Dan Gertler

23/10/2022

DRC improves extractive sector transparency but more needed – anti-graft body​


The Democratic Republic of Congo (DRC) has made progress in implementing transparency in its extractive mining sector but needs to do more in publishing contracts and revenues from the sector, a global anti-corruption body said.

The Extractive Industries Transparency Initiative (EITI), which sets a global standard for good governance in oil, gas and mineral resources, said the DRC has achieved a high overall score in the implementation of the 2019 EITI Standards.

The standards include good governance, clear legal framework and fiscal regimes, and publishing of contracts and revenues.

President Felix Tshisekedi has promised to tackle corruption and opacity on Congo’s mining sector and vowed to review and publish deals that did not benefit the country, world’s largest producer of cobalt and Africa’s leading miner of copper.

The DRC has published around 200 contracts and related documents in the last two years, including deals with Chinese companies and Israeli businessman Dan Gertler, who is under US Treasury sanctions, EITI Congo national coordinator said.

“Congo has strongly distinguished itself … on the quality of the public debate around transparency in the extractive industries,” Jean-Jacques Kayembe, the new EITI national coordinator, told Reuters.

He added the country was rated lower on other criteria due to the lack of a register of beneficial owners, delays in setting a mining fund for future generations and on the transparency of sub-national payments of mining royalties.

“Congo stakeholders are still requesting the publication of the latest agreement signed between Dan Gertler and the state on the transfer of certain mining assets,” Kayembe said, adding that the issue was on the agenda of the next EITI Executive Committee meeting on October 27.

copperbeltkatangamining



23/10/2022

Congo-Kinshasa: Tshisekedi Needs to Clean Up His Inner Circle​

Institute for Security Studies (Tshwane/Pretoria)

ANALYSISBy Peter Fabricius
This could help remedy the lack of international investment in the DRC - a country brimming with potential.

President Félix Tshisekedi this week was the keynote speaker at the Financial Times (FT) Africa Summit on investing in Africa. Tshisekedi extolled the attractions of the DRC's huge reserves of minerals critical to the green industrial revolution, such as cobalt, lithium, copper and chrome. Also, the country's enormous untapped agricultural potential with 80 million hectares of arable land, of which only 10 million had been planted, and the vast potential of the Congo River for creating green hydrogen. The DRC president acknowledged that international investors could have doubts about the business climate, including questions about institutionalstrength and the insecurity in the east. But he blamed the latter on Rwanda's 'predatory power' and its support for the 'terrorist' M23 group. Tshisekedi lashed out at the international community, particularly the media, for its 'complicit passivity' in allowing the impression to persist of a continent only of problems.

But is the DRC really so attractive to investors, and is the president helping to make it so? It's common cause that Tshisekedi didn't win the 2018 presidential election and that a deal was struck with outgoing president Joseph Kabila that allowed Kabila to retain considerable power while Tshisekedi got to the top job

Tshisekedi again seemed to blame international investors and perhaps governments, suggesting that the project would go ahead if the US and Europe were involved. He agreed this meant the delay was 'political' saying: 'I think there are some problems at the international level because I see no one wanted him (Fortescue boss Andrew Forest) to go alone to the DRC and to do something about it.

But is that the only obstacle to the investments the DRC badly needs, in Inga and otherwise? Is it all about international politics and rivalries among foreign powers as the president seemed to imply?

The continuing saga of Dan Gertler suggests something else is afoot. Gertler is the Israeli businessman who 'amassed his fortune through hundreds of dollars worth of opaque and corrupt mining and oil deals' in the DRC, as the US Treasury said when it froze his US assets in 2017. It said he used his friendship with Kabila to buy mining assets at below market value and sell them at massive profit. Presumably Kabila and his cronies took big cuts in the deals.

Gertler persuaded the Trump administration to suspend those sanctions, but the Biden administration reinstatedthem almost immediately. The US seems determined to dislodge Gertler's grip on the DRC as a first step in cleaning out the massive corruption that has bedevilled the country, especially under Kabila.

But Gertler is a determined individual 'who is doing all that he can to remove the obstacles that prevent him doing further business in the DRC,' Stephanie Wolters, DRC expert at the South African Institute of International Affairs told ISS Today. And that's because, as she notes, Gertler is a 'one-horse show. The DRC is his entire career as a multi-billionaire.'

In February the DRC announced it had done a deal with Gertler in which he had to surrender to the state billions of dollars of assets in exchange for the reimbursement of expenses and Kinshasa's support in lifting the US sanctions. But neither side has published the full deal, raising suspicions in DRC that it's a better deal for Gertler than Tshisekedi's government cares to admit.

