Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 27 
 
 
  III. TRADE POLICY BY MEASURE 
(1) INTRODUCTION  
1. The DRC's applied MFN tariff is entirely ad valorem  and comprises four rates, with a simple 
average tariff of 11.3 per cent.  All the DRC's ta riff lines have been bound at ceiling rates.  The 
average bound rate is 98.1 per cent for agricultu ral products and 95.9 per cent for non-agricultural 
products, i.e. 96.2 per cent for products as a whole.  Other duties and taxes have been bound at zero for all products.  Nevertheless, a number of other dut ies and taxes are still levied, some of them solely 
on imports.  Various taxes and charges apply to im ports and domestic production alike, complying 
with the principle of national treatment. 
2. As a general rule, imports of a value of  US$2,500 or more are required to undergo 
preshipment inspection by the company BIVAC.  The corresponding inspection costs (fees) have to 
be paid by importers at the official rate of 0. 75 per cent of the c.i.f. value of the goods, with a 
minimum charge of US$100, which may in fact amount to up to 4 per cent of the c.i.f. value in question.  The DRC is finding it difficult to impl ement the WTO's Customs Valuation Agreement and 
utilizes reference values provided by BIVAC.  It has not adopted any legislation on contingency 
measures.  The DRC has not notified the WTO of an y sanitary or phytosanitary measures or technical 
regulations.  It is experiencing serious difficulti es in implementing standardization and introducing 
technical regulations and has no national accreditation body. 
3. Export duty applies to:  green coffee;  minerals  and mineral concentrates;  mineral oils;  
electric power;  logs and edged timber;  fresh wate r;  and scrap metal.  The DRC does not currently 
have any industrial free zones.  However, in add ition to the creation of special economic zones (ZES) 
the new Customs Code provides for various regimes allowing goods to be imported with suspension 
of duties and taxes.  The DRC does not have any e xport financing scheme or any export guarantee and 
insurance regime. 
4. There are two types of price control in the D RC:  maximum profit margins determined by the 
authorities for most goods and services;  and approval of prices by the Ministry responsible for the 
economy for four categories of goods and services (w ater, electricity, hydrocarbons and transport), 
deemed to be strategic.  In 2008, new price a pproval measures were also introduced for six other 
products (cereals, petroleum products, frozen foodstuffs , cement, sugar and wheat flour).  In the DRC, 
competition is not specifically regulated by any law, although the country is receiving support from 
the EU with a view to preparing relevant legislation.   The reform of State-owned enterprises is in the 
preliminary stages and there has not yet been any privatization. 
5. A new and more transparent government proc urement code was recently promulgated and 
includes national preference margins, but the impl ementing decree has not yet been adopted.  In 
addition, the DRC's industrial propert y regime is being revised to bri ng it into line with the provisions 
in the relevant WTO and WIPO agreements.  Ther e are some problems in the functioning of the 
copyright management framework, notably because the National Copyright Office (ONADA) is not 
operating.  Several products are frequently counterfeited. 
(2) M
EASURES DIRECTLY AFFECTING IMPORTS  
(i) Registration and preshipment inspection 
6. All regular importers (and exporters) must  be in possession of an import-export number 
issued by the Ministry responsible for foreign trad e against payment of an annual fee of US$250 for WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 28 
  
  legal persons and US$125  for natural persons.1  They must also use the services of an approved 
forwarding agent as a customs broker. 
7. A document entitled "Declaration", issued by an approved bank, is requi red for the import and 
export of goods whose f.o.b. value exceeds US$2,500.   For imports of goods, this is the IB form, and 
for exports the EB form.  In addition, the import of agricultural products requires an authorization 
issued by the Ministry of Agriculture. 
8. In 2008, the DRC notified its laws and regula tions on preshipment inspection.  Under a 
contract signed with the Government on 30 Nove mber 2005, BIVAC has been responsible for this 
inspection since 1 February 2006.  Inspection is mandatory for all imported goods, with the exception 
of those with an f.o.b. value of less than U $2,500, which are inspected upon arrival, and goods which 
are explicitly exempt.2  The volume and price of the goods is checked, on behalf of the customs 
administration, and their quality and conformity on  behalf of the Congolese Control Office (OCC).  
All imports irrespective of their mode of transpor t undergo preshipment inspection.  All goods subject 
to preshipment inspection are accompanied by an AV (clean report of findings) furnished by BIVAC.  
This report contains all the necessary details and is drawn up in accordance with BIVAC's terms of 
reference and in conformity with the DRC's laws an d regulations.  If there is any discrepancy between 
the findings of the preshipment inspection and the data provided by the importer, BIVAC issues an 
ARA (discrepancy report).  These reports are issued at the request of importers and following 
preshipment inspection of the goods. 
9. The documents required for preshipment inspec tion include the following:  a copy of the 
import permit or prior declaration obtained from th e Central Bank of the Congo or from an approved 
commercial bank;  a copy of the pro forma invoice for the goods, the purchase order, the price list, the 
letter of credit, and any other document which BIVA C considers necessary for supplying its services;  
a copy of the tender documents if the goods are being shipped following an invitation to tender;  and a 
copy of the contract or confirmation thereof if th e goods concerned are customarily sold on the basis 
of a sales contract.  Copies of the report are sent to the OCC and the Directorate-General of Customs and Excise (DGDA) through the OCC-DGDA coordination unit situated in BIVAC's liaison office.  It 
is planned that they should be transmitted electr onically using the BVCVA soft ware.  The original of 
the report is, however, handed to the importer, who must present it when comp leting customs formalities. 
10. An inspection and control tax is levied, amounting to 0.75 per cent of the f.o.b. value, with a 
minimum charge of US$100.
3  At a rate of 0.75 per cent, the amount of US$100 would correspond to 
imports worth US$13,333.  Consequently, for an y imports of a value ranging between US$2,500 and 
US$13,333, the charge (fee) levied is higher than 0.75 per cent and may be as much as 4 per cent for 
                                                      
1 Applications must be submitted to th e Secretariat-General of Foreign Trade. 
2 The following categories of goods are exempt from preshipment inspection but, with some 
exceptions, are inspected by the Congolese Control Office (OCC) upon arrival:  gold and precious stones;  
works of art;  explosives and pyrotech nical articles;  arms and ammunition im ported by the State;  live animals;  
fresh eggs;  fruit, vegetables, fish, meat, fresh or refrigerated (not frozen);  newspapers or periodicals;  reimport of exports from the DRC in the same state as when exported;  personal effects upon removal, including 
one motor vehicle, provided that it meets the criteria applicable to residents returning to the DRC, while all 
other vehicles must be inspected;  scrap;  parcels of no commercial value;  commercial samples;  gifts from foreign governments or international organizations to recognized humanitarian foundations or organizations;  
personal gifts;  aid from foreign governments or foreign organizations or from private persons in cases of 
disaster;  gifts and supplies imported by diplomatic and consular missions or by United Nations agencies or other international organizations entitled to duty-free import for their own needs;  and goods acquired by means 
of external grants or financing. 
3 The OCC levies preshipment inspection fees on behalf of BIVAC. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 29 
 
 
  imports amounting to US$2,500.  As the DRC is an LDC with limited revenue, it is quite likely that 
this minimum charge is frequently levied. 
(ii) Customs procedures 
11. A programme aimed at reforming and upgradin g customs procedures and structures is under 
way in the DRC.  The first in cludes the establishment of single windows for imports and exports4, to 
enable those engaged in international trade to co mplete all the formalities in one single place.  
According to the authorities, a decree limits the numbe r of institutions at the border to four, namely, 
the DGDA, the OCC, the hygiene service (comprisi ng the health and agriculture services), and the 
Directorate-General of Migration (DGM).  These four institutions also act on behalf of other entities.5  
There are several other services operating outside the single window facility, which is finding it 
difficult to function, notably because there is no single database. 
12. The second stage of the customs modernization programme involved the introduction of the 
automated customs system (ASYCUDA++) in Janua ry 2010 to replace ASYCUDA 2.7, in order to 
guarantee the transparency and efficiency of custom s clearance operations and help to improve the 
functioning of the single windows. 
13. The following documents are required for the cust oms declaration:  the AV and the supplier's 
invoice on which is affixed the inspection company' s safety label and which is certified upstream by 
the OCC.  The customs authority may also requ est the importer to provi de additional supporting 
documents.  According to Doing Business 2010 , an average of nine documents have to be submitted 
for the purposes of customs clearance in the DRC. 
14. Customs clearance must be handled by appr oved customs brokers, whose commission is 
determined by the State.6  There is a special procedure for United Nations agencies and humanitarian 
organizations, allowing dispatch from customs before clearance formalities are completed.  This is the 
"urgent clearance procedure", used for medicines and perishable goods .  An "urgent clearance" form 
must be completed by the customs broker and the regular clearance procedure has to be completed 
within one month following removal of the goods. 
15. Since 2003, the DRC has had new legislation on customs valuation based on the relevant 
WTO Agreement.  It is experiencing some problems in implementing the Agreement and uses the database of reference values furnished by BIVAC in order to determine customs value.
7 
16. The legislation provides for a right of appeal  if an importer challenges the customs value 
determined by the customs authority.  Disputes in this respect are heard by a higher authority in the 
customs administration and, in the last instance, befo re the courts.  In 2009, of the 30 disputes handled 
by Customs, 23 concerned fraud stemming from u nder-valuation, with the remainder concerning 
attempts to evade payment of duty on goods, forgery and use of forged documents, diverting the 
                                                      
