SUMMARY OF THE COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE DRC AND THE UNITED ARAB EMIRATES
1. PURPOSE OF THE GLOBAL ECONOMIC PARTNERSHIP AGREEMENT (APEG)
This Agreement is part of a logic of economic diplomacy and promotion of interests
strategies of the DRC. Its purpose is to create a stable, predictable and
mutually beneficial to intensify trade in goods and services, attract more
direct investments, promote technology transfer and support transformation
structural of the Congolese economy.
2. GENERAL ECONOMY OF THE AGREEMENT
The Agreement is a broad economic partnership instrument that goes beyond simple reduction
tariff. It covers trade in goods, trade in services,
investment, trade facilitation, customs cooperation, trade
digital, public procurement, intellectual property, MSMEs, cooperation
economic and development, dispute resolution, exceptions and
administration of the agreement. Its architecture is based on a Joint Committee and subcommittees
technical staff responsible for monitoring implementation, handling difficulties and
the gradual adaptation of the partnership.
On the economic level, the agreement reflects the desire of the two States to maintain their relations
commercial at a higher level, with a stated political objective of increasing power
bilateral trade in the medium term. Over the period 2021-2023, the DRC exported to
United Arab Emirates respectively USD 1,304,925,000, USD 1,368,188,000 and USD 1,059
167,000, while its imports from the United Arab Emirates reached USD 596,612
000, USD 2,057,262,000 and USD 3,030,069,000. The trade balance thus increased from
surplus of USD 708,313,000 in 2021 to deficits of USD 689,074,000 in 2022 and of USD
1,970,902,000 in 2023, representing an average deficit of USD 650,554,333 over three years. These figures
confirm that this Agreement should not be presented as an abstract promise of
automatic gains, but as an instrument intended to restructure, secure and diversify
a trade that is still concentrated and unbalanced. It is presented as a lever for
diversification of Congolese exports, formalization of trade flows and
mobilization of Emirati capital in productive sectors.
3. CONTENT OF THE AGREEMENT
Chapter I Initial provisions and general definition
This chapter creates the Partnership Agreement, sets its objectives, defines the main
terms, specifies the geographical scope of the Agreement, establishes obligations of
transparency and protection of confidential information.
Chapter II Trade in goods
This chapter organizes the tariff and non-tariff liberalization of goods between
the DRC and the United Arab Emirates.
Chapter III Rules of origin
This chapter defines the conditions and procedures allowing a property to be qualified as
originating from the DRC or the UAE and to prove their origin in order to benefit from the
tariff preferences provided for by the Agreement.
Chapter IV Customs procedures and trade facilitation
This chapter aims to facilitate the customs clearance of goods between the DRC and the
UAE by making customs procedures more transparent, electronic based
on risk management and post-clearance audit, with advance rulings,
rapid release, supervised sanctions regime, appeal mechanisms and cooperation
reinforced customs, in compliance with the WTO Agreement on Trade Facilitation
exchanges.
Chapter V Sanitary and phytosanitary measures (SPS)
This chapter sets SPS rules to protect human, animal and plant health
without unnecessarily slowing down trade, by aligning with the WTO SPS Agreement and
international standards. (Codex, OIE, IPPC).
Chapter VI Technical barriers to trade (OTC)
This chapter aims to facilitate trade by removing technical barriers through
the harmonization of standards, the mutual recognition of procedures
compliance, transparency and institutional cooperation.
Chapter VII Defense measures
This chapter governs the use, between the DRC and the UAE, of defense instruments
trade provisions provided for by the WTO and adds a bilateral safeguard mechanism
allowing, under investigation and strict conditions, to temporarily suspend the
tariff reductions or raising duties on a heavily imported product.
Chapter VIII Facilitation of investment
This chapter establishes the will of the Parties to encourage and facilitate
reciprocal investments based on the Bilateral Investment Agreement
DRC–UAE signed in Dubai on October 12, 2021.
Chapter IX Trade in Services
This chapter establishes a framework for the progressive liberalization of trade in services between
the DRC and the UAE, on the basis of the GATS, via lists of sectoral commitments,
rules for market access, national treatment, recognition of
qualifications and national regulations.
