Decree No. 09/33 08 August 2009 On Statutes, Organization And Operation Of The Agency For The Promotion Of Investment In "anapi, Acronym

Original Language Title: Décret n° 09/33 du 08 août 2009 portant statuts, organisation et fonctionnement de l'Agence pour la Promotion des Investissements, en sigle « ANAPI »,

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Read the untranslated law here: http://www.leganet.cd/Legislation/Droit%20economique/AidesPubliques/D.09.33.08.08.2009.htm

Decree No. 09/33 08 August 2009 on statutes, organization and operation of the Agency for the Promotion of investments, in abbreviation "ANAPI", the Prime Minister, pursuant to the Constitution, specifically in article 92;
Pursuant to law No. 004 - 2002 February 21, 2002 on investment Code, especially in article 4 thereof;
Pursuant to law No. 08/009 July 07 200S establishing general provisions governing public institutions, especially in its articles 1 and 2;
Given order No. 08/064 10 October 200S concerning the appointment of a Prime Minister, head of Government;
Pursuant to order No. 08/073 24 December 200s on organization and functioning of the Government, practical arrangements for collaboration between the President of the Republic and the Government as well as between members of the Government, specifically in article 9 thereof;
Given order No. 08/074 24 December 200S determining the functions of departments, especially in its article 1, B/10;
Revised Decree No. 065/2002 05 June 2002 on statutes, organization and functioning of the National Agency for the Promotion of investments, «ANAPI» logo
Whereas the need to strengthen the effectiveness of the ANAPI promoting investments and improving the climate of business in Democratic Republic of Congo and the need to take account, in the Organization of the structures of the ANAPI, of the specific nature of the procedure for approval of records;
On the proposal of the Minister of the Plan;
The Council of Ministers heard, DECREED title 1: General provisions.
Article 1: the National Agency for the Promotion of investments, in abbreviation "ANAPI», established by article 4 of Act No. 00412002 of 21 February 2002 on the investment Code, is a public technical institution, with legal personality and managerial autonomy.
Article 2: The ANAPI has its social and administrative headquarters in Kinshasa.
It operates throughout the national territory and abroad.
It can be shown the representations or antennas in all other areas of the Democratic Republic of the Congo or abroad by decision of the Board of Directors.
Article 3: The ANAPI mission is to strive for the improvement of the business climate, to promote public and private investments in Democratic Republic of Congo, to receive and analyze investment projects to be approved under the Code of investment as well as investment projects governed by particular statutes, decide on the approval of those subject to the Code of investments and to issue technical opinions on others.
As such, the ANAPI is responsible inter alia: has) to ensure at all times a plea for the improvement of the investment climate and, in this respect, the role of Council of the central Government and provincial governments;
(b) to work on the promotion of a positive image of the Democratic Republic of the Congo as a country of investment and opportunities for investors;
c) to identify and promote, among national and international investors the specific opportunities for investment in the Democratic Republic of the Congo;
(d)) to ensure investors who decide to establish or expand their economic activities on Congolese territory, an accompaniment that facilitates and accelerates the administrative procedures necessary to the realization of investment and entrepreneurship in the best conditions of time and transparency.
Article 4: The mission of advocacy includes:-the implementation, in collaboration with the central Government and provincial governments, the companies and other utilities as well as partners, within the framework of a dialogue between the public and private sectors, the ways and means for the elimination of the barriers or red tape affecting operations of creation, expansion or modernization of companies;
-Animation and follow-up of the working groups bringing together experts from both public and private, and focused on priorities for improvement of the investment climate, as established by the Government, businesses and partners either still on basis of the results obtained from existing investors or potential;
-The conduct of studies and the formulation of any useful suggestions either for better implementation of the Code of investments, or for the improvement of incentives to promote investment, is still for an improvement in various economic areas of the country, home of national or foreign investment conditions;
-The Organization of an ombudsman service for investors to ensure greater competitiveness in involved in a concrete way in the actions for the elimination of barriers to their establishment and their development;
-The holding of a periodic round table between the Government and investors;
-The reasoned opinion of the ANAPI on any project or proposal for legislation or regulation that could lead a change in the investment climate in the Democratic Republic of the Congo, including the provisions of tax or customs nature;
-The initiative to propose to the competent authorities of the new legislative or regulatory provisions related to the improvement of the investment climate;
-Participation, in close collaboration with relevant departments, in the negotiation of the treaties concerning the protection of investments, and trade agreements as well as prevention of double taxation agreements.
