Precious Metals Trade Handbook
Precious Metals Trade Handbook
Precious Metals Trade Handbook
Compiled by:
Ashok Damarupurshad
ii
Adv. S. Nogxina
Mr A. Mngomezulu
Chief-Director:
Mr S. Sikhosana
Director
Ms N. Van Averbeke
Mr. A J Harding
Mr A. Damarupurshad
WHEREAS THE GREATEST CARE HAS BEEN TAKEN IN THE COMPILATION OF THE
CONTENTS OF THIS PUBLICATION, THE DEPARTMENT: MINERALS AND ENERGY AND
THE COMPILER CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
iii
This (free) publication is a compilation of information from the various sources referenced,
which include trade publications, annual commodity reports and surveys, journals, books,
newspapers and the World Wide Web.
Whereas care has been taken in the compilation of the contents of this publication, the
Department of Minerals and Energy and the compiler cannot be held responsible for any
errors or omissions. Moreover, information herein is subject to change without notice.
It is also very important to note that this Handbook is for general information purposes only.
It does not purport to provide advice or legal analysis of the Mining Rights Act, 1967,
Precious Metals Bill, 2005 or Exchange Control regulations, nor can it substitute for the
careful reading of said pieces of legislation. It must also be noted that the Precious Metals
Bill, 2005 will repeal the Mining Rights Act when the former is enacted in 2006.
As a general-information compilation, nothing in this Handbook should be construed as a
solicitation to buy or sell any precious metal or any precious-metal-related instrument.
Professional or other appropriate advice should be sought before acting on any information
contained in this publication.
ISBN: 0-9584257-4-4
COPYRIGHT RESERVED
Department of Minerals & Energy, 2003-5
iv
ACKNOWLEDGEMENTS
The compiler is indebted to the following individuals and organisations for providing
information used in this publication:
Ms Jill Leyland and Ms Rhona O Connell (now of GFMS) of the World Gold
Council
SA Mint Company
Information was also gleaned from the websites and publications of the following
companies and organisations:
GoldAvenue
Johnson Matthey
Silver Institute
SA Reserve Bank
TABLE OF CONTENTS
TOPIC
Page
12
19
24
48
58
60
63
vi
PRECIOUS METALS
USE IN JEWELLERY
USE IN
TOTAL
METAL
MASS (tonnes)
JEWELLERY
FABRICATION
VALUE ($ billion)
(% OF TOTAL
(tonnes)
FABRICATION)
Gold
Platinum
Silver
Palladium
TOTAL
Sources:
2 610 (82)
$34.34
3 164
68.4 (33)
$1.86
204.7
7 698 (30)
$1.65
26 024
28.6 (14)
$0.21
205.3
10 405 (35)
$38.05
29 598
GOLD1
PHYSICAL CHARACTERISTICS
Gold is a unique precious metal. Its rich yellow golden colour, and its mental-imagery
association with the Sun is an integral part of its beauty and mystique.
Possessing a density of 19.3g/cm3, it is one of the densest metals known to man. As the World
Gold Council (WGC) illustrates: If the estimated 153 000 tonnes of gold mined over history
were melted into an equilateral cube, the length of a side of that cube would be a mere 19.7
metres!
Gold is, for all practical purposes, virtually indestructible. At 1 064C, its melting point is
also high. It does not corrode (except when treated with aqua regia), and besides some
minimal industrial and other losses, almost all the gold that has ever been mined is still in
existence in some form or other (World Gold Council, 2003).
It is ranked third behind silver and copper in terms of its electrical conductivity, and among
the metals it is the most resistant to tarnishing (World Gold Council, 2003).
Gold is the most malleable metal (it can be hammered into very thin sheets without structural
damage).
GOLDS INCORPOREAL CHARACTERISTICS
1. It is a monetary asset (can be monetised).
2. It is a store of value (a hedge against inflation).
3. It is a commodity and a fungible2 one at that (interchangeable, exchangeable and
standardised).
4. Displays counter-cyclical behaviour (zero correlated with stock markets and
negatively correlated with the most powerful financial instrument, the US dollar).
GOLD MINE PRODUCTION
The Egyptians, it is believed, mined gold, as long ago as pre-2000 BC. As stated above, over
history some 153 000 tonnes of gold have been mined. Currently, World production of gold is
about 2 470 tonnes a year and is expected to decline further from 2007. Gold is mined in over
1
2
Sourced largely from: The World Gold Councils Introducing Gold, May 2003
Allocated gold is regarded as non-fungible
60 countries, the largest producing countries in 2004, according to Gold Survey 2004
compiled by GFMS Ltd., were:
1. South Africa (344 tonnes or 14.0%),
2. USA (262 tonnes or 10.6%),
3. Australia (258 tonnes or 10.5%) and
4. China (217 tonnes or 8.8%).
The top four mining companies in 2004, according to GFMS, were:
1. Newmont of the USA (211.8 tonnes or 8.6%),
2. AngloGold of South Africa (182.2 tonnes or 7.4%),
3. Barrick Gold of Canada (154.2 tonnes or 6.3%) and
4. Gold Fields Limited of South Africa (128.5 tonnes or 5.2%).
Another South African company in the top ten (6th) in 2004 was:
6. Harmony (101.5 tonnes or 4.1%).
Gold mining grades are generally very low. In South Africa they are between 4 and 10 grams
per tonne, i.e., gold occurs in a concentration of 4 to 10 parts per million. At a grade of 4
grams per tonne, it would take about 8 tonnes of ore to produce one ounce of gold.
SOUTH AFRICA PAVED WITH GOLD
In the modern era, South Africa has dominated production of gold (largest producer from
1898 to present). The countrys history and development is inextricably linked with gold
mining. Johannesburg, its largest city, owes its existence to gold. Johannesburg is in fact the
second largest city (after Birmingham in the UK), not to have been built near a port, river or
lake.
In the early 1970s, South Africa was producing up to 1 000 tonnes of the metal per year, or
about 70% of World mine production. Currently the Republic produces about 344 tonnes, but
is still the Worlds largest producer. South Africa also has the deepest and some of the largest
gold mines in the World.
Despite this unrivalled golden heritage, general South Africa citizens are not allowed to own
unwrought or semi-fabricated gold, including bullion in all forms, except legal tender gold
bullion coins, which include the famous Krugerrand (discussed later).
Gold exports were South Africas predominant source of foreign exchange in the 1970s and
1980s (contributed more than 50% to foreign exchange revenue until 1983). Gold mining also
contributed significantly to the macro economy during this period; in 1980 it contributed 17%
to South Africas GDP. However, South Africas economy is much more diversified now, so
much so that the entire mining sector contributes only 7.1% to GDP and about 29% to South
Africas export revenue (from goods). The gold mining industry has contracted significantly,
but this has been outweighed by growth in the secondary and tertiary sectors of the economy,
which is characteristic of a progressing economy. Nevertheless, gold still contributes about
9.3% to export earnings (from goods) and a little over 2% to GDP. It currently makes up
about a fifth of South Africas gross reserves.
GOLD ORE BENEFICIATION3 AND THE PROCESSES OF SMELTING AND
REFINING
After gold-bearing ore has been extracted from surface or underground operations it
undergoes beneficiation. Beneficiation involves the following processes in sequence:
1. Crushing and milling (Comminuition),
2. Concentration of crushed ore by gravity techniques and flotation,
3. Extraction of gold from the ore concentrates.
After beneficiation of the ore, the processes of smelting and refining follow:
4. Smelting to a gold-rich dor (containing typically about 60-70% gold, and silver),
5. Casting of bars,
6. Refining of dor into gold bars containing 99.5% gold or more.
Beneficiation means the various processes, that involve upgrading, improvement, processing or
treatment of a primary ore by the removal or separation of impurities from the economic mineral/s or
metal/s. Strictly speaking, beneficiation means the treatment of ore to improve physical and chemical
properties in preparation for further processing, especially smelting.
MINING
CONCENTRATION
CRUSHING
& MILLING
ORE
EXTRACTION
OF GOLD-RICH
METALLICS FROM
ORE CONCENTRATES
OF CRUSHED ORE
BY GRAVITY TECHNIQUES
OR FLOTATION
SMELTING TO CASTING
OF
GOLD-RICH
DOR BARS
DOR
REFINING
TO
BULLION
BARS
MINING
ORE
BENEFICIATION
+ SMELTING
+ REFINING
BULLION
LEASING
SEMIFABRICATION
FABRICATION
JEWELLERY,
INDUSTRIAL
& COINAGE
BULLION
TRADING
INVESTMENT &
STORE OF VALUE
DISTRIBUTION
WHOLESALE
OR DIRECT
DISINVESTMENT
RETAIL
OF MANUFACTURED
ARTICLES
SCRAP
RECYCLING
CONSUMER
The physical demand for gold is made up of three main sectors, namely:
1. Jewellery (about 2 610.3 tonnes or 82.5%),
2. Industrial (about 411.4 tonnes or 13.0%) and
3. Investment (about 141.9 tonnes or 4.5%).
Jewellery Sector
Gold jewellery fabrication demand is dominated by
1. India (572.5 tonnes or 21.9%),
2. Italy (305.4 tonnes or 11.7%),
3. Turkey (241.2 tonnes or 9.2%), and
4. China (216.8 tonnes or 8.3%)
The largest gold jewellery consuming countries are:
1. India (517.5 tonnes),
2. United States (352 tonnes)
3. China (224.1 tonnes), and
4. Turkey (189.6 tonnes).
Industrial Sector
The industrial uses of gold are accounted for by Electronics (261.1 tonnes or 63.5%),
Dentistry (67.8 tonnes or 16.5%) and other industrial uses (82.5 tonnes or 20.0%).
