Consult all legal texts governing public procurement in Congo.
Law no. 9-2022 of March 11, 2022 on preventing and combating corruption and related offences: this law strengthens national mechanisms for preventing and combating corruption, while improving international cooperation. It establishes a comprehensive legal framework including precise definitions (public officials, money laundering, illicit enrichment), preventive measures (declaration of assets, H.A.L.C., codes of conduct), and penal sanctions graduated according to the amounts involved (5 to 10 years' imprisonment for amounts under 10 million FCFA, up to life imprisonment for amounts over 100 million). The law also includes special provisions for the protection of witnesses and whistle-blowers, international cooperation (extradition, mutual legal assistance), and the recovery of illicit assets.
Law no. 31-2012 of October 11, 2012 determining the offenses and penalties applicable to the award and execution of public contracts: this law penalizes violations of the public procurement code. It punishes breaches when awarding public contracts with imprisonment (2 to 5 years) and fines, including the use of influence to favor candidates, over-invoicing, under-invoicing, and fraudulent maneuvers. Penalties are increased for agents vested with public authority or in charge of public service missions. The law also establishes specific procedures for prosecution before the Public Prosecutor's Office, and stipulates that the principal penalties are cumulative and incompressible.
This law defines subcontracting and sets the conditions for its exercise in the Republic of Congo. It specifies that subcontracting is the activity carried out by a subcontracting undertaking on behalf of a principal undertaking, in connection with the latter’s corporate purpose or the performance of a contract. It distinguishes subcontracting from the ordinary provision of services and applies it to all sectors, except where specific legal provisions apply. It lays down the conditions of exercise: freedom throughout the national territory, including maritime areas under Congolese jurisdiction; the requirement for subcontracting undertakings to be duly established in Congo, with a registered office and management on national territory; and a possible derogation where the duration is six months or less or where the activity is intermittent and precarious. The law also provides for priority to be given to companies incorporated under Congolese law, a minimum participation of 30% by nationals in the capital of subcontracting undertakings, a reservation of 50% of subcontracting for nationals in public procurement, and consultation of local authorities. It governs social, tax, customs, commercial and financial matters, including the obligation to make payments through Congolese banks and to take out insurance with companies established in Congo. Finally, it provides for controls and sanctions and repeals, among others, Law No. 13-97 of 17 May 1997.
This decree attaches the Public Procurement Regulatory Authority (ARMP) to the Prime Minister, Head of Government. It repeals all contrary prior provisions and provides for its registration and publication in the Official Journal of the Republic of Congo.
Decree No. 2025-90 of 1 April 2025 amending and supplementing certain provisions of Decree No. 2009-157 of 20 May 2009 on the duties, organization and functioning of the Public Procurement Regulatory Authority.
Decree no. 2024-2072 on the dematerialization of public procurement: this decree sets out the terms and conditions for the dematerialization of public procurement and public service delegation procedures. It establishes an electronic public governance system (e-GP) managed by ARMP, covering the entire procurement cycle from programming to archiving, with mandatory electronic signature, bid encryption and automatic time-stamping. The system is being rolled out in two phases: first between public players, then with the inclusion of candidates, while allowing temporary cohabitation with physical procedures.
This decree amends Articles 3, 5, 7, 8 and 9 of Decree No. 2018-384. It extends the mandate of the Coordination Unit of the Integrated Public Sector Reform Project to the activities of the “Accelerating Institutional Governance and Reforms for Sustainable Service Delivery” program (PAGIR), Investment Project Financing (IPF) component. It specifies its duties: coordination, planning, fiduciary management, procurement, monitoring and evaluation, social and environmental safeguards, reporting, audits, relations with the World Bank, etc. It reorganizes the unit into three cells: administrative, financial and accounting; procurement; and monitoring-evaluation and environmental and social safeguards. It provides for technical and support staff, competitive recruitment through public expression of interest or restricted call, and two-year renewable fixed-term contracts, with annual evaluation that may lead to termination. The decree repeals all contrary prior provisions.
