I OVERVIEW

During the past few years, Burkina Faso has achieved a strong economic performance, reflected by a significant increase in gross domestic product (GDP) from 3.7 per cent in July 2015 to around 6.7 per cent in January 2018, supported by a significant increase in public investment in the mining sector.

The proportion of GDP originating from mining activity has increased by 500 per cent between 2008 and 2017 and the government of Burkina Faso anticipates that the mining sector will contribute to 10.2 per cent of annual GDP in 2020, compared to 8.3 per cent in 2016.

Burkina Faso has rich and varied mining potential, as illustrated by the many current mining projects, including 12 at the exploitation phase (11 gold projects and 1 zinc project). Roxgold, Iamgold, Endeavour Mining, Teranga Gold Corporation and Semafo are some of the mining companies that are active in the country. In terms of mining exploration investments, Burkina Faso is the second most dynamic country in Africa.

Burkina Faso is also the fourth largest gold producer in sub-Saharan Africa and gold is the top export product, with a continuing increase in production (46.4 tons in 2017 and a predicted total of 55 tons in 2018). Other mineral resources include zinc, diamond, manganese, copper, iron and nickel.

A new Mining Code was adopted on 26 June 2015 by the National Transition Council (NTC) after the popular uprising, and entered into force on 16 July 2015.

The reform of the new Mining Code was aimed in particular at striking a balance between the state's interest and the rights of the mining operators, as well as including new provisions on environment protection, human rights and the fight against rural poverty, notably by the creation of a local development fund for areas hosting mining sites, in line with the legislation of other francophone mining jurisdictions.

In order to promote good governance and transparency in the mining sector, Burkina Faso became a member of the Extractive Industries Transparency Initiative in 2008. Burkina Faso has also expressed an interest in joining the Kimberley Process but has not yet been admitted.

II LEGAL FRAMEWORK

The main laws applicable to mining activities in Burkina Faso are:

  1. Law No. 036-2015/NTC dated 26 June 2015 relating to the Mining Code;
  2. Decree No. 2017-023 dated 23 January 2017 relating to mining taxes and royalties;
  3. Decree No. 2017-024 dated 23 January 2017 relating to the organisation, operation and collection of the local development fund;
  4. Decree No. 2017-0035 dated 26 January 2017 relating to the model mining convention;
  5. Law No. 2017-028/AN dated 18 May 2017 relating to the trade of gold and other precious minerals in Burkina Faso;
  6. Decree No. 2017-036 dated 26 January 2017 relating to the management of mining titles and authorisations;
  7. Decree No. 2017-068 dated 15 February 2017 relating to the organisation, operation and collection of the fund for rehabilitation and closure of mines;
  8. Decree No. 2018-0232 dated 26 March 2018 relating to the level of production for semi-mechanised exploitation and industrial exploitation of small-scale mines;
  9. Decree No. 2018-0249 dated 29 March 2018 relating to the grant and renewal of approval for the trade of gold and other precious minerals from artisanal or semi-mechanised production;
  10. Law No. 006-2013 dated 2 April 2013 relating to the environmental code (the Environmental Code); and
  11. the General Tax Code of Burkina Faso (as amended).

Burkina Faso is a member of the West African Economic and Monetary Union (WAEMU) and the Economic Community of West African States (ECOWAS) and is therefore bound by the following regulation and guidelines:

  1. the West African Economic and Monetary Union (WAEMU) Regulation No. 18/2003/CM/WAEMU dated 23 December 2003 relating to the Mining Code; and
  2. ECOWAS Directive No. C/DIR3/05/09 dated 27 May 2009 harmonising guidelines and policies in the mining sector.

III MINING RIGHTS AND REQUIRED LICENCES AND PERMITS

i Title

The mining titles, as defined in the Mining Code, are as follows:

  1. exploration licence;
  2. industrial exploitation licence (large-scale or small-scale mines);2
  3. semi-mechanised exploitation licence for mining substances;3
  4. authorisation for the industrial exploitation of quarry substances; and
  5. authorisation for the semi-mechanised exploitation of quarry substances.4

An exploration licence is required before applying for an industrial exploitation licence (large-scale or small-scale mines). Industrial exploitation licences (large-scale mines) are used for the largest projects in Burkina Faso.

