Sonora expropriation28 Jun 2020 11:03
"Mining in Mexico" (July 18 2018)
https://www.lexology.com/library/detail.aspx?g=e4db032c-8d2e-4360-a9c8-df86b0f6be59
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Government expropriation of licences
Are there provisions in law dealing with government expropriation of licences? What are the compensation provisions?
In the case of mining concessions, certain government authorities (ie, Environmental Ministry, Communications and Transport Ministry, Agrarian Ministry and others), because of an event of national security or public interest, may decide to revert the concessions granted to private parties (the Reversion Decision). The Reversion Decision decree shall include the general rules to determine the consideration to be paid to the concession holder and the investments made in the concession. The depreciation of the expropriated assets, equipment and facilities attached to the mining concession shall be considered in order to calculate such consideration, through the payment of a fair market value compensation.
If the affected party agrees with the amount of consideration payable, it shall be final. If not, it has the right to file a claim before a Mexican court, which will take the final decision.
In accordance with the North America Free Trade Agreement (NAFTA), Mexico may only expropriate property in case of public interest and on a non-discriminatory basis. In such events, expropriations will require a fair market value compensation, including accrued interest. In the event of any violations of NAFTA and international laws, investors have the right to international arbitration.
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