Chapter X Digital Commerce
This chapter frames DRC–UAE digital trade by guaranteeing a
open and secure e-commerce, without customs duties on transmissions
electronic, with recognition of electronic signatures/documents,
consumer and data protection, and controlled freedom of flows
information.
Chapter XI Public Procurement
This chapter establishes a framework for cooperation and transparency in matters of
public procurement, limited to central entities, focused on the exchange of information,
good practices and the use of electronic tools, with points of contact,
consultations and periodic review, without recourse to the settlement mechanism
disputes.
Chapter XII Intellectual property rights
This chapter sets common rules to better protect and enforce rights
of intellectual property between the DRC and the UAE (trademarks, patents, copyright,
etc.), while organizing technical cooperation and confirming that these
protections must remain compatible with public health and health policy.
competition.
Chapter XIII Micro, Small and Medium Enterprises (MSME)
This chapter aims to facilitate the participation of MSMEs and start-ups in the
trade and investment DRC-UAE, by providing for targeted cooperation, a
sharing of information via dedicated platforms.
Chapter XIV Economic and Development Cooperation
This chapter establishes a framework for economic cooperation and development for
support the implementation of the Agreement, through actions to strengthen
capacity and technical assistance in trade and investment,
covering several key sectors
Chapter XV Dispute Resolution
This chapter establishes a procedure for settling disputes between the DRC and the
WATER, based first on consultations, then, in case of failure, on a group
special panel of three experts whose report is binding, with defined deadlines and,
failure to comply, the option to suspend certain benefits of the Agreement.
Chapter XVI Exception
This chapter provides general, security and fiscal exceptions to the Agreement, in
integrating those of GATT and GATS, protecting the essential interests of
security of the Parties and excluding tax measures, with primacy of conventions
tax in the event of a conflict.
Chapter XVII Administration of the Agreement
This chapter sets up a Joint DRC–UAE Committee responsible for piloting the implementation
implementation of the Agreement (monitoring, coordination of subcommittees, proposals for
modification, amicable settlement of disputes) and requires each Party to designate
an official point of contact for all communications related to the Agreement.
Chapter XVIII Final provisions
This chapter integrates the annexes to the text, sets a review every five years, regulates
ratification and entry into force, provides for an indefinite duration with the possibility
of denunciation with six months' notice, and specifies that the versions
English, Arabic and French are authentic, the English prevailing in the event of discrepancy.
4. CONTRIBUTIONS
On the one hand, the agreement meets the sustainable economic development objectives of the DRC.
It encourages technology transfer, capacity building, cooperation
technical and upgrading of logistics and energy infrastructure. He can thus
contribute to increasing local added value, improving productivity, diversifying the base
exporter and to strengthen the integration of the DRC into regional value chains and
global. It also includes a dimension of sectoral cooperation which makes it possible to
supporting social and productive sectors, including agriculture, health, digital,
environment, fishing, tourism and human resources development.
This sectoral approach gives the DRC the possibility of transforming the agreement into an instrument
concrete economic modernization.
On the other hand, market access is improved in a very concrete way by several
mechanisms. First, it provides for a reduction and, for many lines, an elimination
progressive customs duties on products originating from the DRC and the UAE, according to
specific tariff lists. Then, it prohibits or regulates quantitative restrictions,
unjustified non-tariff measures, excessive import licensing practices and
certain administrative barriers, which reduces the real cost of entry into the market. Furthermore,
it facilitates the recognition or equivalence of certain technical, health and safety measures
compliance, which is decisive for agricultural, agri-food, industrial and
transformed. Finally, it designs technical dialogue mechanisms in the subcommittees
to quickly address obstacles that appear in practice.
Concretely, this means that a Congolese exporter is not only helped by a tariff
weaker; it also benefits from a more readable environment for certifying, transporting,
clear customs and sell your product.
5. CONCLUSION
The Comprehensive Economic Partnership Agreement between the DRC and the United Arab Emirates
constitutes a strategic instrument of foreign economic policy. It can become a
powerful lever for growth, investment, employment and diversification of the economy
Congolese, provided it is accompanied by solid internal governance,
effective interministerial coordination and a clear national strategy for promoting
opportunities offered.
