A. Import prohibitions and restrictions and import licensing
3.51.
According to the authorities, products are freely imported into Madagascar, with the exception of certain strategic items that are either prohibited or subject to prior import authorizations.[140] The import of radioactive waste from nuclear power plants; hazardous waste, hazardous substances and materials containing hazardous substances[141] (Table 3.11); pornographic material; counterfeit products[142]; pirated products; and goods bearing false labels of origin is therefore prohibited. Source: Madagascar Trade Information Portal, Prohibited and restricted imports. Viewed at: https://www.pic.commerce.mg/fr/importations-interdites-et-restreintes.
3.52.
Since 2015, Madagascar has used a quota mechanism for the importation of certain products, including foodstuffs. In 2024, the Ministry of Agriculture and Livestock authorized, on an exceptional basis, the importation of 26,000 tonnes of maize for the avian interprofessional organization.[143]
3.53.
Import licences are required for products such as arms, explosives and drugs, as well as diamonds, precious stones, gold and platinum jewellery, and vanilla. Moreover, an import licence is required to import lubricants and special rules apply to imports of leaf tobacco.[144] Certain goods are subject to special importation formalities, such as an import authorization or other mandatory documents, details of which are listed on the customs website.[145]
3.54.
Under multilateral agreements, in particular those on the environment, Madagascar has applied prohibitions and licensing, for example with respect to chlorofluorocarbons (CFCs) since 2005 and plastic bags since February 2015.[146] Under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention), the country has submitted a list of wildlife species (including mammals: all lemurs, whales, dugongs; birds: Malagasy kestrel (Falco newtoni) and Madagascar fish eagle (Ankoay); and flora: Pachypodium (Baobab nain), Aloe (Vahona), Euphorbia (Songosongo) and Orchid (Kisatrasatra)).[147]
B. Export prohibitions and restrictions
3.66.
Madagascar applies measures prohibiting the export of certain products. Decree No. 2012‑1113, adopted in 2012, prohibits the exportation of iron scrap of any kind, aluminium waste and scrap, and copper waste and scrap.[159] Under conservation measures, certain endangered species are export‑prohibited, including rosewood and zebus, as well as the species covered by the CITES Convention (Table 3.13).
3.67.
During the COVID‑19 pandemic, Madagascar introduced temporary prohibitions and restrictions on exports of certain products, such as facemasks, to alleviate domestic shortages in accordance with Article XI of the GATT temporarily authorizing such practices. Sources: Madagascar Trade Information Portal. Viewed at: https://www.pic.commerce.mg/fr/exportations‑prohibees.
3.68.
While Decree No. 2012‑1113 of 2012 (Section 3.2.3.1) and Decree No. 2014‑052 of 2014[160] prohibit exports of certain products, certain provisions provide for the right of seven companies to export them in the form of quotas of between 7 tonnes and 500 tonnes of iron scrap, aluminium waste and copper waste.[161]
3.69.
As one of Madagascar's main sources of exports, the vanilla subsector is consistently covered by quantitative export restrictions. This enables the authorities to exercise sophisticated controls on exports, appropriately manage resources and regulate prices. Currently, Orders Nos. 10857/2020, 12908/2021, 17165/2022 and 15531/2022 all relate to the opening date for the marketing and exportation of cured vanilla for the 2021‑22 season.[162]
3.70.
Exports of certain products are subject to prior licensing or authorization by the relevant entities. The products in question can be viewed on the customs website.[163] Using the MIDAC module a paperless procedure is available for prior authorizations (Section 3.1.1.1).
3.71.
Madagascar regularly sets minimum export prices. Order No. 17165/222[164] sets the minimum export price for vanilla at USD 250 f.o.b./kg for the 2022‑23 season. Note that although such measures are intended to protect producers and generate government revenue, they do appear to be counterproductive in some respects.[165]
