Democratic Republic of the Congo
Key documents required for timber legality and trade of Democratic Republic of the Congo
Legal Existence in the DRC
| Key document | Explanation and control check | Legal authority | Validity | |
|---|---|---|---|---|
| Signed and stamped notarial articles of association | Duly approved Articles of Association. Document required for legal existence in the DRC. | Notary | ||
| Deed of deposit of the deeds or documents of the company's incorporation | Document required for legal existence in the DRC. | Registry of the Trade Register | ||
| Notice of creation or amendment of the deed of partnership | Publication in the official journal. Document required for legal existence in the DRC. | Notary of the one-stop counter for company creation | ||
| Excerpt from the RCCM: proof of registration at the Trade and Personal Property Credit Register | Proof of registration with the Chambre of Commerce and credits. Document required for legal existence in the DRC. | Trade and Companies Registry |
Legal rights to access the resource
| Key document | Explanation and control check | Legal authority | Validity | |
|---|---|---|---|---|
| Forest concession contract | Proof of the rights to legally access forest resources. | Ministry in charge of forestry |
Labour and Local / Indigenous Community Rights
| Key document | Explanation and control check | Legal authority | Validity | |
|---|---|---|---|---|
| Pre-approved employment contract | Proof of individual workers' rights. | Ministry of Employment / ONEM | ||
| Certificate of social security affiliation | Proof of social security affiliation. | Ministry of Labour / CNSS | ||
| Training and professional development affiliation certificate | Proof of registration for the training and professional development of its workers. | Ministry of Labour / INPP | ||
| Relevant corporate regulation | Proof of the labour protection measure. | Ministry of Labour / Labour Inspectorate | ||
| Health and safety committee annual report | Proof of the health and safety protection measure. | Corporate Health and Safety Committee | ||
| Medical convention | Proof of the health and safety protection measure. | Medical training | ||
| Approved internal rules | Proof of the existence of employee representation. | Union delegation | ||
| Collective agreement or protocol | Proof of the labour protection measure. | Ministry of Labour / Labour Inspectorate | ||
| Agreement on the specifications' social clause | A Forestry Specifications Guide includes a "Specification Schedule" (appendix), which details the concessionaire's specific obligations (e.g. to the local communities). | Forest concessionaire & Local community |
Environment, Planning, Operations and Transformation
| Key document | Explanation and control check | Legal authority | Validity | |
|---|---|---|---|---|
| Environmental and Social impact study / certificate | Proof of the implementation of environmental measures for new forest concessionaires. | Forest concessionaire |
||
| Environmental and social management plan | Proof of the implementation of environmental measures for former forest concessionaires. | Forest concessionaire | ||
| Certificate of conformity of the development plan project | Proof of validation of the management plan by the forest administration. | Ministry in charge of forestry |
||
| Development plan approval order | Proof of the province's approval of the management plan for the relevant forest. | Provincial governor |
||
| Validated five-year management plan | Proof on the implementation of the forest management plan. | Ministry in charge of forestry |
||
| Validated annual forest operations plan | Proof on the implementation of the forest management plan. | Ministry in charge of forestry | ||
| Industrial lumber cutting permit | Proof of the required authorisation to cut lumber in the forest concession. | Ministry in charge of forestry | ||
| Site register | Proof incorporating the regulatory provisions relating to felling, marking and the traceability of timber. | Forest concessionaire |
||
| Quarterly production declarations of timber produced | Proof of the declaration of the timber produced to the forest administration and also for statistical purposes. | Forest concessionaire |
Transport and transformation
| Key document | Explanation and control check | Legal authority | Validity | |
|---|---|---|---|---|
| Transit slip | Proof on the transport of timber from the place of harvest to the place of transformation or sale. | Local forestry administration |
||
| Processing plant operating licence | Proof on the ownership of a classified facility. | Ministry in charge of forestry |
Trade
| Key document | Explanation and control check | Legal authority | Validity | |
|---|---|---|---|---|
| Letter assigning the import/export number | Proof of registration with the timber import and export register. | Ministry in charge of Foreign Trade | ||
| Validated sales contract | Proof of the existence of the contract for the sale of lumber between the forest concessionaire and the client. | Ministry in charge of forestry (DGF) | ||
