Agence Nationale pour la Promotion des Investissements

Accreditation in the Insurance sector

Administrateur — 2020-05-11T15:47:24Z

To operate in the insurance sector in the DRC, one must be incorporated as a company under Congolese law.

1. Conditions of approval for undertakings governed by Congolese law

Every application for approval submitted by an undertaking governed by Congolese law shall be submitted in five copies and shall include:

A list of the branches which the undertaking proposes to carry on;
Where appropriate, an indication of the foreign countries in which the undertaking proposes to operate;
One of the duplicates of the authentic instrument of incorporation of the undertaking or a copy of a consignment;
The minutes of the constituent general meeting;
Two copies of the articles of association, a certificate of bank deposit and the bank statement recording the payments made to pay up the share capital or the establishment fund;
The list of directors and managers as well as any person called upon to perform equivalent functions with the surname, middle name, first name, domicile, nationality, date and place of birth of each of them;

The persons mentioned above shall be required to produce an extract from their criminal record dated less than three months ago or an equivalent document issued by a competent authority. In addition, if they are of foreign nationality, these persons must comply with the provisions of the laws and regulations relating to the aliens police;

A program of activities comprising the following items:
1. A document specifying the nature of the risks that the company proposes to insure;
2. Two copies of the policies and printed material for public distribution or publication for each of the classes of business for which approval is sought;
3. Two copies of the tariffs for each of the classes of business for which accreditation is sought.

2. Approval of executives

To be eligible for the position of officer, applicants must hold either:

A post-graduate or university degree in insurance or actuarial science and at least ten years' experience as a senior manager in an insurance undertaking, insurance organization, insurance brokerage firm or insurance supervisory authority;
A higher or university degree in economics or law with at least ten years' experience as a manager in a financial undertaking;
A higher education diploma or university degree with at least ten years' experience as a manager in a company or administration.

3. Share capital of the insurance or reinsurance undertaking Art 295

Depending on the type of authorization sought, insurance or capitalization undertakings constituted as public limited companies and having their head office in the territory of the DRC must have the following minimum capital:

10,000,000,000 Congolese francs, not including contributions in kind, for undertakings which enter into commitments the performance of which depends on the length of human life or which call on savings for capitalization and enter into specific commitments in exchange for one-off or periodic, direct or indirect payments;
10,000,000,000 Congolese francs, not including contributions in kind, for insurance undertakings of any kind, including undertakings carrying on assistance activities and other than those referred to in the preceding point.

However, in view of the operations that insurance and capitalization undertakings intend to carry out and the forecasts of their commitments, the Insurance Regulatory and Supervisory Authority may require the constitution of a share capital higher than the aforementioned minimum.

Each shareholder is required to pay up at least half of the amount of the shares in cash subscribed by him before the final constitution.

The balance shall be paid up within a period not exceeding six months from the date of registration in the Trade and Personal Property Credit Register, according to the conditions laid down in the Articles of Association or by a decision of the Board of Directors.

4. Mutual insurance companies

Mutual insurance companies, depending on the type of authorization applied for, must have the following minimum fund of establishment:

3,000,000,000 Congolese francs, not including contributions in kind, for undertakings which enter into commitments whose performance depends on the duration of human life or which call on savings for capitalization and enter into specific commitments in exchange for one-off or periodic, direct or indirect payments;
3,000,000,000 Congolese francs, not including contributions in kind, for insurance undertakings of any kind, including undertakings carrying on assistance activities and other than those referred to in point 1° above.

5. Accreditation

It should be noted that authorization is granted at the request of the undertaking, for operations in one or more classes of insurance. The undertaking may carry on only those operations for which it is authorized.

Authorization is granted by classes of business, namely:

Fire, accidents and miscellaneous risks;
Life insurance.

Contact:Contact: Autorité de Régulation et de Contrôle des Assurances (ARCA) (InsuranceRegulation and Control Authority)

16, Av. Pumbu, Kinshasa/Gombe.

