Professional Documents
Culture Documents
mining guide
KPMG Global Mining Institute
February 2016
kpmg.com/miningamericas
1
Table of
Executive summary
Country snapshot 3
Type of government
4
5
Economy and fiscal policy 6
Fraser institute rankings 8
Regulatory environment 9
Sustainability and environment 11
Taxation 12
Stability agreements 14
Power supply 18
Infrastructure development 20
Labor relations and employment 21
Inbound and outbound investment 22
Key commodities – production and reserves 23
Major mining companies in Peru 25
Further insight from KPMG 27
KPMg global mining practice 28
Mining centers 29
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Peru | Country mining guide 1
Executive summary
Peru is the world’s third largest producer in December 2014 to 186,450 tonnes for doing business, ranking second
of copper, after Chile and China, and in December 2015. The Mining and in the Latin American region in World
holds the third-largest copper reserves. Energy Minister, Rosa Ortiz, estimated Bank’s Doing Business 2016.
Peru is also the third largest producer of that the increased production from
silver in the world, and the sixth largest the expansions of the Toromocho,
producer of gold. The country also Constancia and Cerro Verde mines
A long way to go
has significant reserves of coal, iron would enable the country to produce an Peru currently ranks in the middle of
ore, silver, tin, sulfur and zinc. Mineral estimated 2.5 million tonnes of copper World Bank’s ease of doing business
exports account for approximately in 2016. Foreign direct investment (FDI) rankings. The Humala government is
60 percent of Peru’s total shipments has been entering the country, of which willing to introduce more structural
abroad. the Mining sector contributes over reforms in the country to bolster the
24 percent. As of October 2015, mining economic growth of Peru. Ground
Given its strong mining potential, Peru investment reached US$6.5 billion transportation and electric power
has been attracting the world’s major and is expected to reach US$7.5 billion infrastructure is expensive and difficult
mining companies to expand activities by the end of 2015. Since investment to build due to the presence of the
in the country. According to the activity in Peru has been driven by Andes Mountains and the Amazon
Ministry of Energy and Mines (MINEM), the Private sector in recent years, jungle. The country’s environment is
copper production in Peru increased the country is displaying a growing sensitive with its citizens being even
by 64 percent from 113,700 tonnes commitment to become a good place more sensitive toward protecting it.
Peru
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2 Peru | Country mining guide
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Peru | Country mining guide 3
Country snapshot
Peru1, 2
Geography The Republic of Peru, commonly known as Peru, is the 20th
largest country in the world and the third largest in South
America, after Brazil and Argentina.
—— S/ 3.1390 : US$1
—— S/ 3.4805 : EUR15
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4 Peru | Country mining guide
ranking, which
included 12 countries Value of Indexa Global Rankb Regional Rankc
from the South 2010–2014 2015–2019 2010–2014 2015–2019 2010–2014 2015–2019
American region. 6.09 6.42 48 48 5 5
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Peru | Country mining guide 5
Type of government
Peru is a constitutional Peru’s Congress comprises
130 members, and can be dissolved
republic. The president once during a presidential term. Peru’s
is directly elected for a 25 regions and 1 province constitute
its administrative divisions under civil
five-year term and may law. The provincial capitals have Courts
not be re-elected to a of first instance and the Supreme
Court is situated in Lima. The judges
second consecutive of Supreme Court are proposed by the
term. As the head National Council of the Judiciary or
National Judicial Council, nominated
of the state and the by the president, and confirmed by the
Congress.7, 8
government, the
president appoints a
council of ministers.
