The Democratic Republic of the Congo’s Mining Fiscal Regime: H1 2014

The mining industry is governed by the Ministry of Mines, with other administrative entities such as the Mines Directorates, Geology Directorate and Mining Environment Protection Directorate intervening. The industry is primarily governed by the Mining Code; Law No 007/2002.

Scope

The report outlines the Democratic Republic of the Congo's governing bodies, governing laws, mining licenses, mining rights and obligations and key fiscal terms which includes royalties, corporate income tax, property tax, tax on vehicles, depreciation, loss carry forward, withholding tax, exceptional tax on expatriates’ salaries, and VAT.

Key Highlights

• The Ministry of Mines formulates government policies related to the mining sector based on the national mining code.

• Under the guidance of Ministry of Mines, the Mining Registry is a public entity with legal status and administrative and financial autonomy to register the deeds provided for in the Mining Code.

• The Directorate of Mines is responsible for inspecting and monitoring mining activities, which include health and safety, work practice, production, transport and sales.

• The department has the power to implement mining regulation for environmental protection and the technical evaluation of the mitigation and the environmental impact study as well as the environmental management plan.

Reasons to buy

To get an overview of Democratic Republic of Congo's mining fiscal regime.

Companies mentioned

Table of Contents

1 Executive Summary 1

2 The Congolese Mining Industry – Governing Bodies 5

2.1 The Ministry of Mines 5

2.1.1 Mining Registry 5

2.2 The Directorate of Mines 5

2.3 The Department in Charge of the Protection of the Mining Environment 5

2.4 The Geology Directorate 5

2.5 The Technical Unit for Mining Coordination and Planning 6

3 The Congolese Mining Industry – Governing Laws 7

3.1 Mining Code: Law No 007/2002 7

3.1.1 Environmental Impact Study (EIS) 7

3.1.2 Mitigation and Rehabilitation Plan (MRP) 7

3.1.3 Environmental Management Plan of the Project (EMPP) 7

4 The Congolese Mining Industry – Mining Licenses 8

4.1 Exploration Licenses 8

4.2 The Exploitation License 8

5 The Congolese Mining Industry – Mining Rights and Obligations 9

5.1 Rights 9

5.2 Obligations 9

6 The Congolese Mining Industry – Key Fiscal Terms 10

6.1 Royalty 10

6.2 Corporate Income Tax 10

6.3 Property Tax 10

6.4 Tax on Vehicles 10

6.5 Depreciation 10

6.6 Loss Carry forward 11

6.7 Withholding Tax 11

6.8 Exceptional Tax on Expatriates’ Salaries 11

6.9 Value Added Tax (VAT) 11

7 Appendix 12

7.1 What is this Report About? 12

7.2 Methodology 12

7.3 Secondary Research 12

7.4 Primary Research 12

7.5 Contact GlobalData 13

7.6 About GlobalData 13

7.7 GlobalData’s Services 14

7.8 Disclaimer 15

List of Tables

Table 1: The Mining Industry in the Democratic Republic of the Congo – Fiscal Regime Terms and Other Taxes, 2014 1

Table 2: The Mining Industry in the Democratic Republic of the Congo – Royalty Rate (%), 2014 10

List of Figures

Figure 1: The Mining Industry in the Democratic Republic of the Congo – Commodity Mines at Different Stages 1

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