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Country Risk Profiles

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Risks are listed below and organised under the relevant indicator. Click on the risk below for details on the specifc risk, mitigation options and the related legal requirements.
  • Specified Risks
  • Low Risks
  • Not Applicable
Legal rights to harvest
1.1 Land tenure and management rights
  • Existing land tenure rights over forest land are not identified through public inquiries
  • Land rights and titles overlap
1.2 Concession licenses
  • Regulatory time frames for converting old forest titles are not respected
  • New concession contracts are awarded in violation of the moratorium in force
  • Concession contracts are awarded at the discretion of the State
  • The specifications (cahier des charges) attached to the concession contract are not signed
  • Specifications (cahier des charges) do not contain a social clause in compliance with the regulatory template, duly signed by the logging company and the local communities and/or indigenous populations
  • Continuation of concession despite lack of approved forest management plan after the 4 year period
  • Community forest concessions are monopolised or manipulated
1.3 Management and harvesting planning
  • The provisions of the forest management plan are not implemented or are only partially implemented
  • Activities not stipulated in the forest management plan are authorized or not checked (mining, hunting, farming, etc.)
  • Risk of discrepancies between the concession limits indicated in the forest management plan and those indicated in the concession contract and the official database (Forest Atlas of the Democratic Republic of Congo)
  • There is an absence of any participative processes and consultation meetings with local communities when drawing up the forest management plan
  • The deadlines (4 years) stipulated for drawing up and validating the forest management plan are not respected
1.4 Harvesting permits
  • Non-compliance with harvest permits rules in industrial concessions
  • Artisanal loggers are making fraudulent use of harvest permits

1.5 Payment of royalties and harvesting fees
  • Amounts due are calculated based on false figures (area or volume)
  • Amounts due for area tax and logging tax are not paid due to significant administrative failures
1.6 Value-added taxes and other sales taxes
  • Risk of non-payment of value-added taxes
1.7 Income and profit taxes
  • Corporate income tax are not paid

1.8 Timber harvesting regulations
  • Harvesting regulations are systematically violated
1.9 Protected sites and species
  • Protected species are harvested without a special harvest permit
  • Afrormosia (Pericopsis elata) - illegal logging of protected species
  • Mukula (Pterocarpus tinctorius) - illegal logging of protected species
  • Logging activities are carried out in protected areas
1.10 Environmental requirements
  • No environmental and social impact assessment (ESIA) is conducted, no operational plan is drawn up
  • Provisions for mitigating the environmental and social impacts are not implemented
1.11 Health and safety
  • Obligations relating to the health of the workers are not respected
  • Obligations relating to the safety of the workers are not respected
1.12 Legal employment
  • Employment regulations are not respected

1.13 Customary rights
  • Community forest concessions are effectively controlled by loggers, local elites and/or non-local NGOs without the required involvement of local communities
  • Agreements between concession-holders and local communities or between artisanal loggers and local communities are not in place or not implemented
  • Local funds and committees in place to deliver socio-economic development activities are manipulated and / or non-functional
1.14 Free prior and informed consent
  • Not Applicable
1.15 Indigenous/traditional peoples rights
  • Not applicable

1.16 Classification of species, quantities, qualities
  • False declarations are made in the site log books
  • False declarations are made regarding species and their volume on transport permits
  • False quarterly declarations are made, or declarations are not accompanied by the required documents.
1.17 Trade and transport
  • No site logbook is kept
  • Fraudulent transport permits are used.
1.18 Offshore trading and transfer pricing
  • Volumes are under-billed to manipulate transfer prices
1.19 Custom regulations
  • The quotas for log exports are not respected
  • Volumes exported are falsified to lower export taxes payment
  • Export duties are not paid
1.20 CITES
  • CITES permits are issued where the legality of the logging activities has not been verified and/or the volumes have not been checked
  • CITES permits are issued fraudulently
  • CITES permits are replaced or renewed unlawfully
1.21 Legislation requiring due diligence/due care procedures
  • Not Applicable

1.23 Legal Registration of Business
  • Low risks identified
1.24 Environmental Requirements for Processing
  • No environmental and social impact assessment is carried out by the wood processing unit
1.26 Health and Safety in the Timber Processing Sector
  • Obligations relating to the health of the workers are not respected
  • Obligations relating to the safety of the workers are not respected
1.27 Legal Employment in The Timber Processing Sector
  • Employment regulations are not respected (lack of compliant and registered employment contract, employees not paid by way of a payslip, employer not paying social contributions, workers' pay below the minimum wage)
1.1 Land tenure and management rights
Last updated on 2021-08-25 Existing land tenure rights over forest land are not identified through public inquiries Specified RISK
Absence or shortcoming of the preliminary process of identifying any existing tenure rights over the land (customary rights): the obligatory inquiry procedure in relation to existing tenure rights over the land concerned by the concession application is not or is insufficiently applied and, as a result, statutory land law grants concessions on land occupied under customary rights, and there is therefore an overlap in land use, or rather conflicts... VIEW MORE

Absence or shortcoming of the preliminary process of identifying any existing tenure rights over the land (customary rights): the obligatory inquiry procedure in relation to existing tenure rights over the land concerned by the concession application is not or is insufficiently applied and, as a result, statutory land law grants concessions on land occupied under customary rights, and there is therefore an overlap in land use, or rather conflicts over land tenure rights. (Mpoyi, 2013, GIZ/KfW, 2016)

No dialogue between the administrations, lack of appreciation and understanding of the legal framework: overlaps in land management rights is also the result of contradictory administrative actions conducted by the various ministries, notably the Ministry of Mining, the Ministry of Environment, and, to a lesser extent, the Ministry of Agriculture. Furthermore, the land administration and the local authorities (mayors, administrators, heads of chiefdoms, sectors, groups, localities, villages) do not apply the provisions of land law in a uniform, consistent manner. These authorities may therefore “regularise” unlawful situations or simply unknowingly allocate rights over plots of land and issue “titles” that are not legally recognised. Populations also engage in land transactions according to procedures that are sometimes not recognised by law or tradition. (Mpoyi, 2013)

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Check land tenure rights in Forest concession contract
2
Check land tenure rights in Documents regarding the completion of the inquiry into third party rights
3
Check land tenure rights in Order for the creation of a local community forest concession
4
Check land tenure rights in Order for the creation of the artisanal forest unit
5
Check land tenure rights in Documents relating to the completion of the public inquiry prior to the creation of the artisanal forest unit
6
Check land tenure rights in Land concession contract
For private forests
Description of legal requirements
Land tenure rights shall be identified through public inquiries before granting forest management rights
VIEW MORE

As the state has sole ownership over the soil and forest resources, natural and legal persons can only be granted the right to use the soil by way of a land concession and/or the right to use forest resources by way of a forest concession. 

The law provides for two types of land concessions: concessions in perpetuity, which can only be granted to natural persons of Congolese nationality (Art. 80 Law n°73-021) and ordinary concessions, which can be granted to natural or legal persons of Congolese or foreign nationality, for a fixed period, which is normally 25 years. Natural or planted forests located on a land concession belong to the concession holder, which therefore, also has management and exploitation rights of those resources (art. 8 of the Forest Code).

The Forest Code also stipulates 3 forest categories: classified forests, protected forests and permanent production forests. Classified forests fall under the state public domain. They have an ecological purpose and must account for at least 15% of the DRC’s total territory. Protected forests and permanent production forests form part of the state private domain.

Permanent production forests are designated for the allocation of logging concessions. They are established by ministerial order once they have been subjected to a public survey process, the aim being to determine any existing rights and to agree on compensation if applicable (the law stipulates that payment of compensation renders the forest free of all rights) (Art. 23 and 84 of the Forest Code). 

Rights to access forest resources can also be granted in protected forests, notably to local communities and artisanal loggers. Local community forest concessions are allocated free of charge by order of the provincial governor, following a regulated procedure (application, identification of local community making the application, preliminary inquiry, public disclosure). Artisanal forest units are created by order of the provincial governor concerned, following a public inquiry.

The management and harvesting of forests by private persons is therefore allowed by way of a forest concession or a land concession. 

Customary land rights

Congolese law loosely recognises customary land rights (not written). The law actually stipulates that “lands occupied by local communities are those where these communities live, farm and operate in some way (individual or collective) in compliance with local customs and usage” (Art. 388 of Law n°73-021). It therefore acknowledges the customary right to live on and work the land.

Furthermore, before formal rights over any land are granted through a concession, the law stipulates that an inquiry must be carried out to determine the nature and scope of any potential third party rights over the requested land (Art. 193 of Law n°73-021).

However, the law leaves it to the regulations to define a more detailed legal framework applicable to the duly acquired tenure rights over the customary land (Art. 389 of Law n°73-021). The presidential order provided for by the law was never adopted, which created a legal loophole and land tenure insecurity for all communities occupying land under customary rights.

This means that in practice, local community land continues “to be governed by local customs and managed by customary authorities across more than 90% of the country’s surface area.” (Koné, 2017). Land and forest concessions can also be formally allocated to local communities.

Understanding and mapping of land rights

In 2008, the DRC government began mapping out the country’s forest areas. The National Steering Committee for Forest Zoning (CNPZF) was set up by way of a ministerial order. This committee is a multi-stakeholder, cross-sectoral structure that unites all players involved in the management of land and natural resources. The government put together a map for the allocation of its forest areas, which was intended as a dynamic tool to be used to initiate a dialogue between the stakeholders and to act as a vehicle for the gradual implementation of the country’s new Forest Code. This zoning plan’s objective is to offer a clear, negotiated framework for access to spaces and resources. As well as creating maps and databases, the operation also, and above all, involves leading a dynamic process of analyses and discussions in relation to land use planning and the allocation of resources.

Legally required documents
Applicable legislation
  • Law n°73-021 of 20 July 1973 on the general property regime, real estate tenure and security regime, as amended and supplemented by Law n° 80-008 of 18 July 1980, 1973.
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016.
  • Constitution of the Democratic Republic of the Congo, as revised by Law n°11/002 of 20 January 2011;, 2011, Art 9.
  • Decree n°14/18 of 2 August 2014 establishing the modalities for allocating forest concessions to local communities;, 2014.
  • Law n°11/29 of 29 August 2002 on the Congolese Forest Code;, 2002.
VIEW LESS
1.1 Land tenure and management rights
Last updated on 2021-08-25 Land rights and titles overlap Specified RISK
Absence or shortcoming of the preliminary process of identifying any existing tenure rights over the land (customary rights): the obligatory inquiry procedure in relation to existing tenure rights over the land concerned by the concession application is not or is insufficiently applied and, as a result, statutory land law grants concessions on land occupied under customary rights, and there is therefore an overlap in land use, or rather conflicts... VIEW MORE

Absence or shortcoming of the preliminary process of identifying any existing tenure rights over the land (customary rights): the obligatory inquiry procedure in relation to existing tenure rights over the land concerned by the concession application is not or is insufficiently applied and, as a result, statutory land law grants concessions on land occupied under customary rights, and there is therefore an overlap in land use, or rather conflicts over land tenure rights. (Mpoyi, 2013, GIZ/KfW, 2016)

No dialogue between the administrations, lack of appreciation and understanding of the legal framework: overlaps in land management rights is also the result of contradictory administrative actions conducted by the various ministries, notably the Ministry of Mining, the Ministry of Environment, and, to a lesser extent, the Ministry of Agriculture. Furthermore, the land administration and the local authorities (mayors, administrators, heads of chiefdoms, sectors, groups, localities, villages) do not apply the provisions of land law in a uniform, consistent manner. These authorities may therefore “regularise” unlawful situations or simply unknowingly allocate rights over plots of land and issue “titles” that are not legally recognised. Populations also engage in land transactions according to procedures that are sometimes not recognised by law or tradition. (Mpoyi, 2013)

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationStakeholder consultation
1
Consult about land tenure rights with Ministry of Environment and Sustainable Development
Obtain information on the forest area and ensure that the procedures in force are respected/that there are no land-related conflicts
2
Consult about land tenure rights with World Resources Institute (WRI)
Obtain information on the forest area and ensure that the procedures in force are respected/that there are no land-related conflicts
3
Consult about land tenure rights with Mandated independent observer (OGF)
Obtain information on the forest area and ensure that the procedures in force are respected/that there are no land-related conflicts
4
Consult about land tenure rights with Societal players involved in land-related issues (WWF, RRN, etc.).
Obtain information on the forest area and ensure that the procedures in force are respected/that there are no land-related conflicts
5
Check land tenure rights in Forest concession contract
For industrial forest concessions
6
Check land tenure rights in Documents regarding the completion of the inquiry into third party rights
For industrial forest concessions
7
Check land tenure rights in Order for the creation of a local community forest concession
For local community concessions
8
Check land tenure rights in Order for the creation of the artisanal forest unit
For artisanal forest units (UFA)
9
Check land tenure rights in Documents relating to the completion of the public inquiry prior to the creation of the artisanal forest unit
For artisanal forest units (UFA)
10
Check land tenure rights in Land concession contract
For private forests
Description of legal requirements
Land rights and titles shall be identified and recognized by stakeholders. They shall not overlap
VIEW MORE

As the state has sole ownership over the land and forest resources, natural and legal persons can only be granted the right to use the land by way of a land concession and/or the right to use forest resources by way of a forest concession. The law provides for two types of land concessions: concessions in perpetuity, which can only be granted to natural persons of Congolese nationality (Art. 80 Law n°73-021) and ordinary concessions, which can be granted to natural or legal persons of Congolese or foreign nationality, for a fixed period, which is normally 25 years. Natural or planted forests located on a land concession belong to the concession holder, which therefore, also has management and exploitation rights of those resources (art. 8 of the Forest Code).

The Forest Code also stipulates 3 forest categories: classified forests, protected forests and permanent production forests. Classified forests fall under the state public domain. They have an ecological purpose and must account for at least 15% of the DRC’s total territory. Protected forests and permanent production forests form part of the state private domain. Permanent production forests are designated for the allocation of logging concessions. They are established by ministerial order once they have been subjected to a public survey process, the aim being to determine any existing rights and to agree on compensation if applicable (the law stipulates that payment of compensation renders the forest free of all rights) (Art. 23 and 84 of the Forest Code). Rights to access forest resources can also be granted in protected forests, notably to local communities and artisanal loggers. Local community forest concessions are allocated free of charge by order of the provincial governor, following a regulated procedure (application, identification of local community making the application, preliminary inquiry, public disclosure). Artisanal forest units are created by order of the provincial governor concerned, following a public inquiry. The management and harvesting of forests by private persons is therefore allowed by way of a forest concession or a land concession.

Customary land rights

Congolese law loosely recognises customary land rights (not written). The law actually stipulates that “lands occupied by local communities are those where these communities live, farm and operate in some way (individual or collective) in compliance with local customs and usage” (Art. 388 of Law n°73-021). It therefore acknowledges the customary right to live on and work the land. Furthermore, before formal rights over any land are granted through a concession, the law stipulates that an inquiry must be carried out to determine the nature and scope of any potential third party rights over the requested land (Art. 193 of Law n°73-021). However, the law leaves it to the regulations to define a more detailed legal framework applicable to the duly acquired tenure rights over the customary land (Art. 389 of Law n°73-021). The presidential order provided for by the law was never adopted, which created a legal loophole and land tenure insecurity for all communities occupying land under customary rights. This means that in practice, local community land continues “to be governed by local customs and managed by customary authorities across more than 90% of the country’s surface area.” (Koné, 2017). Land and forest concessions can also be formally allocated to local communities.

Understanding and mapping of land rights In 2008, the DRC government began mapping out the country’s forest areas. The National Steering Committee for Forest Zoning (CNPZF) was set up by way of a ministerial order. This committee is a multi-stakeholder, cross-sectoral structure that unites all players involved in the management of land and natural resources. The government put together a map for the allocation of its forest areas, which was intended as a dynamic tool to be used to initiate a dialogue between the stakeholders and to act as a vehicle for the gradual implementation of the country’s new Forest Code. This zoning plan’s objective is to offer a clear, negotiated framework for access to spaces and resources. As well as creating maps and databases, the operation also, and above all, involves leading a dynamic process of analyses and discussions in relation to land use planning and the allocation of resources.

Legally required documents
Applicable legislation
  • Law n°73-021 of 20 July 1973 on the general property regime, real estate tenure and security regime, as amended and supplemented by Law n° 80-008 of 18 July 1980, 1973.
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016.
  • Constitution of the Democratic Republic of the Congo, as revised by Law n°11/002 of 20 January 2011;, 2011, Art 9.
  • Decree n°14/18 of 2 August 2014 establishing the modalities for allocating forest concessions to local communities;, 2014.
  • Law n°11/29 of 29 August 2002 on the Congolese Forest Code;, 2002.
VIEW LESS
1.2 Concession licenses
Last updated on 2021-08-25 Regulatory time frames for converting old forest titles are not respected Specified RISK
The regulatory time frames for converting old forest titles are not respected; (REM, 2011 and 2013, OI-FLEG/OGF, 2014, Global Witness, 2015, Greenpeace Africa, 2016)... VIEW MOREThe regulatory time frames for converting old forest titles are not respected; (REM, 2011 and 2013, OI-FLEG/OGF, 2014, Global Witness, 2015, Greenpeace Africa, 2016)
References
VIEW LESS
The risk applies to the following source types
  • Industrial forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Check any open source information about the concession (E.g. Forest Atlas of the Democratic Republic of Congo and COMIFAC database)

Verify that basic information about the concession align.

2
Check regulatory time frames in Presidential decree approving the concession contract
Check that for concessions covering between 300,000 and 400,000 hectares
3
Check regulatory time frames in Law approving the concession contract
Check that for concessions covering more than 400,000 hectares
4
Check regulatory time frames in The agreement of the Minister or President
5
Check regulatory time frames in Concession tender notice
6
Check regulatory time frames in Contract award report
7
Check regulatory time frames in an order granting the forest concession to the local community
For community forest concessions
8
Check regulatory time frames in an order for the publication and approval of the public inquiry conducted prior to the allocation of the concession
For industrial concessions and artisanal forest units
9
Check regulatory time frames in documentation relating to the compensation of local communities who have rights over the land concerned, if applicable
For industrial concessions and artisanal forest units
10
Check regulatory time frames in Report on the implementation of an environmental and social management plan
For concessions awarded through public tender
11
Check regulatory time frames in Verification report approved by the interministerial commission
For old forest titles converted into forest concessions
12
Check regulatory time frames in Forest management plan
For old forest titles converted into forest concessions. If the concession contract dates back more than 4 years.
Description of legal requirements
Post-2002, holders of old forests titles had a limited period to convert to forest concessions
VIEW MORE

The Forest Code primarily provides for the allocation of industrial forest concessions and local community forest concessions. A subsequent order also provides for the creation and allocation of artisanal forest units (unités forestières artisanales – ‘UFA’). Another order also provides for the possibility of harvesting natural or planted wood located on land concessions belonging to private individuals.

Conversion of old forest titles

The Forest Code granted holders of old forest titles (referred to as supply guarantees or letters of intent) one year to convert them into forest concessions (Art. 155 of the Forest Code), with effect from the Code’s entry into force in 2002. This time frame was then extended, and in 2005, a decree was issued stipulating the modalities for converting these old forest titles. The applicable procedure includes the submission of a request, followed by a verification of the application and the legal validity of the titles. A verification report is drawn up by the forest administration and approved by an interministerial commission (Art. 9 and 10 of Decree n°05/116).

Following a favourable recommendation from the commission, the minister and applicant sign the forest concession contract for a fixed duration of 25 years. The concessionaire then has four years to draw up a forest management plan and have it approved. If the concessionaire fails to do so, the contract is automatically terminated (Art. 19 of Decree n°05/116).

Initiated back in 2002, the process of converting old forest titles fell way behind schedule. It appears that it was finally concluded in 2014, recognised by way of a technical note confirming the completion of the process of converting old forest titles into forest concession contracts by the Congolese government.

Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Decree n°05/116 of 24 October 2005 laying down the procedures for converting old forest titles into forest concession contracts and extending the moratorium on new logging titles, 2005.
  • Decree n°08/02 of 21 January 2008 modifying Decree n°05/116 of 24 October 2005, 2008.
  • Decree n°011/25 of 20 May 2011 modifying Decree n°08/09 of 8 April 2008 establishing the procedure for assigning forest concessions, 2011.
  • Decree n°011/26 of 20 May 2011 on the obligation to publish all contracts relating to natural resources, 2011.
  • Ministerial Order n°CAB/MIN/AF.F.ET/194/MAS/02 of 14 May 2002 suspending the granting of forest allocations, 2011.
  • Ministerial Order n°037/CAB/MIN/ECNTl151JEB/ 2008 of 18 September 2008 establishing the selection criteria for forest concession bidders, 2002.
  • Ministerial Order n°072/CAB/MIN/EDD/DRCE/00/AAN/2018 of 12 November 2018 establishing a model agreement constituting the social clause of the forest concession contract’s specifications (cahier des charges), 2008.
  • Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 establishing the procedure for the authorisation of the sale, rental, exchange or donation of a forest concession, 2016.
  • Ministerial Order n°083 /CAB/MIN/ECN-T/11/BNME/2013 of 30 September 2013 modifying and supplementing Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008, 2008.
  • Technical note n°2056/CAB/MIN/ECN-T/05/11/BNME/2014 of 26 August 2014 for the attention of the Prime Minister, head of the government. Regarding: Completing the conversion of old forest titles into forest concessions contracts, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 3, 5, 8, 14, 15, 18.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 21, 22 and 82 to 116.
VIEW LESS
1.2 Concession licenses
Last updated on 2021-08-25 New concession contracts are awarded in violation of the moratorium in force Specified RISK
New industrial concession contracts are awarded in violation of the moratorium in force; (OI-FLEG/REM, 2011; Global Witness, 2007; Greenpeace Africa, 2016, GTCRR, 2021)... VIEW MORENew industrial concession contracts are awarded in violation of the moratorium in force; (OI-FLEG/REM, 2011; Global Witness, 2007; Greenpeace Africa, 2016, GTCRR, 2021)
References
VIEW LESS
The risk applies to the following source types
  • Industrial forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Check the legality of new concession contracts in Forest Atlas of the Democratic Republic of Congo
Check any open source information about the concession to verify that basic information about the concession align
2
Check the legality of new concession contracts in an order granting the forest concession to the local community
For community forest concessions
3
Check the legality of new concession contracts in an order for the publication and approval of the public inquiry conducted prior to the allocation of the concession
For industrial concessions and artisanal forest units
4
Check the legality of new concession contracts in Documentation relating to the compensation of local communities who have rights over the land concerned, if applicable
For industrial concessions and artisanal forest units
5
Check the legality of new concession contracts in Concession contract and its specifications (cahier des charges) containing the general and specific provisions, including the social clauses signed by the local communities and/or indigenous people affected
For industrial concessions and artisanal forest units
6
Check the legality of new concession contracts in Presidential decree approving the concession contract
Check that for concessions covering between 300,000 and 400,000 hectares
7
Check the legality of new concession contracts in Law approving the concession contract
Check that for concessions covering more than 400,000 hectares
8
Check the legality of new concession contracts in The agreement of the Minister or President
For concessions that have been sold, rented out or exchange
9
Check the legality of new concession contracts in Concession tender notice
For concessions awarded through public tender
10
Check the legality of new concession contracts in Contract award report
For concessions awarded through public tender
11
Check the legality of new concession contracts in Report from the independent observer of the tender process
For concessions awarded through public tender
Description of legal requirements
The concession should not be awarded after 2002
VIEW MORE

The Forest Code primarily provides for the allocation of industrial forest concessions and local community forest concessions. A subsequent order also provides for the creation and allocation of artisanal forest units (unités forestières artisanales – ‘UFA’). Another order also provides for the possibility of harvesting natural or planted wood located on land concessions belonging to private individuals.

Moratorium on new (industrial) forest concessions

The allocation of new industrial forest concessions was suspended by ministerial order in 2002 (Order n°CAB/MIN/AF.F-E.T./194/MAS/02). This decision was extended in 2005 (Decree n°05/116 of 24 October 2005). Three conditions must be met before this moratorium can be lifted: (1) the new forest allocation tender procedures are published, (2) the final results of the conversion process are published and all non-converted titles are terminated and (3) a three-year geographical plan for future allocations is drawn up based on a consultation process. 

The moratorium must also be lifted by way of a decree (Art. 23 of Decree n°05/116). 

It appears that:

  • the third condition has still not been met as of January 2021 (see the website of the Forest Atlas of the Democratic Republic of Congo), and 
  • no legal text has yet lifted the moratorium currently in place. 

Consequently, it is illegal for any new forest concessions to be allocated outside of the old forest title conversion process.

Allocation procedure

Despite the moratorium on new concessions, legislation provides a detailed explanation of the normal procedure for allocating forest concessions, which is executed by way of a tender procedure (Art. 83 of the Forest Code). In exceptional cases, the law allows for the allocation of forests at the discretion of the State, however this does not apply to forests intended for logging operations, valid reasons being the promotion of environmental services against payment, the promotion of eco-tourism or bio-prospecting objectives, and the conservation of biological diversity (Art. 38 of Decree n°08/09, as amended by Art. 1 of Decree n°011/25). Furthermore, in order to obtain a forest concession, natural persons must be domiciled in the DRC and legal persons must have their head office in the DRC. The entity must also post a bond or obtain a guarantee from a financial institution, the value of which is based on the value or area of the forest concession (Art. 82 of the Forest Code).

Preliminary public inquiry

Before a concession can be allocated, a public inquiry must be carried out with the aim of determining “the nature and scope of any rights that third parties might have over the forest to be granted for the purposes of compensation, if any” (Art. 84 of the Forest Code). The key stages are as follows:

  • The proposal is communicated to the relevant stakeholders with a view to carrying out a joint audit on the ground for the purpose of collecting any relevant information;
  • The project proponent submits the request for a public inquiry to the provincial governor;
  • An inquiry committee is set up or a private expert is appointed by the provincial governor;
  • The inquiry is conducted by the committee created especially for this purpose;
  • The public inquiry report is drawn up;
  • The report is approved and published by the governor (by way of an order);
  • If applicable, the compensation amount for removal of third party rights is established amicably or through the courts.

Public tender procedure

The forest administration then carries out a valuation of the forest concession and sets the reserve price before putting it out to public tender (Art. 85 of the Forest Code). A tender submission file is drawn up and approved by ministerial order. It specifies the tender conditions and the operating rules. The tender procedure must be carried out in compliance with the formalities stipulated by the regulations (Decree n°08/09). The key stages are as follows:

  • The concession submission file is drawn up;
  • An invitation to tender is launched, specifying the deadline for submissions (minimum of 3 months);
  • The tenders are submitted (technical and financial) in line with the conditions specified by the regulations and the administration;
  • An interministerial tender committee is formed to examine the applications in line with the composition provided for by the regulations (Art. 19 of Decree n°08/09);
  • The tenders are opened during a duly organised public session;
  • The committee examines the proposals in line with the regulatory criteria;
  • The scores and final rankings of the bidders are established during a duly organised public session. The highest ranked bidder is selected;
  • The committee prepares a tender report indicating the selected bidder and the independent tender observer also prepares their own report. The two reports are made public;
  • The successful bidder has 30 days to provide the security deposit;
  • The administration draws up the concession specifications (cahier des charges) and the concession contract is signed. 

Concession contracts

Concession contracts cannot exceed 25 years, however they are renewable.

Artisanal logging 

There is a special regime for artisanal forest units, the creation and allocation of which are governed at provincial level in line with a process that is identical (mutatis mutandis) to the allocation of forest concessions (Ministerial Order n°85/CAB). The moratorium on concession allocation does not apply to artisanal concessions. Artisanal loggers must obtain a profession accreditation, issued by the provincial governor and valid for 5 years.

  • Category 1 artisanal logging is any logging conducted by a natural person of Congolese nationality in an area of less than 50 hectares. 
  • Category 2 artisanal logging is any logging conducted within an artisanal forest unit by a natural or legal person in an area between 100 and 500 hectares. Category 2 artisanal loggers must obtain an annual allowable cut within an artisanal forest unit. The annual allowable cut is awarded through a tender procedure similar to the forest concession tender procedure, and only if the area has been subjected to a forest management process implemented by the forest administration (Art. 9 and 10 of Ministerial Order n°85/CAB).

Local community forest concessions

The law also states that local communities may obtain forest concession on forests legally owned by virtue of custom as a (Art. 22 of the Forest Code). A request must be submitted to the provincial governor by the community representative(s) and must include a participatory map, the approximate surface area of the forest and the minutes from a community committee meeting (Art. 4 of Decree n°14/018). The forest administration then proceeds with a preliminary inquiry with a view to verifying the requesting community’s rights (Art. 9 of Decree n°14/018). 

The provincial governor makes a reasoned decision to accept or reject the request and, if applicable, issues an order confirming the free allocation of a perpetual forest concession to the local community (Art. 15 of Decree n°14/018). 

Category 1 artisanal loggers can access the timber resources covered by community concessions through a written agreement signed with the local community concerned.

Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Decree n°05/116 of 24 October 2005 laying down the procedures for converting old forest titles into forest concession contracts and extending the moratorium on new logging titles, 2005.
  • Decree n°08/02 of 21 January 2008 modifying Decree n°05/116 of 24 October 2005, 2008.
  • Decree n°011/25 of 20 May 2011 modifying Decree n°08/09 of 8 April 2008 establishing the procedure for assigning forest concessions, 2011.
  • Decree n°011/26 of 20 May 2011 on the obligation to publish all contracts relating to natural resources, 2011.
  • Ministerial Order n°CAB/MIN/AF.F.ET/194/MAS/02 of 14 May 2002 suspending the granting of forest allocations, 2011.
  • Ministerial Order n°037/CAB/MIN/ECNTl151JEB/ 2008 of 18 September 2008 establishing the selection criteria for forest concession bidders, 2002.
  • Ministerial Order n°072/CAB/MIN/EDD/DRCE/00/AAN/2018 of 12 November 2018 establishing a model agreement constituting the social clause of the forest concession contract’s specifications (cahier des charges), 2008.
  • Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 establishing the procedure for the authorisation of the sale, rental, exchange or donation of a forest concession, 2016.
  • Ministerial Order n°083 /CAB/MIN/ECN-T/11/BNME/2013 of 30 September 2013 modifying and supplementing Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008, 2008.
  • Technical note n°2056/CAB/MIN/ECN-T/05/11/BNME/2014 of 26 August 2014 for the attention of the Prime Minister, head of the government. Regarding: Completing the conversion of old forest titles into forest concessions contracts, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 3, 5, 8, 14, 15, 18.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 21, 22 and 82 to 117.
VIEW LESS
1.2 Concession licenses
Last updated on 2021-08-25 Concession contracts are awarded at the discretion of the State Specified RISK
Concession contracts are awarded at the discretion of the State despite not being based on any of the grounds specified by the regulations, notably with the aim of bypassing the stringent requirements of the public tender procedure; (Greenpeace Africa, 2016, GTCRR, 2021)... VIEW MOREConcession contracts are awarded at the discretion of the State despite not being based on any of the grounds specified by the regulations, notably with the aim of bypassing the stringent requirements of the public tender procedure; (Greenpeace Africa, 2016, GTCRR, 2021)
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Check the legality of concession contracts in an order granting the forest concession to the local community
2
Check the legality of concession contracts in an order for the publication and approval of the public inquiry conducted prior to the allocation of the concession
3
Check the legality of concession contracts in Concession contract and its specifications (cahier des charges) containing the general and specific provisions, including the social clauses signed by the local communities and/or indigenous people affected
4
Check the legality of concession contracts in Presidential decree approving the concession contract
Check that for concessions covering between 300,000 and 400,000 hectares
5
Check the legality of concession contracts in Law approving the concession contract
Check that for concessions covering more than 400,000 hectares
6
Check the legality of concession contracts in Concession contract and its specifications (cahier des charges) containing the general and specific provisions, including the social clauses signed by the local communities and/or indigenous people affected
7
Check the legality of concession contracts in The agreement of the Minister or President
8
Check the legality of concession contracts in Concession tender notice
9
Check the legality of concession contracts in Contract award report
10
Check the legality of concession contracts in Report from the independent observer of the tender process
11
Check the legality of concession contracts in Verification report approved by the interministerial commission
12
Check the legality of concession contracts in Forest management plan
13
Check any open source information about the concession (E.g. Forest Atlas of the Democratic Republic of Congo and COMIFAC database)

Verify that basic information about the concession align.

Description of legal requirements
Forest concessions awarded at the discretion of the State cannot be categorised as forests intended for logging operations
VIEW MORE

The Forest Code primarily provides for the allocation of industrial forest concessions and local community forest concessions. A subsequent order also provides for the creation and allocation of artisanal forest units (unités forestières artisanales – ‘UFA’). Another order also provides for the possibility of harvesting natural or planted wood located on land concessions belonging to private individuals.

Moratorium on new (industrial) forest concessions

The allocation of new industrial forest concessions was suspended by ministerial order in 2002 (Order n°CAB/MIN/AF.F-E.T./194/MAS/02). This decision was extended in 2005 (Decree n°05/116 of 24 October 2005). Three conditions must be met before this moratorium can be lifted: (1) the new forest allocation tender procedures are published, (2) the final results of the conversion process are published and all non-converted titles are terminated and (3) a three-year geographical plan for future allocations is drawn up based on a consultation process. 

The moratorium must also be lifted by way of a decree (Art. 23 of Decree n°05/116). 

It appears that:

  • the third condition has still not been met as of January 2021 (see the website of the Forest Atlas of the Democratic Republic of Congo), and 
  • no legal text has yet lifted the moratorium currently in place. 

Consequently, it is illegal for any new forest concessions to be allocated outside of the old forest title conversion process.

Allocation procedure

Despite the moratorium on new concessions, legislation provides a detailed explanation of the normal procedure for allocating forest concessions, which is executed by way of a tender procedure (Art. 83 of the Forest Code). In exceptional cases, the law allows for the allocation of forests at the discretion of the State, however this does not apply to forests intended for logging operations, valid reasons being the promotion of environmental services against payment, the promotion of eco-tourism or bio-prospecting objectives, and the conservation of biological diversity (Art. 38 of Decree n°08/09, as amended by Art. 1 of Decree n°011/25). Furthermore, in order to obtain a forest concession, natural persons must be domiciled in the DRC and legal persons must have their head office in the DRC. The entity must also post a bond or obtain a guarantee from a financial institution, the value of which is based on the value or area of the forest concession (Art. 82 of the Forest Code).

Preliminary public inquiry

Before a concession can be allocated, a public inquiry must be carried out with the aim of determining “the nature and scope of any rights that third parties might have over the forest to be granted for the purposes of compensation, if any” (Art. 84 of the Forest Code). The key stages are as follows:

  • The proposal is communicated to the relevant stakeholders with a view to carrying out a joint audit on the ground for the purpose of collecting any relevant information;
  • The project proponent submits the request for a public inquiry to the provincial governor;
  • An inquiry committee is set up or a private expert is appointed by the provincial governor;
  • The inquiry is conducted by the committee created especially for this purpose;
  • The public inquiry report is drawn up;
  • The report is approved and published by the governor (by way of an order);
  • If applicable, the compensation amount for removal of third party rights is established amicably or through the courts.

Public tender procedure

The forest administration then carries out a valuation of the forest concession and sets the reserve price before putting it out to public tender (Art. 85 of the Forest Code). A tender submission file is drawn up and approved by ministerial order. It specifies the tender conditions and the operating rules. The tender procedure must be carried out in compliance with the formalities stipulated by the regulations (Decree n°08/09). The key stages are as follows:

  • The concession submission file is drawn up;
  • An invitation to tender is launched, specifying the deadline for submissions (minimum of 3 months);
  • The tenders are submitted (technical and financial) in line with the conditions specified by the regulations and the administration;
  • An interministerial tender committee is formed to examine the applications in line with the composition provided for by the regulations (Art. 19 of Decree n°08/09);
  • The tenders are opened during a duly organised public session;
  • The committee examines the proposals in line with the regulatory criteria;
  • The scores and final rankings of the bidders are established during a duly organised public session. The highest ranked bidder is selected;
  • The committee prepares a tender report indicating the selected bidder and the independent tender observer also prepares their own report. The two reports are made public;
  • The successful bidder has 30 days to provide the security deposit;
  • The administration draws up the concession specifications (cahier des charges) and the concession contract is signed. 

Concession contracts

Concession contracts cannot exceed 25 years, however they are renewable.

Artisanal logging 

There is a special regime for artisanal forest units, the creation and allocation of which are governed at provincial level in line with a process that is identical (mutatis mutandis) to the allocation of forest concessions (Ministerial Order n°85/CAB). The moratorium on concession allocation does not apply to artisanal concessions. Artisanal loggers must obtain a profession accreditation, issued by the provincial governor and valid for 5 years.

  • Category 1 artisanal logging is any logging conducted by a natural person of Congolese nationality in an area of less than 50 hectares. 
  • Category 2 artisanal logging is any logging conducted within an artisanal forest unit by a natural or legal person in an area between 100 and 500 hectares. Category 2 artisanal loggers must obtain an annual allowable cut within an artisanal forest unit. The annual allowable cut is awarded through a tender procedure similar to the forest concession tender procedure, and only if the area has been subjected to a forest management process implemented by the forest administration (Art. 9 and 10 of Ministerial Order n°85/CAB).

Local community forest concessions

The law also states that local communities may obtain forest concession on forests legally owned by virtue of custom as a (Art. 22 of the Forest Code). A request must be submitted to the provincial governor by the community representative(s) and must include a participatory map, the approximate surface area of the forest and the minutes from a community committee meeting (Art. 4 of Decree n°14/018). The forest administration then proceeds with a preliminary inquiry with a view to verifying the requesting community’s rights (Art. 9 of Decree n°14/018). 

The provincial governor makes a reasoned decision to accept or reject the request and, if applicable, issues an order confirming the free allocation of a perpetual forest concession to the local community (Art. 15 of Decree n°14/018). 

Category 1 artisanal loggers can access the timber resources covered by community concessions through a written agreement signed with the local community concerned.

Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Decree n°05/116 of 24 October 2005 laying down the procedures for converting old forest titles into forest concession contracts and extending the moratorium on new logging titles, 2005.
  • Decree n°08/02 of 21 January 2008 modifying Decree n°05/116 of 24 October 2005, 2008.
  • Decree n°011/25 of 20 May 2011 modifying Decree n°08/09 of 8 April 2008 establishing the procedure for assigning forest concessions, 2011.
  • Decree n°011/26 of 20 May 2011 on the obligation to publish all contracts relating to natural resources, 2011.
  • Ministerial Order n°CAB/MIN/AF.F.ET/194/MAS/02 of 14 May 2002 suspending the granting of forest allocations, 2011.
  • Ministerial Order n°037/CAB/MIN/ECNTl151JEB/ 2008 of 18 September 2008 establishing the selection criteria for forest concession bidders, 2002.
  • Ministerial Order n°072/CAB/MIN/EDD/DRCE/00/AAN/2018 of 12 November 2018 establishing a model agreement constituting the social clause of the forest concession contract’s specifications (cahier des charges), 2008.
  • Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 establishing the procedure for the authorisation of the sale, rental, exchange or donation of a forest concession, 2016.
  • Ministerial Order n°083 /CAB/MIN/ECN-T/11/BNME/2013 of 30 September 2013 modifying and supplementing Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 3, 5, 8, 14, 15, 18.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 21, 22 and 82 to 116.
VIEW LESS
1.2 Concession licenses
Last updated on 2021-08-25 The specifications (cahier des charges) attached to the concession contract are not signed Specified RISK
The specifications (Cahier des charges) attached to the concession contract are not signed (Expert consultation, 2019);... VIEW MORE

The specifications (Cahier des charges) attached to the concession contract are not signed (Expert consultation, 2019);

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
Risk mitigation options
Document verification
1
Check the signature of Concession contract and its specifications (cahier des charges) containing the general and specific provisions, including the social clauses signed by the local communities and/or indigenous people affected
Description of legal requirements
Cahier des charges shall be duly signed
VIEW MORE

The Forest Code primarily provides for the allocation of industrial forest concessions and local community forest concessions. A subsequent order also provides for the creation and allocation of artisanal forest units (unités forestières artisanales – ‘UFA’). Another order also provides for the possibility of harvesting natural or planted wood located on land concessions belonging to private individuals.

Moratorium on new (industrial) forest concessions

The allocation of new industrial forest concessions was suspended by ministerial order in 2002 (Order n°CAB/MIN/AF.F-E.T./194/MAS/02). This decision was extended in 2005 (Decree n°05/116 of 24 October 2005). Three conditions must be met before this moratorium can be lifted: (1) the new forest allocation tender procedures are published, (2) the final results of the conversion process are published and all non-converted titles are terminated and (3) a three-year geographical plan for future allocations is drawn up based on a consultation process. 

The moratorium must also be lifted by way of a decree (Art. 23 of Decree n°05/116). 

It appears that:

  • the third condition has still not been met as of January 2021 (see the website of the Forest Atlas of the Democratic Republic of Congo), and 
  • no legal text has yet lifted the moratorium currently in place. 

Consequently, it is illegal for any new forest concessions to be allocated outside of the old forest title conversion process.

Allocation procedure

Despite the moratorium on new concessions, legislation provides a detailed explanation of the normal procedure for allocating forest concessions, which is executed by way of a tender procedure (Art. 83 of the Forest Code). In exceptional cases, the law allows for the allocation of forests at the discretion of the State, however this does not apply to forests intended for logging operations, valid reasons being the promotion of environmental services against payment, the promotion of eco-tourism or bio-prospecting objectives, and the conservation of biological diversity (Art. 38 of Decree n°08/09, as amended by Art. 1 of Decree n°011/25). Furthermore, in order to obtain a forest concession, natural persons must be domiciled in the DRC and legal persons must have their head office in the DRC. The entity must also post a bond or obtain a guarantee from a financial institution, the value of which is based on the value or area of the forest concession (Art. 82 of the Forest Code).

Preliminary public inquiry

Before a concession can be allocated, a public inquiry must be carried out with the aim of determining “the nature and scope of any rights that third parties might have over the forest to be granted for the purposes of compensation, if any” (Art. 84 of the Forest Code). The key stages are as follows:

  • The proposal is communicated to the relevant stakeholders with a view to carrying out a joint audit on the ground for the purpose of collecting any relevant information;
  • The project proponent submits the request for a public inquiry to the provincial governor;
  • An inquiry committee is set up or a private expert is appointed by the provincial governor;
  • The inquiry is conducted by the committee created especially for this purpose;
  • The public inquiry report is drawn up;
  • The report is approved and published by the governor (by way of an order);
  • If applicable, the compensation amount for removal of third party rights is established amicably or through the courts.

Public tender procedure

The forest administration then carries out a valuation of the forest concession and sets the reserve price before putting it out to public tender (Art. 85 of the Forest Code). A tender submission file is drawn up and approved by ministerial order. It specifies the tender conditions and the operating rules. The tender procedure must be carried out in compliance with the formalities stipulated by the regulations (Decree n°08/09). The key stages are as follows:

  • The concession submission file is drawn up;
  • An invitation to tender is launched, specifying the deadline for submissions (minimum of 3 months);
  • The tenders are submitted (technical and financial) in line with the conditions specified by the regulations and the administration;
  • An interministerial tender committee is formed to examine the applications in line with the composition provided for by the regulations (Art. 19 of Decree n°08/09);
  • The tenders are opened during a duly organised public session;
  • The committee examines the proposals in line with the regulatory criteria;
  • The scores and final rankings of the bidders are established during a duly organised public session. The highest ranked bidder is selected;
  • The committee prepares a tender report indicating the selected bidder and the independent tender observer also prepares their own report. The two reports are made public;
  • The successful bidder has 30 days to provide the security deposit;
  • The administration draws up the concession specifications (cahier des charges) and the concession contract is signed. 

Concession contracts

Concession contracts cannot exceed 25 years, however they are renewable.

Artisanal logging 

There is a special regime for artisanal forest units, the creation and allocation of which are governed at provincial level in line with a process that is identical (mutatis mutandis) to the allocation of forest concessions (Ministerial Order n°85/CAB). The moratorium on concession allocation does not apply to artisanal concessions. Artisanal loggers must obtain a profession accreditation, issued by the provincial governor and valid for 5 years.

  • Category 1 artisanal logging is any logging conducted by a natural person of Congolese nationality in an area of less than 50 hectares. 
  • Category 2 artisanal logging is any logging conducted within an artisanal forest unit by a natural or legal person in an area between 100 and 500 hectares. Category 2 artisanal loggers must obtain an annual allowable cut within an artisanal forest unit. The annual allowable cut is awarded through a tender procedure similar to the forest concession tender procedure, and only if the area has been subjected to a forest management process implemented by the forest administration (Art. 9 and 10 of Ministerial Order n°85/CAB).

Local community forest concessions

The law also states that local communities may obtain forest concession on forests legally owned by virtue of custom as a (Art. 22 of the Forest Code). A request must be submitted to the provincial governor by the community representative(s) and must include a participatory map, the approximate surface area of the forest and the minutes from a community committee meeting (Art. 4 of Decree n°14/018). The forest administration then proceeds with a preliminary inquiry with a view to verifying the requesting community’s rights (Art. 9 of Decree n°14/018). 

The provincial governor makes a reasoned decision to accept or reject the request and, if applicable, issues an order confirming the free allocation of a perpetual forest concession to the local community (Art. 15 of Decree n°14/018). 

Category 1 artisanal loggers can access the timber resources covered by community concessions through a written agreement signed with the local community concerned.

Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Decree n°05/116 of 24 October 2005 laying down the procedures for converting old forest titles into forest concession contracts and extending the moratorium on new logging titles, 2005.
  • Decree n°08/02 of 21 January 2008 modifying Decree n°05/116 of 24 October 2005, 2008.
  • Decree n°011/25 of 20 May 2011 modifying Decree n°08/09 of 8 April 2008 establishing the procedure for assigning forest concessions, 2011.
  • Decree n°011/26 of 20 May 2011 on the obligation to publish all contracts relating to natural resources, 2011.
  • Ministerial Order n°CAB/MIN/AF.F.ET/194/MAS/02 of 14 May 2002 suspending the granting of forest allocations, 2011.
  • Ministerial Order n°037/CAB/MIN/ECNTl151JEB/ 2008 of 18 September 2008 establishing the selection criteria for forest concession bidders, 2002.
  • Ministerial Order n°072/CAB/MIN/EDD/DRCE/00/AAN/2018 of 12 November 2018 establishing a model agreement constituting the social clause of the forest concession contract’s specifications (cahier des charges), 2008.
  • Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 establishing the procedure for the authorisation of the sale, rental, exchange or donation of a forest concession, 2016.
  • Ministerial Order n°083 /CAB/MIN/ECN-T/11/BNME/2013 of 30 September 2013 modifying and supplementing Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 3, 5, 8, 14, 15, 18.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 21, 22 and 82 to 117.
VIEW LESS
1.2 Concession licenses
Last updated on 2021-08-25 Specifications (cahier des charges) do not contain a social clause in compliance with the regulatory template, duly signed by the logging company and the local communities and/or indigenous populations Specified RISK
Specifications (Cahier des charges) does not contain a social clause in compliance with the regulatory template, duly signed by the logging company and the local communities and/or indigenous populations (Global Witness, 2015 and 2018)... VIEW MORE

Specifications (Cahier des charges) does not contain a social clause in compliance with the regulatory template, duly signed by the logging company and the local communities and/or indigenous populations (Global Witness, 2015 and 2018)

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
Risk mitigation options
Document verification
1
Verify Concession contract and its specifications (cahier des charges) containing the general and specific provisions, including the social clauses signed by the local communities and/or indigenous people affected
Description of legal requirements
Cahier des charges shall contain a social clause in compliance with the regulatory template, duly signed by the logging company and the local communities and/or indigenous populations.
VIEW MORE

The Forest Code primarily provides for the allocation of industrial forest concessions and local community forest concessions. A subsequent order also provides for the creation and allocation of artisanal forest units (unités forestières artisanales – ‘UFA’). Another order also provides for the possibility of harvesting natural or planted wood located on land concessions belonging to private individuals.

Moratorium on new (industrial) forest concessions

The allocation of new industrial forest concessions was suspended by ministerial order in 2002 (Order n°CAB/MIN/AF.F-E.T./194/MAS/02). This decision was extended in 2005 (Decree n°05/116 of 24 October 2005). Three conditions must be met before this moratorium can be lifted: (1) the new forest allocation tender procedures are published, (2) the final results of the conversion process are published and all non-converted titles are terminated and (3) a three-year geographical plan for future allocations is drawn up based on a consultation process. 

The moratorium must also be lifted by way of a decree (Art. 23 of Decree n°05/116). 

It appears that:

  • the third condition has still not been met as of January 2021 (see the website of the Forest Atlas of the Democratic Republic of Congo), and 
  • no legal text has yet lifted the moratorium currently in place. 

Consequently, it is illegal for any new forest concessions to be allocated outside of the old forest title conversion process.

Allocation procedure

Despite the moratorium on new concessions, legislation provides a detailed explanation of the normal procedure for allocating forest concessions, which is executed by way of a tender procedure (Art. 83 of the Forest Code). In exceptional cases, the law allows for the allocation of forests at the discretion of the State, however this does not apply to forests intended for logging operations, valid reasons being the promotion of environmental services against payment, the promotion of eco-tourism or bio-prospecting objectives, and the conservation of biological diversity (Art. 38 of Decree n°08/09, as amended by Art. 1 of Decree n°011/25). Furthermore, in order to obtain a forest concession, natural persons must be domiciled in the DRC and legal persons must have their head office in the DRC. The entity must also post a bond or obtain a guarantee from a financial institution, the value of which is based on the value or area of the forest concession (Art. 82 of the Forest Code).

Preliminary public inquiry

Before a concession can be allocated, a public inquiry must be carried out with the aim of determining “the nature and scope of any rights that third parties might have over the forest to be granted for the purposes of compensation, if any” (Art. 84 of the Forest Code). The key stages are as follows:

  • The proposal is communicated to the relevant stakeholders with a view to carrying out a joint audit on the ground for the purpose of collecting any relevant information;
  • The project proponent submits the request for a public inquiry to the provincial governor;
  • An inquiry committee is set up or a private expert is appointed by the provincial governor;
  • The inquiry is conducted by the committee created especially for this purpose;
  • The public inquiry report is drawn up;
  • The report is approved and published by the governor (by way of an order);
  • If applicable, the compensation amount for removal of third party rights is established amicably or through the courts.

Public tender procedure

The forest administration then carries out a valuation of the forest concession and sets the reserve price before putting it out to public tender (Art. 85 of the Forest Code). A tender submission file is drawn up and approved by ministerial order. It specifies the tender conditions and the operating rules. The tender procedure must be carried out in compliance with the formalities stipulated by the regulations (Decree n°08/09). The key stages are as follows:

  • The concession submission file is drawn up;
  • An invitation to tender is launched, specifying the deadline for submissions (minimum of 3 months);
  • The tenders are submitted (technical and financial) in line with the conditions specified by the regulations and the administration;
  • An interministerial tender committee is formed to examine the applications in line with the composition provided for by the regulations (Art. 19 of Decree n°08/09);
  • The tenders are opened during a duly organised public session;
  • The committee examines the proposals in line with the regulatory criteria;
  • The scores and final rankings of the bidders are established during a duly organised public session. The highest ranked bidder is selected;
  • The committee prepares a tender report indicating the selected bidder and the independent tender observer also prepares their own report. The two reports are made public;
  • The successful bidder has 30 days to provide the security deposit;
  • The administration draws up the concession specifications (cahier des charges) and the concession contract is signed. 

Concession contracts

Concession contracts cannot exceed 25 years, however they are renewable.

Artisanal logging 

There is a special regime for artisanal forest units, the creation and allocation of which are governed at provincial level in line with a process that is identical (mutatis mutandis) to the allocation of forest concessions (Ministerial Order n°85/CAB). The moratorium on concession allocation does not apply to artisanal concessions. Artisanal loggers must obtain a profession accreditation, issued by the provincial governor and valid for 5 years.

  • Category 1 artisanal logging is any logging conducted by a natural person of Congolese nationality in an area of less than 50 hectares. 
  • Category 2 artisanal logging is any logging conducted within an artisanal forest unit by a natural or legal person in an area between 100 and 500 hectares. Category 2 artisanal loggers must obtain an annual allowable cut within an artisanal forest unit. The annual allowable cut is awarded through a tender procedure similar to the forest concession tender procedure, and only if the area has been subjected to a forest management process implemented by the forest administration (Art. 9 and 10 of Ministerial Order n°85/CAB).

Local community forest concessions

The law also states that local communities may obtain forest concession on forests legally owned by virtue of custom as a (Art. 22 of the Forest Code). A request must be submitted to the provincial governor by the community representative(s) and must include a participatory map, the approximate surface area of the forest and the minutes from a community committee meeting (Art. 4 of Decree n°14/018). The forest administration then proceeds with a preliminary inquiry with a view to verifying the requesting community’s rights (Art. 9 of Decree n°14/018). 

The provincial governor makes a reasoned decision to accept or reject the request and, if applicable, issues an order confirming the free allocation of a perpetual forest concession to the local community (Art. 15 of Decree n°14/018). 

Category 1 artisanal loggers can access the timber resources covered by community concessions through a written agreement signed with the local community concerned.

Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Decree n°05/116 of 24 October 2005 laying down the procedures for converting old forest titles into forest concession contracts and extending the moratorium on new logging titles, 2005.
  • Decree n°08/02 of 21 January 2008 modifying Decree n°05/116 of 24 October 2005, 2008.
  • Decree n°011/25 of 20 May 2011 modifying Decree n°08/09 of 8 April 2008 establishing the procedure for assigning forest concessions, 2011.
  • Decree n°011/26 of 20 May 2011 on the obligation to publish all contracts relating to natural resources, 2011.
  • Ministerial Order n°CAB/MIN/AF.F.ET/194/MAS/02 of 14 May 2002 suspending the granting of forest allocations, 2011.
  • Ministerial Order n°037/CAB/MIN/ECNTl151JEB/ 2008 of 18 September 2008 establishing the selection criteria for forest concession bidders, 2002.
  • Ministerial Order n°072/CAB/MIN/EDD/DRCE/00/AAN/2018 of 12 November 2018 establishing a model agreement constituting the social clause of the forest concession contract’s specifications (cahier des charges), 2008.
  • Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 establishing the procedure for the authorisation of the sale, rental, exchange or donation of a forest concession, 2016.
  • Ministerial Order n°083 /CAB/MIN/ECN-T/11/BNME/2013 of 30 September 2013 modifying and supplementing Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 3, 5, 8, 14, 15, 18.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 21, 22 and 82 to 117.
VIEW LESS
1.2 Concession licenses
Last updated on 2021-08-25 Continuation of concession despite lack of approved forest management plan after the 4 year period Specified RISK
Concession contracts are not terminated where a forest management plan has not been duly drawn up and approved within the 4-year period specified by law for old forest titles converted into concessions (Greenpeace estimated in 2019 that 24 forest concessions fell into this scenario, accounting for 4.5 million hectares allocated contrary to the law – on a total of around 60 concessions in DRC covering around 10 million hectares); (Greenpeace Af... VIEW MOREConcession contracts are not terminated where a forest management plan has not been duly drawn up and approved within the 4-year period specified by law for old forest titles converted into concessions (Greenpeace estimated in 2019 that 24 forest concessions fell into this scenario, accounting for 4.5 million hectares allocated contrary to the law – on a total of around 60 concessions in DRC covering around 10 million hectares); (Greenpeace Africa, 2019)
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Check any open source information about the concession (E.g. Forest Atlas of the Democratic Republic of Congo and COMIFAC database)

Verify that basic information about the concession align

2
Check that forest management plan in approved in Presidential decree approving the concession contract
Check that for concessions covering between 300,000 and 400,000 hectares
3
Check that forest management plan in approved in Law approving the concession contract
Check that for concessions covering more than 400,000 hectares
4
Check that forest management plan in approved in The agreement of the Minister or President
5
Check that forest management plan in approved in Concession tender notice
6
Check that forest management plan in approved in Contract award report
7
Verify Forest management plan
Description of legal requirements
Forests concessions shall have a forest mananagement plan in place 4 years after the concession attribution. The concessionaire can get an additional 12 months (maximum) by reasoned request upon decision of the Minister.
VIEW MORE

The Forest Code primarily provides for the allocation of industrial forest concessions and local community forest concessions. A subsequent order also provides for the creation and allocation of artisanal forest units (unités forestières artisanales – ‘UFA’). Another order also provides for the possibility of harvesting natural or planted wood located on land concessions belonging to private individuals.

Moratorium on new (industrial) forest concessions

The allocation of new industrial forest concessions was suspended by ministerial order in 2002 (Order n°CAB/MIN/AF.F-E.T./194/MAS/02). This decision was extended in 2005 (Decree n°05/116 of 24 October 2005). Three conditions must be met before this moratorium can be lifted: (1) the new forest allocation tender procedures are published, (2) the final results of the conversion process are published and all non-converted titles are terminated and (3) a three-year geographical plan for future allocations is drawn up based on a consultation process. 

The moratorium must also be lifted by way of a decree (Art. 23 of Decree n°05/116). 

It appears that:

  • the third condition has still not been met as of January 2021 (see the website of the Forest Atlas of the Democratic Republic of Congo), and 
  • no legal text has yet lifted the moratorium currently in place. 

Consequently, it is illegal for any new forest concessions to be allocated outside of the old forest title conversion process.

Allocation procedure

Despite the moratorium on new concessions, legislation provides a detailed explanation of the normal procedure for allocating forest concessions, which is executed by way of a tender procedure (Art. 83 of the Forest Code). In exceptional cases, the law allows for the allocation of forests at the discretion of the State, however this does not apply to forests intended for logging operations, valid reasons being the promotion of environmental services against payment, the promotion of eco-tourism or bio-prospecting objectives, and the conservation of biological diversity (Art. 38 of Decree n°08/09, as amended by Art. 1 of Decree n°011/25). Furthermore, in order to obtain a forest concession, natural persons must be domiciled in the DRC and legal persons must have their head office in the DRC. The entity must also post a bond or obtain a guarantee from a financial institution, the value of which is based on the value or area of the forest concession (Art. 82 of the Forest Code).

Preliminary public inquiry

Before a concession can be allocated, a public inquiry must be carried out with the aim of determining “the nature and scope of any rights that third parties might have over the forest to be granted for the purposes of compensation, if any” (Art. 84 of the Forest Code). The key stages are as follows:

  • The proposal is communicated to the relevant stakeholders with a view to carrying out a joint audit on the ground for the purpose of collecting any relevant information;
  • The project proponent submits the request for a public inquiry to the provincial governor;
  • An inquiry committee is set up or a private expert is appointed by the provincial governor;
  • The inquiry is conducted by the committee created especially for this purpose;
  • The public inquiry report is drawn up;
  • The report is approved and published by the governor (by way of an order);
  • If applicable, the compensation amount for removal of third party rights is established amicably or through the courts.

Public tender procedure

The forest administration then carries out a valuation of the forest concession and sets the reserve price before putting it out to public tender (Art. 85 of the Forest Code). A tender submission file is drawn up and approved by ministerial order. It specifies the tender conditions and the operating rules. The tender procedure must be carried out in compliance with the formalities stipulated by the regulations (Decree n°08/09). The key stages are as follows:

  • The concession submission file is drawn up;
  • An invitation to tender is launched, specifying the deadline for submissions (minimum of 3 months);
  • The tenders are submitted (technical and financial) in line with the conditions specified by the regulations and the administration;
  • An interministerial tender committee is formed to examine the applications in line with the composition provided for by the regulations (Art. 19 of Decree n°08/09);
  • The tenders are opened during a duly organised public session;
  • The committee examines the proposals in line with the regulatory criteria;
  • The scores and final rankings of the bidders are established during a duly organised public session. The highest ranked bidder is selected;
  • The committee prepares a tender report indicating the selected bidder and the independent tender observer also prepares their own report. The two reports are made public;
  • The successful bidder has 30 days to provide the security deposit;
  • The administration draws up the concession specifications (cahier des charges) and the concession contract is signed. 

