Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 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).

Statutory Instrument 5 of 2023, gazetted by Zimbabwe's Ministry of Mines and Mining Development, banned the export of unbeneficiated ("raw" / unprocessed) base mineral ores from Zimbabwe, widening the December 2022 lithium-only export ban (SI 213 of 2022) into a horizontal ban covering the entire base-minerals category — including lithium, chrome, copper, nickel and coal — while excluding precious metals, precious stones, oil and natural gas. Exporters need a written ministerial permit, granted only where compelling reasons show the ore cannot be beneficiated inside Zimbabwe, or for small assay samples. Non-compliance carries a level-9 fine or twice the mineral's value (whichever is greater), up to two years' imprisonment, or both. SI 5 was itself amended three months later by SI 57 of 2023, which layered lithium-specific citizenship and beneficiation-plant conditions onto this base order.