Mining Code of the Democratic Republic of Congo

Country / jurisdiction: Democratic Republic of the Congo · Year: 2018 · Status: In force · Level: National · Type: Voluntary

The Mining Code of the Democratic Republic of Congo contains all the general principles and regulations regarding the extraction of minerals in the country. It was revised in 2018, and it includes several key elements about strategic minerals.

A strategic mineral is defined as a “mineral substance that, depending on the current international economic landscape, in accordance with the vision of the government, displays a particular interest with regards to the geostrategic context and its criticality.”

When the national and international economic situation allows it, the prime minister (with the help of sectoral ministers) is in charge of deciding which minerals are deemed strategic through decrees that are debated in the council of ministers. The access to, research, extraction, and trade of strategic minerals are subject to specific regulatory measures.

Strategic minerals are traded under a taxation framework that requires any producer to pay 10% of the gross value of the commodities in tax. It is the highest mining recovery rate, even compared to precious metals (3.5%) and gemstones (6%).

Official source: https://congomines.org/system/attachments/assets/000/001/549/original/J.O._n°_spécial_du_3_mai_2018-A4_CODE_MINIER.pdf?1553850117