Golds physical and chemical properties including: high electrical conductivity, high thermal
conductivity and resistance to corrosion make it indispensable in industrial applications. Gold
can be found in computer keyboard circuits, electrical contacts and mobile phones. Catalytic
applications are also attracting increasing interest.
4
Bullion refers to gold, silver and platinum in bulk trading form, e.g., bars, ingots & plate, rather than in
grain or sponge
5
Fabrication refers to the manufacturing of semi-finished or final products
Golds non-allergenic properties see it being used widely in dentistry. In medical applications,
its biocompatibility is becoming increasingly important.
Retail physical investment
Retail physical investment is made up of demand for coins and bars. In most countries this
represents an avenue for private individuals to buy gold. See the section on bullion coins, later
in this publication, for a more detailed discussion.
ABOVEGROUND STOCKS OF GOLD
According to Gold Fields Mineral services (GFMS) the aboveground stocks of gold totalled
an estimated 153 000 tonnes at the end of 2004, which is 61 times current annual mine
production. GFMS estimate that 53 200 tonnes of the aboveground stock (21 times current
annual mine production) is in bullion form, the bulk of which, about 29 100 tonnes, is held by
Central Banks and the balance (24 100 tonnes) is held by the private sector. According to the
WGC, if one includes the IMF, BIS and European Central Bank, the total in the official sector
is a over 32 000 tonnes.
GOLD AS A FORM OF MONEY
(Source: mainly from Introducing Gold, World Gold Council, 2003)
Gold is unique in that it is both a monetary asset and a commodity. As a commodity it is also
fungible, i.e., it is exchangeable, interchangeable, standardised and with a unit price set by the
market.
Central Bank reserve asset
Central banks have been substantial holders of gold for more than a century and are still
expected to maintain significant stocks in the foreseeable future. They currently account for
some 20% of aboveground stocks (WGC, 2003).
Over the last decade, the rebalancing of reserve portfolios and diversification has led to a
reduction in the amount of gold held by some central banks. This trend is expected to
continue for many years, but central banks have indicated that gold will remain an important
reserve asset.
Central banks began building up their stocks of gold from the 1880s, during the era of the
Gold Standard. Under this monetary system, in countries on the Gold Standard, the amount
of money in circulation was linked to the countrys gold stock, and paper money was
convertible into gold at a fixed price. This is different from the modern Fiat Money (such as
the Rand), which is inconvertible paper money established by government fiat (authorisation).
The World Gold Council outlined the following main reasons (heavily abridged and
modified), as to why central banks still hold gold (at least on their books):
Economic security: The value of currencies held in reserve, depend on the economic
policies of the issuing government. Gold does not suffer from defects in policy in
centres where it is held as a reserve.
Diversification: The fact that returns on gold tend to be negatively correlated with
other financial assets provides gold-containing portfolios with significant benefits.
Store of value: Historically, gold has maintained its purchasing power in real terms.
Reserve mobilisation: Gold plays a role in central bank reserve mobilisation in times
of need, usually by lending and swapping. GFMS estimated that about 3 500 tonnes
was out on loan in 2004. Gold is often used as a collateral for external borrowing.
Central Banks conduct many of their gold transactions discreetly and even secretly.
Mine production of gold currently amounts to about 2 500 tonnes per year. In 2004, primary
refined production was valued at $32.4 billion. If recycled scrap is added, then conventional
supply was worth some $43.3 billion last year (2004).
The global trade in gold consists of over the counter (OTC) trades, which are direct,
principal-to-principal transactions in spot, forward, options and other derivative products, and
exchange-traded futures and options (defined and discussed below).
The OTC market is flexible in contrast to the rigidity of exchange transactions; hence OTC
trading accounts for the much greater share of the global trade in gold.
Over the Counter (OTC)
The OTC market operates 24 hours a day around the World. The main centres for OTC
dealings are London, New York, and Zurich. Generally, mining companies and central banks
tend to transact their business through London and New York. The New York market also
services fabricators of jewellery and industrial products, and investment and speculative
business. Zurich specialises in supplying physical gold to fabricators of jewellery and
industrial products. However, bullion dealers tend to have offices around the World. The
major bullion dealers around the World are members of the London Bullion Market
Association (LBMA).
Most of the OTC trades are cleared through London, although the physical market itself is
distributed worldwide. Loco London, a term often used, refers to gold physically held in
London. The LBMA makes stringent specification for good delivery bars, especially in
terms of mass, fineness (gold content in parts per 1000) and mark (stamp of the official
melter or assayer).
The gold spot price always refers to the price of a London Good Delivery bar.
Price discovery: the London Fix
The price of gold is 'fixed' twice daily at 10.30 am and 3.00 pm (BST) in London. As of 5
May 2004, the morning and afternoon gold price fixing no longer takes place at the office of
NM Rothschild & Sons Ltd., and is now conducted over the telephone. The current members
of the fix are Deutsche Bank AG, HSBC Bank USA, Socit Gnrale and ScotiaMocatta
who now heads the gold price-fixing committee. Rothschilds is not a fixing member anymore
and their seat is in the process of being sold. Any other market participant wishing to trade
must do so through one of these five dealers. The fix is based on the original 1919 principle:
"The principle to be maintained with regard to the sale of gold in the free market in London is
that everyone attending the gold fixing is entitled to buy or sell gold on equal terms with
everyone else present It is also agreed that only one price shall be quoted and shall
represent the price at which all supplies can be absorbed".
Clients place orders with their counter-parties, who are either the five fixing members, or
another bullion dealer who will be in touch with a fixing member and the client himself while
the fixing proceeds. The fixing members net-off all orders before communicating their
9
individual net interest at the fixing. The fix begins with a suggested trying price, reflecting
the market price prevailing at the opening of the fix. This price is relayed by the fixing
members to their dealing rooms who are themselves in touch with all interested parties. Any
market participant may enter the fixing process at any time, or adjust or withdraw his order
according to his/her view of the price relayed. The gold price is adjusted either up or down
until all the buy and sell orders are matched and the price is declared fixed. Sometimes, if it is
impossible to strike a balance, the price will be fixed at the discretion of the Chairman, an
event called fixing on discretion. All fixing orders are transacted on the basis of this fixed
price. These fixing prices are quoted immediately through the various news and business
information wires or channels as well as the many gold information websites. The fix is
therefore regarded as a full and fair representation of all market interest at the time.
Settlement
The basis of settlement is delivery of a standard London Good Delivery bar, at the London
vault nominated by the dealer that made the sale. Currency settlement for gold transactions
will usually be in US dollars over a US dollar account held in New York.
Delivery of Physical Gold
Delivery may be made in several ways, including delivery to the dealers vault, or a credit to
an allocated account, or through the London Bullion Clearing to an unallocated account of
the third party. In addition to delivery at its own vault, a dealer may, by prior agreement,
arrange delivery to any destination around the world and in any form or any fineness. To
enable this service most bullion dealers have consignment stocks in strategic centres around
the world.
An allocated account refers to an account held in a clients name, where gold is exclusively
held separately from other gold in a vault. This gold does not form part of the bullion banks
assets, but is titled over to the allocated holder. The gold in an allocated account cannot be
lent out or used by the vault owner.
An unallocated account is basically a debit and credit arrangement, which is backed by the
general stock of the bullion dealer where the account is held. If the client wishes to receive
physical metal by allocating specific bars or equivalent bullion product, the fine metal content
of this is debited from the unallocated account. The physical delivery period is normally two
business days after the trade is transacted.
10
11
PLATINUM
The section below focuses mainly on platinum, but the market for palladium is similar, except
for the fact that a much smaller amount of palladium (28.6 tonnes in 2004) is used in
jewellery compared with 68.4 tonnes consumed in platinum jewellery fabrication (Johnson
Matthey, 2004 figures).
Palladium is often alloyed with gold to produce white gold jewellery. However, because of
record high platinum prices and the higher margins of palladium jewellery, there was a rapid
development of palladium jewellery manufacturing in China in 2004. As a result, use of
palladium in jewellery increased from 250 000 ounces to 920 000 ounces, according to
Johnson Matthey (2005).
Palladium jewellery will grow in popularity because the platinum price is expected to stay at
record levels in the short-term. Nevertheless, it suffices for the purposes of this publication to
mention that according to Johnson Matthey World mine supply of palladium amounted to
about 237 tonnes, which at an average price of $230.03/ozt, was valued at $1.75 billion in
2004. Palladium is used mainly in autocatalysts (118.5 tonnes in 2004 according to Johnson
Matthey).
The other PGMs are not discussed in detail, but brief comments are made towards the end of
the section.
