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Decree No. 11/28 of June 07, 2011 establishing the statutes of a public institution known as the Centre for Expertise, Assessment and Certification of Mineral Substances that are precious and semi-precious, ECC in acronym.

Prime Minister,

Considering the Constitution, as revised to date, especially in its article 92;

Having regard to Act No. 08/007 of 07 July 2008 on general provisions relating to the transformation of public enterprises, especially in articles 2 and 9;

Having regard to Act No. 08/009 of 07 July 2008 on general provisions applicable to public institutions, especially in its articles 5 and 34;

Having regard to Order No. 08/064 of 10 October 2008 appointing a Prime Minister, Head of Government;

Having regard to Order No. 08/073 of 24 December 2008 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government and between the members of the Government, especially in Articles 9, 10 and 11;

Having regard to Order No. 08/074 of 24 December 2008 establishing the powers of the Ministries, especially in its Article 1, will read B, item 17;

Having regard to Order No. 10/025 of 19 February 2010 appointing Deputy Prime Ministers, Ministers and Vice-Ministers;

Having regard to Decree No. 09/011 of 24 April 2009 on transitional measures relating to the transformation of public enterprises, particularly in its article 18;

Revued Decree No. 09/012 of 24 April 2009 establishing the list of public enterprises transformed into commercial companies, public institutions and public services, especially in its article 2;

Revued Decree No. 09/57 of 03 December 2009 establishing and organizing a public service known as the "Centre d'Expertise, d'Evaluation et de Certification des substances minerales trésors et semi-précieuses";

On the proposal of the Minister of Mines;

The Council of Ministers heard;

DECRETE:

PART 1: GENERAL PROVISIONS

Article 1:

The Centre d'Expertise, d'Evaluation et de Certification des substances minerales valuables et semi-précieuses, ECCC public service created by Decree No. 09/57 of 03 December 2009, is transformed into a technical public institution with the legal personality and administrative and financial autonomy, called the Centre d'Expertise, Evaluating and Certification of the precious and semi-precious mineral substances, in such a way

It is governed by Act No. 08/009 of 07 July 2008 on general provisions applicable to public institutions and this Decree.

Article 2:

The Centre is thus subrogated in all the property, rights, shares, assets and liabilities held by the State, through the Public Service Centre for Expertise, Assessment and Certification of precious and semi-precious mineral substances, on the date of the signing of this Order. All tangible and intangible assets, as well as net claims, as reflected in the last approved financial statements of the Public Service Centre for the Expertise, Evaluation and Certification of precious and semi-precious mineral substances, are the Centre's staffing.

Article 3:

The headquarters of the Centre is located in Kinshasa. It may be transferred, at the request of the Board of Directors, to any place of the Republic by decree of the Prime Minister, on the proposal of the Minister having the Mines in his or her powers, at the request of the Board of Directors.

Provincial branches, offices and offices may be established, at the request of the Board of Directors, on the entire territory of the Democratic Republic of the Congo and abroad, after the authorization of the Minister of Tutel1e.

Article 4:

The purpose of the Centre is to expertise, analyze, evaluate and certify in the Democratic Republic of the Congo:

- precious minerals;

- Semi-precious minerals and coloured stones;

- Precious and semi-precious metals and rare metals associated or not with major ferrous and non-ferrous metals;

- Minerals of artisanal production.

Article 5:

In accordance with the provisions of Article 4 above, the Centre is responsible for:

1. conduct analyses, for retribution, of mineral substances, particularly trace and ultra-traffic substances;

2. ensure the traceability of precious and semi-precious mineral substances as well as artisanal mineral substances from the purchase or deposit counter to export;

3. ensure the supervision of approved counters, traders, founders, diamonds and coloured stones, by monitoring and controlling the material and monetary flows;

4. Implement and follow-up to the international programme of the Kimberley process and the regional certification mechanism in the Great Lakes region, as well as other similar future programmes;

5. certify minerals, including by:

- the Kimberley Process Certificate;

- the certificate of origin of gold;

- the certificate of origin for the export of coloured stones;

- the certificate of origin for export of handicrafts;

- the original certificate of precious and semi-precious metals and rare metals associated or not with ferrous or non-ferrous metals;

- the certificate of origin of ferrous or non-ferrous metals returning to the industrial process from artisanal exploitation;

- the transfer certificate.

