Instruction No. 62 Setting Rules for the Physical Transport of Funds and Valuables in the Democratic Republic of Congo

BANQUE CENTRALE DU CONGO

THE GOVERNOR

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

The Central Bank of Congo,

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

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

Having regard to the need to strengthen control over the physical movement of funds and/or valuables throughout the national territory, both for imports and exports carried out by structures specialized in the physical transport of funds and valuables;

Enacts the following provisions:

TITLE I: GENERAL PROVISIONS

CHAPTER I: OBJECT AND SCOPE OF APPLICATION

Article 1:

The purpose of this Instruction is to determine the conditions for access to and exercise of the activity of physical transport of funds and valuables in the Democratic Republic of Congo.

Article 2:

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

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CHAPTER II: DEFINITIONS

Article 3:

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

• provider of physical transport of funds and valuables services: any legal entity under Congolese law, approved by the Central Bank of Congo, which exclusively and as a habitual profession carries out the activity of physical transport of funds and valuables;

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

• funds or valuables: fiduciary currency, commercial instruments, securities, precious metals, or other assimilable goods;

• CENAREF (National Financial Intelligence Unit): the central and unique structure whose mission is to collect and process financial information on money laundering circuits and the financing of terrorism and the proliferation of weapons of mass destruction.

TITLE II: APPROVAL, CONDITIONS OF EXERCISE, PRIOR AUTHORIZATIONS, AND WITHDRAWAL OF APPROVAL

CHAPTER I: APPROVAL

Article 4:

The provider of physical transport of funds and valuables services must have a minimum fully paid-in cash capital equivalent to USD 100,000 in CDF.

The Central Bank of Congo reserves the right to require a capital higher than the aforementioned minimum based on projections outlined in the business plan attached to the approval file.

Article 5:

The provider of physical transport of funds and valuables services must ensure that its human, technical, and financial resources are in permanent alignment with its deployment policy and the volume of its activity.

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Article 6:

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

Article 7:

The application for approval must be drafted in the French language. It must be supported by a file consisting of the following elements:

• a letter of application for approval 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 attesting to payments made for the release of share capital with a credit institution approved by the Central Bank of Congo;
• a description of the security and anti-money laundering and counter-terrorism financing and proliferation of weapons of mass destruction measures put in place;
• the risk management policy inherent to the activity;
• the banking coordinates of the applicant structure;
• the identity of the holders of the share capital and the persons in charge of the management and administration of the applicant;
• the three-year or five-year business plan of the company;
• the list of equipment to be used with a clear functional description;
• the company's personnel recruitment policy based on the specialty of the activity;
• the operating permit issued by the Ministry of the Interior, which determines in particular the jurisdiction and scope of the company's exploitation;
• proof of payment of file fees to the Central Bank of Congo.

The 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 approval of the provider of physical transport of funds and valuables services is subject to compliance with the legal and regulatory requirements applicable to the transport activity.

Article 8:

The Central Bank of Congo notifies the applicant of the receipt of its approval application. It informs the applicant, after preliminary examination, either of the completeness of its 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 approval application within ninety (90) days from receipt of the complete file.

During its examination, the Central Bank of Congo may ask the applicant to transmit additional elements. In the event of the applicant providing these elements, the Central Bank of Congo has a further period of ninety (90) days to process the file.

When a decision requires obtaining the opinion of a national or foreign regulatory authority, the period for the Central Bank of Congo to issue its decision is extended by the time taken by said authority to respond.

Article 10:

The Central Bank of Congo, if it deems it useful, may summon the representative(s) of the applicant for an interview as soon as an approval application is submitted.

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 creation.

Article 11:

The applicant must provide elements allowing for the assessment of the honorability and competence of shareholders, partners, or members, as well as the members of the deliberative and executive bodies, namely their duly signed curricula vitae, their Criminal Record Extracts dated less than three (3) months old, and the certified financial statements for the last three (3) fiscal years for shareholders, partners, or members that are legal entities.

Article 12:

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

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

Article 13:

The provider is bound, in addition to the main obligation to ensure the physical transport of funds and valuables, to guarantee their security from receipt until their availability to the recipient on the territory of the Democratic Republic of Congo.