This decree from the Republic of Congo modifies specific provisions of the 2022 decree that reorganized the general delegation for major works. It redefines what qualifies as "major works" by specifying that contracts or public procurement operations for public service delegation by the State or other public or private legal entities are subject to the public procurement code relating to public infrastructure works. The decree clarifies that these provisions apply to public infrastructure works related to national territorial development and equipment, excluding supplies, services, and intellectual services, unless they relate to works contracts exceeding the delegation threshold set by the relevant decree. To fulfill its procurement mission, the general delegation for major works coordinates with public procurement and regulations created within its framework, in accordance with the public procurement code.
This decree from the Republic of Congo modifies Articles 9, 13, 14, 17 and 18 of the 2011 decree that set thresholds for procurement, control and approval of public contracts. It establishes that public contracts below the indicated thresholds are not subject to public procurement code procedures, but must comply with good practice rules including competitive bidding from at least three bidders and a priori control by the general directorate of public procurement control. The decree sets new thresholds for delegating project management to major works authorities, particularly for public infrastructure projects valued above two billion CFA francs. It also specifies the thresholds for a priori control and approval of contracts according to their amount and type (works, supplies, intellectual services). The text finally defines the approval competencies of the President of the Republic, the Prime Minister and the Minister in charge of finance according to the amounts of the contracts concerned.
This decree from the Republic of Congo modifies Article 7 of the 2009 decree that established the procedures for approving public contracts. It establishes a new hierarchy for public contract approval based on their amount and nature. The President of the Republic now approves public contracts according to thresholds set by the decree relating to procurement, control and approval thresholds for public contracts. The Prime Minister approves contracts concluded on behalf of the Prime Minister's Office when their amount corresponds to the Prime Minister's competence thresholds. The minister in charge of planning approves contracts concluded on behalf of the ministry in charge of finance when their amount corresponds to the competence thresholds of the minister in charge of finance.
This decree from the Republic of Congo modifies and supplements specific provisions of the 2009 public procurement code. It introduces new definitions and guiding principles for public procurement, particularly the coordination of contracts and major public infrastructure works. The text clarifies the different types of public contracts (works, supplies, services, intellectual services) and establishes new rules for delegating project management to major works authorities. It strengthens bidders' obligations regarding sustainable development, compliance with collective agreements, and environmental clauses. The decree also updates contract notification procedures and prescription periods, while more clearly defining the relationships between project owners and delegated project owners in the context of public infrastructure projects.
This decree from the Republic of Congo reorganizes and clarifies the functioning of the public procurement management unit. It defines the new responsibilities of this unit, particularly conducting public procurement procedures and contract execution as well as public service delegation. The text establishes the composition and duties of the public procurement commission, led by a qualified responsible person, as well as those of the bid analysis sub-commission. It also details the organization of the permanent secretariat responsible for preparing tender documents and executing administrative tasks. The decree specifies operational procedures, functional incompatibilities, and bid evaluation procedures within the framework of Congolese public procurement regulations.
This decree from the Republic of Congo reorganizes the general delegation for major works created in 2002. It defines "major works" as contracts or public procurement operations by the State or other legal entities whose amount exceeds the project management delegation threshold set by public procurement regulations. The delegation ensures public project management for major works projects and coordinates with relevant ministries on implementation programs, procurement procedures, and public service delegations. It is headed by a general delegate appointed by the Council of Ministers and comprises several coordinations (technical, public procurement, delegation monitoring, administration and finance) as well as a technical committee. The decree specifies the internal organization with different services (direction secretariat, internal audit, information technology) and specialized departments according to intervention domains.
