THE CURRENT MINING CODE OF THE DEMOCRATIC REPUBLIC OF CONGO (DRC) WAS REVISED IN 2018. FOUR
YEARS AFTER THIS REVISION, THERE HAVE BEEN POSITIVE REPERCUSSIONS AS MANY DIFFICULTIES ARE NOTED BY
MINING OPERATORS IN THE MATERIALIZATION OF THE MINING CODE REVISED FROM 2018.
This is how the Federation of Companies of Congo (FEC), through the Chamber of Mines, starts, from Tuesday
October 18 to Thursday October 20, 2022, the exercise of the evaluation of this Mining Code, with the support from
all stakeholders in this sector. Objective: mark the way towards a probable revision in 2023.
Indeed, the Law gives the possibility to modify the Mining Code after a period of five years of implementation.
One year from this deadline, the Federation of Congo Businesses brought together all the stakeholders in the
sector (Government, ministries, civil society and mining operators).
Participants should reflect on the problems undermining this sector, the significant progress made, the challenges
to be met and possible changes to be made if necessary.
This forum, whose theme is “Mining activity in the DRC and its challenges: evaluation of the revised 2018 Mining
Code”, is an opportunity for the Chamber of Mines of the FEC to strengthen its influence in decisions concerning
this sector.
Significant advances from the 2018 Code
Louis Vatum, President of the Chamber of Mines of the FEC, reviewed the significant progress made since the
implementation of the 2018 Mining Code.
Thus, the Congolese State, for example, has collected international payments, the special tax on excess costs, the
levy of the State’s shareholding quota, the company’s share capital of which has increased from 5% to 10%, the
exclusivity of subcontracting for companies in which the majority of the capital is held by Congolese, the required
participation of at least 10% of natural persons of Congolese nationality when creating a mining company, the
repatriation of 40% export.
Louis Vatum also evoked the other face of the less brilliant reality of the revised Mining Code.
Despite the existence of strategic quality minerals highly sought after by all the developed economies of the world,
it has been observed that the DRC has not been able to attract new investors in geological exploration since the
implementation of the 2018 Mining Code. .
For Albert Yuma, National President of the FEC, the State has benefited from the exceptional tax revenues
generated by extremely high prices. Has this changed the daily life of the Congolese in the long term?,
he wondered.
Albert Yuma also wonders if this situation will not ultimately have been only a parenthesis in the difficulties
experienced on a daily basis by fellow citizens, which reappear as the courts find values more in line with those we
have always had known over long periods of time.
For the head of the FEC, the forum must pin all cases of violation whatever the party in question and reach
convergence on subjects with divergent interpretations.
According to Albert Yuma, it is a question of applying this Code correctly in order to derive all the advantages for
each other.
Representing the impeded Minister of Mines, her Chief of Staff reminded the experts participating in the forum on
the mining sector that they have the heavy task of reflecting on a field of activity on which rests the hopes of the
Congolese people.
