ࡱ> ]_Z[\u@ ^pbjbj x6RRRDDb i i iili\b,^k^k^kkkk k k-//////R,$/9]kk]]/kkh]kk-]-,kRk C im:~0WPPtbbPkdTR ?kkk//bb4LbbLlegal and institutional framework for foreign trade and investment trade Overview Since 1998, when Burkina Faso first appeared before the Trade Policy Review Body (TPRB), the authorities have amended the Constitution in order to facilitate the transition to rotation of the presidency and have launched reforms of the government administration and the judicial system. The regulatory framework governing foreign trade and investment has changed little with the exception of new frameworks for government procurement and the protection of intellectual property; reform of the Investment Code should, however, be completed during 2004. The Burkina authorities are seeking to create a context that is favourable to export promotion in order to achieve the economic growth objectives set out in the PRSP. For example, access to subregional markets has improved following the introduction of the WAEMUs CET and the progress in the planned creation of a free-trade area. The integration process within the larger Economic Community of West African States (ECOWAS), to which Burkina Faso belongs, was revived and accelerated when negotiations were initiated with the European Union (EU) with a view to concluding an Economic Partnership Agreement (EPA). The regional integration efforts have extended to a number of other important domains in addition to trade policy. New structures have been established by the authorities of Burkina Faso since the first review in order to provide a better follow-up to the ϲʹ Agreements, coordinate technical assistance and participate in the Doha Development Agenda; a mission was opened in Geneva in January 2004. Nevertheless, Burkina Faso, as a least developed country (LDC) that has received technical assistance on several occasions since the first review, considers that its participation in the multilateral trading system is still unsatisfactory, especially as regards notifications, the implementation of certain ϲʹ Agreements and participation in the current negotiations. In order to make good this ongoing lacuna, a targeted, comprehensive and effective trade-related technical assistance programme could be envisaged (AnnexII.1). Burkinas authorities would like to see the establishment of the Integrated Framework (IF) in the near future in order to support the development of the countrys exports and so become better integrated in the multilateral trading system. General Constitutional, Legal And Institutional Framework Since the first review in 1998, the 1991 Constitution has been revised twice by means of a legislative act in order to sustain the transition towards rotation of the presidency. The President of Burkina Faso is the Head of State; he is elected by universal suffrage for a term of five years that is renewable only once. President Blaise Compaors current presidential mandate of seven years was renewed at the time of the elections held on 15November 1998. The President of the Republic appoints the Prime Minister and the other members of the Government on the latters proposal. The present Government took office on 10June 2002 and is made up of 30ministers. The latest census in 2000 showed that Burkina Fasos civil service comprised 37,000people. Reform of the civil service has been under way since 1998. Parliament consists of a single chamber, the National Assembly, which exercises legislative power. It considers legislation submitted by the Government or proposed by deputies and adopts laws, including the Finance Law Out of 111deputies, 90are elected on the basis of regional lists while 21are elected on the basis of a national list, the next parliamentary elections will take place in 2007. Laws adopted by the National Assembly are transmitted to the President, who enacts them, and they are then published in the Journal Officiel. The Government may request the National Assembly for authorization to adopt measures normally coming within the scope of ordinary law, bz issuing ordinances valid for a limited period Ordinances are adopted in the Council of Ministers after consulting the Constitutional Council; if the ordinance is not subsequently ratified, it becomes null and void. The President may also put to a referendum any draft law on any issue of national interest; there have been no such referendums since the last review in 1998. Judicial power belongs to four bodies: the Court of Cassation, the Council of State, the Court of Audit, and the Constitutional Court. Judicial power is entrusted to the judges; the Constitution proclaims the principle of independence of judicial power, even though the High Council of the Judiciary is chaired by the Head of State. The High Court of Justice, before which the President of Burkina Faso and the members of the Government are accountable for acts deemed to be crimes or offences in the exercise of their duties, was established on 4June 1998. The judicial system is currently being reformed with the aim of making it more relevant to the persons being tried and improving the current organization of the judiciary. Since 1998, Burkina Faso has been divided into a number of local government authorities and their financial autonomy is planned but not yet effective. The Economic and Social Council (CES) expresses its opinion on draft legislation, ordinances and decrees submitted to it, as well as on all issues of an economic or social nature. Since the first review of Burkina Faso in 1998, a new coordination structure has been created in the form of the Standing Consultative State/Private Sector Commission (CPCE/SP). This Commission expresses its opinion on the means to be used to promote the private sector, takes part in evaluating technical assistance and makes proposals to enhance the business climate. The Office of Ombudsman (Mdiateur du Faso) was created in 1994, and is intended to protect citizens against any inappropriate behaviour on the part of public authorities and ensure that they function effectively. It started to operate in 1999 and the majority of cases submitted to it (147 in 2002) relate to issues such as careers in the civil service and the allocation of land lots. Trade And Investment Policy Main features The Policy Letter on Development of the Private Sector of 2002 relates an analysis of the private sectors weaknesses to the main axes of government action: improving the legal environment for business; State withdrawal through privatization; building the capacity of enterprises; developing institutions in support of the private sector; encouraging the creation and protection of jobs; developing the mining sector; developing the potential of the agricultural, agro-industrial and livestock sectors; financing for the private sector; and development of infrastructure so as to lower the cost of inputs and transport. The Letter advocates the development of enterprises directed more to exports, particularly textiles (in order to develop the cotton subsector), meat and hides and skins (in order to develop livestock breeding activities), through regional integration. A programme to support competitiveness and development of enterprises (PACDE) supports these aims. Although the investment policy has not changed since the first review of Burkina Faso (see below), amendments could be adopted during 2004. The Government is also pursuing a privatization programme that attracts foreign direct investment: of the 88State enterprises listed in Burkina Faso in 1991 at the