VANCOUVER, Feb. 7, 2014 /PRNewswire/ - Bear Creek Mining
(TSX Venture: BCM) ("Bear Creek" or the "Company") announces that
it delivered to the Peruvian Minister of Economy and Finance, on
February 6, 2014, a Notice
of Intent to Submit a Claim to Arbitration ("Notice of Intent"),
under the Free Trade Agreement between Canada and Peru ("Canada-Peru FTA"). The dispute
arises out of the enactment by the Peruvian government on
June 25, 2011, of Supreme Decree 032
rescinding the Company's rights to operate the Santa Ana Project
and which resulted in a complete stoppage of activities at Santa
Ana and significant damages to the Company. Peru's actions constitute violations of the
Canada-Peru FTA, Peruvian and international law.
The Notice of Intent is necessary in order to preserve the
Company's rights to initiate arbitration should a resolution with
the Peruvian government not be reached. The filing of the
Notice of Intent also initiates a six-month consultation period
between the parties during which time they are to continue to
attempt to amicably settle the dispute. If no amicable
settlement is reached in that six-month period, the Company may
then initiate international arbitration proceedings against
Peru in accordance with the
Canada-Peru FTA.
Based upon outside counsel's opinion of the strength of the
Company's legal position, and ongoing discussions with the Peruvian
government and local communities, the Company remains optimistic
that a settlement of the dispute in relation to the Santa Ana
Project will be reached to avoid international arbitration.
The Ministry of Energy and Mines recently issued a public statement
that Peru wants to reach an
amicable solution through dialogue with the Company.
The Company's desire is for both parties to reach a mutually
acceptable favorable solution, as evidenced by the numerous
proposals submitted by Bear Creek to the Peruvian government to
date, with a view to allowing the Company to resume its development
of the Santa Ana Project for the benefit of our shareholders, the
local communities and the Peruvian nation as a whole. If such
a solution is not achieved within the next six months, the Company
expects it will have no alternative but to pursue its claims before
an international tribunal and seek full compensation for damages
the Company has suffered as a result of Peru's acts.
The Santa Ana Project is located in the Puno Region of
Peru and contains Proven and
Probable Mineral Reserves totaling 63.2 million ounces of silver.
Bear Creek acquired the mining concessions in full compliance with
Peruvian law, as is confirmed by Supreme Decree 083, enacted by the
President of Peru and the Council
of Ministers on November 29,
2007. Bear Creek initiated exploration work in early
2008, and undertook a comprehensive Environmental and Social Impact
Assessment ("ESIA") shortly thereafter. The ESIA, which the
Peruvian government suspended on June 1,
2011, remains on standby. The Company has stated its
willingness to complete the ESIA process, including demonstration
of social license, and carry out the other steps required to reach
commercial production as quickly as possible. The Santa Ana
Project, which is widely supported by the local communities
surrounding the proposed mine site, will create 2,500 direct and
indirect jobs in the southern Puno Region, and bring important
infrastructure improvements to the area. The Santa Ana
Project is also expected to provide US$330
million in federal taxes, much of which benefit local
communities.
Corani Update
The Company's Corani silver-lead-zinc project (the "Corani
Project") enjoys continued strong community support, and remains on
track for advancement following the approval of its ESIA in
September 2013. Numerous public
statements by the President of Peru and Cabinet Ministers have expressed
strong support for the advancement of the Corani Project and the
government has worked in concert with the Company in order to fund
local infrastructure projects. However, the successful
resolution of the Santa Ana dispute is a critical component to the
Company's ability to raise financing for, and ultimately the
potential success of, the Corani Project.
Recent media in Peru have
reported false accusations by an individual distant from our
communities wherein Bear Creek Mining officials supposedly paid
locally elected officials based on an alleged document showing an
agreement between the company and politicians in the Corani
District. The alleged document is falsified from our duly
registered, official agreement as disclosed in April, 2013 (see
news release dated April 14,
2013). Police in Peru
are investigating these claims and Bear Creek has both encouraged
and is cooperating fully in this process. We continue to work
with our partner communities under the legal agreement executed in
April 2013 and for which the Company
is extremely proud of its transparent foundation structure that
delivers long-term benefits to our communities. This is the only
agreement to make social payments to our local communities or its
members that exists and, in the interest of transparency; we have
posted the agreement in both Spanish and English to the Bear Creek
website.
http://www.bearcreekmining.com/s/corani_project.asp?ReportID=622470
Neither the TSX Venture Exchange nor its
Regulation Services Provider (as that term is defined in the
policies of the TSX Venture Exchange) accepts responsibility for
the adequacy or accuracy of this release.
