MALI Law and Practice Contributed by: Fabiola Andriamalala and Felana Ranaivoson, John W Ffooks & Co
Mining Code of 2023 includes provisions that emphasise environmental protection and the need for mining projects to integrate climate- related strategies. 3.3 Sustainable Development Initiatives Related to Mining Mali has adopted a new vision that integrates mining activities into a sustainable development framework. This includes social, economic and environmental dimensions, with a focus on min - ing communities and regions. Mining is now seen as an integral part of the national economy. The Decennial Programming Law (2018–28) will define a clear policy for the development of the mining and petroleum sectors, outlining stake - holders’ responsibilities. 3.4 Energy-Transition Minerals In Mali, there is currently no specific legislation targeting energy-transition minerals like lithium, cobalt, rare earths or copper. However, the gov - ernment is exploring policies to promote their exploration and exploitation due to rising global demand. Initiatives include developing untapped mineral resources and attracting foreign invest - ments in these energy-transition minerals. These efforts are part of a strategy to diversify the min - ing economy beyond gold. 4. Taxation of Mining and Exploration 4.1 Mining and Exploration Duties, Royalties and Taxes Research permit holders must pay an annual surface fee. They are exempt from all value added tax. Companies engaging in exploration and mining are subject to the following taxes, inter alia:
• housing tax; • social security contributions and charges payable by employees; • tax on insurance contracts; • registration fees; • contribution to the import verification pro - gramme; and • stamp duty in case of intention to export min - ing products. Furthermore, a mining company with an operat - ing licence that produces more than 30% of the quantity specified in the feasibility study produc - tion schedule must pay an overproduction fee. Mineral products are subject to a special tax on certain products ( impôt spécial sur certains pro- duits) and ad valorem tax. The taxable base of special tax on certain products is tax-free turno - ver whereas that of the ad valorem tax is the valued production. 4.2 Tax Incentives for Mining Investors and Projects Operating licence holders benefit from a reduc - tion in the rate of tax on industrial and commer - cial profits tax, or corporate tax, to 25% over a period of three years, starting from the date of first commercial production. 4.3 Transfer Tax and Capital Gains on the Sale of Mining Projects The transfer or sale of a mining project is subject to capital gains in Mali. 5. Mining Investment and Finance 5.1 Attracting Investment for Mining Mali provides attractive fiscal incentives, includ - ing exemptions during exploration phases:
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