Democratic Republic of the Congo WT/TPR/S/240 
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IV. TRADE POLICIES BY SECTOR 
(1) INTRODUCTION  
1. The Democratic Republic of the Congo (DRC) rega rds agriculture (including hunting, fishing, 
livestock and forestry) as one of the engines of ec onomic growth necessary for its reconstruction and 
for poverty reduction.  It possesses considerable natu ral resources and the climate is favourable for 
agriculture.  This sector continues to make an im portant contribution to GDP and employment.  Its 
huge potential has still not been fully exploited.  Pr iorities include the revival and revitalization of the 
production of palm oil, rubber, cocoa, cotton, tea and coffee, which provide the country with 
substantial export income, and in the medium term  food crops and livestock production.  Since 2002, 
subsidies and price support measures having been a bolished, border measures are the main trade 
policy instruments applied to Congolese agriculture.  New regulatory frameworks defined by the Note 
on Agricultural Policy (April 2009), the Agricultural C ode and the Forest Code have recently been 
adopted by Parliament and published by the Governme nt in order to revitalize agriculture, forestry, 
fishing and aquaculture, with a view to the sustainable management of resources. 
2. The DRC possesses huge resources for the developm ent of its mining sector which at present 
makes only a very small contribution to the country 's growth, although if its potential were to be 
better exploited it would boost job cr eation and improve fiscal revenue.1  It is estimated that 
200,000 people depend di rectly or indirectly on the industrial mining sector while at the same time 
between 500,000 and 2 milli on people are engaged in small-scale mining.2  Annually, between 
US$200 and 400 million in fiscal revenue, i.e. between 20  and 40 per cent of the total, comes from the 
mining sector.  Moreover, the development of this sector will have a carry-over effect on industry in 
general via, on the one hand, the development of certain related services and agriculture and, on the 
other, the expansion in local processing of the ra w materials.  In fact, the DRC's development 
difficulties suggest that it may be the victim of  the perverse effects of the possession of natural 
resources (generally known as the "Dutch diseas e syndrome").  The Government has recently 
undertaken reforms in the sector. 
3. The manufacturing sector is currently composed  of a few small processing units operating in 
the agrifood, chemical, textile and capital equipmen t industries.  Like the economy as a whole, the 
manufacturing sector has long suffered from the socio-po litical crisis that the country has experienced 
in recent years.  The processing units have been cu t off from their sources of supply, as a result of 
which they have been unable to operate at full cap acity.  The principal trade measures applied to the 
sector consist of protective tariff rates that vary so mewhat irregularly from one industry to another.  
Moreover, the tariff structure encourages neither investment, in some industries, nor improved 
international competitiveness, in others. 
4. Services make an important and steadily increasing (since 2000) contribution to GDP, which 
testifies to the dynamism of this sector within th e economy.  Most of the restrictions on trade in 
services have been abolished.  However, the State monopoly is being maintained in the provision of 
such services as the production and distribution of  water and electricity, fixed telephony and some 
postal services.  The provision of such services as transport, where costs remain high, and electricity, which is subject to power cuts, although these are te nding to become less fre quent, and problems with 
access to credit are all handicapping the performance of the rest of the economy.  The DRC has a 
considerable, currently underexploited tourism poten tial.  Within the context of the GATS, it has 
undertaken specific commitments in only a smal l number of branches, namely, certain business 
                                                     
 
1 In fact, in 2006 the mining sector made only a 10 per cent contribution to growth as compared with a 
potential 25 per cent. 
2 Potentially, as many as 10 million Congolese could depend solely on the small-scale mining sector. WT/TPR/S/240 Trade Policy Review 
Page 54 
 
 
services and tourism and travel-related services.  These commitments mainly concern commercial 
presence. 
(2) AGRICULTURE , LIVESTOCK , FISHING AND FORESTRY  
(i) Overview 
5. Agriculture is an important sector for the C ongolese economy (Chapter I).  In the 1990s, 
following the collapse of other key sectors of the economy, mining in particular, agriculture, which 
employed about three quarters of the population, was the only sector to perform well, accounting for 
up to half of national income. 
6. The DRC has a vast agricultural potential with  natural resources and a climate that favours a 
range of activities.  The country has about 80 milli on hectares of cultivable land, of which only 10 per 
cent is currently being cultivated.  It also has 55 million hectares of exploitable dense forest.3  The 
Congo Basin, with a drainage system that accounts fo r half of Africa's fresh water reserves, has a 
climatic range that favours the cultivation of crops such as bananas, cassava, rubber, oil palm, cocoa 
and coffee, to mention but a few, while the m ountainous areas in the east and north-east of the 
country, with a temperate climate, lend themselves to livestock production and the cultivation of sugar 
cane, potatoes, tea and coffee.  In the centre of the country, the savannah areas are suitable for 
growing grain legumes, cereals, rice and cotton, as well as for livestock. 
7. Despite the huge potential, for several decades th e DRC's agricultural productivity has been in 
almost constant decline, with a steep regression in perennial and industrial cr ops.  Estimated at 70 per 
cent between 1960 and 1980, agriculture's share of GDP  fell to 50 per cent in 2000.  The palm oil, 
rubber, cocoa, cotton, tea and coffee crops, a majo r source of export income, collapsed.  The areas 
available for grazing, which could potentially be us ed to raise more than 40 million head of cattle, 
currently support only about 700,000 head, or half the 1990 level of 1.5 million.  The vast inland fresh 
water system (lakes and rivers, large and small), with a potential annual production of more than 
1 million tonnes of fish, currently produces only about 200,000 tonnes. 
8. Altogether, the main food crops - cassava, sugar cane, bananas (plantains and sweet bananas), 
maize (corn), unshelled groundnuts, palm nuts, dried beans, fresh vegetables and sweet potatoes - 
account for about 75 per cent of agricultural producti on.  Agricultural exports, including wheat bran, 
leaf tobacco, wheat, green coffee, natural rubber (dri ed), cocoa beans, and palm wood and oil, account 
for about 15 per cent of production.  Fishery and livestock products make up 10 per cent of production 
(Table IV.1). 
Table IV.1 
Main agricultural products, 1990-2008 
(Thousands of tonnes) 
 1990 2000 2003 2004 2005 2006 2007 2008 
Imports         
Wheat 150.3 100.0 263.0 257.8 205.5 356.6 257.7 .. 
Sugar, refined 24.2 8.7 7.4 2.5 5.9 5.2 132.6 .. 
Wheat flour 58.2 84.5 180.0 130.0 130.0 83.1 99.4 .. 
Corn flour 0.0 35.0 70.0 76.9 54.5 49.1 54.8 .. 
Poultry meat 22.0 11.8 21.9 36.3 36.7 43.0 50.6 .. 
Palm oil 0.0 4.4 18.0 9.9 15.5 32.3 47.4 .. 
Sugar, raw, centrifuged 0.0 36.5 70.0 66.6 77.7 58.7 44.2 .. 
Barley malt 25.0 14.7 11.5 18.6 24.8 24.0 27.3 .. 
Peas, dry 0.0 1.6 7.3 8.6 8.5 7.3 21.3 .. 
Rice, broken 0.0 1.3 1.7 5.2 8.9 8.5 14.0 .. 
                                                      
3 Democratic Republic of the Congo (2003). Democratic Republic of the Congo WT/TPR/S/240 
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 1990 2000 2003 2004 2005 2006 2007 2008 
Confectionery 1.0 2.4 2.4 9.4 4.1 13.1 11.7 .. 
Maize (corn) 80.0 20.0 25.0 3.3 17.6 27.8 11.5 .. 
Tomato purée 6.2 1.6 4.6 5.0 3.1 4.1 10.8 .. 
Whole milk, dried 0.0 4.5 8.0 9.8 8.7 13.5 9.0 .. 
Food preparations, preparations of 
flour, malt extract 1.6 3.5 4.2 7.0 11.5 16.9 8.0 .. 
Exports         
Wheat bran 24.0 24.0 22.6 12.5 33.9 9.6 21.8 .. 
Tobacco,  leaf 0.2 0.2 0.3 5.9 4.2 9.0 10.4 .. 
Wheat 0.0 0.0 0.0 0.0 0.0 0.0 5.3 .. 
Coffee, green 104.3 29.2 5.6 7.5 7.6 6.2 4.8 .. 
Rubber, natural (dried) 7.0 0.2 0.7 0.9 1.6 2.2 1.6 .. 
Cocoa beans 5.4 2.8 0.6 1.1 0.8 1.0 0.9 .. 
Wheat bran 24.0 24.0 22.6 12.5 33.9 9.6 21.8 .. 
Production           
Cassava 18,715.0 15,959.0 14,944.6 14,950.5 14,974.5 14,989.4 15,004.4 15,019.4 
Sugar cane 1,691.1 1,669.0 1,579.4 1,550.6 1,522.3 1,494.5 1,550.0 1,550.0 
Plantains 2,097.0 1,178.1 1,206.8 1,199.4 1,193.0 1,200.0 1,204.9 1,206.7 
Maize (corn) 1,008.0 1,184.0 1,154.8 1,155.0 1,155.3 1,155.5 1,155.7 1,156.0 
Palm nuts 1,025.4 1,119.2 1,065.3 1,078.8 1,092.5 1,106.3 1,120.4 1,134.6 
Groundnuts, with shell 528.4 382.0 359.6 363.9 368.1 368.7 369.4 370.0 
Fresh vegetables, nes 335.0 260.0 340.0 350.0 350.0 350.0 350.0 350.0 
Rice, paddy 392.3 337.8 314.8 315.1 315.5 315.8 316.2 316.5 
Bananas 404.8 312.0 313.9 313.5 314.0 314.5 314.9 315.5 
Sweet potatoes 377.0 237.0 223.2 224.5 229.8 233.1 236.5 240.0 
Papayas 208.0 213.0 212.2 214.1 216.0 217.9 219.8 223.8 
Mangoes, mangosteens and guavas 208.0 206.0 199.9 201.6 203.3 205.0 200.0 200.0 
Pineapples 160.0 196.0 194.2 195.2 195.2 196.3 195.0 195.0 
Palm oil 179.0 167.6 175.0 175.0 175.0 175.0 180.0 182.0 
Oranges 175.0 185.0 179.8 180.0 180.3 180.5 180.7 180.9 
Beans, dry 135.0 122.0 108.4 109.3 110.3 111.3 112.3 113.2 
Potatoes 33.3 89.8 91.9 92.3 93.1 93.1 93.6 94.0 
Yams 267.1 96.9 85.3 84.9 84.9 85.9 87.0 88.1 
Taros (Colocasia) 38.8 61.9 65.6 65.7 65.8 66.0 66.1 66.3 
Fruit, fresh, nes 59.0 57.0 60.0 63.0 63.0 65.0 65.0 65.0 
Avocados 40.0 62.5 61.0 61.8 62.6 63.5 62.0 62.0 
Cowpeas, dry 55.0 48.0 52.0 63.7 55.0 56.3 55.0 55.0 
Onions, dry 53.0 53.0 58.0 58.0 60.0 53.0 54.0 54.0 
Melon seeds 39.5 37.0 40.0 50.0 50.0 50.0 50.0 50.0 
Palm kernels 72.0 60.0 45.0 45.0 46.0 47.0 47.0 48.0 
Tomatoes 40.3 43.0 45.0 46.0 46.0 40.0 42.0 42.0 
Millet 34.2 34.3 36.4 36. 7 37.0 37.3 37.5 37.8 
Chillies and peppers 28.3 31.0 33.0 32.0 33.0 33.0 34.0 34.0 
Coffee, green 101.6 46.8 32.1 32.0 32.0 32.0 31.9 31.9 
Pumpkins and squash 40.0 31.0 29.2 29.6 29.9 30.3 30.6 31.0 
Livestock         
Bovine animals (thousand head) 1,030a 947 688 838 757 756 754 453 
Sheep (thousand head) 957a 921 888 1,178 900 900 901 902 
Goats (thousand head) 4,286a 4,195 3,964 5,608 4,022 4,028 4,034 4,040 
Pigs (thousand head) 1,051a 934 963 1,497 953 961 963 965 
Poultry (thousand head) 22,137a 21,969 18,612 19,171 19,769 19,828 19,888 19,948 
Eggs (millions) 625a 627 558 575 593 595 1,152 1,156 
Milk (million litres) 31a 23 21 22 22 21 21 21 
.. Not available. 
nes Not elsewhere specified. 
a Data for 1997. 
Source : FAOSTAT online information.  Viewed at:  http://faostat.fao.org/;  Ministries responsible for agriculture and the 
environment, National Agricultural Statistics Service (for the livestock section). 
 
9. Agriculture is mainly based on a system of mixed crop farming combined with small-scale 
livestock breeding (goats, sheep, pigs and poultry), generally on small fami ly holdings of one to 
two hectares.  Because the production methods employed  are rudimentary, yields are low.  Apart from WT/TPR/S/240 Trade Policy Review 
Page 56 
 
 
the private coffee, tea and oil palm plantations, units  are mainly held under the customary regime of 
land tenure, with the result that most holdings are unr egistered and there is no official market for land. 
10. Despite the low population density of the DRC ( 22 inhabitants per squa re kilometre), access 
to land for the creation of new industrial planta tions remains a problem.  Although the establishment 
of small or medium-sized, often family-run farm s presents no difficulties, this cannot be said of 
large-scale integrated agricultural concessions, pa rticularly as land law is ambiguous, reflecting a 
progressive transition from customary law to a modern law of land tenure.  The present system of 25-year leases is discouraging foreign investors and impeding the emergence of large industrial units.  
The DRC would also gain from the adoption of appropr iate legal instruments so that concessions can 
be granted transparently in a manner acceptable to national investors. 
11. The labour market presents another paradox.  Despite the strong population growth, the 
industrial plantations report a lack of agricultural labourers and technicians, together with very high 
levels of absenteeism - up to 20 per cent on some pl antations.  The liberalization of small-scale gold 
and diamond mining, which pays better than farming,  has helped to drain off the agricultural labour 
force into the mining sector.  The violence from which the country has suffered during the last 
15 years has resulted in a massive rural exodus.  There are very few even moderately skilled 
technicians, and the plantations that train their own employees run the risk of seeing them leave in 
search of alternative employment once they have been trained. 
12. Access to credit, already very limited throughout the Congolese economy, is a major 
constraint on the agricultural sector.  The banking sy stem, which consists of fewer than half a dozen 
commercial banks, has little depth (a bout 300,000 accounts) and is c onfined to the capital.  The 
limitations on access to credit are made all the mo re punishing by the fact that Congolese agriculture 
is in serious need of investment in biological  material (all the stock is old, unproductive and 
vulnerable to numerous diseases) and in agricultural e quipment.  The need for investment is such that 
only substantial foreign investment in a revitaliz ed plantations sector could enable the supply to 
respond to market opportunities.  Moreover, expo rt procedures must be simplified and levies 
rationalized, in parallel with improvements in security and trade facilitation. 
(ii) Agricultural policy 
13. The Ministry of Agriculture, Livestock and Fisheries (MAPE) is responsible for the 
formulation and implementation of agricultural policy.
4  This policy is aimed at encouraging and 
strengthening the modernization of the agricultu ral sector and improving the living conditions of 
farmers and the rural population.  Apart from th e MAPE, a number of other departments also 
intervene in the agricultural sector, namely, the Mini stry of Rural Development (MDR), the Ministry 
of Trade (in connection with trade regulations), the Ministry of Finance (in matters of taxation), the 
Ministry of the Economy (price setting), the Ministry  of Health (sanitary and phytosanitary aspects), 
the Ministry of the Environment, and certain service s attached to the Office of the President.  This 
leads to certain functions being split up and underm ines the effectiveness of State action by giving 
rise to numerous jurisdictional disput es and substantial additional costs. 
14. A recovery programme for the sector has be en drawn up by the Government with the 
participation of various developmen t partners.  The objective is to equal and then exceed the pre-crisis 
(1990-2001) level of production.  The weakness of production is reflected in a lack of food security, 
                                                      
4 Ordinance No. 08/074 of 24 December 2008 establishing the functions of the Ministries.  Official 
Journal of the Democratic Republic of the Congo , 49th year, special issue. Democratic Republic of the Congo WT/TPR/S/240 
 Page 57 
 
 
malnutrition, a shortage of high-quality seed, rising prices, and a failure to develop the processing and 
preservation of agricultural and fishery products.5 
15. Since 2002, subsidies and price support measures having been abolished, border measures are 
the main trade policy instruments being applie d to Congolese agriculture.  According to the 
ISIC (Rev.2) definition, the simple MFN averag e customs tariff rate in  the agricultural sector 
(livestock, fishing and forestry included) is 10 per cent with a coefficient of variation of 
0.45 indicating moderate tariff rate dispersion (Table AIV.1).  However, like other products, 
agricultural imports are subject to a multitude of ot her levies and taxes, to which should be added the 
cumbersome import formalities.  All this tends to encourage fraud, which reduces the level of 
protection that the authorities believe they ar e providing for domestic producers (Chapter III(2)). 
16. Agricultural inputs, such as fe rtilizer, pesticides and fungici des, are all imported.  The 
production, importation, exportation, packaging, storage and distribution of fertilizer are jointly regulated by the ministries responsible for agricultu re, trade, the environmen t and health.  However, 
imported agricultural inputs and equipment, though s ubject to the relatively low tariff rate of 5 per 
cent, are also subject to several other levies and taxes (Chapter III(2)), which discourages their use. 
17. Agricultural exports are also subject to duties of from zero to 2 per cent of the f.o.b. value.  
These taxes are augmented by the levies imposed by a wide range of institutions (OCC, National 
Coffee Office (ONC), MAPE, Multimodal Freight  Management Office (OGEFREM), and the 
provinces, among others).  These bring the total tax on  exports to about 11-13 per cent, to which must 
be added the "multiple facilitation charges" which private operators have to pay to prevent their 
exports from being delayed and whic h may amount to 3-4 per cent of the f.o.b. value of the exports.  
Thus, the various measures (taxation, procedures an d controls) are of a nature such as to discourage 
both imports and production and exports, when imposed on inputs. 
18. The development of the agricultural sector will mainly depend on the reforms to be 
introduced for the purpose of generally improvi ng the business climate and attracting private 
investment.  In addition to the factors listed above, the competitiveness of Congolese agricultural and 
agro-industrial enterprises is currently being erode d by:  (i) the low level of productivity of labour, 
both skilled and unskilled;  (ii) the low level of agricultural productivity due to the difficulty in obtaining access to improved plant and animal material  and other inputs;  (iii) the high cost and 
unreliability of their energy supplies;  and (iv) th e difficulty in obtaining the credit/financing required 
to modernize their production plant. 
19. The Government intends to attract private investment, in particular, by introducing fiscal 
reforms and rationalization, including the establishm ent of single window systems;  by refocusing the 
State's mission in the sector;  by decentralizing and transferring responsibility for the design and 
implementation of agricultural programmes to the provincial level;  and, finally, by promoting and 
strengthening partnerships between  the State and non-State players.  It is also intended to take 
measures to facilitate agricultural employment and training and access to credit.  The Government 
also plans to promote the national agricultural ex tension and research programme, which is aimed at 
improving technical and, in some cases, financ ial assistance for farmers.  All these measures are 
contained in the draft law on the Agricultural Code under discussion in Parliament.  The draft Code is 
primarily aimed at creating a harmonious and in centivizing context for partnership between the 
enterprise (agricultural, livestock or fishery), the peasant farmer associations, the development and 
                                                     
