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II. TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES
(1) GENERAL CONSTITUTIONAL AND LEGAL FRAMEWORK
(i) Overview
1. A former French colony forming part of French Equatorial Africa, Gabon gained its
independence on 17 August 1960.  The first Constitution adopted was that of 21 February 1961,
amended on 28 May 1968 to inaugurate a one-party system.  The current President, El Hadj OmarBongo, who came to power in 1967, had dissolved the existing parties and replaced them with a single
party, the Gabonese Democratic Party (PDG).  The one-party system was mainly designed as a tool to
consolidate the unity of the State inherited from the colonial period.
1
2. Gabon's current Constitution was adopted on 26 March 1991.  It was the result of a national
conference on democracy held in 1990 and replaced the one-party system with a multi-party system.2
The current political system consists of an executive power, exercised by the President of the
Republic and the government appointed by him, assisted by a legislative power, exercised by the two-
chamber parliament, the National Assembly and the Senate, an independent judicial power and an
Economic and Social Council.
3. The first multi-party parliamentary elections took place in 1991, the most recent in 1996 and
the next are expected in summer 2001.  The first multi-party presidential elections took place in
1993.3  The second elections took place in 1998 following the amendment of the Constitution in 1997
to extent the presidential term of office from five to seven years, renewable for one further term.  The
next presidential elections are due in 2005.
4. The breakdown of the one-party system in Gabon and the subsequent process of
democratization are part of a more general trend in Africa south of the Sahara since the 1980s.  An
observer noted "a dual movement of economic and political liberalization, according to the morepessimistic, and a transition to democracy for the more enthusiastic".
4  Indeed, the economic crisis
which hit Gabon, along with other African states, shattered the established order, forcing structural
adjustment programmes and generating social unrest which led directly to political demands for
greater democracy, a powerful example being set by the political changes in the countries of central
and eastern Europe in 1989.  In Africa, France supported the need to move towards greaterdemocracy.
5  Nevertheless, Gabon has not yet experienced a change of government and the
democratization process has yet to come to fruition.
                                                     
1 See commentary by President Bongo in Chapter I of Bongo (1994).
2 "Gabon:  situation institutionnelle", http://www.cean.u-bordeaux.fr/etat/institutionnel.gabon.html
[11 November 2000].
3 These elections, which were disputed, led to the "Par is Accords", enshrining the principle of pluralist
democracy and entrusting the organization of elections to an independent electoral commission.  TheConstitution was amended by popular referendum in  1995 (United States Government, Department of
Commerce, International Trade Administration, 2000).
4 Diouf (1998).
5 The "La Baule speech" by François Mitterrand, President of the French Republic, at the 16th Summit
of Heads of State of France and Africa in June 1990, declared notably that France would give priority to helpingthose that introduced democratic institutions.  See Chapter II of Bongo (1994).Gabon WT/TPR/S/86
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(ii) The Executive
5. The President is elected for seven years by direct universal suffrage, and may be re-elected
once.6  The President is the Head of State and guardian of the Constitution.  He is the trustee of
national independence, the integrity of the territory and observance of agreements and treaties.  The
President has the power to dissolve the National Assembly in order to hold elections7, may arrange
referendums on questions of national interest and may conclude international treaties and agreements.
6. The President appoints the Prime Minister.  He terminates his appointment on his own
initiative or on the submission by the Prime Mi nister of the resignation of the Government, or
following a vote of no confidence or the passing of a motion of censure by the National Assembly.
The Prime Minister presents the Government's programme to the National Assembly which, after a
debate, is subject to a vote of confidence.8  Under the programme approved by the Assembly, the
Government implements domestic and foreign policy and manages the public administration.
7. The President, on the recommendation of the Prime Minister, appoints the other members of
the Government:  the Deputy Prime Minister, minister s of State, ministers and deputy ministers.  The
latter exercise their functions in those ministries to which the Executive wishes to attach particular
importance.  In the present Government, which took office on 22 December 1999, there are32 ministers assigned to 23 ministries.  This number of ministers is a considerable reduction
compared with the 42 ministers in the previous government, and reflects the need to reduce salary
costs in the national budget.  At the last count in 1998, the staffing establishment of the Gabon central
administration was 39,216.
8. The President convenes and presides over the Council of Ministers and decides the agenda.
Draft laws, ordinances and regulatory decrees are discussed in the Council of Ministers, following an
opinion by the Administrative Court.  The President definitively promulgates laws adopted by theParliament.
(iii) The Parliament
9. The Parliament consists of two chambers, the National Assembly (120 seats) and the Senate
(91 seats).  Members of the National Assembly are elected for a term of five years by direct universal
suffrage.  Members of the Senate are elected for a term of six years by indirect universal suffrage.The Senate represents local authorities.  Sessions of Parliament are held in public and reports of
meetings are published in the Journal of Debates.
10. The Parliament passes laws, approves taxation and controls the actions of the Executive
Power as laid down in the Constitution.  Laws are grouped into three categories:  those which modify
the Constitution, known as "constitutional" laws;  those which concern the organization of thepolitical system, known as "organic" laws; and others, known as "ordinary" laws.
9  Organic laws
                                                     
