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COM position paper to MC

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 Congo, the Democratic Republic of the
Year
RGI Edition Year 2021
Topic Beneficial ownership, Commodity prices, Contract transparency and monitoring, 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?,
1.1.7b: Do rules require public disclosure of beneficial owners of extractive companies?,
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?,
1.1.4b: From 2015 onwards, and prior to each licensing process, did the licensing authority actually disclose a list of biddable or negotiable terms?,
1.1.4c: From 2015 onwards, and prior to each licensing process, did the licensing authority actually 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)?,
1.1.6a: From 2015 onwards, and after each licensing process, did the licensing authority actually 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?,
1.1.2d: Does the publicly available registry of licenses/contracts give the names of companies that hold an interest in a given area/block?,
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?,
1.2.3a: Is the government required to publicly disclose data on payments from extractive companies to the government?,
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?,
1.3.2a: From 2015 onwards, have EIAs and/or SIAs been publicly disclosed?,
1.3.3a: Are extractive companies required to prepare environmental mitigation management plans prior to development?,
1.3.5b: Are there rules governing rehabilitation and closure of extractive projects?,
1.3.6a: From 2015 onwards, have the procedures governing rehabilitation and closure of extractive projects been adhered to?,
1.4a: What proportion of equity shares does the government own in extractive companies?,
1.4.7b: Are there rules that determine the prices at which the SOE should sell its production?,
1.4.7d: Are there rules that require the SOE or government to publicly disclose information on the sale of production by the SOE?,
1.4.8a: Does the SOE or government publicly disclose the volume of production sold by the SOE? ,
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?,
2.3.1c: Are there numeric rules governing the size of deposits into the sovereign wealth fund?,
4.1d: Which areas does the law, policy or state equity promoting forward linkages from extractive industries cover?,
5.4a: Do rules require environmental inspection reports to be publicly disclosed?,
5.8b: Does the SOE disclose its corporate structure?
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Are the RGI questions here tagged with law and/or practice Law and
Practice (Both)
Publisher
Author
Source or API link https://www.mines-rdc.cd/fr/wp-content/uploads/Code%20minier/J.O._n%C2%B0_spe%C3%ACcial_du_28_mars_2018_CODE_MINIER%20DE%20LA%20RDC.PDF
Maintainer Natural Resource Governance Institute
Maintainer Email Natural Resource Governance Institute