6. Train and recycle sorters, assessors, gemologists and other specialists;

7. promote the industry of precious and semi-precious mineral substances and precious and semi-precious metals and rare metals associated with or not ferrous or non-ferrous metals;

8. To buy and sell precious and semi-precious and other materials, if possible, in order to guarantee their price-value;

9. combat the fraud of mineral substances listed in Article 4 above, as well as the sale of all seized fraudulent products;

10. prepare tables setting the mercurial value for the export of precious and semi-precious mineral substances as well as precious and semi-precious metals and rare metals associated or not with ferrous or non-ferrous metals;

11. control the inviolable packaging of export products after expertise and assessment as well as sealing;

12. escort the parcels from the expertise desk to the point of the last seal check;

13. establish and publish statistics of precious and semi-precious mineral substances, precious and semi-precious metals and rare metals associated with or not ferrous or non-ferrous metals as well as artisanal mineral substances;

14. detecting and scaling up mining contaminants at industrial sites1 at the request of the public authorities, holders of mining rights, processing and/or processing entities and approved environmental studies offices;

15. carry out any related or incidental operations to the above activities necessary for the realization of its social object.

TITRE II : DU PATRIMOINE ET DES RESOURCES

Article 6:

The Centre's heritage consists of:

- all property, rights and obligations recognized in accordance with Article 2 of this Decree;

- equipment, equipment and other property acquired as part of the execution of his mission.

Article 7:

The Centre ' s resources include:

a. 65% of the tax for export of precious or semi-precious mineral substances;

b. a quotity on fees and fees for services rendered to the export of mining products;

c. Expertise and analysis costs set at 1% of the value of precious and semi-precious minerals, precious metals and rare metals associated or not, exported by industrial companies1es;

d. Fees for expertise and analysis of samples of precious and semi-precious mineral substances, coloured stones and rare metals associated with or not ferrous and non-ferrous metals, in accordance with the rate established by the Interdepartmental Order of Ministers with Mines and Finance in their responsibilities;

e. Laboratory analysis fee set by the Centre for any sample of minerals collected during processing operations;

f. Laboratory analysis fees determined by the Centre on any sample submitted to it by any mining operator and other applicants;

g. original certification fee set by the Centre for certificates under Article 5 5 of this Order;

h. State operating and equipment subsidy;

i. borrowings, gifts and bequests;

j. 20% of the penalties and fines recovered for any fraud on any mineral found, found or reported by the Centre.

PART III: BODY AND FUNCTIONING

Article 8:

The organic structures of the Centre are:

- the Board of Directors;

- the General Directorate;

- College of Auditors.

Chapter 1: Board of Directors

Article 9:

The Board of Directors is the Centre's design, guidance, control and decision-making body.

It defines the general policy, determines the program, determines the budget and approves the end-of-year financial statements.

For these purposes, the Board of Directors shall deliberate on all matters relating to the object of the Centre and shall, in particular, have the competence to:

- the development plan, the general programmes of activities and investments, the budgets and the accounts of the Centre;

- decide on the extension or assignment of financial participation;

- set out the Centre's tariff policy directions, general terms and conditions for contracting, conventions and markets, and general rules for the use of availability and reserve;

- decide on acquisitions, alienations, exchanges and constructions of buildings;

- fix the body chart of the Centre and submit it for approval to the guardianship authority;

- establish, on the proposal of the General Directorate, the organizational framework and the status of the staff and submit it for approval to the guardianship authority.

Article 10:

The Board of Directors is composed of five members, including the Director General.

Article 11:

The members of the Board of Directors shall be appointed, relieved of their functions and, if any, revoked by Order of the President of the Republic, on the proposal of the Government deliberated in the Council of Ministers.

The term of office of the Board of Directors is five years renewable once. The term of office of the members of the Board of Directors may also end by death or voluntary resignation.

The President of the Republic appoints, among the members of the Board of Directors, a President other than a member of the General Directorate.

Article 12:

The Board of Directors meets quarterly in a regular session, on the convocation of its President.

It may be convened in a special session, by its President, on a specific agenda, at the request of the guardianship authority and whenever the interest of the Centre so requires.

The summonses and working papers are addressed to each member and the guardianship authority at least eight frank days before the date of the meeting.

The agenda of the meetings shall be decided by the President of the Board of Directors and may be supplemented by any matter whose majority of the members of the Council request registration.

The Board of Directors may only sit validly if the three fifth of its members are present.

The decisions of the Board of Directors are taken by a majority of the members present. In the event of an equal vote, the President's vote is preponderant.