6 Article 9 of the Constitution of 1991, amended by Law 1/97 of 22 April 1997.
7 Article 19 of the Constitution of 1991 states that the power of dissolution may only be exercised twice
during the same presidential term, and the second dissolution may not take place within twelve months of thefirst dissolution.
8 See "General Policy Statement of Mr. Jean-Fra nçois Ntoutoume Emane, Prime Minister, Head of
Government, to the National Assembly, 11 March 1999".
9 Each law adopted by Parliament is designated by a number and the year of promulgation
(e.g. Law 37/1990);  the numbering of legislative laws re-starts each calendar year.  Texts of laws are availableon the website established by the Gabon Senate ( http://www.senat-gabon.org) , but only those passed in 1981-86
and 1998-99.WT/TPR/S/86 Trade Policy Review
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concern, for example, the number of deputies, their remuneration, methods and conditions of election,
and salaries and privileges granted to members of the Government.  Ordinary laws concern, for
example, the budget, customs duties,  investment and privatization.
11. Article 116 of the Constitution provides that the Executive and Legislative Powers may
initiate reform of the Constitution.  Draft constitutional laws are submitted to the Constitutional Court
for its opinion.  They are passed either by referendum or by parliamentary vote.  In the latter case,both chambers must adopt the draft reform by a two-thirds majority of votes cast, with at least two
thirds of members present.
12. Draft ordinary laws are discussed in the Counc il of Ministers, following an opinion by the
Administrative Court, and submitted to one of the two chambers of Parliament.  Draft finance laws
are tabled in the National Assembly and draft laws concerning local authorities are tabled in theSenate.  Amendments are largely a matter for the Government, since amendments by members of
Parliament are subject to the constraint that they are inadmissible if their adoption would result in
reducing public revenues or increasing public expenditure without corresponding income.  The
principal ways by which the Legislative Power controls the Executive Power are:  interpellation,
questions, investigative and control commissions, and motion of censure by the National Assemblyunder Article 64 of the Constitution.
13. Draft laws are examined in turn by the two chambers in order to adopt a single text.  An
organic law must be passed by the majority of members of each chamber, and an ordinary law by a
simple majority of members present in each chamber.  The Constitution confers equal status on the
Senate and the National Assembly, each of which must give its consent for a law to be passed.  Where
a draft law fails to pass in each chamber, the Prim e Minister may convene a joint committee to resolve
disagreements.
14. The Government may, in an emergency, by Ordinance enact measures which are normally in
the domain of law.  This practice requires authorization by Parliament and is designed to allow the
State to continue to function between parliamentary sessions.
10  An ordinance must be ratified by
Parliament during its next session, failing which it  is void.  Parliament may modify an ordinance by
amendment (see above).  An ordinance may be amended by an ordinance or by law.
(iv) The judicial power
15. Article 68 of the Constitution of 1991 states that "the judicial power is an authority
independent of the legislative power and the executive power".  Judges are only subject, in the
exercise of their functions, to the authority of the law.  Justice is delivered in the name of the
Gabonese people by the Constitutional Court, the C ourt of Cassation, the Council of State, the Court
of Auditors, the Courts of Appeal, the ordinary courts, the High Court of Justice and other special
jurisdictions.  Judges are appointed by the Supreme Council of the Judiciary, under the presidency of
the President of the Republic.
16. The Court of Cassation is the highest court in civil, commercial, social and criminal matters.
It is divided into civil, commercial, social and criminal chambers.  Each chamber sits separately,depending on its area of competency.  The Court of Cassation may sit in a joint session of all
chambers in the circumstances provided by law.  Decisions have absolute authority with regard to the
matter under judgement.
                                                     
10 For example, Law 14/99 authorized the President to legislate by ordinance during the parliamentary
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(v) Public consultation on political issues
17. The Economic and Social Council has powers, subject to certain reservations, in all areas of
economic, social and cultural development:
- General economic direction of the country;
- financial and budgetary policy;
- policy on raw materials;
- social and cultural policy;  and
- environmental policy.
18. The Council is responsible for giving its opinion on questions of an economic, social or
cultural nature submitted to it for examination by the President of the Republic, the Government or
Parliament.  It is mandatory to consult the Council on any legislative provision of a fiscal, economic,social or cultural nature, and it may be involved prior to that in its preparation.  The membership of
the Economic and Social Council is made up of representatives of trade unions, socio-professional
groups or associations, elected by their basic associations or groups, senior civil servants in the
economic and social field and representatives of local authorities designated by their peers.
19. Gabon has no body, as such, responsible for giving its opinion on issues of trade policy or
evaluating government measures in that area.
(vi) Management of public affairs
20. In the field of macro-stabilization (Chapter I, 2), Gabon has redoubled its efforts since the
economic crisis of 1998.  Considerable efforts have been made to control public expenditure.  With
respect to the microeconomic environment, the Gove rnment has introduced an investment charter and
intends to complete the regulatory foundations for private economic activity (Chapter III, 3).  The
authorities also recognize that the fundamental reform of State enterprises must be acceleratedthrough privatization (Chapter I, 2).  The Gabonese authorities are supporting these efforts at
macroeconomic and microeconomic level by more efficient management of public affairs.
21. The quality of governance in Gabon has been evaluated by the United Nations Development
Programme (UNDP) in its National Human Development Report  on the basis of four criteria:  rule of
law and respect for human rights;  degree of openness of the political system;  efficiency,accountability and transparency of the Public Administration;  and involvement of civil society.  The
report refers to difficulties in the sphere of governance, in particular as regards efficiency,
accountability and transparency of the Public Administration.  The commentary on this subject speaks
of a "dysfunctioning, irrational management of human resources, nepotism and lack of transparency"
but notes "the stated will of the State to rationalize the functioning of the public administration".
11
22. In this respect, the Gabonese Government has set up an inter-ministerial commission on
administrative reform.  The Commission is assisted by a body called the General Commissariat on
administrative reform, responsible for undertaking studies on reform, drafting texts, laws and
regulations on the new administrative management.  The reform has five components:
                                                     
11 UNDP (1999), p.43.WT/TPR/S/86 Trade Policy Review
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- "Structure" has the aim of restructuring and harmonizing public services, leading to
the preparation of a draft law on the restructuring of the Gabonese administration;
- "Human resources" is intended to review all human resource management texts in
order to prepare new ones;
- "Public finances" deals especially with the civil service establishment and a new
management tool has been put in place;
- "Operational practices" is intended to introduce a Civil Service Charter to define
everyone's job;  and
- "Decentralization", which is intended to bring public services closer to the
beneficiaries.
23. There are numerous examples of the existence of a problem of corruption in Gabon.  The
Country Commercial Guide  on Gabon published by the United States Department of Commerce
describes the problem of corruption in Gabon in the following terms:
"Corruption is prevalent and is an obstacle for U.S. firms doing business in Gabon.
While Gabon has laws and regulations to combat corruption and to seek greater
transparency, they are not effectively enforced.  Gabon and other countries doing
business in Gabon do not always treat giving or accepting a bribe as a criminal act.
Those looking to do business in Gabon should seek professional assistance innegotiating agreements, in the selection of partners, and in the control of resources."
24. Clearly corruption is not a phenomenon that affects only Gabon.
12  Nevertheless, this scourge,
apart from its moral aspects, imposes particularly high costs on the populations of low income
countries due to the constriction of social services, such as health and education, vital to the
development of human capital.  One author observes that the rarer the resources, as is the case ofdeveloping countries, the more essential it is that they should be allocated to the real economic and
social needs of the population.
13  Gabon does not at present have any legal measures to combat
corruption other than the Criminal Code (Articles 141-148).  To attack the problem of corruption
more effectively, the Government undertook to prepare targeted provisions by the end of 2000 and to
submit them to Parliament in the form of a draft law.14  Gabon is committed to creating an
administrative body independent of the Executive Power to enforce this measure.
(2) TRADE AND INVESTMENT POLICY
(i) Overview
25. The Ministry of Trade, Tourism and Industrial Development (referred to below as the
Ministry of Trade) is the national body responsible for Gabon's trade policy (see below).  In 2000-01,this policy has been part of a programme economic liberalization intended to lay the foundations of an
economy with diversified sources of revenue and em ployment for the post-oil era.  On this subject,
the Ministry of Trade states:
                                                     