Ownership of minerals

Any mineral substances and natural deposits contained in the soil and the subsoil are the property of the state of Burkina Faso.5 However, any holder of a mining title is granted exclusive rights to the area of its licence for the relevant mineral subject to its mining title and is entitled to dispose of the minerals that have been extracted.

Participation

The Mining Code provides that the state shall be granted a 10 per cent free equity participation in the company holding an exploitation licence and allows the state to acquire additional equity if it reaches an agreement with the investor.6

It should be noted that, similarly to other francophone jurisdictions, the state benefits from a priority dividend that is payable to the state before any other allocation of the distributable profit.

ii Surface and mining rights

As a general principle, mining licences are served on a first-come, first-served basis.

Exploration licence

An application for an exploration licence must be filed with the mining registry with specific documents and information, such as information about the applicant, the projected work plan for the first year of exploration and the corresponding budget.7 There is no requirement that the applicant be a company incorporated under Burkinabe law for exploration licences.

The exploration licence is granted by an order of the Minister of Mines within 60 days of the date of application provided that the applicant complies with the mining regulation.

The granting of the licence to the applicant is, in particular, conditioned upon payment by the applicant of a fixed duty and a copy of the certificate of registration of the applicant.8

The exploration licence confers on its holder the exclusive right to explore within the limits of its perimeter the mineral substances specified in the licence and the exclusive right to dispose of the products extracted during the exploration phase.9

Industrial exploitation licence (large-scale or small-scale mines)

An application for an industrial exploitation licence must be filed at least 90 days before expiry of the exploration licence relating to the same area and minerals.10 The applicant must be a company incorporated under Burkinabe laws.11

The application is filed with the mining registry with the documents specified by Article 70 of Decree No. 2017-036 dated 26 January 2017 relating to the management of mining titles and authorisations, which notably includes:

  1. a feasibility study established by a local or internationally recognised firm (which shall include a training and promotion plan for the local managers and staff);
  2. any favourable advice from the Minister of Environment based on an environmental and social impact study, an environmental management and social plan and a rehabilitation and closure plan;
  3. a draft mining convention to be signed with the state;
  4. a commitment to transfer to the state 10 per cent in the exploitation company; and
  5. a closure and rehabilitation plan.

Once received, the administration must send the application to a specific technical committee within 30 days. It must then be submitted to the Council of Ministers within 60 days of receipt of the advice given by that technical committee.12

An industrial exploitation licence is granted by a decree of the Council of Ministers based on a report by the Minister of Mines13 and officially notified to the applicant.

An industrial exploitation licence confers on its holders the exclusive right of exploitation of the deposits identified in the licence, within the limits of the initial exploration area.14

While the Mining Code specifies that an industrial exploitation licence is an immovable real property right that can be the subject of a mortgage or pledge, a mortgage is generally preferred, as real property.15

Semi-mechanised exploitation licence

A semi-mechanised exploitation licence can be granted only to companies created under Burkinabe law. Applications are filed with the mining registry.

Decree No. 2017-036 lists the documents required for an application, which include an environmental impact study and environmental feasibility advice from the Minister of the Environment.

A semi-mechanised exploitation licence is granted by a decision made by the Council of Ministers within 60 days of the application, following the advice of the Minister of the Environment and the Minister of Mines. It confers on its holders the exclusive right to exploit and dispose of the mining substances specified in the licence according to mining regulation.16

Authorisation for industrial or semi-mechanised exploitation of quarry substances

An application for an authorisation of exploitation of quarry substances is filed with the mining registry with the documents specified in Decree No. 2017-036, which shall include information about the applicant and, depending on the nature of the work, an environmental impact study.

An authorisation for industrial exploitation of quarry substances is granted by an order of the Minister of Mines. It confers on its beneficiaries the exclusive right to exploit quarry substances contained on and below the surface. It also grants several other rights, such as the right to dispose of products on the internal market or to export them.17

The same process applies to semi-mechanised exploitation of quarry substances.

Conditions for undertaking mining activities

Any individual or legal entity of any nationality holding a mining title or obtaining an authorisation can carry out mining activities governed by the Mining Code as long as it elects to have its main domicile in Burkina Faso and has an agent whose identity and qualifications are provided to the Administration of Mines.18

In addition, any holder of an exploitation licence must set up a legal entity governed by Burkinabe law and have its registered office in Burkina Faso.