| CITES certificate | ICCN | |||
| Phytosanitary certificate and certificate of origin | Proof of the phytosanitary inspection of the timber to be exported. Certificate of origin for the export of a specific batch of timber, indicating the country of origin. | Ministry in charge of forestry (DGF) | ||
| Report on the batch ready for export | Proof of the verification of the specifications of the timber to be exported by species, quality and quantity. | Congolese Inspection Office (OCC) | ||
| Model EB license | Proof of the declaration of the goods to be exported. | Directorate - General for Customs and Excises (DGDA) | ||
| Declaration of goods to customs | Proof of the declaration for the handling of timber by customs authorities. | Directorate - General for Customs and Excises (DGDA) | ||
| Export and shipment verification certificate (CVEE) | Proof of verification demonstrating the compliance of all operations, including tax and customs obligations, prior to shipment. | Congolese Inspection Office (OCC) | ||
| Economic and fiscal obligations | ||||
| Letter of assignment of the national identification number | Proof of registration with the administration regarding economic matters. | Ministry of the Economy | ||
| Letter of assignment of a tax number | Proof of registration with the tax authorities. | Directorate General of Taxes (DGI) | ||
| Declaration of company income | Proof of payment of the sales tax. Portion of the documents demonstrating compliance with tax obligations. | Directorate General of Taxes (DGI) | ||
| Receipt certifying payment of the profit tax (IBP) | Proof of receipt of tax payments on the company's balance sheet, with an audit demonstrating compliance with tax obligations. | Directorate General of Taxes (DGI) | ||
| Receipt certifying payment of the professional income tax (IPR) | Proof of receipt of the workers' compensation tax payments, demonstrating compliance with tax obligations. | Directorate General of Taxes (DGI) | ||
| Receipt certifying the payment of the Property Tax | Directorate General of Taxes (DGI) | |||
| Receipt certifying the payment of taxes on remuneration paid to the expatriate (IERE) | Proof of receipt of the payment of taxes on expatriate workers' remuneration, demonstrating compliance with tax obligations. | Directorate General of Taxes (DGI) | ||
| Bank certificate of payment of the forest surface area fees | Proof of receipt of the surface area fee payment to the province where the timber originated. | Provincial Fiscal Authority | ||
| Bank certificate of payment of the lumber cutting permit | Proof of receipt of payment for the authorisation to cut lumber in the province. | Provincial Fiscal Authority | ||
| Bank certificate of payment of the reforestation tax | Proof of registration with the tax authorities. | National Forest Fund (FFN) | ||
| Bank certificate of payment of the annual remunerative tax on classified installations | Proof of receipt of payment for classified facilities. | Ministry in charge of forestry / Directorate of classified establishments | ||
| Bank certificate of payment of the phytosanitary tax | Proof of registration with the tax authorities. | Ministry in charge of forestry / DGF | ||
| Bank certificate of payment for CITES permits, if applicable | Proof of receipt of payment for the export of CITES-protected species. The certificate is issued by the CITES / DRC management authority. | Congolese Institute for the Preservation of Nature (ICCN) | ||
| Receipt certifying payment for the batch ready for export | Proof of receipt of payment for the timber inspection prior to the subscription of a declaration of goods (timber). | Congolese Inspection Office (OCC) | ||
| Bank certificate of payment for the EB model licence | Proof of receipt of payment for the subscription of a licence for the declaration of goods (timber). | Commercial bank | ||
| Liquidation slip certifying the payment of customs duties | Proof of a customs receipt listing and certifying payment of timber exit duties. | Directorate - General for Customs and Excises (DGDA / one-stop counter) |
environmental protection requirements (eudr article 2(40)b)
| Key document | Explanation and control check | Legal authority | Validity |
|---|
forest management and biodiversity rules (eudr article 2(40)c)
| Key document | Explanation and control check | Legal authority | Validity |
|---|
third-party rights (eudr article 2(40)d)
| Key document | Explanation and control check | Legal authority | Validity |
|---|
taxation, trade, anti-corruption and customs requirements (eudr article 2(40)h)
| Key document | Explanation and control check | Legal authority | Validity |
|---|
labour rights (eudr article 2(40)E)
| Key document | Explanation and control check | Legal authority | Validity |
|---|
human rights and Principle of free, prior and informed consent (FPIC) (eudr article 2(40)f,g)
| Key document | Explanation and control check | Legal authority | Validity |
|---|
deforestation free and degradation free (eudr article 2(8), 2(9), article 3)
| Key document | Explanation and control check | Legal authority | Validity |
|---|