4 Decree No. 05/183 of 30 December 2005. 
5 In addition to its own responsibilities, the DGDA carries out operations on behalf of the 
Directorate-General of Taxation (DGI), the Fund for the Promotion of Industry (FPI), the Directorate-General of Administrative and Government Property Revenue (DGRAD), the Multimodal Freight Management Office 
(OGEFREM), the National Insurance Company (SON AS) and the National Tran sport Office (ONATRA). 
6 Under the new Code, which is expected to come into  effect in 2011, importers will be able to declare 
goods themselves, but they will have to be represented by customs brokers. 
7 Situation of the formulation and implementation of trade policy in the DRC, document by the 
DRC delegation, May 2009. WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 30 
  
  goods from their destination, and improper applicati on of duties.  There have been 13 disputes since 
early 2010, of which seven concerned under-valuati on and the remainder mainly evasion of payment 
of duty on goods. 
(iii) Customs levies 
17. The DRC's 2010 tariff is based on the HS 2007 no menclature.  It has 5,646 eight-digit tariff 
lines (Table AIII.1).  The tariff base is the c.i.f. value of imports.8  In addition to the tariff, imports are 
subject to numerous other levies which, for the mo st part, are unjustified or disproportionate in 
comparison with the services provided. 
18. The levies imposed by various bodies on both im ports and exports are often superfluous.  The 
most prejudicial effect of the plethora of inspections and taxes is not so much their direct impact on the cost of transactions but the length of time it ta kes to complete formalities;  goods and vehicles 
transporting them are blocked while formalities are being completed (one to several weeks)
9, 
involving high charges (US$250/day) for carriers.  As  an example, the cost of transport from Bukavu 
to Mombasa (US$220/tonne) is around twice as high as the cost from Kigali to Mombasa (US$120/tonne) for the same goods and virtually the same distance.  These su rcharges are one of the 
main reasons for fraudulent exports of certain goods such as Arabica coffee in parchment form
10 from 
Kivu. 
19. In 2008, the revenue earned from the duties and taxes on imports of goods amounted to 
CDF 404 billion11 (around US$722 million), accounting for 28 pe r cent of fiscal revenue and 6.1 per 
cent of GDP. 
(a) Most-favoured-nation tariff (MFN) 
20. The DRC's tariff is entirely ad valorem  and comprises four rates (zero, 5 per cent, 10 per cent 
and 20 per cent).  The zero rate applies to stamps a nd coins.  The 5 per cent rate to capital goods;  raw 
materials;  agricultural inputs12;  pharmaceuticals;  spare parts, parts, accessories and sub-assemblies 
intended for assembly under the Completely Knocke d Down (CKD) conditional destination regime;  
automatic data processing machines;  milk and other infant food prepar ations;  and other apparatus for 
carrier-current line systems or digital line systems.  The 10 per cent rate applies to spare parts, parts, 
accessories and sub-assemblies intended for assemb ly under the Medium Knocked Down (MKD)13 
conditional destination regime;  foods tuffs for mass consumption;  spare parts;  equipment parts;  and 
accessories.  The 20 per cent rate  applies to other products. 
21. The modal rate of the tariff is 5 per cent, closel y followed by the 10 per cent rate and then that 
of 20 per cent, with only a small percentage of lines at zero duty (Chart III.1).  The simple average 
tariff is 11.3 per cent (Table III.1), with a standard de viation of 6.1, i.e. a coefficient of variation of 
0.5, so there is moderate dispersion of rates (Chart III.1). 
                                                      
8 Law No. 08/03 of 16 May 2008 amending and supplementing Law No. 0002/03 of 13 March 2003. 
9 More than 20 different bodies conduct "controls" and levy export taxes on Arabica or Cinchona at 
Bukavu. 
10 It is estimated that the volume exported illegally is at least equivalent to the exports declared to the 
National Coffee Office (ONC). 
11 IMF report on the DRC, March 2009. 
12 Agricultural inputs have been given exemption from customs duty by ministerial order.  The Tariff 
Commission is working on application of a zero rate. 
13 Eligibility for the CKD and MKD conditional destin ation regimes requires authorization from the 
competent customs authority. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 31 
 
 
  Table III.1 
Structure of customs duties, 2010 
  2010 Uruguay 
Round 
 1. Bound tariff lines (% of all tariff lines)  100.0  n.a. 
 2. Duty-free tariff lines (% of all tariff lines)  0.1  0.0 
 3. Non- ad valorem  tariffs (% of all tariff lines)  0.0  0.0 
 4. Tariff quotas (% of all tariff lines)  0.0  0.0 
 5. Non- ad valorem  tariffs without AVEs (% of all tariff lines)  0.0  0.0 
 6. Simple average MFN applied rate  11.3  27.2 
 Agricultural products (WTO definition)a  11.2  30.0 
 Non-agricultural products (WTO definition)b  11.3  15.2 
 Agriculture, hunting and forestry (ISIC 1)  10.0  30.0 
 Mining and quarrying (ISIC 2)  7.1  0.0 
 Manufacturing (ISIC 3)  11.4  26.3 
 7. National tariff peaks (% of all tariff lines)c  0.0  0.0 
 8. International tariff peaks (% of all tariff lines)d  30.3  87.3 
 9. Overall standard deviation of applied rates  6.1  7.3 
 10. Nuisance duties (% of all tariff lines)e  0.0  0.0 
a WTO Agreement on Agriculture. 
b Excluding petroleum. 
c National tariff peaks are duties that are higher than three times the simple aver age of all applied rates (indicator 6). 
d International tariff peaks are duties that exceed 15 per cent. 
e Nuisance duties are rates higher than zero,  but less than or equal to 2 per cent. 
Note: Indicator 1 is based on all the tariff lines (including in -quota lines, where appropriate);  the other indicators exclude  in-quota 
lines.  Indicators 6 to 10 are calculated on the basis of the lines for which an ad valorem  rate could be taken into account. 
Source : WTO Secretariat calculations based on data provided by  the authorities of the Democratic Republic of the Congo. 
 
22. Agricultural and non-agricultural products (WTO de finition) enjoy the same average levels of 
nominal protection, 11.2 per cent and 11.3 per cent, respectively, compared to 30 per cent and 15.2 per cent at the end of the Uruguay Round.  In ISIC terms, manufacturing is the most highly 
protected sector with an average rate of 11.4 per cent, followed by agriculture, hunting and forestry 
(10 per cent), and mining and quarrying (7.1  per cent) (Table III.1 and Chart III.1). WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 32 
  
  0.05.010.015.020.025.0Chart III.1
Escalation of tariffs by two-digit ISIC, 2010
Sourc e: 
All product s
Food products ,
beverages and tobacc o
Textiles an d
clothin g
Wood and article s
of woo d
Paper and articles o f
paper, printing an d
publishin g
Chemicals
Non-metalli c
mineral product s
Basic metal
industr y
Metal articles,
machinery an d
equipmen tNot applicableAgricultur e
Mining an d
quarryin gUnprocessed products Semi-finished products Finished products
Not applicablePer cent
WTO calculations based on data provided by the authorities of the Democratic Republic of the Congo.
Other manufacturin g
industrie s
 
23. Overall, the tariff shows a slight positive escala tion (Table III.2) from raw materials (9.2 per 
cent) to semi-finished products (9.6 per cent) and a decidedly positive one towards finished products 
(12.7 per cent).  A more detailed breakdown (ISIC) by two digits shows that this overall structure is 
the result, inter alia , of the positive tariff escalation in textiles and clothing;  paper, articles of paper, 
printing and publishing;  and chemicals.  In th ese industries, the positive escalation implies a 
relatively high level of actual protection, whic h is unlikely to boost the competitiveness of the 
products concerned and, consequently, their export.  Tariff escalation is mixed for the other industries 
(Chart III.2), which also raises a problem for the competitiveness of the goods concerned. 
Table III.2 
Summary of customs duties, 2010 
Customs duties in 2010 
Simple 
average duty Range of duty Standard 
deviation Description Number of 
lines 
(%) CV 
Total  5,646  11.3  0-20  6.1  0.5 
By HS sector      
HS 01-24  800  11.7  5-20  5.0  0.4 
HS 25-97  4,846  11.2  0-20  6.3  0.6 
By WTO definitiona      
Agriculture  741  11.2  5-20  5.2  0.5 
Live animals and animal products  99  10.6  5-20  3.2  0.3 
Dairy products  20  11.0  5-20  7.0  0.6 
Coffee, tea, cocoa, sugar, etc.  127  12.3  5-20  5.1  0.4 
Plants and cut flowers  32  6.6  5-10  2.4  0.4 
Fruit and vegetables  170  11.7  5-20  4.2  0.4 Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 33 
 