PLATINUMS UNIQUE PROPERTIES6
1. Platinum is rare (about 35 times more rare than gold). About 10 tonnes of ore must be
mined to produce an ounce of platinum.
2. It is the densest known metal (at 21.45 g/cm3 it is 11% more dense than gold).
3. It has a silvery-grey white colour (which makes it popular for so called whitemetal jewellery). This white lustre complements diamonds and other precious
stones while its neutral colour enhances a stones brilliance and depth (Jewelers of
America, 2003).
4. Its melting point (1 769C) is higher than that of gold, and it has high temperature
stability.
5. Its main advantage for use in platinum jewellery fabrication is its strength and
resistance to tarnish. Platinum can be repeatedly heated and cooled without hardening
6
12
and oxidation effects. Platinum is a favoured choice for holding diamonds, because of
its density and strength.
6. It is malleable and extremely ductile. The latter is illustrated by the fact that one gram
of platinum can be drawn out into a fine wire thread over a mile long (Professional
Jeweler, 2003).
7. It is an efficient catalyst, and thus finds use as an autocatalyst in motorcars to reduce
air pollution.
8.
It is a noble metal, hence, oxidation and corrosion resistant (non-reactive, does not
tarnish and is resistant to heat and acids).
Beneficiation means the various processes, that involve upgrading, improvement, processing or
treatment of a primary ore by the removal or separation of impurities from the economic mineral/s or
metal/s. Strictly speaking, beneficiation means the treatment of ore to improve physical and chemical
properties in preparation for further processing, especially smelting.
13
Canada, which supplied a combined total of 385 000 ounces in 2004. Zimbabwe and
Australia are minor producers of platinum.
FIGURE: PLATINUM ORE BENEFICIATION, FOLLOWED BY SMELTING AND
REFINING
MINING
CRUSHING
& MILLING
ORE
SMELTING
EXTRACTION
OF METALLICS
FROM
CONCENTRATE
MATTE
CONTAINING
BASE METAL/
PRECIOUS METAL
ALLOY
CONCENTRATION
SEPARATING MILLED
ORE BY FILTRATION
AND FLOTATION
REFINING
OF MATTE
(RECOVERY
OF PRECIOUS
METALS)
CASTING
PLATINUM
BARS
Platinum-group metals contribute about 9% to South Africas export earnings (from goods)
and a little over 2.5% to GDP.
PLATINUM USES8
Autocatalysts
Platinum is a precious metal and an industrial metal. The main use for platinum, however, is
in autocatalysts, which according to Johnson Matthey consumed 3.51 Moz (109 tonnes) in
2004. Platinum usage in autocatalysts is linked to the introduction and evolution of emission
regulations and standards (Johnson Matthey, 2003). These are currently in force in many
developed countries, but standards vary from country to country.
14
Jewellery
The second biggest demand sector is in jewellery, a sector that consumed 2.2 Moz
(68.4 tonnes) in 2004, according to Johnson Matthey (2005). The main jewellery fabricating
countries are Asian countries, in particular China (1.01 Moz in 2003) and Japan (560 Koz in
2004), where people have a particular fondness for white metals.
Industrial
Industrial demand for platinum, the third biggest demand component, consumed some 1.53
Moz in 2004 (Johnson Matthey, 2005). Industrial uses for platinum include platinum-based
catalysts in the chemical industry and the petroleum refining industry, electrical applications
(e.g., in computer hard disks & fuel cells) and platinum-containing equipment for the glass
industry.
Investment
Demand for platinum in investment products, at 40 000 ounces in 2004, was weak, due to the
higher price of the metal. Investment products include platinum coins (such as the famous US
platinum American Eagle proof coins), small and large platinum bullion bars. Sales of
platinum coins and investment bars are price-sensitive.
South Africa, the Worlds largest producer of platinum, has never minted platinum coins.
However, the SA Mint has plans to introduce South Africas first platinum coin, shortly.
PLATINUM TRADING
15
billion. Movement of stocks to balance the deficit was a net 80 000 ounces (Johnson Matthey,
2005) in 2004 (worth an estimated $68 million).
16
The reference price for all platinum-group metals, including platinum, is the Johnson
Matthey Base Price9. It is Johnson Mattheys quoted selling price for platinum-group metals
set by the companys trading desks in the USA, Hong Kong and London, based on market
offer prices (Platinum.Matthey.com, 2003). The price is for metal in sponge form, ex-Johnson
Matthey refinery. The JM Base Price is set at 09H00 and 15H00 EST in the US, at 15H00 in
Tokyo and 09H00 in Zurich every weekday. The prices are also published in Platts Metals
Week and American Metals Market.
Forward Contracts
Forward contracts are more flexible than futures contracts and are conducted principal-toprincipal usually by mining companies to sell their platinum at an agreed price for delivery on
a fixed future date. These are not transacted on an exchange, and usually always result in
physical delivery of platinum.
OTHER PGMs BRIEF COMMENTS
Information on the other PGMs can be found on the Johnson Matthey website
(www.platinum.matthey.com) and in the publication Platinum 2004, published by the same
company. A few facts are listed below:
1. All the PGMs can be used as catalysts and in the electronics industry.
9
17
18
SILVER
Silver has a history that stretches as far back as 6 000 years. It was used as a form of
exchange as early as 700 BC. It is the peoples precious metal, steeped in history and
celebrated in literature.
Today, silver is used for a great variety of uses. It is still regarded as a precious metal, but in
the modern day it is more of an industrial metal, as about two-thirds of silver is used for nonjewellery/silverware/coinage applications.
SILVERS PROPERTIES AND CREDENTIALS
1. Silver is the cheapest precious metal. In 2004, the silver price averaged $6.65/ozt.
2. It is the most abundant of the precious metals. It is about 25 times more abundant
than gold in the Earths crust. Its affordability and abundance makes silver the most
ubiquitous jewellery metal.
3. Silver has the highest conductivity.
4. It is a soft and malleable precious metal and it has the lowest melting point among the
precious metals, so it is workable into any form.
5. It has high reflectivity and sensitivity to light.
6. It is a silvery-white metal popular for white jewellery and silverware.
7. Although high in lustre, silver tarnishes when exposed to the elements.
8. Silver also has bactericidal properties, which are employed to sanitise water and
wounds.
9. Silver is a store of value a hedge against inflation.
SILVER SUPPLY10 - SAs GOLD HAS A SILVER LINING
According to the Silver Institute, World silver mine production totalled 19 731 tonnes in
2004. The main silver producing countries in 2004 were:
1. Mexico (3 085 tonnes or 15.6%),
2. Peru (3 061 tonnes or 15.5%), and
3. Australia (2 236 tonnes or 11.3%).
South Africa produced about 72 tonnes (ranked 20th) of silver in different forms in 2004. Its
refined production, however, was some 30 tonnes.
10
19
Total silver supply (mine production, official sector sales, scrap recovery, implied
disinvestment and producer hedging) totalled 27 346 tonnes in 2004. In the silver market,
aboveground stocks (bullion stocks held by governments and investors) are significant. In
2004, Government sales totalled 1 919 tonnes, scrap recycling contributed 5 633 tonnes to
supply, but private sector disinvestments were negligible (GFMS, 2005).
Aboveground stocks
According to GFMS11, some 42 000 Moz or 1.3 million tonnes of silver has been mined over
history. However, GFMS (2004) estimated identifiable bullion stocks at about 670 Moz or
20 840 tonnes.
The Silver Institute estimates that in the period between 1990 and 2000, bullion inventories
declined by more than 1.2 billion ounces.
SILVER DEMAND
According to the Silver Institute, fabrication demand amounted to 26 024 tonnes in 2004.
About 96 percent of the utilisation of silver was again accounted for by three sectors, i.e.
industrial/decorative
uses,
photography
and
jewellery
and
silverware.
The
industrial/decorative sector was still the largest consumer of silver, absorbing 11 418
tonnes, or 43.9 percent of fabrication demand; it was followed by the jewellery and
silverware (29.9 percent or 7 698 t), photography (21.8 percent or 5 630 t), and coinage (4.9
percent or 1 278 t) sectors.
The top four silver fabricating countries in 2003 were the USA, Japan, India and Italy (see
table on the next page). South Africas silver fabrication amounts to about 4-5 tonnes a year.
According to GFMS, the major silver jewellery & silverware manufacturing countries in 2004
were:
1. India (77.7 Moz),
2. Italy (44.5 Moz), and
3. Thailand (40.0 Moz).
South Africas silver jewellery and silverware fabrication is not known but is tentatively
estimated at between 2 and 3 tonnes/year (Recently, Art Clay Silver has been introduced and
11
20
FABRICATION
(Moz)
175.3
122.5
115.9
55.0
FABRICATION
(Tonnes)
5 452
3 810
3 605
1 711
Silver, like gold, is traded 24 hours a day, across the times zones in the major centres, viz.,
London, Zurich, New York, Chicago and Hong Kong.
The Shanghai White Platinum & Silver Exchange was also opened in July 2003, and is now
Chinas only officially designated silver transaction market. Platinum trading has also begun
recently.
12
Disclaimer: This handbook is for general information only. Nothing in this Handbook should be
construed as a solicitation to buy or sell any precious metal product.
