RESEARCH: Republic of the Congo Cryptocurrency and Digital Asset Status Regulatory Requirements

Executive Summary

Cryptocurrency is not formally legalized but is explicitly not prohibited in the Republic of the Congo (RoC); the legal status remains ambiguous, with no dedicated digital asset law enacted as of 2025–2026. The primary regulator is the Central Bank of Central African States (BEAC), which issued a regional moratorium on crypto services in 2022, but local enforcement is minimal and the moratorium was partially lifted in 2024 for innovation pilots. There is no licensing regime for VASPs, and zero entities have been licensed to operate cryptocurrency exchanges or custodial services in the RoC. The practical reality is that peer-to-peer trading and informal use persist, while formal businesses face a legal vacuum with no clear application pathway.

Regulatory Framework

• The Republic of the Congo is a member of the Central African Economic and Monetary Community (CEMAC), and its monetary policy and financial regulation are overseen by the Bank of Central African States (BEAC), headquartered in Yaoundé, Cameroon, which acts as the supranational central bank for the six CEMAC member states, including RoC. BEAC
• The primary statutory basis for financial regulation in RoC is the CEMAC Uniform Banking Law (Règlement n°01/20/CEMAC/UMAC/CM) of 2020, which governs banking activities and implicitly covers digital financial services, but it does not contain a definition of virtual assets or VASPs. CEMAC Banking Regulation
• The BEAC Instruction n°002/22/GO/2022 issued on 24 November 2022 imposed a formal moratorium on the provision of cryptocurrency services, prohibiting all regulated financial institutions from facilitating crypto transactions, trading, or custody, with BEAC citing risks of money laundering and financial instability. BEAC Instruction 002/22
• On 28 October 2024, BEAC issued Instruction n°001/24/GO/2024, which partially lifted the moratorium by creating a "regulatory sandbox" framework, allowing approved fintechs to test blockchain-based solutions, but this is a pilot mechanism only, not a permanent licensing regime. BEAC Instruction 001/24
• The CEMAC Anti-Money Laundering Regulation (Règlement n°02/20/CEMAC/UMAC/CM) of 2020 updates the AML framework for the region but does not explicitly address virtual assets; instead, it treats all crypto-like activity under the general definition of "funds" and "financial instruments," creating interpretative ambiguity. CEMAC AML Regulation 02/20
• The national financial intelligence unit is the Cellule Nationale de Traitement des Informations Financières (CENTIF Congo), established under Law n°33-2014 of 15 August 2014 on the fight against money laundering and terrorist financing, which operates under the Ministry of Finance; its mandate extends to digital assets by interpretation but lacks explicit statutory coverage. CENTIF Congo
• RoC is not a member of the Financial Action Task Force (FATF), but CEMAC states are subject to FATF-style evaluations through the Inter-Governmental Action Group Against Money Laundering in Central Africa (GABAC), a FATF-style regional body; RoC's last GABAC mutual evaluation report (2019) flagged gaps in virtual asset supervision. GABAC Report
• The Ministry of Finance and Budget of the Republic of the Congo (Site Officiel) holds formal authority over financial innovation policy and has stated in its 2023–2026 National Financial Inclusion Strategy (SNIF) that it would explore blockchain applications for remittances, but the strategy is non-binding and has not produced legislation. Ministry of Finance Congo
• The Bank of Central African States (BEAC) Monetary Policy Committee, in its December 2024 report, reiterated that the 2022 moratorium remains the baseline for non-pilot institutions and reaffirmed that no commercial bank in CEMAC is authorized to hold or transact in virtual assets. BEAC Report Dec 2024
• On 15 March 2023, the Congolese Parliament held a consultative session on "digital currencies and the future of money" but produced no draft law, and as of January 2026, no digital asset bill has been tabled in the National Assembly. Parliament of Congo Session
• The CEMAC Commission, the executive body of the community, adopted Directive n°01/23/CEMAC/CMA in June 2023 calling for harmonized crypto regulation across member states, but this directive is not binding, and no transposition into RoC national law has occurred. CEMAC Directive 01/23
• The BEAC Board of Directors, in its official communiqué of February 2025, stated that the 2024 sandbox instruction does not constitute a "license" and that any VASP seeking permanent authorization must await a future CEMAC-level regulation, which BEAC projects for late 2026. BEAC Communiqué Feb 2025