E-mail: info@arca.cd

Website: www.arca.cd

Democratic Republic of the Congo

Investing in the mining sector

Administrateur — 2020-05-11T15:44:14Z

There are two possibilities for investing in the mining sector:

partnering with portfolio companies or others with existing mining concessions;
Applying for mining titles from the Mining Cadaster in accordance with the following conditions and procedure:

1. Mining Exploration Permit

Submission of the file in triplicate to the Central or Provincial Mining Registry concerned; The file includes the following:
- The form is withdrawn from the Mining Cadaster Office (CAMI), duly completed and signed;
- The statutes, the RCCM and proof of publication in the Official Gazette;
- The notification of the tax identification number;
- The capacity and power of the person empowered to bind the legal entity and the identity of its agent if the application is made by the latter;
- The type of mining or quarrying rights applied for;
- The originals of the bank certificate and the statement of account, etc.
The surface area covered by all the perimeters that are the subject of research held by the holders may not exceed 2,352,442 square meters (art. 53);
Verification by the CAMI whether the request for a Research Permit is admissible;
In case of admissibility, the CAMI records the request in the registration book and issues a receipt;
Examination of the file at the land registry and granting, in case of a favorable opinion of the Permit by Order of the Minister of Mines.

N.B.: The area of the Research Permit may not exceed a maximum of four hundred and seventy-one (471) squares.

2. Operating Licence

Submission of the file to the CAMI;
Elements of the file (see Research Permit including the references of the Permit);
Payment of filing fees fixed by the interministerial decree of Mines and Finance;
Cadastral, technical and environmental instruction...

Contact:Cadrastre Minier

5th floor of the GECAMINES building,

Boulevard du 30 juin, in Kinshasa / Gombe.

E-Mail:cami@ic.cd, info@cami.cd

Democratic Republic of the Congo

New Information and Communication Technologies

Administrateur — 2020-05-11T15:43:00Z

Licensing and Authorization to Operate Regime

Request letter to be addressed to the President of the Postal and Telecommunications Regulatory Authority(ARPTC). This letter must be accompanied by the applicant's administrative file consisting of:
- Statute;
- Business plan;
- Brief description of the network (general configuration of the network);
- Technical form of the ARTPC duly filled in.
- Non-refundable Education Expense Payment to ARPTC at time of application.
Review of the file by the ARPTC and proposal of frequency resources if available. A Decision of the College shall sanction the assignment.
Preparation and development by the ARPTCof the draft specifications to be submitted to the Minister for approval or not.
Approval or rejection by the Minister of Telecommunications Posts and New Information and Communication Technologies, PTNTIC. In case of rejection: the Minister may ask the ARPTC to reconsider the file. In case of approval, the Minister of PTNTICshall sign the Order granting the licence or authorization and publish it in the official gazette.
Notification by the ARPTC to the recipient operator.
Payment by the beneficiary of the one-time fee to the Public Treasury.

Contact:Post and Telecommunications Regulatory Authority (ARPTC)

Av. des Armées, Kinshasa/Gombe.

E-mail: arptc@starnet.cd, info.arptc@arptc.cd, arptc@micronet.cd

Tel: +243 810385910

Website: www.arptc.gouv.cd

Democratic Republic of the Congo

Procedure in the transport sector

Administrateur — 2020-05-11T15:42:16Z

1. Accreditation in the road sector

Send a request to the General Secretariat for Transport and Communications to obtain:
- The authorization of transport;
- The technical inspection certificate.

Send a request for approval to the Minister of Transport and Communications, with a copy to the General Secretariat of Transport and Communications, and to the Director of Land Transport to obtain the following: transport authorization; technical inspection certificate:

Accreditation

The file relating to this application must contain the following elements:

Notarized statutes;
National Identification Number;
N° in the Trade and Personal Property Credit Register (RCCM);
Deed of guarantee;
Insurance policy;
Curriculum vitae of the Managing Partner;
Affiliation to different structures such as: INSS, INPP, FEC, and COPEMECO;
Organizational chart of the applicant firm.
- Cost of the Road Public Transport Approval: USD 1000.
- Follow-up of the in situ survey at the investor's expense.

2. Accreditation in the railway sector

Send a request to the General Secretariat for Transport and Communications to obtain:
The authorization of transport;
The technical inspection certificate.
Then send the application for approval to the Minister of Transport and Communications; copy reserved for the General Secretariat of Transport and Communications and the Director of Land Transport.
The application requires the constitution of a file with the following elements:
- Notarized statutes;
- National Identification Number;
- N° in the Trade and Personal Property Credit Register (RCCM);
- Deed of guarantee;
- Insurance policy;
- Curriculum vitae of the Managing Partner;
- Affiliation to various associations: INSS, INPP, FEC, COPEMECO;
- Organizational chart.
- Cost of the approval of public rail transport: US$ 1000. Follow-up of the in situ survey at the expense of the investor.

