ࡱ> u@  nbjbj d"DZMZMZMMT.NH,NF$OpOOOoPIRRLtRƇ0boPoPbbOOfffbOOfbf^ff2|(oON 5CZMXe.o|0HRe\oo)SWtfs[7^S)S)S)S$%6;$tf"6;World Trade OrganizationRESTRICTED DOCPROPERTY "Symbol1" WT/TPR/S/131 24 May 2004 (04-2120)Trade Policy Review Body TRADE POLICY REVIEW DOCPROPERTY "Country"Benin Report by the Secretariat  This report, prepared for the Trade Policy Review of Benin, has been drawn up by the ϲʹ Secretariat on its own responsibility. The Secretariat has, as required by the Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), sought clarification from the Government of Benin on its trade policies and practices. Any technical questions arising from this report may be addressed to Mr Sergios Stamnas (022.739.5382) and Mr Carlos Perez del Castillo (022.739.5336). Document WT/TPR/G/131 contains the policy statement submitted by the Government of Benin.  ADVANCE \y 700  Note: This report is subject to restricted circulation and press embargo until the end of the meeting of the Trade Policy Review Body on DOCPROPERTY "Country" Benin. CONTENTS Page SUMMARY OBSERVATIONS vii (1) Economic Environment vii (2) Trade Policy Framework viii (3) Trade Policy Developments ix (4) Sectoral Policy Developments x (5) Outlook xi I. ECONOMIC ENVIRONMENT 1 (1) Overview 1 (2) Recent Economic Performance 1 (i) Growth, employment and poverty 1 (ii) Inflation 3 (iii) Monetary and exchange policy 3 (iv) Budget policy 5 (v) Transparency and governance 6 (3) Trends In Trade 7 (4) Outlook 10 II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 11 (1) Overview 11 (2) General Constitutional and Institutional Framework 11 (3) Structure of Trade Policy Formulation 13 (i) Executive 13 (ii) Advisory bodies 13 (4) Trade and Investment Policy 13 (i) Main features 13 (ii) Participation in the ϲʹ 14 (5) Trade Laws and Regulations 14 (6) Trade Agreements and Arrangements 15 (i) ϲʹ 15 (ii) Regional economic agreements 16 (7) Foreign Investment Regime 19 (i) Overview 19 (ii) Investment Code 20 (8) Industrial Free Zone Regime 24 ANNEX II.1 TRADE-RELATED TECHNICAL ASSISTANCE 26 Page III. TRADE POLICY BY MEASURE 29 (1) Overview 29 (2) Measures Directly Affecting Imports 30 (i) Customs formalities 30 (ii) Preshipment inspection, customs valuation and rules of origin 31 (iii) Tariff regime and other taxes affecting imports 34 (iv) Licences, prohibitions and other import controls 42 (v) Technical standards and accreditation procedures 43 (vi) Sanitary and phytosanitary measures 43 (vii) Contingency measures 45 (viii) State trading 45 (ix) Government procurement 48 (x) National content requirements 49 (3) Measures Directly Affecting Exports 49 (i) Official transit regime 49 (ii) Duties and taxes 50 (iii) Export prohibitions and controls 51 (iv) Export subsidies and promotion 51 (4) Measures Affecting Production And Trade 52 (i) Production support 52 (ii) Competition policy 53 (iii) Protection of intellectual property rights 54 IV. TRADE POLICY BY SECTOR 56 (1) Introduction 56 (2) Agriculture, Livestock And Forestry 57 (i) Overview 57 (ii) Agricultural policy 58 (iii) Measures affecting certain products 62 (iv) Forestry and wood products 65 (3) Mining And Quarrying And Energy 65 (i) Mining and quarrying 65 (ii) Energy 68 (4) Manufacturing 70 (5) Services 71 (i) Financial services 71 (ii) Telecommunications 72 (iii) Transport 73 (iv) Tourism 75 REFERENCES 77 APPENDIX TABLES 81 CHARTS Page I. ECONOMIC ENVIRONMENT I.1 Breakdown of trade in goods, 1998-2002 8 I.2 Destination and origin of trade in goods, 1998 and 200 9 I.3 Trend in intra-WAEMU exports, 1999 and 2001 10 III. TRADE POLICY BY MEASURE III.1 Share of customs duties and other levies in the value of imports and in total income, 1998-2002 36 III.2 Breakdown of customs duties, 1997 and 2003 (October) 37 III.3 Escalation of duties actually applied, 1997 and 2003 (October) 39 IV. TRADE POLICY BY SECTOR IV.1 Simple average of the tariff actually applied by HS section, 1997 and 2003 (October) 61 TABLES I. ECONOMIC ENVIRONMENT I.1 Basic economic indicators for Benin, 1997-2004 2 I.2 WAEMU convergence criteria, 1997-2003 3 I.3 Balance of payments, 1997-2004 6 II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES II.1 Status of notifications to the ϲʹ, April 2004 15 II.2 Criteria and benefits under the Investment Code 22 II.3 Definition of zones and term of the period of operations 22 II.4 Tax concessions under the Industrial Free Zone regime in Benin 25 III. TRADE POLICY BY MEASURE III.1 Breakdown of customs duties, rates actually applied and Benins final bound rates, 1997 and 2003 (October) 34 III.2 State intervention in the economy, 2004 46 III.3 Procedures for awarding government procurement contracts 49 III.4 Summary of taxes on exports, re-exports and goods in transit, 2004 50 III.5 Subjects and terms of protection under the revised Bangui Agreement (1999) 55 IV. TRADE POLICY BY SECTOR IV.1 Production of food crops and principal crops, 1997-2003 58 IV.2 Buffer stock of food crops, 1998-2003 58 IV.3 Producer purchase price (CFAF/kg) and international prices, 1997-2001 62 IV.4 Ginning of seed cotton, 1998-2003 63 IV.5 Types and