The recently approved DRC Constitution (chapter 2, articles 34-40) protects private ownership without discrimination between foreign and domestic investors in property for sale in Congo. It also protects investments against takeover, unless the investment conflicts with some overriding public interest. In this case, there are legal provisions for equitable and appropriate compensation for the parties involved.

The GDRC has restricted one category of small businesses to Congolese nationals. This covers artisanal production sector activities, small public transport firms, small restaurants, and hotels with fewer than ten beds.

With the sponsorship and technical assistance of the WB, a tender board now works under the supervision of the Ministry of Budget. Foreign investors and private domestic companies may bid on public/government contracts on an equal basis with interested public companies. Normally, however, public companies and/or parastatals do not participate in the bidding process, due to the financing guarantees required beforehand.