How to protect FDI in Bolivian mining post-Glencore

Author: Danielle Myles | Published: 17 Jul 2012

Local lawyers have warned of the steps foreign sponsors and investors must take to protect future Bolivian mining projects, following the announced nationalisation of Glencore's local tin and zinc mine.

The warnings are particularly pressing for US entities, following the Bolivian government's termination of the countries' bilateral investment treaty (BIT) in May.

Leftist president Evo Morales has nationalised parts of the hydrocarbon, telecoms and electricity industry since taking office in 2006. But the country's lucrative mining industry had remained untouched, until now.

"There hasn't been many mining companies nationalised, this [Glencore] is really the first private company," said Andres Moreno Gutierrez, a partner with Bolivian firm Moreno Baldivieso.

Despite Morales' tradition of May Day nationalisations, soaring global commodities prices means the high risk, high reward opportunities presented by the country's mining sector have attracted large amounts of foreign investment in recent years.

When it comes to protecting their local investments,...