« Implementation of the Subcontracting Law in the Democratic Republic of Congo: Analysis of the Economic and Legal Rationale »
Day: Thursday, 10 December 2020, 1:30 pm – 2:45 pm Kinshasa time.
Venue: Restaurant & Terrasse Okapi, Pullman Grand Hotel
Moderators: Blaise Mbatshi et Willy Kalengayi
Speakers: Prof. André Nyembwe et M. Ahmed Kalej Nkand, Dg ARSP
CONTEXT
Following the enactment of Law No. 17/001 of 8 February 2017 setting out the rules applicable to subcontracting in the private sector, supplemented by Decree No. 18/018 of 24 May 2018 laying down implementing measures, a framework for the exercise of economic activity intended to partially transfer the wealth created on national territory, but held by foreign investors, was put in place. The Institut Makutano undertook a multidisciplinary prospective analysis of the probable effects of this implementation by examining the legal and economic rationale in relation to technology transfer, financial constraints, the business climate, economic efficiency and regional or international economic cooperation.
This economic and legal analysis draws in particular on the experiences initiated in other countries by integrating a comparative reading grid. It suggests avenues for a legal and institutional refocusing without which the perverse effects of the said implementation could crowd out the expected benefits, at the risk of compromising the much-desired industrial development.1
To discuss this theme, two speakers attended this lunch debate, namely Prof. André Nyembwe and Mr Ahmed Kalej Nkand, Director General of the Authority for the Regulation of Subcontracting in the Private Sector (ARSP).