Article 13:

A rules of procedure adopted by the Board of Directors and duly approved by the guardianship authority shall determine the organization and operation of the Board of Directors.

Article 14:

The members of the Board of Directors shall, at the charge of the Centre, receive a token of presence determined by decree of the Prime Minister deliberated in Council of Ministers on the proposal of the Minister of Trusteeship.

Chapter II: General Directorate

Article 15:

The Directorate General is the management body of the Centre.

It executes the decisions of the Board of Directors and ensures the ongoing management of the Centre.

It executes the budget, develops the Centre's financial statements and directs all of its services.

It represents the Centre vis-à-vis third parties. To that end, it has all the necessary powers to ensure the proper functioning of the Centre and to act on any circumstance on its behalf.

Article 16:

The Centre is managed by an Assistant Director-General, all appointed, relieved of their functions and, where appropriate, revoked by the President of the Republic, on the proposal of the deliberate Government in the Council of Ministers.

They are appointed for a five-year term, renewable once;

They may only be suspended on a provisional basis by the Order of the Minister of Guardianship who informs the Government of this matter.

In the event of absence or incapacity, the Director General's interim shall be provided by the Deputy Director General or by default, by a Director in office, appointed by the Minister of Guardianship, on the proposal of the General Directorate.

Article 17:

The actions in court both in demand and in defence are introduced and/or supported on behalf of the Centre by the Director General or, if not, by his replacement or any person mandated to do so by him.

Chapter III: College of Auditors

Article 18:

Control of the Centre ' s financial operations is provided by a College of Auditors.

It is composed of two people from distinct professional structures and justifying proven technical and professional knowledge.

The External Auditors shall be appointed by decree of the Prime Minister deliberated in the Council of Ministers, on the proposal of the Minister with the Mines in his office, for a term of five years renewable.

They may be relieved at any time of their duties, for failure to fulfil their mandate.

They cannot make individual decisions.

Article 19:

Auditors have, in College or separately, an unlimited right of supervision and control over all operations of the Centre.

In this regard, they have a mandate to verify the Centre's books, funds, portfolios and values, to monitor the regularity and sincerity of inventories and balance sheets, as well as the accuracy of the information on the Centre's accounts in the Board's reports.

They may take note, without moving them, of books, correspondence, minutes and generally of all writings of the Centre.

In this regard, they prepare an annual report to the attention of the guardianship authority.

In this report, they make known the manner in which they controlled the inventories and report the irregularities and inaccuracies that they would have identified and do all the operations they deem appropriate.

Article 20:

The External Auditors shall be responsible for the Centre, an allowance set out in the Decree of the Prime Minister deliberated in the Council of Ministers.

Chapter IV: Incompatibility

Article 21:

The Director-General and/or the Deputy Director-General and the Administrators may not participate, directly or indirectly, in public procurement with the Centre for their own benefit or for the benefit of the companies in which they have interests.

Article 22:

In the performance of their duties, the External Auditors shall be subject to the same conditions and incompatibility as those provided for the Auditors of Business Corporations.

PART V: TUTELLE

Article 23:

The Centre is under the supervision of the Minister with the Mines in his or her powers.

Article 24:

The Minister of Guardianship exercises its control power through prior authorization, approval or opposition.

Article 25:

Are subject to prior authorization:

- real estate acquisitions and alienations;

- borrowings over a year of term;

- receipts and transfers of financial participation;

- establishment of agencies and offices abroad;

- contracts of work and supplies equal to or greater than 500.000.000 Congolese Francs.

The amount set out in the previous paragraph may be updated by Order of the Minister with Finance in his or her powers.

Article 26:

Are subject to approval:

- the Organic Framework;

- the budget of the Centre decided by the Board of Directors on the proposal of the General Directorate;

- the status of the staff established by the Board of Directors on a proposal by the Branch;

- the rules of procedure of the Board of Directors;

- annual activity report;

- the staff salary scale.

Article 27:

The Minister of Trustee shall receive the convocations to the meetings of the Board of Directors and, under the conditions fixed, copies of the deliberations of the Board of Directors.

The deliberations and decisions that they entail are enforceable only ten frank days after their receipt by the guardianship authority, unless the guardianship authority declares that it authorizes immediate enforcement.

During this period, the guardianship authority may object to the execution of any deliberation or decision that it considers to be contrary to the law, to the general interest or particular interest of the Centre.

When it is opposed, it shall notify the President of the Board of Directors or the Director General of the Centre in writing and report to the Prime Minister.

