YOUR AGREEMENT TO THE CONDITIONS AND TERMS OF USE FOR ACCESS TO THIS PORTION OF THE WEBSITE.
ACCESS TO THE INFORMATION AND DOCUMENTS ON THIS PORTION OF THE WEBSITE IS RESTRICTED FOR REGULATORY REASONS. YOU ARE REQUESTED TO REVIEW THE FOLLOWING INFORMATION AND MAKE THE FOLLOWING CONFIRMATIONS EACH TIME YOU SEEK TO ACCESS THIS RESTRICTED INFORMATION. YOUR CONFIRMATION MUST BE TRUE AND ACCURATE.
THE MATERIALS CONTAINED HEREIN ARE NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, IN OR INTO THE UNITED STATES, AUSTRALIA, JAPAN, CANADA, OR ANY OTHER JURISDICTION WHERE TO DO SO WOULD CONSTITUTE A VIOLATION OF THE RELEVANT LAWS OR REGULATIONS OF SUCH JURISDICTION. THESE MATERIALS MAY NOT BE RECORDED OR REPRODUCED IN ANY FORM, FURTHER DISTRIBUTED OR PASSED ON, DIRECTLY OR INDIRECTLY, TO ANY OTHER PERSON, OR PUBLISHED, IN WHOLE OR IN PART, FOR ANY PURPOSE. ANY FAILURE TO COMPLY WITH THESE RESTRICTIONS MAY CONSTITUTE A VIOLATION OF APPLICABLE SECURITIES LAWS.
THE MATERIALS ARE STRICTLY CONFIDENTIAL AND ARE BEING PROVIDED TO YOU SOLELY FOR YOUR INFORMATION.
It is important that you review and comply with the relevant following country/regional specific requirements.
If the country/regional requirements below are not applicable to you, you must inform yourself about any country/regional requirements applicable to you and you must observe any restrictions in relation to access to this website and receipt of the materials under all applicable law and regulation, as access thereto and receipt thereof is restricted strictly to eligible institutional investors in each jurisdiction.
United States
The information contained herein and on the pages that follow does not constitute or form a part of any offer of securities for sale or a solicitation of an offer to purchase securities in any jurisdiction in which such offers or sales are unlawful. The securities referred to herein and on the pages that follow (the “Securities”) have not been and will not be registered under the U.S. Securities Act of 1933, as amended (the “U.S. Securities Act”), and may not be offered or sold in the United States absent registration or an exemption from registration under the U.S. Securities Act and in compliance with any applicable securities laws of any state or other jurisdiction in the United States. The Securities are only available to investors who are either qualified institutional buyers ("QIBs") within the meaning of Rule 144A under the U.S. Securities Act ("Rule 144A") or persons who are not a U.S. Person (as defined in Regulation S under the U.S. Securities Act ("Regulation S")) and who are outside of the United States in accordance with Regulation S. No public offering of the Securities is being made in the United States.
European Economic Area
With respect to the member states of the European Economic Area (the “EEA”) (each, a “Member State”) no action has been undertaken or will be undertaken to make an offer to the public of the Securities requiring a publication of a prospectus in any Member State. As a consequence, the Securities may only be sold in any Member State pursuant to an exemption under the Regulation (EU) 2017/1129 (the “Prospectus Regulation”) (as amended or superseded).
The Securities are not intended to be offered, sold or otherwise made available to and should not be offered, sold or otherwise made available to any retail investor in the EEA. This portion of the website is directed only at persons in Member States of the EEA who are not “retail investors”. For these purposes, a "retail investor" means a person who is one (or more) of: (i) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU (as amended, "MiFID II"); or (ii) a customer within the meaning of Directive (EU) 2016/97 (as amended, the "IDD"), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II.
No key information document required by Regulation (EU) No 1286/2014 (as amended, the "PRIIPs Regulation") for offering or selling the Securities or otherwise making them available to retail investors in the EEA has been prepared.
United Kingdom
With respect to the United Kingdom, no action has been undertaken or will be undertaken to make an offer to the public of the Securities requiring a publication of a prospectus in the United Kingdom. As a consequence, the Securities may only be sold in the United Kingdom pursuant to an exemption under the Prospectus Regulation as it forms part of domestic law by virtue of the European Union (Withdrawal) Act 2018 (the "EUWA") and the Financial Services and Markets Act 2000 (as amended, the "FSMA").
The Securities are not intended to be offered, sold or otherwise made available to and should not be offered, sold or otherwise made available to any retail investor in the United Kingdom. This portion of the website is directed only at persons in the United Kingdom who are not “retail investors”. For these purposes, a "retail investor" means a person who is one (or more) of: (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of domestic law by virtue of the EUWA; or (ii) a customer within the meaning of the provisions of the FSMA and any rules or regulations made under the FSMA to implement Directive (EU) 2016/97, where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of domestic law by virtue of the EUWA.
No key information document required by Regulation (EU) No 1286/2014 as it forms part of domestic law by virtue of the EUWA (the "UK PRIIPs Regulation") for offering or selling the Securities or otherwise making them available to retail investors in the UK has been prepared.
This website and the information contained herein are directed solely at persons (i) who are outside the United Kingdom, (ii) who have professional experience in matters relating to investments and who fall within the meaning of Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) (the “Order”), or (iii) who are high net worth entities and other persons to whom such website and the information contained herein may otherwise lawfully be made falling within Article 49(2)(A) to (D) of the Order (all such persons together being referred to as “Relevant Persons”). This website and the information contained herein must not be acted on or relied on by persons who are not Relevant Persons. Any investment or investment activity to which this website and the information contained herein relate is available only to Relevant Persons and will be engaged in only with Relevant Persons.
Furthermore, the Securities have not been and will not be registered under the applicable securities laws of Australia, Canada or Japan, or any other jurisdiction in which it would be unlawful or would require registration or other measures, and therefore may not be offered or sold to or for the account or benefit of any person having a registered address in, or located or resident in, Australia, Canada, Japan or any other jurisdiction in which it would be unlawful or would require registration or other measures.
Access to the information and documents contained on this portion of the website may be illegal in certain jurisdictions, and only certain categories of persons may be authorized to access such information and documents. All persons who wish to have access to the documents contained on this website should first ensure that they are not subject to local laws or regulations that prohibit or restrict their right to access this website or require registration or approval for any acquisition of securities by them. Anglo American plc and Anglo American Capital plc assume no responsibility if there is a violation of applicable law and regulations by any person. If you are not permitted to view materials on this webpage or are in any doubt as to whether you are permitted to view these materials, please exit this webpage.
Confirmation of Understanding
By proceeding to view the materials to which this gatepost gives access, you confirm that you (1) have read and understood the information set out above, (2) agree to be bound by its terms, (3) are permitted under applicable law and regulation to proceed to the following parts of this website, (4) agree that you will not transmit or otherwise send any information contained in this website to any person in the United States or to publications with a general circulation in the United States, and you:
- are either (a) a non U.S. person (as defined in Regulation S) and are outside of the United Sates in an offshore transaction in reliance on Regulation S or (b) you are a QIB within the meaning of Rule 144A;
- are resident and physically present outside Australia, Japan and Canada;
- are not a retail investor in any Member State; and
- are (i) not resident or physically present in the United Kingdom, unless you are a Relevant Person; and (ii) not a retail investor in the United Kingdom.