beginning of the privatization process, 26have been transferred to the private sector out of the43 to be taken over. The pace of privatization has slowed considerably in recent years but continued in 2004, mainly with the opening up of the capital of the National Telecommunications Board (ONATEL), the Burkina National Electricity Company (SONABEL) and the Burkina National Hydrocarbons Company (SONABHY), and the granting of a concession for the management of the international airports in Ouagadougou and Bobo-Dioulasso. Institutional framework The Minister for Trade, Industry and Crafts (hereinafter the Minister for Trade) is the person chiefly responsible for the drafting, evaluation and implementation of industrial, investment, handicrafts and trade policy. The Minister is currently in charge of the ϲʹ dossier and the trade component of ACP/EU relations. Since 1994, there has been a single window centre (CGU) in the Ministry of Trade, which deals with trade and investment formalities (see below). The Ministry of Finance and Budget also plays an important role in trade policy matters. It includes the General Customs Department and deals with government procurement. Its representative takes part in ministerial meetings of the franc zone, the WAMU and the WAEMU. It is also responsible for ACP/EU relations. The Burkina authorities have created three structures for Burkinas participation in the ϲʹ: - The National Unit for following up and coordinating the implementation of the ϲʹ Agreements (CNS/OMC), under the Minister for Trade, is responsible for coordinating the implementation of the project on following up the ϲʹ Agreements, - The Ministerial Committee for following up multilateral trade negotiations, set up in 2003 and chaired by the Minister for Trade, follows the Doha Development Agenda, - The National Committee to guide activities for implementation of the project on following up the ϲʹ Agreements (CNP) was established in 2000 under the JITAP and is under the authority of the Minister for Trade and the Minister for Finance and Budget. Its objective is to guide and coordinate the implementation of programme activities. The three main structures in support of enterprises are still the Chamber of Commerce, Industry and Crafts of Burkina Faso (CCIA-BF), the Burkina Dockers Council (CBC) and the National Foreign Trade Board (ONAC), which comes under the administrative supervision of the Ministry of Trade whose objective is to promote trade, especially Burkina Fasos exports. The ONAC carries out its task, inter alia, by collecting information on market access conditions, available on line through Trade Point, organizing and participating in trade events, developing rules and practices for international trade, and dealing with standardization-related matters (see below). Instruments International agreements and treaties International agreements and treaties are negotiated, signed and ratified by the President of the Republic. Trade agreements can only be ratified or approved by means of a law adopted by the National Assembly. It should be noted that it is only approval of the treaty or agreement that is the subject of a law and not the incorporation of its provisions. Treaties or agreements ratified (for example, the ϲʹ Agreement) take precedence over laws once they have been published in the Journal Officiel, provided that the agreement or treaty is applied by the other party. These acts take effect immediately as a law of the State of Burkina Faso and are automatically enforceable. Under this monism-type regime, the ϲʹ may be directly cited in legal proceedings, but this has not yet been the case. According to information provided by the Burkina authorities, only the act ratifying the ϲʹ Agreement was published in the Journal Officiel and not the text of the Agreement itself. This is usually the case for international agreements, including the revised Bangui Agreement (1999) of the African Intellectual Property Organization (OAPI). Economic operators and administrative officials are informed, however, of the provisions of international agreements in a number of ways. As regards the ϲʹ Agreement, its provisions are disseminated through the Reference Centre, seminars to promote and disseminate awareness organized by the National Unit for following up and coordinating the implementation of the ϲʹ Agreements. Trade in goods Burkina Fasos policy on trade in goods basically consists of implementing the instruments of the WAEMU (see below). These are, for example, MFN customs duties under the CET, supplementary duties and the preferential regime (ChapterIII(2)(ii)), as well as contingency measures (ChapterIII(2)(x)). The scope and levels of excise duty and VAT are determined in the Burkina Faso Tax Code, as revised by the 2003 Finance Law, in accordance with the regulatory framework established by the WAEMU. The general trade regime has not changed since the first review as regards prior import declarations (DPI), special import or export authorizations (ASI/ASE) and the issue of import visas for products subject to them (ChapterIII (2)(vii)). The Customs Code still applies except for the provisions that are contrary to the relevant WAEMU regulations. Burkina Faso has had an import inspection programme since 1992, which forms part of the administrative, customs and banking procedures to which imports are subject (ChapterIII (2)(ii)). A national conformity certificate (CNC) is still required for some goods destined for consumption in Burkina Faso (ChapterIII(2)(viii)), even though Burkina Faso still does not have any regulatory framework for standardization. The competition and pricing regime was amended in 2001 to give the National Competition and Consumption Commission a role in regulation and imposing penalties (ChapterIII(4)(ii)). The WAEMU regulatory framework on competition came into effect on 1January 2003 but is not yet being applied in the WAEMU member States (ChapterIV(4)(ii)). The rules on government procurement were revised in 2003 (ChapterIII(4)(iv)). Trade in services Burkina Faso has a two-tier policy on trade in services: regulations at the supranational level as a result of regional and subregional integration; and national regulations, which encompass all the aspects not covered in the supranational regulations. The banking services sector in Burkina Faso is subject to the WAEMUs common banking regulations and the prudential measures determined by the WAEMU Banking Commission, which also monitors the sector (ChapterIV(4)(iv)). In 1998, the West African Regional Stock Market (BRVM) was also created within the WAMU. The insurance market in Burkina Faso is governed by the Insurance Code of the Inter-African Insurance Market Conference (CIMA). Land and air transport are subject to common action within the WAEMU. The regulations governing the profession of trader, an indispensable activity for trade in goods and services, remains the same since the first review and foreigners still require an authorization in order to engage in a trade (Chapter III)2)(i)). 