{"id":139722,"date":"2026-04-21T13:27:47","date_gmt":"2026-04-21T13:27:47","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=139722"},"modified":"2026-04-21T13:27:47","modified_gmt":"2026-04-21T13:27:47","slug":"senegal-mining","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/senegal-mining\/","title":{"rendered":"Senegal: Mining"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-139722","comparative_guide","type-comparative_guide","status-publish","hentry","guides-mining","jurisdictions-senegal"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Houda Law Firm<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/12\/houda.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Houda Law Firm<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/12\/houda.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Mining laws and regulations applicable in Senegal<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Legal framework for mining<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Senegal&#8217;s subsoil contains a wide variety of mineral resources: iron, gold, copper, lithium, chromium, alumina phosphates, ceramic and industrial clays (attapulgite), limestone, ornamental stones (marble, granite, etc.), heavy minerals (ilmenite, zircon, rutile), extra-siliceous sands (glass-making sand), manganese, diatomaceous earth, sand, rock salt, etc.<\/p>\n<p>Senegal boasts significant mining potential, but only phosphates and their derivatives (acids and fertilizers), construction materials (stone bricks, cement, clay, aggregates, gypsum, sand and gravel) have so far dominated the sector. Gold mining has been underway in Senegal for several years now<\/p>\n<p>The State of Senegal, through the the Ministry of Energy, Petroleum and Mines.<\/p>\n<p>grants all the mining titles and regulates the mining sector.<\/p>\n<p>The legal system is civil law.<\/p>\n<p>The main national sources are the following:<\/p>\n<ul>\n<li>Law n\u00b0 2016-32 of 8 November 2016 on the Mining Code<\/li>\n<li>Decree 2017-459 establishing the modalities of application of the mining code<\/li>\n<li>Law n\u00b02020-31 creating a national company called &#8220;Soci\u00e9t\u00e9 des Mines du S\u00e9n\u00e9gal&#8221; (SOMISEN SA)<\/li>\n<li>Decree n\u00b02021-08 of 6-1-2021 approving the statutes of the national mining company SOMISEN<\/li>\n<li>Law No. 2022-17 on local content in the mining sector<\/li>\n<li>Decree n\u00b02015-1879 modifying decree n\u00b02009-1334 of 30 November 2009 creating and fixing the rate and the modalities of distribution of the fund of Equalization and Support to Local Communities<\/li>\n<li>Texts relating to the Mining Sector Support Fund, the Mining Site Rehabilitation Fund<\/li>\n<li>Environment Code of 2001 and its application Decree<\/li>\n<li>Tax Code<\/li>\n<li>Custom Code<\/li>\n<li>Water Code<\/li>\n<li>Forest Code<\/li>\n<\/ul>\n<p>The main international and regional sources are the following:<\/p>\n<ul>\n<li>The African mining vision<\/li>\n<li>Ecowas model law on mining and mineral resources development;<\/li>\n<li>UEMOA mining code<\/li>\n<\/ul>\n<p>Senegal is a signatory to the 1958 New York Convention.<\/p>\n<p>In accordance with Article 96 of the Senegalese Constitution, international conventions must be approved by law in order to be validly ratified and enter into force.<\/p>\n<p>Accession to the New York Convention took place through Law No. 1994\/35 of May 18, 1994, authorizing the President of the Republic to effect Senegal\u2019s accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, concluded in New York on June 10, 1958.<\/p>\n<p>Senegalese courts recognize and execute arbitral awards.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a critical or strategic minerals policy? If so, please provide a brief description.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Senegal does not yet have a formally established policy specifically identifying \u201ccritical\u201d or \u201cstrategic\u201d minerals. However, the Government has taken steps towards developing a more strategic approach. In particular, the Letter of Policy for the Development of the Energy and Mining Sector (LPDSEM 2025\u20132029) outlines the State\u2019s priorities in terms of resource valorisation, local transformation and sector governance.<\/p>\n<p>In addition, in February 2026, Senegal launched a National Strategic Study on Critical Minerals aimed at assessing its geological potential and identifying priority resources, particularly in the context of the global energy transition.<\/p>\n<p>This initiative reflects a growing recognition of the strategic importance of minerals such as lithium, cobalt, nickel and manganese, particularly in the context of the global energy transition. While this study marks an important step towards a more structured approach, a comprehensive and formal policy framework is still under development.<\/p>\n<p>However, a specific and comprehensive policy on critical minerals has yet to be established.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the government in your jurisdiction provide state support for the mining industry (whether in your jurisdiction or abroad), for example by way of grants, loans, revenue support mechanisms or tax incentives?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Senegalese government provides support to the mining industry primarily through indirect measures, rather than through direct financial assistance such as grants or loans.