WT/TPR/S/240 Trade Policy Review 
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II. TRADE AND INVESTMENT REGIMES 
(1) OVERALL FRAMEWORK  
1. Since gaining its independence on 30 June 19 60, the Democratic Republic of the Congo 
(DRC) has been faced with a number of political crises.  To ensure its political stability, the 
DRC adopted a Transition Constitution on 4 April 2003.1  The Head of State ad interim  was invested 
on 7 April and a national unity transitional governme nt was formed in June 2003 with the aim of 
reducing corruption and rehabilitating the country's infr astructures.  It was also supposed to reform the 
institutions of government and State-owned enterprises,  and to organize the first democratic elections 
within two years. 
2. Pursuant to the Constitution of the Third Re public promulgated on 18 February 2006 by the 
President ad interim2, the DRC is a secular, democratic, social, united and indivisible sovereign 
independent State governed by the rule of law.  The Constitution enshrines a highly decentralized, 
unitary State, authorizes a multiparty system and prohi bits a return to single-party rule while at the 
same time placing constraints on the powers of th e President.  A Government Commission should be 
giving consideration to a review of the Constitution at the moment.  The first democratic elections 
were held in 2006.3 
3. Pursuant to the Constitution, the President of the Republic is elected by direct universal 
suffrage (by an absolute majority of  votes cast) for a term of five years, renewable once.  He is the 
Head of State and executive power is vested in hi m and the government.  The President negotiates and 
ratifies international treaties and agreements and is the guarantor of compliance therewith.  He 
promulgates laws and may give decisions by ordinance.  The President appoints the Prime Minister 
from the Parliamentary majority and, on the latte r's proposal, the other members of the government.  
He invests, by ordinance, the elected provincial Governors and Deputy Governors. 
4. The Prime Minister governs by decree.  Each mini ster is responsible for formulating laws in 
his specific field.  The Minister for Trade is re sponsible for the main lines of general and sectoral 
trade policy.  The Minister for Finance (through cu stoms, fiscal and parafiscal matters) and Ministers 
with responsibility for sectoral policies (including ag riculture, energy, mines and services) also play a 
role in the formulation of trade policy.  Coordi nation within the Foreign Trade Facilitation Committee 
is the role of the Minister with responsibility for fo reign trade.  The current ministerial structure dates 
from the reshuffle of 19 February 2010.4 
5. Legislative power is exercised by a bicameral parliament:  the National Assembly (lower 
house) and the Senate (upper house).  Parliament votes on laws and acts as a check on the government 
as well as on public services, establishments and State-owned enterprises.  The National Assembly comprises 500 members elected by direct universal suffrage for a term of five years, who may be re-elected.  There are 108 seats in the Senate.  Sena tors are elected by the provincial assemblies for a 
term of five years and may be re-elected. 
                                                     
 
1 Global and Inclusive Agreem ent signed at Pretoria, South Africa, on 17 December 2002. 
2 Following its adoption by the National Assembly on 13 May 2005 and its approval in a referendum 
on 18 and 19 December 2005. 
3 In mid-2005 Parliament approved a one-year extension of the transition period and postponed 
elections to 2006. 
4 Ordinance No 10/025 of 19 February 2010 appointing Deputy Prime Ministers, Ministers and Deputy 
Ministers. Democratic Republic of the Congo WT/TPR/S/240 
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6. Each Ministry initiates government policy in its ar ea of competence in the form of a draft law.  
Following their adoption by the government in the C ouncil of Ministers, the draft laws are forwarded 
to one of the houses of parliament.  Bills may be re turned to government for amendment before being 
tabled before Parliament for debate.  All draft laws  or bills are scrutinized in turn by both houses.  
Following adoption, the law is forwarded to the Pr esident of the Republic for promulgation.  An 
identical procedure applies for finance laws.  Ame ndments or draft laws formulated by the two houses 
may not entail either a reduction in public res ources or the establishment or increase of public 
expenditure (unless accompanied by proposal s for equivalent revenues or savings). 
7. The Constitution has precedence over all other national legal instruments.  Below the 
Constitution come the components of the legislative bloc, namely (in order) laws (both organic and 
ordinary), ordinance-laws, edicts or provincial laws;  these are followed by the components of the 
regulatory bloc, namely ordinances, decrees, intern al regulations, orders, administrative regulations, 
circulars, instructions, directives, decisions;  an d finally, customs.  International treaties and 
agreements are signed by the President or by a mini ster to whom such powers have been delegated.  
Once signed, they must be brought before Parliame nt for ratification.  The Constitution establishes a 
monist system which reaffirms the precedence of  international instruments over Congolese legal 
documents subject to their reciprocal implementation by the parties.5  An update of national legal 
instruments, especially in trade-related fields, is being undertaken (Table II.1). 
Table II.1 
Main trade and investment-related legislation 
Legislation  Date of 
implementation  
Trade   
Law No. 73-009 on trade 5 January 1973 
Law No. 74-014 10 July 1974 
Ordinance-Law No. 80-010 30 July 1980 
Congolese Control Office   
Ordinance-Law No. 74-013 10 July 1974 
Decree No. 09/42 on the rules governing the C ongolese Control Office (OCC) 3 December 2009 
Customs   
Law No. 009/13 on the Customs Valuation of Goods 18 March 2003 
Customs Code 28 February 2010 
Taxation   
Decree-Law No. 086 on the tax regime for SMEs 10 July 1998 
Revenue Code 30 September 2003 
Decree No. 04/099 amending and supplementing D ecree No. 017/2003 of 2 March 2003 establishing the 
Directorate General of Taxation 30 December 2004 
Trade law   
Law No. 73/009 on trade 5 January 1973 
Ordinance No. 79-025 on the new trade register 7 February 1979 
Ordinance No. 73-236 establishing the nationa l tax identification number 13 August 1973 
Ordinance-Law No. 79-021 on regulations governing small-scale trade 2 August 1979 
Ordinance-Law No. 86-033 on protection of copyright and related rights 5 April 1986 
Law No. 82-001 on industrial property 7 January 1982 
Law No. 002/2001 on commercial courts 3 July 2001 
Social law   
Law No. 015/2002 on the Labour Code 16 October 2002 
Law No. 016/2002 on the establishment, organization and operation of the labour  courts 16 October 2002 
Investment   
Law No. 004/2002 on the Investment Code 21 February 2002 
Law No. 10/010 on government procurement 27 April 2010 
Decree No. 065/2002 on the regulations, organization and methods of operation of the National Investment 
Promotion Agency (ANAPI) 5 June 2002 
Mining and hydrocarbons   
Ordinance-Law No. 81-013 on general legisla tion on mining and hydrocarbons 2 April 1981 
Law No. 007/2002 on the Mining Code 11 July 2002 
Decree No. 038/2003 on mining regulations 26 March 2003 
                                                      
