An International Perspective on U.S. Minerals Appraisal Standards Development

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An International Perspective on U.S. Minerals Appraisal Standards Development Trevor R. Ellis, CPG, CMA, CGA, FAusIMM Mineral Property Appraiser Ellis International Services, Inc. Denver, Colorado www.minevaluation.com Leader International Valuation Standards Committee s Extractive Industries Task Force Valuation Session, SME 2003 Annual Meeting, Cincinnati

Minerals and Petroleum Appraisal Standards Development Major Questions Is it needed? Why? Who would use it? What body should develop it? What should it contain? What body should maintain and enforce it? How to educate the appraiser and appraisal users?

Current U.S. Minerals Appraisal Standards Developers American Institute of Minerals Appraisers (AIMA) Mining and Metallurgical Society of America International Mining Professionals Society (MMSA IMPS) Centre for Advanced Property Economics (CAPE). Information collection

Purpose of International Context See what international bodies are doing See if international developments may influence future U.S. needs Learn from what other countries are doing Consider possible coordination with international development initiatives

International Accounting Standards Board Draft Extractive Industries International Financial Reporting Standard 2004-2005 Implement in 2 phases ~ 2005-2007 U.S. Financial Accounting Standards Board s convergence agreement of Oct. 2002 Will the U.S. adopt current cost (current value) accounting? Will Industry Guide 7 be superceded?

What are the International Valuation Standards (IVS)? 2001 Edition 458 pages Contains: Valuation Concepts and Principles Code of Conduct Instructions for the 4 Property Types: Real Property, Personal Property, Businesses, Financial Interests (Intangibles) Market and Non-Market Standards Valuation instructions for Financial Reporting (IFRS) and Lending use Guidance Notes and Commentaries Glossary (80 pages)

International Valuation Standards Committee Structure of Standards, Applications, Guidance Notes, and Commentary FUNDAMENTALS HISTORY, INTRODUCTION, CONSTITUTION, ORGANIZATION AND FORMAT OF STANDARDS GENERAL VALUATION CONCEPTS AND PRINCIPLES CODE OF CONDUCT PROPERTY TYPES REAL PROPERTY PERSONAL PROPERTY BUSINESSES FINANCIAL INTERESTS VALUE TYPES MARKET VALUE OTHER THAN MARKET VALUE STANDARDS STANDARD 1 MARKET VALUE VALUATIONS STANDARD 2 NON-MARKET VALUE VALUATIONS SEE NON-MARKET VALUE CHART APPLICATIONS VALUATION APPLICATION FOR FINANCIAL REPORTING VALUATION APPLICATION FOR LENDING PURPOSES GUIDANCE NOTES REAL PROPERTY VALUATION VALUATION OF LEASE INTERESTS VALUATION OF PLANT AND EQUIPMENT INTANGIBLE ASSETS GOING- CONCERN (CONCEPT OF) VALUATION BUSINESS VALUATION CONSIDERATION OF HAZARDOUS AND TOXIC SUBSTANCES (IN VALUATION) DEPRECIATED REPLACEMENT COST (DRC) SPECIALIZED TRADING PROPERTIES** COMMENTARY INVESTMENT PROPERTIES ADDENDA GLOSSARY OF TERMS **Note: These three Guidance Notes all reference specialized trading properties

International Valuation Standards Extractive industries appraisal guidance Minerals and petroleum The 4 property types All appraisal purposes Fast track for IFRS support First draft March 2003 Exposure draft October 2003 Release 2004

Australia s s VALMIN Code By Australasian Institute of Mining & Metallurgy 1 st Edition 1995 3 rd Edition under development Appraisal of Minerals and petroleum assets Primarily for securities industry reporting Not compliant with Generally Accepted Valuation Principles (GAVP) Provides business value of assets 1 of 4 property types Introduced fundamental minerals appraisal principles

Canada s s CIMVal Standard By Canadian Institute of Mining, Metallurgy and Petroleum Submitted for securities regulatory approval Standards and Guidelines for appraisal of mineral properties i.e. real property value; 1 of 4 property types All appraisal purposes GAVP compliant Designed to interface with IVS Strong emphasis on sales analysis

