First Quantum Comments on Developments in Panama
01 Dicembre 2023 - 12:03PM
First Quantum Minerals Ltd. (“First Quantum” or “the Company”)
(TSX: FM) notes comments made by the President of Panama,
Laurentino Cortizo, that on publishing of the Supreme Court of
Panama’s ruling of Law 406 as unconstitutional, there will be a
transition process for the closure of the Cobre Panama mine. Minera
Panamá S.A. (“MPSA”), a subsidiary of First Quantum, is currently
seeking additional details in respect of the ruling and its
implications. With these developments, the Company is suspending
its production guidance for Cobre Panama for the current year.
The Court’s decision does not take into account
a planned and managed closure scenario, in which key environmental
measures are required to be implemented to maintain the
environmental safety of the site during this process. Typically,
this would involve the development of environmental controls to
ensure the long-term physical and chemical stability of all
infrastructure under current and extreme climatic conditions to
avoid long-term environmental impact. Some of these environmental
requirements requiring clarification include the Government’s plan
for the management of the tailings storage and water treatment
facilities to preserve water quality, maintain safety and prevent
failure. Furthermore, the future of Cobre Panama’s rehabilitation,
reforestation and species conservation programs, as well as
protection of almost 20% of Panama’s total protected areas,
currently funded by Cobre Panama will need to be addressed.
On November 14, First Quantum submitted to the
Ministry of Commerce and Industry of Panama a notice of intent to
initiate arbitration to enforce its rights under international law
pursuant to the Canada-Panama Free Trade Agreement. The notice of
intent facilitates consultations between the Government of Panama
and MPSA under the Free Trade Agreement in order to avoid the need
to file any such arbitration.
Furthermore, on November 29, MPSA initiated
arbitration before the International Court of Arbitration (“ICC”)
to protect its rights under the 2023 concession agreement that the
Government of Panama agreed to earlier this year. The arbitration
agreement provides for arbitration in Miami, Florida.
First Quantum, through Cobre Panama, reiterates
that transparency and compliance with the law has always been
fundamental for the development of its operations and remains open
to constructive dialogue in order to reach consensus.
Further information about Cobre
Panama:
For the past 25 years, MPSA has developed and
operated the Cobre Panama mine. The development of the mine has
been governed by a Concession Agreement contract first signed by
the Republic of Panama and MPSA in February 1996 and approved by
contract law 9 by the National Assembly in February 1997. On the
basis of that contract, Cobre Panama has invested $10 billion in
the mine and associated infrastructure, including a power plant,
cross-country transmission lines, roads and a port.
Cobre Panama has also developed substantial
community outreach and environmental mitigation programs, both
during the construction phase of the mine and since commercial
operations commenced in September 2019. The mine is governed by an
Environmental and Social Impact Assessment approval which
stipulates 371 obligations in regards to stewardship of the mine,
communities and the environment, for example the requirement to
provide ongoing reforestation of 11,175 hectares of forest in
Panama. To date, the mine has impacted around 3,000 hectares for
mining activities whilst it has completed reforestation of some
4,200 hectares throughout Panama, and provides support programs for
more than 200,000 hectares of protected areas, representing almost
20% of Panama’s total protected areas.
Following a Supreme Court decision in late 2017
and at the request of the Government of Panama, MPSA engaged in an
extensive process to renegotiate the terms of the Concession
Agreement, which took more than two years. The Company and Panama
agreed to a new Concession Agreement contract in March 2023 which,
following due public consultation and regulatory signoff, was
approved by contract law 406 by the National Assembly on October
20, 2023.
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 the
transition process for the closure of the Cobre Panama mine, the
potential for a planned and managed closure scenario at Cobre
Panama, the long-term physical and chemical stability of
infrastructure under current and extreme climatic conditions, the
Government of Panama’s plan for management of tailings storage and
water treatment facilities and the future of Cobre Panama’s
rehabilitation, reforestation and species conservation programs and
the protection of protected areas in Panama. With respect to
forward-looking statements and information contained herein, the
Company has made numerous assumptions regarding publication of the
Supreme Court of Panama’s ruling and the effect thereof, the
ability to seek and receive clarification of the Supreme Court of
Panama’s ruling, the ability and willingness of the Government of
Panama to develop and implement a management plan for the tailings
storage and water treatment facilities at Cobre Panama and the
funding for rehabilitation, reforestation, species conservation and
protection for protected areas. 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, the ability to receive clarification of the Supreme
Court of Panama’s ruling; the Company’s legal position with respect
to the rehabilitation, reforestation, species conservation and
protection for protected areas; the Government of Panama’s
management plan for the tailings storage and water treatment
facilities at Cobre Panama; the political and social situation in
Panamá; potential political, legal, 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.
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