Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The Ecuadorian National Assembly approved on 26 February 2026 (vote 77-70, urgent-economic-matter procedure) the Ley Orgánica para el Fortalecimiento de los Sectores Estratégicos de Minería y Energía, the statutory complement to President Daniel Noboa's Decreto Ejecutivo 273 of 31 December 2025. The law was published in the Quinto Suplemento of Registro Oficial on 2 March 2026 with no presidential objection and entered into force the same day. It comprises 28 articles, two general provisions and one transitory provision. The mining title codifies the 3–8% sliding royalty scale and channels 60% of royalty receipts to social investment via decentralised governments (45% provincial / 35% municipal / 20% parochial) — the legislative anchor for the regime introduced by Decree 273. The energy title amends the Ley Orgánica del Servicio Público de Energía Eléctrica to recognise distributed generation, self-supply and autonomous energy districts, and establishes exception-route participation for foreign state-owned enterprises and popular/solidarity-economy organisations alongside private capital. A controversial Galápagos-adjacent provision permitting expedited mining/energy procedures has triggered domestic constitutional challenge.

Arrêté ministériel n° 00964/CAB.MIN/MINES/01/2025, signed 19 December 2025 by DRC Mines Minister Louis Watum Kabamba, suspends with immediate effect all activities of entities (notably comptoirs d'achat / buying counters, treatment units and similar structures) involved in the purchase, processing, transformation and commercialisation of copper and cobalt minerals sourced from artisanal exploitation across the country. Industrial, legally established mining operators are excluded. The order requires affected entities to submit compliance documentation within ten days, establishes an ad hoc commission to verify administrative, legal, technical and traceability conformity (15-day review window), and obliges operators to demonstrate the lawful origin of their supplies in line with OECD due-diligence guidance. Framed as a "conservatory" measure to restore order in the cupro-cobaltifère value chain and curb illicit exports.

On 4 December 2025, the United States and the Democratic Republic of the Congo signed a Strategic Partnership Agreement on Trade and Investment, executed at a White House trilateral ceremony alongside the parallel U.S.-Rwanda framework and witnessed by President Trump, President Tshisekedi (DRC), and President Kagame (Rwanda). The Agreement creates a Strategic Minerals Reserve (SMR) and a Strategic Asset Reserve (SAR) under DRC sovereignty, gives U.S. persons preferential access to SAR assets, and commits DRC and its state-owned enterprises to route at least 30% of their commercialised cobalt volumes through the Sakania-Lobito Corridor within five years. A Joint Steering Committee (JSC) co-chaired by State and DRC's Ministry of Economy holds its inaugural meeting on 4-5 February 2026, designating the initial SAR asset list and launching implementation. The DFC announced a proposed equity investment in a Gécamines-Mercuria copper/cobalt joint venture as the first commercial vehicle under the framework.

On 23 April 2025 CMOC Group (HKG:3993) announced the acquisition of TSXV-listed Lumina Gold Corp — 100% owner of the Cangrejos (Los Cangrejos) gold-copper project in El Oro Province, southwestern Ecuador — via a court-sanctioned plan of arrangement at C$1.27/share (C$581M / ~USD 420M); the transaction closed on 24 June 2025 through a Singapore subsidiary, making Cangrejos Ecuador's largest primary gold deposit under full Chinese operational control. On 27 April 2026 CMOC's Ecuadorian subsidiary ODIN Mining del Ecuador signed a 26-year exploitation contract with Ecuador's Ministry of Energy and Mines committing >$1.7B in total investment (~$54M advance royalties, $34M paid on signing); commercial production is targeted for 2028 at ~11.5 t/yr gold (~370,000 oz/yr), making the state-projected total revenues $4.39B over the mine life. The acquisition extends CMOC's critical-mineral portfolio — anchored in DRC cobalt/copper — into Ecuadorian gold and copper, concentrating a globally significant undeveloped gold-copper deposit under Chinese operational control ahead of the competing 2026 Ecuador–US Critical Minerals Bilateral Framework.

On 22 February 2025 the Authority for the Regulation and Control of Strategic Mineral Substance Markets (ARECOMS) of the Democratic Republic of the Congo issued Decision No. 001/ARECOMS/2025 imposing a four-month suspension of all cobalt exports — industrial and artisanal — in response to a multi-year cobalt price collapse driven by structural oversupply from CMOC's Tenke Fungurume and Kisanfu mines. The DRC accounts for roughly 70-76% of global mined cobalt, so the ban removed the dominant source of feedstock from the seaborne market. The ban was extended in late June 2025 by another three months, then on 10 October 2025 ARECOMS issued Decision No. 005/ARECOMS/2025 lifting the outright suspension and replacing it with a hard annual export quota: 18,125 t for the November-December 2025 transition window, then 96,600 t per year for 2026 and 2027. The annual ceiling consists of an 87,000 t "base quota" distributed pro-rata using each producer's January 2022 - December 2024 historical export volumes, plus a 9,600 t "strategic quota" allocated at ARECOMS' sole discretion to projects of national strategic importance. Allocations for Q4 2025 went disproportionately to the largest incumbents: CMOC received 6,500 t (Tenke Fungurume + Kisanfu), Glencore 3,925 t (Kamoto + Mutanda), and Eurasian Resources Group 2,125 t (Metalkol). CMOC's award is far below its ~115 kt 2024 production rate, structurally capping the world's top cobalt producer below 30% of its operating capacity. Exporters must obtain a Quota Verification Certificate (AVQ) from ARECOMS, submit to joint sampling, weighing, sealing and physical inspection by multiple government agencies, and prepay the 10% mining royalty within 48 hours of declaring origin and sale. ARECOMS reserves the right to revise quotas quarterly in case of "significant imbalance in the cobalt market," and explicitly retained discretion to re-set 2027 volumes. The measure is the EM resource-nationalism complement to Indonesia's nickel-ore ban template, applied to the single material where one country has the most concentrated global supply share.