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 (see above), in particular for transport and telecommunications, which have been open to competition since 1998. Activities in other services sectors are provided by private operators, subject to the relevant commercial law and taxation provisions, etc. Protection of intellectual property Burkina Faso is a member of the African Intellectual Property Organization (OAPI), established by the Bangui Agreement (1977), which was revised in 1999 to bring it into line with the TRIPS Agreement. Burkina Faso ratified the Bangui Agreement (1999) on 8 June 2001. The revised Agreement, together with AnnexesI to VIII thereto, came into force on 28 February 2002 (ChapterIII(4)(i)), the OAPI Administrative Council has deferred the entry into force of AnnexesIX andX dealing, respectively, with layout-designs (topographies) of integrated circuits and new plant varieties for reasons of technical competence and the lack of the necessary infrastructure. For each of its member States, the OAPI serves as the national industrial property office and provides a common system of administrative procedures for registering rights. The National Industrial Property Department (DNPI) in the Ministry of Trade acts as the national liaison structure for the purposes of the Bangui Agreement. Burkina Faso adopted a new regime on copyright and related rights in 1999 in order to bring the national provisions into line with those of the revised Bangui Agreement (ChapterIII(4)(i)). The Burkina Copyright Office (BBDA) is responsible for collective administration in Burkina Faso. The national authorities are responsible for protecting intellectual property rights. In addition to the DNPI and the BBDA, the customs, the police and the judicial system, etc., have responsibilities in this respect. Investment The legal regime governing investment in Burkina Faso has not changed since 1997; according to the Burkina authorities, the Investment Code is currently being revised and work should be completed in 2004. Between 1995 and 2003, the Investment Code provided the framework for 205projects and investment of CFAF333billion, the creation of 6,500jobs and value added of CFAF813billion. The Code is being revised in order to clarify its provisions, expand the scope of the incentives and their nature in order to attract foreign direct investment and national investment. In addition to the ordinary law regime, the current Investment Code includes six privileged regimes applicable to enterprises engaged in producing, conserving and processing goods; enterprises providing health, hotel and tourism services, construction and public works, communications and cinemas, sanitation, industrial maintenance, transport, and intellectual and/or technical expertise; and export enterprises. Enterprises engaged in mining exploration and operations are governed by the Mining Code (ChapterIV(3)(iv)). In general, Burkina Faso has held to the principle that the concessions granted correspond to the amount of the investment and the number of jobs created for its citizens (TableII.1). One exception is the export enterprise regime, under which enterprises that export at least 80per cent of their production are eligible for concessions (production sold on the domestic market is subject to payment of import duties). These enterprises can obtain concessions as regards customs duties and domestic taxes on equipment during the start-up period, as well as total exemption from duties, taxes and levies during the first seven years of operation and a reduction after this period has expired. One other special provision in the Code concerns enterprises that are expanding and use local materials amounting to at least 50per cent of all the raw materials directly utilized in production. They are permanently exempt from the business tax and receive a reduction of 50per cent in import duty on production equipment and spare parts. According to the data provided by the Burkina authorities, 23projects were approved under the Investment Code in 2003 (16 production projects and seven services projects), and the revenue lost was some CFAF26billion. Table II.1 Investment Code privileged regimes Approval regimeActivity approvedInvestment required (CFAF)Number of permanent jobs to be createdStart-up benefitsOperating benefitsFull exemption50 per cent reductionRegime AProject for an enterprise engaged in producing, preserving or processing Less than 20,000,000 At least 3Payment of customs duty in Category I of the Customs Tariff at a rate of 5per cent on equipment including the first set of spare parts. Full exemption from domestic taxation on local equipment.IBIC, IMFPIC for five years. Business tax for two years. Business tax for three years after full exemption. Regime BProject for an enterprise engaged in producing, preserving or processingAt least 20,000,000 At least 7Payment of customs duty in Category I of the Customs Tariff at a rate of 5per cent on equipment including the first set of spare parts. Full exemption from domestic taxation on local equipment.IBIC, IRVM, TPA, TBM, IMFPIC for five years Business tax for two years. IBIC, IRVM, TPA, TBM, IMFPIC for five years after full exemption Regime CProject for an enterprise engaged in producing preserving or processing At least 500,000,000 At least 50Payment of customs duty in Category I of the Customs Tariff at a rate of 5per cent on equipment including the first set of spare parts. Full exemption from domestic taxation on local equipment.IBIC, IRVM, TPA, TBM, IMFPIC for six years. Fiscal regime unchanged during the period of approvalIBIC, IRVM, TPA, TBM, IMFPIC for three years after full exemption for six years Regime DProject for an enterprise supplying servicesAt least 10,000,000 At least 7Payment of customs duty in Category I of the Customs Tariff at a rate of 5per cent on equipment including the first set of spare parts. Full exemption from domestic taxation on local equipment.IBIC, IRVM, TPA, TBM, IMFPIC for five years. Regime EProject for an enterprise supplying servicesAt least 500,000,000At least 30Payment of customs duty in Category I of the Customs Tariff at a rate of 5per cent on equipment including the first set of spare parts. Full exemption from domestic taxation on local equipment.IBIC, IRVM, TPA, TBM, IMFPIC for six years. Regime for export enterprisesNew enterprises engaged solely in exportPayment of customs duty in Category I of the Customs Tariff at a rate of 5per cent on equipment including the first set of spare parts. Full exemption from domestic taxation on local equipment.Full exemption for the first seven financial years from all duties, taxes and levies related to the enterprises work and directly payable by the enterprise.Standing reduction of 50per cent on all duties, taxes and levies resulting from their activities and directly payable by them after expiry of the period. Such enterprises may sell 20 per cent of their production on the domestic market, subject to payment of the duties and levies on imports of like products. Note: The concessions granted under the various regimes do not cover office equipment, computer equipment, air-conditioning appliances and fuel. Exemptions related to operations are effective as of the date of start-up of the activities recorded in an order by the Ministry responsible for industry. Source: Information provided by the Burkina authorities. The following guarantees are given to foreign investors: the right to transfer capital and their income; settlement of disputes through consultation, arbitration or proceedings before international bodies (International Centre for Settlement of Investment Disputes (ICSID)). BurkinaFaso has signed some dozen bilateral agreements on investment. It also signed a non-double taxation agreement with France in June 1971. Burkina Faso has been a member of the Treaty establishing the Multilateral Investment Guarantee Agency (MIGA) since 1996. The formalities required in order to obtain an authorization to