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  ANNEX 2 CONGO WT/TPR/S/285 • CONGO 
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  CONTENTS 
1   ECONOMIC ENVIRONMENT ...................................................................................... 184  
1.1   Main features  of the ec onomy .................................................................................. 184  
1.2   Recent econ omic trends .......................................................................................... 187  
1.3   Trade and invest ment perfor mance ........................................................................... 189  
1.4   Outlook ................................................................................................................. 193  
2   TRADE AND INVESTMENT REGIMES ......................................................................... 195  
2.1   Overall framework .................................................................................................. 195  
2.2   Trade policy  objectives ............................................................................................ 202  
2.3   Trade agreements  and arrang ements ........................................................................ 202  
2.3.1   World Trade Organization ...................................................................................... 202  
2.3.2   Relations with th e European Un ion (EU)  .................................................................. 203  
2.3.3   Other agreements and arrangements ...................................................................... 203  
2.4   Investme nt regime ................................................................................................. 203  
3   TRADE POLICIES AND PRACTICES BY MEASURE ...................................................... 208  
3.1   Measures directly  affecting imports ........................................................................... 208  
3.1.1   Regi stration  ........................................................................................................ 2 08 
3.1.2   Customs procedures ............................................................................................. 209  
3.1.3   Preshipment inspecti on and customs valuation ......................................................... 211  
3.1.4   Rules of origin ..................................................................................................... 2 12 
3.1.5   Customs levies .................................................................................................... 212  
3.1.6   Intern al taxes ..................................................................................................... 21 4 
3.1.7   Tariff preferences ................................................................................................ 215  
3.1.8   Duty and tax concessions ...................................................................................... 215  
3.1.9   Prohibitions, quantitative  restrictions an d licensing ................................................... 215  
3.1.10   Standards, technical re gulations and a ccreditation .................................................. 216  
3.1.11   Sanitary and ph ytosanitary me asures ................................................................... 217  
3.1.12   Packaging, marking an d labelling requirements ...................................................... 217  
3.1.13   Contingency measures ........................................................................................ 217  
3.1.14   Other measures ................................................................................................. 218  
3.2   Measures directly  affecting exports ........................................................................... 218  
3.2.1   Registration and customs procedures ...................................................................... 218  
3.2.2   Export du ties and taxes ........................................................................................ 218  
3.2.3   Export prohibit ions and co ntrols ............................................................................. 219  
3.2.4   Export subsid ies and prom otion ............................................................................. 219  
3.3   Measures affecting production an d trade .................................................................... 220  
3.3.1   Ince ntives .......................................................................................................... 2 20 
3.3.2   Competition and price co ntrol ................................................................................ 220  
3.3.3   State trading, State-owne d enterprises and privatization ........................................... 221  
3.3.4   Government  procurement ..................................................................................... 221  WT/TPR/S/285 • CONGO 
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  3.3.5   Protection of inte llectual property  rights .................................................................. 221  
4   TRADE POLICIES BY SECTOR ................................................................................... 224  
4.1   Agriculture, livestoc k, fishing and forestry  .................................................................. 224  
4.1.1   Overview ............................................................................................................ 2 24 
4.1.2   Agricultural policy ................................................................................................ 22 4 
4.1.3   Policy by subsector .............................................................................................. 226  
4.2   Mining, ener gy and wa ter ........................................................................................ 232  
4.2.1   Mining products ................................................................................................... 232  
4.2.2   Petroleum produc ts and natu ral ga s ....................................................................... 233  
4.2.3   El ectricity ...........................................................................................................  236 
4.2.4   Water ................................................................................................................ 237 
4.3   Manufac turing ........................................................................................................ 23 7 
4.4   Services ................................................................................................................  238 
4.4.1   Overview ............................................................................................................ 2 38 
4.4.2   Transportation ..................................................................................................... 238  
4.4.3   Tourism .............................................................................................................. 242  
4.4.4   Telecommunications and postal se rvices ................................................................. 243  
4.4.5   Financial services ................................................................................................. 244  
REFERENC ES ................................................................................................................ 247  
5   APPENDIX TABLES .................................................................................................. 249  
 
CHARTS 
 Chart 1.1 Structure of trade in goods, 2007 and 2010  ......................................................... 191
 
Chart 1.2 Direction of trade in goods, 2007 and 2010  ......................................................... 192  
 
TABLES 
 
Table 1.1 Selection of macroeco nomic indicators , 2005-2011  ............................................... 185  
Table 1.2 Balance of payments, 2007- 2012 ....................................................................... 189  
Table 1.3 Trend in foreign direct investment in the Congo, 2006-2010 ................................... 190  
Table 1.4 Macroeconomic forecast following implementation of the National Development 
Programme (PND), for th e period 2013 -2017 ..................................................................... 194  
Table 2.1 Principal trade-related laws and regulations of the Congo, March 2013 ..................... 197  
Table 2.2 Investment Code – benefi ts under preferen tial regimes ......................................... 205  
Table 2.3 Number of approvals granted and investments pla nned, 2006-2012 ........................ 205  
Table 2.4 Number of approv als extended, 2008-2012.......................................................... 205  
Table 3.1 Number of busi nesses formed , 2010-201 2 ........................................................... 208 
Table 3.2 Variable component of the ECTN ta riff, 2011 ........................................................ 209  
Table 3.3 Tax revenue by pr incipal source , 2005-2013  ........................................................ 213  
Table 3.4 Breakdown of losses attrib utable to exempt ions, 2006- 2012 .................................. 215  WT/TPR/S/285 • CONGO 
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  Table 3.5 Import controls, 2012 ....................................................................................... 216  
Table 3.6 Breakdown of applications by ye ar and type lodged with the Directorate, 
2006-2013 .................................................................................................................... 222  
Table 4.1 Parafiscal taxe s on fishin g, 2013  ........................................................................ 229  
Table 4.2 Trend in the production and expo rt of forest woods, 2006-2007 and 2010-2012 ........ 232  
Table 4.3 Power generation  in the Cong o in 2012 ............................................................... 236  
Table 4.4 Trend in flight and cargo movements in the Congo, 2006-2012 ............................... 240  
Table 4.5 Remuneration tabl e for the nati onal CAA ............................................................. 241  
Table 4.6 Trend in the numb er of MFEs, 2003-2010  ............................................................ 245  
Table 4.7 Structure in insura nce markets in the Congo ........................................................ 246  
 
APPENDIX – TABLES 
 Table A1. 1 Structure of  exports, 2007-20 10 ..................................................................... 249
 
Table A1. 2 Structure of  imports, 2007-20 10 ..................................................................... 250  
Table A1. 3 Destination of exports, 2007-2010 ................................................................... 251  
Table A1. 4 Origin of imports, 2007- 2010 .......................................................................... 252  
 
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  1  ECONOMIC ENVIRONMENT 
1.1  Main features of the economy 1.1.  With its abundant natural resources and wo rkforce, the Congo has significant potential for 
steady and rapid growth. The major challenge facing  the Government is to consolidate high growth 
of around 6% so that it can focus on better redistribution of wealth.
1 Since the previous review 
of the Congo's trade policy (TPR) in 2006, the Government has initiated a wide-ranging programme of structural reforms and enhanced governance to consolidate peace and promote 
the Congo's economic and social development.
2 Against that background, it drew up 
a Poverty Reduction Strategy Paper (PRSP) for the period 2008-2010. The strategy was formulated in anticipation of reaching the completion point of the HIPC Initiative, which occurred in
 January 2010; this relieved pressure on the Congo through the cancellation of a significant 
share of its external debt of around CFAF 3 billion, or approximately 32.4% of GDP. 
1.2.  The Congo's economy is heavily dependen t on the petroleum sector, which contributes 
on average over 60% to GDP and around 90% to export receipts. Agriculture is underdeveloped 
relative to the country's potential (5% of GDP on average). The manufacturing sector is 
in its infancy and accounts for around 10% of GDP because of supply-side constraints such as the poor state of transport infrastructure, the non- availability of inputs such as electricity, and 
a financial system that mainly focuses on import-export activity. Services account for 
around 24% of GDP (Table 1.1). The petroleum sector's dominance masks the relative importance of other activities in the Congolese economy, particularly in terms of employment and poverty reduction. For example, logging and agriculture in the Congo contributed only 1% and 5% 
to GDP respectively, yet these two sectors cu rrently employ over one third of workers. 
1.3.  In addition to its abundant natural resour ces and workforce, the Congo's other major asset 
in the subregion is the Pointe-Noire Autonomous Port (PAPN), a deep-water port from 
which hydrocarbons are shipped; the PAPN co uld in the future allow the Congo to play 
an important role in transit trade in the subregion. However, the infrastructure needed to take full advantage of the port; for example, the ro ad and rail networks – where they exist – are 
in a poor state. Upgrading these infrastructures is a pivotal component of State action, according 
to the Interim Poverty Reduction Strategy Paper (I-PRSP).
3 
1.4.  The Congo has achieved some significant results in the consolidation of peace and 
enhancement of participatory democracy as demonstrated for example by the peaceful nature 
of the last legislative and presidential elections and the establishment of a more serene political 
climate (Chapter 2). Survey results – especially  those of the Congolese Survey of Households 
(ECOM2-2011) – show that strong economic growth has had contrasting outcomes in terms 
of improved living standards for the country's population and reduction of poverty. By way 
of illustration, the economic position of hous eholds has improved and unemployment has fallen 
significantly from 19.4% in 2005 (ECOM1-2005) to 6.97% in 2011 (ECOM2-2011). However, 
the surveys also show that unemployment amon g young people aged 15 to 29 remains high 
(twice the national average) and that employment is still unstable, as shown by the high level of under-employment, especially among the young (almost 40%). The surveys also show that both 
access to and the quality of essential services are still well below the population's expectations and 
the Government's ambitions, especially with regard to health, water, sanitation, education 
and energy. 
1.5.  According to the Congolese authorities, one of the country's priorities is to address these 
major challenges by bringing about economic diversification to generate stable jobs and by 
improving productive and social services. Against that background, and buoyed by the significant 
achievements of recent years, the Government has decided to broaden and strengthen the 
strategic framework for combating poverty through a national development plan (PND) consistent 
with Enhanced Strategic Planning (ESP) and Results-Based Development Management (RBDM). 
                                               
1 The average figure; it is higher than the aver age for Sub-Saharan Africa, which is around 5%. 
2 National Development Plan of the Congo (PND Congo) 2012-2016 Summary: DSCERP 2012-2016. 
3 Republic of the Congo (2011a). WT/TPR/S/285 • CONGO 
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  1.6.  The place of the informal sector in economic activity in the Congo is not insignificant. 
According to the authorities, employment in the informal sector accounts for around 77% of total 
employment in the country and contributes between 30% and 35% to the country's GDP. 
Historically, this sector developed as a result of the unsatisfactory economic performance of the 
postcolonial State model, the mixed outcomes of the structural adjustment policies that succeeded 
it and finally the series of socio political cris es the country experienced, especially during 
the 1990s. It is also the result of over-rigid, le ngthy and bureaucratic official procedures that 
increase transaction costs; direct gains limited by transport costs (toll bridges, barges, taxis, etc.); 
unstructured ad hoc trade (cash transactions, no official accounting system); individualization (family trading, few cooperatives).  
1.7.  The Congo is a member of the Central African Monetary Union (UMAC), whose body 
of existing texts has been incorporated into the Central African Economic and Monetary 
Community (CEMAC) (common report, Chapters 1 and 2).  
Table 1.1 Selection of macr oeconomic indicators, 2005-2011  
 2005  2006  2007  2008  2009  2010  2011  
Miscellaneous a        
GDP at market prices (CFAF billion) 3,211  4,043  3,564  4,557  4,410 6,083 7,182  
GDP excluding petroleum and mining 1,151  1,269  1,392  1,530  1,672 1,839 2,072  
Petroleum GDP  2,060  2,774  2,172  3,027  2,738 4,243 5,110  
GDP at market prices (US$ billion) 6.1  7.7 7.4 10.2 9.3 12.3 15.2  
GDP excluding petroleum and mining 2.2 2.4 2.9 3.4 3.5 3.7 4.4 
Petroleum GDP  3.9  5.3 4.5 6.8 5.8 8.6 10.8  
GDP at market prices (€ billion) 4.9 6.2 5.4 7.0 6.7 9.3 10.9 
GDP excluding petroleum and mining 1.8  1.9 2.1 2.3 2.5 2.8 3.2  
Petroleum GDP  3.1 4.2 3.3 4.6 4.2 6.5 7.8 
Real rate of growth % a 7.7  6.2 -1.6 5.9 7.5 8.7 3.4  
Per capita GDP (US$) 1,723  2,131  1,993  2,653  2,369 3,038 3,677  
Per capita GDP (€) 1,385  1,698  1,457  1,812  1,706 2,293 2,644  
        
Shares of GDP at current prices a (percentage of GDP)  
Primary sector 68.7 72.6 65.8 70.6 66.6 73.4 74.6 
Agriculture, livestock, hunting and fishing 3.8  3.4 4.2 3.7 4.2 3.3 3.2  
Agriculture and livestock 3.1 2.7 3.4 3.0 3.5 2.8 2.6 
Hunting 0.3  0.3 0.3 0.3 0.3 0.2 0.2  
Fishing 0.5 0.4 0.4 0.4 0.4 0.3 0.3 
Forestry and logging 0.7  0.6 0.7 0.6 0.3 0.3 0.3  
Extractive industries  64.1 68.6 61.0 66.4 62.1 69.8 71.1 
Crude oil 64.1  68.6 61.0 66.4 62.1 69.8 71.1  
Other extractive industries 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Secondary sector 7.7  6.9 8.8 7.7 8.8 7.1 6.8  
Manufacturing industries  4.0 3.6 4.6 4.0 4.5 3.6 3.4 
Food manufacturing 3.2  2.8 3.6 3.0 3.4 2.6 2.5  
Other manufactur ing industries 0.8 0.8 0.9 0.9 1.2 0.9 0.9 
Electricity, gas and water supply 0.7  0.6 0.8 0.7 0.7 0.6 0.6  
Construction and public works 3.0 2.7 3.5 3.1 3.6 2.9 2.8 
Tertiary sector 21.5  18.8 23.2 19.9 22.6 17.9 17.0  
Transport and telecommunications 4.6 4.0 5.1 4.4 5.1 4.1 3.9 
Transport 3.1  2.8 3.5 3.2 3.7 2.9 2.9  
Telecommunications 1.4 1.2 1.5 1.3 1.4 1.1 1.1 
Commerce, restaurants and hotels 6.2  5.4 6.8 5.9 6.8 5.5 5.3  
Government authorities 5.0 4.3 5.1 4.2 4.7 3.7 3.3 
Other services 5.8  5.0 6.2 5.3 6.0 4.7 4.4  
GDP at factor cost 97.9 98.2 97.9 98.2 98.0 98.3 98.3 
Import duties and taxes 2.1  1.8 2.1 1.8 2.0 1.7 1.7  WT/TPR/S/285 • CONGO 
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   2005  2006  2007  2008  2009  2010  2011  
National accounts  
(current market prices) a (percentage of GDP)  
Gross domestic expenditure 62.0  61.8 79.9 59.9 73.8 64.9 58.5  
Consumption 37.4 33.1 39.3 34.4 48.9 43.0 36.1 
Public (State) 10.1  9.1 11.6 9.8 12.1 9.1 7.1  
Private 27.3 24.0 27.7 24.5 36.8 34.0 29.0 
Gross investment 24.5  28.7 40.6 25.5 24.9 21.8 22.4  
Gross fixed capital formation 24.1 28.5 40.0 25.3 24.6 21.8 22.4 
Public (State and government 
authorities) 4.6 5.9 7.8 6.7 10.6 9.0 11.3  
Private (businesses and 
households) 19.5 22.6 32.2 18.6 14.0 12.9 11.0 
Petroleum sector 15.7  20.1 28.7 14.2 10.1 8.9 7.3  
Mining sector 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Other sector (excluding 
petroleum and mining) 3.8 2.5 3.5 4.4 3.9 3.9 3.7  
Changes in inventories 0.4 0.2 0.6 0.3 0.2 0.0 0.0 
Net exports 38.0  38.2 20.1 40.1 26.2 35.1 41.5  
Exports of goods and non-factor 
services 79.2 79.3 79.9 98.4 96.2 96.6 90.9 
Goods 75.5  76.1 75.8 94.7 91.6 93.1 87.7  
Crude oil 69.0 70.2 68.3 89.6 86.8 88.5 83.5 
Other 6.5  5.9 7.4 5.1 4.8 4.7 4.2  
Non-factor services 3.6 3.2 4.1 3.6 4.6 3.5 3.2 
Imports of goods and non-factor 
services 41.2 41.2 59.8 58.3 70.0 61.5 49.4  
Goods 21.5 17.3 30.3 27.4 33.8 30.4 25.0 
Petroleum sector 4.7  3.9 11.2 10.3 8.9 8.7 7.0  
Other 16.8 13.4 19.1 17.1 24.8 21.7 17.9 
Non-factor services 19.7  23.9 29.5 30.9 36.2 31.1 24.4  
        
Public finances   (percentage of GDP)  
Revenue and grants  40.3 44.3 43.9 54.0 30.4 36.6 40.2 
Own revenue 39.5  44.3 43.9 54.0 30.0 36.6 39.8  
Petroleum revenue 32.6 37.9 36.0 46.5 21.2 28.9 31.8 
Taxes on petroleum companies 0.0  0.0 0.0 0.0 0.0 0.0 0.0  
Petroleum fee 3.5 15.1 3.8 4.9 2.1 9.3 8.1 
Petroleum bonuses 0.1  0.0 0.0 0.0 0.0 0.0 0.0  
Petroleum dividends  0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Production-sharing (Profit-Oil) 1.0  0.8 0.8 1.1 0.2 0.3 0.2  
Cargo 27.6 21.5 30.9 39.9 18.5 18.7 23.0 
Other (provision for investment) 0.4  0.5 0.5 0.6 0.4 0.6 0.5  
Non-oil revenue 6.9 6.5 7.8 7.6 8.8 7.7 8.0 
Tax revenue 6.6  6.2 7.4 6.7 8.1 7.3 7.7  
Taxes and charges (domestic) 5.2 4.8 5.9 5.3 6.5 6.0 6.2 
Direct 2.7  2.6 2.6 2.4 2.8 2.7 2.8  
Indirect 2.5 2.2 3.3 2.9 3.8 3.4 3.5 
Customs revenues 1.3  1.3 1.4 1.3 1.5 1.3 1.4  
Import duties and taxes 1.3 1.3 1.4 1.3 1.5 1.3 1.4 
Export duties and taxes 0.0  0.0 0.0 0.0 0.0 0.0 0.0  
Registration revenues 0.0 0.0 0.1 0.1 0.1 0.0 0.0 
Registration duties 
and charges 0.0 0.0 0.1 0.1 0.1 0.0 0.0  
Other combined taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Non-tax revenue 0.3  0.3 0.4 0.9 0.7 0.4 0.4  
Grants 0.8 0.0 0.0 0.0 0.3 0.0 0.4 
        
Expenditure and net lending 23.2 27.4 32.9 27.2 25.3 20.1 23.8 
Current expenditure 17.9  18.4 22.0 17.2 14.3 11.2 9.6  
Salaries and wages 4.0 3.3 4.0 3.6 4.0 3.0 2.9 
Other current expenditure (primary) 8.9  10.6 15.2 10.3 8.7 7.3 6.6  WT/TPR/S/285 • CONGO 
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   2005  2006  2007  2008  2009  2010  2011  
Interest due on public debt 4.9 4.4 2.8 3.3 1.7 1.0 0.1 
Domestic interest 0.9  0.7 0.5 0.2 0.2 0.0 0.0  
External interest 4.0 3.7 2.4 3.1 1.4 0.9 0.1 
Capital expenditure 5.3  8.9 10.9 10.0 11.0 9.0 14.2  
On domestic resources  4.8 8.7 10.4 8.6 10.6 8.5 11.4 
On external resources 0.5  0.2 0.4 1.4 0.4 0.5 2.8  
Net loans 0.0 0.1 0.0 0.0 0.0 0.0 0.0 
        
Overall balance (commitments-based, 
including grants) 17.1 17.0 11.0 26.9 5.0 16.5 16.4 
Overall balance (commitments-based, 
excluding grants) 16.3 17.0 11.0 26.9 4.7 16.5 16.0  
        
Prices and interest rates         
Inflation (CPI, % change) 3.1 6.5 2.7 7.3 5.3 5.0 1.3 
Discount rate (annual percentage) 5.5  5.3 5.3 4.8 4.3 4.0 4.0  
Interest rate (term deposit) 4.9 4.3 4.3 3.8 3.3 3.3 3.3 
Exchange rate        
CFA franc per U.S. dollar (annual average) 527.5  522.9  479.3  447.8  472.2 495.3 471.9  
Nominal effective exchange rate  
(2000 = 100)b 115.0  115.0  118.0  122.0  122.0 115.0 117.0  
Real effective exchange rate  
(2000 = 100)b 115.0  117.0  119.0  125.0  129.0 125.0 124.0  
        
External sector  (Percentage of GDP unless otherwise indicated)  
Current account balance 13.8  8.4 -15.9  4.8 -24.7 -12.6 -9.0  
External debt stock/GDP 110.7  84.8 104.4  58.2 59.1 .. .. 
Ratio of external debt service to exports of 
goods and non-factor services 16.0 13.7 11.3 8.0 5.3 .. ..  
Ratio of debt service to income 33.0 25.3 20.6 12.7 13.4 .. .. 
External reserves (in c. i.f. import months) 6.1  8.9 8.2 13.6 12.9 .. ..  
.. Not available. 
a Estimated using data for 2008-2011. 
b An increase indicates an appreciation. 
Source: Information provided by the Congolese authorities; BEAC, online information. Viewed at: 
http://www.beac.int/index.php/statistiques/; Worl d Bank, World Development Indicators. Viewed at: 
http://databank.worldbank.org/ddp/ home.do; IMF, International Fi nancial Statisti cs. Viewed at: 
http://elibrary-data.imf.org/; and IMF World Economic and Financial Survey, 
Regional Economic Outlook April 2012. 
1.2  Recent economic trends 
1.8.  Economic growth in the Congo is highly susceptible to fluctuations in the petroleum sector. 
However, the increasingly encouraging performance in the non-petroleum sector augurs well 
for economic diversification. Between 2008 an d 2011, the Congo experienced average annual 
growth of 7.0%, led by both the petroleum sect or (9.6%) and the non-petroleum sector, whose 
share is growing (4.0% in 2009, 6.4% in 2010 and 8.0% in 2011). The performance in 
the petroleum sector is the result of the rise in petroleum output, reflecting the performance of 
the fields at M'boundi, Nkossa Sud, Kombi, Li kalala, Loango and Zatchi, and the opening of 
the Moho Bilondo field, in a context of favourable movement in international prices of crude oil. 
In 2012, the country achieved record output of around 350,000 barrels/day.4 
1.9.  The performance of the non-petroleum sect or is also good and encouraging. Following 
a temporary dip in 2009 as a result of the global cr isis that particularly affected logging (-42.0%), 
the non-petroleum sector recovered with solid growth that rose from 4.0% in 2009 to almost 8.0% 
in 2011, according to estimates. These positive trends are the result of sustained growth in certain activities over recent years, especially telecommunications (10%), agriculture (3.9%), 
                                               
4 Online information from the General Directorate of  Treasury of the French Republic. Viewed at: 
http://www.tresor.econom ie.gouv.fr/pays/Congo. WT/TPR/S/285 • CONGO 
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  manufacturing industry (5.4%), and transport an d commerce (11.7%). They are evidence of the 
revitalization of economic activity in the non-petroleum sector and are undoubtedly the result of the structural reforms that have been undertaken together with the efforts made to strengthen 
economic infrastructures.
5 
1.10.  After growing at an average annual rate  of around 7% during the five years since 
the country's last TPR, the Congolese economy expanded by 3.8% in 2011, a rate that is markedly lower than the 8.7% recorded in 2010. This is the result of less activity in crude oil 
extraction following the fall in output. Output was 14.9 million tonnes in 2011 compared 
to 15.9 million tonnes the preceding year, a drop of 4.1%. By contrast, the agriculture, livestock and fisheries sector grew by 0.7 percentage poin ts reflecting the positive performance in food 
production resulting from agriculture support programmes (PNSA). The Congolese authorities have 
undertaken to provide greater support for the primary sector, principally agriculture and fishing, 
in conjunction with improving living standards fo r the country's population and combating poverty. 
The recovery in forestry and logging is still fragile. The 1.3 percentage point share 
of the secondary sector can be attributed to the po sitive trend in growth in the construction, public 
works and extractive industries. The tertiary sector performed well with a contribution of 2.4 points: the trends in commerce, restau rants and hotels were positive, and there was 
growth in the transport and telecommunica tions sectors (Table 1.2 and Chapter 4). 
1.11.  Therefore, in 2011 the Congolese economy developed in favourable conditions characterized 
chiefly by the rise in the prices of the country's  main raw material exports, especially crude oil 
and logs. The main features of the macroeconomic situation were a slow-down in growth and 
an improvement in the public accounts against a background where inflationist pressures were 
controlled. However, there were peaks and troughs in the external accounts. 
1.12.  Inflation was kept well under control an d the trends in its structural components are 
encouraging. Following the strong pressures generated by the rise in international food and 
petroleum prices in 2008 (6.3%), inflationary pressures receded considerably in 2009 (4.7%) before stabilizing at around 4% between 2010 and 2011. According to the authorities, 
this favourable trend is a combination of three factors. The imported component of inflation 
receded in 2010 and 2011 leading to lower growth in  the prices of food and petroleum products. 
Additionally, the structural component of inflation (factor and transaction costs) also fell as a result of the combined effects of structural reforms and the infrastructure enhancement programme, 
especially through the improvement in urban centres' supply routes for food products and 
progress in provision of electricity, resulting in a drop in commercial costs. Finally, the monetary component of inflation was controlled through the Community monetary policy (common report, 
Chapters 1 and 2) and the prudent budgetary po licy implemented by the authorities as part 
of the economic programme. The Government prev ented demand pressures by containing growth 
in overall expenditure as a result of the relative contraction in current expenditure to the benefit 
of investment, and saving a proportion of petroleum receipts through the establishment 
of reserves for the future (Fiscal Revenue Stabil ization Fund and Future Generations Fund lodged 
at the BEAC). The accumulation of further rese rves in the Fund would appear doubtful given 
the paucity of the country's basic infrastructure. 
1.13.  State revenue rose considerably as a result of the boom in global petroleum prices (in CFAF) 
since the last TPR in 2006, as well as the increase in petroleum production (Table 1.2); there was also a marked increase in non-petroleum revenue. The sharp reduction in the overall financial 
balance of commitments (excluding grants) reflected the rise in State revenue and 
the comparatively lower rise in expenditure. 
1.14.  Budgetary policy therefore consisted in re -establishing the balance in the public finances, 
focusing on improving non-petroleum revenue collection, and reducing the growth trajectory for 
current expenditure. This sound policy allowed increased expenditure on investment, while continuing to save a significant proportion of pe troleum revenue both for "financial stabilization" 
needs and to provide security for future generations in the event of a fall in petroleum resources in 
the long term.
6 The share of non-petroleum revenue rose  from 22.5% to 27.4% of non-petroleum 
GDP between 2008 and 2011. This made it possible to  stabilize or even to improve the overall 
balance (cash basis), which rose from a 4.1% deficit in GDP in 2008 to a 15.9% surplus in 2010; 
                                               
5 Republic of the Congo (2011b). 
6 Republic of the Congo (2011b). WT/TPR/S/285 • CONGO 
- 189 - 
  the surplus for 2011 is estimated at 14.3%. Debt fe ll considerably when the country achieved the 
completion point of the HIPC in January 2010: th e debt burden fell from 65.5% of GDP in 2008 
to 23% in 2011 and debt servicing fell from 5.2%  in 2008 to 3.4% of exports in 2010, thereby 
confirming the positive outlook for reducing the State debt (Table 2.1). 
1.15.  The Congo enjoys a trade surplus in foreign trade and balance of payments, chiefly a result 
of the favourable trend in world prices for crude oil and timber. According to the authorities, terms of trade remained positive (+22.1% in 2011 compar ed to 27.8% the previous year), as a result 
of the significant increase in export prices (+24% ) stemming from the increase in prices for crude 
oil and timber, whereas the rise in import prices was low (+1.6%). 
Table 1.2 Balance of payments, 2007-2012 
(CFAF billion) 
 2007  2008  2009  2010  2011  2012  
Current account balance -565.0  219.8  -1,091.3  -768.4 -645.1 -69.6  
External trade balance 1,614.6  2,594.4  1,444.9  1,814.1 2,211.3 3,207.5  
Exports (f.o.b.) 2,744.5  4,042.5  2,752.3  3,341.2 3,904.6 4,645.2  
Primary products 2,607.5  3,922.5  2,656.9  3,217.9 3,767.1 4,483.6  
Crude oil 2,479.3  3,810.1  2,567.6  3,097.2 3,636.1 4,347.6  
Manufactures 137.0  120.0  95.4 123.3 137.5 161.6  
Imports (f.o.b.) -1,129.9  -1,448.1  -1,307.4  -1,527.2 -1,693.3 -1,437.7  
       
