DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
pour la Promotion des Investissements ) before the investment is made. This approval does not authorise the investment itself but is necessary to access fiscal and customs benefits. 2.2 Procedure and Sanctions in the Event of Non-Compliance Foreign investors in the DRC do not require a general approval to invest but must obtain spe - cific authorisations in regulated sectors such as mining, banking, telecoms and energy. In sec - tors eligible for investment incentives, approval from the ANAPI is also required. Process and Timing 1. Incorporation of a local entity Foreign investors must establish a Congolese company or acquire shares in an existing one. The process typically takes two to four weeks and requires registration with the One-Stop Shop for Business Creation (GUCE – Guichet Unique de Création d’Entreprise ). 2. Sector-specific licensing or permits Depending on the industry: • Mining: Apply for permits through CAMI (Mining Cadastre) and the Ministry of Mines. Environmental approvals are also required. • Telecoms: Obtain a licence from ARPTC. • Banking: Approval from the Central Bank is mandatory. Timelines vary from 90 days to several months, depending on the complexity of the application and the responsiveness of the authorities. 3. Application for investment incentives (optional) If seeking tax and customs benefits, investors must submit a business plan and supporting
documents to ANAPI. Approval is generally issued within 60 days. 4. Notification to the Central Bank Any foreign capital contribution must be declared to the Central Bank for registration and repatria - tion purposes. Consequences of Investing Without Required Approvals • Invalidity of rights: Operating without a required licence or permit renders any associ - ated rights or titles null and void. • Fines and sanctions: Authorities may impose financial penalties, withdraw or refuse to rec - ognise the investment, or seize assets. • Criminal liability: In cases of fraudulent decla - rations or unauthorised exploitation of natural resources, criminal prosecution is possible. • Denial of incentives: Failure to secure prior approval from ANAPI disqualifies the investor from tax exemptions or customs benefits. • Reputational and commercial risks: Unauthor- ised investors may face exclusion from public procurement or sectoral opportunities. Investors are strongly advised to seek legal counsel before engaging in regulated sectors to ensure full compliance with procedural and substantive requirements. 2.3 Commitments Required From Foreign Investors In the DRC, regulatory approvals are often con - ditioned on the maintenance of commitments and control structures, particularly in strategic sectors. In the mining sector, any transfer of mining rights, direct or indirect change of control in the title- holding company, or share acquisition resulting in effective control must receive prior authori -
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