5 Article 215 of the Constitution. WT/TPR/S/240 Trade Policy Review 
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Legislation  Date of 
implementation  
Law No. 08/001 repealing Law No. 86/007 of 27 Decem ber 1986 on residence and movement of aliens 
in mining areas 26 March 2008 
Forests   
Law No. 011/2002 on the Forestry Code 29 August 2002 
Decree No. 08/09 laying down the procedure for the award of concessions 8 April 2008 
Decree No. 08/08 laying down the procedure for th e listing and de-listing of forests 8 April 2008 
Ministerial Order No. 011/CAB/MIN/ECN-EF/2007 on regula tions governing the authorization of industrial 
harvesting of wood for lumber and authoriza tions to purchase, sell and export lumber 12 April 2007 
Telecommunications   
Framework Law No. 013/2002 on telecomm unications in the DRC 16 October 2002 
Banking/Foreign exchange law  
Foreign exchange regulations issued by  the Central Bank of the Congo (BCC) 2003 
Decree-Law No. 004 on transactions in the national curren cy and in foreign currencies in the DRC 31 January 2001 
Law No. 022/2002 on the special regime governing the restructuring of credit institutions 30 October 2002 
State-owned enterprises   
Law No. 08/007 on general provisions concerning the reform of State-owned enterprises 7 July 2008 
Law No. 08/008 on general provisions concerning the withdrawal  of the State from State-owned enterprises 7 July 2008 
Law No. 08/009 on general provisions appli cable to government bodies 7 July 2008 
Law No. 08/010 on the rules governing the organization a nd management of State-owned enterprises 7 July 2008 
Source : Information supplied by the authorities of the Democratic Republic of the Congo. 
 
8. The Constitution provides for the separation of judicial, legislative and executive powers.6  
Judicial power is vested in the following courts and tribunals:  the Constitutional Court, the Court of 
Appeals, the Council of State, the Military High Cour t, and the courts and tribunals.  The status and 
capacity of members of the judicial service is laid down by law.7  The President appoints and 
dismisses members of the judicial services by ordinance on a proposal by the Legal Service Commission
8, the body responsible for management of th e judiciary.  The Constitutional Court gives 
rulings on the constitutionality of laws and acts having the force of law.  It acts as a criminal court for 
the Head of State and the Prime Minister.  The Supr eme Court of Justice currently performs this role 
pending the establishment of the Constitutional Court.   A draft law on the organization and operation 
of the Constitutional Court was adopted on 7 No vember 2009.  The commercial courts were 
established in 2001.9  They are subordinate to the High Courts  and have jurisdiction in trade-related 
disputes (such as applications to set aside or bankruptcies) in matters of private law, as well as in 
infringements of economic and commercial legislation in  matters of criminal law.  Outside Kinshasa, 
where there is a Commercial Court, trade-related matters in the provinces are dealt with by the 
ordinary courts. 
9. The role of the Economic and Social Council is to provide consultative opinions on the 
economic and social questions referred to it by th e President of the Republic, the National Assembly, 
the Senate or the government.  Once established, it should provide a framework for cooperation with 
development partners, namely the unions, civil society and the private sector. 
10. The DRC is to be subdivided for administrative purposes into 25 provinces plus the city of 
Kinshasa (which has the status of a province).10  Kinshasa is the capital of the country and the seat of 
the national institutions.  The subdivision process s hould enter into force within 36 months of the 
                                                      
6 Article 149 of the Constitution. 
7 Law No. 06/020 of October 2006 on the rules governing the status and capacity of members of the 
judicial service. 
8 Organic Law No. 08/013 of 5 August 2008 provides for the Commission's organization and operation. 
9 Law No. 002/2001 of 3 July 2001 laying down provisions on the establishment, organization and 
operation of the commercial courts. 
10 Law No. 08/012 containing the basic principles for the independent administration of the provinces 
(LAP) was promulgated by the President of the Republic on 31 July 2008. Democratic Republic of the Congo WT/TPR/S/240 
 Page 15 
 
 
effective establishment of the political institutions.11  However, the country currently still comprises 
11 provinces and the new administrative structur e has not yet been brought into effect.12 
11. The provinces and the decentralized territorial entities (ETD) are to be invested with legal 
personality and managed by local bodies.13  The ETDs, whether towns, local communities, sectors or 
tribal areas enjoy independent administration and autonomy in the management of their economic, 
human, financial and technical resources.  The composition, organization and operation of the ETDs 
and their relations with the State and the Provinces are to be established in an organic law which has 
not yet been passed.  The planned administrative restru cturing is, however, marred by the lack both of 
an appropriate legal framework and of sectoral fram ework laws appropriate to a decentralized system 
of management. 
12. The Provincial Assembly is the deliberative bod y at provincial level and acts as a check on 
both the provincial government and provincial public  services.  The Provinces have no part in the 
regulation or formulation of trade policy;  however , they do have some powers in relation to land and 
mining rights, regional planning a nd water and forestry management.14 
(2) POLICY OBJECTIVES  
13. The objective of economic policy is to achieve sustainable and more equitable development 
that lowers the levels of poverty and improves the population's living conditions.  The Growth and Poverty Reduction Strategy Paper (GPRSP) drawn up in July 2006 identifies the private sector and 
trade as the key sectors for the consolidation of economic growth.
15  These sectors have particular 
weaknesses in the legal sphere.  The rules whic h apply to business are fragmented, inaccessible and 
often archaic.  Company law is obsolete.  Bankr uptcy law is outdated and is not conducive to 
salvaging undertakings which are in difficulty.  The sa me is true of general trade law, for example the 
field of commercial leasing, which is unregulated , or the trade register, which is inadequately 
organized.16 
14. The second Government Economic Programme (PEG2)17 identifies the measures to be taken 
and incorporates into them the "five major area s for action by the DRC" as identified by the 
President.18  The principal objectives are to improve governance and combat corruption.  
Simplification and reduction of administrative pr ocedures should help the system become more 
flexible.  The modernization and rationalization of the legislative framework should contribute to an 
                                                      
