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DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since November 2020, entry into force in September 2021
Since February 1961

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)

Decree-Law 1-61 of February 25, 1961 relating to State Security Measures. - Right of Search, Internment and Surveillance (Décret- Loi 1-61 du 25 février 1961 relatif aux mesures de sûreté de l'État. - Droit de perquisition, d'internement et de mise sous surveillance)
According to Art. 22 of Law No. 20/017, any natural or legal person governed by Congolese law may provide telecommunications services, provided they fulfil the following conditions: (i) have a residence, domicile, or registered head office in the Democratic Republic of the Congo; (ii) provide proof of registration in the Trade and Personal Property Credit Register (RCCM); and (iii) demonstrate the technical and financial capacity to operate under the scheme applied for.
Art. 91 of Law No. 20/017, which resembles Art. 50 of the repealed Law No. 013/2002 on Telecommunications states that intermediaries must cooperate with law enforcement authorities in investigations. The refusal to grant the request of the authority may lead to the temporary or definitive withdrawal of the operating license or other penalties. This buttresses Art. 4 of Decree-Law 1-61, which provides that when it is a matter of national security, refusal to cooperate with law enforcement implies complicity and a "presumption of guilt".
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since November 2020, entry into force in September 2021
Since June 2018

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)

Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and Completing Order No. 04/MIP/020/96 of 26 November 1996 on Measures Applicable to Law No. 96-002 of 22 June 1996 Fixing Modalities for the Exercise of Freedom of the Press (Arrêté Ministériel No. 011/CAB/M-CM/LOM/2018 Modifiant et Complétant l’Arrêté No. 04/MIP/020/96 du 26 Novembre 1996 Portant Mesures d’Application de la Loi No. 96-002 du 22 Juin 1996 Fixant les Modalités de l’Exercice de la Liberté de Presse)
With the Law No. 20/017 of 2020, which governs the telecommunications sector, the government is given the power to take over the means of communication in the interest of national security. Art. 125 provides that the State may prohibit the use of telecommunication facilities, in full or in part, for any period of time, as it deems fit, in the interests of public security or national defence, the public telecommunications service, or for any other reason. In June 2018, the Minister of Posts, Telecommunications and Information signed a Ministerial Order strengthening the control of online media (Ministerial Order No 011/CAB/M-CM/LOM/2018).
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
The Democratic Republic of Congo has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Post and Telecommunications Regulatory Authority (ARPTC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2021, last reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
De facto screening
The DRC lacks a dedicated organization for screening inbound foreign investment. Instead, this responsibility falls upon the Presidency and various ministries, functioning in a de facto capacity.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since March 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Ordinance-Law No. 23/010 of 13 March 2023 on the Digital Code (Ordonnance Loi N° 23/010 du 13 Mars 2023 Portant Code du Numérique)
Section 201 of the Digital Code stipulates that the transfer of personal data to a third country or international organisation requires prior authorisation from the Personal Data Protection Authority, which also undertakes continuous oversight of such transfers. The recipient must provide a level of protection that is both adequate and equivalent to that prescribed by the Digital Code’s provisions on personal data protection. However, Section 202 permits transfers to jurisdictions lacking adequate protection in specific circumstances, including where the data subject has given explicit consent, where the transfer is necessary for the execution of a contract, or where it is essential to safeguard the vital interests of the data subject or another individual, particularly when the data subject is unable, either physically or legally, to provide consent.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since January 1982

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law No. 82-001 of January 7, 1982 on Industrial Property (Loi No. 82-001 du 7 janvier 1982 sur la Propriété Industrielle)
According to Art. 18 of Law No. 82-001 on Industrial Property, non-Congolese patent applicants domiciled abroad are obliged to indicate an address for service with a Congolese agent and to work through them.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
The DRC is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since April 1986

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Ordinance-Law No. 86-033 of April 5, 1986 on the Protection of Copyright and Neighboring Rights (Ordonnance-Loi 86-033 du 5 avril 1986 Portant Protection des Droits D’auteurs et des Droits Voisins)
The DRC has a copyright regime under the Ordinance-Law No. 86-033 on the Protection of Copyright and Neighboring Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 24-32 list the exceptions, which include reproducing quotations or excerpts of protected works for cultural, scientific, teaching, critical or polemic purposes, provided that the source, title and name of the author are mentioned; the reproduction of photographs in anthologies intended for teaching use and in scientific works shall be authorised; among others.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2020, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Although the Democratic Republic of Congo (DRC) has established a legal framework for the protection of Intellectual Property Rights (IPR), reports suggest that enforcement has been sporadic and inconsistent, leaving IPR effectively unprotected. The challenges in enforcing IPR regulations are attributed to limited institutional capacity and a widespread lack of awareness among both consumers and businesses, resulting in generally weak implementation.
Coverage Horizontal
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[{"post_id":"98948"},{"post_id":"98949"},{"post_id":"98950"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

DEMOCRATIC REPUBLIC OF CONGO (DRC)

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.52%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
DRC is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since April 2010
Since June 2010

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 10/010 on Public Procurement Law (Loi No. 10/010 du 27 Avril 2010 Relative aux Marches Publics)

Decree No. 10/22 of 2 June 2010 on the Guidelines for the Application of Law Related to Public Procurement (Decret No.10/22 du 02 juin 2010 Portant Manuel de Procedures de la Loi Relative aux Marches Publics)
The 2010 Public Procurement Law provides that a public administration can limit their participation through domestic preference granted to national and regional companies. Art. 37.5 considers nationality, residency, regional presence, and cooperation partners as criteria to provide a preference that would result in a reduction in the tenderer's financial offer. Art. 86 of Decree No. 10/22, laying down guidelines for the application of the Law related to Public Procurement, requires tender offers to explicitly mention "national preference" when publishing tenders that apply this requirement.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
DRC is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

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