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Article 14:

The provider of physical transport of funds and valuables services carries out its operations for the account of any natural or legal person who solicits it.

Prior to the execution of the operation:

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

Article 15:

The provider of physical transport of funds and valuables services exercises constant vigilance on its business relationship and examines the operations carried out, including occasional operations, to ensure they are consistent with what it knows of its client, its commercial activities, and its risk profile, and, where applicable, the origin of its funds.

The provider of physical transport of funds and valuables services must immediately declare to the National Financial Intelligence Unit, abbreviated CENAREF:

• the funds and valuables entrusted to it in the framework of its activity of which it knows, suspects, or has good reason to suspect are the proceeds of criminal activity or are related to money laundering and the financing of terrorism or the proliferation of weapons of mass destruction;
• the funds and valuables transported to a destination in an area not served by financial institutions.

Even when there is no case of established suspicion or good reason to suspect the origin or destination of the assets to be transported, the provider of physical transport of funds and valuables services is required to communicate to the Central Bank of Congo/Foreign Exchange Operations Monitoring Department any service rendered for the account of the client. This communication must necessarily indicate:

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

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Article 16:

The provider of physical transport of funds and valuables services is obligated to protect the funds made available to it against attempts at robbery or theft.

The movement of funds and valuables by the service provider is carried out by air, river, or land, according to the client's request.

To this end, the service provider must:

• have excellent knowledge of the route to be taken to deliver the funds and valuables of its clientele;
• possess self-control, vigilance, and a sense of responsibility;
• put in place a reporting system for any suspicious movement to the commanded crew, via an appropriate telecommunication means;
• have an armed police presence;
• be extremely attentive to strict security procedures and demonstrate reactivity and efficiency in high-tension situations;
• report directly via intercom to the commanded crew any suspicious movement;
• have a firearm possession authorization and possess infallible knowledge of legislative and regulatory directives regarding the detection and use of weapons.

Article 17:

The provider of physical transport of funds and valuables services must, in order to ensure the security of the funds made available to it:

• determine the delivery schedules for funds and valuables;
• have a police escort during the convoy;
• have an armored vehicle, in the case of road transport, to reinforce the security of deposits and the collection of funds and valuables;
• have a daily transaction sheet to record all transactions carried out per site;
• have an insurance policy subscribed with an insurance company approved by the Authority for Regulation and Control of Insurance in the Democratic Republic of Congo.

Article 18:

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

The subcontracting provider acts under the responsibility of the mandator and in strict compliance with current regulations. To this end, the provider of physical transport of funds and valuables services must ensure:

• the honorability of their directors and their professional experience;
• the adequacy of their technical, human, and financial resources;
• their capacity to respect the provisions of this Instruction.

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Article 19:

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

Article 20:

The provider of physical transport of funds and valuables services must equip itself with an adequate and adapted internal control device for its activity to allow in particular:

• to catalog the operations carried out;
• to identify transactions of a suspicious or unusual nature.

Article 21:

The provider of physical transport of funds and valuables services or its representatives must equip themselves with an adequate and adapted anti-money laundering and counter-terrorism financing and proliferation of weapons of mass destruction device, suitable for its size, volume of activity, and risk profile, allowing in particular:

(i) to identify clients and the beneficial owners of beneficiary companies and those initiating funds and valuables transport services;

(ii) to ensure that the persons referred to in point 1 above, or those related or associated with them, are not listed on international or suspicious lists for money laundering, terrorism financing, and proliferation of weapons of mass destruction;

(iii) to monitor operations carried out to, where applicable, detect those of a suspicious or unusual nature.

Article 22:

No one may directly or indirectly create, administer, or manage a funds and valuables transport services company or be a provider of funds and valuables transport services if they:

(i) have been convicted of offenses against laws or regulations relating to credit institutions, financial companies, insurance, stock market transactions, pension system management, or foreign exchange;

(ii) have been declared bankrupt and have not been rehabilitated, even when the bankruptcy was opened in a foreign country;

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

• counterfeiting;
• counterfeiting or falsification of banknotes, public instruments, shares, bonds, and interest coupons;
• counterfeiting or falsification of seals, stamps, punches, and marks;
• forgery and use of forgery in documents;
• corruption of a public official or extortion;
• theft, extortion, misappropriation or abuse of confidence, fraud, or handling stolen goods;
• simple or fraudulent bankruptcy, fictitious circulation of commercial instruments;
• issuance of a check without provision;
• money laundering and financing of terrorism and the proliferation of weapons of mass destruction.