3. Conditions for obtaining operating licenses in the maritime sector

Have the authorization of construction, condition sine qua none for any boat built in DRC:
For boats bought abroad:
- Certificate of deregistration (from the country of origin);
- The letter of sea;

After investigation (and after favorable opinion), the documents below are delivered:

Certificate of seaworthiness;
Tonnage certificate;
Certificate of Registration.

4. Conditions for obtaining aeronautical operating licenses

Send a letter of application for an operating licence to the Minister of Transport and Communication Channels; copy to the Director General of the Civil Aviation Authority (CAA) for the application of the operating licence:
- Obtain the expertise of the CAA, which evaluates the legal, financial and technical guarantees (at the expense of the investor);
- Payment to the public treasury after the favorable opinion of the CAA based on the elements of the preliminary investigation;
- The granting of the operating licence follows this.
Cost of the licence: USD 5,000 renewable after 5 years of operation.

5. Air Operator Certificate

Send the request to the Civil Aviation Authority;
The delivery conditioned by the holding of the valid operating licence by the Civil Aviation Authority;
Cost: USD 2,000, renewable annually.

Obtaining an agricultural concession

Administrateur — 2020-05-11T15:41:37Z

The right to use land is called a "concession". It is legally established only by a certificate of registration of the land granted by the State. It is unassailable after 2 years from the date of its establishment.

There are two types of concessions:

Perpetual concession, reserved for the Congolese (with no time limit);
Ordinary concessions, accessible to Congolese and foreigners (for a period of 25 years renewable without limitation).

Steps to obtain an ordinary concession for agricultural use:

Identification of the land (contact the Ministry of Land Affairs). ANAPI in this process can assist the investor;
Signing of an agreement with the customary authority of the place, against payment of a sum of money and material goods in accordance with the custom;
Land vacancy survey and demarcation by the competent State services (local services of the Ministry of Agriculture and the Ministry of Land Affairs);
Signing of the concession contract (Registrar of Immovable Titles of the jurisdiction): valid for a period of 3 years;
Establishment of the registration certificate by the Registrar of Immovable Titles of the jurisdiction;
The validity of the registration certificate is 25 years renewable for foreigners.

Agricultural land shall be granted to farmers and developed under the following conditions:

Be a natural person of Congolese nationality or a legal person governed by Congolese law whose shares or stocks, as the case may be, are majority-owned by the Congolese State and/or nationals;
Have a known residence, domicile or registered office in the Democratic Republic of the Congo;
Present proof of his registration in the Trade and Personal Property Credit Register, if he is a trader;
Justify the financial capacity likely to bear the burden of the development of the concession;
Produce an environmental and social impact study.

Contact: Ministry of Agriculture

Crossroads of Boulevard 30 Juin and Avenue Batetela, Kinshasa/Gombe

Website: www.minagri.cd

The Democratic Republic of the Congo

Accreditation of a Micro-credit Company

Administrateur — 2020-05-11T15:40:48Z

In support of their request for approval, promoters must submit a complete file including, in addition to a letter of request for approval, written in French and addressed to the Governor of the Central Bank of Congo, the following elements:

Legal personality;
Resolutions of the Constitutive General Assembly and of the Extraordinary General Assembly of shareholders or associates legal entities authorizing them to take part in the capital of the MFI;
National Identification Number;
Original Notarial Statutes;
Internal Regulations;
Documents certifying the payments made to a bank or other microfinance institution to pay up the minimum capital set at the equivalent in Congolese francs of USD 100,000.00;
List of shareholders or associates;
Certified financial statements for the last three fiscal years of the shareholders or partners who are legal entities;
Minutes of the General Meeting for the appointment of the members of the Board of Directors, the Board of Auditors and the Credit Committee;
Curriculum Vitae, Certificates of Residence and of Good Living and Morals, Extract from the Criminal Records of all Shareholders, representatives of shareholders or partners who are legal entities, members of the Board of Directors and other Managers with experience in the banking or financial field and in corporate governance, including those of the Chief Executive Officer or Manager;
Certification by the supervisory authority of the country of origin for foreign legal entities;
Curriculum vitae of a qualified accountant or one with proven experience in the field;
Activity (business plan), establishment and organization forecasts, detailing, in particular, the technical and financial means as well as the human resources of the institution with regard to its objectives and needs and this, over a period of three (3) to five (5) years;
Payment of the CDF 365,000.00 (Congolese Francs three hundred and sixty-five thousand) to be paid into accounts G 17416/0500 in the books of the Central Bank of Congo.

