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Mining Law & Regulations

Government reforms and capacity building projects have facilitated mining investment in Mauritania.


NEW MINING CODE

2 STAGES: EXPLORATION and EXPLOITATION 

The 1999 Mining code was reviewed in 2008 so as to take into consideration lessons learnt over the past ten years and maintain it at the same time competitive and attractive to mining investors 

Exploration: Exploration tenements are granted on the basis of “first come first served” to applicants for a period of three years, renewable twice for same duration (overall 9 years for the exploration); 

Mining: Provided that the owner has sufficient technical and financial capacities, granted to an exploitation company established in Mauritania for thirty years and renewable many times for duration of ten years per period. 

Framework

EXPLORATION EXPLOITATION  MINING CODE 

In addition two main changes were brought in the mining law (by law n°2009-026 of April 7, 2009) as follows: 

1) The principle of overlapping of mining tenements is restored as far as it refers to different groups of mineral substances (likewise the 1999 Mining Law); 

2) The State participation in the capital of any exploitation company is from now on considered to better accompany the project implementation like in most West African countries: In this respect, there is a 10% free equity and an option for acquiring a maximum of 10% cash participation in the exploitation company. 

CUSTOMS REGIME: 

Total exemption during the exploration period taking into account sub-phases of exploration, instalment and production either preliminary or normal 

FISCAL REGIME :  ACCOUNTING PROCEDURES 

Take into consideration present and future environmental requirements as well as the closure of a mine 

MINING CODE Mining tenements can be transferred. Stability and guaranty of fiscal and legal conditions related to mining tenements. Arbitration: member of the Washington convention dated of 18 March 1965. Flexible exchanges procedures 

Framework MODEL  

MINING CONVENTION The mining code is complemented by a model mining convention to be up dated soon in compliance with the new regulations provided in the mining code; Competitive legal and fiscal framework with attractive fiscal and customs terms; The fiscal and customs regime stabilized and secured over the duration of the mining tenement; Industrial quarries will benefit from the provisions of the model mining convention; All fiscal and customs rights and taxes are gathered and presented in a unique document