|
|
| In this section you can
consult the legal work attempted by Minca
during year 2002
in the defense of the rigths of the mining contract for the development in Las Cristinas 4,5,6 and 7. |
| December 19 |
MINCA files a writ before the TSJ in answer of the request of the Dr. Simón Araque of no admission of the
Arbitration and request to speed up the due process.
|
| December 10 |
The Supreme Court of Justice notified for the publishing of the cartel, in order to summon the interested parties in the administrative act contained in Official Communication number PRE-678-01 issued by CVG, which terminated the Agreement for the exploitation, development and exploration of gold mineral from alluvial deposit and veta in Las Cristinas. |
| December 5 |
Comptroller's SubCommission of the National Assembly
Interpellation Crystallex, canceled, didn't send any communication. |
| December 4 |
Interpellation to Crystallex International by the Comptroller's SubCommission of the National Assembly was suspended. The company did not send communication, to excuse absence. |
| November 28 |
Comptroller's SubCommission of the National Assembly
- Interpellation to the Internal Controller of the Ministry of Energy and Mines Dr. Tomás Rodríguez at 9:00a.m., it was suspended by quorum lack, although a short meeting was sustained in which were asked few questions by the Deputy Edgar Mora.
- Interpellation to the President of the CVG was carriet out at 10:00 a.m. |
| November 27 |
Comptroller's SubCommission of the National Assembly
- Interpellation to the President of Crystallex at 9:00 a.m., was suspended, he sent a communication excusing themselves for not being able to attend.
- Interpellation to the Ministry Rafael Ramírez, MEM at 10:00 a.m, it was scheduled for 4:00 p.m.
The interpellation was carried out at 4:00 p.m. |
| November 14 |
Comptroller's SubCommission of the National Assembly
- Interpellation Ministry of Energy and Mines at 9:00 a.m. was suspended. The Ministry did not attend.
- Interpellation at 10:00 a.m. to the President of CVG Francisco Rangel Gómez was suspended by quorum lack. |
| November 14 |
MINCA files a Nullity Action before the Supreme Court of Justice against the contract between the CVG and Crystallex. |
| November 14 |
VANNESSA files suit before the TSJ against the CVG for nonfulfillment of their obligations. |
| November 13 |
Comptroller's SubCommission of the National Assembly Interpellation to Crystallex at 9:00a.m was suspended, Crystallex sent a communication apologizing. |
| November 7 |
Comptroller's SubCommission of the National Assembly The interpellation to the Canadian Embassy at 11:30 a.m. was suspended. |
| November 6 |
Comptroller's SubCommission of the National Assembly Interpellation scheduled at 9:00a.m. to CVG's President General Francisco Rangel. The interpellation was suspended. |
| October 31 |
Comptroller's SubCommission of the National Assembly interpellation at 9.00 a.m. to Crystallex was adjourned since Crystallex did not attend. Information will be later provided on the rescheduling of the interpellation by Chairman Conrado Perez. |
| October 30 |
Comptroller's SubCommission of the National Assembly interpellation at 9:00a.m. to CVG's President General Francisco Rangel Gómez, was adjourned as the General sent a communication to the Chairman of the Commission Conrado Perez excusing himself for not being able to attend. The interpellation was rescheduled for Wednesday November 6, 2002. |
| November 29 |
MINCA address communication to Julio Cesar Montoya President of the Commission of Foreign Policy of the National Assembly, requesting a right of word before this Commission. |
| October 28 |
MINCA files accusation against Jose Rodriguez (Quinto Día Newspaper) before the Office of the Attorney General of the Republic. |
| October 25 |
Minca files before the T.S.J. Habeas Data against the Foreign Policy Committee of the National Assembly |
| October 18 |
MINCA files before the T.S.J. it demands against the CVG claiming damages caused by abuse of power. |
| October 12 |
A statement by Deputy Luis Velázquez Alvaray was published in Nueva Prensa, where he indicates that the Comptroller's Commission of the National Assembly supports CVG's decision to terminate the agreement entered into by such company (MINCA) to develop Las Cristinas mines, on the ground that there is a final legal case for such determination. |
| October 9 |
Deputy Luis Velázquez Alvaray requested a right to address the Standing Comptroller's Commission of the National Assembly to request that the Las Cristinas case not be reopend. After the presentation by the Deputy, the Chairman of such Commission Deputy Conrado Pérez informed him that the Commission had unanimously ordered an administrative action on October 02, 2002 whereby the Commission requested the reopening of the case on the ground that it considered MINCA's rights of defense and due process under Article 49 of the Constitution of the Republic had been violated, and therefore, the investigation would continue and the appropriate inquiries would be made. |
| October 8 |
MINCA files before the Supreme Court of Justice a formal claim for libel against Francisco Rangel Gómez. |
