Managing Compliance and National Security Risks When Doing Business in the DRC, Part 1

In this episode, Tom Fox welcomes David Simon, Partner at Foley & Lardner; Jack Korba, Of Counsel at Foley & Lardner; and Olivier Bustin, a Partner at Pinsent Masons, to talk about doing business in and with the Democratic Republic of the Congo (DRC). This is the first part of a two-part series on this topic. The guests present a detailed approach to evaluating and managing travel into a high-risk country or region. The three argue that while governance and logistics risks remain, improved infrastructure and heightened strategic importance of the DRC’s critical minerals (including cobalt, coltan, lithium, manganese, and rare earths) make risks more manageable and the market more relevant, with noted U.S. government continuity across administrations. They discuss opportunities beyond mining, including power, logistics, banking/insurance, tech, entertainment, and education, while emphasizing infrastructure and bankability constraints. Korba outlines national security, sanctions/export controls, and supply chain “adjacency” risks, as well as the need for sector-specific analysis. The panel highlights “choke points” stemming from concentrated power and weak institutions, and Bustin explains why local content/ownership rules and patronage dynamics require diligence that goes beyond nominal ownership. They conclude by applying a risk-based compliance approach, devoting enhanced resources to higher-risk projects and counterparties. Key highlights: Why DRC Now Beyond Mining Opportunities National Security Risks Choke Points Explained Local Ownership Diligence Risk-Based Compliance Resources: David Simon Jack Korba Olivier Bustin Foley & Lardner Pinsent Masons The Democratic Republic of the Congo as a Near-Term Strategic Opportunity for U.S. Companies Part 1 Part 2 Part 3 Tom Fox Instagram Facebook YouTube Twitter LinkedIn To learn about the intersection of Sherlock Holmes and the modern compliance professional, check out my latest book, The Game is Afoot-What Sherlock Holmes Teaches About Risk, Ethics and Investigations on Amazon.com. Learn more about your ad choices. Visit megaphone.fm/adchoices