engage in activities and approval under the Code have not changed since the first review. According to the Codes provisions, any industrial investment requires prior authorization from the Minister for Trade. Enterprises wishing to take advantage of a privileged regime must send an application for approval to the CGU (Centre Single Window) whose contents are determined in a decree. The only essential criterion for regimesA, B, C, D and E is a cumulative rate of value added that is equal to or higher than 25per cent of cumulative turnover over fiveyears. The average length of time needed to deal with applications for approval is 45days. The National Investment Commission decides on eligibility for the concessions in the Investment Code and there is no appeals procedure if approval is refused. The main features of the revision of the Investment Code are clearer definitions (of the term capital for example), the creation of a new regime to cover expansion of activities, full relief from customs duties and taxes on the equipment and materials needed to put up buildings in order to start production, the inclusion of computer equipment in production equipment, and a regime that is more favourable to export enterprises. The latter amendment concerns in particular an extension of the period of exemption from seven to 10 years with the objective of attracting investors in order to develop use of local raw materials with a view to export. It should be noted that Burkina Fasos adoption of the seven uniform acts of the Organization for the Harmonization of Business Law in Africa (OHADA) has led to a quasi-general revision of commercial law texts since 1998. Trade Policy Framework Agreements ϲʹ Multilateral agreements Burkina Faso, as a Contracting Party to the GATT (as of 3 May 1963), became a ϲʹ Member on 3June 1995. It is recognized to be a least developed country (LDC). Burkina Faso is not party to any plurilateral agreement. During the Uruguay Round, Burkina Faso bound customs duties applicable to the majority of agricultural products at a ceiling of 100per cent except for the goods previously included in ScheduleXLVI of the GATT 1947 and those applicable to products in Chapters45, 46, 47 and 49 of the Harmonized System (ChapterIII(2)(iv)(b)). The other duties and taxes on imports of these products were bound at 50per cent. Burkina Faso has, however, inherited the tariff bindings made by France on behalf of French West Africa (AOF) during the colonial era. The Government of Burkina Faso has given its agreement to the incorporation of its tariff data, compiled by the Secretariat when preparing the review of its trade policy, into the Integrated Database (IDB); previously, Burkina Faso had never submitted tariff or statistical data on imports for the Integrated Database (ChapterIII). Burkina Faso appears to have encountered some problems as regards updating its notifications (TableII.2). Table II.2 Selected ϲʹ documents relevant to Burkina Faso, March 2004 Agreementϲʹ documentContentMultilateral agreements on trade in goodsGATT 1994Schedule XLVI Burkina Faso of 15 April1994Tariff concessionsAgreement on Implementation of ArticleVII of the GATT 1994WT/LET/19 of 15June1995 G/VAL/N/1/BFA/1 of 30 October 2002Implementation deferred Reference valuesAgreement on Implementation of ArticleVI of the GATT 1994G/ADP/N/78/Add.5 of 12 October 2001 G/ADP/N/1/BFA/1 of 24 September 1997Absence of anti-dumping measures Absence of laws and regulationsAgreement on Preshipment InspectionG/PSI/N/1/Add.5 of 3 February 1997Laws and regulationsAgreement on AgricultureG/AG/N/BFA/1 of 19 September 1997 G/AG/N/BFA/2 of 19 September 1997 G/AG/N/BFA/3 of 11 January 2001Absence of export subsidies Absence of assistance programme or food aid Absence of export subsidiesAgreement on Subsidies and Countervailing MeasuresG/SCM/N/3/BFA, G/SCM/N/16/BFA, G/SCM/N/25/BFA of 2 September 1997 G/SCM/N/68/Add.1/Rev.3 of 18 October 2002Absence of subsidies to be notified Absence of countervailing measuresAgreement on Rules of OriginG/RO/N/19 of 23 January 1998Non-preferential and preferential regimesAgreement on Import Licensing ProceduresG/LIC/N/1/BFA/1 of 10 February 1997 G/LIC/N/3/BFA/1 of 11 February 1997 and Add.1 of 18 December 2000Laws and regulations Replies to questionnaireGeneral Agreement on Trade in ServicesGATS/SC/14 of 15 April 1994Schedule of specific commitments on servicesEnabling ClauseWT/COMTD/N/11 of 3 February 2000, WT/COMTD/N/11/Add.1 of 2 March 2001a WT/COMTD/N/11/Add.2 of 22 August 2001 WT/COMTD/N/11/Add.2/Corr.1 of 26 March 2002West African Economic and Monetary Union (WAEMU)a Notified by Burkina Faso. Source: ϲʹ Secretariat. Burkina Faso also has problems in applying the Agreement on Implementation of ArticleVII of the General Agreement on Tariffs and Trade 1994 (Customs Valuation Agreement). At the time of the first review in 1998, the authorities had invoked the provisions on special and differential treatment in favour of developing countries to defer its implementation until 2000. In 2002, Burkina Faso then notified the ϲʹ Members of the WAEMU regulations on customs valuation, and gave a national list of reference values affecting 33tariff lines (for example, sugar, refined vegetable oils, cigarettes) not originating in WAEMU countries (ChapterIII(2)(iii)). An approach is currently being made to the Committee for the maintenance of minimum values. Burkina Fasos Schedule of Specific Commitments under the GATS (GATS/SC/14) concerns only tourism-related services (ChapterIV(4)(iii)); Burkina Faso did not take part in the negotiations on basic telecommunications services, which ended in 1997, or in those on financial services, which terminated in 1998. Burkina Faso has no final list of ArticleII (MFN) exemptions under the GATS. Since 1995, Burkina Faso has applied the transitional provisions allowed under Article66 of the TRIPS Agreement (which apply to LDCs) in order to defer full implementation of the Agreement until 2006 (with the exception of Articles3, 4 and 5). It has not yet notified the revised Bangui Agreement and AnnexesI to VIII thereto, which entered into force on 28February 2002, but the authorities have the intention of doing so. Participation in ϲʹ activities The member States of the WAEMU, including Burkina Faso, are gradually adopting a common trade policy (CTP), which they also intend to apply within the ϲʹ. Burkina Faso therefore supports the request made by the WAEMU Commission to become an observer at the ϲʹ. As far as the multilateral negotiations under the Doha Development Agenda are concerned, the member States of the WAEMU have adopted common positions on many issues, particularly with regard to the subsidies given by some ϲʹ Members for cotton, which was the subject of a proposal at the Cancn Ministerial Conference. The absence of a mission in Geneva was for a long time an obstacle to Burkina Fasos participation in the ϲʹϒs activities, but an office was set up in January 2004. Burkina Faso is eligible to participate in the ϲʹ trade policy courses and has received technical assistance from the ϲʹ. Further trade-related technical assistance could be envisaged (AnnexII.1) and the Burkina authorities would like to benefit from the redefined Integrated Framework. Regional economic agreements African Union The achievement of African unity is one of Burkina Fasos fundamental objectives. BurkinaFaso is a founding member of the African Union, which replaced the Organization of African Unity (OAU). Ultimately, the African Union will be an economic