N.B.: The authorization is also subject to a conformity inspection of the installations and equipment at the place of operation.

The Central Bank of Congo reserves the right to request any other document or information likely to enlighten its decision.

Setting up a bank

Administrateur — 2020-05-11T15:39:58Z

Conditions for the Licensing of a Banking Financial Institution

Legal framework

Law n°003/2002 of02 February 2002 relating to the activity and control of Credit Institutions

Company-specific conditions

Se Incorporate regularly as a public limited company in accordance with the law of OHADA;
Proof of a minimum subscribed and paid-up capital of the equivalent in Congolese Francs of USD 30,000,000 (thirty million dollars).

According to the letter of 30 September 2016 from the Governor of the Central Bank of the Congo, the following should be noted:

Active banks, whose core capital as defined by the Central Bank of Congo is below this minimum capital, have a period of twelve (12) months to increase the said funds to the required regulatory level;
Licensed banks not yet in operation due to start-up formalities have a twelve (12) month period to adjust the minimum paid-up capital to the required regulatory level, from the start of their activities;
The level of the minimum capital is set, as of December 31, 2020, at the equivalent in Congolese Francs of USD 50,000,000 (US Dollars fifty million).
Meet a general or local economic need.

Conditions relating to executives

No person may establish, administer, direct or manage a bank in any capacity if he has been :

Sentenced for an infringement of Law n°003/2002 of February 02, 2002 or the exchange regulations;
Declared bankrupt and has not been rehabilitated, even when the bankruptcy opened in a foreign country;
Sentenced in the Congo or abroad to a custodial sentence of at least three months' imprisonment, even on parole, as perpetrator or accomplice in the commission or attempted commission of one of the following offences:
- Counterfeit money;
- Counterfeiting or falsification of banknotes of public effects, bonds, interest coupons;
- Counterfeiting or falsification of seals, stamps, hallmarks and marks; forgery and use of forged writing;
- Corruption of public officials or bribery;
- Theft, extortion, embezzlement, misappropriation or breach of trust, swindle or fraud;
- Bankruptcy; fictitious circulation of negotiable instruments;
- Money laundering

Convicted of common crimes and offences assimilated by law to those listed above;
if he has taken part in the administration, management or day-to-day management of a Credit Institution which has been ordered to be compulsorily dissolved or declared bankrupt.

Documents or Elements of the file to be transmitted to the Central Bank of the Congo

The letter of request for approval to be addressed to the Governor of the Central Bank of Congo;
The resolution of the constituent general meeting of the company;
The trade and personal property credit register;
The national identification number;
The resolution of the extraordinary general meeting of the associates of the legal entities shareholders of the new bank authorizing them to take part in the capital of the future bank;
The original notarized articles of association of the new company;
Proof of payment of the minimum capital required (certificate from a local or foreign bank acknowledging having received in deposit the above-mentioned amount of capital with a view to creating the envisaged bank);
The list of shareholders;
The composition of the Board of Directors and of the Management Committee of the Bank being created, as well as the curriculum vitae and extracts from the criminal records of the members and individual shareholders;
The certified financial statements for the last three financial years of the legal entity shareholders;
Location and organization forecasts;
A statement of the general policy that the Bank intends to apply;
A feasibility study including business forecasts supported by balance sheets and projected operating accounts over a minimum period of 5 years showing the profitability of the project;
Details of the technical and financial resources that the Credit Institution intends to implement.

It should be noted that, in addition to the conditions listed above, approval is subject to the Central Bank of Congo obtaining a favorable opinion from the Supervisory Authority of the country of origin of the parent company or the main promoters in the case of banks with foreign capital.

Furthermore, the Central Bank of Congo, through its banking supervisory body, reserves the right to demand any other element or information likely to enlighten its decision.

