Mining: With activities suspended both for import and export, the SMB in the sight of the Customs-DGDA (forum)

Vendredi 22 mars 2019 - 09:56
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SMB (SociétéMinière de Bisunzu) has been making headlines lately. It not only accumulates incidents in its mineral supply chain, but is has also been wrapped on the nuckles by the public services such as DGDA (General Directorate of Customs and Excise), as some of its attitudes are meeting the reality of Justice. Also, the diggers, like those grouped within the COOPERAMA (Cooperative Mining ExploitantsMasisi) in North Kivu raise multiple actions in the field demanding the payment of debts for 120 T of minerals delivered for which they have not been paid. On February 1st, the DGDA was uncompromising with SMB. In a telegram, the Deputy Director-General instructed the Provincial Directors of North and South Kivu, as well as the Director of the Anti-Fraud Brigade, to suspend the import and export, of goods from SMB until the full settlement of the litigation leading to the suspension of the activities of certain customs agents, namely ROCAT, ENER Clearing and SOSAR. The reasons for the decision of the Customs Administration were not disclosed. But it is understood that if there has been no attempt to violate customs regulations, it is more likely that the goods in question are no less contentious. At the very least, this dossier reflects the true image of the SMB, which does not hesitate to take the ores of third parties without proof under pretext that they were stolen from PE 4731, or even to export them illegally. This is evidenced by the seizure of parcels from the CDMC, accused of having stolen the minerals from its concession using an originalization system linking them to the SAKIMA site. Brought before the Goma Court of Appeal, this dispute - registered on 09 January 2019 under RMP 1092 / PG / TM / MAK / PL - has not given rise to a full and proper trial. It was closed with notices of initiation and end note of the Public Prosecutor addressed to the Prosecutor General at the Court of Cassation in Kinshasa, announcing the "return" of disputed minerals to SMB. It has even used this internal document which has no evidentiary value to access the international market with disputed minerals. The injured parties in this case would like to hear from the Prosecutor General at the Court of Cassation, whose number one in charge recently admonished his staff to clean house political subterfuge in the country. In all likelihood, this body could request the reopening of the file, resulting in the seizure of the disputed minerals that have already been exported by the SMB. This case was recorded as an incident in the profession and ITSCI confirmed this. In addition, we are reminded that the diggers made a sit in this Friday, March 15 in front of the office of the SMB, claiming the payment of 120 T of ore delivered to the latter, as the deadline for payment has not been met. The members of COOPERAMA held a working meeting on the same day in order to decide how to behave towards their partner, who is unconcerned about honoring their commitments. The pressure will eventually pay. SMB untied the cordon of its purse a day earlier in order to interest the claimants as and when they went. It is still an obstacle to diligence in that miners and other traders must live from their work without delay. In short, the SMB is on the brink with the accumulation of incidents, coupled with unacceptable commercial approach. Is this the reason why the Tantalum - Niobium International Study Center (TIC) have gotten rid of it? It is hard to say. But, this could be an explanation. Big multinationals such as the American AVX owned by the Japanese KYOCERA, which is renowned for its Corporate Social Responsibility, are questioned, particularly with regard to the it’s company supply chain. The Congolese Government is also called to open it’s eyes. CP