characteristics of mining permits 67 IV.6 Price of electricity, July 2000 69 APPENDIX TABLES Page III. TRADE POLICY BY MEASURE AIII.1 Applied MFN tariff rates (customs duties plus main import taxes 83 and surcharges), by HS Chapter, October 2003 AIII.2 Tariff lines the applied MFN rate of which is higher than the bound level 88 for customs duties (excluding other duties and levies), (October 2003) SUMMARY OBSERVATIONS Since the first review of its trade policy in 1997, Benin, one of the poorest of the "least developed countries (LDCs)", has continued with its programme of commercial, structural and macroeconomic reform with support from various sectors of the international community. The reaffirmation of commitments on subregional economic integration within the West African Economic and Monetary Union (WAEMU), of which Benin is a founding member, together with the reform and action undertaken in the cotton subsector, a key activity in Benins economy, are some of the most notable features of the period under review. Problems of competitiveness caused by the cost of inputs such as energy, financing instruments, communications and transport, together with the tax burden, persist even though efforts are being made to encourage participation by the private sector and to enhance governance. Benins economic outlook still largely depends on performance in the cotton subsector and political and economic developments in neighbouring countries. Economic Environment Difficulties caused, inter alia, by macroeconomic imbalances and deep-rooted structural weaknesses, together with the decline and fluctuations in international prices for cotton, have meant that during the period under review Benins economy has moved ahead by fits and starts with real rates of GDP growth ranging between 4.6 and 6.7per cent. Nevertheless, since 1995, in the context of monetary and foreign exchange stability in the WAEMU subregion (the CFAfranc has been anchored to the euro since 1999), consumer price inflation has fallen sharply to controlled levels and since 2002 it has been below 3per cent, one of the convergence criteria laid down by the WAEMU. Although there was a slight fall in its share during the period under review, the primary sector accounts for over 33per cent of GDP and more than 95per cent of export earnings, a performance that is mainly due to cotton. The secondary sector is not very developed and represents less than 14per cent of GDP, while the tertiary sector, with a contribution of around 45per cent, only employs onethird of the working population. Benin adopted a national poverty reduction strategy in 2002, with the focus on its macroeconomic stabilization programme and structural reform, and this is supported through the Poverty Reduction and Growth Facility (PRGF) from the IMF. Its objectives include the control of government finance and more rapid structural reform (cotton subsector and public sector). In order to enhance governance, a new strategy to combat corruption was adopted in 2002 and the United Nations Convention against Corruption was signed in 2003. Under the Heavily Indebted Poor Countries Initiative (HIPC), since 2003 Benin has been given a reduction in its external debt. Since early 2004, the World Bank has been preparing a Diagnostic Trade Integration Study with the aim of making trade an integral part of Benins development strategy. Since the first review in 1997, budgetary deficits have increased despite the rise in revenue from import duty as a result, inter alia, of stronger tariff protection caused by the introduction of the Common External Tariff (CET) of the WAEMU. During the period under review, the deficit in the current balance was between 3 and 5per cent of GDP. The chronic deficit in the balance of goods and services has increased, mainly due to the decline in global cotton prices, the deterioration in the terms of trade and the increase in the value of imports (petroleum products, intermediate goods, capital goods, services); the obsolescence and low level of diversification in production, together with the practice whereby goods are imported with a view to re-export that is not properly recorded, have also been contributory factors. Benins exports are still as little diversified as at the time of the first review and the share of value-added products remains minimal; Benin depends on exports of cotton and primary products. On the other hand, the structure and destination of Benins products has changed with Africa and Asia (especially India) becoming the leading export markets, followed by the European Union (EU); trade with partners in the WAEMU and the Economic Community of West African States (ECOWAS) is moving ahead slowly. Benin depends on imports of manufactures and hydrocarbons and on the re-export trade. Nigeria is still an important partner as it is the destination for many products arriving in the port of Cotonou, even though the majority of bilateral trade is not officially recorded. The Investment Code remains unchanged. It gives tax concessions under certain conditions relating to content and ensures equal