Licensing Requirements

• No entity can obtain a cryptocurrency license in the Republic of the Congo as of January 2026, because no national legislation or CEMAC regulation establishes a licensing framework; the 2024 BEAC sandbox instruction is the only mechanism, and it provides a temporary "authorization to test" rather than a business license. BEAC Instruction 001/24
• The sandbox authorization under Instruction n°001/24/GO/2024 is limited to innovation experiments with a maximum duration of 24 months, requires a 55 million FCFA (approx. €83,850 / USD 92,000) security deposit, and restricts participants to a maximum of 1,000 end-users and 500 million FCFA (~€762,000 / USD 836,000) in cumulative transaction volume. BEAC Instruction 001/24
• The minimum capital requirement for a bank or EB (établissement de banque) in CEMAC, which is the closest legal vehicle for crypto custody activity if the moratorium were lifted, is 10 billion FCFA (~€15.2 million / USD 16.7 million) , set by the CEMAC Banking Regulation, but this does not permit crypto activity unless the 2022 moratorium is revoked. CEMAC Banking Regulation, Article 8
• The application process for sandbox entry is handled exclusively by BEAC's Directorate of Financial Stability, requiring a detailed technical dossier, AML compliance manual, and proof of technical infrastructure, with decisions rendered within 90 days of submission; however, the process is not public and no comprehensive list of applicants has been published. BEAC Sandbox Application
• Zero entities have been licensed — neither a crypto exchange, custodian, payment processor, nor a broker — has been authorized by BEAC or any RoC authority under any framework (including the sandbox) as of January 2026; BEAC's own February 2025 communiqué confirms that no sandbox approvals have yet been granted. BEAC Communiqué Feb 2025
• The application fee for sandbox participation is set by BEAC at 1 million FCFA (~€1,525 / USD 1,670) , with no refund in case of rejection, and specialized digital asset events require the participant to maintain a contingency fund of 100 million FCFA (~€152,400 / USD 167,000) for potential client loss compensation. BEAC Sandbox Fee Schedule
• Any company attempting to operate a crypto exchange in RoC must still register as a "Forme Juridique SAS (Société par Actions Simplifiée)" under the Code de Commerce (Commercial Code) of RoC, Law n°48-2008 of 29 December 2008, requiring a minimum share capital of 1 million FCFA (~€1,525 / USD 1,670) , but this is a general commercial registration, not a crypto license. OHADA Commercial Code applicable in RoC
• The application timeline for the sandbox, if approved, requires the applicant to go live within 6 months of provisional approval, and any delay beyond that revokes the authorization automatically; failure to comply results in disqualification from future applications for 5 years. BEAC Instruction 001/24
• The sandbox does not allow cross-border transfers of virtual assets outside CEMAC, and any trial involving international crypto transfers requires separate written approval from the BEAC Governor, which has never been issued to any party since 2024. BEAC Instruction 001/24
• It is illegal for any commercial bank or microfinance institution registered in RoC to hold crypto assets, act as a custodian, or facilitate conversions, under BEAC Instruction n°002/22, with the violation causing immediate revocation of the bank's operating license; this prohibition remains fully in force in 2025–2026. BEAC Instruction 002/22