Concession contracts

Concession contracts cannot exceed 25 years, however they are renewable.

Artisanal logging 

There is a special regime for artisanal forest units, the creation and allocation of which are governed at provincial level in line with a process that is identical (mutatis mutandis) to the allocation of forest concessions (Ministerial Order n°85/CAB). The moratorium on concession allocation does not apply to artisanal concessions. Artisanal loggers must obtain a profession accreditation, issued by the provincial governor and valid for 5 years.

  • Category 1 artisanal logging is any logging conducted by a natural person of Congolese nationality in an area of less than 50 hectares. 
  • Category 2 artisanal logging is any logging conducted within an artisanal forest unit by a natural or legal person in an area between 100 and 500 hectares. Category 2 artisanal loggers must obtain an annual allowable cut within an artisanal forest unit. The annual allowable cut is awarded through a tender procedure similar to the forest concession tender procedure, and only if the area has been subjected to a forest management process implemented by the forest administration (Art. 9 and 10 of Ministerial Order n°85/CAB).

Local community forest concessions

The law also states that local communities may obtain forest concession on forests legally owned by virtue of custom as a (Art. 22 of the Forest Code). A request must be submitted to the provincial governor by the community representative(s) and must include a participatory map, the approximate surface area of the forest and the minutes from a community committee meeting (Art. 4 of Decree n°14/018). The forest administration then proceeds with a preliminary inquiry with a view to verifying the requesting community’s rights (Art. 9 of Decree n°14/018). 

The provincial governor makes a reasoned decision to accept or reject the request and, if applicable, issues an order confirming the free allocation of a perpetual forest concession to the local community (Art. 15 of Decree n°14/018). 

Category 1 artisanal loggers can access the timber resources covered by community concessions through a written agreement signed with the local community concerned.

Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Decree n°05/116 of 24 October 2005 laying down the procedures for converting old forest titles into forest concession contracts and extending the moratorium on new logging titles, 2005.
  • Decree n°08/02 of 21 January 2008 modifying Decree n°05/116 of 24 October 2005, 2008.
  • Decree n°011/25 of 20 May 2011 modifying Decree n°08/09 of 8 April 2008 establishing the procedure for assigning forest concessions, 2011.
  • Decree n°011/26 of 20 May 2011 on the obligation to publish all contracts relating to natural resources, 2011.
  • Ministerial Order n°CAB/MIN/AF.F.ET/194/MAS/02 of 14 May 2002 suspending the granting of forest allocations, 2011.
  • Ministerial Order n°037/CAB/MIN/ECNTl151JEB/ 2008 of 18 September 2008 establishing the selection criteria for forest concession bidders, 2002.
  • Ministerial Order n°072/CAB/MIN/EDD/DRCE/00/AAN/2018 of 12 November 2018 establishing a model agreement constituting the social clause of the forest concession contract’s specifications (cahier des charges), 2008.
  • Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 establishing the procedure for the authorisation of the sale, rental, exchange or donation of a forest concession, 2016.
  • Ministerial Order n°083 /CAB/MIN/ECN-T/11/BNME/2013 of 30 September 2013 modifying and supplementing Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 3, 5, 8, 14, 15, 18.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 21, 22 and 82 to 117.
VIEW LESS
1.2 Concession licenses
Last updated on 2021-08-25 Community forest concessions are monopolised or manipulated Specified RISK
Community forest concessions are monopolised or manipulated by the elite or commercial entities. Concessions must be applied for by one or several community representatives, however it is still difficult to ensure that these representatives are acting properly on behalf of and in the interest of the communities concerned. (Comptoir Juridique juinior & Client Earth, 2017)... VIEW MORECommunity forest concessions are monopolised or manipulated by the elite or commercial entities. Concessions must be applied for by one or several community representatives, however it is still difficult to ensure that these representatives are acting properly on behalf of and in the interest of the communities concerned. (Comptoir Juridique juinior & Client Earth, 2017)
References
VIEW LESS
The risk applies to the following source types
  • Local community forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Check any open source information about the concession (E.g. Forest Atlas of the Democratic Republic of Congo and COMIFAC database)

Verify that basic information about the concession align.

2
Verify an order granting the forest concession to the local community
3
Verify an order for the publication and approval of the public inquiry conducted prior to the allocation of the concession
4
Verify Documentation relating to the compensation of local communities who have rights over the land concerned, if applicable
5
Verify Concession contract and its specifications (cahier des charges) containing the general and specific provisions, including the social clauses signed by the local communities and/or indigenous people affected
6
Verify Presidential decree approving the concession contract
Check that for concessions covering between 300,000 and 400,000 hectares
7
Verify Law approving the concession contract
Check that for concessions covering more than 400,000 hectares
8
Verify Concession contract and its specifications (cahier des charges) containing the general and specific provisions, including the social clauses signed by the local communities and/or indigenous people affected
9
Verify The agreement of the Minister or President
10
Verify Concession tender notice
11
Verify Contract award report
12
Verify Report from the independent observer of the tender process
13
Verify Verification report approved by the interministerial commission
14
Verify Forest management plan
Description of legal requirements
Concessions must be applied for involving one or several community representatives
VIEW MORE

The Forest Code primarily provides for the allocation of industrial forest concessions and local community forest concessions. A subsequent order also provides for the creation and allocation of artisanal forest units (unités forestières artisanales – ‘UFA’). Another order also provides for the possibility of harvesting natural or planted wood located on land concessions belonging to private individuals.

Moratorium on new (industrial) forest concessions

The allocation of new industrial forest concessions was suspended by ministerial order in 2002 (Order n°CAB/MIN/AF.F-E.T./194/MAS/02). This decision was extended in 2005 (Decree n°05/116 of 24 October 2005). Three conditions must be met before this moratorium can be lifted: (1) the new forest allocation tender procedures are published, (2) the final results of the conversion process are published and all non-converted titles are terminated and (3) a three-year geographical plan for future allocations is drawn up based on a consultation process. 

The moratorium must also be lifted by way of a decree (Art. 23 of Decree n°05/116). 

It appears that:

  • the third condition has still not been met as of January 2021 (see the website of the Forest Atlas of the Democratic Republic of Congo), and 
  • no legal text has yet lifted the moratorium currently in place. 

Consequently, it is illegal for any new forest concessions to be allocated outside of the old forest title conversion process.

Allocation procedure

Despite the moratorium on new concessions, legislation provides a detailed explanation of the normal procedure for allocating forest concessions, which is executed by way of a tender procedure (Art. 83 of the Forest Code). In exceptional cases, the law allows for the allocation of forests at the discretion of the State, however this does not apply to forests intended for logging operations, valid reasons being the promotion of environmental services against payment, the promotion of eco-tourism or bio-prospecting objectives, and the conservation of biological diversity (Art. 38 of Decree n°08/09, as amended by Art. 1 of Decree n°011/25). Furthermore, in order to obtain a forest concession, natural persons must be domiciled in the DRC and legal persons must have their head office in the DRC. The entity must also post a bond or obtain a guarantee from a financial institution, the value of which is based on the value or area of the forest concession (Art. 82 of the Forest Code).

Preliminary public inquiry

Before a concession can be allocated, a public inquiry must be carried out with the aim of determining “the nature and scope of any rights that third parties might have over the forest to be granted for the purposes of compensation, if any” (Art. 84 of the Forest Code). The key stages are as follows:

  • The proposal is communicated to the relevant stakeholders with a view to carrying out a joint audit on the ground for the purpose of collecting any relevant information;
  • The project proponent submits the request for a public inquiry to the provincial governor;
  • An inquiry committee is set up or a private expert is appointed by the provincial governor;
  • The inquiry is conducted by the committee created especially for this purpose;
  • The public inquiry report is drawn up;
  • The report is approved and published by the governor (by way of an order);
  • If applicable, the compensation amount for removal of third party rights is established amicably or through the courts.

Public tender procedure

The forest administration then carries out a valuation of the forest concession and sets the reserve price before putting it out to public tender (Art. 85 of the Forest Code). A tender submission file is drawn up and approved by ministerial order. It specifies the tender conditions and the operating rules. The tender procedure must be carried out in compliance with the formalities stipulated by the regulations (Decree n°08/09). The key stages are as follows:

  • The concession submission file is drawn up;
  • An invitation to tender is launched, specifying the deadline for submissions (minimum of 3 months);
  • The tenders are submitted (technical and financial) in line with the conditions specified by the regulations and the administration;
  • An interministerial tender committee is formed to examine the applications in line with the composition provided for by the regulations (Art. 19 of Decree n°08/09);
  • The tenders are opened during a duly organised public session;
  • The committee examines the proposals in line with the regulatory criteria;
  • The scores and final rankings of the bidders are established during a duly organised public session. The highest ranked bidder is selected;
  • The committee prepares a tender report indicating the selected bidder and the independent tender observer also prepares their own report. The two reports are made public;
  • The successful bidder has 30 days to provide the security deposit;
  • The administration draws up the concession specifications (cahier des charges) and the concession contract is signed. 

Concession contracts

Concession contracts cannot exceed 25 years, however they are renewable.

Artisanal logging 

There is a special regime for artisanal forest units, the creation and allocation of which are governed at provincial level in line with a process that is identical (mutatis mutandis) to the allocation of forest concessions (Ministerial Order n°85/CAB). The moratorium on concession allocation does not apply to artisanal concessions. Artisanal loggers must obtain a profession accreditation, issued by the provincial governor and valid for 5 years.

  • Category 1 artisanal logging is any logging conducted by a natural person of Congolese nationality in an area of less than 50 hectares. 
  • Category 2 artisanal logging is any logging conducted within an artisanal forest unit by a natural or legal person in an area between 100 and 500 hectares. Category 2 artisanal loggers must obtain an annual allowable cut within an artisanal forest unit. The annual allowable cut is awarded through a tender procedure similar to the forest concession tender procedure, and only if the area has been subjected to a forest management process implemented by the forest administration (Art. 9 and 10 of Ministerial Order n°85/CAB).

Local community forest concessions

The law also states that local communities may obtain forest concession on forests legally owned by virtue of custom as a (Art. 22 of the Forest Code). A request must be submitted to the provincial governor by the community representative(s) and must include a participatory map, the approximate surface area of the forest and the minutes from a community committee meeting (Art. 4 of Decree n°14/018). The forest administration then proceeds with a preliminary inquiry with a view to verifying the requesting community’s rights (Art. 9 of Decree n°14/018). 

The provincial governor makes a reasoned decision to accept or reject the request and, if applicable, issues an order confirming the free allocation of a perpetual forest concession to the local community (Art. 15 of Decree n°14/018). 

Category 1 artisanal loggers can access the timber resources covered by community concessions through a written agreement signed with the local community concerned.

Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008.
  • Decree n°05/116 of 24 October 2005 laying down the procedures for converting old forest titles into forest concession contracts and extending the moratorium on new logging titles, 2005.
  • Decree n°08/02 of 21 January 2008 modifying Decree n°05/116 of 24 October 2005, 2008.
  • Decree n°011/25 of 20 May 2011 modifying Decree n°08/09 of 8 April 2008 establishing the procedure for assigning forest concessions, 2011.
  • Decree n°011/26 of 20 May 2011 on the obligation to publish all contracts relating to natural resources, 2011.
  • Ministerial Order n°CAB/MIN/AF.F.ET/194/MAS/02 of 14 May 2002 suspending the granting of forest allocations, 2011.
  • Ministerial Order n°037/CAB/MIN/ECNTl151JEB/ 2008 of 18 September 2008 establishing the selection criteria for forest concession bidders, 2002.
  • Ministerial Order n°072/CAB/MIN/EDD/DRCE/00/AAN/2018 of 12 November 2018 establishing a model agreement constituting the social clause of the forest concession contract’s specifications (cahier des charges), 2008.
  • Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 establishing the procedure for the authorisation of the sale, rental, exchange or donation of a forest concession, 2016.
  • Ministerial Order n°083 /CAB/MIN/ECN-T/11/BNME/2013 of 30 September 2013 modifying and supplementing Ministerial Order n°022/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008, 2008.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 3, 5, 8, 14, 15, 18.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 21, 22 and 82 to 116.
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2021-08-25 The provisions of the forest management plan are not implemented or are only partially implemented Specified RISK
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Forest management plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
2
Verify Decision/order/ministerial decree authorising the extension of the deadline if the contract was signed more than four years ago
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
3
Verify Half-yearly progress reports on the preparation of the forest management plan
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management p
4
Verify Forest management inventory report and its certificate of conformity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
5
Verify Socio-economic assessment report
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
6
Verify Minutes from the consultation meetings with the local communities
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
7
Verify Forest management plan approval order
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
8
Verify Five-year management programme and its certificate of validity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
9
Verify Annual Operations Plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
10
Verify Approved simplified management programme
For community forests. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
11
Consult Observatoire de la Gouvernance Forestière en RDC (OGF)
12
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
Description of legal requirements
Provisions of the forest management plan shall be fully implemented according to legal requirements
VIEW MORE

The law stipulates that all forest management and logging activities must be conducted in accordance with a forest management plan drawn up in advance (Art. 71 of the Forest Code).

This forest management plan must be drawn up under the responsibility of the concessionaire and approved by the provincial governor (Art. 76 of the Forest Code).

The concessionaire is responsible for drawing up the forest management plan within the first four years of signing the concession contract. The concessionaire can get an additional 12 months (maximum) by reasoned request upon the decision of the Minister (Art. 5 of Order n°34/CAB/MIN/EDD). 

If at the end of this time frame the forest management plan has not been submitted to the forest administration, the harvest permits are suspended. In contrast, for old forest titles converted into concessions, the regulations stipulate the systematic termination of the concession contract if the forest management plan is not approved within 4 years (Art. 19 of Decree n°05/116).

A forest management plan can apply to one forest concession or several continuous forest concessions that fall under the responsibility of the same concessionaire (Art. 7 of Order n°34/CAB/MIN/EDD).

A series of operational guides provide detailed information and explanations relating to the techniques and templates for the different management documents. They include both illustrative and prescriptive information. They also provide details on the procedures for having these documents validated by the forest administration.

Drawing up the forest management plan

The forest management plan must be drawn up in line with the operational guides and prescriptive documents published by the forest administration.

Forest management plans are based on: 

•   A sampling plan, which must be approved in advance by the forest administration (certificate of conformity); 

•   A forest management inventory report, the activities of which must be verified by the forest administration (certificate of conformity);

•   A socio-economic assessment report, also validated by the forest administration (certificate of conformity).

The process is of a participatory nature and must include consultation meetings with the local communities (Art. 11 of Order n°34/CAB/MIN/EDD). Minutes of these meetings must be drawn up, outlining the observations of local communities in terms of the forest management plan and the zoning and allocation of land.

The concessionaire is responsible for updating the forest administration regarding the progress of the forest management plan twice a year (Art. 10 of Order n°34/CAB/MIN/EDD).

Following this process, a validation committee representing various administrative departments is created. This committee approves the forest management plans, issues the certificate of conformity and sends it all to the provincial governor. The provincial governor then issues an order for the approval of the forest management plan.

Management programmes and annual operations plans

The concession area is divided into five-year management blocks, which are then themselves divided into annual allowable cuts (AAC). The five-year management blocks are subject to management programmes, which schedule the activities for the five years, apart for the period directly preceding the adoption of the forest management plan. Indeed, for the first four years following the adoption of the concession contract, the management programme acts as the provisional forest management plan (Art. 20 of order n°34/CAB/MIN/EDD). Management programmes are recognised by a “validity certificate” issued by the forest administration.

Each annual allowable cut is also accompanied by an annual operations plan. This covers the period from January to December of the relevant year. It is drawn up based on the results of the annual allowable cut harvesting inventory, in accordance with the provisions of the forest management plan and the current five-year management programme. An industrial harvest permit is issued once the annual operations plan has been validated

Monitoring of forest management instructions

Whilst the forest management plan is being implemented, the concessionaire prepares an annual logging operations report, in line with the template produced by the forest administration (Art. 65 of Order n°34/CAB/MIN/EDD). The concessionaire also draws up a five-year management report every five years.

The forest administration must ensure that the forest management plan is checked, monitored and evaluated (Art. 76 of the Forest Code).

Artisanal forest units

The process for drawing up and implementing a forest management plan for an artisanal forest unit or unité forestière artisanale (UFA) is normally similar but adjusted slightly (mutatis mutandis), overseen by the provincial forest administration (Art. 10 of Ministerial Order n°85/CAB). The regulations do not provide any specific details regarding which parts can be adjusted and how, or which remain unchanged.

Community forest concessions

Community concessions are managed and operated in line with a simplified management programme prepared by the local community with the support of the local forest administration, in compliance with an operational guide produced by the forest administration (Art. 22 of Order n°25/CAB). As well as dividing the concession into specific areas, the simplified management programme notably provides a schedule based on a simplified multi-resource inventory, a socio-economic survey report and a description of the applicable management measures in line with the practices and customs of the communities (Art. 23 of Order n°25/CAB). If one of the areas is allocated to logging operations, the simplified management programme stipulates the quantities or volumes that can be harvested annually over a maximum period of 5 years (Art. 24 of Order n°25/CAB). The simplified management programme is approved by the local forest department. It is subject to a mandatory five-year evaluation. 

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial order n°025/CAB/MIN/FCN-DD/CJ/00/RBM/2016 of 9 February 2016 laying down specific provisions for the management and operation of local community forest concessions;, 2016, Art. 22, 23.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 9 to 13.
  • Canevas et guide de réalisation de l'Etude Socio-économique (framework and operational guide for the socio-economic study);.
  • Canevas commenté du Plan d'Aménagement (forest management plan framework);.
  • Protocole de vérification et d'approbation du Plan de Gestion Provisoire (protocol for the verification and approval of the provisional management plan);.
  • Canevas commenté du Plan de Gestion Provisoire révisé (revised framework for the provisional management plan);.
  • Canevas commenté du Plan Quinquennal (five-year management plan framework);.
  • Protocole de suivi de la Mise en Œuvre des Plans de Gestion Provisoires et Quinquennaux (protocol for monitoring the implementation of the provisional and five-year management plans);.
  • Canevas commenté du Rapport Quinquennal de Gestion Forestière (framework for the forest management five-year report)..
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2021-08-25 Activities not stipulated in the forest management plan are authorized or not checked (mining, hunting, farming, etc.) Specified RISK
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Forest management plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
2
Verify Decision/order/ministerial decree authorising the extension of the deadline if the contract was signed more than four years ago
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
3
Verify Half-yearly progress reports on the preparation of the forest management plan
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management p
4
Verify Forest management inventory report and its certificate of conformity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
5
Verify Socio-economic assessment report
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
6
Verify Minutes from the consultation meetings with the local communities
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
7
Verify Forest management plan approval order
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
8
Verify Five-year management programme and its certificate of validity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
9
Verify Annual Operations Plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
10
Verify Approved simplified management programme
For community forests. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
11
Verify Mandated independent observer (OGF)
12
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
Description of legal requirements
Only activities authorized in the forest management plan shall be performed
VIEW MORE

The law stipulates that all forest management and logging activities must be conducted in accordance with a forest management plan drawn up in advance (Art. 71 of the Forest Code).

This forest management plan must be drawn up under the responsibility of the concessionaire and approved by the provincial governor (Art. 76 of the Forest Code).

The concessionaire is responsible for drawing up the forest management plan within the first four years of signing the concession contract. The concessionaire can get an additional 12 months (maximum) by reasoned request upon the decision of the Minister (Art. 5 of Order n°34/CAB/MIN/EDD). 

If at the end of this time frame the forest management plan has not been submitted to the forest administration, the harvest permits are suspended. In contrast, for old forest titles converted into concessions, the regulations stipulate the systematic termination of the concession contract if the forest management plan is not approved within 4 years (Art. 19 of Decree n°05/116).

A forest management plan can apply to one forest concession or several continuous forest concessions that fall under the responsibility of the same concessionaire (Art. 7 of Order n°34/CAB/MIN/EDD).

A series of operational guides provide detailed information and explanations relating to the techniques and templates for the different management documents. They include both illustrative and prescriptive information. They also provide details on the procedures for having these documents validated by the forest administration.

Drawing up the forest management plan

The forest management plan must be drawn up in line with the operational guides and prescriptive documents published by the forest administration.

Forest management plans are based on: 

•   A sampling plan, which must be approved in advance by the forest administration (certificate of conformity); 

•   A forest management inventory report, the activities of which must be verified by the forest administration (certificate of conformity);

•   A socio-economic assessment report, also validated by the forest administration (certificate of conformity).

The process is of a participatory nature and must include consultation meetings with the local communities (Art. 11 of Order n°34/CAB/MIN/EDD). Minutes of these meetings must be drawn up, outlining the observations of local communities in terms of the forest management plan and the zoning and allocation of land.

The concessionaire is responsible for updating the forest administration regarding the progress of the forest management plan twice a year (Art. 10 of Order n°34/CAB/MIN/EDD).

Following this process, a validation committee representing various administrative departments is created. This committee approves the forest management plans, issues the certificate of conformity and sends it all to the provincial governor. The provincial governor then issues an order for the approval of the forest management plan.

Management programmes and annual operations plans

The concession area is divided into five-year management blocks, which are then themselves divided into annual allowable cuts (AAC). The five-year management blocks are subject to management programmes, which schedule the activities for the five years, apart for the period directly preceding the adoption of the forest management plan. Indeed, for the first four years following the adoption of the concession contract, the management programme acts as the provisional forest management plan (Art. 20 of order n°34/CAB/MIN/EDD). Management programmes are recognised by a “validity certificate” issued by the forest administration.

Each annual allowable cut is also accompanied by an annual operations plan. This covers the period from January to December of the relevant year. It is drawn up based on the results of the annual allowable cut harvesting inventory, in accordance with the provisions of the forest management plan and the current five-year management programme. An industrial harvest permit is issued once the annual operations plan has been validated

Monitoring of forest management instructions

Whilst the forest management plan is being implemented, the concessionaire prepares an annual logging operations report, in line with the template produced by the forest administration (Art. 65 of Order n°34/CAB/MIN/EDD). The concessionaire also draws up a five-year management report every five years.

The forest administration must ensure that the forest management plan is checked, monitored and evaluated (Art. 76 of the Forest Code).

Artisanal forest units

The process for drawing up and implementing a forest management plan for an artisanal forest unit or unité forestière artisanale (UFA) is normally similar but adjusted slightly (mutatis mutandis), overseen by the provincial forest administration (Art. 10 of Ministerial Order n°85/CAB). The regulations do not provide any specific details regarding which parts can be adjusted and how, or which remain unchanged.

Community forest concessions

Community concessions are managed and operated in line with a simplified management programme prepared by the local community with the support of the local forest administration, in compliance with an operational guide produced by the forest administration (Art. 22 of Order n°25/CAB). As well as dividing the concession into specific areas, the simplified management programme notably provides a schedule based on a simplified multi-resource inventory, a socio-economic survey report and a description of the applicable management measures in line with the practices and customs of the communities (Art. 23 of Order n°25/CAB). If one of the areas is allocated to logging operations, the simplified management programme stipulates the quantities or volumes that can be harvested annually over a maximum period of 5 years (Art. 24 of Order n°25/CAB). The simplified management programme is approved by the local forest department. It is subject to a mandatory five-year evaluation. 

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial order n°025/CAB/MIN/FCN-DD/CJ/00/RBM/2016 of 9 February 2016 laying down specific provisions for the management and operation of local community forest concessions;, 2016, Art. 22, 23.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 9 to 13.
  • Canevas et guide de réalisation de l'Etude Socio-économique (framework and operational guide for the socio-economic study);.
  • Canevas commenté du Plan d'Aménagement (forest management plan framework);.
  • Protocole de vérification et d'approbation du Plan de Gestion Provisoire (protocol for the verification and approval of the provisional management plan);.
  • Canevas commenté du Plan de Gestion Provisoire révisé (revised framework for the provisional management plan);.
  • Canevas commenté du Plan Quinquennal (five-year management plan framework);.
  • Protocole de suivi de la Mise en Œuvre des Plans de Gestion Provisoires et Quinquennaux (protocol for monitoring the implementation of the provisional and five-year management plans);.
  • Canevas commenté du Rapport Quinquennal de Gestion Forestière (framework for the forest management five-year report)..
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2021-08-25 Risk of discrepancies between the concession limits indicated in the forest management plan and those indicated in the concession contract and the official database (Forest Atlas of the Democratic Republic of Congo) Specified RISK
There are discrepancies between the concession limits indicated in the forest management plan and those indicated in the concession contract and the official database (Forest Atlas of the Democratic Republic of Congo) (Based on expert consultation, 2019).... VIEW MOREThere are discrepancies between the concession limits indicated in the forest management plan and those indicated in the concession contract and the official database (Forest Atlas of the Democratic Republic of Congo) (Based on expert consultation, 2019).
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Forest management plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
2
Verify Decision/order/ministerial decree authorising the extension of the deadline if the contract was signed more than four years ago
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
3
Verify Half-yearly progress reports on the preparation of the forest management plan
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management p
4
Verify Forest management inventory report and its certificate of conformity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
5
Verify Socio-economic assessment report
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
6
Verify Minutes from the consultation meetings with the local communities
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
7
Verify Forest management plan approval order
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
8
Verify Five-year management programme and its certificate of validity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
9
Verify Annual Operations Plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
10
Verify Approved simplified management programme
For community forests. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
11
Verify Mandated independent observer (OGF)
12
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
Description of legal requirements
Concession limits in Forest Management Plan, concession contact, and Forest Atlas of the Democratic Republic of Congo (official database) shall match.
VIEW MORE

The law stipulates that all forest management and logging activities must be conducted in accordance with a forest management plan drawn up in advance (Art. 71 of the Forest Code).

This forest management plan must be drawn up under the responsibility of the concessionaire and approved by the provincial governor (Art. 76 of the Forest Code).

The concessionaire is responsible for drawing up the forest management plan within the first four years of signing the concession contract. The concessionaire can get an additional 12 months (maximum) by reasoned request upon the decision of the Minister (Art. 5 of Order n°34/CAB/MIN/EDD). 

If at the end of this time frame the forest management plan has not been submitted to the forest administration, the harvest permits are suspended. In contrast, for old forest titles converted into concessions, the regulations stipulate the systematic termination of the concession contract if the forest management plan is not approved within 4 years (Art. 19 of Decree n°05/116).

A forest management plan can apply to one forest concession or several continuous forest concessions that fall under the responsibility of the same concessionaire (Art. 7 of Order n°34/CAB/MIN/EDD).

A series of operational guides provide detailed information and explanations relating to the techniques and templates for the different management documents. They include both illustrative and prescriptive information. They also provide details on the procedures for having these documents validated by the forest administration.

Drawing up the forest management plan

The forest management plan must be drawn up in line with the operational guides and prescriptive documents published by the forest administration.

Forest management plans are based on: 

•   A sampling plan, which must be approved in advance by the forest administration (certificate of conformity); 

•   A forest management inventory report, the activities of which must be verified by the forest administration (certificate of conformity);

•   A socio-economic assessment report, also validated by the forest administration (certificate of conformity).

The process is of a participatory nature and must include consultation meetings with the local communities (Art. 11 of Order n°34/CAB/MIN/EDD). Minutes of these meetings must be drawn up, outlining the observations of local communities in terms of the forest management plan and the zoning and allocation of land.

The concessionaire is responsible for updating the forest administration regarding the progress of the forest management plan twice a year (Art. 10 of Order n°34/CAB/MIN/EDD).

Following this process, a validation committee representing various administrative departments is created. This committee approves the forest management plans, issues the certificate of conformity and sends it all to the provincial governor. The provincial governor then issues an order for the approval of the forest management plan.

Management programmes and annual operations plans

The concession area is divided into five-year management blocks, which are then themselves divided into annual allowable cuts (AAC). The five-year management blocks are subject to management programmes, which schedule the activities for the five years, apart for the period directly preceding the adoption of the forest management plan. Indeed, for the first four years following the adoption of the concession contract, the management programme acts as the provisional forest management plan (Art. 20 of order n°34/CAB/MIN/EDD). Management programmes are recognised by a “validity certificate” issued by the forest administration.

Each annual allowable cut is also accompanied by an annual operations plan. This covers the period from January to December of the relevant year. It is drawn up based on the results of the annual allowable cut harvesting inventory, in accordance with the provisions of the forest management plan and the current five-year management programme. An industrial harvest permit is issued once the annual operations plan has been validated

Monitoring of forest management instructions

Whilst the forest management plan is being implemented, the concessionaire prepares an annual logging operations report, in line with the template produced by the forest administration (Art. 65 of Order n°34/CAB/MIN/EDD). The concessionaire also draws up a five-year management report every five years.

The forest administration must ensure that the forest management plan is checked, monitored and evaluated (Art. 76 of the Forest Code).

Artisanal forest units

The process for drawing up and implementing a forest management plan for an artisanal forest unit or unité forestière artisanale (UFA) is normally similar but adjusted slightly (mutatis mutandis), overseen by the provincial forest administration (Art. 10 of Ministerial Order n°85/CAB). The regulations do not provide any specific details regarding which parts can be adjusted and how, or which remain unchanged.

Community forest concessions

Community concessions are managed and operated in line with a simplified management programme prepared by the local community with the support of the local forest administration, in compliance with an operational guide produced by the forest administration (Art. 22 of Order n°25/CAB). As well as dividing the concession into specific areas, the simplified management programme notably provides a schedule based on a simplified multi-resource inventory, a socio-economic survey report and a description of the applicable management measures in line with the practices and customs of the communities (Art. 23 of Order n°25/CAB). If one of the areas is allocated to logging operations, the simplified management programme stipulates the quantities or volumes that can be harvested annually over a maximum period of 5 years (Art. 24 of Order n°25/CAB). The simplified management programme is approved by the local forest department. It is subject to a mandatory five-year evaluation. 

