Through Decision No. 025/ARSP/DG/2026 of 18 September 2026, the Director General of the Regulatory Authority for Subcontracting in the Private Sector (ARSP) ordered KAI PENG MINING and COMPAGNIE MINIÈRE DE LWISHA SAS, operating in the provinces of Lualaba and Haut-Katanga, to comply with the legal provisions governing subcontracting in the private sector.
Following inspection missions conducted by ARSP, it was established that, during the periods concerned, these companies had awarded contracts to enterprises that did not meet the eligibility requirements set out in Article 6 of the law. The lists submitted identified twelve ineligible subcontractors for KAI PENG MINING and ten for COMPAGNIE MINIÈRE DE LWISHA.
The decision notably requires the companies:
- not to award, renew or extend subcontracting contracts for the benefit of the companies listed in the annexes to the decision;
- to terminate ongoing contracts concluded with those companies;
- to remove those companies from their subcontractor records until their situation has been regularised with ARSP.
The two companies are also formally required to submit, within thirty days of notification of the decision, a mandatory corrective action plan specifying, in particular, the measures and timetable for terminating the contracts concerned, evidence that the companies have been removed from their subcontractor records, and measures intended to open access to their contracts to eligible subcontractors.
ARSP will conduct a subsequent inspection to verify the effective implementation of the corrective action plan. Failure to comply with the decision may expose the companies concerned to the sanctions provided for under the applicable legislation. The decision takes effect on the date of its signature.