Instruction No. 62 on the Physical Transport of Funds and Valuables in the Democratic Republic of Congo

BANQUE CENTRALE DU CONGO

THE GOVERNOR

INSTRUCTION NO. 62 SETTING RULES FOR THE PHYSICAL TRANSPORT OF FUNDS AND VALUABLES IN THE DEMOCRATIC REPUBLIC OF CONGO

The Central Bank of Congo,

Having regard to Organic Law No. 18/027 of December 13, 2018, on the organization and functioning of the Central Bank of Congo, specifically Articles 11 and 43;

Having regard to Law No. 22/068 of December 27, 2022, on combating money laundering and terrorist financing and the proliferation of weapons of mass destruction, as amended and supplemented by Law No. 25/048 of July 1, 2025, specifically Article 69;

Having regard to the need to strengthen oversight over physical movements of funds and/or valuables across the entire national territory, both for imports and exports conducted by specialized structures engaged in the physical transport of funds and valuables;

Enacts the following provisions:

TITRE I : GENERAL PROVISIONS

CHAPITRE I : OBJECT AND SCOPE OF APPLICATION

Article 1:

This Instruction aims to determine the conditions for access and exercise of the physical transport of funds and valuables activity in the Democratic Republic of Congo.

Article 2:

This Instruction applies to providers of physical transport services for funds and valuables.

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CHAPITRE II : DEFINITIONS

Article 3:

For the purposes of this Instruction, the following terms are defined as:

• provider of physical transport services for funds and valuables: any Congolese legal entity, authorized by the Central Bank of Congo, which exclusively and as its regular profession carries out the physical transport of funds and valuables;

• physical transport of funds or valuables: the operation whereby the provider of physical transport services for funds and valuables undertakes, for remuneration, to move from one place to another funds or valuables entrusted to it by another person;

• funds or valuables: cash currency, commercial instruments, securities, precious metals, or other assimilable assets;

• CENAREF (National Financial Intelligence Unit): the central and unique structure tasked with collecting and processing financial intelligence on money laundering, terrorist financing, and weapons of mass destruction proliferation circuits.

TITRE II : AUTHORIZATION, EXERCISE CONDITIONS, PRE-AUTHORIZATIONS, AND WITHDRAWAL OF AUTHORIZATION

CHAPITRE I : AUTHORIZATION

Article 4:

The provider of physical transport services for funds and valuables must possess a fully paid-up cash capital of at least the equivalent in Congolese Francs (CDF) of USD 100,000.

The Central Bank of Congo reserves the right to require a capital higher than the aforementioned minimum based on projections set forth in the business plan attached to the authorization application.

Article 5:

The provider of physical transport services for funds and valuables must ensure that its human, technical, and financial resources remain permanently aligned with its deployment policy and the volume of its activity.

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Article 6:

Any person wishing to exercise the physical transport of funds and valuables activities in the Democratic Republic of Congo must first obtain authorization from the Central Bank of Congo.

Article 7:

The authorization application must be drafted in French. It is supported by a file consisting of the following elements:

• an authorization request letter from the applicant addressed to the Governor of the Central Bank of Congo;
• the national identification number;
• an extract from the Commercial and Movable Credit Register;
• supporting documents proving payments made regarding the release of share capital to a credit institution authorized by the Central Bank of Congo;
• a description of its security and anti-money laundering, terrorist financing, and weapons proliferation control mechanisms in place;
• its risk management policy inherent to the activity;
• the banking coordinates of the applicant structure;
• the identity of the shareholding owners and persons in charge of management and administration;
• a three- or five-year business plan for the company;
• a list of equipment to be used with clear functional descriptions;
• the company's personnel recruitment policy based on activity specialization;
• the operating permit issued by the Ministry of the Interior, which specifically determines the jurisdiction and operational domain of the company;
• proof of payment of application fees to the Central Bank of Congo.

Documents submitted in support of the file referred to in the first paragraph of this article must be authenticated by a notary, except for those issued by competent public authorities.

