Rwanda
Regulations of the Chief Executive Officer determining the Content of Mineral Processing and Trading Licences and Modalities of their Granting
Regulation 3 of 2019
- Published in Official Gazette 29bis on 29 July 2019
- Assented to on 18 July 2019
- Commenced on 29 July 2019
- [This is the version of this document from 29 July 2019.]
Chapter One
General provisions
Article One – Purpose of these Regulations
These Regulations determine:1ºthe content of a mineral processing licence;2ºthe content of a mineral trading licence;3ºrequirements for granting a mineral processing licence and modalities of its granting;4ºrequirements for granting a mineral trading licence and modalities of its granting;Article 2 – Definitions
In these Regulations, the following terms have the following meanings:1ºtrading: dealing in minerals, including buying minerals from holders of mining or mineral processing licences, selling minerals to licenced persons and importation and exportation of minerals;2ºprocessing: any activity which leads to cutting, polishing, smelting, refining and consumption or utilisation of minerals for creation of new products in any downstream industry;3ºBoard of Directors: Board of Directors of the public entity in charge of mines and quarries;4ºChief Executive Officer: Head of a public entity in charge of mines;5ºOrgan: a public entity in charge of mines and quarries;Chapter II
Modalities for granting a mineral processing licence
Article 3 – Application for a mineral processing licence
An application for a mineral processing licence is submitted to the Chief Executive Officer in the form prescribed in Annex IV of these Regulations.The application form is submitted together with the following documents:1ºthe applicant’s business registration certificate;2ºthe profile of the applicant;3ºthe applicant’s business plan;4ºtax clearance certificate;5ºproof of financial capacity to carry out the mineral processing activities;6ºproof of technical capacity to carry out the mineral processing activities;7ºany other relevant information or document as may be required by the Chief Executive Officer.Article 4 – Decision making on the application
The Chief Executive Officer takes decision on the application of a mineral processing licence within sixty (60) days from the date of receipt of a complete application file by the Organ.Where the application for a licence referred to under Paragraph One of this Article is rejected, the applicant may appeal to the Board of Directors within fifteen (15) days from the date on which he or she was notified of the decision taken.Article 5 – Granting a mineral processing licence
Where the Chief Executive Officer approves the application for a mineral processing licence, he or she grants a licence to the applicant in the form prescribed in Annex V of these Regulations.A mineral processing license is granted for a period of seven (7) years renewable subject to the holder’s compliance with the terms of the licence and relevant laws.Article 6 – Rights of a holder of a mineral processing licence
A holder of a mineral processing licence has the following rights:1ºto purchase minerals from holders of mining licences or mineral trading licences;2ºto sell or export processed minerals or products derived from minerals;3ºto import minerals in accordance with relevant laws.Article 7 – Obligations of a holder of a mineral processing licence
A holder of a mineral processing licence has the following obligations:1ºto present environmental and social impact assessment prior to the commencement of processing operations;2ºto pay taxes and fees in accordance with relevant laws;3ºto conduct all banking and financial transactions relating to mineral processing activities through financial institutions operating in Rwanda;4ºto keep records of contracts or transactions with miners, suppliers, buyers, smelters, refineries, banks as well as assay reports and customs records;5ºto allow authorised officers to inspect holder’s facilities and documents;6ºto submit a quarterly report in the form prescribed in Annex VI of these Regulations;7ºto submit to the Chief Executive Officer or a designated laboratory a sample of any minerals to be exported;8ºto open and operate local and foreign currency accounts in financial institutions operating in Rwanda for his or her activities.Chapter III
Modalities for granting a mineral trading licence
Article 8 – Application for a mineral trading licence
