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Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/362/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
No data avaiable
B. Exportación prohibiciones y restricciones
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.
3.43.
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.
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.
3.41.
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).
3.40.
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).
3.39.
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.
3.39.
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.
3.38.
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]
3.37.
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]
3.36.
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).
3.35.
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.
3.88.
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]
3.31.
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.
3.41.
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.
3.40.
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.
3.25.
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.
3.47.
Pursuant to the Memorandum of Understanding (Badagry Memorandum), Beninese customs helps Nigeria to ensure compliance with the export bans in force in Nigeria.
3.46.
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.
3.45.
The export of animals, animal and agricultural products, and plant material require a sanitary/phytosanitary certificate issued by the Ministry responsible for agriculture.
3.44.
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.
3.89.
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).
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