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Natural Resources Law

Congo : The Bill on hydrocarbons Code passed by the cabinet

Antoine Luntadila Kibanga  The Republic of the Congo, (“The Congo «) is an African country, located in Central Africa. It is a member of several regional organizations such as the Economic and Monetary Community of Central Africa ("CEMAC"), the Economic Community of Central African States ("CEEAC"), and the Association of African Petroleum Producers ("APPA"). Its economy is dominated by the oil sector, which represents more than 60 % of the country’s GDP, despite numerous efforts to diversify the country’s sources of income. Twenty years after the enforcement of the hydrocarbons code; it was time for the government, following the assessment of the code thereof,...

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Ratification to the treaty relating to Grand Inga Hydroelectric Project

In accordance with articles 213 paragraph 1 and 214 paragraph 1 of the Constitution of February 18, 2006 as amended to date, the President of the Democratic Republic of Congo («DRC”) promulgated on the 21st November 2014 the Law No. 14/026 authorizing the ratification by the DRC of the Treaty relating to the Grand Inga hydroelectric project between the Republic of South Africa («RSA») and itself. I. PURPOSE OF THE TREATY The Inga Project aims at building a hydroelectric complex on the Congo River, on the site named Inga Site whose installations are based in the West of the DRC, 150 km...

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Deforestation Tax: Problematic of Tax Liability of Mining Titleholders

For some time, mining companies in the Democratic Republic of the Congo are facing the National Forest Fund, (“Fonds Forestier National”), a technical and financial public establishment set up by the law N° 011/2002 of 29 August 2002 relating to the Forestry Code (“Forestry Code”) for the payment of the “deforestation tax” as a result of the deforestation made by them concerning the mining areas covered by their mining titles. With regard to the taxes, customs and other duties and levies regime applicable to the mining titleholders provided for in the Law n° 007/2002 of11 July 2002 relating to the Mining Code...

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A New Legal Framework to Promote the Public-Private Partnership in the Democratic Republic of the Congo

By Upio Kakura Wapol On February 11, 2014, the Democratic Republic of the Congo (DRC) enacted the Law No 14/005 creating tax, customs and parafiscal system of non-tax revenues and exchange control system applicable to Cooperation Agreements and Cooperation Projects, "PPP Law". This law is substantiated by the will of the DRC to implement a public-private partnership aimed at raising significant funds to further the implementation of huge reconstruction and development programme designed to provide the country with core infrastructures in order to upgrade the social welfare of population. The cooperation agreement and cooperation projects shall be the subject of the private-public...

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DRC/RSA: Inga Falls set to harness power potential of the Congo River

By Michele da Silva da Mata and Willy Bashiya Mbayi Following the energy cooperation agreement between the Democratic Republic of Congo and the Republic of South Africa on 7 March 2013, the $ 80 billion hydro power project- “Inga power project” which will start in October 2015 is set to harness the power potential of the Congo River, sub-Saharan Africa’s greatest waterway. With a power output of almost 40,000 MW the grand Inga project is expected to bring electricity to most of the African continent. The first phase of the project (out of the total of seven phases) – Inga III will...

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Oil Legislation in the Republic of the Congo

Emery Mukendi Wafwana and Sancy Lenoble Matschinga The Republic of the Congo, often called Congo-Brazzaville, is a country located in Central Africa that straddles the Equator line and covers a surface of ​​342,000 km2 with a population of approximately four (4) million. The country is bordered by Central African Republic and the Republic of Cameroon to the north, the Democratic Republic of the Congo to the south and east, the Republic of Angola (Cabinda) in the south and the Republic of Gabon to the west. The Republic of Congo has a sea coastline of 170 km along the Atlantic Ocean. The Republic...

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New Exploitation License for Mining Operators in the DRC

New Exploitation license (environmental): new requirement for mining operators in the DRC Esther-Rose LUFUTA BIDUAYA and Eric TSHIMANGA MUKENDI The consideration of environmental issues by the International Community, and its consequences on the life quality, with tangible effects, including reduction in biodiversity, soil, air and water pollution, has urged the International Community to adopt multilateral environmental agreements, which obligate the working-out of national laws, policies, plans and programs to regulate and supervise mankind's activities and to mitigate their impact on the environment, which is the common heritage of all human beings, presents and futures. In accordance with these agreements and the DRC Constitution (« DRC »)...

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South Africa: Amendment of Mine Health and Safety Act (No. 29 of 1996)

Michele da Silva da Mata and Fulgence Kalema In South Africa, the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) as amended (“the act”), providing for the protection of the health and safety of employees and other persons affected by the South African mining industry has been amended. The current amendment is related to Chapter 11 of the Regulations in terms of act. The exit certificate in section 17 must include details regarding a least the following: particulars of mine, particulars of employees and exit medical summary. The Mine Health and Safety Inspectorate was established in terms of the...

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Characteristics of hydrocarbon in the Republic of Congo

Antoine Luntadila Kibanga The Republic of Congo is one of the hydrocarbon-producing countries in Africa. This production accounts for a larger contribution of around 75% to the State budget.  Prospection, research, exploitation, storage and transport of hydrocarbons from the site are governed by Act n° 24-94 of August 23, 1994 in respect of Hydrocarbon Code. As a supplement to the aforementioned Act, Act n° 6-2001 of October 19, 2001 organizes activities of hydrocarbons and hydrocarbon by-products refinery, imports, exports, transit, re-exports, storage, bulk transport, distribution and marketing. The Act of 2001 provides that the specifications and characteristics of hydrocarbons must be compliant with...

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Democratic Republic of the Congo (in The Mining Law Review, November 2012)

"Democratic Republic of Congo" in The Mining Law Review, Law Business Research, November 2012 . By Emery Mukendi Wafwana, Edmond Cibamba Diata, Nady Mayifuila, Jonathan van Kempen, and Eric Mumwena Kasonga. The Democratic Republic of the Congo (‘the DRC’) is immensely rich in natural resources and holds some of the largest deposits anywhere in the world. The country holds one-third of the world’s reserves of cobalt and one-tenth of its copper reserves and contains 80 per cent of world reserves of columbite-tantalite (‘coltan’). The DRC holds the largest known reserves of diamonds and the largest undeveloped gold deposits in the world. The country also...

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Emery Mukendi Wafwana & Associés to Review DRC Mining Code

Newsletter October 2012: Emery Mukendi Wafwana & Associés selected for the review of the DRC Mining Code                         Subsequent to the call for bids issued by Promines, an IDA & DIFD-funded “project on Good Governance in the Mining Sector as Growth Factor”-Project ID: P106982- IDA-H589 ZR- TF010744, Emery Mukendi Wafwana & Associés- DRC has been selected as the National Legal Consultant to provide technical assistance to the DRC government in the process of reviewing the Mining Code and its implementation measures. Following the signing of the agreement and the introduction of the consultant on...

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