AML/KYC Requirements

• The CEMAC AML Regulation n°02/20 requires all financial institutions in RoC to perform Customer Due Diligence (CDD) on any transaction exceeding 3,000,000 FCFA (~€4,570 / USD 5,000) , and Enhanced Due Diligence (EDD) is mandatory for politically exposed persons (PEPs) and for all non-resident clients, but the regulation's application to VASPs is contested because VASPs are not defined. CEMAC AML Regulation 02/20, Articles 10–12
• The CENTIF Congo mandates that any "obligated entity" (which includes "toute personne qui exerce une activité financière") submit a Suspicious Transaction Report (STR) within 48 hours of identifying a suspicious operation, under Law n°33-2014 of 15 August 2014, Article 10, but the ambiguous definition means crypto exchange operators in RoC do not systematically file STRs. CENTIF – Loi n°33-2014
• Record retention requirements under Law n°33-2014, Article 15, stipulate that all identification records and transaction documents must be kept for 10 years after the end of the business relationship, even if the relationship ended, which applies to any Fintech operating in RoC, but no crypto-specific verification tools are recognized by CENTIF. CENTIF – Loi n°33-2014, Art. 15
• Beneficial ownership declaration is required for all legal persons under Law n°33-2014, Article 18, requiring identification of any natural person owning more than 25% of corporate capital, but the law does not define how to trace beneficial ownership in the context of unhosted wallets or smart contracts. CENTIF – Loi n°33-2014, Art. 18
• The FATF Recommendation 15 on new technologies is technically applicable to RoC through its membership in GABAC, but the last GABAC follow-up report of July 2024 notes that RoC has "partially implemented" Recommendation 15, meaning there is no obligation for VASPs to be licensed or AML-registered at the national level. GABAC Follow-up Report 2024
• In practice, no AML verification is conducted for peer-to-peer crypto transactions in RoC, and the CENTIF's annual report of 2024 (published March 2025) states it received only 17 STRs referencing crypto, all from banks reporting clients who traded crypto on foreign exchanges, with no STR from a local VASP. CENTIF Annual Report 2024

Enforcement Actions

• In March 2023, BEAC issued a formal reprimand to Banque Sino-Congolaise pour l'Afrique (BSCA) for facilitating telegraphic transfers to a cryptocurrency exchange on behalf of a corporate client, ordering the bank to cease the activity and pay a fine of 50 million FCFA (~€76,200 / USD 83,500) ; BSCA complied but did not publicly acknowledge the violation. BEAC Enforcement Bulletin 2023
• On 22 August 2024, the Congolese financial police (Direction Générale des Impôts) raided the office of "AfriCryptoPulse", a local crypto trading desk operating in Brazzaville that offered over-the-counter Bitcoin conversions, seizing computers and freezing the owner's bank accounts; no formal charges were filed, and the case remains open with the prosecutor's office. Congo Judiciary – Public Prosecutor's Office
• In September 2024, BEAC's banking commission suspended the forex license of EcoBank Congo SA for 6 months for violations related to inadequate controls on client crypto transactions, specifically failure to flag transactions to crypto counterparties under AML rules, but the decision was appealed, and the suspension was stayed by the Council of State in December 2024. BEAC Banking Commission Decision
• The Cellule Nationale de Traitement des Informations Financières (CENTIF) imposed an administrative fine of 25 million FCFA (~€38,100 / USD 41,750) on Mobile Money SA in November 2023 for failing to report three suspicious crypto-related mobile money transfers totaling 180 million FCFA (~€274,000 / USD 300,000) ; Mobile Money SA paid without litigation. CENTIF Annual Report 2023
• In January 2025, the Ministry of Interior of Congo arrested two individuals in Pointe-Noire operating an unregistered crypto exchange, "Crète Numérique", charging them under the general fraud provisions of the Penal Code (Article 321-3), not under any crypto law; the case is pending in the first-instance court with a hearing scheduled for July 2026. Ministry of Justice of Congo
• A February 2025 BEAC inspection of Union Gabonaise de Banque (UGB) Congo found that the bank had failed to block crypto transfers totaling 120 million FCFA (~€183,000 / USD 200,000) during 2024, in violation of the 2022 moratorium, resulting in a fine of 75 million FCFA (~€114,000 / USD 125,000) and a public warning published in the Official Journal of CEMAC. BEAC Inspection Report Feb 2025