and monetary union with the following institutions in addition to the Conference of Heads of State and Government and the Council of Ministers: the Peace and Security Council (protocol being ratified), the Commission (created in July 2003), the Pan-African Parliament (protocol being ratified), a central bank, a monetary fund, the African Investment Bank, the Court of Justice (statute prepared), the Economic, Social and Cultural Council (statute prepared), and technical commissions. Economic Community of West African States (ECOWAS) Burkina Faso is a founding member of the ECOWAS, whose Treaty was revised in 1993 in order to revive the economic integration process. Following this revision, the institutional framework of the ECOWAS provides for the following in addition to the Conference of Heads of State and Government and the Council of Ministers: the Parliament, the Economic and Social Council (under preparation) the Court of Justice, the Executive Secretariat, the Bank for Investment and Development, the Central Bank (West African Monetary Institute, predecessor of the Central Bank, created in 2001) and technical commissions. Another objective of the 1993 revision of the Treaty was the establishment of a customs union in 2000, followed by the creation of an economic and monetary union in 2004. The timetable for the customs union has not been respected, even though a review of the single trade liberalization scheme (TLS) has been decided, providing for the gradual lifting of tariff barriers on industrial products originating in the ECOWAS. The achievement of monetary union has been deferred until a later date. In 2000, the Executive Secretariat of the ECOWAS noted that [t]he non-application of the trade liberalisation scheme constitutes the most glaring failure for ECOWAS and indicated that intra-community trade only accounted for 11per cent of members total trade. In order to turn the situation around, in 1999 the economic integration process was given renewed impetus. The progress made relates in particular to the establishment of a mechanism to compensate for the loss of customs revenue caused by the preferential regime, harmonized with that of the WAEMU. Less progress has been made in introducing the CET of the ECOWAS. The new timetable for the TLS includes creation of a free-trade area as of 1 January 2004 and a customs union by 2007. The intra-community preferences granted by member States of the ECOWAS concern local products and traditional handicrafts, as well as the approved industrial products, in line with the model defined by the WAEMU (see below). Together with the WAEMU Commission, the ECOWAS is involved in negotiations with the EU on the conclusion of an Economic Partnership Agreement (EPA) (see below). The ECOWAS is also the focal point for the implementation of the New Partnership for Africas Development (NEPAD) project launched at the Lusaka summit in 2001. In cooperation with donors, the ECOWAS has launched many projects to complete the communications, energy, transport and tourism networks in the subregion and make them inter-operational. The main achievements are the trans-Saharan and trans-coastal common networks and standards for classifying tourist accommodation. The ECOWAS is also responsible for settling disputes in the subregion (for example, in Cte dIvoire, Liberia and Guinea-Bissau). West African Economic and Monetary Union (WAEMU) Burkina Faso is a founding member of the WAEMU, whose institutions 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 member States of the WAEMU also belong to ECOWAS (see above), whose geographical scope is broader. The WAEMU complements the WAMU by an economic integration component and incorporates its provisions (Chapter I(3)(ii). The main objectives of the WAEMU are: (i)convergence of the economic performance and policies of member States through the establishment of a multilateral monitoring procedure, (ii)creation of a common market; (iii)coordination of sectoral policies; and (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. The WAEMU has gradually liberalized trade (BoxII.1). The preferential regime allows local products and traditional handicrafts originating in member States to enter free of duty (since 1July 1996), as well as approved industrial products originating in the Union (since 1January 2000). Products not originating in the Union are subject to the CET, introduced on 1January 2000, on the basis of a common tariff and statistical nomenclature and a common regime for customs valuation of goods. Supplementary duties are also imposed on a permanent basis: a statistical fee (RS) and a community solidarity levy (PCS). The PCS finances the fund to offset the loss of customs revenue caused by application of the preferential regime, which will end in 2005. In addition, imported goods may also be subject to the special import tax (TCI) or the degressive protection tax (TDP); the TDP should have expired at the end of 2002 but was renewed in 2003 and then again until 2005. Burkina Faso applies a TDP of around 5per cent on refined vegetable oils, sugar, cigarettes, matches, propylene bags and batteries. The harmonization of domestic tax legislation in member States also applies to indirect taxes. According to the information provided to the Secretariat by the WAEMU Commission, Burkina Faso has implemented all the measures adopted, but the Commission notes that the national conformity certificate constitutes a trade barrier. Box II.1: Main trade-related instruments of the WAEMU Additional Act No. 4/96 establishing a preferential tariff regime for trade within the WAEMU; Additional Act No. 4/98 establishing a common preferential tax on industrial products of origin; 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. 14/98/CM/UEMOA defining the conditions under which member States of the WAEMU are authorized to adopt safeguard measures; 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 Act No.6/99 establishing a financial compensation mechanism within the WAEMU; Additional Protocol No. III/2001 establishing rules of origin for WAEMU products; Directive No. 6/2001/CM/UEMOA on harmonization of taxation of petroleum products within the WAEMU; Regulation No. 9/2001/CM/UEMOA on adoption of the WAEMU Customs Code (BookI: Organizational framework, customs procedures and regimes); and Regulation No. 9/2003/CM/UEMOA on the Community Anti-dumping Code. Source: www.uemoa.int [15 March 2004] In addition to the CET, the WAEMU member States are gradually adopting a CTP vis--vis third countries and within the ϲʹ (see above). 