Mining Legislations
Mining Legislations
MINISTRY OF MINES
JUIN 2003
I
FOREWORD
The design and preparation of this handbook have been given there
after by the Minister of Mines to the CTCPM which required also expertise
from the Mining Administration.
Hoping that this handbook will reach the objective by bringing out
answers to investors questions.
I. General overview………….. . . . . . . . . . . . . . . . . . . . . . . . . . . . …… 1
1.1. Geography…….. . . . . … . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …. 1
Page
X. REFERENCES …………..…………………………………… 68
1
I. GENERAL OVERVIEW
Democratic Republic of Congo is a wide Country located in the heart
of the Central African region. It is bounded on the north by the Central Africa
Republic and Sudan, on the south by Angola and Zambia, on the East by
Uganda, Rwanda, Burundi and Tanzania, and on the west by the Republic of
the Congo, Angolese Enclave of Cabinda and the Atlantic Ocean. (Fig.a)
1.1. Geography
a. Relief
(1)
Atlas de la RDC, Paris, Sallez 1998, P6
2
b. Hydrography
Laid over the wide River Congo basin whom it covers more than
2,300,000 sqkm which represent 2/3 of the whole area,
Democratic Republic of Congo is endowed with a dense
hydrography network and well scattered. Only two regions are
not concerned : the North-west of Mayumbe , drained by the
Shiloango River a small coastal River one and the surrounding
area of IDI AMIN (ex Edouard) and MOBUTU (ex. Albert) lakes
which belong to Nile basin.
3
There are:
- a zone of high density with more than 20 people/sqkm
located in East mountains.
- A zone of normal density with 10 to 15 people/sqkm
which lies from Atlantic ocean to the Kasaï province,
following the 5 th south parallel.
- a zone of mean density with 5 to 10 people/sqkm which
lies on high plate-lands of UELE, following the North
3th parallel.
- a zone of weak density with 2 to 5 people/sqkm, which
covers the remaining part like the Central Downfold and
the Katanga province.
Congolese population is very dynamic, its annual mean rate of
growth is around 2.5 to 3 % . In Big cities like Kinshasa, this
rate can rise up to 4 % and more. This population is
heterogenous on ethnic, linguistic and cultural point of view.
There are 4 (four) major groups:
(1)
ATLAS DE LA RDC, p-p 13-15
6
N° NAMES ECOLOGY
Abundant and humid forest, mountain forest (Alt.
Virunga National Park :
1 5.100 m) active volcanoes, grassy and wooded savanna,
8,000 sqkm.
lakes, mountain gorillas. (North Kivu Province)
Kahuzi-Biega National Park Abundant and humid forest, mountain forest, gorillas of
2
6,000 sqkm Eastern plains, forested fauna. (South Kivu Province)
Grassy savanna, northern white rhinoceros, elephants,
Garamba National Park.
3 buffalos, giraffes and domesticated elephants. (Eastern
5,000 sqkm
Province)
Salonga National Park : Abundant and humid forest of the central Downfold,
4
36,000 sqkm flooded forest, dwarf chimpanzees, forest elephants.
(Equator province)
Important swampy zones, wooded savanna on high
Upemba National Park
5 platelands, grassy savannas, fauna typically
10,000 sqkm
« zambezean » destroyed by poacher. (Katanga Province)
Splendid landscape of high platelands, boggy zones,
Kundelungu National Park
fauna typically « zambezean » decimated by poacher.
6 2,200 sqkm
(Katanga Province)
Abundant, humid and half-mountainous forest, okapis,
Maïko National Park. gorillas of eastern plains and Congolese peacock.
7 10,000 sqkm (Eastern Province)
All these allow the development of the Congolese tourist industry which is
based on the artistic production and a various folklore.
a. Railways
The congolese railways network has a total of 5.118 Km within 858 Km are
electrified. The centre line of communication connects Katanga to Matadi
Harbour via Ilebo and Kinshasa.
This centre line is called « voie nationale » and constitute the only national one
outlet to the sea. This way has a first breaking load at Ilebo river port, and the
railway terminal of the “Société Nationale de Chemin de Fer” (SNCC), the
national railways company. The second riverport is located in Kinshasa.
Since the closing of the Bengwela’s railways in 1975 connecting Dilolo City
(Katanga) to Atlantic Ocean via the Lobito deep water harbour in Angola,
Democratic Republic of Congo has lost the shortest and fast exit way of mining
products from Katanga (1.348 km).
Mining products from this region, take four (4) directions for their exportations,
mainly :
8
SOUTH WAY : Which connects this region to Durban, Port Elisabeth and
East London in South Africa, using Zambian,
Zimbabwean and South African railways.
MOZAMBIQUE WAY: It connects DRC to Beira Port through Zambia
and Zimbabwe via Sakania.
