cyanide chemistry

Cyanide Facts

Cyanide Chemistry

Cyanide Species

The term cyanide refers to a singularly charged anion consisting of one carbon atom and one nitrogen atom joined with a triple bond, CN-. The most toxic form of cyanide is free cyanide, which includes the cyanide anion itself and hydrogen cyanide, HCN, either in a gaseous or aqueous state. At a pH of 9.3 - 9.5, CN- and HCN are in equilibrium, with equal amounts of each present. At a pH of 11, over 99% of the cyanide remains in solution as CN-, while at pH 7, over 99% of the cyanide will exist as HCN. Although HCN is highly soluble in water, its solubility decreases with increased temperature and under highly saline conditions. Both HCN gas and liquid are colorless and have the odor of bitter almonds, although not all individuals can detect the odor.

Cyanide is very reactive, forming simple salts with alkali earth cations and ionic complexes of varying strengths with numerous metal cations; the stability of these salts is dependent on the cation and on pH. The salts of sodium, potassium and calcium cyanide are quite toxic, as they are highly soluble in water, and thus readily dissolve to form free cyanide. Operations typically receive cyanide as solid or dissolved NaCN or Ca(CN)2. Weak or moderately stable complexes such as those of cadmium, copper and zinc are classified as weak-acid dissociable (WAD). Although metal-cyanide complexes by themselves are much less toxic than free cyanide, their dissociation releases free cyanide as well as the metal cation which can also be toxic. Even in the neutral pH range of most surface water, WAD metal-cyanide complexes can dissociate sufficiently to be environmentally harmful if in high enough concentrations.

Cyanide forms complexes with gold, mercury, cobalt and iron that are very stable even under mildly acidic conditions. However, both ferro- and ferricyanides decompose to release free cyanide when exposed to direct ultraviolet light in aqueous solutions. This decomposition process is reversed in the dark. The stability of cyanide salts and complexes is pH dependent, and therefore, their potential environmental impacts and interactions (i.e. their acute or chronic effects, attenuation and re-release) can vary.

Metal cyanide complexes also form salt - type compounds with alkali or heavy metal cations, such as potassium ferrocyanide (K4Fe(CN)6) or copper ferrocyanide (Cu2[Fe(CN)6]), the solubility of which varies with the metal cyanide and the cation. Nearly all alkali salts of iron cyanides are very soluble, upon dissolution these double salts dissociate and the liberated metal cyanide complex can produce free cyanide. Heavy metal salts of iron cyanides form insoluble precipitates at certain pH levels.

The cyanide ion also combines with sulfur to form thiocyanate, SCN-. Thiocyanate dissociates under weak acidic conditions, but is typically not considered to be a WAD species because it has similar complexing properties to cyanide. Thiocyanate is approximately 7 times less toxic than hydrogen cyanide but is very irritating to the lungs, as thiocyanate chemically and biologically oxidizes into carbonate, sulfate and ammonia.

The oxidation of cyanide, either by natural processes or from the treatment of effluents containing cyanide, can produce cyanate, OCN-. Cyanate is less toxic than HCN, and readily hydrolyzes to ammonia and carbon dioxide.

Cyanidation

The process of extracting gold from ore with cyanide is called cyanidation. The reaction, known as Elsner's Equation, is:

4 Au + 8 CN- + O2 + 2 H2O = 4 Au(CN)2- + 4 OH-

Although the affinity of cyanide for gold is such that it is extracted preferentially, cyanide will also form complexes with other metals from the ore, including copper, iron and zinc. The formation of strongly bound complexes such as those with iron and copper will tie up cyanide that would otherwise be available to dissolve gold.

Copper cyanides are moderately stable; their formation can cause both operational and environmental concerns, as wastewater or tailings from such operations may have significantly higher cyanide concentrations than would otherwise be present in the absence of copper.

High copper concentrations in the ore increase costs and lower recovery efficiencies by requiring higher cyanide application rates to compensate for reagent that complexes with copper rather than gold.

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Cyanidation is also adversely affected by the presence of free sulfur or sulfide minerals in the ore. Cyanide will preferentially leach sulfide minerals and will react with sulfur to produce thiocyanate. These reactions will also enhance the oxidation of reduced sulfur species, increasing the requirement for lime addition to control the pH at a sufficient level to avoid the volatilization of hydrogen cyanide (HCN).

Cyanide chemistry is complex, and those seeking additional information may find the list of reference materials found at the Code's website helpful: References.

Use of Cyanide in the Gold Industry

This document provides a general overview of the use of cyanide in the gold recovery process, and is not intended to be a technical reference on the use of cyanide to recover gold.

Introduction

Gold typically occurs at very low concentrations in ores - less than 10 g/t or 0.001% (mass basis). At these concentrations the use of aqueous chemical (hydrometallurgical) extraction processes is the only economically viable method of extracting the gold from the ore. Typical hydrometallurgical gold recovery involves a leaching step during which the gold is dissolved in an aqueous medium, followed by the separation of the gold bearing solution from the residues, or adsorption of the gold onto activated carbon. After elution from the activated carbon the gold is further concentrated by precipitation or electrodeposition.

Gold is one of the noble metals and as such it is not soluble in water. A complexant, such as cyanide, which stabilizes the gold species in solution, and an oxidant such as oxygen are required to dissolve gold. The amount of cyanide in solution required for dissolution may be as low as 350 mg/l or 0.035% (as 100% NaCN).

Alternative complexing agents for gold, such as chloride, bromide, thiourea, and thiosulfate form less stable complexes and thus require more aggressive conditions and oxidants to dissolve the gold. These reagents present risks to health and the environment, and are more expensive. This explains the dominance of cyanide as the primary reagent for the leaching of gold from ores since its introduction in the later part of the 19th century.

Manufacture, Transport and Storage of Cyanide

Approximately 1.1 million metric tons of hydrogen cyanide are produced annually worldwide, with approximately 6% used to produce cyanide reagents for gold processing. The remaining 94% is used in industrial applications including production of plastics, adhesives, fire retardants, cosmetics, pharmaceuticals, food processing and as an anti-caking additive for table and road salts.

Cyanide is manufactured and distributed for use in gold mining industries in a variety of physical and chemical forms, including solid briquettes, flake cyanide and liquid cyanide. Sodium cyanide is supplied as either briquettes or liquid, while calcium cyanide is supplied in flake form and also in liquid form. The strength of bulk cyanide reagents vary from 98% for sodium cyanide briquettes, 44-50% for flake calcium cyanide, 28-33% for liquid sodium cyanide and 15-18% for liquid calcium cyanide. The product strength is quoted on a molar basis as either sodium or calcium cyanide.

The form of cyanide reagent chosen for use typically depends on availability,distance from the source and cost. Where liquid cyanide is used, it is transported to the mine by tanker truck or rail car and is off-loaded into a storage tank. The truck or rail car may have a single or double walled tank, and the location and design of the discharge equipment varies by vehicle.

Solid briquette or flake cyanide is transported to the mine in drums, plastic bags, boxes, returnable bins and ISO-containers. Depending on how the reagent is packaged, the mine will design and construct the necessary equipment to safely dissolve the solid cyanide in a high-pH solution. The pH value of cyanide solutions during dissolution must be maintained above pH 12 to avoid the volatilization of hazardous hydrogen cyanide (HCN) gas. The resulting cyanide solution is then pumped to a storage tank prior to introduction into the process.

The cyanide solution is fed from the storage tank into the metallurgical process stream in proportion to the dry mass of solids in the process stream. The feed rate of cyanide is controlled to maintain an optimum cyanide level as demanded by the metallurgy of the ore being treated.

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A mine's inventory of bulk cyanide reagent is dictated by the requirements to maintain continuous operations, and to limit the frequency of off-loading events, which are regarded as safety critical events.

Although the forms of cyanide vary, once introduced into the process, the technologies used for gold recovery are the same.

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Ore Preparation

Preparation of the ore is necessary so that it can be presented to the aqueous cyanide solution in a form that will ensure the optimal economic recovery of the gold. The first step in ore preparation is crushing and grinding, which reduces the particle size of the ore and liberates the gold for recovery.

Ore that contains free gold may not yield a sufficiently high recovery by sole use of cyanide leaching, due to a very long dissolution time for large gold particles. Such ore may first be subject to a gravity recovery process to recover the free gold before being subjected to cyanide leaching.

Gold bearing ores that contain gold associated with sulfide or carbonaceous minerals require additional treatment, other than size reduction, prior to gold recovery. Gold recovery from sulfide ore is poor because the cyanide preferentially leaches the sulfide minerals rather than the gold, and cyanide is consumed by the formation of thiocyanate. These ores are subject to a concentration processes such as flotation, followed by a secondary process to oxidize the sulfides, thereby limiting their interaction with the cyanide during the gold leach. Carbonaceous minerals adsorb gold once solubilized; oxidizing the ore prior to leaching prevents this. To counter this affect, the leaching process may also be modified by the addition of activated carbon to preferentially adsorb the gold.

Leaching with Aqueous Cyanide Solutions

When gold is leached in an aqueous cyanide solution it forms a gold-cyanide complex by oxidizing with an oxidant such as dissolved oxygen and cyanide complexation. This complex is very stable and the cyanide required is only slightly in excess of the stoichiometric requirement. However, in practice the amount of cyanide used in leach solutions is dictated by the presence of other cyanide consumers, and the need to increase the rate of leaching to acceptable levels.

Typical cyanide concentrations used in practice range from 300 to 500 mg/l (0.03 to 0.05% as NaCN) depending on the mineralogy of the ore. The gold is recovered by means of either heap leaching or agitated pulp leaching.

In heap or dump leaching the ore or agglomerated fine ore is stacked in heaps on a pad lined with an impermeable membrane. Cyanide solution is introduced to the heap by sprinklers or a drip irrigation system. The solution percolates through the heap leaching the gold from the ore, and the resultant gold bearing solution is collected on the impermeable membrane and channeled to storage facilities for further processing. Heap leaching is attractive due to the low capital cost involved, but is a slow process and the gold extraction efficiency is a relatively low 50-75%.

In a conventional milling and agitated leaching circuit, the ore is milled in semi-autogenous ball or rod mills until it is the consistency of powder. The milled ore (slurry) is conveyed to a series of leach tanks. The slurry is agitated in the leach tanks, either mechanically or by means of air injection, to increase the contact of cyanide and oxygen with the gold and enhance the efficiency of the leach process. The cyanide then dissolves gold from the ore and forms a stable gold-cyanide complex.

The use of oxygen or peroxygen compounds instead of air as an oxidant increases the leach rate and decreases cyanide consumption, due to the inactivation of some of the cyanide consuming species present in the slurry.

The pH of the slurry is raised to pH 10-11 using lime, at the head of the leach circuit to ensure that when cyanide is added, toxic hydrogen cyanide gas is not generated and the cyanide is kept in solution to dissolve the gold. The slurry may also be subject to other preconditioning such as pre-oxidation at the head of the circuit before cyanide is added.

Highly activated carbon is used in the dissolved gold recovery process, either by introducing it directly into the CIL (carbon-in-leach) tanks or into separate CIP (carbon-in-pulp) tanks after leaching. The activated carbon adsorbs the dissolved gold from the leach slurry thereby concentrating it onto a smaller mass of solids. The

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carbon is then separated from the slurry by screening and subjected to further treatment to recover the adsorbed gold.

When carbon is not used to adsorb the dissolved gold in the above-mentioned leach slurry, the gold bearing solution must be separated from the solids components utilizing filtration or thickening units. The resultant solution, referred to as pregnant solution, is subjected to further treatment (other than by carbon absorption) to recover the dissolved gold.

The waste from which the gold was removed by any means is referred to as residue or tailings material. The residue is either dewatered to recover the solution, treated to neutralize or recover cyanide, or is sent directly to the tailing storage facility.

Recovery of Dissolved Gold

Gold is recovered from the solution first using either cementation on zinc powder or concentrating the gold using adsorption on activated carbon, followed by elution and concluding with either cementation with zinc or electrowinning. For efficient cementation, a clear solution prepared by filtration or counter current decantation is required.

The most cost-effective process is to create adsorption of the dissolved gold onto activated carbon, resulting in an easier solid-solid separation based on size. To achieve this the ore particles must typically be smaller than 100 µm while the carbon particles must be larger than 500 µm. Adsorption is achieved by contacting the activated carbon with the agitated pulp. This can be done while the gold is still being leached with the CIL-process, or following leaching with the CIP-process. The CIL-process offers the advantage of countering the adsorption of gold on carbonaceous or shale ore particles, but is more expensive due to less efficient adsorption, increased gold inventory and increased fouling and abrasion of the carbon.

Activated carbon in contact with a pulp containing gold can typically recover more than 99.5% of the gold in the solution in 8 to 24 hours, depending on the reactivity of the carbon, the amount of carbon used and the mixer's efficiency. The loaded carbon is then separated from the pulp by screens that are air or hydrodynamically swept, thus preventing blinding by the near sized carbon particles. The pulp residue is then either thickened to separate the cyanide containing solution for recovery/destruction of the cyanide, or sent directly to the tailings storage facility from which the cyanide containing solution is recycled to the leach plant.

The gold adsorbed on the activated carbon is recovered from the carbon by elution, typically with a hot caustic aqueous cyanide solution. The carbon is then regenerated and returned to the adsorption circuit while the gold is recovered from the eluate using either zinc cementation or electrowinning. If it contains significant amounts of base metals, the gold concentrate is then either calcined or directly smelted and refined to gold bullion that typically contains about 70 - 90% gold. The bullion is then further refined to either 99.99% or 99.999% fineness using chlorination, smelting and electro-refining. High purity gold is taken directly from activated carbon eluates, using recently developed processes that utilize solvent extraction to produce intensive leaching of gravity concentrates.

Environmental and Health Effects of Cyanide

This document is a general summary of cyanide's effects on human health and the environment, and is not intended to be a complete reference on all the environmental and health effects of cyanide.

Human Health Effects

Cyanide is produced in the human body and exhaled in extremely low concentrations with each breath. It is also produced by over 1,000 plant species including sorghum, bamboo and cassava. Relatively low concentrations of cyanide can be highly toxic to people and wildlife.

Cyanide is acutely toxic to humans. Liquid or gaseous hydrogen cyanide and alkali salts of cyanide can enter the body through inhalation, ingestion or absorption through the eyes and skin. The rate of skin absorption is enhanced when the skin is cut, abraded or moist; inhaled salts of cyanide are readily dissolved and absorbed upon contact with moist mucous membranes.

