First Quantum Minerals Provides Update on Status of Cobre Panamá and the Punta Rincón Port
06 Febrero 2023 - 05:00AM
GlobeNewswire Inc.
First Quantum Minerals Provides Update on Status of Cobre Panamá
and the Punta Rincón Port
First Quantum Minerals Ltd. (“First Quantum” or “the Company”)
(TSX: FM) announces that on January 26, 2023, Minera Panamá, S.A.
(“MPSA”) received Resolution No. 007-2023 (the “Resolution”). The
Resolution was issued by the Panamá Maritime Authority (“AMP”) and
requires the suspension of concentrate loading operations at the
Cobre Panamá port, Punta Rincón, until evidence is provided that
the process of certification of the calibration of the scales by an
accredited company has been initiated.
MPSA submitted the required proof of the
initiation of the certification process by an accredited company on
February 3, 2023. This Resolution deviates from the prior process
of internationally accepted certifications that MPSA has previously
provided to AMP, which have been accepted until now. As a result,
MPSA has suspended loading operations while it awaits a response
from the AMP.
It will be to the detriment of Panamá, the
mine’s employees, suppliers and the broader Panamanian economy if
the Government of Panamá (“the Government”) forces MPSA to shut
Cobre Panamá, which may become necessary if concentrate is not
shipped by mid-February due to limited storage capacity on
site.
The Resolution is part of a series of escalating
attempts by the Government to pressure the Company into accepting a
refreshed concession contract on the Government’s terms.
Recent steps taken by the Panamanian authorities
include the following actions, which prejudice good-faith
negotiations and are both untimely and unnecessary, in particular
given the recent progress that both parties have made towards
resolving outstanding issues:
- Taking
Steps to Block Copper Exports: The AMP has taken several
actions to obstruct operations at MPSA’s Punta Rincón shipping
terminal. These include conducting extraordinary and unusual
inspections, instructing maritime pilots not to provide service to
vessels and issuing the Resolution,
-
Attempting to Place Cobre Panamá on “Care &
Maintenance”: On December 19, 2022, by way of executive
Resolution No. 234, the Government directed MPSA to submit a plan
to place the mine under “care and maintenance.” First Quantum
believes the Government’s requirement is an unnecessary step that
will have serious and negative consequences. MPSA has pursued a
long series of appeals which remain pending with the Ministry of
Commerce and Industries, and
- A Change
of the Government’s Long-Held Position on the Validity of the
Concession Contract: Following a 2018 Supreme Court ruling
on the unconstitutionality of “Law 9” (the “Ruling”), which
approved MPSA’s concession contract, the Government issued several
public statements reaffirming that the concession contract remained
valid in all aspects given the nature and effects of
unconstitutionality rulings. Prior to the Ruling, the Ministry of
Commerce and Industries issued Resolution No. 128 of 2016 (the
“Extension Resolution”) granting the first extension of the
concession contract through to 2037. In connection with two
proceedings filed by third parties seeking annulment of the
Extension Resolution, the Procurador de la Administración
(“Administration’s Attorney”) issued opinions in 2018 and 2019
stating that the resolution was legal. On January 11, 2023, the
Administration’s Attorney abruptly switched course and filed
motions in the two proceedings asking the Supreme Court to declare
that the Extension Resolution be deemed without legal effect. The
Supreme Court has not yet ruled on the matter.
First Quantum and MPSA are prepared to meet, and
in part exceed, the objectives that the Government outlined in
January 2022 related to revenues, environmental protections and
labour standards. This includes a minimum of $375 million per year
in government income, comprised of corporate taxes and a
profit-based mineral royalty of 12 to 16 percent, with downside
protections aligned with the Government’s position.
The Company has also expressed its earnest
desire to resolve all outstanding issues and continues to engage
with the Government with a view to concluding a reasonable and
durable arrangement regarding the long-term future of Cobre Panamá.
At the same time, First Quantum and MPSA are doing everything
possible to support the workforce, preserve the value and integrity
of the mine and defend First Quantum and its stakeholders,
including through all available legal means.
For further information, visit our website at
www.first-quantum.com or contact:
Bonita To, Director, Investor Relations (416)
361-6400 Toll-free: 1 (888) 688-6577E-Mail: info@fqml.com
CAUTIONARY STATEMENT ON FORWARD-LOOKING
INFORMATION
Certain statements and information herein,
including all statements that are not historical facts, contain
forward-looking statements and forward-looking information within
the meaning of applicable securities laws. The forward-looking
statements in this news release include statements as to effects of
the Government’s actions on the ability of MPSA to continue
operations at Cobre Panamá and the Company’s readiness to reach an
agreement with the Government regarding the long term future of
Cobre Panamá. With respect to forward-looking statements and
information contained herein, the Company has made numerous
assumptions, including as to the effects of the proposal put
forward by MPSA. Forward-looking statements and information by
their nature are based on assumptions and involve known and unknown
risks, uncertainties and other factors which may cause the actual
results, performance or achievements to be materially different
from any future results, performance or achievements expressed or
implied by such forward-looking statements or information. These
factors include, but are not limited to, political stability in
Panamá, potential social and environmental challenges, and events
generally impacting global economic, political and social
stability. There may also be other factors that cause actual
results, performance, achievements or events not as anticipated,
estimated or intended, including the risks, uncertainties and other
factors discussed in the Company’s Annual Information Form. The
Company undertakes no obligation to reissue or update
forward-looking statements or information as a result of new
information or events after the date hereof except as may be
required by law.
First Quantum Minerals (LSE:0P6E)
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