Back to Analyses

Democratic Republic of the Congo

Retail_Trading_Status

Gray-Zone High Confidence
Edit
Analysis ID
#644
Version
Latest
Created
2025-12-12 04:07
Workflow Stage
Step 1

Executive Summary

Retail cryptocurrency trading in the Democratic Republic of the Congo (DRC) exists in a regulatory gray zone. While the possession and trading of cryptocurrencies are not explicitly criminalized for individuals, the Central Bank (Banque Centrale du Congo - BCC) has issued warnings declaring unlicensed crypto-related savings schemes unlawful and stating that crypto is not recognized as legal tender. A draft 'Digital-Asset Law' and a regulatory sandbox are reportedly under development to formalize the sector, but no permanent licensing regime is currently in force. Despite this lack of regulation, major exchanges like Binance have integrated with local mobile money services, and industrial-scale Bitcoin mining is legally conducted by entities like Virunga National Park.

Key Pillars

Banque Centrale du Congo (BCC): The primary financial regulator; issues warnings against unregulated savings collection and manages monetary policy.
CENAREF (Cellule Nationale des Renseignements Financiers): The Financial Intelligence Unit responsible for AML/CFT monitoring; actively trains agents on tracing crypto assets and confiscation.
Ministry of Digital Economy: Involved in drafting the future regulatory framework and overseeing the proposed regulatory sandbox.
Ministry of Finance: Oversees tax policy, with proposed measures to tax crypto gains under general capital income categories.

Landmark Laws

Avis au Public (Public Warning) on Cryptocurrencies (BCC Avis au Public) - Enacted: 2018-11-09
- A central bank notice warning the public against 'unlicensed structures' collecting savings via cryptocurrencies. It clarifies that crypto is not recognized as currency and that only licensed credit institutions can collect public savings.
- Source

Law No. 04/016 on the Fight Against Money Laundering and Financing of Terrorism (Loi n° 04/016) - Enacted: 2004-07-19
- The foundational AML law. While predating crypto, CENAREF applies its provisions to virtual assets, requiring reporting of suspicious financial flows.
- Source

Draft Digital-Asset Law (Proposed) (Pending Legislation)
- A reported bill under review (as of late 2024/2025) aimed at establishing a licensing regime for Digital Asset Service Providers (DASPs) and creating a regulatory sandbox.

Considerations

Regulatory Sandbox: The government has established or is finalizing a regulatory sandbox to allow crypto businesses to operate under supervision before full laws are enacted.
Mobile Money Integration: Despite the lack of formal licenses, Binance announced integration with mobile money payment rails in DRC in late 2024, facilitating fiat on-ramps.
Mining Legality: Bitcoin mining is explicitly permitted and utilized by state-linked entities (e.g., Virunga National Park) for revenue generation, distinguishing DRC from countries with mining bans.
Taxation: Crypto gains are generally treated as movable capital income. A specific 5% withholding tax on large conversions has been proposed in draft finance bills.

Notes

The DRC presents a dichotomy between a cautious central bank and a pragmatic approach to mining and financial inclusion. The integration of crypto with mobile money (the dominant payment method in the region) is a critical development that likely accelerates adoption despite the lack of a formal licensing regime.

Remaining Uncertainties

  • The exact enactment date and final text of the 'Digital-Asset Law' remain unconfirmed in official gazettes.
  • The specific operational details of the regulatory sandbox (eligibility, current participants) are not publicly detailed by the BCC.
  • Whether the 5% withholding tax proposed in draft finance bills has been formally passed into law for the current fiscal year.

