DR Congo mining code regulations signed into law

Regulations to implement Congo’s new mining code have been signed into law with no changes, advisers to the prime minister told Reuters on Saturday, despite objections from mining firms that have been threatening legal action.

Prime Minister Bruno Tshibala signed the regulations into law overnight, his adviser Patrick Mutombo Buzangu told Reuters by telephone, but gave no further details.

Changes demanded by mining industry rejected

The prime minister’s legal counsel Anita Lwambwa later confirmed that none of the changes being demanded by the mining industry had been made.

The decree fully implements the mining code promulgated by the President of the Republic in March.

“The decree fully implements the mining code promulgated by the President of the Republic in March,” she said.

Congo is Africa’s top copper producer and the world’s leading miner of cobalt, an element which has seen a surge in demand to make batteries for electric cars.

Points of contention

Enacting the code is likely to trigger a legal battle between Congo and major mining companies, including Glencore and Randgold. The miners say the tax hikes and the removal of exemptions for pre-existing operations are a breach of their agreements with the government.

The new code, signed by President Joseph Kabila in March, axes 10-year protections for existing projects against changes to the fiscal regime, imposes a windfall profits tax and raises royalties.

About: Shawn

Shawn Shah is an expert legal analyst, lawyer, and journalist.


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