11 Pursuant to Article 226, Title VIII of the Constitu tion, containing transitional and final provisions. 
12 The World Bank expressed the view in 2009 that  the new administrative structure was premature 
because budgetary competence and resources are still highly centralized by the central authorities in Kinshasa.  
There is still no appropr iate legal framework for the management of the public finances and the provincial civil 
service.  The World Bank suggests waiting until 2011 before implementing the new structure in the country so 
that the process can take place at the same time as le gislative and municipal elec tions, thereby preventing the 
emergence of two-speed legislatures. 
13 Article 3 of the Constitution. 
14 Article 202 et seq.  of the Constitution. 
15 Although initially scheduled for 2006-2008 the period of validity of the GPRSP has been extended 
until 2010. 
16 L'Avenir , "Gouvernement et ses partenaires:  vers la validation de l'étude diagnostique d'intégration 
du commerce en RDC".  Viewed at:  http://www.digitalcongo.net/article/64528. 
17 PEG2, which was drawn up in cooperation with the IMF by way of the Poverty Reduction and 
Growth Facility (PRGF) Arrangement in the framework of the GPRSP, wa s approved on 11 December 2009 and 
covers the period from July 2009 to June 2012. 
18 The five major action areas relate to infrastructu res, health and education, water and electricity, 
housing and employment. WT/TPR/S/240 Trade Policy Review 
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improvement in the business climate, one of the prime objectives.19  The DRC has reached the 
completion point under the Heavily Indebted Poor Countries (HIPC) Initiative and has benefited from 
a reduction of US$10.2 billion on its external debt of US$12.3 billion (Chapter I).  To sustain 
development, action by the government aims to im prove the country's degree of integration in the 
international trading system.  The authorities are seeking to improve regi onal cooperation and to 
participate more fully in the international and re gional organizations of which the DRC is a member. 
15. One of the objectives of trade policy is to re duce imports of food products by increasing local 
food production, in other words by developing and m echanizing the agricultural sector.  According to 
the authorities there is as yet no structure to de velop exports.  The estab lishment of a coherent 
mechanism to support the sector should enable value to be added to domestic supplies and help to 
guide actions towards a diversification of trading partners.20  The other main components of trade 
policy are diversification of export products into higher-value-added manufactured goods and a 
consolidation of the DRC's position in traditional ma rkets.  The intended aim of the Diagnostic Trade 
Integration Study (DTIS)21 is to enable priorities in trade matters to be identified. 
(3) TRADE AGREEMENTS AND ARRANGEMENTS  
(i) World Trade Organization 
16. The DRC has been an original Memb er of the WTO since 1 January 199722, after having 
applied the GATT from 11 September 1971 onwards.  It grants at least most-favoured-nation 
(MFN) treatment to all its trading partners.  It has not signed any of the plurilateral agreements 
negotiated within the WTO framework;  it does, how ever, have observer status in the Committee on 
the Agreement on Government Procurement. 
17. The concessions made by the DRC dur ing the Uruguay Round are contained in 
Schedule LXVIII for tariff bindings (Chapter III(x)),  and in document GATS/SC/103 as regards its 
commitments under the General Agreement on Trad e in Services (GATS) (Chapter IV(x)).  The 
DRC did not participate in the WTO negotiations on  basic telecommunications, nor in those relating 
to financial services.  Within the framework of the Doha Round it is a member of the ACP, G-90 and 
least developed countries (LDC) negotiating grou ps.  As an LDC, the DRC benefited from a 
transitional period for implementing a number of th e provisions in various WTO Agreements, such as 
the Customs Valuation Agreement, the TRIPS Ag reement and the Agreement on Import Licensing 
Procedures. 
18. The DRC is experiencing difficulties with rega rd to WTO notifications.  Between 2004 and 
April 2010, it submitted only eight notifications  or communications;  these concerned import 
                                                      
19 Speech by the President of the Republic on  the State of the Natio n, 8 December 2009. 
20 "État de la formulation et de la mise en oeuvre de la politique commerciale en RDC" ("State of the 
formulation and implementation of trade policy in the DRC"), Ministry of the National Economy and Trade, May 2009. 
21 The DTIS, which was launched by the authorities in  January 2009, was validated on 13 July 2010. 
22 The Marrakesh Agreement Establishing th e WTO was ratified by Decree No. 5/194 of 
26 September 1995. Democratic Republic of the Congo WT/TPR/S/240 
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licensing procedures23, technical barriers to trade24, preferential rules of origin25, quantitative 
restrictions26, preshipment inspection27, and anti-dumping measures.28 
19. The DRC's position at the WTO has focused on  market access, special and differential 
treatment, agriculture, and technical assistance.29  Regarding market access, the DRC is of the view 
that special and differential treatme nt helps sustain a revival in production on the part of LDCs to 
enhance and diversify their production capacity and infr astructures.  It attaches special importance to 
the agricultural negotiations, particularly market a ccess for its exports through continued special and 
differential treatment and the establishment of m easures to compensate for fluctuations in global 
commodity prices.  The DRC is seeking targeted , appropriate technical assistance to implement 
international standards and legal instruments. 
20. The DRC has not been involved in any dispute under the WTO Dispute Settlement 
Mechanism, whether as a complainant, a respondent or a third party. 
(ii) Regional and bilateral agreements 
(a) African Union 
21. The DRC is a founding member of the African  Union (AU), the successor to the Organization 
of African Unity (OAU) since 9 July 2002.30  The aim of the AU is to become an economic and 
political union in the long term.  Its organs are the Assembly of Heads of St ate and Government (the 
decision-making body), the Executive Council of Mi nisters (the executive arm), the Pan-African 
Parliament (the advisory body), the Commission (e ight commissioners, each with a particular sphere 
of responsibility), and the Peace and Security Co uncil.  The AU also comprises a Central Bank, a 
Monetary Fund, the African Investment Bank, a Court of Justice, and the Economic, Social and 
Cultural Council (whose statutes and regulations have  been drawn up), as well as specialized technical 
committees. 
22. The African Economic Community (AEC) envisaged in the Abuja Treaty was founded in 
June 1991 by the AU.  Nowadays the AEC is an AU institution with the aim of creating an African 
customs and monetary union in six stages, the last  of which should be completed in 2028.  The 
gradual integration process first requires the estab lishment of regional customs unions (in 2017), a 
continent-wide customs union (in 2019), and an African common market (in 2023).  The AEC is, however, encountering several problems, including conflicts, lack of institutional and financial 
resources, and the low level of commitment on the part of States. 
                                                     
