Page 1

REPUBLIC OF CONGO
52 YEAR - # 30

Thursday July 29, 2010

Union Work Progress

e

OFFICIAL J OURNAL
FROM THE REPUBLIC OF CONGO
appearing on Thursday of each week in Brazzaville

SUBSCRIPTIONS
DESTINATIONS

NUMBER
6 MONTHS

1 YEAR

24,000

REPUBLIC OF CONGO ............................................... .............

3 MONTHS

12,000

6,000

500 F CFA

9. 6 0 0

8 0 0 FCFA

Airway exclusively
FOREIGN ................................................. ..................................

3 8. 4 0 0

1 9. 2 0 0

¤ Judicial and legal announcements and various notices: 460 francs per line (it will not be counted less than 5,000 francs per announcement or notice).
The announcements must reach the Thursday preceding the publication date of the “JO” at the latest.
¤ Land and mining property: 8,400 frs per text.

¤ Declaration of association: 15,000 francs per text.

DIRECTION: TEL./FAX: (+242) 281.52.42 - PO BOX 2.087 BRAZZAVILLE - Email: journal.officiel@sgg.cg
Payment: cash, money order, certified check payable in the Republic of Congo, made payable to the Official Journal
and sent to the Directorate of the Official Journal and Documentation.

SUMMARY
OFFICIAL PART

B - SPECIAL TEXTS

- LAWS MINISTRY OF FOREIGN AFFAIRS
AND COOPERATION

26 July Law n ° 8-2010 relating to the protection of heritage
national, cultural and natural ............................. 595

- Nomination................................................ .. 603
26 July Law n ° 9-2010 on the orientation of the policy
than cultural ................................................ .. 600
MINISTRY OF LAND AFFAIRS
AND THE PUBLIC DOMAIN

- DECREES A - GENERAL SCOPE

- Nomination................................................ . 603

MINISTRY OF POSTS, TELECOMMUNICATIONS
AND NEW TECHNOLOGIES
OF COMMUNICATION

NON-OFFICIAL PART

26 July Decree n ° 2010-554 relating to the identification of
subscribers to the services of

AD

fixed and mobile telephony and conservation of
electronic communications data ... 602

From Thursday 29 July 2010
Page
2

- Associations ............................................... 604

Official Journal of the Republic of Congo

595

- archives, including photo archives
tographic, phonographic and cinematographic;
- goods of rare artistic interest such as:
hand painted paintings and drawings,
on any support and in any material, production
originalations of statuary art and sculpture
ture in all materials, engravings, prints and
original lithographs, tapestries, weaving,
original assemblies and assemblies in all
materials;
- ethnographic material: ornaments, objects of
cult, ancient musical instruments, products
pharmacopoeia, culinary and clothing objects
silent;
- rare collections and specimens of zoology,
botany, mineralogy and anatomy;
- items from an artistic monument
tick, historical or cultural or natural site;
- monuments: architectural works,
sculptures or monumental paintings,
elements or structures of an archaeological character,
inscriptions, caves and groups of elements
of interest to history, the anthropologie, art or science;
- sets: groups of isolated constructions
or assembled which, due to their architecture,
their unity or their integration into the landscape,
have value from the point of view of history,
art or science;
- the sites: works of man or works of
judged by man and nature, as well as
areas, including archaeological sites, which have
a value from the historical point of view, anthropological or aesthetic.

OFFICIAL PART
- LAWS Law n ° 8 - 2010 of July 26, 2010 on
protection of national cultural and natural heritage.
The National Assembly and the Senate
deliberated and adopted,
The President of the Republic promulgates
the law, the content of which follows:
Title I: General provisions
Article 1: The national cultural heritage and
natural is a common heritage for the nation
Congolese. Its protection, safeguard and enhancement
sation are provided by the State.
Article 2: For the purposes of this law,
national cultural heritage, all property
furniture and buildings which, for religious or profesne, are of interest for history, art, science
this and the technique.
Article 3: For the purposes of this law,
national natural heritage, all of the
physical, geological and biological conditions that exist
tent independently of human creation and
having an interest from the point of view of natural beauty
real, science and conservation, such as
forests, rivers, waterfalls.
Article 4: By movable property, we mean property
cultural sites that can be moved without damage
for themselves and for their environment.

