Congo - Establishing a presence with the support of API services

As a member of several regional forums, the Congo offers a favorable environment for international investors. Furthermore, this Central African country has introduced a range of incentives for investors. via API services.

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Congolese legislation creates a favorable environment for business development, particularly through the Congo's membership in numerous regional and international organizations. The 2023 Finance Law eliminated twenty-four import-export levies, and agricultural businesses benefit from exemptions from corporate income tax and special corporate tax. These exemptions are fully aligned with the 2022-2026 National Development Plan (PND). The main measures introduced in the Finance Law target parafiscal charges levied by various government agencies during and after import operations. The Investment Promotion Agency (API) supports over one hundred businesses in the Congo each year and fosters partnerships between local companies and multinationals seeking to establish operations in the country.

The currency
As 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
The Congo has ratified the CIMA (Inter-African Conference of 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
The Congo has concluded three tax treaties, including one with France dated November 21, 1987. A treaty is currently being negotiated with Morocco. A double taxation avoidance agreement also exists within the CEMAC (Economic and Monetary Community of Central Africa), allowing for a reduction in the tax burden between member states, except with regard to dividend transfers.

International commitments
The Congo has joined the ICSID (International Centre for Settlement of Investment Disputes) and the AMGI (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 can conduct business directly, without creating a separate 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 converted into a separate company after two years of operation, unless an extension is granted by the Ministry of Commerce.

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

The ACPCE includes: the departmental directorate of commerce for the establishment of the authorization to carry out commercial activities; the departmental directorate of labor for the registration of the opening of a business; the registry of the commercial court for the establishment of the register of trade and movable property credit (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 ACPCE, the formalities are completed in one place, with one payment, one document, and in just one hour.