Highlights:

• DRC ends moratorium allowing foreign nationals to operate in the small-scale trade sector, effective November 2025
• Move restores 1973 law reserving small-scale commerce exclusively for Congolese nationals
• New legislation in preparation to clarify trade categories and eliminate regulatory loopholes

The Democratic Republic of Congo (DRC) will bar foreign nationals from operating in the small-scale trade sector starting in November 2025, ending a moratorium that had allowed non-Congolese to compete in small-scale commerce. National Economy Minister Daniel Mukoko Samba announced the decision during a September 16 meeting with economic operators in Kinshasa.

The measure restores enforcement of a 1973 law reserving small-scale commerce for Congolese nationals. Mukoko Samba explained that successive government decrees had weakened this legal framework over the years, allowing foreigners to establish operations in sectors originally meant for locals.

The minister announced plans for new legislation to address regulatory gaps. "We need a modern, clear, and applicable law that leaves no room for interpretation," he said. The new text will precisely define small-scale commerce and eliminate exceptions that allowed foreign participation in certain segments.

Previous legislative efforts laid the groundwork for the change. In August 2023, the Council of Ministers adopted a bill establishing sector principles, granting provinces exclusive authority over border and inland trade, maintaining the patente annual business tax, and raising monthly sales thresholds for small businesses.

Mukoko Samba indicated in April 2025 that draft legislation would clarify operating conditions for different trade categories while protecting Congolese operators from what officials consider unfair foreign competition.

The original 1973 commercial law classifies trade into seven categories: retail, wholesale, semi-wholesale, import, export, transit, and commercial services. All activities are reserved for Congolese nationals or companies incorporated under Congolese law.

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