The goods constituting the natural heritage such
than :

By immovable property, we mean cultural property
and natural which, either by nature or by destination
cannot be moved without damage to themthemselves and for their environment.

- the natural monuments made up of the
physical and biological functions or by groups
such formations that have aesthetic value
or scientific;
- geological and physiographic formations and
the strictly delimited areas constituting
the habitat of animal and plant species
naceae, which have value from the point of view of
science or conservation;
- natural sites or strictly natural areas
delimited, which have value from the point of view of
science, conservation or beauty
natural.

Enter this definition:
assets constituting the national cultural heritage
such as :
- products of excavations and discoveries
archaeological;
- objects over 50 years of age validated by the
national commission of national cultural heritage
turel and natural, such as inscriptions,
naies, engraved seals and furniture items
is lying ;
- rare manuscripts and incunabula;
- old or interesting documents and publications
special, isolated or in collections;
- goods relating to the history of science and
technical, military and social history
economy, as well as the lives of illustrious
nalities, events of national importance;
- philatelic and numismatic coins and collections
ticks;

Article 5: The administration in charge of heritage
national and cultural regulates the circulation of
cultural property and the exercise of gainful activities
relative.
Title II: Protection
Article 6: Destruction, dismemberment
ment, denaturation, export and transfer of
illicit ownership of all or part of the property constituting
guardians of the national cultural and natural heritage.

Page 3596

Official Journal of the Republic of Congo

Article 7: The State may, for the sake of safeguarding
and protection, exercise on these goods, different
procedures: claim, acquisition, expropriation
tion for public utility, registration in the
inventory, classification.

may, as of the publication of this
law, have them inventoried.
Section III: Effects of classification
Article 17: The classification can give right to a
compensation for the benefit of the owner, holder or
public or private occupant of the listed object, repairing
tion of the damage that may result, in accordance with
to the texts in force.

Section I: From registration to the inventory
Article 8: Registration in the heritage inventory
national law consists of the registration of cultural
real and natural (movable or immovable) belonging
to the State, local communities, associations or
to natural or legal persons who, without
justify the need for immediate classification,
are of interest from the point of view of history,
art, science and technique to demand the
preservation.

Article 18: The State reserves the right to establish
vitudes in the public interest:
- right of visit and investigation of the authorities;
- possible right of public visit;
- maintenance obligation or any other easements
driven by the ranking.

Article 9: Registration in the inventory is pronounced
by an order of the minister in charge of culture.
The act of registration in the inventory must be notified by
the competent authority to the owner, to the keeper
or to the occupant of the property.

Article 19: The owner, holder or occupant
of a classified property must, in order to retain
this and ensure its custody, respect the easements
provided by the state.

Article 10: Registration in the inventory obliges the
owner, keeper or occupant to inform
within thirty days, the competent authority
of any action to be taken on the property:

Article 20: The effects of the classification follow the object in
a few hands he passes. Any owner who
entrusts the custody of a classified object is required to
to know to the new holder, the existence of the
ranking.

- the repair ;
- Restoration.

Article 21: The State may, as a precautionary measure,
place the classified objects in national colletions
the. Incorporation into national collections
will be subject to compensation after notice of a
sworn expert.

Section II: Classification
Article 11: Classification is the act by which the State
declares the special interest of public property or
private already inventoried.

Article 22: The State may, if necessary,
transfer custody of one protected object to another
person bound by the same obligations.

Article 12: Can be proposed for classification, any
movable or immovable property meeting the criteria
defined in articles 2, 3 and 4 of this law.

Article 23: No new construction can
be erected next to a monument or site
classified or inventoried, or raised in their field of
visibility without authorization from the competent services
of the ministry in charge of culture.

Article 13: The classification procedure can be
initiated either on the initiative of the State or on the
request of the owner, keeper or occupant
pant of the good, natural or legal person, after
opinion of the national heritage commission
national cultural and natural.

Article 24: Authorization from the competent services
of the ministry responsible for culture is required for
perpetual investment of an object in the
classified sites and monuments, as well as in their
field of vision.

