Gold Reserve Inc. (TSX:GRZ)(NYSE-Amex:GRZ) commented today on an
Official Gazette issued by the Government of Venezuela dated May 22,
2009 in which the Venezuelan Ministry of Mines (MIBAM) denied the
extension of the El Pauji concession. The Company does not own the El
Pauji concession but has an easement that allows the Company to use the
El Pauji surface rights for infrastructure purposes for the Brisas
Project. The El Pauji concession is part of a number of land parcels
surrounding the ore body located on the Brisas Alluvial and Veta
concessions comprising the Brisas gold copper Project.
As part of the arrangement with the owner of the El Pauji concession, on
January 17, 2008 the Company applied for an extension of the concession
term pursuant to Article 25 of the Venezuelan mining law which provides
MIBAM a six-month period, ending on July 20, 2008, to deny the extension
request. MIBAM did not respond to our request for an extension. Our
Venezuelan attorneys have advised us that, pursuant to Article 25 of the
mining law, the extension is automatically granted.
Ignoring its own regulations and laws, MIBAM through internal reports
dated April 29, 2009 and May 12, 2009, almost one year after the six
month time period elapsed, asserts without evidence or prior notice that
the Company is not in compliance with its obligations in regards to the
concession. In September 2008 the Company received a certificate of
compliance from MIBAM regarding the Brisas Project.
MIBAM states in the Official Gazette that the Company timely filed an
application for extension and acknowledged that MIBAM made its
evaluation on the status of the concession subsequent to the six month
time period promulgated in Article 25 of the mining law. The Company,
acting on behalf of the owner of the El Pauji concession, will actively
defend its legal rights as defined under Venezuelan law.
The Company also applied for the extension of the Brisas del Cuyuni
alluvial gold concession in late 2007, having met all legal requirements
with no response from MIBAM during the subsequent six month time period.
We have been advised by our Venezuelan attorneys that the application is
approved pursuant to Article 25 of the mining law. It is important to
note that the Brisas del Cuyuni alluvial gold concession contains no
copper and comprises approximately 3% of the proven and probable gold
reserves of the Brisas Project.
Recently, MIBAM requested all of the technical information comprising
the Brisas gold copper Project. At this time we do not see any benefit
in transferring that information to MIBAM.
Doug Belanger, President of Gold Reserve, stated, "On April 21, 2009 we
notified the Venezuelan government that a state of disagreement existed
between the government and the Company under Bilateral Investment
Treaties between, (1) Canada and the Government of the Republic of
Venezuela and (2) Barbados and the Government of the Republic of
Venezuela. Further, despite the prolonged obstruction of our rights to
the Brisas Project, it is Gold Reserve's intention to settle this
dispute amicably but if that is not possible and the Company is
compelled to file for international arbitration, we would make a claim
for the fair market value of our investment at the time of the
revocation of the permit which we believe was in excess of US$5 billion.”
Belanger further said, "Reuters and other publications erroneously
reported that this was the mining rights for the Brisas Project when in
fact the action by the government relates to an infrastructure only
property that contains no mineralization.”
FORWARD-LOOKING STATEMENTS
This release contains forward-looking statements that may state Gold
Reserve’s or its management’s intentions, hopes, beliefs, expectations
or predictions for the future. In this release, forward-looking
statements are necessarily based upon a number of estimates and
assumptions that, while considered reasonable by management at this
time, are inherently subject to significant business, economic and
competitive uncertainties and contingencies.
We caution that such forward-looking statements involve known and
unknown risks, uncertainties and other risks that may cause the actual
financial results, performance, or achievements of Gold Reserve to be
materially different from our estimated future results, performance, or
achievements expressed or implied by those forward-looking statements.
Numerous factors could cause actual results to differ materially from
those in the forward-looking statements, including without limitation:
the outcome of any potential proceedings under the Venezuelan legal
system or before arbitration tribunals as provided in investment
treaties entered into between Venezuela, Canada and Barbados to
determine the compensation due to Gold Reserve in the event that Gold
Reserve and the Venezuelan government do not reach an agreement
regarding construction and operation of the Brisas Project, or the
Brisas Project is transferred to the Venezuelan government and the
parties do not reach agreement on compensation;
concentration of
operations and assets in Venezuela; corruption and uncertain legal
enforcement; requests for improper payments; competition with companies
that are not subject to or do not follow Canadian and U.S. laws and
regulations; regulatory, political and economic risks associated with
Venezuelan operations (including changes in previously established laws,
legal regimes, rules or processes); the ability to obtain, maintain or
re-acquire the necessary permits or additional funding for the
development of the Brisas Project; the result or outcome of the trial
regarding Rusoro Mining Ltd.'s enjoined hostile takeover bid;
significant differences or changes in any key findings or assumptions
previously determined by us or our experts in conjunction with our 2005
bankable feasibility study (as updated or modified from time to time)
due to actual results in our expected construction and production at the
Brisas Project (including capital and operating cost estimates); the
method and manner of our determination of reserves, risk that actual
mineral reserves may vary considerably from estimates presently made;
impact of currency, metal prices and metal production volatility;
fluctuations in energy prices; changes in proposed development plans
(including technology used); our dependence upon the abilities and
continued participation of certain key employees; the prices, production
levels and supply of and demand for gold and copper produced or held by
Gold Reserve; the potential volatility of Gold Reserve’s Class A common
shares; the price and value of Gold Reserve’s notes, including any
conversion of notes into Gold Reserve’s Class A common shares; the
prospects for exploration and development of projects by Gold Reserve;
and risks normally incident to the operation and development of mining
properties.
This list is not exhaustive of the factors that may affect any of
Gold Reserve’s forward-looking statements. Investors are cautioned not
to put undue reliance on forward-looking statements. All subsequent
written and oral forward-looking statements attributable to Gold Reserve
or persons acting on its behalf are expressly qualified in their
entirety by this notice. Gold Reserve disclaims any intent or obligation
to update publicly or otherwise revise any forward-looking statements or
the foregoing list of assumptions or factors, whether as a result of new
information, future events or otherwise, subject to its disclosure
obligations under applicable rules promulgated by the U.S. Securities
and Exchange Commission (the "SEC”).
In addition to being subject to a number of assumptions,
forward-looking statements in this release involve known and unknown
risks, uncertainties and other factors that may cause actual results and
developments to be materially different from those expressed or implied
by such forward-looking statements, including the risks identified under
"Important Note for U.S. Investors Concerning Resource Calculations” as
well as the risks identified in the filings by Gold Reserve with the SEC
and Canadian provincial securities regulatory authorities, including
Gold Reserve’s annual information form for the year ended December 31,
2008, dated March 31, 2009, and Gold Reserve’s Annual Report on Form
20-F for the fiscal year ended December 31, 2008 filed with the SEC on
March 31, 2009.