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6 Peru | Country mining guide
Economy and
fiscal policy
Mineral resources are found in the country into a challenging phase as it
mountainous and coastal areas of witnessed a corresponding decline
Peru with the coastal waters proving in domestic confidence and fewer
excellent fishing grounds. Peru is investments. The Fishing industry has
the world’s third largest producer of been affected by the adverse weather
silver and third largest producer of conditions in the country.
copper. High prices for Peru’s metals
and minerals exports persist in the Peru has followed a steady path of fiscal
international market, accounting for consolidation since it barely avoided
major growth in the country’s economy. bankruptcy in 1998, by signing an
The exports of metals and minerals agreement with the IMF. The economy’s
account for approximately 60 percent of overall stable and strong performance,
the country’s total exports. The Peruvian among the Latin American counterparts,
economy is vulnerable to fluctuations has allowed the government to
in world prices, despite strong increase its revenues and, therefore,
macroeconomic performance, due to to balance the budget. Despite the
dependence on minerals and metals fact that government consumption has
exports and imported foodstuffs. expanded faster than the country’s
GDP during 2004–2014, the Humala
Peru has been one of the fastest administration is committed to fiscal
growing economies in Latin America responsibility while simultaneously
over the past decade. Backed by aiming at promoting social development
favorable external environment, prudent and productive public investment.
macroeconomic policies, and structural
reforms in different areas, the country In the first two quarters of 2015, the
achieved an average GDP growth rate economy grew by 2.4 percent, which
of 6.1 percent between 2005 and 2014. included an expansion of 6.5 percent
In 2010, the first year after the global in the third quarter, led by strong
downturn, Peru’s economy grew a domestic demand. Peru’s GDP growth
remarkable 8.5 percent. Growth started for 2015 is forecast at 3 percent and
slowing down in 2014 due to adverse 2016 forecast at 4.7 percent by Peru’s
external conditions, prompting the Finance Minister Alonso Segura in
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Peru | Country mining guide 7
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8 Peru | Country mining guide
50
—— Size of government – 0.65 0.7
on a scale of 100
Note *: The Policy Perception Index is a composite index that measures the effects on exploration of government policies
Note**: The Current Mineral Potential index is based on respondents’ answers to the question about whether or not a
jurisdiction’s mineral potential under the current policy environment encourages or discourages exploration. It assumes
current regulations and land use restrictions.
Note***: The Best Practices Mineral Potential Index is based on respondents’ answers to the question about mineral potential
of jurisdictions, assuming their policies are based on “best practices.” It assumes no land use restrictions in place and the
industry “best practices”.
15 Economic Freedom of the World 2015 Annual Report, Free the World, September 2015
16 Survey of Mining Companies: 2014, Fraser Institute Annual
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Peru | Country mining guide 9
Regulatory environment
Peru’s Mining industry is primarily INGEMMET issues mining concessions Prior Consultation Law, which defines
regulated by mining laws and and keeps registers of all issued mining the public participation process that
regulations enacted by Peruvian concessions, as well as controlling the must be conducted before the approval
Congress and the executive branch of payments of the Good Standing Fees of a project that may have an impact on
government. The General Mining Law and Penalties due every year. It also indigenous people.
was approved in 1992, with the aim administers the mining concessions
of attracting foreign investment in the cadaster and conducts geological In Peru, nationals and foreigners are
sector. The law regulates nine different surveys. subject to the same set of rules and
mining activities: reconnaissance; regulations concerning the Mining
prospecting; exploration; exploitation The General Directorate of Mining industry.
(mining); general labor; beneficiation; (DGM), a body of MINEM, grants
The Environmental
commercialization; mineral
Assessment and Oversight
transport and mineral storage The Ministry of Energy and Agency (OEFA), a body of the
outside a mining facility.
However, since 2000, a Mines (MINEM), a principal Ministry of the Environment,
is in charge of auditing
number of countervailing central government body in compliance with environmental
laws have been enacted
that focus on sustainable Peru, has the authority to regulation of all mining projects
and operations.
development. regulate mining activities
The General Directorate of
The Ministry of Energy within the Peruvian territory. Mining Environmental Affairs
and Mines (MINEM), a
(DGAAM), a body of MINEM,
principal central government body authorization to start exploration and
grants environmental certifications for
in Peru, has the authority to regulate exploitation projects. It also issues
the Mining sector in Peru. As of July
mining activities within the Peruvian concessions for the following activities
2015, the Environmental Certification
territory. MINEM also grants mining regulated under the General Mining
National Service (SENACE), a body of
concessions to local or foreign Law: general labor, beneficiation and
the Ministry of the Environment, grants
individuals or legal entities, through mineral transport.
environmental certifications for projects
a specialized body called The Institute
One of the other laws that are that require a Detailed Environmental
of Geology, Mining and Metallurgy
applicable to the Mining industry is the Impact Assessment (EIAd).