TANZANIAN WAYS : connecting the country to Dar-es-Salaam Port,
either by Tanganyika lake and the Tanzanian
railway network (1,225 km from Kigoma), or
through the Zambian network and even the
Tanzanian-Zambian one with 2,000 km from
Sakania.
b. Fluvial ways
The country has some five important ports, namely : Matadi, Kinshasa, Ilebo,
Mbandaka and Kisangani.
c. Road network
The use of roads is very important and the national network is about 145,000
Km throughout the country.
d. Airways
During the last ten (10) years, many airways private companies have been
created including the national airlines company called “Lignes Aeriennes
Congolaise” « LAC » which exist long before. Main cities are daily connected
by a lot of flights and the country has some 49 airports and aerodromes within 5
international airports which are located in Kinshasa, Lubumbashi, Kisangani,
Goma and Gbadolité.
But, there exist among the airports and aerodromes, some seven (7) well
equipped, located in Kananga, Mbuji-Mayi, Kindu, Buta, Isiro, Mbandaka and
Gemena.
9
e. The Seaway
This concern a maritime reach of 150 Km long from Matadi to Atlantic Ocean
via Boma Harbour.
Matadi Harbour is about 366 km from Kinshasa and constitutes the Southern
Railway terminal.
f. Telecommunications
Many companies of cellular phones are operating in Democratic Republic of
Congo. It is the same as those of Internet and Fax which developed remarquably
during these last years.
I.3.2. ENERGY
Democratic Republic of Congo has a hydroelectric potential estimated at some
100,000 Mw within 40% (40,000 Mw) located on the Inga Site(1).
Inga hydroelectric dam is located in Bas-Congo nearby Matadi. Its maximal
capacity is about 36,670 Mw.
Nowadays, two (2) Power Stations Inga I and Inga II work, and providing some
2407 Mw instead of four (4) power stations as planned. The second two,
meaning INGA III and INGA IV will provide at the final stage 3,500 Mw and
39,000 Mw respectively (fig.d).
- it is important to notice that the use rate of the Installed power capacity
is about 30 % currently.
- the power has been brought on a high voltage line of 1700 Km long
from Inga in Bas-Congo to Kolwezi in Katanga.
- -This power is already exported to some African countries such as
Zambia, Zimbabwe, South Africa and the Republic of Congo. In the same
way, the Democratic Republic of Congo government is in negociation
with others countries expecting to be connected to Inga. Those countries
are : Egypt, Morocco and the Central African Republic. Beyond Inga, the
country has a considerable number of power stations throughout the
provinces. Apart Inga, the country has also other hydroelectric power
stations scattered throughout as shown in the chart below :
(1)
GUIDE DE L’INVESTISSEUR MINIER, Op cit
10
Total 2,492,355
11
This means that the Ministry grants mining and quarry rights and
monitor the achievement of different mining activities.
The Ministry of Mines comprises :
-The Minister’s Cabinet Staff
-The Mining Authority
-The Technical Services and Specialized Bodies
The Mining Authority is the service that carries out daily work as
following up or monitoring mining activities.
The Mining Authority assists the Minister in managing the mining sector.
This authority is held by the General Secretary.
The Mining Authority includes central and provincial services.
The central services are:
a. General Secretariate
- General Secretary
- Technical Agency
b. Directorates
• Administration and General Service Directorate ;
• Directorate of Mines ;
• Geology Directorate ;
• Research and projets Directorate ;
• Mining Environment protection Directorate ;
• Investigations Directorate ;
Up to date, two (2) Technical Services are running within the Ministry of
Mines and two (2) other Specialized Bodies are working under the technical
authorithy of the Minister of Mines.
(1)
The mining sector Congolais, CTCPM, 1998
14
• to promote industry of Diamond, Gold, Coltan and that of precious
and semi-precious mineral substances.
b. Mining Register
laid down by the article 12 of the law N° 007/2002 dated 11 july 2002 of the
Mining Code, the Mining Registry is a public entity with legal status and having
administrative and financial autonomy. Its concern is:
- registering of deeds provided for in the mining Code and /or registry survey
map in a registry book;
- processing of application for the granting, the extension, the renewal , the
transformation or lease of mining and /or quarry rights, the coordination of the
technical and environmental evaluation of applications and notifying the
applicants concerning the notifications relating to the processing of their filings;
- certification of the minimum financial capacity of the applicants for mining
and quarry exploration rights;
- notification of decisions related to mining and /or quarry rights to applicants;
- to issue the exploration certificate;
- to issue and guard the mining and quarry titles;
-registering or cancelling the registration of mining or quarry perimeters on the
registry map;
- to issue its opinions in the event of classification, declassification or
reclassification of a prohibited area;
- authentification of mortgage, lease deeds or transformation of mining and
quarry rights;
- collecting, managing and sharing out the filing cost and the annual surface
right fees par square.
15
1. Bedrocks
The bedrocks is constituted of Precambrian fold and metamorphic rock
forming a collar around the Congo river basin.
2. Cover Grounds
We find in this ensemble all the deposits which are in discrepancy on the
basement.
The cover is constituted mainly by grounds of Palaeozoic and Mesozoic ages.
The Palaeozoic shows outcrop the surface in Eastern Province, North-Kivu,
South-Kivu, Maniema and in the Northern Katanga.