Article 5: The mission of promotion of a positive image of the Democratic Republic of the Congo as the country of investment and opportunities for investors includes:-the design, implementation and distribution of modern promotional materials with the aim to inform and attract investors.
-The organisation of relations actions public both in the national and international press;
-The popularization of laws and regulations relating to the encouragement of investment, and particularly the legal texts relating to fiscal and parafiscal incentives;
-Participation in national and international events offering opportunities to meet and interact with investors interested in the Democratic Republic of the Congo;
Article 6: The mission of promotion, to national and international specific investment opportunities investors includes:-the establishment of a data bank on the potentials and investment opportunities existing in the different sectors of activity and in different provinces of the country;
-Research and identification of potential investors by sector of activities both at home and abroad;
-The Organization of direct campaigns to targeted investors;
-The Organization and reception of missions from potential investors to the Democratic Republic of the Congo.
Article 7: The mission of administrative support to investors who decide to establish or expand their economic activities in the national territory includes:-the Organization, operations and procedures referred to in article 8 below, one stop service with an operational manual and animated by agents of the State delegates by their departments or services and necessary for the exercise of their duties having decision-making powers;
-Reception and training of investment projects to be approved under the Code of investments and investment governed by specific laws, to decide on the approval of those who fall under the Code of investments, or to issue technical opinions on others;
-Monitoring of the commitments undertaken by the promoters of the investments approved for the benefit of the Code of investments and, in the event of failure, may propose to the regulatory authority or authorities, with reasoned opinions, to take sanctions.
Article 8: The ANAPI receives and processes requests for the approval of projects for the benefits of the investment Code, enterprise creation and obtaining of permissions and licenses, necessary for the effective start-up of activities in the context of the single window.
It ensures that different administrations or services involved, including the Notary Office, the service of registration of companies, national identification service, carry out the processing introduced and are reserve suites in the best conditions of time and transparency.
Article 9: Every year, the Directorate General of the ANAPI submits its plan of actions with a budget duly validated by the Board of Directors for the approval of the Minister in charge of the Plan.
Article 10: The ANAPI is equipped with a financial regulations approved by the Governing Council and approved by the Minister in charge of the Plan.
The financial regulation lays down the rules and procedures for preparation and implementation of the budget of the Agency.
Article 11: Within thirty days after the closing of each fiscal year, the Directorate General shall submit to the Board of Directors, for approval, the annual activity report.

The report thus approved, is presented by the Board of Directors of guardianship with its notes and considerations. The essential elements of this report subject to publication.
TITLE II: HERITAGE AND RESOURCES.
Article 12: The heritage of the ANAPI is: has) of all movables and immovables placed at its disposal by the State;
(b) of all own additions deemed necessary for its operation as well as subsequent inputs of the State and the partners.
Article 13: Dissolution, the heritage of the ANAPI is liquidated according to the procedure of liquidation of public institutions.
Article 14: The ANAPI resources consist:-charges of filing of applications for the approval of investment projects established by joint order ministers having the Plan and Finances in their roles and responsibilities;
-Sale of documents or other services provided by the Agency;
-A proportion of revenue from tax of industry promotion, set by joint order of Ministers with the industry, the Plan and Finances in their powers, after the opinion of the Fund for the Promotion of industry;
-Of a grant under the budget of the State in the form of staffing;
-Possibly of the budgetary balance from the previous financial year;
-Of the contribution partners bi and multilateral;
-Grants, donations, bequests and gifts of external or internal origin duly accepted by the Board of Directors.
TITLE III: ORGANS, ORGANIZATION AND OPERATION.
Chapter I: Bodies.
Article 15: The bodies of the ANAPI are:-the Board of Directors;
-Council on accreditation;
-Directorate-General;
-The College of the Auditors.
Chapter II: Organization and operation.
Section 1: the Board of Directors.
Article 16: The Board of Directors defines the strategic orientations of the ANAPI. It has greater powers to ask all acts of administration in relation to the object of the ANAPI.