<\/p>\n<p>In particular, mining operators benefit from a range of tax and customs incentives. During the exploration phase, holders of exploration permits are exempt from customs duties, VAT and certain levies on equipment, materials and petroleum products used for mining operations. Similar exemptions apply during the investment phase for exploitation permits, including on equipment, fuel and lubricants. Temporary admission regimes are also available for certain imported equipment.<\/p>\n<p>In addition, the State guarantees the stability of the fiscal and customs regime applicable to exploitation permits throughout the duration of the mining convention. Various legal guarantees are also provided, including non-discrimination, free transfer of funds and the right to export mined substances.<\/p>\n<p>Furthermore, a mining support fund has been established to promote the sector, finance geological research and support State-led initiatives.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investment into the metals and mining [sector\/value chain]? If so, briefly outline the regime, including:  -\tWhich types of investments, investors, and transactions are subject to the restrictions? -\tDoes the acquisition of minority interests fall within the scope of the restrictions? -\tDo the restrictions apply to asset acquisitions? -\tAre there any pending proposals to amend the foreign investment review policy or related legislation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The holders of mining titles are subject to the exchange regulations in force in Senegal. As a result, the constitution of foreign investments in a WAEMU member state and the transfer of investments between non-residents are free. These operations are subject to declaration for statistical purposes to the Directorate in charge of External Finance and to the BCEAO, in the case of direct investments.<\/p>\n<p>Any liquidation of foreign investments, direct or otherwise, which between non-residents and residents, must be reported to the be submitted to the authorised intermediary in charge of the settlement, of the supporting documents of this liquidation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investors repatriating their capital, profits, interest, dividends, or other related returns from mining investments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The legal framework governing mining investments in Senegal derives from the Mining Code (Law No. 2016-32 of 8 November 2016) and Regulation No. 06\/2024\/CM\/WAEMU on external financial relations, together with their implementing texts.<\/p>\n<p>The core principle is the guarantee of free transfer. Foreign investors are entitled to freely transfer abroad all revenues generated from their mining activities, including net profits, distributed dividends, funds allocated to the repayment of external loans, and proceeds from the sale or liquidation of the investment.<\/p>\n<p>However, this freedom is subject to a key requirement: the mandatory repatriation of export proceeds. Mining companies operating in Senegal must repatriate the full amount of revenues from the sale of mineral substances (such as gold, phosphates, zircon, etc) to a licensed bank within the WAEMU area. This must generally be done within 30 days from the contractual payment due date.<\/p>\n<p>In addition, outward transfers are subject to strict administrative control by commercial banks under the supervision of the BCEAO. Supporting documentation, including tax clearance, is required. External loans must be declared and registered within 30 days of disbursement; failure to comply may result in restrictions or blockage of repayment transfers abroad.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on exports of any minerals and metals from your jurisdiction (for example, a ban on export of raw materials or government licenses or quotas required for the export of minerals)? Are there any local beneficiation requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Senegal, there is no general prohibition or quota on the export of minerals and metals. Mineral products may be freely exported by holders of valid mining titles, subject to compliance with applicable administrative and customs formalities.<\/p>\n<p>However, the Mining Code requires that only duly authorised mining operators may export mineral substances, and exports are subject to strict reporting and traceability obligations, including the submission of periodic declarations on quantities, buyers and export values.<\/p>\n<p>There are no mandatory local beneficiation requirements under Senegalese law. However, the fiscal regime provides indirect incentives for local processing through reduced mining royalty rates for minerals that are refined or transformed within Senegal.<\/p>\n<p>Overall, Senegal does not impose export bans, quotas or compulsory local processing obligations, but maintains regulatory oversight over mineral exports.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any tariffs imposed by the government in your jurisdiction on export or import of minerals and metals out of or into your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Senegal, there are no specific export tariffs imposed on minerals or metals as such. Mining title holders are generally free to export mineral products, subject to compliance with applicable regulatory and custom requirements.<\/p>\n<p>As regards imports, mining operators are subject to the common external tariff regime applicable within the West African Economic and Monetary Union (UEMOA) and the Economic Community of West African States (ECOWAS). However, both the regional framework and the Senegalese Mining Code provide for significant customs incentives in favour of the mining sector. In particular, reduced rates or exemptions from customs duties may apply to equipment, materials and petroleum products used in exploration and investment phases.