Buying reagents for a mine in the DRC is not only a matter of price and lead time. Since 2017 the country has a subcontracting law that decides who is allowed to sell you those reagents, a regulator that enforces it, and, since January 2026, an explicit ban on mining companies trading strategic inputs themselves. Add the customs regime of the Mining Code and the rules on dangerous goods, and a non-compliant purchase can cost more in penalties and delays than the reagent itself. This guide sets out the framework as it stands in September 2026. It is general information, not legal advice; check the current texts with counsel before contracting.
1. The subcontracting law and the 51% rule
Law 17/001 of 8 February 2017 lays down the rules for subcontracting in the private sector. It defines subcontracting as a principal company entrusting ancillary, related or partial main activities to another company, and it reserves that activity to companies with majority Congolese capital, at least 51% held by Congolese nationals, promoted by Congolese, with their head office in the DRC and predominantly Congolese management and staff (article 6) [1][2]. For a mine, the supply of reagents, transport, maintenance and site services all fall in the scope. The regulator is the Autorité de Régulation de la Sous-traitance dans le Secteur Privé (ARSP), a public body created in 2018 [1].
2. Registration of subcontractors
Ministerial order 02/CAB/MIN/CMPMEA/2021 of 6 January 2021 sets the conditions for identifying and registering companies eligible to subcontract. In practice a supplier must be registered with the ARSP and hold a valid attestation; a mine that contracts an unregistered supplier exposes itself to sanctions [3]. The ARSP's own figures show the size of the market: subcontracting turnover grew from US$300 million in 2022 to US$2.4 billion in 2024, before easing to an estimated US$1.7 billion in 2025 [4]. In May 2026 the regulator stepped up compliance inspections in mining companies in Haut-Katanga [5].
3. Derogations for foreign or non-compliant suppliers
Where the required expertise is unavailable or inaccessible in the DRC, ministerial order 03/CAB/MIN/CMPMEA/2021 allows a derogation. The request goes to the ARSP, which must answer within 30 working days; the derogation is free of charge, may be temporary (six months) or permanent depending on the contract, and carries a 1.2% levy on invoiced amounts excluding VAT plus an obligation to train Congolese staff [2][6]. The burden of proof lies with the applicant, and at a September 2025 information session organised by the Fédération des Entreprises du Congo, companies raised the lack of a clear definition of local unavailability and the difficulty of renewing attestations [6]. In plain terms: relying on a foreign supplier without a derogation is a risk you carry, not the supplier.
4. Since January 2026: miners may no longer trade reagents themselves
On 12 January 2026 the ARSP formally prohibited, without exception, any mining company operating in the DRC from directly commercialising mining reagents such as sulphuric acid, quicklime, coal and similar inputs, on the ground that trading these products falls outside the corporate purpose of a mining company. The activity is reserved to approved subcontractors [7]. For procurement teams this closes the option of buying surplus acid from a neighbouring mine's trading arm and pushes the whole flow through registered Congolese suppliers.
5. Customs: the Mining Code regime
Holders of mining rights import inputs under the customs and tax regime of the Mining Code (law 007/2002 as amended by law 18/001 of 9 March 2018), which grants preferential import duty rates on consumables listed for the mining activity, subject to the goods being declared under the mining company's approved list and used on the permit. The practical conditions are that the importer of record, the consignee and the end user line up on the documents, and that the supplier can produce a commercial invoice, packing list, certificate of analysis and, for chemicals, a safety data sheet in French. Mismatches between these documents are the most frequent cause of trucks held at Kasumbalesa.
6. Dangerous goods on the road
Sulphuric acid (UN 1830, class 8), sodium hydrosulphide solution (UN 2949, class 8), caustic soda (UN 1823/1824, class 8) and sodium sulphide (UN 1385, class 4.2) are all regulated dangerous goods. Along the corridors from Dar es Salaam, Durban or Walvis Bay, that means placarded vehicles, driver training certificates, emergency information and compatible packaging. A shipment refused at a border for a missing placard sits in the queue at your cost. Contract the transport with the reagent, and make the supplier responsible for the dangerous-goods file.
Buyer's checklist
- The supplier is a Congolese company with at least 51% Congolese capital, registered with the ARSP, with a valid attestation.
- If not, a written ARSP derogation exists for this contract, and the 1.2% levy and training obligation are budgeted.
- The reagent is not bought from another mining company's trading activity (banned since January 2026).
- Invoice, packing list, certificate of analysis and French safety data sheet name the same importer and consignee.
- Dangerous-goods transport (placards, trained driver, emergency card) is in the supplier's scope.
- The purchase is declared under the mine's approved list for the Mining Code customs regime.
PANATRADE SARL is a Congolese company registered as a subcontractor for the mining sector, supplying reagents, chemicals and equipment to operations in Lualaba, Haut-Katanga and Tanganyika. Compliance documentation is part of every delivery, not an option.
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- Djedi Djongambolo Ohonge D. — L'admissibilité d'une entreprise étrangère à la sous-traitance en RDC, Village de la Justice, Juin 2023.
- Quid de la sous-traitance en République démocratique du Congo, Avocats.cd, 2021.
- Arrêté ministériel n° 02/CAB/MIN/CMPMEA/2021 du 6 janvier 2021 fixant les conditions et modalités d'identification et d'enregistrement des entreprises éligibles à la sous-traitance, Leganet.cd, 6 Jan 2021.
- RDC : le marché de la sous-traitance en baisse à 1,7 milliard USD en 2025, DeskEco, 28 Apr 2026.
- Contrôle de conformité dans le Haut-Katanga : Miguel Kashal intensifie la régulation de la sous-traitance dans les entreprises minières, 7sur7.cd, 24 May 2026.
- Retour sur la matinée d'échanges sur les dérogations de l'ARSP, Fédération des Entreprises du Congo, 19 Sep 2025.
- L'ARSP interdit formellement à toute entreprise minière la commercialisation directe des réactifs miniers (acide sulfurique, chaux vive, charbon et assimilés), ARSP, communiqué, 12 Jan 2026.
Figures quoted are those published by the sources listed above at the date of writing; they vary by site and over time. This article is general information, not process or legal advice.
