Edmond Cibamba Diata

Mr. Edmond Cibamba Diata has been practicing since 2001 after being registered as a Barriste rat the Bars of Kinshasa/Matete and Mbandaka. Before, he served as Barrister before the Tribunal of High Instance of Kinshasa (1994-2001). He serves as the Deputy Administrative and Finance Officer of Cabemery since 2002 to date. He is also a registered Proxy in Mining and Quarries since 2003 to date. Finally, Mr. Edmond Cibamba Diata has been since 2003 a Senior Lecturer at the Université Libre de Kinshasa where he lectures in Fiscal Law, International Fiscal Law and Mining Law after serving as Junior Lecturer at the same university and as coach of research papers in the same subjects as well as in Transports Law, Insurances Law, Finance Law, Public Finances…

Mr. Edmond Cibamba Diata is member of the Union Internationale des Avocats (UIA) and of the European Attorneys Association (EAA). He is further a member and co-founder of the Association of Congolese Tax Specialists (AFC) and editor in Juricongo, DRC law online review and portal of Congolese law (www.juricongo.com ) where he issued several papers. In his law practice, Mr. Edmond Cibamba Diata works in the fields of tax and para-tax; mining, quarry and hydrocarbon law; commercial and companies law; labour and social security law; sta-owned companies law; forestry law; transports law; insurance law and in the settlement of judiciary, administrative and arbitral disputes.

Tax and para-tax -In this field, Mr. Edmond Cibamba Diata has advised and legally assisted several companies on tax and para-tax issues, issuing several legal opinions on taxation and para-taxation matters including for the incorporation of companies and the conclusion of joint-venture agreements and the approval by ANAPI of investment projects under the regimes of the investment code. He has advised and assisted several companies in the settlement of fiscal and para-fiscal disputes with DGI and DRAD as well as with various state administrations and devolved administrative entities. He has conducted several comparative studies between the tax and customs regimes of some mining contracts and those under the mining code in order to enable the holders of said contracts to chose, in line with the mining code, the regimes applicable. Mr. Edmond Cibamba Diata has assisted, conducted research papers and temporary lectured at the school of law of the Université Libre de Kinshasa, in fiscal law and international fiscal law. He was a speaker during the study days on the theme: “The taxation system and the issue of Special Tax Encouragement for the Mining Industry in the DRC” organized by CEDES (May 2007). He was also a speaker during the study days on the theme: “Tax Regime Applicable to the Artisanal Mining Industry” organized by CEDES (May 2007) and during the sensitization workshop organized by “PUBLISH WHAT YOU PAY COALITION” NGO on the theme: “Transparency in the Management of Revenues from Extractive Industries is a Requirement for Sustainable Development in the DRC” on 12 April 2007. He has been a trainer during the training of trainers of officers in the Kinshasa Prosecutor Office officers organized by RCN -Justice & Democracy, a Belgian NGO, on Fiscal Procedures (April 2004). Mr. Edmond Cibamba Diata has issued several papers online at www.cabemery.org, several papers on fiscal issues including: “Taxation on mining activities in the DRC”, “Duplication of the ‘right of surface’ in DRC mining law”; “New Manner of Settling Tax and Para-tax state debts”; “The taxation of aeronautical services and levies related to it”; “The taxation of state-owned companies under DRC law”. He intends to publish a four-tome book called “DRC Fiscal Law (commentary on legal instruments)” the first tome of which will be published momentarily.

Mining law -In this practice and in collaboration with Cabemery, Mr. Edmond Cibamba Diata is well known for his participation in the reform of the tax, customs, legal as well as change framework for the mining sector. He actively participated in the drafting of the draft Mining Code, that of the Mining Regulations and Decrees governing the Statutes, Organization and Functioning of the Mining Cadastre including that of the Commission on the Validation of mining and quarry rights. He took part in assisting the DRC Government (Ministry of Mines) in defending the Draft Mining Code to the National Assembly and Legislative Council -Transition Parliament (ACL/PT) on 30 April-23 May 2002). He has further assisted Professor James OTTO from Colorado Mining School in a study on the competitiveness of the tax system as organized in the draft mining code as compared to mining tax systems of other countries submitted to the DRC Government through ECOFIN in 2002.

Mr. Edmond Cibamba Diata has advised and assisted several companies in the procedure for the granting, renewal, transformation, renouncement (partial or full), extension, mutation (transfer, lease, transmission, option contract) of mining and quarry rights. He has assisted and advised several companies in disputes relating to mining permits and quarry authorization. He has issued several legal opinions on various issues touching on understanding the mining code and its implementation instruments. He conducted many due diligences on the validity and conformity of exploration permits, exploitation permits and tailings exploitation permits for companies intending to enter into partnership. Mr. Edmond Cibamba Diata is in charge of Mining Law course at the school of law of the Université Libre de Kinshasa which he has been lecturing in since 2003. Owing to his expertise, the UNDP called on him for the training of members of parliament, members of the environment, tourisms and natural resources commission, on the theme: “MING LAW FOR HYDORCARBONS: LEGAL FRAMEWORK” (November 2007). He has also been a trainer during the training of trainers for the Staff of the Centre for the Evaluation, Expertise and Certification of mineral and precious substances (CEEC), organized by the Corporate and Personnel Directorate of the General Directorate of Prosecutor Offices Agents on the theme Mining law (March 2004). Mr. Edmond Cibamba Diata has issued several technical papers on mining law, published at www.cabemery.org including: “The mining cadastre: a key innovation in the new mining code” and co-authored with Mr. Emery Mukendi Wafwana a publication entitled “The minimum financial capacity as the condition for the granting of the exploration permit and the exploration authorization for quarry products”.

Commercial-companies-investment and labour law -In his practice of commercial law, companies law and investment law, Mr. Edmond Cibamba Diata counsels and legally advises several companies in investment issues in the DRC inter alia in joint venture agreement with some state-owned companies, the approval by ANAPI of projects under the regime of the investment code. He has advised and assisted international companies in acquiring administrative permits and authorizations for their establishment in the DRC depending on the field of activities as well as in the incorporation and establishment of their subsidiaries and branch offices in the DRC. He has advised and assisted several companies in the drafting and implementation of general assembly extraordinary meetings, board of directors meetings or management board meetings, single managers decisions. He conducted several due diligences on the validity of the incorporation of companies and he has helped several companies in the settlement of labour dispute. Mr. Edmond Cibamba Diata has issued at www.cabemery.org several papers on commercial, companies and labour law including “Outline of the law no. 002/2001 relating to the creation and functioning of trade tribunals” and « The social rights of heirs at the death of an employee ».

Litigation -Mr. Edmond Cibamba Diata has assited several companies in the settlement of judiciary and administrative disputes. In this capacity, he has represented and still represents his clients both in the preliminary claim proceedings as well as in jurisdictional proceedings before the administrative chambers of the Courts of Appeal and the Supreme Court of Justice. He has advised and still advises several companies in the settlement of fiscal and para-fiscal disputes with DGRAD or DGI before the Tribunals of High Instance and before Courts of Appeal. Mr. Edmond Cibamba Diata is an LLD in economic and social law from the Université Libre de Kinshasa. He also holds a special degree in insurances and is currently preparing a Bsc. in economics at the same university.