First Majestic Initiates International Arbitration Request under NAFTA against the Government of Mexico
March 02 2021 - 1:49PM
FIRST MAJESTIC SILVER CORP. (AG: NYSE; FR: TSX)
(the "Company" or “First Majestic”) announced today that it has
submitted a Request for Arbitration to the International Centre for
Settlement of Investment Disputes (“ICSID”), on its own behalf and
on behalf of Primero Empresa Minera S.A. de C.V. (“PEM”), its
subsidiary in Mexico, based on Chapter 11 of the North American
Free Trade Agreement (“NAFTA”).
Despite repeated attempts by the Company to
encourage the Government of Mexico to engage in good faith
negotiations to resolve the dispute, the Government has refused to
engage. The Company believes that the Government’s actions are
contrary to the terms of the Advance Pricing Agreement, which
established the methodology for determining PEM’s revenues and
taxes for the 2010 to 2014 fiscal years, and which, according to
the Company’s Mexican counsel remains valid in accordance with the
Mexican Federal Tax Code unless and until it is nullified by a
final instance Court. In addition, the Government of Mexico has
refused to participate in the Mutual Agreement Procedures under
three international double-taxation treaties signed by Mexico.
First Majestic has instructed its Washington
D.C. international arbitration counsel, Arent Fox LLP, to initiate
the process under the ICSID rules for constituting a neutral and
independent arbitration tribunal to adjudicate the dispute under
Chapter 11 of NAFTA with the Government of Mexico.
ABOUT THE COMPANY
First Majestic is a publicly traded mining
company focused on silver production in Mexico and is aggressively
pursuing the development of its existing mineral property assets.
The Company presently owns and operates the San Dimas Silver/Gold
Mine, the Santa Elena Silver/Gold Mine and the La Encantada Silver
Mine. Production from these mines are projected to be between 12.5
to 13.9 million silver ounces or 20.6 to 22.9 million silver
equivalent ounces in 2021.
FOR FURTHER INFORMATION contact
info@firstmajestic.com, visit our website at www.firstmajestic.com
or call our toll-free number 1.866.529.2807.
FIRST MAJESTIC SILVER CORP.
“signed”
Keith Neumeyer, President & CEO
Cautionary Note Regarding Forward Looking
Statements
This press release contains “forward‐looking
information” and "forward-looking statements” under applicable
Canadian and U.S. securities laws (collectively, “forward‐looking
statements”). These statements relate to future events or the
Company's future performance, business prospects or opportunities
that are based on forecasts of future results, estimates of amounts
not yet determinable and assumptions of management made in light of
management's experience and perception of historical trends,
current conditions and expected future developments.
Forward-looking statements include, but are not limited to,
statements with respect to: the timing and amount of estimated
future production; arbitration proceedings; and the validity of the
Advance Pricing Agreement. Assumptions may prove to be
incorrect and actual results may differ materially from those
anticipated. Consequently, guidance cannot be guaranteed. As such,
investors are cautioned not to place undue reliance upon guidance
and forward-looking statements as there can be no assurance that
the plans, assumptions or expectations upon which they are placed
will occur. All statements other than statements of historical fact
may be forward‐looking statements. Any statements that express or
involve discussions with respect to predictions, expectations,
beliefs, plans, projections, objectives or future events or
performance (often, but not always, using words or phrases such as
“seek”, “anticipate”, “plan”, “continue”, “estimate”, “expect”,
“may”, “will”, “project”, “predict”, “forecast”, “potential”,
“target”, “intend”, “could”, “might”, “should”, “believe” and
similar expressions) are not statements of historical fact and may
be “forward‐looking statements”.
Actual results may vary from forward-looking
statements. Forward-looking statements are subject to known and
unknown risks, uncertainties and other factors that may cause
actual results to materially differ from those expressed or implied
by such forward-looking statements, including but not limited to:
the duration and effects of the coronavirus and COVID-19, and any
other pandemics or public health crises on our operations and
workforce, and the effects on global economies and society, actual
results of exploration activities; conclusions of economic
evaluations; changes in project parameters as plans continue to be
refined; commodity prices; variations in ore reserves, grade or
recovery rates; actual performance of plant, equipment or processes
relative to specifications and expectations; accidents;
fluctuations in costs; labour relations; availability and
performance of contractors; relations with local communities;
changes in national or local governments; changes in applicable
legislation or application thereof; delays in obtaining approvals
or financing or in the completion of development or construction
activities; exchange rate fluctuations; requirements for additional
capital; government regulation; environmental risks; reclamation
expenses; outcomes of pending litigation including appeals of
judgments; responses to and resolutions of claims and arbitration
proceedings; negotiations and regulatory proceedings; the potential
refusal of the Government of Mexico to engage in good faith
arbitration; availability of arbitral panels and courts;
limitations on insurance coverage as well as those factors
discussed in the section entitled "Description of the Business -
Risk Factors" in the Company's most recent Annual Information Form,
available on www.sedar.com, and Form 40-F on file with the United
States Securities and Exchange Commission in Washington, D.C.
Although First Majestic has attempted to identify important
factors that could cause actual results to differ materially from
those contained in forward-looking statements, there may be other
factors that cause results not to be as anticipated, estimated or
intended.
The Company believes that the expectations
reflected in these forward‐looking statements are reasonable, but
no assurance can be given that these expectations will prove to be
correct and such forward‐looking statements included herein should
not be unduly relied upon. These statements speak only as of the
date hereof. The Company does not intend, and does not assume any
obligation, to update these forward-looking statements, except as
required by applicable laws.
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