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial order n°025/CAB/MIN/FCN-DD/CJ/00/RBM/2016 of 9 February 2016 laying down specific provisions for the management and operation of local community forest concessions;, 2016, Art. 22, 23.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 9 to 13.
  • Canevas et guide de réalisation de l'Etude Socio-économique (framework and operational guide for the socio-economic study);.
  • Canevas commenté du Plan d'Aménagement (forest management plan framework);.
  • Protocole de vérification et d'approbation du Plan de Gestion Provisoire (protocol for the verification and approval of the provisional management plan);.
  • Canevas commenté du Plan de Gestion Provisoire révisé (revised framework for the provisional management plan);.
  • Canevas commenté du Plan Quinquennal (five-year management plan framework);.
  • Protocole de suivi de la Mise en Œuvre des Plans de Gestion Provisoires et Quinquennaux (protocol for monitoring the implementation of the provisional and five-year management plans);.
  • Canevas commenté du Rapport Quinquennal de Gestion Forestière (framework for the forest management five-year report)..
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2021-08-25 There is an absence of any participative processes and consultation meetings with local communities when drawing up the forest management plan Specified RISK
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Forest management plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
2
Verify Decision/order/ministerial decree authorising the extension of the deadline if the contract was signed more than four years ago
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
3
Verify Half-yearly progress reports on the preparation of the forest management plan
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management p
4
Verify Forest management inventory report and its certificate of conformity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
5
Verify Socio-economic assessment report
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
6
Verify Minutes from the consultation meetings with the local communities
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
7
Verify Forest management plan approval order
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
8
Verify Five-year management programme and its certificate of validity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
9
Verify Annual Operations Plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
10
Verify Approved simplified management programme
For community forests. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
11
Verify Mandated independent observer (OGF)
12
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
Description of legal requirements
A participatory process or consultation meetings with the local communities shall be in place as part of the forest management plan development
VIEW MORE

The law stipulates that all forest management and logging activities must be conducted in accordance with a forest management plan drawn up in advance (Art. 71 of the Forest Code).

This forest management plan must be drawn up under the responsibility of the concessionaire and approved by the provincial governor (Art. 76 of the Forest Code).

The concessionaire is responsible for drawing up the forest management plan within the first four years of signing the concession contract. The concessionaire can get an additional 12 months (maximum) by reasoned request upon the decision of the Minister (Art. 5 of Order n°34/CAB/MIN/EDD). 

If at the end of this time frame the forest management plan has not been submitted to the forest administration, the harvest permits are suspended. In contrast, for old forest titles converted into concessions, the regulations stipulate the systematic termination of the concession contract if the forest management plan is not approved within 4 years (Art. 19 of Decree n°05/116).

A forest management plan can apply to one forest concession or several continuous forest concessions that fall under the responsibility of the same concessionaire (Art. 7 of Order n°34/CAB/MIN/EDD).

A series of operational guides provide detailed information and explanations relating to the techniques and templates for the different management documents. They include both illustrative and prescriptive information. They also provide details on the procedures for having these documents validated by the forest administration.

Drawing up the forest management plan

The forest management plan must be drawn up in line with the operational guides and prescriptive documents published by the forest administration.

Forest management plans are based on: 

•   A sampling plan, which must be approved in advance by the forest administration (certificate of conformity); 

•   A forest management inventory report, the activities of which must be verified by the forest administration (certificate of conformity);

•   A socio-economic assessment report, also validated by the forest administration (certificate of conformity).

The process is of a participatory nature and must include consultation meetings with the local communities (Art. 11 of Order n°34/CAB/MIN/EDD). Minutes of these meetings must be drawn up, outlining the observations of local communities in terms of the forest management plan and the zoning and allocation of land.

The concessionaire is responsible for updating the forest administration regarding the progress of the forest management plan twice a year (Art. 10 of Order n°34/CAB/MIN/EDD).

Following this process, a validation committee representing various administrative departments is created. This committee approves the forest management plans, issues the certificate of conformity and sends it all to the provincial governor. The provincial governor then issues an order for the approval of the forest management plan.

Management programmes and annual operations plans

The concession area is divided into five-year management blocks, which are then themselves divided into annual allowable cuts (AAC). The five-year management blocks are subject to management programmes, which schedule the activities for the five years, apart for the period directly preceding the adoption of the forest management plan. Indeed, for the first four years following the adoption of the concession contract, the management programme acts as the provisional forest management plan (Art. 20 of order n°34/CAB/MIN/EDD). Management programmes are recognised by a “validity certificate” issued by the forest administration.

Each annual allowable cut is also accompanied by an annual operations plan. This covers the period from January to December of the relevant year. It is drawn up based on the results of the annual allowable cut harvesting inventory, in accordance with the provisions of the forest management plan and the current five-year management programme. An industrial harvest permit is issued once the annual operations plan has been validated

Monitoring of forest management instructions

Whilst the forest management plan is being implemented, the concessionaire prepares an annual logging operations report, in line with the template produced by the forest administration (Art. 65 of Order n°34/CAB/MIN/EDD). The concessionaire also draws up a five-year management report every five years.

The forest administration must ensure that the forest management plan is checked, monitored and evaluated (Art. 76 of the Forest Code).

Artisanal forest units

The process for drawing up and implementing a forest management plan for an artisanal forest unit or unité forestière artisanale (UFA) is normally similar but adjusted slightly (mutatis mutandis), overseen by the provincial forest administration (Art. 10 of Ministerial Order n°85/CAB). The regulations do not provide any specific details regarding which parts can be adjusted and how, or which remain unchanged.

Community forest concessions

Community concessions are managed and operated in line with a simplified management programme prepared by the local community with the support of the local forest administration, in compliance with an operational guide produced by the forest administration (Art. 22 of Order n°25/CAB). As well as dividing the concession into specific areas, the simplified management programme notably provides a schedule based on a simplified multi-resource inventory, a socio-economic survey report and a description of the applicable management measures in line with the practices and customs of the communities (Art. 23 of Order n°25/CAB). If one of the areas is allocated to logging operations, the simplified management programme stipulates the quantities or volumes that can be harvested annually over a maximum period of 5 years (Art. 24 of Order n°25/CAB). The simplified management programme is approved by the local forest department. It is subject to a mandatory five-year evaluation. 

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial order n°025/CAB/MIN/FCN-DD/CJ/00/RBM/2016 of 9 February 2016 laying down specific provisions for the management and operation of local community forest concessions;, 2016, Art. 22, 23.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 9 to 13.
  • Canevas et guide de réalisation de l'Etude Socio-économique (framework and operational guide for the socio-economic study);.
  • Canevas commenté du Plan d'Aménagement (forest management plan framework);.
  • Protocole de vérification et d'approbation du Plan de Gestion Provisoire (protocol for the verification and approval of the provisional management plan);.
  • Canevas commenté du Plan de Gestion Provisoire révisé (revised framework for the provisional management plan);.
  • Canevas commenté du Plan Quinquennal (five-year management plan framework);.
  • Protocole de suivi de la Mise en Œuvre des Plans de Gestion Provisoires et Quinquennaux (protocol for monitoring the implementation of the provisional and five-year management plans);.
  • Canevas commenté du Rapport Quinquennal de Gestion Forestière (framework for the forest management five-year report)..
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
VIEW LESS
1.3 Management and harvesting planning
Last updated on 2021-08-25 The deadlines (4 years) stipulated for drawing up and validating the forest management plan are not respected Specified RISK
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Forest management plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
2
Verify Decision/order/ministerial decree authorising the extension of the deadline if the contract was signed more than four years ago
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
3
Verify Half-yearly progress reports on the preparation of the forest management plan
For concession contracts signed within the last five years. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management p
4
Verify Forest management inventory report and its certificate of conformity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
5
Verify Socio-economic assessment report
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
6
Verify Minutes from the consultation meetings with the local communities
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
7
Verify Forest management plan approval order
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
8
Verify Five-year management programme and its certificate of validity
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
9
Verify Annual Operations Plan
Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
10
Verify Approved simplified management programme
For community forests. Ensure coherence across all forest management instructions (for example, for industrial concessions, the order of the five-year blocks and annual allowable cuts defined in the forest management plan, the five-year management plan, and the annual operations plan).
11
Verify Mandated independent observer (OGF)
12
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
Description of legal requirements
Forest management plan shall be drawed up and validated withing 4 years
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The law stipulates that all forest management and logging activities must be conducted in accordance with a forest management plan drawn up in advance (Art. 71 of the Forest Code).

This forest management plan must be drawn up under the responsibility of the concessionaire and approved by the provincial governor (Art. 76 of the Forest Code).

The concessionaire is responsible for drawing up the forest management plan within the first four years of signing the concession contract. The concessionaire can get an additional 12 months (maximum) by reasoned request upon the decision of the Minister (Art. 5 of Order n°34/CAB/MIN/EDD). 

If at the end of this time frame the forest management plan has not been submitted to the forest administration, the harvest permits are suspended. In contrast, for old forest titles converted into concessions, the regulations stipulate the systematic termination of the concession contract if the forest management plan is not approved within 4 years (Art. 19 of Decree n°05/116).

A forest management plan can apply to one forest concession or several continuous forest concessions that fall under the responsibility of the same concessionaire (Art. 7 of Order n°34/CAB/MIN/EDD).

A series of operational guides provide detailed information and explanations relating to the techniques and templates for the different management documents. They include both illustrative and prescriptive information. They also provide details on the procedures for having these documents validated by the forest administration.

Drawing up the forest management plan

The forest management plan must be drawn up in line with the operational guides and prescriptive documents published by the forest administration.

Forest management plans are based on: 

•   A sampling plan, which must be approved in advance by the forest administration (certificate of conformity); 

•   A forest management inventory report, the activities of which must be verified by the forest administration (certificate of conformity);

•   A socio-economic assessment report, also validated by the forest administration (certificate of conformity).

The process is of a participatory nature and must include consultation meetings with the local communities (Art. 11 of Order n°34/CAB/MIN/EDD). Minutes of these meetings must be drawn up, outlining the observations of local communities in terms of the forest management plan and the zoning and allocation of land.

The concessionaire is responsible for updating the forest administration regarding the progress of the forest management plan twice a year (Art. 10 of Order n°34/CAB/MIN/EDD).

Following this process, a validation committee representing various administrative departments is created. This committee approves the forest management plans, issues the certificate of conformity and sends it all to the provincial governor. The provincial governor then issues an order for the approval of the forest management plan.

Management programmes and annual operations plans

The concession area is divided into five-year management blocks, which are then themselves divided into annual allowable cuts (AAC). The five-year management blocks are subject to management programmes, which schedule the activities for the five years, apart for the period directly preceding the adoption of the forest management plan. Indeed, for the first four years following the adoption of the concession contract, the management programme acts as the provisional forest management plan (Art. 20 of order n°34/CAB/MIN/EDD). Management programmes are recognised by a “validity certificate” issued by the forest administration.

Each annual allowable cut is also accompanied by an annual operations plan. This covers the period from January to December of the relevant year. It is drawn up based on the results of the annual allowable cut harvesting inventory, in accordance with the provisions of the forest management plan and the current five-year management programme. An industrial harvest permit is issued once the annual operations plan has been validated

Monitoring of forest management instructions

Whilst the forest management plan is being implemented, the concessionaire prepares an annual logging operations report, in line with the template produced by the forest administration (Art. 65 of Order n°34/CAB/MIN/EDD). The concessionaire also draws up a five-year management report every five years.

The forest administration must ensure that the forest management plan is checked, monitored and evaluated (Art. 76 of the Forest Code).

Artisanal forest units

The process for drawing up and implementing a forest management plan for an artisanal forest unit or unité forestière artisanale (UFA) is normally similar but adjusted slightly (mutatis mutandis), overseen by the provincial forest administration (Art. 10 of Ministerial Order n°85/CAB). The regulations do not provide any specific details regarding which parts can be adjusted and how, or which remain unchanged.

Community forest concessions

Community concessions are managed and operated in line with a simplified management programme prepared by the local community with the support of the local forest administration, in compliance with an operational guide produced by the forest administration (Art. 22 of Order n°25/CAB). As well as dividing the concession into specific areas, the simplified management programme notably provides a schedule based on a simplified multi-resource inventory, a socio-economic survey report and a description of the applicable management measures in line with the practices and customs of the communities (Art. 23 of Order n°25/CAB). If one of the areas is allocated to logging operations, the simplified management programme stipulates the quantities or volumes that can be harvested annually over a maximum period of 5 years (Art. 24 of Order n°25/CAB). The simplified management programme is approved by the local forest department. It is subject to a mandatory five-year evaluation. 

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial order n°025/CAB/MIN/FCN-DD/CJ/00/RBM/2016 of 9 February 2016 laying down specific provisions for the management and operation of local community forest concessions;, 2016, Art. 22, 23.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Art. 9 to 13.
  • Canevas et guide de réalisation de l'Etude Socio-économique (framework and operational guide for the socio-economic study);.
  • Canevas commenté du Plan d'Aménagement (forest management plan framework);.
  • Protocole de vérification et d'approbation du Plan de Gestion Provisoire (protocol for the verification and approval of the provisional management plan);.
  • Canevas commenté du Plan de Gestion Provisoire révisé (revised framework for the provisional management plan);.
  • Canevas commenté du Plan Quinquennal (five-year management plan framework);.
  • Protocole de suivi de la Mise en Œuvre des Plans de Gestion Provisoires et Quinquennaux (protocol for monitoring the implementation of the provisional and five-year management plans);.
  • Canevas commenté du Rapport Quinquennal de Gestion Forestière (framework for the forest management five-year report)..
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
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1.4 Harvesting permits
Last updated on 2021-08-25 Non-compliance with harvest permits rules in industrial concessions Specified RISK
Logging operations are carried out without a harvest permit, before a permit is issued or after a permit has been revoked (OI-FLEG/OGF, n°1-2013, n°2-2014, n°5-2015, n°6-2016, n°7-2017, n°9-2017, n°12-2019)Harvest permits for industrial concessions are allocated without an annual operations plan; (OI-FLEG/OGF, n°7-2017, n°11-2019)The annual allowable cut (industrial concession) is harvested beyond its statutory period (maximum three year... VIEW MORE

Logging operations are carried out without a harvest permit, before a permit is issued or after a permit has been revoked (OI-FLEG/OGF, n°1-2013, n°2-2014, n°5-2015, n°6-2016, n°7-2017, n°9-2017, n°12-2019)

Harvest permits for industrial concessions are allocated without an annual operations plan; (OI-FLEG/OGF, n°7-2017, n°11-2019)

The annual allowable cut (industrial concession) is harvested beyond its statutory period (maximum three years) (Based on expert consultation, 2019).

References
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The risk applies to the following source types
  • Industrial forest concessions
Risk mitigation options
Document verification
1
Verify Annual Operations Plan
2
Verify Industrial harvest permit

If applicable, an official document issued by the forest administration extending the validity period of the harvest permit (extension of two years maximum for a total period of three years).

3
If applicable, an official document issued by the forest administration extending the validity period of the harvest permit

Extension of two years maximum for a total period of three years.

Description of legal requirements
Harvesting permit rules shall be followed
VIEW MORE
Where the logging operations are carried out by private loggers, harvest permits are issued on top of the forest concession (Art. 97 and 98 of the Forest Code). 
Industrial forest concessions
For industrial forest concessions, this permit is issued in the form of an industrial harvest permit (Art. 20 of Order n°84/CAB/MIN/ECNDD). 
This permit covers an annual allowable cut. It is issued based on the annual operations plan, previously validated on the basis of the results of the harvesting inventory (Art. 22 of Order n°84/CAB/MIN/ECNDD; Art. 27 of Order n°34/CAB/MIN/EDD). It is signed by the Ministry of Forests.
It is valid for one year and may be extended by one or two additional years if harvesting operations are still on-going in compliance with the forestry regulations in force (in total, an annual allowable cut cannot be harvested for longer than three years before the next rotation) (Art. 23 of Order n°84/CAB/MIN/ECNDD). The permit stipulates the number of trees that can be harvested for each species and the expected volumes. 
 
Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Art. 4.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 20 to 23; 42.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 94, 96, 97 et seq; 111, 112, and 113.
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1.4 Harvesting permits
Last updated on 2021-08-25 Artisanal loggers are making fraudulent use of harvest permits Specified RISK
•   Artisanal permits are awarded to entities which are not designated by the regulation as allowed recipient of artisanal permits (for instance foreign national or enterprises up to 2016); (Global Witness, 2015, OI-FLEG/REM, 2013)•   Fraudulent use of artisanal permits (allocated to a different entity or for a different area); (Based on expert consultation, 2019)•   Artisanal operators are not registered with the designated local ... VIEW MORE

•   Artisanal permits are awarded to entities which are not designated by the regulation as allowed recipient of artisanal permits (for instance foreign national or enterprises up to 2016); (Global Witness, 2015, OI-FLEG/REM, 2013)

•   Fraudulent use of artisanal permits (allocated to a different entity or for a different area); (Based on expert consultation, 2019)

•   Artisanal operators are not registered with the designated local authorities (holding their accreditation as artisanal operators); (Global Witness, 2015, OI-FLEG/OGF, n°2-2014, n°3-2014, n°8-2017, n°9-2017, n°10-2017, n°13-2019)

•   Artisanal permits are not delivered by the designated competent authority (Provinces Governors); (Global Witness, 2015)

•   Single artisanal operators are granted more annual permits than the maximum legally allowed (2 permits). (Global Witness, 2015)

References
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The risk applies to the following source types
  • Artisanal forest units
Risk mitigation options
Document verification
1
Verify Artisanal logger’s accreditation
2
Verify Artisanal harvest permit
3
Verify Harvest permit awarded to the community or an artisanal logger
For local community concessions
4
Verify Written agreement (Convention d’exploitation) concluded between the community and an artisanal logger
For local community concessions, if applicable
Description of legal requirements
Harvesting permits shall only be used following legal requirements
VIEW MORE

Artisanal logging, local community concessions, private timber 

Artisanal loggers must obtain an accreditation issued by the provincial governor. Category 1 loggers (areas under 50 hectares) must sign a written agreement with a local community before obtaining a category 1 harvest permit. For category 2 loggers (areas between 100 and 500 hectares), once an annual allowable cut has been allocated within an artisanal forest unit, the logger must obtain a category 2 artisanal harvest permit, covering the area defined in the annual allowable cut allocation certificate (Art. 24 of Ministerial Order n°84/CAB). Artisanal harvest permits are valid for 1 year and are issued by the provincial governor. 

If the local communities are carrying out the logging operations themselves within their concession, they must also obtain a harvest permit. If they are not, they must sign a written agreement with an artisanal logger, who must in turn have their own harvest permit (see above). 

To harvest wood located within a private land concession, a harvest permit must also be obtained. It is valid for one year and cannot cover more than 1,000 hectares. It specifies the authorised harvestable volume and can be renewed once. In contrast, the harvesting of wood originating from reforestation operations within land concessions belonging to private individuals is subject to a simple declaration to the forest administration (Art. 26 to 29 of Ministerial Order n°84/CAB). Reforestation is defined in the Forest Code as the planting of forest tree species within a forest area (Art. 1 of the Forest Code).

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Art. 4.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 20 to 23; 42.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 94, 96, 97 et seq; 111, 112, and 113.
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1.5 Payment of royalties and harvesting fees
Last updated on 2021-08-25 Amounts due are calculated based on false figures (area or volume) Specified RISK
The OI-FLEG successfully demonstrated that significant potential tax revenue has been lost and concluded that at least $3,400,00 in assessed taxes was not levied in 2010, accounting for 28% of all amounts due. The estimated figure for 2011 was lower ($1,000,000 or 7% of the amounts due). These calculations are based on the amounts due for volumes legally harvested under industrial concessions. The OI-FLEG found that area tax is imposed only for ... VIEW MORE
  • The OI-FLEG successfully demonstrated that significant potential tax revenue has been lost and concluded that at least $3,400,00 in assessed taxes was not levied in 2010, accounting for 28% of all amounts due. The estimated figure for 2011 was lower ($1,000,000 or 7% of the amounts due). These calculations are based on the amounts due for volumes legally harvested under industrial concessions. 
  • The OI-FLEG found that area tax is imposed only for the productive area of each concession while the law provides for it to be imposed for the whole area. The 2008 Order appears to detail how the area tax should be applied (i.e. on the productive area only) – unless it is considered as contrary to the law and thus invalid (the Forest Code mentions the terms “tax on allocated area”, which could be interpreted as a tax applying to the entire concession area). 
  • As the the rate of revenue collection is very low in general, there is also a strong likelihood that the actual volumes harvested are higher than the volumes declared. 
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Proof of payment of area tax
2
Verify Proof of payment of felling tax
3
Verify Debt clearance issued by the competent authorities
Description of legal requirements
The tax rate shall be determined based on the value of each species and the areas from which they are taken.
VIEW MORE
Area tax
The Forest Code only stipulates one tax applicable to logging operators with an industrial forest concession: area tax (Art. 121 of the Forest Code). This tax is based on a floor annual rate fixed by the administration, plus the additional financial offer proposed by the concessionaire for concessions allocated through public tender procedures. “Given that no tender procedure has yet been established, this increase does not yet exist in practice” (OI-FLEG, 2013). Old forest titles converted into concessions are therefore subjected to the floor rate.
The area tax is charged only for the productive area of the forest concession (Art. 2 of order n°008/CAB). 
The area tax is paid annually.
Felling tax
The Forest Code also stipulates a felling tax. The felling tax rate is determined based on the value of each species and the areas from which they are taken. It is calculated based on the information provided by the logging operators themselves.
This tax also applies to logging operations taking place outside of a forest concession (which de facto means artisanal forest units and trees on private land concessions) (Art. 102 and 120 of the Forest Code).
The law also stipulates a reforestation tax, normally imposed on the logging operator and also calculated based on the volumes actually harvested.
The issuance of accreditations and permits is also subject to payment of specific fees.
 
Legally required documents
Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008, Art. 14.
  • Interministerial Order n°CAB/MIN/EDD/2020/005 and n°CAB/MIN/FINANCES/2020/066 of 24 July 2020 fixing the rates for duties, taxes and fees to be charged by the Ministry of Environment and Sustainable Development in the forestry sector, 2020, Art. 3, 5, 8, 11, 12, 13.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 9, 19, 40, 46.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 54, 68, 81, 93, 102, 120, 121.
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1.5 Payment of royalties and harvesting fees
Last updated on 2021-08-25 Amounts due for area tax and logging tax are not paid due to significant administrative failures Specified RISK
Several organisations have attempted to conduct extensive analyses between the taxes due and the amounts actually paid (Chatham House, 2014, OI-FLEG/REM, 2013). In general, it is still proving difficult to collect all the necessary data. However, the OI-FLEG successfully demonstrated that significant potential tax revenue has been lost and concluded that at least $3,400,00 in assessed taxes was not levied in 2010, accounting for 28% of all amoun... VIEW MORE
  • Several organisations have attempted to conduct extensive analyses between the taxes due and the amounts actually paid (Chatham House, 2014, OI-FLEG/REM, 2013). In general, it is still proving difficult to collect all the necessary data. 
  • However, the OI-FLEG successfully demonstrated that significant potential tax revenue has been lost and concluded that at least $3,400,00 in assessed taxes was not levied in 2010, accounting for 28% of all amounts due. The estimated figure for 2011 was lower ($1,000,000 or 7% of the amounts due). These calculations are based on the amounts due for volumes legally harvested under industrial concessions. 
  • There is therefore a risk that the amounts due are not claimed and that the amounts claimed are not recovered (Greenpeace Africa, 2013, Global Witness, 2015 and 2019, ATIBT, 2019).
  • There are common arrangements between the administration and the Ministry of Forests of agreeing on payment deadlines or waivers on the basis of vague legal foundations (Global Witness, 2015). 
  • The OI-FLEG also reported in 2013 that no permit tax or felling tax was paid on large volumes of recent artisanal semi-industrial harvest. 
  • Lawson (2014) reports that the absence of appropriate billing and collection of forest taxes by the government and non-payment by companies is a useful indicator of the level of forest governance in the DRC. 
  • Finally, the reforestation tax does not seem to have been applied uniformly, notably regarding the actual collection of the tax and the entities liable to pay it.
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Proof of payment of area tax
2
Verify Proof of payment of felling tax
3
Verify Debt clearance issued by the competent authorities
Description of legal requirements
Taxes shall be paid without administrative failures or delays.
VIEW MORE

Area tax

The Forest Code only stipulates one tax applicable to logging operators with an industrial forest concession: area tax (Art. 121 of the Forest Code). This tax is based on a floor annual rate fixed by the administration, plus the additional financial offer proposed by the concessionaire for concessions allocated through public tender procedures. “Given that no tender procedure has yet been established, this increase does not yet exist in practice” (OI-FLEG, 2013). Old forest titles converted into concessions are therefore subjected to the floor rate.

The area tax is charged only for the productive area of the forest concession (Art. 2 of order n°008/CAB). 

The area tax is paid annually.

Felling tax

The Forest Code also stipulates a felling tax. The felling tax rate is determined based on the value of each species and the areas from which they are taken. It is calculated based on the information provided by the logging operators themselves.

This tax also applies to logging operations taking place outside of a forest concession (which de facto means artisanal forest units and trees on private land concessions) (Art. 102 and 120 of the Forest Code).

The law also stipulates a reforestation tax, normally imposed on the logging operator and also calculated based on the volumes actually harvested.

The issuance of accreditations and permits is also subject to payment of specific fees.

Applicable legislation
  • Decree n°08/08 of 8 April 2008 establishing the procedures for classifying and declassifying forests, 2008, Art. 14.
  • Interministerial Order n°CAB/MIN/EDD/2020/005 and n°CAB/MIN/FINANCES/2020/066 of 24 July 2020 fixing the rates for duties, taxes and fees to be charged by the Ministry of Environment and Sustainable Development in the forestry sector, 2020, Art. 3, 5, 8, 11, 12, 13.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 9, 19, 40, 46.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 54, 68, 81, 93, 102, 120, 121.
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1.6 Value-added taxes and other sales taxes
Last updated on 2021-08-25 Risk of non-payment of value-added taxes Specified RISK
There is no information available on the issuance of permits for the purchase and sale of timber, or on the payment of the fees associated with issuing these permits. The precautionary principle has been applied as no evidence is available to state low risk for legal compliance related to value-added taxes and other slaes taxes. Thus, the risk is considered specified. ... VIEW MORE

There is no information available on the issuance of permits for the purchase and sale of timber, or on the payment of the fees associated with issuing these permits. The precautionary principle has been applied as no evidence is available to state low risk for legal compliance related to value-added taxes and other slaes taxes. Thus, the risk is considered specified.

References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
No mitigation options defined
1
No mitigation options defined

Currently we have not identified potential mitigation measures for the risk identified. Any input on possible mitigation measures will be appreciated.

Description of legal requirements

Any entity purchasing and selling wood in the DRC shall pays VAT. VAT is not applicable for export.

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Ministerial Order n°0011/CAB stipulates that timber cannot be subjected to any transaction without a permit to purchase, sell or export. These permits are issued by the Ministry of Forests, upon payment of the permit fees. The permit fees are 2,500 US dollars per permit for artisanal loggers, 3,000 US dollars per permit for concessionaires with an official forest title, and 10,000 US dollars per permit for other business people/non-official loggers. 
VAT was introduced in the Democratic Republic of the Congo in 2012. A 0% rate is applied to exports. Consequently, any entity purchasing and selling wood in the DRC normally pays VAT to the state and then adds these amounts onto the invoices it issues to its customers. At the end of the chain, the exporter recovers the VAT amount billed to it by its supplier. Pre-export processing chains are extremely short and it is not normal for forest products to be sold between legal entities in Congolese territory before export.
Forest products for export are therefore not a source of VAT payments in the DRC.
 
Legally required documents
  • Permit to purchase or sell timber
Applicable legislation
  • General Tax Code.
  • Law n°11/005 of 25/06/2011 on the ratification of Ordinance-Law 10/001 of 20/08/2010 on the introduction of VAT, 2010.
  • Interministerial Order n°CAB/MIN/EDD/2020/005 and n°CAB/MIN/FINANCES/2020/066 of 24 July 2020 fixing the rates for duties, taxes and fees to be charged by the Ministry of Environment and Sustainable Development in the forestry sector, 2020.
  • Ministerial Order n°0011/CAB/MIN/ECN-EF/2007 of 12/04/2007 on the regulations for the authorisation for industrial logging and authorisations for the purchase, sale and export of timber, 2007.
  • Instruction n°DGDA/DG/DGA.T/dg/2011/005 of 28 December 2011 on import and export VAT, 2011.
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1.7 Income and profit taxes
Last updated on 2021-08-25 Corporate income tax are not paid Specified RISK
No information is available on the payment of corporate income tax by logging companies in particular. In general, the Congolese tax system is not considered very effective. The World Bank report (2017) estimates the tax gap (the difference between the sums that should have been paid and the sums actually collected) at around CDF 200 billion.... VIEW MORENo information is available on the payment of corporate income tax by logging companies in particular. In general, the Congolese tax system is not considered very effective. The World Bank report (2017) estimates the tax gap (the difference between the sums that should have been paid and the sums actually collected) at around CDF 200 billion.
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Proof/receipt of corporate income tax (IBP)
Description of legal requirements
30% Corporate income tax shall be paid
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The tax system in the Democratic Republic of the Congo includes a corporate income tax (IBP – formerly called “professional contribution”), which has stood at 30% since 2018. 
Corporate income tax applies to the net profits generated by any industrial, commercial, artisanal, agricultural or property company whose professional activities are conducted in the DRC. Foreign companies conducting activities in the DRC must pay tax on any profits generated by their establishments permanently located in the DRC. The base for corporate income tax is determined in line with the net profits generated during the tax year, i.e. on income net of deductible expenses incurred to acquire or conserve this income (Makongo, 2013). 
Some exemptions may be agreed on, in particular by virtue of the Investment Code (art. 13 and 19) and of the specific regime for small businesses (art. 2 and 6 of the Law n°13/006). Hence, the corporate income tax for sales from small businesses is 1% of the turnover declared for the tax year.
 
