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Code minier 2011, amendé en 2013

This document is part of the source library for NRGI's 2021 Resource Governance Index, a comprehensive measure of the quality of natural resource governance in oil, gas and mineral-rich countries. To access the full dataset and all other index resources, visit https://resourcegovernanceindex.org.

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Additional Info

Field Value
Sector Mining
Country Guinea
Year
RGI Edition Year 2021
Topic Beneficial ownership, Contract transparency and monitoring, Economic diversification, Legislation and regulation, Licensing and negotiation, Mandatory payment disclosure, Measurement of environmental and social impacts, Open data, Revenue management, Revenue sharing, Sovereign wealth funds, State-owned enterprises, Subnational governance, Tax policy and revenue collection
Document Type PDF
RGI Sub-component
RGI Questions 1.1a: How does the country legally define the ownership of subsoil extractive resources?,
1.1.9a: Is the government required to publicly disclose all signed licenses/contracts with extractive companies?,
1.1.7a: Are senior public officials required to publicly disclose their financial holdings in extractive companies?,
1.1.8b: From 2015 onwards, have the beneficial owners of extractive companies been disclosed?,
1.1b: Who is the licensing authority (i.e. who has the authority to grant exploration and extraction rights to companies)?,
1.1.3d: Is the licensing authority independent from the SOE?,
1.1c: What licensing process does the licensing authority follow?,
1.1.3a: Is the government required to set pre-defined criteria by which companies become qualified to participate in a licensing process?,
1.1.4a: From 2015 onwards, did the licensing authority publicly disclose minimum pre-defined criteria by which companies become qualified to participate in licensing processes?,
1.1.3b: Prior to each licensing process, is the licensing authority required to disclose a list of biddable terms or negotiable terms?,
1.1.4b: From 2015 onwards, and prior to each licensing process, did the licensing authority actually disclose a list of biddable or negotiable terms?,
1.1.3c: Prior to each license process, is the licensing authority required to disclose the rules governing the licensing process, such as auction or negotiation rules?,
1.1.10c: Who has the primary authority to monitor compliance with the operational aspects of licenses/contracts?,
1.1.5a: Following each licensing process, is the licensing authority required to disclose the list of companies that submitted license applications (in the case of a first-come, first served; or negotiation round) or bids (in the case of an auction)?,
1.1.5b: Following each licensing process, is the licensing authority required to publicly disclose the identity of the winning bidder or applicant?,
1.1.5c: Following the licensing process, is the licensing authority required to publicly disclose the list of areas or blocks allocated?,
1.1.5d: Are there rules that companies can follow to appeal licensing decisions?,
1.1.10d: Is the legislature required to ratify licenses/contracts?,
1.2a: What is the fiscal system for extractive resources?,
1.2.5a: Do rules specify the income tax rate(s) applying to extractive companies? ,
1.2.5b: Do rules specify the royalty rate(s) applying to extractive companies?,
1.2.5c: Do rules specify the level of state equity (or options for state equity such as carried interest) in extractive companies ?,
1.2.5d: Do rules specify the withholding tax rate(s) applying to extractive companies payments?,
1.2.5e: For countries using production sharing agreements, do rules specify the company and government production shares?,
1.2.3a: Is the government required to publicly disclose data on payments from extractive companies to the government?,
1.2.6a: Is the government required to make all payments to the national treasury or deposit them into a national resource account, aside from amounts legally retained by SOEs?,
1.2.6b: Is the national tax authority required to audit extractive companies?,
1.3.1a: Are extractive companies required to prepare an EIA and/or SIA prior to development?,
1.3.1b: Is there a requirement for the EIA and/or SIA to be publicly disclosed?,
1.3.1c: Are extractive companies required to prepare an SIA prior to development?,
1.3.1d: Is there a requirement for the SIA to be publicly disclosed?,
1.3.3a: Are extractive companies required to prepare environmental mitigation management plans prior to development?,
1.3.3b: Is there a requirement for environmental mitigation management plans to be publicly disclosed?,
1.3.5a: Do rules require the government to set penalties (i.e. fines, license suspension or license revocation) for non-compliance with environmental mitigation management plans?,
1.3.7a: Are there rules governing compensation to landowners or land users when project development interferes with their access to or use of land?,
1.3.7b: Are there specific procedures governing the resettlement of land users when project development interferes with their access to or use of land?,
1.3.5b: Are there rules governing rehabilitation and closure of extractive projects?,
2.2a: Does the central government transfer extractive resource revenues to subnational governments?,
2.2b: Are there specific rules governing the transfer of extractive resource revenues (i.e. are these rules distinct from those governing other types of transfers)?,
2.2c: Do rules specify that subnational governments of producing areas should receive a higher share of extractive resource revenues than those of non-producing areas?,
2.2.1a: Do rules specify which subnational agencies receive the extractive resource revenues transferred from the central government?,
2.2.2a: Do rules specify a formula governing the transfer of extractive resource revenues between the central government and subnational governments?,
2.2.3a: From 2015 onwards, did the central government disclose the amount of revenues transferred to subnational governments?,
2.2.4a: Do rules require that an external body periodically audit the transfers of extractive resource revenues to subnational governments?,
2.2.5a: Were transfers of extractive resource revenues to subnational governments externally audited over the most recently completed audit timeframe?,
2.3a: Does the country have a natural resource fund which is funded by extractive resource revenues?,
4.1a: Is local content promoted in laws or policies?,
4.1b: Which areas does the law or policy governing the requirement or incentive for local content in the extractive industries cover?,
4.1c: Is the development of forward linkages promoted in laws, policies or by state equity?,
4.1d: Which areas does the law, policy or state equity promoting forward linkages from extractive industries cover?,
4.1.1a: Are there rules in law or public policy which require public reporting of local procurement statistics?,
4.1.1b: Are there rules in law or public policy which require public reporting of local employment statistics?,
4.1.3a: Are there rules in law or public policy which require public reporting of processing statistics?,
4.1.3b: Are there rules in law or public policy which require public reporting of domestic supply statistics?,
4.1.5a: Are there rules which require publication of information about extractive industry suppliers' identities?,
4.1.6a: Does the country publish information about suppliers' identities?,
4.1.6b: From 2019 onwards, have the beneficial owners of extractive industry suppliers been disclosed?,
5.2a: Do rules specify withholding taxes applicable to payments to non-resident extractive industry suppliers?,
5.4a: Do rules require environmental inspection reports to be publicly disclosed?,
5.6a: Are there rules governing compensation when project development interferes with people's livelihoods (aspects of both tangible and intangible value)?,
5.6b: Do existing rules governing the compensation and resettlement process include the following principles: - principle of consent of affected persons - principle of replacement cost for compensation - the right to be assisted for the restoration of livelihoods - the right to appeal against decisions on compensations.,
5.6c: Are there rules requiring the disclosure of the Resettlement Action Plan or the Livelihood Restoration Plan, in the event that they are required when a project interferes with people's livelihoods?
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Source or API link https://mines.gov.gn/docs/PDF/codes/Code_Minier_2011_amende_2013_bilingue_FR-EN.pdf
Maintainer Natural Resource Governance Institute
Maintainer Email Natural Resource Governance Institute