ࡱ> q ^$bjbjt+t+ fAA*]xxxl$""""Pr4"@5,:      5555555$l6`8+5     +5     5"" 5M/5 j|n~X""(4,institutional framework of the foreign trade regime overview Since 1994, when Senegal first appeared before the Trade Policy Review Body (TPRB), it has undertaken large-scale restructuring of its economic policy in order to lay down the basis for more dynamic and lasting economic growth following the devaluation of the CFA franc in 1994 (ChapterI(i)). One of the key components of the post-devaluation programme has been the trade liberalization policy pursued by the West African Economic and Monetary Union (WAEMU). The establishment of a common market with a common trade policy is one of the WAEMUs major objectives and has led to the introduction of the Common External Tariff (CET), inter alia. The free trade area among members still has to be completed as far as industrial products are concerned and the common trade policy is being prepared. Senegal is a founding Member of the ϲʹ, where it has been recognized as a least-developed country (LDC) since 2001. In the same year, a National Trade Negotiations Committee became responsible for defining and dealing with all trade-related matters. Senegal does not, however, participate fully in the multilateral trading system, especially as regards notifications, the implementation of some of the ϲʹ Agreements, and participation in negotiations under the Doha Agenda. In order to remedy this situation, the Government receives the support of its development partners in the context of the Integrated Framework Pilot Project and would like to benefit from a comprehensive and effective technical assistance programme. The formulation of such a programme is one of the priority objectives of the review of Senegals trade policy prepared by the ϲʹϠSecretariat (Annex II.1). constitutional and general legal framework Senegal was formerly a colony in French West Africa and became independent in August1960. Since its first trade policy review in 1994, Senegal has modified its constitutional and legal framework and adopted a new Constitution on 7 January 2001. The aim is to reinforce the rule of law as regards individual rights, and the Senate and the Economic and Social Council have been abolished. The latter had previously acted as a consultative assembly composed of the leading trade unions and representatives of the private sector. The President is the Head of State and is responsible for signing international treaties and agreements. Presidential elections are held every five years rather than every seven years under the 1961 Constitution. The President may be elected for one further term. President Wade, currently in office, was elected in March 2000, the first time since independence there had been a democratic transfer of power. The President holds executive power. He appoints the Prime Minister and, on the latters proposal, the other members of the Government. The Government in office since 6 November 2002 comprises 31 ministers. The last census in 2001 showed that Senegals central administration employed 67,100 people. The Prime Minister presents the Governments programme to the National Assembly where, following a debate, it is put to a vote of confidence. The Government implements domestic and foreign policy and directs the public administration in accordance with the programme approved by the National Assembly. Local authorities do not have any power as regards taxation or trade in goods. The National Assembly has legislative power. It consists of one chamber with 120 members elected for a five-year term, unless it is dissolved, which can only be decided by the President. The last legislative elections were held on 29 April 2001. Laws adopted by the National Assembly are transmitted to the President, who enacts them, and they are then published in the Journal Officiel. Three types of legislation require legislative action: finance laws, basic laws, and ordinary laws. The first two categories must be adopted by an absolute majority of the members of the National Assembly, whereas an ordinary law must be adopted by a simple majority. Basic laws concern, for example, the number of deputies, their remuneration, the procedures and criteria for their election, and the remuneration and privileges granted to members of the Government. Ordinary laws deal with investment and privatization, inter alia. In cases of urgency, the Government may enact measures that would usually be the subject of a law by means of an "order". This procedure requires authorization by the National Assembly and is intended to allow the State to continue functioning between legislative sessions. An order must be ratified by the National Assembly at its next session, otherwise it is null and void. The National Assembly may amend an order, which may also by modified by means of another order or a law. The judiciary is independent of the Legislature and the Executive. Justice is administered by the Constitutional Court, the Council of State, the Court of Cassation, the Court of Audit, appeal courts and ordinary courts. In exercising their functions, judges are subject only to the authority of the law. Local authorities have no responsibility for taxation. This lies with the Executive (central government), which defines the implementing procedures for legislative texts. Transfer of competence for taxation is not allowed under the Code governing the local authorities, which operate on the basis of the fiscal resources allotted to them. Local taxes are collected by the Treasurys accounting services in accordance with the responsibilities determined by the Directorate General of Taxation and State Property. A new tripartite national coordination structure (National Charter for Social Dialogue) came into effect in March 2003; the structure provided under the former Constitution, namely the Economic and Social Council, was abolished under the 2001 Constitution. The three components of the new structure are the State, employers, and workers representatives. Three levels of coordination are provided: in the enterprise, in the branch of economic activity, and at the national level. trade and investment policy Main features The Governments trade and investment policy comes within the more general framework of a poverty reduction strategy (PRS adopted for the period 2003-2005 (Chapter I)). The PRS is the successor to the post-devaluation economic programme (Chapter I(1)), whose principal aim was to enhance Senegals competitiveness with a view to sustainable economic growth. The trade-related elements include the elimination of the constraints on the exercise of professions in 1995 (ChapterIII(2)(i)), the abolition of quantitative import restrictions between 1994 and 1996 (ChapterIII(2)(vi)), and quantitative export restrictions in 1994 (Chapter III(3)(ii)); these measures were dealt with in detail at the time of the first review of Senegals trade policy in 1994. One of the four principal axes of the PRS is "to promote opportunities for wealth creation in Senegal through heightened public and private investment following increased public development assistance and flows of direct foreign investment, better targeting and improvement of the quality of the investments and boosting of the agricultural sectors contribution to growth based, in particular, on product diversification and farm modernization". The PRS states the following: "In this respect, an important objective of the poverty reduction strategy will be to establish a climate conducive to private investment. In addition to the sound macroeconomic policies that will be put into effect, it will be necessary to extend the reforms to a large group of fields, including privatizations, the asset markets, foreign trade, the financial and labor markets, the regulatory environment and the judicial system in order to improve investment quality. These investments will in turn serve to improve the development of the wealth-creating sectors and will be accompanied by public investments aimed at enhancing the quality of social and economic infrastructure." For the period 2003-2005, the PRS envisages that economic growth will be driven by investment and exports, particularly in the areas of agriculture, fisheries, textiles and clothing, crafts and tourism. In order to boost investment, in April 2002 the Government adopted a development strategy for the private sector, which focuses on simplifying the regulatory framework (section4(i)) and improving the functioning of the judicial system, as well as facilitating access to financing through a more efficient financial sector (ChapterIV(6)(iv)). In order to promote an increase in exports, the Government hopes to derive greater benefit from the access to international markets provided under the ϲʹ and the Partnership Agreement between the ACP countries and the European Union (EU), as well as access to regional markets under various regional agreements. For this purpose, Senegal awaits the support of its development partners and the ϲʹ Members for technical assistance in building up its national human and institutional capacity. General framework The Minister for Small and Medium Enterprises and Trade (hereinafter the Minister for Trade) is responsible for Senegals trade policy as laid down by the Head of State. Together with the Ministry for the Economy and Finance, the Minister for Trade is in charge of international trade negotiations and of implementing foreign trade policies. The Minister for Trade represents the State at ϲʹ ministerial meetings. He is also the focal point for the follow-up to the ϲʹ Agreements and for Senegals participation in the ϲʹϒs activities, subject to the application of the common trade policy of the WAEMU (see below). In carrying out his functions, the Minister for Trade receives support from a National Committee for