Applicable legislation
  • Finance Law n°18/025 of 13 December 2018 on fiscal year 2019, 2018.
  • Ordinance-Law n°69-009 of 10 February 1969 on schedular taxes on income, as amended by successive Finance Laws, 1969.
  • Ordinance-Law n°13-006 of 23 February 2013 on the tax regime applicable to small enterprises as regards tax on profits, as amended by successive Finance Laws, 2013.
  • Law n°004/2003 of 13 March 2003 reforming tax procedures, as amended by successive Finance Laws, 2003.
  • Law n°004/2002 of 21 February 2002 on the Investment Code, 2002.
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1.8 Timber harvesting regulations
Last updated on 2021-08-25 Harvesting regulations are systematically violated Specified RISK
Between 2010 and 2021, the OI-FLEG (NGOs Ressource Extraction Monitoring until 2013 and OGF since then) visited many industrial and artisanal logging sites and reported systematic breaches of the regulations (OI-FLEG/REM, 2013, Global Witness, 2015, OI-FLEF/OGF, 2013 to 2021). The OI-FLEG reports have notably highlighted cases of:Logs and stumps not being properly marked; (OI-FLEG/REM, 2013, Greenpeace Africa, 2013, Global Witness, 2007 and 2015... VIEW MORE

Between 2010 and 2021, the OI-FLEG (NGOs Ressource Extraction Monitoring until 2013 and OGF since then) visited many industrial and artisanal logging sites and reported systematic breaches of the regulations (OI-FLEG/REM, 2013, Global Witness, 2015, OI-FLEF/OGF, 2013 to 2021). 

The OI-FLEG reports have notably highlighted cases of:

  • Logs and stumps not being properly marked; (OI-FLEG/REM, 2013, Greenpeace Africa, 2013, Global Witness, 2007 and 2015, OI-FLEG/OGF, n°1-2013, n°2-2014, n°3-2014, n°6-2016, n°11-2019)
  • Wood being harvested beyond the authorised volume; (OI-FLEG/REM, 2013, Global Witness, 2015, OI-FLEG/OGF, n°1-2013, n°2-2014, n°5-2015, n°6-2016)
  • Non-authorised species being harvested; (OI-FLEG/REM, 2013, Global Witness, 2015, OI-FLEG/OGF, n°1-2013, n°2-2014, n°5-2015, n°6-2016) 
  • The felling of trees below the minimum diameter; (Global Witness, 2015, OI-FLEG/OGF, n°3-2014, n°11-2019)
  • Logging activities carried out beyond the specified limits; (Global Witness, 2015, 2018 and 2019, OI-FLEG/OGF, n°11-2019, ATIBT, 2019)
  • Wood being illegally abandoned; (OI-FLEG/REM, 2013, Global Witness, 2015, OI-FLEG/OGF, n°2-2014, n°5-2015, ATIBT, 2019)
  • Damaged soil and subsoil. (Global Witness, 2015)

The harvesting of wood species beyond the authorised volume is very common. In one of the most well-known cases, the observer reported that a logging company had exceeded its authorised volumes under two concessions in a “broad and almost systematic” manner, with an excess of 12,000 m3 recorded in the first few months of 2011. One of the concessions involved had nevertheless been able to obtain a Controlled Wood certificate from the FSC, which was supposed to guarantee the legality of the wood (Greenpeace Africa, 2013).

An examination carried out by the OI-FLEG of a sample of data across 80 licensed logging operations revealed that the harvested volumes actually recorded exceeded the authorised volumes by 19%, accounting for an excess of non-authorised volumes of 39,000 m3. The majority of these excess volumes were three leading commercial species: Sapele, Sipo and Iroko.

References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify the Artisanal harvest permit

Relevant for artisanal forest units (UFA).

Check the authorised species in the permit

2
Verify the private wood harvest permit

For private natural forests.

Check the authorised species in the permit.

3
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)

Consult relevant stakeholders to obtain information on the implementation of logging standards in the forest concerned.


4
Verify documents relating to the harvesting inventory conducted before the harvest permit application
For industrial forest concessions
5
Verify Annual Operations Plan

For industrial forest concessions

6
Verify Harvest permit

For industrial forest concessions

7
Verify Site log book, including quarterly declarations of wood production

For industrial forest concessions

8
Verify Forest management plan

For artisanal forest units (UFA)

9
Verify Simplified management plan
For local community concessions
10
Visit Harvesting site

Check that

  • That all stumps, boles, and blocks are marked in compliance with the regulations in force;
  • That the logging operations are compliant with the stipulated species, diameters, quantities and perimeters;


11
Verify reports of field inspections conducted by the forest administration

If applicable

12
Verify reports from the independent observer

If applicable

Description of legal requirements

Harvesting regulatons shall be complied with

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The Forest Code stipulates that “forest products must be harvested in compliance with the clauses of the specifications (cahier des charges) attached to the contract or the provisions stipulated in the permit” (Art. 107). The law recognises two distinct forms of logging: industrial logging and artisanal logging.

A number of general standards are laid down by Order n°84/CAB, which reiterates that all timber harvesting operations “are subject to the observation of the principles of sustainable, environmentally sound, economically viable, technically efficient and socially just management.” The required actions notably involve:

  • Preparing a harvesting inventory (including in private natural forests); 
  • Preparing a detailed logging schedule (based on the forest management plan, the management plan and the annual operations plan);
  • Ensuring efficient operations with a low environmental impact; 
  • Conducting a post-logging evaluation and communicating it to the forest administration; 
  • Using qualified and competent staff.

The technical details of the logging standards to be implemented by all industrial concession-holders in the DRC are specified in the Standards for Reduced Impact Logging (RIL), which amalgamate legal obligations and recommendations for loggers. 

The obligations relating to logging operations are as follows: 

  • Before logging operations commence, the area concerned (annual allowable cut or artisanal harvest permit area) must be physically marked out. 
  • Felling outside of this area is prohibited, with the exception of trees located on service roads opening the path to the annual allowable cut for industrial logging. However, the timber cannot be evacuated before logging operations are officially permitted in the relevant logging area. 
  • Loggers must implement controlled felling.
  • The logging operations must respect the specified time frames.
  • Clearcutting is prohibited. 
  • The use of fire to clear cutover is prohibited.
  • Felling must respect the minimum harvestable diameters specified for each species, with the exception of trees felled for the necessary infrastructure (service network, base camp, logyards, bridges, etc.) and those damaged by natural means (windfall).
  • Abandoning wood with a market value is prohibited (whether the wood is raw or processed). 
  • Felling more trees than the number stipulated on the harvest permit is prohibited, unless prior authorisation has been obtained from the forest administration following a reasoned request.
  • Where possible, the logger must take all necessary precautions to prevent the cut trees from damaging those to remain standing. Crop trees must be avoided during skidding operations. 
  • Cut wood must be clearly marked. The same goes for stumps following the felling operations.
  • Industrial loggers must keep a site log book, in line with the template provided by the regulations. The log book must always be present on the logging site.
  • The log trucks must not be loaded beyond their loading capacity, and must not be used to transport external passengers, weapons, or bushmeat. They must respect the speed limits in force. 
  • Upon completion of the logging operations, loggers must not leave any logging debris in the riverbank protection areas or leave obstacles blocking the flow of water.
  • The wood must be removed from the logging area within 2 years (artisanal harvest permits) or 3 years (annual allowable cuts for industrial concessions). After this time, the wood is deemed abandoned and belongs to the state (certified abandonment report and issuance of an order declaring the abandonment of the wood). 
  • During the forest management plan preparation period, the concessionaire may only harvest wood within a single annual allowable cut whose surface area cannot exceed 1/25th of the total concession area, for one year only. The concessionaire may harvest all species authorised by the regulations. 

The specifications (cahier des charges) attached to the concession contract also includes a list of species that cannot be harvested.

Logging operations, including felling, may be outsourced by the forest concessionaire, subject to the forest administration being informed. For felling in particular, outsourcing must be approved by the administration.

For local community forest concessions, timber may only be produced using specific equipment: a chainsaw, a crosscut saw and a winch. The logging operations may be carried out by the local community or by artisanal loggers, in line with the simplified management plan (which must identify the position of the harvestable trees and the volumes thereof in advance). The felled trees must then be recorded on a logging sheet provided by the forest administration.

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial order n°025/CAB/MIN/FCN-DD/CJ/00/RBM/2016 of 9 February 2016 laying down specific provisions for the management and operation of local community forest concessions;, 2016.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016, Article 11.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008.
  • Operational guide establishing the Standards for Reduced Impact Logging;.
  • Operational guide establishing the Standards for Harvesting Inventories;.
  • Operational guide establishing the Framework for the Five-Year Management Plan published by the Ministry of Forests;.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
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1.9 Protected sites and species
Last updated on 2021-08-25 Protected species are harvested without a special harvest permit Specified RISK
Species protected on a national scale.There is a risk of illegal harvesting of protected species in the DRC. There are numerous reports documenting cases of illegal harvesting of Afrormosia and Mukula, often also referred to as “African padauk”. Mukula is growing in the South of the country and is therefore exported through neighbouring Zambia. CITES listing of Pterocarpus tinctorius is only dating back from 2019. EIA has reported about on-an... VIEW MORE

Species protected on a national scale.

There is a risk of illegal harvesting of protected species in the DRC. There are numerous reports documenting cases of illegal harvesting of Afrormosia and Mukula, often also referred to as “African padauk”.

Mukula is growing in the South of the country and is therefore exported through neighbouring Zambia. CITES listing of Pterocarpus tinctorius is only dating back from 2019. EIA has reported about on-and-off harvest bans in the Katanga region and harvesting taking place outside of designated concession. A process was designed in 2019 to sell existing stockpiles of logged Mukula through Zambia, with an existing risk of not being effectively monitored and being used to export freshly logged timber (EIA, 2019).

Afrormosia; the issues uncovered concern, on the one hand, the issuance of irregular harvest permits (Global Witness, 2015, Greenpeace, 2015) and the use of fraudulent harvest permits (Global Witness, 2015). Global Witness has also documented concession-holders buying Afrormosia from irregular artisanal loggers (Global Witness, 2015). Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be adhered to when issuing Afrormosia harvest permits and CITES permits (Congolese Institute for Nature Conservation, 2014). However, this study conducted for the DRC CITES body in 2014 also revealed a lack of coordination between the administrations in charge of monitoring logging operations in the DRC, which prompted the CITES management body to carry out a legality check for all P. elata export permits, which falls outside of its physical and technical capacities. The administrative issues revealed notably concern the verification of administrative permit procedures, volume checks, the order of the stages in the export control process and limiting the validity of the permits to 6 months, leading in some cases to the cancellation and replacement of expired permits “with all the risks of inconsistencies and potential fraud that that involves.”

A new report published in 2018 specified the different stages and players involved in the process facilitating the allocation of harvestable and export quotas. There is no information in the public domain on the efficiency of these new procedures and their effective application. No information is available stating that those issues are no longer present.

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Harvest permit
2
Verify CITES permit
3
Verify Forest management plan
For industrial forest concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
4
Verify Simplified management plan
For local community concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
5
Verify Private wood harvest permit
For private natural forests
Description of legal requirements
Protected species are harvested without a special harvest permit 
VIEW MORE

Species protected on a national scale

The Forest Code broadly prohibits the felling of protected species, a list of which has been established in the applicable regulations (Art. 49 and 50). 

Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 specifies the applicable logging conditions and the list of protected species. Three lists are attached to the order, duplicating the annexes adopted by the Convention on International Trade of Endangered Species (CITES). A fourth annex is expected to be drawn up regarding forest species present in the Congolese forest domain but not covered by the CITES.

The main species concerned by this regulation and in high demand on the international wood market are those commonly known as rosewood (Afrormosia - Pericopsis elata and Mukula – Pterocarpus tinctorius). The harvesting of these species is permitted under industrial concessions on the basis of the harvesting inventory of the annual allowable cut, specified in the annual operations plan and the industrial harvest permit (quota established in terms of number of trees that can be harvested). Industrial forest concessions for which the forest management plan is in the process of being prepared may obtain harvestable quotas based on management inventories, which must be duly validated by the forest administration and determine an annual allowable harvest.

Sites and species protected by the forest management plan

The forest concession management plan (or the simplified management plan) determines the management rules to be implemented in terms of times and spaces, and therefore determines the areas that are protected within the forest concession, and the species that must not be harvested due to their special status. The management plan also specifies certain sites and habitats that are protected (corridors, steep inclines, water sources, etc.) protection series and conservation series.

The Forest Code also prohibits the felling of trees located 50m either side of running water and within a 100m radius of any water sources (Art. 48).

Legally required documents
Applicable legislation
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 of 5 November 2002 defining the protected forest species;, 2002.
  • Order n°056 CAB/MIN/AFF-ECNPF/01/00 of 28 March 2000 on the regulation of international trade in endangered wildlife and flora species (CITES);, 2000.
  • Ministerial Order n°034/CAB/MIN/ECN-T/15/JEB/08 of 22 August 2008 on the regulations for harvesting certain forest products;, 2008.
  • Principles of Reduced Impact Logging (RIL);.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
VIEW LESS
1.9 Protected sites and species
Last updated on 2021-08-25 Afrormosia (Pericopsis elata) - illegal logging of protected species Specified RISK
Species protected on a national scaleThere are numerous reports documenting cases of illegal harvesting of rosewood (Afrormosia and Mukula, often also referred to as “African padauk”). AfrormosiaThe issues uncovered concern, on the one hand, the issuance of irregular harvest permits (Global Witness, 2015, Greenpeace, 2015) and the use of fraudulent harvest permits (Global Witness, 2015). Global Witness has also documented concession-holders b... VIEW MORE

Species protected on a national scale

There are numerous reports documenting cases of illegal harvesting of rosewood (Afrormosia and Mukula, often also referred to as “African padauk”).

Afrormosia

The issues uncovered concern, on the one hand, the issuance of irregular harvest permits (Global Witness, 2015, Greenpeace, 2015) and the use of fraudulent harvest permits (Global Witness, 2015). Global Witness has also documented concession-holders buying Afrormosia from irregular artisanal loggers (Global Witness, 2015).

Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be adhered to when issuing Afrormosia harvest permits and CITES permits (Congolese Institute for Nature Conservation, 2014).

However, this study conducted for the DRC CITES body in 2014 also revealed a lack of coordination between the administrations in charge of monitoring logging operations in the DRC, which prompted the CITES management body to carry out a legality check for all P. elata export permits, which falls outside of its physical and technical capacities. The administrative issues revealed notably concern the verification of administrative permit procedures, volume checks, the order of the stages in the export control process and limiting the validity of the permits to 6 months, leading in some cases to the cancellation and replacement of expired permits “with all the risks of inconsistencies and potential fraud that that involves.” A new report published in 2018 specified the different stages and players involved in the process facilitating the allocation of harvestable and export quotas. There is no information in the public domain on the efficiency of these new procedures and their effective application. No information is available stating that those issues are no longer present.

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Harvest permit
Check species and quantities to be harvested
2
Verify CITES permit
If applicable
3
Verify Forest management plan
For industrial forest concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
4
Verify Simplified management plan
For local community concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
5
Verify Private wood harvest permit
For private natural forests
Description of legal requirements
Protected species are harvested without a special harvest permit 
VIEW MORE

Species protected on a national scale

The Forest Code broadly prohibits the felling of protected species, a list of which has been established in the applicable regulations (Art. 49 and 50). 

Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 specifies the applicable logging conditions and the list of protected species. Three lists are attached to the order, duplicating the annexes adopted by the Convention on International Trade of Endangered Species (CITES). A fourth annex is expected to be drawn up regarding forest species present in the Congolese forest domain but not covered by the CITES.

The main species concerned by this regulation and in high demand on the international wood market are those commonly known as rosewood (Afrormosia - Pericopsis elata and Mukula – Pterocarpus tinctorius). The harvesting of these species is permitted under industrial concessions on the basis of the harvesting inventory of the annual allowable cut, specified in the annual operations plan and the industrial harvest permit (quota established in terms of number of trees that can be harvested). Industrial forest concessions for which the forest management plan is in the process of being prepared may obtain harvestable quotas based on management inventories, which must be duly validated by the forest administration and determine an annual allowable harvest.

Sites and species protected by the forest management plan

The forest concession management plan (or the simplified management plan) determines the management rules to be implemented in terms of times and spaces, and therefore determines the areas that are protected within the forest concession, and the species that must not be harvested due to their special status. The management plan also specifies certain sites and habitats that are protected (corridors, steep inclines, water sources, etc.) protection series and conservation series.

The Forest Code also prohibits the felling of trees located 50m either side of running water and within a 100m radius of any water sources (Art. 48).

Legally required documents
Applicable legislation
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 of 5 November 2002 defining the protected forest species;, 2002.
  • Order n°056 CAB/MIN/AFF-ECNPF/01/00 of 28 March 2000 on the regulation of international trade in endangered wildlife and flora species (CITES);, 2000.
  • Ministerial Order n°034/CAB/MIN/ECN-T/15/JEB/08 of 22 August 2008 on the regulations for harvesting certain forest products;, 2008.
  • Principles of Reduced Impact Logging (RIL);.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
VIEW LESS
1.9 Protected sites and species
Last updated on 2021-08-25 Mukula (Pterocarpus tinctorius) - illegal logging of protected species Specified RISK
Species protected on a national scaleThere is a risk of illegal harvesting of protected species in the DRC. There are numerous reports documenting cases of illegal harvesting of Afrormosia and Mukula, often also referred to as “African padauk”. MukulaMukula is growing in the South of the country and is therefore exported through neighbouring Zambia. CITES listing of Pterocarpus tinctorius is only dating back from 2019. EIA has reported about ... VIEW MORE

Species protected on a national scale

There is a risk of illegal harvesting of protected species in the DRC.

There are numerous reports documenting cases of illegal harvesting of Afrormosia and Mukula, often also referred to as “African padauk”.

Mukula

Mukula is growing in the South of the country and is therefore exported through neighbouring Zambia. CITES listing of Pterocarpus tinctorius is only dating back from 2019. EIA has reported about on-and-off harvest bans in the Katanga region and harvesting taking place outside of designated concession. A process was designed in 2019 to sell existing stockpiles of logged Mukula through Zambia, with an existing risk of not being effectively monitored and being used to export freshly logged timber (EIA, 2019).

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Harvest permit
Check species and quantities to be harvested
2
Verify CITES permit
If applicable
3
Verify Forest management plan
For industrial forest concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
4
Verify Simplified management plan
For local community concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
5
Verify Private wood harvest permit
For private natural forests
Description of legal requirements
Protected species are harvested without a special harvest permit 
VIEW MORE

Species protected on a national scale

The Forest Code broadly prohibits the felling of protected species, a list of which has been established in the applicable regulations (Art. 49 and 50). 

Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 specifies the applicable logging conditions and the list of protected species. Three lists are attached to the order, duplicating the annexes adopted by the Convention on International Trade of Endangered Species (CITES). A fourth annex is expected to be drawn up regarding forest species present in the Congolese forest domain but not covered by the CITES.

The main species concerned by this regulation and in high demand on the international wood market are those commonly known as rosewood (Afrormosia - Pericopsis elata and Mukula – Pterocarpus tinctorius). The harvesting of these species is permitted under industrial concessions on the basis of the harvesting inventory of the annual allowable cut, specified in the annual operations plan and the industrial harvest permit (quota established in terms of number of trees that can be harvested). Industrial forest concessions for which the forest management plan is in the process of being prepared may obtain harvestable quotas based on management inventories, which must be duly validated by the forest administration and determine an annual allowable harvest.

Sites and species protected by the forest management plan

The forest concession management plan (or the simplified management plan) determines the management rules to be implemented in terms of times and spaces, and therefore determines the areas that are protected within the forest concession, and the species that must not be harvested due to their special status. The management plan also specifies certain sites and habitats that are protected (corridors, steep inclines, water sources, etc.) protection series and conservation series.

The Forest Code also prohibits the felling of trees located 50m either side of running water and within a 100m radius of any water sources (Art. 48).

Legally required documents
Applicable legislation
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;.
  • Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 of 5 November 2002 defining the protected forest species;, 2002.
  • Order n°056 CAB/MIN/AFF-ECNPF/01/00 of 28 March 2000 on the regulation of international trade in endangered wildlife and flora species (CITES);, 2000.
  • Ministerial Order n°034/CAB/MIN/ECN-T/15/JEB/08 of 22 August 2008 on the regulations for harvesting certain forest products;, 2008.
  • Principles of Reduced Impact Logging (RIL);.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002.
VIEW LESS
1.9 Protected sites and species
Last updated on 2021-08-25 Logging activities are carried out in protected areas Specified RISK
Species and sites protected at concession level Between 2011 and 2016, the OI-FLEG notably revealed several cases of non-authorised species being harvested, as well as felling in an area exposed to high risks of erosion (OI-FLEG/REM, 2013, Global Witness, 2015, OI-FLEG/OGF, n°1-2013, n°2-2014, n°5-2015, n°6-2016).... VIEW MORESpecies and sites protected at concession level Between 2011 and 2016, the OI-FLEG notably revealed several cases of non-authorised species being harvested, as well as felling in an area exposed to high risks of erosion (OI-FLEG/REM, 2013, Global Witness, 2015, OI-FLEG/OGF, n°1-2013, n°2-2014, n°5-2015, n°6-2016).
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Harvest permit
Check species and quantities to be harvested
2
Verify CITES permit
If applicable
3
Verify Forest management plan
For industrial forest concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
4
Verify Simplified management plan
For local community concessions. Check that the species identified in the harvest permit are coherent with the species provided for in the management plan.
5
Verify Private wood harvest permit
For private natural forests
Description of legal requirements
Logging is forbidden in the protected areas
VIEW MORE
Sites and species protected by the forest management plan
The forest concession management plan (or the simplified management plan) determines the management rules to be implemented in terms of times and spaces, and therefore determines the areas that are protected within the forest concession, and the species that must not be harvested due to their special status. The management plan also specifies certain sites and habitats that are protected (corridors, steep inclines, water sources, etc.) protection series and conservation series.
The Forest Code also prohibits the felling of trees located 50m either side of running water and within a 100m radius of any water sources (Art. 48).
Legally required documents
VIEW LESS
1.10 Environmental requirements
Last updated on 2021-08-25 No environmental and social impact assessment (ESIA) is conducted, no operational plan is drawn up Specified RISK
Many companies harvest forest resources despite not having produced an Environmental and Social Impact Assessment (ESIA) report approved by the competent authority. (Based on expert consultation, 2019... VIEW MORE

Many companies harvest forest resources despite not having produced an Environmental and Social Impact Assessment (ESIA) report approved by the competent authority. (Based on expert consultation, 2019

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Environmental and social impact assessment report
2
Verify Environmental certificate issued by the Congolese environment agency
3
Verify Report on the implementation of an environmental and social management plan
Description of legal requirements
The environmental and social impact assessment shall be conducted
VIEW MORE

On the one hand, the Forest Code makes no explicit reference to environmental and social impact assessments. Forest concession management must ensure that the forest maintains its ecological functions (biological diversity, climate regulation, protection of the soil, regulation of water regimes, maintenance of water quality). The forest management plan must notably determine the potential impact of the infrastructure (roads, camps, etc.) and outline the mitigation measures. Measures to mitigate negative impacts must also be provided for when the concession directly borders a protected area. The Forest Code also provides for forest cover protection measures, notably against illicit harvesting, over-harvesting, overgrazing, fires and slash-and-burn agriculture. The deforestation of areas exposed to the risk of erosion or flooding is prohibited.

The forest concession contract indicates the logger’s obligation to combat bush fires, poaching and illegal timber harvesting (notably by checking traffic routes within the concession, implementing environmental safeguarding measures and minimising or offsetting any negative impacts the infrastructure construction works have on the environment).

For local community forest concessions, the simplified management plan indicates the specific rules stipulated for the conservation of the natural surroundings and the protection of the environment. The community must ensure that the forest reserves are replenished by promoting regeneration through the conservation of seed-bearing trees and banning deforestation and clearcutting in logging areas. The community may also carry out reforestation works and promote agroforestry. The simplified management plan must contain specific instructions on the actions to be taken to replenish the forest reserves.

On the other hand, the law on environmental protection stipulates that “any logging project that may have an impact on the environment is subjected to a prior environmental and social impact assessment (ESIA), accompanied by a relevant management plan”. This environmental and social management plan must notably specify “the impacts, the mitigation or improvement measures, the supervisory and follow-up responsibilities and their estimated cost during and after the project, the monitoring indicators, the schedule, the capacity building modalities, and the results of the public consultation procedure” (Art. 19 of Decree n°14/019). The impact assessment must be carried out by a specialist consultant. If the ESIA result is acceptable, the Congolese Environment Agency issues an environmental certificate.

After drawing up a forest management plan, forest concessionaires must produce an Environmental and Social Impact Assessment (ESIA) report that outlines all the impacts - positive or negative - of the logging operations on the natural or human environment, and describes the mitigation or compensation measures to be put in place (COMIFAC/KFW, 2015).

Finally, the discharge of any waste or substances that may alter or damage the surface water or groundwater is, as a matter of principle, prohibited and subject to restriction, declaration or authorisation. Measures are also provided for regarding the supervision of activities that could damage the soil, and the use of chemical products, pesticides and pollutants. The operational guide regarding the principles of reduced impact logging reiterates the fact that waste from logging activities must be collected, stored, destroyed or evacuated. Engines and equipment must be serviced in such a way that minimises pollution. The operator must notably collect all waste oil or diesel not fit for consumption. The operator must limit the use of toxic substances or products, take necessary precautions to prevent fuel leakages, and respect the safety distances for areas where hydrocarbons are stored and used.

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014, Art. 4 and 9.
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008.
  • Operational guide establishing the Standards for Reduced Impact Logging;.
  • Law n°011/009 of 9 July 2011 on the fundamental principles relating to the protection of the environment;, 2011, Art. 21, 22, 23, 49, 50, 53, 54.
  • Ministerial Order n°29/CAB/MIN/ECNDD/23/ RBM/2016 of 22 March 2016 establishing the fees relating to the evaluation of environmental and social impact assessments;, 2016.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 45, 46, 48, 50.
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1.10 Environmental requirements
Last updated on 2021-08-25 Provisions for mitigating the environmental and social impacts are not implemented Specified RISK
Companies that have prepared an environmental and social management plan do not always comply with the provisions determined therein. (Based on expert consultation, 2019)... VIEW MORECompanies that have prepared an environmental and social management plan do not always comply with the provisions determined therein. (Based on expert consultation, 2019)
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Environmental and social impact assessment report
2
Verify Environmental certificate issued by the Congolese environment agency
3
Verify Report on the implementation of an environmental and social management plan
Description of legal requirements
Environmental and social impact assessment provisions shall be implemented
VIEW MORE

On the one hand, the Forest Code makes no explicit reference to environmental and social impact assessments. Forest concession management must ensure that the forest maintains its ecological functions (biological diversity, climate regulation, protection of the soil, regulation of water regimes, maintenance of water quality). The forest management plan must notably determine the potential impact of the infrastructure (roads, camps, etc.) and outline the mitigation measures. Measures to mitigate negative impacts must also be provided for when the concession directly borders a protected area. The Forest Code also provides for forest cover protection measures, notably against illicit harvesting, over-harvesting, overgrazing, fires and slash-and-burn agriculture. The deforestation of areas exposed to the risk of erosion or flooding is prohibited.

The forest concession contract indicates the logger’s obligation to combat bush fires, poaching and illegal timber harvesting (notably by checking traffic routes within the concession, implementing environmental safeguarding measures and minimising or offsetting any negative impacts the infrastructure construction works have on the environment).

For local community forest concessions, the simplified management plan indicates the specific rules stipulated for the conservation of the natural surroundings and the protection of the environment. The community must ensure that the forest reserves are replenished by promoting regeneration through the conservation of seed-bearing trees and banning deforestation and clearcutting in logging areas. The community may also carry out reforestation works and promote agroforestry. The simplified management plan must contain specific instructions on the actions to be taken to replenish the forest reserves.

On the other hand, the law on environmental protection stipulates that “any logging project that may have an impact on the environment is subjected to a prior environmental and social impact assessment (ESIA), accompanied by a relevant management plan”. This environmental and social management plan must notably specify “the impacts, the mitigation or improvement measures, the supervisory and follow-up responsibilities and their estimated cost during and after the project, the monitoring indicators, the schedule, the capacity building modalities, and the results of the public consultation procedure” (Art. 19 of Decree n°14/019). The impact assessment must be carried out by a specialist consultant. If the ESIA result is acceptable, the Congolese Environment Agency issues an environmental certificate.

After drawing up a forest management plan, forest concessionaires must produce an Environmental and Social Impact Assessment (ESIA) report that outlines all the impacts - positive or negative - of the logging operations on the natural or human environment, and describes the mitigation or compensation measures to be put in place (COMIFAC/KFW, 2015).

Finally, the discharge of any waste or substances that may alter or damage the surface water or groundwater is, as a matter of principle, prohibited and subject to restriction, declaration or authorisation. Measures are also provided for regarding the supervision of activities that could damage the soil, and the use of chemical products, pesticides and pollutants. The operational guide regarding the principles of reduced impact logging reiterates the fact that waste from logging activities must be collected, stored, destroyed or evacuated. Engines and equipment must be serviced in such a way that minimises pollution. The operator must notably collect all waste oil or diesel not fit for consumption. The operator must limit the use of toxic substances or products, take necessary precautions to prevent fuel leakages, and respect the safety distances for areas where hydrocarbons are stored and used.

