MIMIT Registry: ANAPI Association Accreditation & Quality Assurance

Democratic Republic of the Congo Pursues Investment Reforms, Faces Ongoing Challenges

The Democratic Republic of the Congo (DRC) continues to implement reforms aimed at improving its investment climate, though significant hurdles remain for foreign investors. Recent efforts, dating back to 2009, have focused on streamlining business processes and attracting foreign capital, according to the National Investment Promotion Agency (ANAPI). However, restrictions on foreign ownership in key sectors persist.

Since 2009, the DRC government has undertaken a broad program of reforms intended to boost its ranking in the World Bank’s “Doing Business” report and increase the overall level of investment. These reforms have reportedly positioned the DRC among the top 10 reforming countries globally, though specific rankings were not provided in available documentation.

ANAPI plays a central role in these efforts, working to accredit entities within the insurance sector. The organization is recognized by the Italian Ministry of Enterprise and Made (MIMIT) and is listed among associations authorized to issue quality and qualification certificates for services provided by its members, as per Italian law 4/2013 (articles 4, 7 and 8).

The DRC operates under a civil law system, heavily influenced by Belgian legal tradition due to its colonial history. The legal framework relies on the Constitution, statutory laws enacted by Parliament, and regulatory texts issued by the executive branch. Customary law is also recognized, particularly in areas like personal status and land tenure, provided it doesn’t conflict with statutory provisions or public order. The judicial system is hierarchical, beginning with Peace Courts (Tribunaux de Paix) which handle minor civil and criminal cases.

Despite these reforms, foreign investors currently face limitations. According to a 2022 U.S. Department of State Investment Climate Statement, foreign investors are restricted to import trade and wholesale/semi-wholesale trade. Concerns also exist regarding potential bans on foreign agricultural ownership, reportedly creating uncertainty for investors in that sector.

The Accreditation Council, operating within ANAPI, examines applications for accreditation. The country’s legal system also addresses issues of misconduct in the management of companies, and associations. No decisions are made without considering the quality and services provided by firms.

The DRC is a member of the Organisation for the Harmonisation of Business Law in Africa (OHADA). Reforms have been implemented based on OHADA law, though specific details were not provided in the available documentation.

The Standards, Quality Assurance, Accreditation and Metrology (SQUAM) program, launched by the Southern African Development Community (SADC) in 2000, involves the participation of the DRC through the Observatoire Congolais de la Qualité (OCC).

ProximA International, a boutique law firm headquartered in Kinshasa, advises international investors and development finance institutions on complex mandates in the DRC. The firm specializes in natural resources law, infrastructure, telecommunications, banking, and project finance, and maintains strategic partnerships across Africa.