This decree from the Republic of Congo modifies the financial thresholds and control procedures for public contracts. It establishes new amounts for different types of contracts: 1 billion CFA francs for works, 500 million for supplies, and 250 million for intellectual services. The text also defines the required approval levels according to amounts, involving either the President of the Republic (above 2 billion) or the Minister of Finance (below 2 billion). Contracts below 10 million CFA francs are exempt from ministerial approval. This decree aims to improve transparency and control of public procurement in Congo-Brazzaville.
Decree no. 2009-162 on applicable thresholds: this decree sets the thresholds for awarding, controlling and approving public contracts in CFA francs excluding taxes. It was amended in 2011 and 2023 to adjust the thresholds and include the Prime Minister in the approval process.
Decree no. 2009-161 establishing the CGMP: this decree organizes the Public Procurement Management Unit (CGMP) and was amended in 2022. It allows for the delegation of responsibility for public procurement and introduces calls for applications for the recruitment of members of the procurement commission.
Decree no. 2009-160 on the approval of contracts: this decree defines the procedures for the approval of public contracts by different authorities, according to established thresholds. It was amended in 2023 to include the Prime Minister as the competent authority for contract approval.
Decree no. 2009-159 organizing the DGCMP: this decree sets out the powers, organization and operation of the Directorate General for Public Procurement Control (DGCMP). It aims to separate the roles of procurement and control to avoid conflicts of interest, but has not been updated despite recent reforms.
Decree no. 2009-158 organizing the DGGT: this decree amends and supplements previous decrees on the Delegation Générale des Grands Travaux (DGGT). It limits the DGGT's remit to delegated project management of public procurement contracts within defined thresholds, abandoning its original role of awarding contracts.
Decree no. 2009-157 organizing the ARMP: this decree defines the powers, organization and operation of the public procurement regulatory authority (ARMP). It is responsible for monitoring, regulating and settling disputes relating to public procurement. No changes have been made since its adoption.
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Regulation No. 06/09-UEAC-201-CM-20, adopted on 11 December 2009 in Bangui by the CEMAC Council of Ministers, lays down the procedures for the award, execution and settlement of public contracts within CEMAC institutions, organs and specialised institutions. It establishes principles such as free access to public procurement, equal treatment of candidates, mutual recognition, non-discrimination and transparency. It organises the competent actors, procurement methods (open, restricted and two-stage tenders, intellectual services, direct agreement, etc.), publicity and electronic procurement, bid opening and evaluation, award, signature, approval, notification and entry into force of contracts. It also governs contract execution, payment, guarantees, amendments, termination, sanctions, dispute settlement and controls, including those of the Community Court of Accounts. It further provides for a community preference and refers to thresholds set by the Community Financial Regulation.
Regulation No. 06/09-UEAC-201-CM-20, adopted on 11 December 2009 in Bangui by the CEMAC Council of Ministers, lays down the procedures for the award, execution and settlement of public contracts within CEMAC institutions, organs and specialised institutions. It establishes principles such as free access to public procurement, equal treatment of candidates, mutual recognition, non-discrimination and transparency. It organises the competent actors, procurement methods (open, restricted and two-stage tenders, intellectual services, direct agreement, etc.), publicity and electronic procurement, bid opening and evaluation, award, signature, approval, notification and entry into force of contracts. It also governs contract execution, payment, guarantees, amendments, termination, sanctions, dispute settlement and controls, including those of the Community Court of Accounts. It further provides for a community preference and refers to thresholds set by the Community Financial Regulation.
