Mining 2026

ANGOLA Law and Practice Contributed by: João Afonso Fialho and Marizeth Vicente, VdA

Although most investment has been directed to dia - monds, investors have also been showing interest in other minerals, such as gold, copper and rare earth minerals. The government is also determined to promote local beneficiation. The launch of the Saurimo Diamond Development Pole set the cornerstone for this ven - ture. With an initial investment of around USD77 mil - lion, the pole covers an area of more than 300,000 metres in the eastern province of Lunda Sul, and includes diamond-cutting facilities as well as training centres and shopping facilities. 1.2 Legal System and Sources of Mining Law Angola has a civil law legal system. The Mining Code, approved by means of Law 31/11 of 23 September 2011, contains most of the rules gov - erning the mining industry and mineral operations, from exploration to processing and marketing of all types of minerals. In addition to the Mining Code, other legal statutes govern the mining sector – notably, the following: • Law No 8/24 of July 3rd, the Law to Combat Illegal Mining Activity; • Presidential Decree No 51/24 of February 6th, which approves the Regulation on the Exercise of Activities for the Exploration of Mineral Resources, Oil and Gas in Conservation Areas; • Presidential Order No 39/24 of January 26th, which creates the National Observatory to Combat Illegal Immigration, Exploitation and Illicit Trafficking of Strategic Mineral Resources; • Angolan National Bank Order No 2/23 of February 9th, which approves the foreign exchange regime applicable to the mining sector; • Joint Executive Decree 536/22 of October 25th, which approves the fees and charges applicable to the mining sector; • Presidential Decree 161/20 of June 5th (as amend - ed by Presidential Decree 6/22 of January 12th), which establishes the National Agency for Mineral Resources;

• Presidential Decree 143/20 of May 26th, which approves the Governance Model for the Mining Sector; • Presidential Decree 85/19 of March 21st (as amended by Rectification 18/19 of June 28th), which approves the regulations for semi-industrial mining of diamonds; • Presidential Decree 35/19 of January 31st (as amended by Rectification 11/19 of 8 May 2019), which approves the technical regulations for the marketing of rough diamonds; • Presidential Decree 175/18 of July 27th, which approves the new diamonds marketing policy; • Executive Decree 346/17 of July 14th, which sets forth the criteria for delimitation of concession areas for exploitation of construction materials; • Joint Executive Decree 316/17 of June 27th, which approves the list of equipment (for use in explora - tion and mining activities) exempted from customs duties and fees; • Presidential Decree 231/16 of December 8th, which classifies rare metals and rare earth elements as strategic minerals; • Presidential Decree 158/16 of August 10th, which sets forth administrative offences and relevant penalties; and • Order 255/14 of January 28th, of the Ministry of Geology and Mines, on monitoring of posting of bonds and payments of surface fees and royalties under the Mining Code. 1.3 Ownership of Mineral Resources Under the Angolan Constitution, natural resources are the property of the State. The rules for awarding and exercise of mineral rights are mainly governed under the Mining Code (approved by the Angolan National Assembly), which emphasises that all the mineral resources found in the soil, subsoil, territorial sea, continental shelf, exclusive economic zone and other areas of the territorial or maritime domain under the jurisdiction of the Republic of Angola are originally owned by the State. Minerals and mining products mined and extracted in accordance with the rules of the Mining Code and ancillary legislation become the property of the hold - ers of the relevant exploration and mining titles.

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