Non-Governmental Organization
“In the Democratic Republic of Congo, NGOs are categorized as Non-Profit Associations responsible for community development. They are governed by Law No. 004/2001 of 20 July 2001.”
In recent years NGOs have been key players in community developments and through their initiatives and active involvement we can see the positively influence that they had on our forestry, water and nature conservation sectors.
They significantly constitute a balance to government actions and simultaneously relaying sovereignty acts of the Congolese state. The success of NGO’s in the DRC is contributed to joint management and public-private partnerships.
MBM Conseil is invested in this regard and helps NGOs to:
- To be constituted in accordance with Congolese law
- To be legally structured in accordance to each organization specificities
- To be registered with all official bodies
- To obtain legal personality (for national NGO)
- To obtain authorization to operate (for foreign NGO
- To sign a framework agreement with the Government
- To obtain tax exemption corresponding to assigned objectives
Our Firm conducted studies related to NGO taxation especially in the water sector. We are campaigning to alleviate the taxation of these organizations that are participating and supporting the implementation of the states policy
Environment and Natural Resource Sustainability
The Democratic Republic of Congo is renowned for its biodiversity and has enormous natural resources.
Our Firm is a key figure and specializes in this sector. We are participating and contributing to publications and legal opinions to diffuse and promote the DRC environmental law.
The sectors we specialize in:
- Forestry
MBM was directly and actively involved with the drafting of the Forestry Code in 2002 and of its enforcement measures.
Expert interpretation of the Forestry law with an extended reach to interconnected sectors allows MBM clients to comply with law and conform to international principles.
- Obtaining forestry exploitation permit
- Obtaining logging permit
- Renewing of permit
- Acquiring a forestry concession
- Support in signing binding agreements
- Support in signing social binding agreements
- Development of social projects
- Assistance in negotiating with local populations close to the forestry concession
- Water resources
The management of water resources and the crises surrounding it are perceived as the route of future conflicts. The Democratic Republic of Congo possesses significant resources that are attractive and much needed by many nations in shortage of water.
Our Firm has proven expertise in this field. Our lawyers (national consultants) have contributed and participated in the drafting of the DRC Water Code. We e are associated to the implementation of projects developed by, bi or multilateral organizations related to decentralization and its implications in the water sector.
- Study on drinking water piping in remote urban areas
- Decentralization and involvement in the control of water sectors within rural areas
- Formalization of agreements between provincial entities and associations of water consumers
- Standardization of contracts for secondary water distribution centers
- Hydrocarbon
Oil resources of the DRC are in expansion with the discovery of deposits almost in all national territories. Under the 1981 Act, few oil companies invested in exploration and exploitation (small scale).
Our Firm assists companies to exploit petroleum permanently by complying with the national legislation. The Production Sharing Contract (PSC) signed between investors and the Congolese government remains currently the sole enforceable instrument.
Operators and stakeholders in hydrocarbon sectors are expecting a new law that will regulate this growing sector.
The subdivision of hydrocarbons required our Firms knowledge and extended expertise in the implementation of environmental considerations in the hydrocarbon sector.
- Sustainable Development
Since the promulgation of the law on basic environment principles, any project, any industrial and semi-industrial exploitation is subject to compliance with environmental considerations for sustainable development.
- Expertise in environmental assessments
- Expertise in environmental auditing
- Expertise in environmental impact studies
- Expertise in consultation with local communities in matters affecting their livelihood
The legality and the environmental compliance requirements are compulsory for rational exploitation of natural resources and other activities.
MBM is reconciling exploitation and sustainable development and in doing so finding harmony between economic and environmental challenges
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