On 14 July 2025, the Council of State of the Democratic Republic of Congo (DRC) issued a significant advisory opinion on two key articles of the Mining Code, as amended in 2018. Advisory Opinion RITE 094 provides essential clarifications on the application of Sections 80(h) and 276 of Act No. 007/2002 of 11 July 2002 enacting the Mining Code, as amended and supplemented by Act No. 18/001 of 09 March 2018.
The Opinion was requested by the Director-General of the Mining Cadastre (CAMI), with a view to obtaining an official interpretation of the aforementioned provisions, which govern respectively the obligation to assign shares to the State upon the renewal of exploitation permits and the fiscal, customs and exchange stability clause.
Indeed, the 2018 reform introduced significant amendments to reinforce the State's participation in mining profits, while preserving the rights of investors. However, difficulties in interpretation have emerged, particularly concerning holders of several exploitation permits, leading to blockages in renewal procedures at CAMI.
Please download the Analysis :
Disclaimer : This article is provided for informational purposes only and does not constitute personalised legal advice. For specific situations, consult a qualified professional.