Holders of mining titles shall comply, among others, with a number of obligations depending on the type of their licence, which include the following:

  1. Exploration licence:
    • carry out the exploration programme submitted to the mining administration;
    • produce an annual report of completed work;
    • begin the exploration work at least six months after being granted the licence and pursue it;
    • comply with the environmental regulations;
    • inform local authorities of the nature of work to be undertaken on the territories that are the subject of the exploration licence; and
    • generally, comply with the obligations set out in the Mining Code.19
  2. Exploitation licence:
    • begin the development work within two years of issuance of the licence; and
    • exploit the deposit in accordance with the feasibility study and the development plan submitted to the Administration of Mines.20

Failure to comply with the obligations set out in the Mining Code may give rise to penalties specified by Article 55 of the Mining Code and may result in withdrawal of the licence.

Term of validity of mining rights

  1. Exploration licence: valid for three years from its issuance and renewable twice for successive periods of three years (subject to the fulfilment of duties and obligations provided by the Mining Code).
    • Industrial exploitation licence for large-scale mine: valid for an initial 20-year period from its issuance or for the life of the mine (as determined in the relevant feasibility study) if earlier.
    • Industrial exploitation licence for small-scale mine: valid for an initial 10-year period from its issuance and for the life of the mine (as determined in the relevant feasibility study) if earlier.
    Both types of industrial exploitation licence are renewable for consecutive periods of five years until the relevant deposits are exhausted
  2. Semi-mechanised exploitation licence: valid for five years from its issuance and renewable for three additional years.
  3. Authorisation for industrial exploitation of quarry substances: valid for five years from its issuance and renewable for three years.
  4. Authorisation for semi-mechanised exploitation of quarry substances: valid for three years from its issuance and renewable for three years.
  5. Authorisation for artisanal exploitation of quarry substances: valid for two years from its issuance and renewable for two years.
  6. Authorisation for temporary exploitation of quarry substances: valid for the period defined in the authorisation without exceeding one year.

Assignment of mining rights

Assignment of mining titles remains subject to the approval of the Minister of Mines.21

The procedure for the transfer of a mining title is set out in Decree No. 2017-036, which also describes the procedure for assignment, transmission, merger, spin-off and transformation of mining title. The transferee must offer the same guarantees as the transferor of the mining title for the execution of the obligations stipulated under the Mining Code.

Industrial exploitation licences and semi-mechanised licences can only be transferred to companies created under Burkinabe law.

Protection of mining rights

The protection of the holder of a mining title stems from the Mining Code and, as the case may be, a mining convention entered into between any industrial exploitation licence holder and the Minister of Mines within six months of the grant of the relevant permit.22 A model of mining convention (i.e., a standard form of mining convention) is provided by Decree No. 2017-0035 dated 26 January 2017 relating to the model of mining convention.

A mining convention is valid for the same period as the industrial exploitation licence (20 years).

A mining convention supplements the Mining Code and contains a number of additional protections for the holder of a mining licence. For example, the Mining Convention guarantees that the mining facilities and the extracted substances cannot be requisitioned or expropriated by the state except on grounds of public necessity and subject to payment of fair and prior compensation.23

It contains notably stabilisation provisions that offer assurances to a mining title-holder that it will not be affected by a change in certain taxes during the term of the mining title.

The stabilisation of the tax regime is guaranteed by the provisions of the Mining Code for each holder of an exploitation licence or an authorisation of exploitation during the period of validity period of the relevant licence, without exceeding 20 years. The stabilisation protection applies to any mining tax, royalty or duty but it is not applicable to the holders of an authorisation of artisanal exploitation24 or exploration licences.

Mining titles and authorisations, and mining conventions, shall be published in the Official Gazette of Burkina Faso.25

Maximum area of the licence

The maximum area granted for an exploration licence is 250 square kilometres and 1 square kilometre for a semi-mechanised exploitation licence.26

The maximum area for an industrial exploitation licence depends on the deposit that is the subject of the projected exploitation (as specified in the feasibility study) and cannot exceed the area of the exploration licence.27 In practice, the applicant specifies the relevant area in the application and the Decree granting the licence determines the boundaries of the licence.

iii Additional permits and licences

Additional permits and licences (such as environmental licences) may be required depending on the nature of the mining project, its location in Burkina Faso and the relevant needs of infrastructure for the project.