<\/p>\n<p>Certain community levies, such as the ECOWAS Community Levy and the UEMOA Community Solidarity Levy, may nevertheless remain applicable. Overall, the regime is designed to facilitate mining operations rather than impose restrictive tariffs on the sector.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any government or local party requirements for any type of project across the metals and mining value chain in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The State of Senegal, through the Ministry of of Energy, Petroleum and Mines grants all the mining titles and regulates the mining sector. At the exploitation phase, the State of Senegal is granted 10% free of shares interest in the share capital of the exploitation company throughout the life of the mine.<\/p>\n<p>Generally, the State also chooses 2 members of the Board of Directors of the said company. The State in addition to is free of charge participation may negotiate for itself or the national private sector for an additional stake of up to 25% in the share capital of the exploitation company.<\/p>\n<p>Additionally, the new local content regulations requires companies operating in the mining sector depending on their type of activity to partner with local entities (51% owned by Senegalese individuals or legal entities controlled by Senegalese individuals, with 80% of management and 51% of staff being Senegalese).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the legal nature of the mining rights and who owns them.  Can foreign investors own mining assets \u2013 or are JVs with local entities required?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 25-1 of the Constitution provides that:<br \/>\n\u201cNatural resources belong to the people. They are used to improve their living conditions.<\/p>\n<p>The exploitation and management of natural resources must be transparent and in a way that generates economic growth, promotes the well-being of the general population and is environmentally sustainable. The exploitation and management of natural resources must be transparent and generate economic growth, promote the well-being of the general population and be ecologically sustainable. The State and local authorities have an obligation to ensure the preservation of land resources.\u201d<\/p>\n<p>Mineral rights derive from the mining code and are principally the following:<br \/>\n&#8211; Prospecting<br \/>\n&#8211; Exploration<br \/>\n&#8211; Exploitation<\/p>\n<p>The granting of a mineral right generally precedes the signing of a mining convention between the holder of the mining title and the State of Senegal.<\/p>\n<p>Only the exploitation permit confers a real property right distinct from the ownership of the land, registered as such and liable to mortgage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the land tenure in the mining context, e.g.  -\tis the mining tenure separate from land tenure? -\tthe surface land owners\u2019 rights and obligations vis-\u00e0-vis the rights of the owner of the minerals sitting under the surface land (access, compensation etc).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Senegal, mining rights are distinct from land ownership. Under the Constitution, natural resources belong to the people, and their exploitation must be carried out in a transparent and sustainable manner for the benefit of the population. In practice, however, the State exercises control over mineral resources and is responsible for granting mining rights under the Mining Code.<\/p>\n<p>As a result, the grant of a mining title does not confer ownership of the land itself but gives the holder the right to access and occupy the land necessary for mining operations. This includes the right to carry out works, construct infrastructure and use natural resources required for the project, both within and, where necessary, outside the licensed perimeter.<\/p>\n<p>Surface landowners or lawful occupants are entitled to fair compensation for any damage or loss resulting from mining activities. In addition, exploitation permits are generally deemed to be in the public interest, which facilitates access to land where required for mining operations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline regime for granting exploration rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tprocess \/ steps to acquire exploration rights  -\tobligations of the licence\/permit\/concession holder  -\ttransition from exploration rights to mining rights -\ttypical timelines and costs for applications<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Senegal, exploration rights are granted in the form of an exploration permit (permis de recherche) under the Mining Code of 2016 and its implementing Decree No. 2017-459.<\/p>\n<p>The exploration permit grants its holder an exclusive right to conduct exploration activities for specified mineral substances within a defined perimeter, both at the surface and at depth. It also allows for sampling and related exploration works, provided these do not amount to exploitation activities.<\/p>\n<p>Exploration permits are granted for an initial period not exceeding four years and may be renewed twice for additional periods of up to three years each. At each renewal, the licence area must be reduced by one quarter.<\/p>\n<p>Applications are submitted to the Ministry in charge of Mines and must demonstrate the applicant\u2019s technical and financial capacity, together with a proposed work programme. Where the application is deemed admissible, a mining convention is typically negotiated prior to the grant of the permit, after which the permit is issued by ministerial order.