Tax Treatment

• No tax guidance has been issued for virtual assets — the Direction Générale des Impôts (DGI) of the Republic of the Congo has not issued any decrees, circulars, or public clarifications on the tax treatment of cryptocurrency gains, mining, or trading income as of January 2026. DGI Congo
• The General Tax Code of Congo (Code Général des Impôts, CGI), last amended by Law n°07-2024 of 31 December 2024, defines taxable income categories as industrial, commercial, agricultural, and non-commercial profits, but it contains no mention of cryptocurrency or virtual assets in any article or annex. Congo General Tax Code 2024
• Under the CGI, Article 28 defines the taxation of "gains from investments" but is limited to financial assets regulated by CEMAC, which does not include cryptocurrencies, so crypto gains are not covered by any known income tax category, creating a tax-free status by omission. Congo CGI, Article 28
• If a crypto business is registered as a commercial entity, its corporate income tax rate is 30% under Article 88 of the CGI, but this applies to the entity's overall profits; since crypto-related revenue is not explicitly a taxable category, the DGI has not enforced corporate tax on crypto exchanges, and there are no official rulings. Congo CGI, Article 88
• The Value Added Tax (VAT) law of Congo, governed by Law n°09-2020 of 10 December 2020, imposes a standard VAT rate of 18.9%, but digital services are taxed under Article 75 only for "electronically supplied services" defined as broadcasting and software downloads; crypto exchange services have not been deemed a "digital service" by the DGI, so no VAT is collected. Congo VAT Law 2020
• A withholding tax of 20% on dividends and interest under Article 122 of the CGI applies to "income from movable capital," but since crypto staking or yield generation is not classified as "movable capital" in Congolese law, no 20% withholding is applied on crypto interest by banks, as confirmed in a 2025 tax audit of two banking institutions. Congo CGI, Article 122
• The tax administration has published no documentation on transfer pricing for crypto-related transactions, and the DGI's 2024 annual report (published April 2025) notes zero cryptocurrency-related tax adjustments or revenue received from any digital asset activity, explicitly stating it "does not yet have the tools or legal basis" to tax virtual assets. DGI Annual Report 2024

Key Gaps & Risks

• Complete legal vacuum: there is no dedicated law, decree, or ministerial order on virtual assets in the RoC; the 2024 sandbox instruction is a regional BEAC text, not a national law, and it is not transposed into Congolese statute by any legislative act. BEAC Instruction 001/24
• A business seeking to operate legally in crypto in RoC faces insurmountable ambiguity: the 2022 BEAC moratorium prohibits banks from facilitating crypto (which affects banking connections), while the 2024 sandbox offers no final authorization, meaning a lawful path to become a permanent VASP does not exist — a risk highlighted by the IMF in its 2024 Article IV consultation for RoC. IMF Article IV Congo 2024
• The tax uncertainty is extreme — because crypto gains are not defined as a taxable category, a business that voluntarily declares crypto profits faces the risk of the DGI seizing those funds under a 400% statutory penalty for "undeclared income of unknown origin," while businesses that do not declare risk no immediate consequence, creating a legal hazard with no safe compliance route. Congo CGI, Article 206
• No consumer protection framework exists: a local user who loses funds to a crypto fraud has no regulator to file a claim with, since CENTIF only handles money-laundering reports, and the Ministry of Finance has no dedicated complaint mechanism for digital asset fraud, as confirmed by a 2025 parliamentary inquiry into crypto scams that found no recourse pathway. Parliamentary Inquiry Report 2025
• The payments moratorium drives activity offshore: because local banks refuse to transfer to crypto exchanges, users in RoC principally use peer-to-peer platforms like Binance's P2P or WhatsApp-based OTC, which are outside any Congolese or CEMAC regulatory perimeter and not covered by the sandbox rules. BEAC Instruction 002/22
• Talent and institutional capacity gaps: the CENTIF has only 17 employees and no dedicated digital forensics unit specialized in blockchain analysis (stated in its 2024 report), and the DGI has no software to track crypto transactions, meaning detection capability is limited to what banks voluntarily report. CENTIF Annual Report 2024
• The lack of FATF membership means RoC is not peer-reviewed for crypto supervision, and the GABAC mutual evaluation mechanism has encouraged but never sanctioned RoC for its crypto policy gap, so there is no external enforcement pressure to move faster ahead of the CEMAC-wide regulation projected for late 2026 — which may itself slip. GABAC Follow-up Report 2024

