-19 (or any other disease, epidemic or 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.


30.28.    OTHER INFORMATION


The Company is a private company limited by shares, incorporated in Jersey with its registered office at 3rd Floor, Unity Chambers, 28 Halkett Street, St Helier, Jersey, JE2 4WJ, Channel Islands. The Company’s principal activity is the operation of the Kibali gold mine in the DRC.



F - 133


Table of Contents
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 2017Filed herewith
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 on 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)4.1 to AngloGold Ashanti Limited and AngloGold Ashanti Holdings plc’s Registration Statementreport on Form 8-A6-K (Nos. 001-14846 and 001-34725) filed with the Securities and Exchange Commission on 28 April 20101 October 2020
Exhibit 19.2.4Incorporated by reference to Exhibit 4.1 to
AngloGold Ashanti Limited’sLimited and AngloGold
Ashanti Holdings plc’s
report on Form 6-K (No. 001-14846) furnished to
(Nos. 001-14846 and 001-34725) filed with
the
Securities and Exchange Commission on 30 July 201222
October 2021
Exhibit 19.2.5Filed herewith
Exhibit 19.2.6Incorporated 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 towith the Securities and Exchange Commission on 25 March 202014 May 2009
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 Number19.4.1.3
Description

RemarksFiled herewith
Exhibit 19.4.4.319.4.4.1

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

Filed herewith
E - 1

Table of Contents
Exhibit NumberDescriptionRemarks
Exhibit 19.4.5.1Incorporated by reference to Exhibit 19.4.5.6 to AngloGold Ashanti Limited’s reportAnnual Report on Form 6-K20-F (No. 001-14846) furnished tofiled with the Securities and Exchange Commission on 25 February 2019

30 March 2022
Exhibit 19.4.4.5

19.4.5.2
Incorporated by reference to AngloGold Ashanti Limited’s report on Form 6-K (No. 001-14846) furnished to the Securities and Exchange Commission on 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
Exhibit 99.1 to
AngloGold Ashanti Limited’s
report on Form 6-K (No. 001-14846) furnished to filed with
the Securities and Exchange Commission on 8 October 20144 May 2021
Exhibit 19.4.5.219.4.5.3Incorporated by reference to
Exhibit 99.2 to
AngloGold Ashanti Limited’s
report on Form 6-K (No. 001-14846) furnished to filed with
the Securities and Exchange Commission on 12 February 2019
4 May 2021
Exhibit 19.4.5.4Filed herewith
Exhibit 19.4.5.5Filed herewith
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 19.8Filed herewith
Exhibit 19.12.1Filed herewith
Exhibit 19.12.2Filed herewith
Exhibit 19.13Filed herewith
Exhibit 19.15.1Filed herewith
Exhibit 19.15.2Filed herewith


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)
Exhibit 19.15.3
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
Consent of Chairperson of the South African operations was announced on 12 February 2020.Mineral Resource and Mineral Reserve Leadership Team
Filed herewith
E - 2

Table of Contents
(2)
Exhibit Number
Owner of the Sunrise Dam operation and the Tropicana joint operation in Australia.DescriptionRemarks
Exhibit 19.15.4Operates the Obuasi mine in Ghana.Filed herewith
Exhibit 19.15.5Owner of Kibali Goldmines S.A. which operates the Kibali mine in the Democratic Republic of the Congo.Filed herewith
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.Exhibit 19.15.6I have reviewed this annual report on Form 20-FFiled herewith
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.Exhibit 19.15.7Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, resultsFiled herewith
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.Exhibit 19.15.8All significant deficiencies and material weaknesses in the design or operationFiled herewith
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
Exhibit 19.15.9Filed herewith
Exhibit 19.16Filed herewith
Exhibit 19.17Filed herewith




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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)Table 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.Contents







/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




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

G A Doran
Name:Gillian Ann Doran
NameTitle:Kandimathie Christine Ramon
Title:Chief Financial Officer
Date:17 March 27, 20202023








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