Law establishing the National Policy on Critical and Strategic Minerals is enacted; Federal Government regulates CIMCE and appoints its first members

On September 16, 2026, Law No. 15,506/2026 was enacted and published, establishing the National Policy on Critical and Strategic Minerals (“PNMCE”) and creating the National Council for the Industrialization of Critical and Strategic Minerals (“CIMCE”). On the same day, Decree No. 13,118/2026 was also published, regulating the structure and operation of the CIMCE, as well as Ordinance No. 1,043/2026, which appointed its representatives.

The presidential enactment occurred without vetoes or amendments to the text approved by the Federal Senate, thereby confirming the version of Bill No. 2,780/2024 previously submitted to the President of the Republic for enactment.

The PNMCE encompasses instruments such as the Mineral Activity Guarantee Fund (“FGAM”), the Federal Program for the Processing and Transformation of Critical and Strategic Minerals (“PFMCE”), the National Registry of Critical and Strategic Mineral Projects (“CNPMCE”), the Low-Carbon Mineral Certificate (“CMBC”), as well as traceability mechanisms and tax, financial, and regulatory incentives aimed at projects deemed priority.

The legislation also provides for priority treatment for projects falling within the scope of the PNMCE, including regulatory and administrative prioritization, while reinforcing the guideline of promoting mineral processing and transformation in Brazil as a means of strengthening production chains associated with the energy transition and the decarbonization of the economy.

CIMCE Regulation

The main development lies in the detailed regulation of the institutional structure of the CIMCE, an entity that will play a central role in implementing the PNMCE and selecting projects eligible for the incentive instruments established under the new legislation.

Decree No. 13,118/2026 establishes that the council will be linked to the Office of the President of the Republic and composed of three governing bodies: the Plenary, the Executive Committee, and the Executive Secretariat. The regulation also formalized the separation between policy-making functions and those related to decision-making in specific cases, a guideline already established by the PNMCE itself.

Among the powers assigned to the CIMCE are the definition of minerals considered critical and strategic, the ratification and qualification of projects for access to the instruments provided for in the PNMCE, and the designation of projects deemed priority.

The decree also addresses certain aspects of the screening-based^[1] ratification mechanism established by the law, granting the Executive Committee authority to deliberate on certain operations involving critical and strategic minerals. These include:

• changes in corporate control;
• acquisition, by a foreign legal entity, of a relevant participation or significant influence in companies holding mining rights;
• execution of certain international supply contracts, agreements, or partnerships that may affect the country’s economic or geopolitical security; and
• operations involving the transfer, assignment of, or the creation of encumbrances over, mining rights.

In each case, the Executive Committee may: determine that the screening mechanism does not apply; approve the operation unconditionally; approve it subject to conditions; or refuse ratification of the operation. It may also adopt precautionary measures and initiate proceedings ex officio, if applicable. The review of screening proceedings must also include a statement from the Ministry of Mines and Energy.

The regulation, however, did not establish objective parameters for several requirements and concepts, such as “relevant participation” or “significant influence,” nor for assessing risks to the country’s economic or geopolitical security, which maintains the need to monitor further regulation.

In addition, projects deemed priority by the CIMCE may be referred to the Government Council (Conselho de Governo) for possible submission to the special environmental licensing procedure provided for under federal legislation.

Appointment of the first members of the council

Ordinance No. 1,043/2026 was also published, appointing representatives of the states and the Federal District, municipalities, the private sector, and higher education institutions that will comprise the CIMCE.

The measure represents a significant step toward the establishment and operationalization of the council, whose regulation and structuring became required under Law No. 15,506/2026 itself.

Points that remain under discussion

As already noted, the absence of objective parameters for the concepts guiding the screening-based ratification mechanism remains the main point of attention under the new policy for corporate operations and investments involving critical and strategic minerals.

• Read Law No. 15,506, of September 16, 2026
• Read Decree No. 13,118, of September 16, 2026
• Read Ordinance No. 1,043, dated September 16, 2026
• Read our client alert on the PNMCE

Demarest’s Mining team remains available to analyze the impacts of the new legislation and to assist companies in the mineral sector in assessing regulatory risks and opportunities.

^[1] Note on translation: The law uses the Portuguese terms homologação and triagem to describe the regulatory mechanism applicable to certain acts involving critical and strategic minerals. We have translated triagem as “screening” and homologação as “ratification”. The precise operational scope of both triagem and homologação is not expressly defined by law, as neither term has been given a technical-operational definition in the statutory text, and implementing regulations have not yet been issued.