Balance of non-factor services -1,314.7  -1,195.4  -992.2  -1,124.7 -1,157.0 -1,373.7  
Credits 124.9  142.5  153.7  186.7 224.9 215.4  
Debits -1,439.6  -1,337.9  -1,145.9  -1,311.5 -1,381.9 -1,589.1  
Freight and insurance (net) -187.7  -257.8  -230.2  -264.0 -295.9 -319.8  
Services provided or rece ived by government (net)  5.5 5.8 6.1 6.1 6.5 8.1  
Travel (net) -65.8  -74.2  -80.9  -66.9 -76.1 -82.4  
Other business services (net) -1,029.1  -827.8  -655.5  -758.2 -760.9 -925.4  
Other transport and insurance (net) -37.6  -41.4  -31.7  -41.7 -30.6 -54.2  
       
Balance on income -846.9  -1,158.2  -1,542.1  -1,444.1 -1,685.1 -1,888.1  
Credits 11.2  25.7 11.0 10.9 15.7 12.4  
Debits -858.0  -1,183.9  -1,553.0  -1,454.9 -1,700.9 -1,900.6  
       
Current transfer balance -18.1  -21.0  -2.0 -13.7 -14.3 -15.2  
       
Capital and financial operations account 826.1  762.5  1,263.2  1,487.2 1,653.4 1,487.4  
Capital account 15.2  18.0 84.0 87.1 100.1 131.0  
Financial account 810.9  744.5  1,179.2  1,400.1 1,553.3 1,356.4  
Direct investment 1,006.5  1,010.5  1,202.0  1,471.9 1,573.2 1,047.0  
Portfolio investment -0.7 -1.0 0.0 -0.6 -0.6 -0.6 
Other investment -195.0  -265.0  -22.8  -71.3 -19.3 310.1  
Errors and omissions -178.8  357.0  0.0 0.0 0.0 0.0 
Overall balance 82.2  1,339.2  171.8  718.8 1,008.3 1,417.8  
Finance -178.8  357.0  0.0 -718.8 -1,008.3 -1,417.8  
Source: Congolese authorities. 
1.3  Trade and investment performance 
1.16.  Asia (mainly China) continues to be one of the Congo's major trading partners. The volume 
of trade in goods has not grown a great deal during the period under review (Chart 1.2). 
1.17.  Hydrocarbons are still the predominant elem ent in the Congo's export structure, accounting 
for 87.5% of exports in 2007 and 67.7% in 2010 (C hart 1.1). The next most important export 
is timber, far behind hydrocarbons. The main destinations for the Congo's exports were the European Union (8.8% in 2007 and 21.4% in 2010); China (48% in 2007 and 20.9% in 2010), 
the United States of America (11% in 2007 and 10.4% in 2010); the Separate Customs Territory 
of Taiwan, Penghu, Kinmen and Matsu (7.4% in 2010); and Angola (13.1%) (Chart 1.2). WT/TPR/S/285 • CONGO 
- 190 - 
  1.18.  An analysis of the import structure highlights the relative diversification of products, with 
a large share of manufactures (86.6%), partic ularly machinery and transport equipment, 
as well as medicines and food products, as the Congo strongly depends on outside sources for these products (Chapter 4.2, Chart 1). The European Union is the Congo's leading supplier 
(31.6% of the total in 2010); other African countri es only provide a small share of the Congo's 
total imports (Chart 1.2). 
1.19.  The volume of foreign direct investment (FDI) has risen continually since the last TPR but its 
share in GDP has fallen markedly since 2008 (Table 1.3). 
Table 1.3 Trend in foreign direct investment in the Congo, 2006-2010
 
 2006  2007  2008 2009 2010  
FDI, net inflows (% of GDP) 19.2 31.4 20.9 2.1 2.8 
FDI, net inflows (BDP, US$ billion, current) 1.5 2.6 2.4 21.7 23.4 
Source: Information provided by the Congolese authorities. 
1.20.  According to the authorities, estimates put cr oss-border trade in the informal sector at 96%. 
Knowledge of its extent, its determinants and its consequences is inadequate, a fact that is not 
only conducive to under-estimates in figures ente red into the national accounts but also impedes 
formulation of appropriate economic policies an d strategies to exploit its potential impact 
on food security. Although the intra-Community institutional fabric was designed with a focus on 
governing formal trade, it is also the institut ional bedrock underpinning informal cross-border 
commercial transactions between the Congo and the other CEMAC countries. On that basis, the informal sector can be a factor in development, particularly in reducing poverty. WT/TPR/S/285 • CONGO 
- 191 - 
  Chart 1.1 Structure of trade in goods, 2007 and 2010 
(%) 
2007 2010
(a)    Exports (f.o.b.)
Agriculture  
2.1Fuels
67.7Other 
manufactures
2.3Machinery and 
transport 
equipment
27.9
Total:   US$6.3 billion Total:   US$6.9 billion
(b)    Imports (c.i.f.)
Agriculture  
6.1
Extractive 
industries
4.6Manufactures
89.2
Transport 
equipment
67.5Other
0.1
Electrical 
machinery
2.6Other 
manufactures
12.4
Non-electrical 
machinery     
6.7Manufactures
86.6
Agriculture  
7.4
Transport 
equipment
63.9Other 
manufactures
12.2
Other
0.1
Non-electrical 
machinery
7.7Electrical 
machinery
2.7Extractive 
industries
5.9
Total:   US$3.9 billion Total:   US$4.4 billionAgriculture 
3.3 Fuels
87.0Machinery and 
transport 
equipment
8.4
Other 
manufactures
1.3
 
Source: Secretariat calculations based on data from the UNSD Comtrade database (SITC Rev.3). WT/TPR/S/285 • CONGO 
- 192 - 
  Chart 1.2 Direction of trade in goods, 2007 and 2010 
(%) 
2007 2010
(a)    Exports (f.o.b.)
Other
5.6Europe
24.1Asia 
34.1
Other Europe
2.7Africa 
21.7
USA
10.4EU (27)
21.4America
14.5
Other America
4.2China
20.9
Other Asia
5.8Angola
13.1Other Africa
8.6
Chinese 
Taipei
7.4
Total:   US$6.3 billion Total:  US$6.9 billion
(b)    Imports (c.i.f.)
EU (27)
25.3Africa
60.4
China 1.9
Other
0.9Europe
28.7Other Europe
3.3Asia
6.1
Other Asia
1.8
America
4.0Singapore 2.3Angola
22.1Equatorial
Guinea
2.0Gabon
6.0
Other Africa
30.3
EU (27)
31.6China
3.5
Asia
15.8
Other
6.3Europe
32.3Africa
41.2
Other 
Europe
0.7
Other Asia
2.3
America
4.4Singapore
10.1Angola
15.0Equatorial
Guinea
6.2Gabon
4,7 Other Africa
15.3
Total:   US$3.9 billion Total:   US$4.4 billionEurope
10.0
Other Europe
1.2Africa
10.0
Other
0.9Asia 
61.0
Other Asia
9.2
EU (27)
8.8America
18.1
USA
11.0Other America
7.1China
43.0
Angola
5.3Other Africa
4.7Chinese 
Taipei
8.8
 
Source: WTO Secretariat calculations based on data  from the UNSD Comtrade database (SITC Rev.3). WT/TPR/S/285 • CONGO 
- 193 - 
  1.21.  Cross-border trade in the Congo essentially occurs in and around the four principal border 
areas listed below: 
 To the North: along the border with Cameroon (especially at Ouesso and 
Souanké); 
 To the West: along the border with Gabon (between Lékéti-Boundji and Ewo); 
 To the East: along the border with the Democratic Republic of the Congo (DRC) 
(along the Congo river between Mindouli and Ngabé); 
 The South: on two borders, one with Cabinda (at Nzassi) and one with Gabon 
(Ngongo). 
1.22.  This essentially informal trade involves many actors, especially women. The nature of 
the products traded varies depending on the border zone in question. 
1.23.  In the northern part of the Congo at the border with Cameroon, the products traded include 
both local (unprocessed) products (onion, haricot, potato, groundnut, bissap, etc.) and imported products (beers, rice, wine, flour, cement, sand als, used clothing, paint, hardware, etc.). 
1.24.  In the West of the country, especially the border with Gabon, the trade chiefly involves 
manufactures and agricultural products (imports) and agricultural and livestock products (exports). 
1.25.  In the South, especially Kouilou (at Nza ssi), on the border with Cabinda, the products 
exported are timber, medications, and food; and the products imported are cement, chickens, fish, meat and onion. 
1.26.  Finally in the East of the country, especially with the DRC (along the River Congo), 
many products are traded, including agricultur al products, pharmaceutical products, sheep 
and manufactures. The cross-border trade here is definitely the most dynamic in terms of actors 
and volume, even if in formal terms it is still regarded as insignificant. 
1.27.  In short, exports from the Congo's formal sector to other Sub-Saharan African countries 
currently account for only 3% of total exports. However, the country recognizes that its future 
prosperity will depend to a great extent on its capa city to exploit the potential inherent in informal 
trade at subregional level as it is today. 
1.4  Outlook 1.28.  Encouraged by the progress it has made, the Government has embarked upon 
a second stage in its programme, based on the new social plan, Le Chemin d'avenir 
(Road to the Future)  issued by the President of the Republic for his second seven-year term 
(2009-2016). The programme develops reforms to enhance governance, promote democracy and foster national unity. It implements major projects to propel economic and social advances 
with a view to the Congo reaching a new stage in development.  
1.29.   Indeed, as part of an ambitious strategy to diversify and industrialize its economy 
the Congo has just begun implementing a national development programme (PND) for 
the period 2012-2016. The strategy focuses on "activity clusters" and is structured chiefly around 
the development of seven principal areas of activity, namely: agriculture and agrifood; forestry and the timber industries; petroleum and hydrocarbons; mines; buildings and construction materials; tourism and hotels; and financial services. 
1.30.  In order to better channel FDI, the Congo also intends to establish four Special Economic 
Zones (ZES), which will specifically marry infrastructures and fiscal incentives. The ZES are as follows: the ZES for activities related to the petrochemical and mining industries (in Pointe-Noire); 
the ZES for transport and other services (finance, commerce, hotels) (in Brazzaville); the ZES for 
agriculture and the agrifood industry (in Oyo and Ollombo); and the ZES for forestry and ecotourism (in Ouesso). WT/TPR/S/285 • CONGO 
- 194 - 
  1.31.  The authorities anticipate that the econom y will continue to experience sustained growth 
(of between 5% and 10%) during the next five years,  driven by output recovery in the agricultural 
and manufacturing sectors, and by continued expa nsion in the petroleum sector. The vulnerability 
of the economy to external shocks is exacerbated by its high dependence on the petroleum sector 
where price fluctuations can undermine the comm ercial environment and threaten the outlook 
for economic growth. 
1.32.  The pursuit of a gradual recovery in the gl obal economy and a rally in the prices of the raw 
materials that the Congo exports should enhanc e the economy's growth prospects. Moreover, 
the strategic plan Le Chemin d'Avenir  nourishes the hopes for sustained economic development 
leading to a modernized, industrialized country driven by a revitalized, competitive private sector that generates employment and helps to reduce poverty. The various aspects of the plan, 
if achieved, would enable the Congo's economic base to diversify, and enhance its resilience 
to international demand and price shocks. 
1.33.  The Congo's macroeconomic outlook is good with projections for average growth of 
around 6% and average inflation of 3%  between 2013 and 2015 (Table 1.4). 
Table 1.4 Macroeconomic forecast followi ng implementation of the National 
Development Programme (PND), for the period 2013-2017  
 2013 2014 2015 2016 2017 
Growth rate 5.3% 5.4% 19.8%7 4.3% 5.8% 
Inflation 4.5% 3.0% 2.9% 2.8% 2.7% 
Fiscal balance (CFAF billion) 675 360 4 -62 -262 
Balance of payments (CFAF billion) 1,234 837 578 525 586 
Source: IMF Report on the Congo, N°12/283, October 2012. 
1.34.  Two types of major risks have been iden tified: exogenous and endogenous. The exogenous 
risks relate to the potential consequences of the spread to the Congo of the effects of the global 
economic crisis or a severe, sustained fall in petroleum prices. The risks are chiefly cyclical and can be contained because of the weak financial connection between the world and the 
Congolese economies and the reserve assets that the country has accumulated. 
1.35.  The endogenous risks are not cyclical and relate to uncertainties associated with 
the capacity of public expenditure, coupled with the structural reforms that the State is currently 
implementing, to ensure economic  growth and reduce poverty. In order to address these risks, 
the State is improving the quality of public  expenditure and enhancing governance and 
transparency in the public expenditure chain. 
 
                                               
7 Non-petroleum growth includes heavy investment in mining that the private sector is scheduled 
to begin in 2015. WT/TPR/S/285 • CONGO 
- 195 - 
  2  TRADE AND INVESTMENT REGIMES 
2.1  Overall framework 2.1.  Since its previous Trade Policy Review (TPR) in 2006, the Republic of the Congo has not 
made any significant changes to its general policy framework. In the past, the country has 
experienced several periods of political inst ability. The 2002 Constitution, the sixth since 
independence, continues to be in force in the country.
8 
2.2.  Under the 2002 Constitution, the President of the Republic is elected by direct universal 
suffrage for a term of seven years, renewable once. The President of the Republic is the Head of 
State, Head of the Executive Branch, Head of Government, Supreme Commander of the Armed Forces and President of the Judicial Service Co mmission. The President presides over the Council 
of Ministers, all appointed by him, whose responsi bilities are determined by presidential decree. 
The last presidential elections were held on 12 July  2009 and led to renewal of the term of office of 
the current President, in power from 1979 to 1992 and from 1997 to the present. 
2.3.  Parliament is bicameral and is composed of the National Assembly (137 members elected 
for five years by universal suffrage) and the Senate  (67 senators elected for six years by indirect 
suffrage; there are elections for one third of the seats in the Senate every three years). 
The last legislative elections were held in July 2012
9 and the elections to the Senate 
in October 2011. The right to initiate legislation is shared by the President of the Republic and 
the deputies. Once adopted by Parliament10, a draft law becomes law after it has been 
promulgated by the Head of State an d published in the Official Journal.11 
2.4.  The Constitution provides for the separation of powers.12 Executive power is vested in 
the President of the Republic and his Government; legislative power belongs to Parliament; 
and judicial power is exercised by the Supreme Co urt, the Courts of Appeal, Court of Auditors, 
and other national courts. The legal aspects of commercial matters are dealt with at national level, 
except where recourse is had to the OHADA Arbitration Act13, more specifically 
to the Common Court of Justice and Arbitration (CCJA) (common report, Chapter 2). At national level, arbitration is the responsibility of the Centre for Arbitration and Mediation of the Congo 
(CEMACO) established by the Government on 27 January 2012 sitting at the seat of 
the Chamber of Commerce, Industry, Agriculture and Trades at Brazzaville, with satellites at Pointe-Noire, Ouesso, and Dolisie.
14 
2.5.  In conformity with the Constitution, other institutions act in judicial matters, including 
the High Council of Freedom of Communication15, the High Court of Justice16, 
                                               
8 The first Constitution dates from 2 May 1961; the second, dating from 8 December 1963, was 
repealed and replaced by the " Acte fondamental " of 16 August 1968; the third, dating 
from 31 December 1969, was suspended by the " Acte fondamental " of 5 April 1977; the fourth dates 
from 8 July 1979; the fifth, dating from 15 March 1992, was suspended in 1998; the sixth Constitution (still in force) dates from 20 January 2002. 
9 The first round of voting took place on 15 July 2012 and the second on 29 July 2012. Viewed at: 
http://www.congo-site.com. 
10 According to Article 121 of the 2002 Constitution, draft laws are first examined by the first chamber 
seised with the text presented by the President of the Republic. One chamber, seised with a text voted by the other chamber, deliberates on the text before it. According to Article 124, draft laws are examined by the two chambers in succession with a view to the adopti on of an identical text; in the event of disagreement, 
the President of the Republic may convene a meeting of an equi-representational joint committee tasked with 
proposing a text on the provisions not yet agreed. 
11 Organic laws cannot be promulgated until they ha ve been declared to be in conformity with 
the Constitution by the Constitutional Court. 
12 Article 136 of the 2002 Constitution. 
13 OHADA's Uniform Arbitration Act was adopted on 11 July 1999 and entered into force 90 days after 
its adoption (Article 9 of the Harmonization Treaty). 
14 CEMACO's responsibilities consist chiefly in or ganizing and running the procedures for mediation 
and arbitration submitted to it, conduc ting training or providing assistan ce likely to encourage the promotion 
of a dispute-settlement culture in the Congo and contri buting to improving the business environment (Article 2 
of the CEMACO statute). Online information from the Revue congolaise de droit des affaires . Viewed at: 
http://www.cci ambrazza.com. 
15 Title XII of the 2002 Constitution. The Council is responsible for overseeing freedom of information 
and communication. WT/TPR/S/285 • CONGO 
- 196 - 
  the Constitutional Court17, the National Human Rights Commission18, the Economic and 
Social Council19, and the Mediator of the Republic.20 
2.6.  The President of the Republic (or his delegate) negotiates, signs and promulgates 
treaties and international agreements; where necessary, these are submitted to Parliament 
for ratification.21 The WTO Agreement entered into force in the Congo under this procedure. 
2.7.  The hierarchy of laws follows the monist system under which treaties and international 
agreements, once ratified, take precedence over laws, subject, with respect to each individual 
agreement or treaty, to its being applied by the other party, except in the case of human rights 
treaties. Treaties and international agreements are directly applicable as law in the Congo and enforceable ipso jure . Consequently, the WTO Agreements may be invoked directly in the national 
courts, although hitherto this has not happened. After treaties, international agreements and 
the Constitution come laws, decrees and orders, in descending order. 
2.8.  The formulation, implementation and asse ssment of trade policy are the responsibility 
of the Ministry of Trade and Supply. That Ministry deals with issues relating to the Congo's 
participation in the WTO and in regional, subregional and bilateral trade mechanisms. A ministry 
representative acts as the Executive Secretariat of the National Trade Negotiations Monitoring and Coordination Committee, including multilateral negotiations.
22 The Ministry has undergone 
two successive restructuring exercises leading to the former Directorate-General of Trade being 
broken up into three different Directorates-General, namely the Directorate-General of External Trade, the Directorate-General of  Domestic Trade, and the Directorate-General 
of Competition and Suppression of Commercial Fraud. A degree of confusion has ensued. 
For example, aspects of external trade, in particul ar import-related matters, fall within the remit 
of the Directorate-General of Domestic Trade inst ead of the Directorate-General of External Trade 
in line with a rationale that is not altogether clear. The splitting of this important Ministerial 
department, together with the lack of an obvious basis for the attribution of its functions to 
the resulting Directorates-General, undermines the effectiveness of coordination between these bodies and gives rise to jurisdictional disputes and substantial additional costs to 
the country. 
2.9.  Other ministries are involved in drafting  and implementing trade policy, in particular 
the Ministries with responsibility for the economy, finance, planning, foreign affairs, international cooperation, agriculture, tourism, transport and justice. The private sector 
(in this case the Chamber of Commerce, Industry, Agriculture and Trades (CCIAM))
23; 
the Employers' and Inter-Professional Union of the Congo (UNICONGO), one of the leading employers' associations in the country; the Co ngolese Shippers Council (CCC) (Chapter 3); 
consumer associations; civil society; and NGOs are involved in the process and participate 
                                                                                                                                               
16 Title X of the 2002 Constitution. The High Cour t is responsible for judging the President of 
the Republic, ministers, deputies and members of the Supreme Court and the Constitutional Court. 
17 Title IX of the 2002 Constitution. The Constitu tional Court is responsible for monitoring 
the constitutionality of laws, treaties and international agreements and the validity of parliamentary elections. Rulings by the Constitutional Court ma y not be appealed and are binding on  the public authorities and on all 
administrative and ju dicial authorities. 
18 Title XIV of the 2002 Constitution. The Commission is a body that monitors and promotes human 
rights. 
19 Title XI of the 2002 Constitution. The Economic and Social Council is a consultative assembly which 
advises on all draft laws, programmes and development plans of an economic nature, with the exception of the State budget; the Council may be consulted on any dr aft treaty or international agreement of an economic 
nature. 
20 The Mediator of the Republic is an independent authority responsible for simplifying and humanizing 
the relations between government and governed (Article 163 of the 2002 Constitution). 
21 Title XVII of the 2002 Constitution. The Constitutional  Court rules on the constitutionality of treaties 
and agreements. When the Constitutional Court has ruled that an international commitment contains a clause that is contrary to the Constitution, ratification or approval cannot be authorized until the Constitution has 
been amended. 
22 Decree No. 2003-48 of 20 March 2003. 
23 Decree No. 95-245 of 4 December 1995. WT/TPR/S/285 • CONGO 
- 197 - 
  in the National Trade and Multilateral Negotiations Monitoring and Coordination Committee.24 Apart 
from the legislature25 there is no national body responsible for evaluating the Congo's trade policy. 
2.10.  The rules on the following fields are to be found in law: commerce, 
privatization/nationalization of enterprises; status of foreigners and immigration; tax base, rates 
and modalities of collecting taxes of all kinds; and the fundamental principles of civil and 
commercial rights and obligations. The principal legal instruments relating to trade are set out 
in Table 2.1. 
Table 2.1 Principal trade-related laws and regulations of the Congo, March 2013  
Field Instrument/Text 
Customs legislation CEMAC Customs Code 
Customs Tariff 2012 
Status of trader Uniform Act on General Commercial Law adopted on 
15 December 2010 at Lomé; OHADA Official Journal26 
Law No. 041/2012 of 29 December 2012 enacting the 
2013 Finance Law 
Law No. 36-2011 of 29 December 2011 enacting the 
2012 Finance Law 
Law No. 19-2005 of 24 November 2005 regulating the 
status of trader 
Decree No. 2008-447 of 15 November 2008 laying 
down the conditions for amendment, extension and 
transfer of commercial activities and the amount of 
statutory charges 
Decree No. 95-193 of 18 October 1995 on the 
Business Formalities Centre (CFE) as a Single Window 
Decree No. 95-96 of 29 May 1995 establishes the 
charges for administrative formalities at the single 
windows 
Imports, exports and re-exports Law No. 03-2007 of 24 January 2007 regulating 
importation, exportation and re-exportation 
Law No. 23-2005 of 30 December 2005 establishing 
the Congolese Foreign Trade Centre 
Decree No. 2004-471 of 17 November 2004 laying 
down the terms for the impo rtation of iodized salt 
Order No. 1033/MTMMM of 14 May 2008 on the ECTN Order No. 6384/MEFB of 31 December 2002.  
Order No. 486 of 20 September 1998 regulating certificates of origin 
Customs valuation Decree No. 2001-387 of 31 July 2001 
Preshipment inspection Decree No. 99-167 of 23 August 1999  
Decree No. 95-147 of 8 August 1995  
Value Added Tax, excise duties, and customs border 
levies General Tax Code 
Order No. 5808/MEFB-CAB of 20 September 2005 
Order No. 2731/MEFE/MEFB of 17 March 2004 
Order No. 6383/MEFB of 31 December 2002 
Order No. 6387/MEFB of 31 December 2002 
Order No. 0601/MF/DGCRF of 19 January 1982 
Import prohibitions and licences Decree No. 2001-524 of 19 October 2001 on the 
prohibition regime 
                                               
24 Decree No. 2003-48 of 20 March 2003. 
25 Under Article 89(2) of the 2002 Constitution, Parliament exercises legislative power and oversees the 
action of the Executive. 
26 Online information. Viewed at: http://w ww.droit-afrique.com/im ages/textes/Ohada/ 
AU/OHADA%20-%20AU%20Droit%20 commercial.pdf. WT/TPR/S/285 • CONGO 
- 198 - 
  Field Instrument/Text 
Sanitary and phytosanitary measures: 
 Human health and phytosanitary measures 
 Animal health Laws No. 6-94 and No. 7-94 of 1 June 1994 
Law No. 17/1967 of 30 November 1967 on the 
penalties associated with the infringements laid down 
in the decree 
Draft law establishing the Congolese Standardization 
and Quality Agency 
Draft decree approving the statute of the Congolese 
Standardization and Quality Agency 
Draft law establishing the national standardization 
system 
Draft law on metrology 
Decree No. 2005-517 of 26 October 2005 establishing 
a microbiological and chemical analysis laboratory 
Decree No. 2001-524 of 19 October 2001 prohibiting 
the import of certain food products of animal origin 
Decree No. 67/182 of 17 July 1967 on the animal 
health inspectorate 
Order No. 3401 of 23 June 1976 
Order No. 4646/BE 47-14 of 16 December 1968 on 
the importation of live animals 
Order No. 4645/BE 47-14 of 16 December 1968 on 
the movement of cattle on Congolese territory 
Order No 1778 of 8 June 1940 regulating the health 
inspection of markets and es tablishments for trade in 
and processing of products of animal origin 
Ordinance No. 63-18 of 26 November 1963 
establishing controls on products intended as cattle 
feed 
Investment Law of 22 August 2012 on the establishment, powers 
and composition of the Investment Promotion Agency 
Draft law of 25 June 2012 establishing a Public Body 
for the Promotion of Private Investment 
Law No. 6-2003 of 18 January 2003 Law No. 7-96 of 6 March 1996 amending certain 
provisions of Law No. 008-92 of 10 April 1992 on the Investment Code 
Law No. 008-92 of 10 April 1992 enacting the 
Investment Code 
Decree No. 2004-30 of 18 February 2004 establishing 
formalities for authorizing enterprises to be eligible under the Investment Charter 
Decree No. 2003-57 of 22 April 2003 on the 
establishment, powers and composition of the 
National Investment Commission 
Decree No. 94-568 of 10 October 1994, as amended 
by Decree No. 95-183 of 18 October 1995 
establishing the Business Formalities Centre  
Procedures and regulations for the establishment of 
private commercial enterprises Seven uniform acts of the Organization for the 
Harmonization of African Business Law (OHADA) 
Decree No. 2011-258 of 25 March 2011 on the 
establishment, powers and organization of the High 
Council for Public-Private Dialogue27 (HDCPP decree) 
Protection of patents, industrial designs and 
trademarks, new plant varieties Bangui Agreement (1999) – Law No. 7-2001 of 
19 October 2001 
Protection of copyrigh t and related rights Law No. 24/82 of 7 July 1982 
Decree No. 86/813 of 11 June 1986. 
Competition and prices Law No. 6-94 of 1 June 1994 
Law No. 7-94 of 1 June 1994 on the trade regime Law No. 5-94 of 1 June 1994, as supplemented by Circular Note No. 16/MCAPME/CAB of 23 August 2000 on the price regime  and type-approval 
                                               
27 Online information. Viewed at: https://www.wbginvestmentclimate.org/toolkits/health-in-africa-
policy-toolkit/upload/DECRET-HCDPP.pdf. WT/TPR/S/285 • CONGO 
- 199 - 
  Field Instrument/Text 
Privatization of State-owned enterprises Law No. 21-94 of 10 August 1994 enacting the 
Framework Law on privatization 
Government procurement Decree No. 2009-156 of 20 May 2009 enacting the 
Government Procurement Code28 
Decree No. 02/329 of 22 April 1982 
Agriculture Law 25-2008 of 22 September 2008 on the 
agricultural land ownership regime 
Law No. 24-2008 on the land ownership regime in 
urban areas 
Law No. 22-2005 of 28 December 2005 establishing 
the administrative suppo rt body known as the 
Agriculture Support Fund 
Law No. 11-2004 on the procedure for expropriation 
on grounds of public purpose 
Law No. 9-2004 of 26 March 2004 enacting the Code 
on State Ownership 
Order No. 6967 of 22 September 2010 on the 
establishment, powers and or ganization of the Project 
to support the marketing of  agricultural products 
Forestry Law No. 16-2000 of 20 November 2000 
Law No. 03-91 of 23 April 1991 on environmental 
protection 
Law No. 48-83 of 21 April 1983 determining the 
conditions for the conservation and exploitation of wild fauna Law No. 52-83 of 21 April 1983 containing the Code on State Land and Property Decree No. 2002-437 of 31 December 2002  
Fisheries Law No. 3-2010 of 14 June on the organization of 
coastal fishing and aquaculture 
Law No. 2-2000 of 1 February 2000 
Decree No. 2012-175 of 12 March 2012 on the 
restructuring and operation of the Fisheries 
Development Fund 
Decree No. 2012-174 of 12 March 2012 on the status 
of observer on board a fishing vessel 
Decree No. 2012-173 of 12 March 2012 establishing 
the composition and operation of the Consultative 
Committee on Fishin g and Aquaculture 
Decree No. 2011-320 
Decree No. 2011-319 of 26 April 2011 establishing 
the procedures for the conduct of technical visits to 
fishing vessels in waters und er Congolese jurisdiction 
Decree No. 2011-318 
Decree No. 2011-317 of 26 April 2011 laying down 
the conditions for the pursuit of professional 
small-scale marine fishing 
Decree No. 2009-33 of 6 February 2009 laying down 
provisions on the mesh-size of nets and maritime 
fishing gear 
Decree No. 2005-517 of 26 October 2005 on the 
establishment, powers an d organization of the 
microbiological and chemical analysis laboratories for 
fishery products 
Order No. 2660/MPA-CAB of 1 March 2011, 
incorporating the fishing and aquaculture industries 
into the remit of the Ministry of Fisheries and 
Aquaculture 
Orders Nos. 9102 MPA-CAB and 5060 MPA/MDMM 
                                               
