CNPAV / Gertler : Return to Congo what belongs to Congo

According to civil society, the Democratic Republic of Congo has already lost billions of dollars due to Dan Gertler’s deals in the country, and it is set to lose more. Although in some instances justice held Gertler’s business partners accountable for corrupt activities, and although the US put him under Global Magnitsky sanctions for corruption back in 2017, he has never been directly incriminated.

In 2022, Gertler signed a deal with the DRC government where he committed to give back to the country the assets he still owns. However, the DRC not only has to pay to him a significant amount of money as part of the agreement, but it has also committed to advocate for sanctions lifting in the US. As a result, the US administration is currently considering granting Mr Gertler a license on sanctions. The Congo Is Not for Sale (Congo N’est Pas A Vendre — CNPAV) coalition urges the US to not lift sanctions against Gertler until a fairer deal is renegotiated between him and the DRC.

‍A fair agreement should take into account Mr Gertler’s track record of deals that have been detrimental for the DRC, starting from the 1990s to these days. Over the past decades, Mr Gertler acquired a portfolio of assets, including royalty rights in three mining projects: the two Glencore-owned KCC and Mutanda Mining, and ERG’s Metalkol. CNPAV, thanks to the evidence at its disposal, argues that a number of these assets, including royalties, have been acquired unlawfully. This was possible because of Mr Gertler’s close friendship with the Congolese political elite. The strongest pieces of evidence suggesting that Gertler has engaged in unlawful practices in the DRC come from a settlement that the US Department of Justice reached with a hedge fund called Och-Ziff in 2016, and from investigations into Glencore in Switzerland, which were closed in 2024. These have been complemented, over the years, by other investigations, leaks and revelations of investigative journalists.

The deal signed in 2022 does not take into account all these instances. On the contrary, Gertler is bound to receive more than €180 million from Congo. In addition, he is allowed to keep his royalty rights in all the three mining projects, and he is shielded from prosecution in the DRC. Finally, the Congolese government commits to advocate for sanctions lifting.

‍In light of all this, CNPAV proposes some key points that a renegotiation of the 2022 deal should include before any sanctions relief is considered:

• an acknowledgement of having acquired some assets unlawfully;
• an independent valuation of the asset portfolio affiliated with him;
• establishment of a restitution mechanism supervised by independent parties;
• compensation to the DRC for the unlawfully acquired assets;
• restoration of the civic space with total withdrawal of charges against civil society actors and protection of whistleblowers.