Data-center law in Democratic Republic of the Congo

National jurisdiction · as of 2026-09-07

The Democratic Republic of the Congo has no data-centre-specific siting, permitting, or incentive statute; a data-centre project is governed by the general investment-incentive and electricity regimes that apply to any large industrial or service facility.

Loi n° 004/2002 du 21 fevrier 2002 portant Code des investissements, in force since its own promulgation date, 21 February 2002, lets any national or foreign investor apply to the Agence Nationale pour la Promotion des Investissements (ANAPI) for an agrement carrying customs and tax exemptions for three, four or five years depending on the economic region of the investment; the Code names no data-centre or information-technology sector specifically, so a data-centre project would qualify, if at all, as an enterprise investment under the Code's general terms.

Loi n° 14/011 du 17 juin 2014 relative au secteur de l'electricite establishes the DRC's electricity concession and licensing regime; Loi n° 18/031 du 13 decembre 2018, the only provision of that regime whose primary text was located and read, amended its Article 52 to require that a concession's duration be fixed by contract so as to allow amortisation of the concession-holder's installations, and to set the conditions for the concession's suspension, lapse, revision, or revocation by the granting authority.

Loi n° 14/011's remaining provisions on licensing categories and self-production, and Loi n° 11/009 du 9 juillet 2011 portant principes fondamentaux relatifs a la protection de l'environnement, which is understood to require an environmental and social impact study for a project whose scale or effects could harm the environment, were both named as leads for this topic; the Journal Officiel scan of Loi n° 11/009 returned unusable, garbled text, and Loi n° 14/011's own consolidated text (as opposed to the 2018 amendment) was not located, so neither is described as an instrument here beyond what is stated above.