The toxicity of hydrogen cyanide to humans is dependent on the nature of the exposure. Due to the variability of dose-response effects between individuals, the toxicity of a substance is typically expressed as the concentration or dose that is lethal to 50% of the exposed population (LC50 or LD50). The LC50 for gaseous hydrogen cyanide

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is 100-300 parts per million. Inhalation of cyanide in this range results in death within 10-60 minutes, with death coming more quickly as the concentration increases. Inhalation of 2,000 parts per million hydrogen cyanide causes death within one minute. The LD50 for ingestion is 50-200 milligrams, or 1-3 milligrams per kilogram of body weight, calculated as hydrogen cyanide. For contact with unabraded skin, the LD50 is 100 milligrams (as hydrogen cyanide) per kilogram of body weight.

Although the time, dose and manner of exposure may differ, the biochemical action of cyanide is the same upon entering the body. Once in the bloodstream, cyanide forms a stable complex with a form of cytochrome oxidase, an enzyme that promotes the transfer of electrons in the mitochondria of cells during the synthesis of ATP. Without proper cytochrome oxidase function, cells cannot utilize the oxygen present in the bloodstream, resulting in cytotoxic hypoxia or cellular asphyxiation. The lack of available oxygen causes a shift from aerobic to anaerobic metabolism, leading to the accumulation of lactate in the blood. The combined effect of the hypoxia and lactate acidosis is depression of the central nervous system that can result in respiratory arrest and death. At higher lethal concentrations, cyanide poisoning also affects other organs and systems in the body, including the heart.

Initial symptoms of cyanide poisoning can occur from exposure to 20 to 40 ppm of gaseous hydrogen cyanide, and may include headache, drowsiness, vertigo, weak and rapid pulse, deep and rapid breathing, a bright-red color in the face, nausea and vomiting. Convulsions, dilated pupils, clammy skin, a weaker and more rapid pulse and slower, shallower breathing can follow these symptoms. Finally, the heartbeat becomes slow and irregular, body temperature falls, the lips, face and extremities take on a blue color, the individual falls into a coma, and death occurs. These symptoms can occur from sublethal exposure to cyanide, but will diminish as the body detoxifies the poison and excretes it primarily as thiocyanate and 2 amino thiazoline 4 carboxilic acid, with other minor metabolites.

The body has several mechanisms to effectively detoxify cyanide. The majority of cyanide reacts with thiosulfate to produce thiocyanate in reactions catalyzed by sulfur tranferase enzymes such as rhodanese. The thiocyanate is then excreted in the urine over a period of days. Although thiocyanate is approximately seven times less toxic than cyanide, increased thiocyanate concentrations in the body resulting from chronic cyanide exposure can adversely affect the thyroid. Cyanide has a greater affinity for methemoglobin than for cytochrome oxidase, and will preferentially form cyanomethemoglobin. If these and other detoxification mechanisms are not overwhelmed by the concentration and duration of cyanide exposure, they can prevent an acute cyanide-poisoning incident from being fatal.

Some of the available antidotes to cyanide poisoning take advantage of these natural detoxifying mechanisms. Sodium thiosulfate, administered intravenously, provides sulfur to enhance the sulfur transferase-mediated transformation of cyanide to thiocyanate. Amyl nitrite, sodium nitrite and dimethyl aminophenol (DMAP) are used to increase the amount of methemoglobin in the blood, which then binds with cyanide to form non-toxic cyanomethemoglobin. Cobalt compounds are also used to form stable, non-toxic cyanide complexes, but as with nitrite and DMAP, cobalt itself is toxic.

Cyanide does not accumulate or biomagnify, so chronic exposure to sublethal concentrations of cyanide does not appear to result in acute toxicity. However, chronic cyanide poisoning has been observed in individuals whose diet includes significant amounts of cyanogenic plants such as cassava. Chronic cyanide exposure is linked to demyelination, lesions of the optic nerve, ataxia, hypertonia, Leber's optic atrophy, goiters and depressed thyroid function.

There is no evidence that chronic cyanide exposure has teratogenic, mutagenic or carcinogenic effects.

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Cyanide in the Environment

Cyanide is produced naturally in the environment by various bacteria, algae, fungi and numerous species of plants including beans (coffee, chickpeas and lima), fruits (seeds and pits of apple, cherry, pear, apricot, peach and plum), almond and cashew nuts, vegetables of the cabbage family, grains (alfalfa, and sorghum), roots (cassava, potato, radish and turnip), white clover and young bamboo shoots. Incomplete combustion during forest fires is believed to be a major environmental source of cyanide, and incomplete combustion of articles containing nylon produces cyanide through depolymerization.

Once released in the environment, the reactivity of cyanide provides numerous pathways for its degradation and attenuation:

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Complexation: Cyanide forms ionic complexes of varying stability with many metals. Most cyanide complexes are much less toxic than cyanide, but weak acid dissociable complexes such as those of copper and zinc are relatively unstable and will release cyanide back to the environment. Iron cyanide complexes are of particular importance due to the abundance of iron typically available in soils and the extreme stability of this complex under most environmental conditions. However, iron cyanides are subject to photochemical decomposition and will release cyanide if exposed to ultraviolet light. Metal cyanide complexes are also subject to other reactions that reduce cyanide concentrations in the environment, as described below.

Precipitation: Iron cyanide complexes form insoluble precipitates with iron, copper, nickel, manganese, lead, zinc, cadmium, tin and silver. Iron cyanide forms precipitates with iron, copper, magnesium, cadmium and zinc over a pH range of 2-11.

Adsorption: Cyanide and cyanide-metal complexes are adsorbed on organic and inorganic constituents in soil, including oxides of aluminum, iron and manganese, certain types of clays, feldspars and organic carbon. Although the strength of cyanide retention on inorganic materials is unclear, cyanide is strongly bound to organic matter.

Cyanate: Oxidation of cyanide to less toxic cyanate normally requires a strong oxidizing agent such as ozone, hydrogen peroxide or hypochlorite. However, adsorption of cyanide on both organic and inorganic materials in the soil appears to promote its oxidation under natural conditions.

Thiocyanate: Cyanide reacts with some sulfur species to form less toxic thiocyanate. Potential sulfur sources include free sulfur and sulfide minerals such as chalcopyrite (CuFeS2), chalcocite (Cu2S) and pyrrhotite (FeS), as well as their oxidation products, such as polysulfides and thiosulfate.

Volatilization: At the pH typical of environmental systems, free cyanide will be predominately in the form of hydrogen cyanide, with gaseous hydrogen cyanide evolving slowly over time. The amount of cyanide lost through this pathway increases with decreasing pH, increased aeration of solution and with increasing temperature. Cyanide is also lost through volatilization from soil surfaces.

Biodegradation: Under aerobic conditions, microbial activity can degrade cyanide to ammonia, which then oxidizes to nitrate. This process has been shown effective with cyanide concentrations of up to 200 parts per million. Although biological degradation also occurs under anaerobic conditions, cyanide concentrations greater than 2 parts per million are toxic to these microorganisms.

Hydrolysis: Hydrogen cyanide can be hydrolyzed to formic acid or ammonium formate. Although this reaction is not rapid, it may be of significance in ground water where anaerobic conditions exist.

Effects on Wildlife: Although cyanide reacts readily in the environment and degrades or forms complexes and salts of varying stabilities, it is toxic to many living organisms at very low concentrations.

Aquatic Organisms: Fish and aquatic invertebrates are particularly sensitive to cyanide exposure. Concentrations of free cyanide in the aquatic environment ranging from 5.0 to 7.2 micrograms per liter reduce swimming performance and inhibit reproduction in many species of fish. Other adverse effects include delayed mortality, pathology, susceptibility to predation, disrupted respiration, osmoregulatory disturbances and altered growth patterns. Concentrations of 20 to 76 micrograms per liter free cyanide cause the death of many species, and concentrations in excess of 200 micrograms per liter are rapidly toxic to most species of fish. Invertebrates experience adverse nonlethal effects at 18 to 43 micrograms per liter free cyanide, and lethal effects at 30 to 100 micrograms per liter (although concentrations in the range of 3 to 7 micrograms per liter caused death in the amphipod Gammarus pulex).

Algae and macrophytes can tolerate much higher environmental concentrations of free cyanide than fish and invertebrates, and do not exhibit adverse effects at 160 micrograms per liter or more. Aquatic plants are unaffected by cyanide at concentrations that are lethal to most species of freshwater and marine fish and invertebrates. However, differing sensitivities to cyanide can result in changes to plant community structure, with cyanide exposures leaving a plant community dominated by less sensitive species.

The toxicity of cyanide to aquatic life is probably caused by hydrogen cyanide that has ionized, dissociated or photochemically decomposed from compounds containing cyanide. Toxic effects of the cyanide ion itself on aquatic organisms are not believed to be significant, nor are the effects of photolysis of ferro- and ferricyanides. It is therefore the hydrogen cyanide concentration of water that is of greatest significance in determining toxicity to aquatic life rather than the total cyanide concentration.

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The sensitivity of aquatic organisms to cyanide is highly species specific, and is also affected by water pH, temperature and oxygen content, as well as the life stage and condition of the organism.

Birds: Reported oral LD50 for birds range from 0.8 milligrams per kilogram of body weight (American racing pigeon) to 11.1 milligrams per kilogram of body weight (domestic chickens). Symptoms including panting, eye blinking, salivation and lethargy appear within one-half to five minutes after ingestion in more sensitive species, and up to ten minutes after ingestion by more resistant species. Exposures to high doses resulted in deep, labored breathing followed by gasping and shallow intermittent breathing in all species. Mortality typically occurred in 15 to 30 minutes; however birds that survived for one hour frequently recovered, possibly due to the rapid metabolism of cyanide to thiocyanate and its subsequent excretion.

Ingestion of WAD cyanide solutions by birds my cause delayed mortality. It appears that birds may drink water containing WAD cyanide that is not immediately fatal, but which breaks down in the acidic conditions in the stomach and produces sufficiently high cyanide concentrations to be toxic.

Sublethal effects of cyanide exposure to birds, such as an increase in their susceptibility to predators, have not been fully investigated and reported.

Mammals: Cyanide toxicity to mammals is relatively common due to the large number of cyanogenic forage plants such as sorghum, sudan grasses and corn. Concentrations of cyanide in these plants are typically highest in the spring during blooming. Dry growing conditions enhance the accumulation of cyanogenic glycosides in certain plants as well as increase the use of these plants as forage.

Reported oral LD50 for mammals range from 2.1 milligrams per kilogram of body weight (coyote) to 6.0-10.0 milligrams per kilogram of body weight (laboratory white rats). Symptoms of acute poisoning usually occur within ten minutes of ingestion, including: initial excitability with muscle tremors; salivation; lacrimation; defecation; urination; labored breathing; followed by muscular incoordination, gasping and convulsions. In general, cyanide sensitivity for common livestock decreases from cattle to sheep to horses to pigs; deer and elk appear to be relatively resistant.

Although present in the environment and available in many plant species, cyanide toxicity is not widespread due to a number of significant factors:Cyanide has low persistence in the environment and is not accumulated or stored in any mammal studied.

There is no reported biomagnification of cyanide in the food chain. Although chronic cyanide intoxication exists, cyanide has a low chronic toxicity. Repeated sublethal doses of cyanide seldom result in cumulative adverse effects. Many species can tolerate cyanide in substantial yet sublethal intermittent doses for long periods of time.

Sampling and Analysis

This document provides general background information on the sampling and analysis of the various forms of cyanide in aqueous samples at gold mining operations. It is not intended to be an all-inclusive reference for cyanide sampling or analysis.

General Information

This document places emphasis on proven and reliable methods used globally for the monitoring of process solutions and environmental compliance at gold mining operations. Other analytical procedures do exist for the measurement of cyanide that are capable of generating acceptable results; these alternative procedures can be substituted for the traditional methods included in this document. The mining industry, regulators and most service laboratories generally use the following guidelines for cyanide species.

Free Cyanide (CNF)

Only hydrogen cyanide and the cyanide ion in solution can be classed as "free" cyanide. The proportions of HCN and CN- in solution are according to their equilibrium equation; this is influenced by the solution pH.

Methods used to detect free cyanide should not alter the stability of weaker cyanide complexes, as they may otherwise be included in the free cyanide result.

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Methods used to detect free cyanide should be clear of interferences due to the presence of high concentrations of more stable cyanide complexes or other cyanide forms. If not, the interference must be quantified and allowed for in the result.

Weak Acid Dissociable Cyanide (CNWAD)

Unlike the definition of "free cyanide" which identifies the specific cyanide species being measured, WAD cyanide refers to those cyanide species measured by specific analytical techniques. WAD cyanide includes those cyanide species liberated at moderate pH of 4.5 such as HCN(aq) and CN-, the majority of Cu, Cd, Ni, Zn, Ag complexes and others with similar low dissociation constants.

Methods used to measure WAD should be free from interferences due to the presence of high concentrations of more stable cyanide complexes or other cyanide forms. If not, the interference must be quantified and allowed for in the result.

Total Cyanide (CNT)

This measurement of cyanide includes all free cyanide, all dissociable cyanide complexes and all strong metal cyanide including ferro-cyanide Fe(CN)6

-4, ferri-cyanide Fe(CN)6-3, and portions of hexacyano cobaltate Co(CN)6

-3 and those of gold and platinum. Only the related or derived compounds cyanate (CNO-) and thiocyanate (SCN-) are excluded from the definition of total cyanide.

Methods used to determine total cyanide must be shown to be capable of quantitatively determining all stable complexes of cyanide, including the cobalt cyanide complex. If methods determine other analytes as well (e.g. include SCN-), those analytes need to be determined separately and allowed for in the total result.

Sampling

The importance of sampling and sample handling, prior to delivery to the laboratory, is summarized by the following statement.

The results of analysis can be no better than the sample on which it was performed.

While the taking of either aqueous or solid samples may appear easy, the collection of correct samples, both in terms of location and with respect to the analytes to be monitored, is fraught with difficulties. Any sampling must have as its aim the collection of a representative portion of the substance to be analysed. When this portion is presented for analysis, the parameters to be determined must be present in the same concentration and chemical or biological form as found in the original environment from which the portion was removed.

Samples representative of a site, or of a portion of a site, provide information that is often extrapolated to include the whole area under investigation. This is true whether the entity being sampled is a contaminated section of land, surface water, an industrial outfall, or a drum containing waste material. Therefore, samples must be representative of the specific entity being sampled, but not necessarily representative of the entire area of which it is part.

