Niger Member profile
No notifications submitted by Niger
Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/362/Rev.1
A. Import prohibitions and restrictions and import licensing
3.27.
Niger applies the WAEMU community regulations imposing bans on import, export, storage and transit with a view to protecting the health and safety of the population and the environment (common report, section 3.1.8). Prohibitions and licensing also apply under multilateral agreements, including the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)[43]; and the Montreal Protocol on substances that deplete the ozone layer.[44] The import (as well as the possession, transport, sale or exchange) of arms and ammunition[45] requires an authorization from the Ministry responsible for the interior. The import of explosive substances for use in mines, quarries and public works, as well as in agriculture, must receive prior authorization from the Minister responsible for mining.[46]
3.30.
Some goods can only be imported by authorized importers because of their particular and/or strategic nature or to ensure adequate supplies on the domestic market and guarantee their quality. They include in particular: narcotics, psychotropic substances; laboratory reagents; edible plant products; pharmaceuticals; medical equipment; explosives; toxic and corrosive products; products subject to spontaneous combustion; inflammable products and fuels (section 4); fertilizer; cement; radioactive products; and liquids with a flashpoint.
3.31.
In 2009, Benin imposed temporary bans on imports by road or river, even from WAEMU member countries, for some fast‑moving consumer products (Table 3.3). In addition, frozen foodstuffs of animal origin not of ECOWAS origin can only be imported through the autonomous port of Cotonou or Cotonou's international airport.[24] According to the authorities, the majority of these measures are to protect human health by preventing the introduction of tainted food products through land borders where controls are less strict.
3.32.
The import and transit of bovine meat and its by‑products from any origin has required prior authorization from the Livestock Directorate since 2009.[25]
3.19.
The import prohibitions and restrictions imposed by WAEMU member States must in principle be consistent with WAEMU rules (common report, section 3.1.8). Burkina Faso has notified the WTO that it does not maintain quantitative restrictions[21], and it has replied to the questionnaire on import licensing procedures.[22] The special import authorization (ASI) scheme, however, is similar to a non‑automatic import licensing scheme for some products and also applies to imports from other member States (Table 3.2).
3.20.
Furthermore, explosives, arms, civilian ammunition, military effects, appliances using freon, sugar and animal products can be imported only with an ASI. Approved products originating in WAEMU and ECOWAS are not subject to this requirement, with the exception of arms.[23] The ASI for sugar is signed by the Minister responsible for trade and is granted pro rata to applications by operators, taking into account estimated domestic production, in combination with a system for administering the latter. According to the authorities, the purpose of the ASI regime is to control imports of "highly sensitive" goods and/or observance of the Government's international commitments.
3.30.
Since 1993, Cte d'Ivoire has applied two derogations from the free importation regime, namely: the approval regime and the limitation regime (Table 3.4). These measures apply irrespective of the products' origin, including for community products.
3.31.
The approval regime applies to products whose importation is subject to prior authorization by a line ministry for sanitary and phytosanitary reasons, reasons of morality, or reasons of public order and security; and to products whose importation is subject to an authorization issued by an Interministerial Approval Committee[53]: meat and offal, poultry, dairy products, fish, eggs in the shell. Thus, for instance, only some ten companies were authorized by the Committee to import dairy products into Cte d'Ivoire in 2016.[54]
3.32.
The limitation regime includes prohibitions and quantitative restrictions; for the latter, the importer is required to apply to the Ministry of Trade for a licence if the f.o.b. value of the goods is CFAF 25,000 or higher.[55]
3.33.
In November 2016, the Government prohibited the sale (and import) of alcohol in plastic bags, on account of failure to comply with alcohol strength standards. In general, any manufacturer or trademark owner wishing to sell alcoholic beverages with a strength of over 20%/vol. (tariff headings 22.08 and 22.09) in Cte d'Ivoire must obtain prior approval from the Ministry of the Economy and Finance. The manufacturer is required to: restrict the sale of products labelled Vente en Cte d'Ivoire ("For sale in Cte d'Ivoire") to approved importers resident in Cte d'Ivoire; communicate to the Director of Customs the updated list of these importers and the brands imported by each of them; and indicate every year (by importer and by product) the quantities delivered with and without the Vente en Cte d'Ivoire label.[56]
3.22.