| October 2 |
Right of word granted to MINCA by the Commission of Controllership of the National Assembly, in which it is decided to reopen the case of Las Cristinas. |
| September 26 |
MINCA files before the Supreme Court of Justice a Resource of Nullity against the Resolution N° 036, dictated by the MEM and published in Gazette Official on March 8, 2002, in which decreed the Expiration of the Concessions of Copper. |
| September 19 |
Minca files before the Office of the Attorney General of the Republic Accusation against Francisco Rangel Gómez that This Office requests to the Tribunal to suspend the effects on the Contract between CVG and Crystallex. |
| September 19 |
Minca consigned before the Supreme Tribunal of Justice a request where urgency is manifested for Admission of the Arbitration. |
| September 17 |
Contract between CVG and Crystallex. |
| September 17 |
MINCA requested in the Nullity Claim against decision of CVG urgency so that precautionary measure be dictated, in which Prohibits CVG to negotiate Las Cristinas. |
| September 17 |
MINCA request in the Nullity Claim against the Presidential Decree N° 1757 an urgent precautionary measure to be dictated so that it is prohibited any disposition or negotiation on Las Cristinas. |
| September 10 |
MINCA offered press conference in order to give declarations with regard to the decision of CVG. |
| September 6 |
CVG, Board of Directors, decides to grant operative contract on Las Cristinas to Crystallex. |
| August 21 |
MINCA addresses communication to the Commission of Controllership of the National Assembly, in which requests to be informed on the day and time of the meeting of its right or word which will be considered. |
| August 16 |
A communication dated 14 August 2002 MINCA received communication from the Ministry of Foreign Affairs in which informs that they have sent the file to the Ministry of the Production and Trade in order to be processed, and also that they have sent a communication to such Ministry, dated August 07 in order to know about the status of the proceeding. |
| August 20 |
MINCA attended the National Assembly to reiterate its right or word , which will be considered. |
| August 13 |
MINCA files before the Supreme Court of Justice response to the writing Interposed by the Dr. Simón Araque in which requests that it is Declared inadmissible the application of formalization of the arbitration. |
| August 12 |
MINCA files before the Commercial Advisor Jose Paez of the Embassy of Canada the documentation on the facts happened in the National Assembly. |
| August 9 |
MINCA addressed communication to Mr. Raymond Jannas, Goldfield Chile Ltd. informing the legal situation of Las Cristinas. |
| August 6 |
The First Instance Civil, Mercantile and Agrarian Court of Puerto Ordaz, Bolivar State, issued the Official Notice for service to the Directors of Minca appointed by the CVG with regard to the Claim File by Minca. |
| August 5 |
The First Instance Civil, Mercantile and Agrarian Court of Puerto Ordaz, Bolivar State issued dated August 5 the admittance of the claims against the Directors of MINCA appointed by the CVG. |
| July 30 |
MINCA attended the audience with the Magistrate Levis Ignacio Zerpa, about the Formalization of the Arbitration. |
| July 25 |
MINCA addresses communication to the Commission of Controllership of the National Assembly in response to the denied of the right of word requested and the resolutions contained in the report of the Subcommission of Basic Industries. |
| July 22 |
Marianna Almeida addressed communication to Mr. Chen Yumin, Commercial Counsellor, Embassy of China informing the legal situation of Las Cristinas. |
| July 16 |
Dr. Simón Araque, representative of the CVG, presents written in the file of the Arbitration requesting the inadmissibility of the process of Arbitration. MINCA presents answer to the appeal from the Dr. Araque to the admission of the Resource of Nullity against the decision of the CVG. |
| July 15 |
MINCA sends official statement to Mr. Julio Montoya, President of the Permanent Commission of Foreign Policy of the National Assembly, in which is requested a certified copy of the Resolution emitted by the Commission of Foreign Policy on July 3, 2002, in relation to the Project Las Cristinas and which was published in the National press, still when the meeting was set for July 10, 2002 at 2:00p.m o'clock, for the Subcommittee in charge of the investigation with the representatives of MINCA, the following week of such a publication. |
| July 12 |
VANNESSA sends official statement to the President of the National Assembly, Willian Lara, in which is informed on the problem of Las Cristinas and requesting an audience. |
| July 10 |
MINCA sends communication to Mr. Julio Montoya, President of the Permanent Commission of Foreign Policy of the National Assembly, informing him that at 10:40 o'clock a.m., we were notified via phone that the meeting fixed p.m. for 2:00 o'clock of the day 10 of Julio 2002, it had been suspended since the President of the Subcommittee, Maris Eizaga could not attend the meeting and that They would be informed of a next date. Simón Araque presents document in the file of Nullity against CVG, appealing to the admission of the Resource presented by MINCA. |