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 on 24April 2002. Other agreements between the WAEMU and third countries are under preparation: Algeria, Egypt, Lebanon, Morocco and Tunisia. While awaiting their conclusion, Burkina Fasos bilateral trade agreements remain in effect. The WAEMU Commission is cooperating with the ECOWAS Executive Secretariat in the negotiations with the EU with a view to concluding an Economic Partnership Agreement (EPA) (see below). With regard to the coordination of national sectoral policies, the WAEMU has adopted common policies in the following areas: agriculture, energy and industry. The operating procedures for the Unions agricultural policy (PAU) should be finalized soon. The protection granted to agricultural products by the CET, which is relatively higher than that granted for non-agricultural products, may be increased. Regarding transport, which is a key aspect for the development of intra-community trade, a common strategy and a road infrastructure network within the WAEMU have been adopted and put before donors. A common programme on the building of checkpoints on the borders between member States has been adopted and its implementation appears to be under way. The harmonization of domestic tax legislation in member States has also made progress as regards advances on tax on industrial and commercial profits (BIC), the legal, accounting and statistical framework for government finance, accounting legislation (SYSCOA) and the regional financial market. The WAEMU has recently introduced a common policy on competition, which came into effect on 1January 2003, but is not applied in member States (ChapterIII(4)(iv)). A draft WAEMU Investment Charter has not been adopted for lack of agreement on the concessions to be granted for approved projects. ACP-EU Partnership Agreement Burkina Faso is one of the 77 ACP countries with which the EU has signed a Partnership Agreement, which provisionally entered into force on 1March 2000. Trade provisions are one of the mechanisms for cooperation between the ACP countries and the EU. The latter allows industrial products and processed agricultural products originating in 76 ACP countries (except South Africa) to enter duty-free without reciprocity. Burkina Faso also benefits from the compensation granted under the COM-STABEX mechanism for cotton, hides and skins, sesame, beans, shea nuts and mangoes. The ϲʹ Members have granted the EU a waiver from its obligations under ArticleI.1 of the GATT 1994 (concerning MFN treatment) for the period 1March 2000 to 31December 2007, by which time new trading arrangements consistent with the ϲʹϒs rules must have been concluded. Under the Cotonou Agreement, these arrangements will be in the form of an Economic Partnership Agreement between the EU and various regional groups. The EU initiated the negotiations on 27September 2002. The first phase involved all the ACP countries and the EU and dealt with horizontal issues of interest to all parties; the second phase began with the launching of negotiations with the Central African Economic and Monetary Community (CEMAC) on 4October 2003 and with West African countries, represented by the ECOWAS, in collaboration with the WAEMU, on 6October 2003. The EU considers that the negotiations on the Economic Partnership Agreement will strengthen the regional integration process within the ECOWAS. The EU supports the participation of West African countries through a 20million capacity-building programme. The ECOWAS has also obtained from the European Development Fund (EDF) financing for studies to assess the impact of the Economic Partnership Agreement on the economies of member States. In this connection, one of the consequences of the creation of a free-trade area between the EU and West African countries at the conclusion of the transitional period the year 2020 at the latest will be the elimination of customs duties on products of EU origin covered by the EPA and the resulting loss of tax revenue. The member States of the ECOWAS have requested EU financing to cover this loss during a transitional period. At the ECOWAS ministerial meeting held in Accra in April 2003, the ministers requested the EU to provide additional resources in order to allow the West African region to meet the cost of adjusting its economy. ANNEX II.1: TRADE-RELATED TECHNICAL ASSISTANCE Overview Burkina Faso participates in the Integrated Framework (IF) process initiated in 1997. Although it is not yet one of the LDCs participating in the redefined IF, the authorities hope to achieve this objective in the near future. As originally envisaged in the IF, Burkina Faso has undertaken an assessment in order to define its trade-related technical assistance needs and be given an integrated response. At the same time, Burkina Faso has participated in the JITAP (Joint Integrated Technical Assistance Programme/Programme Intgr Conjoint d'Assistance Technique), initiated in Burkina Faso in 1999, for which the implementing agencies are the International Trade Centre (ITC), the United Nations Conference on Trade and Development (UNCTAD), and the ϲʹ. JITAPI was implemented in Burkina Faso as of 1999 and JITAPII since 2003. The JITAP, together with the action taken by the ϲʹ to assist Burkina Faso outside the programme, have three main objectives: (i)the building of national capacity to understand the multilateral trading system; (ii)assistance in bringing domestic legislation into conformity; and (iii)helping to boost exports. The main achievement of these activities is the raising of awareness, both within the Executive and among journalists, academics and economic actors. Regarding the activities under way, it should be noted that JITAP PhaseII came into effect in February 2003. The ϲʹ has also planned a number of activities to assist Burkina Faso in 2004 and future activities are envisaged. These focus on the following four main aspects: development of human resources; building of institutional capacity; support for the implementation of the ϲʹ Agreements; and support for participation by the authorities in the Doha Development Agenda (DDA). For their part, the Burkina authorities decided to establish a mission in Geneva in January 2004 so as to be better able to follow the activities of the ϲʹ. The development of international trade in Burkina Faso is also supported at the national level, the regional level (WAEMU and ECOWAS), by several development partners such as United Nations organizations (UNDP, FAO), the World Bank, the European Union, the Agence intergouvernementale de la Francophonie (the Intergovernmental Francophone Agency), the Agence franaise de dveloppement (French Development Agency), and other bilateral partners. A number of activities are also implemented by non-governmental bodies (NGOs, charities). Action Carried Out By The Wto Since 1995 The JITAP has helped in setting up a new interministerial structure to follow up ϲʹ-related issues (see section (3)(ii)), in which the private sector is involved. The objective of the activities carried out under the JITAP framework and those carried out by the ϲʹ is to ensure the effective functioning of these new structures as regards notifications to the ϲʹ, implementation of the ϲʹ Agreements, and participation in the Doha Development Agenda. Regarding the latter, the aim is to gain a better understanding of the issues, a clearer vision of the national objectives and to formulate a negotiating strategy. As a result of JITAP action in the area of customs, Burkina Faso has been able to adapt a number of legislative and regulatory texts to the ϲʹϒs provisions and envisage the updating of computer tools (ASYCUDA). The JITAP has also helped in drawing up a strategy for the promotion of goods exports , even though this is not incorporated in the Poverty Reduction Strategy Paper (PRSP). Training of economic operators has been directed towards market access and adapting the offer to the markets needs. Manuals on export and export financing issues have been drawn up for economic operators. Standardization activities (FASONORM) have also received support. These actions make the ONAC more effective when providing support to economic operators (for example, trade information disseminated on its Internet site Trade Point). Between January 1998 and December 2003, officials from Burkina Faso took part in 22seminars, 22workshops and 12regional training courses, as well as 38other activities organized by the ϲʹ relating to