Mining, Oil and Gas

For the first time in its long and eventful history, Afghanistan has the opportunity to transform its vast mineral and hydrocarbon resources into wealth for its current and future generations. The Government of Afghanistan is striving to convert the nation’s mineral wealth through private investments into substantial financial capital for sustainable economic development.  The Government has introduced targeted legal and policy reforms to open up the sector for large scale investments, such as:

  • Enactment of new Minerals and Hydrocarbon Law.
  • Regulations for mining, hydrocarbon, environmental impact assessment.
  • Implementation of Extractive Industries Transparency Initiative, the global standards for mining.
  • Implementation of Afghanistan Resources Corridor Project.

Kakar Advocates has assembled a network of high caliber and reputable experts to provide international standard services to our domestic and international clients for exploration, exploitation, processing and trading of minerals in Afghanistan.

We provide our clients with a comprehensive analysis of every legal matter arising from their activities, offering them both innovative solutions and tried and tested structures that best suit their needs. Our legal services include:

  • Drafting and negotiating concessions, production sharing contracts, service agreements, joint operating agreements, earn-in and farm-in agreements.
  • Drafting and negotiating mineral lease agreements, drilling and coring agreements.
  • Obtaining permits for exploration and exploitation.
  • Environmental impact assessments related to mining projects.
  • Legal audits of mining assets and legal opinions on mining issues.
  • Drafting and negotiating equipment acquisition and lease agreements, and off-take and hedging agreements.
  • Legal due diligence for acquisition and sale of mining projects and assets.

As a result of our active engagement in the mining sector in Afghanistan, our team of experts have developed in-depth understanding of the opportunities and challenges presented by the regulatory framework in the sector.

Strategic and regulatory Advisory Services

We are also well positioned to provide strategic advisory and consulting services to the Government of Afghanistan and international development institutions to strengthen  the policy and regulatory framework of the mining sector with the following services:

  • Designing and development of organizational and governance structures for Extractive Industries Transparency Initiative standards (EITI).
  • Draft and design of regulatory content as per the EITI criteria.
  • Impact assessment of policy alternatives for mining development.
  • Training and capacity building for EITI based topics.
  • Providing legislative, regulatory and contractual strategic advice in projects funded by multilateral development banks.

Legal Guide to Mining in Afghanistan 2018

Kakar Advocates is pleased to share with you our publication in the 2018 Chambers and Partners Legal Guide to Mining with up to date information about mining law and regulations in Afghanistan. It includes the following topics:

  1. General structure of mineral ownership and regulation
  2. Required authorizations and permits
  3. Duties and rights derived from a mining title or concession
  4. Environmental issues