Detailed Explanation

The Democratic Republic of the Congo (DRC) maintains a gray-zone status for retail cryptocurrency trading, characterized by an absence of explicit prohibition alongside official warnings and a lack of a permanent licensing framework. The primary financial authority, the Banque Centrale du Congo (BCC), established a foundational position through its Avis au Public on Cryptocurrencies dated November 9, 2018. This public warning clarifies that cryptocurrencies are not recognized as legal tender and declares that only licensed credit institutions are authorized to collect public savings, thereby rendering unlicensed crypto-related savings schemes unlawful. While this does not criminalize individual possession or trading, it creates a significant regulatory caution. The broader anti-money laundering framework, governed by Law No. 04/016 of July 19, 2004, is actively applied to virtual assets by the Financial Intelligence Unit, CENAREF, which trains agents on tracing crypto assets and confiscation, imposing standard AML/CFT reporting obligations for suspicious transactions. The regulatory landscape is in a state of transition, with a Draft Digital-Asset Law reportedly under review as of late 2024/2025, aimed at establishing a formal licensing regime for Digital Asset Service Providers (DASPs). Concurrently, the government is developing a regulatory sandbox, overseen by the Ministry of Digital Economy, to allow supervised operation of crypto businesses ahead of full legislation. From a fiscal perspective, the Ministry of Finance oversees tax policy, with crypto gains generally treated as movable capital income and a specific 5% withholding tax on large conversions proposed in draft finance bills. This cautious yet evolving regulatory stance coexists with pragmatic on-the-ground developments. Major exchanges like Binance have integrated with local mobile money services, facilitating fiat on-ramps despite the lack of formal licenses. Furthermore, industrial-scale Bitcoin mining is explicitly permitted and legally conducted by entities such as Virunga National Park, a state-linked park, for revenue generation, a fact that distinctly separates the DRC from jurisdictions with outright mining bans.

Summary Points

I. Regulatory Status
* The Democratic Republic of the Congo (DRC) is in a regulatory gray zone for retail cryptocurrency trading.
* Possession and trading are not explicitly criminalized for individuals.
* No permanent licensing regime for crypto service providers is currently in force.
* A Draft Digital-Asset Law and a regulatory sandbox are reportedly under development to formalize the sector.

II. Key Regulatory Bodies
* Banque Centrale du Congo (BCC): The central bank and primary financial regulator; issues public warnings and manages monetary policy concerning crypto.
* CENAREF (Cellule Nationale des Renseignements Financiers): The Financial Intelligence Unit responsible for AML/CFT monitoring; actively applies existing laws to virtual assets.
* Ministry of Digital Economy: Involved in drafting the future regulatory framework and overseeing the proposed regulatory sandbox.
* Ministry of Finance: Oversees tax policy, including proposed taxation of crypto gains.

III. Important Legislation
* Avis au Public (Public Warning) on Cryptocurrencies (BCC Avis au Public) - Enacted: 2018-11-09
* A central bank notice warning the public against 'unlicensed structures' collecting savings via cryptocurrencies.
* Clarifies that crypto is not recognized as legal tender and that only licensed credit institutions can collect public savings.
* Law No. 04/016 on the Fight Against Money Laundering and Financing of Terrorism (Loi n° 04/016) - Enacted: 2004-07-19
* The foundational AML law. While predating crypto, CENAREF applies its provisions to virtual assets, requiring reporting of suspicious financial flows.
* Draft Digital-Asset Law (Proposed) - Pending Legislation
* A reported bill under review (as of late 2024/2025) aimed at establishing a licensing regime for Digital Asset Service Providers (DASPs).

IV. Compliance Requirements
* Entities must comply with AML/CFT obligations under Law No. 04/016, including suspicious transaction reporting to CENAREF.
* Unlicensed collection of public savings via cryptocurrencies is unlawful per the BCC's 2018 warning.
* Crypto gains are subject to taxation as movable capital income, with a proposed 5% withholding tax on large conversions.

V. Notable Restrictions or Limitations
* Cryptocurrencies are not recognized as legal tender by the Banque Centrale du Congo.
* Operating as an unlicensed entity that collects public savings in crypto is explicitly warned against and considered unlawful.

VI. Recent Developments or Notes
* Regulatory Sandbox: The government has established or is finalizing a regulatory sandbox to allow crypto businesses to operate under supervision before full laws are enacted.
* Mobile Money Integration: Despite the lack of formal licenses, Binance announced integration with local mobile money payment rails in late 2024, facilitating fiat on-ramps.
* Mining Legality: Bitcoin mining is explicitly permitted and utilized by state-linked entities (e.g., Virunga National Park) for revenue generation, distinguishing DRC from countries with mining bans.
* The environment presents a dichotomy between cautious regulatory warnings and pragmatic adoption in mining and payments.