The overall objectives of a sampling program must be considered in the development of the sampling plan. Sampling may be performed for one of several purposes:

Maximum, minimum and average values for a near steady state stream with the aim of monitoring compliance versus set specifications (process control, environmental criteria). Such data can illustrate the likelihood and magnitude of occurring non-compliance provided enough data points have been analyzed from samples. Process, residue, and effluent stream analysis could have this type of objective. Even aquifer sampling (bore-holes) would fit this description. Often the relative mass-flows have to be known for proper data integration.

Maximum, minimum and average values derived from the analysis of "batch streams" such as treated backfill portions or detoxified waste batches usually require a minimum of one data point per batch to insure a representative sample. The major objective remains one of compliance and/or verification of effective management procedures for the batch streams involved.

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1. Non-steady state events following a cyclic pattern are often influenced by several parameters, and these parameters in themselves may also be susceptible to cyclic changes. In other words, these confounding factors create a complex situation that requires careful analysis and planning to obtain a representative sample.

2. The cycle periods have to be known along with many other factors of influence in the "system". A typical example would be the sampling of tailings surface liquid (or solids), decant liquids or return dam bulk liquid. All of these "sample populations" undergo massive cyclic fluctuations through influence of chemical and physical changes from process management tailings surface events and seasonal climatic conditions.

3. It will be apparent that the cycle periods are not in any way synchronized and hence seemingly random data might be obtained. An objective for such sampling campaigns could be the establishment of a predictions database based on the understanding of the fundamental principles. This means that a complete, non-biased sampling effort across the longest cycle needs to be performed at least once. Alternatively, once such principles are known, selected samples taken at certain times could be analyzed for monitoring purposes. While many sampling strategies may be developed, the main, basic approaches to sampling are depicted in the following table.

ApproachNumber of Samples

Potential Relative Bias

Basis of Site Selection

Judgemental Small Very Large Prior history, visual assessment, and/or technical

judgement

Systematic Large Small Consistent grid or pattern

Random Very Large Very Small Simple random selection

Sample Preservation

Once samples are removed from their natural environment, chemical or biological reactions can occur to change the composition of the sample, so it is best to analyze the sample as quickly as possible. Preservation of the sample will keep the parameter of interest in the same form as it was prior to the removal from its surroundings. No single preservation technique will preserve all parameters, so each parameter of interest must be considered and preserved specifically. While most soil samples require exclusion of light, air and warmth to preserve the integrity of the sample, aqueous samples require a more concerted effort.

Samples of aqueous cyanide species are potentially very reactive and toxic, so safety precautions such as gloves and protective clothing must be rigorously observed. Due to their reactivity, sample solutions must be tested on site prior to cyanide analysis to preserve them against the main interfering substances, oxidizing matter and sulfides.

The presence of oxidizing matter is detected by potassium iodide/starch test papers. Place a drop of the sample on a moist test paper strip. A blue coloration of the test paper indicates the presence of sufficient oxidizing matter to potentially react with the cyanide present during transport. Oxidizing agents must be reduced prior to sending the sample to the laboratory.

Procedure for Removal of Oxidizing Matter

1. Remove and retain any solids by decantation or pressure filtration.2. Add sodium arsenite and mix. About 0.1g/L is usually sufficient.3. Retest, and if test strip is discolored, retreat as per Step 2.4. Return solids to sample solution and raise pH to 12 by adding 1-2 pellets of solid sodium hydroxide.

The presence of sulfides is indicated by lead acetate paper turning black. Place a drop of the sample on the test paper previously moistened with a drop of acetic acid and if the paper darkens, sulfides are indicated. Sulfides are removed by reaction with lead carbonate.

Procedure for Removal of Sulfides

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1. Remove any solids by decantation or pressure filtration and hold.2. Add lead carbonate (about 0.1 g/L) and mix.3. Remove formed lead sulfide by pressure filtration and discard PbS precipitate.4. Retest sample solution. If test strip is discolored, retreat as in Steps 2 and 3.5. Return solids to sample and raise pH to 12 with solid sodium hydroxide.

Samples should be stored in a dark place at about 4 C, such as in an esky (cool box) during transport and then refrigerated at the laboratory. Soil samples for cyanide analysis (in cores or jars) must be wrapped in dark plastic and kept cool at 4 C without further treatment.

Transport and Storage

Once correctly preserved and packaged, samples should be sealed and each container (bottle or jar) individually placed in a sealed plastic bag. All samples should then be packed in an esky (cool box with some ice bricks) to keep them cool during transport. Shipment to the analytical laboratory should occur as soon as practical by overnight truck or airfreight courier. It is essential that the sampling protocol be recorded and a chain of custody included with the shipment to allow tracking prior to and during storage and analysis.

Analytical Procedures

A quality laboratory with necessary technician experience can achieve good results with many different methods. The modified automated SFAA method using the McLeod microstill may be the method of choice for the most advanced laboratories, however global uniformity, availability and cost factors indicate that the analytical methods listed as "Primary" in the following table as are suggested.

TABLE OF PRIMARY AND ALTERNATE ANALYTICAL METHODS

Analyte Method Comments

Free Cyanide

AgNO3 titration Preferred method For process solutions primarily

above 1 mg/l LQL1: 1 mg/l HCN(aq), CN-, Zn(CN)x, parts of Cu(CN)4

AgNO3 titration with potentiometric

endpoint determination

Alternate method Precise method of endpoint determination Measures same species as

primary method

Micro diffusion of HCN from static sample into NaOH [ASTM D4282]

Alternate Method Close to "free cyanide"

Ion Selective Electrode Alternate Method Close to "free cyanide"

Direct colorimetry Alternate Method HCN(aq), CN-, Zn(CN)x, parts

of Cu(CN)4 + ?

Amperometric determination Alternate Method Measures same species as

primary method

WAD Cyanide

Manual distillation pH 4.5 + potentiometric or colorimetric finish

[ISO/DIS 6703/2, DIN 38405 Part 13.2: 1981-02]

Preferred method LQL1: 0.05 mg/l HCN(aq), CN-, Zn/Cd/Cu/Ni/Ag(CN)x Better results than ASTM

method in presence of high copper concentration

Amenable to chlorination (CN Total - non-chlorinatable part) [ASTM D2036-B,

Alternate Method Measures same species as

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US-EPA 9010] primary method

SFIA in-line micro-distillation pH 4.5 +

colorimetric finish [ASTM D4374] Alternate Method Measures same species as

primary method

FIA In-line ligand exchange +

amperometric finish [US-EPA OIA-1677] Alternate Method Measures same species as

primary method

Picric Acid, Colorimetric determination Alternate Method Measures same species as

primary method

Total Cyanide

Manual batch distillation + titration/potentiometric or colorimetric

finish [ISO/DIS 6703/1, DIN 38405 Part 13.1: 1981-02]

Preferred method LQL2: 0.10 mg/l HCN(aq), CN-, Zn/Cd/Cu/Ni/Ag/Fe(CN)x, parts of

Au/Co/Pt/Pd(CN)x

SFIA, in-line UV irradiation, micro-

distillation + colorimetric finish [ASTM D4374]

Alternate Method Measures same species as primary method

1 LQL, Lower Quantitation Level, is defined as about 3 times Detection Level or 10 times the Standard Deviation at near blank level.

For these primary methods, the table also provides a Lower Quantification Level representing the concentration that all laboratories should be able to reliably determine. Laboratories with a proven record of working with alternative methods, such as those based on automated standard methods, should be encouraged to continue with those methods but should establish cross-references for each site by applying the suggested methods.

To insure that the mine receives quality analytical service, the chosen laboratory must:

Have experienced staff perform the analyses. Be certified by the respective national accreditation body for all analytical methods. Have sound quality control procedures in place. Be able to prove the quality of their data by participation in proficiency tests.

Trained analysts and supervisory staff with an expertise in cyanide chemistry methods are critical to consistent and reliable results, as they are aware of the potential interferences inherent in each method. The preferred methods for analytical determination of the different types of cyanide are briefly summarized below:

Free Cyanide

The preferred method for the analytical determination of free cyanide is silver nitrate titration. Silver ions are added to the solution to complex the free cyanide ions. When all free cyanide is consumed as silver cyanide complex, the excess silver ions indicate the endpoint of the titration. The analytical equipment used for the titration is rather simple. To accurately determine the cyanide concentration, a normalized silver nitrate solution is dosed with a manual or automatic burette, which should be capable of measuring volumes to an accuracy of better than 0.005 ml.

Several techniques can be used for the endpoint determination. The easiest possibility is to use an indicator such as potassium iodide or rhodanine that changes color upon appearance of free silver ions. It is important that the first color change is used as endpoint indication because the silver ions tend to liberate cyanide ions from other complexes, which leads to a disappearance of the color. The potentiometric endpoint detection is a more accurate way to determine the endpoint as a more easily identified peak signal is produced.

Weak Acid Dissociable Cyanide

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The preferred analytical method to determine weak acid dissociable cyanide is the distillation method according to ASTM or ISO/DIS. These methods create chemical conditions which allow the CNWAD to be liberated as dissolved hydrogen cyanide gas which is then carried in an air stream to a caustic soda absorption where the CNWAD appears as CNF. As the hydrogen cyanide is adsorbed in a much smaller volume than the original sample solution, the CNF concentration to be analyzed is typically at least 10 times higher than the original CNWAD concentration in the sample solution. The CNF concentration in the distillation product sample is then determined using silver nitrate titration as described above. The methods according to ASTM and ISO/DIS are similar. However, the results from ISO/DIS method are more accurate than those from the ASTM method for samples containing a high concentration of copper cyanide.

Total Cyanide

The preferred analytical method to determine total cyanide is the distillation method according to ASTM or ISO/DIS. The applied method is in principle very similar to the distillation method described for weak acid dissociable cyanide. However, strongly acidic conditions and elevated temperatures are required to liberate the cyanide ion from the stable cyanide complexes such as ferri- and ferrocyanides.

References

Complete descriptions of these analytical procedures can be found in the following references:

DIN 38405-13: 1981-02, German Standard Methods for the Analysis of Water, Waste Water and Sludge -Anions (Group D) -Determination of Cyanides (D13), German Standards (DIN Normen, Beuth Verlag GmbH, Burggrafenstr. 6, 10787 Berlin/Germany).

South African Water Quality Guidelines, Volumes 1-7, Department of Water Affairs and Forestry, 1996.

Standard Methods For The Examination Of Waters and Wastewater, APHA-AWWA-WEF, 20th Edition, Washington DC, 1998.

Water Quality - Determination of Cyanide -Part 1: Determination of Total Cyanide ISO/DIS 6703/1, International Organization of Standardization.

Water Quality -Determination of Cyanide -Part 2: Determination of Easy Liberated Cyanide ISO/DIS 6703/2, International Organization of Standardization.

USEPA "Methods and Guidance for Analysis of Water", United States Environmental Protection Agency (USEPA), June 1999.

Cyanide References

Reference Table of Contents:

Cyanide Chemistry

Cyanide Toxicology

Effects on Wildlife

Cyanide in the Environment

Cyanide Analysis

The references provided have been separated into categories for the convenience of those seeking more detailed information regarding cyanide, however there is a significant overlap of subjects in many of the information sources. Two types of references are listed in each category. Technical references include standard texts and articles that have been published in peer reviewed technical and professional journals or in government documents. Informational references consist of papers published in the proceedings of conferences and workshops and other papers that have not undergone a technical peer review process.

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This area of the web site contains information that may assist in improving knowledge about the effects of cyanide, effective methods for protection of the environment and human health, and links to other web sites that may also contain additional useful information.

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The Institute

The International Cyanide Management Institute, (Institute) is established for the purpose of administering the "International Cyanide Management Code For The Manufacture, Transport and Use of Cyanide in the Production of Gold", and to develop and provide information on responsible cyanide management practices and other factors related to cyanide use in the gold mining industry.

The Institute's primary responsibilities are to administer the International Cyanide Management Code for gold mining, promote the Cyanide Code's adoption and implementation, evaluate its implementation, manage the certification process and to make information on the safe management practices for cyanide widely available.

Overview

The "International Cyanide Management Code For the Manufacture, Transport, and Use of Cyanide In the Production of Gold" (Code) was developed by a multi-stakeholder Steering Committee under the guidance of the United Nations Environmental Program (UNEP) and the then- International Council on Metals and the Environment (ICME).

The Code is an industry voluntary program for gold mining companies. It focuses exclusively on the safe management of cyanide and cyanidation mill tailings and leach solutions. Companies that adopt the Code must have their mining operations that use cyanide to recover gold audited by an independent third party to determine the status of Code implementation. Those operations that meet the Code requirements can be certified. A unique trademark symbol can then be utilized by the certified operation. Audit results are made public to inform stakeholders of the status of cyanide management practices at the certified operation.

The objective of the Code is to improve the management of cyanide used in gold mining and assist in the protection of human health and the reduction of environmental impacts.

This area of the web site contains the "Code" and information related to its development and implementation.

The Code

The International Cyanide Management Code (hereinafter “the Code”) and other documents or information sources referenced at www.cyanidecode.org are believed to be reliable and were prepared in good faith from information reasonably available to the drafters. However, no guarantee is made as to the accuracy or completeness of any of these other documents or information sources. No guarantee is made in connection with the application of the Code, the additional documents available or the referenced materials to prevent hazards, accidents, incidents, or injury to employees and/or members of the public at any specific site where gold is extracted from ore by the cyanidation process. Compliance with this Code is not intended to and does not replace, contravene or otherwise alter the requirements of any specific national, state or local governmental statutes, laws, regulations, ordinances, or other requirements regarding the matters included herein. Compliance with this Code is entirely voluntary and is neither intended nor does it create, establish, or recognize any legally enforceable obligations or rights on the part of its signatories, supporters or any other parties.

SCOPE

The Code is a voluntary initiative for the gold mining industry and the producers and transporters of the cyanide used in gold mining. It is intended to complement an operation’s existing regulatory requirements. Compliance with the rules, regulations and laws of the applicable political jurisdiction is necessary; this Code is not intended to contravene such laws. The Code focuses exclusively on the safe management of cyanide that is produced, transported and used for the recovery of gold, and on cyanidation mill tailings and leach solutions. The Code originally was developed for gold mining operations, and addresses production, transport, storage, and use of cyanide and the decommissioning of cyanide facilities. It also includes requirements related to financial assurance, accident prevention, emergency

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response, training, public reporting, stakeholder involvement and verification procedures. Cyanide producers and transporters are subject to the applicable portions of the Code identified in their respective Verification Protocols. It does not address all safety or environmental activities that may be present at gold mining operations such as the design and construction of tailings impoundments or long-term closure and rehabilitation of mining operations. The term “cyanide” used throughout the Code generically refers to the cyanide ion, hydrogen cyanide, as well as salts and complexes of cyanide with a variety of metals in solids and solutions. It must be noted that the risks posed by the various forms of cyanide are dependent on the specific species and concentration. Information regarding the different chemical forms of cyanide is found at Cyanide Chemistry.

