Mexico

Location, location, location

Asked what makes the Cerro Las Minitas silver-lead-zinc property attractive, Robert Macdonald, VP exploration for Southern Silver Exploration, said: “We like it because of location, location, location.” Cerro Las Minitas is in Mexico's prime geological district at the heart of the Faja de Plata, the world’s most famous silver belt. The project also benefits from excellent infrastructure. In many ways, the appeal of the project mirrors the broader appeal of Mexico itself.

Mexico is considered a leading mining location by most criteria. Whether we speak of precious metals, base metals, or battery metals like lithium, Mexico comes top in Latam North and Caribbean. The country is also consistently praised for its level of infrastructure and mining talent that can compete with top-tier jurisdictions. Mitchell Krebs, the CEO of Coeur Mining, said that it is easier to access talent in Mexico than in the US, not just because the talent pool is larger but also because Mexico’s economy and education have been geared towards mining for a longer time. Mexico also compares favorably on a cost basis with jurisdictions both north and south of its borders: Drilling costs on a cost-per-meter basis are about 20% lower in Mexico compared to Chile, according to Tim Warman, the CEO of developer Fuerte Metals, which holds projects in both Mexico and Chile. “The cost of production in Mexico is only a fraction of that in Nevada,” said Jorge Ramiro Monroy, the CEO of silver developer Reyna Silver, with projects in Mexico and Nevada.

When realtors triple-emphasize the importance of “location,” it is usually to say that the location outweighs other less favorable factors. In the world of mining real estate, Mexico’s value has dropped considerably in recent years, despite its premium location as a mining jurisdiction. Mexico fell 37 places in the Fraser Institute’s mining survey in just one year, plunging from the 37th position in 2022 to the 74th position in 2023. The drop was caused by a series of regulatory changes passed during the six-year administration of former president Andrés Manuel López Obrador, known by his initials as AMLO.

Soon after taking office, AMLO decided the country had already granted too many mining concessions and banned the issuance of new ones. In 2023, the government passed a series of legal amendments to the Mining Law, the National Waters Law, the Ecological Balance and Environmental Protection Law, and the General Law for the Prevention and Integral Management of Waste. Among the main legal changes, we note: shortening the duration of mining concessions from 50 years to 15 years; changing the process for obtaining concessions from claims staking to public tendering, though state-owned companies can still be awarded a concession directly, exempted from this new rule;  new requirements for consultation with indigenous communities; restrictions for granting concessions in water-stressed areas and other protected areas; new requirements for authorization before the transfer of concessions between private parties in order to prevent speculative transfers; the introduction of multiple new grounds for the cancellation of mining concessions.

Other reforms passed by the former president include the nationalization of the lithium sector by granting exclusive rights in lithium to newly created state-owned LitioMx. Mexico is not a lithium producer but holds considerable reserves estimated at 1.7 million t.

Most notably, AMLO proposed a bill to prohibit open-pit mining, but the ban has not been enshrined in the law. This nevertheless froze decisions within the Secretariat of Environment and Natural Resources (SEMARNAT), while the bill is still under review. The lack of a final legalization, whether for or against open pit mining, further exacerbated confusion and instability.

In truth, what has mostly eroded the market’s confidence in Mexico is not only these various reforms, but the uncertainty over their validity and application. A new mining law to formalize those mentioned above is still pending. The 2023 reforms sparked Amparo (injunctions) lawsuits from almost every mining titleholder on the basis that their constitutional rights had been violated. In theory, no new law can be applied retroactively without infringing constitutional rights, and therefore mining companies in Mexico continued on the basis that they are (legally) grandfathered.

"Mining has gained a bad name in Mexico, but mining has been a strategic and essential industry that has contributed to the country’s growth for centuries. Of course, we must never stop improving our mining processes and we must always raise the bar on the best environmental and social practices."

Marco Aníbal Cantú, Director, Compañía Minera Santa Lucía

“The 2023 amendments to the mining law almost killed the industry, with everyone investing or looking to invest in Mexico forced to file an Amparo to protect themselves and the concessions granted to them under previous legislation,” explained Alberto Vazquez, the founder of VHG Legal Services, a law firm that has filed over 40 such injunctions on behalf of its clients, with 95% of them granted a favorable resolution.

