Democratic Republic of Congo
Legislation
- Mining Code 2002 (as amended in 2018)
- Mining Regulations 2003 (as amended in 2018)
Regulatory Risk Rating
Regulatory Risk
Regulatory Corruption Risk
Regulatory Corruption Risk
Corruption Exposure Risk
Corruption Exposure Risk
| Regulatory Risk Rating Factors | Risk Level |
|---|---|
| First Come / First Serve | Subscribe |
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| Competing Licences | Subscribe |
| Mineral Coverage | Subscribe |
| Right to Mine | Subscribe |
| Criteria for Mining Rights | Subscribe |
| Tenure | Subscribe |
| Surface Rights | Subscribe |
| Government Take | Subscribe |
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The DRC has proven to be a problematic jurisdiction in which to invest, as corruption is present and requires a very powerful and visible force to counter. Most of the risk is seen to be political rather than legal and tends to arise through a combination of either skilful tactics or the rudimentary blunt edge of government power, however pockets of discretion in the law certainly leave the door ajar for corrupt practices to enter. The 2018 amendments to the regulatory framework were extensive, resulting in a law and regulations which run to over 600 pages. The onus on the mining sector is considerable and whilst an effort has been made to incorporate international norms and practices, one would be wise to question whether the government has the capacity and resources to implement and enforce the legislation in its current form.
Contents
Legislation
- Mining Code 2002 (as amended in 2018)
- Mining Regulations 2003 (as amended in 2018)
Regulatory Risk Rating
Regulatory Risk
Regulatory Corruption Risk
Regulatory Corruption Risk
Corruption Exposure Risk
Corruption Exposure Risk
Overview
The DRC has vast natural resource wealth and holds the world’s largest deposits of copper and cobalt. Mining is a major economic contributor – responsible for around 30% of GDP and more than 90% of export revenue. Article 9 of the Constitution provides that the State has permanent sovereignty over the soil, subsoil, water, forests, air spaces, rivers, lakes and sea and continental shelves. In addition, Article 3 of the MC states that “deposits of mineral substances, including artificial deposits, underground water and geothermal deposits on surface or in the sub-soil or in water systems […] are the exclusive, inalienable and imprescriptible property of the State, based on his sovereignty over natural resources.” Widespread corruption and a lack of transparency, as well as substantial civil conflict and political instability, have impeded the development of the mining industry, though numerous major mining companies have assets in the region. At the time of writing, the situation in the eastern regions of the country is critical, with communities forced to flee the to escape rebel fighting and armed conflict. The government introduced a four-month cobalt export ban in 2025 to deal with market surplus and low prices.
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