AVZ Discussion 2022

[Flight996]

Wonder if Felix's frozen $8bill USD comes into it .
View attachment 84699

I understand that the $8 billion seizure was just a fantasy story...just like pretty much anything originating from the DRC.

But what isn't fantasy is that AVZ is in its best position for two years, and I am hopeful that all the co-dependencies can be aligned and a deal done.

Cheers
F

 

[Frank]

Working to reactivate PE13359, Really?

In Feb 2023, PE13359 was rescinded with the stroke of a pen, and later PR13359 expropriated with the stroke of a pen; the DRC kleptocrats can bloody well return them the same way...with the stroke of a pen.

The DRC govt does not need to be working to reactivate anything...just pick up a fucking pen and do it already. Fatski, make it happen.

As an aside, Cominiere's copraphile boss, Kibeya seems to be MIA. Hopefully he's in a cray pot.

Hold my drink while I go to church.

Cheers
F

https://x.com/AshleeLaur39941/status/1923904269603963344

https://x.com/KiengeKki/status/1923936916564521063

 

[Frank]

https://x.com/AugustCohen4/status/1923908523965980983

 

[Frank]

https://x.com/AugustCohen4/status/1923917712578740507

 

[Frank]

https://x.com/AugustCohen4/status/1923933874389672430

 

[Cenny]

So what he’s saying is $2.00 US?

 

[Carlos Danger]

View attachment 84708

https://x.com/AugustCohen4/status/1923908523965980983

August is correct that the ICSID can’t compel the DRC to act

And he’s right that the original PE13359 was revoked (By the MoM using reasons unknown to the mining code)

But he’s wrong that it can’t be reactivated in the partial award it was originally given (that's the entire point of the appeal system in the DRC mining code that led to the ICSID) or granted in full if the waiver isn’t enforced imo

https://announcements.asx.com.au/asxpdf/20231030/pdf/05wpvn09rmwjjt.pdf

AVZ maintains that Dathcom is the holder of PR 13359 in respect of the entire Manono Project (including the northern area) and the applicant for an exploitation licence (PE) in respect of that land.

AVZ has taken advice and is confident of its position. The purpose of the ICSID proceedings which were commenced by AVZ on 8 May 2023 and registered on 8 June 2023 is to authoritatively establish this.

https://static1.squarespace.com/static/5934d2ae6b8f5beeb5ba23f3/t/65a8c1e5715dc369047d570d/1705558501784/20240118+ASX+AVZ+Successful+in+ICSID+Interim+Measures.pdf

The Interim Orders are as follows, the DRC shall:

• re-establish Dathcom as holder of PR 13359, currently being converted into an operating permit, on the perimeter mentioned in article 2 of ministerial order no. 0921/CAB.MIN/MINES/01/2016 of December 28, 2016, but excluding the perimeter covered by PR 15775;

• instruct Cadastre minier de la RDC (CAMI) to rectify the mining fallout map to reflect Dathcom's ownership of PR 13359 on a perimeter excluding the perimeter covered by PR 15775, specifying that this permit is in the process of being transformed into an operating permit and remains valid;

The Interim Orders are binding on all parties and take effect immediately but may be revised (or revoked) by the ICSID tribunal in light of any comments provided by AVZI, GLH and Dathcom and the State. The mandatory nature of the Interim Orders was reconfirmed and highlighted by the ICSID tribunal in its decision.

Among other directions, the ICSID tribunal has asked that Dathcom expressly confirm that should the DRC comply with these interim orders, AVZI, GLH and Dathcom will request the release of the PE and if the DRC releases it, they will progress the development of the project immediately. The Company will take the necessary steps to procure that AVZI, GLH and Dathcom provide that confirmation.

 

[PhatCatz]

View attachment 84709

https://x.com/AugustCohen4/status/1923917712578740507

View attachment 84713

View attachment 84714

If this is the case you better tell AVZ and ICC arbitration lawyers who must have forgotten the memo…. Isn’t the whole ICSID case on this very fact? The ownership of 13559 is and always was AVZ and the interim orders were to restore that back to AVZ?