21
Silvers fundamentals are currently in good shape, as fabrication demand has outstripped
mine production in recent years, leading to a drawdown in bullion stocks to meet demand.
However, like most products that are a corporeal store of value, its price is also influenced by
inflation, interest rates, currency rates and changes in trade deficits. The majority of silver is
mined as a by-product of gold, lead-zinc and copper mining, and therefore its price is also
dependent on the vagaries of these metal markets. As a precious metal, silver does ride on
golds coat-tails13 from time to time.
Futures Trading
To be traded in a futures market, a commodity must be standardised and its price must
fluctuate sufficiently to create uncertainty that warrants price risk and profit/loss management.
Silver, gold, platinum and palladium are such commodities.
The most important silver futures trading market is again the COMEX division of the New
York Mercantile Exchange, which is a platform for futures contracts and options.
13
22
The London Metals Exchange (LME) suspended its silver contract again in 2002. The
contract for silver futures was for silver of 99.9% purity, trading in lot sizes of 5 000 ounces
in bars (ingots) and granules (grains). The LME stated that it would continue to keep the
silver contract under review, either in its current form or in a modified form.
14
23
Legislation as at October 2005. The Mining Rights act, 1967 is to be repealed by the Precious Metals
24
6. The Reserve Bank is responsible for exchange control in relation to the export of
precious metals, and import and export permits relating to unwrought gold.
NB: Much of this chapter will change when the Precious Metals Act, 2005 is enacted in 2006.
To make the reader aware of forthcoming changes, the proposed amendments are mentioned
(in italics and in quotes) and/or commented on (in italics only) under the relevant topics
below. The reader is cautioned that until the Regulations under this Act are drafted and the
Act implemented, the interpretations below are subject to change without notice.
Proposed Amendment
1. When the Precious Metals Bill, 2005 is enacted, the South African Diamond and
Precious Metals Regulator, or Regulator for short, will be responsible for
administration of the Precious Metals Act, 2005.
2. Applications for licences, permits and certificates will be made to the Regulator.
3. The South African Police Services Gold and Diamond Branch will still be
responsible for clearance and approval procedures in respect of applications,
through consultation by the Regulator.
4. National Treasury (in particular the Reserve Banks Exchange Control Department)
will still be consulted before certificates, permits and licences for unwrought gold are
issued. This is for exchange control purposes.
5. The Regulator will also issue licences, permits and certificates.
PROSPECTING AND MINING THE MINERAL & PETROLEUM RESOURCES
DEVELOPMENT ACT
The legislation controlling all prospecting and mining is the Mineral and Petroleum
Resources Development Act, 2002, which came into effect in May 2004.
Before one can apply for a prospecting right, mining right or mining permit the following
procedures can be followed:
1. Identify the piece of land on which the proposed activity is to take place. Details such
as the farm/plot/portion number of the property can be obtained from the Survey
Generals Office in that province.
2. If the applicant is not the surface rights owner, the surface rights ownership relating
to that property/land can be obtained at the Deeds Office.
25
3. The first point of contact should be the Department of Minerals & Energys Regional
Office (in the province in which the land, that is the subject of the proposed
application to prospect or mine, is situated). Contact details of Regional Offices are
given at the back of this publication.
4. It is important to ascertain at the Regional Office if no other person holds a
prospecting right, mining right, mining permit or retention permit for the same
mineral and land (Note that the transitional period for the processing of unused old
order rights lapsed in May 2005. In addition, the MPRDA provides that old order
prospecting rights must be converted to new order prospecting rights (by 30 April
2006) and that old order mining rights must be converted to new order mining
rights (by 30 April 2009).
5. Further guidance with regard to application for prospecting and mining rights (or
mining permit) will be given by the Regional Office of the Department of Minerals
and Energy.
6. Application forms can be downloaded from the DMEs website: www.dme.gov.za,
under Publications/forms to obtain an understanding of the detailed requirements for
an application.
THE POSSESSION AND TRADE IN PRECIOUS METALS16
Exchange control regulation relating to the purchase and sale of gold
As discussed above, there are special exchange control regulations relating to gold. The
Reserve Banks Exchange Control Manual states the following:
1. Exchange Control Regulations 2 and 5 prohibit the purchase and sale, both domestically
and abroad, of unwrought gold (ingots, amalgam, concentrates or salts of gold, buttons,
trade scrap and so called tola bars) by South African residents without the specific
authority of Exchange Control.
2. The acquisition of (unwrought) gold for legitimate trade purposes by manufacturing
jewellers, dentists, etc. is subject to the approval of the Gold and Diamond Branch of the
South African Police Services (SAPS). After receiving such approval, a permit must be
obtained from the South African Revenue Service, which will entitle the permit holder to
approach the Rand Refinery Limited for an allocation of gold.
16
DISCLAIMER: This handbook does not purport to provide advice or legal analysis of the Mining Rights
Act of 1967 or Exchange Control regulations, nor can it substitute for the careful reading of said
legislation. It must also be noted that the Mining Rights Act will be repealed by the Precious Metals Bill,
2005, when the latter is enacted in 2006.
26
The holders of (unwrought) gold, having received the approvals outlined above, are
exempted from the provisions of Exchange Control regulation 5(1), which states the
following:
Every person resident in the Republic who becomes entitled to sell or to procure the sale
of any (unwrought) gold shall, within thirty days after becoming so entitled, offer that
gold or cause it to be offered, for sale to the Treasury
Point 2 above is discussed further below as it falls under the provisions of the Mining
Rights Act of 1967, which will be repealed by the Precious Metals Act, 2005. This is
expected to happen in 2006.
MINING RIGHTS ACT OF 196717
Chapter 16 of the Mining Rights Act, 1967 (the only remaining chapter in the Act) currently
controls the possession, the purchase and sale and the processing of the precious metals: gold,
silver and the platinum-group metals. This Act, now 38 years old, is to be repealed and
replaced by the Precious Metals Bill, 2005 which was adopted by Parliaments Minerals &
Energy Portfolio Committee at the end of October 2005.
When adopted by the National Council of Provinces (NCOP) the parliamentary process will
be complete. The Bill will be ready to be signed into law (by the President) after the
Department of Minerals & Energy has drafted Regulations under the Act.
FREQUENTLY ASKED QUESTIONS
What is unwrought precious metal according to the Mining Rights Act?
Unwrought precious metal means the following:
any un-manufactured precious metal in the form of bars, ingots, buttons, wire, plate,
granules or in solution, or in any other form,
any other article or substance containing un-manufactured precious metal in the forms
listed above, or
any article consisting of or containing precious metal which although manufactured is not
an article of commerce, or a work of art or an article of archaeological interest.
17
DISCLAIMER: This handbook does not purport to provide advice or legal analysis of the Mining
Rights Act of 1967 or Exchange Control regulations, nor can it substitute for the careful reading of said
legislation. It must also be noted that the Mining Rights Act will be repealed by the Precious Metals Bill,
2005, when the latter is enacted in 2006.
27
Note that this definition in the Mining Rights Act also includes what is internationally termed
semi-fabricated precious metal, which is defined separately in the Precious Metals Bill, 2005.
Proposed Amendment
1.
(ii)
or
(b)
contemplated in paragraph (a) but does not include any article that is of
archaeological interest or that has been processed or manufactured for one or more
specific industrial, professional or artistic uses.
Comments on amendment
1. The definition above is similar to the US definition of the term, which refers to precious
metal whether or not refined and in the forms listed, but excludes rolled, drawn, forged or
extruded products, tubular products or casts forms which have been machined or
processed otherwise than by simple trimming, scalping or de-scaling.
2. Note, however, that sponge is included in the US definition of unwrought but excluded
from the definition of semi-manufactured (semi-fabricated).
Proposed amendment
In the Precious Metals Bill: semi-fabricated precious metal means
refined precious metal that is in the form of sheet, tube, wire, granule, plate, strip, rod,
or sponge (including carat gold alloys as prescribed); or such other refined precious
metal as the Minister may prescribe.
28
Comments on amendments
1. Note that plate and sponge are included in the definitions of both unwrought and
semi-fabricated. Nevertheless, the refining purity is used as the distinguishing criterion
i.e., if the purity of the sponge or plate is greater than 99.9% then it is semi-fabricated
and if it is less that 99.9% then it is unwrought.
2. The term semi-fabricated is used internationally to refer to semi-manufactured forms of
precious metal, i.e., refined precious metal that has been further worked into intermediate
products or partially fabricated forms such as sheet, wire, tubes, pipes - which are used
to fabricate finished products.
3. The Bill is silent on waste and scrap leading to the interpretation that waste and scrap
derived from unwrought precious metal could be classified as unwrought; whereas waste
and scrap derived from semi-fabricated precious metal could be classified as semifabricated; and second-hand or used fabricated precious metal could still be classified as
fabricated precious metal if its form has not been changed. It should be noted, though,
that the Second-hand Goods Bill would provide clarity on issues relating to waste and
scrap metals.
