- The Constitution and Laws of the countries enacts that the property (private and collective) of any person in the Democratic Republic of Congo is sacred. Nobody can touch it (except cases provided by law, particularly in cases of court sentences for certain offenses).
- The Law (the Investment Code) expressly excludes nationalization and expropriation of investment made in the country (except in extreme cases for a public purpose for a fair and just compensation paid in advance).
- The Law provides 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 law or regulation can shake or restrict an advantage previously granted in a legal and regular manner to an investor.
- It also guarantees the freedom to transfer abroad without any restrictions, revenues, dividends and other earnings from investments made in the Democratic Republic of Congo.
- The Law emphasizes, in case of any investment dispute, an amicable settlement or arbitration.
- The Democratic Republic of Congo is member of the ICSID (Convention of 18 March, 1965 on the Settlement of Investment Disputes between States and Nationals of other States) since April 29, 1970. This legal instrument provides particularly for dispute resolution mechanisms consistent with business requirements and that focuses on amicable settlement and arbitration.
- The Democratic Republic Congo is a member of MIGA (Multilateral Investment Guarantee Agency), a branch of the World Bank Group that ensures international investors against non-commercial risks such as insurgencies, civil wars, popular uprisings, looting, etc.
- She is a member of the Agency for Trade Insurance in Africa (ACA) based in Nairobi, Kenya. This international institution is aims to facilitate, encourage and develop the provision or support for insurance and reinsurance, guarantees and other financial instruments for purposes of trade, investment and other producing activities in Africa. The guarantees it offers may cover political and commercial risks or non-commercial risks.
- The Democratic Republic of Congo has become a fully member of OHADA (Organization for the Harmonization of Business Law in Africa) since July 13, 2012. This modern business law in Africa entered into force in DRC since September 12, 2012. As it is known, the OHADA law is characterized by simplifying procedures as regards business and increased legal and judicial security for investors through its various mechanisms, including a Common Court of Justice and Arbitration (CCJA), the simplified procedure of setting up a business, debt collection, the regular procedure for informing and warning of shareholders, etc.
- The Democratic Republic of Congo has signed several bilateral agreements for the promotion and reciprocal protection of investments with several partner countries including the United States of America, France, Belgium, Luxembourg, Germany, Greece, Sweden, Italy, Switzerland, China, South Korea, Republic of South Africa, Jordan, Israel, Egypt, etc.
Investment protection mechanism
Investment Protection Mechanisms