treatment for investors of any origin in the sectors covered; an Industrial Free Zone regime is being introduced. Nevertheless, foreign investment remains fairly modest. The State is continuing to withdraw from economic activity, in particular, through the privatization process in some sectors (for example, cotton, hydrocarbons, insurance, port of Cotonou and telecommunications), one of the objectives being to extend the scope of private investment. Trade Policy Framework Benin was a contracting party to the GATT (as of 12September 1963) and became a ϲʹ Member on 22February 1996. It grants at least MFN treatment to all ϲʹ Members and benefits from the "special and differential treatment" provided in the ϲʹ Agreements. As part of its participation in the work of the ϲʹ, Benin is one of the countries promoting the sectoral initiative in favour of cotton, which advocates the phasing out of domestic support for production, export subsidies for cotton, and the introduction of a financial mechanism to offset the losses suffered. Benins trade policy is part of the more general framework of the poverty reduction strategy, its commitments as a member of the WAEMU and the introduction of a common trade policy within the latter, while at the same time Benin remains attached to the multilateral trading system. Since 2001, the Ministry of Industry, Trade and Employment Promotion has been responsible for formulating trade policy. Since 1996, the WAEMU has gradually liberalized intra-community trade and has adopted a common trade policy; for some time the WAEMU has been examining the coordination of sectoral policies (for example, the Unions agricultural policy). The WAEMU Commission has responsibility for negotiating trade agreements; a non-preferential agreement on the development of trade and investment relations between the member States of the WAEMU and the United States of America was signed in 2002 and other agreements with third countries are being drawn up. Benin is also a member of the ECOWAS, whose members have given preferential treatment for the same products as those in the WAEMU since 1January 2004 and the creation of a customs union is planned for 2007. As an ACP country, Benin is actively pursuing the conclusion of an Economic Partnership Agreement (EPA) with the EU. It is also eligible for the trade preferences granted by the United States under the AGOA (African Growth and Opportunity Act) and the EUEverything but Arms initiative. Benin benefits from the JITAP (Joint Integrated Technical Assistance Programme/Programme Intgr Conjoint d'Assistance Technique), and more recently from the Integrated Framework. This has allowed Benin to receive trade-related technical assistance on several occasions since the last review, but its integration into the multilateral trading system is not complete (for example, problems in updating notifications). The action planned and that could be envisaged by the ϲʹ for Benin consists of trade policy courses in Geneva, regional trade policy courses, short trade policy courses on the Doha Development Agenda; workshops or seminars at the regional or subregional level on a number of issues, and negotiating techniques; meetings to promote awareness among parliamentarians; and various activities at ϲʹ headquarters. They will deal, inter alia, with issues identified by the authorities such as notifications, the implementation of the ϲʹ Agreements and the Doha Development Agenda. Trade Policy Developments The customs tariff has become Benins principal trade policy instrument, as well as the main revenue earner for the State. Following the introduction of the WAEMUs CET in 2000, products have been grouped into four major categories for the purposes of customs duties: 0, 5, 10 and 20per cent. In Benin, the average MFN rate actually applied (i.e. MFN rate plus other duties/taxes) has increased slightly from 13.7per cent (1997) to 14.6per cent (tariff of October 2003). Over 40per cent of tariff lines have been bound (tariff bindings made by France on behalf of French West Africa included); for 55per cent of the lines (fish, milk, soap, plastics, cotton, synthetic fibres, clothing, footwear, and electrical machinery and equipment) the level of MFN duty actually applied exceeds that of the bound tariff (excluding the binding of other duties and levies at 19per cent). The average customs duty on ϲʹ definition agricultural products (14.4per cent) is noticeably higher than the average duty on industrial products (11.7per cent). All the rates applied are ad valorem, which means that the tariff is quite transparent. The CET has lessened the dispersion of customs duties and has led to marked escalation for several categories of finished products, which is a reversal of previous national practice and is intended to reflect the new priorities of economic development policy at the subregional level. In addition to the CET, as a member of the WAEMU and the ECOWAS, Benin applies ad valorem duties and taxes to imports of products from outside the zone, for example, the statistical fee (WAEMU), the community solidarity levy (WAEMU) and