12 Transparency International (2000), "2000 Corruption Perceptions Index (CPI)" [On line].  Available
on:  http://www.transparency.de/  [11 November 2000].
13 Frisch (1999);  Koulibaly (1999).
14 IMF Press Release No. 00/57.Gabon WT/TPR/S/86
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Gabon today is firmly committed to globalization through wholesale liberalization of
its markets, fast-track deregulation and dismantling of privileges.  This change does
not, however, mean the disappearance of the State.  Of course, the State is no longer
involved in managing, trading or entrepreneurship, but in regulation.  A minimum
critical framework combined with a determination to diversify the pattern of national
trade is thus the basis of Gabon's new trade policy.  To achieve this, the new policyhas set itself the following objectives:  fluidity, competitiveness and productivity, and
diversity.
15
26. By fluid trade, the Ministry of Trade means liberalization of trading activities to the
maximum from superfluous regulatory, administrative and practical requirements.  The important
measures taken in terms of domestic trade (Chapter III, 3) are supplemented by measures to liberalizeforeign trade (Chapter III, 2).  Gabon abolished minimum trad ing margins on imported goods in 1989
and most quantitative import restrictions in 1994, a process which continued in 1999 (only sugar
imports remain prohibited in 2000).  Since the 1993 fiscal and customs reform, the process of tariff
liberalization is also well advanced within CAEMC (see below).
27. By competitiveness and productivity, the Ministry of Trade means a set of enterprises capable
of taking up the challenge of regional and global integration.  To achieve this goal, the Ministry of
Trade envisages "increasing the use of local factors of production, institutionalizing and intensifying
south-south integration and cooperation programmes and engaging the full participation of indigenous
economic agents, both private and public, and facilitating the creation of production facilities able to
satisfy the evolution of local demand".
16
28. By diversified trade, Gabon means diversifying:  (a) trading partners, (b) exported and
imports products, and (c) increasing the participation of national operators in trade, which at present isdominated by foreign operators.  To diversify its trading partners, Gabon has introduced a set of
multilateral, regional and bilateral agreements (Section 3).
29. To diversify its exports, Gabon is relying on a strategy of industrial development, especially
wood processing, activities related to fishing, and processing of mineral and energy resources, and
also hopes to exploit its tourist potential.  Gabon also plans to increase agricultural production toreduce the country's considerable proportion of imported food.
30. To achieve the objectives of this industrial development strategy, Gabon hopes to stimulate
investment.  A new investment charter is intended, according to its Article 2, "to encourage growth
and diversification of the economy through harm onious development of the private sector and
investment".  The regime applies without distinction to all investors, whether of foreign or Gaboneseorigin, and offers the principal rights and guarantees available on the international investment market.
Nevertheless, the new regime does not apply to sectors of activity related to natural resources, which
are owned by the State, exploitation and processing of which are subject to specific codes
(Chapter III, 3).  These currently attract the vast bulk of private investment in Gabon.  The codes set
out conditions of access and incentives different from those that apply to companies in Gabon.
                                                     
15 Ministry of Trade, Tourism and Industrial Development (2000), p.8.
16 Ministry of Trade, Tourism and Industrial Development (2000), p.14.WT/TPR/S/86 Trade Policy Review
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(ii) Instruments
(a) Overview
31. International agreements and treaties are the subject of Title X of the Constitution of 1991,
which states that they are negotiated by the Executive and ratified after an authorizing law passed by
Parliament and verification by the Constitutional Court that they are constitutional.  Article 114 states:
Peace treaties, trade treaties, treaties relating to international organizations, treaties
committing the finances of the State, those which amend legislative provisions and
those relating to the status of persons may only be approved and ratified by a law.
32. Within the Executive, the Ministry of Foreign Affairs plays the central role in negotiating
international agreements in Gabon.  Decree No. 774 of 25 August 1976, on the attributions and
organization of the Ministry of Foreign Affairs, in Article 2, paragraph 3, provides that:
Any negotiation or any contact with the exterior shall be conducted under the
auspices of the Ministry of Foreign Affairs, wherever an action undertaken by other
ministries may result in the conclusion of an arrangement or have implications for the
foreign policy of the Gabonese Republic.
33. Accordingly, coordination and collaboration is required between the ministries involved in
the negotiations and the Ministry of Foreign Affairs, which takes the lead.  In trade policy, this is
primarily the Ministry of Trade and, in investment, the Ministry of the Economy, Finance, Budget and
Privatization.
(b) Trade in goods
34. Gabon's policy on trade in goods consists essentially of implementing the Acts of the Central
African Customs and Economic Union (CACEU), established by the Treaty of Brazzaville in 1964,
but currently under the auspices of the Central African Economic and Monetary Community(CAEMC), established in 1998 by the members of  CACEU (see below).  CAEMC incorporates the
heritage of CACEU.
35. These Acts are immediately applicable as the law of the State of Gabon and binding in law.
They consist primarily of the CACEU Customs Code, adopted in 1965, and the subsequent
amendments, notably the common external tariff (CET), the generalized preferential tariff 
17, the Act
on Turnover Tax and Excise Duties18, and the Acts amending the provisions of the Code on Customs
Valuation to align it with the corresponding WTO Agreement.19  Imported products are thus subject,
at the Gabon frontier, to customs duties (either MFN or preferential), excise duties and value added
tax.  Under Gabon's commitments within CACEU, the levels of these taxes and duties are established
under the General Code on Direct and Indirect Taxe s, as amended by the Finance Law, which also
governs company and personal taxation, and thus exemptions or reductions applicable to imported
products.
36. Gabon's foreign trade is regulated by Decree No. 766/PR/MICOIN of 1 June 1983, and
subsequent amendments.  Imports and exports have been free of quantitative restrictions since 1994
(with a few exceptions, of which only sugar remained in 2000).
                                                     