International Trade Negotiations, established in 2001, whose role is: (a) To help in defining the objectives of trade negotiations in the ϲʹ; (b) to formulate and harmonize national positions on multilateral, regional and bilateral trade negotiations; (c) to facilitate the administration and implementation of trade agreements; (d) to monitor and review the work of the United Nations Conference on Trade and Development and other bodies dealing with trade matters; (e) to assess the application of agreements and their impact on a regular basis. The Committee is chaired by the Minister for Trade and includes representatives of ministries responsible for policy in various areas related to the work of the ϲʹ, as well as representatives of government departments, the private sector and workers. The Minister for Trade is responsible for import and export permits and import and export licences where these are required in order to protect consumer health (ChapterIII). He also has authority in respect of anti-dumping, countervailing and safeguard measures. The Ministry of the Economy and Finance plays an important role in trade policy matters. It includes the Directorate General of Customs and Indirect Taxation, a large part of whose activities relate to Senegals commitments on tariff and non-tariff measures under regional and bilateral agreements and the ϲʹ. The Minister for the Economy and Finance represents Senegal at ministerial meetings of the franc zone, the West African Monetary Union (WAMU), the WAEMU and the ACP-EU Partnership Agreement. He is also responsible for privatization. The Senegalese Standards Association is responsible for technical standards and conformity assessment. Instruments International agreements and treaties International agreements and treaties are ratified or approved by the President after an authorization law has been adopted by the National Assembly. It should be noted that only the approval of a treaty or agreement is the subject of a law and not the transposition of its provisions. Properly ratified treaties or agreements (for example, the ϲʹ Agreement) take precedence over laws once they have been published in the Journal Officiel, provided that the treaty or agreement is also applied by the other party. These acts are immediately applicable as a law of the State of Senegal and are automatically enforceable. Trade in goods Senegals policy on trade in goods essentially involves implementing the WAEMU instruments (BoxII.1), which establish a regulatory framework for a series of measures that affect trade in goods both directly and indirectly. These are, for example, MFN customs duties under the CET, supplementary duties and the preferential regime (ChapterIII(2)(iv)), as well as the system of reference values which Senegal intends to introduce (ChapterIII(2)(iii)). Senegal also has a number of domestic taxes on certain imported products with no counterpart at the domestic level (ChapterIII(2)(iii)). The applicability and levels of excise duty and VAT are fixed under the regulatory framework established by the WAEMU and in the Senegalese General Code of Direct and Indirect Taxation, as amended by the Finance Law. The Code also determines surcharges on certain imports that have no counterpart at the domestic level. Senegals Customs Code (1987) still applies, except for the provisions contrary to those in the WAEMU Customs Code, of which BookI came into effect on 1January 2003 (ChapterIII(2)(ii)). Senegal has had an import inspection programme since 1991. The rules on government procurement by the State, local authorities, public establishments, State enterprises and corporations with majority State equity are covered by the Government Procurement Code, revised in 2002. Box II.1: Main trade-related instruments of the WAEMU The WAEMU Treaty; Additional Act No. 4/96 of 10 May 1996 establishing a preferential tariff regime for trade within the WAEMU, as modified by Additional Act No. 4/98; Regulation No. 2/97/CM/UEMOA on adoption of the WAEMUs CET; Directive No. 2/98/CM/UEMOA on harmonization of member States legislation on value-added tax (VAT); Directive No. 3/98/CM/UEMOA on harmonization of member States legislation on excise duty; Regulation No. 5/98/CM/UEMOA defining the list of categories of goods appearing in the WAEMU tariff and statistical nomenclature, as amended; Regulation No. 3/99/CM/UEMOA on adoption of the Degressive Protection Tax (TDP) mechanism within the WAEMU, as amended; Regulation No. 4/99/CM/UEMOA establishing a system of reference values; Regulation No. 5/99/CM/UEMOA on customs valuation of goods; Additional Protocol No. III/2001 establishing rules of origin for WAEMU products; Additional Act No. 3/2001 on adoption of a WAEMU agricultural policy; Directive No. 06/2001/CM/UEMOA on harmonization of taxation of petroleum products within the WAEMU; Regulation No. 09/2001/CM/UEMOA on adoption of the WAEMU Customs Code (BookI: Organizational framework, customs procedures and regimes); Regulation No. 2/2002/CM/UEMOA on anti-competitive practices within the WAEMU; Regulation No. 3/2002/CM/UEMOA on procedures applicable to understandings and abuse of dominant positions within the WAEMU; and Regulation No. 4/2002/CM/UEMOA on State aid within the WAEMU and implementing procedures for Article88(c) of the Treaty. Source: www.uemoa.int [27 April 2003] Trade in services Senegals policy on trade in services comprises two levels: regulations established at the supranational level as a result of regional and subregional integration; and domestic regulations, which cover all aspects not included in the supranational regulations. In Senegal, banking services are subject to the common banking regulations of the WAEMU and the prudential measures determined by the WAEMU Banking Commission, which also acts as the monitoring body (ChapterIV(6)(iii)). In 1998, the West African Regional Stock Exchange (BVRM) was also created within the WAMU. The insurance market in Senegal is governed by the Insurance Code of the Inter-African Insurance Market Conference (CIMA). Land and air transport are subject to community action within the WAEMU. At the national level, activities in many services sectors are the responsibility of public enterprises wholly or partly controlled by the State. This is the case in particular for transport, postal services, communications, culture, public health and education. Nevertheless, in many cases, privatization is planned; SONATEL has been privatized and access to the sector is regulated by the Telecommunications Code (ChapterIV(6)(i)). Other services are provided by private operators, subject to the relevant commercial law and taxation provisions, etc. (ChapterIII(4)(ii)). Protection of intellectual property Senegal is a member of the African Intellectual Property Organization (OAPI) established under the Bangui Agreement (1977). On 24 February 1999, the Bangui Agreement was revised to bring it into line with the ϲʹϒs TRIPS Agreement and Senegal ratified the revised Agreement on9March 2000. The revised Agreement, together with AnnexesI to VIII, entered into force on 28February 2002; the OAPIs Administrative Council deferred the entry into force of AnnexesIX and X on layout-designs (topographies) of integrated circuits and plant varieties respectively. The Annexes to the revised Bangui Agreement (1999) in effect cover patents, utility models, trademarks, industrial designs, trade names, geographical indications, literary and artistic property, and protection against unfair competition. For each of its Member States, the OAPI serves as the national industrial property service and provides a common system of administrative procedures for registering rights. The intellectual property service of the Ministry of Industry and Crafts acts as the national liaison structure (SNL) for the purposes of the Bangui Agreement. As far as copyright and related rights are concerned, Senegals regime, which dates from 1973, is currently being revised by the National Assembly. The Senegalese Copyright Office (BSDA) is responsible for collective administration in Senegal. National authorities are responsible for protecting intellectual property rights. In Senegal, activities that might give rise to infringements of the revised Bangui Agreement are monitored and supervised by the intellectual property service of the Ministry of Industry and Crafts, the BSDA and the TRIPS Sub-Committee for international trade negotiations. The latter is currently examining the harmonization of Senegalese legislation and practices with the new requirements under the revised Bangui Agreement. Investment Senegals Investment Code provides benefits and guarantees for approved investment projects, as well as free export enterprise status (ChapterIII(3)(ii)). The latter status complements the Dakar Industrial Free-Trade Zone, set up in 1974, which no longer accepts enterprises and whose statute will expire in 2016, and it replaces the free points regime established in 1991. Senegal notified these programmes to the ϲʹ in 1997. Petroleum resources and mining are State property, and the latter regulates their exploitation by issuing operating permits to approved companies in accordance with the provisions of the Petroleum Code and the Mining Code. In the PRS, the main elements relating to investment are, on the one hand, expansion of investment opportunities by privatizing State enterprises (ChapterI(3)(iii)), and the promotion of major public works, and, on the other, creating a climate that is conducive to setting up enterprises in Senegal (ChapterIII(4)(ii)). The National Agency for the Promotion of Investment and Major Public Works (APIX), created in July2000, is responsible for planning and implementing policy on investment and major public works. Since the first review of its trade policy, Senegal has updated its