Note that prospection, processing, transportation, transformation and sale of mineral substances are subject to an administrative authorisation of the Administration of Mines.

iv Closure and rehabilitation of mining projects

Decree No. 2017-068 dated 15 February 2017 relating to the rehabilitation and closure of mines provides that the holder of an industrial or semi-mechanised exploitation licence or an authorisation for industrial exploitation of quarry substances shall provide a rehabilitation work plan and a closure plan relating to the mining site.

Any holder of an industrial exploitation licence, a semi-mechanised exploitation licence or an authorisation for industrial exploitation of quarry substances shall open and provision a fiduciary account at the Central Bank of West African States, or at any commercial bank in Burkina Faso, in order to secure the environment protection and rehabilitation programme costs.28

The rehabilitation programme and estimated rehabilitation costs are submitted each year to a technical committee formed by the Minister of Mines, the Minister of the Environment and the relevant local authorities.

At least one year before the end of the exploitation works, the title-holder submits its closure plan and the estimated closure and decommissioning costs to the aforementioned technical committee.

At the end of the exploitation phase, a licence or authorisation holder must carry out rehabilitation work on the mining site in order to be given a discharge that releases them from their obligations. If the holder of a licence or authorisation fails to perform its rehabilitation obligations, the state can dispose of the necessary amounts to undertake the necessary rehabilitation work at the mining site.29

IV ENVIRONMENTAL AND SOCIAL CONSIDERATIONS

i Environmental, health and safety regulations

The Mining Code and regulations contain general provisions that regulate the environmental, health and safety aspects of mining activities but the environmental aspects are more specifically regulated by the Environmental Code and its implementing regulations.

In addition, any applicant for a mining title, except for exploration licences or authorisation for quarries, is required to undertake an environmental impact study (along with a public survey and an environmental management and mitigation plan).

Environmental compliance

Mining activity shall be undertaken in respect of all applicable national mining laws and comply with environment and safety regulations.30

An industrial exploitation licence and a semi-mechanised exploitation licence for mineral substances are also granted following the advice of the Minister of the Environment based on the social and environmental impact study.31

For the exploration and exploitation of radioactive ores, mining title and authorisation holders are subject to specific regulations relating to environment radiological monitoring.32

There is no specific environmental licence mentioned in the Mining Code but the environmental impact study and the advice of the Minister of the Environment are key to obtaining an exploitation licence.

Each mining title or authorisation may be withdrawn without any compensation by the Administration of Mines after a formal notice has remained unsuccessful for 60 days in the event of non-compliance with the obligations set out in the environmental and social impact study.33

Third-party rights

Local populations have the right to take part in the process of decision, development and implementation of programmes that affect the environment. They also have the right to use natural resources and may indirectly benefit from the profits of exploitation of mineral substances.34

The public authorities shall take the necessary action to satisfy the essential needs of the population in order to prevent problems that may be prejudicial to the environment.35

The mining title and authorisation holders undertaking mining activities shall also be bound to respect the human rights of the affected communities.36

The occupancy of lands by title-holders confers on the landowner or occupiers the right to fair and prior compensation.37

Local development and mining funds

The Mining Code has created funds that may require a contribution from the holders of mining titles, including:

  1. a local mining development fund, financed by the state (15 per cent of the collected proportional royalties) and by a contribution by licence holders equal to 1 per cent of their turnover before tax;
  2. a rehabilitation and closure fund;
  3. a rehabilitation and securement fund in relation to artisanal mining sites and the fight against the use of prohibited chemical products; and
  4. a fund for the financing of geological and mining research and support in the training of earth sciences.

Additional considerations

A mining title may be withdrawn on the grounds of non-compliance with the environmental and social impact study.

