Interdepartmental Decree No.008/CAB/MIN/ ECONAT/2015, No.003/CAB/MIN/FINANCES/2015 and No.002/CAB/MIN/TVC/2015 of 09 March 2015 establishing an additional quotity to the shipping fee for the Congolese fleet

Minister of National Economy,

Minister of Finance and Minister of Transport and Communication Paths,

Having regard to the Constitution, as amended by Act No. 11/002 of 20 January 2011 on the revision of certain articles of the Constitution of the Democratic Republic of the Congo of 18 February 2006, specifically in its article 93;

In light of Act No. 08/007 of 07 July 2008 on general provisions relating to the transformation of public enterprises;

Having regard to Order No. 72-225 of 26 February 1972 establishing a fee for navigation to the shipowners or owners of the buildings that make or are intended to make lucrative navigation operations on inland waterways;

Having regard to Orders No.72-421 and No.78-139, respectively, of November 03, 1972 and March 29, 1978, amending the navigation and pilotage fees for ships calling at one of the ports of Bas-Congo;

Having regard to Order No. 12/007 of 11 June 2012 on the organization and operation of the Government, the practical modalities for the collaboration between the President of the Republic and the Government, as well as between the members of the Government;

Having regard to Order No. 12/008 of 11 June 2012 establishing the powers of the Ministries;

Having regard to Order No. 14/078 of 07 December 2014 appointing Deputy Prime Ministers, Ministers of State, Ministers and Vice-Ministers;

In view of Decree No. 09/12 of 24 April 2009 establishing a list of public enterprises transformed into a commercial company, public institutions and public services;

Considering the statutes of the Congolese Seaway, "CVM" SA, Considering the twinning between the marine ports of the Democratic Republic of the Congo and the Port of Antwerp International (PAI);

Considering the strategic character of the Congolese Fleve maritime bief in the disenclavement of the Democratic Republic of the Congo and in the supply of the western part of the country;

Considering that the equipment and equipment of the Congolese Seaway for the maintenance and maintenance of the Congo River bief is not in a position to guarantee the required hold by ships to the Congolese seaports;

Considering that the current resources of the Congolese Seaway do not allow it to acquire the new equipment and equipment to ensure the satisfactory and ongoing maintenance and maintenance of the Maritime Bief of the River Congo;

Considering the recurring instability of the calaison offered to the ships to the ports of Boma and Matadi, due to the regular enchantment of the sea bief of the River Congo;

Considering the need to establish an additional quotity on navigation fees, to permanently remedy this situation;

Considering that the Government decided, at the meeting of the thematic group “Productive Sector” of 30 September 2013, that a partnership contract be concluded between the Congolese Seaway (CVM) and the Dredging International (DI), for the complementary dredging operations of the Maritime Bief of the River Congo;

Considering that the marine operators, through their letter No.DEFD/RM/F.1361/2012 of 13 December 2012, expressed their approval for the financing of the complementary dredging work of the Fleuve Congo marine bief, through the introduction of an additional quotity to the navigation fee on the marine bief;

Considering the emergency;

ARRETENT

Article 1 The purpose of this Order is to establish an additional quotity to the shipping fee on the Fleuve Congo marine bief and to determine the terms and conditions of its assignment.

Article 2 Additional navigation fee

An additional quotity shall be established to the shipping fee, which shall be borne by vessels located in the territorial waters of the Democratic Republic of the Congo, to or from one of the seaports, excluding petroleum vessels in fuel supply, loading the Congolese crude or delivering fuel. The additional quotity to the navigation fee referred to in the preceding paragraph is 2.47 euros per ton of gross tonnage (TJB).

It is payable by the shipowners of the above-mentioned vessels, through the shipping agents, on the basis of an invoice issued by the Congolese Seaway.

Article 3 From assignment

The additional quotity of the royalty established by this Order shall be assigned to:

- the execution of the complementary dredging work of the Fleuve Congo marine bief, in order to obtain and maintain a minimum of 26 feet throughout the year over the entire said bief for the duration of the CVM-DI partnership;

- the acquisition of a dredged and possibly other similar equipment and equipment by the MVC as part of this partnership;

- capacity-building of the CVM technical staff.

Article 4 Creation of a special partnership account A special account of the partnership shall be established, consisting of resources derived from the additional quotity of the navigation fee paid by the vessels referred to in Article 2 of this Order.

The special account of the paretenariat is managed by a Management Committee referred to in section 5 below.

Article 5 of the Stewardship Committee There is a Stewardship Committee composed of two delegates from the CVM and two delegates from Dredging International. The Stewardship Committee is placed under the authority of the Monitoring and Evaluation Committee.

