The DRC Mining Code

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.

Licences

There are two classes of licences:

  • Research: allowing exploration, which must commence exploration within six months of award.
  • Exploitation: permitting mining and associated activities, which must commence within three years of award.

Royalties

A 2% royalty is applicable for non-ferrous metals.

Foreign Investment

Generally there are few restriction on foreign investment relating to formal mining. In the case of small scale mining, local incorporation is required.

Foreign Ownership

A foreign entity will be required to transfer 5% of the share capital to the Government on award of an exploitation permit.

Tax

A number of taxes are applicable in the mining sector:

  • A tax rate of 30% on net profits from exploitation.
  • A 3% tax on the purchase of locally made mining products.
  • Surface area taxes and duties.
  • VAT (Value Added Tax) at the rate of 16% in each case.

Code of Conduct

In 2011 stakeholders including miners, buyers, traders and government officials signed a Code of Conduct to increase transparency and cooperation with local government officials.

 
 
 

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