Article 163: Tax on the Export of Mineral Substances other than Precious Substances

Mineral Substances extracted in Guinea by holders of a Mining Operation Permit and which are exported in their crude state, without having previously been processed into semi-finished or finished products in Guinea, will be subject to a specific export tax.

However, Precious Metals are exempt from this export tax. Precious Stones and Gemstones are subject to a specific export tax defined in Article 163-I of this Code.

The basis of the export tax on Mineral Substances is the value of the Mineral Substances exported. This value is determined by virtue of the content (also called the “grade”), the weight of the Mineral Substance exported and the price index applicable to the Mineral Substance exported. In particular, the basis of the export tax on category 1 substances will be adjusted in proportion to their actual content.

The unit of weight is the metric tonne for Mineral Substances other than Radioactive Substances, and the pound for Radioactive Substances. If the unit of weight exported contains several types of Mineral Substances, each Mineral Substance will be taxed separately according to its content per unit of weight exported and the price applicable to it.

The price index applicable to Mineral Substances is defined in the table below in relation to the nature of the Mineral Substance extracted.

The tax rate on the export of Mineral Substances is defined in the table below according to the nature of the Mineral Substance exported.

The tax is payable upon the export of the Mineral Substances, as “export” is defined in the Customs Code.

The liability for this tax lies with the exporter of the Mineral Substances, as defined in the Customs Code. The export tax is jointly and severally payable by the customs agent, acting under a power of attorney. This tax is collected by the customs authorities. The customs procedure applies in full force.

The terms for calculation, declaration and payment of this tax are determined by regulation.

Tax rate on the export of Mineral Substances other than Precious Substances

SUBSTANCE EXPORTEDUNIT OF TAXATION TAXBASIS
IRON ORE
Standard content iron oreMt2%Price of Iron ore (gauged by the Platts China Iron Fines CFR 62%) less the transport costs (gauged by the Baltic Exchange Capesize Index Route C3- Tubarao/Qingdao)
BAUXITE
BauxiteMt0.075%3 month LME Selling Price per tonne of primary Aluminum for one Bauxite in 40% AI2O3 .
OTHER NON-FERROUS SUBSTANCES
Base metals: Copper, Tin, Nickel, Zinc
ConcentrateMt2.0%FOB Price
MetalMt2.0%FOB Price
Minor metals: Cobalt, Titanium, MolybdenumMt2.0%FOB Price
RADIOACTIVES SUBSTANCES
Uranium   
Concentrate
(Yellowcake)
LB30%Ux Spot Price U2O8
Other radioactive substancesLB2.0%Ux Spot Price

Key:
LB: US Pound = 0.4535923 kg
LME: London Metal Exchange
TM: Metric Tonne

A new price index will be established by joint order of the Minister in charge of Mines and the Minister in charge of Finance if the price index indicated in the table above becomes obsolete.

The price index and the rate of any Mineral Substance not indicated in the table above will be determined by regulation.