17 Act No. 7/93-UDEAC-556-SE1.
18 Act No. 1/92-UDEAC-556-SE1.
19 Acts No. 2/98-UDEAC and No. 4/98-UDEAC.Gabon WT/TPR/S/86
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(c) Trade in services
37. Gabon's policy on trade in services is on two levels:  regulation at supranational level, which
is the result of regional and subregional integration, and national regulation, which encompasses all
aspects which are not covered by supranational regulation.  The former become immediately
applicable as a law of the State of Gabon and are legally enforceable.
38. The banking services sector is subject to the Convention on the creation of a Central African
Banking Commission (COBAC), which supervises th e common banking regulations which are part of
the Acts of the Central African Monetary Un ion (UMAC), within CAEMC. The road network,
telecommunications and air transport are the sectors covered by Gabon's commitments within
CAEMC.
39. The insurance market in Gabon is governed by the Insurance Code of the InterAfrican
Insurance Markets Conference (CIMA), established in 1992, made up of Benin, Burkina Faso,
Cameroon, the Central African Republic, Chad, Congo, Côte d'Ivoire, Gabon, Mali and Togo.
40. Maritime transport in the CACEU area is subject to the Mercantile Marine Code.  Other
elements of transport infrastructure, road, rail or air, are subject to UEAC conventions and acts, within
CAEMC.  The UEAC recognizes that the development and interconnection of infrastructure is a keyelement to the achievement of a common market.  In particular, it concerns the regulation adopting
the priority integrated road system within CAEMC, the regulation adopting the CAEMC Civil
Aviation Code and the regulation adopting the Agreement on Air Transport between member
countries of CAEMC.
41. At national level, activities in many service sectors are undertaken by public companies partly
or wholly controlled by the State.  This applies especially to transport, posts and telecommunications,
public health and education.  Privatization, however, is on the agenda in many cases:  the national railcompany has been privatized, as has the national water and electricity company.  The posts and
telecommunications sector was reorganized in 2000 in order to separate the two activities and open up
telecommunications to competition.
42. Article 94 of the Constitution of 1991 states that audiovisual and written communication in
the Gabonese Republic is free, subject to respect for public order, liberty and the dignity of citizens.To this effect, a National Communication Council was set up to ensure respect for the expression of
democracy and press freedom, access by citizens to free communication, fair treatment of all
recognized political parties concerning access to the media, respect for rules on conditions of
production, programming and broadcasting of programmes relating to election campaigns.  The
Council also monitors compliance with quotas of Gabonese programmes broadcast on State andprivate radio and television channels.
43. Activities in other service sectors fall to private operators, subject to the provisions of the
Investment Charter (see below), commercial law, taxation, etc. (Chapter III, 3).
(d) Protection of intellectual property
44. Gabon is a member of the African Intellectual Property Organization ( AIPO ) created by the
Bangui Agreement (1977), which has its headquarters in Yaoundé, Cameroon.
20  Other members of
AIPO are Benin, Burkina Faso, Cameroon, the Cent ral African Republic, Chad, Congo, Côte d'Ivoire,
Equatorial Guinea, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal and Togo.  The Accord
                                                     
20 http://www.oapi.wipo.net/WT/TPR/S/86 Trade Policy Review
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replaced the African and Malagasy Industrial Property Office (AMIPO), which was formed in 1962,
to take over from French institutions concerned with industrial property at the time of independence.
45. The Bangui Agreement established a uniform regime of protection of industrial property.  The
Accord applies as a law of the State of Gabon and is enforceable.  The Bangui Agreement also created
a joint office, since for each of its members, the organization takes the place of a national industrial
property service.  Under uniform legislation and a joint office, it also provides a common system ofadministrative procedures for registering such rights.
46. The Bangui Agreement was revised on 25 February 1999 to align it with the WTO TRIPS.
Gabon ratified the revised Bangui Agreement in August 2000.  Its entry into force, however, is
dependent on ratification by two-thirds of the member States, which should happen in 2001, since
only three more ratifications were needed in April 2001 (Chapter III, 3(iv)).
47. In the field of copyright and neighbouring rights, Gabon has introduced a national protection
regime by successively taking the following legal measures:
- Creation of the National Agency for Artistic and Cultural Protection (ANPAC)
responsible for collective administration in the Gabonese Republic under
Law 19/82PR of 24 January 1983 of Law 4/83 of 8 July 1983 which supplementedand amended it;
- Decree No. 396/PR/MCAEP of 9 March 1983, containing the Constitution of
ANPAC;
- Law 1/87 of 29 July 1987 instituting copyright and neighbouring rights.
(e) Investment
48. The Investment Charter in Gabon, established by  Law 15/98, governs the conditions of access
for investment in all sectors of activity, except those related to exploitation and processing of natural
resources, which are subject to specific codes (Chapter III, 3).  In sectors of activity not covered by
specific codes, promoters are subject to a regime of simple declaration of creation of an activity to theInvestment Promotion Agency.
49. Oil resources, mining and forestry are the property of the State which regulates their
exploitation by issuing permits to approved compan ies.  The Government intends to complete the
regulatory framework for investment with new codes on forestry and oil activities, which are
contained in draft legislation currently before Parliament.
50. The sectors of the Gabonese economy open to investment have been extended following the
vast programme of privatization of state enterpri ses since 1996 (Chapter I, 2).  This change of
direction, both economic and political, has led to a number of legislative amendments.  On the
legislative front, Law 11/82 of 4 January 1983 on th e legal regime of public institutions, State
companies, mixed ownership companies and companies with public financial participation wasrepealed and replaced by Law 1/96 of 13 February 1996 setting out the rules for privatization of state
enterprises.  The privatization programme was announced in 1996, and since then various additions
have been made through the annual finance laws.
51. Some aspects of business law in Gabon derive from the activities of the Organization for
Harmonization of Business Law in Africa (OHADA), created by the Treaty on Harmonization of
Business Law in Africa, signed on 17 October 1993.  OHADA is made up of the members of the WestGabon WT/TPR/S/86
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African Economic and Monetary Union (WAEMU) and the Central African Economic and Monetary
Union (CAEMC).  The main objective of the treaty is to remedy the legal and judicial uncertainty in
the States Parties by adopting common legal texts, known as "uniform acts" (Chapter III, 3).
(iii) Central government organs with responsibilities for policies related to the WTO
(a) Trade in goods
52. The Ministry of Trade is the national institution responsible for trade policy in Gabon.21  The
Ministry has power to prepare draft government policy in certain areas, sharing this power with other
ministries in certain areas, and collaborating in areas which are the responsibility of other ministries in
the Council of Ministers and interministerial councils.  The Ministry of Trade collaborates with the
Ministry of Foreign Affairs with respect to the negotiation of agreements and treaties on trade matters,
which may also concern other ministries.  The Ministry is responsible for monitoring Gabon'scommitments to the WTO.
53. The Government of Gabon has set up a National Supervisory Committee to monitor the WTO
Agreements.
22  The Committee's mission is:
- To establish an operational system for continuing follow-up of the WTO Agreements;
- to analyse and evaluate the impact of the Agreements on sectors of the national
economy;
- to identify problems arising out of their application at national and international level;
and
- to propose appropriate solutions to the Government with a view to defining and
consolidating a concerted national position on various areas of the Agreements of
particular interest to Gabon.
54. The Ministry of Trade "shall exercise its powers of authorization, control and intervention in
respect of commercial and industrial enterprises as devolved to it by laws and regulations".  TheDepartment of Trade, within the Ministry of Trad e, is responsible in particular for the following
activities:
- Applications for authorization to exercise the profession of trader;
- authorizations to import and export;  and
                                                     
