DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
9. Looking Forward 9.1 Upcoming Legal Reforms
tion and is closely followed by institutional stakeholders and international partners. • Creation of new financial institutions: Two new institutions are in the pipeline: a Development Bank and a Deposit and Consignment Fund ( Caisse de Dépôt et de Consignation ). These bodies are expected to play a central role in long-term investment, public fund manage - ment and national development strategies, and will require dedicated legal frameworks for their operation and governance. • Banking sector reform: The existing Banking Law (Law No. 003/2002) imposes a require - ment for banks to have at least four share- holders each holding 15% of share capital. This rule is under pressure from lobbying by foreign-owned banks seeking exemptions. While amendments to this law are being discussed, it is unlikely to change in the short term given the strong emphasis on local own - ership and stability in the financial sector. • Tax administration and compliance: Broader tax reforms are needed to improve the investment climate and support the growth of domestic enterprises. Ongoing reforms include the mandatory registration for a Tax Identification Number (NIF), the standardisa - tion of invoicing practices, and the require - ment to obtain a Quitus Fiscal for clearance of public payments. While these reforms are positive in principle, their implementation has introduced new compliance burdens – espe - cially for SMEs, large corporations and entre - preneurs – due to persistent inefficiencies and unpredictability within the tax administration. Overall, while several reforms aim to modernise the legal and regulatory environment, business - es should remain attentive to both the opportu - nities and the compliance risks these changes may bring.
A number of significant legal reforms – both new laws and amendments to existing legisla - tion – are expected in the DRC, reflecting the government’s broader push towards increased regulatory control, local content enforcement and modernisation of economic governance frameworks. • Subcontracting and local content: A new or significantly revised Subcontracting Law is anticipated. The objective is to further pro - tect Congolese interests by expanding local content requirements, particularly in the min - ing, oil and gas, and infrastructure sectors. While foreign investors are lobbying for more flexible rules, the legislative trend – both in the DRC and across Africa – remains firmly oriented towards protecting and empowering domestic actors. • Implementation of the Digital Code: Although the Digital Code has already been enacted, its effective application awaits the adoption of implementing decrees and regulatory meas - ures. These will establish operational details and activate institutions such as the APD, as well as clarify compliance frameworks for both public and private entities. • National ID system reform: The government is also finalising the legal and institutional framework for the national biometric ID card system, a long-awaited reform critical to public administration, financial inclusion and national security. The enabling legislation and regulatory texts are expected to provide the legal basis for the rollout of a unified identity infrastructure, supported by digital technolo - gies and governed by privacy and data pro - tection standards. This reform is particularly strategic for cross-sectoral digital transforma -
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