CODE IMPLEMENTATION

As it applies to gold mining operations, the Code is comprised of two major elements. The Principles broadly state commitments that signatories make to manage cyanide in a responsible manner. Standards of Practice follow each Principle, identifying the performance goals and objectives that must be met to comply with the Principle. The Principles and Practices applicable to cyanide production and transportation operations are included in their respective Verification Protocols. Operations are certified as being in compliance with the Code upon an independent third-party audit verifying that they meet the Standards of Practice, Production Practice or Transport Practice.

For implementation guidance, visit http://www.cyanidecode.org/become_implementation.php

The programs and procedures identified by the Code's Principles and Standards of Practice and in the Cyanide Production and Transportation Verification Protocols for the management of cyanide can be developed separately from other programs, or they can be integrated into a site’s overall safety, health and environmental management programs. Since mining operations typically do not have direct control over all phases of cyanide production, transport or handling, gold mines that are undergoing Verification Audits for certification under the Code will need to require that other entities involved in these activities commit to and demonstrate that they adhere to the Code’s Principles and meet its Standards of Practice for these activities.

This Code, the implementation guidance, mine operators guide, and other documents or information sources referenced at www.cyanidecode.org are believed to be reliable and were prepared in good faith from information reasonably available to the drafters. However, no guarantee is made as to the accuracy or completeness of any of these other documents or information sources. The implementation guidance, mine operators guide, and the additional documents and references are not intended to be part of the Code. No guarantee is made in connection with the application of the Code, the additional documents available or the referenced materials to prevent hazards, accidents, incidents, or injury to employees and/or members of the public at any specific site where gold is extracted from ore by the cyanidation process. Compliance with this Code is not intended to and does not replace, contravene or otherwise alter the requirements of any specific national, state or local governmental statutes, laws, regulations, ordinances, or other requirements regarding the matters included herein. Compliance with this Code is entirely voluntary and is neither intended nor does it create, establish, or recognize any legally enforceable obligations or rights on the part of its signatories, supporters or any other parties.

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PRINCIPLES AND STANDARDS OF PRACTICE

1. PRODUCTION Encourage responsible cyanide manufacturing by purchasing from manufacturers who operate in a safe and environmentally protective manner.

Standard of Practice

1.1 Purchase cyanide from manufacturers employing appropriate practices and procedures to limit exposure of their workforce to cyanide and to prevent releases of cyanide to the environment.

2. TRANSPORTATION Protect communities and the environment during cyanide transport.

Standards of Practice

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2.1 Establish clear lines of responsibility for safety, security, release prevention, training and emergency response in written agreements with producers, distributors and transporters.

2.2 Require that cyanide transporters implement appropriate emergency response plans and capabilities, and employ adequate measures for cyanide management.

3. HANDLING AND STORAGE Protect workers and the environment during cyanide handling and storage.


3.1 Design and construct unloading, storage and mixing facilities consistent with sound, accepted engineering practices and quality control and quality assurance procedures, spill prevention and spill containment measures.

3.2 Operate unloading, storage and mixing facilities using inspections, preventive maintenance and contingency plans to prevent or contain releases and control and respond to worker exposures.

4. OPERATIONS Manage cyanide process solutions and waste streams to protect human health and the environment.


4.1 Implement management and operating systems designed to protect human health and the environment including contingency planning and inspection and preventive maintenance procedures.

4.2 Introduce management and operating systems to minimize cyanide use, thereby limiting concentrations of cyanide in mill tailings.

4.3 Implement a comprehensive water management program to protect against unintentional releases.

4.4 Implement measures to protect birds, other wildlife and livestock from adverse effects of cyanide process solutions.

4.5 Implement measures to protect fish and wildlife from direct and indirect discharges of cyanide process solutions to surface water.

4.6 Implement measures designed to manage seepage from cyanide facilities to protect the beneficial uses of ground water.

4.7 Provide spill prevention or containment measures for process tanks and pipelines.

4.8 Implement quality control/quality assurance procedures to confirm that cyanide facilities are constructed according to accepted engineering standards and specifications.

4.9 Implement monitoring programs to evaluate the effects of cyanide use on wildlife, surface and ground water quality.

5. DECOMMISSIONING Protect communities and the environment from cyanide through development and implementation of decommissioning plans for cyanide facilities.


5.1 Plan and implement procedures for effective decommissioning of cyanide facilities to protect human health, wildlife and livestock.

5.2 Establish an assurance mechanism capable of fully funding cyanide-related decommissioning activities.

6. WORKER SAFETY Protect workers’ health and safety from exposure to cyanide.


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6.1 Identify potential cyanide exposure scenarios and take measures as necessary to eliminate, reduce and control them.

6.2 Operate and monitor cyanide facilities to protect worker health and safety and periodically evaluate the effectiveness of health and safety measures.

6.3 Develop and implement emergency response plans and procedures to respond to worker exposure to cyanide.

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7. EMERGENCY RESPONSE Protect communities and the environment through the development of emergency response strategies and capabilities.


7.1 Prepare detailed emergency response plans for potential cyanide releases.

7.2 Involve site personnel and stakeholders in the planning process.

7.3 Designate appropriate personnel and commit necessary equipment and resources for emergency response.

7.4 Develop procedures for internal and external emergency notification and reporting.

7.5 Incorporate into response plans monitoring elements and remediation measures that account for the additional hazards of using cyanide treatment chemicals.

7.6 Periodically evaluate response procedures and capabilities and revise them as needed.

8. TRAINING Train workers and emergency response personnel to manage cyanide in a safe and environmentally protective manner.


8.1 Train workers to understand the hazards associated with cyanide use.

8.2 Train appropriate personnel to operate the facility according to systems and procedures that protect human health, the community and the environment.

8.3 Train appropriate workers and personnel to respond to worker exposures and environmental releases of cyanide.

9. DIALOGUE Engage in public consultation and disclosure.


9.1 Provide stakeholders the opportunity to communicate issues of concern.

9.2 Initiate dialogue describing cyanide management procedures and responsively address identified concerns.

9.3 Make appropriate operational and environmental information regarding cyanide available to stakeholders.

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CODE MANAGEMENT

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Administration

The International Cyanide Management Institute (“The Institute”) is a non-profit corporation established to administer the Code through a multi- stakeholder Board of Directors consisting of representatives of the gold mining industry and participants from other stakeholder groups. For additional information on the Institute, see: Who is ICMI. The Institute’s primary responsibilities are to:

Promote adoption of and compliance with the Code, and to monitor its effectiveness and implementation within the world gold mining industry.

Develop funding sources and support for Institute activities. Work with governments, NGOs, financial interests and others to foster widespread adoption and support

of the Code. Identify technical or administrative problems or deficiencies that may exist with Code implementation,

and Determine when and how the Code should be revised and updated.

Code Signatories

Gold mining companies with either single or multiple operations, and the producers and transporters of cyanide used in gold mining can become signatories to the Code; the signature of an owner or corporate officer of the operating company is required. By becoming a signatory, a company commits to follow the Code’s Principles and implement its Standards of Practice, or in the case of producers and transporters, the Principles and Practices identified in their respective Verification Protocols. Code signatories’ operations will be audited to verify their operation’s compliance with the Code.

When becoming a signatory, a gold mining company must specify which of its operations it intends on having certified. Only those cyanide production and transportation facilities that are related to the use of cyanide in gold mining are subject to certification. A company that does not have these operations audited within 3 years of signing the Code will lose its signatory status. See: signatories.

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Code Verification and Certification

Audits are conducted every three years by independent, third-party professionals who meet the Institute’s criteria for auditors. The audit is considered to be complete, and the three-year period before the next audit must be conducted begins, on the day the Institute takes formal certification action based on the auditor's findings. Auditors evaluate an operation to determine if its management of cyanide achieves the Code’s Principles and Standards of Practice, or the Production or Transport Practices for these types of operations. The Code’s Verification Protocols contains the criteria for all audits. Operations must make all relevant data available to the auditors, including the complete findings of their most recent independent Code Verification Audit, in order to be considered for certification.

During an initial verification audit, an operation’s compliance at the time of the audit will be evaluated. Subsequent re-verification audits will also evaluate compliance during the period between the preceding and current audits.

Upon completion of the audit, the auditor must review the findings with the operation to ensure that the audit is factually accurate and make any necessary changes. The auditor must submit a Detailed Audit Findings Report addressing the criteria in the Verification Protocol and a Summary Audit Report that includes the conclusion regarding the operation’s compliance with the Code to the signatory, the operation and to the Institute. The operation is certified as complying with the Code if the auditor concludes that it is in full compliance with the Code’s Principles and Standards of Practice or its Principles and Practices for cyanide production or transportation. The Detailed Audit Findings Report is the confidential property of the operation and shall not be released by the Institute in any fashion without the express written consent of the signatory and audited operation. The Summary Audit Report of certified operations will be made available to the public on the Code website. The operation may submit its comments regarding the Summary Audit Report to the Institute, which will be posted along with the Summary Audit Report on the Institute’s website.

Operations that are in substantial compliance with the Code are conditionally certified, subject to the successful implementation of a Corrective Action Plan. Substantial compliance means that the operation has made a good-

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faith effort to comply with the Code and that the deficiencies identified by the auditor can be readily corrected and do not present an immediate or substantial risk to employee or community health or the environment. Operations that are in substantial compliance with a Standard of Practice, Production Practice or Transport Practice must develop and implement a Corrective Action Plan to correct the deficiencies identified by the verification audit. The operation may request that the auditor review the Corrective Action Plan or assist in its development so that there is agreement that its implementation will bring the operation into full compliance. The Corrective Action Plan must include a time period mutually agreed to with the auditor, but in no case longer than one year, to bring the operation into full compliance with the Code. The Auditor must submit the Corrective Action Plan to the Institute along with the Audit Findings Report and Summary Audit Report.

The operation must provide evidence to the auditor demonstrating that it has implemented the Corrective Action Plan as specified and in the agreed-upon time frame. In some cases, it may be necessary for the auditor to re-evaluate the operation to confirm that the Corrective Action Plan has been implemented. Upon receipt of the documentation that the Corrective Action Plan has been fully implemented, the auditor must provide a copy of the documentation to the Institute along with a statement verifying that the operation is in full compliance with the Code.

All operations certified as in compliance with the Code will be identified on the Code website, Signatories. Each certified operation’s Summary Audit Report will be posted and operations with conditional certification will have their Summary Audit Report and their Corrective Action Plan posted.

An operation cannot be certified if the auditor concludes that it is neither in full compliance nor in substantial compliance with any one of the Standards of Practice (or Production or Transport Practice). An operation that is not certified based on its initial verification audit can be verified and certified once it has brought its management programs and procedures into compliance with the Code. Its signatory parent company remains a signatory during this process.

A gold mining operation, cyanide production facility or cyanide transport operation that is not yet active but that is sufficiently advanced in its planning and design phases can request pre-operational conditional certification based on an auditor's review of its site plans and proposed operating procedures. An on-site audit is required within one year of a gold mining operation's first receipt of cyanide at the site to confirm that the operation has been constructed and is being operated in compliance with the Code. On-site audits of cyanide production facilities and cyanide transport operations are required within six months of their start of cyanide production or management of cyanide. These operations must advise ICMI within 90 days of the date of the first receipt of cyanide at a gold mining operation or of the start of cyanide production or management activities at a cyanide production or transport operation.

Mining operations that have been designated for certification before they become active but which do not request pre-operational certification must be audited for compliance with the Code within one year of their first receipt of cyanide, and also must advise ICMI within 90 days of the date of their first receipt of cyanide.

A gold mining operation or an individual cyanide facility at an operation is no longer subject to certification after decommissioning of the cyanide facilities. A producer or transporter is no longer subject to certification after it no longer produces or transports cyanide for use in the gold mining industry.

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Certification Maintenance

In order to maintain certification, an operation must meet all of the following conditions:

The auditor has concluded that it is either in full compliance or substantial compliance with the Code. An operation in substantial compliance has submitted a Corrective Action Plan to correct its deficiencies

and has demonstrated that it has fully implemented the Corrective Action Plan in the agreed-upon time. There is no verified evidence that the operation is not in compliance with the Code. An operation has had a verification audit within three years. An operation has had a verification audit within two years of a change in ownership, defined as a

change of the controlling interest of the operating company.

Auditor Criteria and Review Process

The Institute has developed specific criteria for Code Verification auditors and will implement procedures for review of auditor credentials. Auditor criteria includes requisite levels of experience with cyanidation operations (or chemical production facilities or hazardous materials transport, as appropriate) and in conducting

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environmental, health or safety audits, membership in a self-regulating professional auditing association and lack of conflicts of interest with operation(s) to be audited.

Dispute Resolution

The Institute has developed and implemented fair and equitable procedures for resolution of disputes regarding auditor credentials and certification and/or de-certification of operations. The procedures provide due process to all parties that may be affected by these decisions.

Information Availability

The Code and related information and code management documentation are available via the Internet at www.cyanidecode.org. The website is intended to promote an understanding of the issues involved in cyanide management and to provide a forum for enhanced communication within and between the various stakeholder groups with interest in these issues. The website is the repository for Code certification and verification information.

Questions and Answers About the Code1. What is the "International Cyanide Management Code For The Manufacture‚ Transport and Use of Cyanide in the Production of Gold" (the "Code")?

The Code is a voluntary industry program designed to assist the global gold mining industry and the producers and transporters of cyanide used in gold mining in improving cyanide management practices. The Code is intended to reduce the potential exposure of workers and communities to harmful concentrations of cyanide‚ to limit releases of cyanide to the environment‚ and to enhance response actions in the event of an exposure or release.

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2. Why was the Code developed?

The Code was developed to improve the management of cyanide at gold mines and during the production and transport of the cyanide used at gold mines. Spills and other incidents involving cyanide solutions at gold mines such as the January 2000 incident at a Romanian gold mine demonstrated to the gold mining industry‚ governments and the public that better management of cyanide was needed‚ particularly at operations with limited experience or in countries lacking adequate regulatory programs.

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3. How was the Code developed?