The most of the deposits known today had been discovered about one century
ego, using rudimentary methods and technics.
So, the probability to discover others deposits, by modern technics of
investigation is very high. (figures 6, 7 and 8)
The following table gives indications about reserves for some substances known
today.
Mining exports represent about 70 % of all the export value of the Democratic
Republic of Congo.
4. « CONGO ETAIN »
SML is a joint-venture between Gécamines (50%) and Forrest (50%) for the
Exploitation of Copper and Cobalt.
Capital sharing:
Head office : Lubumbashi
Production of concentrates (2002)
Copper : 5,597 tons of Copper
Cobalt : 5,499 tons of Cobalt
Investment needs: 50,000,000 US $
Starting activities: 1997
Capital sharing :
Head office : Lubumbashi
Production statistics:
Ores reserves :
Investment needs : 130,000,000 US $
Starting activities : January 2001
22
Capital sharing :
Head office : Lubumbashi
Production statistics:
Ores reserves :
Investment needs : 1,680,000,000 US $
B. Eastern Kasaï
C. Eastern Province.
Ashanti gold Fields Kilo is a private company (Okimo and others 14%,
Ashanti Goldfields Company Limited 86%). The object is the exploitation of
Gold. Its mining activities are concentrated on the C40 concession belonging
to Okimo according to a contract of lease signed between Okimo and Kimin
from which Ashanti Gold Field bought shares.
Many other mining operators are dealing with artisanal mining activities in tha
Province and particularly in Tshikapa District.
26
The major intervening in this sector are the artisanal operators, the traders and
the authorized trading houses.
In this predicament period of the classical mining industry the mining cottage
industry became the only mining provider activity with a turn-over of
US$ 360,000,000 or 400,000,000 yearly.
Diamonds from artisanal production are provided mainly by the following major
centres :
Tshikapa in Western Kasaï Province, Mbuji-Mayi in Eastern Kasaï, Kisangani
in Eastern Province, Kahemba and Tembo Centres in Bandundu Province.
Gold from this sector is exploited everywhere in the country along streams,
rivers and terraces.
About the coltan and the heterogenite which are actually mined artisanally in
Maniema, North Kivu, Eastern and Katanga Province for the first one and
especially in Katanga Province for the second one.
Many other mineral indices noticed in table 4 have been already evaluated on
their technical and economical aspects. So they are expecting a financing for
their exploitation. That is the case of Bas-Congo province where there exist
deposits as listed below :
- Polymetallic deposit containing copper, zinc, lead and vanadium of Bamba-
Kilenda site, in the Lukaya’s district ;
- Sumbi bauxite deposit in the district of Bas-Fleuve, near Inga Power Station ;
- Mayumbe lime phosphates deposit, in the district of Bas-Fleuve.
- The deposit of sand and that of lime asphalt in Mavuma in the district of
Bas-Fleuve.
27
Like Bas-Congo Province, there are in other Provinces some projects which
have been selected for the possible mining investments as listed below :
1. KATANGA PROVINCE
- Dikulushi copper and silver deposit ;
- The Gecamines staniferous zone ;
- Lukuga coal deposit.
2. EASTERN PROVINCE
- Adumbi-Kitenge gold deposit
- Mbomo iron deposit
- The bituminous shales
The projects here under have already be financed but the start up will be
effective after been granted with mining rights in accordance to the provision of
the new Mining Code.
There are:
3. ASSOCIATION ENGEOCOM
prospecting, exploration and exploitation of diamond in Western
Kasaï Province.
4. KGHM (Kimpe) :
A Poland company in joint-venture with Sodimico to produce
Copper and cobalt. This project has been stoped for technical
difficulties.
-Partnership : in negociation
-Materials concerned : copper, Cobalt
-Reserves
* Copper : 326,000 tons
* Cobalt : 69,000 tons
29
RUASHI-ETOILE DEPOSIT
-Partnership
* Gécamines : 49%
* Forrest : 51%
-Materials concerned : copper, Cobalt
-Reserves
* Copper : 1,700,000 tons
* Cobalt : 200,000 tons
- Investments needs : Around US$ 400,000,000
TAILINGS OF SHITURU
-Partnership
* Gécamines : 49%
* First Quantum : 51%
-Materials concerned : copper, Cobalt
-Reserves
* Copper : 215,000 tons
* Cobalt : 25,000 tons
- Investments needs :
TAILINGS OF KAKANDA
-Partnership
* Gécamines : 49%
*IPR (Panorama) : 51%
-Reserves
* Copper : 219,000 tons
* Cobalt : 3,600 tons
- Investments needs : US$ 262,000,000
The table 5 and 6 here under include projects already evaluated and from which
the mining operators are seeking for financing.
All these mining development projects contribute to the boosting of the mining
activities whom the Governmental strategies are on the following economical
targets :
- The rehabilitation of the existing plants ;
- The diversification of the mining production ;
- The implementation of new mining production centres ;
- The industrial integration ;
- A best framing of the artisanal mining activities.
.
