Investment procedure in the mining sector

Rédigé le 25/05/2017
ANAPI

INVESTMENT PROCEDURE IN THE MINING SECTOR

There are two possibilities to invest in the mining sector, namely :

  • The partnership with portfolio companies or others already having mining concessions ;
  • Request mining titles to the Mining Registry in accordance with the following conditions and procedure :

Conditions for the grant of the Operating License

The granting of the Operating License is subject to the following conditions by the applicant :

  • Prove the existence of an economically exploitable deposit by presenting a feasibility study along with a technical guidance plan of development work, of construction and operation of the mine ;
  • Prove the existence of financial resources necessary to carry out one’s project as per a financing plan of development work, of construction, and operation of the mine and the site rehabilitation plan at its closing. The plan specifies each type of financing, sources of funding and the justifications of their probable availability ;
  • Transfer 5% of shares in the capital of the applicant company to the State. These shares are unencumbered and not dilutable.

Eligibility for mining rights

Are eligible for quarry mineral rights :

  • Any natural person of Congolese nationality and any legal entity subject to Congolese law headquartered in the National Territory and whose corporate purpose is mining.
  • Any natural person of foreign nationality and any legal entity subject to foreign law ;
  • All science-based organization ;
  • Natural and legal persons under foreign law must act through an agent in mines and quarries.

File Admissibility :

  • An application form duly completed and signed to leave at the Mining Registry (Website : www.cami.cd) ;
  • The applicant’s identity documents or statutes for legal entities ;
  • A certificate of financial capacity issued by CAMI or provide evidence of financial capacity ;
  • Geographic data of the requested perimeter ;
  • Proof of payment of the application filing fee ;
  • All other documents required according to the type of right requested.

Droit superficiaire

Kinds or license

Costs
PR (Research license) 3.06$/square for the first 2 years
31.69 USD/ square for the two other years
52.10 USD/ square for the 2 years of the first renewal
149.22 USD/ square for the 2 years of the second renewal
PE (Opearting license) 511.09 USD/ square and per year
PER (Rejection operating license) 817.74 USD/ square and per year
PEPM (Operating license of Small Mine) 235.10 USD/ square and per year
ARPC (Research license of quarry products) 5.11/ square and per year
AECP (Operating license of permanent quarries) 204.43/ square and per year

Source : Cadastre Minier (CAMI). Cadastral Unit= the square. 1 square=84.955 ha.

The processing of the file for the granting of mining rights is as follows : Cadastral examination - Technical examination - Environmental examination - Interministerial Order.

- The registry examination will focus on

  • A verification of eligibility ;
  • A verification of financial capacity ;
  • An indicative report of the perimeter on mining fallout map ;
  • A verification of possible encroachments of perimeters requested on the existing rights of third parties ;
  • Compliance with the principle of "first come, first served".

- Mode for granting mining rights

The law provides for two procedures for granting mining rights, namely :

  • generally upon request ;
  • exceptionally on a tender (open or restricted).

Prospecting is open to any investor throughout the DRC through a certificate issued by the Mining Registry. It does not allow mining and does not guarantee future collection of prospected areas.