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

Ghana's Parliament passed the Ghana Gold Board Act, 2025 (Act 1140) on 29 March 2025; presidential assent followed on 2 April 2025, with full operational effect from 1 May 2025. The Act repeals PNDCL 219 (1989) and establishes the Ghana Gold Board (GoldBod) as the sole statutory licensor and exclusive primary buyer, seller, assayer, grader, weigher and exporter of all gold produced by the country's licensed Artisanal and Small-Scale Mining (ASM) sector. Large-scale mining operations remain outside the monopsony. Effective 1 May 2025, no person other than GoldBod may export ASM gold from Ghana, and all gold trading and marketing businesses must hold a GoldBod licence (application window for Ghanaian-owned firms opened 22 April 2025). Proceeds from all ASM gold exports settle through the Bank of Ghana, channelling foreign-exchange flows from roughly 30% of national gold output — Ghana is the world's #6 producer and Africa's largest — into formal central-bank reserves. The stated objectives are to combat smuggling, capture the smuggling-loss premium for the state, support Bank of Ghana gold-reserves accumulation, and generate foreign exchange. The Act sits alongside the Bank of Ghana's Domestic Gold Purchase Programme as the legal infrastructure for Ghana's gold-as-reserve-asset strategy.

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.

Décret n°2024-0396/PT-RM of 9 July 2024 fixes the conditions and modalities for applying Loi n°2023-040 of 29 August 2023 (the new Code Minier of the Republic of Mali). The decree, adopted in Council of Ministers on 3 July 2024 and signed by the transition presidency, operationalises the 2023 statute that replaces the 2019 mining code (Loi n°2019-022). The new framework raises maximum cumulative state-plus-Malian-private participation in mining ventures to roughly 30–35% (10% free-carry to the state, plus an additional 20% paid participation right and 5% reserved to local private investors), reshapes the fiscal regime (royalties, taxes, exemptions) for new permits and conventions, and pairs with companion local-content Loi n°2023-041 of the same date. The 2024 implementing decree is the operative trigger date for downstream investor disputes (Barrick Loulo-Gounkoto suspension, B2Gold Fekola contract renegotiations, Allied Gold Sadiola, Ganfeng Goulamina lithium ramp).

Loi n° 2023-040 of 29 August 2023, adopted by the Conseil National de Transition (CNT) and promulgated by the Président de la Transition Colonel Assimi Goïta, repeals and replaces the prior Mali Code Minier (Ordonnance n° 2019-022/P-RM du 27 septembre 2019) and constitutes the foundational mining statute for all mineral-title issuance, foreign-investment participation, fiscal architecture, and state-control mechanisms in the Republic of Mali. Key structural innovations include a 35% Malian-side equity floor (10% free-carry to the state + 20% paid- participation option + 5% reserved to local Malian private investors), a special permitting regime for substances minérales d'intérêt stratégique (lithium, uranium, thorium, tungsten, tantalite, cobalt, and rare-earth elements), and zones d'intérêt stratégique reserved for the state and state-controlled vehicles. The Code is the parent statute under which Décret n° 2024-0396/PT-RM (the 2024 implementing decree) and Loi n° 2023-041 (the companion local-content law) operate, and under which the Barrick Loulo-Gounkoto standoff, B2Gold Fekola renegotiation, Allied Gold Sadiola settlement, and Ganfeng Goulamina fiscal escalation are situated.

The modern French FDI-screening regime is codified in Code monétaire et financier (CMF) Art. L151-1 to L151-7, substantially restructured by Loi PACTE n° 2019-486 du 22 mai 2019 (Art. 152-158) and operationalised by Décret n° 2019-1590 du 31 décembre 2019 (in force 1 April 2020) with implementing Arrêté du 31 décembre 2019. The regime requires prior authorisation from DG Trésor for non-EU/EEA acquisitions reaching ≥25% of a French target's voting rights across 17 sensitive sectors enumerated in CMF Art. R151-3, and for ≥10% acquisitions in listed-company targets (threshold made permanent by Décret 2023-1293 from 1 January 2024, having been originally introduced during COVID-19 by Décret 2020-892). Approximately 310 notifications are received annually; the regime closes the last major G7 EU-member-state FDI-screening parent-statute gap after DE AWG §§55-62, IT Golden Power DL 21/2012, NL Wet Vifo, UK NSI Act 2021, US CFIUS, JP FEFTA, AU FATA, and CH IPG.

Decreto-Legge 15 marzo 2012 n. 21 (GU n. 63 of 15 March 2012), converted with amendments into Legge 11 maggio 2012 n. 56 (GU n. 111 of 14 May 2012), establishes Italy's "Golden Power" special-powers regime — the foundational statute authorising the Italian Government to impose conditions on, veto, or prescribe remedies for corporate transactions in strategic sectors. The decree marked Italy's transition from a golden-share model (applicable only to privatised companies) to a sector-wide golden-power model applicable to any company carrying out activities of strategic relevance. Administered by the Presidenza del Consiglio dei Ministri (DICA), the regime has been progressively extended from its original defence + national-security + energy/transport/ communications scope to cover 5G, cloud, critical-raw-materials, financial-credit-insurance, agri-food, healthcare, media, space, and AI through a series of amending decrees from 2019 to 2026.

The Mineral and Petroleum Resources Development Act, Act 28 of 2002, assented to by President Thabo Mbeki on 3 October 2002 and commenced on 1 May 2004 (Proclamation R.25 of 2004), is the foundational post-apartheid statute governing all mineral and petroleum resources in South Africa. The Act vests custodianship of all SA mineral and petroleum resources in the State for the benefit of all South Africans, abolishes the old-order private-ownership system of mineral rights, and establishes the Mineral and Petroleum Titles Registration Office (MPTRO). It creates the licensing regime for prospecting, mining, exploration, and production rights as limited real rights tied to land under Chapters 3–6, and embeds the Mining Charter BEE-ownership transformation framework via Section 100(2) — subsequently litigated in Chamber of Mines v Minister of Mineral Resources [2018] (SCA). The MPRDA is the parent authority for all subsequent SA mining-sector regulation including the 2008 Royalty Act, the 2018 Mining Charter III, and the 2025 Mineral Resources Development Bill currently pending before Parliament.