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DEMOCRATIC REPUBLIC OF CONGO

LAW N ° 04/016 OF JULY 19 ON
FIGHT AGAINST LAUNDERING OF
CAPITAL AND FINANCING
OF TERRORISM

July 2004

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EXPLANATORY STATEMENT
Money laundering and terrorism are considered, at the scale
planetary, like the worst plagues inherited from the twentieth century, the first
endangering the economic and financial systems of States, the
second threatening international peace and security by multiplication,
in various regions of the world, motivated terrorist acts in particular
by intolerance and extremism.
These two scourges which were already the subject of concerns of the whole
States, have become the focal points of several organizations
International, in particular the United Nations (UN), the
United Nations Program for the Control of Drugs and
Crime Prevention (UNDCP), the Financial Action Group on
Money Laundering (FATF), which have developed
legal issues and formulated recommendations to start a fight
common and imperatively coordinated in the face of this crime without
border.
Moreover, this awareness has manifested itself in several
States through the development and implementation of legal frameworks and
appropriate structures in order, on the one hand, to avoid the expansion of these
phenomena and, on the other hand, to achieve their eradication.
The Democratic Republic of Congo could not be left out.
Indeed, its geographical extent with nine border countries, the
informal character dominating its economy, the predominance of
fiat money in transactions, the sub-administration of
territory, aggravated by the consequences of the barely over,
are an undoubted potential that can constitute a favorite ground
especially for bleaching.
Aware of these dangers, the public authorities had already stopped
in November 2002, a national anti-corruption strategy, the
money laundering and transnational organized crime. This
struggle is still in its infancy.
Despite this initiative with still modest results, it goes without saying
at the national level, the objectives of combating money laundering
and terrorist financing cannot be effectively achieved
without an appropriate legal basis.

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This law proposes to define a legal framework allowing the
prevention, detection and, where appropriate, repression of acts
constituting money laundering and terrorist financing.
It is inspired, while respecting national realities, from texts
international legal and regulatory.
It comprises six titles relating respectively to:
1 °. general provisions;
2 °. prevention and detection of money laundering;
3 °. prevention and detection of terrorist financing;
4 °. coercive measures;
5 °. international cooperation
6 °. Transitional and final provisions.
Title One: General provisions
Title 1 deals on the one hand with the definition of the offense of
money laundering and terrorist financing, and
on the other hand, the terminology devoted to terms and expressions
employed in this Act.
Title II: Prevention and detection of money laundering
This title contains the general provisions relating to the prevention
of acts constituting the offense of money laundering and those relating to their
detection.
Among the measures adopted for the prevention of the infringement of
money laundering, including the setting of thresholds for
cash transactions and due diligence on the part of
credit institutions and other natural or legal persons
subject.
With regard to detection, the legislator establishes a Cell of
Financial Intelligence, responsible for collecting, analyzing and
processing of suspicious transaction reports under the conditions and following the
modalities fixed by this law.
Title III: Prevention and detection of the financing of terrorism
The third title of this law devoted to the fight against
financing of terrorism revolves around a few provisions
general rules relating to the prevention and detection of acts constituting
financing of terrorism.
It should be noted that this law only addresses questions
specific to the financing of terrorism and therefore does not extend to the
“terrorism” phenomenon in all its complexity.

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Title IV: Coercive measures
This title provides for protective and repressive measures both
for the offense of money laundering than for that of financing
terrorism.
Provisional measures are in particular, the seizure and freezing of property
or assets belonging to the natural or legal persons involved
as perpetrators, co-perpetrators or accomplices of the offenses provided for by the
this law.
Regarding repressive measures, there are three:
1 °. penal servitude which, all infringements of this law
combined, varies from a minimum of two years to a maximum of
twenty years ;
2 °. the criminal fine, the rate of which varies according to the offense concerned
and according to the seriousness of the facts;
3 °. confiscation of property considered to be instrumental or
proceeds from infringements of this law.
Title V: International Cooperation
Money laundering and terrorist financing have in particular
their character as a transnational phenomenon requiring, therefore
in fact, close collaboration between states.
Without prejudice to already existing cooperation agreements, this Title
addresses this concern by addressing issues relating to:
1 °. mutual legal assistance between the competent services of different
States;
2 °. extradition of presumed or convicted offenders
for the purposes, as the case may be, of carrying out investigations, judging them or
to have them serve the sentences pronounced against them.
Title VI: Transitional and final provisions
Under the transitional provisions, the Law provides for the start of the activities of
the Financial Intelligence Unit within six months of
date from its promulgation.
It also determines the Authorities responsible for its execution.

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LAW N ° 04/016 OF JULY 19, 2004 ON THE FIGHT
AGAINST MONEY LAUNDERING AND
FINANCING TERRORISM
The National Assembly adopted;
The President of the Republic promulgates the law whose
content follows:
TITLE I st

: GENERAL PROVISIONS

Article 1 st :
Within the meaning of this law, are considered as constituting
the offense of money laundering, the acts below, committed
intentionally, namely:
1 °. the conversion, transfer or handling of property for the purpose of
to conceal or disguise the illicit origin of the said goods or to help
anyone who is involved in the commission of the offense
main to escape the legal consequences of his actions;
2 °. the concealment or disguise of nature, origin,
location, layout, movement or ownership
real property;
3 °. the acquisition, possession or use of property by a person
who knows, who suspects or who should have known that the aforesaid goods
constitute proceeds of an offense.
The knowledge, intention, or motivation required as
that element of the offense can be deduced from the circumstances
objective factual.
Article 2:
The offense of financing terrorism is the act, on the one hand, of
provide, collect, assemble or manage by any means whatsoever,
directly or indirectly, funds, securities or property in
intending to see them used or knowing that they will be used, in whole or in
in part, with a view to committing an act of terrorism independently of
the occurrence of such an act.
Article 3:
Within the meaning of this law:
1 °. The expression "proceeds of the offense" means any property or
any economic benefit derived directly or indirectly
one or more offenses. This advantage may consist of
goods as defined in point 2 of this article;

