Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

Senegal adopted a new Mining Code under President Bassirou Diomaye Faye's sovereignty-reform mandate, replacing the 2016 framework. The code strengthens the state's free-carried interest and participating-interest rights in mining operations, imposes stricter local-content requirements (processing, employment, procurement), and introduces enhanced royalty and revenue-capture provisions aligned with the WAEMU 2023 regional mining regulation. Community development plan obligations are also reinforced, and the code provides the legal foundation for the concurrent licence-revocation process overseen by the March 2026 National Commission review of 71 permits.

Loi N°017-2024/ALT, adopted unanimously by Burkina Faso's Assemblée Législative de Transition on 18 July 2024 and promulgated by presidential decree in late August 2024, establishes a mandatory local-content regime for the entire mining sector. Mining operators must prioritise Burkinabè national labour, procure goods and services from national suppliers, and refine or add value to mineral production on national territory; foreign subcontractors must either incorporate a Burkinabè-law entity with capital shares reserved for national investors or form joint ventures with Burkinabè-majority-capital partners. The law is the companion local-content pillar to the simultaneously adopted Code Minier (Loi N°016-2024/ALT) and operationalises the national-participation and value-addition objectives of the Traoré junta's July 2024 dual mining-reform package.

Loi n°016-2024/ALT was unanimously adopted by Burkina Faso's Assemblée Législative de Transition on 18 July 2024 and promulgated on 31 July 2024 under the Traoré military-transition government. The 309-article statute replaces Loi n°036-2015/CNT (26 July 2015) and its amendment Loi n°012-2023/ALT (25 July 2023), and is the central legal vehicle for the junta's resource-nationalism agenda. Headline structural changes raise the state's free-carried interest in any new mining venture from 10% to 15% (Article 66) and grant an additional ~30% paid-participation right that may be exercised by the state or a state-mandated investor; mineral processing and sales — notably gold — now require prior administrative authorization; domestic-investor capital-opening, local content, and overproduction penalties are strengthened. Four implementing decrees (mining-title procedures, mining taxes/royalties, sector-approval conditions, capital opening to national investors) were under validation as of October 2024 and are required for full effect.

On 16 June 2023, the Council of Ministers of the West African Economic and Monetary Union (UEMOA) adopted Règlement N°02/2023/CM/UEMOA establishing a Community Mining Code, the first regional harmonisation of mining law across the 8-nation bloc in over 20 years (repealing Règlement N°18/2003/CM/UEMOA). The code harmonises licensing tracks (reconnaissance → exploration → mining), royalty and tax standards, rehabilitation and closure fund obligations, and community-contribution requirements across Benin, Burkina Faso, Côte d'Ivoire, Guinea-Bissau, Mali, Niger, Senegal, and Togo. Member states are required to transpose the code into national law within a prescribed conformity period; the Commission has developed three draft implementing regulations covering permit management, rehabilitation fund procedures, and applicable rights/royalties/taxes.