Foreign investment in wholesale trade is subjec to an express authorization of the President of the Republic.
"Title 1 - Exercise
trade in general
Art.1.- The commercial activities provided for in article 5 of this law are exclusively reserved for Zairians. Under the terms of this law, Zairians are natural persons of Zairian nationality as well as companies governed by Zairian law whose capital belongs entirely to Zairians.
Art.2.- (Law No. 74-014 of July 10, 1974) However, notwithstanding the provisions of Article 1 above, foreigners, natural or legal persons and Zairian companies provided for by Ordinance-Laws No. 66-260 of April 21, 1966 and No. 69-016 of January 21, 1969, may, with the express authorization of the President of the Republic, carry out commercial activities that he determines.
[...]
Title 2 - Categories of commercial activities
Art.5.- Commercial activities are divided into:
- 1° import trade;
- 2° export trade;
- 3° transit trade;
- 4° wholesale trade;
- 5° semi-wholesale trade;
- 6° retail trade;
- 7° services deemed commercial by law.
Title 3 - Internal trade [...]
Art.8.- Itinerant trade by land, river, lake or air and the remunerated transport of persons by motor vehicle are assimilated to retail trade.
[...]
Title 6 - Transitional and final provisions
Art.24.- Pending the granting of the derogation provided for in Article 2 above, foreigners, natural or legal persons and Zairian companies provided for by Ordinance-Laws No. 66-260 of April 21, 1966 and 69-016 of January 21, 1969, established in the Congo on the date of entry into force of this law and carrying out one of the activities referred to in the aforementioned article 5, are required to continue these activities.[...]"(Law No. 73/009 of January 5, 1973 amended by Law No. 74-014 of July 10, 1974 on Trade [google translation])
-----------------
"Art. 1st
. The practice of petty trade, as defined by article 3 of ordinance law 90-046 of August 8, 1990, is reserved for Congolese.
Art. 2. Without prejudice to the provisions of Article 1 above, the practice of retail trade is only authorized for foreigners referred to in Article 2 of Law 73-009 of 5 January 1973 specific to trade only in the sectors below:
- gas stations;
- large area (super market);
- catering and hotels;
- spare parts;
- distribution of drinks;
- appliances;
- land, river or air transport;
- luxury clothing and jewelry;
- pharmacies;
- new vehicles.[...]" (DECREE No. 011/37 laying down precautionary measures for the exercise of small businesses and retail businesses [google translation])
Law No. 73/009 of January 5, 1973 amended by Law No. 74-014 of July 10, 1974 on Trade [google translation]
DECREE No. 011/37 laying down precautionary measures for the exercise of small businesses and retail businesses [google translation]
[<a href="http://www.droit-afrique.com/upload/doc/rdc/RDC-Loi-1973-09-portant-sur-le-commerce.pdf">Law</a>],[<a href="https://www.droitcongolais.info/files/90.10.11-Decret-du-11-octobre-2011_petit-commerce_mesures-conservatoires.pdf">Decree</a>]