The Democratic Republic of the Congo's Autorité de Régulation de la Sous-Traitance dans le Secteur Privé (ARSP) has announced new requirements for companies involved in subcontracting. As of December 1, 2026, these companies must comply with additional documentation to maintain or obtain an attestation d'enregistrement. This move is part of the implementation of Article 9 bis of the law n° 26/017 of June 30, 2026, which modifies the law n° 17/001 of February 8, 2017.
The new requirements include a declaration under oath from the company's real owners or bénéficiaires effectifs, and a certified copy of the shareholders' agreement or any existing management agreement. Companies must also provide proof of dividend payments to Congolese shareholders, proportionally to their social shares, with a minimum of 51%. These payments must be made through bank accounts domiciled in the DR Congo at the end of each accounting exercise.
According to the ARSP, this new disposition aims to reinforce Article 4 of the ministerial decree n° 02/CAB/MIN/CM/PMEA/2021 of January 6, 2021. This decree sets the conditions and modalities for identifying and registering eligible companies for subcontracting activities in the private sector. The ARSP has invited all companies operating in this sector to take necessary measures to comply with the legal requirements before the deadline.
Companies that fail to comply with these new obligations risk having their registration request rejected or their existing attestation d'enregistrement withdrawn. The ARSP's move is aimed at strengthening the regulation of subcontracting in the private sector. This development is part of the government's efforts to improve the business environment and ensure that companies operate transparently.
The new requirements are expected to increase transparency and accountability in the subcontracting sector. By verifying the real owners of companies and ensuring that dividends are paid to Congolese shareholders, the government aims to boost economic growth and development. The ARSP's announcement has given companies a short period to comply with the new regulations.
The law n° 26/017 of June 30, 2026, which modifies the law n° 17/001 of February 8, 2017, provides the framework for subcontracting in the private sector. The ARSP's new requirements are a step towards implementing this law and ensuring that companies operate within the established rules. Companies are expected to adapt to these changes to continue operating in the sector.
The ARSP's decision has significant implications for companies involved in subcontracting in the DR Congo. With the deadline for compliance approaching, companies must take urgent measures to meet the new requirements. Failure to comply may result in severe consequences, including rejection of registration requests or withdrawal of existing attestations.
Key points
- Companies must present four documents to obtain or maintain their attestation d'enregistrement, including a declaration under oath from real owners and proof of dividend payments to Congolese shareholders.