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014, Art. 4 and 9.
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008.
  • Operational guide establishing the Standards for Reduced Impact Logging;.
  • Law n°011/009 of 9 July 2011 on the fundamental principles relating to the protection of the environment;, 2011, Art. 21, 22, 23, 49, 50, 53, 54.
  • Ministerial Order n°29/CAB/MIN/ECNDD/23/ RBM/2016 of 22 March 2016 establishing the fees relating to the evaluation of environmental and social impact assessments;, 2016.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 45, 46, 48, 50.
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1.11 Health and safety
Last updated on 2021-08-25 Obligations relating to the health of the workers are not respected Specified RISK
Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices. The potential risks are:Absence of any appropriate medical services (infirmary, first aid kit, partnership contract with a health centre, occupational doctor); (OI-FLEG/OGF, n°6-2016)No medical examinations are carried out annually or wh... VIEW MORE

Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices. The potential risks are:

  • Absence of any appropriate medical services (infirmary, first aid kit, partnership contract with a health centre, occupational doctor); (OI-FLEG/OGF, n°6-2016)
  • No medical examinations are carried out annually or when workers are first hired (Based on expert consultation, 2019)
  • Absence of a health and safety committee (for companies with more than 20 employees);
  • Workers are not provided with the appropriate care in the event of an accident or illness (Based on expert consultation, 2019);
  • Workers are not declared to the the National Social Security Institute (INSS) (Based on expert consultation, 2019).
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Documents relating to the existence of a dedicated health service

Examples of documents are: Partnership contract with a health center, declaration of an infirmary to the administration, nurse employment contracts, contract with a doctor specializing in occupational health, etc

2
Verify Documents relating to the existence of a health and safety committee
Applies for companies with more than 20 employees
3
Verify Sample of initial enrollment and annual medical examination reports
4
Verify Documents relating to the provision of personal protective equipment to workers
5
Verify Proof that employees have been declared to the National Social Security Institute (INSS)
Description of legal requirements
Health and safety regulations shall be followed
VIEW MORE
The employer must ensure that all work is carried out in appropriate conditions, both from a safety point of view and in terms of the health and dignity of the workers. Health and safety at work is notably ensured with a view to preventing accidents at work and to creating salubrious working conditions, etc. Every company is responsible for ensuring the provision of an occupational doctor’s services in order to ensure that the workers receive appropriate medical supervision and that victims of accidents or illness receive immediate care and assistance. The scale of the healthcare service is determined based on the size of the company. Its main role is to oversee all industrial hygiene conditions, the risks of contagion and the health of all individuals (and their partners and children) working for the employer. The criteria for employees and their families to be able to benefit from medical and medicinal coverage are established by order of the Minister of Labour. All workers and accidents at work must be declared to the National Social Security Institute.
Companies with more than 20 employees must have a dedicated Health and Safety Committee. The main purpose of this committee is to draw up and execute a policy for the prevention of accidents at work, and monitor the smooth running of the services responsible for ensuring health and safety at work. The manager of the company is responsible for submitting an annual action plan for the promotion of health and safety at work to the committee for its approval. The committee’s work is documented in a report submitted to the labour inspectorate. An annual report is also prepared and disclosed to the Ministry of Employment. 
The concession contract also stipulates the obligation for the logging company to provide its employees with health and safety equipment suitable for their roles, as well as appropriate first aid and medical care equipment. The Principles of Reduced Impact Logging (RIL) also outline the personal protective equipment required for logging operations.
Finally, all campsites located within the forest concession must be clean, ventilated and located near a permanent source or body of water, and, if possible, on the top of a hill. The concessionaire must also provide the camp with regularly tested drinking water. The workers’ accommodation must be equipped with clean running drinking water, lighting points, electrical outlets if possible, a rubbish chute, and sanitary facilities (showers and toilets connected to a septic tank). If the camp is not located near a village, the logging operator is also responsible for setting up an infirmary, a primary school, a shop, social and cultural facilities and a waste timber collection system for energy production.
Legally required documents
Applicable legislation
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Art 1, annex 2 Art. 9.
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008, Art. 7 to 15.
  • Principles of Reduced Impact Logging (RIL);, section 2.2.
  • Law n°16/010 of 15 July 2016 amending and supplementing Law n°015-2002 of 16 October 2002 on the Labour Code;, 2002, Art. 187, 196 and 197.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 65.
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1.11 Health and safety
Last updated on 2021-08-25 Obligations relating to the safety of the workers are not respected Specified RISK
Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices. The potential safety risks are:Absence of appropriate personal protective equipment. (OI-FLEG/OGF, n°1-2013, n°7-2017, n°11-2019, n°12-2019)Base camps are not complying with minimum legal requirements; (OI-FLEG/OGF, n°1-2013, n°-201... VIEW MORE

Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices. The potential safety risks are:

  • Absence of appropriate personal protective equipment. (OI-FLEG/OGF, n°1-2013, n°7-2017, n°11-2019, n°12-2019)
  • Base camps are not complying with minimum legal requirements; (OI-FLEG/OGF, n°1-2013, n°-2015, n°6-2016, n°7-2017, n°11-2019, n°12-2019)
  • Absence of drinking water at sites and work premises; (OI-FLEG/OGF, n°5-2015, n°6-2016, n°7-2017)
  • Accidents at work are not declared to the National Social Security Institute (INSS) (Based on expert consultation, 2019)
  • Absence of a health and safety committee (for companies with more than 20 employees);
  • Workers are not provided with the appropriate care in the event of an accident or illness (Based on expert consultation, 2019);
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Sample of initial enrolment and annual medical examination reports
2
Verify Documents relating to the provision of personal protective equipment to workers
3
Verify Proof that employees have been declared to the National Social Security Institute (INSS)
Description of legal requirements
Health and safety regulations shall be followed
VIEW MORE
The employer must ensure that all work is carried out in appropriate conditions, both from a safety point of view and in terms of the health and dignity of the workers. Health and safety at work is notably ensured with a view to preventing accidents at work and to creating salubrious working conditions, etc. Every company is responsible for ensuring the provision of an occupational doctor’s services in order to ensure that the workers receive appropriate medical supervision and that victims of accidents or illness receive immediate care and assistance. The scale of the healthcare service is determined based on the size of the company. Its main role is to oversee all industrial hygiene conditions, the risks of contagion and the health of all individuals (and their partners and children) working for the employer. The criteria for employees and their families to be able to benefit from medical and medicinal coverage are established by order of the Minister of Labour. All workers and accidents at work must be declared to the National Social Security Institute.
Companies with more than 20 employees must have a dedicated Health and Safety Committee. The main purpose of this committee is to draw up and execute a policy for the prevention of accidents at work, and monitor the smooth running of the services responsible for ensuring health and safety at work. The manager of the company is responsible for submitting an annual action plan for the promotion of health and safety at work to the committee for its approval. The committee’s work is documented in a report submitted to the labour inspectorate. An annual report is also prepared and disclosed to the Ministry of Employment. 
The concession contract also stipulates the obligation for the logging company to provide its employees with health and safety equipment suitable for their roles, as well as appropriate first aid and medical care equipment. The Principles of Reduced Impact Logging (RIL) also outline the personal protective equipment required for logging operations.
Finally, all campsites located within the forest concession must be clean, ventilated and located near a permanent source or body of water, and, if possible, on the top of a hill. The concessionaire must also provide the camp with regularly tested drinking water. The workers’ accommodation must be equipped with clean running drinking water, lighting points, electrical outlets if possible, a rubbish chute, and sanitary facilities (showers and toilets connected to a septic tank). If the camp is not located near a village, the logging operator is also responsible for setting up an infirmary, a primary school, a shop, social and cultural facilities and a waste timber collection system for energy production.
Legally required documents
Applicable legislation
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Art 1, annex 2 Art. 9.
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008, Art. 7 to 15.
  • Principles of Reduced Impact Logging (RIL);, section 2.2.
  • Law n°16/010 of 15 July 2016 amending and supplementing Law n°015-2002 of 16 October 2002 on the Labour Code;, 2002, Art. 187, 196 and 197.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 65.
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1.12 Legal employment
Last updated on 2021-08-25 Employment regulations are not respected Specified RISK
Compliance with regulatory labour law requirements is very poor across logging companies (see for instance Global Witness, 2015), unless they are part of a credible certification system that regularly audits practices in terms of employment legality. The main breaches observed are as follows (Based on expert consultation, 2019):The company does not have any internal regulations validated by the labour inspectorate;The workers do not have an emplo... VIEW MORE

Compliance with regulatory labour law requirements is very poor across logging companies (see for instance Global Witness, 2015), unless they are part of a credible certification system that regularly audits practices in terms of employment legality. The main breaches observed are as follows (Based on expert consultation, 2019):

  • The company does not have any internal regulations validated by the labour inspectorate;
  • The workers do not have an employment contract registered with the National Employment Office (ONEM);
  • The company does not record or pay social security contributions for its workers;
  • The workers are not given annual leave;
  • The workers are not paid by way of a payslip;
  • Workers without an employment contract are paid below the minimum wage.
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationField verification
1
Verify Employment contract
2
Verify Social security affiliation documents
3
Verify Payslips
4
Verify Minutes from the staff delegate elections
5
Verify Harvesting site
Check that there are no non-declared employees and/or employees below the age of 16 and/or forced labour
Description of legal requirements
Legal requirements of employment shall be followed
VIEW MORE

The Congolese constitution prohibits slavery, cruel, inhumane or degrading treatment, and forced or obligatory labour. It recognises that all citizens have a right and a duty to work. It stipulates that the state must guarantee all citizens the right to work and must provide all workers with fair and satisfactory remuneration.

The Congolese Labour Code classifies working relationships into different types of contracts, including apprenticeships and employment. All employment contracts are either permanent or temporary. 

Employment contracts specify the obligations of the employee and the employer. There is a certain amount of information that they must stipulate (duration, nature, date of entry into force, remuneration, etc.). They must comply with all regulations, collective conventions and company rules. Apart from situations in which the worker is hired on the spot, employment contracts must be drawn up in writing and submitted for approval by the National Employment Office (Articles 21 and 47 of Law n°015/2002). The same applies for the termination of employment contracts (Article 33 of Law n°15/2002). All employees must be declared to the National Social Security Institute (INSS). 

Children below the age of 16 cannot be employed, however exemptions can be made from the age of 15 (with psychological/medical approval from an expert and the labour inspectorate) and for light and salubrious work. The worst forms of child labour are prohibited, as are tasks beyond their strengths or that expose them to high occupational hazards (notably including maintenance of machines and machinery, the driving of engines and equipment, the use and handling of saws, works that are carried out with dangerous tools or involve handling heavy loads, and any work presenting particularly high safety hazards). Workers under the age of 18 cannot work more than 8 hours a day. If the working period exceeds 4 hours a day, it must be split up by one or several rest periods of at least 1 hour. Workers below the age of 18 cannot work on Saturdays or Sundays. Wherever a company employs individuals below the age of 18, a list of said workers and their jobs must be drawn up by the employer, which must then be addressed to the competent labour inspectorate.

Remuneration must be at least equal to the daily minimum interprofessional wage (SMIG), which is set at 7,075 CFA francs per day for an ordinary labourer in 2018 (Decree n°18/017). This minimum wage increases depending on the worker’s category (specialist worker, semi-qualified, qualified, highly qualified, supervisory staff and employee) and how long the worker has been working continuously for the same company (3% increase per year). Workers must receive their remuneration by way of a payslip laid out in line with the template provided for by Ministerial Order n°12/CAB.MIN/ETPS/042. 

Workers have the right to form organisations for the purpose of defending and developing their professional interests. No prior authorisation is required to form a professional organisation, also known as a trade union. Trade unions are required to register with the Ministry of Labour. Employers are prohibited from hiring or dismissing a worker based on their affiliation or lack thereof with a professional organisation. Workers are also represented by an elected delegation.

Legally, workers cannot work more than 45 hours a week and 9 hours a day, unless exemptions are made at sector level by way of an order. The right to a weekly rest day and annual leave must be respected. The law stipulates the right to at least 1 working day of paid annual leave for each full month of service for workers aged 18 and over, and 1.5 working days for workers below the age of 18. This period is increased by one day per year for every 5 years of service at the company.

Companies must have a set of internal regulations, stamped by the Labour Inspectorate (Art. 321 of Law n°015/2002). 

In the event of force majeure, the employer may decide to interrupt its activities by agreement with the staff delegates and the administration. Main reasons include: forced leave (“congé technique”), scheduled shutdown (“arrêt technique”), financial problems, etc.

Pregnancy shall not constitute a source of employment discrimination. Any pregnant woman has the right to suspend her employment contract if a doctor believes that continuing to work constitutes a health risk. Any pregnant woman has the right to suspend her employment contract for fourteen consecutive weeks, a maximum of eight of which can be taken post-delivery and six before.

If a worker is transferred or required to work outside of their workplace, the employer is required to provide the worker and their family with appropriate housing or, failing that, appropriate compensation. The employer shall bear the consequent cost of transporting the worker from their place of residence to their workplace and vice versa.

Employers are obliged to ensure that the workers they employ receive professional training.

Legally required documents
Applicable legislation
  • Law n°16/010 of 15 July 2016 amending and supplementing Law n°015-2002 of 16 October 2002 on the Labour Code;, 2002.
  • Constitution of the Democratic Republic of the Congo, as revised by Law n°11/002 of 20 January 2011;, 2011.
  • Law n°011/001 of 10 January 2009 on child protection;, 2009.
  • Ministerial Order n°12/CAB.MIN/TPS/045/08 of 8 August 2008 establishing the conditions of child labour;, 2008.
  • Decree n°18/017 of 22 May 2018 setting the guaranteed interprofessional minimum wage, the minimum family allowances and the equivalent value of housing;, 2018, Art. 2, 7, annex.
  • Ministerial Order n°12/CAB.MIN/ETPS/ 042 of 8 August 2008 establishing a model payroll and written statement of remuneration., 2008.
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1.13 Customary rights
Last updated on 2021-08-25 Community forest concessions are effectively controlled by loggers, local elites and/or non-local NGOs without the required involvement of local communities Specified RISK
Concerns have been raised by civil society about the risk of creation of local community forest concessions controlled by loggers and/or local elites and/or non-local NGOs without the required involvement of communities (GIZ/KfW, 2016, Rainforest Foundation, 2018).... VIEW MORE

Concerns have been raised by civil society about the risk of creation of local community forest concessions controlled by loggers and/or local elites and/or non-local NGOs without the required involvement of communities (GIZ/KfW, 2016, Rainforest Foundation, 2018).

References
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The risk applies to the following source types
  • Local community forest concessions
Risk mitigation options
Document verification
1
Verify Documents highlighting the involvement of forest users in the decision making process
Description of legal requirements
Local funds and committees shall be formed involving several local community/indigenous population representatives
VIEW MORE
Generally speaking, the Forest Code provides for the forest usage rights of peoples living within or in proximity to the forests, insofar as these are not contrary to law and public order (Art. 36 of the Forest Code). 
Protected forests are subjected to very few limits in terms of user rights. Crops can be grown, unless prohibited by the provincial governor. The Minister may also regulate the collection of any forest products.
Permanent production forests, allocated in the form of concessions to logging operators, are free from all occupancy rights (Art. 31 of Law n°011/2002): potential third party rights over the forest to be allocated are subject to compensation (Art. 84 of Law n°011/2002). However, “local populations of a forest concession continue to exercise their traditional user rights over the concession where this is compatible with the harvesting operations, with the exception of agriculture” (Art. 44 of Law n°011/2002). 
The exercise of user rights in forest concessions is notably governed by the forest management plan and the social clauses concluded between the local communities within the concessions and the logging operator, a template for which is provided by the regulations and notably includes an article listing the following user rights: collecting firewood, collecting wild fruits and caterpillars, collecting medicinal plants, traditional hunting and fishing (Art. 10 of the annex to Order n°023/CAB). The exercise of user rights shall not give rise to any indemnities or compensation payable to the concessionaire.
The Congolese forestry legislation also requires the concessionaire to take the local communities into consideration in the forest management plan. During the forest management plan preparation phase, the concessionaire must identify the local communities. The concessionaire must notably conduct a socio-economic survey that identifies, amongst other things, the different ways in which the local populations use the forest resources (Art. 12 of Ministerial Order n°034/CAB). The forest management plan is drawn up in conjunction with the local populations concerned and the law encourages these communities to participate in the management of the forest. The concessionaire must mention the applicable user rights in the concession’s forest management plan (Art 10 of the annex to Order n°023/CAB).
Furthermore, the “social clause” in the forest concession specifications (cahiers de charges) must redistribute the benefits of the industrial logging operations amongst the local communities, providing for the creation of socio-economic infrastructure for said local communities, particularly “the construction of roads, renovation and construction of hospitals and schools, and facilitation of transportation services for people and goods” (Art. 89 of the Forest Code). This agreement must be concluded following a consultation procedure between the local communities and the concessionaire. Several social clauses may be signed by a logging company, in line with the number of local communities within the concession (Tsanga et al., 2017). 
The social clause template that must be used by all logging companies identifies all stakeholders and reiterates that it “aims to regulate the relationships between the parties regarding the management of the forest concession” (Art. 1 of the annex to Order n°023/CAB). It specifies what socio-economic infrastructure is required (Art. 4 annex) and the related schedule, and it indicates that the concessionaire will finance these activities through the development fund. This fund is financed by way of a payment of two to five US dollars per cubic metre of wood harvested within the forest concession.
This fund is managed and monitored by two distinct bodies: the Local Management Committee (CLG) and the Local Monitoring Committee (CLS). The CLG is formed of one concessionaire delegate, several local community/indigenous population representatives and one civil society delegate to act as an observer. This committee is responsible for setting up the socio-economic infrastructure for the population. The CLS is responsible for monitoring and evaluating the commitments made between the concessionaire and the local communities/indigenous populations. It is formed of the district administrator, a concessionaire representative and three local community//indigenous population representatives. 
Finally, the Congolese constitution also guarantees the right to collective property acquired according to custom. This is reflected in the Forest Code, which states that local communities can obtain a forest concession (maximum 50,000 hectares on a portion of the forests it owns by virtue of custom). Local community forest concessions are allocated free of charge by order of the provincial governor, following a regulated procedure. In order to ensure the correct management of the forest concession, a community assembly and a council of elders is established, and a management system is set up (either a dedicated management entity or an internal organisation formed of other bodies). All members of a local community may, if provided for in the simplified management plan, harvest timber, fuel wood and non-timber forest products within the concession of their community and for their domestic use.
Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014, Art. 4 and 12.
  • Ministerial Order n°034/CAB/MIN/ECN-T/15/JEB/08 of 22 August 2008 on the regulations for harvesting certain forest products;, 2008.
  • Operational guide for preparing the simplified management plan for local community forest concessions;.
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1.13 Customary rights
Last updated on 2021-08-25 Agreements between concession-holders and local communities or between artisanal loggers and local communities are not in place or not implemented Specified RISK
In 2014, upon the completion of the old forest title conversion process, 85 social clauses were signed by 57 forest concession holders in the DRC (sometimes with several social clauses per concession). Between 2011 and 2015, a low proportion of the required infrastructure was completed (38% of projects completed or on-going between 2011 and 2015) (Tsanga et al., 2017, Global Witness, 2015 and 2019). Artisanal logging is also frequently conducted... VIEW MORE

In 2014, upon the completion of the old forest title conversion process, 85 social clauses were signed by 57 forest concession holders in the DRC (sometimes with several social clauses per concession). Between 2011 and 2015, a low proportion of the required infrastructure was completed (38% of projects completed or on-going between 2011 and 2015) (Tsanga et al., 2017, Global Witness, 2015 and 2019). 

Artisanal logging is also frequently conducted without prescribed contracts with local communities (OI-FLEG/REM, 2013, OI-FLEG/OGF, n°10-2017, n°11-2019, n°13-2019). 

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Agreement between the artisanal logger and the concerned communities
Ensure that all local communities affected by the forest concession are taken into consideration in the social agreements
2
Verify Documents highlighting the involvement of forest users in the decision making process
Ensure that all local communities affected by the forest concession are taken into consideration in the social agreements
3
Consult with Local communities
4
Consult with Mandated independent observer (OGF)
5
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
6
Verify Forest management plan
For Industrial forest concessions. Check the user rights of the concession's local communities
7
Verify Social clause(s) of the specifications (cahiers de charges)
For Industrial forest concessions.
8
Verify Documents relating to the setting up of the local management and monitoring committees (CLG and CLS respectively)
For Industrial forest concessions. Ensure that all local communities affected by the forest concession are taken into consideration in the social agreements
9
Verify Documents relating to the creation of the required socio-economic infrastructure
Ensure that all local communities affected by the forest concession are taken into consideration in the social agreements
Description of legal requirements
The agreement must be concluded following a consultation procedure between the local communities and the concessionaire (describing the "social clause"- the creation of socio-economic infrastructure for local communities)
VIEW MORE

The exercise of user rights in forest concessions is notably governed by the forest management plan and the social clauses concluded between the local communities within the concessions and the logging operator, a template for which is provided by the regulations and notably includes an article listing the following user rights: collecting firewood, collecting wild fruits and caterpillars, collecting medicinal plants, traditional hunting and fishing (Art. 10 of the annex to Order n°023/CAB). The exercise of user rights shall not give rise to any indemnities or compensation payable to the concessionaire.

The Congolese forestry legislation also requires the concessionaire to take the local communities into consideration in the forest management plan. During the forest management plan preparation phase, the concessionaire must identify the local communities. The concessionaire must notably conduct a socio-economic survey that identifies, amongst other things, the different ways in which the local populations use the forest resources (Art. 12 of Ministerial Order n°034/CAB). The forest management plan is drawn up in conjunction with the local populations concerned and the law encourages these communities to participate in the management of the forest. The concessionaire must mention the applicable user rights in the concession’s forest management plan (Art 10 of the annex to Order n°023/CAB).

Furthermore, the “social clause” in the forest concession specifications (cahiers de charges) must redistribute the benefits of the industrial logging operations amongst the local communities, providing for the creation of socio-economic infrastructure for said local communities, particularly “the construction of roads, renovation and construction of hospitals and schools, and facilitation of transportation services for people and goods” (Art. 89 of the Forest Code). This agreement must be concluded following a consultation procedure between the local communities and the concessionaire. Several social clauses may be signed by a logging company, in line with the number of local communities within the concession (Tsanga et al., 2017). 

The social clause template that must be used by all logging companies identifies all stakeholders and reiterates that it “aims to regulate the relationships between the parties regarding the management of the forest concession” (Art. 1 of the annex to Order n°023/CAB). It specifies what socio-economic infrastructure is required (Art. 4 annex) and the related schedule, and it indicates that the concessionaire will finance these activities through the development fund. This fund is financed by way of a payment of two to five US dollars per cubic metre of wood harvested within the forest concession.

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014, Art. 4 and 12.
  • Ministerial order n°025/CAB/MIN/FCN-DD/CJ/00/RBM/2016 of 9 February 2016 laying down specific provisions for the management and operation of local community forest concessions;, 2016.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Annex 1 Art. 6, Annex 2 Art. 1.
  • Ministerial Order n°034/CAB/MIN/ECN-T/15/JEB/08 of 22 August 2008 on the regulations for harvesting certain forest products;, 2008.
  • Constitution of the Democratic Republic of the Congo, as revised by Law n°11/002 of 20 January 2011;, 2011, Art. 34.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 8, 16, 22, 36, 37, 38, 39, 40, 41, 42, 43, 44, 89, 106, 111, 112, 113, 150, 151.
  • Decree n°14/18 of 2 August 2014 establishing the modalities for allocating forest concessions to local communities;, 2014.
  • Ministerial Order n°023/CAB/MIN/ECNT/28/JEB/10 of 7 June 2010 establishing a model social clause for the forest concession contract’s specifications (cahier des charges);, 2010.
  • Operational guide for preparing the simplified management plan for local community forest concessions;.
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1.13 Customary rights
Last updated on 2021-08-25 Local funds and committees in place to deliver socio-economic development activities are manipulated and / or non-functional Specified RISK
Between 2011 and 2015, a low proportion of the infrastructure required within signed social clauses was completed (38% of projects completed or on-going between 2011 and 2015) (Tsanga et al., 2017, Global Witness, 2015 and 2019). Several problems were identified, notably including the lack of financing of the local development fund (FDL) due to the absence or interruption of logging operations, logging companies’ lack of internal skills require... VIEW MORE

Between 2011 and 2015, a low proportion of the infrastructure required within signed social clauses was completed (38% of projects completed or on-going between 2011 and 2015) (Tsanga et al., 2017, Global Witness, 2015 and 2019). Several problems were identified, notably including the lack of financing of the local development fund (FDL) due to the absence or interruption of logging operations, logging companies’ lack of internal skills required to carry out development works, and local communities’ lack of skills required to choose suppliers that are sufficiently equipped to carry out the works scheduled, etc. On the other side, the monitoring bodies (CLS and CLG) often struggle to carry out the supervision and monitoring duties assigned to them. The running of these bodies depends on the FDL being properly financed and their members often lack strong management abilities. This has led to widespread poor governance practices by the FDL managers, resulting in the misappropriation of funds and equipment and the over-billing of works (Tsanga et al., 2017). 

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Documents relating to the setting up of the local management and monitoring committees (CLG and CLS respectively)
Ensure that all local communities affected by the forest concession are taken into consideration in the social agreements
2
Consult with Local communities
3
Consult with Mandated independent observer (OGF)
4
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
5
Verify Forest management plan
For Industrial forest concessions. Check the user rights of the concession's local communities
6
Verify Social clause(s) of the specifications (cahiers de charges)
For Industrial forest concessions.
Description of legal requirements
Local funds and committees are responsible for setting up and monitoring the socio-economic infrastructure for the population.
VIEW MORE

The “social clause” in the forest concession specifications (cahiers de charges) must redistribute the benefits of the industrial logging operations amongst the local communities, providing for the creation of socio-economic infrastructure for said local communities, particularly “the construction of roads, renovation and construction of hospitals and schools, and facilitation of transportation services for people and goods” (Art. 89 of the Forest Code). This agreement must be concluded following a consultation procedure between the local communities and the concessionaire. Several social clauses may be signed by a logging company, in line with the number of local communities within the concession (Tsanga et al., 2017). 

The social clause template that must be used by all logging companies identifies all stakeholders and reiterates that it “aims to regulate the relationships between the parties regarding the management of the forest concession” (Art. 1 of the annex to Order n°023/CAB). It specifies what socio-economic infrastructure is required (Art. 4 annex) and the related schedule, and it indicates that the concessionaire will finance these activities through the development fund. This fund is financed by way of a payment of two to five US dollars per cubic metre of wood harvested within the forest concession.

This fund is managed and monitored by two distinct bodies: the Local Management Committee (CLG) and the Local Monitoring Committee (CLS). The CLG is formed of one concessionaire delegate, several local community/indigenous population representatives and one civil society delegate to act as an observer. This committee is responsible for setting up the socio-economic infrastructure for the population. The CLS is responsible for monitoring and evaluating the commitments made between the concessionaire and the local communities/indigenous populations. It is formed of the district administrator, a concessionaire representative and three local community//indigenous population representatives.

Legally required documents
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014, Art. 4 and 12.
  • Ministerial Order n°034/CAB/MIN/ECN-T/15/JEB/08 of 22 August 2008 on the regulations for harvesting certain forest products;, 2008.
  • Operational guide for preparing the simplified management plan for local community forest concessions;.
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1.14 Free prior and informed consent
Last updated on 2021-08-25 Not Applicable Not Applicable
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Description of legal requirements
Not applicable
VIEW MORE
When allocating a forest concession, the law only stipulates that the local communities must be consulted. Their rights over the forest land covered by the concession are noted and compensated for (Art. 23 and 84 of the Forest Code). Strictly speaking, the law therefore does not require their consent, however the conclusion of the social clauses of the specifications (cahier des charges) attached to the concession contracts may resemble, to a lesser extent, a free agreement concluded between the logger and the local communities 
Applicable legislation
  • Ministerial Order n°034/CAB/MIN/EDD/03/03/BLN/2015 of 3 July 2015 laying down the procedure for drawing up, verifying, approving, implementing and following up the management plan of a forest concession for timber production;, 2014.
  • Ministerial Order n°85/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 29 October 2016 on Artisanal Forest Units;, 2016.
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Art. 4.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 20 to 23; 42.
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 94, 96, 97 et seq; 111, 112, and 113.
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1.15 Indigenous/traditional peoples rights
Last updated on 2021-08-25 Not applicable Not Applicable
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Description of legal requirements
Not applicable
VIEW MORE
Despite the DRC government’s support for the United Nations Declaration on the Rights of Indigenous Peoples, as well as requests from civil society and the submission of a proposed law in 2014, there is no precise definition of the concept of “indigenous peoples” in Congolese legislation (Koné, 2017). In practice, the role played by indigenous peoples within the various committees (CLG and CLS) is relatively modest, and their concerns are still poorly acknowledged (Tsanga et al., 2017).
Indigenous peoples’ rights to use the forest resources and participate in forest management are therefore identical to the general rights of the local communities and are subject to the same procedures 
 
Applicable legislation
  • General Tax Code.
  • Law n°11/005 of 25/06/2011 on the ratification of Ordinance-Law 10/001 of 20/08/2010 on the introduction of VAT, 2010.
  • Interministerial Order n°CAB/MIN/EDD/2020/005 and n°CAB/MIN/FINANCES/2020/066 of 24 July 2020 fixing the rates for duties, taxes and fees to be charged by the Ministry of Environment and Sustainable Development in the forestry sector, 2020.
  • Ministerial Order n°0011/CAB/MIN/ECN-EF/2007 of 12/04/2007 on the regulations for the authorisation for industrial logging and authorisations for the purchase, sale and export of timber, 2007.
  • Instruction n°DGDA/DG/DGA.T/dg/2011/005 of 28 December 2011 on import and export VAT, 2011.
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1.16 Classification of species, quantities, qualities
Last updated on 2021-08-25 False declarations are made in the site log books Specified RISK
Irregular / false declarations are made in the site log books; (Global Witness, 2015, OI-FLEG n°1-2013, n°3-2014, n°6-2016, n°11-2019, n°12-2019)These breaches occur within the context of corruption amongst the officials in charge of checking / monitoring the sites and verifying the transport permits on the roads (Global Witness, 2015).... VIEW MORE

Irregular / false declarations are made in the site log books; (Global Witness, 2015, OI-FLEG n°1-2013, n°3-2014, n°6-2016, n°11-2019, n°12-2019)

These breaches occur within the context of corruption amongst the officials in charge of checking / monitoring the sites and verifying the transport permits on the roads (Global Witness, 2015).