The World Bank’s Procurement Regulations for IPF Borrowers, Sixth Edition, February 2025, in force from 1 March 2025, governs procurement of goods, works, non-consulting services, and consulting services in Investment Project Financing (IPF) operations. It replaces the earlier editions of July 2016, November 2017, July 2018, November 2020, and September 2023. The Regulations aim to help Borrowers obtain value for money with integrity in support of sustainable development. They are guided by seven fundamental principles: value for money, economy, integrity, fit for purpose, efficiency, transparency, and fairness. The Regulations apply to procurement under IPF operations financed in whole or in part by the Bank, as provided in the Legal Agreement. They do not apply to procurement under Bank guarantees or to loans to private borrowers through eligible financial intermediaries. Alternative procurement arrangements are allowed, including reliance on another multilateral or bilateral institution’s rules, or on the Borrower’s own rules, subject to Bank acceptance. Governance is based on a clear allocation of roles: the Borrower is responsible for planning, preparing, soliciting, evaluating, awarding, and managing procurement; the Bank provides risk-based oversight through prior review, post review, independent reviews, and direct implementation support. The Regulations require a Project Procurement Strategy for Development (PPSD) and a Procurement Plan. For contracts with international competitive procurement estimated at US$10 million or more, early market engagement is required. The text covers advertising, General and Specific Procurement Notices, standard procurement documents, technical specifications, brand names, contract types, Incoterms, clarifications, addenda, bid securities, preparation periods, bid opening, evaluation criteria, domestic preference, currencies, price adjustment, rejection of bids, abnormally low bids, most advantageous offer, notification of intention to award, standstill period, debriefing, award notice, contract management, and records. For goods, works, and non-consulting services, the approved selection methods are Request for Bids, Request for Proposals, Request for Quotations, and Direct Selection. For consulting services, they are Quality- and Cost-Based Selection, Quality-Based Selection, Selection under a Fixed Budget, Least-Cost Selection, Consultant’s Qualification Selection, and Direct Selection. Special modalities include Competitive Dialogue, Public-Private Partnerships, Commercial Practices, UN Agencies, Reverse Electronic Auctions, Import Programs, Commodities, Community-Driven Development, Force Account, Framework Agreements, and Performance-Based Contracts. The annexes provide detailed guidance on value for money, procurement review, complaints, fraud and corruption, PPSD, domestic preference, sustainable procurement, contract types, contract conditions, evaluation criteria, contract management, selection methods, competitive dialogue, PPPs, and framework agreements. The Regulations are designed to be practical and adaptable, allowing Borrowers to choose the best procurement approach for each situation while ensuring integrity, competition, and value for money. They are complemented by standard procurement documents, guides, training materials, and online resources available from the World Bank. The Sixth Edition reflects continued modernization and responsiveness to operational needs, risk management, and sustainable development objectives.
The United Nations Convention against Corruption (UNCAC), adopted by General Assembly resolution 58/4 of 31 October 2003, opened for signature in Mérida, Mexico, from 9 to 11 December 2003, and published in 2004, is the first global legally binding anti-corruption instrument. It entered into force on 14 December 2005. Its purposes are to promote and strengthen measures to prevent and combat corruption more efficiently and effectively; to promote, facilitate, and support international cooperation and technical assistance in preventing and fighting corruption, including asset recovery; and to promote integrity, accountability, and proper management of public affairs and public property. The preamble recognizes that corruption is no longer a local matter but a transnational phenomenon affecting all societies and economies, undermining democracy, the rule of law, human rights, markets, quality of life, and sustainable development. It also stresses the links between corruption and organized crime, economic crime, and money laundering. The Convention has eight chapters. Chapter I contains general provisions: purpose, terminology (public official, foreign public official, official of a public international organization, property, proceeds of crime, freezing, seizure, confiscation, predicate offence, controlled delivery), scope of application, and protection of sovereignty. Chapter II sets out preventive measures: anti-corruption policies and practices; anti-corruption body or bodies; public sector recruitment and promotion based on merit, transparency, and objective criteria; codes of conduct for public officials; public procurement and public finance management based on transparency, competition, and objective criteria; public reporting; measures concerning the judiciary and prosecution