Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

Zambia enacted the Income Tax (Amendment) (No. 2) Act No. 17 of 2025, assented to 23 December 2025 and effective 1 January 2026, introducing two mining-specific fiscal provisions. First, interest deductibility is capped at 30% of tax EBITDA for all companies, with unrelieved interest carry-forwardable for up to five years (general) or ten years for entities in mining and electricity generation. Second, mining companies deriving at least 75% of gross income in foreign exchange from outside Zambia may maintain their books of accounts in US dollars, reducing FX translation risk for dollar-denominated operators. Both measures are structurally distinct from the concurrent Act No. 10 of 2025 (Minimum Alternative Tax and loss carry-forward cap).

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.

Zambia enacted the Income Tax (Amendment) Act No. 10 of 2025 on 8 August 2025, gazetted 19 August 2025, introducing three interlocking fiscal measures. First, a 1% Minimum Alternative Tax (MAT) on annual turnover applies to all companies and partnerships, creditable against standard income tax with a five-year carry-forward — directly raising the floor tax burden on large copper and cobalt mining groups that have historically reported low taxable profits. Second, the 50% annual loss carry-forward cap (previously mining-sector-specific) is universalised, reducing the tax-shelter advantage for capital-intensive mining projects with front-loaded losses. Third, withholding tax on government-securities interest is raised from 15% to 20%.

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.