South African SAMVAL Code Most advanced of the three By South African Institute of Mining & Metallurgy 2 nd draft released All 4 property types; all appraisal purposes Integrates the IVS by references and reliance Guidance provided for reporting under IFRSs

U.S.A. Status

Uniform Standards of Professional Appraisal Practice The U.S. national appraisal standard Adopted into law by all 50 states Requirements for use vary State-by-State Comprehensive appraisal standard for all purposes and uses Does not provide specific guidance for appraisal of minerals nor petroleum assets

American Institute of Minerals Appraisers 1999 initiative set aside Based on the VALMIN 98 Code SME published author s papers documenting findings from research and experience Violated GAVP Produced only business value of assets Must interface with national and international valuation standards New initiative now beginning

Mining and Metallurgical Society of America International Mining Professionals Society 4 th draft released of USMinval Direct modification of VALMIN 98 All problems found with AIMA s modification of VALMIN remain

Centre for Advanced Property Economics (CAPE) Research body sponsored by the major U.S. appraisal institutes Subsidiary body established 2002 for minerals appraisal research October 2003 conference in Denver to obtain input for possible standards development

U.S. Minerals Appraisal Standards Development Questions

Is there Adequate Need? Why is it needed? Some consider USPAP an adequate framework Supplement with SME Reserve-Resource guidelines Should it cover the oil and gas industry Minerals industry s big brother Likely easier to sell to the nation How do we decide?

What should it address? What is lacking in the present U.S. standards structure? What should be its primary goals? What items should it address? Minerals appraiser qualifications, competency, independence, reasonableness Enforcement and sanction mechanisms Relationship to Resources/Reserves, technical assessments, feasibility studies Report contents: maps, photographs, geology Appraisal approaches, methods, considerations

How should it relate to other standards? Should it reference or rely on USPAP? Could it adopt the IVS Extractive Industries section? Should it address financial reporting? US GAAP or IFRS? What happens if the U.S. adopts the IFRSs? IVS likely to replace USPAP Should we patiently wait a few years?

What Body should Develop It? Which of the present developers is appropriate? AIMA MMSA-IMPS CAPE Should a development committee be established under AIME for SME and SPE? Involve AIMA, Appraisal Foundation, FASB, etc. What body should publish and/or maintain it? Appraisal Standards Board?

Who is Qualified to Develop It? Possible qualification requirements among drafting team members: Certified Minerals Appraiser Certified General Appraiser USPAP and UAS education and experience Mining engineering Petroleum engineering Geology Mineral economics Accounting and finance Minerals law

How should Input be Managed? How should input regarding goals be obtained? Conferences were held for VALMIN, CIMVal and SAMVAL CAPE is organizing a conference Circulate a questionnaire? How and where should drafts be circulated? How should feedback be analyzed? How should field testing be conducted?

What Structural Philosophy? Does it need ability to function independent of other standards? Does it need to interface seemlessly with USPAP, IVS, UAS? Should it draw or rely upon USPAP or IVS? Should it be Standards or only guidelines? Should it be goals or rules based? Should it contain instructional or eductional material?

Who will be Qualified or Competent? Appraiser qualification requirements? What experience requirement? Would it need a competency provision? Should there be testing? Who would develop and maintain the test? How would reciprocity of certification be established internationally?

How will Minerals Appraiser Education be Provided? No comprehensive minerals or petroleum appraiser education available globally For GAVP-based standards For market value appraisal What body should provide the training? How will educational materials be developed? How will instructors be trained and quality of teaching be maintained? Should continuing eduction be required? How can users be educated?

How to enforce the standard? What body should enforce the standard? Should it conduct disciplinary hearings? How to enforce sanctions? Removal of Certification or License? How to sanction unlicensed/uncertified violators?

Conclusions Many unanswered questions need to be addressed before developing a U.S. minerals and/or petroleum appraisal standard Much research and debate is needed Consideration of international developments is important