 
23 WTO documents G/LIC/N/3/COD/1 of 18 October 2006 and G/LIC/N/1/COD/1 of 20 October 2006. 
24 WTO document G/TBT/2/Add.79 of 15 July 2004. 
25 WTO document G/RO/N/48 of 8 November 2006. 
26 WTO document G/MA/NTM/QR/1/Add.11 of 11 April 2008. 
27 WTO document G/PSI/N/1/Add.11 of 24 June 2008. 
28 WTO documents G/ADP/N/139/Add.1/Rev.1 of 18 October 2006 and G/ADP/N/145/Add.1 of 
18 October 2006. 
29 WTO documents WT/MIN(99)/ST/154 of 2 December 1999;  WT/MIN(03)/ST/133 of 
13 September 2003;  WT/MIN(0 5)/ST/101 of 16 Decem ber 2005;  and WT/M IN(09)/ST/133 of 
28 January 2010. 
30 The Charter establishing the OAU was signed on 25 May 1963.  The Constitutive Act of the African 
Union was adopted at the summit held in Lomé (Togo) in July 2000.  Th e African Union, which replaced the 
OAU, was proclaimed on 11 July 2001 at Lusaka (Z ambia), following ratification of the Constitutive Act by 
over 44 of the 53 States members of the OAU.  The Durban Summit of 9 July 2002 launched the African Union. WT/TPR/S/240 Trade Policy Review 
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23. The New Partnership for Africa's Developm ent (NEPAD) is an AU economic development 
programme, but has its own Secretariat based in S outh Africa.  It was created in 2001 following the 
amalgamation of two other plans proposed for Afri ca - the Omega Plan and the Millennium African 
Plan (MAP).  In Central Africa,  the NEPAD is administered by the Economic Community of Central 
African States (ECCAS) (Section (b) below).  The private sector and investment promotion are central 
components, together with trade integration and improving access to the markets of developed 
countries.31 
24. In order to meet the objectives defined by the AU and the NEPAD, an EU-Africa Partnership 
on Infrastructure was launched by the European Commission in mid-2006.  The 10th European 
Development Fund (EDF), covering the period 2008-201 3, relates to the areas of land transport, 
energy, water, information technolog y and telecommunications networks.32  A significant proportion 
of the budget is allocated to regional programmes. 
(b) Economic Community of Central African States (ECCAS) 
25. The DRC is a founding member of ECCAS, which was established under a treaty signed at 
Libreville in October 1983.33  The main objective of the ECCAS is to guide the process of cooperation 
alongside economic and monetary integration in Ce ntral Africa.  The ECCAS institutions comprise 
the Conference of Heads of State and Government, th e Council of Ministers, the Secretariat General, 
the Consultative Commission and specialized techni cal committees, as well as the Court of Justice, 
although the latter is not yet functional.  The ECCA S also has a specialist energy body - the Central 
African Power Pool (CAPP), set up on 2 April 2003 with the aim of establishing a subregional forum 
for resolving energy problems and creating an electricity market. 
26. Although it remained inactive for some time, not ably because of the many conflicts in the 
region, the ECCAS is now one of the cornerstones of the AEC.  Because of these conflicts, member 
countries have added the promotion of peace,  security and stability in Central Africa to 
ECCAS' traditional tasks.34 
27. The ECCAS member countries have adopted a tariff reduction scheme for intra-Community 
trade, known as the ECCAS Preferential Tariff, whic h should in principle have come into effect on 
1 July 2004.35  The time-limit for the creation of th e free trade area was 31 December 2007, in 
accordance with the timetable of the EPA with th e EU.  To date, however, tariff reduction has not 
actually been implemented. 
(c) Common Market for Eastern and Southern Africa (COMESA) 
28. The DRC is a founding member of COMESA.36  The aim of COMESA is to promote 
sustainable economic and social development fo r all its member countries through enhanced 
                                                      
31 Online information from the NEPAD.  Viewed at:  http://www.nepad.org. 
32 European Commission, Press Release IP/06/986, 13 July 2006.  Viewed at:  
http://europa.eu/rapid/pressReleasesAction.do?refer ence=IP/06/986&format=HTM L&aged=1&language=EN&
guiLanguage=fr. 
33 ECCAS is composed of 11 countries:  Angola, Cameroon, Central African Republic, Chad, Congo, 
Equatorial Guinea, Gabon and Sao Tome and Principe and the three members of the Economic Community of 
the Great Lakes Countries (CEPGL) - Burundi, the Democratic Republic of the Congo and Rwanda. 
34 Decision No. 001Y/FEV /25/1999 of 25 February 1999 esta blishing the Council for Peace and 
Security in Central Africa (COPAX). 
35 Decision No. 03/CEEAC/CCEG/XI/04. 
36 The treaty establishing COMESA was signed on 5 November 1993 at Kampala (Uganda) and was 
ratified on 8 December 1994 at Lilongwe  (Malawi).  It has 19 member c ountries:  Burundi, Comoros, DRC, Democratic Republic of the Congo WT/TPR/S/240 
 Page 19 
 