V OPERATIONS, PROCESSING AND SALE OF MINERALS

i Processing and operations

The processing of mineral substances is subject to a specific administrative authorisation by the Administration of Mines (which does not imply the granting of the mining title).38

Any individual or legal entity undertaking operations for the processing of mineral substances is required to make a biannual declaration to the Minister of Mines.39

Use of foreign labour and services

Use of foreign labour

The Mining Code provides that mining title-holders, their suppliers and subcontractors must give priority to employing Burkinabe executives of equal qualification and irrespective of their gender, having the skills required for the effective conduct of mining operations.40

The company shall submit a training plan for local executives to the Administration of Mines in order to replace expatriated staff gradually. The employment contracts for foreign employees shall also be covered by labour administration.41

Use of foreign services

The mining title holders and the beneficiaries of authorisation and their subcontractors shall give priority to local companies for any contract for the supply of goods and services at equivalent conditions of price, quality and time.42

ii Sale, import and export of extracted or processed minerals

Any individual or legal entity taking part in the operations of purchase, sale, import or export of minerals is required to make a biannual declaration to the Minister of Mines. The sale of minerals, in particular, is subject to an administrative authorisation by the Administration of Mines.43

Furthermore, undertaking the activities of purchase, holding, processing, sale and export of gold produced artisanally is subject to prior approval granted only to companies registered in Burkina Faso for purposes relating exclusively to the purchase, sale and export of gold or other precious minerals44 produced artisanally or in a semi-mechanised way.45

The grant of this approval is conditional upon:

  1. payment by the applicant of 5 million CFA francs as approval right; and
  2. lodging a security of 5 million CFA francs with the Public Treasury to be recovered in the event of permanent cessation of activities.46

Any artisanal or industrial operator who does not keep in its head office, or in its purchasing centre, records relating to production, sale or export, or does not establish records for its operations, may be subject to a fine amounting to twice the value of the gold or other precious mineral that has not been recorded.

This fine shall in any case not exceed:

  1. 2 million CFA francs for an artisanal operator; and
  2. 20 million CFA francs for an industrial operator.47

Furthermore, pursuant to WAEMU Regulation No. 09/2010/CM, the import and export of gold from or to foreign countries is subject to prior authorisation by the Minister of Finances.48 Note that repatriation requirements also apply (see below).

iv Foreign investment

Exchange control regulations are applicable, in particular WAEMU Regulation No. 09/2010/CM on external financial relations of member states of WAEMU.

Subject to compliance with foreign exchange regulations, foreign investors have the right to transfer, in the currency used at the time of the investment, profits, all types of proceeds from the invested capital, proceeds from liquidation or realisation of their assets and salaries.

Within the CFA franc zone, the transfer of funds is free. There are no exchange controls between Burkina Faso and the other countries that are within the CFA franc zone.

In line with WAEMU regulations, most financial operations must be performed through authorised (locally licensed) intermediary banks. Specific authorisations must be obtained to open offshore accounts or onshore foreign currency accounts.

In addition, pursuant to WAEMU regulations, onshore and offshore accounts in a foreign currency held by Burkinabe entities are subject to the approval of the Minister of Finance (acting with the prior consent of the Central Bank of West African States). In practice, the opening of offshore or onshore accounts in a foreign currency can prove difficult.

All revenues from the sale of minerals must be repatriated to Burkina Faso49 within one month of the due date of payment, which in turn must occur within 120 days of the date of shipment.

Subject to compliance with the above WAEMU regulations, there are specific protections of foreign investment beneficial to the mining title-holder or authorisation holder during the period of validity of the title or authorisation, such as:

  1. the right to transfer abroad the funds intended for the repayment of debts contracted abroad and for the payment of foreign suppliers;
  2. the right to transfer abroad the dividends and income from invested capital and the proceeds of the liquidation or the market value of its asset; and
  3. the right to free access to currencies at market rates.50

VI CHARGES

Articles 143 et seq. of the Mining Code set out specific taxes and duties to be paid by mining title-holders and authorisation holders, which include the payment of fixed and proportional duties. Fixed duties, as specified by Decree No. 2017-023,51 are paid prior to the issuance, renewal, transfer, farm-out transaction and extension of mining titles or authorisation, or any amendment to a development and exploitation plan for mines and quarry substances.