The Code was developed under the auspices of the United Nations Environment Programme (UNEP) and the International Council on Metals & the Environment (ICME). In May 2000‚ at a joint UNEP/ICME-sponsored international workshop in Paris‚ cyanide producers‚ financial institutions‚ regulatory personnel‚ gold mining companies and environmental advocacy organizations from around the world met and recommended that a multi-stakeholder Steering Committee be formed by participants from the gold mining industry‚ governments‚ non-governmental organizations‚ labor‚ cyanide producers and financial institutions to deliberate on appropriate factors to include and to develop a Code. This project represents the first time that such a multi-stakeholder group has worked cooperatively to generate an international‚ globally based voluntary program for improvement of an industry activity.

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4. How was the development of the Code funded?

The development of the Code was funded exclusively through contributions of gold mining companies and cyanide producers. The funds covered the cost of Steering Committee meetings (including transportation for some Committee members)‚ research and drafting of the Code‚ expenses for some stakeholders’ presentations to the Steering Committee‚ expert review of the Code‚ creation of a Code web site‚ Code promotion and initial costs of creating a management structure to administer the Code.

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5. Why is cyanide used in gold mining? What is the mining industry doing to find alternatives to cyanide?

Cyanide effectively and efficiently extracts gold from ore. While a number of other chemicals are available to extract gold‚ such as chloride bromide‚ thiourea‚ and thiosulfate‚ these form less stable complexes with gold and thus require more aggressive conditions and oxidants to dissolve the gold. The alternative chemicals are generally more expensive to use and also present risks to health and the environment that are similar to or greater than that presented by cyanide. The industry continues to search for cost-effective and environmentally friendly alternatives to cyanide. See Cyanide Facts for more information.

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6. What percentage of global cyanide usage is by the gold mining industry?

Of the approximately 1.1 million tonnes of hydrogen cyanide produced annually worldwide‚ about 6% is used to produce cyanide reagents for gold processing. The remaining 94% is used in other industrial applications which include the production of nylon, plastics‚ adhesives‚ fire retardants‚ cosmetics‚ pharmaceuticals‚ food processing and as an anti-caking additive for table and road salts.

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7. Are all gold mines using cyanide comply with the Code?

Adoption and implementation of the Code is voluntary. Political jurisdictions lacking comprehensive regulations for the management of cyanide used in gold mining may find provisions in the Code helpful in developing their own regulatory programs.

8. How is the Code administered and how are administrative costs funded?

The International Cyanide Management Institute (ICMI) administers the Code. It is a non-profit corporation with a multi-stakeholder Board of Directors. ICMI's prime responsibilities are to:

1. encourage companies to adopt the Code and bring their operations into compliance with its Principles and Standards of Practice;

2. promote the Code within the gold mining industry and with other stakeholders;

3. develop sources of funding for Institute activities;4. work with governments‚ NGOs‚ financial interests and others to foster

widespread adoption and support of the Code; and5. periodically review the Code and revise it as necessary to improve

implementation and incorporate new advances in cyanide management

ICMI’s activities are funded primarily through annual fees paid by signatory companies. A schedule of fees is found elsewhere on this site. ICMI raises additional funds from conducting training workshops on Code implementation and auditing.

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9. How does a company adopt and implement the Code?

Companies agree to adoption of the Code by becoming Signatories and committing to bring their designated gold mining operations into compliance with the Code within three years. The name of the Signatory company and its operations are identified on the Code website at Code Signatories to allow the public to track its progress towards certification. Each certified operation is identified and its Summary Audit Report‚ Auditor Credentials Form and if applicable‚ Action Plan‚ are available on the Code Signatories page. The audit process is repeated at a minimum of every three years.

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10. What results when a company becomes a signatory to the Code?

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The company's operations are audited by an independent third-party auditor meeting the Code's criteria and using its Verification Protocol. The auditor will determine if the operation meets the Code's Principles and Standards of Practice (or for cyanide producers or transporters, the Production or Transport Practices, respectively) and should be certified as being in compliance with the Code. Operations found in full compliance with the Code are certified and a Summary Audit Report and Auditor Credentials Form are posted on the ICMI web site. Operations found in substantial but not full compliance with the Code are conditionally certified and must develop and implement a Corrective Action Plan to achieve full compliance. A Summary Audit Report‚ Auditor Credentials Form and the Corrective Action Plan are posted on the ICMI web site. The operation becomes fully certified once implementation of the Corrective Action Plan is confirmed by the auditor.

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11. Must a company that is signatory to the Code have all its gold mining operations certified as in compliance with the Code?

Companies with multiple operations can select those they wish to certify as in compliance with the Code. This allows a company to seek certification of most of its operations even if one or more cannot be brought into compliance. This is especially important as the industry consolidates and companies acquire older properties that may not yet have reached the end of their productive life. Any benefits derived from compliance with the Code accrue to the certified operation‚ not the signatory company. The Code web site will list all of a signatory company's operations and indicate which it intends on certifying.

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12. Who will ensure that companies follow the Code?

Companies that become Code signatories commit to periodic independent third party audits to determine whether their operations can be certified as in compliance with the Code's Principles and Standards of Practice (or Production or Transport Practices, as applicable). Audits are conducted using Verification Protocols developed by the International Cyanide Management Institute (ICMI) by auditors meeting ICMI criteria. Copies of the Audit Protocols and Auditor Criteria are available elsewhere on this site. Summaries of the operation's audit results also are posted on the web site. Audits are conducted for initial certification and at three-year intervals thereafter and include a site inspection and a review of applicable documents and records.

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13. What qualifications are Code auditors required to have?

The International Cyanide Management Institute (ICMI) has developed criteria for the level of expertise and experience necessary for Code auditors and prohibiting conflicts of interest with the audited company. The lead auditor must also be a professional auditor certified by an organization meeting ICMI's requirements. The Auditor Criteria (PDF) are available for review on this site.

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14. Are audit reports be made public?

Once audits have been conducted‚ summaries of the audit results will be available for public review on each company’s Signatory page.

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15. Are there penalties for non-compliance with the Code?

As a voluntary program‚ ICMI cannot impose penalties. However‚ an operation that is not in compliance with the Code's Principles and Standards of Practice Practice (or Production or Transport Practices, as applicable) cannot be certified. Further‚ non-compliance at an already certified site would result in its de-certification‚ and de-certification of the operation would be posted on this web site.

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16. Why is the Code limited to gold mining even though cyanide is used in other industries?

The Paris Workshop and its participants focused exclusively on the use and management of cyanide in gold mining. Funding for Code development and industry involvement came from the gold mining industry‚ cyanide suppliers and manufacturers.

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17. Are cyanide manufacturers and transporters signatories to the Code?

As originally written‚ the Code applied only to gold mines using cyanide. However‚ the Code fosters the responsible production and transportation of cyanide through its provision for gold mining operations to purchase cyanide from producers that have demonstrated their commitment to the protection of their employees and the environment and have it transported to their sites by transporters that have made a similar demonstration.

Prior to the acceptance of the initial signatories, the Code was revised to allow cyanide manufacturers and transporters to become signatories. The Code’s Principles apply broadly to gold mines, cyanide producers and cyanide transporters, while its Standards of Practice are specific to gold mines. Cyanide Production and Transport Practices developed specifically for these types of activities have been included in their respective Verification Protocols.

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18. Are there charter members? Who are they?

The Code is not a membership organization. Any gold mining operation using cyanide‚ producer of cyanide for use in gold mining‚ or transporter of cyanide for use in gold mining can commit to follow the Code's Principles and Standards of Practice (or Production or Transport Practices, as applicable) by becoming a Code Signatory.

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19. Does the Code address all potential health‚ safety and environmental issues associated with gold mining?

The Code addresses those issues related to the management of cyanide at gold mines that have been identified as being of most immediate concern. These include the production of cyanide; its transport from the producer to the mine; its on-site storage and use in the recovery of gold; decommissioning of cyanide facilities; financial assurance; accident prevention; worker health and safety; emergency response and training; community dialogue; public reporting; and stakeholder involvement.

This focus has resulted in the development of an international code in a timely manner and presents the opportunity for immediate improvement in the way cyanide is managed at these facilities. Other potential issues of concern related to mining‚ such as design and construction of tailings impoundments are currently being pursued through the development of independent codes by other international organizations.

As more gold mining companies become signatories and implement the Code at their operations‚ the frequency and severity of cyanide exposures and releases is expected to decrease and the capability of the operations to respond to those that do occur should improve. This will assure the public that operations certified as compliant with the Code have significantly limited the potential that their cyanide use will adversely impact human health or the environment.

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20. Had the Code been in place‚ would it have prevented the Baia Mare spill?

It appears that full implementation of the Code could have contributed to the prevention of the Baia Mare accident. The Report of the Baia Mare Taskforce (established by the governments of Rumania and Hungary‚ the European Commission and the United Nations to evaluate the causes and impacts of the spill and measures to reduce the risks of such accidents occurring in the future) identified the following four causes of the spill:

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1. There was no provision in the design of the tailings impoundment for discharge of excess water;2. Construction of the impoundment did not follow the design specifications;3. Monitoring of the pond level was insufficient to identify the water balance

problem as it developed; and4. The Romanian government did not provide sufficient oversight during the

permitting process‚ especially with regard to the water balance.

Three of the four causes of the spill are directly related to the facility's water balance. The Code stresses the importance of the water balance and specifically requires that operating practices consider the ranges of anticipated precipitation and the potential impacts of the thawing of accumulated ice and snow within an impoundment and its upgradient watershed. How the facility addressed these parameters‚ as well as its monitoring techniques would have been reviewed during the Code verification audit. Additionally‚ the Code's provisions regarding preventive maintenance of equipment necessary to prevent unauthorized discharges would have required that pumping capacity was available when needed. It is likely that the spill would have been prevented had these water balance issues been identified during a Code Verification Audit and corrected as part of the Code Certification process.

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21. Does the Code include requirements or criteria regarding where a gold mine using cyanide can be located?

No. The Code does‚ however‚ set standards of performance for the management of cyanide that are applicable regardless of the location of a gold mining operation. It does not address the issue of site suitability. It should be noted that the Code's requirements are such that some potential mine site locations would present significant technical difficulties and increased costs to ensure compliance with the Code. For example‚ meeting the Code's requirements for an adequate water balance and related contingency measures will likely be much greater in areas where precipitation greatly exceeds evaporation than in very arid regions.

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22. Why does the Code include routine monitoring requirements and numerical limits for free and weak acid dissociable (WAD) cyanide but not for other forms of cyanide including total cyanide‚ cyanate‚ thiocyanate‚ cyanogens and strong metal-cyanide complexes such as iron and cobalt cyanides?

These are the forms of cyanide anticipated to be present in gold mining process solutions and wastes that have recognized and established human and environmental toxicity. As such‚ monitoring their concentrations in solutions that are available to wildlife or that may be discharged to the environment is necessary and appropriate.

Some forms of cyanide‚ including strong metal cyanide complexes such as iron and cobalt cyanides‚ are not sufficiently soluble to present any significant danger of toxicity. Cyanogen may be formed from the strong chemical oxidation of cyanide (e.g.‚ by treatment of free or WAD cyanide with sodium hypochlorite)‚ but is not typically present in gold mine process solutions or waste. Neither cyanate nor thiocyanate‚ which are approximately seven times less toxic than free cyanide‚ are anticipated to be present in toxic concentrations in gold mining wastes and effluent.

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23. How does the Code address closure costs and financial assurance?

The Code requires that certified gold mining operations plan and implement procedures for effective decommissioning of cyanide facilities to protect human health‚ wildlife and livestock. Decommissioning is defined as the activities conducted at the cessation of gold production to treat‚ neutralize or otherwise manage cyanide reagent and process solutions remaining in storage and production facilities in preparation for closure so that they do not present a risk to people‚ wildlife or the environment due to their cyanide content. Decommissioning includes decontamination of equipment‚ removal of residual cyanide reagents‚ rinsing of heap leach pads and installation of measures necessary for control or management of surface or ground water‚ such as pumping and treatment systems that would operate during the facility's closure period.

The Code also requires that certified gold mining operations establish an assurance mechanism capable of fully funding cyanide-related decommissioning activities. If the political jurisdiction in which the operation is located has financial assurance requirements‚ then the Code accepts any financial instrument acceptable to the

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jurisdiction‚ as long as the amount is equal to or greater than the current estimated decommissioning cost. Where there is no otherwise applicable financial assurance requirement‚ the Code recognizes cash‚ bonds‚ letters of credit‚ insurance and accruals. The Code will also recognize a corporate guarantee if the operation provides a statement by a qualified financial auditor that it has sufficient financial strength to implement its decommissioning plan as demonstrated by an accepted financial evaluation methodology such as those described in the United States and Canadian mining and/or hazardous wastes disposal regulations.

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24. Does the Code establish mixing zones to dilute the concentration of cyanide discharged to surface water?

The Code does not establish mixing zones. However‚ since many jurisdictions incorporate mixing zones into an operation's authorization to discharge solutions to surface waters‚ the Code acknowledges them by allowing compliance with the Code's numerical standard for surface water downstream of a mixing zone that has been authorized by the applicable jurisdiction.

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25. Does the Code address the risk to nearby communities from the release of hydrogen cyanide gas (HCN) from cyanide facilities at gold mines such as heap leach pads?

There are several provisions in the Code that address the release of hydrogen cyanide (HCN) from the process solutions. One requirement is for maintaining of a sufficiently high pH of the solution to control the release of HCN‚ thereby protecting workers at the operation who are near the solutions and any nearby communities or people off the mine site. Provisions for emergency response planning also consider the risk of hydrogen cyanide evolution and release. The concentration of hydrogen cyanide in the air around a heap leach operation typically is such that personnel who routinely work around and on these facilities do not require protective equipment for hydrogen cyanide gas.

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26. Will the code be updated at some point? Who will oversee that process?

The International Cyanide Management Institute (ICMI) monitors the Code's implementation and evaluates its effectiveness as it is adopted at gold mines around the world, pursuant to its Code Review and Revision procedure.

Dispute Resolution Procedure

The International Cyanide Management Code (hereinafter "the Code") and other documents or information sources referenced at www.cyanidecode.org are believed to be reliable and were prepared in good faith from information reasonably available to the drafters. However, no guarantee is made as to the accuracy or completeness of any of these other documents or information sources. No guarantee is made in connection with the application of the Code, the additional documents available or the referenced materials to prevent hazards, accidents, incidents, or injury to employees and/or members of the public at any specific site where gold is extracted from ore by the cyanidation process. Compliance with this Code is not intended to and does not replace, contravene or otherwise alter the requirements of any specific national, state or local governmental statutes, laws, regulations, ordinances, or other requirements regarding the matters included herein. Compliance with this Code is entirely voluntary and is neither intended nor does it create, establish, or recognize any legally enforceable obligations or rights on the part of its signatories, supporters or any other parties.

