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Mining Law

Practice Expertise/Experience

For more than 20 years, we have been providing legal services that meet international standards for a variety of clients which include large and small mining companies, investors, financial institutions, public and private companies, firms of international lawyers and Governments.We offer our clients an in-depth knowledge of mining legislations in force in African countries as well as an excellent understanding of the geopolitical and socio-cultural aspects of the local mining industry.

Our firm is globally recognized for its expertise in the field of mining law in many countries in Africa. We are continually strengthening this expertise and reputation in order to remain the ideal choice for the realization of mining projects and transactions on the continent.


Practice of Mining Law Team


Having acquired a solid experience over several years in mining projects and transactions and mastery of the complexity of the mining industry, our team of lawyers and consultants dedicated to the mining sector possess leading-edge knowledge of the laws and regulations applicable to mining in Africa as well as of international and regional legal frameworks applicable to mining operations.

Our lawyers and consultants have developed solid expertise in the application of legal, tax frameworks and customs and exchange environments of the mining sector, in complex mining transactions and in the drafting of mining laws and regulations in Africa.

Based on this experience, we advise, assist and represent large and small mining companies, investors, international financial institutions, public and private companies, firms of international lawyers and Governments in various phases of mining projects. We also offer our expertise in the acquisition and management of mining rights and titles, the drafting and negotiation of mining contracts, the financing of mining projects; mergers and acquisitions in the mining sector as well as litigation relating to mining projects


Publications



Drafting of Mining Legislation and Regulations


We have assisted and advised several States and agencies, at the national and international levels, in the reform or review of legal, social, commercial, tax, customs and exchange frameworks, as well as in the drafting of draft laws and regulations relating to mining projects. Our expertise in this area is detailed in our brochure on the practice of mining law in Africa.

Management of Mining Rights and Titles


We have counselled and represented our clients both in the phase of mining research, development and construction of the infrastructures of the mine (infrastructure necessary and related to the activities of the mine), in the phase of production and marketing of commercial products, and in the closure of the mine. We have also advised and assisted our clients in handling procedures for granting, renewal and waiver of mining rights and/or titles; in both procedures related to the extension of these mining rights or titles for other associated or non-associated substances and their transformation into other mining exploitation rights and/or titles. We completed all requirements in order to ensure the validity of mining titles and environmental, social, fiscal, customs and exchange obligations. We also assisted our customers in obtaining administrative authorizations for the construction of infrastructures related and necessary to the activities of the mine. Our expertise in this area is detailed in our brochure on the practice of mining law in Africa.

Analysis, Drafting and Negotiation of Mining Contracts


We counselled, assisted and represented many clients in the analysis, drafting and negotiation of contracts such as mining research and exploitation conventions, contracts of mining rights farm-out, assignment contracts, contracts of mergers and acquisitions, contracts of joint venture for the operation of mining projects, option contracts in mining research, mining mortgage contracts, and financing of mining projects between external donors and holders of mining rights. Our expertise in this area is detailed in our brochure on the practice of mining law in Africa.

Legal and Fiscal Due diligence


We have conducted several legal and fiscal “due diligence” on behalf of companies willing to acquire mining projects, participate in the financing of such projects or the mining assets of operating mining companies. On the one hand, we prepared due diligence reports specifying issues related to compliance with the legislation of the activities of mining companies and the validity of their mining rights and/or titles, and on the other hand, proposed solutions to the identified legal problems. As part of the implementation of the results of the due diligence, we prepared, for our clients, draft contracts and legal documents related to the purchase and sale of mining assets or mining companies including necessary documents for financial transactions. Our expertise in this area is detailed in our brochure on the practice of mining law in Africa.

Litigation and Claims


We assist our clients with litigation on the validity of mining rights and/or titles, especially in matters of refusal of assignment, renewal, withdrawal or cancellation of rights and/or titles, or forfeiture of their holders’ rights. We also work in other litigations relating to the mining activities, in particular, litigation relating to environmental damage, litigation relating to expropriation of mining rights and/or titles.
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