the community levy (ECOWAS). Nevertheless, unlike other members of the WAEMU, Benin does not apply the special import tax nor the degressive protection tax. The levy on imports by the National Dockers Council is 33per cent higher than the levy on exports. Benin gave effect to the ϲʹ Agreement on Customs Valuation as of 1January 2003, in other words, two years after the expiry of the transitional period allowing application of the ϲʹ Customs Valuation Agreement to be deferred. It uses the transaction value and does not apply the reference values authorized within the WAEMU. Although customs clearance procedures have been computerized and the modernization of the customs has been under way since 2001, it appears that some difficulties remain concerning the time taken and the cost of customs formalities. Some goods (cement, pharmaceuticals and brand-name drugs, fertilizers) may only be imported by authorized importers (public or private) because of their special and/or strategic nature in order to ensure adequate supplies on the domestic market and guarantee the level of quality. In 2000, the Benin Standardization and Quality Control Centre started operations; the majority of standards in effect are for reference purposes and are based on international standards and/or those of countries in the subregion. For health reasons, there has been a ban on the import of turkey rumps and meat of bovine animals since 2000; similar measures applicable to poultry were being prepared in March 2004, The WAEMU has adopted a Community Anti-dumping Code applicable as of 1July 2004. The export of seed cotton, teak in the rough and charcoal has been prohibited since the first review; the ban on export of food crop products (for food security reasons) appears to have been lifted. Despite the elimination of export duties in 1993, a fiscal export levy on cocoa beans, crude petroleum and precious metals still appears to exist. In addition, certain taxes (statistical, road, stamp duty, etc.) are levied on an ad valorem basis (cumulative rates ranging from 0.85per cent (local products) to 18.1per cent (re-exports)) on goods exported, re-exported or in transit, providing some 20per cent of customs revenue. A value-added tax (VAT) of 18per cent is imposed on trade in the majority of goods and services, together with excise duty on local consumption (rates of 1 to 20per cent) on some specific items. Benin grants tax concessions for production under the Investment Code and following the introduction of the Industrial Free Zone regime; there are requirements on using products of national origin or from national sources and on priority to be given to Benin nationals for permanent jobs. Moreover, the WAEMU authorizes the non-application of the CET to imports of inputs taxed at a higher rate than certain finished products (many of a social nature). In order to protect consumers, the authorities have retained price controls for some sensitive products such as bread, school supplies, cement and petroleum products, as well as certain essential public services such as electricity and water. The State still participates in some strategic activities (for example, cotton fibre, wood, weaving, textiles, beverages, cement, electricity, telecommunications, transport infrastructure, and hotels). The legal framework for government procurement, given new implementing texts on various institutional and operational aspects in 1999, does not contain any preferences for enterprises under Beninese law. Draft legislation on competition policy and consumer protection is being prepared; within the WAEMU, a community policy on competition was adopted on 1January 2003 but is not yet applied. Benin, a member of the African Intellectual Property Organization (OAPI), has strengthened its legal framework for the protection of intellectual property rights by ratifying the revised version of the Bangui Agreement (1999) in 2003, two years after its entry into force. Sectoral Policy Developments In the agricultural, livestock and forestry sector, efforts have been made to give the State a role in providing support and facilitating the entry of other operators, but constraints on private sector involvement remain. The introduction of the CET has increased tariff protection for agricultural products to a greater degree than for non-agricultural products, resulting in tariff increases (MFN rate actually applied) of around 34per cent. The rates of customs duty on animal products (bovine animals, sheep, poultry, pigs, milk and eggs), fruit (mangoes, pineapples), coffee, cassava and cowpeas have increased while a customs duty of 5per cent has been introduced for rice, which was exempt from customs duty at the time of the first review. The State has a buffer stock of food crops and receives gifts of rice from Japan under its food aid programme. Currently, the indicative price of cashew nuts is determined by those involved in the subsector with arbitration by the authorities; the price of cotton, palm nuts and inputs are the subject of consultations within the profession before they are approved by the