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2 °. the term "property" designates all types of assets, tangible or
intangible, movable or immovable, tangible or intangible,
fungible or non-fungible as well as legal acts or
documents attesting to the ownership of these assets or of the rights therein
relating , including in electronic or digital form ;
3 °. the term "instrument" designates all objects used or
intended for use in any way, in any
or in part, to commit one or more offenses;
4 °. the expression "criminal organization" designates any agreement
or structured association with the aim of committing
money laundering and corporate financing offenses
terrorism;
5 °. the expression "original offense" designates any offense
criminal, even committed abroad, having allowed the perpetrator
to procure products within the meaning of this law;
6 °. the expression “beneficial owner” designates the principal,
that is to say the person on whose behalf the agent
acts or on whose behalf the transaction is carried out;
7 °. the expression "manual foreign exchange transaction" means
the immediate exchange of banknotes or coins denominated in
different currencies, made by transfer or delivery of cash,
against payment by another means of payment made out in
a different currency;
8 °. the term " terrorism " designates acts in connection with a
individual or collective enterprise with the aim of disturbing
serious public order through intimidation or terror, namely:
at. willful injury to the life or physical integrity of
the person, kidnapping and forcible confinement of the person
as well as the hijacking of aircraft, ships or any other
other means of transport;
b. theft, extortion, destruction, damage and
deteriorations;
vs. the manufacture, possession, storage, acquisition and
disposal of machines, deadly devices, explosives or other
biological, toxic or war weapons;
d. any other act of the same nature and purpose consisting in
introduction into the atmosphere, on the ground, in the subsoil
or in the waters of the Republic, a substance of
such as to endanger the health of man or
animals or the natural environment;

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9 °. the terms "freezing" or "seizure" designate the prohibition
temporary transfer, conversion, disposition or
movement of goods or the temporary assumption of
custody or control of property by decision of a court or a
other competent authority;
10 °. the term "funds" means property of all kinds, tangible
or intangible, movable or immovable, tangible or intangible
acquired by any means whatsoever, and documents or
legal instruments in any form, including
in electronic or digital form, which certify a right of
ownership or interest in such property, and in particular loans
banking, money orders, stocks, securities, bonds,
drafts and letters of credit, without this enumeration being
limiting.
Article 4:
This law applies to any natural or legal person who, in
within the framework of his profession, carries out, controls or advises operations
resulting in deposits, exchanges, investments, conversions or
all other movements of capital, and in particular:
1 °. at the Central Bank of Congo;
2 °. to credit institutions, financial couriers,
financial companies, microfinance institutions, financial offices
exchange, insurance companies, insurance intermediaries or
reinsurance, leasing companies and other intermediaries
financial;
3 °. checking accounts and money orders services;
4 °. securities exchanges, stock exchange companies,
brokers in stock market transactions, management companies
heritage, companies offering investment services and
collective investment schemes in transferable securities;
5 °. lottery companies;
6 °. managers, owners and directors of casinos;
7 °. to notaries;
8 °. Members of the independent legal professions,
especially lawyers, when they advise or assist
clients or when acting on their behalf and on their behalf
in the purchase and / or sale of property, businesses or investment funds
trading, securities or other assets, manipulation of assets,
when opening bank accounts, the constitution, the
management or management of companies, trusts or structures
similar, or any other financial transactions;

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9 °. real estate agents and other operations advisers
real estate ;
10 °. cash carriers;
11 °. travel agencies;
12 °. to statutory auditors, accountants, auditors
external and tax advisers;
13 °. to dealers in works of art, antiques and / or materials
precious.
The application of all or part of the provisions of this law may be
extended to any other profession or category of business when it is
noted that this profession or category of companies carries out, controls
or advises the same types of operations specified in paragraph
first of this article.
TITLE II: PREVENTION AND DETECTION OF
BLEACHING
Chapter 1 st : On the prevention of money laundering
Section 1 st : General provisions of prevention
Article 5:
Any payment of a sum in Congolese francs or other globally
equal to or greater than 10,000 US dollars can be paid in
cash or bearer securities.
An instruction from the Governor of the Central Bank of Congo determines
the cases and conditions in which a derogation from the previous paragraph is
admitted in particular for economic operators regularly
registered in the new trade register, for the tenants of
precious materials purchasing counters and their staff, for
agricultural operators and for their employers.
Article 6:
Any transfer abroad or from abroad, of funds,
securities or securities for an amount equal to or greater than 10,000 dollars
Americans must be made by a credit institution or its
intermediate.
Section 2: Transparency in financial transactions
Article 7:
The State organizes the legal framework in such a way as to ensure the transparency of
economic relations, in particular by ensuring that company law and
legal mechanisms for the protection of property do not allow the
constitution of fictitious or front entities.

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Article 8:
Credit institutions are required to ensure the identity and
the address of their customers before opening an account or passbook, taking
custody of securities, securities or bonds, to allocate a safe or to establish all
other business relationships.
The verification of the identity of a natural person is carried out by the
presentation of a valid original official document and
including a photograph, of which a copy is made. Checking her
address is made by the presentation of any document likely to
prove it.
The identification of a legal person is carried out by the production of
articles of association and any document establishing that it has been legally constituted
and that it has a real existence at the time of identification. It is taken
copy.
Managers, employees and agents called upon to enter into a relationship
on behalf of others must produce, in addition to the documents provided for in
paragraph 2 of this article, the documents certifying, on the one hand, the
delegation of powers which is recognized to them and, on the other hand, of the identity
and the address of the beneficial owners.
Article 9:
The identification of occasional customers is carried out according to the conditions
provided for in Article 8 paragraph 2, for any transaction relating to a
sum in Congolese francs equal to or greater than 10,000 dollars
Americans.
Identification is required even if the transaction amount is lower
at the fixed threshold, when the legal source of the capital is not certain.
Identification must also take place in the event of repetition of operations.
distinct, carried out in close periods and for amounts
lower, by operation to that described in paragraph 1 st this section.
In the event that the amount of the transactions is not known at the time of
the transaction, the customer is identified as soon as the amount is
known or the threshold set out in paragraph 1 st is reached.
Article 10:
In the event that it is not certain that the client is acting on his own behalf,
the credit institution has the obligation to obtain information by any means
on the true identity of the beneficial owner.
After verification, if there is any doubt as to the identity of the true beneficiary,
the relationship must be terminated, without prejudice, if any, to
the obligation to report suspicions.
If the client is a lawyer, a public or private accountant, a person
having a delegation of public authority , or an agent, intervening
as a financial intermediary, he cannot invoke secrecy