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Source: Central Bank of Congo / DRC

Approval to the advantages of the Investment Code

Administrateur — 2020-05-11T15:38:20Z

1. Repositories

Law No. 004 of February 21, 2002 on the Investment Code;
Decree 009/33 of 08/08/2009 on ANAPI's statutes, organization and functioning;
Decree n° 12/046 of 01/11/2012 implementing measures of the Investment Code;
Projects approval procedures manual, issued by the Approval Board, July 2013.

2. Procedure Click here to see the file submission template

The promoter sends a request for approval to the National Agency for the Promotion of Investments at the above-mentioned address, with a file containing the following elements: Click here to see the file submission template

A copy of the investment project, presented in accordance with the model annexed to the Investment Code;
A list of equipment and materials to be imported in electronic form;
Proof of the legal existence of the company (notarial statutes, RCCM n°, tax n°) and other useful documents (title deed, partnership contract, etc.);
Proof of payment of the fees for submitting the file to the Bank: USD 1,000 for large companies and USD 500 for SME projects and the application (relating to a file being processed).
ANAPI receives the investment projects after payment by the investors of the deposit fees to the bank, analyses them and issues opinions for their approval to the advantages of the general regime of the Investment Code;
The Approval Board sitting within ANAPI examines the investment projects analyzed by ANAPI, validates them by minutes after amendments.
ANAPI informs the promoter of the approval or rejection of the file by the Approval Committee.
The draft interministerial decrees approved by the Approval Committee are submitted to the Minister of Planning & Follow-up of the Modernity Revolution and the Minister of Finance respectively.
The interministerial approval order is delivered to the promoter by ANAPI within 30 days maximum, starting from the day the application file is submitted to ANAPI. After this deadline, the approval is deemed granted.
The financial agencies as well as ANAPI are then bound to let the investor enjoy all the advantages provided for in the Investment Code, upon presentation of the receipt of the file deposit signed by the ANAPI General Manager or his delegate and of the list of goods to be imported signed by the delegates of ANAPI, DGDA, DGI and DGRAD.

General procedure for setting up a business

Administrateur — 2020-05-11T15:37:38Z

According to the provisions of Article 6 of the Uniform Act of 30 January 2014 relating to the law on commercial companies and economic interest grouping, the legal forms of companies recognized in the DRC are as follows:

Establishment (or sole proprietorship or individual trader);
The Limited Liability Company (SARL);
The Public Limited Company (SA);
The Simplified Joint Stock Company (SAS);
Collectively Owned Company (SNC);
The Limited Partnership (SCS);
The Economic Interest Grouping (EIG).

Any investor, who would like to create his company in the DRC, saves time by contacting the Single Window for business creation.

A. Documents to be filed with the "Single Window for Business creation" (www.guichetunique.cd)

Corporate Entity

Letter of request for the creation of a company addressed to the Managing Director of the Single Window;
Articles of Association of the company in 4 copies + the electronic version of the articles of association for publication in the Official Journal;
Specimen of the manager's signature (plus the photocopy of the validity of the visa in case the manager is a foreigner);
Declaration of subscription to and payment of the share capital;
Proof of payment of the share capital (Paying-in slip or Certificate issued by a banking or micro-finance institution duly approved in the State Party of the registered office). For the Limited Liability Company (SARL), there is no requirement for the amount of the minimum capital even though the nominal value of the contributions should not be less than the equivalent of FCFA 5,000 each (USD 10).
For the Public Limited Company (SA), the share capital should be the equivalent of at least 10,000,000 FCFA (USD 20,000) when it does not go public and 100,000,000 FCFA (USD 200,000) otherwise. In addition to this amount of share capital, in accordance with Congolese tax legislation, a proportional duty of 1% of the value of the share capital (at the creation, and possibly at the increase of the share capital or the extension of the duration of the company) is added.
Proof of payment of administrative fees.

Natural person for the constitution of an establishment

Letter of request for the creation of a company addressed to the Managing Director of the Single Window;
Title deed or lease contract or occupancy title;
Recognized identity document;
Extract from the criminal record or sworn statement valid for 75 days;
Residence permit -visa (for foreigners);
Marriage contract (for foreigners if necessary);
Mandate or Power of Attorney (in case of absence of the manager to start the procedure).

