Democratic Republic of the Congo Member profile
No notifications submitted by Democratic Republic of the Congo
Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/339/Rev.1
A. Import prohibitions and restrictions and import licensing
3.75.
Article 13 of Special Law No. 73‑009 of 5 January 1973 on trade, as amended in 1974, stipulates that the Minister responsible for foreign trade is empowered to take restrictive measures and prohibit the import of certain products. Such measures may be imposed for reasons of security and morality, to protect public health and the environment, or because of their strategic nature. The exchange regulations define the list of products subject to prior declarations, the corresponding regime being administered by the Central Bank of the Congo. Frontier traffic is not affected.
3.76.
Article 30.3 of the new exchange regulations requires operators to make provisions or set up bank security when the declaration is validated, with a view to ensuring that the OCC and BIVAC receive payment for the services they provide in connection with importation and exportation. Moreover, the importation of pharmaceutical products is conditional upon a prior authorization invoiced at up to 2 of the c.i.f. value.[65]
3.77.
The goods subject to import prohibitions and restrictions are, in principle, those indicated in the customs tariff and the exchange regulations (Tables 3.5 and 3.6).[66]
3.78.
Since August 2015, the importation of grey cement has been conditional upon the possession of a programme contract concluded between the economic operator interested in the activity and the Ministry responsible for the national economy[67], since the authorities consider grey cement to be a strategic product.
B. Export prohibitions and restrictions
3.113.
Goods subject to prohibitions and restrictions at importation are also subject to them at exportation (Section 3.2.1).[82] All exported and re‑exported goods are subject to the export declaration. At exportation, the goods undergo controls carried out by the OCC, which charges fees for its services (Table A3.3).
3.114.
The quantitative restrictions (including prohibitions) and controls applicable to exports stem mainly from the treaties to which the DRC is party.[83] However, for economic reasons, restrictions are maintained on exports of unrefined mineral ores and logs, with the operators being required to carry out first‑stage processing on Congolese soil.
3.115.
In principle, domestic legislation authorizes the export of unrefined mineral ores only on an exceptional basis. Thus, the owner of the mineral rights must apply to the Directorate of Mines for authorization to export mineral ore for processing or marketing, subject to the payment of filing fees amounting, in Congolese francs, to the equivalent of US$280 for mineral substances classified in the mining category and US$200 for those classified in the quarrying category.[84] In his application, the owner of the rights must demonstrate the advantages of such a transaction for the DRC. Moreover, he must prove that the ore cannot be processed in DCR territory at lower cost. In practice, however, this export restriction is rarely observed by the countrys mining companies.
3.116.
Timber may only be exported in the form of logs by owners of duly authorized operational processing units and national foresters for a maximum period of ten years from the date on which the exploitation commenced and under a quota that must not exceed 30% of their total annual output.[85] Moreover, forestry operators must set up sawmills at the various tree‑felling sites in order to create jobs.
3.117.
The DRC has participated in the Kimberley Process (KP) concerning the traffic in rough diamonds since 2003.[86] The Centre for Valuation, Expertise and Certification (CEEC) is the service designated by the State for this purpose, in particular, for valuing and certifying exported gold and batches of rough diamonds, as well as for verifying the traceability of the diamonds produced in the country. A fee of 2.5% of the value is charged for this service.
3.118.
Special permits are required to export precious substances and species of wild fauna and flora listed in the appendices to the CITES. The DRC has not signed an export self‑limitation agreement and does not apply voluntary export restrictions.
WTO's environmental database (EDB)
The EDB contains environment-related measures that may qualify as QRs and therefore should be notified under the QR Decision.