21 Decree No. 1574/PR/MICOCO on attributions and organization of the Ministry of Trade and
Consumption.
22 The National Committee has the following members:  the Ministry of Trade, Tourism, Industrial
Development and Crafts;  the Ministry of the Economy, Finance, Budget and Privatization;  the Ministry ofForeign Affairs, Cooperation and the Francophone Area;  the Ministry of Communications, Posts andInformation Technologies;  the Ministry of Planning, Development Programming and Territorial Development;the Ministry of Mining, Energy, Oil and Water;  the Ministry of Justice, Keeper of the Seals and Human Rights;the Ministry of Transport and the Merchant Marine;  the Ministry of Culture, the Arts, Education, Youth and
Sport, and Leisure;  The Ministry of Agriculture, Livestock and Rural Development;  the Ministry of Small and
Medium-Sized Enterprises;  the Ministry of Health and Population;  the Ministry of Water and Forests,Fisheries, Reforestation, Environment and Protection of Nature;  the Faculty of Law and Economics of theUniversity;  the Chamber of Commerce, the Association of Traders and the Gabonese Employers'Confederation.WT/TPR/S/86 Trade Policy Review
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- import and export licences.
The Directorate-General of Industrial Development is responsible for technical standards.
55. Anti-dumping, countervailing and safeguard measures are the responsibility of the National
Competition Commission.  This Commission is also responsible for competition policy within Gabon.
56. The Ministry of the Economy, Finance, Budget and Privatization plays an important role in
trade policy issues.  The Ministry contains th e Department of Customs and Indirect Taxes, an
important part of whose activities relates to Gabon's tariff and non-tariff commitments in CAEMC
and the WTO.  Furthermore, according to the Report on Activities for 1999, it can be seen that the
Customs are informed of these commitments and have submitted a notification on customs valuation
to the WTO Committee responsible for these matters.  The Ministry also contains the Department ofDirect and Indirect Taxes.
57. The Ministry of Agriculture, Livestock and Rural Development is the institution principally
responsible for the preparation and administration of agricultural policy.  In collaboration with the
Ministry of the Economy, Finance, Budget and Privatization, it determines policy on agricultural
products.  This does not include levels of customs duties, VAT or excise duties, which are set byCACEU, but extends to direct and indirect taxes a nd support measures (including rural development).
It is also responsible for phytosanitary measures and collaborates with the Ministry of Health and
Population on health measures.
58. The Ministry of Water, Forestry, Fisheries, Reforestation, the Environment and Protection of
Nature is the competent authority for fisheries, has the power to issue health certificates to fisheries
companies accredited to export fish products, give technical opinions on sanitary control of fish
products for export to the European Union and control the sanitary and marketable quality of fishproducts imported into Gabon.
59. The National Procurement Commission is responsible for government procurement.
(b) Trade in services
60. In the case of services, State enterprises continue to play an important role in activities in this
sector, although it falls within the current privatization process.  State enterprises dominate thetransport and posts and telecommunications sectors.  On the other hand, activity in the audiovisual
sector and the written press is carried on by private companies, albeit regulated and supervised by the
National Communication Council.
61. Activity in the banking sector is primarily undertaken by private enterprise.  At national level,
the establishment of operators in the financial sector comes under the Department of FinancialInstitutions in the Ministry of the Economy, Finance, Budget and Privatization, as well as the National
Credit Council.
62. Tourist policy comes under the Department of Tourism in the Ministry of Trade.
(c) Protection of intellectual property
63. The Directorate-General of Industrial Development in the Ministry of Trade acts as liaison
office for the purposes of the Bangui Agreement.Gabon WT/TPR/S/86
Page 27
64. The functions of observation and surveillance re lating to activities which might give rise to
breaches are carried out by:
- A specialist section in the Department of Industrial Development;
- the Department of Customs and Indirect Duties;
- the judicial administration, when notified by the owner of a right of an infringement
of that right;  and
- the Economic Police, also when notified.
(d) Investment
65. The Ministry of the Economy, Finance, Budget and Privatization (referred to below as the
Ministry of Finance) prepares Gabon's policy on privatization and investment.  The Ministry of
Finance collaborates with the Ministry of Foreign Affairs with respect to agreements and treaties on
investment.
66. The Investment Charter (Law 15/98) provides for the creation of an Investment Promotion
Agency (APIP) with the mission of:
- Communicating all relevant information to potential investors;
- seeking out, receiving, guiding and advising investors;  and- proposing and supervising measures and procedures to facilitate relations between
enterprises and the administration.
67. The Investment Promotion Agency became operational in 2000 and is currently in the process
of starting up its activities.  An investor wishing to set up in Gabon must obtain the approval of the
Ministry of Trade under Decree No.10/89.  The Agen cy will be the one-stop shop where promoters
can complete the formalities for enterprise creation, and this is planned for mid-2001.
68. Investors who wish to set up in Gabon to carry on an activity related to the exploitation or
processing of natural resources must obtain the authorization of the Ministry responsible for the sector
concerned, which is granted on the basis of the opinion of a decision-making committee made up of
the administrations concerned, which are responsible for processing the dossier submitted by theinvestor within a maximum of thirty days from its submission.
(3) TRADE POLICY FRAMEWORK AGREEMENTS
(i) The WTO
69. Gabon is one of the founding Members of the WTO.  Its representatives signed the Marrakesh
Agreement on 15 April 1994 subject to ratification.
23  Gabon became a contracting party to GATT
1947 on 3 May 1963.24  Gabon is not a member of the Plurilateral Agreement on Trade in Civil
                                                     