And this week, Africa Intelligence revealed that Gertler seems prepared to go to extraordinary lengths to maintain his influence in the Tshisekedi administration. That would strongly suggest he still has contentious commercial ambitions in the country.

The bulletin reported that Gertler launched sting operations against senior officials in Tshisekedi's inner circle who were acting against his interests. Africa Intelligence said Gertler used private eyes masquerading as potential investors to lure Tshisekedi's oil minister Didier Budimbu Ntubuanga and his presidential adviser Vidiye Tshimanga to meetings in Brussels and London respectively. Both were supposedly recorded taking bribes and forced to resign.

So Wolters says Gertler's efforts to intimidate potential enemies around Tshisekedi seem to have worked. 'Other ministers who are not on his side are feeling increasingly threatened and are increasing their own security.'

Where does Tshisekedi stand on this? Wolters notes: 'He can't do business with Gertler unless he chooses to turn his back on or face the wrath of the US.' She added that Tshisekedi 'seems to want to support Gertler's effort to get sanctions dropped, but it's a very delicate matter and Tshisekedi needs to tread carefully because the US is a really important supporter of the Congolese government.' All this intrigue leaves doubts about Tshisekedi's true intentions for Gertler.

Instead of making extravagant claims about the DRC's investment opportunities and blaming the lack of investment on prejudices about Africa, Tshisekedi should firmly and transparently get rid of the likes of Gertler. How can he expect honest investors to sink their funds into such a murky cesspool?

Peter Fabricius, Consultant, ISS Pretoria
Read the original article on ISS.

 
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29/11/2022

DRC: "Dan Gertler must be prosecuted and his property seized instead of negotiating with him and serving as his lawyer" (Jean-Claude Mputu)


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Dan Gertler, Israeli businessman

Congolese civil society continues to demand the publication of the contract signed between the government and the Ventora company of the Israeli businessman, Dan Gertler. Said publication, which should already take place on November 25, has been postponed to a later date. The International Monetary Fund (IMF) insists on the need to make this contract public. This contract, according to the Congolese authorities, allowed the State to recover mining and oil assets, estimated at 2 billion dollars in exchange in particular for the abandonment of the proceedings. What does the Congo Not for Sale (CNPAV) think about the publication of this contract? Jean-Claude Mputu, spokesperson for the CNPAV answers our questions. Under pressure from the IMF, the government and the presidency promised to publish the Gertler

If the situation were not so serious, it would give rise to a smile, because here are people who, not so long ago, called us agents of the capitalists because we demanded respect for our own laws, in particular of the Mining Code by requiring the publication of this contract. No one has forgotten all the pretexts mentioned and there suddenly because the IMF asks for it, they say they are ready to do it. We then await publication.

What do you continue to reproach with this contract?

It is that we have always said that this contract is not only unbalanced for the DRC but that it is also a danger for our country because Gertler this corrupt man endangers our country and our authorities by signing an agreement with a person under sanctions for acts of corruption with us have not only participated in the violation of said sanctions but have proven that in fact anti-corruption slogans are rubbish. Gertler should be prosecuted and his property seized in the DRC instead of negotiating with him and serving as his lawyer. I am ashamed for my country to see us serve as an advocate for a man whom the Head of State's own Deputy Chief of Staff has called a primary architect of predation and corruption in our country.

The indirect proof that this contract was badly negotiated and is not this century contract that they tried to sell us, is that we are talking today about renegotiation..., the absurd proof that the whole campaign rise around this contract was only window dressing. It's so sad to give money to Gertler at a time when the country needs the money to deal with the aggression that our country is suffering.

What do you expect from the government today?

Nothing new than what we have always asked for, the simple cancellation of this contract and legal proceedings against Dan Gertler and all his accomplices. It is just unbelievable that in this contract the government can still give money to Gertler and that impunity continues.

The Congo is not for sale hope today that the pressure of the IMF will push the President of the Republic to take his responsibilities not only to cancel this contract but also to sanction all those who have contributed to this more scam. It is time that the white collar criminals who populate our administrations begin to answer for their actions.

A last word perhaps?