Apart from the registration formalities to be completed in order to engage in any commercial activity (section 3.1.1), control measures apply, in principle, to imports of certain products for security reasons, to protect public health and morality or because of their strategic nature (Table 3.5).
3.23.
The following may still not be imported: alcoholic beverages with an alcoholic strength of more than 60o; distilled beverages containing harmful essences or chemicals (absinthe, benzoic aldehyde, salicylic esters, hyssop, etc.); drugs and narcotics; packaging of tin containing products other than mineral oils; medicines and foods harmful to health; counterfeit goods; foodstuffs containing saccharin; and animals, animal products, plants and plant material from infected areas.
3.28.
Mali has regularly notified its import licensing regime to the WTO since 2012 and the latest notification shows that there was no change during the review period. The regime continues to be applied in accordance with the provisions of Decree No. 00‑505/P‑RM of 16 October 2000 and its implementing Order No. 09‑788 of 7 April 2009. The notification also shows that Mali does not apply a licensing system aimed at managing the qualities and value of products imported. Nonetheless, a DDU is required for all imports and, according to the authorities, is only used for statistical purposes.
3.29.
Interministerial Order No. 2015‑1535/MCI/MEF‑SG of 5 June 2015 establishes two prohibition regimes absolute and restrictive prohibition (Table 3.2). Fresh poultry and bovine meat may not be imported. The DGCC is the authority responsible for this regime.
3.29.
As a signatory to the Montreal Protocol, Benin undertook to ban the production and import of chlorofluorocarbons as of January 2010 and in 2010 a draft law was being prepared for this purpose.
3.28.
Since 1997, a declaration has been required for the import, export or international transfer of cultural goods.[47] The import and transit of industrial or nuclear waste have been banned since 1989.[48] Furthermore, all imports or exports of grains or forest plant material require prior authorization from the Minister responsible for forestry.[49] For the sale of pharmaceuticals, an marketing authorization from the Ministry responsible for health is imposed by the pharmaceutical legislation of 1997, in accordance with an approval process; importers of medicines must be approved and present this authorization. Lastly, the import and export of gold requires prior authorization from the Minister responsible for finance and the Ministry responsible for mining.
3.29.
The quota scheme for commercial imports and the re‑export of wheat flour, introduced in 2005, was suspended in 2012.[50] Entitlement to the quota required the compulsory purchase of locally produced wheat flour from the sole producer, Moulins du Sahel, at the rate of 10% of the volume to be imported.[51] Since July 2014, flour has been subject to a minimum customs value of CFAF 350,000 (534) per tonne. A similar purchasing scheme still applies to rice. An authorization to import a given quantity of rice is subject to proof of purchase of locally produced rice at the rate of 3% of the volume to be imported.
3.30.
According to Niger's sole notification to the WTO Committee on Import Licensing in 1998[52], only hydrocarbons (except for butane gas) are subject to import licences issued by the Ministry responsible for trade.[53] Only persons approved by the Minister responsible for trade may trade in or possess hydrocarbons. There are two forms of import licence, which has to be obtained for every import transaction: a licence without purchase of foreign currency and a licence with purchase of foreign currency.
3.31.
The production, import, and sale of bags and wrapping made of low density flexible plastic have been banned since 2015, but this measure is apparently not applied.[54] The recent ban on importing analogue television sets and decoders not consistent with the standards authorized for terrestrial digital television does not appear to be applied either.[55]
3.26.