 
5 GPRSP, DRC, page 68. WT/TPR/S/240 Trade Policy Review 
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advisory NGOs, and the State and its services, with a view to establishing profitable and sustainable 
relations between these different entities and the provincial administration.6 
20. It will take time to relieve Congolese agriculture of  its structural constraints.  In the short and 
medium term, the competitiveness of the sector could be improved and promoted.  This could be done 
by:  (i) eliminating all taxes on imported agri cultural inputs and equipment and on agricultural 
exports;  (ii) improving the incentives under the Invest ment Code to take account of the particularities 
of the sector;  and (iii) rationalizing export forma lities in order to minimize the number of levies and 
the formality-related delays they introduce.  These measures would involve only minor loss of 
revenue for the State and would significantly reduce fraud.   In fact, their net fiscal effect could prove 
to be positive. 
(iii) Policy by subsector 
(a) Livestock and animal products 
21. Products of animal origin, mainly destined  for the domestic market, consist of bovine 
animals, goats and sheep, together with poultry, milk and eggs.  Overall,  between 1997 and 2008 the 
animal population tended to decrease and/or stagnate (T able IV.1).  According to the authorities, there 
are two methods of raising livestock.  The most widespread is the traditional free-range method 
characterized by low yields and involving migratory he rding.  It is used primarily to raise smaller 
animals, such as goats, sheep and pigs, for their me at, which is mainly reserved for own consumption 
or sold on urban markets. 
22. The other method, namely, intensive livestock farming, involves sheep and goats.  It is 
practised mainly on the pasture land in the north an d east of the country and is characterized by its 
relatively high productivity.  Pig farming is gr adually being developed by  private cooperatives and 
churches.  The local market continues to be s upplied chiefly by small family farms.  Poultry 
production, on the other hand, is organized and includ es, apart from individual farmers, large units for 
the production of one-day chicks a nd fertilized eggs for supplying the producing farms.  Alongside 
these, units for manufacturing poultry and pig feed have also been developed. 
23. According to the authorities, the main problem facing poultry production is still the high price 
of inputs and cheap imports.  Imports consist main ly of poultry meat and milk.  Poultry imports, 
chiefly frozen chicken, have increased marked ly since 1999, rising from 22,000 tonnes in 1999 to 
51,000 tonnes in 2007 (Table IV.1).  Despite paying duty at an average rate of 10.6 per cent (HS 02.07:  meat of poultry) or 10 per cent (HS 02.07.12:  poultry, frozen), a multitude of other levies 
and taxes and the various controls and associated costs (Chapter III(2)), this imported frozen poultry 
is sold at one quarter of the price of live birds on th e local markets.  According to the authorities, this 
shows the poor quality of these products which are fraudulently introduced into local markets and 
constitute a serious threat to the em ergence of the local poultry industry. 
24. In addition to surcharges and red tape, the constraints on the development of livestock 
production also include the shortcomings of the t echnical support services for livestock breeders with 
respect to veterinary care and balanced feeding, to gether with the poor state of the roads for getting 
the products to market, the production plant and the b asic infrastructure.  This partly accounts for the 
difference in price between local products and imports. 
                                                     
 
6 Democratic Republic of the Congo (2009). Democratic Republic of the Congo WT/TPR/S/240 
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(b) Cash crops 
25. Coffee, rubber, oil palms, cotton, cocoa and tea were some of the DRC's main cash crops until 
the end of the 1960s and a significant source of export earnings and employment.  In 1960, the DRC was the world's second largest exporter of palm oil, after Malaysia;  today, the country imports more 
than 50,000 tonnes of palm oil.  The DRC was also  the leading African cotton producer, with about 
200,000 tonnes of seed cotton pro duced by some 800,000 small growers;  today, at about 
6,000 tonnes, cotton production is in process of di sappearing.  In general, the cash crops grown on 
large commercial plantations have collapsed si nce the 1970s, due primarily to the policy of 
"Zairianization", the pillaging of the years 1991-1993 and the numerous armed conflicts of the period 
1996-2003.
7  When the large modern plantations collapsed  they took with them the small family units 
for which they served as outlets.  Now, most of th e industrial production and export chains have been 
badly affected.  Many of the businesses concerned ha ve gone bankrupt as a result of their output and 
exports having fallen sharply or even having been wiped out. 
26. There is considerable potential for the grow th of cash crop production in the DRC.  The 
country has excellent comparative advantages for producing several commercial crops in its various 
provinces, which offer agricultural and climatic conditions and soils highly favourable for their 
cultivation.  However, for this sector to deve lop it will be necessary to eliminate the various 
bottlenecks that are strangling Congolese competitive ness in the production of these crops (coffee, 
tea, rubber and palm oil), namely, low agricultural productivity (difficulties in obtaining selected seedlings and renewing plantations), inefficient proc essing (lack of financing for factory renovation), 
and transport and export costs rendered pr ohibitive by red tape and high levies. 
27. Following "Zairianization" in 1973, numerous plantations growing mostly perennial crops, 
such as coffee, tea and rubber, were abandoned, but th e village plantations cont inued to develop.  The 
progressive withdrawal of the State from agricultural activity, after 1983, led to the abolition of export 
taxes, a substantial reduction in the supervision of production by public companies, the elimination of 
State control of coffee and cocoa quality and prices, and the liberalization of the marketing of these 
products and the inputs used in their production.
8  This resulted in a reduction in the consumption of 
fertilizer and pesticides.  The reduced flow of inputs, combined with anti-competitive marketing 
practices, discouraged the cultivation of these products  and contributed to a de terioration in quality, 
an increase in the differential between world prices and producer prices, and the progressive abandonment of these crops in favour of food crops.  The various armed conflicts that the country has 
experienced in the last 15 years deliv ered the final blow to the sector. 
28. The lack of a consistent agricultural policy is  the fundamental reason for the stagnation, or 
indeed disappearance, of these chains which have su ffered badly from, in particular, the rural exodus, 
insecurity, mainly in the east of the country, the unavailability of improved seed, and the difficulties 
of obtaining financing for renewing production pl ant.  The DRC's Diagnostic Trade Integration 
Study (DTIS) has just been validated.
9  This study makes a number of recommendations and defines 
the priorities for the revitalization of the various agricultural subsectors capable of bringing growth 
and development.  The Government of the DRC intends  to recast its role in terms of purely regalian 
functions and support for research, leaving production and marketing to the private sector. 
                                                      
7 "Zairianization" consisted in a policy of expropria tion of production units belonging to foreigners by 
the State which then handed them over to nationals.  This policy, intended to create a national businessman 
class, of "purchasers" with no tech nical or managerial business skills, turned out to be a veritable economic 
disaster for the DRC. 
8 In 1983 the DRC had signed an Economic Stabilization Programme with the IMF. 
9 The study was begun in January 2009 and validated on 13 July 2010. WT/TPR/S/240 Trade Policy Review 
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Coffee 
29. Arabica is grown in the east of the country (North and South Kivu pr ovinces).  Although it 
flourished in the 1960s with an output of about 40, 000 tonnes, the sector subsequently collapsed and 
now exports only about 4,500 tonnes.   Robusta production did not escape the decline of the Congolese 
economy.  In 1960 the DRC exported about 50 ,000 tonnes of Robusta and in 1989 about 
110,000 tonnes, before exports collapsed, during the last 20 years, to the current approximately 20,000 tonnes. 
30. Yields are extremely low (between 150 and 300 kg. per hectare) because of ageing plants and 
low plantation densities (more than 80 per cent of th e plantations are 30 or more years old), lack of 
access to improved varieties and bad cultivation prac tices.  The quality is also poor (in 2006, only 
1.6 per cent of production was classified in the t op categories (K1 to K3) as compared with 43.6 per 
cent in the 1950s), which has meant a greatly reduced price for the product on the international market.  Some large plantations, such as Katale (Goma), import high-yielding varieties from neighbouring countries, but the vast majority of  (small) producers have no access to selected plant 
material or to the necessary advice.  Research programmes on coffee (Arabica and Robusta) by the 
National Institute for Agronomic Studies and Resear ch (INERA) were halted at the beginning of the 
1990s.  At about the same time the National Co ffee Office (ONC), responsible for providing 
producers with support, completely ceased its r esearch activities and now only controls exports.
10 
31. Imports of unprocessed coffee, other than seed, are subject to an average customs duty of 
14 per cent (HS 09.01) with rates that vary from 5 to 20 per cent.  In addition to customs duty, 
imported coffee is also subject to a multitude of othe r levies and taxes, together with various controls 
and their associated costs (Chapter III(2)).  Th ese measures are discouraging the development of 
coffee processing in the DRC. 
Tea 
32. Tea, like Arabica, is grown mainly in the east of the country (North and South Kivu 
provinces).  Production trends have been similar to those for Arabica:  a long decline after 
independence, with "Zairianization" provoking th e abandonment of a large number of plantations, 
which also led to the halting of the village pr oduction that these plantations processed in their 
factories.  Towards the mid-1960s, there were about 14,000 hectares of plantations, including 1,500 hectares of village plantations (9 per cent) , producing 11,000 tonnes of marketable tea.  By 
1985 production was only 4,500 tonnes and follow ing the conflicts of 1996-1998 it collapsed 
(600 tonnes in 2001).  Since then it has recovered slightly and in 2009 was estimated at about 
2,000 tonnes of marketable tea, produced exclusively by the few large plantations that still survive, 
village production having virtually disappeared (60 tonnes in 2006). 
33. Where tea production is concerned, the yields are very low (300-500 kg./hectare of 
marketable tea or 2.0-2.5 tonnes of fresh leaves for small planters, and 1 tonne/hectare or 5 tonnes of 
fresh leaves for industrial plantations) owing to th e age of the plantations (between 30 and 60 years), 
the non-use of inputs, and bad cultivation practices.  The estates still in production (six in 2006), 
which have made a cautious start on rehabilitating their plantations, are obtaining their selected plant 
material from Rwanda or Kenya.  As for the small planters, they have no access to this material.  
Moreover, today there are only five obsolescent fact ories in operation, as against 22 in 1960.  These 
have very low productivity, consume excessive am ounts of wood and produce tea of an inferior 
                                                     
 
10 The ONC has three regional offices in the region and has installed a few germinators and nurseries, 
but its support activities are very marginal. Democratic Republic of the Congo WT/TPR/S/240 
 Page 61 
 
 
quality, which can be sold only at much reduced prices.11  Before the sector can recover, these 
factories will have to be rehabilitated, which will re quire substantial investment.  The tea produced is 
mainly exported (sold at auction in Mombasa), with the exception of small quantities sold on the 
Kinshasa market. 
34. The duty on tea is 20 per cent (HS 09.02).  To this must be added a multitude of other duties, 
taxes and levies, together with various controls and their associated costs (Chapter III(2)).  These 
measures are discouraging the development and processing of tea in the DRC. 
Rubber 
35. The agricultural and climatic conditions that prev ail in the Congo Basin, which has a drainage 
system equivalent to half of Africa's fresh wate r reserves, favour rubber-growing.  The production of 
rubber (on plantations) commenced in the DRC in  1906 under the Belgian occupation.  At 
independence in 1960, the Congo had around 90,000 hectar es of plantations, of which one third were 
at the village level (principally in Bas-C ongo, Equateur, Bandundu an d Orientale), producing 
60,000 tonnes of rubber.  By the end of the 1970s, as with most other perennial crops, following the 
"Zairianization" of the industrial plantations pr oduction had fallen to 20,000 tonnes and exports to 
18,000 tonnes.  Since then, the decline has continued and annual pr oduction is now around 
10,000 tonnes, produced almost exclusively by the 15,000 hectares of industrial plantations since village plantations have practically disappeared.  Three quarters (7,500 tonnes) of the production is 
exported, the remainder (2,500 tonnes) being used  locally to make tyres (Cobra) and footwear. 
36. The rubber sector offers the DRC an important source of growth and poverty reduction.  
Sustained growth in this sector would have substan tial benefits for the country, in terms not only of 
export earnings but also of job creation, especially if  development includes the village sector.  As with 
other perennial crops, the main constraints to be  removed in order to transform the country's 
comparative advantage for rubber production into real competitiveness are the difficulties of access to 
high-yielding plant material and to medium/long-term  loans to finance plantations and the industrial 
base.  Moreover, the sustained development of the sector will require the availability of an efficient 
labour force, especially tappers. 
37. The duty on rubber is 20 per cent.  In addition to customs duty, it is also subject to a multitude 
of other levies and taxes, together with multiple co ntrols and the associated costs (Chapter III(2)).  
These measures, combined with other structural problems are discouraging the development of the rubber subsector in the DRC. 
Palm oil 
38. In 1960, at independence, the Congo was produc ing 270,000 tonnes of palm oil, of which 
100,000 tonnes came from industrial plantations;  50, 000 tonnes from village-level plantations and 
around 120,000 tonnes from natural palm groves.  The country was exporting 167,000 tonnes of palm 
oil and 60,000 tonnes of palm kernel oil.  These ex ports accounted for almost half of its total export 
earnings, making the DRC the second largest exporter of palm oil in the world, behind Malaysia.  In 
2000, after several decades of dec line, production on industrial plantations was estimated at less than 
5,000 tonnes, while the vast majority of domestic production came from village plantations or natural 
palm groves and was used for own consumption or sold on local markets.  At present, 
                                                     
 
11 At present, the average price being obtained by Congolese tea at auctions in Mombasa is about 
US$1,800-2,000 per tonne (10 per cent less than for Rwandese tea and more than 40 per cent less than for 
Kenyan teas).  Its cost price is about US$1,500 per tonne:  agricultural costs US$450 per tonne;  factory costs US$600 per tonne;  transport and export costs US$450 per tonne. WT/TPR/S/240 Trade Policy Review 
Page 62 
 
 
the DRC imports around 50,000 tonnes of palm o il each year to meet domestic demand, which 
continues to grow.  According to the Congolese auth orities, in the meantime, domestic production has 
progressed and is currently around 300,000 tonnes, of which 200,000 tonnes is from natural palm 
groves, 50,000 tonnes from village plantations a nd 50,000 tonnes from industrial plantations.  In 
addition to its export role, the palm oil subsector ser ves to supply local and subregional food markets. 
39. Palm oil is used as an edible oil (mostly unrefined) or to make soap and other household 
goods (candles, etc.).  It is produced by abou t 100,000 growers and some ten agro-industrial 
enterprises.  The subsector has th ree branches:  agro-industrial, village plantations and traditional 
small-scale.  The principal agro-industrial ente rprises are Palmeraies et Huileries du Congo (PHC) 
and the Blattner Group.  These two groups supply processing plants such as MARSAVCO in 
Kinshasa. 
40. Extraction rates are very low and involve trem endous wastage as the country is obliged to 
import over 50,000 tonnes a year.  The average yield is  very low:  from 5 tonnes per hectare in village 
plantations to 10 tonnes in industrial plantations (c ompared to 25 or even 30 tonnes/ha. in Malaysia 
and Indonesia).  Furthermore, very little oil is produced during processing:  15 per cent in industrial 
extraction, because of obsolescent equipment, compar ed with 23 per cent in modern facilities;  and 
less than 10 per cent in small-scale extraction beca use of antiquated methods (hand press), which not 
only give a very low rate of extraction but also oi l of poor quality (high acidity).  Improving the 
average extraction rate by only 5 per cent woul d allow around 150,000 additional tonnes (a 50 per 
cent increase) to be produced from the same palm bunches.  Today there are mini-presses which give 
extraction rates of 18-20 per cent. 
41. As with most perennial crops in the DRC, apar t from the adverse effects of "Zairianization" 
and the various armed conflicts, the industrial palm oil plantations are generally very old and at the 
end of their productive cycle. 
42. The average duty on palm oil is 12.5 per cent (HS 15.11) with rates that vary from 5 to 20 per 
cent.  In addition to customs duty, palm oil is al so subject to a multitude of other levies and taxes, 
together with multiple controls and the associated co sts (Chapter III(2)).  The heavy taxation of edible 
oil, a staple product, tends to exacerbate household poverty. 
(c) Food products 
43. Foodstuff production has remained relatively st able during the last 20 years and accounts for 
most (80 per cent) of agricultural GDP.  The main products are shown in Table IV.1.  
Cassava (manioc) is the country's major food crop.  It  is grown in every region  of the DRC.  The other 
principal food crops are maize (corn), rice, plan tains and beans.  They are grown by traditional 
methods without the use of selected varieties.  Be cause of the breakdown of marketing channels and 
the marked deterioration in the transport infrastru cture, food production mainly goes towards meeting 
the population's own needs and supplying nearby ma rkets.  The principal food imports are wheat 
(grain and flour), refined sugar, maize (corn) and poultry meat.  Nearly 90 per cent of locally 
consumed rice is imported, main ly from Thailand, Viet Nam and Pakistan.  Moreover, 20 per cent of 
maize requirements are imported, mainly from the United States, and 100 per cent of wheat 
requirements are covered by imports, of wh ich nearly 7 per cent come from Europe. 
44. According to official statistics, food production has grown at a rate lower than the rate of 
increase in the population, which over time has result ed in a worsening of food insecurity throughout 
the country, particularly in the urban areas, despite  a considerable increase in food imports (including 
rice, maize and palm oil).  The reasons are largely the same:  a nonexistent or inconsistent agricultural Democratic Republic of the Congo WT/TPR/S/240 
 Page 63 
 
