By means of resolution number ARCERNNR-ARCERNNR-2024-0032-RES published in the Official Gazette number 612 of July 31, 2024 (hereinafter the “Resolution“), the Agency for the Regulation and Control of Energy and Non-Renewable Natural Resources (the “ARCERNNR“) amended the resolution by which the Mining Cadastre was closed in 2018[1] in order to allow the National Mining Company (the “ENAMI”) to obtain mining concessions.

According to the Resolution, this decision is based on ENAMI’s preferential and first option rights [2] 

Last year ENAMI issued two relevant resolutions. The first allows ENAMI to sign commercial agreements with third parties for the development of mining projects[3] and the second establishes the processes for the assignment and transfer of mining concessions from ENAMI to third parties[4]. The latter regulation allows that when commercial agreements have been signed, a direct process of assignment and transfer of ENAMI’s mining concessions in favor of its partner.

Therefore, the Resolution would allow the commercial agreements recently signed by ENAMI to be viable.

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This bulletin contains a summary of legal developments of interest, and therefore cannot be considered as provided advice. If you have any questions, please contact the AVL Abogados team.

[1] By means of Resolution No. 001-DE-ARCOM-2018 of January 24, 2018, the Mining Control and Regulation Agency resolved to approve the temporary closure of the National Mining Cadastre for the granting of mining concessions in the artisanal mining, small-scale mining, medium-sized mining and large-scale mining regimes.

[2] Art. 2, Resolution.

[3] Official Gazette number 435 of October 26, 2023

[4] Fourth Supplement to the Official Gazette number 359 of July 24, 2023