DEMOCRATIC REPUBLIC OF CONGO Law and Practice Contributed by: Salvatrice Bahindwa, Concorde Akonkwa and David Djunga, LegalterLaw
Exceptions Certain sectors are excluded from the benefits of the investment code and are subject to particular laws and specific approval procedures. • Mining sector. • Insurance and reinsurance sector. • Banking sector. • Production of armaments and related military activities. • Production of explosives. • Assembly of military and paramilitary equipment and materials for security services. • Production of armaments and military and paramili - tary activities or security services. • Hydrocarbons sector. 2. Recent Developments and Market Trends 2.1 Current Economic, Political and Business Climate The Democratic Republic of Congo is experiencing robust, albeit decelerating, economic growth. Follow - ing a rate of 7.5% in 2023, growth has moderated to 5.1% in 2025. This deceleration is primarily attrib - utable to challenges in the extractive sector, notably a temporary suspension of cobalt exports which is anticipated to widen the current account deficit to 3.7% by the conclusion of 2025. Significant reforms have been implemented to render the fiscal framework more straightforward, efficient and inclusive. A new system of personal and corporate taxation shall enter into force in January 2026. The rev - enue authority has introduced payment facilitation via standardised invoicing and established a fiscal media - tion mechanism for the resolution of major tax disputes. The government has adopted an investment targeting policy aimed at economic diversification. The authori - ties now actively encourage investments in the sec - ondary sector, which generates added value. This strategic orientation seeks to reduce the economy’s vulnerability to fluctuations in commodity prices.
• participate in public procurement tenders through - out the national territory. However, investors seeking to benefit from fiscal and customs incentives may apply for and obtain approval by fulfilling certain criteria, such as: • being an economic entity established under Con - golese law; • investing a minimum amount equivalent to USD200,000; • undertaking to comply with environmental protec - tion regulations; and • committing to train national personnel in special - ised technical functions. The National Agency for Investment Promotion (ANA - PI) is the central authority for foreign direct investment (FDI). It is responsible for promoting and facilitating foreign investment. Its remit includes the examina - tion of investment projects (through feasibility studies, economic impact assessment and legal compliance), the granting of approvals and investor support. During the implementation phase, the investor bene - fits from total exemption from import duties and taxes on machinery, tools and new or second-hand equip - ment, as well as on initial spare parts not exceeding 10% of the CIF (cost, insurance and freight) value of such equipment, total exemption from property tax, exemption from proportional duty upon company for - mation or share capital increase, and reimbursement of value added tax paid on imports. In the operational phase, in addition to the benefits from the previous phase that have not yet expired, the investor obtains an exemption from professional income tax and an exemption from duties and taxes on the export of all or part of their finished, processed or semi-processed products, under conditions favour - able to the balance of payments. Multiple projects of different nature presented by the same promoter, or of the same nature but located in several provinces or sites, benefit separately from these advantages.
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