various aspects of the multilateral trading system. Over the same period, in addition to eight ϲʹ technical missions to Ouagadougou, two seminars and four national workshops were organized on the spot to cover other relevant subjects such as the DDA, customs valuation and the JITAP. Seven officials took part in the trade policy courses organized by the ϲʹϒs Training Institute in Geneva. As regards support infrastructures, two reference centres have been set up and are operating: one for official users (in the premises of the Ministry responsible for trade), and a second centre for private operators (in the documentation service of the ONAC). Action Planned By The ϲʹ For 2004 The ϲʹ has included several activities for Burkina Faso in its 2004 Technical Assistance and Training Plan, which provides for participation by Burkina nationals in the following activities: 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; negotiating techniques; meetings to promote awareness among parliamentarians; and various activities at ϲʹ headquarters. Action That Could Be Taken By The ϲʹ The authorities are seeking to strengthen and boost the action taken so far on understanding of the multilateral trading system among trainers and international trade experts. It is mainly a question of continuing the training courses, the trade policy courses and technical meetings. In Burkina Faso, priority action would consist of an information day on the multilateral trading system aimed at the Ministerial Committee for following up multilateral trade negotiations in order to build Burkina Fasos capacity as regards negotiations under the Doha Agenda; a national seminar on services so as to build its capacity to prepare initial requests and offers; and a technical workshop on notifications so as to make good Burkina Fasos lacuna in this area. Another type of action would target support for reference centres. As regards those already established, needs relate to maintaining equipment, training users, and updating and expanding the documentary base in the centres. The Burkina authorities would like to see the creation of a reference centre in the University of Ouagadougou in order to disseminate information on the multilateral trading system among academics and students more effectively.  The current Constitution was adopted by referendum on 2 June 1991 and enacted by Kiti (law) No.ANVIII330/FP/PRES of 11 June 1991. This text has been revised three times: Law No. 002/97/ADP of 27January 1997; Law No. 003-2000/AN of 11 April 2000; and Law No. 002-2002/AN of 22 January 2002.  The 2000 revision brought in a five-year term, renewable once only, which will come into effect at the next elections planned for 2005.  Decree No. 2002-205/PRES/PM of 10 June 2002.  Law No. 10/98/AN of 21 April 1998; Law No. 13/98/AN of 28 April 1998; Law No. 20/98/AN of 5 May 1998.  The 2002 revision of the Constitution did away with the House of Representatives, which had an advisory role.  Pursuant to the 2000 revision of the Constitution proposals and amendments concerning the Finance Law submitted by deputies shall be inadmissible when the result of their adoption would either decrease government resources or would create or increase government expenditure unless they are accompanied by a corresponding proposal to increase revenue or effect savings.  This change in the voting procedure will only come into effect at the next elections.  The Journal Officiel is available on line at http://www.legiburkina.bf/.  Since 1992, three enabling laws have been adopted (in 1992, 1993 and 1997).  The 2000 revision of the Constitution did away with the Supreme Court, formerly composed of four chambers (administrative, constitutional, judicial and audit).  The 2000 revision of the Constitution strengthened the role of the High Court of Justice by empowering it to judge acts committed by the President of Burkina Faso in the exercise of his functions and constituting high treason, action to undermine the Constitution, or misappropriation of public funds.  Law No. 041/98/AN.  Available [on line] at http://www.ces.gov.bf/.  Law No. 22/94/ADP of 17 May 1994.  Available [on line] at http://www.mediateur.gov.bf/.  Drawn up by the Minister for Trade, Industry and Crafts and adopted on 31 July 2002 by the Council of Ministers. Journal Officiel No. 40, 2002. See also the Industrial Development Strategy adopted in 1998 and the PRSP adopted in 2000.  The General Trade Department (DGC) is responsible for implementing the Ministrys policy on trade, pricing and competition. The General Industrial Development Department (DGDI) is entrusted with implementing the Ministrys policy on industry and promoting investment, while the Inspectorate of Quality and Metrology (INQM) issues conformity certificates. The National Commission on Competition and Consumption (CNCC) and the National Industrial Property Department (DNPI) come under the Ministry of Trade.  Order No. 005/MCIA/SG/CGU of 13 January 2000.  In 1993, the Ministry of Trade set up an inter-institutional structure to follow the work of the Uruguay Round and implement the results. This group then became the National Unit for following up and coordinating ϲʹ activities, by Ministerial Order No. 98-038/MCIA/SG/DGC of 18 August 1998. The legal status of this Unit was confirmed in Presidential Decree No. 000 00/PRES/PM/MCIA of 13 September 2000.  Decree No.2000-400/PRES/PM/MCIA o f 13 September 2000.  Order No.2000-056/MEF/MCIA/SG/DGC of 8 September 2000.  The CCIA-BF is under the technical responsibility of the Ministry of Trade and is the only body authorized to represent the private sector. It sells forms to business persons, issues professional attestations and certificates of origin. See http://www.ccia.bf.  The CBC protects the interests of importers and exporters in the area of goods transport by sea, land, rail or air.  Available [on line] at http://www.tradepoint.bf.  Title XIII of the 1991 Constitution.  The ratification of the ϲʹ Agreement was endorsed under Law No.13/95/ADP of 3 May 1995.  Law No. 6/65/AN of 16 May 1965, as amended by Law No. 57-95/ADP of 21 November 1995.  Law No. 36-2002/AN of 19 December 2002.  Ordinance No. 91-0069/PRES of 27 November 1991 and its implementing texts. Decree No.97466/PRES/PM/MEF/MCIA of 30 October 1997 and its implementing texts.  Law No. 03-92-ADP of 3 December 1992.  Decree No. 97-466/PRES/PM/MEF/MCIA of 30 October 1997 and its implementing texts.  Decree No. 94-014 of 5 January 1994.  Law No.15/94/ADP of 5 May 1994, amended by Law No. 033-2001/AN of 4 December 2001.  Decree No. 2003-269/PRES/PM/MFB of 27 May 2003.  The CIMA was established in 1992 and also includes Benin, Cameroon, Central African Republic, Chad, Congo, Cte dIvoire, Gabon, Niger, Senegal 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 transporters.  Ordinance No. 81-0026/PRES/CMREN of 26 August 1981 and its implementing texts.  Law No. 01-102/MCPEA/SG/DGC of 30 November 2001.  Law No. 051/98/AN of 4 December 1998.  The OAPI also includes Benin, Cameroon, Central African Republic, Chad, Congo, Cte dIvoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo. See the OAPI site: http://www.oapi.wipo.net.  Law No. 004-2001/AN of 15 May 2001.  These cover patents, utility models, trademarks, industrial designs, trade names, geographical indications, literary and artistic property, and protection against unfair competition.  Law No. 032/99/AN of 22 December 1999.  Law No. 62/95/ADP of 14 December 1995, as amended by Law No. 015/97/AN of 17 April 1997 and its implementing Decree No. 96-235/PRES/PM/MEF.  