Yes. Publishing mining contracts is a requirement of the mining code and of the EITI principles and it meets several good governance requirements. So I would like to highlight two. The principle of transparency and accountability vis-à-vis the citizen. To seek to circumvent them as the presidency and the government have done is illegal and constitutes a flagrant violation of the law and a presumption of guilt. Currently we hear that several agreements are in negotiation or concluded in the natural resources sector, in particular with a company called AJN which had already wanted to defraud Sokimo with the complicity of the former leaders. We are mindful of this and demand full transparency and accountability on these agreements. Our authorities must learn to respect our laws and to be accountable to the people on whose behalf and for whose interests they are supposed to work. Which is far from being the case today.

 
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01/12/2022

After the publication of the DRC - Ventora Group agreement, Nicolas Kazadi closes the debate: "We are totally winning as a result of this agreement"

December 1, 2022Faustin KUEDIASALA0

In the agreement signed on February 24, 2022 between the Government and the Ventora Group of Israeli businessman Dan Gertler, there was no mystery to hide from the general public. Some civil society actors - those who no doubt wanted to put the cart before the horse - had made the publication of this agreement their hobbyhorse, going so far as to question its achievements which have especially enabled the DRC to recover the equivalent of more than two billion in mining and oil assets.

After a time of harmonization with the United States, which kept Dan Gertler under sanction, the Government finally broke the ice by making public the agreement reached last February. He was the Minister of Finance, Nicolas Kazadi Kadima-Nzuji, who was responsible for disclosing this agreement, in the presence of Civil Society, meeting on Thursday at the Blue Show of the Government building, in the municipality of La Gombe, in Kinshasa.

Present in the room, Civil Society applauded with two hands the transparency shown by the Government, rejecting all the bad predictions of those who made this publication a fixation to justify their existence.

Considering that the agreement reached with Dan Gertler is "a first step" in the operationalization of the assets thus recovered, Minister Nicolas Kazadi was formal on one point: "We are totally winning as a result of this agreement".

For Civil Society, represented by Georges Kapiamba of ACAJ, Professor Florimond Muteba of ODEP, Frank Fwamba of the "All for the Congo" coalition, Ernest Mpararo of LICOCO and many others, the next step is the implementation of this agreement, remaining, she wishes, in the pattern of transparency.

Here is the entire agreement signed on February 24, 2022 between the Government of the DRC and the Ventora Group.

Eco news

 
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06/06/2022

DAN GERTLER AND GECAMINES


DRC: Gécamines and the missing millions

The Congolese mining giant is the subject of a detailed report by the General Inspectorate of Finance (IGF). The conclusions finalised on 31 May, and to which we have had access, are damning: the anti…
www.theafricareport.com


DRC: Gécamines and the missing millions​

By Jeune Afrique

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Albert Yuma Mulimbi was removed as chairman of the Gécamines board of directors on 3 December 2021. © Vincent Fournier/JA

The Congolese mining giant is the subject of a detailed report by the General Inspectorate of Finance (IGF). The conclusions finalised on 31 May, and to which we have had access, are damning: the anti-corruption agency pinpoints a series of irregularities that led to the loss of several hundred million dollars.
A pillar of the Congolese economy, Gécamines had been in the crosshairs of the General Inspectorate of Finance (IGF) for several months. The anti-corruption agency had launched an extensive audit of the management of the emblematic public company, for the 2010-2020 period, when Albert Yuma chaired the board of directors.

READ MORE DRC: Albert Yuma removed as president of Gécamines
The audit was launched in September 2021. A few months earlier, Félix Tshisekedi had announced his intention to renegotiate the mining contracts signed during the two terms of his predecessor, Joseph Kabila. This initiative had so far resulted in a review of the “contract of the century” signed with China in 2008. However, the current president said he wanted a more comprehensive review of the sector to be carried out as well.

The IGF investigation, whose conclusions have long remained secret, and which we were able to consult exclusively, targeted – in particular – the conditions of sale or transfer of mining assets of Gécamines to private actors and, above all, the financial performance of a company regularly accused by NGOs of “selling off Congolese minerals”.

“Lack of control”​

For the IGF, all transfers of mining assets through partnership contracts were subject to irregularities. First, the report explains that “the deposits contributed by Gécamines […] have never been subject to an independent evaluation of the reserves”. The company’s shares in these agreements, which have been revised downwards over the years, were therefore determined in the absence of reliable estimates of the potential of assets concerned.

The IGF then highlights “the absence of profits made in all the partnerships concluded by the mining company”. Indeed, as the operators in question did not provide their own capital for the exploitation of these deposits, preferring, according to the IGF, to get into debt with their subsidiaries, the exploitation of Gécamines’ assets was very often “used to repay these credits”, depriving the Treasury of important tax revenues.