| July 8 |
Minca addresses communication to Carlos Yanes of the Commission of Controllership of the National Assembly with information of the Development of the Project Las Cristinas. |
| July 4 |
MINCA addressed communication to Mr. Sr. Alex Davidson, Barrrick Gold Corporation, informing the legal situation of Las Cristinas. |
| July 3 |
Weekly newspaper "Quinto Día"published a supposes "Final" Report of the Foreign Affairs Commission of the National Assembly, regarding Las Cristinas case. |
| July 2 |
Communication received from Commission of Controllership of the Venezuelan National Assembly canceling right of word because a quarrel exists before the jurisdictional organisms, reason for which doesn't concern to that Instance to analyze the legality of the procedures. |
| June 27 |
MINCA files before the Supreme Court of Justice modification to the Nullity Claim on grounds of unconstitutionality against Presidential Decree, which reserves "Las Cristinas" to the National Government. |
| June 26 |
Right of speech granted by the Commission of Controllership of the National Assembly. 25 June were sent excuse by not being able to attend the meeting. The possibility is requested that is granted for July 3 or to the opportunity that is convenient to the Commission. |
| June 20 |
Minca received communication of the Commission of Foreign Affairs of the National Assembly setting meeting for July 10, 2002 at 02:00 p.m. |
| June 19 |
The Political Administrative Chamber of the Supreme Court of Justice emitted auto of admission of the Nullity Claim filed by MINCA against the decision of the CVG, which declared the cancellation of the Contract of Gold from Alluvial deposits and vein, in the area known as Las Cristinas 4, 5, 6 and 7. |
| June 18 |
The Political Administrative Chamber of the Supreme Court of Justice issued the admission of the Nullity Claim filed by MINCA against the Presidential decree N° 1.757 of 29 April 2002, in which the National Executive reserves the area of Las Cristinas. |
| May 31 |
MEM addresses notification to MINCA in which ratifies the decision of canceling the copper concession in Las Cristinas. |
| May 30 |
MINCA files before the Supreme Court of Justice a request to formally resort to Arbitration. |
| May 30 |
Vannessa Ventures accompanied by a representative of the Canadian Embassy files before the Foreign Affairs Ministry formal petition to initiate the procedure of dispute resolution establish in the Bilateral Agreement for Promotion and Protection of Investment. |
| May 29 |
MINCA attended the audience at the Commission of Civil Participation and Regional Development of the National Congress. |
| May 28 |
MINCA addressed communication to Mr. Roberto Cavalho, AngloGold, informing the legal situation of Las Cristinas. |
| May 24 |
MINCA addressed communication to Mr. Luis Felipe Cottin, President of Crystallex informing the legal situation of Las Cristinas. |
| May 24 |
MINCA addressed communication to Mr. Arturo Rivero Acosta, Gold Reserve, informing the legal situation of Las Cristinas. |
| May 21 |
MINCA files before the Supreme Court of Justice reform to the Nullity Claim against the Resolution N° 035 of the MEM. |
| May 16 |
- Vannessa files before the Office of the Attorney General 4º. a lawsuit for Libel against José Rodríguez of "Quinto Día".
- Contract between CVG and the MEM was celebrated |
| May 15 |
MINCA files before the Supreme Court of Justice a Nullity Claim against Presidential Decree N° 1757, which reserves Las Cristinas to the National Government on grounds of unconstitutionality. |
| May 10 |
MINCA address a letter to the Secretary of Foreign Affairs, Luis Alfonso Dávila García, in which informs of its concern of absence of due process in Las Cristinas case, and that the agreement between Canada and Venezuela for the Promotion and Protection of Investments has not been complied. The concern is based in the declarations given by the President of the Republic in its address of the program "Aló President" of last Sunday April 28 and in the Presidential decree, published on May 7, 2002 in the Official Gazette issue on May 7, 2002. |
| May 7 |
The Supreme Court of Justice acknowledges the Nullity Claim filed by MINCA against the Resolution N° 035 of the MEM, which based on CVG decision, resolves to reassume the gold concessions in Las Cristinas. |
| May 7 |
A Presidential Decree N° 1757 is published which declares the reservation of the Las Cristinas to the National Government. |
| May 3 |
MINCA files a Petition for Annulment against the decision to unilaterally terminate the contract as issued by CVG on November 6, 2001.
On that same date, MINCA addresses a communication to the President of the Republic, clarifying the statements made by the President during his program "Alo Presidente" broadcaster on Sunday, 28 April 2002. |
| May 2 |
MINCA judicially notifies CVG in Caracas, through its General Management, and in Ciudad Bolivar, through the Office of the President, of its desire to formally resort to arbitration.
