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Newmont strives to build trust with stakeholders through proactive, transparent, and inclusive engagement. We seek to develop and maintain long-term relationships with communities based on trust and integrity.

As a Company, we are required to be transparent about our achievements and challenges. We publish a yearly sustainability report which aligns with our values of safety, integrity, sustainability, inclusion and responsibility.

While we may not always agree with the positions taken by others, we are committed to being truthful about the facts surrounding key issues, learning from our mistakes, and respecting differing viewpoints. We remain open to engaging constructively to address claims in a way that is consistent with our values, standards and international commitments.

Chaupe Land Dispute, Peru Human Rights at Marlin Mine, Guatemala Water at Peñasquito, Mexico Ahafo Fatalities, Ghana Ecological Taxes, Mexico Union Dispute, USA

Chaupe Land Dispute, Peru

Chaupe Land Dispute, Peru

We continue to manage a complex land dispute in Peru with the Chaupe family related to parcels of land purchased by the company between 1996 and 1997. Early dialogue processes were established with the family but these stalled when an NGO representing the family became involved. The dispute has been through various legal process at different levels of the Peruvian courts over the years. In May of 2015, following allegations of harassment against the Chaupes, Newmont commissioned RESOLVE – an independent nonprofit organization dedicated to multi-stakeholder consensus building – to establish an independent body to objectively examine the facts underpinning the dispute, our actions and behaviours and publicly disclose their findings. The 18-month process included an extensive document review and interviews with and input from the Chaupe family, their supporters, Peruvian authorities and Newmont employees. The report and all of our statements about the situation have been public since 2015 and are available on the link below.

During and after the independent fact finding mission and report we engaged with the Chaupe family both through intermediaries and directly to demonstrate our interest in good faith dialogue and resolution of the dispute. We collectively achieved important progress in establishing a relationship and building trust.

Unfortunately, this process was interrupted a few years ago when Newmont was informed by the legal counsel of an NGO that it was now legally representing the Chaupe family and had filed a lawsuit in 2017 in the United States, at which time we were informed to stop all direct communications with the Chaupe family.

The lawsuit was dismissed twice by the United States trial court, and the dismissal was affirmed by the United States appellate court in December 2020, based on the conclusion that any legal disputes should be resolved in the Peruvian courts—not in the United States. The Chaupe family’s claims in the lawsuit are without merit, and if they choose to re-file their lawsuit in Peru, Newmont will defend against their claims. However, we think that continued lawsuits are not productive. Instead, we continue to publicly express our desire for dialogue and dispute resolution.

Chaupe Land Dispute Statements

Supportive Company Policies, Standards and Reports:

Human Rights at Marlin Mine, Guatemala

Human Rights at Marlin Mine, Guatemala

The Marlin Mine, located in Guatemala, was operated by Goldcorp from October 2005 until May 2017. Mine closure and reclamation started in June 2017 and physical reclamation activities are nearing completion. In 2007, the Government of Guatemala was subject to a petition with the Inter-American Commission on Human Rights (IACHR) about the permitting process for the mine. Goldcorp undertook a human rights assessment, in 2010, to address concerns expressed by stakeholders and understand how the policies, procedures and practices at the Marlin Mine may have affected human rights.

In January 2020, we provided a summary of the status of the grievances addressed by a government convened dialogue process. A summary of the current status of the IACHR measures and responses is also available on the link below.

Marlin Mine Statements:

Supportive Company Policies, Standards and Reports:

Water at Peñasquito, Mexico

Water at Peñasquito, Mexico

The Peñasquito mine, located in the Zacatecas state of Mexico, has faced a number of illegal blockades since operations began in 2010. Following the Goldcorp acquisition in April 2019, Newmont started operating the mine and entered into a Government-led multi stakeholder dialogue process to address the concerns presented by members of the San Juan de Cedros community (one of 25 communities located in Peñasquito zone of influence). The dialogue process resulted in the resolution of a number of issues including a commitment from Newmont to operate potable water treatment plants, water production wells and agricultural production wells. Peñasquito has enhanced water availability for the mine’s neighboring communities through a number of projects including water treatment plants, new wells, pipelines and water trucks, along with 90 other infrastructure and community development projects. The mine directly employs more than 5,000 people while supporting another 20,000 indirect jobs in the region. Since 2005, the Company has invested approximately US$5 billion in Peñasquito.

In December 2019, a historic water pact was agreed to, which included securing a sustainable water supply for the Cedros community’s domestic and agricultural uses. In August 2020, a significant milestone was reached with the formal ratification of an agreement with the Cedros community. The agreement involves sustainable long-term solutions related to the leasing of land for the operation, infrastructure for drinking and agricultural water and social investment. Importantly, it states that any future complaint will be resolved through dialogue and without blockages.

Peñasquito Statements:

Supportive Company Policies, Standards and Reports:

Ahafo Fatalities, Ghana

Ahafo Fatalities, Ghana

On April 7th 2018, a tragic incident at the Ahafo Mill Expansion project in Ghana resulted in six fatalities. A contractor crew of eight people was working inside a concrete reclaim tunnel when the roof collapsed. Of these eight, two individuals escaped with minor injuries. Emergency response teams were immediately dispatched to the scene but six people lost their lives in the roof collapse.