<\/p>\n<p>Permit holders are subject to a number of obligations, including carrying out the approved work programme, meeting minimum expenditure commitments, commencing operations within a specified timeframe, complying with environmental requirements, and reporting regularly to the mining administration.<\/p>\n<p>A holder of an exploration permit is entitled to apply for an exploitation permit if it demonstrates the existence of an economically viable deposit during the validity of its exploration rights. This requires the submission of a feasibility study and the negotiation of a mining convention.<\/p>\n<p>The granting and renewal of exploration permits are subject to fixed fees, as well as annual surface fees based on the size of the licensed area. The overall process typically takes several months, depending on the complexity of the project and the negotiation of the mining convention.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the regime for granting mining rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tsteps to acquire mining rights  -\tobligations of the licence\/permit\/concession holder<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Senegal, mining rights for the exploitation phase are granted in the form of a mining exploitation permit (permis d\u2019exploitation) under the Mining Code of 2016 and its implementing Decree No. 2017-459.<\/p>\n<p>The exploitation permit grants its holder an exclusive right to carry out mining operations and to extract and freely dispose of the mineral substances for which it is issued, within a defined perimeter and at depth. While mineral resources remain the property of the State while in situ, ownership of the substances passes to the holder upon extraction. The mining title constitutes a real property right, distinct from land ownership, and may be transferred, assigned or used as security under applicable conditions.<\/p>\n<p>Exploitation permits are granted by a presidential decree for a period ranging from five to twenty years, depending on the size of the deposit and the level of investment required, and may be renewed one or more times until the exhaustion of the deposit.<\/p>\n<p>Applications are generally submitted by the holder of an exploration permit that has demonstrated the existence of an economically viable deposit. The application must include a feasibility study, a development and investment plan, and an approved environmental and social impact assessment. A mining convention is typically negotiated with the State prior to the grant of the permit, after which the exploitation permit is issued by decree.<\/p>\n<p>Permit holders are subject to a number of obligations, including developing and exploiting the deposit in accordance with approved plans, complying with environmental and social requirements, implementing rehabilitation measures, and reporting regularly to the mining administration. They are also subject to financial obligations, including the payment of mining royalties and contributions to local development funds. In addition, the State is entitled to a free carried interest in the mining company.<\/p>\n<p>The granting and renewal of exploitation permits are subject to fixed fees, as well as annual surface fees based on the size of the licensed area. The overall process typically takes several months, depending on the complexity of the project and the negotiation of the mining convention.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the royalties regime \u2013 i.e. any payments due to the government under any licenses and\/or leases described above.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the Senegalese Mining Code of 2016, mining operators are subject to a range of payments to the State, including fixed fees, surface fees and, most importantly, a mining royalty.<\/p>\n<p>A mining royalty (redevance mini\u00e8re) is payable on a quarterly basis for all authorised mining operations, except where a production sharing contract applies. The royalty is calculated on the basis of the market value of the mineral products sold locally or the FOB value of exported products. The applicable rates vary depending on the mineral and generally range from 1% to 5%. For instance, the rate is 5% for gold (reduced to 3.5% if refined in Senegal), 5% for mineral sands such as zircon and ilmenite, and 3.5% for base metals (or 1.5% if processed locally).<\/p>\n<p>In addition, mining title holders are required to pay annual surface fees (redevance superficiaire) based on the size of the licensed area, as well as fixed entry fees upon the grant or renewal of mining titles. Entry bonuses and the reimbursement of historical costs may also be required in certain cases.<\/p>\n<p>The mining royalty cannot be subject to any exemption and applies to all mineral substances extracted in Senegal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to assign and\/or grant security over tenements in your jurisdiction? If so please briefly describe the process, including any regulatory requirements (e.g. approvals).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>\u2022Term lengths &amp; renewals:<\/p>\n<p>Prospecting authorizations: max 6 months, renewable once if the holder has fulfilled his obligations<\/p>\n<p>Exploration permit: max 4 years, renewable 2 times each time for max 3 years, subject to compliance with the provisions of the Mining Code and the mining agreement attached to the exploration permit<br \/>\nExploitation permit: min 5 years, max 20 years. Renewable until the deposit is exhausted<\/p>\n<p>\u2022 Rights to progress from exploration to exploitation:<br \/>\nThe exploration permit confers on its holder the right to an exploitation permit subject to compliance with the legislative and regulatory provisions in force and if he has provided proof during the period of validity of the exploration permit of the existence of an economically exploitable deposit within the area requested.