On that same date, MINCA judicially notifies the Ministry of Energy and Mines of its desire to resort to arbitration. Such notice is given through the Solicitor General of the Republic.
The same May 2, the First Court of Contentious Administrative Matters declares inadmissible the Constitutional Guarantee filed by MINCA, for the protection of its rights. |
| April 29 |
MINCA addresses to Francisco Rangel Gómez, CVG, the reports of the activities carried out during the second semester of the year 2001, from 1 July to 16 November of 2001. |
| April 28 |
Program ”Aló President”, the President of the Republic Hugo Chávez comments about Las Cristinas and refers on the Resolution of the MEM of the decision of canceling the Copper and Gold Concessions. |
| April 25 |
A meeting is held with Dr. Julio Cesar Montoya, the President of the Foreign Policy Committee of the National Assembly. During such meeting, we informed Dr. Montoya of the situation of Las Cristinas and stated our interest in seeing that all procedures as provided by the Law are complied with, and that our investment in MINCA is duly protected. |
| April 18 |
MINCA files an Appeal for Judicial Review against the Resolution of the Ministry of Energy and Mines, whereby the copper concessions are cancelled. |
| April 3 |
Upon receipt on April 1 of the notice sent by the Ministry of Energy and Mines, MINCA ABANDONS the Petition for Annulment as filed before the Political Administrative Chamber of the Supreme Court of Justice on March 26, 2002, in order to file the Appeal for Judicial Review. |
| March 26 |
The Ministry of Energy and Mines sent a communication to MINCA, which received it on April 1, whereby it informed of Resolution N° 036, and warned that it could execute the Appeal for Judicial Review within fifteen days upon receipt of such communication. |
| March 25 |
MINCA files before the Political Administrative Chamber of the Supreme Court of Justice a Petition for Annulment and an Appeal for Legal Protection against the Resolution by the Ministry of Energy and Mines canceling the copper concessions. |
| March 21 |
VANNESSA DE VENEZUELA, C.A. submitted an accusation before the Office of the Attorney General of the Republic against General Francisco Rangel Gomez for abuse of authority, usurpation of functions and undue appropriation. |
| March 19 |
The Ministry of Energy and Mines agreed to meet with VANESSA VENTURES. During such meeting, VANNESSA requested the Ministry of Energy and Mines to set up a working committee to analyze the reasons why we consider that the cancellation of the concessions as inappropriate, and to team up with the Ministry of Energy and Mines to develop the Las Cristinas project.
In the morning of March 19, 2002, MINCA submitted a writ before the First Court of Contentious Administrative Matters whereby it responded to the claims made by Dr. Simon Araque, an attorney to CVG, who intends to request the Court not to accept the Appeal for Legal Protection as filed by MINCA on January 18, 2002. |
| March 19 |
The Supreme Court of Justice publishes a decision on the Appeal for Legal Protection requested by MINCA in October, 2001, which reads: The Appeal is declared as inappropriate and the decision by the First Court is ratified. In this regard, it ratifies and acknowledges the parties' obligation to submit to the mechanisms provided by the contract (friendly settlement or otherwise ARBITRATION) to settle any dispute arising in connection with the mining contract. |
| March 18 |
A press conference was held in connection with the actions to be brought by MINCA against the Ministry of Energy and Mines’ resolutions to cancel the gold and copper concessions in Las Cristinas, and their impact thereon. |
| March 8 |
Resolution of the Ministry of Energy and Mines expiring the Copper Concessions and recovering the Gold Concessions on behalf of the Government, was published in the Official Gazette. |
February 8
|
Meeting with Dr. Elsa Amorer, Vice-Minister of Mines we explained the current situation of MINCA, and we asked for the mediation of the Ministry of Energy regarding CVG's position, and we submitted all additional supporting documentation. |
January 24
|
MINCA sends official statement to the MEM requesting audience with the purpose of clarifying matters related with the development of Las Cristinas. |
| January 18, 2001 |
MINCA submitted a petition for Constitutional Guarantee for the Protection of Civil Rights against a letter issued by CVG (referred to as the Administrative Act) which purported to unilaterally terminate the Mining Agreement. The purpose of such act is that the Court orders the parties to resort to arbitration in order to solve their disputes, and as a consequence, the agreement shall remain in effect until the arbitral decision states otherwise. |
| January 11 |
MINCA submitted an accusation against CVG before the Office of the Attorney General of the Republic, Office of the Director of Safeguard of the Public Equity, due to illegal actions and breach of rights performed by the CVG in its anxiety to terminate the Mining Agreement with MINCA, thereby impairing the interests of the Nation.
National Attorney number 22 and State Attorney number 4 for the State of Bolivar were designated for the investigation related to the accusation submitted by VANNESSA on December. |
| |
|
| |
|
| |
|