4. Carat gold alloys and other precious metal jewellery alloys will be prescribed by
regulation. The ISO 9202:1991 standard (Jewellery Fineness of precious metal alloys)
which the SABS has adopted [(SANS 29:2004: Articles of precious metals) specifying the
range of fineness of gold alloys (375 or 9 carat, 585 or 14 carat, 750 or 18 carat, and 916
or 22 carat), platinum alloys {850, 900, 950) and palladium alloys (500, 950)] will most
probably be adhered to in the specification to be prescribed in regulations.
18
30
19
Please note that precious metals legislation will be amended in 2006. This section will therefore
change.
31
(6) Buy from exempted persons material or solution containing precious metal and extract
and dispose of such metal.
The licence is currently valid only in the Magisterial District specified thereon.
The proposed amendment reads as follows:
Issue and renewal of refining licences
7. (1) The Regulator may, after consultation with the National Treasury, in the case of
gold, and the National Commissioner, issue to any person, in the prescribed form and
for a period not exceeding 30 years, a refining licence entitling the holder to do such
of the following, as may be specified in the licence, namely
(a)
(b)
(c)
(ii)
(d)
(e)
(f)
32
Comments on amendment
1. While the recovery works licence was valid only for the magisterial district specified,
there is no such restriction specified in the Precious Metals Bill.
2. The Refining licence is similar in many respects to the current Recovery Works
Licence, except now there are references to semi-fabricated precious metal dealings,
and no references to silver which has been excluded from the definition of precious
metal.
3. The most important difference is that import powers (subject to terms and conditions
of the refining licence) has been incorporated. This means that the holder of a
refining licence can import unwrought and semi-fabricated precious metal by the
authority of the refining licence. All other licensees (i.e., precious metal beneficiation
licensees) and permit holders would have to obtain an import permit from the
Regulator.
4. See value chain depicted on page 40, which illustrates the central role a refiner plays
in the precious metals value chain.
Proposed amendment:
A new licence, viz., precious metal beneficiation licence, has been introduced in the Precious
Metals Bill (see depiction of main players in the value chain on page 40). The licence is
chiefly for fabrication of precious metal. The provision is self-explanatory and reads as
follows:
Issue and renewal of precious metal beneficiation licence
6. (1) The Regulator may issue to any person, in the prescribed form and for a period not
exceeding 10 years, a precious metal beneficiation licence entitling the holder to do such of
the following, as may be specified in the licence, namely
(a)
(b)
to make up, change the form or add value in any other manner to any
unwrought or semi-fabricated precious metal in his or her lawful
possession; or
(c)
Application
1. The first step is to get clearance and approval from the South African Police Service
(Gold and Diamond Branch), by making an application on the prescribed from SAPS 225.
33
This involves providing personal and business information (a Business Plan is also
required) and satisfying inter alia security and premises criteria. For example, SAPS will
inspect the premises and ensure that a suitable safe is present.
2. If the prescribed criteria and conditions are met, approval for the issue of a recovery
works licence is granted on the prescribed form SAPD 242.
3. The Local Receiver of Revenue in the relevant Magisterial District (usually at the Stamp
Duty Section) handles the issuance of the licence.
4. The Licence will be issued when the prescribed fee (currently R50, but subject to change)
is paid.
Comments on proposed amendments
1. In terms of the Precious Metals Bill, applications would be made to the Regulator.
2. Issuance of the licence will also be by the Regulator, after consultation with the SAPS
and National Treasury (in the case of gold).
3. Application forms and prescribed form of the refining licence and the precious metal
beneficiation licence will be provided for in the Regulations under this Act.
What are the precious-metal permits?
Jewellers permit20
A jewellers permit is also issued by the local receiver of revenue (SARS) It authorises the
holder to make up, smelt or change the form of wrought and unwrought precious metal. In a
sense, the jewellers permit is not appropriately named, as it is a permit to manufacture
jewellery so should have been called a jewellery manufacturers permit.
The holder of a jeweller's permit may only buy from:
a licensed refinery,
a banker,
the SA Mint,
another jeweller with a jewellers permit, or
other authorised persons.
The jewellers permit is currently valid only in the Magisterial District specified thereon.
Most holders of jewellers permits and other approved purchasers of gold and silver buy from
the Rand Refinery and other licensed refiners. Application is required for a supply from a
refinery. A certified copy of the permit must accompany the application.
20
Please note that precious metals legislation will be amended in 2006. This section will change.
34
Approved purchasers may buy platinum (or other PGMs) from approved retailers such as
Cape Precious Metals, Metal Concentrators, Johnson Matthey and Heraeus. Permits must be
exhibited for verification.
Proposed Amendments
The jewellers permit has been retained in the Precious Metals Bill, but the provisions have
been amended:
9. (1) The Regulator may issue to any person, in the prescribed form and for a
period not exceeding five years, a jewellers permit entitling the holder to do such of
the following, as may be specified in the permit, namely
(a)
(b)
to change the form of, or in any other manner add value to, semifabricated precious metal in his or her lawful possession; and.
(c)
Comments on amendment:
1. The most important difference from the jewellers permit provided for in the Mining
Rights Act is the fact that in the Bill, the holder of a jewellers permit is restricted to
semi-fabricated precious metal.
2. The reason for this restriction to semi-fabricated precious metal is to allow the
eradication of the provision for the keeping of prescribed registers. This partial
deregulation is due to the fact that stolen precious metals are usually in unwrought
form. There is therefore less risk with semi-fabricated precious metal, which are
usually manufactured by large refineries like the Rand Refinery. These suppliers of
semi-fabricated precious metal will submit registers to the Regulator wherein
transaction with jewellers permit holders will be recorded. The Regulator will check
these transactions.
3. Nevertheless, the holder of a jewellers permit must keep proper books of account in
accordance with generally accepted accounting practice (GAAP) and must submit
such information as may be prescribed to the Regulator annually.
4. A jewellers permit does not entitle the holder thereof to acquire unwrought precious
metal except under the authority of a special permit issued by the Regulator for
beneficiation purposes or to make jewellery.
35
Application
1. The first step is to get clearance and approval from the South African Police Service
(Gold and Diamond Branch), by making an application on the prescribed form SAP 220.
This involves providing personal and business information (a Business Plan is also
required) and satisfying inter alia security, premises and supplier criteria. For example,
SAPS will inspect the premises and ensure that a suitable safe is present.
2. If the prescribed criteria and conditions are met, approval for the issue of a jewellers
permit and a quota of precious metal is granted on the prescribed form.
3. The Local Receiver of Revenue in the relevant Magisterial District (usually at the Stamp
Duty Section) handles the issuance of the jewellers permit.
4. The prescribed fee for the issue of a jewellers permit is currently R10 (subject to
change).
Proposed amendments
1. In terms of the Precious Metals Bill, applications would be made to the Regulator.
2. Issuance of the permit will also be by the Regulator after consultation with the SAPS.
3. Application forms and prescribed form of the jewellers permit will be provided for in
the Regulations.
Permit to purchase unwrought precious metal (for scientific purposes, a trade, an
industry or profession)21.
1. The application for and the issuance of this permit are currently handled by SAPS
Gold and Diamond Branch.
Comments on proposed amendments
1. In the Precious Metals Bill, this permit has been changed. The permit is now meant
only for scientific purposes, beneficiation or jewellery manufacturing purposes. Other
activities (in connection with any trade, industry or profession) covered by this permit
in the Mining Rights Act will be covered by the precious metal beneficiation licence,
and to a limited extent, by the jewellers permit (for semi-fabricated precious metal
only),
2. In terms of the Precious Metals Bill, application and issuance of this permit will be
handled by the Regulator.
21
Please note that precious metals legislation will be amended in 2006. This section will therefore
change.
36
What are the records to be kept by the jeweller and the holder of a SAPS-issued
permit (for scientific purposes, a trade, an industry or profession)?
The jeweller and the above permit holder must keep a record or all purchases & sales of
unwrought precious metal (except silver), and articles of any precious metal (except silver),
manufactured or smelted.
The holders of these permits must produce and exhibit such register whenever requested to do
so by any member of the South African Police Service.
Comments on proposed amendments
1. The provision requiring holders of jewellers permits to keep prescribed registers has
not been retained in the Precious Metals Bill. In its place is a requirement that the
holder of a jewellers permit keep proper books of account in accordance with
generally accepted accounting practice (GAAP) and must submit such information as
may be prescribed to the Regulator annually.
2. However, the holder of a special permit for scientific or beneficiation purposes or to
make jewellery must still submit the prescribed register to the Regulator on a
quarterly basis. This is because the holder of this permit will be working with
unwrought precious metal, unlike the jewellers permit holder who is restricted to
semi-fabricated precious metal.
37
38
The register must be submitted each month to the Gold & Diamond Branch of SAPS.
Comments on proposed amendments
1. In terms of the Precious Metals Bill, the holder of a refining licence or a precious
metal beneficiation licence, authorised dealer, and a producer must keep registers of
transactions relating to unwrought and semi-fabricated precious metal.
2. These registers must be submitted each quarter to the Regulator.
SA
MINT
REFINER
RECYCLING
PERMITEE
AUTHORISED
DEALER
BENEFICIATION
LICENSEE
OVERSEES
PRODUCER
RECYCLING
CERTIFICATE
HOLDER
JEWELLER
IMPORTER
39
71.06, 71.08, 71.10, 71.12, 71.13 and 71.15 (see table below) will be subject to import
control measures (import permit is required).