 
  Customs duties in 2010 
Simple 
average duty Range of duty Standard 
deviation Description Number of 
lines 
(%) CV 
Cereals  27  7.8  5-10  2.5  0.3 
Oilseeds and fats  74  10.8  5-20  5.3  0.5 
Beverages and alcohol  65  19.2  10-20  2.7  0.1 
Tobacco  11  15.9  5-20  7.0  0.4 
Other agricultural products  116  7.2  5-10  2.5  0.3 
Non-agricultural products (excluding petroleum)  4,890  11.3  0-20  6.3  0.6 
Fish and fish products  128  12.2  5-20  4.2  0.3 
Minerals and precious stones and metals  356  12.9  0-20  6.5  0.5 
Metals  655  10.3  5-20  4.9  0.5 
Chemicals and photographic products  898  8.1  5-20  5.1  0.6 
Leather, rubber, footwear and travel articles  180  14.1  5-20  5.9  0.4 
Wood, wood pulp, paper and furniture  342  15.7  0-20  5.5  0.4 
Textiles and clothing  935  14.7  5-20  6.2  0.4 
Transport equipment  182  9.8  5-20  6.1  0.6 
Non-electrical machinery  539  7.0  5-20  4.4  0.6 
Electrical machinery  258  10.6  5-20  4.9  0.5 
Non-agricultural products n.e.s.  417  12.4  0-20  6.7  0.5 
By ISIC sectorb      
Agriculture, hunting, forestry and fishing  302  10.0  5-20  4.5  0.5 
Mining and quarrying  100  7.1  5-20  4.3  0.6 
Manufacturing  5,243  11.4  0-20  6.2  0.5 
By stage of processing      
Raw materials  662  9.2  5-20  4.6  0.5 
Semi-processed products  1,875  9.6  5-20  5.5  0.6 
Finished products  3,109  12.7  0-20  6.4  0.5 
a There are 15 tariff lines for petroleum produc ts that have not been taken into account. 
b International Standard Industrial Classi fication of all Economic Activities (Rev.2), excluding electricity, gas and water (on e tariff 
line). 
Note: CV = Coefficient of variation. 
Source : WTO Secretariat estimat es based on data provided by the authoritie s of the Democratic Republic of the Congo. 
 WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 34 
  
  (0.1)(34.9)(34.4)
(30.3)
05001,0001,5002,0002,5003,000
Duty-free 5 10 200102030405060708090100
The figures in parentheses correspond to the percentage of all tariff lines.  Their total does not add up to 100 
because for 14 lines the applied rate has not been provided. 
WTO Secretariat calculations based on data provided by the Congolese authorities.Chart III.2
Distribution of tariff rates, 2010
Number of tariff lines
Note:
Sourc e:Percenta ge
Number of lines
Cumulative percentage (right-hand scale)
 
 
(b) Bindings 
24. The DRC has bound 100 per cent of its tariff lines  at ceiling rates, which leaves it a broad 
margin to increase its applied rates while fully co mplying with its WTO commitments.  The simple 
average bound rate is 96.2 per cent, i.e. 98.1 per cent for agricultural products and 95.9 per cent for 
non-agricultural products.  The binding at ceiling ra tes does not guarantee the predictability of the 
DRC's tariff regime. 
25. The DRC has bound other duties and taxes on all imports at zero per cent.  Nevertheless, 
several other duties and taxes in addition to the tariff  are levied solely on imports by, or on behalf of, 
various authorities. 
(c) Other duties and charges levied solely on imports 
26. Numerous taxes are levied solely on impor ted goods (Table AIII.2).  The DGDA, for 
example, levies 1 per cent of the c.i.f. value of goods as a fee. 
27. The OCC applies a 2 per cent tax on the c.i.f. va lue of imports, consisting of 0.75 per cent on 
behalf of BIVAC and 1.25 per cent for the OCC itself;  and also a flat rate of US$5/tonne for tally operations.  The Fund for the Promotion of Industry (FPI) imposes 2 per cent duty on the c.i.f. value 
of goods imported, with the exception of raw materials and imported goods exempt from customs duty.  The Multimodal Freight Management Office (OGEFREM) takes a 1.8 per cent commission on 
freight, 0.59 per cent for transshipment and the cost of the electronic import information form.  The 
National Transport Office (ONATRA) collects US$20 /tonne for handling ships at the quayside and Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 35 
 
 
  US$32/tonne for transit fees.  All import/export opera tions require a licence issued by a private bank 
against payment of US$12. 
28. In addition to these duties and charges, several other taxes and fees are levied exclusively on 
imports (Table AIII.2).  Some of these duties, tax es and charges are for the inspection or control of 
goods.  Because the amounts collected are often very  high (disproportionate in comparison with the 
inspection/control carried out), however, and are le vied several times on the same goods by the same 
or several bodies, they can only with difficulty  be considered as payment for services rendered. 
(d) Duty and tax exemptions and concessions 
29. The DRC grants several concessions (duty free /total or partial exemption) for imports.  
However, goods eligible for concessions are subj ect to the 5 per cent administrative fee. 
30. The DRC's customs regulations provide for a number of customs regimes, governed by the 
Decree-Ordinance of 29 January 1949.  A new Cust oms Code was enacted in August 2010 and should 
replace all the legislation currently in force. 
31. Temporary admission free of all import duties is  granted for goods that provisionally enter 
DRC territory.  The time-limit for their re-export ma y be extended if, for special reasons beyond the 
control of the beneficiary, it cannot be met.  Reque sts for extension must explain the reasons and be 
submitted in writing before expiry of the original deadline. 
32. Goods that are to be processed on DRC territory (inward processing) can be admitted with 
temporary exemption from import duty by means of a temporary import permit and payment of 
security for any duties or fines that may be owing.  Such permits are valid for up to 12 months.  On 
re-export, after proof has been given that the goods  imported have been used for processing, an export 
declaration is made out without payment of export duty.   In the case of articles sent to the DRC to be 
repaired, the permit is valid for six m onths, and security must be deposited. 
33. Goods in transit are exempt from import, consum ption and export duties and taxes.  Security 
corresponding to 125 per cent of the duty has to be paid, however, in order to guarantee payment of 
any duties or fines that may be owing.  The security is equivalent to the amount of the duty payable 
for definitive import plus a standing charge of 25 per cent of the c.i.f. value.  Additional security, the amount of which is determined by the Minister res ponsible for finance, may be required in the case of 
prohibited goods or goods whose definitiv e import is subject to restrictions. 
34. Total exemption is given for samples of no co mmercial value, passengers' luggage, removals 
and goods imported by diplomats appointed to the DRC for their own personal use.  Imports for aid 
purposes by the United Nations, in ternational organiza tions and NGOs are exempt from duties and 
taxes. 
35. In addition, DRC legislation provides for the establishment of government warehouses if so 
decided by the Minister responsible for finance, who also regulates the establishment and operation of 
private or personal warehouses.  He decides on th e days and hours of opening of the warehouses and, 
in general, regulates their operation (inventories, account s, etc.).  Only goods that have been properly 
declared and inspected can enter the warehouses. 
36. Under the new Code, the authorization to reim port goods in the same state is issued upon 
written request by the interested party.  A declarati on of reimport in the same state is required for all 
goods, with the exception of packaging, containers, pa llets and international means of transport.  The WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 36 
  
  customs office decides on the time-limit, which ma y not exceed 12 months, after which reimport in 
the same state is no longer allowed. 
(e) Tariff preferences 
37. The DRC does not grant tariff preferences for im ports of any origin, even though it belongs to 
several regional groups, including the Southern African Development Community (SADC) and the Common Market for Eastern and Southe rn Africa (COMESA) (Chapter II(ii)). 
(f) Internal duties and taxes 
Turnover tax 
38. The DRC also levies several duties and taxes on both imported goods and those produced 
domestically (Table AIII.2).  Among this myriad of levies are the turnover tax (ICA) and excise duty. 
39. The DRC imposes the ICA in two ways:  on imports and within the country.
14 
40. The ICA on imports is based on the c.i.f. value pl us the amount of the tariff.  It is 3 per cent 
for capital goods, and agricultural and veterina ry inputs, and 13 per cent for other products. 
41. Within the country, the ICA applies to sales in  the domestic market of locally manufactured 
products for consumption, real estate works and the supply of services rendered or used in the 
DRC when they are of a commercial, industrial or  professional nature.  For services, the tax base 
takes into account the gross amount of the invoices,  commission, brokerage fees, reductions, interest, 
discounts, bank charges, premiums or other amounts re lated to payment of services.  In the case of 
manufactures, the tax is based on the gross amount of th e sales.  For real estate works, it is levied on 
three quarters of the gross total of the invoices sent  out before deduction of any fines for delays.  
Services (including real estate works) are taxed at 18 per cent for natural or legal persons owning an 
establishment according to the texts in force15, and 30 per cent for other categories.  Taxable transport 
operations are subject to 6 per cent ICA within the country and 15 per cent inte rnationally.  Sales of 
capital goods, agricultural and veterinary inputs pay 3 per cent, while the rate for other products is 
13 per cent.  The ICA on the interest collected by ba nking institutions on loans granted to their clients, 
with the exception of interest on agricultural loan s, is 9 per cent.  Some public or humanitarian 
services are exempt from the ICA within the country.16 
Excise and consumption taxes 
42. The DRC levies excise and consumption taxes on a list of products, in accordance with the 
principle of national treatment.17  The following products are subject to excise and consumption taxes:  
alcohol and alcoholic beverages;  table water and lemonade;  manuf actured tobacco;  mineral oils;  
beauty or cosmetic products not containing hydr oquinone or mercury iodide;  hair treatment 
preparations;  pre-shave or after-shave prep arations;  soap, organic surface-active products, 
lubricating preparations and polishes, as well as shoe  cream;  articles of plastic;  articles of synthetic 
                                                      
14 Law No. 008/03 of 18 March 2003. 
15 Ordinance-Law No. 69/009 of 10 February 1969. 
16 Law No. 008/03 of 18 March 2003. 
17 The excise duty regime is governed by Law No. 08/002 of 16 May 2008, which amends 
Ordinance-Law No. 68/010 of 6 January 1968.  The latter had already been amended by Law No. 04/11 of 
5 July 2004. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 37 
 
 
  rubber;  mobile communications;  and vehicles.  The rate varies from 3 per cent to 40 per cent 
depending on the product. 
43. For imports, the customs clearance procedure for products subject to excise duty is the same 
as that for customs duty.  The base is the c.i.f. valu e plus the amount of the tariff, with the exception 
of mineral oils, for which the base is th e average fiscal price at the border. 
44. For domestic production, there are seven main fo rmalities to be completed for paying excise 
duty, namely: 
 - Declaration of work carried out (registration with the customs service); 
 
 - inventory and control of the raw materials used;   - registration of the finished products in their final commercial form;   - payment of the duty on the quantities produced, not only those to be sold or 
distributed free of charge but also tho se consumed or used in the manufacturing 
process in the manufacturer's own facilities; 
  - as the duty is ad valorem , the rate applies to the ex-factory price;  and 
 
 - declarations (every ten days) to the cu stoms and excise inspector, indicating the total 
quantities subject to the duty and the amount of the duty payable, to be settled in a single payment. 
 