Without prejudice to the first paragraph of this article, the authorization of the provider of physical transport services for funds and valuables is subject to compliance with applicable legal and regulatory requirements for the transport activity.

Article 8:

The Central Bank of Congo notifies the applicant of the receipt of its authorization request. It informs them, after preliminary review, either of the completeness of their file or of the need to complete it or provide additional elements.

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Article 9:

The Central Bank of Congo rules on the authorization request within ninety (90) days from receipt of the complete file.

During its review, the Central Bank of Congo may request the applicant to submit supplementary elements. If the applicant provides these supplements, the Central Bank of Congo has a further ninety (90) days to process the file.

When a decision requires consulting a national or foreign regulatory authority, the Central Bank of Congo's decision period is extended by the time taken for said authority to respond.

Article 10:

The Central Bank of Congo, if it deems it useful, may convene the applicant's representative(s) for an interview upon submission of an authorization request.

It may attach additional conditions to its decision regarding share capital, governance structure, or operational organization based on the risk profile of the applicant institution in formation.

Article 11:

The applicant must provide elements to assess the honorability and competence of shareholders, partners, or members, as well as members of the deliberative and executive bodies, specifically their duly signed curricula vitae, criminal record extracts dated within three (3) months, and certified financial statements for the last three (3) fiscal years of corporate shareholders, partners, or members.

Article 12:

The granting of authorization is subject to the payment of application and authorization fees, the rates of which are fixed by the Central Bank of Congo.

CHAPITRE II : EXERCISE OF THE PHYSICAL TRANSPORT OF FUNDS AND VALUABLES ACTIVITY

Article 13:

The provider is required, in addition to its main obligation to ensure the physical transport of funds and valuables, to guarantee their security from receipt until they are made available to the recipient within the territory of the Democratic Republic of Congo.

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Article 14:

The provider of physical transport services for funds and valuables carries out its operations on behalf of any natural or legal person that requests them.

Prior to executing the operation:

• the provider ensures it possesses documented justifications describing the funds and valuables, their origin, and destination;
• the persons referred to in the first paragraph of this article verify that the provider has obtained authorization from the Central Bank of Congo.

Article 15:

The provider of physical transport services for funds and valuables exercises constant vigilance over its business relationship and examines executed operations, including occasional transactions, to ensure they align with what it knows about its client, commercial activities, and risk profile, and, where applicable, the origin of its funds.

The provider declares without delay to the National Financial Intelligence Unit (CENAREF):

• funds and valuables entrusted to it within the framework of its activity, which it knows, suspects, or has good reasons to suspect are proceeds from criminal activity or relate to money laundering, terrorist financing, or weapons proliferation;
• funds and valuables transported to destinations in underserved financial zones.

Even when no confirmed suspicion or good reasons exist regarding the origin or destination of assets to be transported, the provider is required to communicate to the Central Bank of Congo/Foreign Exchange Operations Monitoring Department any service rendered on behalf of the client. This communication must necessarily indicate:

• the identity of the client requesting transport services;
• the identity of the recipient of funds and valuables;
• the amount of funds and valuables transported;
• the departure time for shipment of funds or valuables; and
• the arrival time at destination.

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Article 16:

The provider of physical transport services for funds and valuables is obligated to protect the entrusted funds against robbery or theft attempts.

The movement of funds and valuables by the provider is conducted via air, river, or land transport, according to client request. To this end, the provider must:

• possess excellent knowledge of the route to be taken to deliver funds and valuables to its clients;
• demonstrate self-control, vigilance, and a sense of responsibility;
• implement a signaling system for any suspicious movement to the commanded crew via an appropriate telecommunication means;
• maintain an armed police presence;
• be highly attentive to strict security procedures and demonstrate reactivity and efficiency in high-tension situations;
• directly signal suspicious movements via intercom to the commanded crew;
• hold a firearms possession authorization and possess flawless knowledge of legislative and regulatory directives regarding weapon detection and deployment.