23 The instrument of ratification of the WTO Agreement was approved on 14 August 2000 by President
Bongo.
24 At the time of the establishment of GATT 1947, Gabon was part of French Equatorial Africa, a
territory in respect of which France had an exemption from the Most-Favoured-Nation clause under Annex B ofWT/TPR/S/86 Trade Policy Review
Page 28
Aircraft, but has observer status in the Committee for that Agreement.  Gabon is also not a member of
the Plurilateral Agreement on Government Procurement but the Gabonese Authorities intend to
request observer status in that Committee.
70. During the Uruguay Round, Gabon bound all the tariff lines in its Schedule of
Concessions XLVII annexed to GATT 1994.  The ceiling level is 60 per cent for duties on agricultural
products, and 15 per cent for duties on non-agricultural products, apart from the exceptions noted inthe Schedule, bound at 60 per cent.  Some 40 per cent of the rates applied are above the bound levels
(Chapter III, 1(iii)).  Gabon has indicated the existence of other duties and exceptions at a level of
150 per cent in column 6 of Schedule XLVII.  Since the commencement of the WTO, Gabon has
notified levels of excise duties and VAT to the Committee on Market Access, which has examined
them.  Gabon's Schedule has not been modified by the implementation of HS 1996.
71. In the area of non-tariff commitments on agricultural products, Gabon did not make any
commitment in its Schedule of Concessions XLVII.   The commitment which thus applies to Gabon in
the area of domestic support, defined in Article 7:2(b) of the Agreement on Agriculture, consists of
not granting domestic support in excess of the de minimis  level of 10 per cent of the value of
production.
72. The Government of Gabon informed the WTO Secretariat of its wish to avail itself of the
special provisions on special and differential treatment in favour of developing countries.  Concerning
the Agreement on the Implementation of Article VII of GATT 1994 (Customs Valuation Code), the
Government decided to:
- Defer until 2000 the application of the provisions of the Agreement
25;
- defer the application of Article 1, paragraph 2(b)(iii) until 200326;
- reserve the right to decide that the provision of Article 4 of the Agreement only
applied if the Customs authorities agreed to the request to reverse the order of
application of Articles 5 and 627;
- reserve the right to decide that the provisions of Article 5, paragraph 2 of the
Agreement would be applied in accordance with those of the relevant note, whether
or not the importer so requests.28
73. Concerning the Agreement on Import Licensing Procedures, the Government decided to defer
the application of the provisions of subparagraphs (a)(ii) and (a)(iii) for a period not exceeding two
years.29
74. Gabon's Schedule of specific commitments under the GATS (GATS/SC/34) sets out the
commitments made during the Uruguay Round.  The sectors subject to Gabon's commitments are
financial services, hotel and restaurant services, and certain services to companies.  Gabon offers in
                                                                                                                                                                    
the Agreement.  Gabon acceded to GATT 1947 in 1963 under paragraph 5(c) of Article XXVI, but did not
recognize the concessions in Section B of Schedule XI of France (BISD 12S/75).
25 Paragraph 1 of Article 20 of the Agreement.  Paragraph 1 of Annex III states that an additional
deferment may be requested by a developing country in applying it, but Gabon did not do so.
26 Paragraph 2 of Article 20 of the Agreement.
27 Paragraph 3, Annex III of the Agreement.
28 Paragraph 4, Annex III of the Agreement.
29 Footnote 5 to paragraph 2 of Article 2.Gabon WT/TPR/S/86
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particular open and non-discriminatory access to banks which wish to set up in the country, subject to
approval by the Ministry of Finance, the BEAC  and COBAC, and open and non-discriminatory access
to providers of general insurance and life insurance services.  Gabon did not take part in the
negotiations on basic telecommunications services and financial services which were concluded in
1997.
75. According to Gabon's Schedule annexed to the GATS, supply of services through commercial
presence (mode 3) requires the prior agreement of the ministries concerned under a discretionary
procedure.  The limits indicated in the Schedule are more restrictive than the regime currently
applicable to foreign investors (Chapter III, 3(ii)) .  Gabon has not bound the supply of services by the
presence of natural persons (mode 4), in line with the practice of other WTO Members, except for
entry and temporary stay for the categories of directors, senior executives and experts possessingknowledge essential to the supply of the service,  employed by a company and transferred to a
company formed in Gabon.
76. The Final List of Article II (MFN) Exemptions of the GATS (GATS/EL/34) concerns
maritime transport, notably any bilateral, plurilat eral or multilateral agreement concluded or to be
concluded by Gabon for the exchange of coastal shipping rights on a reciprocal basis.  The List alsoconcerns existing and future measures adopted with a view to implementing the relevant provisions of
the United Nations Convention on a Code of Conduct for Liner Conferences, or any other agreement,
which assigns to the national lighterage and transit company a minimum share of the transport of
cargoes between two points, as well as any measure relating to the development of auxiliary maritime
services and port services in Gabon.
77. Gabon availed itself of the transitional provisions contained in Article 65 of the TRIPS
Agreement (which applies to developing countries and countries in transition), in order to defer to
2000 the full application of the Agreement (except for Articles 3, 4 and 5).  The TRIPS Council has
not yet been notified of the rules on intellectual property rights and the means of enforcing them.  In
this respect, Gabon has ratified the Bangui Agreement revised in 1999, which requires a further five
ratifications out of 15 member countries in order to enter into force (Chapter III, 3(iii)).
78. Gabon has participated in the activities of the WTO since its beginning.  In particular, the
country hosted the meeting of African Ministers of Trade, held from 13 to 15 November 2000 in
Libreville.  The small number of documents from Gabon available to the WTO (Table II.1) show the
gaps in this area, with the exception of notification of the customs valuation regime
30, and the
integrated database.  Gabon has also experienced difficulties in replying to requests for information by
certain WTO Members in the context of the review of exemptions from obligations under GATSArticle II.
31
79. Gabon is currently eligible to participate in trade policy seminars at the WTO.  In terms of
technical assistance, since the WTO was established Gabon has benefited from the following
activities:
- Subregional seminars in 1996, 1997, 1998 and 199932;
- in Gabon, a technical mission in 1999 on the subject of customs valuation, and a
WTO-World Bank-CAEMC seminar on the WTO Agreements;  and
                                                     