(INGEMMET).
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10 Peru | Country mining guide
17 Peru Mining Law, International Comparative Legal Guides, August 24, 2015
18 Peru slashes environmental protections to attract more mining investment, Mongabay News, July 23, 2014
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Peru | Country mining guide 11
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12 Peru | Country mining guide
Taxation
As per World Bank’s The National Superintendence of
Customs and Tax Administrations
Royalties
date information on a series of tax reforms, which aim The law also defines the distribution
to reduce the corporate income tax
employees.24 to 26 percent by 2019. The tax rate
of royalties to the provinces in the
following manner:
on dividends is 6.8 percent; and on
interest is 4.99 percent under specific —— Local governments of the districts in
conditions otherwise 30 percent. which the mining exploitation occurs
Mining companies pay the standard receive 20 percent of royalties, of
corporate tax on income. In addition to which 50 percent goes to the local
the corporate income tax, the mining communities located near the mine.
companies pay royalties. 25, 26
—— The government of the province in
which mining takes place receives
20 percent.27, 28
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Peru | Country mining guide 13
—— Taxation exemption: Investors who SMT and SML charges are assessed by
undertake large mining operations multiplying an effective rate specifically
may enter into tax law stability assessed for each charge by the
agreements with the government “quarterly operational profits.”29, 30
for periods of ten and fifteen years.
Tax stability would include taxes In September 2011, an additional charge
known as “impuestos.” No taxes was levied on companies with stability
created subsequently to the date of agreements, which was known as
execution of the stability agreement Special Mining Contribution (SMC), with
shall be applicable. rates of 4–13.12 percent on quarterly
net operating profits.31
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14 Peru | Country mining guide
Stability agreements
Stability agreements general regime
Leg. Decree 662–757
48
Global Rankb
2010–2014
6.42
Value of Indexa
2010–2014
6.09
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Peru | Country mining guide 15
The following guaranties are granted for a period of 10 years: The following guaranties are granted for a period of
15 years:
1. Stability of the tax regime in force at the time of approval
of the investment program (tax contributions and 1. Stability of the tax regime in force at the time of
charges not include). approval of the investment program (tax contributions
and charges not include).
a) The stability is applicable to all taxes (except to tax a) The stability is applicable to all taxes (except for tax
contributions and charges) and not only to Income contributions and charges) and not only to Income
Tax. If during the stability term new taxes were Tax. If during the stability term new taxes were
created, these will not be applicable. If stabilized created, these will not be applicable. If stabilized
taxes are derogated during the stability term, the taxes are derogated during the stability term, the
referred derogation will be also inapplicable. referred derogation will be also inapplicable.
The stability is applicable only to the profits or losses The stability is applicable only to the profits or
from mining activities carried out in the properties losses from the mining activities carried out in the
included in the contract signed with Peruvian properties included in the contract signed with
Government. Peruvian Government.
In case the beneficiary has other mining properties In case the beneficiary has other mining properties
which are not included in the referred contract, the which are not included in the referred contract, the
profits or losses from the activities carried out in profits or losses from the activities carried out in
those properties have to be registered in different those properties have to be registered in different
accounts for tax purposes. accounts for tax purposes.
b) In case of Income Tax, the stabilized rate is b) In case of Income Tax, the stabilized rate is
equivalent to the rate in force at the time of approval equivalent to the rate in force at the time of approval
of the investment program increased in 2% of the investment program increased in 2%
(30%+2%: 32%). (30%+2%: 32%).
c) No benefits of accelerated depreciation. c) Accelerated Depreciation. A maximum annual
rate depreciation of 20% could be applicable to all
fixed assets (including machineries and industrial
equipment which are already subject to this rate). In
case of real estate properties, the maximum annual
rate of depreciation is 5% (the current rate is 3%).
