MEMORANDUM OF UNDERSTANDING Among the THE UNITED STATES OF AMERICA THE DEMOCRATIC REPUBLIC OF THE CONGO, And the THE REPUBLIC OF ZAMBIA Concerning SUPPORT FOR THE DEVELOPMENT OF A VALUE CHAIN IN THE ELECTRIC VEHICLE BATTERY SECTOR

MEMORANDUM OF UNDERSTANDING

Among the

THE UNITED STATES OF AMERICA,

THE DEMOCRATIC REPUBLIC OF THE CONGO,

And the

THE REPUBLIC OF ZAMBIA

Concerning

SUPPORT FOR THE DEVELOPMENT OF A VALUE CHAIN IN

THE ELECTRIC VEHICLE BATTERY SECTOR.

The United States of America (the “United States”), the Democratic

Republic of the Congo (the “DRC”), and the Republic of Zambia

(“Zambia”) (hereinafter collectively referred to individually as a

“Participant” and jointly as the “the Participants”);

SEEKING to facilitate the development of an integrated value chain for

the production of electric vehicle (EV) batteries in the DRC and Zambia,

ranging from raw material extraction, to processing, manufacturing, and

assembly;

RECOGNIZING the DRC and Zambia’s shared interest in furthering

cooperation to drive industrial and economic growth as global demand

for cobalt is projected to increase dramatically in the coming decades to

meet demand for electric vehicle (EV) batteries from domestic use and

export;

INTENDING to undertake a project to facilitate the development of an

EV battery value chain that would help the international community

reduce carbon emissions and support the Paris Agreement’s aim to

strengthen the global response to the threat of climate change, including

by holding the increase in the global average temperature to well below

2 degrees Celsius above pre-industrial levels and pursuing efforts to

limit the temperature increase to 1.5 degrees Celsius;

ACKNOWLEDGING the United States’ offer to provide support,

including possible technical assistance, to facilitate the development of

an integrated EV battery value chain; and

MINDFUL of the need by DRC and Zambia to build their respective

technical capacities to enable cooperation in the joint development of

battery material processing and manufacturing capacity;

NOW, THEREFORE, have reached the following understanding:

Section I: Objective and Scope

1. The purpose of this Memorandum of Understanding is to strengthen

cooperation among the Participants in furtherance of the development of

a cross-border integrated value chain for the production of EV batteries,

leading to increased awareness of investment opportunities and the

identification of potential co-financing opportunities for electric vehicle

value chain-related investments.

Section II: Areas of Cooperation

1. The Participants intend to cooperate in feasibility studies,

consultancies, and technical assistance opportunities to facilitate

transparent, competitive tenders to find the best and most cost-effective

contractors and partners to advance the DRC-Zambia Cooperation

Agreement on the Establishment of a Value Chain in the Electric Battery

and Clean Energy Sector. Each Participant may determine for itself if a

project is suitable for investment.

Section III: Intentions

1. The United States intends to support DRC and Zambia in

their development of a value chain for EV batteries in the DRC and

Zambia in a manner consistent with applicable domestic laws and

international best practices that facilitate the prevention, detection,

and prosecution of corruption, as well as applicable obligations

under the United Nations Convention against Corruption.

2. The United States intends to take appropriate steps to

promote awareness of the DRC and Zambia Electric Vehicle

Battery initiative within the U.S. private and investment

sector. This could include commercial development, where

appropriate, as well as exploring technical assistance opportunities

to facilitate potential U.S. private sector participation in such

projects.

3. The United States confirms its interest in supporting the

development of industrialized economic growth, such as through

the construction of electric vehicle precursor plants in DRC and

Zambia, and to provide the technical assistance to ensure its

success to the extent allowed under its domestic legal authorities.

4. This Memorandum of Understanding is not intended to be

legally binding and is not an obligation of funds. All activities

pursued under this Memorandum of Understanding are subject to

the availability of funds.

Section IV: Duration and Amendment of the MOU

1. This Memorandum of Understanding becomes operative

upon signature of the Participants.

2. A Participant may discontinue its participation in this

Memorandum of Understanding at any time. A Participant that

intends to discontinue its participation in this Memorandum of

Understanding should endeavor to provide the other Participants

with 90 day’s written notice of its intent to do so.

3. Discontinuation is not intended to affect the implementation

of ongoing activities facilitated under this Memorandum of

Understanding prior to discontinuation.

Signed at Washington on December 13, 2022, in three copies, in the

English and French languages, both language versions being equally

official.

FOR THE GOVERNMENT OF THE UNITED

STATES OF AMERICA:

_______________________

FOR THE GOVERNMENT OF THE

DEMOCRATIC REPUBLIC OF THE

CONGO:

________________________

FOR THE GOVERNMENT OF THE

REPUBLIC OF ZAMBIA:

________________________