DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
1. Legal System 1.1 Legal System and Judicial Order The Democratic Republic of the Congo (DRC) operates under a civil law system, heavily influ - enced by Belgian legal tradition due to its colo - nial past. The primary sources of law include the Constitution, statutory laws enacted by Parlia - ment, and regulatory texts issued by the execu - tive branch. Customary law is also recognised, particularly in matters of personal status, land tenure and local governance, provided that it does not contradict statutory provisions or pub - lic order. The judicial system in the DRC is organised into a hierarchical structure. At the base are the Peace Courts ( Tribunaux de Paix ), which han - dle minor civil and criminal matters. These are followed by Courts of First Instance ( Tribunaux de Grande Instance ), which deal with more seri - ous cases. Appeals from these courts go to the Courts of Appeal ( Cours d’Appel ), and ultimately to the Supreme Court ( Cour de Cassation ) for civil and criminal matters. Additionally, the Coun - cil of State ( Conseil d’État ) handles administra - tive disputes, and the Constitutional Court ( Cour Constitutionnelle ) ensures compliance of laws with the Constitution. The judiciary is nominally independent, though in practice it can be affected by political and logistical challenges. Efforts to improve judicial effectiveness and reduce corruption are ongo - ing, often with support from international donors and civil society actors.
2. Restrictions on Foreign Investments 2.1 Approval of Foreign Investments Foreign investments in the DRC do not gener - ally require prior approval, except in sectors gov - erned by specific regulations. The Investment Code (Law No. 004/2002 of 21 February 2002) provides a liberal framework allowing foreign investors to operate under the same conditions as local investors, with guarantees for repatria - tion of profits and protection against expropria - tion. However, certain sectors are subject to prior authorisation: • In the mining and hydrocarbons sectors, foreign investors must obtain permits issued by the relevant ministries. These are required before any exploration or exploitation can commence. • In banking, insurance and financial services, any foreign entry must be approved by the Central Bank of Congo through licensing procedures. • The telecommunications sector is regulated by the Authority for the Regulation of Posts and Telecommunications of Congo (ARPTC – Autorité de Régulation de Poste et de Télé- communication ), and any foreign investment must comply with licensing and local content requirements. • Investments in infrastructure, public utilities and national security-related industries may also require prior approval or be restricted to domestic investors. Additionally, when investors seek incentives under the Investment Code, an approval must be obtained from the National Agency for Invest - ment Promotion (ANAPI – Agence Nationale
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