Foreign investors are required to engage Congolese-owned sub-crontractors unless exceptionally when local expertise is unavailable or inaccessible and subject to government approval.
Section 2: Scope
Section 2
Subcontracting concerns all sectors of activity, except for legal provisions governing certain sectors of activity or certain professions.
It relates to related activities, ancillary or part of the main activity.
[...]
Chapter II. Definitions
Section 3
For the purposes of this law, the following terms mean:
1. main activity: activity reported as the main activity in the Trade and Personal Property Credit Register of the company or that which is the subject of the contract;
2. ancillary activity: any activity which contributes indirectly to the performance of the main activity by providing goods and services, in particular the transport of products or staff, staff catering, laundry, industrial guarding, anti-corruption police. - fire, taking charge of staff health care;
3. related activity: any service, any production which the company needs and which is linked to the performance of the main activity;[....]
5. main company or main contractor: natural or legal person who has mobilized the financial, human and technical resources for the production of the goods or the provision of the services;[....]
8. subcontractor or subcontractor company: natural or legal person whose activity, on a regular, temporary or occasional basis, is linked, by a contract or agreement, to the performance of the main activity or to the execution of a contract of a principal company;
9. subcontracting: activity or operation carried out by a so-called subcontractor company, on behalf of a so-called main company and which contributes to the performance of the main activity of this company, or to the execution of one or more services of a contract of the main company;
10. capacity or conjunctural subcontracting: operation by which the main company temporarily calls on another company to carry out a task or manufacture a product that it can carry out itself in order to meet to additional commands;
11. specialty subcontracting: operation by which the main company uses the services of a specialized company for the execution of a task requiring specific equipment or skills which it does not have, for the purpose of carrying out the main activity;
12. contract subcontracting: operation by which a main company holding a contract uses another company for the performance of certain obligations of the contract or the contract.
[...]
TITLE II: PRINCIPLES AND CONDITIONS FOR THE EXERCISE OF SUBCONTRACTING
Chapter 1: Principles [...]
Section 6
The subcontracting activity is reserved for companies with Congolese capital promoted by the Congolese, whatever their legal form, whose head office is located on the national territory.
However, when there is unavailability or inaccessibility of the expertise set out in the paragraph above, and on condition of providing proof thereof to the competent authority, the main contractor may resort to any other company governed by Congolese law. or to a foreign company provided that the activity does not exceed six months; failing this, it creates a company under Congolese law.
The sector Minister or the local authority is informed beforehand.[...]" (LAW N° 17/001 OF FEBRUARY 08, 2017 FIXING THE RULES APPLICABLE TO SUBCONTRACTING IN THE PRIVATE SECTOR [google translation])
LAW N° 17/001 OF FEBRUARY 08, 2017 FIXING THE RULES APPLICABLE TO SUBCONTRACTING IN THE PRIVATE SECTOR [google translation]
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