28 Online information from the Government Proc urement Regulatory Authority. Viewed at: 
http://www.armpcongo.org/Decret-n-2009-156-PR_a34.html. WT/TPR/S/285 • CONGO 
- 200 - 
  Field Instrument/Text 
Mining Law No. 14-2010 codifies the potash mining 
investment agreement between the Government and MagMinerals Potasses Congo SA 
Law No. 4-2005 of 11 April 2005 Decree No. 2008-336 of 22 September 2008, 
establishing the Permanent Secretariat of the Kimberley Process 
Decree No. 2008-337 of 22 September 2008, 
establishing procedures for implementing the Kimberley Process Certification Scheme 
Decree No. 2007-274 adopted on 21 May 2007 laying 
down the conditions governing prospecting, exploration and exploitation of mineral substances and administrative supervision 
Order supplementing Decree 2007-247 of 
21 May 2007, on the implementation of the Kimberley Process Certification Scheme 
Hydrocarbons Law No. 31-2006 of 12 October 2006 establishing the 
Downstream Petroleu m Regulatory Body 
Law No. 3-2000 of 1 February 2000 on subcontracting 
in the sector 
Law No. 24-94 of 23 August 1994 
Decree No. 2008-15 of 11 December 2008 laying 
down the procedures for the allocation of mining titles 
for liquid and gaseous hydrocarbons 
Decree No. 2005-83 of 28 December 2005 
determining the eligibility requirements for approvals 
Decree No. 2002-265 of 1 August 2002 
Decree No. 2002-260 of 1 August 2002 
identifying the enterprises authorized to market and 
supply petroleum products 
Decree No. 2001-522 of 19 October 2001 determining 
the specific VAT-exemption regime for oil companies 
in respect of goods (whether imported or of domestic 
origin) 
Order No. 1/MHC/MEFB/MCCA of 14 January 2008 
revising the price of petr oleum products covered by 
the price structure 
Order No. 1214 of 19 March 2001 
Electricity Law No. 14-2003 of 10 April 2003 
Law No. 015-2003 establishing the National Rural 
Electricity Agency 
Law No. 016-2003 of 10 April 2003 establishing the 
Electricity Regulatory Agency 
Law No. 017-2003 of 10 April 2003 establishing the 
Electricity Development Fund 
Order No. 681 of 19 March 1994 determining the 
price scale  
Water Law No. 38-2008 of 31 December 2008 establishing 
the National Rural Water Engineering Service 
Law No. 14-2003 of 10 April 2003 
Decree No. 2008-66 of 3 April 2008, determining the 
composition and rules of procedure of the Water 
Regulatory Authority 
Transportation Law No. 18/89 of 31 October 1989 defines road 
transport activities Decree No. 2011-491 of 29 July 2011 governing access to and pursuit of the profession of road haulage operator and professions associated with motor transport Decree No. 90/135 of 31 March 1990 governing access to the road haulier profession Order No. 1567 of 29 May 2000. Order No. 1134 of 24 May 1990 WT/TPR/S/285 • CONGO 
- 201 - 
  Field Instrument/Text 
Telecommunications an d postal services Law No. 11-2009 of 25 November 2009 establishing 
the Posts and Electronic Co mmunications Regulatory 
Agency 
Law No. 10-2009 of 25 November 2009 establishing 
the Directorate-General of Posts and 
Telecommunications 
Law No. 9-2009 of 25 November 2009 governing the 
electronic communications sector 
Law No. 14-97 of 26 May 1997 (opening up to 
competition) 
Decree No. 2009-476 of 24 December 2009 
restructuring the Mi nistry of Posts, 
Telecommunications and New Communications 
Technologies 
Decree No. 2005-648 of 5 December 2005 
Decree No. 2003-169 of 8 August 2003 
Decree No. 99-188 of 29 October 1999 
Decree No. 84/078 of 19 January 1984. 
Order No. 2711/MPTNCTC/MEFB of 7 March 2005 
Ordinance No 11 of 7 January 2007 
Ordinances Nos. 8-2001, 10-2001 and 11-2001 of 
1 July 2001 
Tourism establishments 
Tourist agencies Decree No. 84-078 of 19 January 1984 
Decree No. 83-853 of 22 November 1983 
Order No. 2710/MCAT-CAB of 26 March 2004 on the 
classification of hotels 
Banking services Bank of Central African States (BEAC) and Central 
African Monetary Union provisions 
Ordinance No. 10-2001 of 1 July 2001 
Insurance Insurance Code of the Inter-African Conference on 
Insurance Markets (CIMA) 
Decree No. 70/203 of 12 June 1970 
Decree No. 85/755 of 1 June 1985 Order No. 6998/MEF-CAB determining the minimum and maximum rates of pay for authorized insurance brokerage companies and insurance brokers Order No. 1838/MEFB-CAB of 24 December 1999 Ordinance No. 28/71 of 30 September 1971 
Source: Congolese authorities. 
2.11.  Since the entry into force of the Treaty on the Harmonization of Business Law in Africa 
(OHADA) in 1995, the various OHADA Uniform Acts have in principle constituted the legal framework for business (common report, Chapter 2).
29 In reality the process of aligning national 
laws with those provisions has not yet been completed. The Uniform Acts contain many provisions 
that make reference to rules of national law,  such as referral to "the competent court". 
The provisions must be supplemented in the fields of criminal law, civil procedure and organization 
of the courts by domestic legal or regulatory prov isions so as to prevent to the extent possible any 
difficulty in application or conflict of jurisdiction. Consequently the Congo envisages the adoption 
of draft laws designating the competent courts and the procedures that apply under each of the uniform acts. The draft laws are likely to be accompanied by a circular on the application 
in Congolese law of the OHADA Uniform Acts. 
2.12.  The country rejoined the Kimberley Process in 2007 and began implementing it by 
adopting the following texts: Decree No. 2008-336 of 22 September 2008 establishing 
the Permanent Secretariat of the Kimberle y Process and designating its members; 
Decree No. 2008-337 of 22 September 2008 establishing procedures for implementing the Kimberley Process Certification Scheme; and the Order supplementing certain provisions contained in Decree No. 2007-247 of 21 May 2007,  with a view to the implementation of 
                                               
29 The revised OHADA Treaty was ratified in 2009. WT/TPR/S/285 • CONGO 
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  the Kimberley Process Certification Scheme.30 The Congo has also signed the Extractive Industries 
Transparency Initiative (EITI) and achieved "compliant country" status in March 2013.31 
2.2  Trade policy objectives 2.13.  The country's trade policy is based on regulations established at supranational level – the 
result of multilateral, regional and subregional integration – and national regulations, which 
complement the supranational provisions and deal with all the aspects that lie outside their scope (common report, Chapter 2). This quest for integration is an effort by the Congo to achieve its 
ultimate trade policy objective, namely poverty reduction, through further liberalization of the 
trade regime; diversification of exports; accelerating the privatization programme and sectoral reforms (agriculture, mining, services and industry); and trade facilitation.
32 The primary aim 
of some of these initiatives is to improve the competitiveness of local goods and services in order 
to foster growth and reduce poverty. 
2.14.  The planned actions should be part of  the general framework of the social project 
Le Chemin d'avenir33, presented by the President of the Republic in July 2009 during 
the presidential elections. Le Chemin d'avenir  is a continuation of La Nouvelle espérance , 
the first social project proposed by the Presiden t in 2002. According to the Congolese authorities, 
the new project adds a new focus and has two principal objectives: to modernize and industrialize 
the country by developing a revitalized, comp etitive private sector capable of generating 
employment and helping to reduce poverty.34 
2.3  Trade agreements and arrangements 2.3.1  World Trade Organization 
2.15.  The Congo is an original Member of the WTO (common report, Chapter 2).
35 Between 2010 
and 2012 it was affected by "administrative measures" on sanctions against countries that have accumulated arrears in their contributions, a factor that has limited the Congo's 
participation in WTO decision-making bodies.
36 Because of the limited human resources at 
the Permanent Mission of the Congo in Geneva, the country is not a regular participant in activities organized by the WTO. Between 2006 and 2012, Congolese officials participated in 85 activities 
(all categories combined) held in the field of trade-related technical assistance; 70 of those 
activities were organized by the WTO.
37 The highest level of participation was in 2010 
(35 activities). Trade-related training programmes and trade facilitation activities are the most popular (attendance at 30 and 20 such events re spectively). Several of the country's senior 
officials also take the WTO online courses. 
2.16.   The Congo experiences major problems in connection with its WTO notifications. With only 
five notifications to its name since its accession to the WTO, the Republic of the Congo has 
the lowest rate of notification of all CEMAC members (common report, Chapter 2). Consequently, 
the Congo's trade policy remains something of an unknown quantity to WTO Members. Technical assistance is requested in order to enable the country to fulfil its notification obligations. 
2.17.  According to the authorities, the issues of greatest concern in the Congo in terms of 
implementation of the Agreements are those relating to technical barriers to trade (TBT), import 
                                               
30 PRSP Completion Report 2008-2011. 
31 An independent group collects and publishes data on the fiscal revenues that the State declares it has 
received from businesses in the sector alongside the pa yments that those businesses say they have made to 
the State. The reports published hitherto cover revenues for the years 2006 to 2010. The reports are published in the website: http://www.itie-congo.org. 
32 Congo National Development Plan (PND) 2012-2016. 
33 Republic of the Congo (2010a). 
34 Congo National Development Plan (PND) 2012-2016. 
35 The Congo inherited the status of contra cting party on 3 May 1963 (Article XXVI:5(c) 
of the GATT 1994) after applying the GATT de facto as from 15 August 1960. It ratified 
the Marrakesh Agreements on 27 March 1997. 
36 In 2010, the Congo accepted a payment plan that rescheduled its arrears over several years. 
WTO (2011). 
37 Online information from the Global Trade-Related Technical Assistance Database (GTAD). Viewed at: 
http://gtad.wto.org/index.as px?lg=fr [27 February 2013]. WT/TPR/S/285 • CONGO 
- 203 - 
  licences and prohibitions, sanitary and phytosanitary measures (SPS), and copyright and related 
rights. The Congo's technical assistance needs also include the harmonization of its laws and regulations with WTO rules and principles; staff training and institutional capacity building; and/or the formulation of policies that make it possible to enhance the benefits and minimize the potential 
costs associated with the implementation of the Agreements. 
2.18.  The Congo would like some capacity buildin g to bring its sanitary and phytosanitary (SPS) 
measures regime into line with the relevant WTO provisions. The Congo intends to establish 
a national framework for standardization and a quality control system to improve access 
to regional and international markets for its exports. It would also appreciate receiving technical assistance from the WTO for this purpose. 
2.3.2  Relations with the European Union (EU) 
2.19.  The European Union is the Congo's chief trading partner, in terms of both imports and 
exports of goods and services (Chapter 1). Along with the other CEMAC countries, the Congo is participating in the negotiation of the Economic Partnership Agreement (EPA) between 
the ACP States and the European Union within  the CEMAC framework extended to include 
Sao Tome and Principe and the Democratic Republic of the Congo (common report, Chapter 2). 
2.3.3  Other agreements and arrangements 
2.20.  The Congo benefits from the trade preferences of other developed countries in accordance 
with their national preference schemes, includ ing the Generalised System of Preferences. 
Since 2004 it has been eligible for the Africa Growth and Opportunity Act (AGOA). It is a member of the following regional and subregional organizations: the African Union 
(and the Economic Commission for Africa), the Economic Community of Central African States 
(ECCAS) and CEMAC (common report, Chapter 2). The Congo has also concluded framework trade facilitation agreements with several countries. 
2.4  Investment regime 
2.21.  Adopted in 2003, the Investment Charter of the Congo is the principal regulatory framework 
for investment. As is the case for all the ot her members of CEMAC, the Charter transposes 
Community provisions on investment into national law (common report, Chapter 2). The national 
charter is supplemented by regulations adopted at the beginning of 2004 and defining, in particular: the eligibility conditions and criteria; the regimes; the approval procedure, the approval authority and the obligations incumbent upon approved enterprises, infringements, 
penalties, miscellaneous provisions, and other practical information.
38 
2.22.  The formulation of national investment po licy is a matter for the Ministry responsible for 
planning (Ministry of the Economy, Finance, Planning, the Public Portfolio and Integration). 
The National Investment Commission (CNI) is responsible for implementing government 
investment policy and following it up with the approved enterprises and the national authorities involved in the relevant incentives.
39 The CNI meets four times a year in ordinary session 
but extraordinary sessions may be convened at the initiative of its chairman. 
2.23.  The Investment Charter applies to all enterp rises seeking to develop an economic activity in 
the Congo, with the exception of activities su ch as brokering, dealing, arms importing and 
manufacturing, and the importing or processing of  toxic waste and the like; moreover, there are 
specific regulatory frameworks for mining, logging and oil companies (Chapter 4). Although 
commerce is, in principle, an activity excluded fr om the ambit of the Charter, the Charter applies 
by way of exception to commercial activities associated with the collection, storage, distribution 
and export of locally manufactured products (oth er than alcoholic beverages and tobacco) with 
a view to promoting exports of local manufactures. Other activities are not open to private investment, however, including the sugar indust ry (Chapter 4.2), certain petroleum-related 
activities (Chapter 4.3) and goods or services su pplied under a State monopoly (water, electricity, 
                                               
38 Decree No. 2004-30 of 18 February 2004. 
39 Decree No. 2003-57 of 22 April 2003. Monitoring is  based on physical in spections and audits 
of enterprises approved under the Charter. See National Investment Commission (2005). WT/TPR/S/285 • CONGO 
- 204 - 
  postal services and fixed telecommunications) (Chapters 3 and 4). Moreover, on-the-shelf retail 
trading, bread-making and urban transport activities are reserved for Congolese nationals.40 
2.24.   In addition to various guarantees (including non-discrimination, free movement and free 
transfer of revenue), newly formed companies oper ating in one of the eligible sectors can benefit 
from the customs, fiscal and land ownership measures provided for at Community level 
(common report, Chapter 3), including: (i) exempt ion from profits tax during a company's first 
three years of operation; (ii) the option to impl ement degressive or accelerated amortization and, 
during the first years of operation, authorization to carry losses over to subsequent years; 
(iii) companies with subsidiaries may deduct the income from shares or ownership interests in those subsidiaries from their taxable profits; and (iv) tax reduction measures when profits are reinvested. 
2.25.  Other measures are available as a result of applying the provisions of the OHADA revised 
Uniform Act on general commercial law. They include abolition of publication fees upon formation of a company (a simple notification to the Commercial Court or on the website of 
the Business Formalities Centre and its single window facility now suffice) and the submission of 
a declaration upon honour instead of an extract from the police record (common report, Chapter 2). 
2.26.  Enterprises that meet the eligibility conditions
41can submit their applications to the CNI for 
approval under the general G regime or the special S regime42; specific supplementary criteria 
apply to forestry companies holding an exploitation permit43, as well as to commercial enterprises 
that collect, store, distribute and export locally manufactured products (apart from alcoholic 
beverages and tobacco).44 The special S regime is specifically intended to facilitate 
the establishment of SME/SMIs; to this end, ad vantages additional to those available under 
the G regime are granted, even though the minimum amount of investment required is 
less (Table 2.2). 
2.27.  Since the previous review the number of approvals, the total amount invested by regime 
and by sector, the total number of eligible projects submitted, accepted for processing and 
approved, and the number of potential and actual  jobs created has zigzagged but the underlying 
trend has been upward. There has been signif icant growth in terms of volume and number 
(Tables 2.3 and 2.4). 
                                               
40 Law No. 19-2005 of 24 November 2005. 
41 According to Articles 5 and 6 of Decree No. 2004-30 of 18 February 2004, the conditions are: 
enrolment in the commercial register; creation of perm anent jobs providing at least 280 days of employment 
per year; share capital equal to at least 20% of inve stment; for industrial busi nesses, use of local raw 
materials necessary for the manufactur e of the finished or semi-finished product, on the same conditions 
of price, quality and de livery as offered by foreign su ppliers, in the case of indust rial enterprises; for service 
businesses, greater recourse to local services, on the same  conditions of quality, pr ice and delivery as offered 
by foreign enterprises, in the case of service enterpri ses; registration with the National Social Security 
Fund (CNSS); the opening of an account with a bank or other duly established financial savings and loans institution; priority for local labour with the same level of skills as foreign labour. Any new activity involving a separate production unit whose acco unts are separate from those of the parent company can benefit, on the 
same terms as the latter, from the advantag es conferred by the Investment Charter. 
42 The preferential development zone regime was not available in 2006; it is expected that a regulatory 
framework will be adopted in time for the launch of the free zone activities. 
43 The criteria additional to those of Articles 5 and 6 of Decree No. 2004-30 of 18 February 2004 are: 
new investment involving the establishment of a new logg ing unit and/or a new factory; creation of new jobs 
for this new unit; and separate accounts. 
44 The criteria additional to those of Articles 5 and 6 of Decree No. 2004-30 of 18 February 2004 are: 
investment, in particular in the construction of a ppropriate warehouses and th e purchase of new means 
of transport suitable for product collection and dist ribution; and an assurance that, during the term of 
approval, 80% of the activity will involve only loca l products, but not alcoholi c beverages or tobacco. WT/TPR/S/285 • CONGO 
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  Table 2.2 Investment Code – bene fits under preferential regimesa 
 General G regime  Special S regime  
Specific criteria Investment of at least 
CFAF 100 million Investment of at le ast CFAF 30 million 
but less than CFAF 100 million 
Common provisions During the start-up period and the first three years of operation, the approved 
enterprise benefits from: 
 - The provisions of the CEMAC Customs Code relating to inward 
processing procedures for export-oriented activities; 
- relief from customs duties in th e form of temporary admission or 
duty-free entry for natural re source research activities; 
- a 50% reduction in the registration fees for company formation, capital 
increases, mergers, and share transfers. 
During the first three years of operation, reckoned from the year of first sale of 
its output or first service provided, th e approved enterprise benefits from: 
- Total exemption from tax on either company profits or personal income; - authorization to apply degressi ve or accelerate d depreciation; 
- authorization to carry losses over to the next three financial years; 
- application of zero-rat ed VAT to its exports.  
 
 
 
 
 
Specific provisions None During the start-up period and the first 
three years of operation, the approved 
enterprise benefits from reduced 
registration fees for company 
formation, capital increases, mergers, 
and share transfers. 
a The preferential development zone regime provided for by Decree No. 2004-30 of 18 February 2004 
will be available after the adoption of th e regulatory framework  for the free zones. 
Source: Decree No. 2004-30 of 18 February 2004.  
Table 2.3 Number of approvals grante d and investments planned, 2006-2012  
Year Domestic  Foreign  Combined ownership  TOTAL  
 Number 
of 
projects  Investment  Number 
of 
projects  Investment  Number 
of 
projects  Investment  Number 
of 
projects  Investment  
2006 2 61.6 8 46.7 4 103.1  14 211.3  
2007 6 13.9 5  66.3 6 12.5 17 92.6  
2008 25 145.6 25 554.7  5 37.5 55 737.7  
2009 5 3.5 6  28.9 1 1.4 12 33.8  
2010 30 208 38 787.9  1 0.3 69 996.1  
2011 21 106.4 35  952.5  8 44 64 1,103  
2012 14 84.7 10 92.3 6 51.3 30 228.3  
TOTAL 103 569.4 127  2,617.3  31 250.1  261 3,403  
Source: Information provided by the Congolese authorities. 
Table 2.4 Number of approvals extended, 2008-2012  
Year Domestic  Foreign  Combined ownership  TOTAL  
Number 
of 
projects  Investment  Number 
of 
projects  Investment  Number of 
projects  Investment  Number of 
projects  Investment  
2008   1 2.1   1 2.1 
2009   1 12.1   1 12.1 
2010 1 0.7 2 16.5 2 6.9 5 24.2 
2011 1 14.9 2 73.7   3 88.6 
2012   1 14.2 1 3.4 2 17.6 
TOTAL 2 15.6 7 118.6 3 10.3 12 144.6 
Source: Information provided by the Congolese authorities. WT/TPR/S/285 • CONGO 
- 206 - 
  2.28.  According to the World Bank, the Congo is st ill one of the most difficult places in the world 
for doing business. The business climate is characterized by excessive taxation, red tape, high costs of factors of production, weak infrastructure, and restricted, expensive access to credit. The road to improving the business climate in the Congo is hard and much remains to be done. 
The reforms undertaken since the previous TPR have not improved the business environment. 
The World Bank Group Doing business 2013  report ranks the Congo 183
rd out of 185 countries, 
just ahead of Chad and the Central African Republic, ranked 184th and 185th respectively 
(common report, Chapter 2, Table 2.3). The Congo was ranked 171st out of 175 countries 
in 2006.45 
2.29.  For the Congolese authorities, improving th e business climate is one of the priority areas 
that the Government will focus on to revive growth. In that connection and with a view 
to improving its Doing Business rankings, the Congo adopted a draft law establishing a public body 
to promote private investment on 25 June 2012 at the 25th extraordinary session of the Senate.46 
The establishment of the agency was justified by the need to improve the business climate 
significantly as part of a comprehensive action plan to implement a support mechanism to develop 
the private sector. 
2.30.  In February 2013, the Government approved the statute of the Investment Promotion 
Agency (API). Established under the Law of 22 August 2012, the API has the statutory aims 
of implementing government investment policy through activities to promote and facilitate private investment; contributing to improving the business environment; and devising and promoting a brand image to attract potential investors to the Congo. According to the authorities, 
the API will have to make reliable economic, commercial and technical information available 
to investors or conduct studies on investment opportunities. Since 2003 the country has also had 
a National Investment Commission; unlike the API, its function is not to attract investors but 
to implement economic investment regulations, in other words to consider applications 
for approvals and grant approved businesses access to  the benefits of preferential regimes, ensure 
compliance with the commitments entered into by the companies approved under the various 
regimes, certify the end of the companies' start-up period, etc. 
2.31.  The Government has also undertaken to introduce institutional and legal reforms by 
for example adopting incentives to encourage foreign direct investment (FDI); improving the services provided by the Business Formalities Centre (CFE); developing infrastructure; rationalizing 
and streamlining procedures, etc.
47 The business climate and economic diversification support 
project (PACADEC), which seeks to implement the business improvement action plan, was 
launched in 2010. The project is co-financed by the African Development Bank, the World Bank, 
the European Union and the French Development Agency (AFD).48 Established under 
a Decree of 25 March 2011, the High Council for Public-Private Dialogue seeks to implement 
a series of measures with a view to facilitating e.g. business start-ups in the Congo. 
2.32.  The Government has also instigated other reforms to facilitate doing business, including 
reducing the cost of obtaining a construction permit, and the cost of registering a new building with the land register; encouraging business start-ups by abolishing or reducing the various costs associated with registering a new business; and by abolishing a long list of "nuisance taxes". 
However, although these measures have been debated and adopted by the Council of Ministers, 
they have not yet been transposed into laws. Consequently, despite introducing these measures, Congo's Doing Business  ranking has fallen continually over time; in 2011 it dropped two places 
and fell further in 2013
49, reflecting the slow pace of applying certain measures, a degree 
of inconsistency in implementing others and the need to increase inter-ministerial coordination.50 
2.33.  The Republic of the Congo does not have any operational free zones. However, 
the Elissa group is running a trial of vehicle sales free of customs duties in the industrial zone 
of Pointe-Noire port. According to the authorities, the establishment of special economic zones is under way in Brazzaville and Oyo-Ollombo, in the Central Basin (Chapter 3, section 3.2.4). 
                                               
45 World Bank (2005) and (2012). 
46 Online information. Viewed at: http://www.congo-site.com. 
47 PRSP 2008-2010 and Social Project " Le Chemin d'avenir ". 
48 African Development Bank (2010). 
49 World Bank (2012). 
50 This was referred to in the PRSP 2008-2010. WT/TPR/S/285 • CONGO 
- 207 - 
  A Ministry with responsibility for Special Economic Zones was established during the ministerial 
reshuffle of September 2009. 
2.34.  Disputes between the State and investors are settled conducted in accordance with the rules 
of the national courts or the provisions of the treaties and international conventions to which the 
Congo is party (common report, Chapter 2). The Congo has also concluded a number of bilateral 
investment protection/promotion/double taxation agreements with the following countries: Germany (1967), Switzerland (1964), United Kingdom (1990) and United States (1994). 
The agreement signed with Italy in 1994 has not yet entered into force. More specifically, 
the Congo has concluded agreements as follows: two conventions with France (1986 and 1987), aimed at preventing double taxation and tax evas ion; in October 2005, it signed an agreement 
with Tunisia on the promotion and reciprocal promotion of investments, together with a double 
taxation convention; a reciprocal investment promotion and protection agreement was signed with 
South Africa in October 2005. WT/TPR/S/285 • CONGO 
- 208 - 
  3  TRADE POLICIES AND PRACTICES BY MEASURE 
3.1  Measures directly affecting imports 3.1.1  Registration 3.1.  Previously, any economic operator wishing to engage in a commercial activity, including 
foreign trade, had to obtain a trader's card fr om the Ministry responsible for trade. However, 
the 2013 Finance Law abolished that requirement as of January 2013. To be a trader, economic operators have had to be authorized  and enrolled in the Commercial and Personal 
Property Credit Register (RCCM); be registered in the files of the National Institute of Statistics 
(INS); obtain a single identification number (NIU) from the Directorate General of Taxes; be registered with the Chamber of Commerce, Indu stry, Agriculture and Trades; and be registered 
with the National Social Security Fund. These conditions apply both to nationals and foreigners.  
3.2.  Registration costs vary depending upon  the nature of the business. For one-person 
businesses, the cost is CFAF 100,000 (RCCM, NIU, statistics, administrative fee) plus CFAF 10,000 (Chamber of Commerce); for limited liability companies the cost is CFAF 300,000 plus 
CFAF 10,000; and finally for public limited companies and economic interest groups it is 
CFAF 500,000 plus CFAF 10,000.  
3.3.   For registration purposes, all traders must fill out a single form, attach the original of 
their identity card or equivalent document along with two photocopies, three identity photographs 
and, for a married person, a copy of the marria ge certificate. Additionally, foreign nationals 
from CEMAC States who may be self-employed must produce the original and two copies of documents attesting to the lawfulness of their residence on Congolese soil, and a receipt 
confirming that a bank account has been opened in the Congo together with a commitment to use 
that account for their financial transactions. Other foreigners who are not self-employed must form a company and produce four copies of notarized instruments referring to the agent or the minutes 
of the general meeting appointing the agent, and a commercial lease that incorporates, where 
necessary, a condition precedent on administrative regularization of the business. A foreign resident's card can be obtained from the Directorate-General of Immigration upon payment 
of CFAF 106,000. The card is valid for one year. 
3.4.  The number of registrations for status as a trader has grown significantly since the last TPR, 
confirming the economic upturn in the Congo (Table 3.1). The Congo does not require separate registration to engage in foreign trade; registration to operate as a trader is all that is required. 
Table 3.1 Number of businesses formed, 2010-2012  
Year 2010  2011  2012  
Limited liability company 432  552 548  
Public limited company 40 36 40 
Limited partnership 01  0 0  
One-person business 01 0 02 
Economic Interest Group 02  03 01  
Branches 0 0 01 
TOTAL 476  591 592  
Source: Centre for Business Formalities (CFE). 
3.5.  All administrative procedures associated with commercial activities can be carried out at 
the single window of the Centre for Business Formalities (CFE)51, at Brazzaville, Pointe-Noire, 
Ouesso, Nkayi, Dolisie or Owando. Upon paymen t of the required fees, the single window 
conducts52 formalities with the following offices on the trader's behalf: Register of the Commercial 
Court (RCCM), Chamber of Comme rce, National Social Security Fund, National Institute 
                                               
51 Decree No. 95-193 of 18 October 1995. 
52 Law No. 36-2011 of 29 December 2011 enacting the 2012 Finance Law provides for the levying of 
a single tax upon starting a business. The amount is set at CFAF 500,000 for equity capital firms, CFAF 300,000 for partnerships and economic interest groups, and CFAF 100,000 for single-person businesses. WT/TPR/S/285 • CONGO 
- 209 - 
  of Statistics, Departmental Directorate of Taxes, Departmental Directorate of Labour, 
and Departmental Directorate of Trade.53 
3.6.  Since June 2006, the importation and wholesale distribution of tradable goods and services 
have been reserved for legal persons and are no longer open to natural persons54, the aim being 
to put imports and exports on a more formal footing.55 
3.7.   Since 14 May 2008 all imports and exports, regardless of origin or destination and 
the applicable customs regime, have been issued wi th an electronic cargo tracking note (ECTN) by 
the Congolese Shippers Council (CCC), a State bo dy answerable to the Ministry of the Marine.56 
3.8.  An ECTN is required , inter alia , for customs declarations. It informs the customs services 
of the approximate value of the cargo, tonnage and the type of goods being shipped. It also 
provides data that allow the goods to be tracked from the port of shipment to the unloading port, 
thereby also serving as a key aspect of security. 
3.9.  The International Maritime Bureau  manages ECTNs and levies charges as 
follows, 70% of which is passed on to the Congol ese Shippers Council: a flat fee (€50 per ECTN 
for shipments from Europe and Africa; €100 per ECTN for shipments originating in other 
continents) plus a fee that varies depending on the mode of shipment of the goods (Table 3.2).57 
3.10.  The efficiency of this system is yet to be demonstrated in terms of duplication of information 
supplied by the manifest and inspections, and the additional costs incurred under the 
various procedures 
Table 3.2 Variable component of the ECTN tariff, 2011  
Mode of shipment  Description  
Container €50 per TEU container; €100 per FEU container (from Europe or Africa) 
 €75 per TEU container; €125 per FEU container (from any other origin) 
Rolling stock €50 per vehicle (<5 tonnes [U.W.]); €100 per vehicle (>= 5 tonnes [U.W.]) 
(from Europe or Africa) 
 €75 per vehicle (<5 tonnes [U.W.]); €125 per vehicle (>= 5 tonnes [U.W.]) 
(from other origins) 
Consolidated €5 wm (with €50 minimum per cargo tracking note) (from all origins) 
Conventional €5 wm (with €50 minimum per cargo tracking note) (from all origins) 
Source: Online information. Viewed  at: http://antase r.com/tariffs.jsp. 
3.1.2  Customs procedures 
3.11.  The Congo applies but has not yet ratified the Kyoto Convention on the Simplification and 
Harmonization of Customs Procedures. Like al l the other CEMAC member countries, since 2001 
the Congo has applied the Community Customs Code58 to the importation, exportation 
and re-exportation of goods (common report, Chap ter 3, section 3.1.3). The documents required 
for customs procedures in the Congo are: bill of lading; invoice; freight note; insurance certificate; 
                                               