 
policy, the inability to produce on a large scale, the ab sence of improved varieties and inputs, 
inappropriate cultivation techniques, a high inciden ce of disease and pests, and very high post-harvest 
losses.  Since 2001, there has been relatively little State intervention in production and marketing, 
including the importation of food products, which are mainly in the hands of the private sector. 
45. The prices of sugar, rice and wheat are controlled by the Ministry responsible for the 
economy.12  Furthermore, some activities are regulat ed.  These include the seed business under the 
International Convention on Biodivers ity, to which the DRC is a party.  The exercise of this activity is 
subject to a preliminary declaration (for contro l purposes).  According to the authorities, the 
importation, production and marketing of seed is s ubject to the conditions laid down in a set of 
specifications, by joint order of the Ministers re sponsible for agriculture, trade and the economy. 
Cassava 
46. Cassava is produced throughout most of th e country, particularly in the north-west 
(Bas-Congo, Bandundu, Equateur, Kasai and Or ientale).  In 2008, total production was 
15 million tonnes, sharply down on the 18.7 million to nnes produced in 1990 (Table IV.1).  The 
system of production is the traditional one and th e crop goes mainly towards meeting the population's 
own needs and supplying nearby markets.  The aver age yields per hectare are low, ranging from 7 to 
8 tonnes.  The reasons for this are the use of tr aditional low-yielding varie ties sensitive to disease and 
insects (particularly mosaic viru s, anthracnose and cassava scale) and the use of inappropriate 
cultivation techniques.  The FAO, SECID (USAID) and IITA are supporting the revival of production 
through a programme that aims to propagate and rapidly distribute healthy cuttings of varieties 
selected for their tolerance of or resistance to the mosaic virus.  The positive impact of this 
programme is evidenced by the fact that many farmers seem ready to invest in buying improved 
cuttings. 
47. The duty on cassava is 10 per cent (HS 07.14.10).  In addition to customs duty, cassava is also 
subject to a multitude of other levies and taxes, to gether with multiple controls and the associated 
costs (Chapter III(2)).  The heavy taxation of cassav a, a staple product and a basic food for the 
Congolese, not only exacerbates household poverty but al so does nothing to encourage the search for 
competitiveness in this subsector. 
Rice 
48. Rice is mainly grown in the provinces of Equate ur, Orientale, Maniema and the two Kasais.  
Extensive rain-fed rice cultivation accounts for almost 98 per cent of the area under rice.  Rice is also 
grown in the bottomlands and irrigated fl ood plains of Bandundu and Bas-Congo and around 
Kinshasa and other large cities.  Current (2008) to tal rice production is 316,500 tonnes, sharply down 
on the 392,300 tonnes produced in 1 990 (Table IV.1).  The system of  production is the traditional one 
and the crop goes mainly towards meeting the popula tion's own needs and supplying nearby markets.  
As with other food crops, yields are very lo w (less than 1 tonne of paddy/ha.) and could be 
substantially increased through the use of improve d varieties (NERICA, for example) and better 
growing practices.  Falling output, combined with lo w yield and increased consumption, especially in 
urban areas, has meant a spectacular increase in impo rts, which reached 200,000 tonnes in 2006.  The 
DRC has considerable rice-growing potential, both under rain-fed conditions (zones of Bumba and 
Maniema) and under irrigation (valley of Ruzizi, fo r example) or as bottomland crops in almost all 
provinces, and could easily become self-sufficient in rice. 
                                                      
12 Order No. 001/CAB/MIN.ECONAT-COM/2008 on the setting and control of the prices of basic 
products. WT/TPR/S/240 Trade Policy Review 
Page 64 
 
 
49. The average duty on rice is 9 per cent (HS 10.06), with rates ranging from 5 per cent to 10 per 
cent.  In addition to customs duty, rice is also subj ect to a multitude of other levies and taxes, together 
with multiple controls and the associated costs (Cha pter III(2)).  The heavy taxation of rice, a staple 
product and a basic food for the Congolese, not only exacerbates household poverty but also does 
nothing to encourage investment in this subsector. 
Maize (corn) 
50. Maize is widely grown in the DRC, particularly in the provinces of Katanga, the two Kasais 
and Bandundu and in the north of Equateur.  There has been a modest incr ease in maize production, 
which rose from 1 million tonnes in 1990 to 1.2 milli on in 2008 (Table IV.1).  Although yields vary 
from one region to another (with large farms and very high yields in Katanga), the national average is 
low, less than 1 tonne/ha., due both to the insuffi cient use of improved varieties and agricultural 
inputs and to the extent of the damage caused by various pests.  Nevertheless, the agro-climatic 
conditions in the DRC appear to favour the growing of maize and could enable the Congo not only to 
be self-sufficient (eliminating or reducing imports) but also to be the subregion's cereal basket, 
following the upgrading of the transport infrastru cture and the provision of adequate access to 
high-quality seeds and inputs. 
51. The average customs duty on maize (corn) is 7.5 per cent (HS 10.05) and that on maize (corn) 
flour (HS 11.02.20) 10 per cent with rates ranging fro m 5 per cent to 10 per cent.  In addition to 
customs duty, maize (corn) and maize (corn) flour are also subject to a myriad of other levies and taxes, together with multiple controls and the asso ciated charges (Chapter III(2)).  The heavy taxation 
of maize (corn) and maize (corn) flour, staple products and basic foods for the Congolese, not only 
exacerbates household poverty but also does nothing to encourage investment in this subsector. 
(d) Fishing and aquaculture 
52. The DRC's annual fishery potential is estimated at 700,000 tonnes of fish, whereas annual 
production is estimated at around 200,000 tonnes, or barely 0.5 per cent of GDP.  According to the authorities, there are about 400 species of fish in Congolese waters, of which 100 or so are of 
commercial importance.
13  Fishing in the DRC is small-scale (non-industrial), semi-industrial or 
industrial.  Small-scale fishing is the most wid espread and accounts for more than 90 per cent of the 
catch.  It is carried on using rudimentary mean s in numerous rivers, large and small, ponds (for 
aquaculture), lakes, and on the Atlantic coast.  The fishing units consist mainly of paddle-propelled 
dugout or plank canoes 4 to 6 m. long.  Only a very small proportion is motorized.  The fishing gear 
used consists mainly of gill ne ts, seine nets, longlines, pots and cast nets.  Yields remain low. 
53. The subsector employs about 250,000 people,  of whom 70 to 90 per cent are 
non-professionals who, in addition to fishing, enga ge in activities such as agriculture, aquaculture, 
small-animal livestock farming, and small-scale trad ing.  Cooperatives were established in the 1970s 
to 1990s, but they have all had ope rating problems.  Most of the ex isting associations appear to be 
unviable for lack of permanent supervision, and ma ny are not in a position to offer services to their 
members (supply of fishing inputs and fish  feed products for aquaculture, etc.). 
54. Catches are used mainly to meet own needs or to supply nearby markets.  Domestic 
production is less than consumption and domestic n eeds are partially covered by imports, especially 
of fish.  The fresh fish trade provides the fishermen with food and income but its size is restricted by 
the lack of appropriate infrastructure and equipmen t, in particular for th e cold chain.  Processed 
products have been developed only to a very limit ed extent.  The average customs duty applied to 
                                                      
13 Ministry of Agriculture and Fisheries (undated). Democratic Republic of the Congo WT/TPR/S/240 
 Page 65 
 
 
imports of fishery products (ISIC 13) is around 15 per cent, with rates ranging from 5 to 20 per cent 
(Table AIV.1), not to mention the other import levies and taxes and administrative surcharges 
(Chapter III(2)) that further depress the sector's productivity. 
55. Despite the vast potential, there are numerous  obstacles to the development of fishing and 
aquaculture, including the lack of a strategy and ap propriate legislative and regulatory instruments, 
since the Fishing Code (Decree-Law) dates back to 1937.  In the meantime, ministerial orders have 
modified and restructured the sector.  The latest law was drafted with the aid of the FAO.  The aim of 
this new law, under discussion within the Governme nt, is to introduce "responsible" fishing that 
respects the ecosystem and upgrades the fishing trad es.  The DRC has concluded fishery agreements 
with Namibia and Tanzania, which it has not ratified.  Nevertheless, according to the 
Congolese authorities, vessels from Angola, Namibia and Tanzania fish in the DRC's territorial waters. 
(e) Forestry 
56. The forests of the DRC cover around 155 million hectares (more than 60 per cent of the 
national territory), of which 60 million hectares are exploitable by the timber industry, for a declared 
annual production of around 500,000 m
3, properly managed and with rotation every 25 years.14  The 
exploitation of the country's forest resources is we ll below potential.  This activity could represent a 
significant source of fiscal revenue and export earni ngs that could help to reduce rural poverty. 
57. The trend in forestry since 1998 reveals a recovery following upon sharp falls in production 
due mainly to armed conflicts in the logging areas (T able IV.2).  Production is very modest relative to 
the country's potential and also as compared w ith other forested countries in the region:  
3.3 million m3 for Gabon, 2.3 million m3 for Cameroon and 1.3 million m3 for the Republic of the 
Congo (2007 figures). 
Table IV.2 
Forest products, 1998-2000, 2002, 2004-2005 and 2007 
(Cubic metres) 
 1998 1999 2000 2002 2004 2005 2007
Log production 539,025 205,540 191,720 238,707 371,000 391,321 405,000
Log exports 105,248 40,133 16,478 16,854 92,829 117,844 213,308
Source : BCC (2007), Rapport Annuel , page 37. 
 
58. The timber industry is dominated by several large enterprises15 operating alongside small 
family entities.  The logs are transported to the coast  (Port of Matadi) by river or road or by rail 
(Province of Katanga), whence they are shipped to  the principal markets.  The Congolese regulations 
are designed to encourage timber processing.  Howeve r, much of the timber produced is still exported 
in the rough. 
59. The regulatory framework for the timber industr y is the Forest Code promulgated in 200216 
and its 38 implementing texts.  This framework is  administered by the Ministry responsible for 
forests.  The Code has as its objective the sustaina ble management of the water and forest resources, 
fauna and flora.  The DRC is a member of the Treaty on the Conservation and Sustainable 
                                                      
14 Democratic Republic of the Congo (2003). 
15 SIFORCO, TRANS M, SOFORMA, SODEFOR, SICOBOIS and SAFBOIS. 
16 Law No. 011/2002 of 29 August 2002 on the Forest Code. WT/TPR/S/240 Trade Policy Review 
Page 66 
 
 
Management of Forest Ecosystems in Central Africa17 and its sustainable forest management plan is 
designed to fit within this framework. 
60. The Code incorporates a series of reforms undertaken since 2001 with World Bank support.  
It gives a broad definition of the various objectiv es relating to industrial timber production, nature 
conservation and community custom.  The implementing texts (orders, decrees and ordinances) 
concern the industrial and small-scale exploitation of  forest resources.  Under the 2002 Forest Code, 
the State is required to draw up a national forest  policy, with classification of the forests in 
three categories and the compilation of a forest register .  The right to use protected forests is linked to 
Congolese nationality (Article 41 of the Code) and de pends on being domiciled in the DRC.  As for 
the right to use listed forests, it is reserved for th e adjacent populations.  Where taxation is concerned, 
there are no exemptions whatsoever (Article 120 of the Code). 
61. The Forest Code distinguishes between liste d forests, where the aim is to conserve 
biodiversity;  protected forests, which belong by tradition to the local communities;  and forests for permanent exploitation, which are exploited unde r concession agreements for a limited renewable 
term of 25 years.  With the exception of listed for ests, which are reckoned to cover an area equivalent 
to around 15 per cent of the national territory, the Code does not provide for any allocation of forests 
between these categories. 
62. A forestry permit is compulsory for felling and forest exploitation.  The 2002 Forest Code 
provides for the introduction of a new type of permit  in the DRC, in place of those introduced in the 
1980s, namely, the Guarantee of Supply (GA) and the letter of intent (LI).  The applicant in 
compliance with the obligations attached to his letter of intent is granted a forest concession contract 
for a renewable term of 25 years. 
63. The Code also provides for forest concessions to be awarded by public tender or, 
exceptionally and where justified, by private agre ement.  The exploiting companies are required to 
prepare and implement plans for the management of their block.  The DRC's Code is extensive in 
terms of the possible uses it allows under forest  concessions:  in addition to exploiting timber, 
concessionnaires may use the forest for tourism,  hunting, conservation and bio-prospection. 
64. The 2002 Code converted 72 old title deeds into forest concession contracts;  the 
Interministerial Commission responsible for review ing applications for the conversion of old title 
deeds began work in July 2008.  So far, 72 title deeds out of 156 have been converted into forest 
concession contracts covering 7 million hectares out of 12 million. 
65. The enterprises that exploit timber must, in principle, pay a surface rent on the forest 
concession of CDF 560 per hectare;  a tax on the small-scale timber cutting permit of CDF 28,000 per hectare;  a reforestation tax of 4 per cent of the ex works
18 (EWK) value per m3 of wood in the rough 
exported;  a tax of 2 per cent of the EWK value per m3 of wood of promoted species exported in the 
rough19;  a felling tax of 1.25 per cent of the EWK value of the species concerned. 
                                                      
17 This treaty, which established the Central African Forests Commission (COMIFAC), was adopted at 
the Summit of Central African Heads of State held in Brazzaville on 4-5 February  2005.  The Congo Basin 
Forest Partnership (PFBC), launched at the Johannesburg Summit in September 2002, is financed by donors. 
18 The ex works value is calculated on  the basis of the f.o.b. price le ss an average transport cost linked 
with the location of the source of the timber. 
19 The list of species for promotion is established by an order of the Ministry with responsibility for 
forests. Democratic Republic of the Congo WT/TPR/S/240 
 Page 67 
 
 
66. Under the ISIC definition, the simple average of the tariffs applied to timber subsector 
imports is 19.1 per cent with an average rate of 16. 3 per cent on inputs (Table AIV.1).  To this should 
be added other levies and taxes, together with va rious import and export cont rols (Chapter III(2)).  
The mixed tariff structure in the timber industry, wi th average rates of 16.3 per cent for goods in the 
first stage of processing, 19.6 per cent for semi-pr ocessed products and 18.5 per cent for finished 
products, poses several problems.  The fact that a ll these rates are above the global average 11.3 per 
cent is hardly calculated to ex pose the subsector to competiti on and thus encourage greater 
competitiveness.  The heavy taxation of first-stag e products tends to push up the production costs of 
the associated semifinished products.  These various  factors, combined with export taxes and the 
various forms of red tape, are limiting the competitiv eness of these export products.  Thus, the aim of 
promoting the export of processed timber products is being frustrated.  Moreover, there is no national 
structure or organization for the promotion of timber processing to support this objective. 
67. Under the Kyoto Protocol, for a country without emission reduction commitments such as the 
DRC, the Clean Development Mechanism (CDM) offe rs an enormous carbon cr edit market potential.  
The Congolese forests constitute an important "car bon sink" at the global level and are therefore a 
latent asset in the same way as mining or hydro-electric resources.  With a low rate of deforestation of 
0.27 per cent in 2009, the Congolese forests are the foremost carbon sink in the world.20  Thus, given 
the growth prospects for the carbon market (in volum e and price), the utilization of this resource in 
the form of carbon credits could turn it into a significant source of revenue for the DRC. 
(3) MINING , ENERGY AND WATER  
68. The DRC has huge resources available for the development its mining sector which, at the 
moment, is making only a marginal contributi on to growth despite its immense potential.21  I t  i s  
estimated that 200,000 people directly or indir ectly depend on the industrial mining sector, while 
small-scale mining is estimated to empl oy between 500,000 and 2 million miners.22  Each year, 
between US$200 and 400 million in fiscal revenue is derived from the mining sector, i.e. between 
20 and 40 per cent of the total.  Moreover, if well organized, the development of this sector will have 
a carry-over effect on industry in general through, on  the one hand, the development of certain related 
services and agriculture and, on the other, the expans ion of local processing of the raw materials.  In 
fact, the DRC's development problems suggest that it  might be a victim of the perverse effects of its 
natural resources (generally known as "Dutch disease syndrome"). 
69. The activities upstream of the energy subsector co me under the Ministry in charge of mining, 
which is responsible for explorati on and extraction.  The Ministry in  charge of hydrocarbons regulates 
petroleum refining, distribution and storage.  The Ministry in charge of energy deals with the 
production, transport and distribution of electricity  and gas, as well as water production, transport, 
distribution and quality control.  The DRC de pends on imports for 90 per cent of its gas and 
petroleum product requirements. 
70. The Government's objectives in the energy sub sector are to increase investment relating to 
supply and access, by promoting partnership between the public and private sectors and by improving 
governance.  The Government considers that in th e DRC the energy and water sectors are pillars of 
economic growth.  It has undertaken to establish an  attractive climate for investment.  Cooperation 
with the financial community and business circles, for which World Bank intervention is crucial, is 
                                                      
20 International Timber Organization (2008). 
21 In fact, in 2006, the mining sector contributed only 10 per cent to growth out of a potential 25 per 
cent. 
22 Potentially, almost 10 million Congolese could depend solely on the small-scale mining sector. WT/TPR/S/240 Trade Policy Review 
Page 68 
 
 
the key to mobilizing resources and raising the leve l of investment, especially in the DRC's mining, 
water and energy subsectors. 
(i) Petroleum and gas products 
71. The DRC ranks 68th among petroleum producers with 25,000 barrels per day (15,000 onshore 
and 10,000 offshore), which cont ribute US$200 to 300 million annually to the national budget.  
However, its petroleum resources remain underexplo ited.  According to the official data, with 
ten blocks on Lake Ta nganyika, five on the Albertine Graben and those contained in the Central Basin 
(in process of being explored), the country holds 6 per cent of Africa's petroleum reserves. 
72. Pending the adoption of the Hydrocarbons Code, the sector is governed by Ordinance-Law 
No. 81-013 of 2 April 1981 whose Article 80 author izes the granting of mineral rights by agreement 
solely to legal persons whose objects are limited to  the prospection and expl oration, exploitation and 
processing of hydrocarbons and to operations tending to promote the realization of these objects.  
Moreover, the conditions for the granting of mineral rights include the obligations to be domiciled in 
the DRC for the purpose of performance and jurisd iction, to provide appropriate evidence of 
commercial morality, and to establish a registered place of business and administrative headquarters 
in the DRC (Article 7).23 
73. The State, through the Ministry of Hydrocarbons, acts as the sector's regulator by overseeing 
the implementation of the provisions of the law by all the parties concerned.  The national 
hydrocarbons company (COHYDRO) supports the St ate in the application of national policy on 
petroleum exploration/production.24  Multinational companies have acquired permits in the areas open 
to exploration/production activities in the three sedim entary basins (coastal basin, Central Basin, 
Albertine and Tanganyika Grabens).  They also ow n shares in each of the co mpanies specializing in 
the marketing of petroleum products;  the State holds  20 per cent of the capital.  The main companies 
are:  subsidiaries of multinationals grouped t ogether in the Professional Grouping of Petroleum 
Product Distributors (GPDPP):  COBIL (risen from the ashes of the company MOBIL OIL), CONGO-OIL
25, SONANGOL26, and COHYDRO, the national company. 
74. The Code being discussed in Parliament provid es for concession contracts (with authorization 
in the form of a hydrocarbon exploitation permit) and production sharing contracts in place of an 
exploration authorization.  Under the Code co mpanies will be authorized to choose between a 
production sharing and a concession contract.  The c oncession contract will give the right to dispose 
of hydrocarbons extracted from a specified area and will stipulate the legal, financial, fiscal and social 
conditions of validity of the exploitation authorizati on, including payment of a royalty (financial or in 
kind) proportional to producti on.  The production sharing contract will confer upon the holder 
exclusive exploitation rights for a specified area;  production will be shared between the holder and 
the State in accordance with  the terms of the contract.  The authorization will have a 25-year term for 
solid hydrocarbons and a 30-year term for liquids, re newable one or more times, after evaluation, for 
ten-year periods.  Imports of goods and services ne cessary to carry out petroleum operations will be 
                                                      