(iv) Rules of origin 
45. The DRC does not have any rules of origin for non-preferential purposes.  It has notified the 
WTO that it applies the preferential rules of  origin under the COMESA and SADC regional 
agreements, but does not yet grant the preferences provided therein.
18 
46. A certificate of origin is issued for the e xport of precious substances by the Centre for 
Valuation, Expertise and Certification of Preci ous and Semi-Precious Mineral Substances (CEEC).19 
47. In the DRC, the DGDA is responsible for issui ng certificates of origin for goods exported 
under non-reciprocal preferential regimes. 
(v) Import prohibition, licensing and control 
48. Article 13 of the Trade Law prescribes that the Minister responsible for foreign trade is 
empowered to take restrictive measures, and prohibit the import of certain products deemed 
dangerous to health or prejudicial to morality.  Th e exchange regulations de fine the list of products 
subject to import licences.  The licensing regime is administered by the Central Bank of the Congo. 
49. All imports of goods require a licence, with th e exception of frontier traffic.  Automatic 
import licensing is used for statistical purposes.  N on-automatic licensing is used to administer the 
import restrictions maintained under the customs regulations. 
                                                      
18 WTO document G/RO/N/48 of 8 November 2006. 
19 Ministerial Order No. 2503/CAB.MINMINES/01/07 of 5 February 2007. WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 38 
  
  50. No deposit or payment is required for obtaining a licence.  Where there is no quantitative 
limit on the import of a product or on imports from a particular country, the licence application may 
be filed at the importer's convenience.  Any natura l or legal person may request an automatic licence, 
but if it is refused, there is no means of appeal. 
51. Information on quotas, procedures for filing non-automatic licence applications, exceptions 
and waivers is, in principle, published in the Offici al Journal.  There is no information available on 
the various quantitative restriction regimes (absol ute or relative) or the products concerned. 
(vi) Contingency measures 
52. In 2006, the DRC notified the WTO that it had not taken any anti-dumping measures during 
the period under review.20 
53. The DRC does not in fact yet have any legislation on contingency measures. 
54. Article 4 of Decree No. 0011 of 22 January 199721, which sets up a commission responsible 
for controlling the import of protected goods, allows  the possibility of taking safeguard measures in 
order to protect and boost domestic production, in conformity with the WTO's basic rules.  The DRC has not yet, however, introduced any safe guard mechanism according to the WTO rules. 
(vii) Standards and other technical regulations 
55. Under the Ministry responsible for foreign trade, the OCC is the enquiry point for 
standardization and accreditation.  Its task is to en sure compliance with the obligations entered into 
under the Agreement on Technical Barriers to Trade.
22 
(a) Standards, technical regulations, testin g, certification and accreditation procedures 
56. The DRC does not have any law on standardization, but the Ministry responsible for industry 
is in charge of the relevant policy.  Standards and technical regulations are introduced at the request of 
suppliers, consumers or the Governme nt through the ministry concerned.  The Ministry in charge of 
industry draws up an annual standardization progra mme, which is made available to the National 
Standardization Committee.  Draft standards are pr epared by the competent technical committees and 
the standards are then adopted by the National Sta ndardization Committee.  Th e Minister responsible 
for industry, by means of an Order, may make th e standards mandatory in the DRC.  Currently, the 
DRC has 217 standards concerning the following:   foodstuffs (134), steel (44), units of 
measurement (14), timber (13), cement (11), and conf ormity assessment (1).  Salt and salted fish are 
the only products subject to technical regulations in the DRC. 
57. The OCC is responsible, inter alia , for controls on imports, exports and domestic markets, 
including those relating to technical regulations a nd standards in the DRC.  The OCC was established 
by Ordinance-Law No. 74-013 of 10 January 1974 a nd is a national government institution with its 
own legal status, supervised by the Ministry resp onsible for foreign trade.  The OCC was changed 
from a State-owned enterprise to a government institu tion of a scientific and technical nature.  Decree 
No. 09/42 of 3 December 2009 clarifies the Office 's new status, responsibilities and financing.  
                                                      
20 WTO documents G/ADP/N/139/Add.1/Rev.1 and G/ADP/N/145/Add.1, both of 18 October 2006. 
21 This Decree was followed by Ministerial Order No. 013/Cab/Min/Fin&Bud/2000 of 
21 October 2000. 
22 WTO document G/TBT/2/Add.79 of 15 July 2004. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 39 
 
 
  According to this Decree, it is the task of the OCC, as a third party, to assess conformity, meaning 
inspection, certification, testing or analysis, metr ology and technical contro ls with reference to 
national, regional and/or interna tional standards.  The OCC is approved and recognized throughout 
the DRC for the issue of certificates of conformity with standards or technical regulations.  It is the 
national enquiry point for all matte rs relating to technical barriers to trade and acts as the technical 
secretariat of the National Standardization Committee, composed of representatives of the main departments.  No notification has, however, been made to the WTO concerning standards or technical 
regulations. 
58. It is mandatory for goods imported into the DRC to be inspected at the border or prior to 
shipment from the country of origin.  Control of conf ormity with standards or technical regulations is 
compulsory both for domestic and importe d products, and is performed as follows: 
 - Inspection of the production site or at the border; 
  - laboratory tests (chemical, microbiological, physical and mechanical), based on 
samples taken either at the end of the pr oduction chain when domestic production is 
inspected, upon unloading, or when tallying imported products in the course of inspection;  and 
  - certification by a third party according to ISO/IEC Guide 65 for products and 
ISO/IEC 17021 for management systems. 
 59. Any product covered by a certificate of conformity  with the standards or technical regulations 
in force may still be subject to further conformity inspection when it is imported into the DRC, unless 
there is either a mutual recognition agreement or an explicit subcontracting or cooperation 
arrangement between the body which conducted the conformity assessment ab road and the OCC.  
Even if such an agreement or arrangement exis ts, the OCC may conduct fu rther controls if it 
considers, inter alia , that there is a risk that the product may have deteriorated during its transport.  
The DRC has signed mutual recognition agreements w ith two countries, namely, with Kenya (Kenyan 
Bureau of Standards (KeBS) for standardizat ion and conformity assessment) and Zimbabwe 
(Standards Association of Zimbabwe (SAZ) for certification).  The agreement with Zimbabwe is in 
the process of being renewed.  Inspection prior to  shipment from the country of origin is the 
responsibility of BIVAC, pursuant to its preship ment inspection contract with the DRC. 
60. The OCC has a technical control and metrology  department.  The scientific and industrial 
metrology laboratory is in the process of be ing accredited to ISO 17025, with support from the 
German Metrology Institute (PTB).  Verification of temperature, pressure and electrical measurements, however, are not yet operational.  The DRC does not have any national accreditation 
system. 
61. On behalf of the DRC, the OCC participat es in the "Standards, Quality Assurance, 
Accreditation and Metrology (SQUAM)" programme, la unched by the SADC in 2000.  The aim of 
this programme is to introduce a subregional le gal and regulatory framework for quality involving 
accreditation, certification, standardization and metrology. 
(b) Labelling, marking and packaging 
62. In the DRC, the Packaging Standardization Depa rtment (DNE) in the Ministry of Transport 
and Communications is responsible for follo wing up and implementing the regulations on WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 40 
  
  packaging.23  According to the authorities, the DRC's current legislation has been drawn up in 
conformity with the technical regulations of ISO and the World Packaging Organisation (WPO). 
63. The national provisions apply to packaging whet her it is manufactured or used locally or 
imported.  They are intended to guarantee the safet y of persons and the environment.  Accordingly, 
materials used for packaging must not present any risk  of leakage of the substances they contain and, 
if their condition deteriorates over time, the packagi ng must be clearly labelled to this effect.  The 
legislation also provides that the packaging must  be reusable, recyclable and/or biodegradable. 
64. According to Article 10 of the Decree contai ning the regulations on packaging, the DNE is 
empowered to issue the manufacturer and the user with a conformity and modification certificate, which is granted once officials from the DNE have  checked the packaging and given a technical 
opinion based, inter alia , on its suitability, the conservation of resources and its cost-effectiveness.
24 
65. At the request of the DNE, within 15 days the manufacturer of the packag ing or its agent must 
file a written declaration certifying that the packaging complies with the provisions in the legislation in 
force, together with a technical document containing the elements needed for conformity assessment.  These documents are required even  though conformity a ssessment is conducted again in the DRC. 
66. According to the authorities, labelling requi rements are based in particular on the 
international recommendation OIML R 79/Labeling requirements for prepackaged products .  This 
recommendation relates to the requirement to displa y the following information:  the nature of the 
product;  the names of the manufacturer, the distributo r, the importer and the retailer;  and the exact 
quantity of the product.
25  There are also several other regulations including the Codex 
Alimentarius/food labelling of 1985 - Codex STAN1  - as amended in 2001;  Ministerial Order 
No. 1250/CAB/MIN/S/CJ/KIZ/56/2003 of 16 May 2003 regulating cosmetic  products and other 
toiletries;  Ministerial Order No. 012/CAB/MINE CI/2001 of 31 March 2001 on approval of standards 
for wheat flour;  and the OCC specifications for quality inspection. 
(c) Sanitary and phytosanitary measures 
67. The DRC is a member of the World Organisa tion for Animal Health, the FAO/WHO Codex 
Alimentarius Commission and several conventions at the African and global levels.  It has not, 
however, signed the International Plant Protection Convention (IPPC). 
68. In the area of sanitary protection, the OCC h as so far analysed 48,536 samples, 45.7 per cent 
of which were food products26 and found 1,044 cases of non-conformity .  It should be noted, however, 
that there is considerable overlapping in sanitary controls, particularly between the OCC services, the 
Ministry of Agriculture, Fisheries and Livestock (MA PE), the Ministry of Health and the Ministry of 
Trade.  A draft law is under consideration with a vi ew to ensuring more efficient distribution of the 
roles of each of these institutions. 
69. In principle, the OCC's activiti es focus mainly on the trade aspects of quality and conformity.  
The MAPE has competence for animal and plant health.27  It draws up and implements regulations on 
                                                      