services; private sector anti-corruption measures, accounting and auditing standards, and prohibition of off-book accounts; participation of society, including civil society, NGOs, and community groups; and prevention of money laundering. Chapter III deals with criminalization, detection, and law enforcement. It requires States to criminalize bribery of national public officials, bribery of foreign public officials and officials of public international organizations, embezzlement, trading in influence, abuse of functions, illicit enrichment (subject to constitutional principles), bribery and embezzlement in the private sector, money laundering, concealment, and obstruction of justice. It also addresses corporate liability, participation and attempt, knowledge and intent, statutes of limitations, prosecution, adjudication, and sanctions, freezing, seizure, and confiscation, protection of witnesses, experts, victims, and whistleblowers, consequences of corruption, compensation for damage, specialized authorities, cooperation with law enforcement, cooperation between national authorities and the private sector, bank secrecy, criminal records, and jurisdiction. Chapter IV governs international cooperation: extradition, transfer of sentenced persons, mutual legal assistance, transfer of criminal proceedings, law enforcement cooperation, joint investigations, and special investigative techniques. Chapter V is dedicated to asset recovery, a fundamental principle of the Convention. It covers prevention and detection of transfers of proceeds of crime, measures for direct recovery of property, mechanisms for recovery through international cooperation in confiscation, international cooperation for purposes of confiscation, special cooperation, return and disposal of assets, and financial intelligence units. Chapter VI addresses technical assistance and information exchange: training and technical assistance, collection, exchange, and analysis of corruption information, and other measures through economic development and technical assistance. Chapter VII establishes the Conference of the States Parties and the secretariat. Chapter VIII contains final provisions: implementation, settlement of disputes, signature, ratification, acceptance, approval, and accession, entry into force, amendment, denunciation, and depositary and languages. UNCAC is a comprehensive framework for preventing corruption, criminalizing conduct, enhancing international cooperation, and recovering stolen assets.
The Code of Transparency and Good Governance in Public Finance Management of the Central African Economic and Monetary Community (CEMAC) is established by Directive No. 6/11-UEAC-190-CM-22, adopted in Brazzaville on 19 December 2011. It is based on the 1994 Treaty establishing CEMAC, its 1996 and 2007 additions, and the Convention governing the Central African Economic Union (UEAC), particularly Article 54, which requires harmonization of budget legislation, national accounts, and macroeconomic data. The Code defines the principles and obligations that Member States must respect in their legislation and practice for the management of State funds, other public administrations, and external assistance from international institutions or foreign States. The Directive provides for the later adoption of directives on finance laws, the general regulation on public accounting, the State chart of accounts, the State budget nomenclature, and the State financial operations table. All subsequent CEMAC directives and national legislation directly or indirectly affecting public finance management must comply with the Code. The Code has eight sections. Section I covers legality and publicity of public financial operations: rules on the base, rate, and collection of taxes are set by the finance law; tax texts must be readable; no public expenditure may be committed or paid unless previously defined in a duly published legislative or regulatory text and authorized by a finance law; rules and criteria for aid, subsidies, and transfers to private persons must be explicit and public; public procurement and public service delegation must comply with the Code and internationally recognized standards; sales of public assets, contracts with public or private firms, concessions, and public-private partnerships must be clear, publicly available, and controlled by the Court of Accounts and competent parliamentary committees. Section II addresses the powers and responsibilities of institutions: clear allocation of competences, charges, and public resources among levels of administration; clear roles of Government and Parliament; annual budget calendar; publication of a report on economic assumptions, medium-term budget orientations and priorities, main tax choices, and budget risks; parliamentary debate; clear roles within Government; budgets of constitutional bodies managed under the same transparency rules; clearly identified courts for tax, expenditure, procurement, and public service disputes. Section III defines the economic framework: the State budget must fit into a medium-term macroeconomic, financial, and budgetary framework covering the coming year and at least two following years; assumptions and expected external assistance must be explained and compared with independent projections; consistency with