Open: Monday – Friday | 09:00 am – 06:00 pm

cabkin@cabmuamba.org

+(243) 85 918 28 58

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practice areas

natural resources law

In general, Africa, and the Democratic Republic of Congo in particular, has enormous potential in energy and mineral resources. In addition to its impressive flora and fauna, the DRC has one of the world’s largest areas of forest and top soil.

The DRC’s subsoil is rich in minerals and metals such as diamonds, gold, copper, cobalt, cassiterite (tin ore), lithium, coltan, etc.

The DRC has more than half of the world’s reserves of the rare and highly coveted mineral cobalt, which is essential for the manufacture of many high-tech objects and for the energy transition.  

All these natural resources represent a business opportunity that attracts many national and international investors. 

The DRC, as well as most African states, have accelerated the production of legislation (laws, decrees, orders, etc.) in order to regulate and develop the potential of this highly strategic sector. This increase in standards exposes economic actors in this sector to the hazards of a complex law. It is therefore necessary to understand the legal rules governing the activities of this sector.

In order to best respond to the many issues raised by this ever-changing legal environment, our lawyers and specialists in natural resources law have a long-established practice in natural resources and advise governments, investors and in-house companies from the inception of their strategic projects, through to their implementation and monitoring of their consequences.

We are also constantly following the development of recent reforms that influence the daily economic activities of this sector.

We offer comprehensive legal advice and support in the main areas of natural resources law, including:

The mining sector was historically one of the first activities deployed by the firm. Although the firm’s field of intervention has since diversified considerably, its activity in the mining sector has also expanded thanks to the trust placed in it by the largest mining operators.

Drafting of mining contracts

The firm acts as legal counsel in the negotiation and drafting of mining contracts such as mining agreements, mining rights farm-out contracts, transfer contracts (total or partial transfer, transfer in case of merger or death),  partnership contracts (joint ventures) for the operation of mining projects, option contracts for mining exploration, contracts relating to mining securities (mining mortgages, pledges), contracts for financing mining projects between mining rights holders and external lenders and subcontracting contracts.

Acquisition and upholding of mining rights and titles

Our lawyers, who are familiar with the intricacies of the mining code and regulations and the functioning of the institutions involved in the management of the mining sector, in particular the Mining Registry “CAMI”, the Directorate of Mines and the Directorate of Geology, have the privilege of better serving our clients in all procedural matters relating to the granting, the renewal, conversion, renunciation (total or partial), extension, transfer (assignment, farm-out, transmission, option contract) of mining and quarrying rights, the relocation of populations living on mining sites and their resettlement.

Construction of mining infrastructure

Dialogue with local communities affected by mining projects.

Due Diligence

At the request of our clients, we carry out due diligence on the validity and compliance of exploration permits, mining permits and Tailings permits. We also carry out comprehensive due diligence on the validity of the formation and existence of joint venture companies created with a view to mining deposits, as well as the analysis of the compliance of their mining agreement.

Production and commercialization

We assist our clients in the production and marketing of mineral substances extracted under mining rights and/or quarries and/or any products made from these substances, in concentration, treatment or processing plants for commercial purposes, with the following procedures.

Litigation and arbitration

In its dual capacity as a law firm and as a mining and quarrying agent, the firm assists and represents its clients in all disputes relating to the management of mining rights and titles before administrative, judicial and arbitration bodies.

Environmental protection

Mining activities carried out by mining and quarrying titleholders are extractive industries that affect the ecosystem and surrounding populations. Mining and quarrying titleholders shall to comply with environmental regulations before engaging in mining activities.

In close cooperation with specialized engineering offices, we assist our clients in obtaining administrative authorizations and regulatory audits that may be required, as well as in drafting the corresponding documentation.   

Closing of the mine

At the end of mining or quarrying activities, mining and quarrying titleholders are required to carry out certain measures relating to the closing of the operation sites. 

We offer our clients (operators, governments, institutions and lenders) a wide range of expertise to assist them in managing the full range of legal issues arising from the exploitation of oil and gas.

We routinely assist oil, gas and energy companies in the granting of hydrocarbon rights for exploration and exploitation purposes, as well as in obtaining all the necessary authorizations and licenses for their activities, such as the marketing, transport and storage of petroleum products.

We draft and review agreements such as the Production Sharing Contract (PSC) with the government, MoUs for data acquisition and evaluation. In the event of litigation, we represent our clients before national and international courts.

Industrial companies in all sectors of activity, real estate players (development, promotion, asset management, etc.), financial institutions and other project developers are increasingly faced with environmental issues. For these operators, the demanding and complex environmental legislation can be a synonym for legal constraints, costs, administrative red tape and multiple risks.

The lawyers and jurists of the environmental department advise and defend the interests of their clients before the courts, the authorities and their economic partners.

Our objective: to prevent risks, to secure the activity, to facilitate projects and to allow the manager to seize all the opportunities offered by the environment law. To do this, we support companies at each stage of their project and choose the solutions best suited to their economic interests.

Our expertise in agricultural law has been acquired over the years through nationally important cases.

Our team of lawyers advises and assists companies or large international industrial groups in setting up their business in connection with the development of their agricultural activities.

For several years now, our team of lawyers has developed a strong expertise in the interpretation and application of forest and agricultural legislation, as well as in the granting of forest and agricultural land use rights, including forest and agricultural concessions, and in the fulfilment of obligations arising from forest and agricultural legislation and, above all, in the compliance with environmental standards, the negotiation of joint venture agreements and financing agreements…

The firm advises and assists its clients in administrative procedures relating to the granting of production and distribution permits subject to water legislation (legal analysis of files, assistance in complex procedures, assistance in obtaining wastewater discharge permits), and in the management of conflicts with public water and sanitation services.

SEE ALSO

Natural resources

ENERGY & INFRASTRUCTURE

Bank, Finance & Insurance

Trade & Industry

Family & Individuals