Article 17:

The provider of physical transport services for funds and valuables must, to ensure the security of entrusted funds:

• determine service schedules for fund and valuables delivery;
• have a police escort during convoying;
• possess an armored vehicle, in case of road transport, to strengthen the security of fund and valuables deposits and collection;
• maintain a daily transaction sheet to record all transactions performed per site;
• hold an insurance policy subscribed with an insurance company authorized by the Insurance Regulatory and Supervisory Authority of the Democratic Republic of Congo.

Article 18:

The provider of physical transport services for funds and valuables may entrust its mandate to other authorized transport providers approved by the Central Bank of Congo to fulfill contractual duties incumbent upon it.

The subcontracting provider acts under the responsibility of the principal and in strict compliance with applicable regulations. To this end, the provider must ensure:

• the honorability of its executives and their professional experience;
• the adequacy of their technical, human, and financial resources;
• their capacity to comply with the provisions of this Instruction.

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Article 19:

The provider of physical transport services for funds and valuables must, to enable regular monitoring of financial flows and control of required duties for the exercise of transport intermediation activity, sign an account agreement with a financial institution of its choice.

Article 20:

The provider of physical transport services for funds and valuables must establish an adequate internal control system adapted to its activity, specifically enabling:

• the registration of executed operations;
• the identification of transactions with suspicious or unusual characteristics.

Article 21:

The provider of physical transport services for funds and valuables or its representatives must establish an adequate internal system for combating money laundering, terrorist financing, and weapons proliferation, adapted to its size, activity volume, and risk profile, specifically enabling:

(i) the identification of clients and beneficial owners of beneficiary companies initiating or receiving funds and valuables transport services; (ii) the assurance that persons referred to in point 1 above, or those related or affiliated to them, are not listed on international or suspicious lists for money laundering, terrorist financing, and weapons proliferation; (iii) the monitoring of executed operations to detect those with suspicious or unusual characteristics, where applicable.

Article 22:

No person may directly or indirectly create, administer, manage a funds and valuables transport service company, or act as a provider of such services, if they:

(i) have been convicted for offenses under laws or regulations concerning credit institutions, financial companies, insurance companies, stock market transactions, pension system management, or foreign exchange; (ii) have been declared bankrupt and not rehabilitated, even if bankruptcy was opened in a foreign country;

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(iii) have been convicted in the Democratic Republic of Congo or abroad as principal, co-principal, accomplice, or for attempted commission of any of the following offenses:

• counterfeiting of currency;
• counterfeiting or falsification of banknotes, public instruments, shares, bonds, and interest coupons;
• counterfeiting or falsification of seals, stamps, punches, and trademarks;
• forgery and use of forged documents;
• corruption or extortion by public officials;
• theft, extortion, misappropriation or abuse of confidence, fraud, or handling stolen goods;
• simple or fraudulent bankruptcy, fictitious circulation of commercial instruments;
• issuance of checks without funds;
• money laundering, terrorist financing, and weapons proliferation. (iv) have been convicted for any intentional offense to at least twelve (12) months of principal criminal penalty.

When the decision resulting in one of the prohibitions referred to in this article is subsequently revoked or overturned with final effect, the prohibition ceases automatically.

The Central Bank of Congo reserves the right to reject any authorization application if it possesses information contained in the file or through other channels that would expose the transport, security, and financial sectors to compromising risks.

Article 23:

The provider of physical transport services for funds and valuables is required to implement a system enabling the identification, analysis, measurement, monitoring, mitigation, and control of various risks to which its activities expose it, specifically money laundering risk, terrorist financing and weapons proliferation risk, as well as operational risks including those inherent to information technology and cyber systems.

Article 24:

The Central Bank of Congo, in its capacity as Authorization and Supervisory Authority, assigns each provider of physical transport services for funds and valuables a distinct authorization number.