Accordingly, the Board of Directors:-validates the ANAPI strategic plan and shall ensure compliance with the objectives of the Government's development;
-Valid action annual, year-end budget and financial plan;
-Ensure the implementation of the strategic plan as well as to the achievement of the objectives set;
-Decides acquisition, sale or the equity operations, transactions or transfers;
-Keeps track of the performance of the management of the ANAPI;
-Decides, on the recommendation of the General management of the allocation of performance bonuses.
-Approves the funding agreements negotiated by the Directorate-General with donors and other stakeholders with a view to obtaining additional resources for the accomplishment of the missions of the ANAPI.
The Board of Directors delegates to the Directorate-General all powers necessary to enable it to ensure the day-to-day management of the ANAPI. It determines this management guidelines and monitors performance.
Article 17: The ANAPI Governing Council consists of five members.
Addition the Director General, the Board of directors includes a delegate of the Ministry of the Plan, a delegate of the Ministry of finance and two representatives from the private sector proposed by their corporations of origin, all appointed on the proposal of the Minister having the Plan in its attributions, by order of the President of the Republic, deliberate in Council of Ministers.
The Board of Directors is chaired by a representative of the private sector. He is appointed by the President of the Republic on the proposal of the Minister in charge of the Plan.
The mandate of the members of the Board of Directors is five years, renewable once.
The members of the Board of Directors are entitled to a token presence whose amount shall be fixed by the Prime Minister Decree deliberated in the Council of Ministers upon proposal by the Minister in charge of the Plan.
May participate in the meetings of the Board of Directors, acting as observers, without voting and following the rules laid down in the rules of procedure, the representatives of the public sector and the private sector.
Article 18: The Board of Directors of the ANAPI meets quarterly in ordinary session, upon convocation by its Chairman.
It may be convened in extraordinary session by its Chairman, on an order determined, at the request of one third of its members or guardianship, whenever the interests of the ANAPI requires.
The convocations are sent to each Member eight clear days at least before the date of the meeting. The Minister of tutelage to be kept informed.
The agenda of the meetings is arrested by the President of the Council and may be supplemented by any matter which a majority of the members request registration.
The Board of Directors seat validly if the absolute majority of its members is reunited.
The decisions of the Board are taken by an absolute majority of the members present or represented. In the event of equality of votes, the President is dominating.
Rules of procedure, adopted by the Governing Council and duly approved by the Minister, determines the rules of organization and operation.
Section 2: the Board of certification Article 19: the Council accreditation is responsible to decide on applications for approval of projects of investment eligible for the investment Code and issue technical opinions on the projects of investment governed by specific laws.
It consists of permanent and non-permanent. Are permanent members:-a delegate from the office of the President of the Republic;
-A delegate from the office of the Prime Minister;
-A representative of the Department having the Plan in his or her attributions;
-A delegate from the Ministry of finance in his/her attributions;
-A representative of the Department having the Budget in his or her attributions;
-A representative of the Department with the economy in its attributions;
-A representative of the Department having environment in his or her attributions;
-A delegate of the Ministry with the industry in its attributions;
-A delegate from the Ministry labour and social security in his or her attributions;
-A delegate from the Office of customs and Excise "OFIDA ';
-A representative of the Direction Générale des Impôts "DG.";
-A delegate from the Directorate General of revenue administrative, judicial, Crown and Participation 'SUNBURST '.
-A representative of the Fund for the Promotion of industry 'REIT ';
-The Director-General of the ANAPI;
-The Deputy Director General of the ANAPI.
Are non-permanent members the delegates of ministries involved in investment projects before the ANAPI who are invited by the President of the Council on accreditation, on a proposal from the Directorate-General.
Each permanent member is provided with an alternate replaced ex officio in case of absence or impediment.
The permanent members of the Council are appointed by their services or respective organizations, on the understanding that the same person cannot serve both the Governing Council and the Council on accreditation. They are appointed by an order of the Minister in charge of the Plan.
Article 20: The Registration Board may require the Advisory opinion of any physical or legal person skilled in the field concerned by the investment project before the ANAPI.
Members of the Council on accreditation and thus consulted experts are held to professional secrecy.
Article 21: The Council is chaired by the delegate of the Ministry in charge of the Plan. The delegate of the Ministry in charge of finance holds the vice-chairmanship.
