The Ministry of Energy and Mines (MEM) issued on 17 October 2017, three resolutions regarding mining concessions. The Ministry also established the obligatory certification of no-objection for the export of metallic and nonmetallic substances.
The Ministry explains that these resolutions, based on Mining Law 146 -71, will enable the ministry to better structure the extraction of minerals until new and more advanced legislation is approved. The measures have been taken after the MEM had suspended the acceptance of new requests for mining concessions for six months and postponed the granting of new concessions for at least 90 days.
The decision was taken in order to improve the regulations of the sector under the Mining Law currently in force and give the ministry time to present the legislative proposal that is needed to regulate the energy and mining sectors of the Dominican Republic.
Resolution 48-2017 specifies the economic and financial requirements that must be addressed by those requesting new concessions to exploit mineral deposits as a way to guarantee that these deposits are really viable. The resolution also establishes a 25-year limit to any mining concession as well as a surface limitation of 5000 ha for any single concession and no more than 15,000 ha of concessions for a given entity or company. It also addresses the responsibility of the entities with concessions to cover damage caused by their activities and they must offer guarantees of mine closures at the end of any operation.
Resolution 47-2017 institutes a precise set of rules for the disqualification of any current mining venture under the current Mining Law. This resolution names and expands the list of officials who may not request mining concessions for two years after they have left their jobs in the public sector. In addition, a person with ties to a mining concession must resign that position if appointed to a public post.
Finally, Resolution 34-2017 calls for the obligatory certification of no-objection for the export of metallic or nonmetallic substances. The full body of these resolutions can be accessed on the ministry’s website.
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Ministry of Energy and Mines
18 October 2017
