Almaden Minerals Ltd. (“Almaden” or
“the
Company”; TSX: AMM; NYSE American: AAU) is pleased to
report on two recent court decisions, both relating to the
submission (the “Submission”) issued by Mexico’s Ministry of the
Economy (“Economia”) to the second district court in Puebla State
(the “District Court”) in February 2023.
As reported on February 22, April 13, and
September 14, 2023, Economia made the Submission to the District
Court seeking to deny the two mineral title applications which were
first made by Almaden in 2002 and 2008. The Submission claims that
the applications contain technical faults, despite Economia’s
previous statements to the contrary and its acceptance of the
mineral title applications and grant of the mineral titles in 2003
and 2009. By alleging technical faults in the mineral title
applications, Economia appears to be arbitrarily seeking to deny
the grant of the mineral titles and avoid the indigenous
consultation ordered by the February 2022 decision of Mexico’s
Supreme Court (“SCJN”). Such consultation would be welcomed by both
the Company and surrounding community members.
The two court decisions reported today are
summarized below:
- The Federal
Appeals court (“TCC”) dismisses all of the appeals filed by the
Parties, including those of the Company and supporting community
members, and rules the Submission is compliant with the 2022
decision of the SCJN, since the SCJN decision did not formally
prevent Economia from reviewing the technical aspects of the
mineral title applications;
- The TCC ruling
also does not address the validity of the Submission and therefore
safeguards the Company’s right to challenge the substance and
legality of the Submission through the Mexican Federal
Administrative Court (“TFJA”);
- As follow-up to
the press release of September 14, 2023, the TFJA has now granted a
definitive injunction in relation to the Submission, which prevents
Economia from releasing the mineral rights covered by Almaden’s
mineral title applications to third parties while the trial
continues, anticipated to last 18 months.
By way of background, the two mineral titles
previously owned by Almaden which covered the Ixtaca project were
the subject of a lawsuit against the Mexican government (President,
Congress, Ministry of Economy, Directorate of Mines, Mining
Registry Office) asserting that the Mexican mining law is
unconstitutional. In April 2019, the District Court issued a
decision that Mexico’s mining law is unconstitutional because it
fails to include provisions requiring consultation of indigenous
communities before granting mineral titles. This decision was
appealed by Mexican authorities and the Company, as an affected
third party, with the appeals being heard by the SCJN.
In early 2022, the SCJN ruled that the Mexican
mineral title law is constitutional, but that Economia should have
provided for a consultation procedure with relevant indigenous
communities prior to issuing the mineral titles. The SCJN ordered
Economia to declare Almaden’s mineral titles ineffective and to
then conduct indigenous consultation prior to re-issuing them.
The SCJN decision provided guidance to Mexican
authorities regarding the procedures required to be followed by
those authorities in the follow-up to its decision and performance
of indigenous consultation. The decision also clarified that unless
there is a significant impact on the rights of an indigenous
community caused by the granting of the mineral title, such as
relocation or something similar, title issuance is not dependent
upon the consent of any indigenous community. The District Court
was responsible for ensuring that the SCJN decision was properly
implemented.
As noted above, on February 22, 2023, Economia
made the Submission to the District Court seeking to deny the two
mineral title applications, and on April 13, 2023, Almaden reported
that the District Court ruled that the Submission formally complied
with the SCJN decision. However, the District Court ruling appeared
to rely heavily on Economia’s Submission regarding the Company’s
2002 and 2008 title applications, and in its decision the District
Court did not provide arguments to address the Company’s challenge
of the Submission. Almaden and local community members filed
separate appeals of this decision to the TCC. In parallel, Almaden
initiated a case in the TFJA to contest the substance and legality
of the Submission (see press release of September 14, 2023).
In the court decisions announced today, the TCC
has denied all Parties’ appeals of the District Court decision and
ruled that the Submission formally complies with the SCJN decision,
since in the exercise of its jurisdictional freedom Economia could
determine the inadmissibility of the mineral title applications as
the SCJN decision did not limit Economia’s jurisdiction when
reviewing technical aspects of the mineral title applications.
Also, the TCC confirmed that the subject matter
of the appeal was limited to verifying Economia’s compliance with
the SCJN decision, rather than analysing the substance or legality
of the Submission itself. Almaden has been advised that as a
consequence, the TCC safeguarded the Company’s rights to pursue a
separate legal process to examine the substance and legality of the
Submission. This TCC ruling is final.
In addition, the TFJA has now granted a
definitive injunction to Almaden’s Mexican subsidiary, Minera
Gorrion (“MG”), which prevents Economia from releasing the mineral
rights covered by the Company’s mineral title applications while
the administrative trial regarding the substance and legality of
the Submission continues. Economia has five days from the time of
its notification of this decision to appeal this ruling. Almaden
has been advised that so long as the TFJA trial continues, its
mineral title applications from 2002 and 2008 remain in place thus
preserving the Company’s preferential rights to the mineral title.