23 Ordinance-Law No. 81-013 of 2 April 1981 concerning the general legislation on mines and 
hydrocarbons.  Viewed at:  http://www.dr oit-afrique.com/images/textes/RDC/RDC%20-
%20Code%20hydrocarbures%20et%20mines%201981.pdf. 
24 Established by Decree-Law No. 245 of 9 August 1999 to meet the challenge of oil independence for 
the DRC, Congolaise des hydrocarbures (COHYDRO) is  a technical, commercial and industrial public 
enterprise. 
25 A Swiss (X-OIL:  50 per cent) and Congolese (C OHYDRO:  50 per cent) limited liability company. 
26 A subsidiary SARL (limited liability company) of the Angolan company SONANGOL in which the 
Congolese State owns 40 per cent of the shares. Democratic Republic of the Congo WT/TPR/S/240 
 Page 69 
 
 
exempt from all duties and taxes.27  On the other hand, enterprises holding petroleum rights will be 
subject to the tax on net profits made in the DRC;  however, they will be exempt from that tax during 
the exploration period. 
Table IV.3 
Organization of upstream petroleum activities in the DRC 
1. Coastal basin 
Production: PERENCO - REP and MIOC with 25,000 barrels/day (offshore and onshore). 
Exploration: Nessergy deep offshore in the maritime wa ters bordering on CABINDA and ANGOLA (Presidential Ordinance). 
 With regard to the Common Interest Zone (ZIC) it should be noted that the Republic of Angola has ratified, at a Council 
of Ministers meeting held on 14 April 2003, under the simplified ratification procedure, the Agreement signed on 
30 July 2003 at Luanda between the two countries for the exploration and production of hydrocarbons in a maritime 
common interest zone. 
 By virtue of Law No. 074/004 of 16 November 2007, the De mocratic Republic of the Congo, in its turn, ratified the 
same Agreement on 19 May 2008. 
 There have been difficulties in implementing the Agreemen t such as the geographical s ituation of the ZIC between 
Angolan petroleum blocks and differences concerning the composition of an inter-State body. 
 SOCO (in process of drilling its first well;  working at a depth of ± 1,000 m.) 
 SURESTREAM PETROLEUM 
 ENERGULF 
 
2. In the Central Basin 
Exploration: - COMICO 
 - PIONNER 
 - H OIL 
 
3. Albertine Graben (Exploration) 
Blocks I & II: granted to the JV Tullow DRC, BV/HERITAGE D RC LTD and COHYDRO by PSC of 21 July 2006 with a bonus of 
US$500,000 
Block I: granted to the JV consortium DIVINE INSPIRATION GROUP (PTY) LTD and PETRO SA, H-OIL CONGO LTD, 
COHYDRO, CONGO PETROLEUM and GAS SPRL, SUD-OIL SPRL by the PSC of 21 January 2008 with a bonus of 
US$2,500,000 
Block III: granted to the JV SOUTH AFRICA OIL CONGO (SACOIL) PTY and COHYDRO by the PSC of 4 December 2007 
with a bonus of US$2,000,000 
Block IV: open to exploration after wit hdrawal of Terralliance in the JV COHYDR O/Group DIKIN before signature of the 
production sharing contract  (PSC) by the parties 
Block V: granted to the JV DOMINION PETROLEUM C ONGO, SOCO E&P DRC SPRL and COHYDRO by the PSC of 
5 December 2007 with a bonus of US$2,000,000 
However, the Republic has just signed a PSC with CAPRIKAT Ltd.  and FOXWELP Ltd. for blocks I & II of the Albertine Graben 
(Presidential Ordinance No. 10/041 of 18 June 2010) 
Source : Democratic Republic of the Con go (2010):  Ministry of Hydrocarbons. 
 
75. The DRC has three oil basins (Table IV.3) and a small refinery unit for imported crude.  
However, the country imports almost all of its refi ned hydrocarbon requirements.  Storage is provided 
by SEP Congo, which is 40 per cent State-owned, the rest of the capital being held by private oil companies.  SEP coordinates deliveries to the various depots, ensures the distributors are supplied and 
installs the infrastructure needed to build up strategic reserves.  Distribution is still dominated by the 
subsidiaries of the large international groups with in the GPDPP, which holds almost 90 per cent of 
market share. 
76. In the DRC, hydrocarbon trading is organized by Ministerial Order 
No. 058.CAB.MIN.ENER/2006 of 7 October 2006 re gulating the importation and marketing of 
petroleum products.  The importation and marketing of petroleum products are subject to the prior 
authorization of the Minister with responsibility for hydrocarbons who also issues the corresponding 
administrative document known as the "petroleum pr oduct importation and marketing authorization". 
                                                     
 
27 These products and services are specified in Law No. 2/92-UDEAC-556-CD-SE1 of 30 April 1992, 
as amended, in particular, by Law No. 2/98-UDEAC-1508-CD-61 of 21 July 1998. WT/TPR/S/240 Trade Policy Review 
Page 70 
 
 
77. The importation and marketing authorization allo ws its holder to receive petroleum products 
on entry into the national territory with a view to delivering them to distributors or consumers for sale 
or their own consumption.  Only the holder of a petroleum product supply contract, in application of 
the provisions of Interministerial Orde r No. 068.CAB.MIN-ENER/MIN-ECO/2006 of 
22 December 2006 regulating the supply of petroleu m products, is authorized to provide services on 
foreign territory for the purpose of shipping products to the DRC where they can be made available to 
holders of an importation and marketing authoriza tion who can only operate on the national territory.  
Consequently, under the legislation in force, holders of a petroleum product importation and 
marketing authorization can obtain supplies of  petroleum products only from suppliers duly 
authorized in the DRC. 
78. Since the trade in petroleum products was lib eralized in 2001, hydrocarbon selling prices 
have been set by ministerial order initiated by the Minister in charge of the economy, after consulting 
with the Interministerial Petroleum Price Structur e Monitoring Committee consisting of the State and 
the oil companies represented by the GPDPP.  In the absence of an equalization system, prices vary 
sharply between Kinshasa and Katanga provinces and the two Kasais and Maniema, which are 
completely landlocked. 
79. The official petroleum product price structure is expressed in US dollars, which serves as a 
reference currency.  The constituent elements of th e petroleum product price structure are defined by 
the Minister with responsibility for the economy a nd the Minister responsible for hydrocarbons.  
These elements are:  volume, average border price (A BP), and the exchange rate as determined by the 
evolution of the market.  The combination of these various elements determines the selling prices of 
the products at the pump, which must be displayed in CDF at the average exchange rate on the day 
before that on which the structure is applied. 
80. The petroleum distribution companies are free to ad apt the structure to the variations of one of 
following elements:  volume, ABP and exchange rate .  These variations c onsist, for the ABP and 
exchange rate, in an increase or decrease of at l east 5 per cent, while for volumes the average of the 
last two accounting months published by SEP-CONGO is taken into account. 
81. Imports of refined petroleum products are subject to  an average tariff rate of 10 per cent, with 
a minimum of 5 per cent and a maximum of 20 per cent, not to mention the other import levies and taxes (Chapter III(2)).  Altogether, the various le vies and taxes collected represent around 60 per cent 
of the price at the pump, which has the effect of placing considerable upward pressure on production 
costs in the DRC. 
82. The DRC has substantial reserves of gas at Lake  Kivu in the east of the country, on the border 
with Rwanda;  these have not yet begun to be tappe d.  At present, there are no companies that hold 
gas production or foreign trade licences. 
83. Industrial gases (oxygen and butane) are currently  being imported into the DRC without being 
specifically regulated.  Gas prices are set by the economic operators without their being any real 
monitoring mechanism at State level. 
84. The Hydrocarbons Code being debated in Parlia ment and the candidacy of the DRC for the 
Extractive Industries Transparency Init iative (EITI) dating from February 2008
28 form part of the 
action being taken to attract new investment in the prospection, exploitation, transport and distribution 
of hydrocarbons in the DRC. 
                                                      
28 EITI online information.  Viewed  at:  http://www.eitransparency.org. Democratic Republic of the Congo WT/TPR/S/240 
 Page 71 
 
 
(ii) Mining products 
85. The DRC is very rich in minerals and tho se currently being exploited include amethyst, 
bauxite, bismuth, cassiterite (tin ore), wolframite  (tungsten ore), colombite-tantalite (coltan), coal, 
cobalt, copper, diamond, gold, ir on, manganese, tourmaline, german ium, silver, uranium, zinc, 
various precious stones such as sapphire, and other mineral substances, as well as mineral waters. 
86. The structure of the Congolese mining industry is bi modal.  On the one hand, in the industrial 
mining sector, multinationals such as Freeport McMora n or First Quantum Minerals are working in 
the Katanga basin, in parallel with medium-sized operators such as George Forrest or even smaller companies.  Analysts predict a consolidation of the industrial mining sector in the DRC, with the 
largest operators buying out the others.  On the ot her hand, there is a vast artisanal sector mining for 
diamonds (almost entirely informal), gold (also mostly informal), and to a lesser extent other minerals. 
87. The mining sector could be a vehicle for progress in the development of the country.  
Through the upstream links with transport, security, catering and cleaning services, vehicle maintenance and repair, health a nd security equipment, earthworks, electrical equipment and rubber, 
the mining sector could have a huge industrial carry -over effect.  Thus, the agricultural sector could 
also benefit from the demand generated by the wa ges paid in the mining sector, as several mines in 
Katanga currently import much of their food.  Moreover, downstream, prospects for the local 
processing of raw materials could become a reality, thus solving the problem of the high cost of transporting them.  However, investment in cost ly processing plants by the private sector depends 
upon an improvement in the business climate. 
88. Although it is possible to estimate industrial pr oduction, the production and exports of the 
small-scale mining sector are difficult to measure.  Thus, one third of export s of tin, tantalum and 
tungsten from North Kivu appear to be inform al.  Congolese production of diamonds is solely 
informal.  As regards gold, some 95 per cent of the DRC's exports are informal and unrecorded.  Gold mined in the Haut-Uélé and Ituri basins goes to tr ading posts in Butembo, Bunia and Ariwara, whence 
it is exported.  Gold from South Kivu is  also exported informally via Bukavu. 
89. There is not much importation of mining products;  imports are subject to duty at an average 
rate of 7.1 per cent for the extractive industri es and 15.6 per cent for non-metallic mineral products, 
with a minimum of 5 per cent and a maximum of 20 per cent, not to mention the other import levies and taxes (Chapter III(2)). 
90. A country such as the DRC bursting with huge reserves of raw materials has no interest in 
protecting the local production of precious stones and metals.  The advertised objective of the heavy 
protection appears to be to encourage the processing of these materials;  unfortunately, however, there 
is a flagrant lack of the necessary national struct ures.  Moreover, the heavy taxation of both imports 
and exports, combined with levies and controls of all descriptions, is not only reinforcing the loss of 
competitiveness of the mining industries but also disc ouraging investment in this sector.  The positive 
progressivity of the tariff structure is hardly  calculated to encourage processing for export. 
(a) Review by product 
91. The DRC has huge mineral resources, in particular some 60 to 75 per cent of the world's 
cobalt reserves, 10 per cent of its copper reserves,  30 per cent of its diamonds, and a considerable 
potential in gold, uranium and manganese. WT/TPR/S/240 Trade Policy Review 
Page 72 
 
 
Cobalt 
92. The DRC's cobalt reserves are estimated at 2. 5-3.5 million tonnes, which would correspond to 
60 to 75 per cent of global reserves.  Its cobalt production comes mainly from the province of Katanga via the extraction of copper in the DRC and from the co-production of nickel (with Russia, Canada 
and Australia), these sources accounting for 38 per cen t and 39 per cent of global cobalt production, 
respectively.  At world level, the DRC went from first to fourth producer of refined cobalt after 
Finland, Russia and Canada, following a decline in  production that lasted until 2000.  The publication 
of the new Mining Code and the arrival of numer ous exploration and extraction companies have 
helped to boost cobalt production in the DRC.  By  way of illustration, First Quantum Minerals is 
implementing a project to process waste from Musonoi at Kolwezi and plans to produce 
360,000 tonnes of cobalt over a period of 50 years, or  5,900 tonnes annually.  However, most of the 
cobalt currently being produced comes from numerous  small-scale workings and is mainly exported 
informally. 
93. The customs duty on cobalt is 5 per cent (HS 26.05, cobalt ores), not to mention the multitude 
of other levies and taxes, as well as various controls and their associated charges. 
Copper 
94. The DRC possesses the world's second largest coppe r reserves, the equivalent of 10 per cent 
of the world total.  Like many production sectors, copper production was seriously affected by the fall 
in prices that began in September 2009.
29  Annual copper productio n in Katanga fell from 
961,654 tonnes in 2008 to 887,156 in 2009.  According to the official figures, copper production has 
already reached 593,058 tonnes in the first six months  of 2010.  Within the context of a mining sector 
development programme, the DRC envisages produc ing more than 1 million tonnes in 2012 and 
2 million tonnes by 2015.  According to the forecasts,  this will result in the creation of 50,000 direct 
and 300,000 indirect jobs by the industrial mining s ector.  However, the sector is experiencing serious 
difficulties, including the closing of 45 of the 83 en terprises officially recorded and the loss of more 
than 30,000 jobs.  To this should be added th e complications arising out of the process of 
renegotiation or cancellation30 of certain mining contracts initiated by the Congolese authorities. 
95. For long the flagship of the country's mini ng sector, Générale de carrières de mines 
(Gécamines), a State-owned company, after being for several decades at the centre of the exploration, production and marketing of minera ls (including copper and cobalt) in the DRC, is now almost 
bankrupt.  Having arisen in 1967 from the ashes of the Société union minières de Katanga, Gécamines 
remained one of the DRC's principal sources of hard  currency until 1974.  Like many large domestic 
enterprises, due to the policy of "Zairianization", it  suffered from a lack of managerial skills.  Today, 
Gécamines is still being crushed under the burden of its debt (US $1.67 billion) and is losing 
US$15-20 million per month.  Its workforce of 12,000 bears no relation either to its real industrial 
activity or to its financial means, since it owes its workers up to 47 months of unpaid wages. 
96. Gécamines holds exploration permits that it does not use, since it lacks the financial, 
managerial and industrial means of exploiting th em;  thus, they constitute essentially speculative 
assets which could be exploited by the private sector .  Gécamines recently signed an agreement with 
the Chinese Government to establish a business partnership, Sicomines, in which the 
Chinese Government will hold 68 per cent of the sh ares and Gécamines 32 per cent.  A down payment 
                                                     
 
29 The price of copper fell from US$8,000 per tonne in September 2008 to US$2,700 the following 
month before starting to recover in 2009 (US$6,800 per tonne). 
30 The Canadian company First Quantum Minerals instituted proceedings in the international courts 
after one of its contracts was cancelled in September 2009. Democratic Republic of the Congo WT/TPR/S/240 
 Page 73 
 
 
of US$50 million has already been made by the Chin ese party.  Gécamines has been at the centre of 
large-scale barter agreements (mines against infrastructure) with Ch inese enterprises worth 
US$6 billion over a period of 25 years. 
97. The customs duty on copper is 5 per cent (HS 26.03, copper ores) not to mention a multitude 
of other levies and taxes, as well as various controls and their associated charges. 
Diamonds 
98. The countries main diamond deposits are concen trated in the two Kasai provinces.  Other 
important diamond deposits are located in Bandundu pr ovince and, on a smaller scale, in Equateur, 
Bas-Congo, Orientale and Maniema.  From 1961 to 2005, official diamond production in the 
DRC totalled more than 700 million carats.  In  2005, the DRC ranked third among the world's 
diamond-producing countries thanks to an offici al production figure of 33 million carats, of which 
26.8 million (80 per cent) came from small-scale mining.  In terms of the value of diamond production (US$895 million in 2005, or 37 per cent of  export earnings), the country ranked seventh.  
More than 100,000 traders sell the small-scale prod uction at some 20 approved private purchasing 
centres ( comptoirs d'achat ).  It is estimated that the DRC's total diamond production is currently 
worth US$1-1.5 billion.  Consequently, between 15 and 30 million carats are being sold informally 
each year (around US$350-700 million). 
99. The industrial exploitation of diamonds is domi nated by a parastatal company, Minière de 
Bakwanga (MIBA), in which Crédit agricole mutuel is now the principal shareholder.  The only other 
diamond mining company in the DRC, Sengamines,  ceased production in March 2005 and at the 
beginning of 2006 was sold to First African Diamonds Ltd. which holds 80 per cent of the shares, the 
remaining 20 per cent having been bought by MIBA .  Alluvial diamonds are exploited on a small 
scale by about 1 million miners.  A large quantity of  diamonds produced in the DRC, plus diamonds 
from other countries introduced fraudulently into the D RC, is exported informally.  This is partly due 
to the shortcomings of the c ontrol mechanism of the Centre for Valuation, Expertise and 
Certification (CEEC).
31  The accession of the DRC to the Kimberley Process in January 2003 failed to 
bring about a significant reduction in the illegal traffic since it still accounts for between 30 and 
40 per cent of trade. 
100. Diamond exports are subject to a tax of 3.75 pe r cent, the revenue from which is divided up 
between the government services and the producing regions. 
101. The tariff on diamonds is 20 per cent (HS 71.02).  In addition to customs duty, diamonds are 
also subject to a myriad of other levies and tax es, as well as to multiple controls and the associated 
charges (Chapter III(2)).  The aim of this polic y seems to be to encourage diamond processing;  
unfortunately, however, no national structure has b een set up for this purpose.  Moreover, the heavy 
taxation of both imports and exports , combined with levies and controls of all descriptions, is not only 
helping to make Congolese diamonds less competitive  but also encouraging the fraud and smuggling 
observed in connection with the trade in these products. 
Gold 
102. Gold is mined in the regions of Oriental e, North Kivu, Kasai, Katanga, Bas-Congo and 
Maniema provinces.  According to the 2005 Repor t of the United Nations Group of Experts, the 
CEEC estimates that in 2004 the DRC exported 647. 85 kg. of gold valued at US$7.45 million, as 
                                                      