An application for a mineral trading licence is submitted to the Chief Executive Officer. The format and content for the application form of a mineral trading licence is in Annex I of these Regulations.The application form for a mineral trading licence is submitted together with the following documents:1ºapplicant’s local business registration certificate;2ºprofile of the applicant;3ºapplicant’s business plan consisting of a schedule of activities to be carried out under the licence and corresponding timelines, technologies to be used, costs and the manner of carrying out the activities;4ºtax clearance certificate;5ºproof of an amount of the Rwandan francs equivalent of two hundred and fifty thousand United States dollars (US$ 250,000) held in a local bank as a proof of the applicant’s financial capacity to carry out the trading activities;6ºany other document required by the Chief Executive Officer.Article 9 – Decision making on the application
The Chief Executive Officer takes decision on the application of a mineral trading licence within sixty (60) days from the date of receipt of a complete application file by the Organ.Where the application referred to under Paragraph One of this Article is rejected, the applicant may appeal to the Board of Directors within fifteen (15) days from the date he or she was notified of the decision taken.Article 10 – Granting a mineral trading licence
Where the Chief Executive Officer approves the application for a mineral trading licence, he or she grants it to the applicant in the form prescribed in Annex II of these Regulations.A mineral trading license is granted for a period of five (5) years renewable subject to the holder’s compliance with the terms of the license and relevant laws.Chapter IV
Rights and obligations of a holder of a mineral trading licence
Article 11 – Rights of a holder of a mineral trading licence
A holder of a mineral trading licence has the following rights:1ºto purchase minerals from holders of mining licences or holders of mineral processing licences;2ºto sell minerals to holders of mineral trading licences or mineral processing licences;3ºto import minerals in compliance with relevant laws;4ºto export minerals in accordance with relevant laws;Article 12 – Obligations of a holder of a mineral trading licence
A holder of a mineral trading licence has the following obligations:1ºto comply with these Regulations and other relevant laws;2ºto pay taxes and fees provided for by laws;3ºto conduct all banking and financial transactions relating to mineral trading activities only through authorised financial institutions in Rwanda;4ºto keep proper records of contracts or transactions with miners, suppliers, buyers, smelters, refineries or banks as well as assay reports and customs records;5ºto allow authorised officers to have access to the mineral trading licence holder’s facilities and documents for inspection;6ºto submit to the Chief Executive Officer a quarterly report in a form prescribed in Annex III of these Regulations;7ºto open and operate local and foreign currency accounts in a bank in Rwanda for the trading activities;8ºto submit to the Chief Executive Officer or a designated laboratory a sample of any minerals to be exported.Chapter V
Fees applicable to mineral processing and trading licences
Article 13 – Fees paid for a mineral processing licence
Fees paid for a mineral processing licence are as follows:1ºnon refundable licence application fees equivalent to one hundred Rwandan francs (FRW 100,000) non refundable;2ºnon refundable licence renewal fees equivalent to one hundred Rwandan francs (FRW 100,000);3ºannual licence fees equivalent to one hundred Rwandan francs (FRW 100,000).Article 14 – Fees paid for a mineral trading licence
Fees paid for a mineral trading licence are as follows:1ºnon-refundable application fee equivalent to two hundred thousand Rwandan francs (FRW 200,000);2ºlicence fees equivalent to one hundred thousand Rwandan francs (FRW 100, 000);3ºnon-refundable licence renewal fees equivalent to one million Rwandan francs (FRW 1,000,000);4ºannual licence fees equivalent to five million Rwandan francs (RW 5,000,000).Article 15 – Payment modalities
Fees referred to under Article 13 and 14 of these Regulations are deposited on the State’s account.The annual licence fees are paid by the thirty-first (31st) day of December of the following year.Chapter VI
Transitional and final provisions
Article 16 – Harmonisation with these Regulations
The existing mineral trading licences remain valid until the expiry date.However, renewal of mineral trading and processing licences is done in accordance with the provisions of these Regulations.Article 17 – Repealing provision
All prior provisions contrary to these Regulations are repealed.Article 18 – Commencement
These Regulations come into force on the date of their publication in the Official Gazette of the Republic of Rwanda.History of this document
29 July 2019 this version
Commenced
18 July 2019
Assented to