53 Decree No. 95-96 of 29 May 1995 establishes the charges for administrative formalities at the single 
windows. According to the table provided by the author ities, the charge for setting up a one-person business 
is CFAF 60,000, while that for forming a company is CFAF 95,000; in each case, payment gives entitlement to a trader's card. Foreign enterprises that carry on a temp orary commercial activity are subject to more costly 
conditions. Foreign economic operat ors who are not nationals of CEMAC countries must set up a company 
and pay a deposit amounting to 1% of the share capital fixed at a minimum of CFAF 1 million. 
54 These persons carry on their acti vities by means of shops and stalls or display retail trade. 
Display retail trading is reserved for Congolese nationals (Article 11 of Law No. 19-2005 of 24 November 2005). 
55 Article 13 of Law No. 19-2005 of 24 November 2005. 
56 Ministry of Maritime Transport and the Merchant Navy: Order No. 1033/MTMMM of 14 May 2008. 
57 Online information. Viewed at: http://ant aser.com/news_detail.jsp?newsId=3&lang=fr. 
58 Regulation No. 5/01-UDEAC-097-CM-06. WT/TPR/S/285 • CONGO 
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  import declaration; an import certificate and, if necessary, the original ECTN, certificate of origin, 
and phytosanitary certificate. 
3.12.  Any detailed declaration where the value is equal to or greater than CFAF 3 million must be 
lodged exclusively by an approved customs cleari ng agent (or forwarding agent). In 2012 there 
were 124 approved customs agencies in the Co ngo. The functions of forwarding agents 
are regulated by a CEMAC Community act and by national customs law. All forwarding agents must pay a renewable annual deposit of CFAF 25 million; forwarding agents have 
Community competence. Clearing agents must comply with a number of strict conditions 
(bank guarantees, record-keeping, accounts, moral and financial soundness, etc.) in order to be granted authorization to practise. Duration of CEMAC approval is indefinite; provisional approvals granted by the Customs DG (before transfer to CEMAC) are valid for one year, renewable 
on application, without geographical limitation. There are official scales for forwarding agents but 
they are not applied in practice. There are no qu otas; the system operates in accordance with 
free competition rules. 
3.13.  Import procedures can be summarized in six stages: import declaration, a certificate 
of conformity, a certificate of origin, inspection  of goods, requirement for local insurance of 
imports (see 2013 Finance Law), pre-inspection control by COTECNA for goods valued at 
over CFAF 3 million and domiciliation of payments. It should be noted that the import declaration 
applies to all products that are freely allowed entry without quota and obtaining it involves a number of documents required by the Director ate-General of Domestic Trade. These include 
a current professional importing trader's card (withdrawn), a current business import licence and 
the pro forma invoice. Those documents attest to the applicant's status as the importer. Moreover, 
a prior import declaration (DPI) is required for all imports subject to preshipment inspection. 
3.14.  The importation of forest products is subject to special approval conditions, except in 
the case of forestry enterprises.
59 Special conditions also apply to persons who are approved 
to import petroleum products.60 
3.15.  The processing of customs declaratio ns is computerized at the customs offices 
of Pointe-Noire, Brazzaville, Pokola (Sangha), Do lisie, and Nzassi (Kouilou), on the basis of 
the Automated System for Customs Data (ASYCUDA++). Migration of all customs clearance procedures to ASYCUDA World is under way. According to the authorities, the great majority of customs transactions are processed by computer. An automation fee of 2% based on 
the c.i.f. value at import and f.o.b. value on export is applicable to all transactions that are subject 
to customs procedures, including non-automated procedures.
61 A maximum of five days is 
required for clearance, reckoned from the date of lodgement of a complete set of supporting 
documents. According to the authorities the cove rage of the automated customs network currently 
stands at around 90%. However, manual processing continues at a few customs posts as a result of inadequacies in infrastructure: absenc e of electricity and frequent power cuts. 
3.16.   A risk management and analysis policy is  being introduced in the Congo and is applied 
in the major centres only. A streamlined customs clearance procedure is in place for certain approved economic operators based on simple criteria depending on the nature, value and quantity of the product and the importer's status. Integrated selectivity is applied by 
the company COTECNA on Customs' behalf, chiefly for controls on value. Customs conducts 
immediate verification in almost 100% of cases as well as a post-clearance audit in major centres by decentralized inspection services. COTECNA has established three channels for immediate 
verification of value (automated process). Green channel: directs the declaration towards 
a streamlined procedure; yellow channel: directs the declaration towards the scanner (suspicion); and red channel: requires scanner and a physical inspection because of significant risk. These 
controls are operational in Pointe-Noire and Brazzaville only.  
3.17.  CEMAC customs regulations apply at national  level in the Congo (common report, Chapter 3, 
section 3.1.3). Moreover, perishable products, petroleum products and imports eligible 
                                               
59 Articles 127 and 128 of Decree No. 2002-437 of 31 December 2002. 
60 Decree No. 2005-83 of 28 December 2005. A fee of CFAF 700 million must be paid for approval of 
status as an importer of petroleum products. 
61 Law No. 33-2003 of 31 December 2003. WT/TPR/S/285 • CONGO 
- 211 - 
  for exemptions are subject to a simplified direct clearance procedure. Additionally, a deposit 
of CFAF 30 million must be lodged with Customs for tax-exempt imports.62 
3.18.  Congo applies the CEMAC provisions on  transit (common report, Chapter 3). Special 
provisions apply to transit to Angola: a deposit of CFAF 25 million applies to each container, 
and Customs levies 1% of the c.i.f. value of the cargo in transit by way of the automation fee. 
Additionally cargoes of timber in transit over Cong olese territory are subject to a fee of 2% by way 
of the automation fee and a levy of CFAF 250/m3 by way of the road fund. Transit operations are 
cleared on an ad hoc basis because of the lack of computer networking between the offices 
in the southern, central and northern parts of the country.  
3.19.  Apart from pursuing its own activities , the Directorate-General of Customs acts at 
the customs cordon on behalf of other Congoles e authorities, including the Directorate-General 
of Transport (Road Fund) and the Directorate-General of Forestry Economics (Forest Fund). 
Moreover, Customs may act on any prohibited or hazardous goods or on goods subject to special 
rules; these rules may relate to public safety, health services, or taxes. 
3.20.  In the settlement of customs disputes the dispute is defined in accordance with the type 
of offences noted or found: offences identified by customs squads (land), offences identified by Customs Economic Investigations Bureaux (ECOR) or offences identified during inspections. 
When a violation is identified the identifying offi cers draw up a report. The operator in question 
is summoned by the head of the unit vested with the authority to settle disputes by 
the Director-General of Customs. He classifies the violation and determines the penalty in accordance with the provisions of the CEMAC Customs Code. Customs disputes are resolved 
by a settlement stating the amount of the fine and the destination of the goods in addition 
to payment of duties. 
3.1.3  Preshipment inspection and customs valuation 
3.21.  Since 1995, preshipment inspection has been compulsory in the Congo for all imports 
and exports with an f.o.b. value greater than CFAF 3 million.
63 That threshold was reduced 
to CFAF 1 million as of 2012.64 However, the relevant provision of the 2012 Finance Law is not yet 
in force. Certain products are automatically exempt and other exemptions may be authorized.65 
Applications for exemption must be made by the importer in writing to the Directorate-General of Customs. According to the authorities, no ex emption other than those provided for in the law 
can be allowed. 
3.22.  The company COTECNA has been authorized by the Government to conduct preshipment 
inspection on the Congo's behalf since March 2006.
66 According to the contract, 
COTECNA inspection covers paper checks, inspecti on of quality, quantity, price, origin, tariff 
status, the customs value of goods imported into the Congo and the eligibility of goods for one 
of the customs schemes. The inspection is conducte d at the production, storage, or loading site 
and the importer is required to present to Congolese Customs a prior import declaration (DPI) 
endorsed by the preshipment inspection company. Also required are the pro forma 
invoice/purchase order and the receipt for payment of  the inspection fee (0.9% of the f.o.b. value, 
minimum of CFAF 65,000). 
3.23.  The inspection procedure gives rise to an inspection report. If the results of the inspection 
are satisfactory, an import (ADVI) or export (A DVE) certificate is issued. If the results of 
                                               
62 Service Note No. 0077/MFBPP/DGDDI/DRC of 14 March 2012. 
63 Decree No. 95-147 of 8 August 1995. 
64 2012 Finance Law. 
65 The following are exempt from preshipment inspecti on: precious stones and metals; works of art; 
crude oil and refined products; arms and ammunition; other than for hunting or  sport; explosives and 
pyrotechnic devices; live animals; perishable consum er goods; fresh or chilled  (meat; fish, fruit and 
vegetables); recycled metals; plants and cut flowers; cinematogr aphic film, printed and developed; current 
newspapers and periodicals;  postal and fiscal stamps; stamped pape r; banknotes; chequebooks; personal 
effects and used domestic objects (including motor vehicl es); personal gifts sent by  foreign residents to their 
close relatives for their personal use;  postal parcels; commercial samples;  crude oil and refined products; gifts 
in kind offered to the Gove rnment; supplies for diplomatic and consular  missions or UN agencies (imported for 
their own needs); "free-shop" imports to be so ld for export; and pharmaceutical products. 
66 Contract No. 009/2006/PR/AO/DGTT of 20 July 2006. WT/TPR/S/285 • CONGO 
- 212 - 
  the inspection are not satisfactory, COTECNA issues a discrepancy report; an internal 
COTECNA appeals procedure is available in the event of disputes. The ADVI is mandatory for clearing imports. The ADVI indicates the tariff heading, the customs value and the total amount 
of duties and taxes payable; it must be accompanied by the import attestation endorsed by 
the bank with which the transaction is domiciled (if the value exceeds CFAF 5 million), 
the commercial invoice, the transport documents and, where applicable, the certificate of origin, the certificate of conformity and the sanitary or phytosanitary certificate. 
3.24.   As in other CEMAC countries, fees for preshipment inspection paid by importers are 
relatively high (common report, Chapter 3, section 3.1.2). According to the authorities, in May 2012 the company COTECNA scanned 1,993 containers valued at around CFAF 91.4 billion, excluding goods subject to a fixed fee and goods subject to other physical inspection. At 0.90% 
of the f.o.b. value, the monthly cost to the Congolese economy of this compulsory inspection can 
be estimated at around CFAF 822 million (€1.26 million). Notwithstanding its aims, the compulsory nature of the inspection increases the cost of fees on imported goods (especially fixed fees) 
charged to importers and duplicates the work done  by Customs. As the minimum value of imports 
affected is CFAF 1 million, the flat fee equates to a maximum levy of 6.5%. No reforms are currently envisaged to make the inspection of  goods imported into the Congo non-compulsory. 
Additionally, the Import Declaration to COTECN A and the corresponding ADVI are not digital 
documents, COTECNA is not electronically networked to the customs computer platform (ASYCUDA World), complicating and further delaying the importation process. 
3.25.  In principle, the Congo has applied the WTO Customs Valuation Agreement since 
1 August 2001
67, and its provisions have been incorporated verbatim into the relevant section 
of the CEMAC Customs Code (common report, Chapter 3, section 3.1.3).68 However, the country 
is experiencing problems in applying the Agreement in practice. Congolese Customs continues 
to rely occasionally on reference values. By Decision No. 007/MEFB/DGDI/DLC of 26 June 2007, 
the Director-General of Customs published the list of reference values applicable to certain customs procedures. They are based on consultations between the Directorate-General of Customs 
and COTECNA and broadly concern goods valued at less than CFAF 1 million. 
3.26.  Customs also refers to the guide list value when granting customs clearance 
for second-hand vehicles. Reference prices (f.o.b.) have been published for the export of timber and scrap. It should be noted that as the lega l bases of those values and prices are rarely 
amended, they lower the prices of the goods conc erned. Local offices also apply reference prices 
as a streamlining measure. 
3.27.  Technical assistance is requested to improve the application of multilateral provisions 
on customs valuation. 
3.1.4  Rules of origin 3.28.  The CEMAC rules of origin (common report, Chapter 3, section 3.1.9) apply at the national 
level in the Congo. No Congolese product has been approved since the introduction of the 
Community system. According to the authorities, the procedure for the approval and issue of certificates of origin, and the procedure for inspecting certificates of origin at import at national level are governed by regulation.
69 The company sends an application to the Chamber 
of Commerce, which determines origin on the ba sis of CEMAC texts and national rules. Customs 
authenticates the certificates. Origin is on e of the elements covered by COTECNA at 
the preshipment inspection. 
3.1.5  Customs levies 
3.1.5.1  Import duties and taxes 3.29.  The Directorate-General of Customs is st ill one of the State's chief sources of overall 
budgetary receipts (Table 3.3). 
                                               
67 Decree No. 2001-387 of 31 July 2001. 
68 Title 1, Chapter IV, Section IV. 
69 Order No. 486 of 20 September 1998 regulating certificates of origin. WT/TPR/S/285 • CONGO 
- 213 - 
  3.30.  Since 2000, the CEMAC countries have applied a common external tariff (CET) to imports 
from third countries. Updated in line with the 2012 version of the Harmonized System70, 
the CET has five bands defined as follows71: certain cultural and aviation-related products (zero 
rate), basic necessities (5%), raw materials and capital goods (10%), intermediate and 
miscellaneous goods (20%); and daily consumer goods (30%) (common report, Chapter 3, 
section 3.1.4). However, each CEMAC country unila terally awards itself derogations from the CET 
without consultation or notification of other members. For the Congo, these derogations 
involve 125 eight-digit-tariff lines. 
Table 3.3 Tax revenue by principal source, 2005-2013  
(CFAF billion) 
 2005 2006  2007  2008  2009  2010  2011 2012 2013a 
Non-petroleum revenue 220.1 261.0  279.7  344.4  389.5  468.8  575.8 652.0 691.3  
Tax revenue 211.9 250.5  264.5  305.2  357.7  445.4  549.5 603.5 662.7  
Taxes and duties (domestic) 167.9 195.8  209.0  242.3  287.3  367.5  448.4 472.5 517.5  
Direct 86.9 105.3  91.7 110.2  121.4  162.6  200.7 213.4 226.6  
Taxes on non-petroleum 
companies 48.1 63.5   50.7 55.4 86.4 103.9 113.8 124.3  
Personal income tax 23.5 25.1 35.8 43.4 47.4 54.8 68.6 72.5 72.5 
Taxes on property 0.0 0.0  0.0 0.0 0.0 0.0 0.0 0.0 0.0  
Other direct taxes 15.3 16.6 14.1 16.1 18.7 21.3 28.3 27.1 29.8 
Indirect 81.0 90.4  117.3  132.1  165.9  204.9  247.6 259.1 290.9  
Value added tax (VAT) 63.5 71.8 81.8 95.0 118.9  144.9  176.0 182.5 204.1  
Domestic consumption duty 
CORAF water and rent 0.0 0.0  0.0 0.0 0.0 0.0 0.0 0.0 0.0  
Other indirect taxes 17.5 18.7 35.5 37.1 47.0 60.0 71.6 76.6 86.8 
Customs revenues 42.7 53.5  50.6 58.9 66.5 77.9 101.1 131.0 145.1  
Import duties and taxes 42.7 53.5 50.6 58.9 66.5 77.9 101.1 131.0 145.1  
Export duties an d taxes 0.0 0.0  0.0 0.0 0.0 0.0 0.0 0.0 0.0  
Registration revenues 1.3 1.3 5.0 4.0 4.0 0.0 0.0 0.0 0.0 
Registration fees and taxes 1.3 1.3  5.0 4.0 4.0 0.0 0.0 0.0 0.0  
Other combined taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Non-tax revenue  8.2 10.5  15.2 39.2 31.8 23.4 26.3 48.5 28.6  
Revenues from the State 
domains (land tenure, 
forestry, mining) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Service revenues 8.2 10.5  15.2 19.2 15.2 17.9 21.5 13.0 13.6  
Revenues from State-owned 
companies 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Fines, confiscation, distraint 0.0 0.0  0.0 0.0 0.0 0.0 0.0 0.0 0.0  
Asset transfers 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Other non-tax revenue 0.0 0.0  0.0 20.0 16.6 5.5 4.8 35.5 15.0  
Source: Information provided by the Congolese authorities. 
3.31.  In addition to the CET, the Cong o applies the other CEMAC duties and taxes 
(common report, Chapter 3, section 3.1.5): th e 1% CEMAC Community integration tax or levy 
(TCI/PCI), applicable to imports originating in countries outside CEMAC and released 
                                               
70 Decision No. 21.07-UEAC-1368 U-CM-15 of 17 Ma rch 2007, approving the update of the CEMAC CET 
in accordance with the 2007 version of the Harmonized System. 
71 Act No. 7/93-UDEAC-556-SE1 of 21 June 1993 revising the CET and laying down the modalities 
for the application of the gene ralized preferential tariff. WT/TPR/S/285 • CONGO 
- 214 - 
  for consumption72; the 0.4% Community integration contribution (CCI) applicable to imports 
originating in non-ECCAS countries.73; the 0.05% OHADA levy applicable to goods of all origins74 
(common report, Chapter 3). The Congo also levies a 0.2% statistical tax on imports of all origins
75; a 2% automation fee; and inspection char ges for transactions subject to inspection. 
Imports are also subject to a 5% levy by way of an advance payment on income tax or 
the flat-rate taxes payable in their stead. A mini mum 5% customs duty is also in place for goods 
exempt under either the Customs Code, or international agreements and treaties 
(see 2012 Finance Law). There is a 15% tax on imports of timber products and wood products, 
with the exception of those intended to supply local industries.76 
3.1.5.2  Bindings 3.32.  The Congo has bound 17.4% of its tariff lines (common report, Table 3.2). The low 
percentage of bindings does not guarantee the tariff regime's predictability and raises the problem 
of transparency, an issue that might make any partner hesitate, whether a trading partner or a partner seeking an environment conducive to investment. Moreover, on two lines the applied 
rates are higher than the bound rates (common report, Table 3.2), meaning that the Congo is 
in breach of its WTO commitments. 
3.1.6  Internal taxes 
3.33.  In conformity with the schemes laid down at Community level
77, the Congo applies value 
added tax (VAT), and excise duty on certain products (common report, Chapter 3.1.6). In addition to the elements used at Community level, the tax base in the Congo generally includes the Brazzaville municipal tax at the customs office in the capital. 
3.34.  The current VAT ceiling in the Congo is 18%
78; the exemption granted to 
the petroleum-related activities of companies approved under the Hydrocarbons Code and their subcontractors has been codified since 1999.
79 
3.35.  Some staples are, in principle, exempt from VAT (as well as customs duties).80 
Finance Law No. 41-2012 of 29 December 2012 extends the exemption afforded to the following products until 2016: inputs, materials and equipment for use in the agro-pastoral and fisheries 
sector.
81 Moreover, some locally produced goods, such as wheat flour produced by MINOCO82 and 
mineral water produced by SN PLASCO, are ex empt from VAT, unlike competing imports. 
Altogether, according to the Secretariat's estimate s, VAT is applied to 4,949 of the 5,794 lines in 
the Congo tariff. Exports are zero-rated (see below). 
3.36.  In accordance with CEMAC regulations83, the Congo levies 24% excise duty on, among other 
things, beverages, tobacco and precious stones (common report, Chapter 3). However, a 10% tax rate is applied discretionally to beverages and tobacco that are locally produced. 
This is in violation of national treatment rules. Altogether, according to the Secretariat's estimates, 
excise duty is applied to 107 of the Congo's full complement of 5,794 tariff lines. 
                                               
72 Additional Act No. 03/00-CEMAC 046-CM-05. 
73 Decision No. 05/CEEAC/CCEG/X/02 of the ECCAS Co nference of Heads of State and Government. 
74 Order No. 5808/MEFB-CAB of 20 September 2005. 
75 Order No. 0601/MF/DGCRF of 19 January 1982. 
76 Order No. 6384/MEFB of 31 December 2002. 
77 Act No. 1/92-UDEAC-556-CD-SE1, amended by Act No.4/94-UDEAC-556-CD-SE1 and 
Act No. 1/96-UDEAC-556-CD. 
78 Law No. 12-97 of 12 May 1997, as amended by successive finance laws. 
79 Decree No. 99-186 of 26 October 1999, repealed by Decree No. 2001-522 of 19 October 2001. 
The equipment and products that eligible for entry fre e of duties and taxes for mineral and oil research 
purposes are listed in Annex IV to Chapter V, General Tax Code. 
80 Annex III, Texts relating to VAT, General Tax Code . The goods concerned include: wheat flour; milk; 
bread; meat and poultry; infant f ood; powdered milk; medicines; medica l appliances and invalid carriages; 
spectacles; books; fertilizers, insecticides and pesticides. 
81 Law No. 33-2003 of 31 December 2003. 
82 Law No. 20-2004 of 30 December 2004 extends the exemption from VAT within CEMAC. 
83 Act No. 1/92-UDEAC-556-CD-SE1, amended by Act No.4/94-UDEAC-556-CD-SE1 and 
Act No. 1/96-UDEAC-556-CD. The products liable to excise duty are listed in Annex II to Chapter V, General Tax Code. WT/TPR/S/285 • CONGO 
- 215 - 
  3.1.7  Tariff preferences 
3.37.  The Congo has removed all restrictions, including tariff restrictions, on imports originating in 
other CEMAC countries. Moreover, the CCI does not apply to intra-ECCAS trade and the OHADA tax does not apply to intra-OHADA trade. 
3.1.8  Duty and tax concessions 
3.38.  In addition to schemes granting conce ssions and exemptions from Community duties and 
taxes (common report, Chapter 3.1.8), the Congo confers exemptions from duties and taxes upon 
businesses that are authorized under the National Investment Charter (Chapters 2 and 3, 
section 3.4.1), the Forestry Code (Chapter 4. 2), the Mining Code (Chapter 4.3) and the 
Hydrocarbons Code (Chapter 4.3). Some of these measures are reserved for export and import substitution activities. At import, agricultural inputs, materials and equipment are subject to a 2% 
external tariff until 2016.
84 
3.39.  The loss of revenue attributable to exemptio ns (in the petroleum sector under Acts No. 2/92 
and No. 2/98/UDEAC) by way of contribution to investment and exceptional exemptions 
(Table 3.4) has more than doubled since the pr evious review, and has soared for discretionary 
exceptional exemptions, suggesting that the taxati on system is ill-suited to the structure of 
the economy. Altogether the exemptions amou nt to over 300% of State customs revenues 
(Chapter 3, section 3.1.5.1, Table 3.2). This de prives the State of the means it would otherwise 
have had to implement its various programmes. 
Table 3.4 Breakdown of losses attr ibutable to exemptions, 2006-2012  
(CFAF) 
Year Total loss of 
revenue 
attributable to 
exemptions  Loss of revenue 
attributable to 
exemptions in 
the petroleum 
sector  Loss of revenue 
attributable to 
regulatory 
exemptions, i.e. 
attributable 
to the 
implementation 
Acts Nos. 2/92 
and 
2/98/UDEAC  Losses of 
revenue to the 
Congolese 
contribution to 
investment  Losses from 
exceptional 
exemptions  
2006 176,397,150,000 148,857,210,000 13,475,870,000 10,889,750,000 3,174,320,000 
2007 229,558,420,000 185,269,950,000 7,677,220,000 32,557,350,000 4,053,900,000 
2008 325,146,170,000 287,339,160,000 6,496,440,000 28,703,410,000 2,608,160,000 
2009 330,845,230,000 273,147,730,000 6,127,670,000 57,378,540,000 3,168,290,000 
2010 331,837,460,000 251,045,910,000 6,441,220,000 71,558,230,000 2,752,100,000 
2011 376,140,730,000 285,419,800,000 9,204,190,000 48,656,380,000 32,860,360,000 
2012 438,126,560,000 237,086,930,000 7,183,150,000 150,400,440,000 43,456,040,000 
Source: Congolese Director ate-General of Customs. 
3.1.9  Prohibitions, quantitative restrictions and licensing 
3.40.  Apart from the registration formalities applicable to all foreign trade activities 
(section 3.2.1), control measures may be applied to imports of certain products for security reasons, either in order to protect public health and morality or because of their strategic nature. 
3.41.  The Congo has not notified the WTO of its prohibition, authorization or import licensing 
regimes. The prohibition regime concerns, in particular, food waste
85, and dangerous 
and war-related toys.86 Controls are imposed through import declarations in order to protect 
                                               
84 Law No. 41-2012 of 29 December 2012. 
85 Decree No. 2001-524 of 19 October 2001. The following, in particular, are affected: old frozen meat 
and fish; turkey rumps; high-fat meat , in particular "capas"; cuts of me at, shaved or skinned; and chicken 
feet. 
86 Circular No. 931/MCCA-CAB of 19 November 2003. WT/TPR/S/285 • CONGO 
- 216 - 
  consumers, live animals, plants and the enviro nment, in particular within the framework of 
the international conventions to which Congo is a signatory.87 
3.42.  According to the authorities, there are a number of products subject to a prohibition on 
import and export; they include drugs, psychotrop ic substances, arms and munitions, plastic sacks 
and bags, children's toys with a military them e, protected animal species, elephant tusks, 
counterfeit goods, industrial waste and scrap. Breaches of this prohibition are punishable as laid down in the texts in force. 
3.43.  Sugar and wheat flour are the two products imported under quotas. Sugar marketing is 
a monopoly of SARIS-Congo. If sugar production  ( p a r t  o f  w h i c h  i s  e x p o r t e d )  w e r e  t o  p r o v e  
insufficient to meet local demand, SARIS-Congo would issue shortage certificates and on the basis of those certificates the Ministry of Trade would issue an import declaration (Chapter 4.2). 
Otherwise the importation of sugar into the Cong o is prohibited. Wheat flour is the subject of 
an import quota to protect the national enterprise, MINOCO, from competition. The National Commission on the Regulation of the Flour Market has set the level at 48,000 tonnes 
per year, with 12,000 tonnes being allocated at the beginning of each quarter.
88 
3.44.  Import and export licences have been abolished in the Congo.89 However, the export 
of some products is still regulated by specific codes (Table 3.5 as well as the Forestry, Mining 
and Hydrocarbons Codes). The Directorate-General of Customs and Indirect Duties is responsible 
for implementing CEMAC provisions on prohibitions and licensing (common report, Chapter 3, section 3.1.10). 
Table 3.5 Import controls, 2012  
Responsible body  Document required  Product  
Ministry of Internal Affairs Prior authoriz ation Arms and munitions; radio equipment 
(transmitters and receivers) 
Ministry of Health (pharmaceutical 
inspection) Authorization Pharmaceutical products 
Ministry of Agriculture (veterinary service) Health certificate Fresh meat and fish 
Ministry of Agriculture (live 
animals) and Forestry Economics 
(protected species)  Health certificate and CITES 
certificate Live animals and protected species 
Ministry of Hydrocarbons Prior authorization Fuels 
Ministry of Finance Prior authorization Foreign exchange  
Source: Directorate-General of Customs. 
3.1.10   Standards, technical regulations and accreditation 
3.45.  The Congo lacks a national regula tory framework for standardization and 
quality management; no notification has been made to the WTO in this respect. The draft law 
establishing the Congolese Standardization an d Quality Agency; the draft law establishing 
the national standardization system; the draft law on metrology; the draft decree approving 
the Statute of the Congolese Standardizatio n and Quality Agency; and the Statute of 
the Congolese Standardization and Quality Agency are in the process of being drawn up. The Congo has not signed any mutual recognition agreements on standardization and conformity assessment. However, the Congolese Government has signed a conformity assessment 
programme with the company COTECNA for goods being shipped to the Congo. Moreover a project 
to establish a national food quality control laboratory is currently being finalized. 
                                               
87 Online information. Viewed at: 
http://www.wto.org/English/tratop_e/envir_e/membershipwtomeas_e.doc. 
88 The quota is allocated on a "first come, first served" basis with a maximum of 3,500 tonnes 
per importer per quarter. The licences are valid for six months and printing costs are CFAF 7,500. 
89 Law No. 03/2007 regulating imports, exports and re-exports. WT/TPR/S/285 • CONGO 
- 217 - 
  3.1.11  Sanitary and phytosanitary measures 
3.46.  No measure (ordinary or emergency) has been notified to the WTO SPS Committee since 
the previous TPR of the Congo in 2006; the country does not have an operational SPS enquiry point. The lack of an operational SPS system and the country's inadequate infrastructure are 
a constraint on the development of exports from the Congo. 
3.47.  The Ministry responsible for health is in charge of applying SPS measures relating 
to human health and food and the Ministry responsible for agriculture is in charge of applying 
phytosanitary measures and the protection of animal health
90, in both cases in collaboration 
with the Ministry responsible for trade.91 The Congo complies with the provisions of 
the FAO International Plant Protection Conv ention; the FAO/WHO Codex Alimentarius; and 
the provisions of the World Organisation for Animal Health (OIE). 
3.48.  The importation and exportation of anim al and plant products are subject to prior 
authorization and the issue of sanitary and phytosanitary certificates. The importation into the Republic of the Congo of live animals other than carnivores is subject to an authorization 
issued by the Veterinary Inspection Service (Ministry of Agriculture and Livestock).
92 Moreover, 
certain food products of animal origin are prohibited for import93 and the movement of cattle 
on Congolese territory is subject to the i ssue of a health permit by the Veterinary 
Inspection Service following a cattle health visit from the head of the originating 
veterinary sector.94 
3.49.  Additionally, health inspection of market s and establishments trading in animal products, 
whether fresh, prepared or processed, and of facilities for processing raw materials is 
compulsory.95 Composite products intended as cattle feed are subject to controls and their sale is 
subject to prior declaration of their composition authorized by the Ministry of Agriculture and Livestock.
96 Services from the Ministry acting as phytosanitary inspectors are present at the 
main customs posts to conduct controls on the origin and quality of plants.97 
3.1.12  Packaging, marking and labelling requirements 3.50.  The Congo has no national rules (or associat ed taxes) on packaging. On labelling, however, 
Law No. 03-2007 of 24 January 2007 requires products imported into the Congo to bear a notice 
in French.  
3.1.13  Contingency measures 3.51.  The Congo has no national legislation on anti-dumping, countervailing or safeguard 
measures; the relevant CEMAC provisions (common report, Chapter 3, section 3.1.13) 
are applicable in the Congo. According to the authorities, the Congo has never implemented any of  these measures. 
                                               
