House maintains suspension call for Azmar permit

The House of Representatives’ leadership insisted yesterday that an investigation is appropriate on allegations that Azmar International Inc. allegedly intended to discreetly take possession of historical artifacts that might be found on Pagan.

House Speaker Benigno Fitial yesterday wrote a letter to Marianas Public Lands Authority chair Ana Demapan Castro strongly urging the MPLA to suspend or revoke any mining permit for Azmar.

Senate President Joaquin Adriano, on the other hand, said Azmar should be allowed to proceed with the project subject to the MPLA’s requirements, but added that the company should not be allowed to take possession of discovered artifacts.

Fitial asked the MPLA for a full investigation on the matter, even if his office received reports that Azmar was denying the allegations.

“Because of the seriousness of these allegations, my colleagues and I strongly urge MPLA to revoke or suspend any mining permit granted to Azmar pending a full investigation of the allegations surrounding its employment contract vis-à-vis our historic artifacts,” Fitial said.

“Until we have a clear picture of Azmar’s true intentions regarding historic artifacts that are legally the property of the people of the CNMI and its government, we believe the CNMI should not award Azmar a mining permit,” the Speaker added.

Fitial noted the concern raised by House Rep. Joseph DeLeon Guerrero during Monday’s session, when the latter lambasted Azmar amid reports that the company’s draft employment contract will forbid prospective employees from disclosing any information on any artifacts that may be found on Pagan.

In the draft contract, Azmar allegedly claimed ownership of any artifacts that might be found at the mining site.

Reports on Azmar’s alleged intentions to take possession of artifacts attracted the attention of Guerrero, a former Historic Preservation Office director, who said that Pagan has many prehistoric and historic artifacts.

If the draft contract was indeed authentically Azmar’s, Guerrero said the MPLA should not allow the company to mine pozzolan on Pagan. He described Azmar’s alleged intention as “disturbing,” saying that taking possession of artifacts is illegal.

Guerrero said the CNMI Constitution and statute bestow ownership of discovered historical artifacts on the people, whether they are found on public or private land.

Meanwhile, Adriano said the CNMI government should send personnel to Pagan to monitor the pozzolan mining activity.

The Senate president said the company could not prohibit its employees from disclosing information on discovered artifacts, saying this would become public information. He stressed that artifacts discovered in the CNMI—whether on land or at sea—belong to its government.

The MPLA had given Azmar a conditional approval on its bid to mine pozzolan on Pagan. If Azmar meets the MPLA requirements, it may receive a two-year permit to mine pozzolan on the island.

Sometime last month, the MPLA board unanimously decided to grant Azmar a conditional approval, giving the company 60 days to prove its financial capability. Some of the requirements that MPLA ordered Azmar to submit are:

* its most recent articles of incorporation;

* the names of its incorporators, officers and shareholders, and their respective number of shares;

* an audited financial statement;

* personal financial statements of the shareholders;

* initial capital for Pagan mining;

* names of investors;

* names of prospective buyers; and

* a letter of credit from a bank covered by the Federal Deposit Insurance Corp.