30 G/L/223/Rev.4.
31 Communication by Japan (S/W/140/Add.2) and communication by Hong Kong, China (S/W/150).
32 WT/COMTD/W/14, WT/COMTD/W/21 and WT/COMTD/W/36.WT/TPR/S/86 Trade Policy Review
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- in 2000, the establishment of a Reference Centre in March at the Ministry of Trade, a
subregional seminar for francophone countries on trade and the environment in July,
and a series of activities preparatory to the meeting of African Ministers of Trade in
Libreville.
Table II.1
Selection of WTO documents relating to Gabon, 1995 to April 2001
Agreement WTO Document Content
Multilateral agreements on trade in goods
GATT 1994 Schedule XLVII - Gabon of 15 April 1994 Tariff concessions
Agreement on the application of Article VII of GATT 1994
Article 6 G/VAL/W/38 Request for waiver concerning minimal valuesa
Article 22.2 G/VAL/N/1/GAB/1 of 15 October 1999 CACEU regulations on customs valuation
Enabling Clause
WT/COMTD/N/13bCentral African Economic and Monetary
Community (CAEMC)
WT/COMTD/24 Text of CAEMC Treaty
General Agreement on Trade in Services
GATS/SC/34 of 15 April 1994 Schedule of specific commitments on services
GATS/EL/34 of 15 April 1994 List of Article II (MFN) exemptions
Marrakesh Agreement Establishing the World Trade Organization
Article IX.3 G/L/108 of 9 September 1996cRequest for extension of the Fourth ACP-EC LoméConvention
Decision of 14 October 1996 on theextension of the Fourth ACP-ECLomé Convention until
29 February 2000
dWT/L235 of 10 October 1997 Report of the parties
WT/L/286 of 10 October 1997 Report of the parties
WT/L235 of 19 November 1998 Report of the parties
WT/L/325 and Add.1 of 22 October 1999 Report of the parties
Article IX:3 G/C/W/187 of 2 March 2000c, G/C/W/187
Add.1 of 17 March 2000c, G/C/W/187
Add.2 of 14 April 2000cRequest for waiver concerning the new ACP-EC
partnership agreement
a Decision of 12 November 1999 of the Customs Valuation Committee (G/VAL/14).
b Cameroon, Central African Republic, Chad, Congo, Equatorial Guinea and Gabon.
c EC and ACP parties.
d WT/L/186.
Source :  WTO Secretariat
(ii) Central African Economic and Monetary Community (CAEMC)33
80. Gabon and its neighbouring countries have a long common history of regional integration,
which began formally after independence with the creation of the Central African Economic andCustoms Union (CACEU) by the Treaty of Brazzaville in 1964.  The process of economic integration
within the Union was re-launched in the early 1990s, a period also marked by the devaluation of the
CFA franc and culminating in the Treaty establ ishing the CAEMC.  The latter was signed on
16 March 1994 by the representatives of Cameroon, the Central African Republic, Chad, Congo,
Equatorial Guinea and Gabon.  As of now, it has b een ratified by Cameroon, Chad, Equatorial Guinea
                                                     
33 The CAEMC site is http://www.socatel.intnet.cf/accueil1.htm.Gabon WT/TPR/S/86
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and Gabon.  Any other African State may become a member by applying for accession to the
Members of CAEMC.  CAEMC commenced its activities on 1 January 1998.
81. CAEMC is based on two unions and supported by two institutions, each the subject of a
separate agreement:
- The Central African Economic Uni on (the Economic Union or UEAC);
- the Central African Monetary Union (the Monetary Union or UMAC);
- the Community Parliament;- the Community Court of Justice.
82. In the economic and monetary fields, "Member States seek to move from a state of
cooperation, which already exists between them, to a state of union, such as to complete the process
of economic and monetary integration".
34  The economic and monetary unions were made the subject
of separate agreements and are in place.  The texts governing the economic union have been notifiedto the WTO.
35  A Convention also governs the Community  Court of Justice, whose judges were
appointed in 2000.36  The Convention on the Community Parliament will complete CAEMC's
institutional edifice.
83. The Economic Union is an important evolution of CACEU.  On37 5 February 1998, the Heads
of State proclaimed the end of CACEU and the birth of CAEMC.  CACEU's objective was a common
foreign trade policy and free movement of goods within the common market.  This objective had been
revived by the fiscal and customs reform of 1993, which had led notably to a common external tariff,a generalized preferential tariff and an agreement on turnover tax and excise duty (Chapter III, 1).
The CACEU Secretariat, based in Bangui, in the Ce ntral African Republic, took over the functions of
Secretariat to CAEMC.
84. The Economic Union seeks to achieve the following objectives:
- "Strengthen the competitiveness of economic and financial activities by harmonizing
the rules governing them;
- achieve convergence towards sustainable performance by coordinating economic
policy and aligning national budgetary policies with common monetary policy;
- create a common market founded on the free movement of goods, services, capital
and people;  and
- institute coordination of national sectoral policies, implement joint measures and
adopt common policies, particularly in the following areas:  agriculture, livestock and
fisheries, industry, trade, tourism,  transport, telecommunications, energy,
environment, research, education and vocational training."
                                                     
34 Article 1 of the Treaty instituting CAEMC.
35 WT/COMTD/N/13 and WT/COMTD/24.
36 Additional Act No. 01/2000/CEMAC/CJ/CE.
37 Decision No. 6/98-UDEAC-CEMAC-CE-33.WT/TPR/S/86 Trade Policy Review
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85. The Treaty envisages three stages to achieve these objectives.  During the first stage, lasting
five years, to 2002, the objective of the Economic Union will be to lay the groundwork for the
implementation of the free movement of goods, services, capital and natural persons, planned for the
second stage, lasting five years.  In the third stage, starting in 2008, the Members of CAEMC intend
to agree on common sectoral policies.
86. The Monetary Union cements within the new structure constituted by CAEMC the monetary
policy which has existed between the countries concerned since their independence, as well as links
with France, as modified by subsequent events.38  In 1959, Cameroon, the Central African Republic,
Chad, Congo and Gabon had created the Central Ba nk of the States of Equatorial Africa and
Cameroon (BCEAC), whose mission was to manage the issue of the CFA franc.  Following the new
monetary cooperation agreements concluded with France in 1972, it was replaced by the Bank ofCentral African States (BEAC).  BEAC has its hea dquarters in Yaounde, in Cameroon, and acts as a
central bank for all the Member States of UMAC.  The financial services sector is subject to
community regulation and supervised by the Central African Banking Commission (COBAC).
87. The recent acts of the Members of CAEMC show preparation for their economic and
monetary unions on various levels.  Firstly, the Members of CAEMC have focused on enhancing thefour freedoms within the common market:
- On the free movement of goods, already addressed in CACEU, the Members agreed
on the principle of re-launching the process of harmonizing VAT and excise duties
39;
- on the free movement of natural persons, the Members agreed on national treatment
of students from Member countries, accreditation of certified accountants and tax
advisers40;
- on the free movement of capital, the Investment Charter was adopted41;  and
- on the free movement of services, the Members wish to go ahead with possibilities of
interconnecting the underlying infrastructure of the common market, with agreementson the road network, telecommunications and air transport in particular.
42
88. Agreements of this kind economize on resources devoted to the modernization of
infrastructure, irrespective of whether they come from foreign investment funds or donors.  The
Members agreed on the regulations to ensure competitive conditions in the common market.43
                                                     