READ MORE DRC: 10 things to know about Alphonse Kaputo Kalubi, the new Gécamines boss

As Gécamines often has very little control over this type of contract, the investments made by the partners were regularly accounted for without the state-owned company making its own assessment. “None [of them] was able to distribute dividends before the 2020 financial year,” the report says.

Uncollected royalties​

A system of royalties, a fee “ranging from 1% to 2.5%” on the proceeds of the sale, which the companies had to pay, was supposed to avoid the capture of revenues from the exploitation of mining sites by Gécamines’ operators.

“This principle was neither generalised nor standardised, and the state never received as much money as expected. According to the anti-corruption agency, “from 2012 to 2020, Gécamines’ partners achieved a global turnover estimated at $35bn, while [the latter] only received $564m” in royalties (1.6%).

DRC: Gécamines takes over the artisanal cobalt mining sector
For example, Tenke Fungurume Mining, a project that inherited the largest reserves from Gécamines and has been successively operated by different companies, is not required to pay any royalties. Based on an estimated royalty rate of 2.5%, the IGF estimates that the shortfall for the period 2012-2020 is more than $360m.

Opacity​

This issue of royalties illustrates, above all, the great opacity in which the mining sector has developed over the past two decades. This lack of transparency is illustrated by the non-publication of certain mining contracts or the absence of traceability of the payment of door steps by certain partners.

Moreover, the report continues, the few assets and revenues that Gécamines was able to obtain in return did not benefit it. The IGF highlights several examples. The agency refers to a transaction signed in January 2015 between Gécamines, Africa Horizons Investment LTD (AHIL) and Kamoto Copper Company (KCC), under which the royalties generated by the 2.5% of KCC’s net turnover were transferred to AHIL, a subsidiary of the Fleurette group of Israeli businessman Dan Gertler. This sale would have caused Gécamines to lose more than $87m over the period 2015-2020. Contacted by us, the tycoon’s teams formally deny this allegation.

READ MORE DRC: The grey areas of the Dan Gertler deal

In addition to the sale of Gécamines’ shares in several joint ventures, the IGF also pinpointed the famous hybrid contract signed in 2008 with China, which provided for the construction of several infrastructures in exchange for mining permits. The state’s share of this contract, estimated at $175m, remains untracked in the Treasury’s general account to this day.

Debt​

Misuse of income from partnerships, creation of non-productive subsidiaries, non-payment of taxes due to the Treasury, debts of several tens of millions of dollars to staff and third parties… The report also denounces the internal management of Gécamines and raises suspicions of embezzlement.
The IGF teams recommend that the government prohibit the signing of partnership and farm-out contracts on the deposits that are still available

According to the IGF, the state-owned company presented a file on tax advances totalling $530,621,863. Of this amount, the IGF claims that only $178m were traced to the Treasury account, leaving more than $413m unaccounted for, even though the IGF claims in its summary dated 31 May to be continuing its investigations.

In conclusion, the IGF teams recommend that the government “prohibit the signing of partnership and farm-out contracts on the deposits that are still available” as well as the “transfer of Gécamines’ shares and rights in the contracts and partnerships in force”. Gécamines, for its part, is invited to “explore the possibilities of revising the royalty rate fixed in the farm-out contracts” and “initiate the necessary procedures for the recovery of mining assets sold at fixed prices”.

 
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23/10/2022

More on Dan Gertler (from @Frank)


Vidiye Tshimanga trapped by Dan Gertler?​

Some advisers to the President of the Democratic Republic of Congo are fighting back after the video which featured Vidiye Tshimanga and forced President Tshisekedi's strategic adviser, now in the eye of Congolese justice, to resign.​

Who framed Vidiye Tshimanga?​

A sketch of a response emerged last week following an investigation by online media Africa intelligence and it points to Israeli businessman Dan Gertler, now under US sanctions.​

Sanctions which did not, moreover, prevent Congolese President Félix Tshisekedi and members of his government from renewing ties with Dan Gertler.​

According to this investigation, Dan Gertler would have tried to trap the men of the president who put themselves or would have tried to get in his way.​

Two names are mentioned, two close friends of the President of the Republic who, like him, have long stayed in Belgium: Vidiye Tshimanga and the Minister of Hydrocarbons Didier Budimbu.​

Two men without experience and without political weight who quickly became, thanks to their proximity to the Head of State, essentials of power in Kinshasa.​

Dan Gertler would therefore be, to use an expression now fashionable in the DRC, the "black hand" who would have "pushed" Vidiye Tshimanga to "propose a corrupt pact".​

