Your customer or buyer is asking for ESG information about DR Congo supply chains. Here is what the regulatory environment requires — and what international buyers need from you.
The Democratic Republic of Congo (DRC) is the world's largest producer of cobalt — supplying approximately 70% of global cobalt output — and a significant producer of copper, coltan (tantalum), tin, tungsten, and gold. These minerals are essential for electric vehicle batteries, smartphones, and renewable energy infrastructure. The DRC's mineral wealth is concentrated in the eastern provinces, which have experienced decades of armed conflict. International buyers of DRC minerals face the most intensive ESG due diligence requirements of any supply chain globally, driven by the EU Battery Regulation, OECD Due Diligence Guidance for Responsible Mineral Supply Chains, the US Dodd-Frank Act Section 1502, and EU CSDDD. The DRC is the defining test case for responsible mineral sourcing.
Key regulations in DR Congo — ESG Supplier Guide
EU Battery Regulation — Cobalt & Copper Due Diligence
The EU Battery Regulation introduces the most stringent supply chain due diligence requirements ever applied to a single commodity sector. DRC cobalt is the primary target. EU battery manufacturers importing DRC cobalt must conduct OECD-aligned due diligence covering: conflict financing risk (armed groups benefiting from mineral revenues), human rights abuses at mining sites (including child labour in artisanal mining), environmental management, and community rights. The Regulation requires third-party audits of smelters and refiners. DRC cobalt producers and traders must participate in recognised industry schemes (RMAP, ITSCI, Better Cobalt) to demonstrate responsible sourcing.
OECD Due Diligence Guidance — Conflict Minerals
The OECD Due Diligence Guidance is the international standard for responsible mineral sourcing from conflict-affected and high-risk areas (CAHRAs). The DRC is the primary CAHRA for cobalt, coltan (tantalum), tin, tungsten, and gold. The Guidance requires a five-step due diligence process: establish strong company management systems; identify and assess risks in the supply chain; design and implement a strategy to respond to identified risks; carry out independent third-party audit of supply chain due diligence; report annually on supply chain due diligence. Companies sourcing DRC minerals must implement OECD-aligned due diligence and report on their findings.
EU CSDDD — Enhanced Due Diligence for High-Risk Suppliers
The EU Corporate Sustainability Due Diligence Directive (CSDDD) requires EU companies to conduct human rights and environmental due diligence across their supply chains. For DRC suppliers, CSDDD requires enhanced due diligence given the DRC's classification as a conflict-affected and high-risk area. Key human rights risks include: child labour in artisanal cobalt mining (UNICEF estimates 40,000 children work in DRC artisanal mines), forced labour, violence and security risks at mining sites, and community displacement. EU companies sourcing DRC minerals must conduct enhanced due diligence and report on their findings under CSRD.
US Dodd-Frank Act Section 1502 — Conflict Minerals
US-listed companies that manufacture or contract to manufacture products containing tin, tantalum, tungsten, or gold (3TG) from the DRC or adjoining countries must file an annual Conflict Minerals Report (Form SD) with the SEC. The report must describe the due diligence measures taken and whether the minerals are 'DRC conflict free'. DRC mineral exporters supplying US-listed companies must provide documentation supporting their customers' Dodd-Frank compliance.
DRC Mining Code — Loi n° 007/2002
The DRC Mining Code (Loi n° 007/2002, amended by Loi n° 18/001 in 2018) governs mining operations in the DRC. The amended code introduced: increased royalty rates, a 10% free-carried state interest in mining projects, mandatory community development agreements (Cahiers des Charges), environmental impact assessment requirements, and artisanal mining zone designations. International mining companies operating in the DRC must comply with the Mining Code and demonstrate compliance to international buyers conducting OECD due diligence.
DRC Data Protection & Cyber Obligations
The Democratic Republic of Congo does not yet have a comprehensive data protection law or mandatory cyber incident reporting regime. The Autorité de Régulation de la Poste et des Télécommunications du Congo (ARPTC) oversees telecommunications. International buyers from the EU, UK, or USA will assess DRC suppliers — particularly in the mining and minerals sectors — against their own data protection standards under CSRD and CSDDD supply chain due diligence. Suppliers should implement incident response procedures aligned with international best practice.
What this means for you as a supplier
DRC cobalt, copper, and 3TG mineral exporters face the most intensive ESG due diligence requirements of any supply chain globally. Participation in recognised industry schemes (RMAP for cobalt and copper, ITSCI for 3TG, Better Cobalt for artisanal cobalt) is essential for maintaining EU and US market access. Child labour in artisanal cobalt mining is the single most critical ESG risk — exporters must implement child labour monitoring and remediation systems. OECD five-step due diligence must be documented and audited. EU Battery Regulation compliance requires third-party smelter/refiner audits.
Key dates
2025 (ongoing)
EU Battery Regulation — cobalt and copper due diligence requirements in force
Annual (US-listed companies)
Dodd-Frank Section 1502 — SEC Form SD conflict minerals report filing
July 2029
CSDDD Phase 1 — largest EU companies must conduct enhanced supply chain due diligence for DRC suppliers
Child labour in artisanal cobalt mining: the defining ESG crisis
Artisanal and small-scale mining (ASM) produces approximately 15–20% of DRC cobalt output. UNICEF estimates that approximately 40,000 children work in DRC artisanal cobalt mines, primarily in the Katanga region. Children work in dangerous conditions — digging tunnels, carrying heavy loads, and processing ore — with significant risks of injury, respiratory disease, and exposure to toxic metals. This is the single most critical ESG risk in global battery supply chains. EU battery manufacturers, smartphone companies, and EV manufacturers have faced intense civil society and regulatory scrutiny over child labour in DRC cobalt. The Better Cobalt programme (operated by the Responsible Business Alliance and GeSI) implements child labour monitoring and remediation systems in DRC artisanal mining communities. DRC cobalt exporters supplying EU buyers must demonstrate participation in child labour monitoring programmes and document their due diligence.
The energy transition paradox: cobalt demand vs. cobalt ethics
The DRC sits at the centre of one of the defining tensions in the global energy transition. Cobalt is essential for lithium-ion battery cathodes used in electric vehicles and energy storage — the technologies needed to decarbonise transport and power. Yet approximately 70% of global cobalt supply comes from a country with documented child labour, armed conflict, and weak governance. The EU Battery Regulation, CSDDD, and OECD Due Diligence Guidance represent the international community's attempt to resolve this paradox by requiring responsible sourcing rather than simply avoiding DRC cobalt. Battery manufacturers are investing in cobalt-free battery chemistries (LFP, sodium-ion) to reduce DRC exposure, but cobalt-containing batteries remain dominant for high-energy applications. The DRC government, international mining companies, development finance institutions, and civil society are working to formalise the artisanal mining sector and improve governance — but progress is slow against a backdrop of ongoing conflict in eastern DRC.
Last reviewed: April 2026. This guide is for general information only and does not constitute legal advice. Regulations change — verify current requirements with a qualified adviser.
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