TARIFF CODE
71.06
71.06.10
71.06.9
71.06.91
71.06.92
71.08
71.08.1
71.08.11
71.08.12
71.08.12
71.08.20
71.1
71.10.1
71.10.11
71.10.19
71.10.2
71.10.21
71.10.29
71.12
71.12.10
71.12.20
71.12.90
71.13
71.13.1
71.13.11
71.13.19
71.13.20
71.15
DESCRIPTION
SILVER: unwrought or in semi-manufactured forms, or in powder form
powder
Other
Other: Unwrought
Other: Semi-manufactured
GOLD: unwrought or in semi-manufactured forms, or in powder form
Non-monetary
Non-monetary: powder
Non-monetary: other unwrought forms
Non-monetary: other semi-manufactured forms
Monetary
PLATINUM: unwrought or in semi-manufactured forms, or in powder form
PLATINUM
Platinum: Unwrought or in powder form
Platinum: Other
PALLADIUM
Palladium: Unwrought or in powder form
Palladium: Other
Waste and scrap of precious metal
Waste and scrap of gold
Waste and scrap of platinum
Waste and scrap of other precious metals
Articles of jewellery and parts thereof, of precious metal, or clad with
_// of precious metal
_// of silver
_// of other precious metal
of base metal clad with precious metal
Other articles of precious metal
3. If imported as new or virgin material, only goods of tariff heading 71.08 (Gold:
unwrought or in semi-manufactured forms, or in powder form) are subject to import
control measures and a permit is needed.
4. If an import permit is required for items listed in point 2 above, application must be made
to the ITAC, Department of Trade and Industry (ITAC: contact number: 012 394-3612).
5. If goods under tariff heading 71.08 (Gold: unwrought or in semi-manufactured forms, or
in powder form) are to be imported then application for an import permit must be made at
the South African Reserve Bank (Exchange Control: contact number: 012 313
3911/3522).
6. Customs and Excise require that Imports arrive at approved Entry Points (see
www.sars.gov.za for the brochure titled: An Overview of South African Customs
Procedures for more detail).
40
7. Customs and Excise also require that the importer/agent complete a Bill of Entry
declaration as prescribed (see www.sars.gov.za for the brochure titled: An Overview of
South African Customs Procedures).
8. The import must then be cleared according to the prescribed procedure of Customs and
Excise (see www.sars.gov.za for the brochure titled: An Overview of South African
Customs Procedures).
9. Unwrought precious metal imports are subject to 14% VAT.
10. Imports of precious metal jewellery or parts thereof are subject to 20% customs duty in
addition to 14% VAT.
Comments on proposed amendments
1. The Precious Metals Bill makes provision for an import permit to import unwrought
or semi-fabricated precious metal into South Africa.
2. The holder of a precious metal beneficiation licence, producer, authorised dealer,
certificate holder or special permit holder, may apply for an import permit to import
any unwrought or semi-fabricated precious metal.
3. Similarly, the holder of a precious metal beneficiation licence an authorised dealer,
certificate holder, special permit holder or jewellers permit holder may apply for an
import permit to import any semi-fabricated precious metal into the Republic.
4. No distinction is made between new or virgin material and used and second-hand
precious metal waste and scrap. The latter will be the domain of the Second-hand
Goods Act.
22
41
4. The export of gold coins from South Africa by non-residents must be referred to
Exchange Control, except in instances where the export comprises up to 15 Krugerrand
coins, or the equivalent in fractional Krugerrand coins, which requests may be permitted
by the Authorised Dealer who has been approached to attest the Forms F 178.
5. Precious metal producers can export independently provided that the Reserve Bank has
given the necessary exemption from the relevant Exchange Control Regulations. Most
gold and silver producers, however, use the Rand Refinery as their export-marketing
agent.
6. The current Exchange Control Regulations pertaining to the repatriation of export
proceeds remain applicable to precious metal exports.
7. The Exchange Control Manual and updates can be found at www.reservebank.co.za .
8. Customs and Excise are involved with the processing of export declarations. Most
documents, including DA550, F178 and the Bill of Entry can be downloaded from
www.sars.gov.za
9. The procedure for export declaration and clearance can be found in the brochure titled: An
Overview of South African Customs Procedures, downloadable at www.sars.gov.za (Tel:
012 422 4000).
10. According to Customs and Excise, no export duty is payable. As far as VAT is concerned,
rebates apply in some cases and 0-rates apply to certain jewellery exports. Contact
Customs and Excise for advice (012 422 4000) on a case-by-case basis.
Proposed amendments
1. The Precious Metals Bill makes provision for approval of export of unwrought or
semi-fabricated precious metal. The provision reads as follows currently:
12. (1) No person may export any unwrought or semi-fabricated gold except with the
approval of the National Treasury in terms of the Exchange Control
Regulations made under the Currency and Exchanges Act, 1933 (Act No. 9 of
1933), granted with the concurrence of the Minister.
(2) No person may export any unwrought or semi-fabricated metals of the
platinum group except with the written approval of the Minister which shall be
granted subject to the promotion of equitable access to, and the orderly local
beneficiation of such metals.
Comment on amendment
1. For gold, exchange control approval, is required prior to export, as is the case
currently. Concurrence of the Minister is also needed in terms of the Precious Metals
Bill, however, the basis therefore will be specified in regulations.
42
2. For the export of platinum-group metals, approval will be granted if the exporter has
promoted equitable access to, and local beneficiation of platinum-group metals.
GOLD REGULATION IN OTHER COUNTRIES
The gold market and the diamond market (the latter due to the implementation of the
Kimberley Process in 2003) are the most highly regulated mineral-commodity markets in the
World. However because of the sheer size, complexity, history and breadth of the gold
market, it is in a class of its own. This complexity is due largely to the derivative products in
the gold market, which are still a few years off for the diamond market.
Gold possession and gold trading are subject to regulations, controls and taxes in many
countries (see table below).
The deregulation of gold ownership by citizens was widespread in the 1970s and 1980s.
Singapore was the first to open its gold market, which it did in 1969. Hong Kong followed in
1974, the US in 1975, Tokyo in 1982, Taiwan in 1986 and Turkey in 1989.
In India, the model for deregulation was based on the following policy:
Removal of restrictions on import and export of gold, in order to curb smuggling and
hoarding;
As far as legislative controls are concerned, Gold market deregulation began in 1990 with the
abolition of the Gold Control Act, which had prohibited the holding of bar gold, except by
authorised dealers and goldsmiths, and sought to limit the jewellery holdings of families. In
1997, Open General Licences was introduced, which allowed substantial direct imports by
local banks from the international market.
Manufacturers located in Special Export Zones can import gold tax-free through various
registered banks under an Export Replenishment scheme.
43
In 2003, Indias Multi-commodity Exchange was established for the trading of gold and silver
amongst other commodities.
TABLE: RESTRICTIONS ON GOLD POSSESSION AND BUYING IN VARIOUS
COUNTRIES
COUNTRY
Australia
POSSESSION
BUYING
No restrictions
Canada
No restrictions
China
Final stages of
complete
deregulation
India
Allowed
Japan
No restrictions
South Africa
Possession and
trading of unwrought
and semi-fabricated
gold is restricted.
Turkey
Allowed
UAE
No restrictions
UK
No restrictions
USA
No restrictions
Sources:
44
In Turkey, a number of innovative changes to the status quo were introduced. The aim was to
convert the existing idle gold savings into an active resource for the economy by channelling
them into investments:
In 1995, the Istanbul Gold Exchange was opened for the purpose of liberalising the
Gold Sector in Turkey, integrating it with international markets, rationalising gold
imports and introducing gold-based financial instruments.
In 1997, the Istanbul Gold Exchange Futures and Options Market was launched to
meet the demand for gold futures.
In 1999, silver and platinum trading began on the Istanbul Gold Exchange.
In 2000, the Precious Metals Lending market was started on the Exchange with the
objective of bringing supply and demand into an organised market, lowering the
jewellery sectors production cost and facilitating the securitisation of gold.
Until recently, the Chinese gold market was tightly controlled by the Chinese Government.
The World Gold Council assisted the government to devise a 3-step programme of
deregulation, which is being implemented:
The gold supply system was released through the establishment of the Shanghai Gold
Exchange (which opened in 2002);
The gold usage system was improved by abolishing the gold licensing system for
jewellery market participants and by liberalising the gold investment market by
allowing gold bars and bullion coins to be sold to consumers and traded by both
institutional and individual investors; and
The liberalisation of gold imports and exports to link freely with the international
market.
As part of Chinas entry to the WTO, the 40% duty on imported jewellery was scrapped. The
licensing system for local retail, wholesale and manufacture of gold products was abolished
and replaced by a registration system in 2001. Most of the barriers to gold trade have been
removed. Foreign companies may now invest in gold jewellery manufacturing, wholesaling
and retailing in China, provided the gold, if it is to be sold locally as jewellery, is bought from
the local market.