He would also have tried to trap Didier Budimbu who, more cautious, would not have succumbed to the temptation and would not have come to a meeting with "the private investigators" responsible for trying to corrupt him.​

It is obvious that this case raises many questions. It is obvious that Vidiye Tshimanga was framed.​

It is obvious that whoever set up this trap has significant financial means.​

It is obvious that the journalists from Le Temps who revealed the video in which the former adviser explains his closeness to the president, the tips and tricks for acquiring mining rights and what he intends to gain in this "business" to the detriment of the Congolese State did their "job" by confronting Mr. Tshimanga with his statements before publishing these images.​

Corruption at the top​

But the concern is not so much the trap as the corrupt practices at the pinnacle of power in the Democratic Republic of Congo.​

Without these deeply criminal practices, which impoverish the State, which are concluded to the detriment of one of the poorest peoples in the world, there is no trap and no trapped adviser.​

Vidiye Tshimanga, auditioned and placed under a provisional arrest warrant on September 21, released six days later, is responsible for his remarks regardless of who sponsored the entire staging that precipitated his fall.​

Congolese justice must continue its investigations.​

Beyond this adviser, it is the presidency of the Republic which is splashed by this scandal.​

The adviser insists throughout his interviews with the “private investigator” on his close relations with the president and the presidential couple.​

The "change of narrative" which would aim to blame Dan Gertler does not change anything in the facts - which remain stubborn - and in the words of the adviser.​

This counter-offensive simply exposes the Congolese head of state a little more because it recalls the rapprochement between the President of the Republic and the one whom Washington has put under sanctions.​

A feeling of saving who can, even if it means harming the highest authorities. :oops:

mediacongo​

 
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09/04/2023
Bin59 Posted


#RDC : "I have decided to suspend all the lawsuits I have brought against NGOs and the media.", Dan Gertler's decision during this Jewish and Christian Easter period. He explains that, "non-governmental organizations are an important part of our society, as they clarify justice and guarantee human rights."

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An old case involving Gertler where they suggest Mupande’s involvement in fraud - another mess created by JFMK at CAMI 👇

LEGAL | Thaurfin


xhuart.wixsite.com
xhuart.wixsite.com

LEGAL​

The Mining Registry Office has given mining permits to Dan Gertler, by illegally discounting those that have been granted legally via ministerial order, for which Thaurfin Ltd is the current legal owner. The judgement that holds value of title, ordering JEKA to transfer the 3 mining permits in question to Eng. Pol Huart, became definitive on the 1st December 2017.

On the 15th December 2017, Mr Jean Mbuyu (First Adviser to the President) visited with Pol Huart the General Director of the Mining Registry Office, Jean Felix Mupande: Mr Mupande disproved of this judgement. Consequently Mr Valery Mukasa, Chief of Staff of the Mining Ministry, was payed a visit. He confirmed that the 3 mining permits had never been cancelled, before having been granted to IME (Dan Gertler). The First Adviser to the President then attempted to commence a friendly conversation with Dan Gertler on the matter at hand, but he refused.

Dan Gertler’s reaction was to initiate a third-party opposition to a judgement from 2011. This opposition should never have been deemed admissible, for a whole range of reasons (see Summary).

Dan Gertler’s reaction is both interesting and instructive because by definition, it proves the validity of Thaurfin’s mining permits. Dan Gertler (DG) yet again finds himself involved in a fraudulent procedure, having no legal argumentation to cover the latter’s validity. It reveals his true identity of despising a countries’ justice system and its’ institutions. It also proves that particular parts of DRC authorities still show allegiance to the billionaire tycoon.

Thaurfin will be countering this feeble third-party opposition. Thaurfin also deems it necessary that a renowned attorney’s office spearheads the legal case from here onwards, enabling them to gain maximum access to all legal documents and to ensure no allegiance to DG.

Funding legal action in front of international courts will be supported through the sale of company shares, to both sue for damages suffered and to shine light on the corrupt handlings of the mining permits by part of DRC government. Subsequently, Thaurfin will recommence progress with the unique Mbomo-Mountains project.


Summary PDF (Eng. Pol Huart)
This well documented legal-case demonstrates the fraud committed by the Mining Registry Office (DRC). As long as companies around the globe are afraid to conduct business in the DRC, an organic influx of capital into the country is put on hold, the releasing of which will inevitably elevate the possibilities of wealth-creation to all Congolese citizens.

https://774b45fe-c451-4310-a45a-822...d/fdea3f_2d138d43369f4bd299640e7ea0625007.pdf
 

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