VANCOUVER, May 13, 2014 /PRNewswire/ - Bear Creek Mining
(TSX Venture: BCM) ("Bear Creek" or the "Company") is pleased to
announce that the Lima First
Constitutional Court rendered its ruling regarding the action
brought by the Company against the Peruvian government on
July 13, 2011, challenging the
constitutionality of the Supreme Decree N° 032-2011-EM, which
rescinded the Company's rights to operate on its Santa Ana mineral
concessions. The decision states unequivocally and unconditionally
that:
- Bear Creek's constitutional rights were violated;
- The Company's rights are unconditionally returned as stipulated
under Supreme Decree N° 083-2007-EM, which originally granted the
right to Bear Creek, as a foreign company, to operate the Santa Ana
concessions, located within the 50 kilometer border zone of
Peru;
- Bear Creek is recognized as title holder of the Santa Ana's
mining concessions and therefore, is enabled to perform all the
rights arising from said titles; and
- The Court reaffirms that the Santa Ana project is in National
interest.
The Company is very pleased that the decision acknowledges its
rights and firmly believes that the court's ruling is consistent
with the facts of the case and the law. This represents a milestone
in reinstating the Company's rights towards operating the Santa Ana
Project and further strengthens the Company's standing in other
legal matters and negotiations that the Company has been pursuing
in an effort to amicably resolve the dispute. In the event
the government appeals the decision, the parties have until
August 7, 2014 to reach a
negotiated resolution of the dispute when the required six-month
period for negotiation of an amicable resolution under the
Peru-Canada Free Trade Agreement ("FTA") ends, following which the
Company intends to initiate formal arbitration proceedings under
the FTA (see news release dated February 7,
2014). The Company continues to negotiate with the
Peruvian government in order to reach a mutually acceptable
resolution to the Santa Ana dispute to the benefit of all
stakeholders. Management continues to be optimistic that a
resolution is achievable which benefits our local communities, our
shareholders, and the local and central Peruvian government.
While the court's decision is considered final and is posted on
the Peruvian Judiciary website (www.pj.gob.pe), formal notification
of the parties can take up to two weeks under the Peruvian service
of process procedures. The ruling is subject to appeal upon
formal notification.
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.
The 2010 Feasibility Study identifies life of mine at 11 years
which could easily be expandable to 18 years, producing 75 million
ounces of silver. This conventional heap leach project has low
capital costs of US$70 million with a
cash cost per ounce of US$8.72 with a
payback period of 15 months at US$21
per ounce silver.
Bear Creek acquired the mining concessions in full compliance
with Peruvian law, as is confirmed by Supreme Decree 083-2007-EM,
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.
CONFERENCE CALL DETAILS
The Company has scheduled a conference call for 6 am PST on Wednesday, May
14. Andy Swarthout, CEO
and President will be available to answer questions during the
call.
To participate in the call, please dial 416-764-8688 or
788-383-7414 (local and international) or toll free
1-888-390-0546.
An archived recording of the conference call will be available
at 416-764-8677 with the replay PIN#: 85301 from May 14 to May 20. An archived recording of the
conference call will also be available at Bear Creek Mining's
website.
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.
For further information, please visit the Company's
website (www.bearcreekmining.com)
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