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Interdepartmental Decree No. 25/CAB/VPM/MIN/ INTERSEC/024/2015, No. 003/ CAB/VPM/PTNTIC/ 2015, No.MDNAC-RCAB/009/2015, No. 004/CAB/MIN/JES/2015, No. CAB/MIN. FINANCES/2015/0144 No. 008/CAB/MIN/CM/LMO/2015

Deputy Prime Minister, Minister of the Interior and Security; Deputy Prime Minister, Minister of Posts, Telecommunications and News Information and Communication Technologies; Minister of National Defence, Veterans Affairs and Reintegration; Minister of Justice, Guard of Seals and Human Rights; Minister of Finance; Minister of Communications and Media,

In view of the Constitution, as amended by Act No. 11/002 of 20 January 2011 revising certain articles of the Constitution of 18 February 2006, specifically in its article 93;

In light of Framework Law No. 013/2002 of 16 October 2002 on Telecommunications in the Democratic Republic of the Congo, especially in its articles 6th, 46, 50, 55, 59, 60 and 68;

Having regard to the Decree-Law No. 13/002 of 23 February 2013 establishing the nomenclature of the duties, taxes and royalties of the central government;

Having regard to Order No. 15/014 of 21 March 2015 concerning the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government, as well as between the members of the Government, especially articles 2, 3 and 12;

Having regard to Order No. 15/015 of 21 March 2015 establishing the powers of the Ministries;

Having regard to Order No. 014/078 of 07 December 2014 appointing Deputy Prime Ministers, Ministers of State, Ministers and Vice-Ministers; Revu l’Arrêté interministériel n°068/CAB/MIN/INTERSEC/2009, n°212/CAB/MIN/J/2009, n°CAB/MIN/PTT/011/2009 of 21 December 2009 amending and supplementing the Interdepartmental Decree n°25/CAB/MINETAT/INTERDESEC/010/2008 and n°003/CAB/MIN/

Considering Decision No. 005/ARPTC/CLG/2007 of 29 June 2007 of the College of the Authority for the Regulation of the Post and Telecommunications of the Congo, in acronym ARPTC, identifying subscribers of mobile phone services;

Taking into account the minutes dated 16 December 2009, which sanctioned the consultations between representatives of private operators in the telecommunications sector, the ATRC and Government delegates, on the evaluation of the compulsory identification of subscribers; Considering the consultations conducted on the dates of 07 and 22 April 2015 with the operators of open-ended telecommunications networks and suppliers;

Considering the need to determine the legal, security and financial measures to the mandatory identification of subscribers of telephony and Internet access services open to the public and the modalities for the activation, deactivation and reactivation of subscribers; Considering necessity and urgency;

ARRETENT

Article 1 This Interdepartmental Order sets out the terms and conditions for identifying and subscribing to the subscription to public telephony and Internet access services, as well as the conditions for the activation, deactivation and reactivation of subscribers in the Democratic Republic of the Congo

Article 2 Every operator of a telecommunications network open to the public or any provider of Internet access services is required to identify its subscribers at the time of subscription to telecommunication services in postpaid or prepaid mode.

For this purpose, it shall keep the fact sheets duly completed by its subscribers, which must contain the material mentions that have been made in article 3 of this Interdepartmental Order. Prohibited:

- Identification by proxy, telephone call, SMS, e-mail or any mode other than the physical report card;

- Pre-activation of any SIM before identifying its subscriber.

Article 3 For sufficient identification, the subscriber’s log must contain the following substantive minimum information:

(a) For legal persons:

• reason or name;

• The number of the Trade and Trade Credit Register (RCCM) or the equivalent and number of National Identification (IDN) for commercial legal persons;

• The references of the Ministerial Decree on the Granting of the Legal Personality for the Asbl and the Establishments of Public Use;

• The address of the head office;

• The e-mail address;

• The name and contact information of a natural person, a statutory agent or a delegate;

• The commitment, signed and dated, of the statutory agent or his or her delegate, mentioning his or her criminal responsibility in the event of false information on the record.

Any false statement exposes the legal person; taken into the person of his or her statutory agent, to legal proceedings.

(b) For natural persons:

• Name, post-name and/or first name;

• The physical address;

• Nationality;

• The place and date of birth;

• The type and number of the identity document;

• Two telephone numbers of people to be prevented if necessary;

• The commitment, signed and dated, of the subscriber mentioning his criminal responsibility in the event of a false statement on the record.

In the event of a change of any substantive reference required on the identification card, the subscriber is required to notify the operator of the network or its service provider within fifteen (15) working days.

Article 4 Legal persons and public services must keep up to date the list of natural persons using the numbers or connections they subscribed to.

Article 5 The identification is based on a valid identification document that is submitted and duly retained in physical or electronic format by the operator or service provider. For nationals, the identity of the subscriber is identified on the basis of one of the following documents: identity card, voter card, driver’s license, passport, service card, student card, student card or residence certificate issued by a politico-administrative authority of his place of residence (neighborhood, locality, chiefdom, sector, municipality, territory).