31 The Centre for Valuation, Expertise and Certifi cation (CEEC) is the public agency responsible for 
the implementation of the Kimberley Process in the DRC. WT/TPR/S/240 Trade Policy Review 
Page 74 
 
 
against actual transactions estimated at between 5, 400 and 6,000 kg., with a trading value of more 
than US$60 million.32 
103. For a long time, the industrial exploitation of gold was dominated by a State-owned company, 
the Kilo-Moto Gold Mines Office (OKIMO).  As a result of poor management, the non-renewal of the 
mining machinery and armed conflicts in the production zones, OKIMO ceased its industrial 
operations.  Gold mining became largely small-scale and much of the gold is exported clandestinely. 
104. In April 2010, Anglogold Ashanti and OKIMO  concluded a joint-venture agreement known 
as "Ashanti Goldfields Kilo" (AGK).  Anglogold Ashan ti owns 86.22 per cent of the joint venture and 
13.7 per cent is owned by OKIMO.  Moreover, with the transfer of OKIMO's exploitation rights in 
Ituri to AGK, the State will receive US$1.25 million and OKIMO US$10.5 million to compensate for 
loss of rent and to settle the arrears of surface fees. 
105. The tariff on gold is 20 per cent (HS 71.08).  As with diamonds and most  mineral products, in 
addition to customs duty, gold is also subject to a multitude of other levies and taxes, as well as to multiple controls and their associated charges (Cha pter III(2)).  The aim seems to be to encourage 
gold processing;  unfortunately, however, no national st ructure has been establish ed for this purpose.  
Moreover, the heavy taxation of both imports and e xports, combined with levies and controls of all 
descriptions, is not only helping to make Congolese gold less competitive but also encouraging the fraud and smuggling observed in connecti on with the trade in these products. 
(b) Regulatory framework 
106. Under the provisions of the Bakadjika Law of 1966, the State owns all the resources in the 
soil and subsoil.  However, the ma rketable products are deemed to be  owned by the holder of the right 
to exploit a mine or quarry.  Activities in the mi ning sector are regulated by the Mining Code, adopted 
in 2002, and by the Code of Conduct for Small-Scale Operators, adopted in 2003.
33  They define a 
legal framework for promoting a climate attractiv e to private investment, identifying zones for 
small-scale mining and fixing the sharing of the ta x revenue generated by the mining sector between 
the central and provincial authorities (40 per cent of royalties and the income of State mining 
companies, together with 10 per cent of surface rent , must be returned to the provinces).  Moreover, 
the Mining Code also reaffirms the distinction between mining concession rights and land concession rights and classifies mineral deposits as mines or quarries, with provision for declassification or reclassification by the President of the Republic. 
107. The role of each of the public actors
34 responsible for implementing the mining sector 
regulations is clearly defined in Chapter II of Title  1 on the generalities defined in the Mining Code.  
Natural and legal persons of forei gn law are eligible for mining rights, provided that they choose a 
mines and quarries agent as an address for service a nd act through him as an intermediary.  The Head 
of State is competent for the classification, declassification and reclassification of mineral substances as quarry products.
35  In addition to his traditional powers to  grant mining rights, establish artisanal 
                                                      
32 Viewed at:  http://www.reliefweb.int/lib rary/documents/2005/unsc-drc-26jul.pdf. 
33 Law No. 007/2002 of 11 July 2002 on the Mining Code, as supplemented by Decree No. 038/2003 of 
26 March 2003 concerning mining regulations. 
34 The Head of State, the Minister  in charge of mining, the Provincial Governor, the Head of the 
Provincial Mining Division, the Mining Directorate, the Geology Directorate, the Mining Property Register (CAMI) and the Mining Environment Protection Service. 
35 He also has the power to take d ecisions with regard the classificati on of "reserved substances", where 
the safety of the national or international population requ ires that they be declared to be reserved (such as 
uranium, thorium, and other radioactive minerals). Democratic Republic of the Congo WT/TPR/S/240 
 Page 75 
 
 
mining zones and approve comptoirs d'achats , the Minister in charge of mining grants quarry rights, 
issues permits to process artisanal mining products a nd authorizations to expl oit raw minerals, etc.  
The Mining Property Register, which is the responsibility of both the Ministries in charge of mining and of finance, is authorized to administer f iling charges and the annual surface fees per block, 
including prospection certificate charges. 
108. The Code governs prospection and explorati on as well as exploitation.  Any holder of an 
exploration permit is authorized to engage in mi ning exploration;  in the case of precious stones 
permits are valid for four years and renewable twice,  in each case for a further two years, whereas for 
other mineral substances they are valid for five y ears and renewable twice, in each case for a further 
five years.  The maximum exploration area is limited to 400 km
2 and the maximum number of permits 
per company is 50.  Exploration permits are gran ted to persons who can show that they possess the 
minimum financial means and have an envi ronmental mitigation an d rehabilitation plan. 
109. The DRC grants access to prospection for minerals over the entire extent of its national 
territory.  Eligibility for mining and quarrying righ ts requires the choice of a mines and quarries agent 
as an address for service and to act as an intermedia ry.  Only Congolese nationals and natural persons 
of foreign nationality who have c hosen domicile for performance and jurisdiction purposes, together 
with legal persons of Congolese law with their register ed offices in the DRC, are eligible for artisanal 
mining rights.36  The granting of an operating permit de pends on the results of exploration, a 
feasibility study, and the production of evidence of fi nancial resources sufficient to ensure the success 
of the mine development project.  The environmenta l aspect is also represented by the obligation to 
submit a plan for the rehabilitation of the area when th e mine is closed.  Thus, applications for mining 
and quarrying rights are subject to a cadastral a ppraisal following the technical and environmental 
appraisals. 
110. The Minister of Mining, whose discretionary powers have been reduced where the rejection 
of applications is concerned, gr ants operating permits for a term of  30 years;  these permits can be 
renewed several times, in each case for a further 15 years.  The permit bestows the right to process, 
transport and market mining products.  Of the 5,359 permits issued by the Mining Property 
Register (CAMI) up to July 2008, only 471 were operating permits. 
111. The Code limits the discretionary powers previous ly vested in the Minister responsible for 
mining.  Only Parliament is able to amend the C ode.  There is provision for 40 per cent of mining 
royalties to be returned to the d ecentralized administrative entities fo r building infrastructure of value 
to the community. 
112. Apart from the public sector, which guarantees comp liance with the rules, other players such 
as Gécamines (Générale des carrières et des mines), OKIMO, Compagnie minière du Sud Katanga (CMSK), Freeport McMoran, First Quantum Mine rals, Georges Forrest, and numerous small-scale 
miners are active in the Congolese mining sector. 
113. Holders of operating permits must pay fixed fees for the permits to be granted;  royalties that 
depend on the area exploited;  an extraction tax at a rate that varies with the nature of the substances, 
an ad valorem  tax, and a multitude of other taxes and charges.  The fiscal burden on the mining sector 
is around 56 per cent of earnings, to which must gene rally be added 15 to 25 per cent in the form of 
informal payments.  The combination of the two gi ves an overall rate of taxation of close to 80 per 
cent.  According to some estimates, the DRC ranks  second in the world in terms of taxation of the 
mining sector.  It is likely that such a heavy fi scal burden acts as a strong disincentive to external 
                                                     
 
36 Small-scale mining is subject to rules which, unfortunately, are disr egarded or difficult to observe. WT/TPR/S/240 Trade Policy Review 
Page 76 
 
 
investment, particularly when added to regulator y uncertainty and recurrent political and military 
disturbances. 
114. The total tax burden on the sector appears to be related, inter alia , with the proliferation of 
intervening government agencies with the power to tax.  These include the Directorate-General of 
Customs and Excise (ex OFIDA), the Directorate-General of Administrative and Government 
Property Revenue (DGRAD), the Directorate-Genera l of Taxation (DGI), and the decentralized 
administrative bodies, as well as agencies that invoice largely superfluous services, such as the Centre 
for Valuation, Expertise and Certification of Preci ous and Semi-Precious Mineral Substances (CEEC).  
The lack of coordination among these fiscal and para fiscal actors exacerbates fiscal pressure, none of 
those intervening having an overall vision.   According to the Federation of Congolese 
Enterprises (FEC), the modus operandi  of the fiscal and parafiscal actors often consists in identifying 
a problem - whether real or not - in a company' s operations and imposing fiscal penalties together 
with a "payment note" and penalties of up to 40 per cent payable immediately, either in cash or into a 
separate account.  The remainder may then be negotiated downwards.37 
115. The mining sector is especially dependent on rail tr ansport, which is particularly expensive.  
Unfortunately, the Congolese rail network is in an advanced state of dilapidation.  Thus, of the 
3,641 km. of rail half is in need of repair and the engines are all obsolescent.  The upgrading of the 
railway should also coincide with the harm onization of the gauges between the DRC and its 
neighbours. 
116. The recent Sino-Congolese cooperation project, known as the "Chinese contracts", includes a 
large component for the upgrading of the transport infrastructure, crucial for the mining sector.  For 
example, 3,215 km. of road needs to be built or re paired between Katanga and Matadi.  The project 
also includes three ports, 3,330 km. of sealed roads,  2,738 km. of rural roads, 550 km. of urban roads, 
two dams with the corresponding transmission lines and two airports. 
117. In addition to the plans to upgrade the infrastru cture, the business climate in the mining sector 
needs stability and visibility, while taxation needs to  be simplified and made more flexible and the 
responsibilities of the institutions involved need to be clarified. 
(iii) Electricity 
118. Article 48 of the present Constitution of the DRC (of 18 February 2006) guarantees all 
Congolese without exception access to drinking water and electricity as their human and social right.  
The Ministry responsible for energy  formulates energy policy in all its forms, including, in particular, 
the elaboration of energy strategy, the introduction of  a master plan for electr icity and the mechanisms 
of regulation, development of the potential for pr oducing, transporting and distributing water and 
electricity, and development of the capacity for the exploitation of electrical energy and domestic supplies. 
119. The general objective of the DRC is to meet, gradually and equitably, the country's domestic 
public, semi-industrial and industrial needs in electr ical energy and drinking water by providing a 
regular supply under optimal c onditions with respect to reliability, price and environmental 
protection.
38  As it is not itself equipped to engage in business, the Congolese State has entrusted this 
                                                      
37 FEC (2007). 
38 DRC (2007), GPRSP 1. Democratic Republic of the Congo WT/TPR/S/240 
 Page 77 
 
 
task to its enterprises, including th e National Electricity Company (SNEL)39 and the National Water 
Supply Board (REGIDESO) for electricity and drinking water, respectively. 
120. The DRC has the largest energy potential in Africa (estimated at around 100,000 MW).  
However, only 3 per cent of this potential is being exploited.  Gene rating capacity amounts to 
2,459 MW, of which 2,417 MW corresponds to hydr oelectric and 42 MW to thermal generation.  As 
the country's electricity requirements are estimat ed at 1,300 MW, whereas SNEL's current level of 
production is around 700 MW, there is a shortfa ll of 600 MW.  Nationally, only 6 per cent of 
households are connected to the grid, whereas in  Kinshasa 40 per cent of households have access to 
electricity. 
Table IV.4 
Electrical energy, 2010 
Current capacity (operable) 1,200 MW 
Annual production 10,500 GWh 
Annual exports 2 TWh 
Distribution losses 60% 
Coverage (access) 6% 
Source : Information provided by SNEL. 
 
121. SNEL is a parastatal enterprise with a monopoly on the generation, transport, distribution and 
marketing of energy in the DRC.  It currently s upplies electricity to about 400,000 users (including 
approximately 300,000 in Kinshasa) from three interconnected networks (west, south and east), 
three separate networks and 28 autonomous centres.  The hydroelectric resources available, dispersed 
throughout the national territory of the DRC, are es timated at 100,000 MW.  Only 2.5 per cent of this 
potential (2,516 MW) is develope d.  These developed hydroelect ric facilities have an annual 
generating capacity of around 14,500 GWH, wher eas actual production is barely 6,000 to 
7,000 GWH.  The two most important hydroelectric power plants are Inga I (351 MW) and Inga II (1,424 MW).  The country is receiving s upport for all these projects from donors such as the 
World Bank (IDA), the EIB and the African Devel opment Bank, which are helping to finance the 
rehabilitation of the electricity supply infrastruct ure.  The electricity produced by SNEL is 
supplemented by that produced by independent firms to meet their own needs. 
122. Tariffs for the electricity consumed by house holds are fixed by consultation between SNEL 
and the State, while the tariffs fo r industrial customers (large consumers) are negotiated between the 
customer and SNEL. 
123. Despite the huge electrical energy potential, national coverage is low (6 per cent), while 
penetration, i.e. the ratio of electrified to identif ied localities, is estimated at 1.4 per 1000.  Moreover, 
its monopoly notwithstanding, SNEL is incapable of  fulfilling its statutory missions and there are 
numerous power cuts (some 180 a year).  Facilities ar e maintained and repaired on an ad hoc basis 
and only in response to emergencies;  the equipm ent is obsolescent or inoperative.  Most industrial 
users have to employ standby generators to pr otect themselves from the frequent interruptions in 
supply and avoid serious production losses. 
124. The Government's energy policy envisages the lib eralization of the generating, transport and 
distribution segments, institutional reform, includi ng structural reform of SNEL and the private 
                                                     
 
39 The State-owned enterprise SNEL is accountable, on  the one hand, to the Ministry of Energy as a 
technical enterprise, and to the Minist ry of State-owned Enterprises, on th e other, as an enterprise in the 
portfolio of the Congolese State, in accordance with Ordinance No. 78/196 of 5 May 1978. WT/TPR/S/240 Trade Policy Review 
Page 78 
 
 
operators, improved access to the service in rural a nd suburban areas (expansion in coverage from 6 to 
45 per cent), increased exports and in tensified regional integration.  To  this end, a rescue and recovery 
plan (PSR) was implemented between 2005 and 2 007 for the benefit of SNEL.  However, the 
expected results have been only partly achieved, due  to lack of the material and financial resources 
needed to implement measures aimed, in particul ar, at reducing the company's losses and increasing 
its financial revenue.  On the basis of Law No . 08/008 of 7 July 2008, the State opted for a 
management contract for SNEL.  Other priority measures, such as the submission of the draft 
electricity law to the Assembly and the approval of  the strategy for the el ectricity sector by the 
Council of Ministers, have also been implemented. 
125. In order to reduce the energy shortfall, it is planned to build two more  power stations, namely, 
Inga III (3,800 MW) and Inga IV (Grand Inga:  35,000 MW), which will increase the country's 
capacity to export energy. 
126. Imported electricity and petroleum products are s ubject to a customs tariff of 10 per cent, with 
values that vary from 5 to 20 per cent, not to mention other levies and taxes (Chapter III). 
(iv) Water 
127. The availability of renewable water resour ces is estimated at more than 300 billion m3 per 
year;  underground water resources are estimated at more than 3,000 billion m3 of static reserves.40  In 
2010, the National Water Distribution Company (REG IDESO) is the only urban operator in the water 
sector, while rural pumping stations and wells are managed by the users (village committees), under 
the supervision of the board of the National Rural Water Engineering Service (SNHR) of the Ministry 
responsible for energy.  Independent producers of natural surface, underground and rain water exploit 
water resources (with the permission of the Mini stry responsible for energy) for commercial, 
industrial and artisanal purposes.  This applies to breweries such as Bralima and Unibra, to mention 
only these two. 
128. Water prices are approved by the State.  The sector's pricing system is administered by the 
Ministry of the Economy via the Tariff Monitoring Committee on which the Ministry of the 
Economy, the Ministry of Energy, the Ministry of Finance, the Ministry of the Budget, the Ministry of 
State-Owned Enterprises, SNEL and REGIDESO , the National Energy Commission and the 
Federation of Congolese Enterprises are all represented. 
129. Laws No. 73-001 of 20 July 1973 and No. 74-009 of  10 July 1974, together with the Decree 
of 6 May 1952 relating to concessions and the ad ministration of waters, lakes and watercourses, 
govern water management in the DRC.  The limi tations of these legal provisions prompted the 
Ministry of the Environment, Nature Conservati on and Tourism to decide to revise the regulatory 
framework and replace them with a Water Code (in process of being drawn up).  The new Code is expected to confirm the gradual di sengagement of the public authorities and reaffirm the liberalization 
of the sector, in particular by guaranteeing free acce ss to the transport networks for any producer of 
water or electricity, including those who produce to meet their own needs.  The new Code also 
provides for the establishment of an independent body to regulate electrical energy and water, to be 
known as the "Regulation Authority". 
130. The abundance of natural water resources, bot h surface and underground, in the DRC (about 
53 per cent of Africa's fresh water reserves) contrast s with the low levels of access to and availability 
of drinking water.  According to the Congolese au thorities, only 23 per cent of the national population 
is being supplied with drinking wate r (41.5 per cent in urban and 12 per cent in rural areas).  Out of an 
                                                     