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professional to refuse to disclose the identity of the real
operator.
Article 11:
When an operation involves a sum in Congolese francs equal to or
greater than 10,000 US dollars and is carried out in
unusual or unjustified conditions of complexity, or appear not to
have an economic justification or a lawful purpose, the credit institution
is required to inquire about the origin and destination of funds as well as
on the object of the operation and the identity of the economic actors of
the operation.
The credit institution draws up a confidential written report including
all useful information on its terms, as well as on the subject of
the transaction and the identity of the principal and, where applicable, of the
economic players in the operation.
The report is kept under the conditions provided for in Article 12 of the
this law.
Particular vigilance must be exercised with regard, on the one hand, to
electronic funds transfers, international or domestic, and
on the other hand, transactions originating from establishments which are not
subject to sufficient obligations in terms of customer identification
or transaction control.
Article 12:
Credit institutions keep and make available to
authorities listed in article 13, and the Central Bank of Congo,
within the framework of its prerogatives:
1 °. documents relating to the identity of clients for 10 years after
the closing of accounts or the termination of relations with the
client;
2 °. documents relating to transactions carried out by customers and
the reports provided for in Article 11 for 10 years after execution
of the transaction, unless the declaration of suspicion made to this effect
turns out to be unfounded.
Article 13:
The information and documents referred to in Articles 8 to 11 are
communicated, at their request, to the Intelligence Unit
Financiers, to law enforcement officials
money laundering and related offenses acting within the framework of
of a judicial mandate and to the judicial authorities.
The persons having the obligation to transmit the information and
documents mentioned, as well as any other person having
knowledge, cannot communicate them to other natural persons
or companies that ' with the permission of those listed in paragraph 1.

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Article 14:
Credit institutions set up a prevention system
money laundering. This device includes:
1 °. centralization of information on the identity of clients, donors
order, beneficiaries and proxy holders, agents,
beneficial owners, and suspicious transactions;
2 °. the designation of those responsible for the centralization unit at
headquarters or central management, each branch, and
each local agency or service;
3 °. continuing training for officials or employees;
4 °. an internal control system for the execution and effectiveness of
measures adopted for the application of this law.
The supervisory authorities can, if necessary, specify the content and
the terms of application of this device. They carry out, where appropriate,
on-site investigations to verify the correct application and
the effectiveness of it.
Article 15:
Currency exchange offices and other legal or natural persons who
usual profession of manual foreign exchange transactions are
required:
1 °. establish, in a declaration, the lawful origin of the funds
necessary for the establishment of the establishment; this declaration must
be sent, before any start of activity, to the Bank
Centrale du Congo for the purpose of obtaining authorization to open and
operation provided for by law;
2 °. to ensure the identity of their customers, by presenting a
valid official document with a
photograph, of which a copy is taken, before any transaction
relating to a sum in Congolese francs equal to or greater than
US $ 500 or for any transaction made in
unusual or unjustified conditions of complexity;
3 °. to record, in chronological order, all operations, their
nature and amount with indication of surname, first name and postname of the client, as well as the number of the document presented, on a
side register and keep said register for 10 years after
the last recorded transaction.

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Article 16:
Casinos and gaming establishments are required:
1 °. to send a request before starting their activity
of approval to the Ministry having the economy in its attributions
with a copy to the Central Bank of Congo for the purpose of obtaining
the opening and operating authorization provided for by law
in force, and to justify, in this request, the lawful origin
funds necessary for the establishment of the establishment;
2 °. keep regular accounts and keep records
during 10 years. The accounting principles defined by law are

applicable to casinos and gaming circles;
3 °. to ensure the identity, by presenting a document
official original valid and bearing a
photograph, of which a copy is taken, of the players who buy,
bring or exchange tokens or game plates for
an amount greater than the equivalent of US $ 2,000;
4 °. to record, in chronological order, all operations
referred to in paragraph 3 of this article, their nature and
amount with indication of the names and surnames of the players, as well
only the number of the document presented, on the side register and
keep the said register for at least ten years after the
last recorded transaction;
5 °. to record, in chronological order, all transfers of funds
carried out between these casinos and gaming circles on a side register
and to keep the said register for 10 years after the last
recorded transaction.
In the event that the gaming establishment is run by a legal person
having several subsidiaries, the tokens must identify the subsidiary by
which they are issued. Under no circumstances will tokens issued by a subsidiary
can be reimbursed in another subsidiary, including abroad.
Chapter 2: DETECTION OF LAUNDERING
Section 1 st : The collaboration of authorities responsible for combating
against money laundering
§ 1 st : From the cell of the Financial Information
Article 17:
A Financial Intelligence Unit, endowed with autonomy
financial, with its own decision-making power and placed under the supervision of
Minister of Finance, is created and organized under the conditions set by
a presidential decree. The mission of the Intelligence Unit
Financial is to collect and process financial information on
money laundering and terrorist financing channels .

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To this end, the Financial Intelligence Unit collaborates with the
Ministry of Justice.
The Financial Intelligence Unit is responsible for:
1 °. to receive, analyze and process the declarations to which
the persons and bodies referred to in Article 4 are required;
2 °. to also receive all other useful information,
in particular those communicated by the judicial authorities. The
Service may also, at its request, obtain from any authority
public and any natural or legal person referred to in Article
4, communication of information and documents within the framework
investigations undertaken following a declaration of
suspicion;
3 °. to carry out or carry out periodic studies on the evolution of
techniques used for the purposes of money laundering and
financing of terrorism on national territory;
4 °. to issue opinions on state policy in the fight
against money laundering and terrorist financing
and on its implementation. As such, he proposes the reforms
appropriate to strengthen the effectiveness of the fight against
money laundering;
5 °. to report to the Public Prosecutor's Office.
The Financial Intelligence Unit prepares quarterly reports
on its activities. These reports indicate the bleaching techniques and
financing of terrorism possibly detected in the territory
national policy and proposals to strengthen the fight against money laundering
capital and terrorist financing. It establishes an annual
summary report. These reports, copies of which are reserved for the Minister
of Justice and the Governor of the Central Bank of Congo, are
addressed to the Minister of Finance.
The organization of the Service, the conditions likely to ensure or strengthen
its independence, as well as the content and methods of transmission
declarations addressed to him are fixed by Decree of the President
of the Republic.
The agents of the Financial Intelligence Unit are required to
secrecy of the information thus collected which cannot be used
other purposes than those provided for by this law.
They have the capacity of agents and officers of the judicial police.

