Fortuna Mining Corp 6-K, filed Feb 4, 2022

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Form 6-K

REPORT OF FOREIGN PRIVATE ISSUER PURSUANTTO RULE 13a-16 OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934

For the month of February 2022

Commission File Number 001-35297

Fortuna Silver Mines Inc.

(Translation of registrant’s name into English)

200 Burrard Street, Suite 650, Vancouver, British Columbia, Canada V6C 3L6

(Address of principal executive office)

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.

FORM 20-F ¨         FORM 40-F  þ

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1):  ¨

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7):  ¨

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

Exhibits:

99.1       Newsrelease dated February 4, 2022

Exhibit 99.1

Fortunapursues clarification from Mexican authorities on term of the Environmental Impact Authorization

Vancouver, February 4, 2022- FortunaSilver Mines Inc. (NYSE: FSM) (TSX: FVI)** reports that on January 28, 2022 it received a notice (the “Notice”) from the Secretaría de Medio Ambiente y Recursos Naturales (“SEMARNAT”) which advised that SEMARNAT has made a typographical error in the extension to the term of the environmental impact authorization (“EIA”) for the San Jose Mine, located in Oaxaca, Mexico.

On December 17, 2021, SEMARNAT granted the Company a 12 year extension (the “EIA Extension”) to the EIA for the San Jose Mine (refer to Fortuna news release dated December 20, 2021) which expires in October 2033. However, the Notice states that SEMARNAT has made a typographical error in the EIA Extension and that the correct term is two years.

The Company is of the view that the Notice was issued by the local office of SEMARNAT in error.

Fortuna’s Mexican subsidiary, Compañia Minera Cuzcatlan (“Minera Cuzcatlan”) is working with authorities to resolve this matter. In addition, Minera Cuzcatlan has initiated legal proceedings in the Federal Court to challenge and revoke said typographical error and to reconfirm the 12 year extension period granted by SEMARNAT in December 2021. The proceedings have been brought on the basis that:

Minera Cuzcatlan is in full compliance with all material environmental laws and continues to operate under the terms of the EIA. The delivery of the Notice does not jeopardize the operations at the mine.

The Company is also currently working with senior level executives at the Secretaría de Gobernación (the Mexican Secretariat for Home Affairs) and communities from the greater surrounding area in relation to the mine to enhance and expand the social benefits of the mine in the region.

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About Fortuna Silver MinesInc.

Fortuna Silver Mines Inc. is a Canadian precious metals mining company with four operating mines in Argentina, Burkina Faso, Mexico and Peru, and a fifth mine under construction in Côte d'Ivoire. Sustainability is integral to all our operations and relationships. We produce gold and silver and generate shared value over the long-term for our stakeholders through efficient production, environmental protection, and social responsibility. For more information, please visit our website.

ON BEHALF OF THE BOARD

Jorge A. Ganoza

President, CEO and Director

Fortuna Silver Mines Inc.

Investor Relations: Carlos Baca | info@fortunasilver.com

Forward-looking Statements

This news release contains forward-lookingstatements which constitute “forward-looking information” within the meaning of applicable Canadian securities legislationand “forward-looking statements” within the meaning of the “safe harbor” provisions of the Private SecuritiesLitigation Reform Act of 1995 (collectively, “Forward-looking Statements”). All statements included herein, other than statementsof historical fact, are Forward-looking Statements and are subject to a variety of known and unknown risks and uncertainties which couldcause actual events or results to differ materially from those reflected in the Forward-looking Statements. The Forward-looking Statementsin this news release may include, without limitation, statements about the legal proceedings initiated by Minera Cuzcatlan to revoke theNotice delivered by SEMARNAT which reduced the term of the environmental impact authorization at the San Jose Mine; the likelihood ofsuccess in the legal proceedings; the Company’s business strategy, plans and outlook; the merit of the Company’s mines andmineral properties; the future financial or operating performance of the Company; expenditures; approvals and other matters. Often, butnot always, these Forward-looking Statements can be identified by the use of words such as “estimated”, “potential”, “open”, “future”, “assumed”, “projected”, “used”, “detailed”, “has been”, “gain”, “planned”, “reflecting”, “will”, “anticipated”, “estimated” “containing”, “remaining”, “to be”, or statements that events, “could”or “should” occur or be achieved and similar expressions, including negative variations.