Or am I wrong in that? That these hot shot international lawyers have completely missed the point August alleges?

 

[PhatCatz]

August is correct that the ICSID can’t compel the DRC to act

And he’s right that the original PE13359 was revoked (By the MoM using reasons unknown to the mining code)

But he’s wrong that it can’t be reactivated in the partial award it was originally given (that's the entire point of the appeal system in the DRC mining code that led to the ICSID) or granted in full if the waiver isn’t enforced imo

https://announcements.asx.com.au/asxpdf/20231030/pdf/05wpvn09rmwjjt.pdf

AVZ maintains that Dathcom is the holder of PR 13359 in respect of the entire Manono Project (including the northern area) and the applicant for an exploitation licence (PE) in respect of that land.

AVZ has taken advice and is confident of its position. The purpose of the ICSID proceedings which were commenced by AVZ on 8 May 2023 and registered on 8 June 2023 is to authoritatively establish this.

https://static1.squarespace.com/static/5934d2ae6b8f5beeb5ba23f3/t/65a8c1e5715dc369047d570d/1705558501784/20240118+ASX+AVZ+Successful+in+ICSID+Interim+Measures.pdf

The Interim Orders are as follows, the DRC shall:

• re-establish Dathcom as holder of PR 13359, currently being converted into an operating permit, on the perimeter mentioned in article 2 of ministerial order no. 0921/CAB.MIN/MINES/01/2016 of December 28, 2016, but excluding the perimeter covered by PR 15775;

• instruct Cadastre minier de la RDC (CAMI) to rectify the mining fallout map to reflect Dathcom's ownership of PR 13359 on a perimeter excluding the perimeter covered by PR 15775, specifying that this permit is in the process of being transformed into an operating permit and remains valid;

The Interim Orders are binding on all parties and take effect immediately but may be revised (or revoked) by the ICSID tribunal in light of any comments provided by AVZI, GLH and Dathcom and the State. The mandatory nature of the Interim Orders was reconfirmed and highlighted by the ICSID tribunal in its decision.

Among other directions, the ICSID tribunal has asked that Dathcom expressly confirm that should the DRC comply with these interim orders, AVZI, GLH and Dathcom will request the release of the PE and if the DRC releases it, they will progress the development of the project immediately. The Company will take the necessary steps to procure that AVZI, GLH and Dathcom provide that confirmation.

Haha. Apologies didn’t see this post but it goes to answering my previous post!

I assume he’s wrong and scaremongering or just wrong.

 

[Xerof]

@Carlos Danger

Mate, I was thinking of asking for a rebuttal to Cohens assertions from our resident 'i'm no commercial lawyer but...'

thanks mate, those were my thoughts as well. He has not read fully the ICSID emergency findings

Interesting to see Jens agrees 100% with August

 

[Frank]

August is correct that the ICSID can’t compel the DRC to act

And he’s right that the original PE13359 was revoked (By the MoM using reasons unknown to the mining code)

But he’s wrong that it can’t be reactivated in the partial award it was originally given (that's the entire point of the appeal system in the DRC mining code that led to the ICSID) or granted in full if the waiver isn’t enforced imo

https://announcements.asx.com.au/asxpdf/20231030/pdf/05wpvn09rmwjjt.pdf

AVZ maintains that Dathcom is the holder of PR 13359 in respect of the entire Manono Project (including the northern area) and the applicant for an exploitation licence (PE) in respect of that land.

