DR Congo: Kashal's Team Disputes ARSP Attestation Figures

In the Democratic Republic of Congo, on October 22, 2026, the communication cell of Miguel Kashal Katemb, former Director General of the Regulatory Authority for Subcontracting in the Private Sector (ARSP), publicly contested the figure of 80 attestations reportedly issued between 2020 and 2025, a number advanced by the current Director General, Ted Beleshayi.

This dispute highlights potential issues of transparency and accountability within a key regulatory body in the DRC, the ARSP, which is responsible for overseeing subcontracting activities in the private sector. For businesses operating or seeking to operate in the DRC, particularly those involved in subcontracting, discrepancies in official figures regarding regulatory compliance documents can create uncertainty, expose them to potential legal challenges, or signal deeper administrative irregularities that could impact their operations and legal standing. The integrity of such regulatory processes is crucial for investor confidence and the predictability of the business environment, as any perceived lack of transparency can deter investment and foster an environment of distrust.

The ARSP operates under specific legal frameworks governing subcontracting in the DRC, primarily Law No. 17/001 of February 8, 2017, on subcontracting in the private sector, and its implementing decrees. This legislation aims to promote local content and ensure fair competition by regulating the participation of Congolese companies in subcontracting activities. The "attestations" likely refer to official certifications or approvals issued by ARSP, which are mandatory for companies to engage in subcontracting. Disputes over the number of such attestations could imply questions about the proper application of these laws, the validity of certain documents, or even potential administrative misconduct during different leadership tenures. The legal framework emphasizes the ARSP's role in ensuring compliance and transparency, making any challenge to its official figures a matter of public and legal concern, though the outcome of this matter is not yet reported.

The key parties involved are Miguel Kashal Katemb, the former Director General of ARSP, represented by his communication cell; Ted Beleshayi, the current Director General of ARSP; and the ARSP itself, as the regulatory body. While the excerpt does not report an outcome, the public nature of the contestation suggests an ongoing administrative or political disagreement rather than a formal judicial proceeding at this stage, potentially leading to further investigations or clarifications from the regulatory authority.

Attorneys advising clients on business operations in the DRC, especially in sectors requiring subcontracting, should closely monitor developments related to ARSP's internal governance and the validity of regulatory documents. It is crucial to verify the authenticity and proper issuance of all required attestations and to understand the implications of any discrepancies in official records. Businesses should conduct thorough due diligence on their subcontracting partners and ensure their own compliance with ARSP regulations, being mindful that past administrative practices might come under scrutiny. This situation underscores the importance of robust compliance frameworks and clear communication with regulatory bodies to mitigate legal and operational risks.