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationScientific testing
1
Verify Site log book

Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/sales documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sales documents

2
Verify Harvest permit

Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/sale documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sales documents

3
Scientific testing
Carry out a macroscopic, microscopic, or DNA analysis of the wood.
4
Verify Transport permit

Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/sales documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sales documents

Description of legal requirements
Quarterly declarations shall be correct and include all the required documentation
VIEW MORE
The forest administration requires all felled wood to be recorded in the documents designed for this purpose, which are: the site log book and the transport slip. The concessionaire is responsible for producing these documents in line with the pre-established templates provided in the operating standards. The table below outlines the information to be provided and the legal requirements relating to these documents.
 Site log bookTransport slip
Legal referenceArt. 68 of Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM /2016Art. 71 of Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM /2016
Required information
  • the serial number of the tree;
  • the commercial or scientific name of the species or, failing that, the common name;
  • the date of felling;
  • the diameter and length of the tree;
  • the number and size of the blocks produced: length, diameter and volume;
  • the date of hauling of each log and its likely destination.
  • the identity of the carrier;
  • the means of transport;
  • the full identity of the logging company;
  • the route and destination of the forest product;
  • the volume or quantity of products permitted to be transported;
  • the date of issue and validity period of the permit.
Standing trees are usually assigned a number during the harvesting inventory.
When filling out the documents, the concessionaire must respect the names of the species and their dimensions (large-end diameter, small-end diameter, length). The transport slip must be presented by the carrier upon the request of all competent forestry officers and officials (Art. 73 of Order n°84/CAB).
Periodic summaries of the quantities harvested and transported are used for the payment of logging taxes, which must be declared every quarter (Article 76 of Order n°084/CAB). 
 
Legally required documents
  • Site log book
  • Transport permit
Applicable legislation
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 108.
  • Ordinance-Law n°10/002 of 20 August 2010 on the Customs Code;, 2010, Art. 53.
  • Guide opérationnel - Liste des essences forestières de la République Démocratique du Congo (Operational guide - List of forest species from the Democratic Republic of the Congo)..
  • Interdepartmental Order n°BCE/CE/ECNT/007/85 on regulating the export of logs;, Art. 66, 67, 68, 72, 76.
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1.16 Classification of species, quantities, qualities
Last updated on 2021-08-25 False declarations are made regarding species and their volume on transport permits Specified RISK
False declarations are made regarding species and their volumes on the transport slips; (Global Witness, 2015)These breaches occur within the context of corruption amongst the officials in charge of checking / monitoring the sites and verifying the transport permits on the roads (Global Witness, 2015).... VIEW MORE

False declarations are made regarding species and their volumes on the transport slips; (Global Witness, 2015)

These breaches occur within the context of corruption amongst the officials in charge of checking / monitoring the sites and verifying the transport permits on the roads (Global Witness, 2015).

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationScientific testing
1
Verify Transport permit

Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/sales documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sales documents

2
Verify Site log book

Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/sales documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sales documents

3
Verify Harvest permit

Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/sales documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sales documents

4
Scientific testing
Carry out a macroscopic, microscopic, or DNA analysis of the wood.
Description of legal requirements
Quarterly declarations shall be correct and include all the required documentation
VIEW MORE
The forest administration requires all felled wood to be recorded in the documents designed for this purpose, which are: the site log book and the transport slip. The concessionaire is responsible for producing these documents in line with the pre-established templates provided in the operating standards. The table below outlines the information to be provided and the legal requirements relating to these documents.
 Site log bookTransport slip
Legal referenceArt. 68 of Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM /2016Art. 71 of Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM /2016
Required information
  • the serial number of the tree;
  • the commercial or scientific name of the species or, failing that, the common name;
  • the date of felling;
  • the diameter and length of the tree;
  • the number and size of the blocks produced: length, diameter and volume;
  • the date of hauling of each log and its likely destination.
  • the identity of the carrier;
  • the means of transport;
  • the full identity of the logging company;
  • the route and destination of the forest product;
  • the volume or quantity of products permitted to be transported;
  • the date of issue and validity period of the permit.
Standing trees are usually assigned a number during the harvesting inventory.
When filling out the documents, the concessionaire must respect the names of the species and their dimensions (large-end diameter, small-end diameter, length). The transport slip must be presented by the carrier upon the request of all competent forestry officers and officials (Art. 73 of Order n°84/CAB).
Periodic summaries of the quantities harvested and transported are used for the payment of logging taxes, which must be declared every quarter (Article 76 of Order n°084/CAB). 
 
Legally required documents
  • Site log book
  • Transport permit
Applicable legislation
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 108.
  • Ordinance-Law n°10/002 of 20 August 2010 on the Customs Code;, 2010, Art. 53.
  • Guide opérationnel - Liste des essences forestières de la République Démocratique du Congo (Operational guide - List of forest species from the Democratic Republic of the Congo)..
  • Interdepartmental Order n°BCE/CE/ECNT/007/85 on regulating the export of logs;, Art. 66, 67, 68, 72, 76.
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1.16 Classification of species, quantities, qualities
Last updated on 2021-08-25 False quarterly declarations are made, or declarations are not accompanied by the required documents. Specified RISK
Prescribed declaration are not filed with the administration, or irregular / false quarterly declarations are made, or declarations are not accompanied by the valid documents used during the quarter for the purpose of forest administration checks. (Global Witness, 2015, OI-FLEG/OGF, n°3-2014, n°5-2015, n°7-2017 n°11-2019) These breaches occur within the context of corruption amongst the officials in charge of checking / monitoring the sites a... VIEW MORE

Prescribed declaration are not filed with the administration, or irregular / false quarterly declarations are made, or declarations are not accompanied by the valid documents used during the quarter for the purpose of forest administration checks. (Global Witness, 2015, OI-FLEG/OGF, n°3-2014, n°5-2015, n°7-2017 n°11-2019)

These breaches occur within the context of corruption amongst the officials in charge of checking / monitoring the sites and verifying the transport permits on the roads (Global Witness, 2015)

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationScientific testing
1
Verify Transport permit
Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/export sale documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sale documents
2
Verify Harvest permit
Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/export sale documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sale documents
3
Verify Site log book
Check that the information included on the various documents relating to the logging operations and the transport of logs and sawn wood (site log book, transport permits) is coherent. Check that the species stated in the export/export sale documents are the same as those that appear on the logging and transport documents (site log book, transport permits. Check that the species sold are the same as the species declared in the transport and sale documents
4
Scientific testing
Carry out a macroscopic, microscopic, or DNA analysis of the wood.
Description of legal requirements
Quarterly declarations shall be correct and include all the required documentation
VIEW MORE
The forest administration requires all felled wood to be recorded in the documents designed for this purpose, which are: the site log book and the transport slip. The concessionaire is responsible for producing these documents in line with the pre-established templates provided in the operating standards. The table below outlines the information to be provided and the legal requirements relating to these documents.
 Site log bookTransport slip
Legal referenceArt. 68 of Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM /2016Art. 71 of Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM /2016
Required information
  • the serial number of the tree;
  • the commercial or scientific name of the species or, failing that, the common name;
  • the date of felling;
  • the diameter and length of the tree;
  • the number and size of the blocks produced: length, diameter and volume;
  • the date of hauling of each log and its likely destination.
  • the identity of the carrier;
  • the means of transport;
  • the full identity of the logging company;
  • the route and destination of the forest product;
  • the volume or quantity of products permitted to be transported;
  • the date of issue and validity period of the permit.
Standing trees are usually assigned a number during the harvesting inventory.
When filling out the documents, the concessionaire must respect the names of the species and their dimensions (large-end diameter, small-end diameter, length). The transport slip must be presented by the carrier upon the request of all competent forestry officers and officials (Art. 73 of Order n°84/CAB).
Periodic summaries of the quantities harvested and transported are used for the payment of logging taxes, which must be declared every quarter (Article 76 of Order n°084/CAB). 
 
Legally required documents
  • Site log book
  • Transport permit
Applicable legislation
  • Law n°011/2002 of 29 August 2002 on the Forest Code;, 2002, Art. 108.
  • Ordinance-Law n°10/002 of 20 August 2010 on the Customs Code;, 2010, Art. 53.
  • Guide opérationnel - Liste des essences forestières de la République Démocratique du Congo (Operational guide - List of forest species from the Democratic Republic of the Congo)..
  • Interdepartmental Order n°BCE/CE/ECNT/007/85 on regulating the export of logs;, Art. 66, 67, 68, 72, 76.
VIEW LESS
1.17 Trade and transport
Last updated on 2021-08-25 No site logbook is kept Specified RISK
No site log book is kept to record daily production by the concessionaire (Global Witness, 2015, OI-FLEG/OGF, n°1-2013, n°3-2014, n°5-2015)... VIEW MORE

No site log book is kept to record daily production by the concessionaire (Global Witness, 2015, OI-FLEG/OGF, n°1-2013, n°3-2014, n°5-2015)

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Site log book
2
Verify Transport slip
3
Verify Permit to purchase or sell timber
4
Consult forest experts and civil society/independent observers

Consult relevant stakeholders or contract experts for advanced checks into traceability from the logging site.

5
Verify Mandated independent observer (OGF)
Description of legal requirements
The concessionaire is responsible for producing the site logbook in line with the pre-established templates provided in the operating standards
VIEW MORE
Two documents are used for the stages between harvesting and export: the site look book and the transport slip. The concessionaire is responsible for producing these documents in line with the pre-established templates provided in the operating standards (Art. 68 and 71 of Order n°84/CAB).
The transport slips must be stamped by the forest administration, or, failing this, a forestry officer along the route (Art. 71 of Order n°84/CAB). The transport slips  must notably mention the identity of the carrier, the identity of the logging company, the destination of the wood, the identification of the transported wood (including the harvest permit number), the species and identification number of the logs, and the volume being transported. 
If the transported load is modified during the journey (“rupture de charge”), a new transport slip must be created (Art. 73 of Order n°84/CAB). 
Ministerial Order n°0011/CAB stipulates that timber cannot be subjected to any transaction without a permit to purchase, sell or export. These permits are issued by the Ministry of Forests, following payment of the permit fees. The transfer of ownership of any timber (purchase or sale) must be declared to the Ministry of Forests within 15 days of the transaction (Art. 80 of Order n°84/CAB).
Finally, since 2010, the DRC has been developing a Timber Production and Marketing Control Programme (PCPCB), which aims to reinforce the traceability of wood through the establishment of IT systems and the use of barcode labels on the logs. This programme notably aims to combine physical checks with IT data. The programme has been assigned to several private partners (SGS and AUFS/RDC). There is little documentation regarding the progress of these traceability innovations.
The official documents are only verified during site checks and when being transported between two sites.
 
Legally required documents
Applicable legislation
  • Ordinance-Law n°10/002 of 20 August 2010 on the Customs Code;, 2010.
  • Decree n°15/019 of 14 October 2015 instituting a Single Window for Foreign Trade;, 2015.
VIEW LESS
1.17 Trade and transport
Last updated on 2021-08-25 Fraudulent transport permits are used. Specified RISK
Fraudulent transport documents are used (from sites other than where the wood was actually harvested) (Based on expert consultation, 2019).Missing purchase and sale permit (OI-FLEG/OGF, n°14-2020).... VIEW MORE
  • Fraudulent transport documents are used (from sites other than where the wood was actually harvested) (Based on expert consultation, 2019).
  • Missing purchase and sale permit (OI-FLEG/OGF, n°14-2020).
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Transport slip
2
Consult forest experts and civil society/independent observers

Consult relevant stakeholders or contract experts for advanced checks into traceability from the logging site.

3
Consult Civil society organisations/stakeholders involved in land-related issues (WWF, RRN, etc.)
Consult about advanced checks into traceability from the logging site.
4
Verify Site log book
5
Verify Permit to purchase or sell timber
Description of legal requirements
Transport permit shall correctly identify transported wood (including the harvest permit number), the species and identification number of the logs, and the volume being transported.
VIEW MORE
Two documents are used for the stages between harvesting and export: the site look book and the transport slip. The concessionaire is responsible for producing these documents in line with the pre-established templates provided in the operating standards (Art. 68 and 71 of Order n°84/CAB).
The transport slips must be stamped by the forest administration, or, failing this, a forestry officer along the route (Art. 71 of Order n°84/CAB). The transport slips  must notably mention the identity of the carrier, the identity of the logging company, the destination of the wood, the identification of the transported wood (including the harvest permit number), the species and identification number of the logs, and the volume being transported. 
If the transported load is modified during the journey (“rupture de charge”), a new transport slip must be created (Art. 73 of Order n°84/CAB). 
Ministerial Order n°0011/CAB stipulates that timber cannot be subjected to any transaction without a permit to purchase, sell or export. These permits are issued by the Ministry of Forests, following payment of the permit fees. The transfer of ownership of any timber (purchase or sale) must be declared to the Ministry of Forests within 15 days of the transaction (Art. 80 of Order n°84/CAB).
Finally, since 2010, the DRC has been developing a Timber Production and Marketing Control Programme (PCPCB), which aims to reinforce the traceability of wood through the establishment of IT systems and the use of barcode labels on the logs. This programme notably aims to combine physical checks with IT data. The programme has been assigned to several private partners (SGS and AUFS/RDC). There is little documentation regarding the progress of these traceability innovations.
The official documents are only verified during site checks and when being transported between two sites.
 
Legally required documents
  • Driver’s license
  • Permit to purchase or sell timber
  • Site log book
  • Transport slip
  • Vehicle registration certificate or pink card
Applicable legislation
  • Ordinance-Law n°10/002 of 20 August 2010 on the Customs Code;, 2010.
  • Decree n°15/019 of 14 October 2015 instituting a Single Window for Foreign Trade;, 2015.
VIEW LESS
1.18 Offshore trading and transfer pricing
Last updated on 2021-08-25 Volumes are under-billed to manipulate transfer prices Specified RISK
When setting the prices for their timber, companies show little respect for the official market values, worsened by a backdrop of corruption and lack of forestry and customs control. There is currently no substantiated documentation on the risk of transfer price manipulation. In light of the prevalence of corruption and the majority interest of foreign companies in the companies harvesting and exporting the wood, this indicator is evaluated as hi... VIEW MOREWhen setting the prices for their timber, companies show little respect for the official market values, worsened by a backdrop of corruption and lack of forestry and customs control. There is currently no substantiated documentation on the risk of transfer price manipulation. In light of the prevalence of corruption and the majority interest of foreign companies in the companies harvesting and exporting the wood, this indicator is evaluated as high risk (see for instance Global Witness, 2018).
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Timber export permit
Check the precise identity of the entity declared as the exporter of the wood coming from the DRC (the entity must be registered in the DRC). The geographical location of the first importer of the wood coming from the Congo (special attention should be paid to countries that are considered tax havens or that have very low income tax rates), as well as whether it is a subsidiary of or company related to the exporter.
2
Verify Export verification certificate
Check the precise identity of the entity declared as the exporter of the wood coming from the DRC (the entity must be registered in the DRC). The geographical location of the first importer of the wood coming from the Congo (special attention should be paid to countries that are considered tax havens or that have very low income tax rates), as well as whether it is a subsidiary of or company related to the exporter.
3
Collect information on market values in force for the applicable year in the DRC

Market prices are usually defined every year by the government authorities (“commission nationale de mercuriale” under the supervision of the Ministry of Commerce) and made public.

Description of legal requirements
Correct volumes shall be identified on the transport permits
VIEW MORE
There are no regulations specifically targeting the combat against the manipulation of transfer prices and trading with offshore companies. 
However, whenever wood is exported, the authorities must consider the sale contracts and notably whether the price of the wood is coherent with the market price for exported Congolese wood. Market prices are usually defined every year by the government authorities (“commission nationale de mercuriale” under the supervision of the Ministry of Commerce) and made public. 
The export procedure is supposed to prevent the illegal transfer pricing practices carried out between different subsidiaries of the same company to reduce profits made in the DRC. 
 
Legally required documents
Applicable legislation
  • Ordinance-Law n°10/002 of 20 August 2010 on the Customs Code;, 2010.
  • Decree n°15/019 of 14 October 2015 instituting a Single Window for Foreign Trade;, 2015.
VIEW LESS
1.19 Custom regulations
Last updated on 2021-08-25 The quotas for log exports are not respected Specified RISK
There is very little information available on compliance with the export procedure and the payment of taxes based on an appropriate estimate of volumes. There is also no documentation regarding the risk of log export quotas not being respected. There is a risk of falsification of data on volumes exported to lower export tax payment (Greenpeace Africa, 2013). There is also a risk that wood is exported illegally through bordering countries to avoi... VIEW MOREThere is very little information available on compliance with the export procedure and the payment of taxes based on an appropriate estimate of volumes. There is also no documentation regarding the risk of log export quotas not being respected. There is a risk of falsification of data on volumes exported to lower export tax payment (Greenpeace Africa, 2013). There is also a risk that wood is exported illegally through bordering countries to avoid paying the export tax and undergoing any customs checks. This notably concerns wood from artisanal permits (EIA, 2019).
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Timber export permit
2
Verify Certified loading report issued by the Congolese Control Office (OCC)
3
Verify Export verification certificate
4
Verify Phytosanitary certificate
5
Verify Certificate of origin
Description of legal requirements
Precise export quotas are agreed on to specify the species, volumes, origin of the wood, and exit point from the DRC
VIEW MORE
To export wood, companies must be accredited as a wood exporting logging company. To become accredited, they must meet a set of general export conditions and own a working wood processing unit. All companies make an application for an annual export quota. 
Only wood from a forest concession or artisanal forest unit can be exported (Art. 82 of Order 84/CAB). Wood from community forests therefore cannot usually be exported to international markets.
Only logging operators and operational processing unit holders can export wood in the form of logs, for a maximum of 10 years following the start of the logging operations and up to a maximum of 30% of their annual production. Precise export quotas are agreed on to specify the species, volumes, origin of the wood and exit point from the DRC. Roughly squared wood counts as a “log”. Unused volumes of the annual export quota cannot be carried over to a later period. A company cannot transfer its quotas to another company without prior express authorisation from the Department for Foreign Trade.
Legally required documents
Applicable legislation
  • Interministerial Order n°CAB/MIN/EDD/2020/005 and n°CAB/MIN/FINANCES/2020/066 of 24 July 2020 fixing the rates for duties, taxes and fees to be charged by the Ministry of Environment and Sustainable Development in the forestry sector, 2020, Art., 6, 7, 9, 10.
  • Ordinance-Law n°10/002 of 20 August 2010 on the Customs Code;, 2010.
  • Law n°73/009 of 5 January 1973 on trade as amended by Law n°74-014 of 10 July 1974;, 1973.
  • Law n°11/29 of 29 August 2002 on the Congolese Forest Code;, 2002.
  • Decree n°15/019 of 14 October 2015 instituting a Single Window for Foreign Trade;, 2015.
  • Interministerial Order n°035/CAB/MIN/-FINANCES/2016 and n°005/CAB/MIN-COM/2016 of 23 March 2016 on the manual of harmonized procedures applicable to the Single Window for Foreign Trade (Art. 1 paragraph 2);, 2016, Art. 1 paragraph 2.
  • Circular Note n°013/CAB/MIN/ECNT/11/BNME/2013 of 3 October 2013 on the strict respect of agreed volumes., 2013.
VIEW LESS
1.19 Custom regulations
Last updated on 2021-08-25 Volumes exported are falsified to lower export taxes payment Specified RISK
There is very little information available on compliance with the export procedure and the payment of taxes based on an appropriate estimate of volumes. There is also no documentation regarding the risk of log export quotas not being respected. There is a risk of falsification of data on volumes exported to lower export tax payment (Greenpeace Africa, 2013). There is also a risk that wood is exported illegally through bordering countries to avoi... VIEW MOREThere is very little information available on compliance with the export procedure and the payment of taxes based on an appropriate estimate of volumes. There is also no documentation regarding the risk of log export quotas not being respected. There is a risk of falsification of data on volumes exported to lower export tax payment (Greenpeace Africa, 2013). There is also a risk that wood is exported illegally through bordering countries to avoid paying the export tax and undergoing any customs checks. This notably concerns wood from artisanal permits (EIA, 2019).
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Timber export permit
2
Check volumes exported in Certified loading report issued by the Congolese Control Office (OCC)
3
Check volumes exported in Export verification certificate
4
Check volumes exported in Phytosanitary certificate
5
Check volumes exported in Certificate of origin
Description of legal requirements
Correct volumes shall be identified on transport documents
VIEW MORE
To export wood, companies must be accredited as a wood exporting logging company. To become accredited, they must meet a set of general export conditions and own a working wood processing unit. All companies make an application for an annual export quota. 
Only wood from a forest concession or artisanal forest unit can be exported (Art. 82 of Order 84/CAB). Wood from community forests therefore cannot usually be exported to international markets.
Only logging operators and operational processing unit holders can export wood in the form of logs, for a maximum of 10 years following the start of the logging operations and up to a maximum of 30% of their annual production. Precise export quotas are agreed on to specify the species, volumes, origin of the wood and exit point from the DRC. Roughly squared wood counts as a “log”. Unused volumes of the annual export quota cannot be carried over to a later period. A company cannot transfer its quotas to another company without prior express authorisation from the Department for Foreign Trade.
Legally required documents
Applicable legislation
  • Interministerial Order n°CAB/MIN/EDD/2020/005 and n°CAB/MIN/FINANCES/2020/066 of 24 July 2020 fixing the rates for duties, taxes and fees to be charged by the Ministry of Environment and Sustainable Development in the forestry sector, 2020, Art., 6, 7, 9, 10.
  • Law n°73/009 of 5 January 1973 on trade as amended by Law n°74-014 of 10 July 1974;, 1973.
  • Law n°11/29 of 29 August 2002 on the Congolese Forest Code;, 2002.
  • Decree n°15/019 of 14 October 2015 instituting a Single Window for Foreign Trade;, 2015.
  • Interministerial Order n°035/CAB/MIN/-FINANCES/2016 and n°005/CAB/MIN-COM/2016 of 23 March 2016 on the manual of harmonized procedures applicable to the Single Window for Foreign Trade (Art. 1 paragraph 2);, 2016, Art. 1 paragraph 2.
  • Circular Note n°013/CAB/MIN/ECNT/11/BNME/2013 of 3 October 2013 on the strict respect of agreed volumes., 2013.
VIEW LESS
1.19 Custom regulations
Last updated on 2021-08-25 Export duties are not paid Specified RISK
There is very little information available on compliance with the export procedure and the payment of taxes based on an appropriate estimate of volumes. There is also no documentation regarding the risk of log export quotas not being respected. There is a risk of falsification of data on volumes exported to lower export tax payment (Greenpeace Africa, 2013). There is also a risk that wood is exported illegally through bordering countries to avoi... VIEW MOREThere is very little information available on compliance with the export procedure and the payment of taxes based on an appropriate estimate of volumes. There is also no documentation regarding the risk of log export quotas not being respected. There is a risk of falsification of data on volumes exported to lower export tax payment (Greenpeace Africa, 2013). There is also a risk that wood is exported illegally through bordering countries to avoid paying the export tax and undergoing any customs checks. This notably concerns wood from artisanal permits (EIA, 2019).
References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Check export duties paid in Timber export permit
2
Check export duties paid in Certified loading report issued by the Congolese Control Office (OCC)
3
Check export duties paid in Export verification certificate
4
Check export duties paid in Phytosanitary certificate
5
Check export duties paid in Certificate of origin
Description of legal requirements
The export fees shall be paid through an authorized bank
VIEW MORE
To export wood, companies must be accredited as a wood exporting logging company. To become accredited, they must meet a set of general export conditions and own a working wood processing unit. All companies make an application for an annual export quota. 
Only wood from a forest concession or artisanal forest unit can be exported (Art. 82 of Order 84/CAB). Wood from community forests therefore cannot usually be exported to international markets.
Only logging operators and operational processing unit holders can export wood in the form of logs, for a maximum of 10 years following the start of the logging operations and up to a maximum of 30% of their annual production. Precise export quotas are agreed on to specify the species, volumes, origin of the wood and exit point from the DRC. Roughly squared wood counts as a “log”. Unused volumes of the annual export quota cannot be carried over to a later period. A company cannot transfer its quotas to another company without prior express authorisation from the Department for Foreign Trade.
Legally required documents
Applicable legislation
  • Interministerial Order n°CAB/MIN/EDD/2020/005 and n°CAB/MIN/FINANCES/2020/066 of 24 July 2020 fixing the rates for duties, taxes and fees to be charged by the Ministry of Environment and Sustainable Development in the forestry sector, 2020, Art., 6, 7, 9, 10.
  • Law n°73/009 of 5 January 1973 on trade as amended by Law n°74-014 of 10 July 1974;, 1973.
  • Law n°11/29 of 29 August 2002 on the Congolese Forest Code;, 2002.
  • Decree n°15/019 of 14 October 2015 instituting a Single Window for Foreign Trade;, 2015.
  • Interministerial Order n°035/CAB/MIN/-FINANCES/2016 and n°005/CAB/MIN-COM/2016 of 23 March 2016 on the manual of harmonized procedures applicable to the Single Window for Foreign Trade (Art. 1 paragraph 2);, 2016, Art. 1 paragraph 2.
  • Circular Note n°013/CAB/MIN/ECNT/11/BNME/2013 of 3 October 2013 on the strict respect of agreed volumes., 2013.
VIEW LESS
1.20 CITES
Last updated on 2021-08-25 CITES permits are issued where the legality of the logging activities has not been verified and/or the volumes have not been checked Specified RISK
The issuance of irregular harvest permits (Global Witness, 2015, Greenpeace, 2015) and the use of fraudulent harvest permits (Global Witness, 2015) have been documented for Afrormosia (Pericopsis elata). Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be put in place for the issuance of Afrormosia harvest permits and CITES export permits (Congolese Institute for... VIEW MORE

The issuance of irregular harvest permits (Global Witness, 2015, Greenpeace, 2015) and the use of fraudulent harvest permits (Global Witness, 2015) have been documented for Afrormosia (Pericopsis elata).

Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be put in place for the issuance of Afrormosia harvest permits and CITES export permits (Congolese Institute for Nature Conservation, 2014). However, the study conducted for the DRC CITES body in 2014 also revealed a lack of coordination between the administrations in charge of monitoring logging operations in the DRC, which prompted the CITES management body to carry out a legality check for all P. elata export permits, which falls outside of its physical and technical capacities. These administrative issues notably concern the verification of administrative permit procedures, volume checks, the order of the stages in the export control process and limiting the validity of the permits to 6 months, leading in some cases to the cancellation and replacement of expired permits “with all the risks of incoherence and potential fraud that that involves.”

A report published by UNEP in 2014 reiterated that for CITES, the DRC is one of the most problematic countries in Africa for the illegal exploitation of natural resources, from ivory to wood. In a letter addressed to the CITES Secretariat, a number of international NGOs notably revealed their concerns regarding weaknesses in the inventory process for obtaining Afrormosia harvest permits, and poor monitoring of these inventories by the forest administration.

Several cases of illegal Afrormosia felling (without a special permit) have been documented. There are also concerns over the poor traceability of the wood and difficulties in ensuring that shipments of Afrormosia do indeed originate from concessions covered by a special permit. The new report containing the non-detriment finding published in 2018 by the Congolese authorities specified the different stages and players involved in the process for allocating harvesting and export quotas. There is currently no information in the public domain on the efficiency of these new procedures and their effective application.

The harvesting of Mukula or African padauk (Pterocarpus) is also exposed to a high level of risk, due to unclear and changing regulations issued by the administration, going from it being banned, to the ban being suspended, to the ban being reimposed, etc. (EIA, 2019). The logging pressure on Mukula has grown to the point that its sustainability has been questioned by several authors who have conducted investigations, notably into the supply chain in Katanga. Mukula is often exported from the Congo through Zambia before being shipped primarily to Asian markets.

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Forest management plan
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
2
Verify Harvest permit
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
3
Verify Legal acquisition notice
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
4
Verify CITES permit
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
Description of legal requirements
CITES permits shall be issued legally and following all the requirements
VIEW MORE
Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 defines a list of protected species and the applicable harvesting conditions. Three lists are attached to the order, duplicating the annexes adopted by the Convention on International Trade of Endangered Species (CITES). 
Harvesting these species is not prohibited. However, such harvesting must be provided for by the forest management documents and the harvest permits. Regarding the species Pericopsis elata in particular, the last non-detriment finding published in 2018 by the competent Congolese authorities outlines the applicable harvesting procedure, which is contingent upon the allowable cut determined on the basis of the management and/or harvesting inventories. The aggregate forest concession inventory data determines the national annual export quota for this species. For example, in 2016 the national export quota was 56,201 m3; in 2017 it was 41,108m3 and in 2018 it was 50,013 m3.
This species can only be exported if a CITES permit has been issued by the DRC CITES management body, in accordance with the predetermined quotas. The quotas issued each year to the forest concessionaires, in compliance with established conditions, are valid for 4 years under a rotating system in line with the start and end dates for the various annual allowable cuts (AAC). Each AAC can be harvested for a maximum of 3 years, and a considerable amount of time is required for the removal and processing of the wood. The CITES export permit is also accompanied by a legal acquisition notice, based on a file and form that the operator is required to send to the management body. The application file must notably include the forest concession contract, the relevant harvest permit, and the felling numbers of the trunks removed or the trunks that will constitute the shipment of wood for sawing.
It should be noted that as of August 2019, CITES Appendix II extended its scope of application for Afrormosia to processed products (“logs, sawn wood, veneer sheets, plywood and extracts”). A CITES permit is therefore mandatory regardless of the type of product exported from the DRC. 
The Padauk species Pterocarpus tinctorius has also been added to CITES Appendix II in 2019.
 