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Article 18:
The Financial Intelligence Unit may, subject to
reciprocity, exchange information with foreign services responsible
to receive and process suspicious transaction reports, when they are
subject to similar obligations of secrecy and whatever the nature
of these services. To this end, it may conclude cooperation agreements
with these services.
When it receives a request for information or transmission
by a counterpart foreign service processing a suspicious transaction report,
it follows up on them within the framework of the powers granted to it by the
present law to deal with such declarations.
Article 19:
The Central Bank of Congo exercises control and disciplinary power
within its sphere of competence.
It maintains direct collaboration with the Cellule des
Financial Information and Judicial Authorities through an exchange
regular information.
It notifies the Financial Intelligence Unit of the procedures
disciplinary proceedings instituted against credit institutions and others
financial intermediaries having failed in their obligations in terms of
against money laundering and terrorist financing.
She participates with the Financial Intelligence Unit in meetings
International Bodies dealing with questions relating to the fight
against money laundering and terrorist financing.
§ 2: Declaration of suspicion
Article 20 :
Any natural or legal person referred to in Article 4 is required to
declare to the Financial Intelligence Unit, before their
achievements, operations under Article 4 paragraph 1 st , when
relate to funds suspected of coming from the accomplishment of one or
of several offenses, or to be linked to the financing of terrorism.
The above-mentioned persons have the obligation to declare the transactions
carried out even if it was impossible to postpone their execution or if
did not appear until after the completion of the operation that this
this related to suspicious funds.
They are also required to report, without delay, any information
tending to reinforce the suspicion or to invalidate it.

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Article 21:
1 ° The suspicious transaction reports are sent to the Cellule des
Financial Information by any written means or by telephone.
If it is a fax, it must be confirmed as soon as possible.
promptly by filing or sending the original. If it is a
declaration made by telephone, it must be confirmed in writing
in the forms specified above.
2 ° The suspicious transaction reports indicate, depending on the case:
at. description of the transaction;
b. any useful information about the people participating;
vs. the reasons why the operation has already been or should be
executed;
d. the time limit within which the suspicious transaction must be carried out.
As soon as it receives a suspicious transaction report, the Cellule des
Financial Information acknowledges receipt.
Article 22:
If, due to the gravity or the urgency of the case, the Cellule des
Financial Information considers it necessary, it can object to
the execution of the transaction before the expiration of the mentioned execution period
by the declarant. This opposition is notified to the latter immediately,
by fax or by any other written means. The opposition stands in the way of
the execution of the operation for a period which cannot exceed 48
hours.
At the request of the Financial Intelligence Unit, the ministry
public may, by reasoned order and subject to appeal within
forty-eight hours, seize funds, accounts or securities for a period of
additional period which may not exceed eight days.
Article 23:
As soon as serious clues appear which may constitute the offense
money laundering, the Financial Intelligence Unit transmits a
report on the facts, accompanied by its opinion, to the public prosecutor who
appreciates the follow-up. This report is accompanied by all documents
useful, with the exception of the suspicious transaction report itself.
The identity of the author of the declaration and that of the officer of the
Financial information in charge of the file must not, under any circumstances,
be included in the report.

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Section 2: Exemption from liability
Article 24:
No prosecution for breach of professional secrecy can be
brought against the persons or the managers and employees of
bodies designated in Article 4 which, in good faith, have transmitted the
information or made the declarations provided for by the provisions of
this law.
No action for civil, criminal or disciplinary liability can be
instituted, nor any professional sanction pronounced against
persons or officers and employees of the bodies designated in Article
4 who, in good faith, transmitted the information or carried out
declarations provided for by the provisions of this law, even if the
investigations or court decisions have not given rise to any
conviction.
No civil or criminal liability action can be brought.
against persons or managers and officials of organizations
designated in Article 4 due to material and / or immaterial damage which
could result from the blocking of an operation within the framework of
provisions of Article 22.
In the event of damage resulting directly from a declaration of suspicion of
unfounded good faith, the State is liable for the damage suffered under the conditions and
within the limits of the law.
Article 25:
In order to obtain the proof of the original offense and the proof of the offenses
provided for in this law, the public prosecutor may, by order
reasoned by the competent judge taken in the Council Chamber and for a
fixed period, use the specific investigative techniques below
after:
1 ° the placing under surveillance of bank accounts and
accounts assimilated to bank accounts;
2 ° access to computer systems, networks and servers;
3 ° placing the lines under surveillance or tapping
telephone, fax or electronic means of
transmission or communication;
4 ° the audio and video recording of the actions and
conversations;
5 ° the communication of authentic documents and under private signature, of
banking, financial and commercial documents.
The judicial authorities can also order the seizure of
documents or elements mentioned above.