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16 Peru | Country mining guide
d) N/A.
e) N/A.
5. N/A.
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Peru | Country mining guide 17
3. Free disposition of currency generated by export 3. Free disposition of currency generated by export
operations. operations.
4. Non-discrimination for foreign currency exchange in 4. Non-discrimination for foreign currency exchange in
export operations. export operations.
5. Stability of legal mining regime related to administrative 5. Stability of legal mining regime related to administrative
rights and obligations applicable to the owner of rights and obligations applicable to the owner of
mining properties, i.e. mining royalties and “derecho mining properties, i.e. mining royalties and “derecho
de vigencia” (administrative charge paid to Peruvian de vigencia” (administrative charge paid to Peruvian
Government in order to keep the ownership of mining Government in order to keep the ownership of mining
properties). properties).
If during the stability term new administrative charges If during the stability term new administrative charges
were created or the rates of those which already exist were created or the rates of those which already exist
are increased, these changes will not be applicable. are increased, these changes will not be applicable.
6. N/A. 6. N/A.
7. Accounting in foreign currency is not allowed. 7. Accounting in foreign currency may be requested.
If this is the case it will only allowed for minimum
periods of 5 years.
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18 Peru | Country mining guide
Power supply
In December 2015, MINEM projected the investments in
Energy sector to reach US$8.1 billion
Energy generated from non-
conventional renewable sources
MINEM informed in 2014, bolstering the country’s (excluding hydro) accounted for
that Peru is still an development and competitiveness. In
January 2014, the ministry asked the
3 percent of the total electricity
generated in 2014 and is expected
attractive country for Private Investment Promotion Agency to reach 5 percent in 2015. To reach
mining and energy (ProInversion) to move ahead with
projects worth US$7.3 billion, with an
the required 5 percent, the country
will need to install 400 MW of new
investments, as additional US$800 million in investment capacity, distributing it between wind,
recognized abroad. expected for rural electrification
projects.33
solar, and biomass.
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Peru | Country mining guide 19
The tender for new RER auction for comprising 1.4 GW of thermal gas Mr. Eleodoro Mayorga, the installed
up to 1,750 GWh of energy a year and diesel generation in the ‘Southern capacity in Peru stood at less than
was launched in September 2015, Energy Node’; 200 megawatt (MW) eight gigawatt (GW) as of 2014 and
and is expected to attract significant at the Quillabamba thermal gas plant; will need to be doubled by 2024 to
participation from international and 2.4 GW in hydro projects until 2018; and meet the growing energy demand.
domestic firms. The tender contains 1.2 GW of new hydro projects in a long- Business Monitor International
20-year PPAs scheduled to be awarded awaited tender process by ProInversion. expects the total electricity capacity
in January 2016 and and generation to grow by
plants to come online by an annual average of 5.4
December 2018. The Vice Minister of Energy, percent and 6.5 percent,
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20 Peru | Country mining guide
Infrastructure
development
Peru’s future economic Peru’s Minister of Economy and
Finance, Mr. Alonso Segura expects
which will be built in the nearby town of
Chinchero for US$658 million.
growth depends the Infrastructure sector to surpass the
The Association for the Promotion
on the growth of Mining sector as the main driver of new
investments in 2016. of National Infrastructure (AFIN) has
infrastructure. In early listed several large plans that are
In May 2015, the Peruvian government expected to be tendered and awarded
2015, Credit Suisse announced that it will finance between 2014 and 2018. These include
estimated that Peru $113 billion worth of infrastructural four additional subway lines for Lima,
projects together with the regional amounting to 86 kilometers in length;
has the potential to and local governments in partnership the five sections of the Longitudinal de
reach a growth rate with private companies, which will help La Sierra highway, three of which will
reduce the infrastructure gap (calculated be tendered under PPP agreements;
of 5.6 percent in at between 40 percent and 50 percent the northern Peru gas pipeline; and
2016, primarily due of GDP between US$85 billion and 6000 MW of electricity generation
US$106 billion).39, 40 capacity expected from new dams.