31
Small scale Kinsevere Financing and technical Production of concentrates of Cu and Co Joint-venture
7 Exploitation of the (Katanga) support required for DRC and to supply the mining exploitation .
Kinsevere deposits feasibility studies Zimbabwe
32
14 Rehabilitation of the Musoshi Musoshi (Katanga) US$ 2,000,000 Sodimico Production of copper concentrates Joint-venture
Concentrator with 25-40%
15 Production of rock salt Province du Katanga US$ 200,000 Gécamines Production of 7,100 tons of salt/year Joint-venture
16 Processing of Ruashi- Etoile Lubumbashi (Katanga) US$ 50,000,000 Gécamines-SNCC Production of copper and cobalt Joint-venture
embankment
Exploitation of tinstone Financing and
17 deposit Luena (Katanga) technical Gécamines Production of tin
support required for -------------
feasibility studies
Production of bioxide of Entreprise Minière de Production of 10,000,000 batteries
18 manganese Kisenge US$ 55,000,000 Kisenge-Manganèse and 10,000 tons of ferro-manganese Joint-venture
Rehabilitation of AFRIPILE
33
N° PROJECT LOCATION INVESTMENT RESULTS PARTNERSHIP
COSTS PROMOTOR EXPECTED
19 Exploitation of a primary DRC Joint-venture
stanniferous deposit of Manono Katanga US$ 65,000,000 Government Production of 2,800 tons of
and Congo- tinstone
Etain
20 Exploitation of Lumyamya and Kazumba territory Production of 240,000 carats of Joint-venture
Lueta river beds and terasses (Western Kasai) US$ 53,838,785 Miba diamond/ year
21 Project of Miba development Production of 9,600,000 carats Joint-venture
for kimberlite and river beds Estern Kasai US$ 110,000,000 Miba of diamond/ year
deposits exploitation
22 Dredge sand plant of Mbuji-Mayi river Mining polygon of Miba US$ 1,555,000 Miba Removal of 1,500,000 tons/year Seeking a short term
of tailings and possibly loan
recuperation of diamond
23 Exploration of Makumbi deposit in Along Kasai river US$ 9,000,000 Miba Production of 13,724,489 carats loan or Joint-venture
Kasai river (North-East of Tshikapa) of diamond/ year
24 Exploration and exploitation of Mbuji-Mayi river US$ 3,000,000 Miba Production of 300,000 carats of loan or Joint-venture
Mbuji-Mayi river diamond/ year
25 Exploration and exploitation of Sankuru river US$ 2,000,000 Miba Production of 200,000 carats of Loan
Sankuru river diamond/ year
26 Mobile washing machine Mining polygon of Miba US$ 1,500,000 Miba Production of 15,000,000 carats Loan
of diamond/ year
27 Rehabilitation of the diamond sorting Mining polygon of Miba US$ 3,000,000 Miba Sorting capacity of 5 tons /hour Loan
Unity
Modernization of the security of the Sorting’s quarters and Production of 6 to 9,000,000
28 processing unit plants and production’unities US$ 3,600,000 Miba carats of diamond in 3 years Loan
reinforcement of the Miba mining
polygon security
29 Rehabilitation of the Lubilanji Lubilanji River Mbuji- US$ 7,500,000 Miba Increase the power Loan
hydroelectric station Mayi
30 Rehabilitation of the Tshala Tshala site at 25 Km at US$ 2,500,000 Miba Increase the power Loan
hydroelectric stations N-E of Mbuji-Mayi
31 Exploration of gold, silver Dikunguya, Kayembe and US$ 3,500,000 Production of 1,208,615 gram
and platinum ( Western Kasai) Samwanda ( Luisa territory Miba of gold loan or Joint-venture
34
TABLE N°6 : PROJECT OF SMALL SCALE MINING IN THE DEMOCRATIC REPUBLIC OF CONGO
With the collaboration of the Mines Authority, the Govenor of province lay
down protection perimeters within which exploration works or mining
exploitation are prohibited and even subjected to conditions for the protection
of agglomerations, communication lines and public utility works.
This Ministry co-ordonates all the sectorial development plans of the national
economy and centralize all informations to evaluate the macro-economic
indexes of the country.
The congolese mining sector is governed by the law n° 007/2002 of july 11, 2002
relating to the Mining Code, which expresses the new mining policy of the
Democratic Republic of Congo. This law protects and reassures the interests of
both the mining operators and the Congolese state.
Thus it is really profitable by providing a sustainable development to populations
neighbouring the mining zones.
The practical rules of this law are contained in a regulation text called the Mining
Rules and in departmental and interdepartmental orders.
The above mentioned law deals essentially with :
- Mining rights ;
- Quarry rights ;
- Securities;
- Artisanal exploitation ;
- Protection of Mining Environment;
- Tax, custom and the foreign exchange regimes.
Following the new mining policy, mining rights for exploration and
exploitation are granted to individual and legal entity eligible in
accordance to the Mining Code.
This license is granted to every individual and legal entity. It entitles its
holder the exclusive right within the perimeter on which it is granted and
for the term of its validity, to carry out mineral exploration work for
mineral substances classified as mines, substances for which the license
has been granted, and associated substances if the holders applied for the
license to be extended to include these substances.