law on commercial companies (ChapterIII(4)(i)) by adopting the seven uniform acts of the Organization for the Harmonization of Business Law in Africa (OHADA). trade policy framework agreements ϲʹ Overview Senegal was formerly a contracting party to the GATT 1947, and has been a founding member of the ϲʹ since 1January 1995. In April 2001, it was recognized as a least-developed country (LDC). It is not a member of any plurilateral agreement and does not intend to become an observer to the ϲʹ Plurilateral Agreement on Government Procurement. It should be noted that Senegal supports the request made by the WAEMU Commission to become an observer at the ϲʹ. The member States of the WAEMU are gradually adopting a common trade policy which they also intend to apply within the ϲʹ. Trade in goods During the Uruguay Round, Senegal bound all its tariff lines for agricultural products at 30per cent in its Schedule of ConcessionsXLIX, annexed to the GATT 1994; the Senegalese authorities indicate that they have reserved the right to impose other duties and taxes by including a rate of 150per cent in the column Other duties and taxes in ScheduleXLIX and, consequently, they consider that they are entitled to apply a full margin of protection to agricultural products of up to 180per cent. During the Uruguay Round, Senegal also bound 32.3per cent of its tariff lines for non-agricultural products at 30per cent. In addition, Senegal bound all other non-agricultural tariff lines at 30per cent in March 1996 following the conclusion of the renegotiations of its tariff concessions under ArticleXXVIII of the GATT 1994. Senegal has undertaken gradually to reduce the bound rate of 30per cent to 15per cent on certain products by 2005. The Government of Senegal has agreed that its tariff data compiled by the Secretariat for the purpose of preparing the review of its trade policy should be incorporated into the integrated database (IDB); prior to this agreement, Senegal had never given the ϲʹ any tariff or statistical data on its imports. In its Schedule of Concessions XLIX, Senegal undertook to abolish prior authorization for 43agricultural and non-agricultural products and the Government has confirmed that there are no import licences. Senegal has not made any commitment on domestic support (Part IV of ScheduleXLIX), therefore the commitment applicable to Senegal in this respect defined in Article7.2(b) of the Agreement on Agriculture consists of not granting domestic support in excess of the de minimis level of the value of the production in question. The Senegalese authorities have indicated that they introduced the Agreement on Implementation of ArticleVII of the GATT1994 (Customs Valuation Agreement) on 1July 2001. They had already invoked the provisions on special and differential treatment in favour of developing countries to defer its implementation (originally fixed at 1January 2000) for a period of 18months. In December 2000, Senegal requested authorization to maintain a system of minimum values applicable to over 29products during this period, and the request was granted. Following the introduction of the ϲʹ Agreement on Customs Valuation and the Regulations on Customs Valuation in WAEMU member countries, in September2001 Senegal indicated that it wished to make a reservation in order to apply minimum values for a certain number of products. On 5June 2002, Senegal submitted a request for a waiver under ArticleIX of the ϲʹ Agreement in order to apply minimum values for more than 29products during a transitional period of three years as of that date (until 2005). The list of products proposed was modified in comparison with the list previously approved and it constitutes Senegals national schedule in respect of the WAEMU regulations on the system of reference values (ChapterIII(2)(iii)). According to the authorities, the continued application of minimum values is justified by the difficulties experienced by producers in competing and unlawful trade practices affecting domestic industry. It should be noted that Senegal has a preshipment inspection programme for imports (ChapterIII(2)(iii)), and has notified its anti-dumping legislation to the ϲʹ. Trade in services Senegals Schedule of Specific Commitments under the GATS (GATS/SC/75) sets out the commitments undertaken during the Uruguay Round. Services for which Senegal has undertaken commitments relate to tourism, distribution, business, recreation, culture and sports, and transport. With some exceptions, the supply of services by means of commercial presence (mode3) requires prior approval by the relevant ministries under a discretionary procedure; the limitations indicated in the Schedule are more restrictive than the regime currently applicable to foreign investors (ChapterIII(3)(ii)). Senegal has not made any commitment concerning the supply of services through the presence of natural persons (mode4). The final List of Article II (MFN) exemptions under the GATS (GATS/EL/75) concerns maritime transport, particularly any bilateral, plurilateral or multilateral agreement concluded or to be concluded by Senegal which exchanges coastal cabotage rights on a basis of reciprocity in the expectation that such agreements would be concluded in the near future. The List also concerns existing and future measures adopted with a view to implementing the relevant provisions of the United Nations Convention on a Code of Conduct, or any other agreement, which gives the national stevedoring and transit company a minimum share of the transport of cargo between two points, as well as any other measure on the development of auxiliary maritime and port services in Senegal for an unlimited period. Senegals Schedule of Specific Commitments under the GATS has expanded as a result of its participation in the negotiations on basic telecommunications (GATS/SC/75/Suppl.1), which ended in 1997, as well as the negotiations on financial services (GATS/SC/75/Suppl.2), which concluded in 1998. In the telecommunications sector, there is a commitment to end SONATELs monopoly on 31December 2003 at the earliest and 31December 2006 at the latest, as well as an additional commitment on the introduction of an appropriate regulatory framework for the opening up of competition in this sector and the granting of licences to other operators. No commitment has been made, however, concerning the supply of services through the presence of natural persons (mode4). TRIPS Agreement Since 1995, Senegal has taken advantage of the transitional provisions available under Article65 of the TRIPS Agreement (which applies to developing countries and countries with economies in transition), in order to delay full application of the Agreement (except for Articles3, 4 and 5) until 2000; after it was recognized as an LDC in 2001, Senegal took advantage of the transitional provisions provided under Article66 of the Agreement. It has not yet notified the TRIPS Council of the revised Bangui Agreement and AnnexesI to VIII thereto, which entered into force on 28February 2002. The authorities have indicated that they will make such a notification. Participation in the activities of the ϲʹ Senegal participates in the activities of the ϲʹ and has a mission in Geneva. The Government nevertheless has some difficulty in keeping up to date with notifications (TableII.1). Senegal would like to see the ϲʹ notification procedures for texts adopted by the WAEMU simplified so that they could be notified by one member of the organization but apply to all the other members. Regarding multilateral negotiations within the Doha Agenda framework, the member States of the WAEMU have adopted a common position on agriculture upstream of the common agricultural policy adopted within the WAEMU. It is stated that the aims of the WAEMU member States are: - "To incite developed countries to liberalize their agricultural policies in practice in order to enhance domestic and external competitiveness of agricultural products of interest to developing countries and least-developed countries, in particular those with high value added; - to make efforts to expand and improve waivers in favour of developing countries and least-developed countries." Senegal is currently eligible to participate in the ϲʹϒs trade policy courses. Since 1998, two national seminars on the multilateral trading system have been organized in Senegal and Senegalese officials have taken part in 17regional seminars on various ϲʹ-related issues. In addition, since 1995, five officials have participated in the trade policy course lasting 12weeks and two in the three-week course for LDCs, organized by the ϲʹ Training Institute. Table II.1 Documents relating to Senegals participation in the ϲʹ, April 2003 Agreementϲʹ documentContentMultilateral agreements on trade in goodsGATT 1994Schedule XLIX  Senegal of 15April1994aTariff concessionsAgreement on Textiles and Clothing G/TMB/N/122 of 9 August 1995Transitional safeguard mechanismAgreement on Technical Barriers to TradeG/TBT/CS/N/27 of 23February1996Annex IIIG/TBT/Notif97.348 of 15July1997 G/TBT/Notif00.472 of 3October 2000 G/TBT/Notif00.473 of 3October 2000 G/TBT/Notif00.474 of 5October 2002Notifications of standardsAgreement on Implementation of Article VI of the General Agreements on Tariffs and Trade 1994G/ADP/N/1/SEN/1 of 31 July 1996Laws and regulationsG/ADP/N/4, G/ADP/N/9, G/ADP/N/16Notifications of anti-dumping measuresAgreement on Implementation of Article VII of the GATT1994G/C/W/390 of 26 June 2002Request for a waiver on minimum valuesG/VAL/N/1/SEN/1 of 27September 2001WAEMU regulations on customs valuationAgreement on Preshipment InspectionG/PSI/N/1/Add.4 of 9October1996Laws and regulationsAgreement on Rules of OriginG/RO/N/10 of 16 August 1996Laws and regulationsAgreement on Import Licensing Procedures G/LIC/N/3/SEN/1 of 11February1997 Replies to the questionnaire; rules and information concerning procedures for submitting applicationsG/LIC/N/1/SEN/1 of 23October2002UpdateAgreement on Subsidies and Countervailing MeasuresG/SCM/N/3/SEN of 27January1997 and Suppl.1 of 21November1997Laws and regulationsAgreement on SafeguardsG/SG/N/1/SEN/1 of 1November1996Laws and regulations General Agreement on Trade in ServicesGATS/SC/75 of 15 April1994, Suppl.1 of 11 April 1997 and Suppl. 