The mining sector in the Democratic Republic of Congo is governed by strict rules aimed at ensuring transparency, traceability, environmental protection, operational safety and preservation of natural resources.

The Mining Code (Law No. 007/2002 as amended by Law No. 18/001 of 9 March 2018) and Mining Regulations (Decree No. 038/2003 as amended by Decree No. 18/024 of 8 June 2018) provide a comprehensive regime of administrative, civil and criminal sanctions applicable to operators, individuals and entities involved in mining activities.

Under these texts, sanctions aim to punish:

• Failure to meet technical obligations (Articles 195 to 207 of the Mining Code);
• Environmental violations, including those covered by Article 306 of the Mining Code;
• Non-compliance with social obligations set out in mining agreements;
• Mining fraud and smuggling, as defined in Article 4 of Decree No. 23/19 of 9 June 2023;
• Illegal exploitation without a title or outside authorised perimeters (Articles 299 to 311 of the Mining Code);
• Obstruction of State control missions, including obstruction of IGM inspections.

Sanctions under the Mining Code and Mining Regulations may take several forms, including:

• Administrative and criminal fines that may reach several million dollars depending on the severity of the offence (Articles 299 to 311 of the Mining Code);
• Penal servitude for serious offences, including fraud, smuggling or illegal exploitation;
• Suspension or withdrawal of mining rights in cases of repeated or serious breaches (Articles 202, 203 and 204 of the Mining Code);
• Seizure of mineral substances from illicit activities, in accordance with Mining Regulations;
• Temporary or permanent closure of a site in cases of danger, non-compliance or serious offences;
• Legal proceedings initiated by the competent authorities.

Certain offences, particularly mining fraud and smuggling, are expressly defined and punished by Decree No. 23/19 of 9 June 2023, which strengthens the national framework for combating illicit activities in the mining sector.

In accordance with Articles 5, 6, 7 and 8 of Decree No. 23/19, the General Mine Inspection plays a central role in:

• Establishing offences at mining sites, trading counters and along logistics corridors;
• Documenting and qualifying facts in accordance with Mining Code requirements;
• Transmitting case files to competent judicial, administrative or tax authorities;
• Monitoring procedures through to effective application of sanctions;
• Inter-agency coordination with DGDA, PNC, CENAREF, Interpol, CEEC and provincial authorities.