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These operations are only possible when serious clues
allow to suspect that these accounts, telephone lines, systems
and computer networks or documents are used or likely to be
used by persons suspected of participating in the targeted offenses
in paragraph 1 of this article.
Article 26:
Are criminally irresponsible, the officials competent to
note the offenses of origin and money laundering which, for the sole purpose of
to obtain evidence relating to the offenses covered by the
this law and under the conditions defined in the following paragraph, commit
acts likely to be interpreted as constituting elements
one of offenses in Articles 1 st , 2, 35 and 38 .
Authorization from the competent judicial authority must be obtained
prior to any transaction mentioned in the first paragraph.
A detailed report is sent to him at the end of the operations.
Section 3: Lifting of professional secrecy
Article 27:
Professional secrecy cannot be invoked to refuse, on the one hand, to
provide the information provided for in Article 12 or required under
an investigation into money laundering or money laundering
terrorism ordered by, or carried out under the control of
judicial process and on the other hand, to make the declarations provided for by the
this law.
TITLE III: PREVENTION AND DETECTION OF
FINANCING TERRORISM
Article 28:
The natural or legal persons mentioned in article 4 of the
this Act should proceed as soon as possible, in the proper manner and
in accordance with the procedures provided for in Articles 20 and 21, to the declarations of
suspicion with the Financial Intelligence Unit and the
Public prosecution, when they suspect that, on the one hand, funds
belonging to the persons or entities included in the list of
organizations considered to be terrorists, that of organizations with
charitable, cultural or social suspected of terrorist tendency as well as that
organizations involved in particular in illicit trafficking activities
weapons, drugs, pimping and money laundering,
established in accordance with United Nations resolutions on
prevention and suppression of the financing of terrorist acts, or,
on the other hand, movements of funds initiated by them or for their
account, are related to the financing of terrorism or intended to be used
to this end.

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Credit institutions and other financial intermediaries are required to
communicate to the Central Bank of Congo a copy of the declarations
transmitted to the Financial Intelligence Unit.
Credit institutions and other financial intermediaries are
exempt from any liability, civil or criminal, when they have carried out
in good faith the declaration provided for in the previous paragraph.
Article 29:
The provisions of articles 13, 14 and 27 of this law are applicable
with regard to the financing of terrorism.
TITLE IV: COERCITIVE MEASURES
Chapter 1 st : Seizure and precautionary measures
Article 30:
The judicial authorities and the competent officials responsible for
detection and suppression of money laundering and offenses related to
the latter can seize the property related to the offense subject to
the investigation, as well as all elements likely to identify them.
Article 31:
The competent judicial authority to pronounce provisional measures
may, ex officio or at the reasoned request of the public prosecutor, the Bank
Central Congo or the Financial Intelligence Unit,
order, at the expense of the State, such measures, including the freezing of
capital and financial transactions in assets likely to be
seized or confiscated, whatever its nature.
It may, by reasoned decision rendered at the request of officials
carrying out said operations or any other agents competent to
ascertain origin offenses and money laundering, delay freezing or
seizure of money or any other property or advantage, until the conclusion
investigations and order, if necessary, specific measures
backup.
The release of the seizure and the precautionary measures may be
ordered at any time at the request of the public prosecutor or, after notice
the latter, the Central Bank of Congo, the Cellule des
Financial or Owner Information.
Article 32:
When suspicious transaction reports are reinforced by clues
seriousness of such a nature as to constitute the offense of financing of terrorism,
end of investigations made by the Intelligence Unit
Financiers, the latter sends, without delay, a written and detailed report
to the public prosecutor. The identity of the author of the declaration must not
be included in the report.

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The public prosecutor may, as soon as it is referred, oppose the execution of
the operation. This measure prevents, for a period of seventy-two
hours, renewable once, that the execution of the operation is
prosecuted or that the funds of the suspected persons or entities are
made available to them in any way.
He may also request from the competent judge the freezing or seizure of funds,
other assets or economic resources which are either suspected of being
linked to the financing of terrorism, either belong to the entities or
people on the list provided for in Article 28 or those checked
directly or indirectly by them, either to entities or persons
acting on their behalf or at their direction.
Article 33:
The lifting of the measures set out in Article 32 may be ordered at any
moment at the request of the public prosecutor.
Chapter 2: Repression of offenses
Section 1 st : The penalties
Article 34:
Will be punished by five to ten years of penal servitude and a fine including
the maximum is equal to six times the amount of the laundered sum, those who
will have committed an act of money laundering.
The accomplice of money laundering is punished with the same penalty as the perpetrator
main.
Article 35:
Participation in an association or agreement will be punished with the same penalties.
with a view to the commission of the acts referred to in Article 34.
Article 36:
Legal persons other than the State, for the account or for the benefit
of which a subsequent offense was committed by one of their
organs or representatives, will be punished with a fine of a rate equal to the
five times the fines specified for natural persons, without
prejudice of the conviction of the latter as co-authors or
accomplices of the offense.
Legal persons can also be sentenced:

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16

1 °. to ban permanently or for a period of five years at
more, to carry out directly or indirectly certain activities
professional;
2 °. at final closure or for a period of five years at
maximum, of their establishments having been used to commit
the offense;
3 °. upon dissolution when they were created to commit the acts
incriminated;
4 °. payment of the costs of publication of the decision by the press
written or by any other means of audiovisual communication.
Article 37:
When, as a result of either a serious lack of vigilance or a lack of
in the organization of internal procedures for the prevention of money laundering,
a credit institution, any other financial intermediary or any
other natural or legal person referred to in Article 4 has disregarded one of the
of the obligations assigned to it by this law, the authority
disciplinary or supervisory authority may act, ex officio, under the conditions provided for
by professional and administrative regulations.
In this case, it notifies the Financial Intelligence Unit of the
disciplinary proceedings initiated and, at the end of these, decisions
which sanction them.
Article 38:
1 °. will be punished with penal servitude from 2 to 5 years and a fine of which the
maximum is equal to three times the amount of the laundered sum:
at. people and managers or officials of organizations
designated in Article 4 who have knowingly made, to the owner
sums or the perpetrator of the offenses referred to in said article,
disclosures about the declaration they are required to make or about the
suites reserved for it;
b. those who have knowingly destroyed or removed records or
documents whose retention is provided for in Articles 10,11,
15 and 16;
vs. those who will have realized or tried to realize under a false
identity to the operations referred in Articles 4 paragraph 1 st , 5, 6,
8, 9, 10, 11, 15 and 16;
d. those who, having learned by reason of their profession
an investigation for money laundering, will have
knowingly informed by any means, the person or persons concerned
by investigation;

