Dollarisation Changes the Arithmetic
The DRC's economy operates substantially in US dollars, a legacy of prolonged monetary instability. Commercial invoices, bank accounts and settlements are commonly denominated in dollars, and the Congolese franc circulates alongside rather than exclusively.
For a foreign supplier this is a significant practical advantage: a settlement can be agreed and paid in dollars without an allocation queue or a conversion discount. The obstacles on a Congolese file lie in geography, institutional capacity and the structure of the mining chains - not in getting value out.
OHADA Applies
The DRC acceded to OHADA, so the uniform acts on commercial law and on simplified recovery and enforcement apply, and the CCJA in Abidjan sits as the supranational court on their interpretation.
The injonction de payer is therefore available for a claim that is certain, liquid and due, alongside conservatory seizure to secure assets in advance. As the largest OHADA member by population and economy, the DRC's accession brought a substantial market into a familiar procedural framework.
Provinces Function Separately in Practice
The country's scale and infrastructure mean that commercial life in Kinshasa, in the Katanga copper belt around Lubumbashi and Kolwezi, and in the eastern provinces operates with limited practical connection. Courts, enforcement officers and counsel are regional.
A creditor pursuing a mining supplier in Kolwezi is engaging a different practical environment from one pursuing an importer in Kinshasa, even though the same law applies. Establishing where the debtor actually operates and holds assets determines where the file should be run.
Mining Supply Chains
Copper and cobalt operations in the south generate the country's largest concentration of commercial credit exposure - equipment, chemicals, fuel, logistics and camp services supplied to contractors serving international operators.
Those chains follow the pattern common to mining economies: payment depends on certification and release upstream, and when an operator defers spending the tiers below stop paying together. Establishing where in the chain the interruption occurred is more informative than the invoice itself.
How Long Does a Congolese Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Chain and location review Where the debtor operates and holds assets | 3–6 weeks | Low |
| Mise en demeure Formal notice in French, negotiation | 3–6 weeks | Low |
| Conservatory seizure Where recovery appears at risk | 1–2 months | Medium |
| Injonction de payer Documentary application to order | 2–5 months | Low |
| Ordinary proceedings Where the debtor opposes | 1–3 years | High |
How Does SXB Global Handle a Congolese Case?
We establish where the debtor actually operates before selecting counsel, because the country functions regionally in practice. Settlement is negotiated in dollars, which removes the constraint that dominates recovery elsewhere in the region and makes a realistic outcome more achievable than the country's reputation suggests. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.