<\/p>\n<p>The holder of the exploration permit may at any time request the transition to exploitation in the event of the discovery of one or more economically exploitable deposits under the conditions set out in the Mining Code. The holder must have fulfilled all of its work and expenditure obligations under its exploration licence.<\/p>\n<p>Any discovery of an economically exploitable deposit by the holder of a mining exploration permit gives an exclusive right, in the event of an application for exploitation before the expiry of the permit, to the granting of a mining exploitation permit covering the perimeter of the said discovery.<\/p>\n<p>\u2022 Cancellation procedures:<br \/>\nThe mining permit may be withdrawn by the competent authority after a three-month formal notice from the permit holder has remained unsuccessful under the conditions and in the cases provided for by the applicable regulations and the permit<\/p>\n<p>\u2022 Transferability:<br \/>\nThe exploration permit and the exploitation permit can be transferred subject to the prior authorisation of the Ministry of Mines. The exploration permit cannot be transferred in its first period of validity (before the first renewal).<\/p>\n<p>Are also subject to prior authorisation by the Minister of Mines:<\/p>\n<p>a) any transfer by a legal entity holding a mining title of more than 10% of its assets corresponding to its mining operations in Senegal<\/p>\n<p>b) any acquisition of a holding which has the effect of raising the holding of a single person directly or through an intermediary, or of a group of persons acting in concert, first above the blocking minority and then above the majority of voting rights, or of lowering this holding below these thresholds.<\/p>\n<p>A exploration permit constitutes a movable right; it is indivisible, non-transferable and cannot be pledged as security. An exploitation licence constitutes immovable property; it is indivisible and may be mortgaged.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any indigenous or local community rights relevant in the mining context, including implementation of FPIC (Free, Prior, and Informed Consent) principles in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Mining Code provides that the authorization to open and operate a public or private quarry is issued by the mining administration after consultation with the competent administrative authorities and the local communities concerned. The environmental impact study includes a &#8220;public inquiry&#8221; section.<\/p>\n<p>More generally, the local authorities and communities are consulted. Pursuant to the provisions of article 101 of the Mining Code, any holder of a mining title is required, both inside and outside the perimeter that has been allocated to him, to compensate the State or any other person for damage and harm resulting from mining operations and caused by himself or by companies working on his behalf.<\/p>\n<p>Compensation for material and certain damage caused to the owners or occupants of land subject to an occupation permit issued under the provisions of this decree is determined<\/p>\n<p>(a) for registered land, by agreement between the holder of the mining title and the holder of the land rights; in the absence of agreement, by the competent court under the same conditions and according to the same rules as in matters of expropriation in the public interest;<\/p>\n<p>b) for land in the national domain, by agreement between the holder of the mining title and the local community concerned; failing agreement, by a commission chaired by the Prefect of the department concerned and consisting of :<\/p>\n<p>\u2013 the Mayor of the commune concerned<br \/>\n\u2013 a representative of the Mining Administration<br \/>\n\u2013 a representative of the regional water and forestry department<br \/>\n\u2013 a representative of the National Parks Department;<br \/>\n\u2013 a representative of the Regional Department of Agriculture<br \/>\n\u2013 a representative of the regional service of Domains;<br \/>\n\u2013 a representative of the regional land registry service<br \/>\n\u2013 a representative of the Environment Department<br \/>\n\u2013 a representative of the mining title holder.<\/p>\n<p>If for any reason an agreement has not been reached within six (6) months of the date of entry into force of the decree or order authorizing the occupation of the land between the holder of the mining title and the holders of land rights or the commune or communes concerned the beneficiary of the occupation authorization is authorized by the Minister in charge of Mines to occupy the land in question in return for the deposit in the coffers of a public accountant of a provisional indemnity, the amount of which is determined by the aforementioned commission and fixed by the Minister in charge of Mines until an agreement can be obtained or the competent court has rendered its decision.<\/p>\n<p>The sums deposited in excess of the indemnity granted shall be returned to the beneficiary of the occupation permit.<\/p>\n<p>Pursuant to the provisions of article 91 of the Mining Code, any occupation of land may, if necessary, be declared to be in the public interest under the same conditions and according to the same rules as for expropriation in the public interest.