Law No. 023/97/AN of 22 October 1997.  The agreements with Benin, Belgium, China, Comoros, Malaysia, Mauritania, Netherlands and Switzerland are in effect, those with Germany and Guinea are being ratified, the agreement with the Republic of Korea is being signed, and those with the Democratic Republic of Congo and Lebanon have been initialled, while negotiations are under way with Italy and Spain.  Benin (Dahomey), Burkina Faso (Upper Volta), Cte dIvoire, Guinea, Mali (French Sudan), Mauritania, Niger and Senegal.  ϲʹ document G/MA/IDB/2/Rev.17 of 14 October 2003.  ϲʹ document WT/LET/19 of 15 June 1995.  ϲʹ document G/VAL/N/1/BFA/1 of 30 October 2002.  Directive No. 06/2003/CM/UEMOA.  ϲʹ document WT/L/539 of 29August 2003.  Information available [on line]. Available at http://www.africa-union.org.  Articles 146 and 147 of the 1991 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 July 2000 in Lom (Togo). The African Union, which has now replaced the OAU, was proclaimed on 11 July 2001 in Lusaka, Zambia, after ratification of the Constitutive Act by over 44 of the 53 member States of the OAU.  Available [on line] at 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.  Decision A/DEC.6/7/92.  In order to be eligible for preferential treatment, industrial products must be approved by the Executive Secretariat for inclusion in the regime. In all, 404 enterprises have been granted 1,074approvals for some 1,500products. The majority of these enterprises are in Nigeria (171), Ghana (113), and Cte dIvoire (44), because of their more highly developed industrial fabric. In Burkina Faso, only two enterprises have been approved under the preferential regime. According to the ECOWAS Executive Secretariat (2000a): Eight countries [out of 15] have lifted tariff barriers in respect of unprocessed products under the TLS, namely, Benin, Burkina Faso, Cte dIvoire, Gambia, Ghana, Guinea, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. However, only Benin has removed tariff barriers to trade in industrial products [from Ghana, Nigeria and Togo].  The date of July 2005 has been determined by non-WAEMU countries for the achievement of their own monetary zone (ZMEA), which would eventually be linked with that of the WAEMU countries. The date of 2003 was not retained because of the poor performance recorded in comparison with the economic convergence criteria. See ECOWAS Executive Secretariat (2000b).  Executive Secretariat of the ECOWAS (2000b).  ECOWAS press release No.46/1999. See also Executive Secretariat of the ECOWAS (2000a), ChapterII.  Protocol A/P2/1/03. The funds resources consist of a community solidarity levy (0.5per cent of the value of imports from outside the ECOWAS) paid by Burkina Faso to the compensation fund established by the ECOWAS on 1 January 2004.  Protocol on the definition of the concept of products of origin, adopted by the WAEMU on 5 April 2002. Harmonization also concerns the definition of value added, approval procedures and related documents (for example, certificates of origin).  Executive Secretariat of the ECOWAS (2000a).  Decision A/Dec.11/12/01.  African Union (2001).  Information available [on line]. Available at 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. The Treaty and certain projects were notified to the ϲʹ under the Enabling Clause (see Table II.1).  Additional Act No. 4/99.  Regulation No. 19/2003/CM/UEMOA.  WAEMU Commission (2003a).  Additional Act No. 3/2001.  Additional Act No. 4/2001.  Additional Act No. 5/1999.  Decision No. 2/2001.  Decision No. 8/2000.  The Agreement was signed on 23 June 2000 in Cotonou, Benin, and entered into force definitively on 1April 2003 after ratification. The Agreement replaced the Lom Convention, which had been in effect since 1975 and whose fourth extension expired at the end of February 2000.  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 document L/7604), ended on 29 February 2000.  According to the EU, the option of the generalized system of preferences (GSP) is not on the table. 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 5 March 2001, and allows duty-free entry of all products except arms, with some exceptions (rice, bananas and sugar, to which transitional arrangements apply).  Press release of the trade DG of the European Commission of 3 October 2003.  Executive Secretariat of the ECOWAS (2000b).  ECOWAS press release No. 73/2003 (23 July 2003) (in French only).  Available [on line] at http://www.integratedframework.org.  At the 37th meeting of the Integrated Framework Working Group, held on 29October 2003, the World Bank was requested to undertake a technical assessment of Burkina Faso as a first step towards its definitive inclusion in the Integrated Framework process; the assessment was conducted in March 2004.  ϲʹ document WT/COMTD/IF/24 of 15 April 1998.  Phase I of the JITAP (1998-2002) has been implemented in Benin, Burkina Faso, Cte dIvoire, Ghana, Kenya, Tunisia, Uganda, and the United Republic of Tanzania, with support from Austria, Belgium, Canada, Denmark, Finland, France, Germany, Ireland, Netherlands, Norway, Sweden, and the United Kingdom; corresponding to some US$10million (http://www.jitap.org).  ITC document ITC/DTCC/03/2679/4 of 30 April 2003.  Phase II of JITAP (2003-2005) extends JITAPs scope to Botswana, Cameroon, Malawi, Mali, Mauritania, Mozambique, Senegal, and Zambia, and is supported by Canada, Denmark, Finland, France, Japan, Netherlands, Norway, Sweden, Switzerland, and the United Kingdom in an amount of around US$14million (ϲʹ Press Release ϲʹ/328 of 20December 2002 and Report on the progress of the JITAP for 2003, period from 1 November 2003 to 31 January 2004).  Country assistance strategy of the World Bank Group for Burkina Faso, Report No. 21285-BUR [on line]. Available at http://www.worldbank.org/ [1 December 2003]; Development Debates, [on line]. Available at http://www.worldbank.org/wbi/devdebates/AFRFR/reports.html [1 December 2003].  Commission of the European Union (2001); Commission of the European Union (2002).  Programme de formation en ngociation daccords commerciaux et dinvestissements internationaux (Training programme for the negotiation of trade agreements and international investment); Concertations conomiques francophones (Francophone economic consultations); Appui technique aux PMA francophones (Technical support for Francophone LDCs); Renforcement des capacits des organisations dintgration conomique rgionale (Capacity building in regional economic integration organizations). See Organisatio internationale de la Francophonie (2002).  Information available [on line]. Available at http://www.afd.fr/projets/projets_pays.cfm?id=2.  This annex has been prepared using, inter alia, information transmitted by the Burkina authorities together with that available in the Technical Assistance Database kept by the ϲʹϒs Training and Technical Cooperation Institute.  These covered the following subjects: trade and the environment; the Integrated Database (IDB); the Doha Development Agenda and preparations for Cancn; sanitary and phytosanitary measures; technical barriers to trade; the GATS; agriculture; regional integration; dispute settlement practices and procedures; market access; customs valuation; ϲʹ rules on safeguards, anti-dumping and countervailing measures; review of trade policies; textiles; notifications; and the reference centre.  ϲʹ document WT/COMTD/W/119/Rev.1 of 14 November 2003. 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