However, a favorable resolution is not definitive. Today, the industry awaits a final resolution to determine if the amendments apply or not. Typically, the decision would have fallen on the Circuit courts, but the Supreme Court intervened in an almost unprecedented move, as described by Vazquez: “The Supreme Court decided to take over the review of all Amparo cases to ensure consistency and prevent different Circuit Courts from issuing conflicting rulings. However, the move was faced with an amendment to the judiciary power which impacted how ministers and magistrates are appointed. This led the Supreme Court to send the Amparos back to the lower Circuit Courts, meaning that each case will be addressed individually and potentially inconsistently. This is a major setback and it affects investors in Mexico. The legal battles are taking longer than usual.“

As Vazquez hinted, there are concerns over the independence of these decisions. Rubén Cano, the founding partner of CR Legal Partners Mexico, a law firm located in Chihuahua, explained in further detail the judiciary reform and its impact on independent rulings: “During AMLO’s presidency, the entire judiciary was restructured, introducing a direct voting process to select  Supreme Court ministers, federal judges and magistrates. Additionally, the requirements for becoming a judge have been lowered, which could potentially affect the independence of the judiciary. This situation raises two concerns: First, judges and magistrates might have political affiliations, rather than being entirely impartial, and second, the new Supreme Court responsible for adjudicating the challenges to the federal mining law may include members with insufficient experience. There are growing concerns about the future of the rule of law in Mexico not only regarding mining law but also with respect to amendments to water and environmental laws.”

While the Amparos are being evaluated, exploration in Mexico continues, even though exploration is essentially banned under the new rules. Lawyers in the country warn of the risks of continuing exploration work without a final resolution on the Amparo cases and a definitive ruling from the courts.

Under this thick smoke of uncertainty, the Mexican mining chamber, CAMIMEX, projects investment in mining will drop to its lowest in almost a decade. The mining industry is now waiting: waiting on a final resolution from the courts; waiting on various permits; waiting to understand if open-pit mining will continue to exist; and, decisive for all of the above, whether recently elected president Claudia Sheinbaum Pardo will continue her predecessor’s anti-mining agenda or carve a path of her own.

“Mexico remains a premier mining jurisdiction. It has a great geology that still promises good discoveries, as well as access to talent at all levels. What we still need – and it will take time – is to reestablish investor confidence in the country.”

Craig Gibson, Co-Founder, PRODEMIN (Prospección y Desarrollo Minero del Norte)

Come rain or shine

Mexico has two fairly clearly defined seasons, a dry and a rainy one. For the mining industry, it’s been patchy skies for years now. As a result of the recent instability, some companies have left the country. Companies like Almaden Minerals and Silver Bull Resources filed claims together worth close to US$1.5 billion against Mexico, alleging that Mexico expropriated their investments. For those that stayed, Rubén Cano advises to prepare to be compliant in a hyper-regulated environment that is likely to become even more regulated: “It will be more challenging to obtain environmental permits or to keep current water permits. Keeping your mining concessions valid will be crucial. Understanding the legal framework is a basic prerequisite, but I believe investors should be ready to go beyond compliance and exceed expectations, especially in terms of ESG requirements.”

The industry is already adapting. The lack of clarity over the ban on open-pit mines has led current explorers and developers to prioritize underground operations over open-pit ones. Endeavour Silver at Pitarilla, Heliostar at Ana Paula, and Fuerte Metals at Cristina are considering underground developments at previously envisioned open-pit projects, each for different reasons. Prime Mining, which is developing the Los Reyes 3 million oz gold-silver project in Sinaloa, has for the first time defined an underground portion. “About two-thirds of the resource is open-pit and the rest is underground, which leaves us with the option to develop a higher-grade underground operation instead of an open-pit. Given the previous regulatory uncertainty, it was important for us to show that Los Reyes could also be mined from underground. There is still a lot of work we have to do, but we could prove a strictly underground mining operation with excellent returns if needed. However, I believe that open-pit mining is still very much on the cards for Mexico,” said Scott Hicks, the CEO of Prime Mining.

Like most executives in Mexico, Hicks places hope in Claudia Sheinbaum. Her government has announced the review of the controversial bill to ban open-pit mining, drawing attention to the fact that sand mines used in the cement industry, as well as any future lithium mines that the government is hoping to build, are by default open-pit. Though not uttered directly, she intimated that a ban on open-pit mining is not practical. Her pragmatism was also evident when she chose mostly moderate cabinet members and by not including the ban on open-pit mining in her list of 100 pledges – an encouraging omission. Even though Sheinbaum was seated next to AMLO as he passed the 2023 changes and she indicated she would continue his policies, investment sentiment has clearly shifted since she has taken office, which suggests that investors do not see Sheinbaum as a continuation of AMLO.