Yacimientos de Litio Bolivianos (YLB), Bolivia's state lithium SOE, signed a USD 1.030bn services contract on 26 November 2024 with Hong Kong CBC Investment Ltd. (a CATL-CMOC-BRUNP consortium) to build and operate two direct-lithium-extraction (DLE) plants on the Salar de Uyuni — one rated at 10,000 t/yr and one at 25,000 t/yr lithium carbonate, for combined 35,000 t/yr nameplate capacity. Bolivia retains a 51% sovereign share through YLB; CBC supplies financing, EDL technology and offtake. The contract was transmitted to the Asamblea Legislativa Plurinacional and the Chamber of Deputies' Plural Economy, Production and Industry Commission approved it by majority in mid-2025 (Bill No. 197/2024-2025); full plenary ratification remained pending as of May 2026, with a parallel Colcha K mixed-court suspension order on FPIC (free, prior and informed consent) grounds.

On 27 January 2018 the DRC National Assembly adopted Loi n° 18/001, comprehensively amending the foundational 2002 Mining Code (Loi n° 007/2002); President Joseph Kabila promulgated the law on 9 March 2018, published in the Journal Officiel special issue of 28 March 2018, with implementing Décret n° 18/024 (Règlement Minier) following on 8 June 2018. The Code introduces a 10% royalty on minerals designated "strategic" by the Council of Ministers — cobalt, coltan, lithium, and germanium confirmed — up from the 2% standard non-ferrous rate, and raises all standard mining royalties (non-ferrous 2→3.5%, precious metals 2.5→3.5%, precious stones 4→6%). The state's mandatory free-carry interest in new mining projects is doubled from 5% to 10% (Article 71), with a further 10% paid-carry option creating an effective 20% state-participation floor; contract-stability guarantees are simultaneously curtailed from 10 to 5 years (Article 276), explicitly invalidating pre-existing stabilisation clauses. As the foundational statute governing every DRC mining-rights grant, royalty-rate setting, and export-control delegation, the 2018 Code is the parent authority for ARECOMS (established 2019 under its strategic-minerals framework) and the legal basis for both the 2025 cobalt export-ban/quota regime and the 2025 artisanal-processing suspension — making it the mandatory upstream context for the entire filed DRC action cluster.

Bolivia's Ley N° 928, promulgated by President Evo Morales Ayma on 27 April 2017, creates Yacimientos de Litio Bolivianos (YLB) as a 100%-state-owned Empresa Pública Nacional Estratégica (National Strategic Public Enterprise) under the Ministry of Energy (Ministerio de Hidrocarburos y Energía), replacing the National Management of Evaporitic Resources (GNRE) that had operated under COMIBOL. YLB is granted exclusive end-to-end authority over Bolivia's entire evaporitic-resource value chain — from prospecting and extraction at the world's largest identified lithium deposits (Salar de Uyuni, Salar de Coipasa, Pastos Grandes) through industrialisation to commercialisation — with a full-vertical-integration mandate covering production and commercialisation of lithium carbonate, lithium hydroxide, lithium chloride, lithium sulfate, potassium chloride, potassium nitrate, potassium sulfate, and downstream battery products. The law simultaneously carves lithium and evaporitic resources out of COMIBOL's general mining remit (amending the 2014 Ley 535 de Minería y Metalurgia) and establishes YLB as the operating authority for every contract, joint-venture, and concession over those resources.

On 9 May 2016 CMOC Group (China Molybdenum Co., HKG:3993 / SHA:603993) signed agreements to acquire Freeport-McMoRan's 56% stake in Tenke Fungurume Mining (TFM) in the Democratic Republic of the Congo for USD 2.65 billion, with additional financing from China Development Bank. A concurrent transaction acquired TF Holdings' 24% stake, bringing CMOC's total to 80% with Gécamines retaining 20%. The transaction closed on 16 November 2016 following regulatory approvals from the DRC Ministry of Mines, the US CFIUS (approved without conditions), and Chinese MOFCOM. Tenke Fungurume is the world's second-largest cobalt mine and fifth-largest copper mine, located in Lualaba Province. At the time of acquisition it produced approximately 16,000 tonnes of cobalt per year (hydroxide) and 180,000 tonnes of copper cathode, representing roughly 20% of global mined cobalt supply. CMOC subsequently expanded production to approximately 50,000 tonnes of cobalt per year by 2023-2024 through the Kisanfu (KFM) discovery development — bringing combined TFM+KFM output to ~115,000 tonnes of cobalt annually, or roughly 38% of DRC cobalt production and approximately 25% of global supply from a single operator. The acquisition was the largest Chinese overseas mining transaction of 2016 and established China's dominant structural position in the cobalt supply chain at the mine level — upstream of both DRC export controls (ARECOMS quota system, filed 2025-02-22) and Chinese processing/re-export controls on battery-grade cobalt compounds. CMOC is simultaneously the world's largest cobalt producer and an entity subject to Chinese government export licensing for the same materials — a concentration structure without precedent in critical minerals. The China Development Bank provided a $2.68 billion loan facility financing the majority of the acquisition, making this an explicit policy-bank-backed strategic asset purchase consistent with NDRC guidelines on overseas critical mineral investment priorities. Sinosure provided political-risk insurance cover on the DRC exposure.