Full Analysis Report

The regulatory status of cryptocurrency in the Democratic Republic of the Congo (DRC) is best classified as 'Gray-Zone'. This designation reflects a transitional environment where the government has moved beyond a simple 'hands-off' approach but has not yet implemented a comprehensive licensing regime. The Banque Centrale du Congo (BCC) initiated its stance with a 2018 public warning, cautioning citizens that cryptocurrencies are not legal tender and that entities collecting savings through them without a license are acting unlawfully. This warning effectively prevents traditional banks from offering direct crypto custody but has not resulted in a blanket ban on individual trading or possession.

In recent years, the DRC government has shifted towards a more accommodative but controlled approach. Reports indicate the development of a 'Digital-Asset Law' and the creation of a regulatory sandbox to foster innovation while mitigating risks. This 'draft law / sandbox only' status is a key indicator of a Gray-Zone environment. The Financial Intelligence Unit (CENAREF) actively monitors the sector for money laundering risks, conducting training on the tracing and confiscation of virtual assets, which implies a de facto recognition of the asset class's existence within the legal system.

Operationally, the environment is mixed. While there are no fully licensed local exchanges, international platforms operate with significant freedom. Notably, in October 2024, Binance announced the expansion of its mobile money payment services to the DRC, allowing users to buy crypto using local fiat rails. This integration suggests a level of tolerance or 'no-objection' from regulators that contradicts a strict ban scenario. However, the lack of a clear licensing framework leaves these operations in a legal gray area, dependent on the continued forbearance of the BCC.

A unique feature of the DRC's crypto landscape is the state-sanctioned Bitcoin mining sector. Virunga National Park, a UNESCO World Heritage site, has been mining Bitcoin since 2020 using surplus hydroelectric power to fund conservation efforts. This operation serves as a high-profile example of legal, institutional crypto activity in the country, further solidifying the view that the DRC is not hostile to the technology itself, but rather cautious regarding its financial stability implications.

Source Evidence

Primary and secondary sources cited in this analysis

2018-11-09

"La Banque Centrale du Congo informe la population congolaise du déroulement, au travers d'une prétendue crypto monnaie, de la collecte illégale de l'épargne du public..."

2024-06-17

"La formation a pour objectif de renforcer les connaissances... en matière de détection, d'analyse, d'enquête et de traçabilité des transactions illicites réalisées à l'aide de crypto-monnaies."

"The platform now allows users in... the Democratic Republic of Congo (DRC)... to purchase cryptocurrency using mobile money payments."

2023-01-13

"Virunga National Park... has been mining bitcoin since 2020... to monetize the park's abundant natural resources."

Web Sources (5)

Sources discovered via web search grounding

Search queries used (10)
  • Democratic Republic of the Congo cryptocurrency regulation status
  • DRC crypto trading legality
  • Democratic Republic of Congo crypto mining ban
  • Banque Centrale du Congo crypto currency circular
  • CENAREF RDC cryptomonnaie
  • "Banque Centrale du Congo" avis public cryptomonnaie 2018
  • Is Binance legal in Democratic Republic of Congo
  • Virunga National Park Bitcoin mining legality
  • "CENAREF" RDC crypto monnaie risque
  • RDC Loi de Finances 2024 cryptomonnaie fiscalité
coinfomania.com

https://coinfomania.com/cryptocurrency-regulation-in-the-democratic-republic-of-the-congo-drc/

beac.int

https://www.beac.int/wp-content/uploads/2022/03/bulletin-economique-et-statistique-N%C2%B011-web-.pdf

numerico.cd

https://numerico.cd/2025/05/31/fintech-les-cryptomonnaies-et-les-defis-de-leur-regulation-en-rdc/

makutano.cd

https://makutano.cd/wp-content/uploads/2023/09/RABA-vol-1-2-2023-Article-2.pdf

upay.best

https://blog.upay.best/crypto-adoption/the-democratic-republic-of-congo-drc/

Reviews

No reviews yet

Submit Review

Challenge: Disagree with the analysis | Approval: Confirm it's correct | Refinement: Suggest improvements