Gold Reserve Inc. (TSX:GRZ) (NYSE-Amex:GRZ) commented today on an
Official Gazette issued by the Government of Venezuela dated May 26,
2009 in which the Venezuelan Ministry of Mines (MIBAM) denied the
extension of the Brisas del Cuyuni alluvial gold concession which
contains approximately 3% of the proven and probable gold reserves of
the Brisas Project.
During October 2007, the Company applied for the extension of the Brisas
del Cuyuni alluvial gold concession pursuant to Article 25 of the
Venezuelan mining law, which provided MIBAM a six-month period ending in
April 2008 to deny the extension request. Similar to the El Pauji
concession extension application discussed in our related news release
yesterday, MIBAM did not respond to our request for an extension during
the requisite time period. According to Article 25 of the mining law,
the extension is automatically granted.
Again, as was the case with the El Pauji concession extension
application, MIBAM has attempted to ignore its own regulations and laws.
In September 2008, subsequent to the lapsing of the six month time
period, the Company received from MIBAM a certificate of compliance (or
good standing) of the Company’s obligations set forth in the mining law
and in the title for the Brisas del Cuyuni alluvial gold concession.
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. Now, more than
one year after the six month time period elapsed, MIBAM in internal
reports asserts without evidence or prior notice that the Company is not
in compliance with its obligations in regards to the concession.
This action has the effect of terminating the concession and could allow
MIBAM to take physical control of the concession. The Company currently
holds in good standing the hardrock or (veta) gold and copper concession
that occupies the area below the Brisas alluvial gold concession. The
hardrock concession contains proven and probable gold and copper
reserves of approximately 10 million ounces and 1.4 billion pounds,
respectively. The impact of this implied seizure on our rights to the
hardrock (veta) concession is unclear at this time since the alluvial
and hardrock concessions occupy the same 500 hectre area. In addition,
we are extremely concerned about the future status of our employees
located at the Brisas Project site.
Recently, MIBAM also requested all of the technical information
comprising the Brisas gold copper Project. At this time we do not see
any benefit to the Company in transferring that information to MIBAM.
There are various legal avenues in Venezuela or through arbitration
proceedings available to the Company to protect our investment and
confidential information. We are prepared to take all necessary actions
to protect our property rights and investment.
Doug Belanger, President of Gold Reserve, stated, "As a result of these
types of actions by the Venezuelan government, 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 Venezuela and (2) Barbados and
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 not then the Company will accelerate its
efforts and file for international arbitration. The Company expects to
make a claim for in excess of US$ 5 billion representing the fair market
value of our investment at the time of the 2008 revocation of the Permit
to Affect.”
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 the enjoined hostile takeover bid for Gold Reserve;
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.