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Due Diligence Procedures for Banks in the Democratic Republic of Congo

When conducting due diligence procedures, banks operating in the Democratic Republic of Congo (DRC) must be aware of the country’s legal framework and challenges related to real property rights and intellectual property rights.

Real Property Rights

The DRC Constitution protects private ownership without discrimination between foreign and domestic investors. However, enforcement of these protections is lacking, with draft bills pending since 2015 but showing little progress.

• Land registration can be risky due to incomplete records and frequent legal disputes over land deals.
• There is no specific regulation of real property lease or acquisition.

Intellectual Property Rights (IPR)

The DRC has laws in place protecting IPR, including patents, trademarks, and copyright. However, enforcement of these regulations is virtually non-existent, with legislative action stalled since the 1980s.

• The country is a signatory to several international agreements related to IPR, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
• Despite this, the DRC remains out of compliance with its international IPR obligations.

Conducting Due Diligence

Banks operating in the DRC must consider these challenges when conducting due diligence procedures. They should:

• Carefully review property titles and documents.
• Review the legal framework surrounding IPR to ensure compliance with local regulations and international standards.

Additional Resources

The U.S. Commercial Service advises companies considering investment in the DRC to conduct thorough research on the country’s business environment and legal framework. The service provides a range of resources and support to help American businesses navigate international markets, including trade specialists located in the U.S. and abroad. For more information, visit http://export.gov/USoffices.