While no action can adequately address this tragic loss of life, Newmont fully cooperated with the Inspectorate Division of the Minerals Commission to support their investigation of the incident and provided support and counselling services to the families and workers. A long-term, comprehensive and sustainable financial assistance package for the grieving families was provided.

A thorough investigation into the root causes of the collapse took place with critical learning sessions involving more than 9,500 employees and contractors. Each site identified priority actions and developed plans to address the actions and their effectiveness. We developed global standards for barricading and exclusion zones to support regional standard operating procedures and identified additional critical controls associated with our top fatality risks that must be in place every time a task involving the risk is undertaken.

Ahafo Fatalities Statements:

Supportive Company Policies, Standards and Reports:

Ecological Taxes, Mexico

Ecological taxes, Mexico

In March 2017, Newmont, along with other companies, challenged the constitutionality and legality of environmental taxes that the State of Zacatecas approved in December 2016. The wording of the December 2016 legislation is ambiguous and provides little direction for how the taxes are to be calculated and levied. There was an initial ruling in favor of the Company but overturned on appeal. However, several other courts have found the tax unconstitutional creating ambiguity as to the viability of the tax. The State of Zacatecas has not issued a notice of tax or assessment to the Company.

In August of 2020, Newmont paid to the State of Zacatecas an amount of tax calculated by the Company for years 2017-2020, reserving the right to dispute the constitutionality or future assessment of the tax. Since the initial tax payment was completed, Newmont and the State of Zacatecas government have been meeting on a regular basis to review and agree on the technical basis of the tax calculations. In December 2020, Newmont held meetings with the Secretary of Finances of the State of Zacatecas to provide evidence of the calculations used by the company to substantiate the tax calculation based on the articulation of exemptions in Mexico’s mining law (including Articles 4 and 8), emission calculations and the composition of mine waste. Newmont completed a second tax payment to the State of Zacatecas on December 18, 2020 to demonstrate our commitment to meet our legal tax obligations. The payment was based on company’s calculations in line with its technical basis as presented to the State government.

The company is committed to ongoing engagement with the State of Zacatecas officials to agree on the technical basis for the tax calculation. Newmont believes that our current position is fair and legitimate and will continue to engage in good faith dialogue and negotiations with the government who should be providing the evidence used for their calculations in the coming weeks.

The Zacatecas State Government approved an amendment to correct the current wording of the law to facilitate interpretation. The amendment changes the basis of future tax calculations and Newmont will continue to engage with the Government to better understand the changes to improve clarity. The amendment may also provide an opportunity for future injunctions in cases where the State Government and the taxpayer have differing interpretations of the tax basis.

Newmont discloses its tax and broader socio-economic contributions in our Annual Report and in our annual sustainability report which includes information about 2019’s payment of $141M in taxes and royalties in Mexico. Further detail on this issue is provided in Newmont’s 10-K and 10-Q forms as follows: 10-K (pg.31 and 174: Note 32, “Commitments and Contingencies - State of Zacatecas’ Ecological Tax", and "Risk Factors" under the heading "New legislation and tax risks in certain operating jurisdictions could negatively affect us”), 10-Q (pg. 41 and 42: Note 26, “Commitments and Contingencies - State of Zacatecas’ Ecological Tax”).

Ecological tax Statements:

Supportive Company Policies, Standards, Reports and Membership Obligations:

Union Dispute, USA

Union Dispute, USA

For more than 50 years, Newmont has enjoyed a mutually respectful and productive relationship with the Union representing employees from its Nevada operations (Operating Engineers Local Union No. 3). Newmont recognized the union and abided by the collective bargaining agreement (CBA) that covers union member employee-employer relations for the period when Newmont was the employer.

As part of the terms of the Nevada Gold Mines JV (NGM), formed on July 1, 2019 between Barrick and Newmont, Barrick gained operational control of the venture, gaining sole decision-making authority over employee-related issues that impact labor-management relations without requiring consultation with Newmont.

From late December 2019 to mid-February 2020, Newmont produced information to the Union, met with the Union and maintains transparent lines of communication with the Union. However, decisions with respect to employees and the Union rest with the operator of NGM, Barrick.

In March 2020, the National Labor Relations Board filed an administrative action and a lawsuit seeking an injunction stating that Nevada Gold Mines refused to recognize International Union of Operating Engineers Local 3 as the bargaining representative at mining facilities formerly owned and operated by Newmont in the Carlin trend of Nevada.

In August 2020, NGM, the National Labor Relations Board and the International Union of Operating Engineers Local 3, reached an agreement to settle the complaint, restore working conditions and benefits and reimburse union employees for lost wages. NGM agreed not to interfere with the ability of its workers to join a union and to work collaboratively with Union and non-union workforce members.

Supportive Company Policies, Standards and Reports: