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

President Félix Tshisekedi mandated a 30-day audit at the 87th Council of Ministers (April 24, 2026) to track DRC mining export revenues from shipment through foreign-currency repatriation to government receipt, targeting copper and cobalt — the country's two dominant export minerals. The directive responds to a systemic gap between record 2025 export volumes (~3.4 Mt copper, ~220 kt cobalt) and proportional state revenue collection, and builds on a prior audit that identified ~$16.8 billion in underreported revenues between 2018 and 2023. Initial findings are due no later than June 15, 2026, and enforcement exposure is concentrated on the major vertically integrated operators — Glencore, CMOC, and Ivanhoe Mines.

On March 29, 2026, the DRC Conseil des Ministres approved a draft decree modifying and supplementing Decree n°11/28 of June 7, 2021, which establishes the statute of the Centre d'Expertise, d'Evaluation et de Certification (CEEC). The reform formally enshrines CEEC as a "certification authority" recognized in law — a role previously exercised in practice but lacking explicit statutory grounding. CEEC gains explicit authority to determine the physicochemical characteristics of all mineral substances produced on DRC territory, covering the nature, chemical composition, geographic origin, and legal provenance of exports across all strategic minerals including cobalt, copper, coltan, cassiterite, gold, and tantalum.

The DRC government's APCSC formally launched a technical and financial audit of the Sicomines Sino-Congolese mining project on March 5, 2026, signing consortium contracts with ATF-PCSC/Mayer Brown (legal), Rothschild & Cie (financial valuation), EY (accounting and tax), and SRK Consulting (resource certification). The audit covers 16 years of project implementation (2008–2024), examining revenue flows, infrastructure delivery commitments, and compliance with the collaboration convention and its five amendments. The initiative signals DRC's intention to renegotiate or enforce Amendment 5 (2024) terms, which conditioned any further project expansion on audit outcomes and a certified feasibility study.

On 4 March 2026 the Council of the EU adopted its general approach (negotiating position) on proposed amendments to the Critical Raw Materials Act (Regulation (EU) 2024/1252) under the RESourceEU package. The Council position transfers from member states to the European Commission the responsibility for identifying large companies using critical raw materials and mandates Commission notification to member states and company boards of CRM supply risks. It endorses mandatory permanent-magnet labelling and recycled-content declarations, product passports for permanent-magnet information obligations, and expanded Commission authority to propose risk-mitigation measures. Adoption of the general approach unlocks interinstitutional trilogue negotiations with the European Parliament.

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.

On 6 November 2025, the US Department of the Interior (DOI) and the US Geological Survey (USGS) released the final 2025 List of Critical Minerals under the Energy Act of 2020 (30 U.S.C. § 1606), expanding the designation from 50 to 60 minerals. The final list adds 10 newly designated commodities — boron, copper, lead, metallurgical coal, phosphate, potash, rhenium, silicon, silver, and uranium — based on updated supply-chain disruption modelling, public comment, and interagency recommendations. The list constitutes the foundational statutory anchor for downstream US critical-minerals policy instruments including DPA Title III awards, DOE LPO Title 17 loan eligibility, IRA Section 45X Advanced Manufacturing Production Credit eligibility, Section 30D FEOC determinations, BIS export-control predicate assessments, Section 232 trade-investigation predicates, and CFIUS critical-technology triggers under 31 CFR § 800.215.

The Bank of Zambia formally accepted Chinese renminbi (RMB/CNY) for copper and cobalt mining royalty and tax payments starting October 2025, making Zambia the first African country to establish an official RMB settlement channel for mining fiscal flows. In December 2025 the BoZ began publishing an official RMB-kwacha exchange rate to enable precise royalty and corporate tax calculations. The central bank cited efficiency grounds: Chinese mining companies operating Zambia's largest copper producers already receive export revenues in yuan from Chinese off-takers, making yuan-denominated tax settlement a natural extension that also reduces Zambia's Chinese-debt servicing friction. The policy embeds Chinese currency infrastructure into the sovereign fiscal architecture governing Zambia's copper and cobalt supply chain, deepening structural alignment between Zambia's resource sector and China's commodity-import ecosystem.

Indonesia's Ministry of Energy and Mineral Resources issued Permen ESDM No. 17 of 2025 on procedures for preparing, submitting and approving Work Plans and Budgets (RKAB) and reporting of mineral and coal mining activities. Signed by Minister Bahlil Lahadalia on 30 September 2025 and in force from 3 October 2025, the regulation reverses the 2023 three-year RKAB cycle back to an annual cycle, requires all IUP/IUPK holders to resubmit through the new MinerbaOne digital portal between 1 October and 15 November each year, annuls previously-issued 2026/2027 quotas, and introduces a 5-working-day auto-approval rule. Operationalised by a 2026 nickel-ore RKAB target band of 250–270 million wmt — roughly one third below the 2025 approved quota of ~379 million wmt — explicitly framed as a price-management and conservation instrument. First clear use of the RKAB framework as an explicit market-management lever rather than a domestic-licensing tool.

The MoEFCC Impact Assessment Division issued an Office Memorandum on 8 September 2025 categorically exempting all mining projects involving atomic minerals (uranium, thorium and the 12 minerals under the Atomic Energy Act 1962), the 30 critical minerals notified by the Ministry of Mines on 28 June 2023, and separately designated strategic minerals from the mandatory public-consultation stage (para 7(i)) of the EIA Notification 2006, invoking the existing national-defence and strategic-considerations clause. Exempted projects will instead undergo comprehensive appraisal by the relevant Sectoral Expert Appraisal Committee (SEAC/EAC) at the central level regardless of project size, bypassing the standard Category-A/B thresholding architecture. The measure was issued in response to formal requests from the Ministry of Defence (MoD) and the Department of Atomic Energy (DAE), and directly accelerates the approval pipeline for the National Critical Mineral Mission (Rs 34,300 crore, 2025-2031).

Republic Act 12253, signed by President Ferdinand R. Marcos Jr. on 4 September 2025, replaces the Philippines' long-standing flat-royalty regime for large-scale metallic mining with a five-tier margin-based royalty (1–5% on income from mines outside mineral reservations; 5% retained inside reservations) layered on a five-tier windfall-profits tax (1–10% on profits above a 30% margin), and ring-fences each mining agreement as a separate taxable entity. The law amends the National Internal Revenue Code (RA 8424) and is projected to raise an additional PHP 25.08 bn over 2026–2029. The new fiscal regime became operative on 17 February 2026, 150 days after effectivity, with DOF-issued IRR.

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%.

The Solomon Islands Government introduced the Mineral Resources Bill 2025 to the National Parliament on 14 July 2025, with the stated objective of replacing the Mines and Minerals Act 1990 with a modern, transparent regulatory framework for exploration, extraction, and processing authorisations. The Bill recognises resource-owner communities as active partners in mining, introduces small-scale mining community reserve permits, and expands ministerial powers over mining decisions; civil society groups and resource owners have raised concerns that some provisions reduce community rights relative to the 1990 Act. The Bills and Legislation Committee (BLC) opened a public inquiry on 1 September 2025 with submissions invited through June 2025; as of June 2026 the BLC inquiry is ongoing and the bill has not yet been enacted into law. Severity is rated 1 given pre-enactment status; passage and assent would raise the rating to 3 given Solomon Islands' role as a seabed-mineral moratorium signatory and its terrestrial critical-mineral potential (cobalt, nickel, gold, bauxite).

Stortinget adopted Norway's new Minerals Act (Lov om mineralvirksomhet og forvaltning av mineralressurser) on 12 June 2025, replacing the 2009 Minerals Act and entering into force 1 July 2026. The statute introduces a national-security review pillar enabling authorities to deny or condition projects that threaten national preparedness, reduces exploration-licence duration from seven to three years to accelerate project initiation, expands Sámi consultation protections from Finnmark to all traditional Sámi areas (Sápmi), and mandates explicit alignment with the EU Critical Raw Materials Act (CRMA, Regulation (EU) 2024/1252). The Act covers Norway's most strategically significant mineral assets including the Fen carbonatite REE field (Europe's largest known REE deposit) and major copper-zinc deposits.

Zambia's Parliament enacted the Property Transfer Tax (Amendment) Act No. 27 of 2024, assented to by President Hichilema on 24 December 2024 and in force from 1 January 2025. The Act introduces a first-ever dedicated Property Transfer Tax (PTT) schedule for mining rights: 10% of realised value on transfers of mining licences and mineral processing licences, and 8% on transfers of exploration licences. The measure directly raises the transaction cost of copper and cobalt mine acquisitions, stake transfers, and licence assignments across the Zambia Copperbelt. It is the fifth distinct fiscal or governance instrument enacted since 2024 in Zambia's rolling reform of its mining regulatory architecture.

The Minerals Regulation Commission Act, No. 14 of 2024 repeals and replaces Zambia's 2015 Mines and Minerals Development Act in its entirety, establishing a new autonomous Minerals Regulation Commission (MRC) as the country's central mining-sector regulator together with a standalone Mining Appeals Tribunal. The Act restructures licensing, royalty administration, monitoring and enforcement, and creates a dedicated dispute-resolution architecture separating regulatory and adjudicatory functions. Assented to on 20 December 2024 and gazetted on 26 December 2024, the Act took effect on 13 June 2025 pursuant to the Minerals Regulation Commission Act, 2024 (Commencement) Order, 2025 (SI 42 of 2025) signed by the Minister of Mines and Minerals Development on 3 June 2025.

Regulation (EU) 2024/3015 of the European Parliament and of the Council of 27 November 2024 establishes the first EU-wide binding prohibition on placing, making available on, or exporting from the EU single market any products made with forced labour at any stage of production, manufacture, harvest, extraction or processing. The regulation is cross-sector and horizontal — no sectoral exemptions apply. It entered into force on 13 December 2024, with a phased implementation schedule; procedural and institutional framework provisions apply from 13 December 2024, while full operational application begins on 14 December 2027. The regulation empowers national competent authorities (and the Commission for state-imposed forced-labour cases involving third countries) to investigate, require withdrawal, and order destruction of non-compliant goods, and establishes a Commission-maintained publicly accessible database of high-risk geographic areas, sectors, and products.

Décret n° 2024/05251/PM, signed on 19 November 2024 by the Cameroonian Prime Minister, establishes the legal framework governing the possession, marketing, export, import, and transit of mineral substances in Cameroon. The decree operationalises the trade-flow control architecture introduced by the headline Loi n°2023/014 portant Code Minier (December 2023), giving effect to SONAMINES's statutory monopoly over the purchase and commercialisation of strategic minerals including gold, diamonds, cobalt, nickel, and manganese. It is one of eight implementing decrees signed 18–19 November 2024 that together constitute the full operational legal framework under the 2023 Code Minier.

The Cook Islands government promulgated the Seabed Minerals (Minerals Harvesting and Other Mining) Regulations 2024 (Serial 2024/11), entering into force 1 October 2024, as the first statutory framework enabling commercial-scale polymetallic-nodule harvesting in the Cook Islands' 1.96 million km² EEZ — one of the world's largest documented manganese-nodule provinces estimated at ~6.7 billion metric tonnes. The Regulations were issued by the SBMA under the Seabed Minerals Act 2009 and establish the licensing pathway, environmental-assessment standards, royalty-and-benefit-sharing framework, production-licence application criteria, and operator financial-assurance requirements for the commercial harvesting tier. The government has stated that only exploration activities are currently permitted and that harvesting licences will not be granted until a science-based environmental decision has been made; the Regulations nonetheless create the legal architecture that would activate commercial extraction, structurally peer to Norway's June 2024 Arctic seabed-mining opening and ahead of the stalled ISA Mining Code negotiations.

Angola's National Assembly enacted Law No. 8/24 on 3 July 2024, establishing graduated criminal penalties for illegal mining activity involving strategic minerals as defined in the Mining Code. The law creates imprisonment terms of 3–8 years for promoting or facilitating illegal operations, 2–8 years for installing unlicensed equipment or initiating unauthorised mining, and 2–6 years for transporting illegally-mined minerals, alongside a forfeiture mechanism enabling the State to seize instruments, products, and proceeds of crime. The measure closes a gap in Angola's prior Mining Code (Law 31/11 of 2011), which lacked standalone criminal-enforcement provisions for strategic-minerals protection. A companion instrument, Presidential Order No. 39/24 of 26 January 2024, established the National Observatory to Combat Illegal Exploitation of Strategic Mineral Resources as the coordinating enforcement body.

Directive (EU) 2024/1760, adopted 13 June 2024 and entering into force 25 July 2024, imposes binding human-rights and environmental due-diligence obligations on large in-scope EU and non-EU companies across their chains of activities (upstream supply chain, own operations, and a limited part of downstream distribution). In-scope companies must identify, prevent, mitigate, and bring to an end actual and potential adverse human-rights and environmental impacts — covering forced labour, child labour, hazardous chemicals, and biodiversity loss — with obligations phased in from FY 2027 (EU companies with >5 000 employees and >EUR 1.5 bn turnover) through FY 2029 (>1 000 employees and >EUR 450 m). Companies must also adopt a climate transition plan compatible with the Paris Agreement 1.5 °C pathway (Art 22), and face civil liability for damages in national courts (Art 29); the original transposition deadline of 26 July 2026 was postponed and scope narrowed by the EU Omnibus I package (Directive 2026/470).

Regulation (EU) 2023/1542 establishes a comprehensive EU statutory framework for all battery categories (portable, SLI, LMT, EV, industrial), imposing supply-chain due-diligence obligations for cobalt, lithium, nickel, and natural graphite; mandatory recycled-content thresholds; carbon-footprint declarations; a digital battery passport; and ambitious collection and recycling-efficiency targets, with rolling application dates running from February 2024 through August 2036. It repeals Battery Directive 2006/66/EC and applies to every economic operator placing batteries on the EU market, binding every EV, consumer-electronics, and stationary-storage supply chain that relies on DRC cobalt, Australian/Chilean lithium, Indonesian/Philippine nickel, and Chinese/Mozambican graphite.

Loi n° 2023-007 portant refonte du Code Minier replaces the 2005-021 framework as the comprehensive legal foundation for Madagascar's mining sector. The headline fiscal change raises the ad-valorem mining royalty from 2% to 5%, decomposed as a 2% mining rebate (ristourne minière) earmarked for local communities and a 3% mining royalty (redevance minière) accruing to the State; a 30% reduction applies where extracted products are processed domestically, embedding a value-add incentive into the royalty schedule. The law also introduces a dedicated environmental, health and safety chapter, modernises customs/fiscal/foreign- exchange provisions, tightens permit-issuance procedures and strengthens oversight of small-scale mining. It is the first IPTM entry for Madagascar — a Tier-2 critical-minerals jurisdiction with material cobalt (Ambatovy), graphite (Molo / Green Giant), ilmenite/zircon (QMM Fort-Dauphin) and emerging REE / vanadium / nickel pipelines.

Canada's Fighting Against Forced Labour and Child Labour in Supply Chains Act (S.C. 2023, c. 9; "Bill S-211") received Royal Assent on 11 May 2023 and entered into force on 1 January 2024. It imposes a binding annual supply-chain disclosure obligation on government institutions and in-scope private-sector entities (any two of: ≥CAD 20m assets, ≥CAD 40m revenue, ≥250 employees) requiring a public report by 31 May each year detailing steps taken to prevent and reduce the risk of forced or child labour in their supply chains. The Act also amends the Canadian Customs Tariff (Schedule 9898.00.00) to extend the existing import prohibition on goods produced with forced labour to also cover goods produced with child labour, enforced at the border by the Canada Border Services Agency (CBSA). Criminal penalties of up to CAD 250,000 apply for non-compliance, false reporting, or obstruction.

On 29 June 2022 the Government of Fiji formally joined the Alliance of Countries for a Deep Sea Mining Moratorium at the United Nations Ocean Conference in Lisbon, Portugal. Prime Minister Voreqe Bainimarama committed Fiji to a precautionary moratorium on commercial seabed mining pending finalisation of the International Seabed Authority (ISA) mining code and comprehensive scientific assessment of environmental impacts. Fiji confirmed it would not operationalise its International Seabed Minerals Management Act 2013 ahead of the ISA regulatory framework. The moratorium stance has been consistently reaffirmed under the subsequent Rabuka administration (2024, 2025), and at the ISA Pacific SIDS Regional Workshop in Suva in May 2026 Minister Filimoni Vosarogo confirmed Fiji remains aligned with the ISA process and will not activate domestic seabed-minerals licensing.

The Income Tax (Amendment) Act, 2021 (Act No. 43 of 2021), assented 30 December 2021 and in force from 1 January 2022, re-introduces the deductibility of Mineral Royalty Tax (MRT) paid under the Mines and Minerals Development Act, 2015 when computing a mining company's taxable income for corporate income tax purposes. The Act removes mineral royalty from the list of non-deductible expenditures in section 44 of the Income Tax Act, reversing a non-deductibility rule that had applied since a 2015-era amendment and that mining companies and industry stakeholders had argued produced double taxation of the same revenue stream. Deductibility is conditional on the royalty having actually been paid for the charge year.

Germany's Lieferkettensorgfaltspflichtengesetz (LkSG), promulgated 16 July 2021 (BGBl. I 2021 S. 2959), requires German-headquartered companies to conduct mandatory human-rights and environmental due diligence across their own operations and direct suppliers (with cause-based obligations extending to indirect suppliers). Enforced by BAFA with administrative fines up to EUR 8 million or 2% of global annual turnover for firms with revenue ≥ EUR 400 million. The act applies to ~3,000 German corporates from 1 January 2023 (≥3,000 employees) and was extended to ~5,000 firms from 1 January 2024 (≥1,000 employees). A September 2025 cabinet amendment removed the annual-reporting obligation and narrowed sanctionable omissions to serious violations.

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.

Loi n° 2014-138, adopted by the Assemblée nationale and promulgated by President Alassane Ouattara on 24 March 2014, is the foundational mining-rights statute governing all mineral prospecting, research, and exploitation in Côte d'Ivoire. Its 197 articles across 16 titles repeal the prior Loi n° 95-553 (1995 Code Minier) and establish the modern permit regime, a 10% state free-carry in all industrial mining projects via SODEMI, and the royalty + ad valorem fiscal architecture that underpins every subsequent mining-convention and fiscal-law amendment. As West Africa's second-largest gold producer (approx. 45 t/yr) with growing bauxite and manganese exploration, CI's mining-code architecture is a material determinant of supply-chain access for Western and Chinese industrial consumers of these commodities.