Reply To: Congo DRC Government of National Unity

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Through Ordinance No. 16/065 of 14 July, the head of state has to provide his Special Adviser on good governance and fight against corruption, money laundering and terrorist financing, d a well-organized closet, with loads could not be more clear. Things seriously will have to start. Below, the order of the Head of State.

Order n ° 16/065 of 14 July on the organization and operation of the services of the Special Advisor of the Head of State on good governance and fight against corruption, money laundering and terrorist financing

The president of the Republic,

Considering the Constitution, as amended by Law No. 11/002 of 20 January 2011 amending certain articles of the Constitution of the Democratic Republic of Congo, especially in Articles 69 and 79;

Considering Ordinance No. 09/003 of 30 January 2009 on the organization and functioning of the office of the President of the Republic, especially in its Articles 3,8,9;

Considering Ordinance No. 15/021 of 31 March 2015 appointing the Special Advisor to the Head of State on good governance and the fight against corruption, money laundering and terrorist financing; saw the need and urgency;

orders:

Chapter I: General provisions

Article 1 :

State Councillor Head of Special on good governance and fight against corruption, money laundering and terrorist financing is under the direct authority of the Head of State to whom he reports directly to the mission.

He holds the Director of Cabinet of the President of the Republic informed of its activities.

Article 2:

Special Adviser to the Head of State on good governance and fight against corruption, money laundering and terrorism financing shall:

Design, develop and propose to the head of state strategies and policies to be implemented by institutions of the Republic to promote good governance and fight against corruption, money laundering and terrorist financing;
Make conduct all investigations, inquiries, and instructions could identify, stop and punish any individual or group of individuals, organizations, agencies, businesses or other services involved in bribery, laundering of capital and financing of terrorism;
Work with the General Inspectorate of Finance, the National Financial and other control services Information Cell to open preparatory and preliminary investigations in referral to the courts on corruption cases, graft, embezzlement of public funds, fraud , money laundering and terrorism financing submitted by the head of State or whistleblowers;
Dresser monitoring corruption, embezzlement of public funds, from money laundering and terrorist financing;
Propose to the Head of State of any guidance and sanctions to be applied in each case or circumstances in accordance with the Constitution and laws of the Republic, in order to facilitate the possible collaboration with conventional investigative services.

To do this, members of the Special Adviser services will bear the status of judicial police officer with general jurisdiction in the Democratic Republic of Congo.

The Advisor uses the services of the magistrates of the competent public prosecutor and where appropriate, the Minister of Justice, for any act of jurisdiction relating to the implementation of public policy.

He shall inform the President of the Republic.

Article 3:

The Special Advisor may also require any person or public service likely to bring his expertise to establish the facts in the submitted files to it, after having informed the Chief of Staff of the President of the Republic.

The person or as required service is required to comply therewith.

Chapter II: organization and operation

Article 4:

In order to accomplish its mission, the Special Adviser has an office.

Article 5:

The Office of the Special Adviser is composed of a staff comprising a chief of staff, a deputy head of cabinet, senior advisors, in charge of missions, a private secretary, analysts and a private secretary, analysts and a technical support secretariat headed by a technical assistant.

Staff size can change as necessary. It is set by the Director of Cabinet of the President of the Republic.

The Special Adviser may use external providers services if necessary, the express permission of the Chief of Staff of President of the Republic.

Article 6:

An internal regulation determines the prerogatives of each service.

Cabinet members are appointed and, if necessary, removed from office by the Special Advisor. He shall inform the Chief of Staff of the President of the Republic.

Article 7:

Members of the Special Advisor services are required to conduct and the disciplinary regime of the Office of the President of the Republic.

Article 8:

Members of the Special Adviser services that have a personal interest in this matter submitted to services should refrain from treating or take part in the proceedings relating thereto. They are required to inform the Special Advisor to drop everything.

Chapter IV: Staffing and other benefits

Article 9:

The services of special advisor benefit from staffing and specific logistics operation determined by the president.

Article 10:

The remuneration and other benefits the Special Advisor and members of its services are set by the President of the Republic.

Article 11:

Except for cases of dismissal or voluntary resignation, the special adviser and political staff of his cabinet have an exit payment equal to six months of their final salary on termination of their duties

Chapter V:

Article 12:

Are repealed all previous provisions contrary to this order.

Article 13:

The Chief of Staff of the President of the Republic and the Special Adviser of the Head of State on good governance and fight against corruption, money laundering and terrorist financing are responsible, each in respect of the execution of this order comes into force on the date of signature.

Done at Kinshasa, 14 July 2016

Joseph Kabila

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