This shift in the mood can be seen in the acquisitions announced since elections, in better asset valuations, and, clearer than anything else, in the trickle of permits coming through, sending some strong rays of sunshine over the frost: Alamos Gold received the environmental permit at its Mulatos project in Sonora, Avino Silver & Gold Mines received the permit for its La Preciosa, while Industrias Peñoles, Grupo Mexico, Agnico Eagle, and Teck Resources are also said to have obtained permits. Commenting on the award of the permits for La Preciosa, a large primary silver deposit with over 100 million oz of AgEq (indicated), David Wolfin, the CEO of Avino Silver & Gold said the reason why Avino obtained the permits, even if former owners of the project didn’t, is because Avino shifted the approach from a giant open pit mine to a small CapEx underground operation that is easier to be accepted by communities.

Even those waiting on open-pit permits are more optimistic. Sonoro Gold, which has been waiting for over three years for the environmental impact permit (the infamous Manifestación de Impacto Ambiental or MIA as known in Mexico) has noticed a change in SEMARNAT’s engagement, or re-engagement with the industry. “Dialogue has reopened, and we are confident we will soon receive our permit,” said Kenneth MacLeod, the CEO of Sonoro.

This dance in the dark should soon reach a finale. At PDAC, Fernando Aboitiz, the head of the Extractive Activities Coordination Unit within the Ministry of Economy, said a new regulatory framework will come through in mid-2025. He hinted the new framework will be designed in consultation with CAMIMEX and seek to balance the interests of investors and communities, while streamlining administrative procedures and improving engagement between industry and local communities. He also said that the reform of open-pit mining will not go forward at this stage.

Would you still invest in Mexico? When asked whether Mexico is still part of MAG Silver’s inorganic growth strategy, George Paspalas, its CEO, said frankly: “If you had asked me this question in October last year, my answer may have been different, but today, yes, we remain open to investing in Mexico (…) The relationship between the industry and the government has been strained in the past but we see early signs that this may be changing for the better.”

Those who choose to stay and invest in Mexico understand that mining is older than the republic itself. Until the new legal framework is made available in the second part of this year, we can only report on the industry’s anticipations. Coming next is a sample of how the industry views Mexico’s new leader.

MEXICO AT A GLANCE

Sources: IMF, World Bank, Worldometer, OEC

SURFACE AREA

1,964,375 km2

CAPITAL

Mexico City

POPULATION

133 million

MEDIAN AGE

29.6 years

LITERACY RATE

95%

GDP, CURRENT USD

1.79 trillion

GDP PER CAPITA, CURRENT USD

30.79

MAIN EXPORTS GOODS

Motor Vehicles and parts, Computers, Crude Petroleum

MAIN MINING RESOURCES

Silver, gold, copper, zinc

FDI Evolution

Key players

  • Agnico Eagle
  • Americas Gold and Silver
  • Aura Minerals
  • Avino Silver and Gold Mines
  • Aztec Minerals
  • Bacanora Lithium
  • Bear Creek Mining
  • Capitan Silver
  • Chesapeake Gold
  • Cobre del Mayo
  • Coeur Mining
  • Compañía Minera Santa Lucía
  • Defiance Silver
  • Discovery Silver
  • DynaResource
  • Electrum Copper
  • Endeavour Silver
  • Equinox Gold
  • Excellon Resources
  • First Majestic
  • Frontera Copper
  • Fuerte Metals
  • Gold Resource Corp
  • GR Silver
  • Grupo México
  • Grupo Minero Bacis
  • Guanajuato Silver
  • Heliostar Metals
  • IMPACT Silver
  • Industrias Peñoles
  • Kootenay Silver
  • Luca Mining
  • MAG Silver
  • McEwen Mining
  • Minaurum Gold
  • Minas del Balsas
  • Minera Alamos
  • Minera Frisco
  • Newmont
  • Orex Minerals
  • Orla Mining
  • Oroco Resource
  • Pan American Silver
  • Peña Colorada
  • Prime Mining
  • Radius Gold
  • Reyna Silver
  • Riverside Resources
  • Santacruz Silver Mining
  • Sierra Madre Gold and Silver
  • Sierra Metals
  • Silver Bull Resources
  • Silver Storm Mining
  • Silver Viper Minerals
  • Sonoro Gold
  • Southern Silver Exploration
  • Starcore International Mines
  • Teck Resources
  • Torex Gold
  • Vizsla Silver

Did you know?

Over 70% of Mexico's silver mines are held by Canadian companies.

Article header image courtesy of Luca Mining

Next:

Industry views on Mexico's new president