The Mineral exploration License also entitles its holders the right to obtain
an Exploitation License for all or part of the mineral substances indicated
in the mineral Exploration License, and the associated substances within
the area covered by the Mineral Exploration License if he discovers a
deposit which can be economically exploited.
38
The applicant drafts his application for the Exploitation License and
submit it to the Mining Register. The following documents should be
attached :
a) A copy of the valid Exploration Certificate ;
b) The report on the outcome of exploration work with regard to the
nature, the quality, the volume and the geographical situation of the
mineral resources identified ;
c) The feasibility study for the exploitation of the deposit ;
d)The technical framework planning for the development,
construction and exploitation for the mine ;
g)The planning’s as to how the project will contribute to the development of the
neighbouring communities ;
h)The financing plan identifying the planned sources of financing ;
i)The proof of payment of the filling costs.
The exploitation License is renewed for a running of fifteen (15) years if the
holder :
- has not failed in one’s duties as set forth in the Mining Code in maintaining the
title;
- demonstrate the no exhausting of the deposit and the existence of financial
resources required for the carrying out of this project ;
- obtain the approval of the up date of the EIS and the EMMP ;
- subcribe in good faith the engagement to actively continue with exploitation
activities.
The Exploitation Licence expires at the end of the term of validity in the case of
renewal or when the deposit is exhausted (depleted).
The term of validity is for 5 years renewable many times for the same duration.
The application of this License is forwarded to the Mining Register who, after
instruction required by the law, forwarded it to the Minister for decision.
c.3 Conditions for the granting of the License for Tailings exploitation
The conditions for the granting of this License are the same as those necessary
for obtaining the Exploitation License (Art.71 of the Mining Code).
This License expires under the same conditions as the Exploitation License.
It is done:
- on the zones of golden, diamondous or any other mineral substance
deposits for which the technical and economical factors do not allow an
industrial or semi-industrial exploitation;
- in a zone instituted for this purpose by Order of the Minister in charge of
Mines;
- by the operators holding artisanal miner’s card valid for the zone
concerned;
- in the respect of standards relevant to safety, hygiene, of use of water
and protection of environment.
The Artisanal Miner’s Card is granted by the Head of Provincial Division of Mines
to the only major eligible physical people of Congolese citizenship and who are
penalised by the article 27 of the Mining Code , nor incapacitated by the article
215 of the Family Code. The Artisanal Miner’s Card does not confer to its holder
the right to process without prior authorization the minerals from the artisanal
exploitation.
43
The term of validity of the Artisanal Miner’s Card is one year, renewable for
the same duration without limitation. This card can be withdrawn for violation
of the standards by its holder (Art.112 of the Mining Code).
a.1.2 The request for the Artisanal Miner’s Card. The request for the Artisanal
Miner’s Card is forwarded by the applicant to the Head of the Provincial Division
of Mines.
a.1.3 The expiry of the Artisanal Miner’s Card. The Artisanal Miner’s Card
expires at the end of the term of its validity and followed by renewal.
This card confers to its holder the right to purchase Gold, diamonds or any other
precious mineral substance of artisanal production from the artisanal operators.
The Trader’s card is granted by the Governor of the province to major people of
Congolese citizenship who provide the proof of their enrolement in the new
register of trade.
The term of validity of the Trader’s card is of one year, renewable for the same
duration without limitation. However, this trader’s card can be withdrawn in the
case of no respect with the provision of the Mining Code (article 119 of the Mining
Code).
a.2.3 The expiry of the Trader’s card
The Trader’s card expires at the end of the term of its validity and not followed by
renewal.
The authorization as a trading House for the purchase and sale of mineral
substances from artisanal exploitation is granted by the Minister of Mines, under
the conditions and accordingly to the law (Art.26 al.2, 123 to 125 of the Mining
Code).
44
This Authorization is valid for one year which can be renewable without
restriction. However, it can be withdrawn by the Minister if the authorized trading
house does not comply with the obligations set forth in article 126 of the Mining
Code.
b.2.The application for the authorization as a trading house
The application for the authorisation as a trading house for the purchase and sale of
Gold, Diamonds and other mineral substances is forwarded to the Directorate of
Mines and must include the following items :
a. The proof of the enrolement in the New Commercial Registry ;
b. The Status authenticated by a notary for legal entities ;
c. The Extract of Police record for the first residence, valid within three
months, and the certificate of good behaviour.
For the individuals :
a. The National Identification Number;
b. The proof of an account in the name of the applicant close to an
authorized bank;
c. The enrolment letter closed to the Central Bank of Congo.
The Authorization as a trading house expires at the end of the term of its validity
no followed by a renewal.
The exploration and exploitation activities for quarry products are authorized by
the state under the conditions set forth in the Mining Code. Any individual or legal
entity meeting all the conditions can be authorized for the exploration or the
exploitation of quarry products.
However, the exploitation of temporary quarry by the owner of the land property
for personal use does not require either an authorization or an advance declaration.