For foreigners, the identity is identified on the basis of a valid passport, accompanied by the resident card or work card as appropriate. For the resident, the address must be the place of residence in Congolese territory.

For the non-resident, the address must correspond to the domicile elected in Congolese territory, proof of residence being authentic. For legal persons whose headquarters are located in the Democratic Republic of the Congo or abroad, identification is based on information contained in the social statutes, the headquarters agreement or the framework agreement.

This information is necessarily accompanied by the full identity of the natural person, a statutory agent or a delegate. In the case of a minor of age, subscription to the subscription is made by the person exercising parental or guardian authority over him.

Article 6 The operator of a telecommunications network open to the public or the provider of Internet access services in the Democratic Republic of the Congo can only activate on its network the number or connection of the subscriber that has been previously identified.

For any number or connection activated without its user having been previously identified, the operator or supplier concerned will be sanctioned in accordance with Article 12 of this Interdepartmental Order.

Any discovery by the operator, by the provider of Internet access services or by the State, of an activated number or connection whose user has not been previously identified, requires the user to immediately disable the number or connection under penalty of sanctions, rights and penalties provided for in articles 12 and/or 14 of this Interdepartmental Order.

Article 7 The operator of a network or the provider of open-ended telecommunications services shall be held incommunicado of information collected from its subscribers. With the consent of the subscriber, any dissemination of such information shall expose the operator or supplier to the sanctions provided by the legal and regulatory provisions in force in the Democratic Republic of the Congo.

However, for compelling reasons related to the internal and/or external security of the State or in the event of information or legal proceedings, and on requisition duly signed by a competent authority of the competent ministries and services, the operator of a network or the service provider is obliged to perform with due diligence the duties prescribed to it.

Article 8 The operator of a network or the provider of open telecommunications services to the public is required to immediately suspend the service of the number or connection of any subscriber found not or insufficiently identified in accordance with the procedure described in Appendix 3 to this Interdepartmental Order.

In no case shall the operator of a network or the provider of open telecommunications services be liable to the subscriber, penalties, refunds of communication credits or damages and interests of any kind, as a result of the interruption of service resulting from the failure of the subscriber to the requirement of identification or in the event of an insufficient identification, as a result of the failure to comply with the obligation of identification

Article 9 In the event of a service suspension, the operator of a network or the provider of open telecommunications services to the public shall grant its subscribers a period of thirty (30) days from the effective date of suspension of the service to enable them to identify themselves.

During the service suspension period, the following steps will be taken:

• Notification by the operator or supplier of the notice of cut-off within 48 hours;

• Breaking out calls within five (05) days;

• Cuts of incoming calls within seven (07) days;

• Call cuts to the customer service within thirty (30) days and emergency numbers. After this period, the operator or supplier shall terminate the service.

The reassignment of a number or connection following the non-identification of the subscriber does not entail any criminal or civil liability of the operator or supplier.

Article 10 In the event of the transfer of the number or connection, the assignor must report the assignment to the operator or supplier.

The assignee is required to be identified in turn, in accordance with the regulations in force.

Article 11 The operator of a network or telecommunications service provider open to the public retains the physical identification elements of subscribers in accordance with the law. However, it is required to retain the identification elements of its subscribers as well as the IMEI coordinates attached to the number or connection, in digital format throughout the subscription period.

However, electronic subscriber identification elements may be removed from the database, six (06) months after the actual termination of the subscription, termination of supply or any activity on the operator’s or supplier’s network.

In all cases, the operator of a network or the provider of open telecommunications services to the public is required to communicate to the relevant State services the identification elements of the subscribers contained in its database, before any termination, withdrawal or overhaul.

Article 12 Subject to the provisions of the Criminal Code, any operator of a network or any provider of telecommunications services open to the public who has not identified or has insufficiently identified its subscribers or who fails to interrupt the service to an unidentified or insufficiently identified subscriber, shall be liable to the penalties, rights and penalties provided for by law.

The rates of fees and penalties are fixed by the Interdepartmental Order of Ministers with Finance and Telecommunications in their responsibilities.

The operator or supplier is required to pay the rights relating to the public treasury in accordance with the applicable legal and regulatory provisions.

Article 13 Any subscriber whose service has been suspended for failure or lack of identification, will pay fees and penalties in accordance with the law, prior to the re-establishment of the service. The rates of fees and penalties are fixed by the Interdepartmental Order of Ministers with Finance and Telecommunications in their responsibilities. The fees and penalties are paid to the public treasury by the subscriber concerned.

The network operator or telecommunications service provider will only be able to reactivate the service upon presentation of proof of payment by the sanctioned subscriber.

Article 14 Subject to the provisions of the Criminal Code, in the event of a breach of the security of the State or of a serious violation of the law or of the regulations relating to the identification and subscription to the telecommunications services or access to the Internet services, the operator or supplier may be subject to the limitation of its operating rights, the suspension or the withdrawal of its operating authorization or its licence to the Democratic Republic,

Article 15 Without prejudice to the provisions set out in section 46 of Framework Law No. 013/2002 of 16 October 2002 on telecommunications in the Democratic Republic of the Congo, the procedure for activation, provisional or final deactivation and reactivation is resumed in Appendix 3 to this Interdepartmental Order.

