Mining Local-Shareholding Rules Advance via Decree Talks and Katuala Bill

Kinshasa, DRC, August 4, 2026 - The ongoing discussions between the Mines Ministry and the Federation of Enterprises of Congo (FEC) Chamber of Mines have culminated in an agreement to draft a decree aimed at clarifying the modalities for the implementation of Article 71 bis of the Mining Code and Article 144 bis of the Mining Regulation. This agreement follows a letter from the Mines Ministry dated January 30, 2026, which set a compliance deadline of July 31, 2026, for mining companies to adhere to the new regulations concerning the shareholding of Congolese natural persons in mining company capital. The joint commission will now submit their findings on the draft decree to the Mines Minister, outlining both convergences and divergences.

In a related development, MP Kasanda Katuala Olivier has introduced a bill that seeks to operationalize the obligation for mining firms to cede 10% of their capital to Congolese nationals, effective August 1, 2026. This bill, which was deposited in March, stipulates that 5% of the capital must be allocated to workers and the remaining 5% to other Congolese nationals. To facilitate this, the bill proposes the establishment of a cooperative vehicle for the workers’ share, which would be funded through interest-free credit that is to be repaid from dividends. Additionally, the bill aims to create objective criteria and a public beneficial-owner register for non-employee nationals, thereby enhancing transparency in the share allocation process.

The proposed legislation also seeks to replace the current single sanction of license withdrawal with a system of graduated warnings, fines, and suspension of tax benefits. This change is intended to mitigate the risks associated with arbitration, providing a more balanced approach to enforcement. The bill follows Katuala's earlier push for banking-sector reforms in January 2026 and runs parallel to the government's efforts to finalize the implementing decree for the mining shareholding regulations. These developments reflect a significant shift in the DRC's approach to local shareholding in the mining sector, aiming to bolster national ownership and participation in the industry.