CEMAC treaty commitments; presentation of the budget balance and consolidated general government balance; publication of detailed information on internal and external debt, financial assets, main financial obligations, pensions, guarantees, and natural resource assets. Section IV governs budget preparation and presentation: annual budgets must be realistic and sincere; budget risks must be identified and assessed; budgets must be exhaustive; no revenue may be earmarked except for a real economic link or donor requirement; financial data presented on a gross basis; operating and investment expenditures united in one budget; comparable information on previous year execution; description of main revenue and expenditure measures; stable and clear nomenclature; comparison of results and objectives; detailed presentation of all revenue sources, tax exemptions, loans, advances, and guarantees; justification of significant deviations. Section V covers implementation of revenues and expenditures: mid-year budget changes in the same form as the initial budget; periodic public execution reports; clear stages without confusion or duplication; tax disputes handled within reasonable time; accounting in line with international standards. Section VI organizes control: democratic, judicial, and administrative control; external control by an independent Court of Accounts, mandatory in each Member State; publication of reports and decisions; follow-up of recommendations; clear responsibilities and sanctions. Section VII concerns public information: exhaustive information on past, present, and future; legal obligation to publish; announced and respected calendar; public information on budget stages; clear budget guide; publication on institutional websites. Section VIII addresses integrity of actors: asset declarations at beginning and end of mandate; code of ethics; sanctions for illicit enrichment; disciplinary rules; mandatory reporting; recruitment based on competence; protection of tax, customs, and financial administrations from partisan influence. The Code aims to strengthen transparency, accountability, and sound management of public funds in CEMAC.
The Uniform Act Organizing Securities, adopted on 15 December 2010 in Lomé and published in the OHADA Official Journal on 15 February 2011, is the reference instrument on guarantees and security interests within the OHADA area. It repeals the 1997 Uniform Act on the same subject and applies only to securities granted or created after its entry into force. A security is defined as the allocation of an asset, a set of assets, or a patrimony to secure the performance of one or more obligations, regardless of their legal nature. The obligations may be present or future, determined or determinable, conditional or unconditional, and their amount may be fixed or fluctuating. Unless otherwise provided, securities governed by the Act are accessory to the obligation they secure. The Act distinguishes personal securities from real securities. Personal securities are the suretyship and the autonomous guarantee. Real securities consist either of the creditor’s right to be paid preferentially out of the proceeds of a charged asset, or of the right to recover free disposal of an asset owned as security. Real securities may be granted by the debtor or by a third party. The Act also creates the “security agent”, a financial institution or credit establishment acting in its own name on behalf of creditors to create, register, manage, and enforce securities. The instrument designating the agent must state, on pain of nullity, the secured obligations, the identity of the creditors, the identity and registered office of the agent, the duration of its mission, the extent of its powers, and how it reports to creditors. Title I governs personal securities. The suretyship is a contract by which the surety undertakes to perform an obligation if the debtor does not. It is not presumed and must be evidenced in writing with the surety’s handwritten statement of the maximum guaranteed sum. It is deemed joint and several unless otherwise provided. The Act regulates formation, modalities, effects, extinction, recourse, benefit of discussion and division, and the creditor’s duty to inform the surety. The autonomous guarantee and counter-guarantee are independent undertakings, prohibited for natural persons, and must be in writing with mandatory particulars. Title II governs movable securities: registration in the Trade and Personal Property Credit Register; right of retention; retention or transfer of ownership as security; reservation of ownership; assignment of claims as security; fiduciary transfer of a sum of money; pledge of tangible movables; pledge of stocks; pledge of incorporeal movables, including claims, bank accounts, shares, securities, financial securities accounts, intellectual property rights, and business goodwill; and privileges. Title III governs mortgages, whether legal, contractual, or judicial, including registration, effects, right of pursuit and preference, discharge, and cancellation. Title IV sets out the distribution of proceeds and ranking of securities. Title V contains transitional and final provisions. The Act aims to harmonize security law, strengthen credit protection, and facilitate investment across OHADA Member States.
