The holders of a Mining Permit must establish for approval by the Minister in charge of Mines and the Minister in charge of Finance, before the commencement of their operations, and for each phase of activity defined in Article 168 of this Code, a list called the “mining list.”
The contents of the mining list are strictly limited to the categories defined in Article 167 of this Code. It groups together all the equipment, materials, machines, raw materials and consumables for which the holder of the Mining Title requests an exemption from import duties and taxes during the exploration, and construction phases, pursuant to Articles 171, 171-I, 173 and 174 of this Code, or requests reduced rates of customs duties during the Operating Phase pursuant to Articles 179 and 180 of this Code.
The content of the mining list is particular to each phase of activity. A mining list for the Exploration Phase may contain only equipment, materials, machines, raw materials and consumables necessary for this Exploration Phase. A mining list for the construction phase may contain only equipment, materials, machines, raw materials and consumables necessary for this construction phase. A mining list for the Operating Phase may contain only equipment, materials, machines, raw materials and consumables necessary for this Operating Phase.
This mining list may be periodically revised as the requirements of holders of the Mining Title evolve. If there is any equipment, material, machines, raw material or consumables to be imported but does not appear on the previously defined and approved mining list, an amendment to the existing list must be filed with the Minister in charge of Mines and the Minister in charge of Finance for approval. This amendment must comply with all of the conditions relating to mining lists, particularly with regard to the categories and content of the list.
Nevertheless, equipment, material, machines, raw materials and consumables may not be included in the list if the equivalent thereof may be manufactured and found in Guinea and which are available on commercial terms at least equal to such goods to be imported.
The lists of goods belonging to Subcontractors must be an integral part of those of the companies holding Mining Titles to which they are linked. They must be included in a special column established in the name of each Subcontractor.
The terms relating to the filing, approval and revision of these mining lists are determined by regulation.
A committee composed of representatives of the MPCD, the Ministry in charge of the Budget and the Customs Agency is asked with examining the mining lists.
The Inspector General for Mines and Geology and the Customs Agency, in collaboration with the competent technical services, particularly the MPCD, the National Mining Authority, the National Geological Authority, the Bureau d’Études et de Stratégie, as well as all other competent departments are asked with the follow up of the mining list. They are responsible for following up with respect to the material, mining machines or any other products imported by the mining companies during the Exploration Phase.