<\/p>\n<p>The granting of a mining permit is equivalent to a declaration of public utility for the occupation of the land necessary for the execution of the work and activities involved in the operation.<\/p>\n<p>In this case, the permit holder is obliged to relocate the expropriated populations under the same conditions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the environmental protection regime applicable to the mining industry, including:  -\tWhat environmental impact assessments are required? -\tany requirements for rehabilitation bonds and guarantees -\tany mine closure obligations -\tconsequences for failure to comply with applicable environmental laws and regulations<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Environmental protection in the mining sector in Senegal is governed by the Environmental Code of 2023, in conjunction with the Mining Code and other sector-specific regulations, including forestry and radiation protection laws where applicable.<\/p>\n<p>Mining activities are subject to prior environmental assessment. Projects with significant environmental and social impacts require a full Environmental and Social Impact Assessment (ESIA), while lower-risk activities may be subject to a simplified environmental assessment. These studies must be conducted at the operator\u2019s expense and approved by the competent environmental authorities, leading to the issuance of an environmental compliance certificate prior to the commencement of operations. Public participation may be required as part of the assessment process.<\/p>\n<p>Mining operators are required to implement environmental management and rehabilitation measures throughout the life of the project. This includes the preparation and implementation of an environmental and social management plan (ESMP), as well as the establishment of financial guarantees or dedicated funds to cover rehabilitation costs.<\/p>\n<p>Mine closure obligations are addressed from the outset of the project through the submission of rehabilitation and closure plans, which must be updated periodically. Operators remain responsible for environmental restoration and site rehabilitation even after the expiry or termination of their mining title, until the authorities confirm compliance with applicable environmental standards.<\/p>\n<p>Failure to comply with environmental obligations may result in administrative, financial and criminal sanctions. These include suspension or withdrawal of permits, fines and, in serious cases, criminal liability. Authorities may also carry out remediation measures at the operator\u2019s expense. Specific additional requirements may apply to sensitive areas or activities, such as operations involving radioactive substances.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline if any specific health and safety regulations apply to the mining industry.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any legal entity carrying out prospecting, research or exploitation of mineral substances under the provisions of the Mining Code is required to carry out such work in accordance with the legislation on health and work, so as to guarantee the safety of persons and property.<\/p>\n<p>The health and safety rules applicable to prospecting, exploration and<br \/>\nexploration, research and exploitation work, in particular in quarries, plants and laboratories, as well as the safety rules relating to transport, storage and use of explosives and dangerous products are explosives and dangerous products are set by decree.<\/p>\n<p>Any accident occurring during a mining operation as well as any identified danger must be immediately brought to the attention of the Minister in charge of mines and the competent administrative authority, the regional labor and social security inspector and the public prosecutor. Any holder of a mining title shall comply with the preventive measures decreed by the competent administration in matters of public safety, health and safety of workers, preservation of its deposits, of underground water, of buildings and public roads.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any obligations for disclosure of climate change risks applicable across the mining value chain in your jurisdiction. Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>NA<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any decarbonisation obligations applicable to the market players across the mining value chain in your jurisdiction? Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>NA<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any other relevant decarbonisation and climate change related laws and regulations in your jurisdiction  that could affect he market players across the mining value chain in your jurisdiction (e.g. carbon tax).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>NA<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any unusual taxes that apply specifically to entities carrying out mining activities (in addition to the usual income and corporate taxes and excluding any carbon taxes that (if any) will be covered in the section above).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>NA<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Other key regulatory and market developments<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A reform of the Mining Code is currently underway<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4808<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/139722","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=139722"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}