The provider is required to display its assigned authorization number at the registered office and on all vehicles transporting funds within the scope of its activities.

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Article 25:

Providers of physical transport services for funds and valuables are required to organize themselves into a professional corporation. This Corporation aims to:

• represent the collective interests of its members before public authorities and the Central Bank of Congo;
• disseminate information to its members and the public;
• study matters of common interest and formulate related recommendations to promote cooperation within the sector and among different actors;
• organize and manage services of common interest;
• report to courts, tribunals, and the Central Bank of Congo structures exercising the funds and valuables transport activity illegally across the national territory.

The statutes of this corporation, as well as projects for their modification, are subject to the approval of the Central Bank of Congo.

CHAPITRE III : PRE-AUTHORIZATIONS

Article 26:

The following are subject to prior authorization from the Central Bank of Congo:

• modification of statutes;
• absorption, demerger, or merger of two or more funds and valuables transport service providers;
• opening or closing of an operating point;
• change of corporate name or address;
• change of promoters and executives.

Article 27:

The provider of physical transport services for funds and valuables may open one or more operating points subject to prior authorization from the Central Bank of Congo.

CHAPITRE IV : REPORTING TO THE CENTRAL BANK OF CONGO FOR CONTROL PURPOSES

Article 28:

The provider of physical transport services for funds and valuables is required to transmit monthly to the Central Bank of Congo/Departments responsible for monitoring foreign exchange operations and Treasury, an activity report covering:

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• the list of partners with whom the company has transacted;
• details of transactions executed during the period (sites visited);
• values or amounts transported per trip, along with supporting documents for asset acquisition and delivery;
• technical means and equipment used to perform the service.

Article 29:

The provider of physical transport services for funds and valuables transmits, in addition to the activity report, information required by the Central Bank of Congo under the Regulation on the management of foreign currency transport authorizations within the national territory.

CHAPITRE V : WITHDRAWAL OF AUTHORIZATION

Article 30:

Withdrawal of authorization is pronounced by the Central Bank of Congo when the provider of physical transport services for funds and valuables:

• submits a request;
• fails to commence activities within six months following the granting of authorization;
• has ceased exercising its activities for more than six months;
• no longer meets the conditions to which authorization is subject;
• violates provisions of the Law and Instructions of the Central Bank of Congo regarding money laundering, terrorist financing, and weapons proliferation.

The Central Bank of Congo publishes a public notice and proceeds to publish the withdrawal decision in the Official Gazette.

TITRE III : ADMINISTRATIVE SANCTIONS AND FINAL PROVISIONS

CHAPITRE I : ADMINISTRATIVE SANCTIONS

Article 31:

Subject to an administrative fine, the rate of which is fixed by the Central Bank of Congo:

• any person exercising the physical transport of funds and valuables activity in violation of Article 4;
• any provider of funds and valuables services in case of non-compliance with the provisions of this Instruction;

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• any person utilizing the services of an unauthorized entity to perform funds and valuables transport.

Persons referred to in the first paragraph of this article are required to pay imposed administrative fines within thirty (30) days from the date of sanction notification.

Article 32:

Without prejudice to the provisions of Article 35 below, the Central Bank of Congo may, upon finding non-compliance with this Instruction by the funds and valuables service provider, impose one of the following disciplinary sanctions:

• warning;
• reprimand;
• censure;
• suspension of activities;
• withdrawal of authorization.

CHAPITRE II : TRANSITORY AND FINAL PROVISIONS

Article 33:

Any other matter regarding the physical transport of funds and valuables activity not covered by these provisions shall be submitted to the appreciation of the Central Bank of Congo.

Article 34:

A one-year grace period is granted to providers exercising the physical transport of funds and valuables activity to obtain a regularization authorization from the Central Bank of Congo.

Article 35:

This Instruction enters into force on the date of its signing and repeals all prior provisions contrary to it.

Done in Kinshasa, on 19 NOV 2025

André WAMESO NKUJALOLOKI Governor