Article 14: Classification takes place by decree issued
in the Council of Ministers on the proposal of the Minister
in charge of culture.

Article 25: The field of vision extends over a
radius of at least 50 meters around the property
protected.

Article 15: Any classification is notified by the administration
nistrative to the owner, keeper or occupant
pant of the classified property.

Article 26: Any form of advertising (posters,
signs, lighting, sound or other devices)
is prohibited on listed sites and monuments.

Article 16: Registration in the heritage inventory
national and classification are recorded in the register
of national heritage, the method of which is
ment is determined by regulation. The parties
culiers, state and parastatal bodies,
diplomatic and consular missions, the organizations
my international holders of incoming goods
in the categories referred to in Articles 2, 3 and 4

From Thursday 29 July 2010
Page
4

N ° 30-2010

Article 27: The ministry in charge of culture
regulates the shooting and making of films
inside the inventoried sites and monuments or
classified.

Official Journal of the Republic of Congo

Article 28: In case of theft, loss or destruction
of a classified object or collections, the owner or
the holder is required to notify them within 48 hours,
competent services of the ministry responsible for culture
re.

597

- the technical means and technology used;
- the form and frequency of publication of the results
states obtained;
- the desired goal.
A regulatory text specifies the details of these indications.
cations.

Article 29: Any breach or obstacle to the obligations
tions provided for in Articles 6, 7 and 18 shall result in the
forfeiture of the right of use to the offender
without notice or compensation.

Article 39: The institution or the requesting person
an archaeological excavation permit is required to
comply with the conditions set out in Article 38.

Section IV: Decommissioning
Article 30: The downgrading of an asset consists of
end to the effects of classification. It intervenes when
the interest referred to in Articles 2, 3 and 4 ceases to exist and
follows the same procedure as the classification.
Article 31: Decommissioning is pronounced by decree
taken in the Council of Ministers.
Title III: Safeguarding of heritage
national cultural and natural

Article 40: The archaeological excavation permit is
issued with an administration fee of which
amount is set by regulation.
Article 41: The organization or any individual who
kills excavation enjoys scientific property. He
benefit from the priority of publication of the results of
his excavations and he is held, within twelve
months, to publish its results. Five copies of thesaid publications must be handed over to the Congolese State
leave.

Article 32: Inventoried or classified immovable property
sés benefit from the prescription of article 6 in
that they cannot either partially or entirely
be moved or destroyed.

Article 42: The State reserves the right to withdraw any
permit for archaeological excavations in case he considers
that the site concerned has significant resources
these natural non-archaeological.

Article 33: Site restoration projects and
monuments must seek the opinion of the commission
national cultural and natural heritage.

In the event of non-compliance with the provisions relating to
archaeological surveys by the beneficiary of the
after excavation, the State has the right to eviction.
No eviction gives rise to the right to compensation for the
part of the state.

Article 34: An impact study on heritage
national cultural and natural is required for homoaccommodation of any project involving major works.

Article 43: The updating of remains during the
fitting-out work leads to an immediate shutdown
of these and a declaration of the discovery to
competent authorities.

Title IV: Excavations and discoveries
archaeological
Article 35: By archaeological excavations we mean
any excavation carried out on an archaeological site
with a view to knowledge of history and culture
re material.

Any fortuitous discovery of remains including
underwater remains must be reported within 72
hours to the most pro-administrative authorities
ches of the place of discovery. These order the
immediate suspension of work.

Article 36: The ministry responsible for culture issues
permits for archaeological and control excavations
execution throughout the national territory.
It takes the prior opinion of the national commission
national cultural and natural heritage.

The competent authority seized must, within
two months, from the declaration of the discovery
green, specify the necessary safeguard measures
site res. After this period, the author of the discovery
and / or the owner of the site can take back their
works.

