The Democratic Republic of Congo's Autorité de régulation de la sous-traitance dans le secteur privé (ARSP) has introduced stricter regulations for subcontracting companies operating in the country. From December 1, 2026, these companies must comply with new requirements aimed at increasing transparency in the sector. The regulations, based on a law passed on June 30, 2026, modify and complement the February 8, 2017 law on subcontracting in the private sector.
One of the key requirements is for companies to declare under oath the true owners of their businesses. They must also provide certified copies of shareholder agreements and management contracts. Additionally, companies must provide proof of dividend payments to Congolese shareholders, who are required to hold at least 51% of the company's share capital. These measures aim to ensure that Congolese shareholders are actively involved in the companies.
The new regulations also require companies to pay dividends into bank accounts based in the Democratic Republic of Congo at the end of each financial year. Companies must also present a valid tax clearance certificate as part of the registration or maintenance process in the system. The ARSP has stated that failure to comply with these new requirements may result in the rejection of a registration request or the withdrawal of an existing subcontracting attestation.
According to Radio Okapi, the ARSP's goal is to increase transparency in the subcontracting sector and ensure that Congolese shareholders effectively participate in the companies. The authority has been working to facilitate access for Congolese people to subcontracting markets. An analysis of the subcontracting market in the Democratic Republic of Congo was also conducted to understand the current situation.
The ARSP's new measures are expected to have a significant impact on subcontracting companies operating in the country. Companies that fail to comply with the new regulations risk facing penalties, including the withdrawal of their subcontracting attestation. The ARSP's efforts aim to promote transparency and accountability in the sector.
The new regulations are part of a broader effort to strengthen the regulatory framework for subcontracting in the Democratic Republic of Congo. The law of June 30, 2026, amends and complements the 2017 law on subcontracting in the private sector. The ARSP's actions are aimed at ensuring that Congolese shareholders benefit from the country's natural resources.
The implementation of these new regulations will be closely monitored by the ARSP and other stakeholders. The authority has encouraged companies to comply with the new requirements to avoid any potential penalties. The goal is to promote a more transparent and accountable subcontracting sector in the Democratic Republic of Congo.
Key points
- Companies must declare under oath the true owners of their businesses and provide proof of dividend payments to Congolese shareholders.
