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LOI N° 2001-031 établissant Régime Spécial pour les Grands Investissements
dans le Secteur Minier Malagasy
The document, "Law No. 2001-031 Establishing Special Regime for Major Investments in the Malagasy Mining Sector", outlines a special regime pertaining to exchange, fiscal, customs, and legal matters applicable to major investments in the mining sector of Madagascar. The beneficiaries of this regime are investors, titleholders, and transformation entities undertaking large investments in the mining sector, whose eligibility is certified in accordance with the provisions of Chapter II of this title. The law also discusses the relationship between this law and the Stability Guarantee as per the Mining Code. Provisions of this law are stabilized for the benefit of mining permit holders who opt for the stability guarantee set forth in Title VIII of the Mining Code. Consequently, a holder of a mining research permit who commits to invest at least the minimum amount to benefit from stability as per Article 157 of the "Mining Code", and who makes this investment, can ensure the stability of the provisions of this law during the guaranteed stability duration, possibly obtain certification of the eligibility of an investment in a project according to the provisions of this law during this duration, and benefit from the provisions of this law during the Eligibility Duration. Furthermore, investors whose project financing exceeds the threshold specified in Article 4, but who do not wish to obtain certification of the eligibility of their investment for the special regime established by this law, may opt for the stability guarantee provided by the Mining Code.
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