Congo - Establishing a presence with the support of API services

As a member of several regional forums, Congo offers a favorable environment for international investors. Furthermore, this Central African country has provided a whole series of incentives for investors. through API services.

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Congolese legislation creates a favorable climate for business development, particularly thanks to Congo's membership in numerous regional and international organizations. The 2023 Finance Act eliminated twenty-four import-export levies, and agricultural businesses benefit from an exemption from corporate income tax and special corporate tax. These exemptions from duties and taxes are in line with the 2022-2026 National Development Plan (NDP). The main measures introduced in the Finance Act target the parafiscal levies collected by several administrations during and after import operations. The API supports more than a hundred companies in Congo each year and fosters partnerships between local businesses and multinationals wishing to establish themselves in the country.

The currency
A member of the Central African Economic and Monetary Community (CEMAC) and therefore of the Franc zone, Congo benefits from a fixed exchange rate between the CFA Franc and the Euro.

Business law
Congo's membership in the Organization for the Harmonization of Business Law in Africa (OHADA) makes applicable a set of clear and modern rules which govern in particular company law and other most important areas of business law in the seventeen member states.

Intellectual property law
The country is also a member of the African Intellectual Property Organization (OAPI), which standardizes the protection of intellectual and industrial property rights as well as the centralized filing procedure.

Insurance law
Congo has ratified the CIMA (Inter-African Conference on Insurance Markets) treaty, which creates a single regulation for insurance operations and establishes a single regional commission to control these activities.

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Tax treaties
Congo has concluded three tax treaties, including one with France dated November 21, 1987. A treaty is currently being negotiated with Morocco. A convention to prevent double taxation also exists within CEMAC, allowing for the reduction of the tax burden between member states, except in the case of dividend transfers.

International commitments
Congo has joined ICSID (International Centre for Settlement of Investment Disputes) and MIGA (Multilateral Investment Guarantee Agency). However, it has not ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Branch
Foreign companies may conduct business directly, without creating a company, by establishing a branch in Congo. However, it should be noted that any branch of a foreign company, whose headquarters are not located in an Ohada member state, must be transformed into a company after two years of existence, unless an extension is granted by the Ministry of Commerce.

Creation of a company
The declaration formalities related to the creation, transfer, extension, modification and cessation of commercial activities are carried out at this one-stop shop, the Congolese Agency for the Creation of Businesses (ACPCE).

The ACPCE brings together: the departmental directorate of commerce for the establishment of the authorization to exercise commercial activities; the departmental directorate of labor for the registration of business openings; the commercial court registry for the establishment of the trade and personal property credit register (RCCM); the chamber of commerce, industry, agriculture and trades (CCIAM) for registration; the national social security fund (CNSS) for registration; the national institute of statistics (INS) for obtaining SCIET-SCIEN numbers.

At the ACPCE, formalities are carried out in a single place, with a single payment, a single document and in just one hour.