RE:RE:9 concessions published as freely claimable by IngemmetjuanPeru wrote: After the last news about the 9 claims, I have been diving into the Public Registries to check if Ingemmet has indeed been able to register the Expiration Resolution (1) for the 15 concessions (without Medida Cautelar) in the Public Registries, considering that, because of the State of Emergency, things are taking longer than usual in any public entity.
I can confirm that, despite having started the process in 2019, until now Ingemmet has not been able to register the expiration of the 15 concessions in the Public Registries. The question arise then, why is it taking so long for them to register the Expiration Resolution? Well, it seems that Macusani's attorneys have been able to extend the expiration process for an abnormally long period of time. Let's take a brief look to the expiration process of these 15 concessions since the Mining Council conffirmed Ingemmet's Expiration Resolution:
July, 2019. The Mining Council conffirmed Ingemmet's Resolution (2) declaring the expiration of 32 of Macusani Yellowcake's concessions. After this decision, Macusani's attorneys made several requests to the Mining Council presenting additional arguments to ask for a self reverse of the Council's decision.
October, 2019. After the Mining Council rejected (without further discussion) Macusani's requests to self reverse their decision, Macusani's attorneys hurried to present the demand before the Judiciary, which was admitted on October 15th, 2019 (3).
10/22/2019. The Mining Council returned the files of the 32 concessions to Ingemmet (4) for the expiration process to continue.
11/05/2019. After receiving the file, Ingemmet declared the expiration of the 32 concessions as executed (ejecutoriada) (5).
11/10/2019. Macusani's attorneys request the "annotation" of the judicial demand in the registries corresponding to the 15 mining concessions. What is such annotation? Is a way to make sure that, in the event that somebody else takes the concession (or part of it), that will be reverted when Macusani wins the trial, that is, Macusani will own the concession again. Looking at the Public Registries, any interested party that started the applicacation process would be aware that the concession is not "fully" available.
December, 2019. When annotating the judicial demand, a Public Registrator observed the request, because a Medida Cautelar has not been issued for the 15 claims, which is a required condition for the demand to be annotated.
12/31/2019. Ingemmet formally requested the registration of the 15 concessions' expiration in the Public Registries.
01/16/2020. A Public Registrator admitted Ingemmet's request but suspended it (6) until the registration of the judicial demand (requested by Macusani) was definitely accepted or denied.
01/29/2020. Macusani's attorneys appealed (7) the observation made by the Public Registrator to their request (annotation of demand) and, consequently, the file was raised to the Registry Court (Tribunal Registral), which is the last and definitive instance.
07/17/2020. As expected, the Registry Court decided to dismiss Macusani's appeal (8) and definitely rejected the annotation of the demand (9), as the Medida Cautelar had not been issued for the 15 concessions. The process took a longer than usual time because of the pandemic.
As you can see, instead of being able to register the expiration shortly after the Resolution was declared executed (November 2019), Ingemmet has not been able to register it until today! But, given that the Public Registries have already dismissed Macusani's appeal, I expect that the suspension will be lifted shortly and so the registration should be finished this month or the next one (November) for the 15 concessions without Medida Cautelar.
Now, why has Ingemmet published 9 concessions as freely claimable if their expiration has bnot been adequately registered? Well, I have checked the other concessions (not owned by Macusani) that were declared freely claimable at the same time, and have found the same: their expiration have not been registered. It seems that, despite being illegal, Ingemmet has been doing this since long time ago, as a way to "speed up" things. Why haven't there been any problem until now? Because when somebody stops paying the validity rights and let his concessions expire is because he's not interested in them anymore. Without appeals, the registration of the expiration takes no more than one month, so if there is somebody else interested in the concession, the expiration is certainly already registered when the application process ends.
(...)
I have to make a correction to the above quoted post. I said (highlighted in yellow) that the Registry Court had definitely rejected the appeal made by Macusani, but the truth is that said rejection was not definitely because there is a second instance in the Registry Court.
In fact, I can conffirm that Macusani has appealed (1) the Registry Court's decision, so the same Court has to review this second appeal and issue a new decision, which I expect will conffirm the previous decision rejecting the "annotation of the demand" because of the lack of a Medida Cautelar for the 15 concessions.
How much will this second appeal take? The first appeal took 6 months, but that was because of the lockdown, so in this case I expect it to take only 3 months.
This second appeal is the reason why until now Ingemmet has not been able to register (in the Public Registries) the expiration of the 15 concessions without Medida Cautelar, which in turn must be the reason why they have not been able to proceed with the auctions for the concessions that were published as freely claimable on September 30th.
This is even clearer if you look at Article 30th of the "Organic Law for the sustainable use of natural resources" (2):
Article 30th.- The application of the causes of expiration will be subject to the procedures established by the special laws, without prejudice to the corresponding administrative, civil or criminal responsibility. The expiration determines the reversion to the State of the concession, from the moment of the registration of the cancellation of the corresponding title. (underline added)
In other words, the concessions are not owned by the State until the expiration has been adequatelly registered in the Public Registries. Thus, how could Ingemmet put for sale concessions that are still owned by Macusani Yelllowcake? That would be too much of an illegal behaviour even for Ingemmet.
(1)
https://cdn-ceo-ca.s3.amazonaws.com/1fu4iru-suspension_extincion.pdf (2)
https://cdn-ceo-ca.s3.amazonaws.com/1fu4jf7-Ley_Aprovechamiento_Recursos_Naturales.pdf