@jantimont, I don't think it is a clear cut "legally entitled" (to the funds). If MBN was straight out entitled to the funds, the government wouldn't negotiate over giving a paltry 3M first (it would b given).
It also shows that they seem to be making a concession to the rule through offering the funds out of the Develop Bahia fund, not as a direct tax reimbursement. It seems this is not standard practice for these funds to be returned so there is no rule.
This is why through making a concession to return funds, and through saying they will do what they can to ensure the mine remains in operation, I believe there would be terms precedent to returning the money from the Develop Bahia fund, to ensure that the funds do just that - develop Bahia and not go to some bankers pockets.
MBN Price at posting:
8.3¢ Sentiment: None Disclosure: Held