It is however subject to the regulation with regard to safety and environmental
protection rules.
Without prejudice to the provision of articles 23 through 25 and 27, the granting of
the exploration License of quarry products is subject to the applicant’s ability to
prove his minimum financial capacity, which is equal to five times the total
amount of the annual surface area fees per square, payable for the term of validity
of this right.
Expiry of the exploration license of quarry products expires on the last day of its
last term of validity or when it has not authorization for quarry exploitation at the
en of the first term of validity, or when an exploitation license is granted with the
perimeter which it covers.
46
The term of validity of the authorization for permanent quarries exploitation is five
years, renewable several times for the same duration.
This application is received and processed in accordance with the conditions and
procedures set forth in the provision of the articles 38 to 42 and 156 to 158 of the
Mining Code.
47
The term of validity of the authorization for temporary quarries exploitation is one
year and can not be renewed.
48
This authorization expires at the end of the term of validity. However the holder
has the right to apply for it in accordance with the Mining Code.
VIII.1.4. SECURITIES
In order to secure financial backers facing insolvent mortgage from the holder of
mining or quarry right, the new Mining Code has innovated by introducing
mortgage and pledge.
a. mortgage
In case of default by the holder of this obligations vis-à-vis the mortgagee, on the
due date agreed to specified in the mortgage deed, the latter may proceed with the
procedure of forced execution of common right or take the place of the insolvent
debtor (defaulting) and in this capacity require the partial or total transfer of the
mining or quarry onto his own name if he complies with the conditions of
eligibility in accordance with the law.
b. pledge
Pledge may concern extract merchant products under mining or quarry rights. It
complies with the rules of common right on the matter on the provision of articles
322 to 336 of title IV of the law N° 73-021 dated 20 july 1973 related to the
general regime of properties, real estate regime and securities regime as modified
and completed up to date.
All these taxes and fees are those of common right. The perception rates and
conditions applied are those of common right in force since 11 July 2003, except
the tax upon entry which is specified in the Article 232 of the mining Code.
The artisan miners, traders and trading Houses are subjected to tax and customs
regime set by an interministerial decision signed by the Minister of Mines and
that of Finances.
However, the holder of a Small-Scale Mining license may opt irrevocably for tax
legal regime applied to mining activities.
The exploration and exploitation activities of quarry products are subjected to tax
and customs legal regime specified by the tax Code and the customs Code of the
Democratic Republic of Congo.
The holders of the mining rights benefits from the freedom to convert capital
contributions and funds in the Democratic Republic of Congo at the best rate of
exchange offered by the authorized banks on the day of the exchange operation.
However, the holder of mining rights may resort, for the exchange of paper
currency, to approved non-banking intermediaries other than financial services
companies. Thus, he is authorized to make in favour of non-residents, after paying
for the taxes and changes owing, the transfer of revenue, the current transfers and
the transfers on account of movement of capital in connection with the mining
right activities.
The transfers of the funds required for the transactions listed above must be made
solely through an approved bank, provided an exchange document is signed.
51
The holder who experts commercial mining products is authorized to keep and
manage in his main account and accounts for the servicing of the foreign debt, the
receipt from his export sale up to a limit of 60%. He must rapatriate into his main
national account held in the Democratic Republic of Congo, 40% of the receipts from
exports within fifteen (15) days of receipt of same in the main account held abroad.
People working in the quarry sector are subjected to common right concerning
exchange operations.
The holder must pay the Congo Central Bank exchange control duties of 2/1000
on any payment abroad made by the approved banks accounts from in banks in the
Democratic Republic of Congo both for revenue and for expenses, with the
exception of repatriations receipts originating from the main account, and any
debit or credit transactions made from his main account, with the exception of
transfers in favour of accounts for the servicing of the foreign debt.
In accordance with article 334 of the Mining Code , the implementation conditions
of that Code are set by the Mining regulation texts enacted by Decree N° 038/2003
of 26th march 2003 which fall within the competence either of the president of the
Republic by decree or by the Minister of mines ( ministerial decisions ) or else
together with his colleague, the Minister of Finances (interministerial decisions )
Beyond the National Bank, the Banque Centrale du Congo “ BCC”, the
Democratic Republic of Congo has significant network of Banks,
comprising of head offices, agencies, and branches all over the country.
Here under, are some of them:
f. City Bank
h. RAWBANK
c. MALILA AIRLIFT
d. MALU AVIATION
e. BUSINESS AVIATION
c. ETHIOPIAN AIRWAYS
d. CAMEROUN AIRLINES
a.ICARE TRAVELS
b.JEFFERY - TRAVELS
c. AGENCE AMAZONE
1. STARCEL CONGO
2. COMCELL
3. AFRITEL
4. VODACOM.
5. SOGETEL
8. CONGO–KOREA TELECOM.
D.H.L.
I.X.4.1. KINSHASA
a. GRAND HOTEL DE KINSHASA (5 stars).
