Instructions on Registration of Mining Rights Holders, Mineral Processing and Transformation Entities, and Artisanal Mineral Trading Counters

BANQUE CENTRALE DU CONGO

Kinshasa, le Gouv. N° 000172

LE GOUVERNEUR

INSTRUCTIONS ON REGISTRATION:

• OF HOLDERS OF MINING RIGHTS
• OF ENTITIES FOR THE PROCESSING OF MINERAL SUBSTANCES
• OF ENTITIES FOR THE TRANSFORMATION OF MINERAL SUBSTANCES
• OF PURCHASE AND SALE COUNTERS FOR ARTISANAL MINING MINERAL SUBSTANCES.

Considering Ordinance-Law No. 67/272 of June 23, 1967, defining the regulatory power of the Central Bank of Congo in matters of exchange,

Considering Decree-Law No. 005 of May 7, 2002, on the organization and functioning of the Central Bank of Congo,

Considering Law No. 007/2002 of July 11, 2002, on the mining code, and in accordance with Article 6, item 12 of Ministerial Order No. 3136 / CAB.MIN.MINES/01/2007 of August 11, 2007,

I. PRINCIPLES

The following must register with the Central Bank of Congo:

• Holders of mining rights;
• Entities for the processing of mineral substances;
• Entities for the transformation of mineral substances;
• Purchase and sale counters for artisanal mining mineral substances.

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Companies holding mining rights, entities for the processing of mineral substances, entities for the transformation of mineral substances, as well as purchase and sale counters for artisanal mining mineral substances that are registered, are required to inscribe their registration number on all documents belonging to them.

II. FORMALITIES

Registration with the BCC must be requested by a letter of application addressed to the Central Bank of Congo / Foreign Services Directorate before introducing the application for approval to the Ministry of Mines;

The application for registration must, as the case may be, be accompanied by the following supporting documents:

• a copy of the deed of incorporation and any modifications made thereto, or documents serving in lieu thereof;

• a copy of the registration in the New Commercial Register and the letter of Reconfirmation of the National Identification Number;

• proof of payment of file fees at the BCC counters;

• the title, the number of the main account opened abroad, and its domiciliary bank.

The file fees for registration are set at USD 100.00, payable at the BCC counters.

The BCC notifies the applicant of the registration number assigned to them by separate letter.

The validity of the registration number is linked to that of the approval.

The withdrawal of approval by the Ministry of Mines entails the withdrawal of registration with the BCC.

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III. TRANSITIONAL PROVISIONS

With a view to regularizing their administrative status, the various persons concerned by the aforementioned provisions and already operational are required to request their registration within a maximum period of two months from the date of the present instructions.

A register of registered entities will be the subject of periodic publication which will be communicated to the Ministry of Mines.