Legally required documents
Applicable legislation
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008, Art. 1, 12, 14, 17, 18.
  • Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 of 5 November 2002 defining the protected forest species;, 2002.
  • Law n°14/003 of 11 February 2014 on the conservation of nature;, 2014, Art. 63 to 67.
  • Ministerial Order n°056/CAB/MIN/AFF-ECNPF/01/000 of 28 March 2000 on the regulation of international trade in endangered wildlife and flora species (CITES);, 2000.
  • Interministerial Order n°004/CAB/MIN/ECN-T/2010 and n°30/CAB/MIN/Finances/2010 of 26/4/2010 fixing the rates of duties, taxes and fees for fauna and flora;, 2010.
  • Interministerial Order n°03/CAB/MIN/ECN-EF/2006 and n°099/CAB/MIN/FINANCES/2006 of 13 June 2006 fixing the rates for duties, taxes and fees to be charged for fauna and flora by the Ministry of Environment, Nature Conservation, Water and Forests;, 2006, Art. 10.
VIEW LESS
1.20 CITES
Last updated on 2021-08-25 CITES permits are issued fraudulently Specified RISK
The issuance of irregular harvest permits (Global Witness, 2015, Greenpeace, 2015) and the use of fraudulent harvest permits (Global Witness, 2015) have been documented for Afrormosia (Pericopsis elata).Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be put in place for the issuance of Afrormosia harvest permits and CITES export permits (Congolese Institute for ... VIEW MORE

The issuance of irregular harvest permits (Global Witness, 2015, Greenpeace, 2015) and the use of fraudulent harvest permits (Global Witness, 2015) have been documented for Afrormosia (Pericopsis elata).

Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be put in place for the issuance of Afrormosia harvest permits and CITES export permits (Congolese Institute for Nature Conservation, 2014). However, the study conducted for the DRC CITES body in 2014 also revealed a lack of coordination between the administrations in charge of monitoring logging operations in the DRC, which prompted the CITES management body to carry out a legality check for all P. elata export permits, which falls outside of its physical and technical capacities. These administrative issues notably concern the verification of administrative permit procedures, volume checks, the order of the stages in the export control process and limiting the validity of the permits to 6 months, leading in some cases to the cancellation and replacement of expired permits “with all the risks of incoherence and potential fraud that that involves.”

A report published by UNEP in 2014 reiterated that for CITES, the DRC is one of the most problematic countries in Africa for the illegal exploitation of natural resources, from ivory to wood. In a letter addressed to the CITES Secretariat, a number of international NGOs notably revealed their concerns regarding weaknesses in the inventory process for obtaining Afrormosia harvest permits, and poor monitoring of these inventories by the forest administration.

Several cases of illegal Afrormosia felling (without a special permit) have been documented. There are also concerns over the poor traceability of the wood and difficulties in ensuring that shipments of Afrormosia do indeed originate from concessions covered by a special permit. The new report containing the non-detriment finding published in 2018 by the Congolese authorities specified the different stages and players involved in the process for allocating harvesting and export quotas. There is currently no information in the public domain on the efficiency of these new procedures and their effective application.

The harvesting of Mukula or African padauk (Pterocarpus) is also exposed to a high level of risk, due to unclear and changing regulations issued by the administration, going from it being banned, to the ban being suspended, to the ban being reimposed, etc. (EIA, 2019). The logging pressure on Mukula has grown to the point that its sustainability has been questioned by several authors who have conducted investigations, notably into the supply chain in Katanga. Mukula is often exported from the Congo through Zambia before being shipped primarily to Asian markets.

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify CITES permit

Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested

2
Verify Forest management plan
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
3
Verify Harvest permit
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
4
Verify Legal acquisition notice
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
Description of legal requirements
CITES permits shall be issued legally and following all the requirements
VIEW MORE
Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 defines a list of protected species and the applicable harvesting conditions. Three lists are attached to the order, duplicating the annexes adopted by the Convention on International Trade of Endangered Species (CITES). 
Harvesting these species is not prohibited. However, such harvesting must be provided for by the forest management documents and the harvest permits. Regarding the species Pericopsis elata in particular, the last non-detriment finding published in 2018 by the competent Congolese authorities outlines the applicable harvesting procedure, which is contingent upon the allowable cut determined on the basis of the management and/or harvesting inventories. The aggregate forest concession inventory data determines the national annual export quota for this species. For example, in 2016 the national export quota was 56,201 m3; in 2017 it was 41,108m3 and in 2018 it was 50,013 m3.
This species can only be exported if a CITES permit has been issued by the DRC CITES management body, in accordance with the predetermined quotas. The quotas issued each year to the forest concessionaires, in compliance with established conditions, are valid for 4 years under a rotating system in line with the start and end dates for the various annual allowable cuts (AAC). Each AAC can be harvested for a maximum of 3 years, and a considerable amount of time is required for the removal and processing of the wood. The CITES export permit is also accompanied by a legal acquisition notice, based on a file and form that the operator is required to send to the management body. The application file must notably include the forest concession contract, the relevant harvest permit, and the felling numbers of the trunks removed or the trunks that will constitute the shipment of wood for sawing.
It should be noted that as of August 2019, CITES Appendix II extended its scope of application for Afrormosia to processed products (“logs, sawn wood, veneer sheets, plywood and extracts”). A CITES permit is therefore mandatory regardless of the type of product exported from the DRC. 
The Padauk species Pterocarpus tinctorius has also been added to CITES Appendix II in 2019.
 
Legally required documents
Applicable legislation
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008, Art. 1, 12, 14, 17, 18.
  • Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 of 5 November 2002 defining the protected forest species;, 2002.
  • Law n°14/003 of 11 February 2014 on the conservation of nature;, 2014, Art. 63 to 67.
  • Ministerial Order n°056/CAB/MIN/AFF-ECNPF/01/000 of 28 March 2000 on the regulation of international trade in endangered wildlife and flora species (CITES);, 2000.
  • Interministerial Order n°004/CAB/MIN/ECN-T/2010 and n°30/CAB/MIN/Finances/2010 of 26/4/2010 fixing the rates of duties, taxes and fees for fauna and flora;, 2010.
  • Interministerial Order n°03/CAB/MIN/ECN-EF/2006 and n°099/CAB/MIN/FINANCES/2006 of 13 June 2006 fixing the rates for duties, taxes and fees to be charged for fauna and flora by the Ministry of Environment, Nature Conservation, Water and Forests;, 2006, Art. 10.
VIEW LESS
1.20 CITES
Last updated on 2021-08-25 CITES permits are replaced or renewed unlawfully Specified RISK
Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be put in place for the issuance of Afrormosia harvest permits and CITES export permits (Congolese Institute for Nature Conservation, 2014). However, the study conducted for the DRC CITES body in 2014 also revealed a lack of coordination between the administrations in charge of monitoring logging operations in the ... VIEW MORE

Significant work has been conducted with the assistance of international programmes (ITTO, FAO-FLEGT) to determine strict measures to be put in place for the issuance of Afrormosia harvest permits and CITES export permits (Congolese Institute for Nature Conservation, 2014). However, the study conducted for the DRC CITES body in 2014 also revealed a lack of coordination between the administrations in charge of monitoring logging operations in the DRC, which prompted the CITES management body to carry out a legality check for all P. elata export permits, which falls outside of its physical and technical capacities. These administrative issues notably concern the verification of administrative permit procedures, volume checks, the order of the stages in the export control process and limiting the validity of the permits to 6 months, leading in some cases to the cancellation and replacement of expired permits “with all the risks of incoherence and potential fraud that that involves.”

References
VIEW LESS
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify CITES permit

Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested

2
Verify Forest management plan
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
3
Verify Harvest permit
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
4
Verify Legal acquisition notice
Verify and cross-check information to ensure that CITES permits are legally issued and the species are legally harvested
Description of legal requirements
CITES permits shall be issued legally and following all the requirements
VIEW MORE
Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 defines a list of protected species and the applicable harvesting conditions. Three lists are attached to the order, duplicating the annexes adopted by the Convention on International Trade of Endangered Species (CITES). 
Harvesting these species is not prohibited. However, such harvesting must be provided for by the forest management documents and the harvest permits. Regarding the species Pericopsis elata in particular, the last non-detriment finding published in 2018 by the competent Congolese authorities outlines the applicable harvesting procedure, which is contingent upon the allowable cut determined on the basis of the management and/or harvesting inventories. The aggregate forest concession inventory data determines the national annual export quota for this species. For example, in 2016 the national export quota was 56,201 m3; in 2017 it was 41,108m3 and in 2018 it was 50,013 m3.
This species can only be exported if a CITES permit has been issued by the DRC CITES management body, in accordance with the predetermined quotas. The quotas issued each year to the forest concessionaires, in compliance with established conditions, are valid for 4 years under a rotating system in line with the start and end dates for the various annual allowable cuts (AAC). Each AAC can be harvested for a maximum of 3 years, and a considerable amount of time is required for the removal and processing of the wood. The CITES export permit is also accompanied by a legal acquisition notice, based on a file and form that the operator is required to send to the management body. The application file must notably include the forest concession contract, the relevant harvest permit, and the felling numbers of the trunks removed or the trunks that will constitute the shipment of wood for sawing.
It should be noted that as of August 2019, CITES Appendix II extended its scope of application for Afrormosia to processed products (“logs, sawn wood, veneer sheets, plywood and extracts”). A CITES permit is therefore mandatory regardless of the type of product exported from the DRC. 
The Padauk species Pterocarpus tinctorius has also been added to CITES Appendix II in 2019.
 
Legally required documents
Applicable legislation
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008, Art. 1, 12, 14, 17, 18.
  • Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 of 5 November 2002 defining the protected forest species;, 2002.
  • Law n°14/003 of 11 February 2014 on the conservation of nature;, 2014, Art. 63 to 67.
  • Ministerial Order n°056/CAB/MIN/AFF-ECNPF/01/000 of 28 March 2000 on the regulation of international trade in endangered wildlife and flora species (CITES);, 2000.
  • Interministerial Order n°004/CAB/MIN/ECN-T/2010 and n°30/CAB/MIN/Finances/2010 of 26/4/2010 fixing the rates of duties, taxes and fees for fauna and flora;, 2010.
  • Interministerial Order n°03/CAB/MIN/ECN-EF/2006 and n°099/CAB/MIN/FINANCES/2006 of 13 June 2006 fixing the rates for duties, taxes and fees to be charged for fauna and flora by the Ministry of Environment, Nature Conservation, Water and Forests;, 2006, Art. 10.
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1.21 Legislation requiring due diligence/due care procedures
Last updated on 2021-08-25 Not Applicable Not Applicable
The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Description of legal requirements
Not applicable
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There is no legislative framework relating to due diligence.
Applicable legislation
  • Ministerial Order n°CAB/MIN/AF.F-E.T/276/2002 of 5 November 2002 defining the protected forest species;, 2002.
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1.23 Legal Registration of Business
Last updated on 2021-08-25 Low risks identified Low RISK
No risk of systematic illegality has been identified... VIEW MORE

No risk of systematic illegality has been identified

References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Description of legal requirements
All companies have a national identification number, which must be displayed on all documents (letters, invoices, receipts) issued by them. Traders must also all be added to the Trade and Personal Property Credit Register. 
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All companies have a national identification number, which must be displayed on all documents (letters, invoices, receipts) issued by them. Traders must also all be added to the Trade and Personal Property Credit Register. They must conduct their bookkeeping and draw up their annual financial statements in compliance with the provisions of the Organization for the Harmonization of Business Law in Africa (OHADA). The national identification number and inclusion on the Trade and Personal Property Credit Register are obtained from the Guichet unique de création des entreprises, a single point (“one-stop shop”) for business creation.

Industrial installations presenting dangers or disadvantages are ranked according to the potential degree of severity. They are initially submitted either for declaration, or for authorisation, which gives rise to a national or provincial operating licence. 

  • Warehouses containing less than 25m3 of sawn wood and artisanal furniture manufacturers fall under category II. They are subjected to a preliminary declaration to the local environment administration. 
  • Sawmills and mechanical timber workshops with a maximum power of 7 hp and manual timber labour workshops in urban districts fall under category Ib. They must receive prior authorisation, granted by way of a provincial operating licence. 
  • Sawmills and mechanical timber workshops with power exceeding 7 hp, timber impregnation factories and logyards located in urban settings fall under category Ia. They must receive prior authorisation, granted by way of a national operating licence.

Before an operating licence can be issued, a preliminary public inquiry is conducted by the environment administration. If the installation could potentially have an impact on the environment, an environmental and social impact assessment is carried out instead.

The DRC's industrial processing units are all located in the town of Kinshasa, apart from two major industrial sites located in Nioki in Bandundu and Bumba in Équateur (NSIMBA, 2012).

Legally required documents
Applicable legislation
  • Law n°011/009 of 9 July 2011 on the fundamental principles relating to the protection of the environment;, 2011.
  • OHADA Uniform Act of 15 December 2010 on general commercial law;, 2010.
  • Decree n°13/015 of 29 May 2013 governing classified facilities;, 2013.
  • Ministerial Order n°024/CAB/MIN/ECN-DD/CJ/00/RBM/2016 of 9 February 2016 updating annex 1 of Decree n°13/015 of 29 May 2013 on the classification of category 1 installations;, 2016.
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1.24 Environmental Requirements for Processing
Last updated on 2021-08-25 No environmental and social impact assessment is carried out by the wood processing unit Specified RISK
In the majority of cases, factories are installed before the environmental and social impact assessment (ESIA) is carried out. The vast majority of companies do not pay close enough attention to the consideration of the environment in relation to their wood processing units and the ESIAs are not carried out.... VIEW MOREIn the majority of cases, factories are installed before the environmental and social impact assessment (ESIA) is carried out. The vast majority of companies do not pay close enough attention to the consideration of the environment in relation to their wood processing units and the ESIAs are not carried out.
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Environmental and social management plan
2
Verify Environmental and social impact assessment report
3
Verify Environmental certificate issued by the Congolese environment agency
4
Verify Report on the implementation of an environmental and social management plan
5
Consult with Mandated independent observer (OGF)

Verify that the environmental and social impact assessment was developed

6
Consult about land tenure rights with Societal players involved in land-related issues (WWF, RRN, etc.).

Verify that a Environmental and Social impact assessment was developed.

Description of legal requirements
Before the operation license is issued, the environmental and social impact assessment shall be carried out
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Before an operating licence is issued, if the installation could potentially have an impact on the environment, an environmental and social impact assessment (ESIA) is carried out. 
In general “all proposed infrastructure [...] that could have an impact on the environment [...] must be subjected to a preliminary environmental and social impact assessment, accompanied by a management plan” (Decree n°14/019). The Congolese Environment Agency may be called upon to determine whether the installation must be subjected to the ESIA or not.
Timber processing units may also be required to have an impact assessment carried out by a specialist consultant. If the ESIA result is acceptable, the Congolese Environment Agency issues an environmental certificate. After the successful ESIA, the measures provided for in the environmental and social management plan (ESMP) must be implemented at the timber processing unit.
Finally, all installations within the forest concession must be subjected to an environmental and social impact assessment. This includes industrial installations. The impact assessment must notably provide details of the land intended for use (natural elements, fauna, flora, running water, etc.) and determine the measures to protect the environment, reduce impacts or provide compensation. The operator must then draw up a site plan, detailing the position of the various activities and potential buildings. The site plan is approved by the forest administration. The special clauses of the concessionaire’s specifications (cahiers des charges) may also include specific obligations relating to the industrial installations.
 
Legally required documents
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1.26 Health and Safety in the Timber Processing Sector
Last updated on 2021-08-25 Obligations relating to the health of the workers are not respected Specified RISK
Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices. The potential risks are: Absence of any appropriate medical services (infirmary, first aid kit, partnership contract with a health centre, occupational doctor); (OI-FLEG/OGF, n°6-2016) Absence of a health and safety committee (for compan... VIEW MORE

Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices.

The potential risks are:

  • Absence of any appropriate medical services (infirmary, first aid kit, partnership contract with a health centre, occupational doctor); (OI-FLEG/OGF, n°6-2016)
  • Absence of a health and safety committee (for companies with more than 20 employees);
  • Workers are not provided with the appropriate care in the event of an accident or illness (Based on expert consultation, 2019);
  • Accidents at work are not declared to the National Social Security Institute (INSS) (Based on expert consultation, 2019)
  • Workers are not declared to the INSS (Based on expert consultation, 2019);
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Documents relating to the existence of a dedicated health service
2
Verify Documents relating to the existence of a health and safety committee
Applies for companies with more than 20 employees
3
Verify a sample of initial enrolment and annual medical examination reports
4
Verify documents relating to the provision of personal protective equipment to workers
5
Verify Proof that employees have been declared to the National Social Security Institute (INSS)
Description of legal requirements
Health and safety regulations shall be followed
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The employer must ensure that all work is carried out in appropriate conditions, both from a safety point of view and in terms of the health and dignity of the workers. Health and safety at work is notably ensured with a view to preventing accidents at work and to creating salubrious working conditions, etc. Every company is responsible for ensuring the provision of an occupational doctor’s services in order to ensure that the workers receive appropriate medical supervision and that victims of accidents or illness receive immediate care and assistance. The scale of the healthcare service is determined based on the size of the company. Its main role is to oversee all industrial hygiene conditions, the risks of contagion and the health of all individuals (and their partners and children) working for the employer. The criteria for employees and their families to be able to benefit from medical and medicinal coverage are established by order of the Minister of Labour. All workers and accidents at work must be declared to the National Social Security Institute.
Companies with more than 20 employees must have a dedicated Health and Safety Committee. The main purpose of this committee is to draw up and execute a policy for the prevention of accidents at work, and monitor the smooth running of the services responsible for ensuring health and safety at work. The manager of the company is responsible for submitting an annual action plan for the promotion of health and safety at work to the committee for its approval. The committee’s work is documented in a report submitted to the labour inspectorate. An annual report is also prepared and disclosed to the Ministry of Employment. 
The concession contract also stipulates the obligation for the logging company to provide its employees with health and safety equipment suitable for their roles, as well as appropriate first aid and medical care equipment. The Principles of Reduced Impact Logging (RIL) also outline the personal protective equipment required for logging operations.
Finally, all campsites located within the forest concession must be clean, ventilated and located near a permanent source or body of water, and, if possible, on the top of a hill. The concessionaire must also provide the camp with regularly tested drinking water. The workers’ accommodation must be equipped with clean running drinking water, lighting points, electrical outlets if possible, a rubbish chute, and sanitary facilities (showers and toilets connected to a septic tank). If the camp is not located near a village, the logging operator is also responsible for setting up an infirmary, a primary school, a shop, social and cultural facilities and a waste timber collection system for energy production.
Legally required documents
  • Accidents at work follow-up report
  • Health and safety committee annual report
  • Proof that employees have been declared to the National Social Security Institute (INSS)
  • Service or employment contract with a healthcare professional
Applicable legislation
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Art 1, annex 2 Art. 9.
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008, Art. 7 to 15.
  • Principles of Reduced Impact Logging (RIL);, section 2.2.
  • Law n°16/010 of 15 July 2016 amending and supplementing Law n°015-2002 of 16 October 2002 on the Labour Code;, 2002, Art. 187, 196 and 197.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 65.
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1.26 Health and Safety in the Timber Processing Sector
Last updated on 2021-08-25 Obligations relating to the safety of the workers are not respected Specified RISK
Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices. The potential risks are:No medical examinations are carried out annually or when workers are first hired (Based on expert consultation, 2019)Base camps are not complying with minimum legal requirements; (OI-FLEG/OGF, n°1-2013, n°-2015, ... VIEW MORE

Compliance with regulatory health and safety at work requirements is very poor across logging companies, unless they are part of a credible certification system that regularly audits health and safety practices. The potential risks are:

  • No medical examinations are carried out annually or when workers are first hired (Based on expert consultation, 2019)
  • Base camps are not complying with minimum legal requirements; (OI-FLEG/OGF, n°1-2013, n°-2015, n°6-2016, n°7-2017, n°11-2019, n°12-2019)
  • Absence of drinking water at sites and work premises; (OI-FLEG/OGF, n°5-2015, n°6-2016, n°7-2017)
  • Absence of appropriate personal protective equipment. (OI-FLEG/OGF, n°1-2013, n°7-2017, n°11-2019, n°12-2019)
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verification
1
Verify Documents relating to the existence of a dedicated health service
2
Verify Documents relating to the existence of a health and safety committee
Applies for companies with more than 20 employees
3
Verify A sample of initial enrolment and annual medical examination reports
4
Verify Documents relating to the provision of personal protective equipment to workers
5
Verify Proof that employees have been declared to the National Social Security Institute (INSS)
Description of legal requirements
Health and safety regulations shall be followed
VIEW MORE
The employer must ensure that all work is carried out in appropriate conditions, both from a safety point of view and in terms of the health and dignity of the workers. Health and safety at work is notably ensured with a view to preventing accidents at work and to creating salubrious working conditions, etc. Every company is responsible for ensuring the provision of an occupational doctor’s services in order to ensure that the workers receive appropriate medical supervision and that victims of accidents or illness receive immediate care and assistance. The scale of the healthcare service is determined based on the size of the company. Its main role is to oversee all industrial hygiene conditions, the risks of contagion and the health of all individuals (and their partners and children) working for the employer. The criteria for employees and their families to be able to benefit from medical and medicinal coverage are established by order of the Minister of Labour. All workers and accidents at work must be declared to the National Social Security Institute.
Companies with more than 20 employees must have a dedicated Health and Safety Committee. The main purpose of this committee is to draw up and execute a policy for the prevention of accidents at work, and monitor the smooth running of the services responsible for ensuring health and safety at work. The manager of the company is responsible for submitting an annual action plan for the promotion of health and safety at work to the committee for its approval. The committee’s work is documented in a report submitted to the labour inspectorate. An annual report is also prepared and disclosed to the Ministry of Employment. 
The concession contract also stipulates the obligation for the logging company to provide its employees with health and safety equipment suitable for their roles, as well as appropriate first aid and medical care equipment. The Principles of Reduced Impact Logging (RIL) also outline the personal protective equipment required for logging operations.
Finally, all campsites located within the forest concession must be clean, ventilated and located near a permanent source or body of water, and, if possible, on the top of a hill. The concessionaire must also provide the camp with regularly tested drinking water. The workers’ accommodation must be equipped with clean running drinking water, lighting points, electrical outlets if possible, a rubbish chute, and sanitary facilities (showers and toilets connected to a septic tank). If the camp is not located near a village, the logging operator is also responsible for setting up an infirmary, a primary school, a shop, social and cultural facilities and a waste timber collection system for energy production.
Legally required documents
  • Accidents at work follow-up report
  • Health and safety committee annual report
  • Proof that employees have been declared to the National Social Security Institute (INSS)
  • Service or employment contract with a healthcare professional
Applicable legislation
  • Ministerial Order n°028/CAB/MIN/-ECNT/15/JEB/08 of 7 August 2008 establishing model concession contracts for the harvesting of forest products and the related cahier des charges, Annex 2: Model cahier des charges for forest concession contracts;, Art 1, annex 2 Art. 9.
  • Ministerial Order n°021/CAB/MIN/ECN-T/15/JEB/2008 of 7 August 2008 regarding standards related to facilities to be set up within the forestry concessions;, 2008, Art. 7 to 15.
  • Principles of Reduced Impact Logging (RIL);, section 2.2.
  • Law n°16/010 of 15 July 2016 amending and supplementing Law n°015-2002 of 16 October 2002 on the Labour Code;, 2002, Art. 187, 196 and 197.
  • Ministerial Order n°84/CAB/MIN/ECNDD/CJ/00/RBM/2016 of 29 October 2016 on the conditions and rules for timber harvesting;, 2016, Art. 65.
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1.27 Legal Employment in The Timber Processing Sector
Last updated on 2021-08-25 Employment regulations are not respected (lack of compliant and registered employment contract, employees not paid by way of a payslip, employer not paying social contributions, workers' pay below the minimum wage) Specified RISK
Compliance with regulatory labour law requirements is very poor across logging companies (see for instance Global Witness, 2015), unless they are part of a credible certification system that regularly audits practices in terms of employment legality. The main breaches observed are as follows (Based on expert consultation, 2019): The company does not have any internal regulations validated by the labour inspectorate; The workers do not have an emp... VIEW MORE

Compliance with regulatory labour law requirements is very poor across logging companies (see for instance Global Witness, 2015), unless they are part of a credible certification system that regularly audits practices in terms of employment legality. The main breaches observed are as follows (Based on expert consultation, 2019):

  1. The company does not have any internal regulations validated by the labour inspectorate;
  2. The workers do not have an employment contract registered with the National Employment Office (ONEM);
  3. The company does not record or pay social security contributions for its workers;
  4. The workers are not given annual leave;
  5. The workers are not paid by way of a payslip;
  6. Workers without an employment contract are paid below the minimum wage.
References
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The risk applies to the following source types
  • Artisanal forest units
  • Industrial forest concessions
  • Local community forest concessions
  • Private planted or natural forests
Risk mitigation options
Document verificationField verification
1
Verify Employment contract
2
Verify Social security affiliation documents
3
Verify Payslips
4
Verify Minutes from the staff delegate elections
5
Check that emploment regulations are respected in Harvesting site
Check that there are no non-declared employees and/or employees below the age of 16 and/or forced labour
Description of legal requirements
Legal requirements of employment shall be followed
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The Congolese constitution prohibits slavery, cruel, inhumane or degrading treatment, and forced or obligatory labour. It recognises that all citizens have a right and a duty to work. It stipulates that the state must guarantee all citizens the right to work and must provide all workers with fair and satisfactory remuneration.
The Congolese Labour Code classifies working relationships into different types of contracts, including apprenticeships and employment. All employment contracts are either permanent or temporary. 
Employment contracts specify the obligations of the employee and the employer. There is a certain amount of information that they must stipulate (duration, nature, date of entry into force, remuneration, etc.). They must comply with all regulations, collective conventions and company rules. Apart from situations in which the worker is hired on the spot, employment contracts must be drawn up in writing and submitted for approval by the National Employment Office (Articles 21 and 47 of Law n°015/2002). The same applies for the termination of employment contracts (Article 33 of Law n°15/2002). All employees must be declared to the National Social Security Institute (INSS). 
Children below the age of 16 cannot be employed, however exemptions can be made from the age of 15 (with psychological/medical approval from an expert and the labour inspectorate) and for light and salubrious work. The worst forms of child labour are prohibited, as are tasks beyond their strengths or that expose them to high occupational hazards (notably including maintenance of machines and machinery, the driving of engines and equipment, the use and handling of saws, works that are carried out with dangerous tools or involve handling heavy loads, and any work presenting particularly high safety hazards). Workers under the age of 18 cannot work more than 8 hours a day. If the working period exceeds 4 hours a day, it must be split up by one or several rest periods of at least 1 hour. Workers below the age of 18 cannot work on Saturdays or Sundays. Wherever a company employs individuals below the age of 18, a list of said workers and their jobs must be drawn up by the employer, which must then be addressed to the competent labour inspectorate.
Remuneration must be at least equal to the daily minimum interprofessional wage (SMIG), which is set at 7,075 CFA francs per day for an ordinary labourer in 2018 (Decree n°18/017). This minimum wage increases depending on the worker’s category (specialist worker, semi-qualified, qualified, highly qualified, supervisory staff and employee) and how long the worker has been working continuously for the same company (3% increase per year). Workers must receive their remuneration by way of a payslip laid out in line with the template provided for by Ministerial Order n°12/CAB.MIN/ETPS/042. 
Workers have the right to form organisations for the purpose of defending and developing their professional interests. No prior authorisation is required to form a professional organisation, also known as a trade union. Trade unions are required to register with the Ministry of Labour. Employers are prohibited from hiring or dismissing a worker based on their affiliation or lack thereof with a professional organisation. Workers are also represented by an elected delegation.
Legally, workers cannot work more than 45 hours a week and 9 hours a day, unless exemptions are made at sector level by way of an order. The right to a weekly rest day and annual leave must be respected. The law stipulates the right to at least 1 working day of paid annual leave for each full month of service for workers aged 18 and over, and 1.5 working days for workers below the age of 18. This period is increased by one day per year for every 5 years of service at the company.
Companies must have a set of internal regulations, stamped by the Labour Inspectorate (Art. 321 of Law n°015/2002). 
In the event of force majeure, the employer may decide to interrupt its activities by agreement with the staff delegates and the administration. Main reasons include: forced leave (“congé technique”), scheduled shutdown (“arrêt technique”), financial problems, etc.
Pregnancy shall not constitute a source of employment discrimination. Any pregnant woman has the right to suspend her employment contract if a doctor believes that continuing to work constitutes a health risk. Any pregnant woman has the right to suspend her employment contract for fourteen consecutive weeks, a maximum of eight of which can be taken post-delivery and six before.
If a worker is transferred or required to work outside of their workplace, the employer is required to provide the worker and their family with appropriate housing or, failing that, appropriate compensation. The employer shall bear the consequent cost of transporting the worker from their place of residence to their workplace and vice versa.
Employers are obliged to ensure that the workers they employ receive professional training.
Legally required documents
  • Documents relating to workers’ trade union organisation memberships
  • Employment contract
  • Payslips
  • Workers’ National Social Security Institute (INSS) registration cards
Applicable legislation
  • Law n°16/010 of 15 July 2016 amending and supplementing Law n°015-2002 of 16 October 2002 on the Labour Code;, 2002.
  • Constitution of the Democratic Republic of the Congo, as revised by Law n°11/002 of 20 January 2011;, 2011.
  • Law n°011/001 of 10 January 2009 on child protection;, 2009.
  • Ministerial Order n°12/CAB.MIN/TPS/045/08 of 8 August 2008 establishing the conditions of child labour;, 2008.
  • Decree n°18/017 of 22 May 2018 setting the guaranteed interprofessional minimum wage, the minimum family allowances and the equivalent value of housing;, 2018, Art. 2, 7, annex.
  • Ministerial Order n°12/CAB.MIN/ETPS/ 042 of 8 August 2008 establishing a model payroll and written statement of remuneration., 2008.
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