Address : avenue Batetela P.O. Box 9535/Kinshasa-Gombe
Tel : +(243) 33.111/33024/8801111
Fax: +(243) 8841500- 12123769564
E-mail: [email protected]
b. MEMLING (5 stars)
Address : 05, Avenue du Tchad, Kinshasa-Gombe
c. CHRISTMAS (4 stars)
Address : 302, avenue Nyembo, Kinshasa-Gombe
Tel : +(243)8801157/ 8803939
d. ESTORIL (3 stars)
Address : 95, avenue du Flambeau, Kinshasa-Gombe
e. GUEST HOUSE (3 stars)
Address : 1991, avenue du Flambeau, Kinshasa-Barumbu
f. DIPLOMATE (3 stars)
Address : 01, Masamba, Kinshasa-Gombe
g. INVEST ( 3 stars)
Address : Cité de la Voix du Peuple, Kinshasa-Lingwala
h. UNIVERS (3 stars)
Address : 43, Kilombwe, Kinshasa-Lemba
j. PHOENIX (2 stars)
Address : 4259, avenue du Flambeau, Kin-Barumbu
k.TROPICAL (2 stars)
Address : 1523, avenue de l’aviation, Kin-Barumbu
b. BAS-CONGO PROVINCE
♦ HOTEL METROPOLE (3 stars)
Avenue Kissanda n° 02
Matadi
♦ HOTEL AUBERGE DU VIEUX PORT (3 stars)
Avenue Nzadi
Boma
♦ HOTEL ATLANTIC BEACH (3 stars)
Place Tonde
Moanda
♦ HOTEL CHEZ TONTON (2 stars)
Avenue Lukeni n° 560
Matadi
c. EQUATOR PROVINCE
d. EASTERN PROVINCE
♦ HOTEL KUMBI-KUMBI
Avenue Mama Yemo, Commune de la Muya
Mbuji-Mayi.
62
h. SOUTH-KIVU PROVINCE
♦ HOTEL RESIDENCE (3 stars)
Avenue Mobutu, 39
Bukavu
♦ HOTEL FREGATE (2 stars )
Avenue Mobutu, 79
Bukavu
i. KATANGA PROVINCE
N° COUNTRY ADDRESSES
01 SOUTH AFRICA 54,Av. Ngongo-Lutete, Kinshasa/Gombe
Tel:+(243)8803262/8801369
02 ALGERIA 5052,Avenue Colonel Ebeya, Kinshasa/Gombe
Tel:+(243)8844166
03 ANGOLA 4413,Boulevard du 30 juin, Kinshasa/Gombe
Tel :+(243)8803657/8804168/9911919
04 GERMANY Avenue de Lemera, Kinshasa/ Gombe
Tel :+(243)8948202/8948201
5 BENIN Avenue des cliniques, Kinshasa/Gombe
Tel :+(243)9916958/98128659/9941281
06 BELGIUM Place du Cinquantenaire, Kinshasa/Gombe
Tel :+(243)8928260/8928272/8924233
07 CANADA Avenue Pumbu, Kinshasa/Gombe
Tel :+(243)9903009/9929359
08 CENTRAL 11,Avenue Pumbu, Kinshasa/Gombe
AFRICA Tel :+(243)8804613/8844555
REPUBLIC
09 CHINA Avenue des Aviateurs, Kinshasa/Gombe
Tel :+(243)8804109/8805893
10 THE REPUBLIC 176,Boulevard du 30 juin, Kinshasa/Gombe
OF CONGO Tel :+(243)8805029/1234029/1234738
11 IVORY COAST 67,Avenue de la justice, Kinshasa/Gombe
Tel :+(243)12 34746/12 33590
64
N° COUNTRY ADDRESSES
12 CUBA Avenue Kolwezi, Kinshasa/Gombe
Tel :+(243)8805971/12 21402/12 20498
13 NORTH KOREA 168,Avenue de l’Ouganda, Kinshasa/Gombe
Tel :+(243)8801443/9923367/12 33354
14 UNITED STATES 310,Avenue des Aviateurs, Kinshasa/Gombe
OF AMERICA Tel :+(243)8804792/8803273/8801297/
8844607
15 SPAIN Boulevard du 30 juin, Kinshasa/Gombe
Tel :+(243)88431956/8843167/8834212
8821881
16 EGYPT Avenue de l’Ouganda, Kinshasa/Gombe
Tel :+(243)8801580/8805580
17 France Avenue du Tchad, Kinshasa/Gombe
Tel :+(243)8848363/8821506/7802242
18 UNITED Avenue de Lemera, Kinshasa/Gombe
KINGDOM Tel :+(243)8801738/8833103/98169200
19 GABON 165, Avenue Colonel Monjiba, Kinshasa/Ngaliema
Tel :+(243)7802148/8845227/8850207
20 GUINEA 7-9,Avenue de la Libération, Kinshasa/Gombe
Tel :+(243)9860610/8920206
21 GHANA Avenue de la Libération , Kinshasa/Gombe
Tel :+(243)8804739/8803140/8804140
22 GREECE Boulevard du 30 juin , Kinshasa/Gombe
