Answer ... In addition to national legislation, relevant international instruments apply at multiple levels.
International legislation: On the international level, the DRC is a member of several international organisations, including:
- the World Trade Organization;
- the World Bank Group;
- the Multilateral Investment Agency; and
- the International Centre for the Settlement of Investment Disputes.
The DRC has also ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
In addition, the DRC voluntarily adheres to the Extractive Industries Transparency Initiative criteria.
Regional legislation: In July 2012, the DRC joined the Organisation for the Harmonisation of Business Law in Africa (OHADA). OHADA provides a single, modern, flexible and more reliable business law framework, primarily covering commercial, corporate, loan guarantee, accounting and arbitration law. OHADA law already applies in 17 OHADA member states and supersedes previous or subsequent national legislation. Congolese law, however, remains applicable in areas not governed by OHADA law. Congolese law – which is closely modelled on Belgian law – therefore remains important in order to understand the myriad of applicable statutes that must be navigated to clear bureaucratic, legal and, especially, cultural and linguistic hurdles.
In March 2022, the DRC joined the East African Community. The DRC’s membership provides access to the customs union and the single common market that exist between the member states of the community. This facilitates cross-border trade and transport of mining products, including better access to the strategic ports of Mombasa (Kenya) and Dar es Salaam (Tanzania).
US, UK and EU legislation: Certain US, UK and EU laws are also relevant for companies active in the DRC, including:
- the US Foreign Corrupt Practices Act and Section 1502 of the US Dodd-Frank Wall Street Reform Act;
- the UK Bribery Act; and
- the EU Conflict Minerals Regulation.
Depending on the type of mineral traded – tin, tungsten, tantalum or gold – these laws impose extensive supply-chain due diligence obligations on both upstream and downstream companies.
Bilateral legislation: Finally, the DRC has entered into bilateral investment treaties with several countries, and into double tax agreements with Belgium and with South Africa.