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Glencore to pay royalties to Dan Gertler companies to avoid asset seizure in DRC

To settle its dispute with Dan Gertler-affiliated Ventora Development Sasu and Africa Horizons Investment Ltd., Glencore PLC said its subsidiaries Mutanda Mining SARL and Kamoto Copper Co. SARL will pay the relevant royalties as they become due in non-U.S. dollars and without involving U.S. persons.

The mining giant said June 15 that this was the only viable option to avoid the material risk of seizure of its assets under court orders in the Democratic Republic of the Congo.

Meanwhile, Mutanda, Kamoto, Ventora and Africa Horizons will withdraw all pending and threatened litigation under a settlement agreement.

Glencore said the payment in non-U.S dollars would appropriately address all applicable sanction obligations.

Ventora served freezing orders in late April against Mutanda and Kamoto, accusing the subsidiaries of failing to make required royalty payments. The units said they do not have to pay Ventora the royalties due to Gertler being classified as a specially designated national by the U.S. government in late 2017.

Earlier in the week, Glencore unit Katanga Mining Ltd., which owns 75% of Mutanda, ended a legal dispute with Democratic Republic of the Congo state miner Gecamines SA over their Kamoto joint venture.

The parties also agreed to resolve the capital deficiency at Kamoto by converting US$5.60 billion of its total debt of about US$9 billion into new shares, effective Jan. 1. Most of the debt is owed to Glencore.