August 17, 2020

The Honorable Steven T. Mnuchin
Secretary of the Treasury
U.S. Department of Treasury
1500 Pennsylvania Avenue, N.W.
Washington, DC 20220

The Honorable Michael R. Pompeo
Secretary of State
U.S. Department of State
2201 C Street, N.W.
Washington, DC 20520

Dear Secretaries Mnuchin and Pompeo:

Almost 18 months after Felix Tshisekedi assumed the presidency of the Democratic Republic of
Congo (DRC) following the combined 22 year rule of Laurent and Joseph Kabila, the country’s
new leadership has yet to meaningfully curb high-level corruption, continuing state capture by
former President Joseph Kabila and his acolytes, and systematic violence perpetuated by state
security forces and their armed proxies in the east.

The United States has a historic opportunity to help address structural challenges in DRC by
working with partners to build strong democratic institutions with particular emphasis on those
that combat corruption and build the rule of law. In particular, U.S. efforts should focus on
dismantling the kleptocratic system of former President Kabila such that DRC’s vast natural wealth
benefits the Congolese people. Without tackling corruption and its impact on governance issues,
from violent conflict to elections and human rights, this brief moment of promise will be lost to
the same forces that have contributed to a history of exploitation in DRC.

Change is possible. President Tshisekedi has opened political space to allow for greater public
dialogue on transparency and good governance, and has pledged to crack down on official
corruption. The Tshisekedi administration must now make good on its commitments. The ongoing
investigation of former Gécamines chairman Albert Yuma (a key figure in Kabila’s inner circle)
and conviction of President Tshisekedi’s chief of staff Vital Kamerhe for corruption and
embezzlement are promising signs of progress. However, more can be done. For example, the
government could take advantage of some of the reforms made in the Mining Code of 2018 that
aim to improve transparency in the areas of revenues and contracts in the extractive sector. The
United States should press the Tshisekedi administration to take further actions along these lines,
and use available tools to isolate the spoilers to reforms.

The Honorable Steven T. Mnuchin and the Honorable Michael R. Pompeo
August 17, 2020
Page 2

Specifically, we urge the State and Treasury Departments, along with other interagency partners,
to work together to do the following:

● Advance electoral reform. Preparations for the 2023 presidential and parliamentary
elections, and decision-making about long overdue local elections, must begin in earnest if
we are to avoid the numerous delays and serious shortcomings of the 2015-2018 process,
many of which stemmed from pervasive corruption in election administration. Three
members of the National Independent Electoral Commission (CENI) leadership, including
President Corneille Nangaa, were sanctioned by OFAC last year for their role in
obstructing democratic electoral processes, including embezzlement of CENI operational
funds and fraud in procurement processes for personal enrichment and to benefit
campaigns of Kabila-backed candidates. We were pleased to see that efforts are underway
to identify new CENI leadership, including a replacement for Nangaa, a critical first step.
We must be vigilant in monitoring developments regarding the CENI, as it is susceptible
to capture by undemocratic interests and depends on the National Assembly, which
maintains a majority aligned with former President Kabila, to approve new members. We
must be clear that any future administration (including a Tshisekedi second term) that
comes to power by means other than a credible democratic election will not enjoy friendly
relations with the U.S.

● Expand targeted sanctions: The U.S. should designate additional officials and companies
responsible for or complicit in high-level corruption, including the misappropriation of
state assets, for targeted financial and travel sanctions. A key way to deter high-level
corruption is to establish a credible threat that potential perpetrators will face
consequences. Sanctions have proven to be effective in DRC in recent years: DRC’s
financial system is largely dollarized, and many elites regularly travel to Western countries
and maintain assets in the global financial system. The U.S. should also consider measures
to address already-designated individuals who are circumventing sanctions through the
establishment of new companies. The U.S. should continue to urge the DRC government
to remove generals who have been sanctioned by the U.S. for their involvement in gross
human rights abuses from office, and to establish an accountability mechanism for highlevel
military officers who have committed grave crimes.

● Undertake anti-money laundering measures: The Financial Crimes Enforcement
Network (FinCEN) of the Treasury Department should consider whether it is appropriate
to issue a money laundering advisory about the risks of doing business with certain parts
of DRC’s banking and mining sectors, particularly highlighting connections to individuals
and entities associated with corruption. A robust use of anti-money laundering measures
could disrupt the ability of Congolese officials to launder the proceeds of corruption
abroad, including through the U.S. and European financial systems. In addition, Treasury
should provide technical support to the DRC government to revise its anti-money
laundering/countering the financing of terrorism (AML/CFT) framework to meet
international standards.

The Honorable Steven T. Mnuchin and the Honorable Michael R. Pompeo
August 17, 2020
Page 3

● Make anti-corruption reforms a condition of IMF non-emergency lending: The U.S.
IMF Executive Director should insist on anti-corruption reforms, particularly regarding
mining sector transparency, as a condition for a future International Monetary Fund (IMF)
Extended Credit Facility loan to the DRC government. In particular, the DRC government
should be required to ensure that state-owned companies publish annual financial reports,
undergo and publish the results of independent audits, and replace officials in their upper
management who have been implicated in large-scale corruption. The DRC government
should also be required to ensure that mining contracts and addenda are published.

● Address conflict gold: As gold reportedly continues to be among the biggest sources of
finance for armed groups in eastern DRC, the U.S. should take action to disrupt illicit
supply chains. Doing so, however, requires a regional approach. The U.S. should consider
sanctions against companies and middlemen, including in Rwanda, Uganda and United
Arab Emirates, which facilitate the illicit export of gold while also working with partners
to pursue prosecutions for money laundering and other violations of law related to these
issues. Additionally, the State Department should work with the International Conference
on the Great Lakes Region (ICGLR) to facilitate negotiations among the governments of
DRC, Uganda and Rwanda to harmonize their export taxes on gold. In addition to being a
human rights issue in its own right, we saw the tragic consequences of armed groups in
mining areas in the ongoing fight against Ebola in eastern DRC.

If the Tshisekedi administration can demonstrate progress in countering corruption and advancing
reforms to meet the needs of the Congolese people, it will weaken the predatory system that has
plagued the country and left too many of its citizens living in poverty and vulnerable to violence.
We look forward to working with you to support a reformed governance system in DRC that
prioritizes the well-being of the Congolese people.

Sincerely,