Fortuna Mining Corp 6-K, filed Jan 29, 2020

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Form 6-K

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

For the month of January 2020

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.

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:

Exhibit 99.1

Fortuna Provides an Update on the Statusof Disputed Royalty at the San Jose Mine

Vancouver, January 29, 2020-- FortunaSilver Mines, Inc. (NYSE: FSM) (TSX: FVI) is providing an update on the status of a disputed royalty on one of its extracting mining concessions at the San Jose mine, located in Oaxaca, Mexico.

In 2017 the Mexican Geological Service (“SGM”) advised the Company that a previous owner of one of the Company’s mineral concessions at the San Jose mine had granted the SGM a royalty of 3% of the billing value of minerals obtained from the concession. The Company, supported by legal opinions from three independent law firms, has previously advised the Mexican mining authorities that it is of the view that no royalty is payable, and in 2018 initiated administrative and legal proceedings against the Direccion General de Minas (“DGM”) to remove reference to the royalty on the title register. The proceedings are progressing in accordance with the procedures of the Mexican administrative court.

The Company has recently received notice from the DGM seeking to cancel the mining concession if the royalty, in the Mexican pesos equivalent of US$30 million plus VAT (being the amount of the claimed royalty from 2011 to 2019), is not paid before March 15, 2020. The Company will be initiating legal proceedings to contest the cancellation procedure and also to stay the cancellation process.  In the event that the Company is unsuccessful in cancelling the action taken by the DGM or in obtaining a stay of execution, it may be required to pay, or post a bond or other security, up to the amount claimed, in order to preserve the mining concession.  In that case the Company would immediately thereafter proceed with dispute proceedings.

If the Company is required to pay the royalty or post security it will do so from available working capital. The Company remains adequately funded to meet its capital requirements for the completion of the Lindero Project and to fund sustaining capital expenditures at its operating mines.

About Fortuna Silver Mines Inc.

Fortuna is a growth oriented, precious metals producer focused on mining opportunities in Latin America. Our primary assets are the Caylloma silver Mine in southern Peru, the San Jose silver-gold Mine in Mexico and the Lindero gold Project, currently under construction, in Argentina. The Company is selectively pursuing acquisition opportunities throughout the Americas and in select other areas. For more information, please visit our website at www.fortunasilver.com.

ON BEHALF OF THE BOARD

Jorge A. Ganoza

President, CEO and Director

Fortuna Silver Mines Inc.

Trading symbols: NYSE: FSM |

TSX: FVI

Investor Relations:

Carlos Baca

T (Peru): +51.1.616.6060, ext. 0

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 thanstatements of historical fact, are Forward looking Statements and are subject to a variety of known and unknown risks and uncertaintieswhich could cause actual events or results to differ materially from those reflected in the Forward looking Statements. The Forwardlooking Statements in this news release may include, without limitation, statements about the Company’s administrative andlegal proceedings against the DGM, the Company’s intended legal proceedings against the DGM to contest and stay the cancellationprocedure, and the potential for the Company to be required to pay, or post a bond or other security to pay the amount claimedto preserve its mining concession in the event that the Company’s legal proceedings to contest the cancellation procedureare unsuccessful, how the Company would satisfy such payment and other matters. Often, but not always, these Forward looking Statementscan be identified by the use of words such as “estimated”, “potential”, “open”, “future”, “assumed”, “projected”, “used”, “detailed”, “has been”, “gain”, “planned”, “reflecting”, “will”, “containing”, “remaining”, “tobe”, or statements that events, “could” or “should” occur or be achieved and similar expressions,including negative variations.

Forward looking Statements involve knownand unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Companyto be materially different from any results, performance or achievements expressed or implied by the Forward looking Statements.Such uncertainties and factors include, among others, changes in general economic conditions and financial markets; changes inprices for silver and other metals; technological and operational hazards in Fortuna’s mining and mine development activities;risks inherent in mineral exploration; uncertainties inherent in the estimation of mineral reserves, mineral resources, and metalrecoveries; changes to current estimates of mineral reserves and resources; changes to production estimates; governmental and otherapprovals; changes in government, political unrest or instability in countries where Fortuna is active; labor relations issues;as well as those factors discussed under “Risk Factors” in the Company's Annual Information Form. Although the Companyhas attempted to identify important factors that could cause actual actions, events or results to differ materially from thosedescribed in Forward looking Statements, there may be other factors that cause actions, events or results to differ from thoseanticipated, estimated or intended.

Forward looking Statements containedherein are based on the assumptions, beliefs, expectations and opinions of management, including but not limited to expectationsregarding success in its legal proceedings which is based upon advice from independent law firms, expected trends in mineral pricesand currency exchange rates; the accuracy of the Company’s current mineral resource and reserve estimates; that the Company’sactivities will be in accordance with the Company’s public statements and stated goals; that there will be no material adversechange affecting the Company or its properties; that all required approvals will be obtained; that there will be no significantdisruptions affecting operations and such other assumptions as set out herein. Forward looking Statements are made as of the datehereof and the Company disclaims any obligation to update any Forward looking Statements, whether as a result of new information,future events or results or otherwise, except as required by law. There can be no assurance that the Company will be successfulin its legal proceedings or 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 Forwardlooking Statements.