Federal Government Publishes National Policy on Critical Minerals

In summary

On September 16, 2026, Federal Law No. 15,506/2026, which establishes the National Policy on Critical and Strategic Minerals (PNMCE), and Federal Decree No. 13,118/2026, which regulates the structure and powers of the National Council for the Industrialization of Critical and Strategic Minerals (CIMCE). The new framework combines instruments to promote research, mining, processing, mineral transformation, and urban mining with control mechanisms, including mandatory project registration, supply chain traceability, and screening of certain corporate, contractual, and mining operations.

Recommendations

Companies with activities or investments related to potentially critical or strategic minerals should identify projects and operations that may be affected, assess the readiness of environmental, mining, and corporate data, and monitor the establishment of the list of substances and CIMCE procedures. It is important to examine the impacts of obligations regarding investment in research, development, and innovation.

Our Mining, Environment, Climate Change, and Sustainability team remains available to assess the impacts of the new framework on specific projects and transactions.

• Federal Law No. 15,506/2026—National Policy on Critical and Strategic Minerals

The new Federal Law establishes the PNMCE, with the objective of sustainably promoting research, mining, processing, mineral transformation, and urban mining of critical and strategic minerals, as well as strengthening the respective production chains in the country.

The law also creates the CIMCE and establishes mechanisms to stimulate investments and add value to national mineral production, including: (i) the Mineral Activity Guarantee Fund (FGAM), to provide guarantees and facilitate access to financing for projects related to critical and strategic minerals, thereby reducing risks and stimulating investments in the Brazilian mineral sector; (ii) the Federal Program for the Processing and Transformation of Critical and Strategic Minerals (PFMCE), which provides for the granting of tax credits to incentivize investments in mineral processing, transformation, and urban mining through 2034; (iii) the Low-Carbon Mineral Certificate (CMBC), aimed at certifying minerals produced with lower greenhouse gas emissions; and (iv) the National Project Registry, designed to register and monitor strategic projects.

The law also provides for land auctions, incentives for research and innovation, streaming agreements, and private royalties, as well as tax, financial, credit, and regulatory incentives for the development of the critical and strategic minerals supply chain.

• Federal Decree No. 13,118/2026—Regulation and Governance of the CIMCE

This Federal Decree regulates the PNMC with regard to the structure and operation of the CIMCE. The regulation organizes the governance of the Full Council, the Executive Committee, and the Executive Secretariat, establishing a separation between policy-making functions and decision-making on specific cases.

In this context, the Executive Committee will be responsible for establishing general policy guidelines, standards, and criteria, while the Executive Secretariat will analyze and deliberate on projects—including their approval, classification, and qualification—as well as refer priority projects to the special environmental licensing procedure. The Decree also establishes the Advisory Group on Critical and Strategic Minerals, a non-binding advisory body composed of experts, with the purpose of providing technical support to the President of the Republic on issues related to the mineral sector.

Further details

Definition of minerals: The list of critical and strategic minerals will be defined by CIMCE and may be updated based on technological, economic, geopolitical, and industrial criteria. The list must be reviewed every 4 years, without prejudice to extraordinary reviews.

Registration and traceability: Registration of projects in the National Project Registry will be mandatory. The PNMC also establishes a traceability system, including records of transactions and actors in the supply chain, as well as information on origin, composition, environmental impacts, circularity, environmental permits, mineral concessions, and legally responsible parties. The procedures and deadlines will be determined by regulations.

Mandatory Contributions: Companies engaged in research, mining, processing, and manufacturing must annually contribute a portion of the gross operating revenue from these activities, net of applicable taxes. For 6 years from the effective date of the regulations, the minimum percentages will be 0.3% for research, development, and innovation projects and 0.2% for FGAM contributions. After this period, the minimum allocation for research, development, and innovation will be 0.5%.

Screening of Transactions: Certain transactions involving strategic mineral assets are subject to review and approval by government authorities, including changes in control, foreign ownership or influence, access to strategic geological information, certain international supply contracts, and the sale, transfer, or encumbrance of mining titles, in accordance with applicable regulations.

Incentives and Decarbonization: The PNMC authorizes the creation of the FGAM, with the federal government’s contribution limited to R$ 2 billion, and the PFMCE, which is expected to grant, through December 31, 2034, tax credits of up to 20% of eligible expenditures, subject to a competitive bidding process, annual limits, and regulations. The CMBC will be voluntary and will assess emissions intensity based on a life-cycle analysis methodology.

Environmental licensing: Projects classified as priority by the CIMCE may be referred to the Governing Council for the purpose of undergoing the special environmental licensing process provided for in the PNMC.