RWANDA Law and Practice Contributed by: Aimery de Schoutheete and Penina Ngabire, Liedekerke Great Lakes
Progression from Exploration to Mining The holder of an exploration licence receives the “first-in-time right” to apply for another ML on any portion of the exploration licence area where a mineral deposit is discovered, upon fulfilling the required conditions for that ML. On that basis, the holder of an exploration licence can apply to the RMB to add a newly discov - ered mineral to the existing exploration licence. It can also apply to the RMB to obtain a mining licence to start mining operations for the discov - ered minerals. Maintenance of MLs Compliance with legal and contractual obliga - tions is all that is required to maintain the mineral rights. This includes compliance with health and safety standards, the payment of annual fees which vary according to the type of ML and, for mining licences, the size of the mining operation (small, medium or large scale). Suspension and Cancellation of MLs There is no room for arbitrary suspension or cancellation of MLs, as the 2024 Mining Law and the agreements between the RMB and the LH identify the limited grounds on which such a decision can be taken by the RMB. The RMB must also give 30 days’ notice, before issuing a suspension or cancellation, for the LH to remedy any outstanding breaches. Transfer of MLs A LH may transfer its ML, subject to several con - ditions, including obtaining the prior authorisa - tion of the RMB. Such transfer may be subject to duty and taxes.
national interests”, authorise another person to carry out operations on an area already covered by a licence if it is for the exploration of other types of minerals. • An exploration licence is valid for an initial period not exceeding four years. It carries a positive obligation to start exploration activi - ties within 90 days from the date of issuance of the licence and does not allow for the com - mercial extraction of minerals (although it is possible to obtain a special permit to export minerals discovered during exploration work). An exploration licence may be renewed once for a period not exceeding four years, during which the LH may be required to relinquish part of the licensed area. • A mining licence is valid for an initial period that cannot exceed 15 years and carries a positive obligation to start mining operations within 180 days from the date of issuance of the licence. The holder of a mining licence can process and export their product them - self (without a processing or trading licence), provided that only the minerals covered by the licence and coming from the licensed area are processed and/or exported. To export the minerals, the holder must also obtain an export permit from the RMB. A mining licence may be renewed more than once for a period not exceeding 15 years, upon fulfilment of the requirements provided in the 2024 Mining Law. • All transactions must be carried out at arm’s length, that is, at the price determined by the international market. If minerals are sold below that price, the RMB or the tax authori - ties may refer to the price used on the inter - national market to determine the value of the minerals sold.
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