Forward-looking Statements involve known andunknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materiallydifferent from any results, performance or achievements expressed or implied by the Forward-looking Statements. Such uncertainties andfactors include among others, the ability of Minera Cuzcatlan to successfully revoke the Notice issued by SEMARNAT; changes in generaleconomic conditions and financial markets; the impact of the COVID-19 pandemic on the Company’s mining operations and constructionactivities; the duration and impacts of COVID-19 on the Company’s production, workforce, business, operations and financial condition,and the risks relating to a global pandemic, which unless contained could cause a slowdown in global economic growth; uncertainties relatedto the impacts of COVID-19 which may include: changing market conditions, changing restrictions on the mining industry in the countriesin which the Company operates, the ability to operate as a result of government imposed restrictions, including restrictions on travel,the transportation of concentrates and doré, access to refineries, the impact of additional waves of the pandemic or increasesof incidents of COVID-19 in the countries in which we operate; the duration of any suspension of operations at the Company’s minesas a result of COVID-19 which may affect production and the Company’ business operations and financial condition; the easing oftravel restrictions imposed in Argentina which were put in place to curb the spread of COVID-19; changes in prices for gold, silver andother metals; changes in the prices of key supplies; technological and operational hazards in Fortuna’s mining and mine developmentactivities; risks inherent in mineral exploration; the ability of the current exploration programs to identify and or expand mineral resources,operational risks in exploration and development; delays or changes in plans with respect to exploration or development projects; uncertaintiesinherent in the estimation of mineral reserves, mineral resources, and metal recoveries; changes to current estimates of mineral reservesand resources; changes to production and cost estimates; governmental and other approvals; changes in government, political unrest orinstability in countries where Fortuna is active; fluctuations in currencies and exchange rates; the imposition of capital control incountries in which the Company operates; labor relations issues; as well as those factors discussed under “Risk Factors” inthe Company's Annual Information Form. Although the Company has attempted to identify important factors that could cause actual actions,events or results to differ materially from those described in Forward-looking Statements, there may be other factors that cause actions,events or results to differ from those anticipated, estimated or intended.

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Forward-looking Statements contained hereinare based on the assumptions, beliefs, expectations and opinions of management, including but not limited to the accuracy of the Company’scurrent mineral resource and reserve estimates; that the Company’s activities will be in accordance with the Company’s publicstatements and stated goals; that there will be no material adverse change affecting the Company or its properties; that the Company willbe successful in revoking the Notice issued by SEMARNAT; that the reconciliation of mineral reserves at the Company’s mines remainsconsistent with the mineral reserve model; changes to production estimates (which assume accuracy of projected ore grade, mining rates,recovery timing, and recovery rate estimates and may be impacted by unscheduled maintenance, labor and contractor availability and otheroperating or technical difficulties); the duration and impacts of COVID-19 on the Company’s production, workforce, business, operationsand financial condition, and the risks relating to a global pandemic, which unless contained could cause a slowdown in global economicgrowth; government mandates in Peru, Mexico, Argentina, Burkina Faso and Côte d’Ivoire with respect to mining operations generallyor auxiliary businesses or services required for the Company’s operations; government and the Company’s attempts to reducethe spread of COVID-19 which may affect aspects of the Company’s operations, including transportation of personnel to and from site,contractor and supplier availability and the ability to sell or deliver concentrate and doré; the expected trends in mineral pricesand currency exchange rates; that the Company’s activities will be in accordance with the Company’s public statements andstated goals; that there will be no material adverse change affecting the Company or its properties; that all required approvals and permitswill be obtained for the Company’s business and operations; that there will be no significant disruptions affecting operations andsuch other assumptions as set out herein. Forward-looking Statements are made as of the date hereof and the Company disclaims any obligationto update any Forward-looking Statements, whether as a result of new information, future events or results or otherwise, except as requiredby law. There can be no assurance that these Forward-looking Statements will prove to be accurate, as actual results and future eventscould differ materially from those anticipated in such statements. Accordingly, investors should not place undue reliance on Forward-lookingStatements.