Senegal has notified the WTO that it does not have an import licensing regime.[50] In addition to the import prohibitions decided at the community level or under multilateral agreements it has signed (common report, section 3.1.6), Senegal applies prohibitions, inter alia, for reasons of public order, security or morality; to protect the life or health of persons and animals; to protect the environment; and to safeguard competition. For example, drugs and narcotic substances, pornographic publications, hallucinogenic products and filament lamps[51] cannot be imported. For environmental reasons, used bicycles and motorized bicycles of a cylinder capacity not exceeding 50 cc, used vehicles over a certain age[52], plastic bags with handles of a thickness not exceeding 30 microns[53] are banned. There are still bans on imports for sanitary or phytosanitary reasons (section 3.3.4).
3.27.
Some products may be the subject of temporary import restrictions for economic reasons, as was the case for sugar in 2013. The same applies to some seasonal products such as carrots, potatoes and onions, which may be subject to an import freeze depending on the time of year. According to the authorities, the purpose of these measures is to ensure that domestic production can be marketed satisfactorily. The import freeze generally occurs from January to June for potatoes and from January to August for onions.
3.28.
Approval or authorization has to be obtained to import some products (Table 3.2). For example, the import of foodstuffs requires an import declaration for food products (section 3.3.4).
3.29.
Senegal has ratified the Montreal Protocol on ozone‑depleting substances. Import of such substances and equipment containing them is either banned (list I in the annexes to the Montreal Protocol) or subject to prior authorization (list II).[54] In the latter case, a quota is distributed among the major importers taking into account their performance record. Senegal should achieve total elimination of these substances by 2030.
3.30.
Pursuant to the Public Health Code, the import of pharmaceuticals requires endorsement from the Ministry responsible for health. Only persons exercising the profession of pharmacist may import them. Some medicines can only be imported by the National Supply Pharmacy, which is also the main supplier for most public health facilities.
3.25.
Pursuant to the Customs Code, Togo may impose import prohibitions and restrictions for the following reasons in particular: security or public morals; protection of health or the life of persons or animals; environmental conservation; protection of national treasures; protection of intellectual property; and protection of consumers. In this connection, the authorities have indicated that there is a ban on the import of turkey rumps for public health reasons; and on frozen beef in order to protect the population against mad cow disease, as Togo does not have any laboratories to carry out the necessary analyses.
3.26.
Bans or restrictions may also be imposed pursuant to community regulations or international conventions to which Togo is party (common report, section 3.1.6). In its notification to the WTO, Togo indicated that import licensing had been eliminated in 1995.[46]
3.27.
The import, export or transit of plastic bags and wrapping requires approval by the Ministry responsible for trade.[47] A biodegradability certificate is required for bags or wrapping to be sold on the domestic market.
3.76.
The WAEMU Treaty provides for the gradual elimination of quantitative restrictions on intra‑community trade, but there is no implementing text for this purpose. Likewise, there is not yet any framework governing the application of such restrictions on trade with third countries. Member States, therefore, continue to restrict certain imports individually, sometimes in contradiction with the Treaty (see Annexes by country).
3.77.
The CCC prohibits the import of any foreign product bearing a counterfeit trademark or indication of origin (section 3.3.4). The other community prohibitions currently in force concern goods banned from transit[83] and goods permanently banned from warehousing.[84] In principle, the procedures for importing ozone‑depleting substances, veterinary medicines and pharmaceuticals for human use have also been harmonized (section 3.3.1).
3.78.
The list of goods banned from transit includes, inter alia, arms and dual use products such as explosive powders and substances; pyrotechnic articles (firecrackers, waxed fuses, rockets, hail rockets and the like); military weapons, parts and ammunition; cutlasses, swords, bayonets, parts thereof and scabbards and sheaths therefor; projectiles, mines and parts thereof; revolvers and pistols; hunting shotguns, hunting or target shooting rifles, and ammunition therefor; and narcotic drugs and psychotropic substances. Also banned are pornographic writings, publications, drawings, posters, engravings, paintings, photographs, snapshots, dies, and reproductions and all objects contrary to decency or liable to disturb public order; tainted products; and counterfeit or pirated goods. A member State's competent authority may, however, grant special authorization for transit.
3.79.
