During the construction phase of the mine, holders of a Mining Operation Title are eligible for the Temporary Admission Regime for the import of goods indicated in the first category of their mining list, as defined in Article 167 of this Code, i.e. for the list of goods appearing in the register of fixed assets of the holder of the mining Title.
The Temporary Admission of these goods is only permitted if the said mining list was filed before the start of the construction phase, and was duly approved in compliance with the provisions of Article 166 of this Code.
However, material and spare parts for goods indicated in the first category of their mining list are not eligible for the exemption:
- from the Administrative Processing Fee;
- from the Registration Tax;
- from the Community Tax (PC);
- from the Additional Surcharges.
Holders of a Mining Operation Title must supply to the MPCD, the DNM and to the Customs services in the first quarter of each year an inventory of goods having benefited from the temporary admission.
When the mining Operating Phase begins, and notwithstanding the continuation of any construction activity, the construction phase is deemed terminated.
When the construction phase is deemed terminated, the goods which benefited from the Temporary Admission regime exit the Temporary Admission Regime and must:
- either be re-exported by the holder of the Mining Operation Title;
- or be resold in the Republic of Guinea by the holder of the Mining Operation Title. In the case of resale in the Republic of Guinea, the holder of an industrial and semi-industrial mining operation title or a mining concession is liable for all duties and taxes charged by the Customs service on the basis of an evaluation taking into account the depreciation that has occurred until the date of exit from the Temporary Admission regime. The applicable rate of customs duties is the rate under general law.
- or be kept by the holder of the industrial and semi-industrial mining operations permit or mining concession. In this instance, the holder of the industrial and semi-industrial mining operations permit or mining concession is liable for all duties and taxes charged by the Customs service on the basis of evaluation taking into account the depreciation that has occurred until the day of exiting the Temporary Admission Regime. The applicable rate of customs duties is the rate under general law. However, if the said goods are included in the mining list filed by the holder of the mining title for its mining Operating Phase and are held by the latter for the entire duration of its mining operating phase, they are then subject to the reduced rate of customs duties provided in Articles 179 or 180 of this Code, depending on whether they are for local processing or extraction equipment.