Mining 2026

GUINEA Law and Practice Contributed by: Sarah Razafindrafito and Tiavina Rakotonaivo, John W Ffooks & Co

1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The Guinean mining sector is based on a concentra - tion of mineral resources recognised as one of the largest in the world, including bauxite, iron ore, gold and diamonds, as well as significant uranium, graph - ite, copper and petroleum deposits. The mining indus - try contributes between 12% and 15% of Guinea’s gross domestic product (GDP) through a range of operations. The Republic of Guinea has significant mining poten - tial, which is considered to be one of the levers of the national economy. As such, the mining sector has been placed at the centre of a vast and far-reaching reform process aimed at strengthening its impact on the national economy. To this end, since 2011, the government of the Republic of Guinea has undertaken a series of reforms in the mining sector to ensure that the country’s natural mining resources contribute sus - tainably and effectively to the country’s economic and social growth. Among the main reforms undertaken in this area is the reform of the legal, administrative and institutional framework. 1.2 Legal System and Sources of Mining Law As a former French colony, the Republic of Guinea’s legal system largely derives from civil law. The following laws and regulations are the main sourc - es of mining legislation in Guinea. • Law No L/2011/006/CNT, dated 9 September 2011, enacting the Mining Code of the Republic of Guinea (the “Mining Code”). • Law L/2013/No 053/CNT, dated 8 April 2013, amending the Mining Code. • Decree No D/2011/112/PRG/SGG, dated 11 April 2011, allocating and organising the Ministry of Mines and Geology. • Decree No D/2012/041/PRG/SGG, dated 26 March 2012, on the creation, attribution and functioning of the National Mining Commission. • Decree No D/2014/013/PRG/SGG on the applica - tion of the financial provisions of the Mining Code. • Decree No D/2014/012/PRG/SGG on the manage - ment of mining permits and licences.

• Decree No D/2015/007/PRG/SGG, dated 14 Janu - ary 2015, establishing a system for the accelerated processing and monitoring of integrated mining project files. • Order No A/2016/5002/MMG/SGG, introducing a new cadastral procedure. • Joint Order No A/2018/5212/MEF/MMG/MB/ MATD/SGG, dated 13 July 2018, implementing Article 165 of the Mining Code. 1.3 Ownership of Mineral Resources In the Republic of Guinea, mineral resources are the property of the state. Indeed, the Mining Code pro - vides that mineral or fossil substances contained in the subsoil or existing on the surface are, within the territory of the Republic of Guinea, the property of the state and may not be subject to any form of private appropriation, except as provided for otherwise in the Mining Code and in the Code on Private and State- Owned Land ( Code Foncier et Domanial ). 1.4 Role of the State in Mining Law and Regulations The Guinean state has the role of an owner-operator. In this regard, the state may engage in any mining activity on its own behalf, either directly or through a public limited company responsible for the manage - ment of a mining patrimony. Since the enactment of the Mining Code, the grant of a mining exploitation title immediately gives the state an ownership interest, at no cost, of up to a maximum of 15% in the capital of the company holding the title. 1.5 Nature of Mineral Rights While an exploration permit ( permis de recherche ) confers on its holder the exclusive right to prospect a type of mineral substance, an exploitation permit ( per- mis d’exploitation ) confers on its holder the exclusive right to explore, exploit and freely dispose the min - eral substances for which it has been granted, within the limits of its perimeter and without limitation as to depth. This means that mineral rights typically derive from an exploitation permit that has been granted in accordance with the provisions of the Mining Code. A mining concession can also be granted, conferring on its holder the exclusive right to carry out within its

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