Investment Protection Mechanisms
- The Constitution and Laws of the country provide that the property (private and collective) of all persons in the Democratic Republic of the Congo is sacred. No one may touch it, (except in cases provided for by law, such as in the event of judicial convictions for certain offences).
- The law (the Investment Code) formally excludes the nationalization and expropriation of an investment made in the country (except in extreme cases for reasons of public utility, subject to fair and equitable prior compensation).
- The Law grants and guarantees equal treatment to all national and foreign investors. No discrimination can thus be made between a Congolese investor and a foreign investor.
- The Investment Code guarantees respect for the rights acquired by investors: no subsequent legal or regulatory provision may undermine or restrict an advantage previously granted legally and regularly to an investor.
- It also guarantees the freedom to transfer abroad, without restrictions, income, and dividends and other remuneration from investments made in the Democratic Republic of the Congo.
- The Law favors, in the event of a possible investment dispute, the amicable settlement or arbitration.
- The Democratic Republic of the Congo has been a member of ICSID (Convention of 18 March 1965 for the Settlement of Investment Disputes between States and Nationals of Other States) since 29 April 1970. This legal instrument provides, in particular, for dispute settlement mechanisms that are compatible with the requirements of the business world and which favor amicable settlement and arbitration.
- The Democratic Republic of the Congo is also a member of MIGA (Multilateral Investment Guarantee Agency), a branch of the World Bank Group that insures international investors against non-commercial risks, such as insurrections, civil wars, popular uprisings, looting, etc. The Democratic Republic of the Congo is also a member of MIGA (Multilateral Investment Guarantee Agency), a branch of the World Bank Group that insures international investors against non-commercial risks, such as insurrections, civil wars, popular uprisings, looting, etc. The Democratic Republic of the Congo is a member of the World Bank Group.
- It is also a member of the African Trade Insurance Agency (A.C.A) based in Nairobi, Kenya. The purpose of this international institution is to facilitate, encourage and develop the provision or support of insurance and reinsurance, guarantees and other financial instruments for trade, investment and other productive activities in Africa. The guarantees it offers may cover both political and commercial or non-commercial risks.
- The Democratic Republic of the Congo has just finalized, since 13 July 2012, its membership of OHADA (Organization for the Harmonization of Business Law in Africa). This modern business law in Africa has been in force in the DRC since 12 September 2012. As we know, the OHADA law is characterized in particular by the simplification of business procedures and the increased legal and judicial security of investors thanks to the various mechanisms it provides, among others, a Common Court of Justice and Arbitration (CCJA), the simplified procedure for the creation of companies, debt collection, the procedure of regular information and alert of shareholders, etc.
- The Democratic Republic of the Congo is a signatory of several bilateral agreements on the reciprocal promotion and protection of investments with several partner countries including the United States of America, France, Belgium, Luxembourg, Germany, Greece, Sweden, Italy, Switzerland, China, South Korea, South Africa, Jordan, Israel, Egypt, etc.
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Democratic Republic of the Congo
Ministry of Planning
National Investment Promotion Agency
Address
33C, Boulevard du 30 Juin,Kinshasa, Democratic Republic of the Congo
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