Autorité de Régulation de la Sous-Traitance dans le Secteur Privé

Stand: V43

Government

MISSION
Plan, control, design and propose reforms regarding subcontracting in the private sector in DR
Congo.

WHAT IS SUBCONTRACTING ACCORDING TO THE DRC LAW?
Activity or operation carried out by a company called a subcontractor, on behalf of a company
called the main company and which contributes to the realization of the main activity of this
company, or to the execution of one or several services of a contract of the main company.

WHY REGULATE SUBCONTRACTING?
The legislator's desire was to allow nationals, that is to say, companies with at least 51% Congolese
capital, to access subcontracting markets which were mainly held by foreign companies.
The observation made on the ground was:
- The subcontracting activities are almost confiscated by foreign investors;
- An almost total eviction of SMEs with Congolese capital from the subcontracting markets;
- Very few Congolese jobs created;
- No transfer of knowledge, know-how and technology to Congolese actors nor strengthening of
their capacities;
- Virtual absence of middle class to revitalize the DRC economy.

THE PURPOSE OF THE LAW
The Congolese legislator seeks, through this law, to promote small and medium-sized Congolese
businesses. In this spirit, the Law reserves subcontracting activities in the private sector for
companies promoted by Congolese and with majority Congolese capital. This does not exclude
foreign investments.

SCOPE OF THE LAW
Subcontracting concerns all sectors of activity, except legal provisions governing certain sectors
of activity or certain regulated professions.

Location
Democratic Republic of Congo

Website
arsp.cd/en/homepage/

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