State. The cotton subsector is still the dominant activity and alone accounts for 13per cent of GDP and 77per cent of total exports; this explains the timid progress made in diversification. The far-reaching reforms undertaken in the subsector have, inter alia, led to liberalization of the marketing of seed cotton and cotton ginning and the abolition of the practice of fixing cotton prices for producers (until the 2001-2002 season); preparations are under way for the privatization of the State-owned National Agricultural Promotion Company (SONAPRA). As a result of the problems caused to global production by the support granted to cotton producers in certain countries involved in global cotton production, as is Benin, the ϲʹ organized a regional workshop on cotton in Cotonou in March 2004 to discuss the possibilities for financial and technical assistance to the countries concerned. Benin still depends on energy from abroad and this is a major constraint on the countrys development, as well as being a heavy burden on government finance; biomass is by far the most widely consumed energy. The State monopoly, belonging to the Benin Water and Electricity Company (SBEE), supplies cement works and breweries with electricity at rates that are considerably lower than those for other categories of consumer. Operators in the hydrocarbons sector are facing competition from illegal imports from Nigeria at much lower prices. Benin has considerable unexploited potential in mineral resources; in order to encourage investment in this sector, Benin has started to reform its mining legislation by drawing up a new Mining Code, although it is not yet in force. The cost of production factors and the market situation mean that manufacturing still mainly focuses on activities such as cotton processing and the cement industry, which are subject to special regulations, while small-scale activities, many of them in the informal sector, employ a high percentage of the population. Since 1997, in contrast to escalation, the level of tariff protection in the manufacturing sector has changed little and remains noticeably below the level granted in the agricultural sector; no other instrument to protect or support production appears to have been introduced. Since the last review, targeted efforts have been made to achieve the opening up of the services sector. The banking sector does not appear to have sufficient financing instruments wholly adapted to investors needs but continues to show signs of recovery and to confirm its generally healthy situation by a marked improvement in observance of prudential standards. The insurance sector appears to be open to competition; the obligation to insure imported goods with the State-owned National Insurance and Reinsurance Company (SONAR) was abolished when this company was liquidated. A new organizational and regulatory framework was drawn up in 2002 to enhance competitiveness in the telecommunications sector; the involvement of private operators has increased services in the mobile network, which appears to have lowered tariffs by between 20 and 40per cent; the State monopoly of the fixed network should be abolished by the end of 2005. Port handling was liberalized in 1997, but the port of Cotonou has not yet been able to overcome the malfunctioning that has so far affected it and consequently has not been able to take advantage of the crisis in Cte dIvoire. As regards shipping, it appears that the market has been liberalized following restructuring of the activities of the Benin Maritime Navigation Company (COBENAM). Since 1999, Benin has taken part in the Yamoussoukro Initiative for the application of an open skies agreement by stages in order to liberalize air transport of passengers and cargo. Benin only bound commitments for a limited number of sectors under the General Agreement on Trade in Services (GATS) and did not take part in the negotiations on basic telecommunications or financial services. Outlook Benins economic performance since the last review of its trade policy, together with the authorities commitment to pursue structural reform without delay, raises hopes that, despite the problems in the cotton subsector, these efforts will help to alleviate poverty and achieve sustainable growth. The national economy has been opened up not only to new economic operators from Benin in certain activities but also to regional trade, thus boosting competition. As an LDC, Benin can continue to receive technical assistance from its development partners. It has in fact received considerable assistance from the ϲʹ since the first review, although this has not always resulted in a satisfactory level of participation in the multilateral system. The negotiations under way in the ϲʹ could make a major contribution to the efforts of cotton-producing LDCs, including Benin. Nevertheless, the benefits which Benin could derive from access to markets at both regional and multilateral level, will not be fully realized until its economy is able to respond competitively to external demand. 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