CONCERNS: DRC-ZAMBIA DOSSIER

CONCERNS: DRC-ZAMBIA DOSSIER

●On the subject of transit, the DRC-Zambia Agreement commits the parties to facilitating, through their territory, the free transit of goods destined for a third country;

● The DRC’s Ministry of Foreign Trade would therefore like to make it clear that to date it has not been informed of any dispute in writing or through diplomatic channels and that it is prepared, if necessary, to examine any request made by the Zambian party bound by the Agreement, which also prohibits any retaliatory measures.

The Ministry of Foreign Trade of the Democratic Republic of Congo would like to inform the public about the temporary restriction measures concerning certain imported products, in particular beer and soft drinks, tiles and earthenware, lime, etc.

The Ministry would like to point out that imported juice is not affected by this measure, as it is neither a beer nor a
soft drink according to the classification in force.

1. The DRC has 9 borders and maintains good trade relations in accordance with the rules of the World Trade Organisation;

2. The DRC is also a member of several regional economic communities, including SADC, ECCAS and EAC, and has ratified the African Continental Free Trade Area (ACFTA)
agreements;

The DRC is also seeing a gradual revival of national industry, a factor in the creation of jobs and wealth for the Congolese people;

4. Respectful of duly ratified trade agreements, the DRC is increasingly noting a negative impact on its economy as a result of imported inflation, since the report by the Ministry of the National Economy reveals that certain imported products contribute to inflation (information note to the Council of Ministers of Friday 09 August 2024);

3. With particular regard to trade relations with the Republic of Zambia, there is a
Bilateral Trade Agreement signed on 06 August 2015 between our two Countries
and the mechanisms for both the protection of local industry and the settlement of
disputes are expressly set out therein;

6. Under the terms of Article 7 of the DRC-Zambia Agreement, “each contracting party may apply safeguard measures in respect of a product (…) on conditions that it causes or threatens to cause serious injury to the domestic industry producing like or directly competitive  products”;

7. Paragraph 3 of Article 7 of the Agreement states that “where safeguard measures are
applied to a product of the contracting party, the other party shall accord the same
treatment to all other imports of the same product from other countries”;

8. The DRC-Zambia agreement specifies that the full period of application of a safeguard
measure may not exceed 4 years (art.7 paragraph 5);

9. With regard to dumping, the DRC-Zambia Agreement specifies that each contracting
party may take anti-dumping measures and countervailing measures if it is found that
products from the other contracting party are being subsidised or sold at such a low price as to cause injury to the local industry of the importing country (article 6, paragraph 2);

10. Article 6 paragraph 5 of the said Agreement stipulates that the contracting party of the exporting territory (in this case Zambia) undertakes not to introduce retaliatory measures with the aim of increasing exports of other types of products to the territory of the other contracting party;

11. On the subject of transit, the DRC-Zambia Agreement commits the parties to facilitating, through their territory, the free transit of goods destined for a third country;

12. In the event of a dispute, Article 17 of the DRC-Zambia Agreement stipulates that the
aggrieved party shall inform the other party in writing, through diplomatic channels,
with a view to an amicable settlement. The party to whom the request is addressed is
required to acknowledge receipt within 30 days, and consultations are to be held within 90days on a mutually agreed date. After this period, the matter shall be referred to the Grand Joint Committee for decision (paragraph 5 of Article 17).

The DRC’s Ministry of Foreign Trade would therefore like to make it clear that to date it has not been informed of any dispute in writing or through diplomatic channels and that it is prepared, if
necessary, to examine any request made by the Zambian party bound by the Agreement, which also prohibits any retaliatory measures.

Consequently, the Congolese party is committed to respecting the content of the Agreement and,above all, its instruments for settling any disputes.

This is why a video-conference meeting was held with the Zambian side on the measures taken by the DRC, which referred to the closure of the borders as a measure not covered by the trade agreement between the two countries.

The two parties have agreed to meet again in the next few hours to examine the mechanism for settling disputes in such circumstances, in accordance with the provisions of the World
Trade Organisation Agreement and the Trade Agreement signed on 06- 08- 2015 between the DRC and Zambia.

The DRC’s Ministry of Foreign Trade would like to reassure the population that “the
salvation of the people is the supreme law”, as His Excellency Mr Félix Antoine TSHISEKEDI
TSHILOMBO, President of the Republic, Head of State, constantly reminds us.

Signed in Kinshasa,
Julien PALUKU KAHONGYA