Article 37: The permit is only granted after verification
tion of scientific skills and resources
materials of the institution or person requested
deuse.
Article 38: The permit application file
archaeological excavations must bear the following indications
boasts:
- the quality of the institution or the person
applicant and her experience in the matter;
- the mapped delimitation of the site to be explored;
- the work schedule;
- the means and sources of financing;

Article 44: All remains updated on the occasion of
archaeological excavations as well as those referred to in the arArticle 43 are the property of the Congolese State. They do
the object of declaration to the competent services.
Title V: Traffic
cultural goods
Section I: Export of cultural goods
Article 45: The exit of the national territory of the goods
cultural classified is prohibited. However, she can

Page 5598

Official Journal of the Republic of Congo

N ° 30-2010

be authorized for reasons of study, exhibition

Article 55: The exercise of related gainful activities

or restoration with guaranteed return.

cultural property is subject to obtaining a
certificate of approval and an annual license issued

Article 46: Any export of cultural property not

vested by the competent services of the ministry in charge of

classified, ancient or modern, is subject to a

of the culture.

exit authorization, the terms of which are set
by the competent services of the ministry responsible for

Article 56: The certificate of approval is granted to

culture.

any natural or legal person who makes it
requests and fulfills the following conditions:

Article 47: Authorization to leave cultural property
must indicate the destination of the goods, the reason for their

- be over eighteen years of age;

transfer, method of acquisition and value.

- have the merchant's license;
- have a registered office, an establishment or a fixed place of

Article 48: Cultural goods imported into the Congo

sale;

without authorization from the country of origin are seized by

- be the holder of a resident's card for

competent control services.

foreigners.

Article 49: National museums may proceed

The certificate of approval is strictly personal.

exchanges of objects with museums or institutions
scientific studies from other states with the aim of

Article 57: The annual license is issued for a

choose and diversify their collections, or lend each other

only establishment. Any trader, operator or col-

cultural goods under specific agreements concluded

holder who has several branches must

for this purpose, subject to the approval of the committee

obtain as many licenses as there are establishments and

national heritage and an authorization

points of sale to manage.

exit of cultural property duly established by the services
competent of the ministry in charge of culture.

Article 58: Any trader, operator or peddler
is required to have regular and proba-

Article 50: Cultural property, movable or immovable,

te likely to be presented to any control.

not inventoried or not classified may be alienated when
its owner decides to put it up for sale. In this

Article 59: The sale and exploitation are prohibited

case, the State or the museum which wishes to acquire it enjoys

commercial duplications and reproduction for

a right of pre-emption.

commercial purposes of cultural goods without authorization
prior notice of the administration of the property

Article 51: Cultural property belonging to the State

intellectual and, if applicable, the owner.

are inalienable except under the defined conditions
in Articles 49 and 50 of this law and the texts in

Article 60: All authorized traders must observe the

force.

following obligations:

Article 52: The customs services and the police

- do not deposit any cultural property intended for sale

borders are responsible for ensuring the control of

outside the room in which he is authorized to

circulation of cultural goods.

exercise ;
- keep a biller;

Section II: Trade in cultural goods

- keep registers in which are recorded
daily sales or purchase, importation

Article 53: Is a trader of cultural goods, any

tion and export;

natural or legal person having for profession

- present the registers to the control officers

to stock and wholesal, at its own expense

referred to in the above paragraph;

you, movable cultural property of any kind

- display in a visible place of his room of

whether it be.

sale, the provisions relating to the export of
cultural goods;

It can export or import cultural goods

- submit to any operation and facilitate the task

in accordance with the provisions of Articles 47 and 48.

agents appointed for this purpose;
- inform the management in charge of heritage

Article 54: Is a cultural operator or peddler,

national of any movement of the establishment.

any natural or legal person exercising a
gainful activity linked to cultural goods.