AVZ has taken advice and is confident of its position. The purpose of the ICSID proceedings which were commenced by AVZ on 8 May 2023 and registered on 8 June 2023 is to authoritatively establish this.

https://static1.squarespace.com/static/5934d2ae6b8f5beeb5ba23f3/t/65a8c1e5715dc369047d570d/1705558501784/20240118+ASX+AVZ+Successful+in+ICSID+Interim+Measures.pdf

The Interim Orders are as follows, the DRC shall:

• re-establish Dathcom as holder of PR 13359, currently being converted into an operating permit, on the perimeter mentioned in article 2 of ministerial order no. 0921/CAB.MIN/MINES/01/2016 of December 28, 2016, but excluding the perimeter covered by PR 15775;

• instruct Cadastre minier de la RDC (CAMI) to rectify the mining fallout map to reflect Dathcom's ownership of PR 13359 on a perimeter excluding the perimeter covered by PR 15775, specifying that this permit is in the process of being transformed into an operating permit and remains valid;

The Interim Orders are binding on all parties and take effect immediately but may be revised (or revoked) by the ICSID tribunal in light of any comments provided by AVZI, GLH and Dathcom and the State. The mandatory nature of the Interim Orders was reconfirmed and highlighted by the ICSID tribunal in its decision.

Among other directions, the ICSID tribunal has asked that Dathcom expressly confirm that should the DRC comply with these interim orders, AVZI, GLH and Dathcom will request the release of the PE and if the DRC releases it, they will progress the development of the project immediately. The Company will take the necessary steps to procure that AVZI, GLH and Dathcom provide that confirmation.

August is correct that the ICSID can’t compel the DRC to act

And he’s right that the original PE13359 was revoked (By the MoM using reasons unknown to the mining code)

But he’s wrong that it can’t be reactivated in the partial award it was originally given (that's the entire point of the appeal system in the DRC mining code that led to the ICSID) or granted in full if the waiver isn’t enforced imo

https://x.com/KiengeKki/status/1923936916564521063

AVZ vs DRC @ ICSID - Final Countdown

Countdown to the ICSID tribunal of AVZ vs DRC (Congolese).

avz-icsid-final-countdown.netlify.app

 

[Flight996]

Re:

The central issue is that the decree issuing Dathcom an exploitation licence was illegally rescinded. There is no provision in the Mining Code to rescind a licence because of disharmony amongst stakeholders. At the same time AVZ was meeting all its contractual obligations, and making good progress towards building a mine and production facilities. This cannot be denied.

However,

• Cominiere's corrupt dissolution of the Dathcom JV in April 2023, was illegal
• Cominier's sale of 15% of Dathcom to Zijin Mining was corrupt and therefore illegal
• Cominiere's sale price ($US33.4m) was just 24% of market price ($US140m) due to bribery and corruption
• Cominiere corruptly diverted $US6m of Zijin's $US33.4m payment to commissions, expenses and snacks
• Cominiere's decision, in conjunction with CAMI to wind up Dathcom and return PR13359 to its own name was corrupt
• Kalemie High Court's decision to uphold Cominiere's behavior, but denying AVZ the opportunity to defend or be heard was corrupt
• Cominiere's decision to split PR13359 into PR13359 (S) and PR15775 (N), and subsequent JV with Zijin Mining are illegal
• Cominiere's decision to award Jinjiang Lithium, a subsidiary of Zijin Mining, 61% of the northern part (PR15775) of Manono was corrupt
• The $US70m payment for PR15775 went corruptly to the DRC president's 'favourite charity' instead of to going to treasury
• Zijin is building a mine on PR15775 without completing the mandatory drilling and confirmations, again through bribery.

See the pattern of corrupt or illegal behavior by the DRC and its agencies?

 

[Frank]

@Carlos Danger

Mate, I was thinking of asking for a rebuttal to Cohens assertions from our resident 'i'm no commercial lawyer but...'

thanks mate, those were my thoughts as well. He has not read fully the ICSID emergency findings

Interesting to see Jens agrees 100% with August

https://x.com/YNdjoli/status/1923894605440790676

 

[cruiser51]

View attachment 84722
View attachment 84721

https://x.com/YNdjoli/status/1923894605440790676

View attachment 84723

Cami doesn't seem to understand that 13359 can't be re-issued, they registered it as an exploration permit issued to cominiere, according to the Cami map.
I'm not a legal person, but why is Cami so confused?