2 of 26February 1998Schedule of Specific Commitments on ServicesGATS/EL/34 of 15 April1994 and Suppl. 1 of 26 February 1998List of Article II exemptions (MFN) Agreement on Trade-Related Aspects of Intellectual Property RightsIP/N/1/SEN/1 of 6 February 1997Laws and regulationsIP/N/3/Rev.3/Add.1 of 17December 1998Enquiry point Marrakesh Agreement Establishing the World Trade OrganizationWT/MIN(01)/15 of 14 November 2001Waiver from obligations under ArticleI.1 of the GATT 1994 for the ACP-EC Partnership Agreement Enabling clause WT/COMTD/N/11 of 3 February 2000, WT/COMTD/N/11/Add.1 of 2 March 2001, WT/COMTD/N/11/Add.2 of 22August 2001 WT/COMTD/N/11/Add.2/Corr.1 of 26March 2002West African Economic and Monetary Union (WAEMU) a This Schedule was amended following the tariff negotiations under Article XXVIII of the GATT 1994, which ended in 1997. Source: ϲʹ Secretariat. Senegal is currently requesting further technical assistance for the following: (i)harmonization of laws, regulations and rules with ϲʹ obligations; (ii)updating notifications; (iii)training of officials in ϲʹ-related areas (especially the building of negotiating capacity); and (iv)modernization of the customs administration. A comprehensive programme has been proposed by the Secretariat (AnnexII.1). Regional agreements of economic scope (a) African Union The achievement of African unity is one of Senegals fundamental objectives. Senegal is a founding member of the African Union, which succeeded the Organization of African Unity (OAU). Ultimately, the African Union will be an economic and monetary union with five institutions: a Pan-African Parliament, a Central Bank, a Monetary Fund, a Court of Justice, and an Economic and Social Commission. The Protocol on the creation of the Pan-African Parliament was adopted in 2002, but the institution has not yet been set up. Currently, there is a transitional support structure and the Commission of the African Union should be set up in July2003. The Lusaka summit in 2001 saw the adoption of the New Partnership for Africa's Development (NEPAD), which constitutes "a call for a new relationship of partnership between Africa and the international community, especially the highly industrialised countries". The NEPAD combines a multidisciplinary analysis of poverty in Africa with an initiative for the active participation of African States in the ϲʹ and debt reduction that exceeds the current levels. In the long term, the objective of the African initiative is to link debt reduction to the assessed results of poverty reduction activities. Economic Community of West African States (ECOWAS) Senegal is a founding member of the ECOWAS, whose Treaty was revised in 1993 to include the objective of economic and monetary union. Following this revision, the institutional framework of the ECOWAS provides for the following: a Central Bank, a Parliament, a Court of Justice, an Executive Secretariat, and an Economic and Cultural Council. In 2000, the ECOWAS set up the West African Parliament and the Court of Justice and in 2001 the West African Monetary Institute, which is the precursor of the Central Bank. The 1993 revision of the Treaty established a two-stage programme for the liberalization of trade: the establishment of a free-trade area at the end of 1999 and the adoption of a CET in threestages. Local products and traditional crafts may circulate freely within the ECOWAS, and Senegal has granted such treatment since2000. In principle, certain processed products approved under the preferential regime should also be duty free. The liberalization of tariff barriers on approved products should proceed according to an asymmetric scheme under which high-income countries would liberalize more rapidly than low-income countries. This timetable has not been respected and a new timetable has not yet been fixed; the Senegalese authorities explain the halt in intra-community liberalization by the absence of a compensation mechanism to offset the loss in customs revenue, and by the approval system. It was also intended to introduce free movement of services, capital and persons within the Community at the end of a period of five years following the introduction of the Customs Union planned for the year 2000. A community passport was established for this purpose and it should be recognized in the year 2005; Senegal introduced such a passport in 2000. In cooperation with donors, the ECOWAS has launched several projects in order to complete the communications, energy, transport and tourism networks in the subregion and make them operational. The main achievements are the trans-Saharan and trans-coastal community networks and the standards for classifying tourism accommodation. The ECOWAS is responsible for settling disputes in the subregion. In 2002, it undertook a peacekeeping mission in Cte dIvoire. West African Economic and Monetary Union (WAEMU) Senegal is a founding member of the WAEMU, whose Treaty and some of whose projects have been notified to the ϲʹ under the Enabling Clause since 1999. With the exception of CtedIvoire, the member States of the WAEMU are all LDCs and also all belong to the ECOWAS, which has wider geographical scope. The Unions bodies consist of the Conference of Heads of State and Government; the Parliament; the Council of Ministers; the Commission; the Court of Justice; and the Court of Audit. The Conference of Heads of State and Government defines the broad outlines of Union policy and adopts acts additional to the Union Treaty, which complement the latter without amending it. The Council of Ministers is the WAEMUs decision-making body and adopts regulations, directives and decisions: the regulations are binding and apply directly in all member States; directives must be incorporated into the legislation and procedures of the member countries; decisions are binding on the persons or member States concerned. The Commission is the only body empowered to propose community acts, and has its headquarters in Ouagadougou (Burkina Faso). The Court of Justice was established and put in place in 1995 and the Court of Audit started to function in 1998. The WAEMU complements the WAMU by means of an economic integration component and incorporates its provisions, including a common currency (the African Financial Community franc (CFA)), administered by the Central Bank of West African States (BCEAO), a specialized autonomous body of the WAEMU (ChapterI(3)(ii)). The main objectives of the WAEMU are: (i) convergence of the economic performance and policies of member States through the institution of a multilateral monitoring procedure; (ii) establishment of a common market; (iii)coordination of sectoral policies; (iv)to the extent necessary for the proper operation of the common market, harmonization of member States legislation, including the regime on duties and taxes on goods. Regarding the liberalization of trade among WAEMU member States, a transitional preferential regime came into effect on 1July 1996. Since then, local products and traditional crafts have been completely free of import duty and taxes. Approved originating industrial products have also gradually become duty free (ChapterIII(2)(iii)), a process which ended on 1January 2000. New WAEMU rules of origin came into effect on 1January 2003 (ChapterIII(2)(v)). Regarding extra-community trade, including trade among member States of the WAEMU not subject to the preferential regime, the CET was introduced on 1January 2000 on the basis of a common tariff and statistical nomenclature, along with a common customs valuation regime for goods; Senegal completed the introduction of the CET on 25July 2002. A statistical charge (RS) and a community solidarity levy (PCS) are also applied on a permanent basis (TableII.2). In addition, imports are subject to a special import tax (TCI) or a degressive protection tax (TDP). The TCI and TDP are nationally applied protection mechanisms established by the WAEMU subject to approval by the latters Commission. The TDP should have expired at the end of 2002 but was renewed for the year 2003. Senegal currently applies the TCI on imports from third countries of sugar, groundnut oil, soya bean and colza oil, and wheat flour, but does not apply the TDP (ChapterIII(2)(iv)). In addition to the CET, the member States of the WAEMU are gradually adopting a common trade policy towards third countries, as well as within the ϲʹ (see above). In principle, the WAEMU Commission has exclusive competence in this area and no member State may separately negotiate or conclude a bilateral trade agreement with a third country. In 1998, the WAEMU Commission was mandated to undertake negotiations on an agreement to develop trade and investment relations with the United States of America and an agreement was signed on 24April2002. This non-preferential agreement commits the partners to encourage and facilitate trade in goods and services and to guarantee conditions conducive to investment. For this purpose, a Trade and Investment Council has been set up in order to deal with any matters relating to trade or investment. Other agreements between the WAEMU and third countries are under preparation. In 1999, the WAEMU Commission commenced negotiations with Tunisia for the purpose of concluding a trade agreement and an agreement is also being negotiated with Morocco. In September2000, the WAEMU Commission was mandated to initiate