The permanent ban on warehousing concerns tainted products and counterfeit or pirated goods or those bearing false indications of origin, as well as goods whose release for home use or export is totally banned for reasons of health, safety, good order and morals, protection of the environment, national treasures and intellectual property, and consumer protection.
3.80.
Since July 2005, a WAEMU regulation has prohibited the import and production of ozone‑depleting substances on WAEMU territory.[85] Such substances may, however, be imported with an authorization from the Minister responsible for trade in the country of final destination, subject to a favourable opinion from the Minister responsible for the environment. The determination of the related quotas and their allocation to importers are the responsibility of member States. This regulation is not, however, applied by all member States. The community framework further provides for the registration of importers and distributors of ozone‑depleting substances by national offices, as well as the establishment of a community ozone committee (CCO), responsible for ensuring the implementation of the Montreal Protocol on these substances, but whose creation is taking time.
3.28.
Pursuant to the Customs Code, the list of prohibited goods is determined according to the regulations of the WAEMU Council of Ministers (common report, section 3.2.3). Consequently, pursuant to WAEMU regulations, the Ministries responsible for the environment and trade each year establish the import quota for ozone‑depleting substances after consulting the branch's operators. A special authorization from the Directorate of Foreign Trade, valid for six months, is required to import such substances.[23]
B. Export prohibitions and restrictions
3.38.
As part of the measures taken to ensure food security, since 2005, the export and re‑export of millet, sorghum, maize, cassava flour and cattle feed have been banned.[61] Likewise, the re‑export of milled rice has also been prohibited since 2005.[62]
3.89.
There are no explicit community prohibitions on export or re‑export or any relevant community policy, as is the case for import prohibitions and licensing. Only exports of gold, diamonds and other precious metals require prior authorization from the Minister for Finance under the BCEAO community regulations (section 1), unless the articles only contain a small quantity of metal, weigh less than 500 g. or comprise a maximum of ten gold pieces. All member States have individually acceded to the CITES Convention (section 3.3.3).
3.44.
In order to protect natural resources, Benin bans the export of unprocessed teak wood and charcoal. Export bans also apply to cotton seed and food crops.
3.45.
The export of animals, animal and agricultural products, and plant material require a sanitary/phytosanitary certificate issued by the Ministry responsible for agriculture.
3.46.
The export of precious metals requires approval from the Minister of Finance, unless the articles only contain a small quantity of metal, weigh less than 500 g or comprise a maximum of ten gold pieces or are exported by the Treasury or the BCEAO.
3.47.
Pursuant to the Memorandum of Understanding (Badagry Memorandum), Beninese customs helps Nigeria to ensure compliance with the export bans in force in Nigeria.
3.25.
The export of young animals (donors and females) is prohibited. In August 2016, the Government adopted a decree banning the export of donkeys, horses, camels and their products. The export of charcoal has been suspended since 2004. Ivory and gold require a special export authorization (ASE); the Ministry of Tourism has to authorize the export of articles belonging to the cultural heritage. Live wild animal species, together with all hunting trophies, and wildlife products, also require certificates for any form of export and, where applicable, a CITES permit.
3.40.
The law provides for three export regimes, namely: free trading; prior authorization; and prohibition (Table 3.6). In addition, in principle Cte d'Ivoire applies the WAEMU community rules aimed at progressively eliminating quantitative restrictions imposed on community trade.
3.41.
Exceptions to the community regime remain. For example, exports by land to other WAEMU member States of all products subject to export taxes are prohibited by Cte d'Ivoire, there being no way of verifying that export duties and taxes have been paid. Similarly, international transit to neighbouring coastal countries is prohibited.
3.31.
In general, Guinea‑Bissau prohibits the export of wood in logs felled in dubious circumstances in order to combat the illegal and abusive felling of forests. An exception was made in 2015, however, for a stock of 83,000m3 of wood already felled.
3.32.