From Thursday 29 July 2010
Page
6

Official Journal of the Republic of Congo

Title VI: Agents and asset management

599

Article 66: In the management of the national heritage

national cultural and natural

cultural and natural, the minister in charge of
re has the national heritage commission

Article 61: The staff of the competent services

cultural. This can be extended to skills

responsible for ensuring compliance with regulations

other ministerial departments involved in

re circulation of cultural goods and control of

protection, safeguard and promotion of the heritage

trade in cultural goods are called agents of

cultural and natural monk.

national cultural and natural heritage.
Title VII: Sanctions
Article 62: The status of museum or heritage agent
monk, freight forwarder or travel agency employee

Article 67: Are considered as contraventions and

ge is incompatible with that of trader of goods

punished by the texts in force:

cultural.
- any unauthorized movement of the heritage
Article 63: National heritage agents must

national cultural and natural monk;

take an oath before the court of appeal according to the

- the placement of posters, billboards or

formula below:

other foreign bodies in sites and moinventoried numbers as well as in their field

- question from the judge: "Mr. (surname and first name),

visibility;

your quality of heritage agent, swear to

- new assignment without authorization.

comply with legal and regulatory provisions
in matters of circulation and transfer of

Article 68: Are punished with a fine ranging from

movable cultural property, for the safeguard and

15,000 to 20,000 CFA francs, the perpetrators of the

sustainability of our national identity? "

tions provided for in Article 67.

- answer: "I swear it".
Article 69: Are considered as offenses and punished
Article 64: National heritage agents may

by the texts in force:

wind, at all times, carry out road checks
tine in stores, galleries, warehouses or at

- the clandestine exercise of the trade in goods

links to works of art.

cultural;
- modification, fragmentation or work

They can also carry out a home inspection

unauthorized undertaken on inventoried assets

of the trader if it is used as a local

or classified;

trade by virtue of the approval issued to it.

- the clandestine importation of cultural goods or
phonographic works;

They are provided with a mission order.

- clandestine excavations;
- the concealment of objects discovered during excavations

Article 65: National heritage agents may

regulatory;

wind up making seizures in the following cases:

- the fraudulent acquisition or theft of invented property
toriated;

- clandestine exercise of gainful activities linked to

- failure to comply with legal and regulatory easements

cultural goods;

silent;

- illegal importation of phonetic works -

- production, distribution and exploitation

graphics and other cultural goods;

unauthorized commercial images bearing

- attempt to export works or part

on the national cultural or natural heritage,

classified works and other cultural property;

- the sale or concealment of pirated cultural goods or

- piracy of works of art or phonography;

stolen, pirated phonographic works or

- dissemination, sale or concealment of works of art or phono-

stolen;

pirated graphics;

- illicit sale, concealment, acquisition and exportation

- clandestine production, distribution or exploitation

fraudulent disposal of inventoried or classified goods.

of images relating to the cultural national heritage
turel or natural;

Article 70: Are punished with a fine ranging from

- sale or concealment of stolen or looted cultural property.

300,000 to 2,000,000 CFA francs, the authors of
offenses provided for in Article 69.

Page 7600

Official Journal of the Republic of Congo

Title VIII: Provision

N ° 30-2010

Article 3: The State designs, directs, coordinates and controls

diverse and final

the cultural policy of the nation. It creates the conditions
favorable conditions for its implementation while respecting

Article 71: This law, which repeals all provisions

national cultural differences and specificities

previous statements to the contrary, will be published in the Journal

the.

official and enforced as state law.
It promotes the participation in cultural action of
Done in Brazzaville, July 26, 2010

private cultural operators, organizations not
government officials and any person

By the President of the Republic,

physical or moral resource.
Denis SASSOU-N'GUESSO

Article 4: Culture concerns all Congolese and
any person living on the national territory. It

The Minister of Culture

must be accessible to everyone throughout the

and the arts,

National territory.

Jean Claude GAKOSSO

Article 5: The national cultural heritage is the
collective prayer of the Congolese who have the duty to

The Minister of Finance, Budget

respect, enrich, protect and pro-

and the public portfolio,

move.

Gilbert ONDONGO

Article 6: Authors of literary works, artists
ticks and scientists have a

The Minister of State, coordinator of the pole

inalienable property right.

of sovereignty, keeper of the seals,
Minister of Justice and Rights

Title II: Conditions and

humans,

state obligations

Liked Emmanuel YOKA

Article 7: The State acquires the originals and produces
re the national masterpieces of art for the needs

Law n ° 9 - 2010 of July 26, 2010 on

conservation, assistance and promotion of artists.

orientation of cultural policy.
Masterpieces of art acquired by the State are preserved
The National Assembly and the Senate

vés at the national museum.

deliberated and adopted,
Article 8: The State ensures the promotion of languages
The President of the Republic promulgates

national and oral traditions, encourages creativity

the law, the content of which follows:

tion of privileged places for the practice of languages
Congolese.
Article 9: The State protects national written production

Title I: General provisions

te and audiovisual.

