First Majestic to Appeal Circuit Court Decision to Nullify APA
12 November 2020 - 10:50PM
First Majestic Silver Corp. ("First Majestic" or the "Company")
announced today that its Mexican subsidiary Primero Empresa Minera,
S.A. de C.V. (“PEM”) has now been provided with written reasons for
the decision made on September 23, 2020 by the Mexican Federal
Court on Administrative Matters (“Federal Court”), nullifying the
Advance Pricing Agreement (“APA”) concluded in 2012 between PEM and
the Mexican tax authority, Servicio de Administracion Tributaria
(“SAT”).
The Federal Court’s decision directs SAT to
re-examine the evidence and basis for the issuance of the APA with
retroactive effect, for the following key reasons (i) SAT’s errors
in analyzing PEM’s request for the APA and the evidence provided in
support of the request; and (ii) SAT’s failure to request from PEM
certain additional information before issuing the APA. The
Company’s legal advisors having now reviewed the written reasons
continue to be of the view that the Federal Court’s decision is
flawed both due to procedural irregularities and failure to address
the relevant evidence and legal authorities. The Company intends to
appeal the decision to the Circuit Courts by the December 1, 2020
deadline.
The Company continues to seek an amicable
resolution of its dispute with the Government of Mexico including
by diplomatic channels of resolution. In addition, as previously
disclosed, on May 13, 2020 the Company served a Notice of Intent to
Submit a Claim on the Government of Mexico under the provisions of
the North American Free Trade Agreement (“NAFTA”). The Company
therefore continues to maintain the option of seeking a resolution
of its dispute with the Government of Mexico through international
arbitration.
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 11.0
to 11.7 million silver ounces or 21.4 to 22.9 million silver
equivalent ounces in 2020.
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: appeals of judgments; resolution of
claims; arbitration proceedings; commercial mining operations; the
timing and amount of estimated future production. 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 on our operations and workforce, and the effects on
global economies, governments, courts 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; labour relations;
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; availability
of courts and arbitral panels; outcomes of pending litigation;
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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