If the deregulation of the gold market in China goes according to plan, we could be placed in
a bizarre situation as South Africa, the Worlds largest gold and platinum producer would be
the only country prohibiting investment in (gold and platinum) bullion form.
45
46
ahead, a silver ETF would be possible in South Africa23 as well, when deregulation is effected
in 2006, as proposed.
If the affordable precious metal also becomes the available precious metal, we could see
hobbyists and other non-professionals making their own jewellery in garages and workshops.
This could also be a boost for rural craft jewellers and other craft fabricators, who could
increase the intrinsic value of their crafts with the easily workable precious metal. Art Clay
Silver, introduced recently, could also grow in popularity and use, especially amongst these
SMMEs.
23
Disclaimer: This handbook is for general information only. Nothing in this Handbook should be
construed as a solicitation to buy or sell any precious metal or any precious-metal-related instrument.
47
48
Management of gold reserves: Prior to December 1997, gold producers in South Africa
were obliged to sell the bulk of their gold production to the South African Reserve Bank
(SARB) and were paid in US dollars. The SARB would decide whether to hold such
production-gold in its reserves or whether it would be more appropriate to dispose of the gold
to acquire foreign exchange. The SARB could dispose of the gold, if so desired, in the various
gold markets.
In December 1997, the Minister of Finance announced, in a further measure to liberalise
exchange controls gradually, that gold producers could apply for exemption from the relevant
Exchange Control Regulations if they wished to sell their own gold output themselves. The
gold producers have used this opportunity and consequently sell much of their output using
the Rand Refinery as their agent. The SARB still, however, purchases some production-gold
and still has to take decisions about reserve composition.
The SARB may, depending on the prevailing level of the gold interest rate, from time to time
place up to 320 000 fine ounces of gold on deposit.
According to GoldAvenue (2002), by 1990 SARB was making increasing use of the forward
and option market to hedge its sales and traded bullion in the wholesale market. The banks
role is now relatively minor, mainly through lending in limited volumes (GoldAvenue, 2002).
In 2001, an official reply by the Minister of Finance (Miningweb, 2001) to a parliamentary
question revealed the following:
1. As from 1992, gold was swapped for foreign currency from time to time for liquidity
purposes in preference to selling gold.
2. The SARB has infrequently made gold deposits with banks, chiefly to offset the cost
of borrowing. In August 2001, the SARB had no gold on deposit, but was then a
borrower of gold from the market.
3. By virtue of section 33 of the South African Reserve Bank Act, 1989, Preservation of
secrecy, detailed information on such transactions are regarded as confidential. The
Minister also stated that disclosure of detailed information on such transactions is
contrary to generally accepted international banking practice.
CENTRAL BANKS AND THE BANK OF INTERNATIONAL SETTLEMENTS
Central Banks are one of the greatest influences in the gold market. Their main role in the
market is the management of gold reserves, which entails their involvement with leasing,
49
swaps24 and trading. They usually have their own vaults for physical reserves, but also hold
gold in major trading centres like London, which allows them to mobilise it as collateral in
the time of need. The lending by central banks (which totalled a little over 3 500 tonnes in
2004 according to GFMS) is crucial for the liquidity of the market for forward sales, gold
loans and the working inventory of fabricators. Central banks lend to the market and write
options against their reserves to earn a return from an otherwise non-interest bearing asset
(Green, 1993).
The Bank of International Settlements (BIS) located in Switzerland is the Central Bank to
the various national Central Banks. BIS also holds some gold and acts as an intermediary. It
discreetly handles many central bank gold transactions, by scouting potential buyers and
selling to those selected.
Central Bank Gold Agreement
The Central Bank Gold Agreement, involving European central banks was signed in
September 1999. The agreement limited its signatories (13 European central banks and that
of the UK) gold sales to a maximum of 400 tonnes (12.9 million oz) annually, over the fiveyear period from September 1999 to September 2004. It has brought some stability to the gold
market and is believed to be the reason for the recent upward trend in the gold price. Since
September 1999, gold has risen by an impressive 90% in US dollar terms.
In March 2004, the Central Bank Gold Agreement was renewed for a further five years, but
the agreed limit to gold sales was increased to a maximum of 500 tonnes annually, over the
next five year period from September 2004 to September 2009.
THE RAND REFINERY
The Rand Refinery, situated in Germiston is the Worlds largest gold refinery by capacity
(Johnson Matthey refinery in the USA is the largest in terms of output). The Refinery has
refined over 40 000 tonnes of newly-mined gold to date, which represents more than 32% of
all gold mined worldwide.
The refinerys laboratory is accredited to supply Good Delivery gold and silver bullion bars
to the London Bullion Market (LBMA), COMEX Bars to COMEX Division of the New York
Mercantile Exchange and 1kg bars to the Tokyo Commodity Exchange (TOCOM).
24
50
Since the year gold miners were allowed to market their production independently (1998), the
Rand Refinery has become the agent for the marketing of the bulk of South Africas gold and
silver production.
These days the Rand Refinery is an integrated precious metals management company that
provides the following services in addition to refining, sales and marketing:
1. An assay service.
2. It also offers secure storage, freight forwarding services and trans-shipments of gold,
silver, platinum-group metals and diamonds through its own high-security vault at
Johannesburg International Airport, for onward delivery to global bullion consumers.
3. It manufactures value-added products such as minted bars.
4. It produces a range of carat gold alloys and sterling silver grain for the jewellery
industry and a range of dental alloys.
5. It also provides a stamping service.
In January 2004, the Rand Refinery was awarded London Bullion Market Association
Good Delivery referee status an honour for the company and South Africa. The Rand
refinery is the only LMBA referee in the Southern Hemisphere.
THE SA MINT
The South African Mint located in Centurion, is a wholly owned subsidiary of the South
African Reserve Bank. Its main function is to mint coins (specie), which the Reserve Bank is
empowered to do through the Reserve Bank Act, 1989.
It mints circulation and commemorative coins. The procedure is simple, once approval is
obtained from Cabinet and the coin descriptions are published in the Government Gazette, the
coins are minted and are then available for sale to the public.
Legal tender coins are declared as such by the Reserve Bank by Notice in the Government
Gazette. They can be used as medium of exchange, i.e., to purchase goods and services to the
value indicated on the coin (face value). However since this value is just a nominal value,
usually a very small fraction of its intrinsic (metal content) value, this almost never happens.
All the SA Mints commemorative coins are legal tender, silver or gold coins. The following
coin series have silver coins and/or gold coins:
1. Protea Series (gold and silver),
2. Natura Series (gold),
3. R2 (gold and silver) and R1 (gold),
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52
inventory than to borrow money to buy precious metal, because precious metal lease rates are
usually much lower than interest rates.
In Italy, for example, gold can also be supplied to the jewellery manufacturer by a local bank
on working account on behalf of a foreign wholesaler, a practice referred to as conto
lavorazione (GoldAvenue, 2002), which translates to working account. Basically, in this
practice, a local or foreign wholesaler gives gold to a manufacturer to fabricate for him, for
which privilege he will pay only the manufacturing costs.
In South Africa, Standard Bank launched a pilot 1 000kg Gold Advance Scheme in
partnership with BAE Systems-SAAB, AngloGold Ashanti and Gold Fields. The scheme,
launched in November 2005, is designed to reduce the cost of financing gold working
inventory. More details can be obtained from Michael Botes (Tel: 011 636 6543).
JEWELLERY AND HOW IT IS VALUED
Excluding silver, South Africa supplies an estimated 21.2% by value of the mine production
of the main raw materials for jewellery fabrication (gold, platinum, diamonds and palladium).
Including silver, South Africa supplies 19.6% of the mine production of the main raw
materials for jewellery fabrication (gold, platinum, diamonds, palladium and silver), but
contributes a tentatively estimated 0.34% ($340 million) to World jewellery output, which
latter has been estimated at $100 billion. South African precious-metal jewellery exports were
about $72 million in 2004.
South Africa produces mainly 9 and 18 carat gold jewellery and platinum jewellery.
According to the Jewellery Council of South Africa (2003) there are more than 3 000 retail
jewellery stores in the country.
Precious metal jewellery is usually valued according to the following formula:
(PRECIOUS METAL MASS IN GRAMS) X (RAND PRECIOUS METAL PRICE PER GRAM) +
LABOUR COST (USUALLY 10%) = BASE PRICE OF JEWELLERY
Retailers will also apply a mark-up and/or brand premium (for the design etc.). The above
basic formula excludes embellishments such as gemstones and diamonds.
It must be noted that pure precious metal is not used in jewellery; rather precious metal alloys
of different purities are used. Precious metal purity must be expressed as a fraction for e.g. 18
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carat gold jewellery has 18/24 parts gold - or 75% of the mass of the jewellery is actually
gold. This actual mass in grams must be multiplied by the Rand precious metal price per
gram.
The Rand Refinery provides jewellery fixings in Rand/gram for gold and silver on its web
site: www.gold.co.za. This is an extremely useful daily service.
The price of precious metals in South Africa is the London spot price in US dollars
multiplied by the Rand/dollar exchange rate plus VAT.
