Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 recent

The Pleno of Panama's Supreme Court of Justice unanimously declared Law 406 of 20 October 2023 — which ratified the renewed mining-concession contract between the Panamanian State and Minera Panamá S.A. (a subsidiary of Canada's First Quantum Minerals) — unconstitutional in its entirety. The ruling, delivered 27 November 2023 and published in Gaceta Oficial No. 29922 on 2 December 2023, found violations of 25 constitutional articles and ordered the orderly closure of the Cobre Panamá open-pit copper mine, which had produced ~350,000 t/yr of copper (~1% of global mined supply) and accounted for ~5% of Panama's GDP. The decision triggered a de-facto Panama-wide moratorium on new large-scale metals concessions and pending ICSID arbitration claims by First Quantum and Korea Resources / KORES (COFINPRO).

Chile enacted Ley No. 21.591 on 10 August 2023, establishing a two-component progressive mining royalty on large-scale copper producers with annual sales of 50,000 or more metric tons of fine copper (TMCF): a 1% ad valorem charge on annual copper sales, plus a progressive operating-margin component (RIOMA) at 8–26% of adjusted taxable mining operating income. The combined tax burden is capped at 46.5% of adjusted pre-tax earnings (45.5% for producers below 80,000 TMCF). The royalty entered force on 1 January 2024 and represents the first copper-taxation reform in Chile in over two decades, directly re-pricing output from BHP Escondida, Codelco, Antofagasta Minerals, and Anglo American operations — together accounting for a majority of Chile's ~5.3 Mt/year copper output.