negotiations with the EU with a view to concluding a Regional Economic Partnership Agreement (see below). Table II.2 Permanent duties and taxes applicable to WAEMU extra-community trade Category DefinitionCustoms dutyStatistical chargeCommunity solidarity levy0 1 2 3 Essential social goods appearing on a restricted list Staple goods, basic raw materials, capital goods, specific inputs Intermediate products and inputs Final consumer goods and other products not elsewhere specified0% 5% 10% 20%1% 1% 1% 1% 1% 1% 1% 1%Source: WAEMU Commission. With regard to the coordination of national sectoral policies, the WAEMU has adopted common policies in the following areas: agriculture, energy and industry. The principal objectives of the common agricultural policy are to help in meeting the populations food needs and in the economic and social development of member States, as well as in reducing poverty in rural areas. The operating procedures for the common agricultural policy should be finalized soon. In this connection, the protection granted to agricultural products under the CET relatively higher than that for non-agricultural products could be increased. Regarding transport, which is a key aspect for the development of intra-community trade, a community strategy and a road infrastructure network within the WAEMU have been adopted and put before donors. A community programme on the building of checkpoints on the borders between member States has been adopted and should start to be implemented in 2003. Harmonization of domestic tax legislation in member States has made progress as far as the value-added tax (VAT), excise duties, taxation of petroleum products (Box II.1), advance payment of tax on industrial and commercial profits (BIC), the legal framework, government finance accounts and statistics, accounting legislation (SYSCOA) and the regional financial market are concerned. The WAEMU recently introduced a community policy on competition, which came into effect on 1January 2003, but is not yet being applied (Chapter(4)(iv)). The draft "WAEMU Investment Charter" was not adopted by the WAEMU Council of Ministers, however, due to lack of agreement on the question of benefits given for approved projects. ACP-EU Partnership Agreement Senegal is one of the ACP countries with which the EU has concluded a Partnership Agreement. The latter entered into force on 1March 2000 and was signed on 23June 2000 in Cotonou, Benin. The Agreement replaces the Lom Convention, which had been in effect since 1975 and whose fourth extension expired at the end of February2000. Of the 71ACP countries, 55are members of the ϲʹ and 41 are LDCs. Trade provisions are one of the cooperation mechanisms between the ACP countries and the EU. The latter allows duty-free entry for industrial products and processed agricultural products originating in 70ACP countries on a non-reciprocal basis (the Agreement on Trade, Development and Cooperation applies to South Africa). In the absence of data, the Senegalese authorities are unable to identify the products currently benefiting from the preferences granted. The ϲʹ Members have granted a waiver to the EU from its obligations under ArticleI.1 of the GATT1994 (concerning MFN treatment) for the period 1March 2000 to 31December 2007, at which time new trade agreements consistent with the ϲʹϒs rules must have been concluded. There are three options for that date: - The conclusion of a Regional Economic Partnership Agreement (REPA) between the EU and a regional group (for example, the WAEMU); - integration of the country concerned in the Generalized System of Preferences (GSP) of the EU; or - the conclusion of a bilateral partnership agreement. In September 2001, the EU initiated negotiations with the WAEMU, in collaboration with the ECOWAS, for the purpose of concluding a REPA. One of the major components of such an agreement would be the elimination of non-reciprocal trade preferences for the ACP countries concerned. An agreement would provide that at the end of the transitional period at the latest 2020 the EUs regional partners would have abolished customs duties on imports from the EU. Consequently, tax revenue will decrease and competition will no doubt be keener. On the other hand, consumers will benefit from lower prices and the catalytic effect on domestic enterprises. Economic studies are needed, however, in order to assess the actual impact on each of the ACP countries economies. The WAEMU member countries are keeping open the GSP option. It should be noted that the revised GSP scheme currently in force includes the Everything but Arms initiative in favour of LDCs, which came into effect on 5March 2001, and allows duty-free entry of all products except arms, with some exceptions (rice, bananas and sugar, to which transitional arrangements apply). As a result of the "Everything but Arms" initiative, the LDCs enjoy the most favourable preferential treatment under the GSP, including that within the framework of the ACP-EU Partnership Agreements, except in the case of protocols covering certain products. Bilateral agreements Over the years, Senegal has concluded several bilateral trade and economic cooperation agreements. The majority of the agreements with other ϲʹ Members provide for the MFNregime. More favourable terms duty-free entry are provided under the agreements with Algeria, Morocco and Tunisia. Since the creation of the WAEMU in 1994, Senegal has only concluded three bilateral trade agreements (with Uganda, Viet Nam and the Czech Republic) because the WAEMU Treaty provides for a common trade policy. Consequently the bilateral trade agreements signed by Senegal and other members of the WAEMU will gradually be replaced by agreements between the WAEMU and third countries. Senegal has been a member of the Multilateral Investment Guarantee Agency Agreement since 10March 1987. Senegal has also been a member of the International Centre for Settlement of Investment Disputes (ICSID) since 21May 1967. Annex II.1: Trade-related technical assistance Like other LDCs, Senegal has a large number of trade-related needs and its problems are exacerbated by the difficulty of implementing the ϲʹ Agreements, the lack of human and institutional capacity and supply constraints. In the past, Senegal received aid from a number of sources, but in order to meet all its needs it requires further assistance. At the same time, it is essential that such assistance should be better coordinated among those providing it because the absorption capacity of government institutions dealing with foreign trade is limited. Senegal has regularly made use of the technical assistance supplied by the ϲʹ and other international institutions. Such assistance has mainly been requested in order to allow Senegal to implement the ϲʹ Agreements. In conformity with the provisions of the Integrated Framework, the evaluation made by Senegal should serve as the point of departure for global trade-related technical assistance proposals. The Diagnostic Trade Integration Study and the Action Matrix were endorsed at the National Validation Workshop held in Dakar on 16December 2002. Trade-related technical assistance needs: Implementation of the ϲʹ Agreements Senegal encounters serious problems in applying a number of provisions of the ϲʹ Agreements. These difficulties are due above all to the lack of institutional capacity in the implementing bodies, the limited knowledge of the ϲʹ Agreements and the lack of human, material and financial resources to implement them. The areas in which Senegal has the greatest need of assistance are: (i)harmonization of legislation, regulations and rules with the ϲʹ provisions; (ii)notifications; and (iii)training of officials in ϲʹ-related areas, particularly the building of negotiating capacity. The ϲʹ Secretariat, other intergovernmental organizations and bilateral donors have provided aid in order to meet general needs, but Senegal needs further assistance better adapted to its specific problems in order to be able to derive benefit from the multilateral trading system. Moreover, in certain cases, if the ϲʹ Agreements are to be properly applied the existing institutions must be strengthened, or new institutions created, which could have substantial financial implications and would also call for action by several providers of aid with differing expertise. The implementation-related areas of the greatest concern to Senegal are customs valuation, anti-dumping measures, countervailing measures, sanitary and phytosanitary measures, technical barriers to trade, and TRIPS. It will be impossible to benefit from all the advantages of applying the Customs Valuation Agreement as long as the customs infrastructure and the means for combating smuggling from Gambia and Guinea-Bissau have not been reinforced. According to the authorities, the utilization of "GAINDE", a new computer system, is an important step to be taken. As far as intellectual property rights (ChapterII(d)) are concerned, according to the authorities, Senegal has received little assistance from the ϲʹ, WIPO or other relevant organizations. It is therefore urgent to enhance knowledge and expertise in the administration and other State and private sector entities by means of training courses and workshops. The Industrial Property Service is in need of legal advice in drawing up new legislation consistent with the provisions of the TRIPS Agreement. In addition, the enactment of laws consistent with the ϲʹ would eliminate one of the major obstacles hampering the effective implementation of the law, in particular because it would facilitate the training of customs and police officers. Lastly, the entities responsible for applying the Agreement require assistance, especially the customs service as regards imports of counterfeit goods. Senegal needs more jurists, especially