23 Ministerial Order No. 409/CAB/MIN/TC/0082/2006 of 18 July 2006. 
24 Processes for manufacturing packaging must use environmentally friendly materials and must have 
as little impact as possible on the price of the product. 
25 Viewed at:  http://www.dzm.hr/_downloa d/repository/direktive/OIML_R_79.pdf. 
26 Diagnostic Trade Integration Study on the DRC, January 2010. 
27 Law No. 05/162 of 18 November 2005. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 41 
 
 
  animal and plant protection, including import and ex port control of plant material and phytosanitary, 
veterinary or food products.  Its tasks include issuing the phytosanitary certificates needed for the export of plants, plant products or foodstuffs of plant or mineral or igin, and controlling distribution of 
phytosanitary and veterinary products.  The Ministry of Health is responsible for health monitoring at 
the border and public hygiene measures.  The Ministry  of Trade is in charge of verifying compliance 
with the provisions of agreements on technical barriers to trade. 
70. According to the DRC's current legislation, a ll phytosanitary products must be approved for 
import, packaging, sale on the domestic market or  use.  The import of plants, plant products or 
foodstuffs of animal or mineral origin requires an import permit issued by the services responsible for 
plant protection in the Ministry in charge of agriculture.  They must be accompanied by a phytosanitary certificate from the country of orig in or a certificate of origin from the exporting 
country.  Such products undergo phytosanitary cont rols in the same way as products for export, 
conducted by the Ministry responsible for agriculture.  If the plants, plant products or foodstuffs of 
plant origin turn out to be contaminated, the plant protection services decide, depending on the case, 
to place them in quarantine, treat them, reject them  or destroy all or part of them.  The cost of 
implementing these measures is borne by the importer or  exporter.  The authorities have indicated that 
there are no legal provisions on genetically modified  organisms (GMOs), but that a draft law is under 
consideration. 
71. Interministerial Orders No. 005 CAB/MI N/AGRI/ and No. 155 CAB/MIN/FIN/2004 of 
22 October 2004 lay down the amounts of the phytosanitary-related fees to be paid.  The 
phytosanitary certificate costs CDF 50 per document.  On import, the phytosanitary inspection fee is 
CDF 0.005/kg. for up to 100 tonnes and CDF 0.002/kg. thereafter.  On export, the cost is CDF 0.001 and 0.002, respectively.  Inspection of foodstuffs on import is subject to fees of CDF 0.003/kg. up to 
100 tonnes and CDF 0.002/kg. thereafter.  The authorities have indicated that there are no environmental standards in effect in the DRC. 
(viii) Other measures 
72. No agreement has been signed with foreign gove rnments or firms such as to affect the volume 
or value of goods or services exported to the DRC.   Likewise, the authorities are not aware of any 
such agreements between firms in the DRC and foreign firms. 
73. The DRC adheres to the international trade sanc tions adopted by the United Nations Security 
Council and the regional bodies to which it belongs. 
(3) M
EASURES DIRECTLY AFFECTING EXPORTS  
(i) Procedures 
74. The formalities for registering as a trader, required for the import of goods, also apply to 
exporters (Section (2)(i)).  As is the case for im ports, export formalities have been processed through 
a single window facility since January 2010. 
75. For exports, an EB form must be submitted in  advance to an approved bank, accompanied by 
the following documents:  the sales contract;  the invoi ce;  the export inspection certificate;  the quality 
certificate;  and any other document required for in ternational trade purposes.  For precious stones, a 
special inspection certificate is also required.  The export of ce rtain goods is exempt from these 
requirements, name ly, samples of no commercial value;  luggage  and personal effects;  periodicals and 
reviews for personal use covered by a subscription;  and items deemed to be of no commercial value. WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 42 
  
  76. Export or re-export earnings must be repatriate d within a maximum of 30 calendar days from 
the date of shipment of the goods, except in the case of gold and diamonds produced on a small scale, 
for which the earnings must be transferred to the ba nk within ten days of the date of shipment.  The 
earnings do not have to be converted. 
(ii) Export taxes 
77. The DRC's Customs Code provides for export taxes (export duty) ranging from 1 to 10 per cent.  
Export duties and taxes apply to th e following categories of domestical ly produced goods:  green coffee 
(1 per cent);  mineral products and co ncentrates thereof (10 per cent);  mi neral oils (5 per cent);  electric 
power (5 per cent);  logs (10 per cent);  edged timber  (5 per cent for a diameter less than 50 mm., otherwise 
zero per cent);  fresh water (5 per cent);  and scrap me tal, for which the percentage is not yet available. 
78. The tax base is determined by the National Co mmission for Reference Prices on the basis of 
the price of sale abroad represented by the averag e of known rates, net of all costs incurred for 
delivery, sale or marketing of the goods, and custom s duties, plus any premiums and bonuses granted, 
where applicable.  If the value of the goods is not dete rmined in an Order, the value to be declared for 
the purpose of applying export duty is the usual value of the goods at the time when they leave DRC territory, in other words, the value at the border or at the port or airport of shipment. 
79. The export of certain types of timber (forest spec ies to be promoted) are subject to a charge of 
2 per cent of the Ex-Works (EWK) value per cubic metre of raw timber exported, which goes to the 
Ministry of the Environment.  There is also an export levy of 1 per cent on unrefined mineral ores, 
2 per cent on concentrates and metals, 4 per cent on precious materials (gold, diamonds) for products 
covered by the Mining Code, which replaces the 10 pe r cent on minerals.  The basis for calculating 
these charges and levies is the selling price. 
(iii) Minimum export prices 
80. The DRC does not apply any minimum export prices, but it does use reference values to 
calculate the duties and taxes on expor ts of timber and mining products. 
(iv) Export prohibitions, licensing and control 
81. In principle, the quantitative restrictions (inc luding prohibitions) and c ontrols applicable to 
exports are primarily imposed by the agreements signed by the DRC.
28  For economic reasons, there 
are still restrictions on exports of unrefined mineral ores and logs. 
82. The DRC promotes the local processing industry in  order to provide value added for mining 
and forestry products.  In principle, domestic le gislation authorizes the export of unrefined mineral 
ores only on an exceptional basis.  To export the ore, the owner of the mining rights must apply to the Mining Department for authorization to export mi neral ore for processing or marketing, subject to 
payment of filing fees of an amount in Congolese fran cs equivalent to US$500 for mineral substances 
classified in the mining category and US$200 fo r those classified in the quarrying category.
29  In the 
application, the owner of the mining rights must e xplain the advantages of such a transaction for the 
DRC and prove that the ore cannot be processed in D RC territory at lower cost.  In practice, however, 
this restriction is rarely observed by mining companies in the country. 
                                                      
28 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes, CITES (on 
protected species), etc. 
29 Decree No. 038/2003 of 26 March 2003 containing the mining regulations. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 43 
 
 
  83. Timber may only be exported in the form of logs by owners of duly authorized operational 
processing units and national foresters for a maximu m period of ten years from the date on which the 
exploitation commenced and under a quota that must  not exceed 30 per cent of their total annual 
output.30  Nevertheless, the DRC sometimes bans the expor t of logs.  For example, in April 1999, the 
DRC's authorities briefly banned the export of logs, but this measure was lifted after three months under pressure from the forestry companies.  Since Ju ly 2010, the Governor of Equateur Province has 
banned the export of logs from the province unless they  have undergone primary processing.  Forestry 
companies must set up sawmills in the various  forestry sites in order to create jobs. 
84. Special permits are required for the export of precious substances and the species of wild 
fauna and flora listed in the annexes to the CITES. 
(v) Export subsidies, promotion and support 
85. The DRC's Customs Code provides for various re gimes that allow import with suspension of 
duties and taxes in order to boost exports;  this is the case, in particular, for inward processing.  An 
inward processing authorization is issued by th e Director-General of Customs following a written 
application from the person who is carrying out or commissioning the processing operation.  Inward 
processing authorizations are granted only to persons established in the DRC. 
86. In the DRC, there is no government structure responsible for promoting exports, although an 
annual fair is held in Kinshasa, wh ere firms may promote their products. 
87. The DRC has no export financing mechanism.  In order to revitalize this sector, in 1998 the 
Government and the Central Bank of the Congo launched a process for reorganizing the banking 
system as part of the economic programm es supported by the IMF and the World Bank.
31  According 
to the authorities, the DRC does not have  any export guarantee and insurance scheme. 
(vi) Industrial free zone regime 
88. So far there are no free zones in the DRC.  The new Customs Code contains provisions on Special 
Economic Zones (ZES), for which the details are set ou t in a draft law under consideration.  The ZES will 
be established by means of a Decree from the Prime Mi nister, endorsed by the Council of Ministers, which 
will determine the terms for their operation.  Firms eligible for the ZES will be given the benefits provided in the Investment Code and will not be subject to an  export obligation.  Streamlined customs procedures 
will be introduced for goods coming from or going to the ZES.  The draft law provides, inter alia , that 
fiscal payments may be staggered for firms that are experiencing cash flow problems. 
(vii) Other provisions 
89. The DRC does not apply any voluntary export limitation measures. 
(4) M
EASURES AFFECTING PRODUCTION AND TRADE  
(i) State trading, State-owned enterprises and privatization 
90. The DRC has not notified any State trading.  Nevertheless, some State-owned or private 
enterprises have monopolies (Chapter IV). 
                                                      
