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Mauritania's Loi n°2024-037 is a lex specialis standing apart from both the Code Pétrolier (Loi 2010-033) and the Code Minier (Loi 2008-011). It creates a self-contained investment and regulatory regime specifically for electrolytic hydrogen produced from renewable energy sources and its downstream derivatives.
AMHV — Agence Mauritanienne pour l'Hydrogène Vert: The Code establishes AMHV as the sector's dedicated regulator, licensor, and one-stop investor gateway. AMHV issues licences only to Mauritanian-incorporated entities with demonstrated technical and financial capacity. The Minister of Energy formally grants licences following completion of the development phase; AMHV manages the administrative pipeline.
Licensing structure (two tiers): 1. Framework agreements (Accords-cadres): Maximum 2-year duration, extendable once for 1 year. Can be triggered by unsolicited proposals deemed "of strategic interest to the state." Used for early-stage exploration and feasibility. 2. Project licences (global agreements): Maximum 35-year initial term, renewable twice for 10 years each (potential total: 55 years). Licensees may build and operate dedicated desalination plants using seawater for project purposes.
Fiscal incentive matrix:
| Incentive | Provision |
|---|---|
| VAT | Full exemption on importation of equipment and materials used by the operator and approved subcontractors |
| Export tax | Full exemption on green hydrogen and derivative exports |
| Import / customs duties | Significantly reduced on essential equipment (exact schedule in law annexes) |
| Corporate income tax (CIT) | Progressive: starts at 15% in the initial operating phase; rises after full capital cost recovery; capped at 30% for super profits |
| Subcontractor tax | Approved subcontractors: 4% annual turnover tax in lieu of CIT |
| Fiscal stability | 30-year undertaking against adverse legislative or regulatory changes for qualifying projects |
Relationship to existing codes:
Mauritania benefits from among the globally lowest estimated Levelised Cost of Hydrogen (LCOH) due to exceptional wind and solar irradiation over its Atlantic coastal and desert interior zones. IRENA modelling cited by GH2.org positions the country as a tier-1 green-H2 production geography. The three headline projects underpinning the USD ~40bn pipeline estimate are:
The Code was drafted with the EU's Carbon Border Adjustment Mechanism (CBAM) and RepowerEU hydrogen import targets in mind. Mauritania aims to qualify as a "partner country" for EU hydrogen imports — the fiscal stability clause and AMHV one-stop-shop licensing are specifically designed to de-risk the 20-30 year project horizon required by European offtakers and infrastructure financiers.