In Accordance with Article 33 of the Law on Privatization (“Official Gazette of the RS“, no. 83/14, 46/15, 112/15 and 20/16 - authentic interpretation), Article 11 of the Decree on Strategic Partnership (“Official Gazette of the RS“, no. 129/14, 75/15, 16/16 and 108/16) and the Conclusion of the Government of the Republic of Serbia 05 Number: 023-6896/2018 of July 17, 2018, the Ministry of Economy, on July 18, 2018 (hereinafter: Ministry) publishes the:
for selection of the strategic partner for
MINING AND SMELTING COMBINE RTB BOR (РУДАРСКО-ТОПИОНИЧАРСКИ БАСЕН РТБ БОР ДОО, БОР)
registration number: 07130562
(hereinafter: Public Announcement)
The Ministry invites all interested national and/or foreign legal entities to take part in the procedure of privatization through the model of strategic partnership by recapitalization of the company MINING AND SMELTING COMBINE RTB BOR (РУДАРСКО-ТОПИОНИЧАРСКИ БАСЕН РТБ БОР ДОО, БОР), registration number: 07130562 (hereinafter: Privatization Subject), through the method of public collection of bids, to submit their applications for selection of the strategic partner (hereinafter: Application).
1. Subject of Public Announcement
The subject of Public Announcement is selection of a strategic partner, which, through financial recapitalization of the Privatization Subject in the amount of 350,000,000.00 USD becomes the owner of the share in the Privatization Subject.
2. Data about the Privatization Subject:
According to the data from the companies’ registry kept by the Business Registers Agency:
MINING AND SMELTING COMBINE RTB BOR (РУДАРСКО-ТОПИОНИЧАРСКИ БАСЕН РТБ БОР ДОО БОР)
Structure of the capital:
Value of the capital:
2,333,863,136.32 RSD 25.10.2017.
100.00 RSD 31.12.1997.
147.00 RSD 27.6.2018.
Information Memorandum, Instructions to Bidders and Draft Agreement on Strategic Partnership (hereinafter: Privatization documentation) will be available to all interested parties after signing of the Non-Disclosure Agreement and payment of the fee for Privatization documentation.
The fee for the Privatization documentation amounts to 10,000.00 USD (hereinafter: Fee).
Privatization documentation will be available as of the day this Public Announcement is published.
3. Right to submit applications
Strategic partner may be a national or foreign legal entity. National and/or foreign legal entities may unite for the purpose of strategic partnership (hereinafter: Consortium) and authorize one entity for representation.
A strategic partner, interested in conclusion of the Agreement on Strategic Partnership with the Republic of Serbia must meet the following qualification criteria:
- Its predominant business activity must be exploitation of copper and/or other non-ferrous and precious metals and/or production of copper and/or other non-ferrous and precious metals, in continuity during last 10 years;
- It has achieved in the previous business year preceding the years the public announcement for the strategic partner is published, independently or on a consolidated level, from the predominant business activity referred to in the previous item, sales revenue of at least 500,000,000.00 USD.
Fulfilment of the qualification criteria may also be proven though a legal entity which, directly or indirectly, controls the participant in the procedure.
A Consortium shall have the right to take part in the procedure under the condition that the consortium agreement stipulates the member (i.e. leader) of the Consortium with at least 51% share in the Consortium and which must meet all above stated qualification criteria.
Member (i.e. leader) of the Consortium which meets the qualification criteria or the entity though which fulfillment of qualification criteria is proven shall not leave the Consortium during the entire period of control of fulfillment of contractual obligations defined by the agreement on strategic partnership.
4. Purchase of Privatization documentation
Written request for purchase of the Privatization documentation (hereinafter: Request), is delivered to the Ministry of Economy in writing at the address Kneza Milosa no. 20, 11000 Belgrade, Republic of Serbia or via electronic mail (e-mail) at the address email@example.com and firstname.lastname@example.org, with the visible note “Request for purchase of Privatization documentation - code of the procedure: JP 2/18“.
Among other things, the Request should contain the contact data about the party submitting the Request (full name, address, registration number and TIN, e-mail address and telephone for contact), or otherwise it will be considered incomplete and the Ministry shall not respond to it.
Upon receipt of the complete Request, the authorized person of the party submitting the Request shall be sent the instruction via electronic mail for payment of the fee, as well as the Non-Disclosure Agreement which needs to be signed.
Upon payment of the Fee, submission of the duly signed Non-Disclosure Agreement to the Ministry and the evidence of authorization for the person who signed the Non-Disclosure Agreement, interested parties may take over the Privatization documentation in the premises of the Ministry, at the address: Kneza Milosa 20, 11000 Belgrade, I floor, every working day in the period from 8:00 to 15:00 (office 130) or request delivery of documentation by post at the address specified in the Request. The Ministry shall not be liable in case of loss or delay in delivery of any of the documents.
5.Submission of the Applications
The final deadline for submission of the Applications is August 20, 2018, at 12.00 p.m. (local time in the Republic of Serbia).
The Application is submitted to the Ministry in a closed envelope along with the bid, all in line with and as described by the Instructions to Bidders.
The Applications which do not contain evidence of fulfillment of the conditions referred to in item 3 of this Public Announcement shall not be considered.
The form and contents of the Application, including the form and contents of the statements of the party submitting the Application proving fulfillment of qualification criteria for acquiring of the status of Strategic partner, as well as the method for submission of applications and other, are closely defined by the Instructions to Bidders.
6. Deposit or Bank Guarantee
The precondition for review of the Applications is payment of the deposit or delivery of a guarantee issued by the first-rank bank confirming the seriousness of the bid (in the text: Deposit) in the amount of 1,000,000.00 USD.
The interest shall not be calculated for the paid deposit.
7. Criteria for ranking of the bids
The commission established in accordance with the decision of the Government of the Republic of Serbia, which undertakes the procedure of public collection of bids shall evaluate submitted bids based on the financial and technical criteria, which are closely defined in the Instructions to Bidders.
8. Amendments to the Public Announcement
In case of need, the Ministry reserves the right to amend all or certain elements from this Public Announcement and shall have no liability for possible expenses or damages caused by those amendments.
9. Questions and additional clarifications
For all questions in regards to this Public Announcement, the interest persons may contact below listed individuals, in Serbian or English language.
Ministry of Economy of the Republic of Serbia
Privatization Advisor BDO Business Advisory doo
Kneza Milosa no. 20
Republic of Serbia
Tel.: +381 11 36 42 832
Fax: +381 11 36 18 914
Tel: +381 11 36 42 781
Fax: +381 11 36 18 914
Knez Mihailova 10
Republic of Serbia
Tel: +381 11 32 81 367
Tel: +381 11 32 81 288