Article 1: Within the meaning of this law, the culture

It ensures its acquisition, conservation, in particular

re is the set of distinctive, spiritual and

by preferential tax measures and by

material, intellectual and emotional that characterize

guarantee of free postage to document structures

a company or a social group.

public mentors.

In addition to the arts and letters, culture includes

Article 10: The State promotes the creation and development

also languages, ways of life and thought,

ment of libraries, museums, cultural centers

fundamental human rights, systems

turels, documentation and archives centers, on

of values, traditions and beliefs.

the whole extent of the national territory.

Article 2: The State is the main promoter of the development

It ensures the material conditions necessary for the

cultural development. He recognizes culture as a

dissemination of information, promotion of books and

central place in national development.

reading as well as heritage conservation
national and foreign editorial.

From Thursday 29 July 2010
Page
8

Official Journal of the Republic of Congo

Title III: From support to creation

601

contributed in a remarkable way to the influence of

and dissemination

the nation.

Article 11: The State guarantees the distribution of works

The state awards honorary distinctions to women

Congolese artistic and cultural organizations

men and men of culture, artists, actors

state information.

cultural development (natural persons or
morals) and cultural officials whose

Article 12: The State encourages the training, improvement

merit is recognized.

technical support and supervision of artists,
cultural professionals in the structures

Title IV: Cultural institutions

national and foreign.
Article 23: A consultative body is hereby established
Article 13: The State promotes the teaching of the disciplines

referred to as the national council for culture and the arts.

artistic and cultural plines in the program
national.

The National Council for Culture and the Arts issues
advice on all development issues

Article 14: The financing of any public building must

of culture and the arts.

include a part reserved for artistic decoration
tick.

Composition, organization and operation
of the National Council for Culture and the Arts are set

Article 15: The State encourages the development of

by decree taken in the Council of Ministers.

national cultural industries, especially in
means of a privileged tax regime for the production

Article 24: A national commission is established

tion, import and export of goods and

of cultural heritage.

cultural services.
The National Commission for Cultural Heritage is
Article 16: The State, public and private enterprises

consulted on all questions concerning the

vées, cultural associations and communities

tection, safeguard and promotion of heritage

local communities promote cultural creation and dissemination

national cultural.

and artistic through the organization of competitions whose

Composition, organization and operation

organizational arrangements are set by regulation

of the national commission for cultural heritage

mental.

are set by decree taken in the Council of Ministers.

Article 17: Songwriters and publishers

Article 25: A national commission is established

must regularly declare their unpublished works

fight against piracy.

to the copyright body under the conditions
fixed by the regulatory texts in force.

Composition, organization and operation
of the national anti-pirate commission

Article 18: The State contributes to intercultural dialogue

are fixed by decree taken by the Council of Ministers.

and ensures its promotion through the organization of
against both nationally and internationally.

Article 26: It is created in all the capitals of
department and district and in each municipality

Article 19: The State facilitates access for all actors

or arrondissement, a cultural center in the form

cultural information to state media.

of a public establishment, endowed with the personality
moral and financial autonomy, placed under the

Article 20: The State encourages publishing, production

supervision of the ministry in charge of culture.

audiovisual, the creation of publishing houses and
dissemination of books, textbooks and organ-

Article 27: The resources of the cultural centers

national press releases.

come from:

Article 21: The State encourages the creation of chains

- state subsidies;

cultural audiovisuals.

- entrance fees to cultural events;
- donations and bequests.