Article 16 In order to facilitate the implementation of the activation, provisional or final deactivation and reactivation measures provided for in this Interdepartmental Order, a joint commission shall be established to monitor and monitor the implementation of measures relating to the mandatory identification of subscribers to telecommunications services.

This commission, made available to each operator or supplier, will be composed of experts from various institutions of the Republic, including:

• the relevant ministries and public services in the areas of interior and security, national defence, justice, finance, telecommunications and the media;

• of the Congo Post and Telecommunications Authority, ARPTC in acronym.

The delegates of the network operators and providers of open telecommunications services to the public, those of the Federation of Companies of the Congo, FEC in acronym and those of the public operator are also members of the joint commission.

Experts from institutions, ministries and various departments of the State, as well as delegates from the private sector and the public operator, are designated by Interdepartmental Decree, on the proposal of their respective hierarchies. The missions, organization and operation of the Joint Commission shall be determined by Inter-Ministerial Order.

Article 17 Any earlier provisions contrary to this Interdepartmental Order shall be repealed.

Article 18 The Secretaries General to the Ministries of the Interior and Security, National Defence, Veterans Affairs and Reintegration, Justice, Guard of the Seals and Human Rights, Finance, Posts, Telecommunications and News Technologies of Information and Communication and Media, and the President of the College of the Authority for the Regulation of the Post and Telecommunications of the Congo, shall be responsible for the execution of the term

Thus done in Kinshasa on 19 May 2015

ANNEX 3 PROCEDURES FOR ACTIVATION, DESACTIVATION, REACTIVATION AND PAYMENT OF HUMAN RIGHTS AND

I. Service Activation

The activation procedure takes two steps:

- Prior identification of the subscriber in postpaid or prepaid mode;

- Activation of the number or connection.

II. Deactivation of the service

The deactivation procedure, provided for in Articles 6, 8, 9 and 15 of this Interdepartmental Order, distinguishes two categories of subscribers:

1. Former subscriber :

- Is considered a previous subscriber, the subscriber whose number or connection has been activated by the date of signature of this Interdepartmental Order;

2. New subscriber:

- Is considered a new subscriber, the subscriber whose number or connection is activated after the date of the signature of this Interdepartmental Order;

- at the expiry of the thirty (30) day period, from the date of activation of the number or connection, the new subscriber is deemed to be old.

II.1. For former unidentified subscribers on the date of signature of this Interdepartmental Order

Under a requisition duly signed by a competent authority, the operator of a network or the provider of open telecommunications services to the public undertakes the following duties:

(a) Audit of substantial identification elements for each subscriber;

(b) Joint establishment of a non-identification report duly signed by the members present of the joint commission;

(c) Receipt of the minutes by the operator or supplier for the interruption of services, the acknowledgement of receipt being authentic;

(d) Deactivation of the number or connection.

II.2. For former unidentified subscribers

Under a requisition duly signed by a competent authority, the operator of a network or the provider of open telecommunications services to the public undertakes the following duties:

(a) Audit of substantial identification elements for each subscriber;

(b) Complement of missing substantive elements within thirty(30) days granted to it by members of the mixed commission;

(c) Receipt of the minutes by the operator or supplier for the interruption of services, the acknowledgement of receipt being authentic;

(d) Deactivation of the number or connection.

III. Reactivation of a number or connection deactivated for failure or lack of identification

The operator of a network or the provider of open telecommunications services to the public receives the request for reactivation of the subscriber and performs the following duties:

(a) Identification of the subscriber in accordance with the requirements of the regulations in this regard, after production by the subscriber concerned of proof of payment of fees and penalties to the Public Treasury;

(b) Provision of substantial elements to the joint commission with a requisition duly signed by a competent authority;

(c) Reactivation following the ad hoc minutes;

(d) Notification to the joint reactivation commission.

IV. Payment of fees and penalties

The fees and penalties as provided for in sections 12 and 13 of this Interdepartmental Order are in accordance with Framework Law No. 013/2002 of 16 October 2002 on telecommunications in the Democratic Republic of the Congo, as well as Regulation No. 13/002 of 23 February 2013 establishing the nomenclature of the duties, taxes and royalties of the central government.

They are enforceable by the failure to comply, in the head of the network operator, the telecommunications service provider or subscriber, with articles 3 and 6 of this Interdepartmental Order, duly recognized by a record of the ad hoc joint commission.

These fees and penalties are paid to the Public Treasury account in accordance with the relevant legislation.

Views to be annexed to the Interdepartmental Order No. 25/CAB/VPM/MIN/INTERSEC/024/2015, No. 003/CAB/VPM/PTNTIC/2015, No.MDNACR/CAB/ 009/2015, No. 004/CAB/MIN/JảDH/2015, No. CAB/MIN. FINANCIAL/2015/0144, No. 008/CAB/MIN/CM/LMO/2015 of 19 May 2015