 
40 Ministry of Energy (2005). Democratic Republic of the Congo WT/TPR/S/240 
 Page 79 
 
 
installed production capacity estimated at 361,289,900 m3, REGIDESO annually produces 
238,900,427 m3, which corresponds to a utilization ratio of 66 per cent.  The minimum global demand 
for drinking water is 3.2 million m3 per day as compared with a da ily production of 0.75 million m3.  
Thus, there is a drinking water deficit of 2.45 million m3 per day.  To reduce this deficit, the 
Government is according priority to the reviva l of the rural water engineering programme, the 
completion of the water supply works in progress, the boring of new wells and the improvement of 
the distribution network.  Since 2000, initiatives have  been undertaken by th e humanitarian NGOs and 
others throughout the country in support of the State's efforts to supply the population with drinking water, especially in rural areas where the Nationa l Rural Water Engineering Service (SNHR), whose 
activities were paralysed by armed conflict, has just  resumed its programmes.  The water produced by 
the SNHR and the humanitarian NGOs is not sold but  made available to the population free of charge.  
Mechanisms for the participatory management of  the works are sometimes set up for maintenance 
purposes. 
131. The DRC is a participant in the Internati onal Commission for the Congo - Oubangui - Sangha 
Basin (CICOS) and the Nile Basin Initiative (NBI). 
(4) M
ANUFACTURING SECTOR  
132. The Growth and Poverty Reduction Strategy Pa per (GPRSP) calls for an increase in the 
manufacturing sector's contribution to GDP from the present level of 4.8 per cent (extractive 
industries excluded) to more than 20 per cent on av erage during the industrial strategy implementation 
period (the next five years).  However, the DRC does not yet have a clear industrial policy.  Attempts 
to formulate an industrial policy ended in a doc ument called the "Industria l Policy and Strategies 
Paper" (DPSI).  Nevertheless, the Government, through the Ministry of Industry, has laid down 
certain guidelines based on its global policy as e xpressed in the "Five Action Projects of the 
Republic":  infrastructure, water and electricity, employment, health, and education.  The sectors identified include:  agro-industry, metallurgy, buildin g materials, and packaging.  Standardization in 
the priority sectors is also envisaged. 
133. In the DRC the manufacturing sector is curre ntly composed of a few small agrifood, 
chemical, beverage, tobacco, textile, fo rest product and capital equipment units.
41  M o s t  o f  t h e  
processing units are concentrated in the country's large cities (Kinshasa, Lubumbashi, Kisangani and 
Matadi).  The sector is based mainly on the proc essing of primary products of national origin 
(agro-industrial activities);  however, the non-ferrous metals (aluminium) branch depends chiefly on 
imported raw materials. 
134. The country's rich agricultural and fishery r esources (tropical fruits, essential oils, etc.) 
provides the food industry with a variety of inputs.  However, there are relatively few food factories in 
the DRC and their value added decreased between 1995 and 2008 despite a small recovery that began 
in 2005.42  The main food products include milk (produced by, among others, the companies COBEL, 
Marsavco and Congofutur), sugar (Société sucriè re de Kuilu Ngogo), crude and refined palm oil, 
cocoa-based preparations (produced mainly by  Marsavco, a former Unilever subsidiary). 
135. The sector grew at a rate of 8 per cent betw een 2005 and 2008.  Like the economy as a whole, 
the manufacturing sector has long suffered from the socio-political crisis which has gripped the country in recent decades.  The processing units have  been cut off from their sources of supply, which 
has made it difficult for them to operate.  The manu facturing sector is currently characterized by its 
                                                     
 
41 UNIDO Statistical Country Brief. 
42 UNIDO Statistical Country Brief. WT/TPR/S/240 Trade Policy Review 
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low level of competitiveness due, in particular, to  the obsolescence of the industrial base and the 
heavy burden of factor costs. 
136. According to the FEC, Congolese enterprises buy mo re than 50 per cent of their inputs and 
sell at least a quarter of their production abroad.  Consequently, trade policy, particularly duties and 
taxes and other border measures, has a significant imp act on the sector.  Moreover, in some branches 
the sector is faced with strong competition from informally produced and smuggled goods, in particular in the textile and clothing and basic cere al product industries, where the informal sector and 
smuggling are believed to account for around 40 per cent or even as much as half of production.
43 
137. According to the FEC, overall, the business environment remains very difficult.44  Among the 
factors that are making it particularly hostile, the FEC mentions:  (i) a proliferating, complex and 
non-transparent system of taxes levied by a multitude  of bodies at every level (the IMF has counted 
more than 900), with the interpretation of the rules often being left to the discretion of the officials 
concerned;  (ii) the generalized corruption of the public services, reflected in omnipresent rackets and 
widespread "facilitation" charges;  (iii) the high cost  and uncertain outcome of legal proceedings;  and 
(iv) an uninviting Investment Code which, in particular, does little to attract agricultural and 
agro-industrial enterprises, whose investments are generally long-term and relatively high-risk. 
138. The principal trade measures applied to the manufacturing sector consist of rather irregular 
protection rates that depend on the branch of produc tion.  Some of the more important branches - food 
products, beverages, tobacco, wood and wood products - operate with  levels of tariff protection 
ranging from 10 to 20 per cent, not to mention othe r import levies and taxes (Chapter III(2)(iii)(b), 
Chart IV.1 and Table AIV.1).  Moreover, textiles a nd the chemical industry enjoy favourable effective 
protection, whereas the high nominal protection of the timber sector does not distinguish between 
inputs and finished products (Chapter III(2)(iii)(b)).   The tariff structure is far from encouraging 
investment in the manufacturing sector (Chapter III(2)(iii)). 
                                                      
43 BCC (2009). 
44 The DRC is ranked 181st among the 181 countries analysed by the World Bank in its " Ease of Doing 
Business 2009 " and 158th out of 163 by Transparency International. Democratic Republic of the Congo WT/TPR/S/240 
 Page 81 
 
 
0.02.04.06.08.010.012.014.016.018.020.022.0
111
122
210
230
311
313
321
323331341
351
353355361
369
372
382
384
390Chart IV.1
Tariff protection in the industrial sector, 2010
Percentage
Source :Estimates by the WTO Secretariat, based on data provided by the Congolese authorities.General avera ge 
11.3%
Main ISIC groups
111 
121 
122
130210
220
230
290
311
312
313314
321
322
323
324331
332
341
342Description
Crop and animal production
Forestry
Logging
Fishing
Coal mining
Extraction of crude petroleum and natural gasMining of metal ores
Other mining and quarrying
Food products
Other food products and animal feed
BeveragesTobacco products
Textiles
Wearing apparel, except footwear
Leather products, except footwear and wearing apparel
Footwear, except footwear of vulcanized rubber and plasticsWood and wood products, except furniture
Manufacture of furniture and fittings, except metal accessories
Paper and paper products
Printing, publishing and related industriesDescription
Industrial chemical products
Other chemical products, including pharmaceuticals
Oil refineries
Manufacture of petroleum and coal products
Manufacture of rubber products n.e.s.
Manufacture of plastics products n.e.s.Pottery, porcelain and ceramics
Manufacture of glass and glass products
Other non-metallic mineral products
Iron and steel basic industries
Non-ferrous metal basic industriesFabricated metal, except machinery and equipment
Non-electrical machinery, including computers
Electrical machinery, equipment, accessories and fittings
Transport equipment
Professional and scientific equipmentOther manufacturing
Electricity351
352
353
354
355
356361
362
369
371
372381
382
383
384
385390
410
 WT/TPR/S/240 Trade Policy Review 
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139. High customs duties are not calculated to enc ourage improvements in the competitiveness of 
processed food products;  the same applies to the st ructure of these duties.  For example, customs duty 
is around 20 per cent on bakery, pastry and conf ectionery products;  manufactured cocoa and 
chocolate products;  and preserved fru it and vegetables (Table AIV.1).  In view of the preference 
shown by higher-income groups for some of these ca tegories of imported products despite their being 
heavily taxed, the solution for the problems of the lo cal industries might also lie with improvements in 
quality. 
140. The DRC has set up a financing mechanism to support new industries and those in difficulty 
via loans granted by the Industrial Pr omotion Fund (FPI) (Chapter III(2)). 
141. An analysis by principal industry reveals important differences in terms of trade policy and 
performance.  For example, the country has a dozen breweries whose main products are beer and 
aerated beverages (including mineral water).  Un like most other manufacturing industries, the 
beverages industry succeeded in increasing its value added between 1995 and 2009.  Local inputs 
include sugar, bottles, stoppers and labels, and packaging;  on the othe r hand, barley and (barley) malt 
are imported.  The customs duties on imports of comp eting products average 18.5 per cent, with a rate 
of 20 per cent on non-alcoholic beverages and minera l water, not to mention other import levies and 
taxes (Chapter III(2)(iii)(b)). 
142. The other sugar enterprises having been bankrup ted by the armed conflicts in their areas of 
operation, Sucrière de Kwilu-Ngong o is now the only unit still opera tional.  Annual domestic sugar 
supply amounts to 80,000 tonnes as compared with a potential demand of 200,000 tonnes.45  T h e  
domestic demand deficit is made up by imports, subject to quantitative restrictions.  Sugar is one of 
the products whose prices require approval (Chapt er III(4)(iii)(b)).  The average customs duty on 
sugar is 13.6 per cent with rates that range from 5 to 20 per cent (Table AIV.1). 
143. The textile industry in the DRC is mainly co ncerned with spinning, weaving and making up 
cotton and synthetic fibre.  The industry has shru nk considerably during recent decades, its value 
added in 2008 being only one quarter of the 1996 le vel.  For a long time, the sector was carried by 
large semi-public companies, namely, CONGO TEX (ex UtexAfrica), SYNT EXKIN, Sotexki, 
Société cotonnière and Filtisaf.  The sector, whic h is vertically integrated, combining cotton 
production, ginning and oil mills, together with sp inning, weaving and finishing (for printing, dyeing 
and bleaching fabrics), mainly by Société cotonnière and Filtisaf, has completely disintegrated.  Artisanal cotton weaving using traditional techniques, particularly in the east of the country, is 
threatened with extinction. 
144. The textile industry is protected by an average ta riff rate of nearly 15 per cent (Table AIV.1), 
not to mention other import levies and taxes (Chapt er III(2)(iii)(b)).  Despite the heavy protection, 
CONGO TEX and SYNT EXKIN went bankrupt in  2007, in particular due to falling cotton 
production, the decay of the road infrastructur e for transporting the cotton, smuggling, and 
counterfeiting of its patterns on printed fabrics whic h are then imported into the DRC at prices with 
which it is impossible to compete. 
145. Timber production in the DRC is  estimated at around 500,000 m
3 per year.  However, much 
of this production is exported in the rough.  Despite the reform of the timber processing industry 
initiated by the Congolese Government in 2002 with the promulgation of the Forest Code, investment in the subsector failed to materialize.  The main enterprises
46 operating in the subsector lack the 
financial underpinning to make the necessary invest ment in improving their competitiveness.  The 
                                                      
45 ANAPI (undated). 
46 SIFORCO, TRANS M, SOFORMA, SODEFOR, SICOBOIS, SAFBOIS. Democratic Republic of the Congo WT/TPR/S/240 
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timber processing industry is protected by customs duties of nearly 19.1 per cent (Table AIV.1), not to 
mention other import levies and taxes (Chapter III(2)(iii)(b)). 
146. Most of the country's cement work s are inactive.  This applies, in  particular, to Cimenterie du 
Katanga, GCM-CCC, Ciments du Lac, and Cimenterie de Katana.  Only CILU and CINAT continue 
to operate.  In 2007, these two cem ent works produced about 530,196 tonnes of cement.  As domestic 
production is far below domestic demand, the Congo lese authorities have authorized the importation 
of cement from various African countries (Zambia, South Africa, Zimbabwe).  Cement is one of the products whose prices are subject to approval (Chapter III(4)(iii)(b)).  Aware of the importance of 
cement for "reconstruction", the Government has ta ken a series of incentivizing measures through the 
Ministry of the Economy to keep the market supplie d.  These include the liberalization of the grey 
cement market by Order No. 005/CABMIN.EC ONAT-CO/2008, which resulted in grey cement 
imports no longer being subject to any form of prior authorization, and the reduction of parafiscal fees 
and levies on the cement market by Interminis terial Orders Nos. 002/CAB/MIN/FINANCES/2008 
and 008/CAB/ECONOAT-COM/2008 of 17 November 2008. 
147. The metal processing subsector involves two ma in activities, firstly, non-ferrous metal 
processing, chiefly in Katanga province and, secondly,  ferrous metal processing, chiefly in Kinshasa 
and Katanga:  SOSTEEL, FABRIMETAL, CONGO STEEL MILLS, Fonderie de Kinshasa, and SOGALKIN.  Annual average domestic output is estimated at 300 tonnes for iron and steel foundry production, 7,000 tonnes for non-ferrous metal foundr y production, 5,000 2 00-litre metal drums and 
100,000 galvanized iron sheets. 
148. Cement imports are subject to an average tariff of 15.6 per cent and imports of basic 
metallurgical industry products to an average tariff of 9.6 per cent (Table AIV.1), not to mention other 
import levies and taxes (Chapter III(2)(iii)(b)). 
(5) S
ERVICES  
(i) Overview 
149. The services sector is witnessing increasingly strong  growth (Chapter I(1)).  In 2005, thanks 
to the performance of telecommunicati ons, transport and financial services47, the services sector 
posted real growth of 7.8 per cent despite the severe deterioration in the quality of the road, river and 
rail infrastructure owing to armed conflict.  Telecommunications, Information and Communication 
Technologies (ICTs), transport and energy are th e principal services exposed to international 
competition.  These services are attracting a steadily  increasing number of investors, thus generating 
employment and helping to improve tax receipts. 
150. Despite the potential for large-scale exports and th e gradual liberalization of trade in services, 
this sector is experiencing problems stemming from the breakdown of infrastructure, outdated 
regulations and high taxation.  By way of soluti ons, the main planks of the Government's services 
trade policy are institutional reform, improved acc ess to services and boostin g exports and regional 
integration. 
151. To date the DRC has no known sector-specific policy for promoting trade in services.  
Nevertheless, some attempts to design sectoral po licies have been made, drawing on the Government's 
overall policy as embodied in the "Five Action Projects of the Republic" (Section (4) above). 
                                                      
47 OECD, African Economic Outlook, 2005, 2006. WT/TPR/S/240 Trade Policy Review 
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152. The DRC has undertaken GATS48 commitments in a number of service branches, namely 
construction and related engineering services, comm unications, business services, education services, 
tourism and travel-related services, and recreational,  cultural and sporting services.  Some of these 
branches are being opened up almost completely, and others only partially.  The Congolese schedule 
includes some horizontal restrictions on market acc ess.  The Mode 4 restrictions take the form of 
measures governing entry and temporary stay for one year.  These measures are subject to authorization that may be extended for senio r executives and specialists who possess knowledge 
essential for the provision of the service concerned, without requirement of the economic need test.  Under Mode 3, the acquisition of real estate by fo reigners is subject to authorization for all the 
services in the schedule, including both market acce ss and national treatment.  Access to land titles is 
also subject to authorization.  The DRC did not participate in the WTO negotiations on basic telecommunications or financial services. 
(ii) Telecommunications 
(a) Market overview 
153. The fixed-line telephone network managed by  the Congolese Post and Telecommunications 
Office (OCPT) is almost bankrupt, whilst the cellula r phone network is expanding rapidly, driven by 
private investors.  The financial, technical, a nd operational problems facing the public operator have 
led to a steep decline in the number of fixed-line u sers, which has fallen steadily over time from more 
than 100,000 subscribers in the 1970s to 36,000 in 2 000, and less than 2,000 in 2003.  Conversely, the 
number of mobile telephone users has been growi ng very rapidly since the liberalization of that 
sector.  The number of mobile phone users rose fro m 158,000 in 2001 to 11.2 mi llion in 2009, most of 
them being concentrated in the capital Kinshasa.   Teledensity rose from 1.14 in the early 2000s
49 to 
around 7.7 in 2006, and the World Bank estimates that it will reach 60.9 per cent by 2015.  The mobile telephone penetrati on rate is still low in the DRC, estim ated at 14.8 per cent on average.  
According to the authorities, the dynamism of the mobile phone market is confirmed by average annual growth of almost 50 per cent in the active cu stomer base for the past five years and average 
growth in turnover of some 25 per cent per annum for the same period.  This performance has made 
telecommunications one of the most dynamic activ ities in the economy and one that is attracting 
numerous investors.  Indeed, over US$500 million we re invested in telecommunications between 
1998 and 2006.  To date, the DRC has no reliabl e statistics on trends in Internet access rates. 
154. Access to submarine fibre optic cables is now  being established with the completion of 
construction on the Kinshasa - Muanda onshore segme nt in December 2009.  Several major projects 
are also under way, including the plan to invest US$274 million to create a high-speed satellite backbone network under a partne rship between RENATELSAT, the private sector and the China 
Communications Services Corporation.  Access to IC Ts is still limited in the public administration.  
Broadly speaking, actions are under way in the fra mework of the public-private partnership to 
encourage the pooling of supply and facilitate access to appreciable funding for modern infrastructure, 
the installation and technical management of new networks that guarantee excellence, the 
development of open-access networks and access to service all across these new networks. 
155. Strong growth in competition as of 2006 has led to less market concentra tion and lower rates.  
Rates fell by half between 2003 and 2008, thereby further stimulating demand.  Moreover, the 2007 
international financial crisis has revealed the vulne rability of this subsector, where turnover contracted 
by 30 per cent between December 2007 and December 2008. 
                                                     
 
48 WTO document GATS/SC/103 of 30 August 1995. 
49 United Nations Statistics Division - Millennium Development Goals Indicators (2005).  Viewed at:  
http://unstats.un.org. Democratic Republic of the Congo WT/TPR/S/240 
 Page 85 
 
 
(b) Regulation and competition 
156. Pursuant to Laws No. 013/2002 on telecomm unications and No. 014/2002 establishing the 
Congo post and telecommunications  regulatory authority (ARPTC)50, telecommunication services 
(except for fixed-line telephony) have been opene d up to competition through a reference network 
accessible to private operators and which is to  be managed by a Public Telecommunications 
Operator.51  The ARPTC is responsible for ensuring compliance with the laws, regulations and 
agreements pertaining to telecommunication and for laying down the principles of interconnection 
and pricing for public services in order to avoid abuse. 
157. The telecommunications law52 has made for an improved regulatory framework for 
telecommunication services by introducing major innovations such as:  separating the operating and 
regulatory functions;  circumscribing the powers of the Minister responsible for telecommunications;  
creating a regulatory authority;  setting up the univer sal service and telecommunications development 
fund;  and laying out different operating regimes fo r different services and activities, i.e. concession, 
authorization and declaration.  Moreover, it requir es all franchise holders to reserve a share of their 
capital for private Congolese shareholders and the work ers in the enterprise, as well as to abide by the 
conditions set out in the specifications on quality of  services, reliability of equipment and cost of 
services. 
158. The telecommunications law also addresses matt ers of monopoly, the status of the Public 
Telecommunications Operator, the universal service  and radio facilities.  For example, aside from 
maintaining the monopoly granted to the public oper ator (the OCPT) over the fixed-line network, 
telecommunication services are being partially opened up to competition.  As pertains to the universal 
service, the law provides for the right of every consumer to benefit from various types of high-quality telecommunication services, and at reasonable cost. 
159. The sector-specific policy document drawn up in  2009 lays out the strategies designed to 
develop the DRC's telecommunications and info rmation and communication technologies sector.
53  
Specifically, the Government is keen to improve  the business climate by reorganizing the frequency 
spectrum and updating the regulation of telecommunications;  it also wishes to create national and 
international high-speed infrastructure and provide  universal access to information technologies 
throughout the territory by improving the conditions of access to telephone service and the Internet in 
every town of more than 2,000 residents. 
160. The regulation envisages three types of operating regime (the concession, authorization, and 
declaration regimes) and three types of network (the reference or backbone network, the network 
concession to provide public services, and the inde pendent network).  It is planned to merge the 
National Satellite Telecommunications Networ k (RENATESAT) with the Congolese Post and 
Telecommunications Office (OCPT), and to establish a fibre optic link between Kinshasa and Muanda 
with a view to creating a new and more efficient public provider.  In 2009, the market was shared 
between the South African provider Vodacom, Zain RDC, the Belgian provider Oasis 
Telecommunications (Tigo), and Congo China Tele communications (CCT), with Vodacom and Zain 
RDC controlling a two-thirds market share. 
                                                      
