26. NON-CONTROLLING INTEREST
As at September 30, 2023, the non-controlling interest (“NCI”) of the State of Burkina Faso, which represents a 10% interest in Roxgold SANU S.A. totaled $3.6 million. The income attributable to the NCI for the three and nine months ended September 30, 2023, totaling $0.7 million and $2.6 million, respectively, is based on the net income for Yaramoko.
As at September 30, 2023, the NCI of the State of Côte d’Ivoire, which represents a 10% interest in Roxgold Sango S.A. totaled $43.8 million. The income attributable to the NCI for the three and nine months ended September 30, 2023, totaling $2.7 million and $2.2 million, respectively, is based on the net income for Séguéla.
27. CONTINGENCIES AND CAPITAL COMMITMENTS
(a) Caylloma Letter of Guarantee
The Caylloma mine closure plan, as amended, that was in effect in January 2021, included total undiscounted closure costs of $18.2 million, which consisted of progressive closure activities of $6.2 million, final closure activities of $9.8 million, and post closure activities of $2.3 million pursuant to the terms of the Mine Closing Law.
Under the terms of the current Mine Closing Law, the Company is required to provide the Peruvian Government with a guarantee in respect of the Caylloma mine closure plan as it relates to final closure activities and post-closure activities and related taxes. In 2023, the Company provided a bank letter of guarantee of $11.8 million to the Peruvian Government in respect of such closure costs and taxes.
(b) San Jose Letter of Guarantee
The Company has established three letters of guarantee in the aggregate amount of $0.8 million to fulfill its environmental obligations under the terms and conditions of the Environmental Impact Statements issued by the Secretaria de Medio Ambiente y Recursos Naturales (“SEMARNAT”) in 2009 in respect of the construction of the San Jose mine, and in 2017 and 2020 with respect to the expansion of the dry stack tailings facility at the San Jose mine. The letters of guarantee expire on December 31, 2023, March 5, 2024, and September 17, 2024, respectively.
(c) Other Commitments
As at September 30, 2023, the Company had capital commitments of $13.5 million, $1.1 million and $0.4 million for civil work, equipment purchases and other services at the Lindero, Caylloma and San Jose mines, respectively, which are expected to be expended within one year.
Côte d’Ivoire
The Company entered into an agreement with a service provider at the Séguéla mine wherein if the Company terminates the agreement prior to the end of its term, in November 2026, the Company would be required to make an early termination payment, which is reduced monthly over 48 months. If the Company had terminated the agreement on September 30, 2023, and elected not to purchase the service provider’s equipment, it would have been subject to an early termination payment of $17.2 million. If the Company had terminated the agreement on September 30, 2023, and elected to purchase the service provider’s equipment, the early termination amount would be adjusted to exclude equipment depreciation and demobilization of equipment, and only include portion of the monthly management fee and demobilization of personnel.