Article 6 Partnership Special Account Management Reports The Partnership Special Account Stewardship Committee shall prepare or prepare a quarterly report, no later than 15 days after each quarter, and an annual report no later than 60 days after the period in question on the management of that account, to be sent to the monitoring and evaluation committee.

Article 7 Expenditures eligible for the special partnership account resources The costs of carrying out the activities referred to in Article 3 of this Order are eligible for the financing of the resources of the special partnership account.

Article 8 of the Monitoring and Evaluation Committee A CVM-DI Partnership Monitoring and Evaluation Committee is established. The Monitoring and Evaluation Committee is composed as follows:

1. A representative of the Ministry of Transport and Communication Paths;

2. A representative of the Ministry of Portfolio;

3. A representative of the Ministry of Finance;

4. A representative of the Ministry of National Economy;

5. Two representatives of the CVM;

6. Two representatives from Dredging International

7. Two representatives of the Federation of Companies of the Congo (FEC);

8. A representative of the port of Antwerpinternational.

The representative of the Ministry of Transport and Communication Paths and of the Ministry of the Portfolio, respectively, provided the Chair and Vice-Chair of the Follow-up Committee. The Technical Secretariat is provided by a CVM delegate and a DI delegate.

Article 9 Monitoring and Evaluation Committee missions The Monitoring and Evaluation Committee monitors and monitors the activities of the partnership. In particular, it is responsible for:

- follow the complementary dredging work carried out within the framework of the partnership;

- follow the acquisitions by the CSA of the equipment and equipment financed by the special private public partnership account;

- follow the implementation of the MVC technical staff training plan, defined by the partners;

- follow up on the successful implementation of the spending plan established by the partnership;

- review and assess the management report of the special partnership account; - review the annual audit report prepared by external auditors;

- make recommendations of the Stewardship Committee in relation to the activities of the partnership;

- report to the Government (Ministry of Transport and Communication Paths, Portfolio and Finance) on the activities of the partnership.

Article 10 The functioning of the Monitoring and Evaluation Committee The modalities for the operation of the Monitoring and Evaluation Committee are set out in its rules of procedure.

Article 11 Tax and Customs exemptions

All the activities of the partners and their respective subcontracts, in connection with the execution and realization of the complementary dredging of the marine bief, as well as the additional quotity of the navigation fee, shall be exempt from all duties, taxes and taxes, direct and indirect, tax fees shall be resumed in the annex to this Order.

Article 12 Audit of accounts Accounts, written records and financial statements relating to the management of the special partnership account may be audited annually by independent external auditors recruited by the Stewardship Committee in accordance with the procedures for use. External auditors have, collegially or individually, a right of verification and control over all operations related to the management of the special partnership account. They issue an opinion in the form of an annual audit report.

Article 13 Final provisions The Secretaries General to Finance, National Economy, Transport and Communication Paths are responsible, each with regard to it, for the execution of this Inter-Ministerial Order which comes into force on the date of its signature.

Done in Kinshasa, March 09, 2015

Annex to the Interdepartmental Decree No. 008/CAB/MIN/ECONAT/2015, No. 003 CAB/MIN/FINANCES/2015 and No.002/CAB/MIN/TVC/2015 of 09/03/2015 establishing an additional quotity to the shipping fee on the Congo River

1. Duty to import dredged dredged for further dredging work;

2. Duty to import Auxiliary Units (Hydrographics, Tugs and Crew Transport Units)

3. Duty to import topography, hydrography and computer equipment from the project;

4. Duty to import of project ground transportation equipment (vehicles)

5. Duty to import spare parts of the dredged, unit of bondage, computer equipment, topographical equipment, hydrographic equipment of the project;

6. Duty to import movable property, premises, offices and housing of the project;

7. Value added tax on equipment, equipment and materials for the project (VAT);

8. Right to stamp;

9. Right of registration;

10. Right to enlist crews on board the dredged and its units;

11. Taxes on the benefits and profit of the project;

12. Professional tax on exceptional remuneration and taxes on expatriate remuneration;

13. Social security of expatriates;

14. Furniture taxes;

15. Taxes on profits and profits on services;

16. Securities Income Tax (remittance tax)

Seen to be annexed to the Interdepartmental Order No. 008/CAB/MIN/ECONAT/2015, No. 003/CAB/MIN/ FINANCES/2015 and No. 002/CAB/MIN/TVC/2015 of 09 March 2015 establishing an additional quotity to the shipping fee for the Congo River.

Done in Kinshasa, March 09, 2015