30 Law No. 011/2002 of 29 August 2002 containing the Forest Code. 
31 ITC (2006). WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 44 
  
  91. As part of its general macroeconomic rec overy programme, in recent years the DRC has 
started to reform State-owned enterprises so as to enhance their production and profitability 
potential.32  For example, enterprises that are currently  State-owned will either be turned into 
commercial companies or into government corporations  or services so as to resolve the problem of the 
legal status of institutions that are classified as public enterprises but whose activities are in fact an 
extension of those of the Government, or they w ill simply be dissolved and liquidated if they are 
insolvent or their economic activities ar e no longer justified (Table III.3). 
Table III.3 
List of State-owned enterprises that have been reformed 
State-owned enterprises Sector of activity 
Converted into government corporations 
Office national du café (ONC) (National Coffee Office) Agriculture 
Régie des voies fluviales (RVF) (Waterways Board) Transport 
Office de gestion du fret maritime (OGEFREM) (M ultimodal Freight Management Office) Transport 
City-Train Transport 
Agence congolaise de presse (ACP) (C ongolese Press Agency) Communications 
Radio télévision nationale congolai se (RTNC) (Congolese National Radi o and Television) Communications 
Fonds de promotion de l'industrie (FPI) (F und for the Promotion of Industry) Finance 
Institut national de sécurité sociale (INSS) (N ational Social Security Institute) Finance 
Office des routes (OR) (Highways Office) Construction 
Office des voiries et drainage (OVD) (R oad and Sanitation O ffice) Construction 
Office national du tourisme (ONT) (N ational Tourism Office) Services 
Office de promotion des petites et moyennes entr eprises du Congo (OPEC) (Congolese Office for the 
Promotion of Small and Medium-Size Enterprises) Services 
Foire internationale de Kinshasa (FIK IN) (Kinshasa Intern ational Fair) Trade 
Office congolais de contrôle (OCC) (Congolese Control Office) Trade 
Institut national des statistiques (INS) (N ational Statistical Institute) Research 
Institut national d'études et de recherches agronomique s (INERA) (National Institu te for Agronomic Studies 
and Research) Research 
Institut congolais pour la conservation de la nature (ICCN) (Congol ese Institute for Nature Conservation) Nature conservation  
Institut des jardins zoologiques et botaniques du Con go (IJZBC) (Congolese Institute of Zoos and Botanical 
Gardens) Nature conservation  
Institut des musées nationaux du Congo (IMNC) (Congolese National Museums Institute) Nature conservation  
Institut national de la préparation professionnelle (INPP) (National Vo cational Training Institute) Training 
Converted into public services 
Office national de développement de l'élevage (ONDE) (National Livestoc k Development Ins titute) Agriculture 
Centre d'expertise, d'évaluation et de certification des substances minérales précieuses (CEEC) (Centre for 
Valuation, Expertise and Certification of Pr ecious and Semi-Precious Mineral Substances) Mining 
Office de gestion de la dette publique (OGEDE P) (Public Debt Manage ment Office) Finance 
Office des douanes et des accises (OFIDA) (Customs and Excise Office) Finance 
Liquidated 
Cacaoyer du Bulu (CACAOCO) (Bul u Cocoa Company) Agriculture 
Palmeraie de Gosuma (PALMECO) (Gosuma Palm Plantation Company) Agriculture 
Cotonnière du Congo (COTONCO) (Congolese Cotton Company) Agriculture 
Complexe sucrier de Lotokila (CSL) (Lotokila Sugar Complex) Agriculture 
Caisse de stabilisation cotonnière (CSCO) (Cotton Stabilization Fund) Agriculture 
Office des biens mal acquis (OBMA) (Office for Ill-Gotten Gains) Services 
Converted into commercial companies 
Générales des carrières et des mines (GECAMINES ) (General Mining and Quarrying Company) Mining 
Société de développement industr iel et minier du Congo (SODIMCO) (Industrial and Mining Development 
Company of the Congo) Mining 
Office des mines d'or de Kilo-Moto (OKI MO) (Kilo-Moto Gold Mines Office) Mining 
Entreprise minière de Kisenge Manganèse (EMK -Mn) (Kisenge Manganese Mining Company)  
Régie de distribution d'eau (REGIDESO) (Water Supply Board) Energy 
Société nationale d'électricité (SNEL) (National Electricity Company)  
Congolaise des hydrocarbures (COHYDRO) (Congolese Hydrocarbons Company)  
Société sidérurgique de Maluku (SOSIDER ) (Maluku Iron and Steel Company) Industry 
Société africaine d'explosifs (AFRIDEX) (African Explosives Company)  
Société nationale des chemins de fer du Congo (SN CC) (Congolese National Railway Company) Transport 
Office national des transports (ONATR A) (National Transport Office)  
                                                      
32 Law No. 08/007 of 7 July 2008 containing the general provisions on the conversion of State-owned 
enterprises. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 45 
 
 
  State-owned enterprises Sector of activity 
Régie des voies aériennes (RVA ) (Air Navigation Board)  
Régie des voies maritimes (RVM) (Maritime Navigation Board)  
Lignes aériennes congolaises (LAC) (Congolese Airlines)  
Compagnies maritimes du Congo (CMC) (Congolese Shipping Companies)  
Chemin de fer des Uélés (CFU) (Uélés Railway)  
Office congolais des postes et télécommunications (OCPT) (Congol ese Post and Telecommunications Office) Telecommunications 
Caisse d'épargne du Congo (CADECO) (Congolese Savings Bank) Finance 
Société nationale d'assurance (SONAS) (National Insurance Company)  
Hôtel Karavia (KARAVIA) Services 
Source : Official Journal - Speci al edition, 30 April 2009. 
 
92. The Steering Committee for the Reform of State- Owned Enterprises (COPIREP) is in charge 
of carrying out the reform programme.  According to the authorities, in the first instance public 
enterprises will be reorganized in order to ensure th at they are properly managed while still remaining 
under State ownership.  Reor ganization is proposed on a case-by-case basis following a 
comprehensive analysis of the enterprise and th e option for reorganization, endorsed by the 
Government on a proposal from COPIREP.  The next  stage may see the State's withdrawal and the 
involvement of private partners to upgrade the management and provide the necessary financing.  
Privatization would be in the form of a concession, a management contract or a subcontracting 
arrangement. 
93. A period of 12 months was allowed in which to raise the capital for those enterprises to be 
converted into commercial companies.33  At 24 April 2010, capital had been raised for two enterprises 
out of 20.  Because of the problems encountered by most State-owned enterprises in complying with this deadline, the Prime Minister signed Decree No. 10/19 of 28 April 2010 to postpone the date of expiry of the transitional period until 31 Dece mber 2010.  The high cost of converting public 
enterprises into commercial companies is the main  factor slowing down the reform programme.  
Certification of the asset situation, the openi ng balance and the accounts by certified foreign 
accountancy firms is not within the scope of all enterprises. 
94. Government enterprises in "strategic" sectors will not be part of the reform process, but no list 
of such enterprises is available. 
(ii) Incentives 
95. The 2002 Investment Code of the DRC provid es a number of fiscal, customs and general 
measures intended to attract direct investment.
34  The Code does not apply to many sectors, including 
mining and hydrocarbons, banking and insurance, and commercial activities, for which investment is 
governed by special legislation. 
96. In order to be eligible for the preferential re gime, investors must submit an application for 
approval to the National Investment Promotion Agen cy (ANAPI), which is under the authority of the 
Ministers responsible for planning and the State's portfolio.35  Approval is given in the form of a 
ministerial order after the application has been c onsidered by the ANAPI.  In 2005, a single window 
was set up within this structure to allow investors to complete in one single place all the formalities 
needed to create an enterprise.  The term of th e preferential regime depends  on the "economic region" 
                                                      