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17

e. those who have communicated, to the judicial authorities or to
officials responsible for ascertaining the original offenses
and subsequent, deeds or documents specified in Article 25
that they knew to be truncated or erroneous, without informing them;
f. those who have communicated information or documents
to persons other than those provided for in Article 12;
g. those who have not made the planned suspicious transaction report
in Article 20, whereas the circumstances of the operation led
to deduce that the funds could come from one of the offenses
referred to in this article;
2 °. will be punished with a fine of which the maximum is equal to three times the
amount of the laundered sum:
at. those who have made or accepted cash payments
for sums greater than the amount authorized by the
this law or the regulatory texts taken for its
application ;
b. those who have contravened the provisions of article 6 relating to
international transfers of funds;
vs. managers and agents of manual exchange companies,
casinos, gaming circles, credit institutions and
financial intermediaries who have contravened the provisions
articles 8 to 16;
3 °. the people who will be guilty of one or
several offenses specified in paragraphs 1 st and 2 above may
be condemned to a definitive ban or for a period of
maximum of five years of practicing the profession in the context of which
the offense has been committed.
Article 39:
The penalty incurred in Articles 34 and 35 may be increased to 20 years of
penal servitude and a fine the maximum amount of which is equal to
twelve times the amount laundered, when the offense is
perpetrated within the framework of a criminal organization.
Article 40:
The provisions of Title IV apply even if the author of
the original offense would not be prosecuted or convicted, or even
there would be a missing condition for taking legal action as a result of the said
offense. The perpetrator of the original offense can also be prosecuted for
the money laundering offense.
Article 41:
Is punished with a penal servitude of five to ten years and a fine in
Congolese francs equivalent to 50,000 US dollars, any person
physical perpetrator, co-perpetrator or accomplice of the financing offense of
terrorism.

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Article 42:
Is punished by a fine in Congolese francs which may range from the equivalent
from 100,000 to 500,000 US dollars, any legal person
involved in any way in financing activities
terrorists, without prejudice to the individual criminal responsibility of
officers or agents possibly involved.
Article 43:
The penalties provided for in Articles 34 and 35 are respectively increased to one
maximum of twenty years of penal servitude and a fine in francs
Congolese equivalent to 100,000 US dollars:
1 °. when the offense is committed using the facilities provided by
the exercise of professional activities;
2 °. when the offense is committed within the framework of an organization
criminal;
3 °. in case of recurrence.
Article 44:
The person guilty of financing terrorism also suffers the
confiscation of property which is the instrument or proceeds of the offense
meaning of this law.
Article 45:
Anyone who,
having knowledge of projects or acts tending to the commission of
facts constituting the financing of terrorism, does not, from the
when she became aware of them, the declaration to the competent authorities.
When the information has taken place after the offense, the penalty is reduced
by half for the author, the co-author or the accomplice who presents himself ex officio
to the competent authorities or who denounces the co-perpetrators or accomplices
of the offense.
However, the court may exempt parents from the penalty
or allies up to and including the fourth degree, of the author, of the co-author
or the accomplice of the financing of a terrorist act when they have
only provided to the latter accommodation or means of subsistence
personal.
Article 46:
All funds and other financial resources belonging to any
natural or legal person, to any entity or body whose
name or denomination appears on the list provided for in Article 28 of the
this law, are frozen.

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Section 2: Confiscation
Article 47:
In the event of a conviction for a laundering offense consummated
or attempted, the confiscation will be ordered:
1 °. property that is the subject of the offense, including income and other
benefits that have been derived from it, to whomever they
belong, unless their owner establishes that he has them
acquired by actually paying the fair price or in exchange for
services corresponding to their value or to any other lawful title and
that he was unaware of the illicit origin;
2 °. property belonging, directly or indirectly, to a
person convicted of money laundering.
In addition, in the event of an infringement established by the court, when a
conviction cannot be executed against its perpetrator (s), the latter
may nevertheless order the confiscation of the property on which the offense
wore.
Can, in addition, be pronounced, the confiscation of the property of the condemned to
height of the enrichment, realized by him since the date of the oldest
facts justifying his conviction, unless he establishes the absence of
link between enrichment and offense.
When there is confusion of goods coming directly or indirectly
of the offense and of a legitimately acquired property, the confiscation of this property
is only ordered up to the value estimated by the court,
of the aforementioned resources and goods.
The decision ordering a confiscation designates the property and gives the
details necessary for their identification and location.
When the property to be confiscated cannot be represented, confiscation
can be ordered in value.

Article 48:
When the facts cannot give rise to prosecution, the public prosecutor
may request a judge to order, as a security measure,
confiscation of seized property.
The judge seized of the application may issue an order of
confiscation:
1 °. if proof is provided that the said goods constitute the
proceeds of an offense within the meaning of this law;
2 °. if the perpetrators of the facts that generated the products cannot be
pursued either because they are unknown or because there is
legal impossibility of prosecution on the grounds of the facts, except in cases
prescription.

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Article 49:
Any act performed for valuable or free inter vivos or because of
death whose purpose is to remove property from confiscation measures
provided for in Articles 47 and 48.
In the event of cancellation of a contract for valuable consideration, the price is not returned to
the purchaser only to the extent that it has actually been paid and that this
last was in good faith.
Article 50:
The resources or the confiscated property devolve to the State which can
allocate to a fund to fight organized crime or trafficking in
drugs. They remain encumbered, up to their value, with the rights
real lawfully constituted for the benefit of third parties.
In the event of confiscation pronounced by default, if the court, ruling on
opposition, releases the accused person, orders the restitution in
State value of the confiscated property, unless it is established that the aforesaid
goods are the proceeds of an offense.
TITLE V: INTERNATIONAL COOPERATION
Chapter 1 st : Requests for legal assistance
Article 51:
Without prejudice to specific judicial cooperation agreements, the
requests for mutual legal assistance are addressed to the Minister of Justice who
have them executed under the supervision of the Attorney General of
Republic.
In case of emergency, they are sent directly, and subject to
reciprocity, to the Financial Intelligence Unit which follows it, the
authorities mentioned in the first paragraph duly informed.
Mutual legal assistance relates in particular to:
1 °. the collection of testimonies or depositions;
2 °. the provision of assistance for the provision of the authorities
judicial authorities of the requesting State of detained persons or other
persons, for the purposes of testimony or assistance in the conduct of
investigation ;
3 °. delivery of court documents;
4 °. searches and seizures;
5 °. examination of objects and places;
6 °. the provision of information and evidence;
7 °. the supply of originals or certified copies of
relevant records and documents including bank statements,
accounting documents, registers showing the operation
of a business or its business activities.