90 Decree No. 67/182 of 17 July 1967 concerns the animal health inspectorate and Law No. 17/67 
of 30 November 1967 concerns the penalties for related infringements. Order No. 4646/BE 47-14 of 16 December 1968 concerns the importation of live anim als and establishes the obligation to obtain an 
authorization issued by the Veterinary Inspection Service; Order No. 4645/BE 47-14 of 16 December 1968 regulates the movement of catt le on Congolese territory. 
91 Law No. 6/94 of 1 June 1994 on competition (Section (4)(ii)) and Law No. 7/94 of 1 June 1994 on 
the trade regime (section (2)) provide the regulatory framework for such measures. 
92 Order No. 4646 of 16 December 1968 on the importation of live animals into the Republic 
of the Congo. 
93 Decree No. 200-524 of 19 October 2001 prohibiting the importation of certain food products 
of animal origin. These include old frozen meat and fish; turkey rumps; high-fat meat , in particular "capas"; 
cuts of meat, shaved or skinned; table eggs; and chicken feet. 
94 Order No. 4645 of 16 December 1968 on the movement of cattle on Congolese territory. 
95 Order No. 1778 of 8 June 1940 regulating the heal th inspection of markets and establishments 
for trade in and processing of products of animal origin. 
96 Ordinance No. 63-18 of 26 November 1963 establishing controls on products intended as cattle feed. 
97 Order No. 3401 of 23 June 1976. WT/TPR/S/285 • CONGO 
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  3.1.14  Other measures 
3.52.  The Congo complies with its commitments vis- à-vis the United Nations. It applies the trade 
sanctions decided upon within the context of the UN or the regional bodies in which it participates. No agreement has been concluded by the Co ngo or Congolese enterprises with foreign 
governments or enterprises with a view to influencing the quantity or value of goods and services 
exported to the Congo. Moreover the Congo has no  regulatory requirements on the accumulation 
or holding of buffer/reserve stocks. A project to establish buffer storage facilities for petroleum 
products is being studied by the Ministry of Hydrocarbons. The Congo does not take part in 
barter trade. 
3.2  Measures directly affecting exports 3.2.1  Registration and customs procedures 
3.53.  The registration formalities required to import goods for commercial purposes also apply 
to exports (section 3.1.1 above). The status of  exporter is awarded to any operator meeting 
the requirements for the status of trader. The export of forest products is subject to special 
conditions of approval, except in the case of forestry enterprises.
98 Owners of mining titles may 
transport and export the minerals to which those titles relate99, and export operations may also 
be carried out by purchasing offices.100 Special conditions apply to persons who have received 
approval to export petroleum products or to en gage in transit and re-exportation activities 
involving these products.101 There is no export licensing in the Congo. Instead there are special 
authorizations for certain products deemed to be  sensitive or that are subject to restrictions, 
such as sugar. 
3.54.  The preshipment inspection regime, entrusted to COTECNA (section 2.2), applies to exports 
as well as imports, except for forest products where inspections are the responsibility of the Forestry Products Export Controls Unit (SCPFE) attached to the Ministry of Forest Economics. 
The situation is similar for petroleum products where inspection is the responsibility of Bureau 
Veritas, acting on the State's behalf. A customs declaration must be made out for all exports. A document concerning the foreign exchange undertaking endorsed by the bank with which 
the transaction is domiciled is also required for all export operations. The foreign exchange 
undertaking consists in the obligation to repatriate export earnings from countries outside CEMAC, and convert them into CFA francs within  30 days of the goods being shipped. 
3.55.  In support of the customs declaration, ex porters of forest products must also produce 
specification sheets certified by the water resources and forestry administration. 
These specification sheets "contain the product references, the name of the holder of the contract or permit and his tax category, indicated by his triangular hammer mark".
102 The duty is levied 
by customs on exporters upon presentation of the specification sheet and the export control 
certificate supplied by the SCPFE following the inspection. 
3.2.2  Export duties and taxes 
3.56.  Exports of goods are subject to several export duties and taxes, in particular: 
the 2% automation fee; the 2% supplementary exit duty (DAS), from which only crude oil and gas are exempt; and the 2% levy on rough diamonds. Timber is taxed as follows: a 1% levy for the SCPFE
103, the timber exports tax assessed on the basis of the transport costs associated with 
the four logging zones (Chapter 4.2)104, the f.o.b. value, the species and the degree of processing. 
In addition, there is a 15% surcharge on rough ti mber exported over and above the quota of 85% 
                                               
98 Articles 127 and 128 of Decree No. 2002-437 of 31 December 2002. 
99 Article 78 of Law No. 2005-4 of 11 April 2005. 
100 Article 80 of Law No. 2005-4 of 11 April 2005. 
101 Decree No. 2002-265 of 1 August 2002. Decree No. 2005-83 of 28 December 2005 establishes a fee 
of CFAF 500 million for obtaining approval to engage in export activities, and a fee of CFAF 700 million for approval to engage in transit and re-exportation activities. 
102 Article 135 of Decree No. 2002-437 of 31 December 2002. 
103 Article 78 of Law No. 2005-4 of 11 April 2005. 
104 Order No. 6383/MEFB of 31 December 2002 and Order No. 6387/MEFB of 31 December 2002. WT/TPR/S/285 • CONGO 
- 219 - 
  of the production of each forestry enterprise105, as well as the contribution to the road fund 
assessed on timber for export or in transit.106 The tax base is the f.o.b. value. 
3.2.3  Export prohibitions and controls 3.57.  An export declaration must be filed for all goods being exported or re-exported
107, except 
for timber where controls are the task of the SCPFE, and petroleum where they are the task 
of Veritas.108 
3.58.  Under the Forestry Code, only processed wood in the finished or semi-finished state may be 
exported109, but in practice each forestry enterprise is required to limit rough timber exports 
to 15% of its total production volume. This threshold is often exceeded, triggering payment of the 15% surcharge. 
3.59.  Under the Mining Code, every shipment of precious minerals requires an export 
authorization (licence) issued by the central mining authority.
110 The Congo, which had been 
participating in the Kimberley Process (KP) relating to the diamond trade since 10 June 2003, was suspended as from 9 July 2004, following a KP working mission which concluded that the 
country was not complying with the provisions of the diamond certification scheme.
111 The Congo 
was subsequently reinstated by a decision of the KP of 26 November 2007. 
3.60.  Circular Note No. 0939/MEFB-CAB of 8 Oc tober 2007 introduced compulsory preshipment 
inspection of any pharmaceutical product imported into the Congo. The circular was supplemented 
by Service Note No. 219/MEFB/DGDDI of 15 May 2008 introducing compulsory incorporation of 
the COTECNA certificate number into the ASYCU DA software used by Congolese Customs. 
3.61.  The blocking field (ADV) of CFAF 3 million has been active and official since 1 June 2008. 
The 2012 Finance Law reduced the blocking field to CFAF 1 million.112 COTECNA has supplied and 
installed scanners in the main pilot customs offices at Pointe–Noire and Brazzaville. Inspections by scanner began on 25 March 2010 in Pointe–Noire. 
3.62.  On the export of hydrocarbons, the Government has signed an agreement with another 
inspection company, Bureau Veritas. Where hydrocarbons and their refined and gaseous derivatives are concerned, Bureau Veritas acts on the Congo's behalf alongside the Société 
générale de surveillance (SGS), which acts on the purchaser's behalf. The costs and charges 
incurred in inspections by Bureau Veritas are borne by the State. 
3.2.4  Export subsidies and promotion 3.63.  Apart from the zero rate of VAT and the various suspensory procedures provided for 
at Community level (common report, Chapter 3), th e Congo has not established any other benefits 
for exports. The Congo does not have any operational free zones although, according to the authorities, the establishment of special economic zones is under way in Brazzaville 
and Oyo-Ollombo, in the Central Basin.  
3.64.  The task of the Congolese Foreig n Trade Centre (CCCE), established in 1972
113, is 
to promote exports, support economic operat ors by providing them with market access 
intelligence, and help them  to develop partnership ag reements. The CCCE supports 
                                               
105 Order No. 2731/MEFE/MEFB of 17 March 2004. 
106 The contribution is CFAF 75/m3 for Congolese timber, CFAF 250/m3 for timber from outside the 
CEMAC, and CFAF zero/m3 for CEMAC timber. 
107 Article 18 of Law No. 7-94 of 1 June 1994. 
108 Contract No. 009/2006/PR/AO/DGTT of 20 July 2006. 
109 Article 48 of Law No. 16-2000 of 20 November 2000. 
110 Article 80 of Law No. 4-2005 of 11 April 2005. 
111 Kimberly Process (2006). "Kimberley Process Removes the Republic of Congo from the 
List of Participants". 
112 According to the authorities, in practice this provision of the 2012 Finance Law is not applied. 
The 2013 Finance Law makes no reference to this matter. 
113 Law No. 23-2005 of 30 December 2005. WT/TPR/S/285 • CONGO 
- 220 - 
  the participation of Congolese economic operators at trade fairs and similar events. The CCCE 
is essentially funded by an annual State subsidy. 
3.3  Measures affecting production and trade 3.3.1  Incentives 
3.65.  The Congo has not notified the WTO of subsidies or aid. The main support measures 
in effect relate to the benefits available to enterprises approved under the Investment Charter 
(Chapter 2.4 and common report, Chapter 3, section 3.3.1), the Forestry Code (Chapter 4.2), 
the Mining Code (Chapter 4.3), or the Hydrocarbons  Code (Chapter 4.3). Benefits are also granted 
in order to promote SMEs (Chapter 4.4). In addi tion, the State supports agriculture in various 
ways (Chapter 4.2). Public services, such as electricity (Chapter 4.3), water (Chapter 4.3) 
and transport (Chapter 4.5), also benefit from government support. 
3.66.  Law No. 22-2005 of 28 December 2005 established the Agriculture Support Fund as a public 
administrative body with the task of providing finance for agricultural, pastoral and fisheries 
production, marketing, conservation and institutional support. Order No. 6967 
of 22 September 2010 on the establishment, powers  and organization of the Project to support 
the marketing of agricultural products confers up on the Fund the responsibility of providing for 
the primary collection, transportation and distribution of agricultural products; studying 
the mechanism regulating marketing channels for agricultural products; and establishing 
the conditions for resumption of marketing by private economic operators. In 2008, the Agriculture Support Fund enabled development activities to be held in technical centres along with seminars and training workshops to enhance human resource capacity in the sector. 
3.3.2  Competition and price control 
3.67.  Apart from the relevant CEMAC regulations, th e provisions of which are, in principle, directly 
applicable in all the Member States, the Congo does not have a national competition regime 
(common report, Chapter 3, section 3.2.2). Accord ing to the national authorities, some aspects 
are covered by national provisions (Law No. 6-94 of 1 June 1994) which date from 1994, namely product price regimes for goods and services of all kinds; market transparency; anti-competitive 
practices; trading standards; stockholding; and the investigation and repression of fraud. 
Formulation of a new competition law is under way. Its provisions include the introduction of a National Competition Authority. 
3.68.  Consumer protection is also among the law's objectives concerning market transparency 
and product quality. For example, traders must in form consumers of the prices of the goods or 
services on offer and must provide a commercial invoice upon request. The law punishes offences such as counterfeiting and deceptive or misleading advertising concerning, in particular, 
adulterated or toxic products; thus the law also touches on sanitary measures (section 3.1.10), 
dishonesty and fraud in the provision of services, and fraud relating to importation, production and 
sale. The law also deals with infringements connected with the status of trader and the application 
of the relevant provisions on domestic and foreign trade. A new consumer protection law is being 
drafted; it provides inter alia  for the introduction of a National Consumer Rights Protection Council. 
3.69.  In principle, prices are determined by the free play of competition, except in the case of 
the authorization regime for staple goods.
114 Order No. 16/MCAPMEA/CAB of 23 August 2000 
identifies the products subject to the price auth orization regime. The products concerned include 
meat, poultry, saltwater fish, salted fish, wheat flour, edible oils, reinforcing bars, corrugated iron, salt, mineral water and sugar. 
3.70.  Within the framework of the special schemes (taxation procedure) the State determines 
the prices of the following products: petroleum products (Chapter 4.3), water (Chapter 4.3), 
                                               
114 According to Law No. 5-94 of 1 June 1994, as supplemented by Circular Note No. 16/MCAPME/CAB 
of 23 August 2000, the authorization process consists in the approval of maximum selling prices by the Ministry responsible for trade, on the basis of a breakd own provided by the economic operator, in accordance 
with the price structure and statutory profit ratios. Auth orization must be obtained before the goods concerned 
can be offered for sale. The wholesal er importer must indicate the auth orized retail selling price on his 
wholesale invoice. WT/TPR/S/285 • CONGO 
- 221 - 
  electricity (Chapter 4.3), postal and telecommunications services (except for Internet access 
and mobile telephony) (Chapter 4.5); locally pr oduced beverages, sugar, wheat flour, locally 
manufactured products and public transport. The Directorate-General of Competition and Suppression of Fraud represents the country on CEMAC's Competition Monitoring Body 
(common report, Chapter 3.3.2). 
3.3.3  State trading, State-owne d enterprises and privatization 
3.71.  The Congo has not yet notified the WTO of its State trading enterprises within the meaning 
of Article XVII of the GATT.
115 The process of disengagement of th e State from economic activities 
dates from 1994, but actual liberalization is continuing. The National Electric Company (SNE) still holds a monopoly over the generation, supply and importation of electricity. Saris Congo is still the only company producing and importing sugar in the Congo. Moreover, in areas where there 
used to be a monopoly (such as hydrocarbons), Decree No. 2008-15 of 11 December 2008 lays 
down the procedures for the allocation of mini ng titles for liquid and gaseous hydrocarbons. 
As a result, in 2008 many mining titles were allocated to private operators: 57 prospecting 
authorizations were awarded to 28 compan ies, and 24 research permits were awarded 
to 14 companies. 
3.3.4  Government procurement 
3.72.  In 2009 the Congo adopted a new gove rnment procurement management framework
116 
that transposed Community legislation in this field into national law (common report, 
Chapter 3.3.3). According to the authorities, th e new code seeks to promote transparency and 
competition in the allocation and monitoring of public contracts, in accordance with international 
standards. However, Decree No. 2009-156 of 20 Ma y 2009 covers only three types of procurement 
contract: works contracts, supply contracts and intellectual service contracts. It does not cover purchases of food products or ironmongery. 
3.73.  The new Code formally establishes several bodies including the Government Procurement 
Regulatory Authority with a view to providing high-quality services to government procurement stakeholders. The Ministry of Regional Planning  and Major Works was also established, with 
responsibility for awarding and ensuring the performance of government procurement contracts 
and contracts for public service concessions by the State and other legal persons under public or private law. 
3.74.  A government procurement management unit answerable to the person in charge 
of government procurement has responsibility fo r implementing all government procurement and 
public service concession procedures. It is responsible in particular for planning government procurement and public service concessions. The Directorate-General for Government Procurement 
Control monitors implementation of the regu lations governing government procurement and 
public service concessions. 
3.75.  The current thresholds for awarding contracts are: around CFAF 50 million for works and 
supply contracts and around CFAF 10 million for calls for quotations for intellectual service 
contracts. As part of the evaluation, the bids su bmitted by bidders based in the Congo/CEMAC area 
benefit from a 10-point advantage. 
3.76.  The Congo is not a member of the WTO Plurilateral Agreement on Government Procurement 
nor is it an observer. 
3.3.5  Protection of intellectual property rights 3.77.  The Congo, like other CEMAC countries (common report, Chapter 3), is 
a member of the African Intellectual Property Organization (OAPI) set up under 
the Bangui Agreement in 1997 (common report, Chapter 3, section 3.3.4).
117 The Congo ratified 
                                               
115 WTO document G/L/971/Rev.1, 7 November 2011. 
116 Decree No. 2009-156 of 20 May 2009. 
117 The Bangui Agreement (1977) established the African Intellectual Property Organization (OAPI) to 
replace the African and Malagasy Industrial Property Office, set up in 1962. The OAPI includes Benin, WT/TPR/S/285 • CONGO 
- 222 - 
  the revised Bangui Agreement (1999) in 2001.118 The revised Agreement entered into force 
on 28 February 2002 and applies in the Congo, pursuant to the 2002 Constitution (Chapter 2.1), as an automatically enforceable State law. In addition to the revised Bangui Agreement (1999), 
the Congo has national legislation on copyright and related rights. 
3.78.  Moreover, the Congo has also been a member of the Convention establishing 
the World Intellectual Property Organization (WIPO) since 9 June 1973.
119 The Congo has notified 
the Bangui Agreement (1999) to the WTO.120 
3.79.  The National Industrial Property Agency  (ANPI) within the Ministry of Industrial 
Development and Private-Sector Promotion acts as the national liaison structure (SNL) for 
the OAPI. Its principal mission is to transmit to the OAPI patent, utility model and ownership 
(trademark, design and trade name) applications originating in the national territory. The ANPI 
also coordinates activities to raise awareness in the Congo of the importance of industrial property, 
an area in which few developments have been recorded since the last review (Table 3.6). 
Table 3.6 Breakdown of applications by ye ar and type lodged with the Directorate, 
2006-2013  
Description 2006 2007  2008  2009  2010  2011  2012 2013 Total  
Patents 2 5 0 0 0 0 3 0 10 
Utility models 0 0 0 0 0 0 2 0 2 
Trademarks and 
service marks 10 11 7 3 3 25 4 4 67 
Industrial designs 0 2 0 0 1 1 11 0 15 
Trade names 5 6 3 11 2 10 104 2 143 
Geographical 
indications 0 0 0 0 0 0 0 0 0 
Patent searches on 
utility models  0 0 0 0 0 0 0 0 0 
Patent searches on 
trademarks and 
service marks 1 0 0 5 8 25 11 6 56 
Patent searches on 
trade names 0 0 0 5 4 2 7 1 19 
Patent searches on 
industrial designs 0 0 0 0 0 0 5 0 5 
Total 18 24 10 24 18 63 147 13 317 
Source: Information provided by the Congolese authorities. 
3.80.  Copyright and related rights are administered and protected by the Congolese Copyright 
Bureau (BCDA), established in 1986121under the authority of the Minister for Culture and the Arts. 
The BCDA has 2,036 members and distributes royalties from mechanical rights 
to Congolese nationals and foreigners (CFAF 4 million in 2004 and only CFAF 3,832,000 in 2012). 
Efforts are apparently being made to combat the pirating of musical works, in particular 
by introducing holograms or stickers which will make it easier to distinguish between authentic 
phonograms and pirated copies. The BCDA is al so the sole organization empowered to issue 
authorizations for cultural events on Congoles e territory. Cultural activities in the Congo 
are supported by the National Cultural Developm ent Fund (FONADEC), which is partly financed 
from the income of the BCDA. 
3.81.  The Congo's copyright regulations date back to 1982.122 They are not harmonized either 
with Annex VII to the revised Bangui Agreement (1999) or with the relevant provisions of 
the WTO TRIPS Agreement. For example, under the Congolese regime, the term of copyright 
protection is the lifetime of the author plus 50 ye ars after his death, whereas the term is 70 years 
under the revised Bangui Agreement (1999).  
                                                                                                                                               
Burkina Faso, Cameroon, Central African Republic, Chad , Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, 
Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Sene gal and Togo. Viewed at: http://www.oapi.wipo.net. 
118 Law No. 7-2001 of 19 October 2001. 
119 Ordinance No. 24-73 of 9 July 1973. 
120 WTO documents IP/N/1/COG/C/2, IP/N/1/COG/C/1, IP/N/1/COG/C/2 of 29 April 2002. 
121 Decree No. 86/813 of 11 June 1986. 
122 Law No. 24/82 of 7 July 1982. WT/TPR/S/285 • CONGO 
- 223 - 
  3.82.  Law No. 24-82 of 7 July 1982 on copyright and related rights lays down the conditions for 
the marketing of protected and unprotected work s, derivative works and works deriving from 
national folklore. Under Article 77 the counterfeit ing on Congolese territory of works published 
in the Congo or abroad is punishable by a fine of between CFAF 100,000 and CFAF 250,000. 
The same penalty applies in the event of exportation or importation of counterfeit works. Article 94 
lays down the conditions for the protection of phonograms placed on the market by introducing a requirement for them to bear the symbol of a "letter P inside a circle" alongside a note of 
the year of first publication, affixed in such a way as to indicate clearly that protection has been 
granted. Article 1 states that works by foreign nationals published for the first time in the Congo, like literary, artistic and scientific works by Congolese nationals, enjoy the protection introduced by that Law. According to the authorities, acti vities to combat pirating in the Congo over 
the past six years have led to the seizure and destruction of around 500,000 CDs and DVDs.  WT/TPR/S/285 • CONGO 
- 224 - 
  4  TRADE POLICIES BY SECTOR 
4.1  Agriculture, livestock, fishing and forestry 4.1.1  Overview 4.1.  The Congo covers an area of 342,000 km
2, of which 60% is forest and 40% savannah 
(Chapter 1.1). The soil is hydromorphic in the Congolese Basin and ferralitic in the rest of 
the country. In general, the soil is highly fragile, acid and sensitive to wind and/or water erosion. There is abundant rainfall and the hydrographic network, fed chiefly by the Congo and 
Oubangui Rivers, is extensive and dense. The Congo has relatively large fisheries resources, 
a coastline that extends for 180 km, a continental shelf of 10,000 km
2, and its exclusive economic 
zone (EEZ) covers 90,000 km2. 
4.2.  The agricultural sector's contribution to GDP (including livestock, fishing and forestry) is quite 
small relative to the country's potential (Chapter 1), principally because the size of the petroleum 
subsector in the Congo's economy (section 4.3) ha s resulted in farms that are small and therefore 
unable to employ economies of scale. They ar e unprofitable and use rudimentary production 
techniques. As a result of rural exodus, the Congo's population is currently highly urbanized and is 
thus a relatively long way away from the centres of agricultural production. Agriculture is nonetheless the main source of income and employment for around one third of the population. 
Moreover, agriculture continues to be disadvantaged by structural weaknesses associated 
in particular with inappropriate agricultural techniques; the high costs of factors of production, including access to credit; the poor state of the road network; and the weakness of support 
services. According to the authorities, agricultural production does not meet national needs and 
is supplemented by imports of food products, chiefly for urban populations. 
4.3.  With the focus of the Congolese economy almost exclusively on oil production, the share 
of agriculture fell and has not recovered signif icantly. Agriculture employs some 498,000 people, 
of whom 70% are women
123, on some 75,000 farms. The total cultivated area is 245,000 hectares 
(just over 2% of the 10 million hectares suit able for agriculture), giving an average area 
of 0.4 hectares per farm. The farms mainly produce crops; there is little livestock farming. 
The main types of crop farming are traditional farming (81% of the area cultivated); 
and semi-urban sedentary farming. Traditional crop-growing practices are followed and there is little use of modern production inputs (agricultural machinery, selected/improved seeds, irrigation, fertilizers, and pesticides). Cassava is the majo r food crop, followed by plantains, yam, fruit 
and vegetables. The farm acreage varies between 0.5 and 1.5 hectares per manually worked farm 
and between 10 and 100 hectares per mechanized farm. 
4.1.2  Agricultural policy 
4.4.  The Ministry responsible for agriculture is responsible for the formulation 
and implementation of agricultural policy. However, in line with the composition of the Government of 15 September 2009, as reshuffled on 25 September 2012, a number of 
other departments also have a role in agriculture, namely the Ministry of Forestry Economics 
and Sustainable Development, the Ministry of Fi sheries and Aquaculture, and certain services 
attached to the Office of the President are responsible for steering the agricultural sector (General Major Public Works Delegation), each in its own specific area. By definition the sector 
involves many departments and the absence of co ordination between them is a major handicap. 
Moreover, the legislative and regulatory framew ork of agricultural policies has included 
the adoption of several laws and regulations that are not consistent and have no assessment 
mechanism. 
4.5.  According to the authorities, this policy aims to encourage and bolster modernization of 
the agricultural sector and improve the living conditions of farmers and the rural population. 
The Congolese authorities want to make agriculture one of the key sectors in the country's poverty 
reduction and development strategy. They aim to  restore the country's food sovereignty with 
a view to addressing the spike in prices of ag ricultural products, reducing poverty and food 
                                               
123 Online information from the General Directorate of  Treasury of the French Republic. Viewed at: 
http://www.tresor.econom ie.gouv.fr/pays/congo. WT/TPR/S/285 • CONGO 
- 225 - 
  insecurity, while increasing export capacity for Congolese agricultural products on international 
markets. 
4.6.  The Congo has adopted a new strategy for the period 2004-2013. Several projects 
have been conducted to that end, including the introduction of a National Food 
Security Programme (PNSA); the Agricultural Development and Rural Roads Rehabilitation 
Project (PDARP); the International Fund for Agricultural Development through its rural development support programme (PADEF), which coordinates three rural development projects 
(PRODER); and the Agriculture Support Fund (FSA), established in 2005. 
4.7.  With the support of donors and developmen t partners, the Congolese authorities are using all 
means to try and revive the sector, including by pu tting an end to the isolation of the rural areas, 
developing agricultural villages and appealing for foreign investors, without any significant results 
hitherto. 
4.8.  To that end the development partners are supporting the Congolese Government in its aim 
to increase and diversify its agricultural, livestock and fisheries output. Within that framework 
the FAO plans to develop agricultural statistics for the Congo through a general survey 
of agriculture and livestock, to be conducted with the support of the Congolese Ministries 
of Agriculture and Planning in conjunction with a number of technical and financial partners. 
The Government intends to pursue the basic lines of its agricultural policy. They include 
the construction of a third agricultural village and continuing with the distribution of a second batch of tractors and agricultural machinery with a view to opening up farming hubs in the departments of Niari, Kouilou and Cuvette-Ouest. 
4.9.  The principal support measures for farmers are: exemption from the business licence fee
124; 
exemption from personal income tax (IRPP) for those with income under CFAF 265,000125; 
distribution (free of charge) of tested seeds by the authorities (rice, cassava, maize, groundnuts, 
potatoes); continuation until 2016 of the exemption from duties and taxes on agricultural inputs 
and machinery; and various investments to develop the rural sector (including the repair of rural roads). Agrifood enterprises may receive subs idies under the National Investment Charter 
(Chapter 2). Additionally, an Agricultural Techniques Demonstration Centre has been opened 
to train agricultural technicians. 
4.10.  Private property is now recognized in the Congo. However, it should be noted that the State 
retains possession of lands in rural areas by virtue of Law 25-2008 of 22 September 2008 on 
the agricultural land ownership regime, while recognizing the right to require registration 
of persons settled on rural land rural who, at the date of entry into force of the law, had carried 
out construction work, fitted installations or implemented changes that constitute a permanent 
development. The coexistence of a statutory land ownership regime and a customary land 
ownership regime, especially in rural areas, sometimes gives rise to difficulties in proving land titles and the rights deriving from them. Accord ing to the authorities, the State has acknowledged 
the situation and all owners are henceforth required to regularize their situation and to take 
the necessary steps to obtain a land title that is recognized in law. The Government is currently making efforts to reduce the time taken to issue land titles. The State also retains a right of expropriation on grounds of public purpose.
126 
4.11.  The simple average of tariffs applied to agricultural products in accordance with the 
International Standard Industrial Classification of All Economic Activities definition (including livestock, fisheries and forestry) is 23.6% (und er the CEMAC CET), well above the overall average 
of 18.1%. The mixed escalation of the tariff on agricultural products should also be noted, caused 
by the relatively strong protection afforded to unprocessed agricultural products (common report, 
Chapter 3.1.4). The tariff structure affects the competitiveness of Congolese products, especially 
processed agricultural products. Other duties and taxes, including internal taxes, are also levied 
on agricultural products. 
                                               
