Mining law is one of our main areas of practice. Our law firm is recognized worldwide for its expertise in Mining law, in the Democratic Republic of the Congo (“DRC”) and other French-speaking African countries (countries members of OHADA). Drawing on our leadership and proven expertise in Mining law, our law firm advises many international mining companies investing in the mining sector in French-speaking Africa. Furthermore, we are also well-recognized for our experience in shaping and drafting legal framework governing the mining sector.
Assistance in negotiating mining contracts and conventions
Our lawyers intervene in a broad range of contexts, including negotiation and drafting of mining contracts and conventions, concessions lease agreements, transfer agreements, mergers and acquisitions contracts, joint venture contracts for the joint exploitation of mining projects, mining exploration option contracts, mining mortgage contracts, and project financing agreements between holders of mining rights and investors. We also assist and represent our clients in merger and acquisition projects by, among other things, performing due diligence on mining rights and titles, negotiating and structuring transactions and drafting contracts for the acquisition of mining titles or shares in mining companies.
Managing mining rights and mining permits and related litigations
Drawing on our proven expertise in the mining sector, we advise, assist, and represent our clients at all stages of their mining projects and in all procedures and proceedings pertaining to the acquisition, renewal, conversion, waiver (partial or total), extension, and transformation (assignment, lease, transfer, option contract) of mining and quarry rights, including the relocation of populations living on mining sites targeted for exploitation. We also advise our clients in all disputes and litigation proceedings related to the aforementioned rights.
Furthermore, in our two-fold capacity as attorneys and certified mining and quarry agents, we represent mining companies before administrative and judicial courts, and provide a locally-registered address to foreign companies that wish to undertake mining activities in the DRC or in other French-speaking African countries, but do not have local subsidiaries or branch offices. We further provide assistance setting-up and establish agencies specializing in the purchase and/or sale of precious metals.
Experience in shaping and drafting legal framework of the mining sector
We have advised and assisted clients in all matters pertaining to the mining sector as well as in all related tax, customs and currency exchange transactions.
We have advised and assisted, among others, the government of the DRC in the drafting of the country’s mining code and regulations, as well as in the writing of various other decrees creating, among other things, the Mining Concessions Registry, the body that is now organizing the attribution and validation of mining and quarry concessions rights in the DRC.
The firm also assisted the government of the DRC in the drafting and review of the decree establishing the Office of Coordination and Monitoring of the Sino-Congolese Projects (2008-2010).