Article 22: Council on Accreditation meets on convocation by its Chairman, in ordinary session, twice per month, and in extraordinary session whenever the interests of the ANAPI so require or when the request was made in writing, either by half of its members, or by the guardianship authority.
In case of absence or impediment of the President of the Council for approval, the delegate of the Ministry of Finance provides Office acting.
Notices shall be sent to each permanent member or permanent eight clear days at least before the date of the meeting.
The Council has a permanent secretariat provided by two agents of the ANAPI.
Rules of procedure adopted by the Council on accreditation and approved by the Minister in charge of the Plan determines the operating rules.
Article 23: The members of the Council are entitled to a token presence whose amount shall be fixed by the Minister, on a proposal from the Board of Directors in charge of the Plan.
Article 24: Rules home, analysis and evaluation of investment projects eligible for the benefits of the general scheme of the investment Code are adopted in the manual of procedures for the approval of investment projects approved by the Minister in charge of the Plan.
Accreditation procedures manual is put at the disposal of investors by means of modern communication media.
Section 3: General management.
Article 25:

The Directorate-General is the organ of day-to-day management of the ANAP!. It implements the decisions of the Board of Directors and ensures the execution of decisions concerning promotion of investments and for the approval of projects for the benefits of the investment Code.
It ensures the effective and harmonious administrative and technical of the ANAPI services operation.
As such, it is responsible inter alia:-to prepare the strategic directions of the ANAPI, the annual action plan and the annual budget to be submitted to the Governing Council for validation;
-To run in an efficient manner and under the control of the Board of Directors, the action plan annual and the annual budget approved;
-To coordinate and supervise the administrative and technical services of the ANAPI, in accordance with the laws and regulations in force;
-To manage staff, financial resources and the heritage of the ANAPI;
-To analyse and evaluate in a timely manner, the investment projects eligible for the benefits of the investment Code or governed by specific laws, and including the ANAPI entered;
-To submit to the Board of approval in a timely manner, the reports analysis and evaluation of investment projects were the subject of technical studies;
-To ensure the implementation, within the legal deadline of the interdepartmental decrees for the approval of investment projects, to notify the letters of formal notice and the interdepartmental orders of withdrawal of approval;
-To monitor and assess the implementation of the commitments made by the promoters of approved investments and to report to the Council on accreditation;
-To establish a data bank for potential investments in the Democratic Republic of the Congo, in General, and by province, specifically;
-To establish quarterly and annual reports of activities and the results obtained, at the request of the Board of Directors;
-To study matters in relation to the application of the investment Code or any questions pertaining directly or indirectly to the social object of the ANAPI;
The Directorate represents the ANAPI towards third parties.
It acts in all circumstances on behalf of the Agency and has the power to engage in legal proceedings, both in demand only in defence, prosecution and Director Genera stagecoaches!.
Article 26: The Directorate-General is composed of the Director General assisted by a Deputy General Director, replaced in the event of absence or incapacity.
The Director General and the Deputy Director General of the ANAPI are named, identified and, if necessary, removed from their functions by order of the President of the Republic, deliberate in Council of Ministers, on a proposal from the Minister in charge of the Plan.
The mandate of the Director General and the Deputy Director General is five years, renewable.
Article 27: The Director General and the Deputy Director General of the ANAPI receive compensation and benefits fixed by Decree of the Prime Minister, deliberate in Council of Ministers, on a proposal from the Minister in charge of the Plan.
Article 28: The organizational structure of the ANAPI is fixed by the Governing Council, on a proposal from the Directorate-General. It is approved by the Minister in charge of the Plan.
Section 4: the College of the Auditors.
Article 29: Without prejudice to other controls, monitoring of financial operations of the ANAPI is exercised by a College of Commissioners composed of two people from the professional structures separate and supporting technical knowledge and proven professional auditors.
The Auditors are appointed and, where appropriate, relieved of their duties by Decree of the Prime Minister, deliberated in Council of Ministers, on a proposal from the Minister in charge of the Plan.
The Auditors are appointed for a non-renewable term of five years.
Article 30: The Auditors are responsible to check books, the caisse and other values of the ANAPI, control the regularity and sincerity of inventories and financial statements. At least once a year, they draft an audit report to the attention of the Minister having the Plan in his or her attributions and the Board of Directors.