Congo – Mines
– The Mining Code

The Mining Code applies to the prospecting, research, exploitation, possession, circulation, and processing of mineral or fossil substances throughout the national territory. Hydrocarbons are excluded from the scope of the Mining Code. Apart from the law establishing the Mining Code and the aforementioned texts, other texts 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, on the investment charter. The mineral or fossil substances contained in the soil and subsoil of the Republic of Congo constitute the national mining heritage. They constitute the property of the State, in accordance with the Constitution of January 20, 2002. However, the exploitation of these substances is mainly carried out by foreign private companies to which the State entrusts the right to conduct one or more mining operations on mineral or fossil substances contained in the soil and subsoil. Mining is thus open to free enterprise. Furthermore, mines or deposits of mineral substances discovered by public companies on their behalf may be exploited either directly, or through an interested management or by any other means, in particular in association with private companies or other public companies.