33 Decree No. 09/11 of 24 April 2009 containing transitional measures for the conversion of 
State-owned enterprises. 
34 Law No. 004/2002 of 21 February 2002 containing the Investment Code. 
35 Decree No. 065/2002 of 5 June 2002 determined the statutes, organization and operating methods of 
the ANAPI. WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 46 
  
  and it cannot be renewed.  For economic region A, it is three years, four years for economic region B, 
and five years for economic region C (Chapter II(4)). 
97. Under the Code36, exemption from import duties and taxes can only be granted if at least one 
of the following criteria is met:  the goods in ques tion cannot be manufactured in the DRC;  the price 
excluding tax of the goods delivered to the enterp rise is over 10 per cent higher than the price of 
identical imported goods. 
98. In addition to the Investment Code, the Mini ng Code also has a preferential customs and 
fiscal regime (Table III.4).  This applies to all ow ners of mining or quarrying rights, to affiliated 
companies engaged in mining activities, and to s ubcontractors engaged in mining activities that are 
exclusively covered by a contract signed with the owner of the mining rights. 
Table III.4 
Some incentives under the Mining Code 
Customs incentives 
Total exemption from all customs duty on the export of tradable products (connected to the mining project). 
Payment of fees and charges to remunerate services supplied fo r the export of tradable products or goods for temporary export f or outward 
processing, but up to a maximum of 1 per cent. 
Customs duty of 2 per cent on goods to be used exclusively for mi ning before the mine actually st arts to operate, and 5 per cen t afterwards. 
Customs duty of 3 per cent on fuels, lubricants, reagents and cons umables to be used for mining, throughout the duration of the  project. 
Temporary admission duty free for six months (renewable tw ice) for imported equipment intended to be re-exported. 
Fiscal incentives 
Buildings situated within the area of the mining concession are not subject to property tax. 
Vehicles used exclusively within  the area of the mining project are exempt from  the vehicle tax and the special highway tax. 
Interest paid on loans in foreign currency taken out abroad is exempt from the tax on movable property and the rate of 10 per c ent applies 
to dividends. 
The profits tax is 30 per cent. 
The sale of products to a processing unit within the DRC is exempt  from the ICA;  other sales within DRC territory are taxed at  a rate of 
10 per cent. 
The supply of services to the owner of mining rights is subject to  5 per cent ICA (the services mu st be directly connected to i ts business 
activities). 
The ICA on purchases of locally produced goods connected with mining activities is 3 per cent. 
The Special Tax on Expatriate Remuneration (IERE) is 10 per cent for mining and in the mining context can be deducted from the profits 
tax (IBP). 
Source : Official Journal - Law No. 007/2002 of 11 July 2002. 
 
99. Before work commences, the owner of mining rights must submit a list showing the number 
and value of the movable property, vehicles, equi pment and other inputs falling within the scope of 
the preferential regime.  This list must be approved in a joint Order from the Ministers responsible for 
mining and finance within 30 days foll owing receipt of the application. 
                                                      
36 The Investment Code provides for the following preferential measures:  full exemption from import 
duties and taxes, with the exception of the 5 per cent ad ministrative fee, for machiner y, tools, new equipment, 
and the necessary spare parts;  full exemption for second-hand heavy machin ery, ships and aircraft;  exemption 
from export duties and taxes;  exemption from the business tax on income for profits resulting from a new 
investment;  exemption from the property tax for areas used solely for the investment project;  exemption from the graduated duty for limited liability companies when they  are set up or their capital is increased;  exemption 
for companies other than limited liability companies from the fixed duty of US$175 or US$800 payable on 
initial capital;  the supply of services for real estate works is exempt from the internal ICA. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 47 
 
 
  (iii) Competition policy and price control 
(a) Competition policy 
100. In the DRC, there is no formal law on competiti on, but efforts to regulate it have been made 
in Ordinance-Law No. 41-63 of 24 February 1950 and Departmental Order DENI/CAB/06/013/87 of 
26 May 1987.  The Competition Commission respons ible, in principle, for implementing this 
legislation comes under the Department  in charge of the economy, but it has not yet started to operate.  
The European Union is currently providing suppor t for a programme to draw up a law on competition 
and protection of consumers in the DRC. 
101. In some sectors such as electricity and telecommunications, the legislation provides for a 
regulatory authority responsible for making basic an d value-added services subject to competition.  
Framework Law No. 013/2002 of 16 October 2002 on electricity set up the Post and Telecommunications Regulatory Authority of th e Congo (ARPTC).  The draft law containing the 
Electricity Code provides for the creation of the Regulatory Authority for the Electricity Sector (ARE), but this has not yet come into existence. 
102. The Competition Commission should seek out, c onsider and, where applicable, penalize 
restrictions on competition arising from the foll owing in particular:  agreements such as 
understandings and prices imposed on sellers by ma nufacturers;  vertical commitments;  abuse by 
companies with a dominant position in the market, especially excessive prices;  discrimination by 
companies in a dominant market position against their competitors;  and agreements or mergers 
resulting in a monopoly.  It should also draw up re gulations to:  prevent a merger or require the 
cessation of an abusive practice;  annul or requir e amendments to abusive contracts between several 
companies under an understanding or abuse of a domi nant position;  impose transactional fines if the 
rules on free competition are violated;  and authorize certain contracts or decisions in the general interest.  The Order and the Ordinance on competition do not provide for any penalties. 
103. The Competition Commission automatically deals with any matter falling within its 
competence.  It may also hear any requests from consumers, competitors or  any natural or legal 
person concerned by competition. 
104. The competition framework also includes the commission for the monitoring of trade
37, 
whose task it is to monitor on an ongoing basis th at economic operators comply with economic and 
trade legislation. 
105. The DRC is a member of several regional gro ups whose agreements contain provisions on 
competition.  These include in particular COMESA  and the Economic Community of Central African 
States (ECCAS).  COMESA's common regulations in clude the following directives:  as regards 
competition, decisions on all matters concerning tr ade between Member States are the responsibility 
of COMESA's Competition Commission;  when dealing with the same matter, decisions taken by the 
regional Commission prevail over those by na tional competition authorities;  the regional 
Commission and national authorities cooperate w ith a view to effective implementation of 
COMESA's competition regulations.38  The DRC is, however, little involved in the activities of the 
regional Competition Commission. 
                                                      
37 Established by Ordinance No. 38-178 of 28 September 1983. 
38 UNCTAD Trade and Development Board, document, TD/B/COM.2/CLP/69. WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 48 
  
  (b) Price control 
106. According to the legislation in force in the DRC39, there are two elements in price control:  
prior price control and subsequent price control. 
107. A number of products and services deemed to be stra tegic are subject to prior price control, meaning 
that the price is fixed by the Ministry in charge of th e national economy, in consultation with operators.  This 
is the case for water, electricity, transport and hydro carbons.  The list was modified in 2008 to include six 
other products (cereals, petroleum products, frozen food, cement, sugar and wheat flour), whose prices are 
controlled by the Economic Regulation Fund (FOREC), unde r the responsibility of the Ministry in charge of 
the national economy.  The FOREC, however, has not yet started to operate. 
108. The selling price of other products and services can be freely determined by those supplying 
them.  They do not have to be approved, but must  be notified to the Ministry responsible for the 
economy for subsequent control, based on the elemen ts composing the price and the profit margin. 
109. The profit margin on the cost price of an i ndustrial product is limited to 20 per cent for 
industrial production and 25 per cent for small-scale production.40  For imported goods, the profit 
margin is 10 per cent for wholesalers and 20 per cent for retailers. 
(iv) Government procurement 
110. The DRC has not signed the Plurilateral Agre ement on Government Procurement nor does it 
have observer status. 
111. The DRC's authorities have recently embarked  upon reform of the national regime for 
awarding government procurement contracts.  This re form is one of the key factors in reaching the 
trigger point for the Heavily Indebted Poor Countries (HIPC) Initiative. 
112. Ordinance-Law No. 69/054 of 5 December 1969 contained the rules on awarding government 
procurement contracts in the DRC until it was deem ed obsolete and was repealed because it no longer 
met the requirements of transparency, rationalit y and effectiveness.  A new law on government 
procurement was enacted on 27 April 201041 and sets out the new basic rules regarding the 
preparation of projects, the award of government procurement contracts, their execution and supervision, as well as the settlement of government procurement-related disputes.  It applies to 
procurement of works, supplies, services and intellectual services procured by the State, the 
provinces, decentralized territorial bodies, State-owne d enterprises and government  corporations.  It is 
intended to eliminate discrimination and promote competition, and lay down a regulatory framework 
for combating fraud and corruption in government proc urement.  The law is expected to enter into 
force on 28 October 2010. 
113. The new law provides that government procurement contracts and the award of public service 
concessions should be the responsibility of the Directorate-General for the Control of Government 
Procurement, created by Decree No. 10/27 of 28 June  2010.  This body is responsible for ascertaining 
in the first place and then confirming that there are no objections.  Another body is in charge of the 
                                                     
