Angola: Law to Combat Illegal Mining Activity

The Angolan parliament (National Parliament) has enacted the Law to Combat Illegal Mining Activity (Law 8/24, of 3 July 2024). The new law criminalizes conduct that stems from the illicit exploitation of mineral resources. The following activities constitute criminal offences and are subject to the following sanctions:

• Participation or facilitation of illegal mining activities – punished with imprisonment from 3 to 8 years and payment of a fine;
• Starting of mining activities, or installation of any equipment therefor, in breach of legal rules – imprisonment from 2 to 8 years and payment of a fine;
• Transportation of illegally extracted minerals – imprisonment from 2 to 6 years and a fine;
• Transportation of equipment or materials to be used in illegal mining activities – imprisonment from 1 to 4 years and a fine;
• Forgery or falsification of a mining title or other document – imprisonment from 2 to 6 years and a fine;
• Use of forged title or document – imprisonment from 1 to 3 years and a fine;
• Fraudulent obtaining or use or a mining title or authorization – imprisonment from 1 to 4 years and a fine;
• Purchase, sale, possess, hide or otherwise transact illegal minerals – imprisonment from 1 to 5 years and a fine.

The above prison terms are increased by 1/3 in certain aggravating circumstances, including (i) when a public officer or official is involved, (ii) a firearm or other form of violence was used, (iii) the crime was committed by a criminal group, (iv) the activity is carried out in an environment protected area, (v) the activity involved deforestation or other serious environmental impact, etc..

Any goods or equipment involved in a criminal activity will be confiscated by the State, unless they belong to a bona fine owner.

Rui Amendoeira, OneLegal Partner.