 

[wombat74]

View attachment 84710

View attachment 84711

https://x.com/AugustCohen4/status/1923933874389672430

August clearly getting high on his own supply.

 

[Strongman]

Yeah i think maybe Iam missing something but as far as iam aware PE 13559 was NOT legally extinguished by the minister which completely invaladates what August is saying.

Re:
View attachment 84712

The central issue is that the decree issuing Dathcom an exploitation licence was illegally rescinded. There is no provision in the Mining Code to rescind a licence because of disharmony amongst stakeholders. At the same time AVZ was meeting all its contractual obligations, and making good progress towards building a mine and production facilities. This cannot be denied.

However,

• Cominiere's corrupt dissolution of the Dathcom JV in April 2023, was illegal
• Cominier's sale of 15% of Dathcom to Zijin Mining was corrupt and therefore illegal
• All but $US6m of $US33.4m payment to Cominiere corruptly went in commissions, expenses and snacks
• Cominiere's decision, in conjunction with CAMI to wind up Dathcom and return PR13359 to its own name was corrupt
• Kalemie High Court's decision to uphold Cominiere's behavior, but denying AVZ the opportunity to defend or be heard was corrupt
• Cominiere's decision to split PR13359 into PR13359 (S) and PR15775 (N) was illegal
• Cominiere's decision to award Jinjiang Lithium, a subsidiary of Zijin Mining, the northern part (PR15775) of Manono was corrupt
• The $US70m payment for PR15775 went corruptly to the DRC president's 'favourite charity' instead of to going to treasury

See the pattern of corrupt or illegal behavior by the DRC and its agencies?

 

[Spikerama]

For someone who doesn't hold grudges or have time to go into the past and drag up old shit or doesn't like dragging the rest of us into personal drama on this forum and turning it into hotcrapper.... the laddie doth protest too much, methinks.

 

[Frank]

Re:
View attachment 84712

The central issue is that the decree issuing Dathcom an exploitation licence was illegally rescinded. There is no provision in the Mining Code to rescind a licence because of disharmony amongst stakeholders. At the same time AVZ was meeting all its contractual obligations, and making good progress towards building a mine and production facilities. This cannot be denied.

However,

• Cominiere's corrupt dissolution of the Dathcom JV in April 2023, was illegal
• Cominier's sale of 15% of Dathcom to Zijin Mining was corrupt and therefore illegal
• All but $US6m of $US33.4m payment to Cominiere corruptly went in commissions, expenses and snacks
• Cominiere's decision, in conjunction with CAMI to wind up Dathcom and return PR13359 to its own name was corrupt
• Kalemie High Court's decision to uphold Cominiere's behavior, but denying AVZ the opportunity to defend or be heard was corrupt
• Cominiere's decision to split PR13359 into PR13359 (S) and PR15775 (N) was illegal
• Cominiere's decision to award Jinjiang Lithium, a subsidiary of Zijin Mining, the northern part (PR15775) of Manono was corrupt
• The $US70m payment for PR15775 went corruptly to the DRC president's 'favourite charity' instead of to going to treasury

See the pattern of corrupt or illegal behavior by the DRC and its agencies?

*To remind,

 

[Carlos Danger]

If this is the case you better tell AVZ and ICC arbitration lawyers who must have forgotten the memo…. Isn’t the whole ICSID case on this very fact? The ownership of 13559 is and always was AVZ and the interim orders were to restore that back to AVZ?

Or am I wrong in that? That these hot shot international lawyers have completely missed the point August alleges?

@Carlos Danger

Mate, I was thinking of asking for a rebuttal to Cohens assertions from our resident 'i'm no commercial lawyer but...'

thanks mate, those were my thoughts as well. He has not read fully the ICSID emergency findings

Interesting to see Jens agrees 100% with August

Re:
View attachment 84712

The central issue is that the decree issuing Dathcom an exploitation licence was illegally rescinded. There is no provision in the Mining Code to rescind a licence because of disharmony amongst stakeholders. At the same time AVZ was meeting all its contractual obligations, and making good progress towards building a mine and production facilities. This cannot be denied.