to investment in AFIN estimates that these projects will
Peru’s government is determined to
infrastructural projects reduce this gap by adopting public
represent between US$15 billion and
US$16.7 billion of PPP contracts to be
in mining, roads, private partnership (PPP) infrastructure awarded per year over the four years
projects. The annual amount of
and facilities, among investment directed toward the
under the state concession program.41
39 Peru allocates US$ 113 billion into infrastructure projects, May 21, 2015
40 Peru’s Alonso Segura sees infrastructure as the new growth driver, September 22, 2015
41 PPPs are driving up FDI and improving efficiency, Oxford Business Group, 2015
42 Foreign Investment Fuels Peru’s Mining Industry, March 12, 2014
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Peru | Country mining guide 21
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22 Peru | Country mining guide
11 10 10
9 9
Investment flow ($ billion)
9 8 8 8 8 8
7 7
7 6
3
1
1 –1 0 0 0 0 0 0 0 0 0 0 0
–1
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
–3
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Peru | Country mining guide 23
Key commodities –
production and reserves
Copper production (in thousand tonnes) Level of production
20,000 8.20%
Peru is the world’s third largest
18,000
7.86% 8.00% producer of copper, after Chile and
16,000 8.02%
14,000
China. According to MINEM, copper
7.70% 7.69% 7.80%
12,000 production in Peru increased by
7.54%
10,000 7.60% 64 percent from 113,700 tonnes
8,000 in December 2014 to 186,450
6,000 7.40% tonnes in December 2015. The
15,900 15,900 16,100 16,900 18,300 18,700
4,000 7.20% Mining and Energy Minister, Rosa
2,000 Ortiz, estimated that the increased
1,275 1,250 1,240 1,300 1,380 1,400
0 7.00% production from the expansions
2009 2010 2011 2012 2013 2014E
of the Toromocho, Constancia and
Peru World Percent of global reserves
Cerro Verde mines would enable the
Silver production (in tonnes) country to produce an estimated
32,000 19% 2.5 million tonnes of copper in 2016.
Peru is also the world’s third largest
28,000 18%
producer of silver after Mexico and
24,000
17.66% 17% China; output in December 2015 was
15.76%
20,000 13.10 million ounces, an increase of
16%
16,000 14.64% 19 percent over December 2014.
14.12% 15%
12,000 13.65% Peru is the currently the sixth
14%
8,000 largest producer of gold, after China,
21,800 23,100 23,300 25,500 26,000 26,100 13% Australia, the US, Russia, and South
4,000
3,850 3,640 3,410 3,480 3,670 3,700 Africa. The gold production declined
0 12%
2009 2010 2011 2012 2013 2014E by 7.8 percent in December 2015 to
Peru World Percent of global reserves 378,605 ounces.54, 55, 56
54 Peru’s metal output rises in December, gold, zinc and tin output drops – January 28, 2016
55 Huge boost in Peru’s copper production to drive 2016 growth – December 22, 2015
56 US Geological Survey – gold, copper, silver, zinc, lead – February 3, 2016
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24 Peru | Country mining guide
10.00%
5,000
4,000 8.00%
6.33%
7.82%
3,000
6.00%
4.89% 4.82% 4.85%
2,000
4.00%
1,000 3,860 4,140 4,700 5,170 5,490 5,460
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Peru | Country mining guide 25
operating in Peru in the following industry sectors: Aluminum; Diversified Metals and Mining; Gold;
Precious Metals and Minerals and Steel and Silver
— The list was filtered to exclude domestic Peruvian corporations with revenue less than US$100 million
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26 Peru | Country mining guide
Commercial
Commercialbegins
exploitation
exploitation begins
Expansion of
Expansion
mine of
and plant
Evaluate country Permit and license mine and plant
Evaluate
risks and country
market Permit and license
applications
risks and market
opportunities applications
opportunities Preliminary
Preliminary
Economic
Prospecting rights Economic
Assessment (PEA) Construction of
Prospecting Construction of Closure of
application rights Assessment (PEA) infrastructure Closure
application Competent infrastructure mine andofplant
and plant mine and plant
Search for Competent
persons report and plant
Design and Search for
