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I. Adoption of a new hydrocarbon regulation
The Democratic Republic of Congo has taken a decisive step in modernising its hydrocarbon sector with the publication of decree 25/14 of 1st April 2025 concerning hydrocarbon regulations. This ambitious text represents far more than a simple regulatory update; it constitutes a genuine strategic roadmap for the development and transformation of the country’s oil and gas sector.
A comprehensive and integrated vision
The new regulation is distinguished by its holistic approach, embracing the entire hydrocarbon value chain, from exploration to distribution. It covers not only technical and economic aspects but also integrates ESG dimensions, namely environmental protection, social development, and governance.
One of the major axes of this regulation is the promotion of local content. The text now requires oil companies to contribute significantly to national economic development, notably through the recruitment and training of Congolese personnel and the development of local service enterprises.
Environment and sustainable development
Environmental protection occupies a central place in this new regulatory framework. Companies are now required to conduct detailed environmental and social impact studies and implement rigorous environmental management plans. The regulation also introduces strict provisions concerning waste management, pollution control, and site rehabilitation.
Innovation in sector governance
The text also innovates in terms of governance. It strengthens monitoring and control mechanisms for oil activities, with the creation of operational committees and transparent procedures for the allocation of exploration and exploitation rights. Taxation is rethought to encourage investment while ensuring fair remuneration for the State.
Focus on liquefied petroleum gas (LPG)
Particular attention is paid to LPG sector development, with detailed provisions on safety, transport, and distribution. This orientation is part of the national strategy to reduce dependence on wood energy and promote more sustainable energy alternatives.
An attractive framework for investments
By simplifying procedures, clarifying rules, and offering long-term visibility, this regulation aims to attract international investments in the hydrocarbon sector. It establishes a balance between protecting national interests and creating an environment conducive to investors.
Conclusion
The new hydrocarbon regulation positions the Democratic Republic of Congo as a modern and responsible actor in the global energy sector. It demonstrates the country’s will to transform its natural resources into a genuine lever for economic and social development.
II. Special rules for subcontracting in the hydrocarbon sector
1st July 2025 marks a significant turning point in the governance of the hydrocarbon sector in the Democratic Republic of Congo. Ministerial order No. M-HYDD/015/ASM/CAB/MIN.HYD/2025 comes to clarify and frame the modalities of service provision and subcontracting, demonstrating the authorities’ intention to professionalise and nationalise this strategic sector.
Principle of national preference
At the heart of this regulatory text lies a clear ambition: to strengthen the participation of Congolese economic actors in a sector traditionally dominated by international operators. Article 4 of the order is particularly revealing of this intention, establishing a principle of national preference for service provisions, with equivalent technical competencies and commercial conditions.
This approach goes beyond mere economic protectionism. It is part of a strategy for developing local skills, with the obligation for non-national service providers to systematically train two Congolese professionals during each contract. An intelligent mechanism that transforms each service provision into an opportunity for knowledge transfer and local human resource development.
Service provider accreditation obligation
The accreditation system put in place represents another innovative aspect of the text. Far from being a simple administrative formality, obtaining service provision accreditation becomes a rigorous process of verifying technical, legal, and financial capabilities. The Administration is given a role as regulator and guarantor of quality interventions in the hydrocarbon sector.
Transparency and monitoring are also at the heart of this new regulatory framework. The obligation for oil companies to annually transmit their recruitment, training, and subcontractor selection plans allows for increased traceability and control.
The accreditation validity period is set at 12 months and renewable. This mechanism encourages continuous skills improvement and allows regular adaptation to sector developments.
Fiscal and customs advantages for service providers
Fiscal and customs advantages, reserved exclusively for accredited service providers, constitute an additional incentive for professionalisation and regulatory compliance.
Conclusion
This text is part of the continuity of reforms undertaken by the Democratic Republic of Congo to modernise its hydrocarbon sector. For sector operators, this order represents both a challenge and an opportunity. A challenge to adapt to a more demanding regulatory framework, an opportunity to contribute to national economic development and position oneself in a changing market.
The effective implementation of these provisions is planned within sixty days following publication. Sector actors are now invited to rethink their strategies and inscribe themselves in this new dynamic of local development and professionalisation.
Our team of lawyers, well-versed in the nuances of hydrocarbon law, is your strategic partner to navigate this new complex regulatory framework. Whether you are an international operator, a local investor, or a service company, we will support you in ensuring compliance, securing your rights, and optimising your opportunities. Contact us today for a personalised analysis and tailored support in this new era of the Congolese energy sector.