GUINEA Law and Practice Contributed by: Kanto Andrianjakamanantsoa and Tiavina Rakotonaivo, John W Ffooks & Co
John W Ffooks & Co Immeuble Fellah 4ème Étage Kipé-Centre Emetteur En Face du Collège Kipé, Commune de Ratoma Guinea Tel: +22 133 825 8482 Email: Guinea@JWFLegal.com Web: www.jwflegal.com
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The Guinean mining sector is based on a con - centration of mineral resources recognised as one of the largest in the world, including bauxite, iron ore, gold and diamonds, as well as significant uranium, graphite, copper and petroleum deposits. The mining industry con - tributes between 12% and 15% of Guinea’s gross domestic product (GDP) through a range of operations. The Republic of Guinea has significant mining potential, 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 econo - my. 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 contrib - ute sustainably 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 frame - work.
1.2 Legal System and Sources of Mining Law As a former French colony, the Republic of Guin - ea’s legal system largely derives from civil law. The following laws and regulations are the main sources of mining legislation in the Republic of Guinea: • Law No L/2011/006/CNT, dated 9 Septem - ber 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 Commis - sion; • Decree No D/2014/013/PRG/SGG on the application of the financial provisions of the Mining Code; • Decree No D/2014/012/PRG/SGG on the management of mining permits and licences; • Decree No D/2015/007/PRG/SGG, dated 14 January 2015, establishing a system for the
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