The fixed duties include duties on quarry substances and mining substances. These are generally of nominal value.

i Royalties

The proportional duties are specified by Decree No. 2017-023 and include a surface tax, to be paid annually by any title-holder or authorisation holder, based on the occupied land area and the duration of the title or authorisation; for example, the surface tax for industrial exploitation licences (large-scale mines) (other than for uranium) is as follows:

  1. for the first five years: 7,500,000 CFA francs per square kilometre per year;
  2. from the sixth to the 10th year: 10,000,000 CFA francs per square kilometre per year; and
  3. from the 11th year: 15,000,000 CFA francs per square kilometre per year.

Proportional royalties related to the value of extracted or sold products are based on the value and nature of the extracted products.52

For example, the proportional royalties for industrial exploitation licences (large-scale mines) are calculated as a percentage of the turnover of the sold product that has been extracted:

  1. 8 per cent for uranium;
  2. 7 per cent for diamond and other precious stones;
  3. between 3 and 5 per cent for gold depending on the market price fixed by the London Metal Exchange (3 per cent if the gold price is less than US$1,000, 4 per cent if the gold price is between US$1,000 and US$1,300 and 5 per cent if the gold price exceeds US$1,300);
  4. 4 per cent for other precious metals; and
  5. 3 per cent for base metals and other mineral substances.

ii Taxes

Mining title-holders benefit from a specific tax regime at the exploration and exploitation phases.

Exploration phase

Mining title-holders are exempted from paying VAT during the exploration phase on the import and acquisition of goods required to carry out the geological or mining activities, with certain exceptions.

Mining title-holders also benefit from an exemption on:

  1. industrial, business, agricultural profit or corporate tax;
  2. minimum flat-rate perception tax;
  3. contribution of business licensing tax;
  4. tax instalments;
  5. apprenticeship tax; and
  6. registration fees of capital increase.

Exploitation preparatory works

Holders of exploitation licences or authorisations for exploitation of quarries are exempted from payment of VAT as specified by Article 154 of the Mining Code when:

  1. the preparatory work is carried out by the licence or authorisation holder; and
  2. construction of the mine is subject to a turnkey contract.

These exemptions shall not exceed two years for mines but may be extended to one additional year if the investments represent more than 50 per cent of the projected investments.53 The benefit of the exemptions shall end on the date commercial production commences.

Exploitation phase

Holders of exploitation licences are liable to pay:

  1. tax on profits at the standard rate; and
  2. tax on securities income at a rate of 6.25 per cent.

Holders of exploitation licences benefit from a tax exemption for seven years on:

  1. minimum flat-rate perception;
  2. contributions of business licensing tax;
  3. apprenticeship tax; and
  4. mortmain tax.54

However, if the term of an exploitation licence is less than 14 years, the exemption period shall not exceed half of the valid term. The exemptions are applicable from the date of the first commercial sale.

iii Duties

During the exploration phase, any import of equipment intended for exploration activities is subject to the payment of the following duties or charges based on its value:

  1. a custom duty of 5 per cent;
  2. a statistical charge of 1 per cent;
  3. a community solidarity levy of 1 per cent;
  4. a community levy of 0.5 per cent; and
  5. any other community levy.55

This taxation is also applicable to spare parts for imported machines and equipment, the value of which may not exceed 30 per cent of the cost, insurance and freight import value of the machines and equipment imported.

Exploration title-holders benefit from the temporary admission regime for any imported materials, professional equipment and machines intended for exploration activities.56

During the three years of exploitation preparatory work, holders of industrial exploitation licences are exempted from the payment of duties for the import of equipment intended for the production of energy and for the operation of special vehicles.57

As regards importing exploitation equipment, from the date of its first commercial production, each industrial exploitation licence holder is subject to the payment of the same duties as for the exploration phase (see above) for the import of equipment intended for the production of energy and for the operation of special vehicles.58

The advantages granted to a mining title-holder during the exploitation phase also benefits its subcontractors.

iv Other fees

The issuance, renewal, extension and transfer of a mining title are subject to the payment of registration fees. Article 107 of the Mining Code provides that a capital gains tax of 20 per cent is applicable on the transfer or assignment of the rights and obligations attached to a mining title.

VII OUTLOOK AND TRENDS

There is a very positive trend for mining projects in Burkina Faso, in particular for gold, supported by a sophisticated legal regime and a stable business environment.