($ Price/ozt X R/$ EXCHANGE RATE) 31.1 plus VAT= R Price/g of pure metal
GOLD
WORLD MINE
SA AS % OF
PRODUCTION ($
PRODUCTION ($
WORLD
BILLION)
BILLION)
14.0%
PLATINUM
77.4%
DIAMONDS
11.7%
PALLADIUM
37.9%
SUB-TOTAL
21.2%
SILVER
0.4%
TOTAL
19.6%
NB:
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MINTED BARS
Depending on the way they are manufactured, precious metal bars are classified into two
types: cast and minted. Cast bars refer to those made by the pouring of molten precious metal
into a mould of specified dimensions. Thereafter, markings are applied manually or by a
press. Minted bars are made from precious metal blanks that have been stamped out to the
required dimensions from a flat strip of precious metal. Markings are usually then applied by
minting presses (as in the case of gold coins).
Minted bars range in size from as small as 0.3g to as large as 500g and range in purity from
99.5% to 99.99%. Minted precious metal bars are sold at a low premium above the bullion
price and are bought mainly for investment purposes, although they are also used in jewellery.
They are popular because they are more attractive (decorative) and affordable.
In South Africa, currently the sole manufacturers of minted bars are the Rand Refinery, the
SA Mint and Harmony Gold, although there are jewellery manufacturers that also have the
capability of manufacturing minted bars. The most popular sizes supplied are the 10g, 50g
and 100g bars of 99.99% purity, which incorporate branding as in the case of the Springbok
Brand of the Rand Refinery.
Currently, minted bars are regarded as unwrought precious metal and hence cannot be sold to
the general public.
Comment on proposed amendment
The Precious Metals Bill, 2005 proposes the deregulation of the possession of minted bars.
Regulations under this Act will effect deregulation. South African citizens would then be
allowed to buy minted bars in South Africa.
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Foreign tourists, however, are currently allowed to purchase minted bars from duty-free shops
at the Johannesburg and Cape Town International Airports, and through the Internet from
approved vendors.
GOLD AND SILVER EXCHANGE TRADED FUNDS (ETF)
A Gold ETF is an exchange-traded fund that allows an investor to buy and sell securities
(shares) in small allotments (usually 1/10th or 1/100th of an ounce) of physical gold (bullion).
Similar silver ETFs are also being mooted.
Gold ETFs are backed by gold held by the custodian of the fund and the securities (shares) are
traded on a Stock Exchange like other exchange-listed securities. It is a cost-effective, secure
and convenient way to invest in gold bullion because there are no storage and insurance costs
associated with traditional bullion accounts, and no company risk associated with gold-mining
company shares. In addition it is an instrument that is backed on a one-to-one basis by gold
and not through some derivative formula.
Such gold ETFs (supported by the World Gold Council25) have been available in Australia
(ASX) and London (LSE) since 2003. On 2 November 2004, South Africa became only the
third country in the World to launch the WGC-backed Gold Bullion securities. Called
NewGold Gold Bullion Debentures, the South African Gold ETF is administered by Absa
Bank25 with the Rand Refinery performing the function of Custodian (Business Report, 2004).
Each debenture is valued at 1/100th of one fine ounce of gold issued by NewGold Issuer
Limited, a public company. The approximate price of each debenture is the ZAR price of
1/100th of one fine ounce of gold. There is an annual cost of 0.4 percent payable on the
NewGold Debentures (accrued daily and debited in gold).
The South African Reserve Bank has allocated only 500 000 ounces annually to NewGold,
however, an extension can be applied for when this limit is close to being reached (Mineweb,
2004).
NewGold Gold Bullion Debenture is listed on the JSE Securities Exchange and trades under
the JSE code GLD.26 It is designed to track the spot gold price less fees (see Call Centre
details under Useful Contacts on page 52).
25
Please take note of the WGC and Absa Bank disclaimers in relation to this product.
Disclaimer: Nothing in this Handbook should be construed as a solicitation to buy or sell precious
metal or any precious-metal-related instrument.
Appropriate professional advice must be sought when acting on any information contained in this
publication.
26
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Pre-listing subscriptions totalled about R230 million, which equates to about 2.7 tons of gold
bullion, or about R26/debenture. Although historic for South Africa, the success of the ETF
will depend on generating and sustaining liquidity.
There were reports recently that a US silver ETF could be launched in the near future. With
South Africa proposing the deregulation of its silver market in 2006, developments will be
watched with interest.
GOLD ACCUMULATION PLANS
Gold Accumulation Plans are savings plans, whereby a sum of money is invested monthly in
gold. Basically it entails an investor committing to investing a fixed amount of money every
month, usually for a minimum period of one year (World Gold Council, 2002-4). When the
Plan is set up, instalments are withdrawn from the investors bank account every month and
then used to purchase gold every trading day in a month. The advantage of this is that more
gold is bought when the price is low and less when the price is high, because the daily amount
of money invested is fixed (World Gold Council, 2002-4).
When the account is closed, the investor can obtain the gold in the form of bullion bars, coins,
and sometimes in the form of jewellery. The investor could also choose to get the cash
equivalent, should he wish to sell the gold accumulated in his account. Gold (and platinum)
Accumulation Plans, as described, are available in Japan, but are starting to become popular
in other countries as well.
In South Africa, current legislation restricts the possession of, and dealing in unwrought gold
to precious metal licensees, permit holders and other authorised persons. General citizens can
only possess precious metal in the fabricated (wrought) form as jewellery, or in the legal
tender form as Krugerrands and other legal tender precious metal coins. Therefore, Gold
Accumulation or Savings Plans would contravene South African legislation (Mining Rights
Act, 1967 & Exchange Control Regulations) relating to the possession of and trading in
unwrought gold by general consumers.
Such an initiative would therefore need some tweaking and innovation to suit South African
conditions, before it could provide a novel gold ownership scheme for the country.
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27
Sources: GoldAvenue, 2002; Johnson Matthey, 2003 and Virtual Metals, 2003.
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OPTION: An option gives the holder the right, but not the obligation, to buy or sell precious
metal at a pre-determined price by a pre-agreed date, for which right the buyer must pay
a premium.
This premium is the cost of the option, paid to the writer or grantor of the option. The
right to buy is referred to as a call option and the right to sell, a put option. The
predetermined price is referred to as the strike price. The premium is calculated based on
a combination of the current price of the precious metal in question, the strike price,
current interest rates, time to expiry and the anticipated volatility of the gold price.
Options are of two types: options offered on an exchange and over-the-counter (OTC)
options granted by an individual bank or bullion dealer, which are flexible and tailored
for the clients needs. Exchange Options, on the other hand, offer a standard contract,
which can be traded on the exchange many times before it expires.
OPTION CONTRACT: Is different from an OTC as it is an Exchange product offering the
holder the right but not the obligation to buy or sell gold at a pre-agreed price by an
agreed date.
OTC: Over-the-counter is a term used to describe an option that is written and traded through
principals rather than an Exchange, i.e., directly between buyer and seller.
PUT OPTION: Is an option giving the purchaser the right but not the obligation to sell
precious metal at a predetermined strike price. A CALL OPTION on the other hand
gives the purchaser the right but not the obligation to buy precious metal at a
predetermined strike price.
SWAP: Refers to a spot sale of precious metal usually gold, with a simultaneous equal
forward purchase of equal tonnage.
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USEFUL CONTACTS
Cape Precious Metals
Tel: (021) 551 2066
Fax: (021) 552 1598
Dragon Glass (Importers of Art Clay Silver)
Tel/Fax: 011 849-6430
E-mail: [email protected]
Department of Minerals & Energy Provincial Offices
The Director: Mineral Development
Eastern Cape:
Free State:
Gauteng:
Mpumalanga:
Northern Cape:
Limpopo:
North-West:
Western Cape:
URL: www.dme.gov.za
Department of Trade & Industry Import/Export Control (now ITAC)
Application forms can be collected from: DTI Campus, Block E, Cnr. Esselen and Meintjie
streets, Sunnyside, Pretoria
Tel: (012) 394-3612
Fax: (012) 394-4612
Or downloaded from: URL: www.dti.gov.za
Gold & Diamond Branch of SAPS
Inspector: Rosie Resandt
Tel: (011) 497 7544/7286
Fax: (011) 834 7416
or (011) 871-5632
or (011) 872-0212
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Reserve Bank
Tel: (012) 313 3911/3522
Fax: (012) 313 3969/3929/3197
URL: www.resbank.co.za
SA Gold Coin Exchange
www.sagoldcoin.com
Tel.: (011) 784-8551
Fax: (011) 784-8524
SA Mint Company
Tel: (012) 677 2777
Fax: (012) 677 2690
URL: www.samint.co.za
SARS
Receiver of Revenue: Johannesburg:
Tel: 011 374 8543/8000
Fax: 011 374 8245/8348
Receiver of Revenue: Head Office:
Tel: (012) 422-4000
Fax: (012) 422-5180
SARS
Customs & Excise: Pretoria
Tel: (012) 334-6400
Fax: (012) 328-6478
URL: www.sars.gov.za
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GETTING IT RIGHT
To report errors, omissions and updates, please contact the compiler:
Ashok Damarupurshad at:
Tel: 012 317 8576
Fax: 012 320-4327
[email protected]
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