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Article 52:
The request for mutual assistance can only be refused:
1 °. if it does not emanate from a competent authority according to the law in
force of the requesting country, or if it has not been transmitted
regularly;
2 °. if its execution risks undermining public order,
sovereignty, security or fundamental principles of
law of the Democratic Republic of Congo;
3 °. if the facts to which it relates are the subject of criminal proceedings
or have already been the subject of a final decision in the Republic
Democratic of the Congo;
4 °. if the offense referred to in the request is not prescribed by law;
5 °. if the requested measures, or any other measures having
similar effects, are not authorized by law or are not
applicable to the offense referred to in the request according to the law;
6 °. if the requested measures cannot be pronounced or
executed because of prescription of the offense of
money laundering according to the law or that of the requesting State;
7 °. if the decision whose execution is requested is not enforceable
according to the law ;
8 °. if the foreign decision was pronounced under conditions
not offering sufficient guarantees with regard to human rights
defense ;
9 °. if there are serious reasons to believe that the measures
requested or the requested decision does not target the person
concerned that because of their race, religion,
nationality, ethnic origin, political opinions,
their gender or status;
10 °. if the request relates to an infringement motivated by
political considerations;
11 °. if the importance of the case does not justify the measures requested
or the execution of the judgment rendered abroad.
Professional secrecy cannot be invoked to refuse to perform the
request.
The public prosecutor can appeal against the decision to refuse execution.
rendered by a court within eight days of this decision.
The Government immediately communicates to the State Government
requesting the reasons for the refusal to execute his request.
Article 53:
Investigation and investigation measures are carried out in accordance with the
law, unless the competent foreign authorities have requested
that it be carried out according to a particular form compatible with the law.

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A magistrate or an official delegated by the competent authority
foreigner may assist in the execution of measures depending on whether they are
carried out by a magistrate or by an official.
Article 54:
The court hearing a request from a competent authority
foreigner for the purpose of pronouncing, in accordance with the law, measures
conservatory, orders the said measures requested in accordance with the law. She can
also take a measure whose effects most closely match the
requested measures.
In the event that it opposes the execution of measures not provided for by the
law, the court seised of a request relating to the execution of the measures
conservatories pronounced abroad, may substitute for them the measures
legal whose effects correspond best to the measures requested.
The provisions relating to the lifting of protective measures,
provided for in article 33 of this law, are applicable.
Article 55:
In the case of a request for mutual legal assistance for the purpose of pronouncing a
confiscation decision, the court rules on referral from the ministry
public. The confiscation order must relate to property constituting the proceeds
or the instrument of an offense, and located in the territory of the
Democratic Republic of Congo, or consist of the obligation to pay
a sum of money corresponding to the value of this property.
The court seised of a request relating to the execution of a judgment
confiscation pronounced abroad is bound by the finding of the facts on
on which the decision is based.
Article 56:
The Government has the power to dispose of confiscated property
on the national territory at the request of the foreign authorities, unless
that an agreement concluded with the Government of the requesting State does not
provides otherwise.
Chapter 2: Extradition
Article 57:
Requests for the extradition of wanted persons for the purpose of
proceedings in a foreign state will be carried out for the offenses
in sections 1 st , 2, 34, 35 and 38 point 1 of this law or
purposes of enforcing a sentence relating to these offenses.
The procedures and principles provided for by the extradition treaty in force
between the requesting State and the Democratic Republic of Congo will be
applied.

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In the absence of an extradition treaty or legislative provisions,
extradition will be carried out according to procedure and in accordance with the
principles defined by the model extradition treaty adopted by the Assembly
General of the United Nations in its resolution 45/116.
Article 58:
Under the terms of this law, extradition will only be carried out if
the offense concerned is both foreseen and punished by state law
applicant and in that of the Democratic Republic of Congo.
Article 59:
Extradition will not be granted:
1 °. if the offense for which extradition is requested is
considered in the Democratic Republic of Congo as a
political offense, or if the request is motivated by
political considerations;
2 °. whether there are substantial grounds for believing that the extradition request
has been presented for the purpose of prosecuting or punishing a person
because of their race, religion, nationality, origin
ethnicity, political opinions, gender or status, or whether
that person's situation could be adversely affected by
one of these reasons;
3 °. if a final judgment has been pronounced in the Republic
Democratic Republic of the Congo because of the offense for which
extradition is requested;
4 °. if the individual whose extradition is requested can no longer, by virtue of
of the legislation of one or the other of the countries, to be prosecuted or punished,
due to the passage of time or an amnesty or any
other reason;
5 °. whether the individual whose extradition is requested has been or would be subjected
in the requesting State to torture and other punishment or treatment
cruel, inhuman or degrading or if it has not benefited or
would not benefit from the minimum guarantees provided for during
criminal proceedings, by article 14 of the International Covenant on
civil and political rights;
6 °. if the judgment of the requesting State was given in the absence of
the person concerned and if the latter has not been warned sufficiently early of the
judgment and was not given the opportunity to make arrangements
to ensure his defense, and could not or will not be able to have
again the case in his presence.

