Chile’s National Lithium Strategy: Enami opens call for expressions of interest for public-private partnerships
On May 16, 2024, Chile’s National Mining Company (Enami) released a call for expressions of interest for public-private partnerships for the exploration, exploitation, and benefit of lithium deposits related to the Salares Altoandinos project (hereafter referred as the Tender). The release represents a key step in the implementation of the country’s National Lithium Strategy.
Salares Altoandinos (the Project) is currently being developed by Enami’s subsidiary Enami Litio SpA (ENALI), which has requested a special lithium operation contract (CEOL) from the Mining Ministry.
The Project comprises some of the salt flats excluded from the request for information process launched by Chile’s Mining Ministry on April 15, 2024 and entrusted to Enami to lead their development implementing a public-private partnership (PPP) for the Project.
Before being finalized, the CEOL that ENALI requested must pass an indigenous consultation process, which is currently under way.
Key aspects of the Tender
The Tender sets out the process to express interest and (i) enter into a PPP with Enami for the development and operation of the Project and/or (ii) provide financing for the development and operation of the Project.
The Tender process is divided into three stages, outlined as follows:
- Interested parties to provide financing for the Project and/or enter into a PPP with Enami to develop and operate the Project, express their interest, and provide relevant information to fulfill corporate, financing, experience, and technical qualifications to meet the Tender’s eligibility criteria (hereafter referred as the Eligibility Requirements).
- Enami reviews the expressions of interest and the fulfilment of Eligibility Requirements to produce a list of interested parties (hereafter the List).
- The interested parties included in the List will undergo a selection process, in which they will submit PPP and/or financing proposals, as applicable. The Tender will finalize with the subscription of the contracts and agreements by and between Enami and the selected parties to consummate the PPP and/or provide financing to carry out the Project.
Both Chilean and foreign entities may express interest, acting individually or in association with other entities. Names and general information of the entities included in the List will be public. The same legal entity or its related persons, pursuant to the terms of Article 100 of the Chilean Securities Market Law, may not submit more than one expression of interest unless they are made for different categories, ie, one to form a PPP and another to finance the Project.
Expressions of interest and attached documents must be submitted in Spanish. Documents originally drafted in a foreign language must be duly legalized or apostilled, as applicable, and translated to Spanish by an official translator.
Key dates related to the Tender are as follows:
- Registration and application for Eligibility Requirements will be open until June 7, 2024.
- The consultation period will take place from June 10, 2024 to June 14, 2024.
- Responses to queries and clarifications will be accepted until July 1, 2024.
- Submission of expressions of interest will be accepted until July 23, 2024.
- Assessment of Eligibility Requirements regarding expressions of interest will take place from July 24, 2024 to August 12, 2024.
- Results of the process and publication of the List will be released on August 19, 2024.
- Negotiation with interested parties of the List will take place from August 19, 2024 to March 28, 2025.
- Selection of partner for the Project and/or sponsor will take place on March 31, 2025.
Further information regarding the Tender process is available on the Chilean government Foreign Investment Agency website. Please contact the authors with any questions.