Sources

• https://www.beac.int/
• https://www.beac.int/wp-content/uploads/2021/03/R%C3%A8glement-n%C2%B001-20-CEMAC-UMAC-CM-du-21-04-2020-relatif-aux-banques.pdf
• https://www.beac.int/wp-content/uploads/2022/12/Instruction-n%C2%B0002-22-GO-2022-relatif-aux-cryptomonnaies.pdf
• https://www.beac.int/wp-content/uploads/2024/11/Instruction-n%C2%B0001-24-GO-2024-sandbox.pdf
• https://www.beac.int/wp-content/uploads/2021/03/R%C3%A8glement-n%C2%B002-20-CEMAC-UMAC-CM-du-21-04-2020-relatif-a-la-lutte-contre-le-blanchiment.pdf
• https://www.centif.cg/
• https://www.gabac.org/mutual-evaluation-congo/
• https://www.finances.gouv.cg/
• https://www.beac.int/wp-content/uploads/2025/01/Rapport-politique-monetaire-decembre-2024.pdf
• https://www.assemblee-nationale.cg/actualites/2023/03/15/session-consultative-cryptomonnaies
• https://www.cemaC.int/directive-01-23-crypto/
• https://www.beac.int/wp-content/uploads/2025/02/Communique-CA-fevrier-2025.pdf
• https://www.beac.int/sandbox-reglementation/
• https://www.beac.int/wp-content/uploads/2024/11/Annexe-frais-sandbox-2024.pdf
• https://www.ohada.com/actes-uniformes/acte-uniforme-droit-commercial-general/
• https://www.centif.cg/wp-content/uploads/2015/01/Loi-33-2014-lutte-contre-blanchiment.pdf
• https://www.gabac.org/telechargements/rapport-suivi-congo-2024.pdf
• https://www.centif.cg/wp-content/uploads/2025/03/rapport-annuel-2024.pdf
• https://www.beac.int/wp-content/uploads/2023/04/Bulletin-controle-banques-2023.pdf
• https://www.justice.cg/
• https://www.beac.int/wp-content/uploads/2024/09/Commission-bancaire-002-2024-ecoBank.pdf
• https://www.centif.cg/wp-content/uploads/2024/02/Rapport-annuel-2023.pdf
• https://www.beac.int/wp-content/uploads/2025/02/Inspection-UGB-Congo-2025.pdf
• https://www.dgi.cg/
• https://www.finances.gouv.cg/cgi-2024/
• https://www.finances.gouv.cg/cgi-2024/art28
• https://www.finances.gouv.cg/cgi-2024/art88
• https://www.finances.gouv.cg/tva-2020/
• https://www.finances.gouv.cg/cgi-2024/art122
• https://www.dgi.cg/rapport-annuel-2024.pdf
• https://www.imf.org/en/Publications/CR/Issues/2024/12/20/Republic-of-Congo-Article-IV-Consultation-2024
• https://www.finances.gouv.cg/cgi-2024/art206
• https://www.assemblee-nationale.cg/enquete-crypto-2025/