Article 22: The State expresses the recognition of the
nation towards men and women of culture and

Article 28: The organization and functioning of

artists who, through their cultural works, have

cultural centers are set by decree taken in Council

Page 9602

Official Journal of the Republic of Congo

N ° 30-2010

ministers.
The president of the Republic,
The name of each cultural center is fixed

Considering the Constitution;
Considering the law n ° 9-2009 of November 25, 2009 on

by order of the Minister in charge of culture.

regulation of the communications sector
electronic;

Title V: Financing

Considering the law n ° 11-2009 of November 25, 2009 on
creation of the postal regulatory agency and

Article 29: The State devotes in the finance law to the
minus 0.1% of its annual budget to support accultural tion.

electronic communications;
Considering the decree n ° 2009-335 of September 15, 2009 concerning

Article 30: Industrial and commercial companies

both appointment of members of the Government;
Considering the decree n ° 2009-468 of December 24, 2009 relating to
tif to the powers of the Minister of Posts, Telecommunications and new technologies of

can participate in the financing of
creation of infrastructures and support

communication;
Considering the decree n ° 2009-473 of December 24, 2009 concerning

training and cultural and artistic production
tick.

both the organization of the Ministry of Posts,
communications and new technologies of

Article 31: Local authorities invest in

communication.

cultural action and participate in the achievement of
national cultural policy.

In the Council of Ministers,

Title VI: Final provision

Decrees:

Article 32: This law, which repeals all provisions

Article 1: The operators of telefixed and mobile telephony or their distributors are

previous statements to the contrary, will be published in

required, at the time of subscription,
to identify their customers. This

Official Gazette and executed as state law.

identification is done by providing the following elements
after:

Done in Brazzaville, July 26, 2010
By the President of the Republic,

- a copy of the identification document being
validity: national identity card, passport,
driver's license, student card, student card

Denis SASSOU-N'GUESSO

or signature of one of the parents for the children
minors, resident card or consular card;

The Minister of Culture
and the arts,

- the exact address at the time of subscription.

Jean Claude GAKOSSO

A computerized file created for this purpose must contain
the surname, first name and home address of the subscriber

The Minister of Finance, Budget

SIM card holder.

and the public portfolio,
Article 2: The operators, for defense needs
safety and security, the fight against banditry,

Gilbert ONDONGO

pedophilia and terrorism are required for six
at least months, to keep their databases
- DECREES -

electronic communications.

A - GENERAL SCOPE

Article 3: The operators, for defense needs
safety and security, the fight against banditry,
pedophilia and terrorism, are required to proceed,
at the latest two weeks after the award of the

MINISTRY OF POSTS, TELECOMMUNICATIONS AND NEW TECHNOLOGIES
OF COMMUNICATION

SIM card to a subscriber, to the recording of information
mations referred to in article 1 of this decree.

Decree n ° 2010 - 554 of July 26, 2010
identifying the subscribers of subscribers
fixed and mobile telephony services and
retention of communications data
electronic.

From Thursday 29 July 2010
Page
10

Article 4: The operators, for defense needs
se and security, can proceed to the
reception or suspension of the line from any customer
who will not have been identified in accordance with the

Official Journal of the Republic of Congo

article 1 of this decree.

603

The minister of the Interior
and decentralization,

Under no circumstances are operators liable for
penalties, reimbursement of communication credits

Raymond Zéphyrin MBOULOU

cation, or damages, of some
nature whatsoever, due to receipt or
suspension of a customer's line, resulting from
non-compliance with the provisions of the previous paragraph.

B - SPECIAL TEXTS

Article 5: In the event of a line suspension, the operations
tors grant their clients a period of sixty
days, from the date of effective suspension,

MINISTRY OF FOREIGN AFFAIRS
AND COOPERATION

to allow them to identify themselves. After this time, they
can terminate the line.
NOMINATION
Article 6: In the event of transfer of a line, the transactions
Decree n ° 2010 - 547 of July 20, 2010 .
Mr. OKIO ( Luc Joseph ), Minister Plenipotentiary of

ters take all the necessary steps to
identify the new user.