Executive Summary

This dispute resolution procedure ("Procedure") is to be used for the resolution of disputes regarding implementation of the International Cyanide Management Code ("Code"). It has been designed to address disputes regarding auditor credentials, audit findings, and certification and/or de-certification of operations.

The Procedure consists of a three-tier process. In the initial stage, the complainant requests the reconsideration of an audit finding or "International Cyanide Management Institute ("ICMI") decision or action and engages in an informal dialogue and exchange of information with the respondent in an attempt to resolve the issue through direct negotiations. In order to ensure that all information and issues potentially related to an operation's

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compliance with the Code can be identified and fully evaluated, this informal process is open to any interested party. A complainant must file a Request for Reconsideration with the ICMI within 45 days of becoming aware of the audit finding or ICMI decision or action and is expected to present specific information in support of the complaint. If the complainant is not satisfied by the results of the informal process, or another Party to the Dispute is not satisfied by changes made to the disputed decision or action as a result of the Request for Reconsideration, the dispute proceeds to the second stage of the process.

In the second stage of the process, disputes proceed to non-binding mediation where a mediator acceptable to all Parties to the Dispute assists in trying to resolve the dispute to the mutual satisfaction of all parties. A Request for Mediation must be made within 30 days of completion of the informal Request for Reconsideration process. All parties to the mediation must agree to hold ICMI harmless, and to share the cost of the mediator equally. All parties in mediation are responsible for their own costs of participation.

If any of the Parties to the Dispute are not satisfied with the results of mediation or choose to forgo or terminate mediation, the final opportunity to resolve a dispute is through binding arbitration. In this process, an arbitrator or panel of arbitrators agreed to by all Parties to the Dispute resolves the dispute. A Request for Arbitration must be made within 30 days of completion or termination of a mediation process, or completion of the Request for Reconsideration, if mediation is not utilized. All Parties to the Dispute must agree to hold ICMI harmless regardless of the outcome of the process and to pay whatever share of the cost of the arbitration(s) is assigned to them by the arbitrator(s). Parties in arbitration are responsible for their own costs of participation.

In order to pursue mediation and /or arbitration, a complainant must meet the minimum requirements for standing set forth in this Procedure. Most fundamentally, this means that a complainant must be an individual or group that may be affected by implementation of the Code and that can present evidence that the Code has been implemented incorrectly, erroneously or in a manner inconsistent with its stated intent, goals, procedures and/or limitations.

At each stage of the Procedure, parties other than the complainant and respondent that may be involved with the dispute, such as the ICMI or an operation undergoing a Verification Audit for Code certification, are notified of the proceedings and required to provide information and input to the process. These parties may join in the informal discussions, mediation and/or arbitration, and may request that the dispute move to the next stage of the Procedure if not satisfied with the outcome. The purpose of requiring all such parties to participate in the Procedure in this fashion is to encourage timely, efficient, and final resolution of disputes. Toward this same end, all parties participating in the Procedure agree that its outcome is final and agree to be bound by that outcome.

Stakeholders are reminded that the Code is intended to be implemented in a flexible and site-specific manner, as necessary and appropriate to achieve its Principles and Standards of Practice. While the Implementation Guidance identifies measures typically employed to meet the Code, it is recognized that operations can implement alternate measures to comply with the Code's Principles and Standards of Practice. A stakeholder should be thoroughly familiar with the Code, the Implementation Guidance and other related documentation and ensure that the complaint is valid and supported before invoking this Procedure.

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Part 1, Resolution of Disputes - General

Dispute Resolution

1.1 The purpose of this Procedure is to establish a methodology to resolve disputes regarding auditor credentials, audit findings, and certification and/or de-certification of operations in connection with implementation of the Code. These include disputes regarding:

a. ICMI's granting or denial of auditor credentials;b. The finding(s) of a Code verification audit;c. ICMI administrative actions such as full or conditional certification of an operation, decertification of an

operation for demonstrated non-compliance with the Code's Principles and/or Standards of Practice or failure to conduct a verification audit in a timely manner, or failure of ICMI to follow its own established procedures; and

d. Information included in a Summary Audit Report posted on the ICMI website.

1.2 For a complaint to be subject to this Procedure, it must be alleged that:

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a. A specific decision or action taken by Code auditors or ICMI is contrary to the Code and/or its supporting documents; or

b. An operation certified under the Code is no longer in compliance with the Code's Principles and/or Standards of Practice.

1.3 Complaints regarding issues that are not specifically addressed in the Code or that do not involve implementation of the Code, are not subject to review under this Procedure. Determinations of whether complaints are subject to such review shall be made by the ICMI President, subject to further consideration by the ICMI Board of Directors, as specified herein.

1.4 Separate complaints may be combined with the mutual agreement of all Parties to the Dispute, as defined in Section 1.7.

1.5 By participating in this Procedure, all Parties to the Dispute, as defined in Section 1.7, acknowledge and agree that the outcome of this Procedure is final, and that the resulting decision is neither subject to additional review under the Procedure nor constitutes separate grounds for invoking the Procedure. Parties to the Dispute also agree to be bound by this Procedure, and to hold the ICMI harmless in connection with resolution of any dispute pursuant to this Procedure.

a. A complaint cannot be re-submitted once the Procedure has been initiated, and a new complaint will not be subject to the Procedure if the ICMI President determines it is substantially equivalent to a complaint that has previously been resolved or one that is currently going through the Procedure.

b. The ICMI President's determination is not considered to be a decision or action subject to further review under this Procedure nor does it constitute separate grounds for invoking the Procedure.

c. No later than the next regularly scheduled meeting of the ICMI Board of Directors, the ICMI President shall advise the Board of any complaints submitted since the previous Board meeting that he has determined to have been previously resolved or which are currently going through the Procedure.

d. The Board may, at its discretion, review any complaints that the President has determined to have been resolved previously or that are currently going through the Procedure and, if it deems appropriate, direct that the complaint be allowed to proceed through the Procedure.

1.6 Notwithstanding Section 1.5 above, in the event that a disputed action or decision is changed in response to a Request for Reconsideration as described in Part 2, any Party to the Dispute, as defined in Section 1.7, not satisfied with the outcome may proceed with the complaint to the next step in the Procedure without a new Request for Reconsideration, pursuant to the Procedure and subject to the limitations of Sections 3.4 and 4.2.

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Parties to a Dispute - Definition

1.7 The following entities are Parties to a Dispute:

a. The party filing a complaint with ICMI ("complainant"),b. The party whose action or decision is the subject of the complaint ("respondent"),c. ICMI,d. A gold mining operation, cyanide production facility or cyanide transporter that is certified or undergoing

certification under the Code, if the dispute involves an action or decision taken with respect to a specific operation,

e. The lead auditor, if a dispute involves ICMI's granting or denial of auditor credentials or the finding(s) of a Code verification audit.

Respondents - Definition

1.8 Respondents for various types of complaints are as follows:

a. The President of ICMI or his designee is the respondent for disputes regarding a decision or action by ICMI and its Board of Directors, including disputes over auditor credentials1 and allegations that a certified operation is not in compliance with the Code as a result of demonstrated non-compliance with the Code's Principles and/or Standards of Practice, or failure to conduct a verification audit in a timely manner and should, therefore, be de-certified.

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b. The lead auditor is the respondent for disputes regarding the findings of a Code Verification Audit, including those disputes in connection with complaints that full or conditional certification of an operation is based on incorrect audit findings.2

Public Availability of Dispute Information

1.9 Requests for Reconsideration, Requests for Mediation, Requests for Arbitration, and documentation of the outcomes of these processes will be made available to the public on the ICMI website, www.cyanidecode.org.

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Part 2, Informal Resolution

Request for Reconsideration

2.1 Prior to pursuing mediation or arbitration pursuant to this Procedure, a complainant must seek informal resolution through a Request for Reconsideration except as provided for in Section 1.6.

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Complainant

2.2 Any party3 who believes that a decision or action of ICMI or of a Code auditor is contrary to the Code and/or its supporting documents may request that the decision or action be reconsidered pursuant to the provisions set forth in Sections 2.3 through 2.5.

2.3 Complainants are expected to present specific information and evidence in support of a Request for Reconsideration, including the provision(s) of the Code or its supporting documents alleged to have been violated and the basis for the allegation.

2.4 Requests for Reconsideration must be made in writing to the ICMI President at the address provided on the ICMI web site. Failure to do so may bar the complainant from pursuing further resolution through this Procedure.

a. The ICMI President shall determine if the complaint meets the criteria of Section 1.2 and therefore is within the jurisdiction of ICMI.

b. If the ICMI President determines that the complaint is outside of ICMI's jurisdiction, he shall so advise the complainant and terminate this Procedure.

c. The ICMI President's determination of jurisdiction is not considered to be a decision or action subject to further review under this Procedure nor does it constitute separate grounds for invoking the Procedure.

d. No later than the next regularly scheduled meeting of the ICMI Board of Directors, the ICMI President shall provide the Board with copies of any Request for Reconsideration forms submitted since the preceding Board meeting that he has determined to be outside of ICMI's jurisdiction.

e. The Board may, at its discretion, investigate any complaints that the President has determined to be outside of ICMI's jurisdiction and take whatever actions consistent with the Code that it deems necessary and appropriate.

2.5 The Request for Reconsideration must include contact information for the complainant including an address, telephone number and, if possible, an e-mail address to allow for the respondent and the complainant to conduct a dialogue and exchange information regarding the complaint.

ICMI

2.6 ICMI shall distribute copies of a Request for Reconsideration to all other Parties to the Dispute within 10 business days4 of its receipt.

Respondent

2.7 Upon receipt of a Request for Reconsideration, the respondent (including the ICMI when it is the respondent) may:

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a. Contact the complainant by telephone, mail or e-mail to initiate a dialogue and exchange information regarding the complaint, and/or

b. Request additional information from other Parties to the Dispute, as defined in Section 1.7, and/orc. Conduct an inspection of an operation or cause such an inspection to be conducted, if the dispute

involves a certified operation or one undergoing certification.

2.8 The respondent must reconsider the decision or action under dispute based on the information provided in the Request for Consideration and any information provided by the other Parties to the Dispute and either revise the decision or action, in whole or in part, or sustain the original decision or action.

2.9 The respondent must advise all Parties to the Dispute of his/her final decision and the reasons for that decision within 45 days4 of receiving the Request for Reconsideration and the specific information and evidence in support of the complaint identified in Section 2.3, including any additional information requested by the respondent, any information derived by the respondent from a site visit, or relevant advice, information, guidance, or other input from any Secondary Party to the Dispute, as provided for in Section 2.10.

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All Parties to the Dispute

2.10 All Parties to the Dispute, as defined in Section 1.7 shall provide whatever relevant advice, information, guidance, or other input it deems appropriate during the Request for Reconsideration process.

a. Any such information must be provided to all Parties to the Dispute.

Input from ICMI is not considered to be a decision or action subject to further review under this Procedure nor does it constitute separate grounds for invoking the Procedure.

Timing of Request for Reconsideration

2.11 Requests for Reconsideration and submission of any and all supporting information must be made within 45 days4 of the complainant's becoming aware of the decision or action being disputed.

a. For parties that are directly involved with the decision or action being disputed (e.g., operations disputing an audit finding or a potential lead auditor disputing ICMI's denial of auditor credentials), the 45-day period commences as soon as the complainant is advised of the decision or action.

b. For parties learning of the decision or action through posting on the ICMI web site, the 45-day period commences on the day the information is posted on the site.

c. The 45-day time limit does not apply in a situation where a stakeholder alleges that a certified operation is no longer in compliance with the Code.

Duty of Reasonable Cooperation

2.12 All Parties to the Dispute, as defined in Section 1.7, involved in a Request for Reconsideration must abide by the Duty of Reasonable Cooperation provisions set out in Part 5.

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Part 3, Non-binding Mediation of Disputes

Applicability

3.1 This Part applies to all disputes that are not satisfactorily resolved through the Request for Reconsideration process, unless any Party to the Dispute, as defined in Section 1.7, chooses to forgo mediation and elects to proceed directly to binding arbitration.

3.2 A complainant not satisfied by the outcome of a Request for Reconsideration, or any other Party to the Dispute not satisfied with a change in the respondent's action or decision made as a result of a Request for Reconsideration, may continue the Procedure by filing a complete Request for Mediation form with the ICMI President.

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a. Parties not satisfied with the outcome of a Request for Reconsideration may elect to proceed directly to arbitration, pursuant to Part 4 of this Procedure.

3.3 Multiple complaints arising from a single audit or decision/action should be filed together as long as they involve the same operation or share the same respondent. Once a Request for Mediation form has been submitted to ICMI, additions or revisions to the complaint are allowed only with the agreement of the other Parties to the Dispute.

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Standing

3.4 The mediation process is available only to "qualified stakeholders."

3.5 A "qualified stakeholder" is defined as follows:

a. A company that is a signatory to the Code; orb. An operation that is owned by a company that is a signatory to the Code and that either is certified

under the Code or that seeks certification under the Code; orc. An auditor whose credentials are approved by ICMI or who has requested that his credentials be

approved by ICMI; ord. An individual or group that may be affected by implementation of the Code and that can present

evidence that the Code has been implemented incorrectly or erroneously or in a manner inconsistent with its stated intent, goals, procedures and/or limitations.

1. "Individual or group that may be affected by implementation of the Code,"5 means a citizen of, or a group that is chartered, registered, or incorporated in

i. a country in which a certified operation or an operation seeking certification is located;6 or

ii. a country, other than that identified in Section 3.5(d)(1)(i) above, in which public health or safety, or the use of air, surface water, ground water, or land resources by humans, livestock or wildlife can reasonably be expected to be adversely impacted by the manufacture, transport, use or disposal of cyanide at or to a certified operation or one seeking certification;7 and

iii. whose complaint involves the operation in question or the auditor of that operation, or involves an administrative decision by ICMI regarding such an operation or auditor.

2. "Evidence" means documentation, first-person testimony, photographs or other materials presented to substantiate the facts alleged in a complaint.

3. "Implemented incorrectly or erroneously or in a manner inconsistent with its stated intent, goals, procedures and limitations" means actions or decisions made by ICMI or by Code auditors that are contrary to the implementing procedures and documentation developed by the ICMI and posted on its web site, www.cyanidecode.org, including but not limited to the Code and its Implementation Guidance and Verification Protocols.

