Mali's Mining Code (2023): State participation, licences, taxation and local content
What law no. 2023-040 on the Mining Code and law no. 2023-041 on local content provide: 10% free State stake, 20% cash option, 5% to national investors, licence durations, ISCP and ad valorem tax, Malian employment and subcontracting quotas.
Since 2023, Mali's gold, lithium and other mineral resources have been governed by new rules: law no. 2023-040 of 29 August 2023 on the Mining Code repeals the 2019 code (ordinance no. 2019-022, article 220), and law no. 2023-041 of the same day imposes local content obligations. This page summarises what an investor, subcontractor or job seeker needs to know, based on the text published in the Official Journal.
Key points (checked on 18 October 2026)
- The State receives a free 10% of the capital of every operating company, which cannot be diluted, and can buy a further 20% in cash (articles 78 and 80).
- The operating company sells 5% of its shares to national investors (article 82).
- Exploration permit: 3 years, renewable twice; large mine licence: up to 12 years, then renewable for 10 years (articles 40 and 83).
- Foreign subcontractors: at least 35% of capital to Malian partners (law 2023-041, article 8).
- Foreign staff: at most 10% of the workforce for the first three years, then 5% (law 2023-041, article 6).
Mining titles
| Title | Duration | Who can obtain it |
|---|---|---|
| Exploration authorisation | 6 months, renewable once | applicant seeking a subsequent exploration permit |
| Exploration permit (permis de recherche) | 3 years, renewable twice for 3 years; area reduced by 50% at the 2nd renewal (article 40) | anyone, with priority to a State company or majority State-owned company (article 33) |
| Artisanal mining permit | set by the local authority, within an artisanal mining corridor | Malian individuals or nationals of countries granting reciprocity (article 66) |
| Small mine licence | 4 years, renewable by 4 years until depletion (article 73) | Malian-law company holding an exploration permit (article 70) |
| Large mine licence | up to 12 years, then periods of up to 10 years (article 83) | exploration permit holder who has proved a workable deposit (article 78) |
A single company may not hold more than three exploration permits in the same geological district, except the State operating company (article 33). Work must start within six months (article 35).
Artisanal gold mining
Artisanal mining takes place in artisanal mining corridors set by order and managed by local authorities, which issue the permits (articles 64 and 65). Only manual or traditional methods are allowed: explosives and dangerous chemicals, including cyanide, are banned, as is child labour (article 67).
The State's and Malians' share
- Free stake: granting an operating licence gives the State at least 10% of the operating company, which must be set up within 120 days; this stake cannot be diluted and carries a priority dividend of 10% of profit (articles 78 and 79).
- Cash stake: the State can buy up to a further 20% within 12 months of the licence, priced on exploration and feasibility costs plus interest at the BCEAO rate plus 2% (article 80).
- National investors: the operating company sells 5% of its shares to Malian investors through the State company (article 82).
- Pre-emption: the State has a pre-emption and first-refusal right on any transfer of an operating licence (article 136).
Article 81 provides for a holding company to carry these stakes: ordinance no. 2026-004/PT-RM created the Société de Patrimoine minier du Mali (Official Journal no. 04 of 6 March 2026).
Taxation
| Tax or incentive | Rule |
|---|---|
| Special tax on certain products (ISCP) | on turnover excluding tax; rate set by the General Tax Code (article 134) |
| Ad valorem tax (TAV) | on the value of production; rate indexed to the commodity price, payable in kind (article 134) |
| Corporate income tax | cut to 25% for 3 years from first commercial production, 2 more years for contracts of over 3 years with local firms (article 139) |
| Overproduction | royalty beyond 30% above the feasibility study's planned output (article 137) |
| Substance other than the licensed one | its value is a windfall profit, 50% to the State (article 137) |
| Exploration phase | exemption from most taxes and import duties, stable customs regime (articles 53 to 57) |
The code also sets up mining funds, including a Local Development Mining Fund financing commune and regional development plans, with an annual report published in the Official Journal (articles 94 to 100).
Local content (law no. 2023-041)
| Obligation | Rule |
|---|---|
| Local company | Malian-law company at least 51% owned by Malians, with a Malian beneficial owner (article 1) |
| Foreign staff | at most 10% of the workforce for the first 3 years, 5% after, then reduced towards full Malian participation (article 6) |
| Foreign payroll | at most 30% for the first 3 years, 20% after (article 6) |
| Foreign subcontractor | transfer at least 35% to Malian partners; a regular supplier must set up a Malian-law company with 35% Malian partners (article 8) |
| Explosives | bought from importers or makers at least 35% Malian-owned (article 16) |
A Permanent Secretariat for Local Content (SPCL) approves recruitment and training plans and records breaches, punishable by fines and imprisonment (articles 12 to 19). An annex sets, by category of goods and services, the minimum share to be awarded to local firms.
New bodies in 2026
| Text (Official Journal 2026) | Purpose |
|---|---|
| Ordinance no. 2026-004/PT-RM (no. 04) | creation of the Société de Patrimoine minier du Mali |
| Ordinance no. 2026-011/PT-RM of 23 March 2026 (no. 06) | creation of the Special Mining Brigade and procedure for mining offences |
| Ordinance no. 2026-013/PT-RM of 10 April 2026 (no. 07) | creation of the Malian Precious Substances Office |
| Decree no. 2026-0527/PT-RM (no. 21) | Presidential scholarship programme for the mining sector |
Frequently asked questions
What stake does the State take in a Malian mine?
A free, non-dilutable 10% when the operating licence is granted, with an option to buy up to 20% more; a further 5% goes to Malian investors.
Can a foreigner do artisanal gold mining in Mali?
The artisanal mining permit is reserved for Malian individuals and nationals of countries that grant reciprocity to Malians.
How long does a large mine licence last?
Up to 12 years including development, then renewable for periods of up to 10 years until the deposit is exhausted.
What are the local content rules for a foreign subcontractor?
It must transfer at least 35% to Malian partners, or set up a Malian-law company with 35% Malian partners if it supplies services regularly.
For incentives outside mining, see our page on the Investment Code.
Official sources (checked on 18 October 2026)
- Official Journal of the Republic of Mali of 1 September 2023, law no. 2023-040 of 29 August 2023 on the Mining Code (French) (copy from the FAO's FAOLEX database), articles 33 to 83, 94 to 100, 134 to 142 and 220.
- Law no. 2023-041 of 29 August 2023 on local content in the mining sector (French) (FAOLEX copy), articles 1, 6, 8, 12 to 19 and annex.
- Official Journal 2026: no. 04, no. 06, no. 07 and no. 21 (tables of contents).