124 Article 279 of the General Tax Code. 
125 Article 95 of the General Tax Code. 
126 Additional texts: the Constitution, Law No. 9-2004 of 26 March 2004 enacting the Code 
on State Ownership and Law No. 11-2004 on the procedure for expropriation on grounds of public purpose, Law No. 24-2008 on the land ownership regime in urban areas. WT/TPR/S/285 • CONGO 
- 226 - 
  4.12.  According to the authorities, the Government is aware of this sector's importance 
in the life of the nation and has taken measures recently to promote the agricultural sector. The 2013 Finance Law provides for a reduced tax rate of 2% of the CET on inputs and equipment for the agricultural, horticultural, forestry and fisheries sector. 
4.13.  Staple foods (for example sugar, wheat flour, rice, and salted or smoked fish) require 
approval of their ceiling prices (Chapter 3), wi th the aim of controlling supplies and prices on 
the domestic market. In principle, sugar may not be imported and imports of wheat flour are 
subject to a quota of 12,000 tonnes per quarter (Chapter 3). Agricultural products (including food) 
may also be subject to sanitary and phytosanitary measures such as a ban on importing live animals of the avian species and products derived therefrom (Chapter 3). 
4.1.3  Policy by subsector 
4.1.3.1  Sugar 
4.14.  The sugar subsector is organized around the Agricultural Company for 
the Industrial Refining of Sugar (SARIS-Congo).
127 This company is an agro-industrial sugar 
complex comprising sugar cane plantations and a plant for raw sugar production and refining 
in Nkayi in the south-west of the country. SARIS -Congo is the only sugar producer in the Congo 
and has a monopoly of its production in the country. 
4.15.  SARIS-Congo resumed sugar production in 1999, and around 70,000 tonnes of sugar were 
produced in 2011 of which almost 50% was exported to neighbouring CEMAC countries. Before the European quotas were dismantled, 20,000 tonnes were exported to the markets of the EU and the United States under preferential tariff quotas. 
4.16.  On 20 March 2012 the company resumed manufacture of lump sugar using 
a new ELBA-type production chain in operation at Moutéla industrial base. SARIS-Congo had not had any agglomerating machinery since 2007 following the company's closure as a result of the 
armed conflict in the country. The first trials  of the equipment took place last February. 
The acquisition of the machinery will allow the company to increase its production from 70,000 tonnes of sugar per year to 100,000 tonnes between 2015 and 2016. 
4.17.  Because of the reform of the European su gar market, the company, with the help of EU 
and other aid, implemented the national strategy  to restructure the sugar subsector and improve 
the Congolese industry's competitiveness. Resources of CFAF 2.3 billion (€3.5 million) were provided in the 10
th European Development Fund (EDF) to th at end. The strategy should enable 
the sugar industry to undertake the investments and reforms necessary for diversification, 
improvements in competitiveness and enhancemen t of commercial and entrepreneurial capacity. 
The estimated CFAF 13.3 billion funding required for the restructuring plan should in part be met 
by the company's shareholders. 
4.18.  Until 2009, like the other ACP countries, the Congo was among the duty-free sugar 
exporters to the European market. 
4.19.  In addition to State participation in implementing this plan, SARIS-Congo has been 
approved under the G regime of the National Investment Charter (Chapter 2) and will be given preferential tariff quotas for sugar on the EU and the United States markets. 
4.20.  Imports of refined sugar (made from sugar cane) are among the most protected agricultural 
products in the Congo. In addition to customs duty of 30%, there is also a ban on importing 
refined sugar, with the possibility of obtaining a special import authorization in the event of shortages (common report, Chapter 3, section 3. 1.4); the product is also subject to approval 
of a ceiling price (Chapter 3).  
                                               
127 SOMDIAA holds 66% of its capital and the remainder is held by the Congolese State. WT/TPR/S/285 • CONGO 
- 227 - 
  4.1.3.2  Fishing 
4.21.  Fishing is an important subsector. It ge nerates many direct and indirect jobs, provides 
a living for thousands of people and supplies around 60% of the national consumption of fish protein (the remainder comes from imports).
128 In 2002 the subsector employed 59,418 people 
among whom there were 29,213 fishermen, 15,780 smokers, 1,390 curers (salting), 
5,535 restaurateurs and 7,500 distributors. Today fishing accounts for 1.70% of GDP, a share that has remained relatively constant since the beginning of the 2000s. 
4.22.  Annual catches were estimated at 57,000 tonnes in 2010, of which 85% came 
from small-scale marine or coastal fishing. Domestic production is not enough to meet consumption, which is around 70,000 tonnes (25-26 kg per inhabitant/year and 60% of the intake of proteins of animal origin), and domestic needs are partly covered by imports of fish in frozen 
form (70% of imports) or salted (30%). According to the FAO, the potential annual catch 
is 88,000 to 100,000 tonnes. In 2011 catches by the small-scale fishing industry were only just above 13,000 tonnes.
129 
4.23.  Sea and coastal fishing in the Congo is mainly small-scale or industrial 
(out of Pointe-Noire port); and inland waters support only small-scale fishing. 
4.24.   The fish caught near consumption centres is sold fresh, whereas in the interior 
it  is processed on the spot because there are no  conservation facilities, either by smoking or 
by salting and drying. This task is performe d exclusively by women, who are very active 
in processing and marketing fish, taking care of around 80% of the activities associated 
with smoking, curing and salting. Aquaculture, based on farming Tilapia, is in its early stages. 
4.25.  Although the Congo's fisheries have pote ntial (around 80,000 tonnes per year for marine 
waters and around 100,000 tonnes per year for coastal waters), fisheries development is nonetheless hampered by several obstacles such as instability of institutions, obsolescence 
and inappropriateness of means of produc tion and the lack of infrastructure. 
4.26.  The Congolese authorities are seeking to establish fishing and aquaculture as a modern, 
industrialized sector ready to play a full role in providing food and employment. They thus 
envisage providing fishing and aquaculture with  viable equipment and basic infrastructure 
(such as fishing ports, fish markets, microbiological and chemical analysis laboratories, modern landing points, international-class facilities for preserving and curing fish to enable fishermen and fish-farmers to work in conditions that meet the necessary hygiene standards). Production will 
have to increase. 
4.27.  The Government also has to improve aquaculture, in particular fish-farming. 
Aquaculture production will have to support coastal and marine fishing production. 
The Government is relying on aquaculture development to encourage the perpetuation of 
the country's fishery resources. 
4.28.  The legal and regulatory framework for fisheries in the Congo comprises laws, ordinances, 
decrees and orders. An analysis of the texts governing the Congolese maritime sector shows that 
much remains to be done to improve, streamline an d optimize regulation so that it dovetails more 
neatly with the Government's objectives for the sector. Fishing at sea requires an annual fishing licence granted by the Ministry of Fisheries and Aquaculture. The licences are subject to payment 
of fees depending on the vessel's autonomy. Information on catches is collected with the aim 
of managing fisheries resources. The Congo has not signed any fishing agreement with any country. Nevertheless, foreign vessels may be author ized to fish in the Congo's territorial waters; 
because of lack of resources, they are not closely monitored. 
4.29.  Since 14 June 2010 the Congolese State has defined the conditions governing 
the exploitation, conservation and management of biological resources in the coastal waters under 
its jurisdiction together with any associated activities (among others).
130 The law lays down 
                                               
128 Republic of the Congo (2010b). 
129 Online information from the General Directorate of  Treasury of the French Republic. Viewed at: 
http://www.tresor.econom ie.gouv.fr/pays/congo. 
130 Law No. 3-2010 of 14 June 2010 on the organization of coastal fishing and aquaculture. WT/TPR/S/285 • CONGO 
- 228 - 
  the various taxes that apply to coastal fishing and aquaculture operations, and provides 
for penalties for violations. Additionally, Orders Nos. 9102 MPA-CAB and 5060 MPA/MDMM, Decrees Nos. 2011-320, 2011-318 and 2011-319 from the same period, bolster the drive for organizational improvements to operations in the sector. Moreover, the General Tax Code 
offers shipowners the freedom to choose the type of tax suited to their operations. To that end all 
industrial fishing enterprises are either public  limited companies (S.A.) or limited liability 
companies (SARL). They are registered under the tax scheme in line with their real profits and 
consequently are subject to payment of corporation tax at the main rate of 38%. 
4.30.  Parallel to the taxes laid down in law there is an extensive, complex system of parafiscal 
taxes whose origin lies chiefly in institutional regulations issued by administrative entities that have no authority to levy them. This parafiscal system is the work of a large number of actors 
and/or structures; it applies both to professional small-scale marine fishing and to coastal fishing. 
Moreover, it has considerable impact in small-scale marine fishing as shown in the summary of taxes (Table 4.1).
131 
4.31.  The average tariff protection on fishery activities is 24.8% with rates ranging 
from 10% to 30% (common report, Chapter 3, section 3.1.4). 
4.32.  The principal obstacle to the development of the fishing industry in the Congo, including 
the limited appeal to foreign vessels of the Congolese flag, is excessive taxation. The fiscal 
and parafiscal tariff structure does nothing to encourage efforts to improve competitiveness in the subsector, including substantial investment in the renewal of industrial fishing equipment and the motorization of dugout canoes. 
4.33.  The result is that fishing companies' prof it margins are squeezed, making it difficult for 
them to go ahead with other investment and impossible for them to create new jobs. The Investment Charter could genuinely have incentiviz ed actors in the fisheries sector because it 
offers benefits as follows: exemption from customs duties by way of temporary admission or 
duty-free entry for research activities; a 50% reduct ion in registration fees for company formation; 
full exemption from profits, corporation and personal income taxes; and application of a zero-rate 
of VAT on exported products. However, it is extr emely difficult for the fishing companies to qualify 
for these benefits because of the cost and the onerous nature of administrative procedures. Furthermore, shipowners have shown no interest in the scheme. 
4.34.  In order to revive the sector the Congo has adopted several regulatory texts 
on sustainable
 fishing, and those most worthy of note are as follows: Decree No. 2009-33 
of 6 February 2009 laying down provisions on the mesh-sizes of nets and maritime fishing gear; 
Decree No. 2011-317 of 26 April 2011 laying down the conditions for the pursuit of professional 
small-scale marine fishing; Decree No. 2011-319 of  26 April 2011 establishing the procedures for 
the conduct of technical visits to fishing vessels in waters under Congolese jurisdiction, and Decree No. 2012-174 of 12 March 2012 on the stat us of observer on board a fishing vessel. 
                                               
131 Republic of the Congo (2011c). WT/TPR/S/285 • CONGO 
- 229 - 
  Table 4.1 Parafiscal taxes on fishing, 2013  
No. Description  Amount in CFAF  Purpose  
1 Tax on shark fishing permit – large vessels 300,000 CFAF/year Ministry of Fisheries 
2 Shark tax – small vessels 150,000 CFAF/year Ministry of Fisheries 
3 Shark tax – fixed nets 12,500 CFAF/year Ministry of Fisheries 
4 Tax on shark fins 2,000 CFAF/fish Ministry of Fisheries 
5 Hygiene tax for fish processing 75,000 CFAF/year Ministry of Health 
6 Extinguisher tax 20,000 CFAF/year Fire service 
7 Sardine cannery tax 25,000 CFAF/year Ministry of Fisheries 
8 Railway transportation tax 3,000-4,000 CFAF 
depending on item Ministry of Transport 
9 Charge for small-scal e fishing professional 
card  10,000 CFAF/year Ministry of Small and 
Medium-Sized Enterprises 
10 Registration of canoes 2,000 CFAF Ministry of Fisheries 
11 Shipping manifest CFAF 200/tide The Navy 
Source: Information provided by the Congolese authorities. 
4.35.  Since 2001, the Congo has been included in the list of countries that are deemed to satisfy 
the conditions for recognition of equivalence with the health requirements determined by 
the EU132, and regularly exports around 1,000 tonnes of crustaceans annually to Spain. The Congo 
has established a laboratory in Pointe-Noire to conduct the necessary microbiological and chemical analyses.
133 
4.36.  The Congo has signed agreements with other countries on fisheries matters. 
Under those agreements, Congolese legislation provides that industrial fishing in waters under Congolese jurisdiction is re served for the following: vessels registered 
in the Republic of the Congo; vessels of States that have concluded a fisheries agreement with 
the Republic of the Congo; vessels of foreign operators who have concluded a contract with the marine fisheries authority authorizing them to fish in waters under Congolese jurisdiction; and to fishing vessels chartered by a Congolese operator. Additionally, any purchase or charter 
of a fishing vessel is subject to prior authorization by the marine fisheries authority. 
The conditions governing the chartering of foreign fishing vessels are laid down in regulation. 
4.1.3.3  Forestry
134 
4.37.  Forestry is the largest subsector in Congolese agriculture. It is the main private sector 
employer; it provides 10,000 direct and 30,000 in direct jobs or 2.4% of all employment for 
the economically active population and ranks second in terms of a source of export revenue 
(Chapter 1). Production and exports have grown significantly since the Congo's previous TPR 
(Table 4.2). 
4.38.  The Congo's forests are found in three mountainous areas: the Kouilou-Mayombe 
mountains (1.5 million hectares) and the Chaillu-Niari mountains (3.5 million hectares), 
in the south of the Congo, and the Nord-Congo mountains (7.5 million hectares). Of 
the country's approximately 22.5 million hectares of forest, some 18.4 million hectares can be exploited commercially and 10 million hectares are concession areas. The Congo also 
has 70,000 to 83,000 hectares of limba and eucalyptus plantations in the Pointe-Noire region. 
According to the authorities, the Congo's 14 protected areas cover over 3.7 million hectares, divided into three national parks, six reserves, three hunting areas and three sanctuaries. 
4.39.  Under the National Forestry Action Plan (PAFN) adopted in 1994, the main regulatory 
instrument in this subsector is the Forestry Code enacted in 2000.
135 Some of the innovations 
                                               
132 Commission Decision of 12 February 2001, amending Decision 97/296/EC. 
133 Decree No. 2005/517 of 26 October 2005. 
134 This section is mainly based on information provided by the Congolese authorities and on the 
following documents: International Tropical Timber Organization (2006); FAO (2005); French Embassy in Cameroon, Economic Mission in Yaoundé (2005); FAO (2001). 
135 Law No. 16-2000 of 20 November 2000. The other texts include: Law No. 48-83 of 21 April 1983 
determining the conditions for the conservation and exploitation of wild fauna; Law No. 52-83 of 21 April 1983 
containing the Code on State Land and Property (w hose implementing texts have never been adopted); 
and Law No. 03-91 of 23 April 1991 on environmental protection. WT/TPR/S/285 • CONGO 
- 230 - 
  introduced by the Code include the requirement that 85% of logs should be processed 
on the spot136; in practice, processing mainly takes the form of sawing and has not reached 
the 85% target, with the shortfall being the su bject of a surcharge (Chapter 3.1). According 
to the International Tropical Timber Organizati on (ITTO), this regulatory framework provides 
the basis for sustainable forestry management137 and is being implemented in the Congo138, 
apparently making the country one of the first countries in the world to do so.139 The forests 
in the Congo Basin are covered by the Treaty on  the Conservation and Sustainable Management 
of Forest Ecosystems in Central Africa.140 
4.40.  According to the Code, forests are classified into State forest, national public forest 
and private forest. State forest is split up into Forest Management Units (UFAs), as laid down in an order by the Minister responsible for water resources and forests; there are 34 such Units 
ranging between 0.2 to 1 million hectares in area.
141 In the mountains in the south of the country 
(where logging dates back to the colonial era), th e Units are of medium size, but are much larger 
in the north (where logging only started recently) with a view to attracting investors capable 
of exploiting the timber on a large scale (at least 100,000 m3 annually) by building roads and 
setting up facilities for primary processing on the spot. It is easier to ship timber in the south of the country because of proximity to the Pointe-N oire port than in the north, where the timber 
must travel over 1,200 kilometres of rural roads to the port of Doula in Cameroon.
142 Completion 
of the works on national road No. 2 to Ouesso will greatly facilitate the shipping of timber in the north of the country. 
4.41.  UFAs are exploited for commercial purposes by the holders of concessions issued by the 
water resources and forestry administration. The concessions comprise industrial processing 
agreements (for a maximum period of 15 years); management and processing agreements (for a maximum period of 25 years); permits for the harvesting of plantations; and special permits 
(restricted to Congolese nationals, non-governmental organizations and associations 
established under Congolese law). Industrial processing and management and processing agreements are awarded following a tendering pr ocess. In total, concessions awarded in 2010 
covered 12,669,626 of the country's estimated 17, 116,583 hectares of forest area. This figure 
relates only to the long-term forest concessions (more than 15 years) that account for the bulk of Congo's exploitable forest. 
4.42.  Under the Forestry Code, the UFAs are moni tored by officials from the water resources and 
forestry administration. Concession holders draw up management plans (for 25 to 35 years) 
in collaboration with foreign or Congolese business consultants and forestry administration offices.
143 Of the 12,669,300 hectares of forest given over to logging, 9,937,952 hectares, 
or 78.44%, is managed, of which 3,598,129 hectares are the subject of management plans that 
have already been approved by the Government of  the Republic. The aim is that with the support 
of the French Development Agency (AFD), by 2015 the concession holders will be managing all 
                                               
136 Article 48 of Law No. 16-2000 of 20 November 2000. 
137 ITTO (2005) defines sustainable forest management (SFM) as: "The process of managing forest 
to achieve one or more clearly specified objectives of management with regard to the production of a 
continuous flow of desired forest products and serv ices without undue reduction of its inherent values 
and future productivity and withou t undue undesirable effects on the physical and soci al environment". 
138 According to the ITTO (2006) "The stage therefore seems set for the forestry sector – particularly 
in northern Congo – to expand the area of forest under SFM, provided that issues related to local communities 
and the over-hunting of certain mammal species can be addressed". 
139 ITTO (2006). 
140 This Treaty, which established the Commission fo r Central African Forests (COMIFAC), was adopted 
at the summit of Heads of State of Central Afri ca held at Brazzaville on 4 and 5 February 2005. 
The implementation of the convergence plan drawn up  for this purpose links donors to the Congo Basin 
Forest Partnership (CBFP), launched at the Johannesburg summit in September 2002. 
141 Online information from the General Directorate of  Treasury of the French Republic. Viewed at: 
http://www.tresor.econom ie.gouv.fr/pays/congo. 
142 In order to ship timber through the Pointe-Noire port, it has to be sent down by water, taken out 
of the water and stored in Brazzaville and then transporte d by rail to Pointe-Noire. Th is means that the timber 
cannot be shipped within the time- limits expected by the operators. The Congolese authorities estimate 
the loss in terms of service purchases for shipping timber through Cameroon at around CFAF 40 billion. 
143 According to the authorities, these plans are very costly, amounting to around CFAF 2,500 
to 3,500 per hectare. Donors only finance this type of plan on an exceptional basis (for example, 
the French Development Agency financed the KABO UFA plan). The authorities also point to the lack of suitably  trained officials. WT/TPR/S/285 • CONGO 
- 231 - 
  the forest for which concessions have been granted; the AFD is currently implementing a support 
project for the sustainable management of forestry concessions in the centre and south of the Congo. The management plans must comply with the principle of sustainable development.
144 
The Congo's first forestry management plan was adopted in March 2006 and covers the Kabo UFA 
in Ouesso, an area of 296,000 hectares allocated to  the Congolaise Industrielle du Bois (CIB). 
Other management plans covering a total area of 3,302,129 hectares have been adopted and allocated to Industrie forestière de Ouesso (IFO), CIB, Bois et plaquage de Lopola, Mokabi SA, 
and Likouala Timber. The overall management pl an covers a total area of 3,598,129 hectares. 
Additionally, concessions covering the UFAs of Kabo, Gombe, Pokola, Loundaingou and Toukoulaka, an area totalling 2,478,943 hectares , is the subject of a sustainable management 
forest audit by the Société générale de surveill ance (SGS) and has been given eco-certification 
by the NGO Forest Stewardship Council (FSC). 
4.43.  The State forest covers 22.5 million hectares, of which 12.7 million are allocated 
to production of commercial timber by concession holders. Logging is dominated by a few large 
enterprises including CIB and IFO. Since 1 January 2010 all exports of logs have been prohibited 
with a view to promoting domestic added value within the industry.
145 The authorities have 
indicated that this measure has led to an increase in the number of processing facilities. 
4.44.  Since 15 March 2008, the Republic of the Congo has been involved in the FLEGT 
negotiations with the EU aiming to conclude a Voluntary Partnership Agreement (VPA) which will allow only legally sourced wood to be imported into  Europe. With a view to the signature of a VPA, 
the Congolese Government undertook to reform an d improve its system by announcing a series of 
challenges relating to procedures for forest control and traceability of timber for the forestry 
administration to address. 
4.45.  In line with the authorities' aim to en courage industrialization of the timber sector, 
operators in the industry are increasingly required to step up local processing of logs taken from 
the forests. The minimum processing rate requ ired by the State is generally 85%. Owing to 
the international crisis, however, the rate was reduced by way of exception to 70% in 2008, 
a measure that was extended to 2011 with the option for operators to trade quotas with each 
other; the measure was annulled in 2012. The real rate of industrialization in the subsector has risen to 57% for the Congo as compared to 54% for Central Africa as a whole between 2005 and 2008. 
4.46.  Some 38 timber processing units: 26 sawmills, four veneer plants, three plywood plants, 
two slicing plants and one chipping plant
146 (governed under private law) are listed in 
the forestry sector, which employs some 10,000 people.147 National logging output has increased 
sharply since 1999 and amounted to 1.4 million m3 in 2006 (Table 4.2). According to 
the authorities, logging increased further over  the period 2006-2007 for three main reasons: 
(i) the upgrading of the transport infrastructure; (ii) the creation of new logging 
companies; and (iii) increased processing capacity (Table 4.2). Log production today has 
reached 1,500,000 m3. The FAO estimates the potential for some 50 types of commercial species 
to be around 2 million m3 of logs annually, without jeopardizing  the forests' capacity to regenerate. 
The Ministry of Forestry Economics and the Environment has set the year 2007 as the date 
for achievement of this target, along with that of an output of 445,000 m3 of sawn wood.148 
                                               
144 In the course of 2006, the Congo intends to adopt national Principles, Criteria and Indicators (PCI) 
on sustainable development, based on the harmonized PCI of the ITTO and the African Timber Organization 
(ATO). 
145 The Forest Code sets aside 15% of log production  from each enterprise to export and 85% for local 
processing to promote domestic value added within the industry. 
146 Online information from the General Directorate of  Treasury of the French Republic. Viewed at: 
http://www.tresor.econom ie.gouv.fr/pays/congo. 
147 The largest concessions are held by the Congolaise Industrielle du Bois (CIB ) and Industrie forestière 
de Ouesso (IFO). Other companies working in this subsector are subs idiaries of European, Malaysian 
or Chinese companies. Pursuant to Article 53 of the Fore stry Code: "Forestry companies with foreign capital are 
required to open their registered capital up to Cong olese citizens", but this provision has not yet been 
implemented for a number of  reasons, including difficulties in obtaining bank finance in the Congo. 
148 Ministry of Forestry Economics and th e Environment (2005) (in French only). WT/TPR/S/285 • CONGO 
- 232 - 
  Table 4.2 Trend in the production and expo rt of forest woods, 2006-2007 and 2010-2012 
(m3) 
 2006  2007  2010  2011  2012  
 Production  Export  Production  Export  Production  Export  Production  Export  Production  Export  
Logs 1,329,696 632,665 1,331,951 522,497  1,314,281  798,954  1,462,990  855,739 1,528,825 702,742  
Sawn  
wood 258,679 181,365 268,180 209,122  178,228  132,187  227,649  147,478 223,031 162,279  
Veneer 2,224 3,968 45,986 15,307  35,021  18,038  33,788  22,152 31,747 20,618  
Plywood 7,456 2,980 10,381 1,755  25,060  167 18,620  5,443 24,543 1,573  
Round 
wood 163,183 135,282 268,648 250,746  386,694  62 300,445  33 337,160 . 
Chips . . . .  351,524  318,430  258,213  195,298 332,449 148,356  
.. Not available. 
Source: Congolese authorities. 
4.47.  Various taxes are levied on timber exports (Chapter 3.1). Since 2003, the Congo has 
brought its taxation into line with that in other countries in the subregion. Together with the cost 
of timber shipment, this change has been a factor in holding back growth in the subsector, especially in the north of the country. 
4.2  Mining, energy and water 
4.2.1  Mining products 4.48.  The Congo has large deposits of mineral re sources, although their extent is not yet fully 
clear because no in-depth studies have been conducted. The resources include gold, copper and 
diamond. The promotion of the mining sector is  a response to the objective of diversifying 
the basis of the Congo's economy as set out in the PRSPII. 
4.49.  The award of the "Boko Songho" and "Yanga -Koubanza" permits will enable copper, lead 
and zinc production to resume in the west Bouenza mining basin. The Canadian company 
MagIndustries' Kouilou Potash and Magnesium Project anticipates imminent mining of the potash and magnesium deposits. It is also expected that one of its subsidiaries, Mag-Metals, will install 
an on-site smelting furnace for magnesium to produce 60,000 tonnes of the metal per year, 
or 15% of world consumption. 
4.50.  The regulatory framework has not changed substantially since the previous review in 2006. 
The 2005 Mining Code, administered by the Minist ry of Mining, governs research, prospecting, 
exploitation, holding, transport and processing of mineral or fossil substances. According to the Code, the State owns the mineral or fossil substances on national territory, including those in territorial waters, as well as all the relevant technical data and information collected by mining 
companies.
149 
4.51.  Decree No. 2007-274 adopted on 21 May 2007 lays down the conditions governing 
research, prospecting and exploitation of minera l substances and administrative supervision. 
According to Article 5 of that Decree, a mining ti tle must be obtained in advance in accordance 
with Articles 18, 25, 39, 45, and 57 of Law No. 4 of 11 April 2005 for any activity involving prospection, exploration or exploitation of mine ral substances. The mining licences required are 
as follows: prospecting permit (for one year, renewable for one further year); exploration permit 
(for three years, renewable for two further two-year periods); small-scale mining permit (three years, tacitly renewable for the same period); industrial mining permit (five years, renewable for five-year periods); operating permit (for a maximum of 25 years, renewable 
for maximum periods of 15 years); and permits to  hold, transport and process precious mineral 
substances. 
4.52.  Since 2007 the country has again been party to the Kimberley Process and adopted 
the following texts to give effect to its participation: Decree No. 2008-336 of 22 September 2008 
on the establishment and composition of the Pe rmanent Secretariat of the Kimberley Process; 
                                               
149 Law No. 4-2005 of 11 April 2005. WT/TPR/S/285 • CONGO 
- 233 - 
  Decree No. 2008-337 of 22 September 2008, establishing procedures for implementing 
the Kimberley Process Certification Scheme; and the Order supplementing certain provisions contained in Decree 2007-247 of 21 May 2007, with a view to the implementation of 
the Kimberley Process Certification Scheme.
150 
4.53.  The Mining Code discourages speculation by requiring any Congolese company that holds 
a mining permit to mine its concessions. Article 100 of the Code empowers the Government to award itself, free of charge, a minimum share of  10% of the capital from each mining project 
with the option to acquire further shares. The amendment to the Mining Law placed before 
the Senate in 2010 included changes in taxati on rates and amendments to the procedures 
for awarding and renewing small-scale mining permits. The establishment of a Geological and Mining Research Centre was also debated. Law No. 14-2010 codifies the investment agreement 
in potash mining signed by MagMinerals Potasses Congo SA and the Government in 2008. It is 
a partnership between MagMinerals (90%) and the Government of the Congo (10%). 
4.54.  In order to rationalize the taxation and le vy system the authorities have abolished all duties 
and taxes charged by public authorities, together with duties collected upon delivery of certain 
administrative acts unless such charges are provided for in a law, CEMAC regulation or treaty.
151 
4.55.  The guarantees given to approved comp anies include freedom to transfer profits and 
dividends abroad, along with the proceeds from sa le of their investment. The temporary admission 
procedure (with relief from import or export duties and taxes, except for the automation fee) applies to machinery and equipment needed for geological surveying and mapping, as well as during the exploration and start-up phases and when expanding capacity. Holders of mining 
permits must pay the standing charges, an area royalty, a mining royalty on export earnings and 
a tax on geomaterials for building.
152 
4.56.  The importation of mineral substances is su bject to payment of duties and taxes, including 
a maximum tariff of 30% and VAT at 18%, as well as an excise duty of 24% (Chapter 3) 
on precious stones. The export of mining products is  regulated. In addition to producers, officially 
approved offices which buy and sell precious mineral substances are recognized as exporters. 
According to the authorities, trade in uncut diamonds in the Congo continues. Following 
its suspension from the Kimberley Process in 2004, the Congo was readmitted as a full member of the process in 2007. Additionally, the legislat ion provides for a 2% supplementary exit duty 
(DAS) and the possibility of exemptions but in prac tice there have not been any exports that could 
justify application of the exemption. 
4.2.2  Petroleum products and natural gas 4.57.  Petroleum remains one of the most important resources in the Congo. The country has 
proven reserves of 1.6 billion barrels, as indicate d in a report by the Ministry of Hydrocarbons, 
and is the fifth largest oil producer in Sub-Saharan Africa after Nigeria, Angola, Gabon and Equatorial Guinea. Petroleum production is high (10-15 million tonnes/year), and there are 
still large reserves in existence. Most of the o ilfields are offshore and are exploited by foreign 
companies, in some cases with the involvement of the Société nationale des pétroles du Congo  
(SNPC), the company that manages the share of hydrocarbons production accruing to the State under production-sharing agreements. 
                                               
