Corporate Action ATTENTION: International Research, Sales, Trading and Operations Staff Termination Notice Name: Bougainville Copper Limited Country: Papua New Guinea Symbol: BOCOY CUSIP Number: 101395200 Exchange: OTC Ratio: 1 ADRs : 1 ORDs The Bank of New York Mellon (the "Depositary"), in its capacity as Depositary for the ADRs representing shares of Bougainville Copper Limited ("the "Company"), hereby announces that effective thirty days from the date on the notice to ADR holders, the ADR program for Bougainville Copper Limited will be terminated effective close of business (New York time) on July 24, 2009. Beginning July 24, 2009 (the "termination date"), the Depositary will close its books permanently for issuances of ADRs. After the expiration of six months from such date of termination and in accordance with article (13) of the ADR certificate, the Depositary may sell any remaining Deposited Securities in such a manner as it may determine, and may thereafter hold the net proceeds of any such sale or sales together with any dividends received prior to such sale or the U.S. Dollars received on conversion thereof, without liability for any interest thereon, for the pro rata benefit of the owners of the Receipts which have not therefore been surrendered for cancellation. After making such sale, or if no sale can be made after the expiration of two years from such date of termination, the Depositary shall be discharged from all obligations whatsoever to the holders and Owners of the Receipts except to make a distribution of the net proceeds of sale and such dividends (after deduction of all fees, charges and expenses of the Depositary) or of the Deposited Securities in case no sale can be made upon surrender of the receipts. As a result of the termination of the agreement evidenced in the ADR certificate as described above, ADR holders have until January 22, 2010 to decide if they would like to retain their interest in Bougainville Copper Limited before the Depositary sell those shares. If you do not surrender your ADRs and request delivery of the underlying shares before the Depositary sells those shares, you will lose the right to receive those shares and instead will be entitled, upon subsequent surrender of your ADRs, to receive the net proceeds from the sale of those shares. Holders who surrender their Bougainville Copper Limited ADRs for the purpose of withdrawing the underlying shares before the Depositary sells those shares must pay a cancellation fee of $0.05 per ADS surrendered, a cable fee of $12.50 and any applicable taxes or governmental charges. Payment should be made to The Bank of New York Mellon. Please note the delivery requires your bank/agent in Australia to have instructions to receive the shares of Bougainville Copper Limited from the Depositary's custodian. You or your broker must contact your bank/agent to ensure that the necessary instructions are in place to receive the shares. If the shares are not delivered to and received by your bank/agent in Australia by the date the Depositary is permitted to sell those shares, the owner will remain an ADR holder and may thereafter receive the net cash proceeds from the sale of the shares, as described herein. If you wish to receive payment of the proceeds of the sale of the shares, please do not surrender your ADRs at this time, the Depositary will send a separate notice with instructions to surrender your ADRs after the sale of the shares is completed. To learn more about ADRs and issuer programs, please call our marketing desks: New York Hong Kong London Jason Smith Joe Oakenfold Damon Rowan Assistant Treasurer Vice President Assistant Treasurer Jason.Smith@bnymellon.com Joe.Oakenfold@bnymellon.com Damon.Rowan@bnymellon.com 212-815-3874 +852-2840-9717 +44-207-964-6527 This information and data is provided for general informational purposes only; it is not investment advice and should not be used for any investment decisions nor trading purposes. The Bank of New York Mellon does not warrant or guarantee the accuracy, timeliness or completeness of this announcement and shall have no liability for investment or other decisions based hereon, including market value loss on the sale or purchase of securities or other instruments or obligations. We do not undertake any obligation to update or amend this information or data. Nothing herein shall be deemed to constitute an offer to sell or a solicitation of an offer to buy securities. Please also see “Terms of Use”. |