However,

• Cominiere's corrupt dissolution of the Dathcom JV in April 2023, was illegal
• Cominier's sale of 15% of Dathcom to Zijin Mining was corrupt and therefore illegal
• All but $US6m of $US33.4m payment to Cominiere corruptly went in commissions, expenses and snacks
• Cominiere's decision, in conjunction with CAMI to wind up Dathcom and return PR13359 to its own name was corrupt
• Kalemie High Court's decision to uphold Cominiere's behavior, but denying AVZ the opportunity to defend or be heard was corrupt
• Cominiere's decision to split PR13359 into PR13359 (S) and PR15775 (N) was illegal
• Cominiere's decision to award Jinjiang Lithium, a subsidiary of Zijin Mining, the northern part (PR15775) of Manono was corrupt
• The $US70m payment for PR15775 went corruptly to the DRC president's 'favourite charity' instead of to going to treasury

See the pattern of corrupt or illegal behavior by the DRC and its agencies?

Nigel makes it very clear in the appeal letter that triggered the ICSID arbitration under the DRC mining code that the main purpose of the appeal is the ‘survival of the acquired rights’ for Dathcom

This has obviously now changed in that Dathcom recognise the cancellation decree and are seeking the PE for the entirety of 13359

So it’s a bit complex in this case due to the waiver and other purported partial relinquishment of 13359 by Cominiere giving the north as 15775 to Manono Lithium with different parameters than the original split

But the revival (survival enacted under law) of acquired rights for an applicant under the DRC mining code is 100% possible imo

August’s other point that KoBold will be granted a new licence makes absolutely no sense under the DRC mining code as they would need to go through the DFS process again before applying for a new PE

 

[cruiser51]

What do you do mate, someone sits there talking absolute shit and lies about you and jumping at shadows, you point out their error, they keep going, then they try to drag others in like most lame bullies do, then those who struggle to think for themselves cheer on the retard, then you defend yourself more and try to get the chat back on topic, and they keep going, then you realise this is just one of those ppl who has some serious issues so you think fuck it I'll remain silent and be the better man and eventually the tool learns to shut his mouth, but then some other ppl come along thereafter and inevitably has beef with the imbecile, and the fuckwit in his delusions starts accusing you of being that same person even though you just gave them multiple likes. So they drag you back into it, and if you remain silent now, you'll be guilty in the eyes of the mob by default

Eventually you would expect the crowd would understand what they're actually dealing with but instead you get simpletons giving the retard likes for chasing ghosts and attempting to drag the forum into the shit. Then at the end of it you get the blame for daring to defend yourself. Fuck that, there comes at time where you must stick up for yourself regardless of the opposition

Im pro AVZ, pro board (always have been), pro any forum poster who can have a laugh and is seeking the best for AVZ, Im anti anyone seeking to destroy or steal off AVZ, and I also would like to see ATH as a base price, but im not pro complete fuckwits like Davo, Hoots, toilet. Let's face it, this tool, literally will call anyone the enemy if they dare say anything that he doesnt agree with, then he will screenshot all their posts and miraculously attempt to convince himself(and others) that there is no way there could be more than one person he doesnt get along with on earth so they must all be the same person. The guys possibly the most mentally deranged dude ive seen on a forum, we're talking serious psychosis. Then you point that obvious fact out and the guy comes back and says 'you have mental issues', like what, wtaf, is he 4yrs old. Remember when you were a little kid and you'd say something stupid like you're ugly and the other kid would reply 'no you are'. That's ol' mate Davo the cricus clown forum cheerleader right there

It's Sunday, you could try going to the church, or a mosque, or the pub, the football, anything, just to relax.