In principle, cashew nuts can only be exported by sea through the port of Bissau. In practice, however, large volumes are exported informally to neighbouring countries. Exports of raw cashew nuts must be accompanied by a certificate indicating their weight and, since 2014, by a quality certificate (percentage of humidity and calibration). Quality is certified by the Guinea‑Bissau National Cashew Agency (ANCA‑GB) against payment of CFAF 3/kg.[19] Special marking must be placed on the packaging of cashew nuts for export indicating the year of their harvest and the origin as Guinea‑Bissau.
3.35.
Interministerial Order No. 2015‑1535/MCI/MEF‑SG of 5 June 2015 determining the list of products banned from import also applies to exports. According to the regulations, the absolute prohibition regime applies to exports of young male bovine animals less than five years old and breeding female animals less than ten years old, unless authorized by special agreements between Mali and third countries which seek to establish breeding herds. Absolute prohibitions also apply to exports of timber, building wood, firewood, bamboo, raffia in the raw state and charcoal.
3.36.
The restrictive prohibition regime applies to: (a) exports of meat and live animals (requiring a health certificate or animal health certificate issued by the Ministry responsible for livestock); (b) game (CITES‑compliant permit or certificate issued by the competent technical services); (c) plants (phytosanitary certificate issued by the competent technical services); and (d) works of art (authorization from the Ministry responsible for the arts and culture).
3.37.
In principle, Niger applies export prohibitions on a certain number of products, and is party to several international agreements providing for export prohibitions (common report, section 3.2). The export of seed cotton has been banned since 1998 in order to guarantee the development of the cotton subsector.[59] A ban on the export of donkeys and asses has also been in force in principle since July 2016 (section 4.1).[60]
3.88.
Articles 77 and 78 of the WAEMU Treaty recommend that member States abstain from introducing new quantitative restrictions on exports among themselves or making quotas, standards or other provisions with equivalent effect more restrictive.[89] Nevertheless, export restrictions, particularly seasonal restrictions, are still to be found in intra‑ and extra‑community trade.[90]
3.39.
The re‑export of tobacco and cigarettes requires approval from the Ministry responsible for trade.[63] An export licence is still in effect, but currently only applies to hydrocarbons produced by Soraz (premium petrol, gas oil, and liquefied petroleum gas) in order to ensure national self‑sufficiency in these products. The licence is valid for three months, with the option of renewing it twice for equal periods. The form costs CFAF 5,000 and comprises nine sheets, on each of which a fiscal stamp of CFAF 3,000 has to be affixed.
3.39.
Senegal imposes prohibitions and controls on the export of some products pursuant to the community provisions (common report, section 3.2.3), and to multilateral agreements it has signed. The export of scrap metal and ferrous by‑products has been banned since May 2013.[58] This measure is intended to guarantee supplies of scrap metal for domestic industry. Following the inclusion of Pterocarpus erinaceus in Appendix II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)[59] in 2017, trade in this wood now requires a permit from the environment authorities.
3.40.
The export of some goods requires authorization from the competent authorities. This applies to gold (Ministry responsible for finance); groundnut seeds[60] (Ministry responsible for trade); hides and skins (Ministry responsible for livestock); and petroleum products (Ministry responsible for energy).
3.41.
Togo imposes prohibitions and restrictions on exports for a number of reasons. It bans the export of wood logs, firewood and charcoal to protect the environment. The export authorization and licence regime mostly applies to food products (Table 3.2).
3.42.
Any export (or commercial sale) of precious mineral substances requires an authorization from the Ministry responsible for mining. The economic operator must provide a bank guarantee of CFAF 20 million.[50] The export of rough diamonds is subject to the Kimberley Process certification scheme.
3.43.
The export of some food products is regulated for food security reasons. For example, the export of cereals requires permission to export given by the Togo National Food Security Agency (ANSAT). The exporter must provide the Plant Protection Directorate with a sample of the product for phytosanitary control. The control fees depend on the nature of the product inspected and the volume intended for export. For maize, they amount to CFAF 1,000/tonne.
WTO's environmental database (EDB)
The EDB contains environment-related measures that may qualify as QRs and therefore should be notified under the QR Decision.