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Re: None

Monday, 06/22/2020 7:00:58 PM

Monday, June 22, 2020 7:00:58 PM

Post# of 2723
SQM_might be_trying to_get out_from under_Chile's CEOL_Maricunga guillotine
in order to "more fully" mine their property in Maricunga someday "ATCFIA" (After Their CORFO Fucking In Atacama) and see their property eventually taxed under the old laws governing lithium mining like normal cooperative capitalist-loving free-enterprising folks used ta' do.

It appears SQM as a private petitioner/defendant has made an appeal to the Chilean TC (Constitutional Tribunal Court) to see a specific normal/formal/easier-to-swallow tax formula employed on the Old section (established before 1979) of some unnamed lithium mining property
click here for Spanish
click here for English (allow up to 3 minutes to load for both links)
but I would contend it does not take a genius to see they are talking about their properties in Maricunga as they look to the future hopefully without a parasite (aka CORFO) glued to their back night & day sucking their 40% vig out of the revenue SQM earns working so hard to mine lithium.

Paragraph 4 is the key take-away from this TC decision (which is a decision not to get involved in a growing fight) and the double negative in the Google translation is a bit confusing. I think this paragraph is better translated to read:
In its judgment, the constitutional judiciary states that, in accordance with Article 3 of the LOC de Concessiones Minera and Article 7 of the mining code, lithium is not a substance not amenable to mining concession. However, Article 5 of Decree No. 2.886 of 1979 provides for exceptions to the rule that lithium is reserved for the state. The SII considers that these exceptions make the lithium concessions prior to the Decree-Law subsist and the applicant that these exceptions are only intended to protect acquired rights. This is precisely the quintessence of a conflict of legality since there is no function that any constitutional rule serves to determine the solution to the case according to the principle of normative hierarchy. It is therefore a conflict over the meaning and scope of the law, which falls within the jurisdiction of the judge on the merits and over which our judiciary has no jurisdiction under the Constitution.

If I understand this legal action correctly, it looks like the TC has just removed itself from an upcoming "sticky wicket" fight (aka royal shit storm) on the legality of even creating CEOLs that in very real terms gets back to Lithium being classified as a "Strategic Mineral"... which may be a tip-off that SQM is working (ie glad-handing) the Chamber of Deputies to rescind this ball-breaking Strategic Mineral classification that adversely affects their Maricunga property... same as it also adversely affects us (MSB_SpA). If the TC has today indeed removed themselves from this legal question posed by SQM, then it could be one less Chilean ass to French-kiss in the battle to overturn the balls-crushing fascist Pinochet-era Strategic Mineral classification on Lithium.

The Doctor

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