Kyrgyz Court Rules Previous Licence Holder for Kutessay II Has No Legal Claims to Licence
16 September 2013 - 7:33PM
Business Wire
Stans Energy Corp., (“Stans Energy” or the “Company”),
(TSX-V:HRE) (OTCQX:HREEF), is pleased to report that the Bishkek
City Court has ruled against a Chinese company which claimed
ownership of the mining licence for Kutessay II. Baotou Hongbo
Technology Company LTD (Baotau), claimed that it was the legal
holder of the mining licence for Kutessay II, that this licence was
taken away illegally and without notification. The Bishkek City
Court found that Baotau has no valid claims against the licence for
Kutessay II, thereby overturning an earlier ruling by the
Inter-district Court of Bishkek.
Baotau HongboTechnology Company LTD brought suit against the
State Agency for Geology and Mineral Resources of the Kyrgyz
Republic with the intention to reclaim licence rights to Kutessay
II. The Inter-district Court of Bishkek ruled in favour of Baotou
Technology Company LTD, overlooking significant evidence and
ignoring several substantive procedural issues. An immediate appeal
was filed to the Bishkek City Court by Kutisay Mining LLC and the
State Agency for Geology and Mineral Resources of Kyrgyz
Republic.
The Bishkek City Court overruled the lower court ruling for
several reasons
- Baotau had no legal basis to petition
the courts as it did not acquire the original licence holder,
Central Asia Metals Group, until 2013.
- A letter from Baotau to the Kyrgyz
government indicated it knew that Central Asia Metals Group licence
had been revoked and thus this was the basis for the termination of
proceeding under the statute of limitations
- The court found that Central Asia
Metals Group failed to comply with its licence agreements from 2008
and it knew by 2010 its licence had been revoked
- Finally, the City Court concluded that
the original trial gravely violated substantive and procedural law
that led to an unlawful and unjustified decision, which the City
Court has nullified.
This decision is final and binding however Baotau Hongbo
Technology Company LTD can file an appeal to the Supreme Court
within the period of one year. This appeal may only be filed for
procedural issues pertaining to this most recent trial at the
Bishkek City Court.
The State Prosecutors Office of the Kyrgyz Republic’s court
action to invalidate the license issuance for the development of
Kutessay II for Kutisay Mining LLC is still before the courts.
Stans Energy hopes to be able to provide an update within this
quarter on the status of the case.
About Stans Energy
Stans Energy Corp. is a resource development company focused
on advancing Heavy Rare Earth (HRE) properties in areas of Central
Asia and Russia. In December 2009, Stans acquired a 20-year mining
license for the past-producing Kutessay II rare earth mine from the
Kyrgyz Republic. On May 26, 2011 Stans completed the purchase of
the Kashka Rare Earth Processing Plant (KRP) the same plant that
previously refined REEs from Kutessay II ores. The KRP was the only
hard rock plant to produce all rare earth elements outside of
China, producing 120 different metals, alloys, and oxides. For over
30 years, Kutessay II produced 80% of the rare earth metals for the
Former Soviet Union.
We seek safe harbour.
Contact Details
Rodney IrwinStans Energy CorpInterim
President & CEOrodney@stansenergy.com647-426-1865
David VinokurovStan Energy CorpVP
Corporate Developmentdavid@stansenergy.com647-426-1865
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Stans Energy Corp.Rodney Irwin, 647-426-1865Interim President
& CEOrodney@stansenergy.comorDavid Vinokurov, 647-426-1865VP
Corporate Developmentdavid@stansenergy.com
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