50 Created in 2003, the ARPTC is the authority that regulates telecommunications in the DRC. 
51 The authorities are currently considering the revisi on of Law No. 04/015/2004 which defines the acts 
that generate public revenue. 
52 Framework Law No. 013/2002 of 16 October 2002 on telecommunications in the Democratic 
Republic of the Congo. 
53 Viewed at:  http://www.africanmanager.com/articles/125065.html. WT/TPR/S/240 Trade Policy Review 
Page 86 
 
 
161. Some improvements to the regulation of the telecommunications sector are needed.  The cost 
of interconnection (termination cost on mobile  networks) is set by the Government at 
US$0.15/minute, an excessive amount that compels a la rge number of users to have several SIM cards 
simultaneously.  The backbone network envisaged in the law has not yet come into being and mobile 
operators have developed their own infrastructure independently.  Two problems arise in the present 
situation.  First, the random manner in which freque ncies are allocated reduces the space available for 
newcomers.  The problem is not physical availa bility of bandwidth but rather its management, 
because some frequencies have been allocated to co mpanies that were never set up or which are no 
longer operating.  Second, the 2002 regulatory frame work is ambiguous in that it could be interpreted 
as giving the OCPT (or its successor) a monopoly on the entire transmission infrastructure.  The 
OCPT has proved incapable of fulfilling its task and private operators have therefore set up their own 
infrastructure (mainly satellite links), the legal status  of which is complex.  This legal uncertainty 
could prove highly detrimental to future invest ors, especially in a business climate that has 
traditionally been subject to unexpected and radical changes. 
162. The DRC has undertaken no specific GATS comm itments regarding telecommunications and 
did not participate in the WTO negotiations on basic telecommunications that ended in 1997. 
(iii) Postal services 
(a) Market overview 
163. The Congolese postal services market is character ized by intense competition and a chaotic 
supply of services, a large number of private structur es having appeared in the wake of the decline of 
the public operator, the Congolese Post and Tel ecommunications Office (OCPT), during the 1980s 
and 1990s.  For example, several intercity passenge r transport companies also offer postal and money 
transfer services, in the absence of any clear regulations. 
164. The current public operator, the OCPT, was f ounded in 1968 and has been financially and 
operationally incapable of fulfilling its mission.  It s situation seems to be improving (Table IV.5), 
even though it is providing no financial services ot her than financial messaging on behalf of/or in 
partnership with some private companies such as Western Union or Moneygram. 
Table IV.5 
The postal market in the DRC, 2006-2008 
(Million US$) 
Operators 2006 2007 2008 Total Percentage 
Delta Express 28.790 28.679 28.615 86.088 15% 
DHL 74.199 78.979 87.022 240.200 43% 
Kin Express 1.371 1.226 1.403 4.000 1% 
Axe Services 2.918 1.951 0.627 5.496 1% 
Berval 0.961 0.721 0.634 2.319 0% 
Colikin 1.247 1.247 1.225 3.719 1% 
GTS 1.392 0.720 0.715 2.827 1% 
KPM 2.532 3.475 22.004 28.011 5% 
AGETRAF .. .. 4.519 4.519 1% Democratic Republic of the Congo WT/TPR/S/240 
 Page 87 
 
 
Operators 2006 2007 2008 Total Percentage 
GTM .. .. 0.146 0.146 0% 
IMS 2.794 4.933 6.655 14.448 3% 
OCPT (Post and EMS) 2.794 14.738 150.131 167.663 30% 
Total 119.064 136.669 303.700 559.433 100% 
.. Not available. 
Source : Democratic Republic of the Congo, Minist ry of Post, Telephones and Telecommunications. 
 
(b) Regulation and competition 
165. The DRC undertook a series of reforms following the opening of the Congolese postal 
services market to competition, the worldwide liberalization of transport and communications, evolving technologies in the various letter post and fi nancial messaging services, and the arrival of 
new private operators.  Law No. 012/2002 of 16 October 2002 on the postal service has adapted the regulatory framework for postal servi ces to the evolving market economy.
54  This law introduced 
major innovations such as the universal postal service  reserved for the public operator, the separation 
of the operational and regulatory functions, the cr eation of a postal development fund to finance the 
universal postal service, the introduction of tec hnical specifications, and the involvement of the 
private sector supported by competition. 
166. Through this law, the Government plans to guarantee the population's right to a universal 
service, limit the monopoly on the provision of the universal service by gradually opening the market 
to competition, and improving access to postal ser vices by broadening their coverage to the entire 
country. 
(iv) Transport 
167. The Congolese transportation network is in an extr emely dilapidated state after many years of 
poor management and a near-total lack of maintenan ce.  Many parts of the country are currently not 
accessible.  Of the ten provincial cap itals, only one (Matadi) is linked to the capital by a paved road, 
three only by water (Mbandaka, Kisangani and Ba ndundu) and six solely by air (Kananga, Mbuji 
Mayi, Lumumbashi, Kindu, Goma, Kisangani, and Bukavu). 
168. Transportation in the DRC was formerly char acterized by a monopoly system but is now 
witnessing the gradual entry of private sector players in almost all modes of transport.  Yet competition has come about in the sector with no clearly defined rules. 
169. The responsibilities of the various government ag encies for the supervision and organization 
of the transport sector are defined in the new Consti tution, which came into force in February 2006.  
Maritime and river navigation, air traffic, rail tr ansport and the national highway network are all the 
responsibility of the central Government alone.  Th ree Ministries are involved:  the Ministry of 
Transport and Roads, the Ministry of State-Owned Enterprises, and the Ministry of Public Works and 
Infrastructure.  The Ministry of State-Owned En terprises and the Ministry of Transport and Roads 
share responsibility for supervising State-owned en terprises in the transport sector, and this poses 
problems of coordination.  All told, the government  agencies involved in the transport sector in the 
DRC generate an estimated turn over of US$300 million, or between 2.5 and 5 per cent of GDP. 
                                                     
 
54 Decree-Law No. 68-045 of 20 January 1968.  Viewed at:  http://www.droit-
afrique.com/images/textes/RDC /RDC%20-%20Loi%20poste.pdf. WT/TPR/S/240 Trade Policy Review 
Page 88 
 
 
(a) Land transport 
170. In 2005 the DRC's road network consisted of some 152,320 km. of national roads, of which 
only 5 per cent were paved, 144,000 km. of rural road s, the rest being urban roads.  It is organized 
into two main types of network, namely the nationa l road network and a provincial road network that 
is subdivided into a network of priority and seconda ry roads.  The two main highways in the national 
road network are the east-west highway linking the port of Matadi and Lumumbashi via Kinshasa, and the north-south highway linking Lumumbashi to Goma and Mbuji-Mayi and continuing to Kisangani.  Although road transport is the form most used to distribute agricultural produce and 
domestic cargo, inland road car go services are still undeveloped. 
171. The country's road network is in an advanced stat e of disrepair owing to lack of maintenance.  
Only 5 per cent of the 58,000 km. of national roads ar e paved.  Road transportation is provided by a 
small number of fiercely competing informal enterp rises that often overload their trucks.  Despite the 
competition, road transport costs are generally very high. 
172. After the successive failures of the Congol ese Transport Office (OTC) and the Zaire 
Transport Company (SOTRAZ), the Congolese Urban Transport Company (STUC) was set up in 
2004 to manage road transport (public transport) in the big cities, more especially in Kinshasa.  The 
maintenance of roads, bridges and ferries has be en entrusted to the Highways Office (ODR), the 
Office of Roads and Drainage (OVD) and the Directorate for Farm Roads (DVDA), all of which are public enterprises.  Competition by small informal en terprises that regularly overload their vehicles is 
not making for private sector development in the tr ansport sector with a view to a any substantial 
lowering of transport costs, which for now contin ue to be exorbitant - as much as US$0.15 per 
tonne/km. 
173. Road transport (of goods and passengers) is in principle reserved for companies incorporated 
under Congolese law;  in practice, informal sector operators provide some of the taxi and taxi bus 
services.  Goods transport costs are set at the discre tion of the operators.  In contrast, urban passenger 
transport costs are negotiated between the Gove rnment and the transport unions and are then 
submitted for approval to the Minist ry responsible for the economy.  The fleet of vehicles reserved for 
goods and passenger transport is limited and this is spawning serious urban transport problems. 
174. The implementation of the road repairs programme includes the introduction of a road toll
55;  
it is being efficiently managed for the time being.  But there are persistent problems regarding the 
implementation of regulations to lim it vehicle weights on certain routes. 
175. The decree of 7 January 1958 regulates the tr ansport professions and Ordinance 62-260 of 
25 April 1958, as amended and supplemented by Order No. 409/CAB/MIN/TC//0002/98 of 
7 January 1998, lays out the gene ral conditions for the operation of motor vehicle transport services, 
as well as the regulations governing trailer trucks in  the DRC.  The DRC's Highway Code is governed 
by Law No. 78-022 of 30 August 1978.  These le gislative texts are not available, however. 
Rail transport 
176. The DRC's railway system consists of two main lines:  the 3641-km. south-east line56 
managed by the Congolese National Railway Company (SNCC) and the electrified Matadi-Kinshasa 
line which is wholly managed by the National Transport Office (ONATRA).57  The problem-ridden 
                                                      
55 In North-Kivu, for example, the charges are:  $25/truck, $12/van and $6/automobile. 
56 The SNCC line includes th e Kolwezi-Katanga-Ilebo and Kisenge-Lobito branches. 
57 It is the national agency entrusted with supervising maritime, river and rail transport. Democratic Republic of the Congo WT/TPR/S/240 
 Page 89 
 
 
Uélés Railway is also one of the State-run companies providing rail transport services.  The 
interconnection of the south-east line with the Zamb ian network should in principle encourage copper 
exports from the Katanga mining basin via the ports of Durban and Dar es Salaam, were it not for 
what the Congolese side regards as  prohibitive rates being applied by the Zambian railway operator.  
The fact is that rail freight rates of US$0.15 pe r tonne/km. (almost three times the rates charged 
elsewhere in southern Africa) are indeed high, d espite the poor quality of service provided by the rail 
operators.  Consequently, the south-east railway line is not fulfilling its natural role as a means of 
transport for copper exports, which are be ing moved by road for the most part. 
177. The SNCC rail network traffic (some 200 milli on tonnes/km. in 2009) is about one-tenth of 
the tonnage of the 1970s.  The poor state of th e network limits speeds to 10-35 km. per hour. 
(b) River and maritime transport 
178. The Congo River and its tributaries, represen ting some 15,000 km. of navigable waterways 
altogether, are a significant asset in developing the ri ver transportation of exports to the north-east and 
agricultural produce coming from Equateur province,  considering the highly competitive nature of 
this mode of transport.  However, problems of i nvestment are limiting the river's navigability.  Most 
river transport is provided by small-scale inform al operators.  In 2007 ONATRA recorded traffic 
amounting to some 250,000 tonnes of cargo and 221 ,000 passengers, mostly between Kinshasa and 
Kisangani.  The traffic is perhaps far above 1 milli on tonnes of cargo in actual fact.  At a cost of 
US$0.05 per tonne/km., river transporta tion is a highly competitive mode. 
179. The feeder port of Matadi is one of the count ry's most important from the trade standpoint, 
owing to its estimated capacity of 2.5 million tonnes per year.  The 24-day lapse needed for container 
handling in the port of Matadi pushes up the cost of using that facility, thereby reducing its capacity to 
export timber from the DRC.  Before reaching the port of Dar es Salaam, exports originating in 
Katanga and the eastern region are often affected  by problems of intermediate reloading. 
180. The River Navigation Board (RVF) and the Maritime Navigation Board (RVM) are the 
two national agencies responsible for the supervisi on of dredging, maintenance of navigable rivers 
and the beaconing of the section from Matadi to  the ocean.  ONATRA and the Matadi-Kinshasa 
Railway (CFMK) also provide a river transport service, as the law makes no distinction between regulatory agencies and service providers. 
181. With the elimination of national preferences and cartel arrangements for cargo distribution, 
maritime transport is now in principle open to any transporter registered in the DRC or abroad that 
wishes to serve the Congolese port of Matadi.  The D RC is nevertheless still a signatory to the United 
Nations Convention on the Code of Conduct for Liner Conferences (1974).  It is also a member of the United Nations Convention on the Carriage of Goods by Sea (1978). 
182. Formerly known as the Maritime Freight Administration Office (OGEFREM), the national 
council of Congolese shippers became the Multimodal Freight Management Office by a decree dated 
3 December 2009 establishing its statutes.  According to the authorities, this change of name was 
dictated by the need to adapt to the evolution of  maritime transport and to the constraints of the 
national transport chain in the DRC.  OGEFREM was set up in 1980 under the 1973 Trade Law, the 1975 Abidjan Charter and the Code of  Conduct for Liner Conferences of 1983.
58  Its tasks were:  (i) to 
                                                      
58 The code of conduct is designed to regulate ag reements between ship ope rators members of liner 
conferences and to ensure proportiona te cargo distribution between liner co nference members of both signatory 
countries on a 40-40-20 basis (40 per cent for the ship operators of each country and 20 per cent for those of third countries). WT/TPR/S/240 Trade Policy Review 
Page 90 
 
 
protect the then National Shipping Company (C MZ, later renamed CMDC) by means of freight 
allocation;  (ii) to regulate and control the freight  rates paid by Congolese shippers;  (iii) to improve 
regional maritime services in cooperation with the Counc ils of shippers and other agencies;  (iv) to 
simplify maritime administrative and legal formalities;  and (v) to defend and represent the interests of 
shippers.  The missions assigned to OGEFREM under its new statutes are:  (a) to promote national 
productivity in the multimodal transport sector;  (b) to  provide assistance to shippers and promote the 
DRC's foreign trade;  and (c) to provide the govern ment with technical support in formulating national 
transport policy. 
183. OGEFREM plays a role in export and import activities, inter alia , by (i) charging levies on 
maritime freight59;  (ii) requiring importers to obtain, against payment, the Electronic Import 
Information Form (FERI) instituted in 2005;  ( iii) requiring ship operators to sign an accession 
contract in order to have the right to call at Mata di;  and (iv) by means of agency contracts with 
forwarders (Chapter III(2)). 
184. The following import levies are assessed:  (i) 1. 8 per cent of the f.o.b. value of the freight 
invoiced by the ship operator;  (ii) 0.59 per cent of the c.i.f. value. (i.e. 0.5 per cent, plus 18 per cent 
thereof for the turnover tax);  and (iii) levies fo r the FERI.  Total OGEFREM levies may amount to 
1.88 per cent of the c.i.f. value of imports.  The utility of OGEFREM's activities is strongly contested 
by shipping agents, freight forwarders and ev en shippers, who view these OGEFREM levies as 
tantamount to taxes (with no service in return).  A ll these charges come in addition to ordinary import 
duties and taxes (Chapter III(2)). 
(c) Air transport 
185. The DRC has some 270 airports and aerodrom es managed by the Air Navigation Board 
(RVA), the Civil Aviation Department (DAC) and the private sector.  Of these 270 airports, 101 are open to public traffic, 164 are private and five milit ary.  The country has five international airports 
(Kinshasa, Lubumbashi, Kisangani, Goma and Gbadolite) amongst which Kinshasa is still the 
country's principal port of entry and exit. 
186. The Air Navigation Board (RVA) manages na vigation and aviation security services, 
including landings, ground handling, cargo handli ng, takeoffs, as well as all airport buildings.  
Subsidies are envisaged to finance the RVA but in the practice, the Board is still being financed by 
"non-aviation" taxes.  The DRC has no functioning St ate-run air transport operator.  The country is 
served by several private operators using very old ai rcraft most of which are sub-standard and ply 
domestic routes only. 
187. Since aircraft belonging to Congolese compan ies were banned from European airspace 
following an audit by the International Civil Aviati on Organization, the authorities have taken steps to 
create a regulatory framework that meets modern ai r transport standards.  A civil aviation law has 
been adopted by the Parliament and is pending enact ment by the President of the Republic.  The new 
regulations are expected to introduce major innovati ons such as the functioning of the Civil Aviation 
Authority, the distribution of functions amongst th e different players involved and the improvement 
of the system of flight and airport safety management.  They will also aim to ensure the proper organization of civil aviation, encourage competiti on and private sector participation and see to the 
rational use of infrastructure.  They are also expected  to prohibit actions designed to impede or restrict 
competition in the subsector. 
                                                     
 
59 Decree of 3 December 2009 estab lishing the statutes of the Multimodal Freight Management Office 
(OGEFREM). Democratic Republic of the Congo WT/TPR/S/240 
 Page 91 
 