If the Prime Minister did not reject the opposition within fifteen frank days of receipt of the report whose question in the preceding paragraph, the opposition becomes enforceable.

PART VI: OF THE FINANCIAL ORGANIZATION

Article 28:

The Centre's accounting year begins on January 1 and ends on December 31 of the same year.

Article 29:

The accounts of the Centre are maintained in accordance with the accounting legislation in force in the Democratic Republic of the Congo.

Article 30:

The Centre's Budget shall be decided by the Board of Directors and subject to approval by the Minister of Trusteeship in accordance with Article 26 of this Order. It is executed by the General Directorate.

Article 31:

The Centre's budget is subdivided into operating budget and investment budget.

The operating budget includes:

1. Revenue:

Operating resources, various and exceptional resources.

2. In expenditure:

- operating expenses;

- staff costs (including professional training expenses and any other expenses incurred in the interest of staff);

- all other financial expenses.

The investment budget includes:

1. In expenditure:

- the acquisition, renewal or development of capital assets for business activities;

- Costs for the acquisition of capital assets of any non-distributed nature (financial participation, residential buildings).

2. Revenue:

- the resources to meet these expenses, including the new contributions of the State;

- State capital subsidies;

- loans;

- the surplus of operating income over expenditures of the same nature and miscellaneous revenues;

- levies on the assets placed;

- assignments of property and any other resources authorized to do so by the Board of Directors.

Article 32:

In accordance with the timetable for the preparation of the draft budget of the State decided by the Government, each year no later than 15 July, the Director General shall submit a draft budget of income and expenditure for the following fiscal year to the approval of the Board of Directors and thereafter to cel1st of the Minister of Trusteeship no later than 15 August of the year preceding that to which it relates.

Article 33:

The Centre ' s accounting is organized and maintained to:

- knowledge and control of expenses and losses, products and profits;

- know the heritage situation of the Centre;

- determine the results.

Article 34:

At the end of each fiscal year, the Branch develops:

- a statement of execution of the budget, which presents, in the successive columns, the estimates of income and expenditure, the accomplishments of income and expenditure, the differences between forecasts and accomplishments;

- a report in which it provides all information on the Centre's activity during the past year. This report should indicate the method of assessment of different positions in the balance sheet assets and, where applicable, the reasons for which the previously adopted valuation methods were modified. It must also contain the General Directorate's proposals on the allocation of the outcome.

Article 35:

The inventory, the balance sheet and the results training table and the report of the General Directorate are made available to the External Auditors, no later than 15 May of the year that follows cel1st to which they relate.

The same documents and the report of the External Auditors are forwarded to the tutel1st authority by 30 May of the same year.

PART VII: MARKINGS OF WORK AND FOURNITURE

Article 36:

Contracts for work and supplies have been passed in accordance with public procurement legislation.

PART VIII: THE PERSONNEL

Article 37:

The Centre staff is governed by the Labour Code and its enforcement measures, as well as by treaty provisions negotiated with the Directorate General and approved by the Board of Directors and the Guardianship Authority.

The organizational framework and staff status of the Centre are set by the Board of Directors, on the proposal of the Directorate General.

The statute determines, among other things, grades, conditions of recruitment, remuneration, rules of advancement, discipline and remedies.

In establishing the staff status, the Board of Directors is required to ensure that the general interest is safeguarded and that the public service operates continuously.

Article 38:

The staff of the Centre, in command, shall be appointed, assigned, promoted and, where appropriate, terminated or terminated by the Director-General.

All contracts of work that are valid for the creation of the ECC, a public service, remain in force.

PART IX: DOUANIER, FISCAL AND PARAFISCAL

Article 39:

Without prejudice to the contrary legal provisions, the Centre is equivalent to the State for all transactions relating to taxes, duties, taxes and royalties effectively charged to it.

However, it has an obligation to collect the taxes, taxes and royalties it owes and to remit them to the financial authority or the competent administrative entity.

TITRE X : DE LA DISSOLUTION

Article 40:

A decree of the Prime Minister deliberated in the Council of Ministers declared the dissolution of the Centre and established the rules relating to liquidation.

PART XI: FINAL PROVISIONS

Article 41:

Any earlier provisions contrary to this Order are repealed.

Article 42:

The Minister of Mines is responsible for the execution of this Order which comes into force on the date of its signature.

Done in Kinshasa, 07 June 2011

Adolphe Muzito

Martin Kabwelulu

Minister of Mines