Brazil to seal $30 billion compensation deal with miners over 2015 dam collapse, sources say

By ReutersOctober 18, 2024

General view from above of a dam owned by Vale SA and BHP Billiton Ltd that burst, in Mariana, Brazil, November 10, 2015. 

REUTERS/Ricardo Moraes/File Photo Purchase Licensing Rights, opens new tab

Summary

Agreement set to be officially signed on Oct 25, four sources say

Deal to be for 170 bln reais in total compensation, with 100 bln over 20 years

Samarco to be primary obligor; Vale and BHP to cover 50% each of any unmet obligations

RIO DE JANEIRO, Oct 18 (Reuters) - Miners Vale (VALE3.SA), opens new tab, BHP

(BHP.AX), opens new tab and Samarco are discussing a near $30 billion compensation deal with Brazilian authorities related to the 2015 Mariana dam collapse, they said on Friday, with an agreement set to be signed on Oct. 25, sources said.

The collapse of the dam at an iron ore mine owned by Samarco, a joint venture between Vale and BHP, near the city of Mariana nine years ago unleashed a wave of toxic tailings in a disaster that killed 19 people, left hundreds homeless, flooded forests and polluted the length of the Doce River.

The three mining firms have for years been negotiating a compensation agreement with the country's public attorney and with state and federal authorities, hoping a deal would end several court actions on the matter.
In separate statements and securities filings, Vale, BHP and Samarco said the version of the agreement currently being discussed would include a total compensation of 170 billion reais ($29.9 billion), with 100 billion reais of that to be paid through 20 years directly to public authorities.

The total amount also includes 32 billion reais to be spent by the firms in remediation and compensation measures, and a further 38 billion reais that they have already disbursed, according to the companies.

The agreement is set to be officially signed on Oct. 25, four sources told Reuters on Friday. Local newspaper O Globo had earlier in the day reported the date.

Vale, Samarco and BHP did not say when they expect to sign the agreements. Brazil's solicitor general office, which is part of the negotiations, did not immediately respond to a request for comment on the date.

Vale and BHP said Samarcwould be the primary obligor for the payments, with both owners each paying 50% of any obligations Samarco cannot fund.

Samarco, which is under bankruptcy proceedings, said a previous plan approved by its creditors ruled that it could only pay up to $1 billion in compensation measures until 2031. Any disbursements exceeding it will be covered by Vale and BHP, it added.

Based on that, Vale on Friday forecast that its third-quarter earnings will reflect 5.3 billion reais in new liabilities related to the dam's collapse.

BHP said the agreement in discussion "is broadly aligned with the existing $6.5 billion provision."
In September, Brazil Energy and Mining Minister Alexandre Silveira said the talks at the time were for a roughly 167 billion reais agreement, three billion reais below the terms released by the firms on Friday.

Brazil rejected a previous 127 billion reais proposal earlier this year.
($1 = 5.6897 reais)

Reporting by Rodrigo Viga Gaier and Marta Nogueira in Rio de Janeiro; Additional reporting by Lisandra Paraguassu in Brasilia and Andre Romani in Sao Paulo; Editing by Sandra Maler, Marguerita Choy and Muralikumar Anantharaman

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