 
cooperation leading to regional integration especially in the areas of trade, customs, infrastructures 
(transport and communications), science and technology, agriculture and natural resources. 
29. The main objectives of COMESA include the crea tion of a free trade area;  the establishment 
of a customs union;  free movement of capital and investment, supported by the adoption of a 
common investment area;  a gradual establishment of a payment union based on the 
COMESA Clearing House and the eventual establishm ent of a monetary union;  and the adoption of 
common visa arrangements, leading eventu ally to the free movement of persons.37  C O M E S A  h a s  
been notified to the WTO under the Enabling Clause.38 
30. The COMESA FTA was launched in October 20 00 with nine participating states, after 
16 years of gradual reduction of tariffs on intra-COMESA trade.39  In November 2007, 13 countries 
were participating in the FTA;  other member st ates had carried out tariff reductions of between 
10 per cent and 80 per cent.  The FTA is meant to be a step towards the establishment of the customs 
union. 
31. COMESA cooperates with other regional organizat ions to liberalize trade.  A Joint Task 
Force has been set up with the East African Community (EAC) and the Southern African 
Development Community (SADC) to harmonize their trade liberalization programmes. 
32. The COMESA Treaty also provides for trade remedies.  In November 2001, regional trade 
remedy regulations were adopted, and in 2003, harmonized COMESA public  procurement rules, 
regulations, and procedures were adopted.  Speci fic competition rules have been adopted for air 
transport. 
33. A phased monetary harmonization programme is being implemented in four stages beginning 
in 1992.  The last stage should result, in 2018, in a full-fledged monetary union in which there will be 
either permanently fixed exchange rates or a single currency;  full harmonization of economic, 
budgetary, and monetary policies;  full integration of  the financial structure;  pooling of exchange 
reserves;  and the establishment of a single monetary authority. 
34. The decision-making structure of COMESA includes the Authority of Heads of State and 
Government (the supreme policy-ma king organ);  the Council of Ministers;  the Sectoral Ministerial 
Meetings;  the Committee of Governors of Ce ntral Banks;  Technical Committees;  and the 
Secretariat.  A Consultative Committee of the Bu siness Community and Other Interest Groups has 
also been established. 
35. In addition, several specialized institu tions have been established to assist 
COMESA members in their development.  The East ern and Southern African Trade and Development 
Bank (PTA Bank) provides trade and project financi ng to public and private investors domiciled in a 
bank member state.40  The Africa Trade Insurance Agency (ATI), launched in August 2001, aims to 
                                                                                                                                                                     
Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Mada gascar, Malawi, Mauritius, Rwanda, Seychelles, Sudan, 
Swaziland, Uganda, Zambia and Zimbabwe. 
37 COMESA (2007). 
38 WTO document WT/COMTD/N/3 of 29 June 1995. 
39 COMESA was formed in 1994 as a successor to th e Preferential Trade Area (P TA).  Tariff reduction 
had started in 1984 within  the framework of the PTA, but was accel erated with the formation of COMESA. 
40 The PTA Bank currently has 19 shareholders, 14 of which are COMESA me mber states:  Burundi, 
Comoros, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Malawi, Mauritius, Rwanda, Seychelles, Sudan, Uganda, 
Zambia, and Zimbabwe.  The non-COMESA shareholde rs are the African Development Bank (institutional 
investor), China, Somalia and Tanzania. WT/TPR/S/240 Trade Policy Review 
Page 20 
 
 
provide cover to investors against political risk.41  The COMESA Court of Justice, operational since 
1998, adjudicates and arbitrates on, inter alia , unfair trade practices and interpretation of regional 
legislative acts, and ensures that member stat es implement and comply with agreed decisions. 
36. The COMESA Clearing House, established to facilitate the settlement of intra-regional 
transactions in goods and services, ceased its opera tions in 1997.  However,  a new regional payment 
and settlement system (REPSS) is being designed, wh ich would enable the use of local currencies in 
intra-COMESA trade. 
37. In order to attract investment, the COMESA Common Investment Area (CCIA) was launched 
in 1998.  In order to implement the CCIA, it was decided in 1999 to establish a Regional Investment 
Agency (RIA), which was officially launched in June 2006.  The CCIA is expected to be fully 
functional by 2010, and will guarantee COMESA invest ors national treatment within the community;  
similar treatment should be granted to non-COMESA investors by 2015. 
38. The Protocol on the Free Movement of Persons, Labour, Services, Right of Establishment and 
Residence is to be implemented in several stag es.  In November 2007, however, only four member 
states (Burundi, Kenya, Rwanda and Zimbabwe) had signed. 
(d) Southern African Development Community (SADC) 
39. The DRC joined SADC in 1997.  The SADC Treaty aims to provide balanced economic 
growth and development, political stab ility and security for all its members.42  The Treaty provides for 
several protocols in specific are as, such as trade, finance, indus try, agriculture, transport, and 
investment.  The protocols bind only the member states that are parties to them. 
40. The SADC Trade Protocol came into force on 25 January 2000 following ratification by 
12 members.43  It aims to gradually establish a free trade area (FTA).44  To achieve this goal, products 
have been grouped under three main categories.  Category A (mostly capital goods and equipment) 
was liberalized in the first year;  Category B (g oods that constitute important sources of customs 
revenue) was liberalized gradually by 200845;  and Category C (products deemed sensitive), which 
cannot exceed 15 per cent of each member's total merc handise trade, is to be liberalized by 2012.  In 
addition, a fourth category covers goods inelig ible for preferential treatment under general and 
security exceptions permitted by the Protocol.  This  latter category is expected to represent a limited 
number of products, so that by 2010 about 98 per cent of intra-SADC merchandise trade should be 
duty free.  The phase-down offers (under Categories B and C) are country specific, with more developed member states undertaking faster liberaliza tion than their less developed counterparts.  The 
SADC Free Trade Area has been notified to the WTO.
46  The DRC has not yet joined this process. 
                                                      
41 The ATI is also open to the member states of th e African Union.  It currently has 11 members:  
Burundi, Kenya, Malawi, Rwanda, Tanzania, Uganda an d Zambia (founding members);  and Djibouti, Eritrea, 
Madagascar and the Democratic Republic of the Congo.  Only Tanzania is a non-COMESA member. 
42 Angola, Botswana, DRC, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, 
South Africa, Swaziland, Tan zania, Zambia and Zimbabwe. 
43 At the end of 2009 the DRC had not yet ratified the protocol. 
44 The FTA was launched during the Summit of SADC Heads of State and Government in 2008.  
Online information from the Office of the President of the DRC.  Viewed at:  http://www.presidentrdc.cd/actupdt190808.html. 
45 Category A and B products cover an estimated 85 per cent of goods traded among SADC members. 
46 WTO documents WT/REG176/N1/Rev.1 of 27 August 2004;  WT/REG176/1 of 8 October 2004;  
and WT/REG176/Rev.1 of 19 November 2004. Democratic Republic of the Congo WT/TPR/S/240 
 Page 21 
 
