Centerra Gold Brings Additional Claims in Arbitration Against the Kyrgyz Republic and Names Kyrgyzaltyn JSC as a Co-Responden...
July 07 2021 - 5:15PM
Centerra Gold Inc. (“Centerra” or the “Company”) (TSX: CG) (NYSE:
CGAU) announced today that it has brought additional claims against
the government of the Kyrgyz Republic in binding arbitration and
asserted claims against the state-owned entity Kyrgyzaltyn JSC in
response to the wrongful expropriation of the Kumtor Mine.
Among other relief, the Company’s amended Notice of Arbitration
seeks to hold the Kyrgyz government and Kyrgyzaltyn JSC responsible
for any and all losses and damages that result from their
coordinated campaign to seize the gold mine in violation of
longstanding investment agreements and without compensation to
Centerra.
The amended notice adds claims against Kyrgyzaltyn JSC, the gold
refining monopoly in the Kyrgyz Republic and Centerra’s largest
shareholder. It asserts that Kyrgyzaltyn JSC conspired with the
Kyrgyz government to take control of the mine under the guise of
temporary “external management” and continues to act at the behest
of the government with regard to the operation of Kumtor and its
shareholding in Centerra.
Scott Perry, President & Chief Executive Officer of
Centerra, said: “Rather than honor its commitment to arbitrate any
disputes in a transparent manner in a neutral forum, the government
and those acting in concert with it have proceeded to expropriate
the Kumtor Mine, placing Centerra’s investment and the livelihoods
of thousands of Kyrgyz workers at risk. Centerra would much prefer
to resolve this dispute in a constructive dialogue with the Kyrgyz
authorities, but their repeated refusal to engage leaves us no
choice but to seek effective remedies through arbitration and other
legal means.”
As disclosed on May 16, 2021, Centerra initiated binding
arbitration against the Kyrgyz government in response to actions
taken against the Company’s wholly owned subsidiary Kumtor Gold
Company (“KGC”), including meritless fines and tax claims as well
as legislation providing for its operations to be placed under
“external management.” The amended notice asserts additional claims
arising from the seizure of the mine and seeks to enjoin the
respondents from any further actions to nationalize the mine or
transfer KGC’s assets.
Under applicable investment agreements, Centerra’s claims will
be adjudicated by a single arbitrator in arbitration proceedings to
be held in Stockholm, Sweden and conducted under the rules of the
United Nations Commission on International Trade Law (“UNCITRAL”).
Under the agreements, the governing law is the law of the State of
New York. Centerra has requested that the Permanent Court of
Arbitration in the Hague designate an appointing authority to
select an arbitrator promptly.
About CenterraCenterra Gold
Inc. is a Canadian-based gold mining company focused on operating,
developing, exploring and acquiring gold properties in North
America, Asia and other markets worldwide and is one of the largest
Western-based gold producers in Central Asia. Centerra owns three
mines, the Kumtor Mine in the Kyrgyz Republic, the Mount Milligan
Mine in British Columbia, Canada and the Öksüt Mine in Turkey.
Centerra's shares trade on the Toronto Stock Exchange (TSX) under
the symbol CG and on the New York Stock Exchange (NYSE) under the
symbol CGAU. The Company is based in Toronto, Ontario, Canada.
Caution Regarding Forward-Looking
Information
Information contained in this document which are
not statements of historical facts may be “forward-looking
information” for the purposes of Canadian securities laws and
within the meaning of the United States Private Securities
Litigation Reform Act of 1995. Such forward-looking information
involves risks, uncertainties and other factors that could cause
actual results, performance, prospects and opportunities to differ
materially from those expressed or implied by such forward looking
information. The words “believe”, “expect”, “anticipate”,
“contemplate”, “plan”, “intends”, “continue”, “budget”, “estimate”,
“may”, “will”, “schedule”, “understand” and similar expressions
identify forward-looking information. These forward-looking
statements relate to, among other things: the claims brought and
relief sought by the Company against the Kyrgyz Republic and
Kyrgyzaltyn JSC in binding arbitration, and the potential success
thereof; the ability of Centerra to appoint an arbitrator promptly;
the court proceedings brought by the Company against Mr. Bolturuk
to obtain injunctive relief; future discussions with the Government
of the Kyrgyz Republic relating to disputes that have arisen under
the investment agreement; and the Company’s ability to obtain
effective remedies through arbitration and other legal means.
Forward-looking information is necessarily based
upon a number of estimates and assumptions that, while considered
reasonable by Centerra, are inherently subject to significant
political, business, technical, economic and competitive
uncertainties and contingencies. Known and unknown factors could
cause actual results to differ materially from those projected in
the forward-looking information. Factors and assumptions that could
cause actual results or events to differ materially from current
expectations include, among other things: the continued imposition
by the Kyrgyz Government of “external management” on KGC or the
prolongation of such “external management” the ongoing failure
of the Kyrgyz Republic Government to comply with its continuing
obligations under the investment agreements governing the Kumtor
Mine to allow for the continued operation of the Kumtor mine by KGC
and Kumtor Operating Company (“KOC”) and not take any expropriation
action against the Kumtor mine; actions by the Kyrgyz Republic
Government or any state agency or the General Prosecutor’s Office
that serve to restrict or otherwise interfere with the payment of
funds by KGC and KOC to Centerra; the Kyrgyz Government taking
further steps to nationalize or expropriate the Kumtor mine, and/or
utilizing the purported environmental and tax claims being asserted
against KGC to strip KGC of its assets; the impact of changes in,
or to the more aggressive enforcement of, laws, regulations and
government practices, including unjustified civil or criminal
action against the Company, its affiliates or its current or former
employees, including the interaction of claims of harm to the
environment or human health with the new Kyrgyz Republic law that
enabled the imposition of external management on the Kumtor Mine by
the Kyrgyz Republic Government; potential impact on the Kumtor mine
of investigations by Kyrgyz Republic instrumentalities; the
inability of the Company and its subsidiaries to enforce their
legal rights in certain circumstances or to collect on any
favorable arbitral and/or court judgement awarded against the
Kyrgyz Republic, Kyrgyzaltyn JSC and/or Mr. Bolturuk, as
applicable; other political risks associated with the Company’s
operations in the Kyrgyz Republic; the presence of a significant
shareholder that is a state-owned company of the Kyrgyz Republic;
and the management of external stakeholder expectations in respect
of the foregoing risk factors. For additional risk factors, please
see section titled “Risks Factors” in the Company’s most recently
filed Annual Information Form available on SEDAR at www.sedar.com
and EDGAR www.sec.gov/edgar. There can be no
assurances that forward-looking information and statements will
prove to be accurate, as many factors and future events, both known
and unknown could cause actual results, performance or achievements
to vary or differ materially from the results, performance or
achievements that are or may be expressed or implied by such
forward-looking statements contained herein or incorporated by
reference. Accordingly, all such factors should be considered
carefully when making decisions with respect to Centerra, and
prospective investors should not place undue reliance on forward
looking information. Forward-looking information is as of July
7, 2021. Centerra assumes no obligation to update
or revise forward-looking information to reflect changes in
assumptions, changes in circumstances or any other events affecting
such forward-looking information, except as required by applicable
law.
For more information:John W. PearsonVice
President, Investor Relations(416)
204-1953john.pearson@centerragold.com
Additional information on Centerra is available on the
Company’s web site at www.centerragold.com on
SEDAR at www.sedar.com and on EDGAR at
www.sec.gov/edgar.
A PDF accompanying this announcement is available
at http://ml.globenewswire.com/Resource/Download/14b813f4-63eb-40a6-ab8a-83f4cd5c22b5
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