(iv) have been convicted for any intentional offense to at least 12 months of principal penal servitude.

When the decision resulting in one of the prohibitions referred to in this article is subsequently overturned or quashed with final effect, the prohibition ceases by operation of law.

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

Article 23:

The provider of physical transport of funds and valuables services is required to put in place a system allowing for the identification, analysis, measurement, monitoring, mitigation, and control of risks of various natures to which its activities expose it, particularly the risk of money laundering, terrorism financing, and proliferation of weapons of mass destruction, as well as operational risks, including those inherent to the computer and cybernetic system.

Article 24:

The Central Bank of Congo, in its capacity as the Approval and Control Authority, assigns a distinct approval number to each provider of physical transport of funds and valuables services.

The provider of physical transport of funds and valuables services is required to display the approval number assigned to it at the registered office and on all vehicles transporting funds as part of its activities.

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Article 25:

Providers of physical transport of funds and valuables services are required to organize themselves into a professional corporation. This Corporation has the following objectives:

• to represent the collective interests of its members before public authorities and the Central Bank of Congo;
• to disseminate information to its members and the public;
• to study any matter of common interest and elaborate recommendations relating thereto, in order to favor cooperation within the sector and among different actors;
• to organize and manage services of common interest;
• to denounce to the courts and tribunals and the Central Bank of Congo structures that illegally exercise the activity of funds and valuables transport throughout 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.

CHAPTER III: PRIOR AUTHORIZATIONS

Article 26:

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

• the modification of the statutes;
• the absorption, split, or merger of two or more funds and valuables transfer service providers;
• the opening or closing of an operating point;
• the change of corporate name or address;
• the change of promoters and directors.

Article 27:

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

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

Article 28:

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

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• the list of partners with whom the company has dealt;
• details of transactions carried out during the period (sites visited);
• the valuables or amounts transported per trip, as well as justifications for the acquisition of the asset and delivery;
• the technical means and equipment used to perform the service.

Article 29:

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

CHAPTER V: WITHDRAWAL OF APPROVAL

Article 30:

The withdrawal of approval is pronounced by the Central Bank of Congo when the provider of physical transport of funds and valuables services:

• formulates the request;
• does not start activities within six months following the granting of approval;
• no longer exercises its activities for more than six months;
• no longer meets the conditions to which the approval is subject;
• violates the provisions of the Law and Instructions of the Central Bank of Congo regarding the fight against money laundering and the financing of terrorism and the proliferation of weapons of mass destruction.

The Central Bank of Congo publishes a notice to the public and proceeds to the publication in the Official Journal of the decision to withdraw approval.

TITLE III: ADMINISTRATIVE SANCTIONS AND FINAL PROVISIONS

CHAPTER I: ADMINISTRATIVE SANCTIONS

Article 31:

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

• any person who exercises the activity of physical transport of funds and valuables 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 who uses the services of a person not approved by the Central Bank of Congo to carry out the transport of funds and valuables.

The persons referred to in the first paragraph of this article are required to pay the administrative fines imposed on them within a period of thirty (30) days from the notification of the sanction.

Article 32:

Without prejudice to the provisions of Article 35 below, the Central Bank of Congo may, when it finds a breach of the provisions of this Instruction by the funds and valuables service provider, impose one of the following disciplinary sanctions:

• a warning;
• a reprimand;
• a censure;
• suspension of activities;
• withdrawal of approval.

CHAPTER II: TRANSITIONAL AND FINAL PROVISIONS

Article 33:

Any other matter relating to the activity of physical transport of funds and valuables not provided for by these provisions is to be submitted to the appreciation of the Central Bank of Congo.

Article 34:

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

Article 35:

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

Done in Kinshasa, on NOV 19, 2025

André WAMESO NKUALOLOKI Governor

563, Colonel Tshatshi Boulevard - Kinshasa – Gombe Email: sgouverneur@bcc.cd - Website: http://www.bcc.cd