 
41. The Trade Protocol has also identified several non-tariff measures to be eliminated, such as 
import quotas, cumbersome customs procedures, and export subsidies.  A mechanism for monitoring, 
reporting, and eliminating non-tariff ba rriers (NTBs) has been adopted. 
42. A draft regulation on mutual assistance and coop eration in customs matters was approved on 
31 March 2000.47  The SADC Subcommittee on Customs Cooperation and Trade Facilitation has 
finalized discussions on customs documentation (the format of import declarations and certificates of origin), and monitors the process for the remova l by member states of non-tariff barriers by 
establishing systems for electronic validation of certificates of origin. 
43. The SADC Protocol on Development of Touris m, signed in 1998, entered into force on 
26 November 2002.  It is aimed at ensuring equita ble, balanced, and complementary development of 
the tourism industry in the region;  optimizing the use of resources through joint development of 
infrastructure;  involving small and micro-enterprises, local communities, and women and young people;  and facilitating intra-regi onal travel through easing of visa restrictions.  The Protocol also 
contains a provision for setting up a regional body to market the region as a collective tourism destination.  As result, the "Regional Touris m Organization of Southern Africa" (RETOSA) was 
established in 1998.  The RETOSA is partially funded by the private sector. 
44. The SADC Treaty provides for a tribunal to ad judicate members' disputes arising from the 
interpretation or application of the Treaty, the inte rpretation, application or validity of Protocols or 
other subsidiary instruments.
48  Its composition, powers, functi ons, procedures, and other related 
matters are prescribed in the Protocol on Tribunal a nd the Rules of Procedure.  The Members of the 
Tribunal were sworn in on 18 November 2005.  Th e Tribunal is based in Windhoek (Namibia) and 
functions currently with an interim budget. 
45. SADC intends also to liberalize trade in ser vices, but negotiations are yet to start.  
Nevertheless, the SADC programme on trade in services is being implemented through a project 
known as "Support to SADC Regional Integration and Multilateral Trading System", funded by the 
EC, UNCTAD, and the SADC Secretariat. 
46. The main bodies of SADC are the Summit (com prising Heads of State or Government), 
Organ on Politics Defence and Security (OPDS), th e Council of Ministers, Tribunal, SADC National 
Committees, and the Secretariat. 
(e) The Economic Community of the Great Lakes Countries (CEPGL) 
47. The Economic Community of the Great Lakes Countries was set up in 1975 and is composed 
of Burundi, the Democratic Republic of the Congo,  and Rwanda.  Joint en tities were established, 
including a joint bank, an agricultural and anim al research institute, and an energy generating 
company (energy from the Great Lakes).  The signa tories also agreed to apply reciprocal trade 
preferences and identified a list of products eligible for such treatment.  As a result of the crises in the 
three countries, the CEPGL is no longer operational.   Consequently, the signatory countries, including 
the DRC, have been unable to apply the relevant preferential treatment. 
(f) Relations with the European Union (EU) 
48. The DRC enjoys preferential access to th e European Union market, both under the 
Generalized System of Preferences (GSP) and under the special scheme for least developed countries 
                                                      
47 Appendix I to Annex II of the SADC Protocol on Trade, as amended. 
48 Article 32 of the Treaty, as amended. WT/TPR/S/240 Trade Policy Review 
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("Everything But Arms" initiative) whereby LDCs benefit from duty-free and quota-free access to the 
EC market.49 
49. The DRC is one of the 79 ACP countries with which the European Union concluded the 
agreement signed at Cotonou (Benin) on 23 June 200050 to replace the Lomé Convention.  The 
Cotonou Agreement covers the period up to 2020.  The trade provisions constitute one of the 
mechanisms of cooperation between the ACP countri es and the EU.  Under the duty-free regime, the 
EU admitted non-agricultural products and most processed agricultural products originating in 
78 ACP countries (excluding South Africa), on a non-reciprocal basis, up to 31 December 2007.51  
Development aid is provided by the European Deve lopment Fund (EDF), to supplement the bilateral 
initiatives of the EU member countries. 
50. The Cotonou Agreement provides for the nego tiation of regional Economic Partnership 
Agreements (EPAs) which are compatible with WT O rules.  EPAs were to take over from the trade 
provisions set out in the Cotonou Agreement as from 1 January 2008;  the DRC is part of the "Central 
Africa" group.  On 24 January 2003, Central Africa  and the European Union concluded an agreement 
on the Regional Cooperation Strategy Paper for the period 2003-2007, with a view to an EPA.  The 
convention on the financing of the Support Progra mme for Regional Integration in Central Africa 
(PAIRAC) was signed in 2005 and is intended to build trade negotiating an d institutional capacity 
among the region's entities;  to cons olidate economic convergence;  a nd to develop the free movement 
of goods, services, capital and persons.52  EPA negotiations between Ce ntral Africa and the EU were 
still under way in September 2010. 
(g) Relations with the United States of America 
51. The DRC enjoys preferential access to the US market under the GSP and, as an LDC, 
duty-free access for eligible products.  The DRC also  enjoys duty-free access for eligible products 
under the African Growth and Opportunity Act (AGOA).53  The DRC did not qualify for the special 
fabric provision in the AGOA. 
52. In 2008, the DRC ranked as the 125th largest trading partner of the United States with total 
trade (import and exports) of almost US$400 mi llion.  Imports from the DRC amounted to 
US$266 million in 2008, of which US$66 million were under the GSP and AGOA.  The goods 
imported pursuant to those preferential arrangement s consisted mainly of mineral products, resins, 
gems and jewellery. 
                                                      