38 See http://www.izf.net/izf/Institutions/Institutions/Zone/Historique.htm.
39 Directive No. 1/99-CEMAC-028-CM-03 on harmonization of the legislation of Member States on
value added tax (VAT) and excise duties.
40 Regulation No. 9/99/UEAC-019-CM-02 on national treatment to be granted to students from
Member countries of the Community;  Decisi on No. 22/99/UEAC/-10-C-CM-02 on accreditation of
accountancy professionals; Decision No. 23/99/UEAC/-10-D-CM-02 on accreditation of tax advisers.
41 Regulation No. 17/99/CEMAC-020-CM-03 on the CAEMC Investment Charter.
42 Regulation No. 7/00/CEMAC-062-CM-04 adopting the intergovernmental Agreement on the
creation of a subregional centre for the maintenance of the telecommunications of the countries of CentralAfrica, Members of the Economic Community of Central African States (CEEAC);
Regulation No. 9/00/CEMAC-067-CM-04 on the adoption of the CAEMC priority integrated road network;
Regulation No. 10/00/CEMAC-066-CM-04 on the adoption of the CAEMC Civil Aviation Code;Regulation No. 6/99/CEMAC-003-CM-02 on the adoption of the Agreement on Air Transport between theMember States of CAEMC.
43 Regulation No. 1/99/UEAC-CM-639 on Regulation of anti-competitive commercial practices.Gabon WT/TPR/S/86
Page 33
89. The second level of preparation is the coordination of macroeconomic policies to support the
Monetary Union.44  Multilateral supervision is the mechanism chosen by the Members to achieve this
end, drawing its inspiration from the preparation for monetary union in the European Union.  The
introduction of the necessary technical means is planned for 2001.
(iii) The ACP-EU Partnership Agreement
90. Gabon is a member of the African,  Caribbean and Pacific (ACP) countries, with which the
EU has concluded a Partnership Agreement.  The Agreement entered into force on 1 March 2000 and
was signed on 23 June 2000 at Cotonou, Benin.45  It replaces the Lomé Convention, in place since
1975, the fourth extension of which expired at the end of February 2000.  Of the 71 ACP countries,
55 are Members of the WTO and 40 are least developed countries (LDC).
91. The provisions on trade are one of the mechanisms of cooperation between the ACP countries
and the EU.  The latter allows the duty-free entry of industrial and processed agricultural products
from the 70 ACP countries on the basis of non-r eciprocity (The Agreement on Trade, Development
and Cooperation is applied to South Africa).  The protocols on rum46 and bananas47 under the Fourth
Lomé Convention are suspended, but protocols 3 and 4 on sugar, beef and veal, respectively, are still
in force.  Gabon is not among the ACP countries which benefit from the protocols still in force.48
92. No decision has been taken by the WTO Members on the request of the ACP and EU parties
for a waiver of the EU's obligations under Article I:1 of GATT 1994 (which concerns MFN
treatment).  This request concerns the period from 1 March 2000 to 31 December 2007, when new
trade arrangements compatible with WTO rules are to be concluded.49  The EU has undertaken to
allow duty-free entry from now until 2005 at the latest to "practically all products from all LDCs".50
For the ACP countries which are not LDCs, among  them Gabon, the EU envisages three options:
conclusion of a partnership agreement on a bilateral basis;  conclusion of a regional economicpartnership agreement between the EU and a regiona l group (e.g. CAEMC) or integration in the EU's
generalized system of preferences (GSP).
93. According to a joint analysis by EU and ACP experts of the GSP option for the 31 ACP
countries which are not LDCs, the GSP is a consider ably different framework for trade relations, since
the preferences are not contractual.
51  The analysis also showed that access to "globally equivalent"
markets in the context of the GSP would not appl y to nine of the 31 ACP countries which are not
                                                     
44 Directive No.01/00/UEAC-064-CM-04 on the establishment of multilateral supervision of
macroeconomic policies in the CAEMC Member States;  Decision No.1/00/UEAC-064-CM-04 setting the
timetable for the establishment of multilateral supervision of macroeconomic policies in the CAEMC MemberStates.
45 European Commission Press Release, IP/00/640.
46 Rum produced by the ACP countries is admitted duty-free from 1 January 2000 and top quality rum
from 2003 under an agreement concluded with the United States on spirits (OJ L 155, 1997).
47 The preferences enjoyed by bananas result from Article 1 of Annex V of the Partnership Agreement
under the new common organization of the Community banana market (Council Regulation No. 404/93 asamended) which is to replace the regime which was the subject of dispute settlement procedures in the WTO.
48 Among the other CAEMC Members, it should be noted that Cameroon was a beneficiary of the
protocol on bananas, and Congo remains a beneficiary of the protocol on sugar.
49 G/C/W/187.  The derogation granted by the WTO (WT/L/186), which extended the derogation under
Article I (MFN) of the GATT for the Fourth Lomé Convention between the ACP countries and the EEC (GATT
document L/7694) ended on 29 February 2000.
50 Article 37, G/C/W/187/Add.1.
51 CE/TFN/GCEC3/29-EN, ACP/00/177/99 [on line], which can be consulted at the following address:
http://europa.int.eu/comm/dg08/event/gsp_en.pdf  [14 June 1999].WT/TPR/S/86 Trade Policy Review
Page 34
LDCs, above all because the preferential access envisaged under the protocols of the Lomé
Convention on goods, including sugar, beef and veal, had been retained in the Partnership Agreement.
Gabon is one of the ACP countries for which access to markets is "globally equivalent" under the
GSP.
94. A major element of the conclusion of a bilateral or regional economic partnership agreement
will be the disappearance of non-reciprocal trade preferences in favour of ACP countries.  Anyagreement will envisage that by the end of the transition period, 2020 at the latest, the ACP countries
concerned will have eliminated customs duties on imports from the EU, thus granting preferential
access to EU products.  Consequently, fiscal revenues will decline and competition in the domestic
markets of the ACP countries affected by these agreements will be stronger.  On the other hand,
consumers will benefit from the fall in prices and the simulating effect on domestic companies.Detailed economic studies are, however, needed to evaluate the precise impact on the economy of
each of the ACP countries.
(iv) Bilateral agreements
(a) Trade
95. Over the years, Gabon has concluded numerous bilateral trade and economic cooperation
agreements.  Of these, mention should be made of the agreement concluded in 1983 with France,
Gabon's leading trading partner.  Other agreements are being negotiated.
(b) Investment
96. Gabon has been a member of the Multilateral Investment Guarantee Agency (MIGA) and the
International Centre for Settlement of Investment  Disputes (ICSID) since 1994.  Gabon is also a party
to the following bilateral agreements:
- With the United States, Agreement on reciprocal investment promotion and
protection, concluded in 1987 and renewed in 2000;
- with Germany, the Treaty on mutual encouragement and protection of investment and
capital, concluded in 1989;
- with Spain, the Agreement on investment promotion and protection concluded in
1995 and renewed in 2000;
- with Romania, the Agreement on encouragement, promotion and guarantee of
investments, concluded in 1979 and ratified in 2000;
- with Egypt, the Agreement on investment promotion and protection concluded in
1997 and ratified in 2000;  and
- with Morocco, the Convention on protection, encouragement and guarantee of
investments, concluded in 1979 and in course of ratification.