2nd class, diplomatic and consular staff,
Article 7: Operators are required to take all

appointed to 1st class effective May 11
2010.

make arrangements to ensure the protection
tion, integrity and confidentiality of data to

This decree takes effect from the date
above indicated.

personal character that cannot be disclosed
only for defense and security reasons.
Article 8: Operators have a period of
twelve months, from the date of entry into force
of this decree, to identify

MINISTRY OF LAND AFFAIRS
AND THE PUBLIC DOMAIN

all customers whose identity has not yet been established.
blie.
NOMINATION
Article 9: The minister responsible for justice, the minister
Decree n ° 2010 - 552 of July 26, 2010 . Mr.
NDINGA-KOULA ( Alphonse ) is appointed director
general of land affairs, cadastre and
topography.

be in charge of national defense, the minister in charge
of the interior, the minister in charge of telecommunications
tions are responsible, each as far as it is concerned, to
the execution of this decree, which will be registered and
published in the Official Journal of the Republic of Congo.

Mr. NDINGA-KOULA ( Alphonse ) will receive the compensation
nities provided for by the texts in force.

Done in Brazzaville, July 26, 2010

This decree takes effect from the date of
Mr. NDINGA-KOULA ( Alphonse ) takes office.

By the President of the Republic,
Denis SASSOU-N'GUESSO
The Minister of Posts, Telecommunications and
new communication technologies,

Decree n ° 2010 - 553 of July 26, 2010 .
Mr. KIBOUANGA ( Barthélemy ) is appointed director
general of the domain of the State.
Mr. KIBOUANGA ( Barthélemy ) will receive the compensation
ties provided for by the texts in force.

Thierry MOUNGALLA

This decree takes effect from the date of
Mr. KIBOUANGA ( Barthélemy ) takes office.

The Minister of State, coordinator of the pole
of sovereignty, keeper of the seals,
Minister of Justice and Human Rights,
Liked Emmanuel YOKA
The Minister of the Presidency in charge of
national defense,
Charles Zacharie BOWAO

Page 11604

Official Journal of the Republic of Congo

NON-OFFICIAL PART

AD

ASSOCIATIONS
Department of Brazzaville
Creation
Year 2010
Receipt No. 148 of June 30, 2010 .
Declaration to the Ministry of Land Administration
toire and decentralization of the association
called: '' HORIZON FAST ASSOCIATION FOR
COMMUNITY DEVELOPMENT '', in acronym
'' AHFDC ''. Socioeconomic association
mique. Purpose : to contribute to the supply of
Congolese domestic market in agricultural products
local ; transform local products; protect
environment and ensure a better quality of
life. Headquarters : 119, rue Berlioz, Bacongo,
Brazzaville. Date of declaration : April 27, 2010.
Receipt n ° 179 of July 14, 2010 .
Declaration to the Ministry of Land Administration
toire and decentralization of the association called
mée: '' WORD PEACE-ONLUS-CONGO FOUNDATION ''.

Page 12

N ° 30-2010

Social association. Subject : obtain a
lasting peace in the Congo through the union of peoples and
realization of socioeconomic and human projects
of common interest. Headquarters : 3, avenue
William Guynet, downtown, Brazzaville. Date of
statement : October 5, 2009.
Receipt n ° 180 of July 14, 2010 .
Declaration to the Ministry of Land Administration
toire and decentralization of the association called
mée: '' THE DYNAMICS OF RENOVATION '', in acronym
'' LDR ''. Political association. Subject :
contribute to improving the living conditions of
populations of the district of Epéna; promote peace,
democratic culture and good governance;
reconcile and consolidate the bonds of solidarity and
nity between the sons and daughters of the district of Epena in particulier and Congo in general; defend rights
of man. Headquarters : 77, rue Nkombo-Tsika,
Ouenzé, Brazzaville. Declaration date : March 4
2010.
Receipt n ° 185 of July 14, 2010 .
Declaration to the Ministry of Land Administration
toire and decentralization of the association called
mée: '' PENTECOTIST CHURCH UNITED IN REPUBLIQUE DU CONGO '', in acronym '' EPURC ''.
Religious association. Subject : to spread
by good legal means the gospel of JesusChrist; establish local churches for the sake of
his members ; establish educational institutions and
works of community interest. Headquarters :
33, rue de la Victoire, Mikalou II, Mfilou-Ngamaba,
Brazzaville. Date of declaration : May 27, 2008.

Printed in the workshops
of the Printing Office of the Official Journal
BP: 2087 Brazzaville

