Cultural Promotion Fund


The Cultural Promotion Fund is a state-run cultural body in the Democratic Republic of the Congo under the Ministry of Culture, Arts and Heritage, responsible for funding and promoting national artistic and cultural activities. It was established during the Zaire era on 3 April 1987 as the "Mobutu Sese Seko Fund" and restructured in 2011 as a public institution with legal personality. Headquartered in Gombe, Kinshasa, the FPC provides financial support to Congolese artists, cultural practitioners, and creative industries through loans, grants, equity participation, and other related support.

History

The FPC was created by Ordinance-Law No. 87-013 of 3 April 1987 under the name "Mobutu Sese Seko Fund" in what was then Zaire as a specialized state service under the supervision of the Ministry of Culture, Arts and Heritage. In 2011, the institution underwent significant restructuring. Through Decree No. 011/30 of 16 June 2011, in accordance with Article 123 of the Constitution and Law No. 08/009 of 7 July 2008 governing public establishments, the FPC was reconstituted as a public establishment endowed with legal personality and administrative and financial autonomy.

Legal framework and organization

Legal framework

Ordinance-Law No. 87-013 of 3 April 1987 legally establishes the FPC as a state agency intended to support national culture, with mandates that include the promotion of literary publishing, cinema, music, visual and performing arts, and traditional art. The ordinance authorizes the grants or subsidies to artists and cultural practitioners to enable the completion of creative projects, encourages the self-financing of cultural activities, supports the preservation and restoration of traditional artworks, and aims to improve the circulation and visibility of Congolese artistic and literary production. It also sets out the FPC's financial structure, primarily based on an ad valorem levy applied to a broad range of cultural and commercial activities, including stationery shops, cinemas, concerts, audiovisual media, record sales, artwork exports, advertising services, fashion and jewelry businesses, beauty salons, architects, sculptors, decorators, and cultural exhibitions. Standard contribution rates are generally fixed at 5%, with reduced rates such as 2% for Congolese music recordings, and these levies constitute the FPC's main source of revenue. Payments are usually made through banks or savings institutions, with official receipts issued, and require regular declarations and payments subject to established accounting and control procedures. Funds are deposited in designated bank accounts, and collection agents operate under strict administrative rules. Subsequent ministerial orders issued between 1997 and 2002 further amended and harmonized the system by specifying taxable activities, detailing advertising tariffs, defining the roles of collectors and operators, determining revenue-sharing arrangements with the Public Treasury, and introducing enforcement mechanisms, including penalties for late payment, false declarations, or fraud, ranging from financial sanctions and surcharges to equipment seizure, suspension of activities, and judicial proceedings in serious cases.
As of 2011, the FPC was transformed into a public establishment by Decree No. 011/30 of 16 June 2011, which established its statutes. This was done pursuant to Article 123 of the Constitution and Law No. 08/009 of 7 July 2008, which laid down general provisions applicable to public establishments.

Structure

Board of directors

The board of directors consists of five members, including the director general. Board members are appointed, suspended, or dismissed by ordinance of the president of the republic, following a proposal by the government deliberated in the Council of Ministers. Their mandate lasts five years and may be renewed once, and it may also end through dismissal or voluntary resignation. From among the board's members, the president of the republic designates a chairperson who does not belong to the general directorate.
The board meets in ordinary session once every quarter upon convocation by its chairperson. Extraordinary sessions may be convened by the chairperson at the request of the supervisory authority or whenever the interests of the FPC so require, with a specified agenda. The board may deliberate validly only when three-fifths of its members are present. Decisions are adopted by a majority vote of members present, with the chairperson exercising a casting vote in the event of a tie.

General directorate

The general directorate serves as the FPC's executive and management body. It is responsible for implementing decisions taken by the board of directors and for overseeing the FPC's daily administration. Its duties include executing the budget, preparing financial statements, supervising all departments, and representing the FPC in its dealings with third parties. To this end, it is vested with all powers necessary to provide the proper functioning of the institution and to act on its behalf under all circumstances.
The general directorate is headed by a director general, assisted by a Deputy Director General, both appointed or dismissed by ordinance of the president of the republic upon proposal of the government deliberated in the Council of Ministers. The current director general is Barbara Kanam, who was appointed by President Félix Antoine Tshisekedi Tshilombo on 8 July 2023. In cases of absence or incapacity, the director general is temporarily replaced by the deputy director general or, failing that, by a serving director designated by the supervisory minister on the director general's proposal. Legal proceedings involving the FPC are conducted in its name by the director general or a duly authorized representative. The remuneration of the director general and deputy director general is set by decree of the prime minister, adopted in the Council of Ministers upon proposal of the supervisory minister.

Board of statutory auditors

The board of statutory auditors is tasked with supervising the financial management. It is composed of two members drawn from different professional bodies and having recognized technical and professional competence. The auditors are appointed by decree of the prime minister, adopted in the Council of Ministers upon proposal of the supervisory minister, for a single, non-renewable term of five years. They may, however, be removed from office in cases of proven misconduct during the performance of their duties.
The statutory auditors may not take decisions individually but enjoy unrestricted rights of supervision and control over all operations of the FPC, whether acting jointly or separately. Their mandate includes examining accounting records, cash holdings, securities, inventories, and financial statements, as well as verifying the accuracy of information presented in reports submitted to the board of directors. They may consult all documents of the FPC without removing them. An annual audit report is submitted to the supervisory minister, detailing the audit methods used, identifying any irregularities or inaccuracies, and making appropriate recommendations. The auditors receive a fixed allowance paid by the FPC, the amount of which is determined by decree of the prime minister deliberated in the Council of Ministers.

Provincial level

At the provincial level, the FPC's administrative structure is composed of provincial directorates and their respective branches. These include:
The FPC intervenes exclusively in projects of a cultural or artistic nature, excluding activities from other sectors. Its support may take the form of loans, equity participation, interest-rate subsidies, or grants.
  • Loans constitute a form of financial assistance whereby the FPC funds a cultural or artistic project with the obligation that the principal and accrued interest be repaid. Loans may be classified as short-, medium-, or long-term, depending on the repayment period. Short-term loans are repayable within one year, medium-term loans within three years, and long-term loans over a period exceeding three years. The repayment schedule is determined based on the scale of the project and the duration of its execution and is specified in the loan agreement or in a separate document endorsed by the parties.
  • Equity participation occurs when the FPC co-finances the execution of a cultural or artistic project alongside a public or private individual or entity. Such participation may generate financial returns for the FPC or be granted on a non-reimbursable basis, depending on the nature of the project. Non-recoverable equity participation is reserved for projects deemed to be of significant importance to the promotion and dissemination of Congolese culture at the national or international level.
  • The FPC may grant interest-rate advantages to borrowers who are promoters or holders of cultural or artistic projects it finances, provided that repayment occurs before the contractual maturity date. The amount of the subsidy is determined by the director general, based on an assessment of the borrower's performance.
  • Grants include non-reimbursable financial assistance provided by the FPC to support cultural or artistic projects undertaken by individuals or entities, whether public or private, that serve the general interest.