150 PRSP 2008-2011 Completion Report. 
151 Henceforth delivery of the following is to be free of charge: all acts and documents on civil status, 
including birth certificates, national identity cards, pa ssports, copies and extracts from birth certificates and 
civil marriage certificates; documents drawn up by judicial authorities, including judicial records, certificates of 
nationality and court decisions; documents drawn up by the trade authorities including trader's cards, import 
and export declarations, price approval s, advice of balance, authorizatio ns to pursue, transfer and extend 
commercial activities; documents drawn up by transpor t authorities, including driving licences, measuring, 
departure and capacity certificates , the information certif icate for the registrati on document and other 
authorizations; documents drawn up by the police force, the gendarmerie and the health authority; 
applications for State-recognized examinations and competitive examinations; State-recognized degrees (published on 8 October 2011). 
152 Article 157 of Law No. 2005-04 of 11 April 2005. Taxes are 5% on metals and precious stones; 
1% on thermal or mineral waters; 5% on geomateria ls for building, materials for the ceramic and other 
industries; 3% on all other mineral substances. WT/TPR/S/285 • CONGO 
- 234 - 
  4.58.  Since 2008, Total E&P has operated the deep-water permit for Mogo-Bilondo where 
the Contracting Group (comprising Total E&P Congo (53.5%), Chevron (31.5%), SNPC (15%)) has invested over US$2.9 billion at end 2010 for production of around 90,000 b/d. Its principal competitor, the subsidiary of the Italian company ENI, produced half that amount, i.e. 30% of 
the total (97,000 b/d). The other players are subs idiaries of the following groups: Maurel&Prom 
(France), Perenco (Franco-British), Esso (United Kingdom) and Murphy (USA). SNPC, a Congolese public company, manages the national wells and has minority shareholdings in 
certain fields.
153 
4.59.  According to the authorities, total output is expected to be over 100 million barrels per year 
once the new Litanzi and Nsoko oilfields are on-str eam. Congolese oil is generally of fairly good 
quality, not very heavy and containing little sulphur. The Congo is among the leading group 
of oil-exporting African countries, behind Angola, Nigeria and Equatorial Guinea. Oil accounts 
for almost 90% of export receipts and 2/3 of GDP. Output is expected to peak in 2011 at 350,000 barrels per day.
154 
4.60.  The regulatory framework has not changed substantially since the previous review in 2006. 
Prospecting, exploration, exploitation, st orage and transport up to the point where 
the hydrocarbons are shipped are governed by the Hydrocarbons Code adopted in 1994, 
together with its implementing texts.155 Under the Code, the State owns the hydrocarbons on 
the national territory, including those in its territorial waters, as well as all the relevant technical data and associated information collected by the oil companies. The three mining licences required 
are the prospecting permit (one year, renewable for one further year); the exploration permit 
(four years, renewable for two further thre e-year periods); and the operating permit 
(20 years maximum, renewable for a maximum period of 5 years).
156 The latter two titles 
are subject to the conclusion of a production-sharing agreement with the State157, where 
the State's share is around 30-32% of national output.158 The agreement must be approved by 
a law and its terms must be transparent. 
4.61.  Oil companies are eligible for a special VAT-exempt regime for goods (whether imported 
or of national origin)159, and for services and works provided by subcontractors working directly 
in petroleum activities.160 Oil companies must give priority to local personnel when recruiting and 
to Congolese suppliers for services. Companies engaged in prospecting, exploration, exploitation and transport are subject to corporation tax
161, a mining royalty in proportion 
to output (at a rate of 15%) and an area royalty. 
4.62.  Only duly authorized persons may export petroleum products and engage in their transit 
and re-export. Export of crude oil is subj ect to payment of a number of duties and 
taxes (Chapter 3). 
4.63.  As part of the reforms introduced in the hydrocarbons sector, the Government has 
established a regulatory authority known as the Downstream Petroleum Regulatory Authority 
(ARAP)162; it is responsible for ensuring the proper introduction of mechanisms to stabilize supply 
and regularize distribution of petroleum products on the national market, overseeing the accumulation and management of strategic stocks and security stocks, ensuring the proper 
                                               
153 Online information from the Ministry of the Econ omy and Finance of the French Government. Viewed 
at: http://www.tresor.economie.gouv.fr. 
154 Online information. Viewed at: http://www.tresor.economie.gouv.fr [5 October 2011]. 
155 Law No. 24-94 of 23 August 1994. 
156 The operating permit also entitles the holder to construct pipelines to transport the hydrocarbons 
within the Congo. The transport rates applied by companies whic h provide this type of service to third parties 
are regulated by the State. 
157 Article 34 of Law No. 24-94 of 23 August 1994. 
158 "Interview avec M. Jean-Baptiste Tati Loutard, Ministre des Hydrocarbures ", 16 April 2002 
(in French only). Viewed at: http://www.winne.com [14 May 2005]. 
159 Decree No. 2001-522 of 19 October 2001. 
160 Law No. 3-2000 of 1 February 2000. Subcontracting in the petroleum sector requires approval by 
the Minister responsible for hydrocarbons and paymen t of an annual fee amounting to CFAF 1.5 million 
(Order No. 1214 of 19 March 2001). 
161 For companies legally established in the Congo, the rate is 38% on pr ofits. In the case of companies 
that operate intermittently or are in a precarious situation, the rate is 35% on 22% of the turnover 
(Article 126 ter of the General Tax Code). 
162 Law No. 31-2006 of 12 October 2006 establishing the Downstream Petroleum Regulatory Body. WT/TPR/S/285 • CONGO 
- 235 - 
  introduction of mechanisms to stabilize the price of petroleum products on the national market by 
means of a fund and monitoring compliance with regulations, terms and conditions and standards 
applicable to downstream petroleum sector activities. Transparent management of the financial resources earned from the petroleum industry in  the Congo and its improvement are one of the 
cornerstones of State action (Chapter 1). 
4.64.  The SNPC is responsible for marketing the State's share of the oil under production-sharing 
agreements. Moreover, responsibility for distribu ting and marketing petroleum products has also 
been given to Total/Fina/Elf, Chevron/Texaco , Afric', and the Puma Energy/X-Oil (PEX) 
Consortium.
163 The Société congolaise de logistique (SCLOG), set up in July 2002, is responsible 
for storage and mass transport of finished petroleum products within the Congo.164 Gas and 
liquefied petroleum (LPG) assets were sold to the joint venture FAAKI/SNPC in October 2001 and 
the sale of SNPC shares to Congolese operators should occur in the near future; the lubricant 
manufacturing plant (UFALU) has been privatized and re-purchased by SOLUPAC, a subsidiary of 
the SAPRO Group. 
4.65.  The company Congolaise de raffinage (CORAF) manages the only refinery; it has 
nominal capacity to handle around 1 million tonnes annually.165 CORAF's technical facilities 
comprise six basic production units including a topping and conversion plant alongside utility units 
(storage and boilers) and off-site units (pipes, wharves). Its output of butane, premium grade 
petrol, white spirit, jet fuel, gas oil and light fuel oil covers all the Congo's needs, estimated to be around 530,000 tonnes of crude annually; the remainder of its output is exported. All its output is transported to the storage facilities of the SNPC , a State-owned enterprise. The Government is in 
the process of modernizing its infrastructure.  
4.66.  The ceiling price of petroleum products marketed and consumed on the domestic market is 
regulated by Order No. 1/MHC/MEFB/MCCA of 14 January 2008 revising the price of petroleum 
products covered by the price structure. The pric e structure for each product is determined in 
a decree, whether the product is part of CORAF's output or imported, and takes into account global prices. The factors taken into account by the Technical Committee for the sector downstream 
of petroleum activities when determining the pric e of petroleum products include the profitability 
of the following: logistics companies authorized to engage in storage and mass transport (SCLOG), 
approved refining companies (CORAF and any other company to be set up in the subsector), the authorized distribution and marketing companies (Total/Fina/Elf, Chevron/Texaco and 
the Puma Energy/X-Oil (PEX) Consortium, Afric', SN PC Distribution), and the approved transport 
companies (SCLOG and small private transporters). Profit margins are determined annually by negotiation with the companies concerned. The ceiling price takes into account 
the 10% customs duty on imported petroleum products (8% on staple products), value added tax 
(18% of the import price), and the VAT  charged on each service provided.
166 The consumer price 
is based on the distribution mark-up determined on the basis of the simple average of import 
prices (converted from United States dollars into CFA francs) and the price of the product delivered 
by CORAF. The distribution mark-up (at the pump) is  updated in line with any significant variation 
in the components of the price structure. The ce iling price for the sale of petroleum products 
to the end consumer is therefore determined and updated on the first of each month in a joint 
order issued by the Ministers responsible for hy drocarbons, finance and trade, on the basis of 
the components of the price structure.167 
                                               
163 Decree No. 2002-260 of 1 August 2002. 
164 The SCLOG comprises the oil companies Total, Ch evron-Texaco, the Puma Energy/X-Oil Consortium 
(PEX) and the Congolese State represented by the SNPC, each holding 25% of its capital. 
165 "Interview avec M. Nestor Mawandza,  Directeur Général de la CORAF " (in French only). Viewed at: 
http://www.winne.com [14 May 2005]. 
166 Decree No. 2001-522 of 19 October 2001 determines the applicability of VAT in the petroleum 
subsector. With the exception of consumption required for exploration, developmen t, production, transport, 
storage and marketing of crude hydrocarbons, when petr oleum products are put up for sale on the domestic 
market they are subject to VAT. 
167 See, for example, Order No. 4268 of 26 May 2006. WT/TPR/S/285 • CONGO 
- 236 - 
  4.67.  The Government may subsidize the price of petroleum products in order to promote 
domestic industry.168 Butane gas, the basic energy used to prepare food, and kerosene, used for 
lighting in villages, are subsidized by the State. 
4.68.  The Congo signed the Extractives Industries Transparency Initiative (EITI) in 2004.169 
In March 2013, the Congo was classified among the EITI-compliant countries.170 
4.2.3  Electricity 4.69.  The Congo has vast potential in hydroelect ricity, gas and petroleum. Nonetheless, people's 
access to energy in many forms (electricity, oil and gas) is very poor. According to the results 
of the Congolese Household Survey, in urban ar eas, the most common form of lighting is oil 
lamps (70.1%) followed by electricity (27%). In rural areas, oil-lamps are the principal source 
of lighting for 97%. Around 70% of poor people  use wood fuel for cooking compared to 44.1% 
of average-income households. 
4.70.  The authorities intend to increase nation al power capacity to around 700 MW by 2015. 
Demand for electricity is driven by mining enterprises in process of being set up. With the 
liberalization of the sector that followed the ad option of the Electricity Code (Law No. 14-2003 
of 10 April 2003) new generating plant was built, including: Imboulou (120 MW), Côte Matève Gas 
Power Station in Pointe-Noire (300 MW), and the Congolese Electricity Generating Company 
(SCPE), whose sole shareholder is the State, and generates electricity using diesel- and 
gas-powered thermal stations (32.25 MW). Various feasibility studies are also under way, namely: Sounda (1,000 MW), Chollet (Nki) 600 MW, and the second facility at Djoue (15 MW). 
4.71.  Despite supply from these new companies the Congo's electricity supply problem persists. 
Output levels remain low and the country faces serious load-shedding problems (Table 4.3). 
Moreover, its virtual monopoly of supply notwithstanding, the National Electricity Company (SNE) is experiencing difficulties in fulfilling its statutory duties and there are numerous power cuts 
(some 150 a year). Facilities are maintained and repaired on an ad hoc basis and only in response 
to emergencies; the equipment is obsolescent or in operative. Most industrial users have to employ 
standby generators to protect themselves from the frequent interruptions in supply and avoid 
serious production losses, a factor that increases their production costs. 
4.72.  The legal framework for the energy industry  continues to be provided by Law No. 14-2003 
of 10 April 2003 enacting the Electricity Code. Other laws and associated implementing texts have also been issued, including Law No. 015-2003 esta blishing the National Rural Electricity Agency, 
Law No. 016-2003 of 10 April 2003 establishing the Electricity Regulatory Agency, 
and Law No. 017-2003 of 10 April 2003 establishing the Electricity Development Fund. 
Table 4.3 Power generation in the Congo in 2012 
(MW) 
Power station  Power (MW)  Location  Description  
Moukoukoulou (4x18.5) or 74 Bouenza Hydraulic 
Djoué (not in operation) (2x7.5) or 15 Brazzaville To be restored 550 MW 
(hydro) 
Gas turbine (2x25) or 50 Pointe-Noire Gas/diesel 
BZV power station (10x3,259) or 32.25 Brazzaville Fuel/diesel 
Imboulou (4x309) or 120 Léfini Hydraulic 
Electricity Station of the Congo (2x150) 300 Pointe-Noire Gas (Ipp) 
Total  651.5    
Source: Ministry of Energy of the Congo. 
                                               
168 For example, Article 28 of the Establishment Agreement between the Republic of the Congo and 
the Company SARIS-Congo, 24 March 2005, grants this co mpany a concessional VAT rate on hydrocarbons 
corresponding to 35% of the taxable value. 
169 Online information. Viewed at: http://www.itie-congo.net. 
170 EITI Report, March 2013. WT/TPR/S/285 • CONGO 
- 237 - 
  4.73.  The selling price of electricity is determined by government decree following a proposal 
by the agency responsible for regulating the electricity sector.171 The price is the same throughout 
the Congo. The current price scale dates back to 1994.172 I m p o r t  o r  e x p o r t  o f  e l e c t r i c i t y  
requires a permit issued by the Ministry in charge of electricity following consultation with 
the Electricity Regulatory Agency. Imports of elec tricity by the SNE are not exempt from customs 
duty of 10% and are also subject to VAT (18%). 
4.2.4  Water 
4.74.  The situation in relation to drinking water supplies in the Congo is similar to that 
of electricity. According to the authorities, the proportion of the population with access 
to drinking water has increased slightly from 48.5% in 2006 to 74.3% in 2012. The proportion with access to a better sanitation system rose from 10.2% in 2006 to 44.9% in 2012 
(Results-Based Country Strategy Paper 2008-2 012). Aware of shortcomings in water supply 
coverage, the Government has provided the sector with a legal reference framework in the form of 
Law No. 13-2003 of 10 April 2003 enacting the Water Code. The Code determines 
the requirements for activities in the subsecto r and those governing the entry of new producers.
173 
4.75.  The country has had a regulatory framework for rural water engineering since 2008 in 
the form of Law No. 38-2008 of 31 December 2008 establishing the National Rural Water 
Engineering Agency. The Water Regulatory Authority (ORSE) is responsible for regulating, 
overseeing and monitoring the activities of wa ter services operators in the Congo. Its terms 
of reference, approved under Decree No. 2008-66 of 3 April 2008, determine its composition and its rules of operation. 
4.76.  The National Water Supply Company (SNDE) has a monopoly of the means of production 
and the supply of drinking water, as well as of sanitation and waste water plants. The SNDE is included in the privatization programme; launched in 2006, a programme to modernize 
its infrastructure that began in order to prepare the SNDE for being put out to concession is now 
coming to an end. The selling price of water is  determined by the Government, on the basis of 
a proposal by the Water Regulatory Agency.
174 
4.3  Manufacturing 
4.77.  The Congo's manufacturing sector is fairly modest (Chapter 1), and is essentially made up 
of agrifood companies (for example, the sugar co mpany, bakeries and cake  manufacturers, dairy, 
mineral water, tobacco and beverage industries), companies manufacturing packaging, paints, 
aluminium articles, a cement works, companies pr ocessing wood into articles or furniture, 
and the petroleum-based chemical industry.175 Like the economy as a whole, the manufacturing 
sector has long been disadvantaged by the socio-political crisis that the country experienced 
in the 1990s. The processing units have been cut off from their sources of supply, as a result of 
which they have been unable to operate at full capacity. 
4.78.  The sector's poor performance is apparent ly explained by its high dependence on imports 
of foreign capital goods (70 to 90%), frequent power cuts, the high costs of finance, and 
the poor integration of industry.176 
4.79.  Since 2008, the Government has been introducing industrialization policies with a view 
to reducing poverty and generating national weal th, based largely on the Integrated Industrial 
Revitalization Programme which seeks to improve industrial performance by focusing on two key 
subsectors – agrifood and the timber and timber-derived products – and by having regard to the very limited capacities of development support institutions in the private sector, especially for 
                                               
171 This authority was created by Law No. 16-2003 of 10 April 2003. The price of electricity is 
CFAF 49.08/kWh, plus VAT at 18% and a surcharge of CFAF 2/kWh. 
172 Order No. 681 of 19 March 1994. Low voltage electricity costs CFAF 49.08/kWh plus VAT at 18% and 
a surcharge of CFAF 2/kWh. 
173 Law No. 13-2003 of 10 April 2003. 
174 The price is CFAF 130/m3, plus charges at 0.25786% and surcharges of 4.08%. 
175 Online information. Viewed at: http://www.congo-site.biz/v1x/ebiz/annu_cat.php?id=18.  
176 Online information. Viewed at: 
http://www.lesafri ques.com/congo-brazza-/l-in dustrie-manufacturière. WT/TPR/S/285 • CONGO 
- 238 - 
  the development of SMEs and small and medium-s ized industries. The principal trade measures 
applied to the sector consist of protective tariff rates that vary somewhat irregularly from one industry to another. 
4.80.  Imported manufactures are also subject to  internal taxes such as VAT and, in some 
instances, excise duty (Chapter 3). The highest taxa tion applies to beverages (85%), as a result of 
the customs duty of 30%, the excise duty of  24% and VAT of 18%, among other charges. 
4.81.  The simple average of MFN tariffs applied in the manufacturing sector (ISIC definition) 
is 18.4%, with a large number of imported manufactures subject to a 30% rate and also to other 
import duties and taxes (common report, Chapter 3). Derived from the CEMAC's CET, this tariff 
structure does not encourage investment in agrifood industries because the relatively strong protection afforded to agricultural raw materials makes those materials relatively high-cost. 
In addition, the high level of effective protection given to the majority of industries, with 
the exception of the timber and wood articles industry and non-metallic mineral products (common report, Chapter 2), affects the competitiveness of the Congolese manufactures 
concerned on foreign markets. Furthermore, the tariff structure does not support the objective 
of promoting exports of processed wood or non-metallic mineral products. 
4.4  Services 
4.4.1  Overview 
4.82.  Services employ the vast majority of wage-earners, even though certain commercially 
traded services such as business and road and rive r transport are mainly provided by the informal 
sector. They make a significant contribution to the formation of GDP (Chapter 1). Formal financial 
services are not sufficiently developed to finance the expansion of the private sector needed 
to diversify the Congo's economy, which re mains dependent on petroleum resources. 
4.83.  Transport development is a pivotal compon ent of Congolese economic policy. As part of 
diversifying the economy, the country therefore n eeds to address the major challenge of improving 
transport networks, the energy supply and telecommunications. The revitalization of the maritime sector has to include the Pointe-Noire Autonomous Port (PAPN), the gateway for river trade 
with Central Africa, and Brazzaville Port. 
4.84.  The process of bringing the isolation of certain regions to an end and linking the capital 
with Pointe-Noire Port (the second-largest city in the country and the nerve centre for economic and commercial activities), will necessarily entail modernizing the road network. The Congo is also 
in favour of projects to establish links with it s neighbours that were introduced by CEMAC and 
the New Partnership for Africa's Development (NEPAD) and others, with donor support. Basic telecommunications services also form part of this vision. 
4.85.  The Congo has made few commitments under the GATS other than those in tourism. It did 
not take part in the negotiations on basic telecommunications services or in those on financial services, concluded in 1997. 
4.4.2  Transportation
177 
4.4.2.1  Water transport 4.86.  The two major rivers in the Congo, the Congo and the Oubangui, are navigable up to the 
border with the Central African Republic and make  up a major river transport network. The Congo 
River is the second largest in the world by fl ow-rate after the Amazon (up to 75,000 m³/s). 
                                               
177 The principal references for this section ar e publications by the economic services of 
the Directorate-General of Treasury of Congo Brazzaville of May 2012. Online informat ion on transportation in 
the Congo from OT Africa Line, viewed at: http://www.ota l.com/congo; Congolese Shi ppers Council, viewed at: 
http://www.ccc.cg/.www. congo-site.com; and IZF.net at the page L'actualité du Congo . Document 
implementing the development of marine activities with a view to maritimizing the economy of Pointe-Noire 
city – Trans Africa Project, Overview of public transport in Sub-Saharan Africa, 2009. 
http://www.uitp.org/knowledge/pics/2009/transafrica.pdf  PRSP of the Republic of the Congo, analysis 
paper, October 2007. WT/TPR/S/285 • CONGO 
- 239 - 
  The Autonomous Port at Brazzaville is the princi pal border crossing between the Republic of the 
Congo and its large neighbour, the DRC. It is also the main multimodal transfer point for trade with the Central African Republic (CAR) and Cameroon, and is on the Tripoli-Windhoek Trans-African Highway. 
4.87.   The deep-water Autonomous Port at Pointe-Noire (PAPN) is among the leading ports in the 
Gulf of Guinea. It used to be part of the rail network but its management was subsequently entrusted to various bodies, including the Transequatorial Communications Agency (ATEC) and 
then the TransCongolese Communications Agency (A TC). In 2000 the port gained autonomy as a 
public industrial and commercial establishment. Today, the Congolese maritime sector is characterized by: its low attractiveness to private investment, despite the country's assets and potential; insufficient use of maritime opportunities and trades; government willingness to 
promote and sustainably develop activities so that the door is opened to other, related activities. 
4.88.  The massive investment in modernization in recent years should enable the PAPN 
to consolidate is role as the subregion's principal transit and transshipment port. It will have 
a storage capacity of over 4,000 Twenty-foot Equiva lent Units (TEUs). Congo Terminal should also 
supply neighbouring ports in the subregion in transshipment by becoming the reception point for vessels that are too heavy for Douala (Cameroon), Luanda (Angola) or Matadi (DRC). 
According to the authorities, the introduction  of a maritime single window (Gumar) and 
a system to combat customs fraud and the tra fficking of hazardous products is under way. 
The Pointe-Noire port development provides pr eferential access not only to the Congo but 
to several of its neighbours. Around 70% of Congolese external trade travels by sea. 
4.89.   The re-establishment, currently unde r way, of the rail and road "land corridor" 
to Brazzaville provides the country with an exceptional asset for development. It is one of the best opportunities for diversifying an economy that is too heavily dependent on oil 
and creating a genuine network of private businesses. 
4.90.  The Autonomous Port at Brazzaville and Secondary Ports (PABS) and the PAPN are public 
industrial and commercial establishments that manage the ports of Brazzaville and Pointe-Noire 
respectively. Handling and storage services at the PABS may be supplied by private persons. 
The PAPN handles around 2.2 million tonnes of ex ports and 0.6 million tonnes of imports each 
year. 
4.91.  Maritime transport rates are set freely by shipowners and cabotage is allowed. 
The Congolese Maritime Transport Company (SOCOTRAM) is a State-owned enterprise that is 
the national shipping company
178, and as such has national traffic rights for 40% of the cargo 
under the traffic-sharing agreements concluded under the auspices of the UNCTAD.179 The role 
of SOCOTRAM is therefore to provide: transport by sea for the share of traffic that falls to 
the Republic of the Congo, maritime links betw een Congolese ports and the rest of the world, 
and national cabotage; its role also includes playing a leading part in activities associated 
with maritime transport. Shipowners must pay SOCOTRAM a fee for all import or export cargo, 
even though traffic-sharing has been abolished by the Congo.180 The Congolese Shippers Council 
(CCC), set up in 2000181, is the other government body active in the maritime transport subsector. 
Its tasks are to support the Congolese transport chain. The CCC is self-financed through revenue 
from the electronic cargo tracking note (ECTN), as well as through the registration fees which 
shipowners must pay (section 3.1.1). 
4.92.  Foreign natural or legal persons may be authorized to pursue maritime and auxiliary 
transport professions in the Congo subject to equity participation by Congolese nationals 
i n  a n  a m o u n t  t o  b e  d e t e r m i n e d  b y  O r d e r .  T h e  o r g a n i z a t i o n  o f  a u x i l i a r y  a c t i v i t i e s  i n  p o r t  (piloting, towing, berthing) is determined by Order of the Minister for the Merchant Navy.
182 
Prior approval from the Minister for the Merchant Navy is required for engagement in any activity 
                                               
178 Order No. 1134 of 24 May 1990. 
179 The 40-60% allocation between foreign and Congolese shippers was abolished in the Congo in 1997. 
180 Under Order No. 1567 of 29 May 2000, the fee is set at US$4/tonne or m3 for general cargo, 
including timber imported and exported; US$2/tonne or m3 for imported or exported hydrocarbons. 
181 Ordinance No. 8-2000 of 23 February 2000. 
182 Decree No. 2000-19 of 29 February 2000 determining the conditions governing approval for and 
the pursuit of maritime professions and auxiliary professions in the transport field. WT/TPR/S/285 • CONGO 
- 240 - 
  concerned with the construction, modification, repair, or improvement of vessels. These conditions 
are the same for both nationals and foreigners. The Congo does not have a shipbuilding industry. 
4.93.  The International Code for the Security of Ships and Port Facilities (ISPS Code) came into 
effect in the PAPN on 1 July 2004. It is a new comprehensive security regime that is intended 
to establish international cooperation among governments, government bodies, the maritime 
transport and port industries, in order to determ ine and implement measures to prevent incidents 
affecting the security of ships and port facilities involved in international trade. 
4.94.  The Congo has signed the UNCTAD Intern ational Convention on the Code of Conduct 
for Liner Conferences. It is a member of the Maritime Organization of West and Central Africa (OMAOC), whose aim is to support the member  countries' maritime transport policies. 
For this purpose, the Congo has submitted its li st of GATS Article II exemptions, which concern 
maritime transport.
183 
4.4.2.2  Air transport 4.95.  Air transport is divided between two main international airports (Maya-Maya in Brazzaville 
and Agostino Neto in Pointe-Noire) and a few aerodromes giving access to the interior of 
the country. A third international airport has been built in Ollombo, in the north of the country. As a result of the liberalization of air transport, Congolese air space has become vibrant nationally 
and internationally. Seventeen airlines serve Brazzaville and Pointe-Noire airports. 
4.96.  Foreign presence and traffic rights given to foreign companies serving the Congo are 
governed by bilateral agreements. These generally cover joint operations by Congolese and foreign companies and third and fourth freedoms. To date , the Republic of the Congo has signed 37 out 
of 40 bilateral agreements. Foreign companies are only authorized to provide the fifth freedom 
(cabotage services) on a temporary and exceptional basis, under the responsibility of the Minister 
for Civil Aviation. The Congo has not signed an y open skies agreements. However, the Congo 
is party to the Yamoussoukro Treaty on the liberalization of access to air transport markets 
in Africa and to 44 bilateral air agreements, of which 13 are in operation. 
4.97.  Since the previous TPR the number of commercial aircraft movements (domestic 
and international networks), passengers (domestic and international flights); and the volume 
of cargo (in tonnes) has been steadily rising, evid encing the recovery in this sector (Table 4.4). 
Table 4.4 Trend in flight and cargo movements in the Congo, 2006-2012  
 2006  2007 2008  2009  2010  2011 2012  
Movements of 
commercial and 
non-commercial aircraft 57,013
 66,102 62,030  58,802  51,048  40,855 36,563  
International 10,861  12,504 13,370  11,107  12,381  10,972 12,287  
Domestic 46,152  53,598 48,660  47,695  38,667  29,883 24,276  
Number of 
passengers 1,261,561  1,392,866 1,470,186  1,554,685  1,612,283  1,677,656 1,849,563  
International 254,009  292,827 341,804  307,429  410,222  432,423 485,428  
Domestic 1,007,552  1,100,039 1,128,382  1,187,256  1,202,061  1,245,233 1,364,135  
Cargo (kg) 82,277,014  138,343,672 178,125,643  191,123,007  145,525,689  73,200,263 50,790,765  
International 5,324,093  8,880,036 13,185,341  18,905,153  36,000,686  19,003,317 24,524,039  
Domestic 76,952,921  129,463,636 164,940,302  172,217,854  109,525,003  54,196,946 26,266,726  
Source:  Information provided by the Congolese authorities. 
4.98.  The commercial management of the international airports BZV, PN and Ollombo is 
subcontracted to AERCO against payment. The dome stic airports are managed by the national CAA 
(Table 4.5). Air navigation services are provided by Agency for the Security of Aerial Navigation 
in Africa and Madagascar (ASECNA) at BZV and PN. At the other airports, including Ollombo, 
air navigation services are provided by the national CAA; airport assistance by Congo Handling (BZV and PN); and catering by ServAir and Cambatani. 
                                               
183 WTO document GATS/EL/21 of 15 April 1994. WT/TPR/S/285 • CONGO 
- 241 - 
  Table 4.5 Remuneration ta ble for the national CAA 
Category Amount in CFAF 
Fee for developing the Cong o's airports CFAF 15,000 
Civil aviation fee  
 International and regional CFAF 13,500 
 Domestic CFAF 2,500 
Passenger fee 
 International and regional CFAF 12,240 
 Domestic CFAF 3,500 
Cargo fee 
 International and regional  35 CFAF/kg 
 Domestic 20 CFAF/kg 
Parking fee 120 CFAF/tonne/hour 
Fuel fee 3.4 CFAF/litre 
Landing fee 
Domestic airports 
 International and regional traffic 
 1-15 tonnes CFAF 2,604 
 16-25 tonnes CFAF 1,043 
 26-75 tonnes CFAF 2,096 
 76-149 tonnes CFAF 2,939 
 150 tonnes and over CFAF 2,755 
  National traffic  
 Minimum amount CFAF 2,699 
 1-14 tonnes CFAF 197 
 15-25 tonnes CFAF 782 
 26-75 tonnes CFAF 1,573 
 76-150 tonnes CFAF 1,988 
 151 tonnes and over CFAF 1,876 
Other secondary aerodromes 
  Exceptional international and regional traffic 
 Minimum amount CFAF 5,009 
 1-25 tonnes CFAF 2,007 
 26-75 tonnes CFAF 4,031 
 76 tonnes and over CFAF 5,651 
  Domestic traffic 
 Minimum amount CFAF 5,190 
 1-14 tonnes CFAF 379 
 15-25 tonnes CFAF 1,504 
 26-75 tonnes CFAF 3,024 
 76 tonnes and over CFAF 3,824 
Source: National Civil Aviation Authority. 
4.4.2.3  Land transport 
4.99.  The Congo's road network encompasses approximately 18,770 km of roads, made up 
of 1,875 km of main roads and only 1,200 km of  paved roads; 6,551 km of various roads and 
tracks are currently under consideration or are being paved, restored or maintained. These include the 1,718 km Pointe-Noire – Brazzaville – Ouesso – Bomassa – Enyellé corridor which should 
extend towards Mbaiki in the Central African Republic; and the Djoundou – Impfondo corridor 
(200 km). When completed, these routes will enhance transit activity in the Congo and subregional trade. Access and pursuit of the profession of road haulage operator and professions associated 
with motor transport are governed by Decree No. 2011-491 of 29 July 2011. Both Congolese 
and foreign persons may provide road transport services subject to authorization and foreign hauliers are allowed to provide cabotage services.
184 
4.100.  The Congolese rail network comprises two main lines: the Brazzaville – Pointe-Noire 
line (510 km) and the Mont Belo – Mbinda line (285 km), used up until 1991 to transport manganese from Moanda (Gabon) to Pointe-Noire. There is also a new 91 km line from Bilinga to Dolisie. 
                                               