The TFJA process is expected to take approximately 18 months.
Duane Poliquin, Chair of Almaden, stated, “While
we await a decision regarding the substance and legality of the
Submission, the injunction will prevent the Government of Mexico
from declaring “freedom of land” in the area covered by Almaden’s
mineral title applications. However, we are acutely aware of the
damage already caused to our stakeholders over the past several
years by this ongoing arbitrary treatment and we are considering
additional legal remedy to address the loss of rights in
Mexico.”
About Almaden
Almaden Minerals Ltd. discovered the Ixtaca
deposit in Puebla State, Mexico, in 2010. Almaden’s interest in the
Ixtaca project is subject to a 2.0% NSR royalty held by Almadex
Minerals Ltd. The Ixtaca deposit hosts a proven and probable
reserve containing 1.38 million ounces of gold and 85.1 million
ounces of silver (73.1 million tonnes grading 0.59 g/t Au and 36.3
g/t Ag). A report titled “Ixtaca Gold-Silver Project, Puebla State,
Mexico NI 43-101 Technical Report on the Feasibility Study”, which
was prepared in accordance with NI 43-101, is available under the
Company’s profile on SEDAR and on the Company’s website.
On Behalf of the Board of Directors,
“J. Duane
Poliquin” J. Duane
PoliquinChairAlmaden Minerals Ltd.
Safe Harbor Statement
Certain of the statements and information in
this news release constitute “forward-looking statements” within
the meaning of the United States Private Securities Litigation
Reform Act of 1995 and “forward-looking information” within the
meaning of applicable Canadian provincial securities laws. All
statements, other than statements of historical fact, are
forward-looking statements or information. Forward-looking
statements or information in this news release relate to, among
other things, the timing and nature of any future rulings of the
TFSA.
These forward-looking statements and information
reflect the Company’s current views with respect to future events
and are necessarily based upon a number of assumptions that, while
considered reasonable by the Company, are inherently subject to
significant legal, regulatory, business, operational and economic
uncertainties and contingencies, and such uncertainty generally
increases with longer-term forecasts and outlook. These assumptions
include: stability and predictability in Mexico’s consultation
process with indigenous communities and judicial decisions thereon;
stability and predictability in Mexico’s mineral tenure, mining,
environmental and agrarian laws and regulations, as well as their
application and judicial decisions thereon; continued respect for
the rule of law in Mexico; prices for gold, silver and base metals
remaining as estimated; currency exchange rates remaining as
estimated; availability of funds; capital, decommissioning and
reclamation estimates; mineral reserve and resource estimates;
prices for energy inputs, labour, materials, supplies and services
(including transportation); no labour-related disruptions; all
necessary permits, licenses and regulatory approvals being received
in a timely manner; the ability to secure and maintain title and
ownership to properties and the surface rights necessary for
operations; community support in the Ixtaca Project; and the
ability to comply with environmental, health and safety laws. The
foregoing list of assumptions is not exhaustive.
The Company cautions the reader that
forward-looking statements and information involve known and
unknown risks, uncertainties and other factors that may cause
actual results and developments to differ materially from those
expressed or implied by such forward-looking statements or
information contained in this news release. Such risks and other
factors include, among others, risks related to: Mexico’s
consultation process with indigenous communities and potential
litigation in respect thereof; political risk in Mexico; crime and
violence in Mexico; corruption; environmental risks, including
environmental matters under Mexican laws and regulations; impact of
environmental impact assessment requirements on the Company’s
planned exploration and development activities on the Ixtaca
Project; certainty of mineral title and the outcome of litigation;
community relations; governmental regulations and the ability to
obtain necessary licences and permits; risks related to mineral
properties being subject to prior unregistered agreements,
transfers or claims and other defects in title; changes in mining,
environmental or agrarian laws and regulations and changes in the
application of standards pursuant to existing laws and regulations
which may increase costs of doing business and restrict operations;
as well as those factors discussed the section entitled "Risk
Factors" in Almaden's Annual Information Form and Almaden's latest
Form 20-F on file with the United States Securities and Exchange
Commission in Washington, D.C. Although the Company has attempted
to identify important factors that could affect the Company and may
cause actual actions, events or results to differ materially from
those described in forward-looking statements or information, there
may be other factors that cause actions, events or results not to
be as anticipated, estimated or intended. There can be no assurance
that our forward-looking statements or information will prove to be
accurate. Accordingly, readers should not place undue reliance on
forward-looking statements or information. Except as required by
law, the Company does not assume any obligation to release publicly
any revisions to on forward-looking statements or information
contained in this news release to reflect events or circumstances
after the date hereof or to reflect the occurrence of unanticipated
events.
Contact Information:
Almaden Minerals Ltd.Tel. 604.689.7644Email:
info@almadenminerals.comhttp://www.almadenminerals.com/
Almaden Minerals (AMEX:AAU)
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