in the field of TRIPS. Furthermore, if the ϲʹ Agreements are to be observed, in the majority of cases institutions will have to be created or strengthened and personnel responsible for administering laws in compliance with Senegals commitments will have to be trained. The lack of officials trained in ϲʹ-related areas, especially as regards negotiating skills in the multilateral framework, also hinders Senegals participation in the trading system (it does not belong to any pressure group). Senegal can rarely attend meetings of the ϲʹ, because it lacks the financial resources to do so. It has relied to a large extent on the reference centre in order to follow the ϲʹϒs activities. Training in the multilateral trading system A small number of officials, mainly from the Ministries of Trade; Foreign Affairs; and Customs, have broad knowledge of trade policy and its instruments. Some ministries such as those of Agriculture and Livestock, Fisheries, Mining, Energy and Water Resources, Public Works and Transport appear to have limited knowledge of the multilateral trading system, certain aspects of which are nevertheless of direct interest to them. This is because these ministries have few contacts with those dealing directly with such issues or do not apprehend the full relevance of multilateral trade issues for their fields of activity. Other ministries or entities directly concerned such as the customs or the APIX seem to be in a similar situation. Together with a probable lack of communication/coordination among ministries despite the committee (ChapterII(20)) this set up explains why all issues relating to the multilateral trading system are dealt with only by the Ministry of Trade. For this reason, it is mainly officials of the Ministry of Trade who take part or have taken part in the trade policy courses in Geneva (the three-month or the short-term trade policy course). In addition, officials from ministries such as those of Foreign Affairs, Economy and Finance (including the customs) have been involved in technical cooperation activities undertaken at the regional level. The various economic operators in the private sector also have little information about the multilateral trading system and its rules; only people directly responsible for the institutions concerned appear to have knowledge of the system. The 2003 Action Plan drawn up by the ϲʹ Secretariat provides for special efforts to be made in favour of LDCs. These should be expanded through increased collaboration among international organizations in the context of the Integrated Framework and the JITAPII (second stage), for which Senegal was selected together with seven other LDCs, as well as at the regional or subregional level, particularly within the framework of the WAEMU. Up until now, the technical assistance provided by the ϲʹ has aimed above all at making the ϲʹ system better known to senior officials. Since 1998, two national seminars on the multilateral trading system have been organized in Senegal, but Senegalese officials have taken part in 17regional seminars on various ϲʹ-related issues. In addition, since 1995, five officials have taken part in the 12-week trade policy course and one in the three-week trade policy course designed for LDCs and organized by the Training Institute. According to the authorities, these seminars and training courses have done a great deal to make the ϲʹ Agreements better known, but they are still insufficient. In particular, it is essential to hold national seminars and train trainers in order to bolster the national team of ϲʹ experts. Information The ϲʹ reference centre, set up in the Ministry of Trade, provides information on the multilateral trading system through a link to the ϲʹϒs official site and general information on the ϲʹ and other institutions dealing with trade matters. The reference centre and its library, installed by the ϲʹ, are not easily accessible to persons outside the Ministry. There are also reference centres at the Trade Point, the CICES and the IDPE. Few people in the Ministry are capable of using the computer equipment supplied. The centre therefore indubitably needs substantial support to allow it to fulfil its role effectively. The computer equipment provided by the ϲʹ will be upgraded and expanded. These activities form part of the Technical Assistance Action Plan for 2003. In addition, the media in Senegal are not in a position at the moment to cover multilateral issues fully. They should be brought up to date and given further information through the dispatch of appropriate ϲʹ documentation. Institutional support to the Ministry of Small- and Medium-sized Enterprises and Trade In view of the difficulties encountered and mentioned above, the Ministry of Trade continues to play an important role, in particular because there is no enquiry point on multilateral issues in Senegal. The Ministry nevertheless finds it difficult to fulfil such a task, not only because of conflicting competence between the Ministry and other bodies (for example, the customs) or poor coordination, but also because of the current shortage of officials to deal with the subject; it also lacks institutional memory because the majority of well-trained officials particularly those who attended the GATT/ϲʹ trade policy courses have left the Ministry for other jobs or have left Senegal; and financial resources are scarce. Supply constraints Supply constraints are a major obstacle to the expansion of foreign trade in Senegal. They make trade even more costly, particularly because the problems are often inter-related and have a mutually negative impact, which makes trade in general difficult. For example, unpredictable rainfall, little diversity of supply, certain production costs, particularly for energy, the informal sector and the inadequacy of the infrastructure exacerbate the problems, thereby hindering participation in international trade. The lack of knowledge about export outlets and the inadequacy of export financing mechanisms have prevented diversification of exports, both in terms of products and markets. All these problems need to be resolved within a global framework. The Government has taken some measures to ease supply constraints. As far as infrastructure is concerned, it has decided to privatize and open up to private-sector participation services that are supplied by the State but are overwhelmed, such as telecommunications and electricity (ChapterII(36)). The needs are substantial and in particular the institutional capacity of export support bodies has to be built up, export financing mechanisms have to be improved and computer and telecomputing equipment has to be acquired in order to have access to up-to-date information on markets. In order to meet these needs, there should not only be a wide range of providers of technical assistance, but their action should be better coordinated. In this respect, the Integrated Framework, a mechanism under which six multilateral organizations (IMF, ITC, UNCTAD, UNDP, the World Bank and the ϲʹ) coordinate the supply of trade-related technical assistance to LDCs, is helping Senegal to enhance the consistency of its trade-related policies by integrating trade priorities into its poverty reduction strategy. Integration of international trade into the development plan The Integrated Framework underlines the need to integrate each countrys trade priorities into its national development plan or its poverty reduction strategy. If foreign trade is to promote economic growth that improves the condition of poor people, integration must be at three levels: the political level, the institutional level and at the level of the partnership between the government and donors. Senegal has been included in the extension of the pilot programme phase of the Integrated Framework. The Diagnostic Trade Integration Study and the Action Matrix were endorsed at the National Validation Workshop held in Dakar on 16December 2002. The Action Matrix incorporates all the priority activities and sectors required in order to enhance the competitiveness of the economy and integration into the global economy. It will be analysed at a follow-up seminar with donors in 2003 in order to discuss the implementation of the integrated plan of action in the PRSP and to identify technical assistance needs and ways of mobilizing resources. Integration at the institutional level The problem facing Senegal in developing its foreign trade is that it is hard to reconcile the political will to achieve a better foreign trade performance and the institutional capacity needed to plan and implement the required measures. Senegal has concluded a series of multilateral, regional and bilateral agreements (ChapterII(iv)), which call for the adoption of new policies, but the institutional capacity needed to implement them effectively is only rarely available. The capacity of the Ministry of Trade and other institutions responsible for promoting trade such as the APIX are limited owing to their inadequate financial resources. Moreover, responsibility for formulating and implementing trade policy is often divided up among several institutions, with duplication of work, and there are no clearly defined responsibilities. This fragmentation leads to rivalry in obtaining resources. Integration at the level of the government-donors partnership Senegal receives aid from various sources, but there is little coordination among its development partners, due in part to the general lack of coordination in the formulation of policies and in institutions. The World Bank, UNDP, the EU and USAID play a role in foreign trade. The result is not only to limit the benefits which aid could provide but this also imposes a heavy additional burden on government authorities, whose capacity is already insufficient. The Integrated Framework