184 Law No. 18/89 of 31 October 1989 defines road transport activities. Access to this profession is 
governed by Decree No. 90/135 of 31 March 1990. Foreigners must establish a company in order to provide road transport services, while Congolese natu ral persons may engage in the profession. WT/TPR/S/285 • CONGO 
- 242 - 
  4.101.  The Congo-Ocean Railway (CFCO) is the only  rail transport service structure in the Congo. 
The CFCO is a public industrial and commercial establishment with civil personality and financial and managerial autonomy. The CFCO network enables the transportation of a high number of passengers and large quantities of goods from areas of production to areas of consumption. 
As part of railway infrastructure development the CFCO has finalized a five-year investment 
plan (2013-2017) using State funds of CFAF 742.5 billion. 
4.102.  Rail transport prices are determined by the CFCO and are subject to approval by 
the Minister responsible. 
4.103.  International texts such as the OHADA Uniform Act on the regulation of contracts for 
the transportation of goods by road; the Agreem ent on the carriage of hazardous goods by road 
(Malabo, 1999); the Inter-State Convention on multimodal Freight Transport in Central Africa; 
and the Inter-State Convention on the Transport of General Cargo by Road (model Inter-States 
consignment note for the transport of various cargo) are applied in the Congo. 
4.4.3  Tourism 
4.104.  The Congo has considerable tourism potential because of its coastline and its eco-tourism 
assets. The Congolese forest covers around 60% of the national territory. It includes protected areas, wildlife reserves, and hunting areas that encompass a range of ecosystems. The Congo is 
positioning itself as a primary destination for discovering the tropical forest and its iconic species 
such as the lowland gorilla. The "park" destinations are the attraction, especially Nouabalé - Ndoki, Odzala Kokoua, and Konkouati. The tourist industry contributes little to GDP and is dominated by hotels and restaurants (Chapter 1). 
4.105.  The Congo has a mid-range number of hotels comprising several luxury establishments 
providing admirable comfort and recreational opportunities to tourists or business travellers 
4.106.  The tourism infrastructure is mainly composed of hotels owned by private investors; and 
the State only has one hotel in Brazzaville in its portfolio. In 2011, there were 889 hotels providing 
a total of 10,084 beds. The occupancy rate was 48% in 2011; in Brazzaville it was 51.4% in 2010 (49.7% in four-star hotels in 2011). The new statistics issued by the Directorate-General 
of Tourism (survey 2006-2010) show a rise in arrivals of international travellers at the country's 
borders from 309,383 in 2010 to 342,048 in 2011. Stays by non-residents in hotels in the Congo rose to 167,587 in 2011 compared to 100,691 in 2010. 
4.107.  The tourist industry has fallen within the remit of the Ministry of Tourism and the 
Environment since the Government reshuffle of 25 September 2012. Hotels are classified 
according to international standards by the Ministry; other tourism facilities are not yet classified.
185 The most recent classification was conducted in June 2008. 
4.108.  An Order on hotel classification is in process of formulation to bring Congolese regulations 
in the field into line with the new French system under which the "five-star" rating has replaced the "luxury four-star" rating. Validation of the Order on classification and the classification scale 
is under way by the Ministry services and the text s are due to be signed shortly by the Minister 
for Tourism and the Environment. Charges for rooms and services are set freely by the operators. There are a few medium-sized private hotels in Brazzaville and other parts of the country. 
4.109.  The conditions that must be fulfilled to become a tourist operator are the same for all 
traders. However, a file of supporting documents mu st be supplied in order to obtain approval to 
operate a tourist establishment (accommodation, restaurant, cafe, travel agency, tourism complex). There is no discrimination on the grounds of the operator's nationality. 
4.110.   The Congolese authorities have put in pl ace a number of projects to develop industry and 
are encouraging the emergence and expansion of tour ism. Institutions to support the sector have 
been created to that end, namely: an office to  promote tourism whose responsibilities include 
attracting tour operators to invest in the country and seeking funding from multilateral and foreign 
                                               
185 Order No. 2710/MCAT-CAB of 26 March 2004. Document " Chemin d'avenir – de l'Espérance à 
la Prospérité " signed by the President of the Republic. Viewed at: http://www.congo-site.com/file/103768. WT/TPR/S/285 • CONGO 
- 243 - 
  institutions (World Bank, UNDP, AfDB, AFD, etc.) to support the Congo's tourism development 
programme; and a national tourism agency to develop sites and areas of tourist interest that it will operate or lease to private promoters. 
4.111.  Tourism is disadvantaged in certain ways that seriously undermine its development 
in the Congo, although it should also be noted that the geopolitical background of recent years 
has encouraged a much-anticipated burgeoning of the industry. For many, tourism is still perceived as "experimental" to the extent that is very under-developed and its share of GDP is still 
negligible. However, efforts are now under way to  make the country a destination for tourism on 
a par with its neighbours. 
4.112.  Tourism in the Congo was the subject of specific commitments under the GATS
186, subject 
to prior authorization by the Minister responsible.  The commitments related, in particular, to hotel 
and restaurant, tour operator and tourist guide services, as well as entertainment services. 
The Congo has been a member of the World Tourism Organization since 1979, and Association des agences de voyages du Congo (ANAVCO) is a member of the Africa Travel 
Association (ATA).
187 
4.4.4  Telecommunications and postal services188 
4.113.  The telecommunications and postal services subsector, reorganized as from 2001189, 
comprises the Société des postes et de l'épargne du Congo (SOPECO), responsible for postal 
services, postal orders and the national savings bank; and Société des télécommunications du Congo (SOTELCO), now known as Congo Télécom.  Congo Télécom has a presence only in fixed 
telephony but still has a monopoly of basic telecommunications services.
190 The other major 
telephony operators in the Congo are Airtel (since 1999, formerly Zain), MTN (since 2000), 
Warid Télécom (30% shares owned by Congo Télécom, the remainder by nationals of the United Arab Emirates – since 2006), and the company Equateur Télécom (Azur, 2009).  
4.114.  The mobile telephony market is ex panding rapidly; the number of subscribers 
rose by 26.51% between 2009 and 2010 to around 3.6 million in 2010. In the same year the mobile telephone penetration rate rose 17 points to 93.39% compared to 75.97% in 2009. 
Between 2005 and 2010 the number of fixed an d mobile telephony connections changed 
from 0.5 to 0.2 per 100 inhabitants and 15.8 to 94 per 100 inhabitants respectively. Moreover, during the same period, the percentage of Congol ese using the internet rose from 1.5% to 5% 
(common report, Chapter 4, Table 4.4). The teleco ms subsector represents an annual turnover of 
more than CFAF 60 billion for (agg regate) investment of CFAF 70 billi on in the two networks at end 
of 2004.  
4.115.  The Government adopted a project to reform and develop the sector for 
the year 2011-2012. The project includes the introduction of terrestrial fibre optics 
from Pointe-Noire to Brazzaville, the creation of a telecommunications infrastructure network across the national territory and the establishment of a postal bank with local access. Also viewed 
as the priority areas for 2012 are the teleservices project, covering diplomatic communications, 
e-education and e-health, the adoption of legal texts on computing pursuant to the laws of 2009 restructuring the sector, the pooling of experience  gained from public-private partnerships and 
continued cooperation with partners. 
4.116.  In terms of institutions, the Directorate-General of the Central Posts 
and Telecommunications Administration (DGACPT) was dissolved in November 2009 and replaced 
by three bodies: the Posts and Electronics Regulatory Agency (Law No. 11-2009 
of 25 November 2009); the Directorate-Ge neral of Posts and Telecommunications 
                                               
186 WTO document GATS/SC/21 of 15 April 1994. 
187 Online information. Viewed at: http://www.africa-ata.org. 
188 French Embassy in the Congo, Economic Mission in Brazzaville (2006), " Le secteur des 
télécommunications "; AfDB/OECD (2005); Interview with Mr Th ierry Moungala Lezin Moungala, Minister 
for Posts and Telecommunications, of 8 September 2010 on the history of the postal and telecommunications services. Viewed at: http://www.congo-site.com. 
189 Ordinance No. 8-2001 of 1 July 2001. Bilan télécom 2010 et perspectives 2011 pour 
le Congo Brazzaville, 10 February 2011, No. 151. Viewed at: http://www.congo-site.com. 
190 The Ministry of Tourism and Leisure, Mathieu Martia l Kani, has given considerat ion to all areas of his 
department and provided statistics on the contribution of tourism to GDP JTV-CONGO of 19 February. WT/TPR/S/285 • CONGO 
- 244 - 
  (Law No. 10-2009 of 25 November 2009); and the Posts and Telecommunications Inspectorate 
(Decree No. 2009-476 of 24 December 2009 restructuring the Ministry of Posts, Telecommunications and New Communications Technologies). Additionally, the electronics communications sector is governed by Law No. 9-2009 of 25 November 2009. 
4.117.  Since the previous TPR, there have been  no changes to the 1997 regulatory framework 
liberalizing telecommunications.
191 The Directorate-General of the Central Posts 
and Telecommunications Administration acts as the regulatory authority.192 It has been given 
responsibility for handling licence applications (licences are issued by the Minister responsible)193; 
determining and collecting the duties, taxes, charges and fees in the subsector194; and 
administering and controlling radio frequencies. Interconnection services and the related costs are negotiated between the parties concerned, but if  there is disagreement the DGACPT intervenes. 
Other communications costs are freely set by the operators.  
4.118.  According to the authorities Congo Télécom, the new name for SOTELCO, is working 
to build a customer-focused development strategy in  line with the current market trend of strong 
competition centred on new telecommunications technologies. 
4.119.  SOPECO inherited the postal componen t of the former National Office of Posts 
and Telecommunications when it was dissolved and dismantled in 2003. SOPECO has retained 
its status as a State-owned enterprise while enjoying financial autonomy. Postal services are still 
under a SOPECO monopoly, with the exception of packages weighing more than 2 kg, which are subject to competition (currently 14 operators).
195 Air letters to or from Europe take three 
to six days. For other continents, six to eight days are needed. Packages sent by sea arrive 
in two weeks to three months. 
4.4.5  Financial services 4.4.5.1  Banking services 
4.120.  Banking activities in the Congo are subject to CEMAC's common banking regulations 
(common report, Chapter 4) and to the nationally applicable rules. In 2012 there were nine banks in the Congolese banking network, all of foreign origin. This figure does not include micro-finance 
establishments. 
4.121.  The Congo has also had a flourishing micro-credit market since the introduction of 
the COBAC regulations in 2002
196, with which all micro-finance establishments (MFE) must comply 
before April 2007. The Congo had 64 micro-finance establishments in 2009, of which 34 are 
independent and the remainder belong to the Mutuelles Congolaises d'Épargne et de Crédit 
(MUCODEC) network (Table 4.6); nine establishments have been approved and 18 have received assent. The boom in micro-finance is the result of the difficulties faced by the traditional banking 
sector in providing business finance in the Cong o, even though problems caused by lack of 
professionalism in particular are still rife in this subsector. 
                                               
191 Law No. 14-97 of 26 May 1997. 
192 Decree No. 2003-169 of 8 August 2003. 
193 Decree No. 99-188 of 29 October 1999. 
194 Decree No. 2005-648 of 5 December 2005. The amount of these duties, taxes, charges and fees is 
established in Order No. 2711/MPTNCTC/MEFB of 7 March 2005. Law No. 10-2009 of 25 November 2009. Law No. 11-2009 of 25 November 2009 – Decree No. 2009-476 of 24 December 2009 – Decree No. 2009 –Ordinance No. 11 of 7 January 2007. 
195 Article 4 of Ordinance No. 10-2001 of 1 July 2001. Banques et établissements financiers au 
 Congo Brazzaville , Publications of the economic services at  the Directorate-General of the Treasury, 
November 2011. Viewed at: http://www.congo-site.com. 
196 Regulation No. 01/02/CEMAC/UMAC/COBAC. WT/TPR/S/285 • CONGO 
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  Table 4.6 Trend in the number of MFEs, 2003-2010 
MFEs/Year 2003 2004 2005  2006  2007  2008  2009 Quarter 1  
2010  
Independent MFEs 82 71 41  40 38 34 29 30  
MUCODEC network 34 35 34 34 35 35 34 34 
Total 116 106 75  74 73 69 63 64  
Source: Data viewed at http ://www.lamicrofinance.org. 
4.122.  The banking system has several structur al weaknesses, including high interest rate 
spreads and a high ratio of non-performing loans. The collateralization process is cumbersome and costly, and enforcement is weak. 
4.4.5.2  Insurance services 
4.123.  The insurance market is regulated by the Insurance Code of the Inter-African Conference 
on Insurance Markets (CIMA) (common report, Chapter 4). 
4.124.  Insurance in the Congo is experiencing a real boom linked to the sustained industrial 
growth of the last ten years or more. In 2012, there were five companies in the insurance market in the Congo: Assurances générales du Congo (AGC and AGC-Vie); the Société d'assurances et réassurances du Congo (ARC); NSIA non-vie and NSIA-vie; and since 2011, Allianz Africa, 
a subsidiary of the Allianz Group. 
4.125.  The following insurances are compulsory: import insurance on goods (with 
an insurance company authorized in the Congo, reinstated under the 2013 Finance Law after 
a three-year suspension)
197; automobile insurance198; all-risk insurance for building sites 
and 10-year civil liability199; and school insurance.200 Life assurance is optional. The regulations 
on reinsurance require a proportion to be held by local companies (25%) except 
for branches 4, 5, 6, 11 and 12 of Article 328 subject to the authorization of the Minister 
responsible for insurance.  
4.126.  The network of intermediaries is fa st expanding. There are 31 general agents, 
two international brokers (ASCOMA Congo and Gras  Savoye) and 13 local brokers including CCDE, 
H de B, 2i, MT, Global Conseils & Assurances, an d Africo. Before the relevant ministry grants 
these insurance brokers authorization to operate, they must have a CFAF 10 million financial guarantee; they must also hold professional civil liability insurance. The general agents are subject 
to the principle of exclusivity of the nominating company for a given area. The maximum 
and minimum rates of pay for insurance brokers and insurance brokerage companies authorized in the Republic of the Congo are determined under Order No. 6998/MEF-CAB. 
4.127.  According to the authorities, the annual insurance market is estimated at 
around CFAF 20 billion (€30 million excluding petroleum risks). The risk that tops the list is "other transport" with 44.47% of turnover, fo llowed by "other direct risks injury" (42.95%) 
and "fire" with 24.87%. The recently established life assurance sector is also booming. 
4.128.  With very high solvency and coverage ratios, the insurance sector in the Congo is 
also producing an overall turnover sufficient to attract large foreign insurers at a time when they appear to be withdrawing from most of the small markets in Sub-Saharan Africa (Table 4.7). 
                                               
197 Order No. 1838/MEFB-CAB of 24 December 1999. 
198 Decree No. 70/203 of 12 June 1970. 
199 Decree No. 85/755 of 1 June 1985. 
200 Ordinance No. 28/71 of 30 September 1971. WT/TPR/S/285 • CONGO 
- 246 - 
  Table 4.7 Structure in insurance markets in the Congo  
 Shareholders Authorized 
capital Coverage 
ratio Solvency  Cash provision Outstanding 
premiums 
AGC Congolese 
individuals hold 98% CFAF 1.5 million 
own capital and 2,207,635,051 of reserves 78.69% 139.35% CFAF 3,400,211,241 8,055,353,766
 
ARC Congolese State 
holds 96%. 
The remaining 
4% held by 
companies CFAF 4 million 
own capital and 
3,165,584,077 
of reserves 49.34% -621.77 CFAF 1,349,550,372 18,311,731,971  
Nsia State 
holds 66%, individuals hold 34% CFAF 1.2 million 
own capital and 1,847,568,069 of reserves 108.35% 144.52% CFAF 1,898,786,092 8,922,572,831
 
Source: Information supplied by the Congolese authorities and Rapport annuel du ma rché des assurances, 
Exercice 2011 . 
 WT/TPR/S/285 • CONGO 
- 247 - 
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- 249 - 
  5  APPENDIX TABLES 
Table A1. 1 Structure of exports, 2007-2010 
(US$ million and %) 
 2007  2008  2009  2010  
Total exports (US$ million) 6,293.2 9,169.7 8,201.5 6,917.6 
 (%) 
Total primary products 90.3 86.4 73.0 69.8 
 Agriculture 3.3 2.3 2.4 2.1 
 Food products 0.4 0.4 0.4 0.5 
0612 Other beet or cane sugar and pure sucrose, in solid 
form 0.2 0.2 0.2 0.2 
0611 Sugars, beet or cane, raw, in solid form, not containing 
added flavouring or colouring matter 0.1 0.1 0.1 0.1 
 Agricultural raw materials 2.9 1.9 1.9 1.6 
2475 Wood of non-coniferous species, in the rough or roughly 
squared, but not treated 2.1 1.5 1.4 1.3 
2461 Wood in chips or particles 0.0 0.0 0.5 0.3 
 Extractive industries 87.1 84.1 70.7 67.7 
 Ores and other minerals 0.0 0.0 0.0 0.0 
 Non-ferrous metals 0.0 0.0 0.0 0.0 
 Fuels 87.0 84.1 70.7 67.7 
3330 Crude oils of petroleum and bituminous minerals 84.1 81.6 67.7 64.8 
3425 Butanes, liquefied 0.3 0.5 0.5 1.8 
3421 Propane, liquefied 0.3 0.7 0.6 0.2 
Manufactures 9.7 13.6 27.0 30.2 
 Iron and steel 0.1 0.4 0.2 0.2 
6791 Tubes, pipes and hollow profiles, seamless, of iron or 
steel 0.1 0.2 0.1 0.1 
 Chemicals 0.1 0.1 0.1 0.1 
 Other semi-manufactures 0.8 0.7 0.8 0.8 
6996 Articles of iron or steel, n.e.s. 0.0 0.0 0.5 0.5 
6956 Knives and cutting blades, for machines or for 
mechanical appliances 0.1 0.1 0.1 0.1 
6341 Veneer sheets and sheets for plywood (whether or not 
spliced), sawn lengthwise, of a thickness not exceeding 6 mm. 0.5 0.5 0.1 0.1 
 Machinery and transport equipment 8.4 12.1 24.9 27.9 
 Power-generating machinery 0.1 0.0 0.1 0.1 
 Other non-electrical machinery 0.4 0.3 0.6 0.7 
7239 Parts, n.e.s., of the machinery of group 723 and of 
subgroup 744,3 0.1 0.1 0.3 0.3 
 Agricultural machinery and tractors 0.0 0.0 0.0 0.0 
 Office machines and telecommunications equipment 0.0 0.0 0.0 0.0 
 Other electrical machinery 0.1 0.1 0.1 0.1 
7781 Batteries and electric accumulators, and parts 0.0 0.0 0.1 0.1 
 Automotive products 0.0 0.1 0.1 0.1 
 Other transport equipment 7.8 11.6 24.0 26.9 
7935 Special boats; floating docks; platforms etc. 2.8 5.9 14.3 16.0 
7932 Ships, boats, etc. (excl. pleasure craft, tugs, etc.) 4.6 5.2 8.8 9.8 
7937 Tugs and pusher craft 0.2 0.1 0.5 0.6 
7939 Other floating structures (for example, rafts, tanks, 
coffer-dams and beacons). 0.0 0.0 0.3 0.3 
7921 Helicopters 0.0 0.0 0.1 0.1 
 Textiles 0.0 0.0 0.0 0.0 
 Clothing 0.0 0.0 0.0 0.0 
 Other consumer goods 0.2 0.3 1.0 1.1 
Compasses; other navigational  instruments and appliances; 
surveying, hydrographic, oc eanographic, hydrological, 
meteorological or geophysica l instruments and appliances 0.0 0.1 0.8 0.9 
Other 0.0 0.0 0.0 0.0 
Source: WTO Secretariat calculations based on data  from the UNSD Comtrade database (SITC Rev. 3). WT/TPR/S/285 • CONGO 
- 250 - 
  Table A1. 2 Structure of imports, 2007-2010 
(US$ million) 
 2007  2008  2009  2010  
Total imports (US$ million) 3,928.8 3,539.6 4,447.1 4,369.4 
 (%) 
Total primary products 10.7 14.5 12.0 13.3 
 Agriculture 6.1 8.7 9.3 7.4 
 Food 5.6 8.2 8.8 7.0 
0989 Food preparations, n.e.s. 0.4 0.6 0.6 0.6 
0123 Meat and edible offal of poultry, fresh, chilled or frozen 0.5 1.1 1.4 0.6 
0461 Flour of wheat or of meslin 0.4 0.4 0.5 0.5 
 Agricultural raw materials 0.4 0.6 0.6 0.4 
 Extractive industries 4.6 5.8 2.7 5.9 
 Ores and other minerals 0.2 0.1 0.1 0.1 
 Non-ferrous metals 0.2 0.2 0.1 0.1 
 Fuels 4.3 5.4 2.5 5.7 
Manufactures 89.2 85.4 87.9 86.6 
 Iron and steel 0.8 2.3 1.1 1.1 
6791 Tubes, pipes and hollow profiles, seamless, of iron or 
steel 0.4 1.2 0.5 0.6 
 Chemicals 4.2 3.3 3.0 2.8 
5429 Medicaments (including veterinary medicaments), n.e.s. 1.2 1.3 1.2 1.2 
 Other semi-manufactures 3.2 7.0 5.5 5.4 
6612 Hydraulic cements, whether or not coloured or in the form 
of clinkers 0.8 1.8 1.6 1.6 
6995 Various articles in base metals 0.3 1.0 1.1 1.0 
6996 Articles of iron or steel, n.e.s. 0.1 0.9 0.5 0.6 
 Machinery and transport equipment 76.8 65.0 75.3 74.4 
 Power-generating machinery 1.1 1.0 2.0 2.2 
7149Parts of the engines and motors of heading 714.41 and 
subgroup 714.8 0.1 0.2 0.9 1.0 
7165 Generating sets 0.6 0.6 0.5 0.5 
 Other non-electrical machinery 5.7 5.4 4.8 5.5 
7239 Parts, n.e.s., of the machinery of group 723 and 
of subgroup 7443 1.0 0.6 1.4 1.6 
7234 Construction and mining machinery, n.e.s. 0.1 0.7 0.5 0.6 
 Agricultural machinery and tractors 0.0 0.1 0.1 0.1 
 Office machines and telecommunications equipment 1.0 1.5 0.9 0.9 
 Other electrical machinery 1.6 1.7 1.9 1.9 
7731 Electrical wire and cables 0.7 0.5 0.8 0.8 
 Automotive products 2.2 2.7 2.0 2.0 
7812 Motor vehicles for the transport of persons, n.e.s. 1.1 1.2 0.8 0.8 
7821 Motor vehicles for the transport of goods 0.6 0.6 0.6 0.6 
 Other transport equipment 65.3 52.8 63.7 62.0 
7935 Special boats; floating docks; platforms etc. 43.0 31.4 43.0 41.8 
7932 Ships, boats, etc. (excl. pleasure craft,  tugs, etc.) 21.1 19.6 18.2 17.7 
7937 Tugs and pusher craft 0.9 0.5 1.1 1.1 
7939 Other floating structures (for example, rafts, tanks, 
coffer- dams and beacons) 0.1 0.1 0.5 0.5 
 Textiles 0.3 0.4 0.4 0.3 
 Clothing 0.2 0.3 0.3 0.3 
 Other consumer goods 3.7 7.0 2.4 2.4 
Other 0.1 0.1 0.1 0.1 
Source: WTO Secretariat calculations based on data  from the UNSD Comtrade database (SITC Rev. 3). WT/TPR/S/285 • CONGO 
- 251 - 
  Table A1. 3 Destinatio n of exports, 2007-2010  
(US$ million) 
 2007  2008  2009  2010  
World (US$ million) 6,293.2 9,169.7 8,201.5 6,917.6 
     
 America 18.1 17.8 15.0 14.5 
 United States 11.0 17.2 10.7 10.4 
 Other America 7.1 0.6 4.3 4.2 
 Brazil 5.8 0.2 2.4 2.4 
 Canada 1.1 0.0 1.0 0.9 
     
 Europe 10.0 18.5 25.2 24.1 
 EU(27) 8.8 18.0 23.5 21.4 
 France 1.2 9.5 13.1 12.5 
 Netherlands 3.2 2.2 3.4 2.8 
 Portugal 0.6 2.4 2.6 2.3 
 Spain 0.1 1.6 1.2 1.1 
 Italy 3.2 1.6 1.0 0.8 
 Germany 0.1 0.1 0.7 0.7 
 EFTA 1.1 0.5 1.6 2.6 
Switzerland and Liechtenstein 0.1 0.1 0.5 1.5 
 Iceland 0.5 0.0 1.0 1.0 
 Other Europe 0.1 0.0 0.1 0.1 
     
Commonwealth of Independent States (CIS) 0.0 0.0 0.0 0.0 
     
 Africa 10.0 9.5 19.2 21.7 
 Angola 5.3 1.6 11.6 13.1 
 Gabon 0.7 1.0 4.2 4.7 
 Côte d'Ivoire 0.9 0.1 0.8 0.8 
 Cameroon 1.6 0.7 0.5 0.6 
 Equatorial Guinea 0.0 0.1 0.5 0.5 
     
 Middle East 0.0 0.1 0.2 0.1 
     
 Asia 61.0 53.6 35.5 34.1 
 China 43.0 39.0 21.9 20.9 
 Japan 0.0 0.0 0.0 0.0 
Six East Asian traders 13.2 11.3 12.6 12.2 
 Chinese Taipei 8.8 6.4 7.8 7.4 
 Singapore 1.2 2.8 2.8 2.8 
 Korea, Republic of 3.0 2.0 2.0 1.9 
 Other Asia 4.8 3.3 1.1 1.0 
 India 0.4 2.9 1.1 1.0 
     
 Other 0.8 0.5 4.8 5.4 
 Bunkers  0.8 0.5 4.8 5.4 
Source: WTO Secretariat calculations based on data  from the UNSD Comtrade database (SITC Rev. 3). WT/TPR/S/285 • CONGO 
- 252 - 
  Table A1. 4 Origin of imports, 2007-2010  
(US$ million and %) 
 2007  2008  2009  2010  
World (US$ million) 3,928.8 3,539.6 4,447.1 4,369.4 
     
 America 4.0 4.1 4.6 4.4 
 United States 1.8 2.2 3.3 3.6 
 Other America 2.1 1.8 1.3 0.8 
     
 Europe 28.7 40.7 32.7 32.3 
 EU(27) 25.3 39.1 31.8 31.6 
 France 12.1 10.2 12.3 12.2 
 United Kingdom 1.2 5.1 6.8 6.6 
 Netherlands 1.9 1.8 3.7 3.8 
 Belgium 4.0 4.5 4.1 3.7 
 Italy 1.7 6.5 2.5 2.9 
 Cyprus 0.0 0.0 0.7 0.7 
 Spain 1.2 2.7 0.6 0.6 
 EFTA 3.2 1.4 0.7 0.4 
 Other Europe 0.1 0.2 0.2 0.2 
     
Commonwealth of Independent States (CIS) 0.0 0.1 0.0 0.0 
     
 Africa 60.4 44.0 39.9 41.2 
 Angola 22.1 7.5 15.3 15.0 
 Equatorial Guinea 2.0 1.8 6.3 6.2 
 Gabon 6.0 18.3 4.7 4.7 
 South Africa 7.9 1.2 3.4 3.2 
 Côte d'Ivoire 3.1 1.0 2.2 3.1 
 Nigeria 12.1 1.4 2.7 2.8 
 Cameroon 1.2 5.6 1.2 1.5 
 Namibia 3.0 0.2 1.4 1.4 
 Ghana 1.0 0.3 0.3 0.7 
 Morocco 0.2 0.0 0.6 0.6 
     
 Middle East 0.9 1.3 1.2 1.3 
 United Arab Emirates 0.7 1.0 0.9 0.9 
     
 Asia 6.1 9.8 16.3 15.8 
 China 1.9 4.3 3.6 3.5 
 Japan 0.1 0.1 0.1 0.1 
Six East Asian Traders 2.9 3.2 11.1 10.9 
 Singapore 2.3 2.0 10.3 10.1 
 Other Asia 1.2 2.1 1.5 1.3 
     
 Other 0.0 0.1 5.1 5.0 
 Bunkers 0.0 0.1 5.1 5.0 
Source:  WTO Secretariat calculations based on data fro m the UNSD Comtrade database (SITC Rev. 3).