ARSP: Injonction to Regularize Contrats Sous-Traitance in RDC for Mining Firms

• The ARSP issued Decision n°025/ARSP/DG/2026 on September 18, 2026, publicly announced four days later.
• This decision constitutes an injunction against KAI PENG MINING and COMILU regarding their subcontracting contracts.
• The companies are required to terminate agreements with ineligible subcontractors immediately.
• A mandatory corrective action plan must be submitted by the targeted firms within 30 days.
• The ARSP's action aims to enforce compliance with subcontracting regulations in the DRC's private sector.

The ARSP's mandate is to ensure fair competition, promote local content, and prevent illicit practices within the private sector's supply chains.

The Autorité de Régulation de la Sous-traitance dans le Secteur Privé (ARSP) has recently taken decisive action to enforce compliance within the Democratic Republic of Congo's (DRC) private sector. On September 22, 2026, the regulatory body announced the immediate implementation of Decision n°025/ARSP/DG/2026, which was formally issued on September 18, 2026. This significant regulatory move underscores the ARSP's commitment to overseeing and standardizing subcontracting practices across the nation.

The decision specifically targets two prominent entities, KAI PENG MINING and COMILU, issuing a direct injunction for them to regularize their existing subcontracting agreements. This intervention highlights the ARSP's proactive stance in ensuring that all `contrats sous-traitance` adhere to established legal frameworks and eligibility criteria within the `RDC`. The announcement of this `ARSP injonction` signals a period of heightened scrutiny for companies operating in the region, particularly those engaging in extensive subcontracting activities.

The core of the ARSP's directive, outlined in Decision n°025/ARSP/DG/2026, imposes two critical requirements on KAI PENG MINING and COMILU. Firstly, both companies are mandated to immediately cease all contractual relationships with any subcontractors deemed ineligible under the prevailing regulations. This necessitates a thorough review of their current vendor lists and an abrupt termination of non-compliant agreements.

Secondly, the injunction stipulates that the affected companies must develop and submit a comprehensive corrective action plan within a strict 30-day timeframe. This plan is designed to detail how they intend to bring all their `contrats sous-traitance` into full compliance with the regulatory standards set by the ARSP. The short deadline emphasizes the urgency with which the ARSP expects these companies to rectify their operational deficiencies and align with the legal requirements governing subcontracting in the `RDC`.

This recent `ARSP injonction` against KAI PENG MINING and COMILU serves as a clear demonstration of the regulatory body's authority and its ongoing efforts to professionalize the subcontracting landscape in the `RDC`. The ARSP's mandate is to ensure fair competition, promote local content, and prevent illicit practices within the private sector's supply chains. By targeting specific companies with such direct orders, the ARSP reinforces its role as a vigilant guardian of economic integrity.

The decision's public announcement on September 22, 2026, following its issuance on September 18, 2026, also acts as a broader warning to other companies operating in the `RDC`. It signals that the ARSP is actively monitoring `contrats sous-traitance` and is prepared to intervene decisively when non-compliance is identified. This regulatory action is crucial for fostering a transparent and equitable business environment, ultimately benefiting local enterprises and the national economy.

Source: Original reporting via {source}