 
39 Decree-Law of 20 March 1961 and Ordinance No. 83/026 of 12 September 1983. 
40 Order No. 017/CAB/MENI/PME/96 of 1 July 1996 containing the measures for implementing the 
Decree-Law of 20 March 1961, and Order No. BCE/ENI/0018/76 of 30 March 1976 providing the method for 
calculating the price of imported goods. 
41 Law No. 10/010 of 27 April 2010. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 49 
 
 
  subsequent supervision of procur ement and the award of public service concessions.  The creation, 
organization and functioning of this  body are determined in Decree No. 10/21 of 21 June 2010.  The 
Prime Minister and the Minister responsible for the budget must approve procurement following 
international or national calls for bids, respectively. 
114. Government procurement contracts may be awarde d by means of an invitation to tender or by 
single tendering.  The latter method must, in principle,  be an exceptional one.  There are three ways of 
calling for bids:  an open call for bids in which an y person interested by the contract may submit a 
bid;  a restricted call for bids, in which only the candidates selected by the contracting authority may 
bid;  and a call for bids with competition, which concerns the design of an architectural work or 
project.  Use of the restricted call for bids proced ure must be substantiated and authorized by the 
Directorate-General for the Control of Government  Procurement.  In any event, the contracting 
authority must ensure that there is competition am ong all the candidates making bids.  The criteria for 
using each particular method of awarding contract s are not, however, mentioned in the new law, 
which repeals the former Ordinance-Law. 
115. A national and regional (COMESA) preference is given when procurement contracts are 
awarded.  The new law specifies that this preference consists of a reduction in the financial terms of the bid and that it must be indicated and quantified in  the invitation to tender.  A preference is also 
given to a foreign bidder which plans to subcontract 30 per cent of the total value of the contract for 
works, supplies or services to a DRC enterprise, or which plans to use 40 per cent of DRC experts in 
the key team of experts.  Such a bidder will then be given a preference margin of 5 per cent, still in 
the form of a reduction in the financial terms of th e bid.  The national and regional preference is an 
innovation in the new law and a decree will have to specify the details. 
116. In terms of value, public adjudication is the dominant form for awarding contracts, although 
single tendering still plays an important role (Table III.5). 
Table III.5 
Statistics on procurement carried out, 2005-2010 
Types of procurement and methods of awarding 
contracts 2005 2006 2007 2008 2009 2010a 
Types of procurement       
 Works (number)  10  20  1  8  1  4 
 Supplies (number)  165  182  152  148  48  35 
 Services (number)  0  0  0  0  0  0 
Methods of awarding contracts (US$ thousand)      
 Public adjudication (open call for bids)      
in value terms  35,555.7  57,729.1  48,295.9  187,356.0  28,218.8  23.2 
as a percentage  77.6  64.9  45.6  83.7  37.7  0.1 
 Restricted adjudication (restricted call for bids)       
in value terms  25.6  0.0  57,512.4  17,259.0  35,875.2 19,536.6 
as a percentage  0.1  0.0  54.4  7.7  47.9  63.9 
 Single tendering        
in value terms  10,216.7  31,265.8  0.0  19,164.6  10,759.3 11,014.8 
as a percentage  22.3  35.1  0.0  8.6  14.4  36.0 
Total value of government procurement  45,798.0  88,994.9  105,808.4  223,779.6  74,853.3 30,574.5 
a First half of the year. 
Source : Democratic Republic of the Congo, Ministry of the Budget. 
 WT/TPR/S/240/Rev.1 Trade Policy Review 
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  (v) Intellectual property rights 
(a) Overview 
117. The DRC has been a member of the conventio n establishing the World Intellectual Property 
Organization (WIPO) since 28 January 1975 and of the Singapore Treaty on the Law of Trademarks 
since 28 March 2006.  It also signed the Berne Conve ntion for the Protection of Literary and Artistic 
Works on 8 October 1963, the Paris Convention for the Protection of Industrial Property on 
31 January 1975, and the Convention for the Pr otection of Producers of Phonograms Against 
Unauthorized Duplication of Their Phonograms on 29 November 1977. 
118. The DRC has not yet notified the WTO of its in tellectual property legislation or appointed a 
contact point in accordance with Article 69 of the TRIPS Agreement. 
(b) Industrial property 
119. Industrial property is regulated by the Industrial Property Office in the Ministry responsible 
for industry and SMEs.  The Office's  main task is to protect tradem arks, patents and inventions.  Law 
No. 82-001 of 7 January 1982 on industrial propert y covers all the requirements and procedures for 
granting and registering patents, industrial designs, distinctive signs, and commercial and 
geographical appellations;  the exercise of the right a nd the obligations inherent in using such works;  
as well as suppression of unfair competition.42 
120. A patent gives its owner an exclusive right of  temporary exploitation.  The law provides for 
three types of patent, a patent for an invention, a patent for an import and an improvement patent.43  In 
the first place, a patent for an invention covers an invention which, at the time the application is filed 
or at the relevant date of priority44, has not yet been patented;  an import patent covers an invention 
for which, at the time of filing or priority of the relevant application, the owner had already been 
given a patent for the invention in a foreign coun try;  an improvement patent is one covering any 
improvement to an invention already patented. 
121. The term of protection for patents for inventio ns is 20 years, and 15 years for patents for 
inventions relating to medicines.  Import and improvement patents end on the same date as the 
principal patent to which they relate. 
122. Any new invention is patentable provided that it is the result of an inventive step and can be 
exploited in industry or trade.  The owner of the pa tent must work it industrially or ensure that it is 
industrially worked in the DRC in an effective, se rious and continuous manner.  It must be worked 
within five years from the date of filing the app lication or three years from the date on which the 
patent was granted;  the period is four years from th e date of granting the patent for patents relating to 
medicines;  and three years from the date of filing the application for import patents. 
                                                      
42 A new law is being prepared in order to make DRC legislation more consistent with the WTO and 
WIPO provisions. 
43 The import patent is for an invention that is already covered by a patent in a foreign country and 
whose owner, or an authorized third party, imports the invention into the DRC in order to take advantage of the relevant benefits.  When the original invention is modified, it is called an improvement patent. 
44 Priority of the application means the right of the ow ner of a patent granted abroad to utilize his patent 
rights in the DRC within one year and, during that period, no other person can use the invention. Democratic Republic of the Congo WT/TPR/S/240/Rev.1 
 Page 51 
 
 
  123. If an invention covered by an import patent is already being worked abroad, it must be 
exploited in the DRC within two years of the date of the application.  At the request of the interested 
party, an extension of one year, renewable once, may be granted by the Ministry responsible for 
industry before expiry of the term of the patent. 
124. If the criteria for working the patent are not respected and if the annual taxes are not paid, the 
owner may lose his industrial property rights.  Th e most common violations of industrial property 
rights in the DRC are:  counterfeiting, falsifying tr ademarks, and violations relating to the indication 
of source.  They concern several different products  including textiles, cosmetics, food products and 
medicines. 
125. The DRC's industrial property legislation provides for several penalties.  Counterfeiting is 
punishable by a term of penal servitude lasting one to  six months and/or a fine the amount of which is 
set at 25 per cent of the annual gross turnover earned by working the invention.  Repeat offences are 
punishable by double the maximum penalties.  Unjus tifiably claiming a patent application or incentive 
certificate or unjustifiably claiming a patent, incentiv e certificate or operatin g licence is an offence 
liable to a term of imprisonment of three months to one year and/or a fine the minimum amount of 
which is twice the amount of the tax.  Violating a ban concerning the secrecy of an invention or discovery is considered a serious offence liable to  a fine of 60 per cent of the annual gross turnover 
earned from the unlawful exploitation.  Use without authorization of an invention declared to be 
secret renders the party concerned liable to payment of compensation amounting to a minimum of 
twice and a maximum of four times the amount of the filing fee.  There are also coercive measures 
consisting of seizing or destroying the counterfeit objects. 
(c) Copyright and related rights 
126. In May 2006, the protection of copyright and related rights was entrusted to the National 
Office for the Management of C opyright and Related Rights (ONADA) in the Ministry of Culture and 
Arts.  ONADA should have been an institution of co mmon public interest, but it has never come into 
existence.  In practice, the National Society of Publishers, Composers and Authors (SONECA), which 
is in principle a cooperative association, still prot ects copyright.  It has never operated as a real 
cooperative association, however, because it is still financed by the State. 
127. Ordinance-Law No. 86-033 of 5 April 1986 regul ates the protection of copyright and related 
rights.
45  The latter concern the prerogatives recognized  by the law for performers, producers of 
phonograms and any other sound or audiovisual me dium, as well as broadcasting organizations, to 
authorize or prohibit the broadcasting of their works and to receive remuneration for each public 
performance, without prejudice to the excl usive rights of the author of the work. 
128. The owner of the right is the person who se name or pseudonym appears on the work 
disclosed.  Authors have the right to exploit thei r works themselves or to assign their exploitation 
rights so as to earn a profit, where applicable. 
129. The law provides that the term of protecti on for economic rights in literary, artistic or 
scientific works shall be the lifetime of the author  and 50 calendar years after his death.  Anonymous 
or pseudonymous works are given the same term of protection.  When the term of protection of the 
right of exploitation expires, artistic, literary and scientific works fall within the public domain and 
their management is the responsibility of ONADA.  According to the authori ties, several types of 
copyright infringement are committed, including unauthorized reproduction of works, unauthorized 
                                                      
45 A new law is in the process of being adopted. WT/TPR/S/240/Rev.1 Trade Policy Review 
Page 52 
  
  distribution of copies, failure to pay royalties to pe rformers, and the translation of books without the 
author's consent.  The low number of penalties a pplied is one of the reasons for the continued 
infringement of rights. 
130. The sale, exhibition, rental, possession, import or export of counterfeit works or objects is 
deemed to be infringement when these acts are ca rried out in full knowledge of the facts and for 
commercial purposes.  Such acts are punishable by penal servitude of one month to one year and a 
fine of Zaïres 5,000 to 10,000.  Malicious or fraudulent utilization of  the name of an author or any 
other distinctive sign adopted by the author to desi gnate his work on a work of art, of literature or 
music, is punishable by penal servitude of one to  five years and a fine of Zaïres 10,000 to 50,000. 
131. ONADA is not the only body empowered to manage copyright and protect the moral and 
economic rights of authors.  The DGDA, the OCC,  responsible for detec ting counterfeit goods, and 
the Congolese National Police Force (PND) are also involved in protecting copyright. 
132. The DRC does not have any special courts for copy right and, if need be, the lower and higher 
courts hear such cases.