Last Updated January 30, 2019

Law and Practice

Contributed By GENI & KEBE

Authors



GENI & KEBE GENI & KEBE is Senegal’s oldest law firm, having been established in 1912. It has three offices in Senegal and one in Côte d’Ivoire. GENI & KEBE’s lawyers are qualified to practise in the 17 states of the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the firm is also a member firm of DLA Piper Africa. Mining law is a major sector for the firm, given its significance to African economies. It advises a wide range of mining operators in relation to exploration licences, regulatory compliance, government relations, risk mitigation and environmental approvals. The advice also covers related corporate issues, such as project finance, tax, land acquisition and litigation, including on cross-border projects. GENI & KEBE is the only law firm with an office in the first mineral region of Senegal (Tambacounda), to assist its mining clients located there.

The mining industry is mainly regulated by the following rules:

  • Law No 2016-32, dated 8 November 2016, on the Mining Code;
  • Decree 2017-459, implementing Law No 2016-32 on the Mining Code;
  • Decree 2009-1335 of 30 November 2009, establishing the terms and conditions for the supply and operation of the mine site rehabilitation fund;
  • Law No 2003-36 of 24 November 2003 on the Mining Code and its implementation decree (these acts are replaced by Law No 2016-32 but are still applicable to mining rights issued before its abrogation in accordance with the stability principle);
  • Decree No 2009-1334 of 30 November 2009, establishing the rate and the distribution modalities of the Equalisation and Support Fund for local authorities;
  • Decree No 2015-1879 of 16 December 2015, amending Decree No 2009-1334 of 30 November 2009, establishing the rate and method of distribution of the Equalisation and Support Fund for local authorities;
  • Decree No 2013-381, dated 20 June 2013, establishing the national committee of the Extractive Industries Transparency Initiative;
  • Order No 009249 of 14 June 2013 on the organisation of Gold panning activity in Senegal;
  • Order No 9468 MJEHP/DEEC of 28 November 2001 regulating the participation from the public to the environmental impact assessment
  • Regulation No 18/2003/CM/WAEMU, dated 22 December 2003, enacting the West African Economic and Monetary Union (WAEMU) Mining Code; 
  • Directive C/Dir3/D5/D9 on the harmonisation of guiding principles and policies in the mining sector enacted by the Economic Community of West African States (ECOWAS);
  • Law No 2001-01 of 15 January 2001 on the Environmental Code;
  • Law No 2012-31 of 31 December 2012 on the General Tax Code;
  • Law No 2012-32 of 31 December 2012, amending various legislative provisions relating to tax regimes;
  • Law No 2018-10 of 30 March 2018, amending certain provisions of the General Tax Code;
  • Law No 2013-10 of 28 December 2013 on the General Code of Local Authorities; and
  • the Standard Mining Convention, passed in the application of Law No 2016-32 of 8 November 2016 on the Mining Code.
GENI & KEBE

47, Boulevard de la République
Immeuble Sorano, Dakar, 15023
Postal Address : BP 14392, Dakar, Sénégal

+221 33 821 1916

+221 33 842 62 75

info@gsklaw.sn www.gsklaw.sn
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Authors



GENI & KEBE GENI & KEBE is Senegal’s oldest law firm, having been established in 1912. It has three offices in Senegal and one in Côte d’Ivoire. GENI & KEBE’s lawyers are qualified to practise in the 17 states of the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the firm is also a member firm of DLA Piper Africa. Mining law is a major sector for the firm, given its significance to African economies. It advises a wide range of mining operators in relation to exploration licences, regulatory compliance, government relations, risk mitigation and environmental approvals. The advice also covers related corporate issues, such as project finance, tax, land acquisition and litigation, including on cross-border projects. GENI & KEBE is the only law firm with an office in the first mineral region of Senegal (Tambacounda), to assist its mining clients located there.

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