Mining in the DRC is governed by the Mining Code.
The Mining Law is under review at the moment, and there is a possibility that the terms may change, but the current Mining Code and associated regulations can be summarised as follows:
The Mining Code Law No. 007/2002/July/11 in conjunction with the enabling regulations defined in the Mining Regulation No. 038/2003/March/26 are the principle legislation and codes governing the DRC mining sector.
In terms of the constitution of the DRC and confirmed within the Mining Code, the state maintains ownership of all minerals in the soil and sub-soil.
There are two classes of licences:
A 2% royalty is applicable for non-ferrous metals.
Generally there are few restriction on foreign investment relating to formal mining. In the case of small scale mining, local incorporation is required.
A foreign entity will be required to transfer 5% of the share capital to the Government on award of an exploitation permit.
A number of taxes are applicable in the mining sector:
In 2011 stakeholders including miners, buyers, traders and government officials signed a Code of Conduct to increase transparency and cooperation with local government officials.