Congo – Mines
– The Mining Code

The Mining Code applies to the prospecting, exploration, exploitation, possession, transport, and processing of mineral or fossil substances throughout the national territory. Hydrocarbons are excluded from the scope of the Mining Code. In addition to the Mining Code and the aforementioned texts, other laws govern mining activities in the Congo. These include Law No. 003/91 of April 23, 1991, on environmental protection, and Law No. 6-2003 of January 18, 2003, concerning the investment charter. The mineral or fossil substances contained in the soil and subsoil of the Republic of the Congo constitute the national mineral heritage. These resources constitute state property, in accordance with the Constitution of January 20, 2002. However, the exploitation of these substances is primarily carried out by foreign private companies to which the state grants the right to conduct one or more mining operations on the mineral or fossil substances contained in the soil and subsoil. Mining is thus open to free enterprise. Furthermore, mines or mineral deposits discovered by public companies for their own purposes may be exploited either directly, through a public-private partnership, or by any other means, including in partnership with private companies or other public companies.