Tel :+(243)8844862/8805031/12 21561
23 ITALY 8,Avenue de la Mongala, Kinshasa/Gombe
Tel :+(243)8804302/88044225
24 IRAN 76,Boulevard du 30 juin, Kinshasa/Gombe
Tel :+(243)12 33210/8846751/12 33832
25 ISRAEL 141, Boulevard du 30 juin, Kinshasa/Gombe
Tel :+(243)9987218
26 JAPAN Avenue Lukusa, Kinshasa/Gombe
Immeuble City Bank
Tel :+(243)8805582/8801670/8801243
27 KENYA 5002,Avenue de l’Ouganda, Kinshasa/Gombe
Tel :+(243)8806224/8804393
28 LIBERIA Boulevard du 30 juin, Kinshasa/Gombe
Immeuble Royal,
Tel :+(243)7804463/7804499/8104057
65
N° COUNTRY ADDRESSES
29 LIBAN Avenue des Aviateurs, Kinshasa/Gombe
Tel :+(243)9945577/8845279/8844844
30 LYBIA Avenue du Fleuve , Kinshasa/Gombe
Tel :+(243)8803875/8805060
31 MOROCCO Avenue Coteau, Kinshasa/Gombe
Tel :+(243)8801163/12 33367
32 NAMIBIA Boulevard du 30 juin, Kinshasa/Gombe
Tel :+(243)8804803/9970297
33 NIGERIA 141,Boulevard du 30 juin, Kinshasa/Gombe
Tel :+(243)8801553/8801552/9908971
34 THE 11, Avenue Zongo Ntolo Kinshasa/Gombe
NETHERLANDS Tel :+(243)8801963/880694/8845621
35 POLAND 63,Avenue de la justice, Kinshasa/Gombe
Tel :+(243)8803606/8803607
36 Portugal 270, Avenue des Aviateurs, Kinshasa/Gombe
Tel :+(243)8844470/12 21335
37 RUSSIA 80,Avenue de la justice Kinshasa/Gombe Tel :+(243
38 ROMANIA 5,Avenue de l’Ouganda, Kinshasa/Gombe
Tel :+(243)8800771/12 33128
39 THE VATICAN 81,Avenue Goma, Kinshasa/Gombe
Tel :+(243)8808810/8843497/12 33128
40 SUDAN Avenue de l’Ouganda, Kinshasa/Gombe
P.O.Box 7374 Kinshasa1, Tel :+(243)9970123/8840893
41 SWEDEN Avenue de Lemera, Kinshasa/Gombe
Tel :+(243)8803374/8804183/8843943
42 SWITZERLAND 654,Avenue de Lemera Kinshasa/Gombe
Tel :+(243)9972004/8946800/9936334
43 TANZANIA 142, Boulevard du 30 juin, Kinshasa/Gombe
P.O.Box 1612 Kinshasa
1,Tel :+(243)8805950/8804846
44 CHAD Tel :+(243)8804734/8951010/9919113/9919112
45 TCHEC 54, Avenue de Lemera, Kinshasa/Gombe
REPUBLIC P.O.Box 8242 Kinshasa1, Tel :+(243)8845843
46 TURKEY 18, Avenue Pumbu, Kinshasa/Gombe
Tel :+(243)8843761/12 34610
47 TUNISIA 6769,Avenue Golf, Kinshasa/Gombe
Tel :+(243)8803901/8805163
48 TOGO Avenue Coteau, Kinshasa/Gombe Tel :+(243)8806033
66
N° COUNTRY ADDRESSES
49 ZAMBIA 5458, Avenue de l’Ecole, Kinshasa/Gombe
Tel :+(243)8806432/7804470/9999437/8845196
50 ZIMBABWE Avenue de la Justice, Immeuble OGEDEP Kinshasa/Gombe
Tel :+(243)8803324/8803557/8803610
51 EUROPEAN Avenue de Lemera, Gombe. P.O.Box 2000 Kinshasa 1
UNION Tel :+(243)8841878/8843203/12 33292
The following countries and organisations have also their diplomatic representives
in Kinshasa:
COUNTRY ORGANIZATIONS
1. AUSTRIA 1. WORLD BANK
2. BULGARIA 2. OMS
3. BURUNDI 3. UNICEF
4. PAKISTAN 4. FAO
5. KOWEIT 5. WFP
6. HAITI 6. IWO
7. SAUDI ARABIA 7. ICCR
8. SENEGAL 8. ORDRE SOUVERAIN DE
9. MALI MALTE
10. RWANDA 9. BASE
11. FINLAND 10. HANS SEIDEL
12. UGANDA FUNDATION
. 11.UNDP
12.MONUC
13. PEACE CORPS
14. USAID
15. MSF
67
VIII. BIBLIOGRAPHY
1. OUVRAGES
- Atlas de la République Démocratique du Congo.
- Le Secteur minier Congolais
2. REVUES
- Recensement scientifique de la population Congolaise
- Guide de l’investisseur (INEDIT)
- Spécial Sommet FRANCE-AFRIQUE
3. CONVENTION MINIERE
- Convention Minière TENKE - FUNGURUME