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Article 60:
Extradition can be refused:
1 °. whether the prosecution has decided not to prosecute
against the person concerned because of the offense for which
extradition is requested, or to terminate the prosecution
brought against said person by reason of said offense;
2 °. whether prosecution for the offense for which
extradition is requested are in progress;
3 °. if the offense for which extradition is requested has been
committed outside the territory of either country and that, depending on the
law, this country does not have jurisdiction over offenses
committed outside its territory in circumstances
comparable;
4 °. whether the individual whose extradition is requested has been tried or
would risk being tried or convicted in the requesting State by a
exceptional jurisdiction or a special tribunal;
5 °. if the Democratic Republic of Congo, while also taking into
consideration of the nature of the offense and the interests of the state
applicant, considers that, given the circumstances of the case,
the extradition of the individual in question would be incompatible with
humanitarian considerations, taking into account the age,
health or other personal circumstances of said individual;
6 °. if the offense for which extradition is requested is
considered by law to be committed in whole or in part
on its territory;
7 °. if the individual whose extradition is requested is a national of
Democratic Republic of Congo.
Article 61:
If the Democratic Republic of Congo refuses extradition for a reason
referred to in point 6 of Article 60, it submits the case at the request of the State
applicant, to its competent authorities so that prosecution can
be brought against the person concerned for the offense which gave rise to the request.
Article 62:
Within the limits authorized by law and without prejudice to the rights of third parties,
all property found on the territory of the Democratic Republic of
Congo whose acquisition is the result of the offense committed or which
may be required as evidence will be turned over to the State
applicant, if requested and if extradition is granted.
The property in question may, if the requesting State so requests, be handed over to
this State even if the granted extradition cannot be carried out.

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When the said property is liable to seizure or confiscation on the
territory of the Democratic Republic of Congo, the State may,
temporarily, keep them or put them back.
When the law or the rights of third parties so require, the goods thus delivered are
returned to the Democratic Republic of the Congo free of charge, once
procedure completed, if the Democratic Republic of Congo so requests.
Chapter 3: Provisions common to mutual assistance requests
and extradition requests
Article 63:
Without prejudice to specific judicial cooperation agreements, the
requests from competent foreign authorities for the purposes of
to establish facts of money laundering or financing of the
terrorism, for the purpose of carrying out or pronouncing measures
custody or confiscation, or for extradition purposes are
transmitted through diplomatic channels.
In case of emergency, they may be the subject of a communication by
through the International Criminal Police Organization
(ICPO / Interpol) or direct communication, and subject to
reciprocity, to the Financial Intelligence Unit which follows it, the
Minister of Justice and the Attorney General of the Republic duly
informed.
Applications and their annexes must be accompanied by a
translation into a language acceptable to the Democratic Republic of
Congo.
Article 64:
Requests must specify:
1 °. the authority requesting the measure;
2 °. the requested authority;
3 °. the subject of the request and any relevant remark on its
context;
4 °. the facts which justify it;
5 °. all known elements likely to facilitate identification
of the persons concerned and in particular the civil status,
nationality, address and profession;
6 °. all information necessary to identify and locate the
persons, instruments, resources or property concerned;
7 °. the text of the legal provision creating the offense or, the case
if applicable, a statement of the law applicable to the offense, and
the indication of the penalty incurred for the offense.

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In certain special cases, requests must also contain
the following elements :
1 °. in the event of a request for provisional measures, a
description of the measures requested;
2 °. in the event of a request for the issuance of a confiscation order,
a statement of the relevant facts and arguments to enable
the judicial authorities to order confiscation, under
of the law ;
3 °. in the event of a request for the execution of a decision on measures
conservatories or confiscation:
at. a certified copy of the decision and, if it does not
not state it, the statement of its reasons;
b. a certificate that the decision is enforceable and
is not subject to ordinary remedies;
vs. indication of the limits within which the decision must be
executed and, where applicable, the amount of the
recover from the property (s);
d. if applicable and if possible, all information relating to
rights that third parties may claim over the
instruments, resources, property or other things concerned;
4 °. in the event of an extradition request, if the individual has been recognized
guilty of an offense, judgment or certified copy
compliant with the judgment or any other document establishing
that the guilt of the person concerned has been recognized and indicating the
sentence, the fact that the judgment is enforceable and the
extent to which the sentence has not been carried out.
Article 65:
The Minister of Justice, after ensuring the regularity of the
request, forwards it to the public prosecutor of the place where the investigations
must be carried out, from the place where the resources or goods are located
targeted, or the whereabouts of the person whose extradition is requested.
The public prosecutor seizes the competent officials of the requests
of investigation and the competent jurisdiction with regard to
requests relating to provisional measures, confiscations and
extradition.
A magistrate or an official delegated by the competent authority
foreigner may assist in the execution of measures depending on whether they are
carried out by a magistrate or by an official.

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Article 66:
The Minister of Justice or the Public Prosecutor's Office, each in so far as it is
concerns, either on its own initiative or at the request of the court seised,
may request, through diplomatic channels for one or directly for the other,
the foreign competent authority for the purpose of providing all the information
additional information necessary to fulfill the request or to
facilitate execution.
Article 67:
When the request specifies that its existence and content are required
confidential, it is upheld, except to the extent necessary to
give effect. If this is not possible, the requesting authorities must
be informed without delay.
Article 68:
The public prosecutor may not stay seizing the police authorities or the
jurisdiction only if the measures or decision requested are likely to
prejudice to ongoing investigations or proceedings. He must in
immediately inform the requesting authority through diplomatic channels or
directly.
Article 69:
For the offenses provided for by this law and when the individual whose
extradition is requested explicitly consents, the Republic
Democratique du Congo can grant extradition after receiving the
request for preventive detention.
Article 70:
Communication or use, for investigations or proceedings
other than those foreseen by foreign demand, elements of
proof that it contains, is prohibited under penalty of nullity of the aforesaid
investigations and proceedings, except with the prior consent of the Government
foreign.
Article 71:
The costs incurred to execute the requests provided for in this Title
are payable by the State, unless otherwise agreed with the
requesting country.

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TITLE VI: TRANSITIONAL AND FINAL PROVISIONS
Article 72:
A joint decree of the Ministers having justice and finance in their
fixed attributions, on the proposal of the Governor of the Central Bank of
Congo, preventive measures, and the rules to follow in investigations
concerning offenders operating in the informal sector in general,
and in localities not served by credit institutions in
particular.
Article 73:
The Financial Intelligence Unit provided for in Article 17 begins
its activities within six months of the promulgation of the
this law.
Article 74:
This Law comes into force on the date of its promulgation.

Done in Kinshasa, July 19, 2004
Joseph KABILA