3.6 A Party to the Dispute who has failed to pay his share of any prior mediation or arbitration costs within 30 days4 of receipt of an invoice from the mediator or arbitrator, or otherwise failed to make alternate arrangements for payment acceptable to the mediator, shall be deemed in default until such payment is received, and is barred from further use of this Procedure for the current dispute or any future disputes until full payment is received.

3.7 The ICMI President shall determine if a complainant has standing to proceed with mediation.8

a. The ICMI President's determination of standing is not considered to be a decision or action subject to further review under this Procedure nor does it constitute separate grounds for invoking the Procedure.

b. No later than the next regularly scheduled meeting of the ICMI Board of Directors, the ICMI President shall provide the Board with copies of any Request for Mediation forms submitted since the preceding Board meeting that he has determined fail to show standing.

c. The Board may, at its discretion, investigate any allegations brought by a complainant lacking standing and take whatever actions consistent with the Code that it deems necessary and appropriate.

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ICMI

3.8 The ICMI President must:

a. Provide all Parties to the Dispute with a copy of a Request for Mediation within 10 business days4 of such receipt; and

b. Advise all Parties to the Dispute of the claimant's standing to proceed with mediation and of the identity and contact information of all other Parties to the Dispute within 45 days4 of receipt of a Request for Mediation.

Respondent

3.9 The respondent must submit a written response to the Request for Mediation to all Parties to the Dispute within 45 days4 of receiving notice from the ICMI President that the complainant has standing to proceed with mediation.

3.10 If ICMI is the respondent in the mediation process, the ICMI Board of Directors shall, at its discretion, designate a Board member, officer, staff personnel or other individual to represent ICMI during the process.


3.11 All Parties to the Dispute, as defined in Section 1.7, shall provide whatever relevant advice, information, guidance or other input it deems appropriate during the mediation process.

a. Any such information must be provided to all Parties to the Dispute and to the mediator.b. Input from ICMI is not considered to be a decision or action subject to further review under this

Procedure nor does it constitute separate grounds for invoking the Procedure.

Selection of Mediator

3.12 One mediator acceptable to all Parties to the Dispute will be employed to assist in identifying a resolution mutually acceptable to all Parties to the Dispute.

3.13 The Parties to the Dispute are responsible for arranging for suitable mediation services, and are encouraged to engage the services of a professional mediator with the following attributes:

1. Experience mediating environmentally-related cases (e.g., those involving pollution prevention, cleanup or consequences of pollution, land use, natural resource use or distribution, environmental permitting, facility or infrastructure siting disputes, environmental justice, and negotiated rulemaking, enforcement, or compliance; or

2. Experience mediating cases involving the setting of governmental policy at the national, regional, state or local level, such as environmental or natural resource policy, health or safety policy, or education policy; and

3. Training in dispute resolution and consensus building; and4. Education or training in substantively relevant fields, such as law, environmental sciences or policy,

engineering, public administration or management, communication theory, planning, conflict resolution; and

5. Listing on the rosters of professional neutrals of, or otherwise affiliated with or identified through organizations including but not limited to the United States Institute for Environmental Conflict Resolution, the American Arbitration Association, the Institute of Arbitrators and Mediators (Australia), the ADR Institute of Canada, and the Santiago Arbitration and Mediation Center (Chile).9

3.14 Notwithstanding Section 3.13 above, any individual acceptable to the all Parties to the Dispute may serve as a mediator regardless of his or her experience, education, training or listing on the roster of an identified organization.

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Mediation Procedures

3.15 Procedures for the mediation (e.g., location, language, meetings) will be established with the selected mediator with the mutual agreement of all Parties to the Dispute.

3.16 All Parties to the Dispute shall be allowed to participate in the mediation equally.

3.17 Prior to the start of mediation, all Parties to the Dispute must sign a mediation agreement stipulating the procedures agreed to by all Parties to the Dispute and including the following:

a. A statement that all Parties to the Dispute acknowledge and agree that the outcome of the ICMI Dispute Resolution Procedure is final. The mediation agreement will also include a statement that the Parties to the Dispute agree to be bound by this Procedure, and further agree to hold the ICMI harmless in connection with the dispute regardless of the outcome of the mediation.

b. A statement that all Parties to the Dispute agree to share all mediator costs as defined in Section 3.26 on an equal basis.

3.18 Parties entering into mediation are not required to accept its results.

3.19 The complainant may drop the complaint at any time.

3.20 Any Party to the Dispute may terminate the mediation at any time without limit or prejudice and proceed to binding arbitration pursuant to Part 4.10

3.21 At the conclusion of the mediation, the mediator shall provide all Parties to the Dispute with a written summary of its discussions and outcome.

Timing of Request for Mediation

3.22 A Request for Mediation must be filed within 30 days4 of receiving the final decision of the Request for Reconsideration process described in Part 2.

3.23 Mediation shall proceed until a resolution mutually agreeable to all Parties to the Dispute is reached regarding some or all the issues under dispute or until it is terminated by any of the parties.

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Costs

3.24 All Parties to the Dispute are responsible for their own costs of participating in the mediation process. Such costs include but are not limited to:

a. Costs for the time and expenses in bringing or responding to the complaint and preparation of a Request for Mediation and any other documentation used to support or respond to the Request for Mediation, and

b. Costs involved with identifying a mediator and making the necessary arrangements for mediation services, and

c. Costs for time and expenses in preparing any materials for submission to the mediation process, andd. Costs and expenses for travel and attendance at any mediation sessions.

3.25 All Parties to the Dispute shall pay an equal share of the cost for the services of the mediator.

3.26 Mediator costs shall be directly related to the mediator's time and expenses for conducting the mediation process and shall include but are not limited to:

a. Any filing fees for the mediation organization,b. Costs for preparation of the mediation agreement (if prepared by the mediator),c. Costs for preparation of a report of the outcome of the mediation,d. Compensation to the mediator for time spent on the mediation, and

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e. Costs for the mediator's travel and expenses as necessary to conduct the mediation.


3.27 All Parties to the Dispute must abide by the Duty of Reasonable Cooperation provisions set out in Part 5.

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Part 4, Binding Arbitration

Applicability

4.1 This Part applies to all disputes that have already gone through mediation and to those disputes in which the any of the Parties to the Dispute has elected to proceed directly to binding arbitration.

Standing

4.2 The arbitration process is available only to "qualified stakeholders" as defined in Section 3.5.

4.3 A Party to the Dispute who has failed to pay his share of any prior mediation or arbitration costs within 30 days4 of receipt of an invoice from the mediator or arbitrator, or otherwise failed to make alternate arrangements for payment acceptable to the mediator or arbitrator, shall be deemed in default until such payment is received, and is barred from further use of this Procedure for the current dispute or any future disputes until full payment is received.

4.4 The ICMI President shall determine if a complainant has standing to proceed with arbitration.6

a. The ICMI President's determination of standing is not considered to be a decision or action subject to further review under this Procedure nor does it constitute separate grounds for invoking the Procedure.

b. No later than the next regularly scheduled meeting of the ICMI Board of Directors, the ICMI President shall provide the Board with copies of any Request for Arbitration forms submitted since the preceding Board meeting that he has determined fail to show standing.

c. The Board may, at its discretion, investigate any allegations brought by a complainant lacking standing and take whatever actions consistent with the Code that it deems necessary and appropriate.

Complainant

4.5 A complainant initiates binding arbitration by filing a complete Request for Arbitration form with the ICMI President.

4.6 Multiple complaints arising from a single audit or decision/action should be filed together as long as they involve the same operation or share the same respondent. Once a Request for Arbitration form has been submitted to ICMI, additions or revisions to the complaint are allowed only with the agreement of the other Parties to the Dispute.

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ICMI

4.7 The ICMI President must:

a. Provide all Parties to the Dispute with a copy of a Request for Arbitration within 10 business days4 of such receipt; and

b. Advise all Parties to the Dispute of the claimant's standing to proceed with arbitration and of the identity and contact information of all other Parties to the Dispute within 45 days4 of receipt of a Request for Arbitration.

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Respondent

4.8 The respondent must submit a written response to the Request for Arbitration to all Parties to the Dispute within 45 days4 of receiving notice from the ICMI President that the complainant has standing to proceed with arbitration.

4.9 If ICMI is the respondent in the arbitration process, the ICMI Board of Directors shall, at its discretion, designate a Board member, officer, staff personnel or other individual to represent ICMI during the process.


4.10 All Parties to the Dispute, as defined in Section 1.7, shall provide whatever relevant advice, information, guidance or other input it deems appropriate during the arbitration process.

a. Any such information must be provided to all Parties to the Dispute and to the arbitrator(s).b. Input from ICMI is not considered to be a decision or action subject to further review under this

Procedure nor does it constitute separate grounds for invoking the Procedure.

Selection of Arbitrators

4.11 A professional arbitrator(s) acceptable to all Parties to the Dispute will be employed to resolve the dispute.

a. The dispute will be heard by a single arbitrator unless the Parties to the Dispute cannot agree on a single arbitrator.

b. If the Parties to the Dispute cannot agree on a single arbitrator, then a three-member panel of arbitrators will be constituted as follows:

1. If there are two Parties to the Dispute, each Party shall select one member, and the two members so selected will then name a third arbitrator who will serve as the Chair of the panel;(2) If there are three Parties to the Dispute, each Party shall select one member, and the three members so selected will then name one to serve as the Chair of the panel; and

2. If there are more than three Parties to the Dispute, only three Parties shall participate in the selection of the arbitration panel pursuant to Section 4.11(b)(2) and the ICMI will not select an arbitrator. However, if ICMI was either the complainant or respondent, then the ICMI Board of Directors shall determine the Parties that will participate in selection of the arbitration panel.

4.12 The Parties to the Dispute are responsible for arranging for suitable arbitration services, and are encouraged to engage the services of a professional arbitrator(s) with the following attributes:

a. 200 hours or more of experience arbitrating environmentally-related cases (e.g., those involving pollution prevention, cleanup or consequences of pollution, land use, natural resource use or distribution, environmental permitting, facility or infrastructure siting disputes, environmental justice, and negotiated rulemaking, enforcement, or compliance; or

b. 200 hours or more of experience arbitrating cases involving the setting of governmental policy at the national, regional, state or local level, such as environmental or natural resource policy, health or safety policy, or education policy; and

c. Advanced training in dispute resolution and consensus building; andd. Post-graduate level education or training in substantively relevant fields, such as law, environmental

sciences or policy, engineering, public administration or management, communication theory, planning, conflict resolution, and

e. Listing on the rosters of professional neutrals of, or otherwise affiliated with or otherwise identified through organizations including but not limited to the United States Institute for Environmental Conflict Resolution, the American Arbitration Association, the Institute of Arbitrators and Mediators (Australia), the ADR Institute of Canada, the Santiago Arbitration and Mediation Center (Chile), the International Court of Arbitration of the International Chamber of Commerce, the Permanent Court of Arbitration, the European Court of Arbitration, Organization for the Harmonization of Business Law in Africa; and the Institute of Arbitrators and Mediators (Australia).11

4.13 Notwithstanding Section 4.12 above, any individual(s) acceptable to the all Parties to the Dispute may serve as an arbitrator regardless of his or her experience, education, training or listing on the roster of an identified organization.

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Arbitration Procedures

4.14 Procedures for the arbitration (e.g., location, language, meetings) will be established with the selected arbitrator(s) with the mutual agreement of all Parties to the Dispute.

4.15 All Parties to the Dispute shall be allowed to participate in the arbitration equally.

4.16 Prior to the start of arbitration, all Parties to the Dispute must sign an arbitration agreement stipulating the procedures agreed to by the Primary Parties to the Dispute and including the following statements:

a. A statement that all Parties to the Dispute acknowledge and agree that the outcome of the ICMI Dispute Resolution Procedure is final. The arbitration agreement will also include a statement that the Parties to the Dispute agree to be bound by this Procedure, and further agree to hold the ICMI harmless in connection with the dispute regardless of the outcome of the arbitration.

b. A statement that all Parties to the Dispute agree to pay the arbitrator costs assigned to them by the arbitrator, pursuant to Section 4.22.

4.17 All Parties to the Dispute entering into arbitration are required to accept the decisions of the arbitrator(s) with respect to the resolution of the dispute and the assignment of costs. These decisions are not subject to further review under this Procedure nor do they constitute separate grounds for invoking the Procedure.

4.18 The party requesting arbitration may drop the complaint and terminate the arbitration at any time until the arbitrator makes his decision. However, the Parties to the Dispute are still subject to the arbitrator's assignment of the arbitrator costs accrued to date.

4.19 At the conclusion of the arbitration, the arbitrator(s) shall provide all Parties to the Dispute with a written summary of its discussions and a detailed explanation of the resolution and the reasons therefore.

Timing of Request for Arbitration

4.20 A Request for Arbitration must be filed within 30 days4 of the termination of the mediation process described in Part 3.

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Costs

4.21 All Parties to the Dispute are responsible for their own costs of participating in the arbitration process. Such costs include but are not limited to:

a. Costs for the time and expenses in bringing or responding to the complaint and preparation of a Request for Arbitration and any other documentation used to support or respond to the Request for Arbitration,

b. Costs involved with identifying a mediator and making the necessary arrangements for arbitration services, and

c. Costs for time and expenses in preparing any materials for submission to the arbitration process, andd. Costs and expenses for travel and attendance at any arbitration sessions.

4.22 All Parties to the Dispute shall pay the costs for the services of the arbitrator(s) as assigned by the arbitrator(s).

a. Arbitrator costs shall be directly related to the arbitrator's time and expenses for conducting the arbitration process and shall include but are not limited to:

1. Any filing fees for the arbitration organization,2. Costs for preparation of the arbitration agreement (if prepared by the arbitrator),3. Costs for preparation of a report of the outcome of the arbitration,4. Compensation to the arbitrator for time spent on the arbitration, and

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5. Costs for the arbitrator's travel and expenses as necessary to conduct the arbitration.b. In assigning arbitrator costs to the parties, the arbitrator(s) shall consider such factors as each

party's good faith and cooperation during the proceedings, the relative strength of each party's positions and which party has prevailed in the dispute. The relative ability of each party to pay shall not be a factor in cost allocation.


4.23 All Parties to the Dispute must abide by the Duty of Reasonable Cooperation provisions set out in Part 5.

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Part 5, Duty of Reasonable Cooperation

Duty

5.1 All Parties to a Dispute being addressed under this Procedure must cooperate reasonably with each other, the mediator and/or the arbitrator(s) in the attempt to resolve the dispute.