Eleven gold mines have been built in the past 10 years and a number of new projects are in the development or production phase. In 2017, 46.4 tons of gold were produced in Burkina Faso, representing an increase of 1,300 per cent over 10 years.


Footnotes

1 Alban Dorin is partner in the banking and finance practice of Mayer Brown in Paris. The author would like to thank Alhassane Soukouna and Elise Baha of Mayer Brown for their kind assistance in reviewing this chapter.
This chapter does not constitute legal advice and may not be relied upon as such. Specific advice should be sought in relation to a transaction.

2 The mining legislation defines 'small mines' notably on the basis of the contemplated volume of production, set at a maximum of 200 tons of gross mineral per day.

3 The mining legislation defines 'semi-mechanised' exploitation licences notably on the basis of the contemplated volume of production, set at a 50 tons of crude ore per day.

4 Article 5 of the Mining Code.

5 Article 6 of the Mining Code.

6 Article 43 of Law No. 036-2015/NTC dated 26 June 2015 relating to the Mining Code of Burkina Faso.

7 Article 28 of Decree No. 2017-036 dated 26 January 2017 relating to the management of mining titles and authorisations.

8 Article 31 of Decree No. 2017-036.

9 Article 32 of Law No. 036-2015/NTC.

10 Article 41 of Law No. 036-2015/NTC.

11 Article 100 of the Mining Code.

12 Article 72 of Decree No. 2017-036.

13 Article 40 of Law No. 036-2015/NTC.

14 Article 45 of the Mining Code.

15 Article 47 of the Mining Code.

16 Article 57 of Law No. 036-2015/NTC.

17 Article 89 of Law No. 036-2015/NTC.

18 Article 98 of the Mining Code.

19 Articles 36 and 37 of the Mining Code.

20 Articles 51 to 54 of the Mining Code.

21 Article 52 of Decree No. 2017-036.

22 Article 96 of the Mining Code and Article 2 of Decree No. 2017-0035 dated 26 January 2017 relating to the model of mining convention.

23 Article 16 of the Mining Code.

24 Article 169 of the Mining Code.

25 Article 15 of the Mining Code.

26 Article 35 of the Mining Code.

27 Article 50 of the Mining Code.

28 Article 141 of the Mining Code.

29 Article 12 of Decree No. 2017-068 dated 15 February 2017 relating to the fund for remediation and closure of mines.

30 Article 139 of the Mining Code.

31 Article 56 of the Mining Code.

32 Article 140 of the Mining Code.

33 Article 112 of the Mining Code.

34 Article 8 of Law No. 006-2013/AN relating to the Environment Code in Burkina Faso.

35 Article 87 of Law No. 006-2013/AN.

36 Article 20 of the Mining Code.

37 Article 123 of the Mining Code.

38 Article 11 of the Mining Code.

39 Article 172 of the Mining Code.

40 Article 101 of the Mining Code.

41 Article 102 of the Mining Code.

42 Article 101 of the Mining Code.

43 Article 11 of the Mining Code.

44 Article 4 of Law No. 028-2017 dated 18 May 2017 relating to the trade of gold and other precious minerals in Burkina Faso provides that precious minerals include precious metals such as gold, precious stones such as diamond and semi-fine stones.

45 Article 2 of Decree No. 2018-0249 dated 29 March 2018 relating to the grant and renewal of approval for the trade of gold and other precious minerals from artisanal or semi-mechanised production.

46 Articles 5 and 6 of Decree No. 2018-0249.

47 Article 34 of Law No. 028-2017.

48 Article 9 of WAEMU Regulation No. 09/2010/CM/ of 1 October 2010 on external financial relations of members of WAEMU.

49 Article ۱۷۶ of the Mining Code.

50 Article 174 of the Mining Code.

51 Articles 9 to 11 of Decree No. 2017-023 dated 23 January 2017 relating to mining royalties and taxes.

52 Article 146 of the Mining Code.

53 Article 157 of the Mining Code.

54 Article 162 of the Mining Code.

55 Article 149 of the Mining Code.

56 Article 151 of the Mining Code .

57 Article 155 of the Mining Code.

58 Article 164 of the Mining Code.