On 12 February 2025, the Ministry of Mines in the Democratic Republic of Congo issued a ministerial decree designating certain mining sites in Masisi (North Kivu) and Kalehe (South Kivu) as "Red Zones".

Mining sites in the “Red Zones” are prohibited from extracting or selling minerals mined from those sites for a period of 6 months commencing on 12 February 2025.

The ministerial decree is part of broader efforts by the DRC Government to stabilise the region which has been the subject of decades of conflict and to ensure that DRC’s mineral resources contribute to sustainable development rather than prolonging conflict.

We summarise below key facts and potential impact for the mining sector in the DRC, with a particular focus on cobalt and cassiterite mining activities.

Details of the Ministerial Decree

Impacted areas: Mining sites in Masisi’s Rubaya sector (North Kivu) and Kalehe’s Nyabibwe sector (South Kivu). The ministerial decree has helpfully annexed a schedule of mining sites directly impacted by the decree.

Duration of the “Red Zone” classification: The “Red Zone” classification will be in force for 6 months period commencing on 12 February 2025 up until 11 August 2025.

Audit rights: Mining sites within the “Red Zone” may be subject to audits by the Ministry of Mines or international organisations, including the United Nations, the OECD, and the ICGLR, to ensure compliance with responsible mineral sourcing standards.

Enforcement of Ministerial Decree: Authorities tasked with enforcing the ministerial decree include the Secretary General of Mines, the Inspector General of Mines, and the Directors General of the Mining Registry, CEEC, and SAEMAPE.

Reasons for the “Red Zone”

The Ministry of Mines notes that the ministerial decree is based on two factors: 

• Illicit mineral trade: A report by the United Nations Group of Experts published on 27 December 2024 (Report S/2024/969), which reported that armed groups, backed by a foreign national army, were exploiting these mining sites; 
• Conflict financing: Proceeds from illicit mining are believed to be a major source of funding for ongoing conflicts in eastern DRC. 

What could this mean?

The suspension is likely to disrupt supply chains, particularly for cobalt and cassiterite, leading to market volatility and potential price fluctuations.

Companies who currently source minerals from the Red Zone may face compliance risks related to responsible sourcing regulations.

How best to prepare?

• Mining companies and investors should conduct thorough supply chain assessments to mitigate risks.
• Engaging with reputable legal advisors, regulatory bodies and industry associations can help navigate compliance requirements.
• Companies should consider alternative sourcing strategies or contingency plans to minimise operational disruptions.

Norton Rose Fulbright regularly advises mining clients operating and/or investing in the DRC, so please get in touch if further information would be of interest.