commercially persons report
Design and
implement commercially Ongoing
implement exploitable Ongoing
market exploitable
resources rehabilitation
market
strategy resources rehabilitation
strategy
Bankable feasibility
Bankable feasibility
study (BFS)
study (BFS)
Pre-feasibility study
Pre-feasibility study
Time
Source: KPMG International, 2012. Note: (1) Estimated duration of stage in the mining asset life cycle Time
Source: KPMG International, 2012. Note: (1) Estimated duration of stage in the mining asset life cycle
Asset life cycle
(2) Reflects key activities only at each stage of the mining asset life cycle
(2) Reflects key activities only at each stage of the mining asset life cycle
Asset
Expansion Exploration Evaluation Development Production Closure
life cycle 1-2 years1
KPMG's
2-10 years
1
Asset
mining life
strategy
1
cycle
service offerings
3-6 years
1
1-3 years 10-50 years1 1-10 years1
Asset
Expansion Exploration Evaluation Development Production Closure
Your mining asset life cycle – How KPMG can help
life cycle 1-2 years1 2-10 years1 3-6 years1 1-3 years1 10-50 years1 1-10 years1
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Peru | Country mining guide 27
the industry and will periodically publish It is said that the premium relates to “optionality” and other
more intangible factors including, for example, a strong
a series of insightful articles authored by
and global workforce. Our analysis of talent management Third Quarter 2015
kpmg.ca
This quarterly publication provides a
strategies highlights the benefits of having detailed, long-term current snapshot of the M&A market,
output targets and matching resource needs accordingly. providing a review of select key
transactions while focusing on the
Global Metals Outlook 2015 rationale behind those deals as trends
Global Metals
take shape. It highlights Canadian
Outlook
kpmg.com/metals
The past few years have been transactions, but set in the context
challenging for many metals of global M&A deals and trends.
organizations. Overcapacity and
sagging iron ore prices have led to
heightened pressure and intense
competition. Not surprisingly,
everyone is looking for new growth
opportunities while – at the same
time – remaining keenly focused on reducing costs.
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28 Peru | Country mining guide
KPMG global
mining practice
KPMG member firms’ mining clients network. They are a direct response to
operate in many countries and have the rapidly evolving mining sector and
a diverse range of needs. In each of the resultant challenges that industry
these countries, we have local practices players face.
that understand the mining industry’s
challenges, regulatory requirements Located in or near areas that traditionally
and preferred practices. have high levels of mining activity, we
have centers in Melbourne, Brisbane,
It is this local knowledge, supported and Perth, Rio de Janeiro, Santiago,
coordinated through KPMG’s regional Toronto, Vancouver, Beijing, Moscow,
mining centers, which helps ensure Johannesburg, London, Denver,
our firms clients consistently receive Singapore and Mumbai. These centers
high-quality services and the best support mining companies around the
available advice tailored to their specific world, helping them to anticipate and
challenges, conditions, regulations and meet their business challenges.
markets. We offer global connectivity
through our 14 dedicated mining For more information, visit
centers in key locations around the kpmg.com/miningamericas
world, working together as one global
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Peru | Country mining guide 29
Mining centers
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Contact us
KPMG in Peru country contact
Juan José Córdova Juan Carlos Mejia
Mining Country Leader Director, Audit
Partner, Audit T: +51 16113000
T: +51 16113000 E: jcmejia@kpmg.com
E: jcordova@kpmg.com
Hiran Bhadra
Global Mining Leader –
Operational Excellence
T: +1 214 840 2291
E: hbhadra@kpmg.com
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or
entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as
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