49 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalized tariff 
preferences for the period from 1 January 2009 to 31 December 2011.  Amended by Commission Regulation 
(EU) No. 1236/2009 of 10 December 2009. 
50 Europa online information, "Cotonou Agreement".  Viewed at:  
http://europa.eu/legislation_summaries/development/a frican_caribbean_pacific_states/r12101_fr.htm. 
51 WTO Members had agreed to a waiver of the EU's obligations under Article I:1 of the GATT 1994 
(on MFN treatment) for the period from 1 March 2000 to 31 December 2007 (WTO  document WT/MIN(01)/15 
of 14 November 2001). 
52 Online information from the European Commission - External cooperation programmes 
(EuropeAid).  Viewed at:  http://ec.europa.eu/europeaid/where/acp/country-cooperation/congo-democratic-
republic/congo_en.htm. 
53 The DRC has been eligible under AGOA since 31  December 2002 but prefer ential treatment did not 
come into effect until 31 October 2003. Democratic Republic of the Congo WT/TPR/S/240 
 Page 23 
 
 
(4) INVESTMENT REGIME  
53. The Ministry with responsibility for Planning is responsible for public and private investment 
policy, including investment promotion.54  The aims of the DRC's investment policy include enhanced 
infrastructures, the establishment of a sound industria l base and the development of natural resources.  
The National Investment Promotion Agency (ANAPI) was established in 2002 (Box II.1) under the 
authority of the Ministers responsible fo r Planning and for State-owned enterprises). 
54. Most sectors of activity are open to investment , the exceptions being those where the State 
retains a monopoly such as insurance, water distri bution (REGIDESO), and electricity (S.N.EL), or 
still has a strong presence such as hydrocarbons (C OHYDRO), railway and river transport, and 
infrastructures.  Activities in those sectors are not open to private investors (whether domestic or 
foreign).  However, around 60 State-owned enterprises are due to be restructured and the government 
has begun to open up the capital of some of the enterprises concerned to  private investment 
(Chapter III(4)).55 
55. The aim of the new Investment Code56, which is a simplified, improved version of its 
predecessor, is to encourage domestic and foreig n investment in activities which are key to the 
country's economic development, but it does not sp ecifically encourage export-related investment.  
The Investment Code guarantees a tax exemption regime and investment facilities in order to attract foreign capital.  Foreigners whose investments are approved may hold the majority of the enterprise's 
capital, regardless of the enterprise's nature.  The r estrictions laid down in the Special Law on trade no 
longer apply in principle to enterprises appr oved in accordance with the Investment Code. 
Box II.1:  Procedures for obtaining investment approval 
The National Investment Promotion Agency (ANAPI) was established under Law No. 004/2002 of 
21 February 2002 on the Investment Code.  Decree No. 08/082009 of 8 August 2009 laid down provisions on 
its regulations, organization and methods of operation.  It is under the authority of the Ministers with 
responsibility for Planning and for State-owned Enterprises. 
ANAPI is responsible for the promotion of public, private and semi-public investment.  Pursuant to the Law, it 
must guarantee equitable treatment and transparent procedures for investors, whether domestic or foreign.  It 
should also promote investment within the country and abroad.  The duties of ANAPI include: 
 - Publicizing legislation and fiscal and parafi scal regulations in the field of investment; 
 - eliminating administrative barriers or bur eaucracy in order to facilitate and speed up 
procedures; 
 - mobilizing and promoting investment, whether domestic or foreign; 
 - strengthening the implementation of the Investment Code in order to attract investors; 
 - monitoring compliance with commitments entered into by the promoters of investment;  - providing information on the investment opportunities in the various sectors on a regional 
basis. 
                                                      
54 Pursuant to Ordinance No. 08/074 of 24 December 2008 laying down the functions of Ministries. 
55 Several laws from July 2008 (see Table II.1) concern the reform of State-owned enterprises and State 
withdrawal. 
56 Law No. 004/2002 on the Investment Code. WT/TPR/S/240 Trade Policy Review 
Page 24 
 
 
Any investor seeking to enjoy the benefits provided for in the Investment Code is required to file an 
application for approval with ANAPI.  The application must be submitted in a predetermined format.  As a 
"single window", ANAPI receives investment plans to be approved under the Investment Code, examines them 
and makes a determination on approval before forwarding the applications to the Ministers with responsibility 
for Planning and Finance for approval (or rejection) by In terministerial Order.  The criteria that the investment 
must fulfil in order to qualify include the following:  the investment must be in an entity established under 
Congolese law;  it must be for at least US$200,000;  and it must be such that the ratio of value added is greater than or equal to 35 per cent.  ANAPI can also give technical opinions on investment plans to be implemented 
in sectors governed by special laws. 
The time-limit for notifying investors of the determination on approval has been reduced to 30 working days 
(calculated from the date of submission of the application) pursuant to the new Investment Code.  The absence 
of a response within the allowed time-limit is interpreted as approval.  Any decision not to grant approval must 
be accompanied by the reasons indicati ng why the application failed to satis fy the criteria laid down in the 
Investment Code. 
ANAPI also monitors investment (in cooperation with the competent authorities).  It is also consulted on 
withdrawal of approval for an investor who has fa iled to honour his commitments.  Any withdrawal of 
approval results in the investor becoming subject to the ordinary law regime, thereby removing the advantages 
conferred under the Investment Code. 
Source : Online information from ANAPI.  Viewed at:  http://www.anapi.org/. 
 
56. The Code provides for a single regime, the general regime57, alongside special provisions for 
SMEs.  Excluded from its scope are mining and h ydrocarbons, banking, insurance and reinsurance, 
defence and arms, and commercial activities.  Invest ments in those sectors are governed by special 
laws (Chapter IV).  Equal treatment of domestic and foreign investors is guaranteed subject to 
reciprocity. 
57. In addition to small retail businesses58, the activities reserved for Congolese nationals include 
traditional crafts, small public transport enterp rises, establishments providing light meals and 
refreshments, and hotel services (fewer than ten beds).  The current Code sets aside the contract-based regime for a single tax and customs regime with greater incentives.  The benefits are limited principally to tax breaks. 
58. Tax and parafiscal benefits are granted for varying periods across the economic regions 
(Table II.2).  There is full exemption from taxes on professional income tax, land revenues, turnover 
and duties applicable to capital formation.  The bene fits also vary according to the type of enterprise 
concerned, the number of jobs created, measures to train and promote local staff and the export 
potential of the investment plan.  A reducing-balan ce depreciation regime applies to investments in 
socio-economic infrastructures made in addition to the approved plans (schools, hospitals, sports 
infrastructure and roads).  Upon expiry of these tem porary benefits, the beneficiary enterprises revert 
to the ordinary law regime. 
                                                     
