Mining and Hydrocarbon Law

In addition to Corporate Law, Mining Law constitutes one of Cabemer’s main activities. The Firm boasts the drafting of such legal and regulatory documents as Act 007/2002 pertaining the Mining Code, Decree no. 038/2003 of 26 March 2003 pertaining to the Mining Regulations; Decree no. 068/2003 of 03 April 2003 regulating the status, organization and functioning of the Cadastre Minier (CAMI — the country’s mining concessions authority) and Decree no. 048-C/2003 of 30 March 2003 regulating the organization and functioning of the Commission for the Validation of Mining and Quarry Rights. On the basis of its experience and competencies in these fields, Cabemery advises and assists its clients in securing mining and quarry rights, including the transfer, leasing, assignment, and mortgaging of such rights. The firm further advises its clients in all disputes arising from such rights.

In its double capacity as a firm of lawyers and agents in mining and quarries, the practice represents mining companies before administrative and jurisdictional bodies. It further offers representation to foreign companies with no branches or subsidiaries in the country that wish to undertake mining explorations in the Democratic Republic of Congo. Additionally, the Firm offers guidance in the fulfillment of the formalities necessary for setting up trading posts for the selling and/or purchasing of precious minerals.

In the field of gaseous and liquid hydrocarbons, Cabemery assists and advises its clients in the negotiation of memoranda of understanding with the Government as well as in the negotiation of hydrocarbon exploration and production rights. It further provides assistance to its clients when it comes to the administrative, judiciary or arbitral disputes opposing them to the government and/or to third parties in the conduct of their activities in this field.