was designed in particular to remedy this problem and to enhance the coordination and coherence of policies. Adaptation of legislation Senegal finds it difficult to bring its legal system into conformity with the ϲʹ Agreements. A certain number of laws and regulations have been in place for a long time. The scope of the task makes the process of adapting to the ϲʹ Agreements a long and arduous one. There are also the constraints due to the limited financial resources of the ministries concerned; the legal problems related in part to the inclusion of the informal sector; and, lastly, coordination difficulties. Technical assistance in this area could be envisaged. Implementation of the Agreements The main problem is lack of information on the provisions of the Agreements to be implemented and on the action required. The crucial issue of implementation will not be completely resolved until there is better knowledge of the Agreements. Substantial assistance is therefore needed. The implementation-related areas of most concern to Senegal are customs valuation; sanitary and phytosanitary measures; technical barriers to trade; and trade-related aspects of intellectual property rights (TRIPS). Participation in the ϲʹ and trade negotiations The key issues cited by the Senegalese authorities concern better participation in the work of the ϲʹ and in trade negotiations. The authorities would like their officials to be better informed and prepared for multilateral negotiations and future negotiations and would welcome technical assistance in particular in the form of seminars/workshops on subjects in the ϲʹ work programme under the Doha Ministerial Declaration, especially on matters related to competition, investment and government procurement, and negotiating techniques. Notifications Senegal has encountered some difficulty in fulfilling its obligations (TableII.1), especially since 1998. According to the authorities, the delay in notification is mainly due to a poor understanding of the regulations and the way in which notifications must be drawn up and communicated to the ϲʹ Secretariat, not to mention limited knowledge of the ϲʹ Agreements. The substance of notifications is often highly technical, which makes it difficult for officials to draft them. Coordination problems among the ministries concerned should also be mentioned. Senegal has indeed received aid from the ϲʹ Secretariat, in the form of documents and through participation by Senegalese officials in seminars. Nevertheless, as the problems persist, the authorities would like to receive further assistance from the ϲʹ Secretariat on notifications, especially technical missions (or even the holding of a national seminar) to the various ministries and institutions concerned.  Article 88 of the 2001 Constitution.  GATT(1994), Volume I.  Government of Senegal (2002), Chapter 4.  Government of Senegal (2002), Chapter 4.  Decree No. 2001-406 of 21 May 2001.  Decree No. 2001-1072.  Title IX of the 2001 Constitution.  Article 98 of the 2001 Constitution.  Law No. 87-47 of 28 December 1987 containing the Customs Code.  Regulation No. 09/2001/CM/UEMOA.  Decree No. 91-1221 of 14 November 1991, whose implementing procedures have recently been determined in Ministerial Order No. 1110/MEFP/MDB of 25 February 1997.  Decree No. 2002-550 of 30 May 2002.  The CIMA was established in 1992 and also includes Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Congo, Cte dIvoire, Gabon, Niger and Togo.  Directive No. 8/2002/CM/UEMOA on adoption of the common air transport programme of member States of the WAEMU; and Regulation No. 24/2002/CM/UEMOA defining the conditions of access to intra-community air links for WAEMU air carriers.  Law No. 2001-15 of 27 December 2001.  http://www.oapi.wipo.net.  The OAPI also includes Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Congo, Cte dIvoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mauritania, Niger and Togo.  Law No. 73-52 of 4 December 1973.  Law No. 87-25 of 18 August 1987, amended by Law No. 89-31 of 12 October 1989.  Law No. 95-34 of 21 December 1995 and Implementing Decree No. 96-869 of 15 October 1996.  Law No. 74-06 of 22 April 1974 establishing the Dakar Industrial Free-Trade Zone, amended by Law No.79-21 of 24January 1979 and Law No.91-30 of 12April 1991 on free points status. See GATT(1994), VolumeI, ChapterIII(3).  ϲʹ documents G/SCM/N/3/SEN of 27 January 1997 and G/SCM/N/3/SEN/Suppl.1 of 21November 1997.  Law No. 98-05 of 26 December 1998.  Law No. 88-06 of 26 August 1988.  Senegal became a contracting party to the GATT 1947 on 27 September 1963. Originally, the General Agreement applied to Senegal as a French overseas territory. After Senegal became independent in June1960, it continued to apply de facto until Senegal became a contracting party pursuant to the provisions of paragraph 5(c) of ArticleXXVI.  Law No. 94-83 of 30 December 1994 authorized the Prime Minister to ratify the ϲʹ Agreement, which was in fact done on 7June 1995.  The tariffs applied for certain agricultural tariff lines currently exceed the bound level of 30per cent as a result of the combined effect of implementing the CET, the WAEMUs supplementary duties and the application of a surcharge, whereas others exceed this figure because of the combined effect of the implementation of the CET, the WAEMUs supplementary duties, and the Special Import Tax (TCI), which is a WAEMU protection mechanism (ChapterIII(2)(iv)).  ϲʹ Secretariat (2000), Chapter II, Table II.1. This binding settled the issue of Senegals continued application of the tariff concessions originally granted by France before independence (ScheduleXLIX), as a result of fiscal reform and sectoral fiscal measures related to the implementation of a structural adjustment programme since 1986, commitments to the World Bank and the International Monetary Fund, and the adoption of a new customs tariff based on the Harmonized System. In 1990, Senegal obtained a temporary waiver from its commitments under ArticleII of the General Agreement (GATT, BISD, S37/319), which was extended by means of successive decisions until 31December 1994.  Certain products bound at 15 per cent as of 2005 will exceed the levels of the WAEMU CET, unless the latter is adjusted downwards. This is the case for butter, certain dairy products and beer.  ϲʹ document G/MA/IDB/2/Rev.15 of 17 September 2002.  ϲʹ document G/LIC/N/1/SEN/1 of 23 October 2002.  ϲʹ document G/VAL/N/1/SEN/1 of 27 September 2001.  ϲʹ documents G/VAL/W/45 of 4 November 1999, G/VAL/W/45/Add.1 of 5 November 1999, G/VAL/W/45/Add.2 of 18 December 2000 and G/VAL/39 of 18 January 2001 and Corr.1 of 27 March 2001.  ϲʹ document G/VAL/N/1/SEN/1 of 27 September 2001.  ϲʹ document G/C/W/390 of 26 June 2002.  The following products in Annex II to ϲʹ document G/VAL/W/45/Add.2 of 18 December 2000 were removed from the list of products in ϲʹ document G/C/W/390 of 26 June 2002: powdered milk; used clothing; broken rice; granulated sugar; cube sugar; and dry biscuits. The following products in the list of products in document G/C/W/390 of 26June 2002 are new: pasta; T-shirts; poultry and cuts, frozen; floor cloths; paper handkerchiefs; bicycles; wheat or meslin flour; household articles, enamelled; table, kitchen or other household articles and parts thereof, of aluminium; sweets; chewing gum; and mopeds of a cylinder capacity of not more than 50cc.  The ϲʹ notification on Senegals relevant laws and regulations (ϲʹ document IP/N/1/SEN/1 of 6February 1997) concerns the 1977 Bangui Agreement.  The WAEMU considered it necessary to ask each member State to notify individually to the ϲʹϠRegulation No.5/99/CM/UEMOA on customs valuation for goods. Senegal and Cte dIvoire notified the implementation of this Regulation in their domestic legislation separately (ϲʹ documents G/VAL/N/1/SEN/1 of 27 September 2001 and G/VAL/N/1/CIV/1 of 28 June 2002).  Directive No. 01/2001/CM/UEMOA.  Senegal has taken part in regional seminars on the following themes: trade and environment; the integrated database (IDB); the post-Doha Agenda; sanitary and phytosanitary measures; technical barriers to trade; the GATS; agriculture; regional integration; dispute settlement practices and procedures; market access; ϲʹ rules on safeguard, anti-dumping and countervailing measures; textiles; notifications; and the reference centre.  http://www.africa-union.org.  Article 96 of the 2001 Constitution.  The Charter establishing the OAU was signed on 25 May 1963. The Constitutive Act of the African Union was adopted at the summit of the Organization of African Unity (OAU) in July2000 in Lom (Togo). The African Union, which has now replaced the OAU, was proclaimed on 11July 2001 at Lusaka, in Zambia, after ratification of the Constitutive Act by more than 44 of the 53member States of the OAU.  African Union (2001).  http://www.ecowas.int.  The Treaty establishing the ECOWAS was signed on 28 May 1975. ECOWAS currently comprises 15 countries: Benin, Burkina Faso, Cape Verde, Cte dIvoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.  ϲʹ document WT/TPR/S/43-2 of 10 February 1998.  Group I (Burkina Faso, Cape Verde, Gambia, Guinea-Bissau, Mali and Niger) had a 10-year period for reduction at an annual rate of 10per cent for approved products. GroupII (Benin, Guinea, Liberia, Sierra Leone and Togo) had a period of eight years for reduction, at an annual rate of 12.5 per cent for approved products. Group III (Cte dIvoire, Ghana, Nigeria and Senegal) had a period of six years, with an annual rate of reduction of 16.6 per cent for approved products.  ϲʹ document WT/WGTI/W/22 of 26 January 1998.  http://allafrica.com/stories/200210270001.html [22 October 2002].  http://www.uemoa.int.  The WAEMU Treaty was signed on 11 January 1994 by Benin, Burkina Faso, Cte dIvoire, Mali, Niger, Senegal and Togo; Guinea-Bissau acceded to the Treaty on 1 January 1997. ϲʹ document WT/COMTD/N/11 of 3 February 2000.  