OFFICIAL RELEASE
The Ministry of Foreign Trade of the Democratic Republic of Congo wishes to establish opinion on temporary restrictive measures concerning certain imported products, in particular beers and soft drinks, tiles and earthenware, lime, etc.
In particular, the Ministry wishes to clarify that imported juice is not affected by this measure given that it is neither beer nor soft drink under the terms of the classification in force.
1. The DRC is a country with 9 borders and maintains good trade relations in accordance with the rules of the World Trade Organization;
2. The DRC is, moreover, a Member of several Regional Economic Communities such as SADC, ECCAS, EAC... and has ratified the Agreements of the African Continental Free Trade Area, ZLECAF in acronym;
3. The DRC also notes a gradual awakening of national industry, a factor in creating jobs and wealth for the Congolese;
4. Respectful of duly ratified trade agreements, the DRC is increasingly noticing a negative impact on its economy as a result of imported inflation, because in fact, the report from the Ministry of the National Economy reveals that certain imported products contribute 60% to inflation (information note to the Council of Ministers of Friday August 9, 2024);
5. Particularly concerning commercial relations with the Republic of Zambia, there is a Bilateral Trade Agreement signed on August 6, 2015 between our two countries and the mechanisms for both the protection of local industry and the resolution of disputes are expressly established therein;
6. Under the terms of Article 7 of this DRC-Zambia Agreement, “each contracting party may apply safeguard measures with regard to a product (...) under conditions such that it causes or threatens to cause serious harm to the national industry producing similar or directly competitive products”;
7. Paragraph 3 of Article 7 of the said Agreement specifies that “in the event of application of safeguard measures to a product of the contracting party, the other party must grant the same treatment to all other imports of the same product coming from other Countries”;
8. The DRC-Zambia agreement specifies that the complete period of application of a safeguard measure cannot 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 as well as compensatory provisions when it turns out that products from the other contracting party are subsidized or sold at a price so low as to cause harm to the local industry of the importing country (art 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. Regarding transit, the DRC-Zambia Agreement commits the parties to facilitate, through their territory, the freedom of transit of goods intended for a third country;
12. In the event of a dispute, the DRC-Zambia Agreement, in its article 17, stipulates that the injured party will inform 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 organized within 90 days on a mutually agreed date. After this deadline, the question will be referred to the Grand Mixed Commission for decision (paragraph 5 of article 17).
The Ministry of Foreign Trade of the DRC therefore wishes to establish the opinion that there is to date no dispute brought to its attention 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, moreover, prohibits any retaliatory measure.
Legally formed agreements take the place of laws for those who made them and bind the latter to respect their prescriptions.
Consequently, the Congolese party sticks to respecting the content of the Agreement and, above all, its instruments for settling possible disputes.
The Ministry of Foreign Trade of the DRC wishes 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, continues to remind us.
Our pride is our sovereignty.
Our approach is respecting commitments.
Our determination is to promote mutually beneficial commercial relations.
Done in Kinshasa on August 10, 2024
Julien PALUKU KAHONGYA
For certified copy of the original
Benezeth Msafiri
Chief of Staff