 
188. Access to the Congolese aviation market is  governed by Decree-Law No. 78-009 of 
29 March 1978 regulating the gene ral conditions for the operation of services, supplemented by 
Ministerial Order No. 409/CAB/MIN/TC0036/98 of 3 October 1998 regarding the licence to operate a 
public air transport service.  Foreign air transport companies apply to the RVA for landing and takeoff 
rights.  These rights are based on bilateral agreem ents.  The DRC has signed and ratified bilateral 
aviation agreements with:  Angola, Belgium, Beni n, Burundi, Cameroon, Central African Republic, 
Côte d'Ivoire, East African Community (Kenya, Uganda, Tanzania), Egypt, Equatorial Guinea, 
Ethiopia, France, Germany, Ghana, Greece, Isra el, Italy, Liberia, Mali, Morocco, Netherlands, 
Nigeria, Republic of South Africa, Republic of  the Congo, Rwanda, Senegal, Switzerland, Togo, 
United Kingdom, Zambia, and Zimbabwe.  The DRC is  a member of the International Civil Aviation 
Organization (ICAO) and the African Civil Aviati on Commission (AFCAC).  Cabotage transport is 
prohibited, unless authorized by the competent au thority.  The DRC has concluded no open skies 
agreements. 
189. In the DRC, there are some 50 private airlines sharing domestic traffic of about 1 million 
passengers and 300,000 tonnes of cargo per year.  International links are provided by (country 
ownership is indicated in brackets):  Africa West Cargo (Togo), Afriqiyah Airways (Libya), Air 
France (France), Air Ivoire (Côte d'Ivoire), Air Service (Gabon), Avirex S.A. (Gabon), Benin Golf Air (Benin), Ethiopia Airways (Ethiopia), GETR A (Equatorial Guinea), Hewa Bora (DRC), Kenya 
Airways (Kenya), Royal Air Maroc (Morocco), Bru ssels Airlines (Belgium), South African Airways 
(South Africa), Toumaï Air Tchad (C had) and Trans Air Cargo (Congo). 
190. Airport charges
60 are governed by Orders No. 410/CAB/SG/TC/950/96 of 4 December 1996 
and No. 409/CAB/MIN/TVC/082/2009 of 3 December 2009, as well as by Decisions No. RVA/DG/12.00/00476/91.A and No. 00477/91. A of 1 November 1991 setting the rates for 
aviation and non-aviation charges applicable to domestic  and international traffic in the DRC.  Airport 
facilities are managed by the RVA and the Civil Aviation Authority (CAA) on behalf of the State, by private parties (private companies and religious denominations), and by armed forces.  Excessive 
taxes are creating problems of profitability for some  private aviation companies.  Moreover, a licence 
is required to operate public air transport services.  It  is granted by the Minister responsible for civil 
aviation on an individual basis only to companies registered in the DRC, for a period of one year, which is renewable after consultation
61 with the Civil Aviation High Council. 
191. The transport subsector has a crucial role to play in the country's economic development and 
hence in the growth of its trade, as the Governme nt has recognized in its PRSP (Chapter I(2)).  The 
Government issued a transport policy strategy statement in 1996, and prepared a medium-term 
transport sector programme to be implemented in several phases.  Nonetheless, its implementation 
seems to be delayed owing to a lack of financi ng, difficult operating conditions of the road network 
(tropical forests, mountains), and the slow pace of  reforms in the civil aviation sector and maritime 
and port activities. 
192. The DRC is currently engaged in a major effo rt to renew its transport network.  The 
challenges include:  (i) continuation of the current plan s to rehabilitate the main corridors;  (ii) linking 
development of the transport infrastructure ne twork to the country's future farm produce 
transportation needs;  and (iii) introduction of PPPs  to guarantee ongoing financing for infrastructure 
and maintenance.  The Government is re lying strongly on the contracts signed with 
Chinese companies for the modernizati on of its transport infrastructure. 
                                                      
60 These are mainly landing fees;  airfield lighting f ees;  parking fees;  fees for the use of facilities 
equipped to receive passengers and cargo;  and overflight fees. 
61 An opinion is required in particular regarding legal, technical and financial guarantees, and a 
minimum equity capital of US$500,000 is stipulated. WT/TPR/S/240 Trade Policy Review 
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(v) Tourism 
193. The DRC has enormous potential for various types of tourism, with attractions ranging from 
its biodiversity, abunda nt water resources62, safari parks63, imposing mountains, its varied climate, to 
its ethnic and cultural diversity.  The DRC ranks 10th amongst the world's mega-biodiversity countries 
and boasts 480 species of mammals, 565 species of birds, 1,000 species of fish, 350 species of 
reptiles, 220 species of amphibians and over 10,000 angiosperms.  The Kinshasa-Bas-Congo corridor (linking Kinshasa to the ocean) and the Kivu corri dor (eastern Katanga province) are the country's 
main tourist routes. 
194. In addition to ecotourism, which has potential th anks to the diversity of the DRC's ecosystems 
and cultural heritage, several other forms of touris m could be developed, including cultural tourism - 
there are over 400 ethnic groups with diverse custom s and historical heritage, agrotourism, safari 
photo and hunting tourism, given the country's imme nse wealth of wildlife, business tourism and 
conferences;  sporting tourism that can draw on ex isting infrastructure;  and "health and medicinal 
plant-related" tourism. 
195. The number of visitors is still only 35,000 tourists  on average, as against the annual target of 
100,000.  In 2005, the country recorded 61,000 vis itors and estimated tourism receipts of some 
US$1 million. 
196. The Ministry of the Environment, Nature C onservation and Tourism is responsible for the 
regulation and development of tourism.  To stim ulate tourism, the Ministry, through the National 
Tourism Office (ONT), plans to give priority to organizing the subsector, identifying the players and 
determining the key role of interested partne rs.  Indeed, the measures already taken include, inter alia , 
updating legal and regulatory texts, preparing a dr aft framework law on tourism, convening a tourism 
convention with the participation of all stakeholders, focusing on ecotourism and cultural and wildlife 
tourism, and strengthening collaboration with tourism-related corporations, businesses and 
occupations. 
197. The private sector, consisting of travel agencies,  hoteliers, transporters and restaurateurs, is 
involved in tourism through the Federation of Cong olese Enterprises (FEC) and the Confederation of 
Small and Medium-Sized Enterprises (Copemeco).  The DRC has been a member of the Regional 
Tourism Organization of Southern Africa (RETOSA) since 1998, and takes advantage of the annual 
meetings of that network to raise its commercial pr ofile in tourism.  Besides, the Congolese Institute 
for Nature Conservation (ICCN) works in partners hip with the GTZ to promote protected zones.
64 
198. A tourism promotion and development fund has b een created to support tourist operators and 
is financed by a levy of 5 per cent on hotel bills, US$30 on every plane ticket and US$30 on every boat ticket.  For example, 60 per cent of receipts from activities in the protected zones should go 
towards their operating, upkeep and maintenance costs, and the remaining 40 per cent to the 
ICCN headquarters (Chapter III(2)). 
199. Under the Investment Code, general tax incentiv es may be provided to attract investment 
(both national and foreign).  According to the authorities, tourism-specific measures are under study.  Domestic or foreign companies wishing to operate  any tourism-related activities must obtain from the 
                                                     
 
62 The country is home to numerous lakes rich in fish, including Lake Tanganyika, which has the 
world's highest fish density. 
63 Four of the DRC's national parks are now UNESCO world heritage sites. 
64 The Congolese Institute for Nature Conservation ma nages the DRC's protected zones (9 per cent of 
the national territory, comprising seven national parks and 63 reserves and hunting areas). Democratic Republic of the Congo WT/TPR/S/240 
 Page 93 
 
 
Ministry of Tourism an authorization or a non-tr ansferable operating licence;  such companies are 
also subject to a fee that is set  in accordance with their category. 
200. Tourist guide activities are regulated in the prot ected zones.  Hotel classification is done by 
the Ministry of Tourism, in principle every two years.  In 2009, however, 95 per cent of 
establishments representing 80 per cent of room capacity were not classified. 
201. The DRC is a signatory to the Tourism Charte r, the Tourist Code of 26 September 1985, and 
the Global Code of Ethics for Tourism of 1 October 1999, drawn up by the World Tourism Organization (UNWTO), of which it is a member. 
(vi) Financial services 
(a) Banking services 
202. Credit establishments must be set up as legal en tities in the DRC.  Subject to specific legal 
provisions, they must take the form of a limited liability company (SARL), which requires prior authorization from the President of the Republic , they must meet the minimum paid-up capital 
requirement set by the BCC (US$10 million) a nd fulfil a local and general economic need. 
203. Commercial banks must obtain authorizati on from the BCC before launching their activities 
in the DRC.  The application for BCC authorization must  include:  (i) an original copy of the statutes 
in the French language;  (ii) a list of share holders and managers;  (iii) the setting-up and 
organizational activities planned;  (iv) a breakdown of  the technical and financial resources that the 
credit establishment plans to utilize;  and (vi) all other elements that can help inform the 
BCC's decision.  The BCC has a 90-day period in wh ich to ascertain whether the application complies 
with the requirements of the banking law and make  a decision as to the granting or refusal of 
authorization.  Once this deadline has passed, th e bank may set up, pending the conclusion of the 
authorization procedure. 
204. Under article three of the exchange regulations , the BCC levies a 2 per cent exchange control 
charge on all payments made by authorized banks to or received from a foreign country, as well as on 
all exports without repatriation of  foreign exchange.  Moreover, lending rates to clients as well as 
remuneration on client deposits are freely determ ined by the authorized banks in the DRC. 
205. One of the features of the DRC's banking system is its relatively small size compared to the 
size of the country and its population, which constrai ns its capacity to contribute towards financing 
the country's development.  The number of bank accounts has increased significantly over the past two years, but the figure of some 300,000 bank accounts for an estimated population of about 
70 million is well below par.  There has also been a steep increase in the number of authorized banks, 
from 12 (Afriland First Bank CD, Banque Comm erciale du Congo, Banque Congolaise, Banque 
internationale du Crédit, Banque In ternationale pour l'Afrique au Congo, Access bank CD, Citigroup, 
Procredit Bank, Raw Bank, Standa rd Bank Congo, Trust Merchant Ba nk and Byblos) in 2005 to 23 in 
2010 of which six (Afriland First Bank CD, Access  Bank CD, Byblos, Mining Bank, Invest Bank 
whose authorization the BCC has just withdrawn,  and SofiBanque) were authorized between 2005 
and 2007, three in 2007 (Ecobank, la Cruche Ban que and First Internati onal Bank), two in 2008 
(Advans Bank and Bank of Africa ), two (Crane Bank and United Bank for Africa) in 2009 and one 
(BGFIBANK) in 2010.
65  However, only 19 were operating in July 2010.  With the exception of the 
                                                      
65 Banque Commerciale du Congo (BCDC), Citibank, Raw Bank, Stanbic Bank, Banque Internationale 
pour l'Afrique au Congo (BIAC), Banque Internationale de Crédit (BIC) in 2005;  Banque Congolaise (BC), Afriland Bank, Trust Merchant Bank, ProCredit Bank and Banque Privée du Congo from 2005 to 2007;  WT/TPR/S/240 Trade Policy Review 
Page 94 
 
 
BCDC, Citibank and Stanbic, and to a lesser ex tent ProCredit, none of  them belongs to an 
international banking group, and A frican banking groups only started to set up in the Congo in 2008 
with the arrival of Ecobank, Access  Bank and Bank of Africa.  The ot her banks are owned by families 
with local economic interests or by foreign non-banking investors. 
206. At the end of July 2009, the system consis ted of 15 commercial banks, three specialized 
institutions, 11 microfinance institutions, 48 savin gs and loan cooperative associations (coopec), 
38 financial messaging establishments and 28 fore ign exchange offices.  Bearing in mind the 
embryonic nature of the banking sector, the banks ope rating in the DRC are not very sophisticated and 
were not directly exposed to the international banking  crisis.  The survey of all the banks operating in 
the DRC conducted by the Central Bank in Decemb er 2008 showed that their assets outside the 
country corresponded to demand deposits or to assets deposited in connection with letters of credit. 
207. Following a diagnostic study conducted by the Ce ntral bank of the Congo in 1998 with a view 
to remedying the crisis that had plagued the Congolese banking sector since the 1980s, a number of 
measures have been taken in respect of the economic  and banking environment.  With the financial 
support of the World Bank, the restructuring of th e banking system consiste d of organizational and 
financial audits of all operating banks, conducted by international firms.  Only banks that were 
deemed viable and able to present a credible restruct uring plan were allowed to stay in operation;  the 
others were wound up. 
208. At the end of the restructuring, the numbe r of banks doing business in the DRC rose from 
13 to 22 (of which 17 are now operational).66  Most of the operations of  Congolese banks consist of 
taking deposits and short-term fi nancing operations.  The vast ma jority of deposits are demand 
deposits (82 per cent as of 31 December 2008) a nd in foreign currency (88.5 per cent as of 
31 December 2008), mainly United States dollars.  Companies account for most of deposits (58 per 
cent of the total as of 31 December 2008).  The depo sits come mainly from flows that correspond to 
the enterprises' working capital funds, and the slow down or disappearance of enterprises explains the 
decline noted since October 2008.  However, becaus e of the low level of global capitalization in the 
Congolese banking system, large-scale projects or important investment require resort to external 
financing.  Congolese banks are therefore confined to  financing day-to-day operations and export or 
import transactions.  As a result, loans are mainly in the form of overdrafts and letters of credit to 
finance imports of goods for inv estment or household consumption. 
Table IV.6 
Some banking system performance data, 2007-2009 
(Million US$, unless otherwise indicated) 
 December 2007 Decemb er 2008 December 2009 
Total balance sheet 1,225.31 1,691.33 1,881.63 
Total deposits 837.3 1,036.44 1,183.16 
Demand deposits 713.85 855.76 1,016.67 
Foreign currency deposits 711.45 916.95 1,087.21 
Deposits by enterprises 503.24 601.74 676.09 
Loans/deposits (%) 50% 82.61% 68% 
Total loans 413.79 1 092.40 953.43 
                                                                                                                                                                     
Solidaire Internationale Bank, First International Bank, La Cruche, Mining Bank, and Invest Bank in 2007;  
Ecobank, Access Bank (which took over Banque Privée du Congo), Advens Bank and Bank of Africa in 2008. 
66 These are authorized universal banks focused primarily on the taking of deposits from the public, 
making small loans to the economy and managing means of payment.  Almost all the banks focus their activities 
on some 100 large and medium-sized companies (in the mining and import sectors), the public administration and the country's business elite. Democratic Republic of the Congo WT/TPR/S/240 
 Page 95 
 
 
 December 2007 Decemb er 2008 December 2009 
Cash loans (%) 96% 78% 93% 
Bad loans net 8.73 98.89 144.65 
Doubtful debts rate (%) 2.11% 11.84% 16.38% 
Provisioning rate (%) 50% 16.4% 32.00% 
Prudential own funds 98.81 133.66 208.4 
Solvency ratio  14 11 15 
Source : BCC. 
 
209. Table IV.6 shows the limited scale of the Congolese banking system.  It also shows the 
apparent solvency of the system as a whole (an av erage of 13.3 per cent for a regulatory minimum of 
10 per cent).  The low level of bad loans and the lim ited provisioning rate for these could explain this 
apparent solvency.  Nevertheless, without a detaile d analysis of the banks' loan portfolios, it is 
difficult to make any judgment on the actual quality of  their portfolios.  Indeed, because overdrafts are 
the principal means of assisting enterprises in the D RC, it is not easy to evaluate the real risks.  
However, according to the information gathered, some  banks appear to be restructuring overdrafts in 
advance so as not to have to consider them as bad loans, and others do not categorize commitments 
according to the risk s they represent. 
210. The difficulty of obtaining a loan (at quite high cost) is exacerbated by a legislative clause 
called the "third-party payer" according to which a lender - often the State - may seize private funds 
simply upon administrative authorization, in other words, without going through a prior judicial procedure.  Bank accounts are thus potentially vulnerable to arbitrary seizure, making private operators and banks extremely prudent in their ma nagement of accounts and compelling the use of 
alternative methods of saving. 
211. Despite the liberalization of financial services, the DRC has not undertaken specific 
GATS commitments in this subsector nor did it  participate in the 1998 WTO negotiations on the 
matter.  Banking Law No. 003-2002 lays out, inter alia , the procedures for bank authorization.  
Authorization is granted only to legal entities cons tituted in the form of limited liability companies 
(Sarl) with minimum paid-up capital of between US$1 .5 and US$5 million.  In addition, authorized 
banks are required regularly to maintain net asset s (prudential own funds) at least equal to the 
regulatory minimum capital or in line with their risk profile, and to abide by the rules regarding their 
organization, accounting, prudential standards, etc.   Moreover, the law does not allow managers and 
shareholders of a bank to be persons banned from professional pr actice within the meaning of 
Article 15 of the banking law. 
212. Since the early 2000s, the DRC has witnessed  an increase in the number of financial 
messaging institutions (FMIs), savings and loan cooperatives (coopec) and other types of financial 
institutions set up as NGOs.  Owing to their capacity  to mobilize savings, micro-financing affords 
access to loans for farmers and micro, small a nd medium-size enterprises, whilst the FMIs and 
savings and loan cooperatives are playing an increas ingly important role in poverty reduction in the 
DRC.  Whereas the traditional banking institutions ar e regulated by the banking law, savings and loan 
cooperatives are governed by Law No. 002-2002 of 2 February 2002 (which does not prescribe a 
minimum capital requirement), while FMIs are gove rned by Instruction No. 001 (as amended in 
2005). 
213. Considering the crucial role of this sub sector in financing the nation's economy, the 
Government and the BCC have been formulating and implementing plans to strengthen it since 2001.  
The Government's main objective is to restore overall confidence in the banking subsector by WT/TPR/S/240 Trade Policy Review 
Page 96 
 
 
improving governance and transparency, pursuing its  liberalization, launching initiatives to make it 
more compliant with laws and regulations, and by  means of strategies to afford small businesses and 
individuals greater access to financial services.  To this end, the authorities are continuing to draft 
laws and regulations on micro-fi nancing as well as legislation on electronic payments, increased 
oversight of banking and micro-finance services an d the modernization of the national payments 
system. 
(b) Insurance services 
214. The DRC is member of the African Nationa l Insurance Companies Association (FANAF) 
through its National Insurance Company (SONAS), wh ich, pursuant to Article 3 of Law No. 66-622 
of November 1966, holds a monopoly on the Congolese insurance market.67  Compulsory insurance in 
the DRC includes third-party liability motor vehicl e insurance (Law No. 74/073 of 5 January 1973), 
fire hazard insurance on some buildings (Law  No. 74/008 of 10 September 1974), and builders 
liability (Law No. 74/007 of 10 July 1974).  Moreover, Law No. 66/622  of 23 November 1966 
provides for compulsory maritime insurance, both on ship's hulls and maritime and river cargo, as 
well as aviation insurance covering aircraft hulls  and the transportation of people and goods. 
215. With a turnover of around US$45 million in 2009 and some 2,222 employees, the 
performance of SONAS is far from encouraging despite its monopoly on service provision to a 
population of over 60 million.  Opening the market to competition in a manner similar to the banking 
subsector would encourage the pursuit of comp etitiveness and improve performance in the provision 
of insurance services in the DRC.  So far just one entry has been authorized - on 8 January 2008 - by 
means of Order No. 002/CAB/MIN/FINANCES/ 2008, accepting NSIA Congo Assurances as a 
general agent. 
                                                      
67 See the law of 2 June 1967 – Decree-Law No. 240 - Award of the insurance monopoly to the 
National Insurance Company (SONAS).  Viewed at:  http://www.leganet.cd/Legislation/Droit%20economique/Ass/O.240.02.06.1967.htm.