ϲʹ document WT/COMTD/N/11 of 3 February 2000.  The WAEMU introduced a Convergence, Stability, Growth and Solidarity Pact in support of monetary union (Additional Act No. 4/99).  Article 4 of the WAEMU Treaty.  Additional Act No. 04/96, as amended by Additional Acts No. 01/97 and No. 04/98.  Reductions of 30 per cent in 1997, 40 per cent in 1998, 60 per cent in 1999, and 100 per cent in 2000.  Additional Protocol No. III establishing rules of origin for WAEMU products.  Directive No. 07/98/CM/UEMOA.  Directive No. 07/99/CM/UEMOA.  Directive No. 03/2000/CM/UEMOA.  Additional Act No. 3/2001.  Additional Act. No. 4/2001.  Additional Act No. 5/1999.  Decision No. 2/2001.  Decision No. 8/2000. The borders to be used for a pilot programme are those between Burkina Faso and Cte dIvoire and Togo, respectively.  Directives No. 5/97/CM/UEMOA, 6/97/CM/UEMOA, 4/98/CM/UEMOA, 5/98/CM/UEMOA and 6/98/CM/UEMOA, as amended.  Regulation No. 4/96/CM/UEMOA, as amended.  European Commission press release, IP/00/640.  ϲʹ document WT/MIN(01)/15 of 14 November 2001. The waiver granted by the ϲʹ (WT/L/186), which extended the waiver under ArticleI (MFN) of the GATT for the fourth Lom Convention between the ACP countries and the EEC (GATT documentL/7694), ended on 29 February 2000.  Directive No. 3/2000/CM/UEMOA.  EU Regulation 416/2001.  EU Regulation 2501/2001.  ϲʹ document WT/TPR/S/102-2 of 26 July 2002, p. 25.  GATT document TPR/S/41 of 4 January 1994.  MIGA (2002), Appendix tables, p. 88.  The information given in this section comes from the evaluation of the needs made under the Integrated Framework, but also from the Diagnostic Trade Integration Study and the Action Matrix.  GAINDE: Computerized Processing of Customs and Trade Information.  The reference centre was established by the Ministry of Trade in 1998 and has an electronic link to the ϲʹ. This allows officials, representatives of universities and business circles and other interested persons to obtain trade-related information and documents by consulting the ϲʹϒs database.  ϲʹ document WT/COMTD/W/104/Add.1/Rev.2 of 25 November 2002.  JITAP: Joint Integrated Technical Assistance Programme.  JITAP II (2003-2006)/Draft Programme document. The expanded JITAP covers Botswana, Cameroon, Malawi, Mali, Mauritania, Mozambique, Senegal and Zambia.  Senegal has participated in regional seminars on the following themes: trade and environment; the integrated database (IDB); the post-Doha Agenda; sanitary and phytosanitary measures; technical barriers to trade; the General Agreement on Trade in Services; agriculture; regional integration; dispute settlement practices and procedures; market access; ϲʹ rules; textiles; provisions on notifications; and the reference centre.  Source: ϲʹ Training Institute.  CICES: Senegal International Foreign Trade Centre.  IDPE: Economic Planning Institute.  The pilot programme commenced in May 2001 in three countries: Cambodia, Madagascar and Mauritania. It has been extended in the first instance to Eritrea, Lesotho, Malawi, Senegal and Yemen (WT/IFSC/W/9).  PRSP: Poverty Reduction Strategy Paper.  Integrated Framework, Diagnostic Trade Integration Study, Report on the National Validation Workshop, Dakar, 16December 2002. WT/TPR/S/119 Trade Policy Review Page  PAGE 32 Senegal WT/TPR/S/119 Page  PAGE 31 Page II. PAGE \* MERGEFORMAT 1  ##y(z(***2+2>3N33377g8h88899999??????BBBBDDEEEEiJjJ2M3MsMtMRNSNNNVOWOkOlORRSSVVXWYWXXYYZZ[[\\^^+_,_````>*CJ6CJ5CJCJ j0JU6[4=[ V VN! ##%''?*$00$$4=[ V VNȻzm`SF98  8  8  8  8   z8   z8   (8   (8   z8   z8   08   08   8  8  8 ! ##%''?**5+6+++++,,,,-.0Ÿ}zwtqnkheXK>8   8   8   =>8   8   98   9C8   Cg8   gh8   8  8   8   ?**5+6+++++,,,,-.0c1o11244789999$$d%d&d'd$`0c1o112447899999b::;_;;e<<<;===p>>@???˾}zwtqnkheb_\YVSPMLG!Yg9KL`8   `\8   \8   ]8   ]8   8   8  8   8   99b::;_;;e<<<;===p>>@??????@5BBBD?EcE$$d%d&d'd????@5BBBD?EcEHIJLLnOuQķuh[M@3^8  ' ^8  & 8   s8  % si8  $ i8  # 8  " $8   $18  ! 18  28   28   8   8   8   $KcEHIJLLnOuQYR{RRRSTTXY[mbbIe_h\klk n5nopq`uQYR{RRRSTTXY[mbbIe_h\klk̿}pbUH;-8   8  1 $8  0 $8  / 8   8  . 8  - 38  , 38  + 8   8  * 8  ) 8  8  8   W8  ( W`mmooVrWrmsns*tzt{ttttzzzzz{a{q{{{J||} }}}j~q~~Z[uv45FGxyWXYZߖ֗ח*+@AIJWX6B*CJ 6B*CJ@CJCJH*CJ5CJ j0JUWlk n5nopqqXrYr*t5tzt{ttttttttt uu2uOupuquuuuu}ytojfa\WSD  N  p            :  DE  op  x    8  5 &'@S8  4 S8  3 q8   q8  2 qqXrYr*t5tzt{tttttt~p$$99<($9$$44F &p#   $$99<<$ P$99<<$ P$$99<<$ P` tttt uu2uOupu {ffQ$$9(($ P$$99(($ P8$$4F &p#   $$9<($ P$$99<($ P"$$4p#%puquuuuuuVvqvrvvvwww(wOwPwwXǬP($9(($ P$99(($ P8$$4F &p#   uuVvqvrvvvwww(wOwPwwwwwwwxx@xbxwxxxxxxxxy}y~yyy~zupkgb]          CD  Y  u            ;  <=  d  ~            :      B  C"wwwwwwxx@xbxwxxxxxxxxy}y8p<8$$4F &p#   $9(($ P$99(($ P}y~yyyyyyz3zǰg(8$$4F &p#   $9(($ P$99(($ P8$$4F &p#   yyyyz3z4zLznzzzzzz{3{4{5{r{{{{{{{|||;|I|J|||½{uoid^Y                       -   .  /   s  t              \  ]^            -  `a  h 3z4zLznzzzzzz{3{@Ǥj"$$4p#%$$9(($ P$9(($ P$99(($ P8$$4F &p#   3{4{5{r{{{{{{{|||njk"$$4p#%$9(($ P$9(($ P$99(($ P8$$4F &p#   |;|I|J||||| }k"$$4p#%$9(($ P8$$4F &p#   $9(($ P$99(($ P||| }} }!}"}#}$}}}}}j~~#I\Cwyōſyk^QD8  ; 8  : 8  9 8   ;8  8 ;8  7 68   68  6     M                      ]        }} }!}"}#}$}}}}T0[8$$4F &p#   $9(($ P$99(($ P $$ P8$$4F &p#   }}j~~#I\CwyōHz[,B$   & F; hdh $ x  P  hP@ōHz[,B9:CDOW\hoy̿{vqlgb]XSOJE                        T_8  C X8  B XN8  A N8  @ 8  ? 8  > 8  = ;  ~8  < ~9:CDOW\hoyH $$x$ Q$$l trB>p#d88$$  $$$  $dh ˡ .nqruvz~1þ}xsol_R8  E 8  D                                           ;  }             ˡ .nqruvz~ $$x$ $$  $x$  $$$ 1g#`$ $dhx Q$$l trB>p#d88 $$$ çħAB dzȳ̴ʹEFq&')N|}~=>`aV3F;Uv+,VW|}!"D65 j0JU`g#GHMδpqк()Nʽvia^SFC@=8   -<  -]^8 E8  M E8  L 8   8  K 8  J  XYD~8  I ~N8  H N8  G 8   8  F GHMδpqк()NO~  & F<dh NO~VW3FG=µ{xuhebUHEB=8  8  w8  wx8  8   8   G8   G#8   #$P8   8   8   8   VW3FG=;UVv$;UVv# oUU_#Zx ƹsqnnnnnnnnnnnnnnnnnnnnnn 8   ޾8   ޾߾ 8    ;68   67Xx8   xy8   (8   8   +#+V|!D oUUDE opUVUV_`#$Z[x y     v w   tuWXYtvw01HIJ_ababtu6>* j0JU`_#Zx   v  tWv0Haatx   v  tWv0Haatp!>\y0KD !!."T"$#O####$$$$$$$*$,$.$/$0$1$2$\$]$^$8      Kpq!">?\]yz01KLDE  !!!!."/"T"U"$#%#O#P#####$$$$"$#$)$*$,$-$.$/$=$>$T$U$V$5mH jU j0JU^p!>\y0KD !!!."T"$#O###$$$$$.$/$0$1$2$4$X$"$$$$lD#$V$W$^$ jUX$Y$Z$[$\$]$^$'$$lD# 2 00&P P . A!"#n$%n0&P 1h. A!"#n$%n L [4@4Normal $ CJmH F@"F Heading 1$ & F8@& 5;F@2F Heading 2$ & F8@& 5:D@BD Heading 3$ & F8@& 5<@R< Heading 4 & F8@& h88 Heading 5 & F8@&6.. Heading 6 @&.. Heading 7 @&BB Heading 8 <@&6CJOJQJD D Heading 9 <@&56CJOJQJ<A@<Default Paragraph Font:B@: Body Text & F8 6@6Header$ "5CJ, ,Footer  !&)@!& Page Number4T24 Block Text>PB> Body Text 2 & F8 6QR6 Body Text 3  & F8LMbLBody Text First Indent  & F<Cr<Body Text Indent HNqHBody Text First Indent 2FRFBody Text Indent 2dDSDBody Text Indent 3 CJ4+4 Endnote TexthnH 8&@8Footnote ReferenceH*6@6 Footnote TextCJ* *Index 1 #.!. Index Heading$/$List 0(2(List 2 !0(3"(List 3 "(42(List 4 #p0(5B(List 5 $20R2 List Bullet % & F D6bD List Bullet 2& & F0 H7rH List Bullet 3' & F @H8H List Bullet 4( & Fp0 H9H List Bullet 5) & F 6D6 List Continue *>E>List Continue 2+:F:List Continue 3 ,>G>List Continue 4->H>List Continue 5.p0818 List Number/ & F. hD:D List Number 20 & F0 D;D List Number 31 & F D<"D List Number 42 & Fp0 D=2D List Number 53 & F 4ZB4 Plain Text4 CJOJQJ*JR*Subtitle5$@&<,<Table of Authorities6<#<Table of Figures 7 ,>,Title8$ 5;KH8V@8FollowedHyperlink>*B* ... TOA Heading:5@@TOC 1;$0 "9# ;mH::TOC 2<$0x " :88TOC 3=$0 "@JmH22TOC 4>$p0 " 88TOC 5?$0 (" mH**TOC 6 @$pCJ**TOC 7 A$LCJ**TOC 8 B$(CJ**TOC 9 C$CJ(U@A( Hyperlink>*B*\$R\Envelope AddressE&@ /+D CJOJQJ8Yb8 Document MapF-D OJQJ*r*Title 2G$>***Title 3H$666 Title CountryI$;FFTPR1st page titleJ$ 5CJ$KH$<<Tpr-Note 1st pageK&dy$&*./3g445>>@AAiF2IsIRJJVKkKNORXSTUVXZ+[\\ikVnmoZ||}u4FxWYߒ֓*@IWãA ǯ̰E&޿|=`^   !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKL '?j`%K S< bJo'?NF>`}] $!4"U"o""""##$D%%%X&(7(m((c))**q^   46aaa`DV$^$?*9cEqtpuw}y3z3{| }}!X$^$0?uQlkuy|ōNx ^$&-0QX[l!!!Y`xkpF/N/11111]2^2_2a2d266;;=====BB L L LLL\\\\\(^)^*^,^/^eerzuz:{;{>{FM29=>Aǿҿ -/6 " - \ _ ee`eaeyyyyjzjz55     " - 0 1 1 \ _ James7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docJames7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docJames7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docJames7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docJames6C:\TEMP\autorecover\AutoRecovery save of 03_4129eC.asdJames7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docJames7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docJames7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docJames7\\hudson20\MDrive\ReOffice\4129.3\E\Final\03_4129eC.docCostello.\\GAMA\DFSRoot\Common\#Lsdd\Pool\03_4129eC.doc|\3}4&2~1pkR0ҽ)v^(z',;&]9zUn n׎Mu B47 'z(f]<+/ >%rTQ%2-hct&EpqfHDvx.... OJQJo( OJQJo( OJQJo( OJQJo(hh. hhOJQJo(^`56o(hH.^`56o(hH. 0 ^ `0o(() @ @ ^@ `hH. ^`hH. L^`LhH. ^`hH. ^`hH. PLP^P`LhH..h()()h(a)h.h-0-0()0.0.0.0()h.0()p0p()()p@ ()ho(0o(()p0po(()p0po(-0o(()0o(()0o(-p0po(()@ 0@ o(()ho(. 0OJQJo(-.h()()h(a)h.h-0-0().()()h().-0-0().()()().-0-0()<222247 22222 >%~~}}||'z222247 22222 >%<~}|'z22u fHct&EUn ct&E,Z ct&ExZ ct&EZ 4<sssPJWv,Wv,@^ @GTimes New Roman5Symbol3& Arial?5 Courier New5& zTahoma#1h7 x7 x x#g*|!0dP1@PC:\Program Files\Microsoft Office\Templates\Publications\TPR-S-English(pool).dotRESTRICTEDCodefallaCostelloOh+'0  4 @ L Xdlt|RESTRICTEDCodeESTfallaCTallTPR-S-English(pool).dot Costellolis2stMicrosoft Word 8.0.@@bKX@Z^ZX@Z^ZX#՜.+,D՜.+,< hp|  ϲʹg1 RESTRICTEDCode Title8~ _PID_GUIDCountrySymbol1ChapterAN{711360E7-97E8-11D1-BD86-000629B04860}Senegal WT/TPR/S/119er 2T  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~Root Entry FlV}Xp~X1Table`9WordDocumentfSummaryInformation(DocumentSummaryInformation8CompObjjObjectPoolp~Xp~X  FMicrosoft Word Document MSWordDocWord.Document.89q