ICMI Announces Revisions to the Code and Its Implementing Documents

The International Cyanide Management Institute (ICMI) announced today that the Code and a number of its implementing documents have been revised, as discussed below. These changes take effect today, October 26, 2009, and the English versions of the revised documents are now available on the ICMI web site. French and Spanish translations will soon be posted shortly. A more detailed Summary of Code Changes is available via this link.

Requirement That All Cyanide Producers and Transporters be Code Signatories: All producers and transporters providing cyanide to certified mines are now required to become Code signatories and have their operations certified in compliance with the Code. Code-equivalent, non-certification audits are no longer acceptable as demonstrations that cyanide producers and transporters are in compliance with the Code.

ICMI announced its intention to make this change on June 12, 2009 and solicited comments on its proposal from signatory companies, Code auditors and other Code stakeholders. All comments received supported this change as strengthening the Code and improving its transparency.

Details of this change and a list of the revisions made to specific sections of Code documents are available in the Summary of Code Changes.

Transporters currently operating pursuant to Code-equivalent, non-certification audits may continue to do so for the full three-year duration of their authorization. However, as discussed in the Transition Process, available via this link, ICMI is offering a number of incentives for these transporters to become Code signatories and be certified sooner than otherwise required.

Authorization for Consignors to Become Code Transport Signatories and Certify Designated Supply Chains: The Code has also been revised to allow consignors of cyanide shipments to become signatory transporters. Consignors, which may be cyanide producers, brokers, distributors, sales agents and even gold mining companies, coordinate and oversee the transport of cyanide via contracted carriers, such as trucking companies, railroads, and ships. Prior to this change, the Code required that transport signatories take physical possession of the cyanide, effectively limiting this category of signatories to companies that own and operate trucking companies.

Under the revised requirements, a consignor can designate one or more supply chains, each consisting a multiple carriers, for certification. Each individual truck carrier included in a designated supply chain is subject to a Code verification audit, and the signatory consignor must submit a Detailed Audit Findings Report and Summary Audit Report addressing all carriers in each of its supply chains. Reports of any Due Diligence Investigations of rail or ocean transport will also be included, although no changes have been made to the substantive requirements for Due Diligence Investigations. ICMI will conduct Completeness Reviews of supply chain audit reports, and will post the Summary Audit Report, as well as a Corrective Action Plan, if necessary, on the ICMI web site.

ICMI announced its intention to make this change on June 12, 2009 and solicited comments on its proposal from signatory companies, code auditors and other Code stakeholders. All comments received supported this change.

Details of this change and a list of the revisions made to specific sections of Code documents are available in the Summary of Code Changes.

The Transition Process, available via this link, includes a number of important provisions applicable to transporters that are currently authorized to deliver cyanide to certified gold mines pursuant to Code-equivalent, non-certification audits.

Revisions to Auditor Guidance Regarding Recommendations Made in Peer Reviewed Scientific Studies: Gold mines that propose alternatives to meeting the Code’s recommended numerical guidelines under Standard of Practice 4.4 must submit to ICMI a peer-reviewed scientific study demonstrating that the alternative will protect wildlife even though the concentration of WAD cyanide is greater than 50 mg/l. The guidance has been revised to emphasize that recommendations included in such a study are considered to be requirements that must be implemented for the mine to be in compliance with the Code. In addition, the guidance has been expanded with a procedure for modifying these recommendations.

Details of this change are available in the Summary of Code Changes.

Elimination of Some Notarization Requirement: The requirement that the signatures be notarized on the Summary Audit Report and the letter an operation must submit authorizing ICMI to post the results of a certification audit have been eliminated. Details of this change and a list of the revisions made to specific sections of Code documents are available in the Summary of Code Changes.

Consistent Use of Terminology: Several non-substantive changes have been made to two Code documents to make their use of certain terminology consistent with other Code documents. Details of this change and a list of the revisions made to specific sections of Code documents are available in the Summary of Code Changes.

Date:
Monday, October 26, 2009