MALI Law and Practice Contributed by: Fabiola Andriamalala and Felana Ranaivoson, John W Ffooks & Co
John W Ffooks & Co Hamdallaye ACI 2000 Bamako Place CAN Mali Tel: +22 133 825 8482 Email: Mali@JWFLegal.com Web: www.jwflegal.com
1. Mining Law: General Framework 1.1 Main Features of the Mining Industry The mining industry in Mali is a vital part of the country’s economy. Mali is Africa’s third-largest gold producer, after South Africa and Ghana, and the 13th-largest in the world, with 65 tons of gold produced in 2023. The mining industry is diversifying with the development of lithium extraction, particularly via the Goulamina lithium project. Legislative amendments, including the revised Mining Code of August 2023, allow the govern - ment to hold up to 10% equity in new projects, with the option to buy an additional 20% dur - ing the first two years of operation. A 5% stake can be ceded to locals, taking state and private Malian interests in new projects to 35%, up from 20% today, and certain tax exemptions have been abolished. Mali is exploring strategies to align the min - ing industry with global carbon net-zero goals, which remain under development.
1.2 Legal System and Sources of Mining Law The legal system in Mali is mainly influenced by French civil law. The latter is characterised by the codification of laws. In this regard, the mining legislation is written and incorporated in a code (ie, Law No 2023-040, dated 29 August 2023, relating to the Mining Code of the Republic of Mali and implemented by Decree No 2023-0401, dated 22 July 2023, and Law No 2023-041 relat - ing to the local mining sector, together consti - tuting the regulatory framework of the mining industry in Mali). The main sources of mining legislation in Mali are:
• international treaties; • the Transition Charter; • the Investment Code; • the Territorial Collectivity Code; • local laws; • the Labour Code; • land and property law; and • environmental laws and regulations.
292 CHAMBERS.COM
Powered by FlippingBook