Cautionary Note regarding Forward-Looking
Statements:
This document contains "forward-looking information" within the
meaning of Canadian securities legislation and "forward-looking
statements" within the meaning of the United States Private
Securities Litigation Reform Act of 1995. This information
and these statements, referred to herein as "forward-looking
statements" are made as of the date of this news release or as of
the date of the effective date of information described in this
news release, as applicable. Forward-looking statements
relate to future events or future performance and reflect current
estimates, predictions, expectations or beliefs regarding future
events and include, without limitation, statements with respect to
(i) the Company's plans to continue discussions with the Peruvian
government and local communities for a settlement of the dispute in
relation to the Santa Ana Project, (ii) the Company's plans to
pursue any claims with regard to its projects in Peru, including, without limitation, any
claims before an international tribunal, (iii) the Company's
intentions to complete any environmental and social impact
assessment, and (iv) the planned development of the Corani and
Santa Ana projects, including the timing thereof. Any
statements that express or involve discussions with respect to
predictions, expectations, beliefs, plans, projections, objectives,
assumptions or future events or performance (often, but not always,
using words or phrases such as "expects", "anticipates", "plans",
"projects", "estimates", "envisages", "assumes", "intends",
"strategy", "goals", "objectives" or variations thereof or stating
that certain actions, events or results "may", "could", "would",
"might" or "will" be taken, occur or be achieved, or the negative
of any of these terms and similar expressions) are not statements
of historical fact and may be forward-looking statements.
By their very nature, forward-looking statements involve
inherent risks and uncertainties, both general and specific, and
risks exist that estimates, forecasts, projections and other
forward-looking statements will not be achieved or that assumptions
do not reflect future experience. We caution readers not to place
undue reliance on these forward-looking statements as a number of
important factors could cause the actual outcomes to differ
materially from the beliefs, plans, objectives, expectations,
anticipations, estimates assumptions and intentions expressed in
such forward-looking statements. These risk factors may be
generally stated as the risk that the assumptions and estimates
expressed above do not occur, but specifically include, without
limitation, risks relating to variations in the mineral content
within the material identified as mineral reserves and mineral
resources from that predicted; variations in rates of recovery and
extraction; developments in world metals and minerals markets;
risks relating to fluctuations in the Canadian dollar relative to
other currencies; increases in the estimated capital and operating
costs or unanticipated costs; difficulties attracting the necessary
work force; increases in financing costs or adverse changes to
global market conditions and the terms of available financing, if
any; tax rates or royalties being greater than assumed; changes in
development or mining plans due to changes in logistical, technical
or other factors, changes in project parameters as plans continue
to be refined; risks relating timing and to receipt of regulatory
approvals; adverse changes to government approval processes; the
effects of competition in the markets in which the Company
operates; operational and infrastructure risks; and the additional
risks described in the Company's Annual Information Form, annual
financial statements and management's discussion and analysis for
the year ended December 31, 2012 and
in the feasibility study entitled "Corani Project, Form 43-101F1
Technical Report, Feasibility Study" filed by the Company on
December 22, 2011 filed on the SEDAR
website in Canada (available at
www.sedar.com). The foregoing list of factors that may affect
future results is not exhaustive.
When relying on our forward-looking statements, investors and
others should carefully consider the foregoing factors and other
uncertainties and potential events. The Company does not
undertake to update any forward-looking statement, whether written
or oral, that may be made from time to time by the Company or on
behalf of the Company, except as required by law.
All scientific and technical information
contained in this news release has been reviewed and approved by
Andrew Swarthout, P.Geo., the
President and Chief Executive Officer of the Company, who serves as
the "qualified person" within the meaning of National Instrument
43-101 ("NI 43-101"). The block model estimate, mine design and
schedules for the Santa Ana Feasibility Study were prepared by
Independent Mining Consultants of Tucson
Arizona, with John Marek, P.E. acting as the independent
qualified person under NI 43-101. Additionally, the methods
used in determining and reporting the mineral reserves and
resources in the Feasibility Study are consistent with the CIM Best
Practices Guidelines.
Following is a table setting forth mineral
reserve estimates from the Santa Ana Feasibility Study announced on
October 7, 2010:
Bear Creek Mining, Santa Ana Project Silver Zone
Mineral Reserves
October 7, 2010
Mineral Reserves, Cutoff Grade, Variable 27 to 24 g/t Silver by
Year |
Category |
Ktonnes |
Silver
g/t |
Lead
% |
Zinc
% |
Contained
Silver
Million
Ozs |
Proven |
8,951 |
57.6 |
0.37 |
0.66 |
16.6 |
Prob |
28,126 |
51.5 |
0.33 |
0.55 |
46.6 |
Prov+Prob |
37,077 |
53.0 |
0.34 |
0.58 |
63.2 |
Please refer to the Company's news release dated
October 7, 2010 for further details
of the Santa Ana Feasibility Study, as well as the feasibility
study itself filed on SEDAR (www.sedar.com) on October 21, 2010.
SOURCE Bear Creek Mining Corporation