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Burkina Faso

Legislation

  • Mining Code 2015
  • Decree on the Management of Mining Titles and Authorisations 2017
  • Environment Code 2003

Regulatory Risk Rating

Moderate
Regulatory Risk

Regulatory Corruption Risk

Moderate
Regulatory Corruption Risk

Corruption Exposure Risk

Very High
Corruption Exposure Risk
Regulatory Risk Rating Factors Risk Level
First Come / First Serve Subscribe
Application Criteria Subscribe
Duration Subscribe
Right to Renew Subscribe
Competing Licences Subscribe
Mineral Coverage Subscribe
Right to Mine Subscribe
Criteria for Mining Rights Subscribe
Tenure Subscribe
Surface Rights Subscribe
Government Take Subscribe
Transfer Rights Subscribe
Change of Control Subscribe
EIA Process Subscribe
Power to Revoke Subscribe
Age of Legislation Subscribe
Other Factors Subscribe

Burkina Faso’s 2015 Mining Code does an admiral job of balancing the interests of investors, country and community. The main flaw is a lack of protection of security of tenure and the uncertainty around the obtainment of exploitation rights – considerable concerns indeed but ones which are unlikely to be major deterrents to investment when considered in combination with the relatively mining friendly policies of the country. It seems that one who follows the obligations and requirements of the law can be relatively assured of project success, and the jurisdiction remains one of the lower risk options for investors on the African continent.

Contents

Legislation

  • Mining Code 2015
  • Decree on the Management of Mining Titles and Authorisations 2017
  • Environment Code 2003

Regulatory Risk Rating

Moderate
Regulatory Risk

Regulatory Corruption Risk

Moderate
Regulatory Corruption Risk

Corruption Exposure Risk

Very High
Corruption Exposure Risk
Regulatory Risk Rating Factors Risk Level
First Come / First Serve Subscribe
Application Criteria Subscribe
Duration Subscribe
Right to Renew Subscribe
Competing Licences Subscribe
Mineral Coverage Subscribe
Right to Mine Subscribe
Criteria for Mining Rights Subscribe
Tenure Subscribe
Surface Rights Subscribe
Government Take Subscribe
Transfer Rights Subscribe
Change of Control Subscribe
EIA Process Subscribe
Power to Revoke Subscribe
Age of Legislation Subscribe
Other Factors Subscribe

Overview

Burkina Faso is recognised as the fourth largest gold producer in Africa. In addition to gold, the country is also known to produce zinc, copper, cement, dolomite, granite, marble, phosphates, pumice, manganese and limestone. The country’s mining industry has expanded considerably over the last 20 years – both at an industrial level and at the artisanal level. Industrial growth has been attributed to focused efforts to improve the sector for the purposes of attracting foreign investment. The privatisation of State-owned enterprises began in the late 1990s; in 2003 and 2004 the country’s Mining Code and Investment Code were reformed with a focus on attracting greater FDI – particularly in gold exploration. A successful period of development of numerous mines ensued, with the international investment community noting a lack of undue government interference during this time, which further contributed to positive perceptions of the country as a mining destination. As with many African jurisdictions, more legal reform was undertaken in 2015 with a focus on increasing government benefits from the industry. Though such reform may have resulted in a slightly less attractive framework for investment, the 2015 Mining Code still strikes a good balance between investor and country and has ensured that the country’s mining industry remains a strong option for exploration and mining companies. The economic reliance on gold means Burkina Faso’s economy is heavily influenced by shifts in commodity prices. Other challenges include the impact of political instability in Mali, insufficient energy supplies and inadequate transportation.

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