 
57 To qualify under the general regime, investors must be an economic entity established under 
Congolese law, be respectful of the environment and nature, provide training to Congolese staff, guarantee a ratio of value added of at least 35 per cent, and investments must be for a minimum sum of US$200,000. 
58 Small enterprises are still subject to Decrees Nos. 79-021 of 2 August 1979 and 90-046 of 
8 August 1990 which prohibit foreign investors from entering the retail trade.  In practice, however, foreign investors have a presence in all activities. Democratic Republic of the Congo WT/TPR/S/240 
 Page 25 
 
 
Table II.2 
Identification of the economic regions and the dur ation of the benefits afforded to investors 
Economic region A  - City of Kinshasa 3 years 
Economic region B  - Province of Bas-Congo 4 years 
 - City of Lubumbashi  
 - City of Likasi  
 - City of Kolwesi  
Economic region C  - Province of Bandundu 5 years 
 - Province of Équateur  
 - Province of Kasai-Occidental  
 - Province of Kasai-Oriental  
 - Province of Maniema  
 - Province of Nord-Kivu  
 - Province of Sud-Kivu  
 - Province of Orientale  
 - Province of Katenga  
Source : Information supplied by the authorities of the Democratic Republic of the Congo. 
 
59. Customs benefits consist in exemption fro m import duties and taxes on new equipment, 
machinery and tools and initial spare parts where th e value of such equipment does not exceed 10 per 
cent of its customs value.  Imports of second-hand heavy vehicles, vessels and aircraft are admitted 
fully exempt;  similarly, exports of all or part of finished products that are worked or semi-worked so 
as to impact favourably on the balance of payments  are exempt from export duties and taxes.  Under 
the exemptions regime, capital and imported equipmen t must not leave the territory of the DRC for a 
minimum of five years.  An administrative fee of 5 per cent is levied on the c.i.f. value of imports 
exempt from duties and taxes. 
60. The State guarantees investors' freedom to transfer abroad revenue generated by 
investment-related transactions in accordance with the foreign exchange regulations (Chapter I).  An 
investment made in the DRC cannot be nationalized or  expropriated (whether in its entirety or in part) 
pursuant to a new law or local authority decision ex cept for a public purpose in return for payment of 
fair compensation.  Copyright is, in principle, protected by law in the DRC (Chapter III(4)(iii)(v)).59  
Dividends, royalties, principal and interest may al so be freely transferred as may compensation for 
expropriation owed to a foreigner. 
61. Undertakings which have received approval must  implement the programme as described in 
the Order and within the time-limits laid down by it;  keep accounts in compliance with the Congolese 
chart of accounts;  monitor the performance of the investment;  and allow inspections by the 
competent authority.  They must also train and promote Congolese staff and comply with environmental protection and na ture conservation regulations. 
62. Any disputes are to be settled amicably and, as far as possible, within three months.  
Otherwise the dispute will be settled by the Intern ational Centre for Settlement of Investment 
Disputes (ICSID)
60, or by arbitration by the Interna tional Chamber of Commerce in Paris. 
                                                      
59 The country is signatory to several internatio nal agreements administered by WIPO, the Paris 
Convention for the Protection of Industrial Property which protects registered trade marks and industrial 
property.  The DRC is a also a member of the Berne Convention which protects copyright and literary rights. 
60 The ICSID Convention relates to investment disputes between States and nationals of other States 
and was ratified by the DRC on 29 April 1970. WT/TPR/S/240 Trade Policy Review 
Page 26 
 
 
63. The DRC is a member of the Multilateral I nvestment Guarantee Agency (MIGA), which 
provides insurance for new forei gn investment against the risk of expropriation, civil war and 
exchange rate losses.  Negotiations are currently  under way with the DRC to extend the coverage 
provided by MIGA to other sectors.  The DRC is also a member of the Africa Trade Insurance 
Agency (ACA) which insures investments against risks of all kinds, including commercial risk. 
64. The accession of the DRC to the Organization for the Harmonisation of Business Law in 
Africa (OHADA) is under way.61  The Treaty should enhance legal certainty by providing the parties 
with a common, simple, modern business law.  It establishes appropriate judicial mechanisms for the 
settlement of commercial disputes. 
65. The DRC has signed bilateral investment treatie s with the United States, Germany, France, 
Belgium, Italy, the Republic of Korea, South Afri ca and China.  Bilateral negotiations were still under 
way in 2009 with Lebanon, Côte d'Ivoire and Burkina Faso. 
66. The DRC has made efforts to improve its bus iness climate, including by acceding to the 
United Nations Convention against Corruption;  the adoption in 2004 of a Law against corruption and 
a Law on money laundering;  simplification of proce dures for establishing companies;  reduction in 
the fee for entry on the new trade register;  reduction in the time taken to grant a national 
identification number;  and reductions in the cost  of construction permits and proportional duties for 
the registration of real estate transfers.  As a r esult of a number of shortcomings, however, the country 
has still not managed to attract a large flow of fore ign direct investment.  This is the result of its 
damaged economic environment and a non-transp arent business environment.  Inadequately 
developed infrastructures, limited access to credit62, corruption, the onerous nature of administrative 
procedures and their disproportionately high cost (for example the high cost and lengthy wait involved in obtaining a national identification number, entry on the trade register, and declarations to 
the labour inspectorate and the National Employment Office) are recurring issues for foreign investors. 
67. The DRC is ranked 171
st out of the 180 countries in Transparency International's Corruption 
Perceptions Index 2008, and 182nd out of 183 in Doing Business 2010  for the ease of doing business.63  
The government has set about reforming the le gislative framework to improve the business 
environment and encourage private investment, especi ally in sectors with development potential such 
as mining, forestry, agriculture and infrastructure. 
                                                      
61 Law No. 10/002 authorizing the accession was prom ulgated on 21 February 2010.  Viewed at:  
http://www.presidentrdc.cd/actupdt120210.html. 
62 The practice of granting credit is not widespread and payment of the full amount owing is often 
required in the contract. 
63 Transparency International (2009) and World Bank (2010).