Scope

5.2 The duty of reasonable cooperation includes but is not limited to:

a. Negotiation in good faith to resolve the dispute,b. Compliance with requests from the mediator or arbitrator or from other Parties to the Dispute for briefs,

documentation, testimony, or other participation in the process,c. Timely provision to mediators, arbitrators and all other Parties to the Dispute of all filings and documents

furnished to any one of these parties, andd. Civility during the conduct of any proceedings held under this Procedure.

Violation of Duty

5.3 Violations of the provisions of this Part by any of the Parties to the Dispute shall result in the following:

a. A decision by a mediator to advise ICMI in writing that one of the Parties to the Dispute has violated the duty of reasonable cooperation. Such decision shall describe the nature of such violation. The ICMI shall report such finding to an arbitrator(s) of the same dispute; and/or

b. A decision by an arbitrator to factor such violation into his resolution of the dispute and allocation of arbitration costs.

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Part 6, Conflicts of Interest

Recusal

6.1 If, at any time during a proceeding under this Procedure, an ICMI staff personnel, officer of the ICMI or a member of the ICMI's Board of Directors believes that his participation in the resolution of the dispute will create a conflict of interest, that staff personnel, officer or director must immediately disclose that conflict to the Board and immediately suspend his further participation in the proceeding. He may then disqualify himself permanently or disclose the conflict, in writing, to all of the parties in the proceeding and seek their written waiver of any objections to such staff personnel's, officer's or director's participation.

a. If a waiver is obtained from all of the parties to the proceedings, the staff personnel, officer or member may resume participation in the proceedings.

b. Where a waiver is obtained from all of the parties, the conflict of interest will not be subject to further review under this Procedure nor will it constitute separate grounds for invoking the Procedure.

6.2 If at any time it appears to any ICMI staff personnel, officer of ICMI or member of the Board of Directors that one of their colleagues has an actual or potential conflict of interest, the staff personnel, officer or member to

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whom the conflict appears must raise the actual or potential conflict with the staff personnel, officer or member who might be in violation of the conflict rules.

a. If the staff personnel, officer or member who might be in violation of the conflict rules believes that such a conflict may exist, he must immediately suspend his further participation in the proceeding. He may then disqualify himself permanently or disclose the conflict, in writing, to all of the parties in the proceeding and seek their written waiver of any objections to such staff personnel's, officer's or director's participation.

1. If a waiver is obtained from all of the parties to the proceedings, the staff personnel, officer or member may resume participation in the proceedings.

2. Where a waiver is obtained from all of the parties, the conflict of interest will not be subject to further review under this Procedure nor will it constitute separate grounds for invoking the Procedure.

b. If the staff personnel, officer or member who might be in violation of the conflict rules does not believe that such a conflict may exist, he may present the reason(s) for this belief to the Board of Directors and request that they vote on whether he, in fact, has a conflict and must be disqualified from participation in the proceeding.

1. The vote of a majority of Board members is needed to overcome a presumption of conflict.2. A Board member who initially raises this concern and a Board member that may have the

conflict are prohibited from this vote.3. If the Board votes that there is no conflict, the officer or member may resume participation in

the proceedings.4. If the Board votes that there is no conflict, the conflict of interest will not be subject to further

review under this Procedure nor will it constitute separate grounds for invoking the Procedure

6.3 For purposes of this Part, a "conflict of interest" refers to a situation when staff personnel, an officer of ICMI or a member the Board of Directors of ICMI has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his duties fairly.

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Request for Mediation

All items on this form must be completed to initiate mediation of a dispute. Copies of the form are to be submitted to the President of ICMI. See the ICMI Dispute Resolution Procedure for guidance on completing this form.

Date:

Complainant:

Respondent:

1. Is the complainant:

a. a company that is a signatory to the Code?b. an operation that is owned by a company that is a signatory to the Code and that either is certified under

the Code or that seeks certification under the Code?c. an auditor credentialed by ICMI or denied credentials from ICMI?d. an individual or group that may be affected by implementation of Code and that can present evidence

that the Code has been implemented in a manner incorrectly or erroneously or inconsistent with its stated intent, goals, procedures and/or limitations?

2. If the answer to 1d is yes, complete the following:

a. Complainant's country of citizenship, charter, registration or incorporation:b. Is the complainant's use of air, surface water, ground water, or land resources reasonably expected to

be adversely impacted by the manufacture, transport, use or disposal of cyanide at or to a certified operation or one seeking certification? Describe.

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3. What provision of the Code and/or its implementing procedures and documentation does the complaint involve? Cite the Principle, Standard of Practice or section of the document or procedure and be as specific as possible.

4. What decision or action of the respondent does the complainant believe to be contrary to the Code or its implementing procedures and/or documentation? Identify the signatory company, operation and location if applicable.

5. How is the decision or action contrary to the Code or its implementing procedures and documentation?

6. What evidence (documentation, first-person testimony, photographs or other materials) will the complainant present in support of the complaint?

7. In pursuing the resolution of this dispute, I agree to abide by the procedures set out in the ICMI Dispute Resolution Procedure.

Signature of Complainant Date

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Request for Arbitration

All items on this form must be completed to initiate arbitration of a dispute. Copies of the form are to be submitted to ICMI. See the ICMI Dispute Resolution Procedure for guidance on completing this form.

Date:

Complainant:

Respondent:

1. Has an attempt been made to resolve the dispute through mediation? If yes, no further information is required. Sign and date the form at the bottom and submit to ICMI and respondent.

2. Is the complainant:

a. a company that is a signatory to the Code?b. an operation that is owned by a company that is a signatory to the Code and that either is certified under

the Code or that seeks certification under the Code?c. an auditor credentialed by ICMI or denied credentials from ICMI?d. an individual or group that may be affected by implementation of Code and that can present evidence

that the Code has been implemented incorrectly or erroneously or in a manner inconsistent with its stated intent, goals, procedures and/or limitations?

3. If the answer to 2d is yes, complete the following:

a. Complainant's country of citizenship, charter, registration or incorporation:b. Is the complainant's use of air, surface water, ground water, or land resources reasonably expected to

be adversely impacted by the manufacture, transport, use or disposal of cyanide at or to a certified operation or one seeking certification?Describe.

4. What provision of the Code and/or its implementing procedures and documentation does the complaint involve? Cite the Principle, Standard of Practice or section of the document or procedure and be as specific as possible.

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5. What decision or action of the respondent does the complainant believe to be contrary to the Code or its implementing procedures and/or documentation? Identify the signatory company, operation and location if applicable.

6. How is the decision or action contrary to the Code or its implementing procedures and documentation?

7. What evidence (documentation, first-person testimony, photographs or other materials) will the complainant present in support of the complaint?

In pursuing the resolution of this dispute, I agree to abide by the procedures set out in the ICMI Dispute Resolution Procedure.

Signature of Complainant Date

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Footnotes

1 Lead auditors must submit an Auditor Credentials Form to ICMI with information on their qualifications. This form is available for public review on the ICMI website along with each operation's Summary Audit Report. ICMI reviews this information and spot checks it to verify its accuracy. The President of ICMI will be the respondent for disputes regarding the veracity of this information and ICMI's decision to grant or deny an auditor's credentials.

2 ICMI certifies operations based on the findings of an independent third-party audit. While ICMI requires that the auditors meet certain criteria for experience, expertise and lack of conflicts of interest, and further requires that the lead auditor be a Certified Professional Auditor, ICMI can not guarantee the accuracy of the actual on-site audit nor evaluate the merits of a complaint regarding the audit findings since it was not present at the operation during the audit and does not have access to all the documentation review and practices observed by the auditors. Therefore, complaints regarding the certification of an operation that are based on disputed audit findings are appropriately resolved directly with the lead auditor who made the findings. Complaints regarding unethical or unprofessional conduct by an auditor that are not related to audit findings are not subject to this Procedure and should be addressed through the lead auditor's professional certifying organization.

3 The Request for Reconsideration process is available to any individual or group without limit in order to ensure that all information and issues potentially related to an operation's compliance with the Code can be identified and fully evaluated.

4 Time frames are established in this Procedure in order to move the process along to a timely resolution, and are not intended to operate as a bar to further proceedings if exceeded by a reasonable amount of time for good cause.

5 Limitations on standing are intended to be narrow and to allow a broad range of stakeholders access to mediation and/or arbitration of their complaints.

6 All residents of a country in which a certified operation or one seeking certification is located automatically have such standing regardless of their proximity to the operation.

7 This applies in situations where production, transport or use of cyanide presents trans-border issues (e.g., transport through one country to another, releases to waters flowing across borders). Citizens of countries other than that in which the certified operation is located must be able to show that the Code decision or action can reasonably be expected to have an adverse impact on their health or safety, or the use of their natural resource by humans, livestock or wildlife. For example, a citizen of a country would likely have standing if a stream in that country used as drinking water for humans or wildlife could be impacted by a release from an operation or during transport of cyanide to that operation.

8 The ICMI President's review of a Request for Mediation or Request for Arbitration is not intended to judge the substance of the evidence presented in the complainant, but rather to confirm that the complaint is based on evidence rather than unsupported assertions or allegations, and that the complainant meets the other requirements of Section 3.5.

9 These organizations are offered only as examples that may be able to provide mediation services or whose procedures may be useful as models for mediation. Their inclusion is not intended as an endorsement, and the

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exclusion of other arbitration organizations is not intended to reflect ICMI's determination of their expertise, professionalism, or relative merit. Additional organizations can be found on the website of the Permanent Court of Arbitration at http://www.pca-cpa.org/ENGLISH/AL/#IV. Some of the identified organizations may not have expertise in environmental or public policy mediation.

10 Mediation is only effective if all parties make a good-faith effort to reach a mutually-agreeable resolution. Any party can forego mediation and elect to proceed directly to binding arbitration if it believes that the issue will not be resolved through mediation.

11 These organizations are offered only as examples that may be able to provide arbitration services or whose procedures may be useful as models for arbitration. Their inclusion is not intended as an endorsement, and the exclusion of other arbitration organizations is not intended to reflect ICMI's determination of their expertise, professionalism, or relative merit. Additional organizations can be found on the website of the Permanent Court of Arbitration at http://www.pca-cpa.org/ENGLISH/AL/#IV. Some of the identified organizations may not have expertise in environmental or public policy arbitration.

Review and Revisions

The International Cyanide Management Code (hereinafter “the Code”) and other documents or information sources referenced at www.cyanidecode.org are believed to be reliable and were prepared in good faith from information reasonably available to the drafters. However, no guarantee is made as to the accuracy or completeness of any of these other documents or information sources. No guarantee is made in connection with the application of the Code, the additional documents available or the referenced materials to prevent hazards, accidents, incidents, or injury to employees and/or members of the public at any specific site where gold is extracted from ore by the cyanidation process. Compliance with this Code is not intended to and does not replace, contravene or otherwise alter the requirements of any specific national, state or local governmental statutes, laws, regulations, ordinances, or other requirements regarding the matters included herein. Compliance with this Code is entirely voluntary and is neither intended nor does it create, establish, or recognize any legally enforceable obligations or rights on the part of its signatories, supporters or any other parties.

Review and Revision of the Code and its Related Documents

The International Cyanide Management Code represents best practice for management of cyanide used in the gold mining industry. The Code and its supporting documents must evolve as best practice for cyanide management evolves. Periodic technical review of the Code is therefore necessary to ensure that it continues to represent best practices for cyanide management. The Code's Principles, Standards of Practice, Implementation Guidance and other documents will be reviewed and updated as needed so that they continue to reflect the best currently available practices.

The International Cyanide Management Institute (ICMI), a new organization with new procedures, was created to implement the Code. Revisions to the administrative elements of the Code may be necessary as ICMI, the gold mining industry, cyanide producers and transportation companies gain experience in its implementation. In particular, this administrative review is needed to ensure that the questions in the Verification Protocols are properly focused and that verification audits are being conducted consistently around the globe.

The ICMI Board of Directors is responsible for overseeing these technical and administrative reviews and authorizing revisions in the Code and its supporting documents.

Ongoing Review

All stakeholders are encouraged to identify technical deficiencies and administrative problems that exist as the Code is implemented and to advise ICMI at [email protected] or otherwise through communication with the ICMI President. The President will advise the Board of Directors of these issues and the Board will direct the President to take whatever action it deems appropriate. These may include, but are not limited to:

Soliciting stakeholder input; Placing the item on the agenda for discussion at a Board meeting; Drafting a Code revision for the Board's consideration; Contracting for research on the issue and/or development of a Code revision for the Board's discussion

and/or consideration; Taking no further action.

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Issues to be considered by the Board will be posted on the Code web site at least one month prior to the Board's meeting, along with an invitation for additional stakeholder comment. The Board will consider the issue, determine whether or not a revision to the Code or its related documents is necessary, and direct the President to implement its decision pursuant to the procedures prescribed in ICMI's by-laws.

In addition to the process described above, the ICMI Board of Directors at its own initiative may direct the President to evaluate technical aspects of the Code, determine if the Code continues to represent best practice for cyanide management and make appropriate recommendations for areas that should be updated, or have such a review conducted by a technical consultant.

Initial Review

In July 2005, ICMI announced its intention to evaluate Verification Audit Reports used to determine compliance with the International Cyanide Management Code, to assess whether the Code was being audited consistently. Specifically, ICMI wished to ascertain if additional auditor guidance, revisions to the Code and related documents, or other administrative changes were needed to ensure that the Code is verified consistently throughout the world. ICMI’s Review and Revision Policy called for this review once a sufficient number of reports had been submitted from different regions and different auditors “to ensure that the evaluation of operations during Code verification audits, and the resulting certification decisions by the auditors are being done consistently across the globe.”

Consistent with the Review and Revision Policy, ICMI announced on its web site on June 12, 2009 that it had contracted with Fred Banta, an environmental consultant in Denver, Colorado to conduct this review. At that same time, ICMI also requested Code stakeholders to submit any information that would be useful in evaluating the consistency of Code audits; no comments were received.

Mr. Banta’s report, completed in the fourth quarter of 2009, concluded that the variability of audit reports was within an acceptable range and that based on his review, no additional auditor guidance, revisions to the Code and related documents or other administrative changes are currently necessary. ICMI’s Board of Directors has authorized ICMI to make the report publicly available. The Board also requested ICMI staff to continue to monitor the variability of audit reports, particularly with respect to how they address management systems and emergency response capabilities, and to determine the need for a follow-up evaluation several years hence as Code implementation becomes more routine.

The report can be accessed via this link.

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