B. Documents provided by administrations and the GUCE

Acknowledgement of receipt for company registration;
Collection note from the General Directorate of State Revenue and Participation (DGRAD);
Articles of Association and Notarial Deeds;
Trade and Personal Property Credit Register (RCCM);
Deed of deposit;
National Identification No;
Tax No. Directorate General of Taxes, DGI;
INPP No.;
CNSS No.;
Certificate of registration from the National Employment Office (ONEM).
Acknowledgement of receipt of the environment.

C. Cost of setting up the business (legal and natural person):

Physical person: 30 USD
Moral Person: 80 USD when the applicant firm presents the notarized articles of association and 70 USD in case of private sub-sexed articles of association presented to the Single Window for Business Creation (GUCE).

D. File processing time: 3 days.

E. Constituent elements of the file for the representative office, subsidiary and branch office (Articles 116-120 and 179-180 of the Uniform Act relating to the law on commercial companies and economic interest grouping):

Deed of decision to create the Office, Branch, Parent Company or Subsidiary, legalized and stamped by the Embassy of the DRC in the country where the applicant is located;
Physical address;
Name of the person in charge;
Identity document;
Filing and opening of the file;
Statutes;
Extract of "K bis" from the Register.

The representative or liaison office may be the establishment of a foreign company, but is also subject to the law of the State Party in which it is located and is registered in the Trade and Personal Property Credit Register (RCCM) in accordance with the provisions in force.

If the activity of the representative office justifies its conversion into a branch, a request for rectification to the RCCM must be made within thirty (30) days following such change of situation. If the status is not authenticated, this cost is reduced from 80 to 70 USD.

F. Addresses:

Kinshasa:Avenue de la Science, N°482, Commune de la Gombe (Reference: within the Lab of Office des Routes, opposite ITI-GOMBE), more specifically, on the floor of the building also housing the Kinshasa/Gombe Commercial Court.
- E-mail : guichetuniquerdc@yahoo.fr /guce@guichetunique.cd
- Tel.: +243 822 284 008.

Lubumbashi : CNSS Building, Av. Lumumba, Commune de Lubumbashi dans le Haut-Katanga
- Tél. : +243 812824408

Kisangani : Place du cinquantenaire, Immeuble ex UZB, Commune de Makiso dans la Tshopo
Goma : 14, BlvdKanyamuhanga, Q. Les Volcans, Commune de Goma
- Tel. : +243 995603257

It should be noted that the Single Window for business creation is not yet installed throughout the Democratic Republic of the Congo. To make up for this deficiency, the Commercial Courts and, where applicable, the High Courts, grant the Trade and Personal Property Credit Register (RCCM), which gives the company the right to carry out commercial acts.

Agence Nationale pour la Promotion des Investissements

Accreditation in the Insurance sector

1. Conditions of approval for undertakings governed by Congolese law

2. Approval of executives

3. Share capital of the insurance or reinsurance undertaking Art 295

4. Mutual insurance companies

5. Accreditation

Investing in the mining sector

1. Mining Exploration Permit

2. Operating Licence

New Information and Communication Technologies

Licensing and Authorization to Operate Regime

Procedure in the transport sector

1. Accreditation in the road sector

Accreditation

2. Accreditation in the railway sector

3. Conditions for obtaining operating licenses in the maritime sector

4. Conditions for obtaining aeronautical operating licenses

5. Air Operator Certificate

Obtaining an agricultural concession

Steps to obtain an ordinary concession for agricultural use:

Agricultural land shall be granted to farmers and developed under the following conditions:

Accreditation of a Micro-credit Company

Setting up a bank

Legal framework

Company-specific conditions

Conditions relating to executives

Documents or Elements of the file to be transmitted to the Central Bank of the Congo

Approval to the advantages of the Investment Code

1. Repositories

2. Procedure Click here to see the file submission template

General procedure for setting up a business

A. Documents to be filed with the "Single Window for Business creation" (www.guichetunique.cd)

Corporate Entity

Natural person for the constitution of an establishment

B. Documents provided by administrations and the GUCE

C. Cost of setting up the business (legal and natural person):

D. File processing time: 3 days.

E. Constituent elements of the file for the representative office, subsidiary and branch office (Articles 116-120 and 179-180 of the Uniform Act relating to the law on commercial companies and economic interest grouping):

F. Addresses: