WT/TPR/S/132 Trade Policy Review
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II. LEGAL AND INSTITUTIONAL FRAMEWORK FOR FOREIGN TRADE AND
INVESTMENT TRADE
(1) OVERVIEW
1. 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 WAEMU’s 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.
2. 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 WTO 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 WTO
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 (Annex II.1). Burkina’s authorities would like to see the establishment of the Integrated
Framework (IF) in the near future in order to support the development of the country’s exports and so
become better integrated in the multilateral trading system.
(2) GENERAL CONSTITUTIONAL ,LEGAL ANDINSTITUTIONAL FRAMEWORK
3. 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.1The 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 Compaoré’s current presidential mandate of seven years was
renewed at the time of the elections held on 15 November 1998.2
4. The President of the Republic appoints the Prime Minister and the other members of the
Government on the latter’s proposal. The present Government took office on 10 June 2002 and is
1The current Constitution was adopted by referendum on 2 June 1991 and enacted by Kiti (law)
No. AN-VIII-330/FP/PRES of 11 June 1991. This text has been revised three times: Law No. 002/97/ADP of
27 January 1997; Law No. 003-2000/AN of 11 April 2000; and Law No. 002-2002/AN of 22 January 2002.
2The 2000 revision brought in a five-year term, renewable once only, which will come into effect at
the next elections planned for 2005.Burkina Faso WT/TPR/S/132
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made up of 30 ministers.3The latest census in 2000 showed that Burkina Faso’s civil service
comprised 37,000 people. Reform of the civil service has been under way since 1998.4
5. Parliament consists of a single chamber, the National Assembly5, which exercises legislative
power. It considers legislation submitted by the Government or proposed by deputies and adopts laws,
including the Finance Law6Out of 111 deputies, 90 are elected on the basis of regional lists while
21 are elected on the basis of a national list7, the next parliamentary elections will take place in 2007.
6. Laws adopted by the National Assembly are transmitted to the President, who enacts them,
and they are then published in the Journal Officiel .8The 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 period9Ordinances 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.
7. Judicial power belongs to four bodies: the Court of Cassation, the Council of State, the Court
of Audit, and the Constitutional Court.10Judicial 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 4 June 1998.11The 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.
8. Since 1998, Burkina Faso has been divided into a number of local government authorities and
their financial autonomy is planned but not yet effective.12
9. 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.13Since 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
3Decree No. 2002-205/PRES/PM of 10 June 2002.
4Law 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.
5The 2002 revision of the Constitution did away with the House of Representatives, which had an
advisory role.
6Pursuant 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”.
7This change in the voting procedure will only come into effect at the next elections.
8TheJournal Officiel is available on line at http://www.legiburkina.bf/.
9Since 1992, three enabling laws have been adopted (in 1992, 1993 and 1997).
10The 2000 revision of the Constitution did away with the Supreme Court, formerly composed of four
chambers (administrative, constitutional, judicial and audit).
11The 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.
12Law No. 041/98/AN.
13Available [on line] at http://www.ces.gov.bf/.WT/TPR/S/132 Trade Policy Review
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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.
10. The Office of Ombudsman ( Médiateur du Faso ) was created in 199414, and is intended to
protect citizens against any inappropriate behaviour on the part of public authorities and ensure that
they function effectively.15It 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.
(3) TRADE ANDINVESTMENT POLICY
(i) Main features
11. The “Policy Letter on Development of the Private Sector” of 2002 relates an analysis of the
private sector’s 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.16The 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.
12. 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 88 State enterprises listed in Burkina Faso in
1991 at the beginning of the privatization process, 26 have been transferred to the private sector out of
the 43 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.
(ii) Institutional framework
13. 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.17The Minister is currently in charge of the WTO 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).18
14Law No. 22/94/ADP of 17 May 1994.
15Available [on line] at http://www.mediateur.gov.bf/.
16Drawn 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.
17The General Trade Department (DGC) is responsible for implementing the Ministry’s policy on
trade, pricing and competition. The General Industrial Development Department (DGDI) is entrusted with
implementing the Ministry’s 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.
18Order No. 005/MCIA/SG/CGU of 13 January 2000.Burkina Faso WT/TPR/S/132
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14. 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.
15. The Burkina authorities have created three structures for Burkina’s participation in the WTO:
- The National Unit for following up and coordinating the implementation of the WTO
Agreements (CNS/OMC), under the Minister for Trade, is responsible for
coordinating the implementation of the project on following up the WTO
Agreements19,
- The Ministerial Committee for following up multilateral trade negotiations, set up in
2003 and chaired by the Minister for Trade, follows the Doha Development
Agenda20,
- The National Committee to guide activities for implementation of the project on
following up the WTO 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.21
16. The three main structures in support of enterprises are still the Chamber of Commerce,
Industry and Crafts of Burkina Faso (CCIA-BF)22, the Burkina Dockers’ Council (CBC)23and 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 Faso’s 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).24
(iii) Instruments
(a) International agreements and treaties25
17. 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.
19In 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 WTO 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.
20Decree No.2000-400/PRES/PM/MCIA o f 13 September 2000.
21Order No.2000-056/MEF/MCIA/SG/DGC of 8 September 2000.
22The 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.
23The CBC protects the interests of importers and exporters in the area of goods transport by sea, land,
rail or air.
24Available [on line] at http://www.tradepoint.bf.
25Title XIII of the 1991 Constitution.WT/TPR/S/132 Trade Policy Review
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18. Treaties or agreements ratified (for example, the WTO Agreement) take precedence over laws
once they have been published in the Journal Officiel26,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 WTO may be directly cited
in legal proceedings, but this has not yet been the case.
19. According to information provided by the Burkina authorities, only the act ratifying the WTO
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 WTO 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 WTO Agreements.
(b) Trade in goods
20. Burkina Faso’s 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 (Chapter III(2)(ii)), as well as contingency measures
(Chapter III(2)(x)). The scope and levels of excise duty and VAT are determined in the Burkina Faso
Tax Code27, as revised by the 2003 Finance Law28, in accordance with the regulatory framework
established by the WAEMU.
21. 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 (Chapter III (2)(vii)).29The Customs Code30still 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 (Chapter III (2)(ii)).31
22. A national conformity certificate (CNC) is still required for some goods destined for
consumption in Burkina Faso (Chapter III(2)(viii))32, even though Burkina Faso still does not have
any regulatory framework for standardization.
23. The competition and pricing regime was amended in 2001 to give the National Competition
and Consumption Commission a role in regulation and imposing penalties (Chapter III(4)(ii)).33The
WAEMU regulatory framework on competition came into effect on 1 January 2003 but is not yet
being applied in the WAEMU member States (Chapter IV(4)(ii)). The rules on government
procurement were revised in 2003 (Chapter III(4)(iv)).34
26The ratification of the WTO Agreement was endorsed under Law No.13/95/ADP of 3 May 1995.
27Law No. 6/65/AN of 16 May 1965, as amended by Law No. 57-95/ADP of 21 November 1995.
28Law No. 36-2002/AN of 19 December 2002.
29Ordinance No. 91-0069/PRES of 27 November 1991 and its implementing texts. Decree
No. 97-466/PRES/PM/MEF/MCIA of 30 October 1997 and its implementing texts.
30Law No. 03-92-ADP of 3 December 1992.
31Decree No. 97-466/PRES/PM/MEF/MCIA of 30 October 1997 and its implementing texts.
32Decree No. 94-014 of 5 January 1994.
33Law No.15/94/ADP of 5 May 1994, amended by Law No. 033-2001/AN of 4 December 2001.
34Decree No. 2003-269/PRES/PM/MFB of 27 May 2003.Burkina Faso WT/TPR/S/132
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(c) Trade in services
24. 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.
25. The banking services sector in Burkina Faso is subject to the WAEMU’s common banking
regulations and the prudential measures determined by the WAEMU Banking Commission, which
also monitors the sector (Chapter IV(4)(iv)). In 1998, the West African Regional Stock Market
(BRVM) was also created within the WAMU.
26. The insurance market in Burkina Faso is governed by the Insurance Code of the Inter-African
Insurance Market Conference (CIMA).35
27. Land and air transport are subject to common action within the WAEMU.36
28. The regulations governing the profession of trader, an indispensable activity for trade in
goods and services, remains the same since the first review37and foreigners still require an
authorization in order to engage in a trade (Chapter III)2)(i)).38
29. 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 1998.39Activities in other services sectors are provided by private
operators, subject to the relevant commercial law and taxation provisions, etc.
(d) Protection of intellectual property
30. 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.40Burkina Faso ratified the Bangui Agreement (1999) on 8 June 2001.41The
revised Agreement, together with Annexes I to VIII thereto, came into force on 28 February 2002
(Chapter III(4)(i))42, the OAPI Administrative Council has deferred the entry into force of Annexes IX
and X 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.
35The CIMA was established in 1992 and also includes Benin, Cameroon, Central African Republic,
Chad, Congo, Côte d’Ivoire, Gabon, Niger, Senegal and Togo.
36Directive 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.
37Ordinance No. 81-0026/PRES/CMREN of 26 August 1981 and its implementing texts.
38Law No. 01-102/MCPEA/SG/DGC of 30 November 2001.
39Law No. 051/98/AN of 4 December 1998.
40The OAPI also includes Benin, Cameroon, Central African Republic, Chad, Congo, Côte d’Ivoire,
Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo. See the OAPI
site: http://www.oapi.wipo.net.
41Law No. 004-2001/AN of 15 May 2001.
42These cover patents, utility models, trademarks, industrial designs, trade names, geographical
indications, literary and artistic property, and protection against unfair competition.WT/TPR/S/132 Trade Policy Review
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31. 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.
32. 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 (Chapter III(4)(i)).43The
Burkina Copyright Office (BBDA) is responsible for collective administration in Burkina Faso.
33. 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.
(e) Investment
34. The legal regime governing investment in Burkina Faso has not changed since 199744;
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
205 projects and investment of CFAF 333 billion, the creation of 6,500 jobs and value added of
CFAF 813 billion. 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.
35. 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 (Chapter IV(3)(iv)).45
36. 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 (Table II.1). One
exception is the export enterprise regime, under which enterprises that export at least 80 per 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 50 per cent of all the raw materials directly utilized in production. They are
permanently exempt from the business tax and receive a reduction of 50 per cent in import duty on
production equipment and spare parts. According to the data provided by the Burkina authorities,
23 projects were approved under the Investment Code in 2003 (16 production projects and seven
services projects), and the revenue lost was some CFAF 26 billion.
43Law No. 032/99/AN of 22 December 1999.
44Law 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.
45Law No. 023/97/AN of 22 October 1997.Burkina Faso WT/TPR/S/132
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Table II.1
Investment Code – privileged regimes
Approval
regimeActivity
approvedInvestment
required
(CFAF)Number of
permanent
jobs to be
createdStart-up benefitsOperating benefits
Full exemption50 per cent
reduction
Regime A Project for an
enterprise
engaged in
producing,
preserving or
processingLess than
20,000,000At least 3 Payment of customs duty in
Category I of the Customs Tariff at
a rate of 5 per 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 B Project for an
enterprise
engaged in
producing,
preserving or
processingAt least
20,000,000At least 7 Payment of customs duty in
Category I of the Customs Tariff at
a rate of 5 per 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 C Project for an
enterprise
engaged in
producing
preserving or
processingAt least
500,000,000At least 50 Payment of customs duty in
Category I of the Customs Tariff at
a rate of 5 per 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 D Project for an
enterprise
supplying
servicesAt least
10,000,000At least 7 Payment of customs duty in
Category I of the Customs Tariff at
a rate of 5 per 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 E Project for an
enterprise
supplying
servicesAt least
500,000,000At least 30 Payment of customs duty in
Category I of the Customs Tariff at
a rate of 5 per 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 5 per 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
enterprise’s work
and directly
payable by the
enterprise.Standing reduction
of 50 per 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.WT/TPR/S/132 Trade Policy Review
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37. 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)). Burkina Faso has signed
some dozen bilateral agreements on investment.46It 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.
38. 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 Code’s 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
regimes A, B, C, D and E is a cumulative rate of value added that is equal to or higher than 25 per
cent of cumulative turnover over five years. The average length of time needed to deal with
applications for approval is 45 days. The National Investment Commission decides on eligibility for
the concessions in the Investment Code and there is no appeals procedure if approval is refused.
39. 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.
40. It should be noted that Burkina Faso’s 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.
(4) TRADE POLICY FRAMEWORK AGREEMENTS
(i) WTO
(a) Multilateral agreements
41. Burkina Faso, as a Contracting Party to the GATT (as of 3 May 1963), became a WTO
Member on 3 June 1995. It is recognized to be a “least developed country (LDC)”. Burkina Faso is
not party to any plurilateral agreement.
42. During the Uruguay Round, Burkina Faso bound customs duties applicable to the majority of
agricultural products at a ceiling of 100 per cent – except for the goods previously included in
Schedule XLVI of the GATT 1947 – and those applicable to products in Chapters 45, 46, 47 and 49 of
the Harmonized System (Chapter III(2)(iv)(b)). The “other duties and taxes” on imports of these
46The 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.Burkina Faso WT/TPR/S/132
Page 19
products were bound at 50 per cent. Burkina Faso has, however, inherited the tariff bindings made by
France on behalf of French West Africa (AOF) during the colonial era.47
43. 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 (Chapter III).48
44. Burkina Faso appears to have encountered some problems as regards updating its
notifications (Table II.2).
Table II.2
Selected WTO documents relevant to Burkina Faso, March 2004
Agreement WTO document Content
Multilateral agreements on trade in goods
GATT 1994 Schedule XLVI – Burkina Faso of 15 April 1994 Tariff concessions
Agreement on Implementation of
Article VII of the GATT 1994WT/LET/19 of 15 June 1995
G/VAL/N/1/BFA/1 of 30 October 2002Implementation deferred
Reference values
Agreement on Implementation of
Article VI 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 regulations
Agreement on Preshipment Inspection G/PSI/N/1/Add.5 of 3 February 1997 Laws and regulations
Agreement on Agriculture G/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 subsidies
Agreement 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 measures
Agreement on Rules of Origin G/RO/N/19 of 23 January 1998 Non-preferential and preferential regimes
Agreement 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 questionnaire
General Agreement on Trade in Services
GATS/SC/14 of 15 April 1994 Schedule of specific commitments on
services
Enabling Clause WT/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)
aNotified by Burkina Faso.
Source: WTO Secretariat.
45. Burkina Faso also has problems in applying the Agreement on Implementation of Article VII
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 2000.49In 2002, Burkina
Faso then notified the WTO Members of the WAEMU regulations on customs valuation, and gave a
47Benin (Dahomey), Burkina Faso (Upper Volta), Côte d’Ivoire, Guinea, Mali (French Sudan),
Mauritania, Niger and Senegal.
48WTO document G/MA/IDB/2/Rev.17 of 14 October 2003.
49WTO document WT/LET/19 of 15 June 1995.WT/TPR/S/132 Trade Policy Review
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national list of reference values affecting 33 tariff lines (for example, sugar, refined vegetable oils,
cigarettes) not originating in WAEMU countries (Chapter III(2)(iii)).50An approach is currently being
made to the Committee for the maintenance of minimum values.
46. Burkina Faso’s Schedule of Specific Commitments under the GATS (GATS/SC/14) concerns
only tourism-related services (Chapter IV(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 Article II (MFN) exemptions under the GATS.
47. Since 1995, Burkina Faso has applied the transitional provisions allowed under Article 66 of
the TRIPS Agreement (which apply to LDCs) in order to defer full implementation of the Agreement
until 2006 (with the exception of Articles 3, 4 and 5). It has not yet notified the revised Bangui
Agreement and Annexes I to VIII thereto, which entered into force on 28 February 2002, but the
authorities have the intention of doing so.
(b) Participation in WTO activities
48. 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 WTO. Burkina Faso therefore
supports the request made by the WAEMU Commission to become an observer at the WTO. 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 issues51, particularly with regard to the
subsidies given by some WTO Members for cotton, which was the subject of a proposal at the Cancún
Ministerial Conference.52
49. The absence of a mission in Geneva was for a long time an obstacle to Burkina Faso’s
participation in the WTO’s activities, but an office was set up in January 2004. Burkina Faso is
eligible to participate in the WTO trade policy courses and has received technical assistance from the
WTO. Further trade-related technical assistance could be envisaged (Annex II.1) and the Burkina
authorities would like to benefit from the redefined Integrated Framework.
(ii) Regional economic agreements
(a) African Union53
50. The achievement of African unity is one of Burkina Faso’s fundamental objectives.54
Burkina Faso is a founding member of the African Union, which replaced the Organization of African
Unity (OAU).55Ultimately, 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
50WTO document G/VAL/N/1/BFA/1 of 30 October 2002.
51Directive No. 06/2003/CM/UEMOA.
52WTO document WT/L/539 of 29 August 2003.
53Information available [on line]. Available at http://www.africa-union.org.
54Articles 146 and 147 of the 1991 Constitution.
55The 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 Lomé (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.Burkina Faso WT/TPR/S/132
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monetary fund, the African Investment Bank, the Court of Justice (statute prepared), the Economic,
Social and Cultural Council (statute prepared), and technical commissions.
(b) Economic Community of West African States (ECOWAS)56
51. Burkina Faso is a founding member of the ECOWAS, whose Treaty was revised in 1993 in
order to revive the economic integration process.57Following 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.
52. 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 decided58, providing for the gradual lifting of tariff barriers on industrial products
originating in the ECOWAS.59The achievement of monetary union has been deferred until a later
date.60
53. 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 11 per cent of members’ total trade.61In order to turn the
situation around, in 1999 the economic integration process was given renewed impetus.62The
progress made relates in particular to the establishment of a mechanism to compensate for the loss of
customs revenue caused by the preferential regime63, harmonized with that of the WAEMU.64Less
56Available [on line] at http://www.ecowas.int.
57The Treaty establishing the ECOWAS was signed on 28 May 1975. ECOWAS currently comprises
15 countries: Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia,
Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.
58Decision A/DEC.6/7/92.
59In 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 1,074 approvals for
some 1,500 products. The majority of these enterprises are in Nigeria (171), Ghana (113), and Côte d’Ivoire
(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, Côte d’Ivoire,
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]”.
60The 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).
61Executive Secretariat of the ECOWAS (2000b).
62ECOWAS press release No.46/1999. See also Executive Secretariat of the ECOWAS (2000a),
Chapter II.
63Protocol A/P2/1/03. The fund’s resources consist of a community solidarity levy (0.5 per 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.
64Protocol 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).WT/TPR/S/132 Trade Policy Review
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progress has been made in introducing the CET of the ECOWAS.65The 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).
54. 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).66The ECOWAS is
also the focal point for the implementation of the New Partnership for Africa’s Development
(NEPAD) project launched at the Lusaka summit in 2001.67
55. 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.
56. The ECOWAS is also responsible for settling disputes in the subregion (for example, in Côte
d’Ivoire, Liberia and Guinea-Bissau).
(c) West African Economic and Monetary Union (WAEMU)68
57. Burkina Faso is a founding member of the WAEMU69, 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.
58. 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 procedure70, (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.
59. The WAEMU has gradually liberalized trade (Box II.1). The preferential regime allows local
products and traditional handicrafts originating in member States to enter free of duty (since 1 July
1996), as well as approved industrial products originating in the Union (since 1 January 2000).
Products not originating in the Union are subject to the CET, introduced on 1 January 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
65Executive Secretariat of the ECOWAS (2000a).
66Decision A/Dec.11/12/01.
67African Union (2001).
68Information available [on line]. Available at http://www.uemoa.int.
69The WAEMU Treaty was signed on 11 January 1994 by Benin, Burkina Faso, Côte d’Ivoire, Mali,
Niger, Senegal, and Togo; Guinea-Bissau acceded to the Treaty on 1 January 1997. The Treaty and certain
projects were notified to the WTO under the Enabling Clause (see Table II.1).
70Additional Act No. 4/99.Burkina Faso WT/TPR/S/132
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should have expired at the end of 2002 but was renewed in 2003 and then again until 2005.71Burkina
Faso applies a TDP of around 5 per 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.72
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 WAEMU’s 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 (Book I: 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]
60. In addition to the CET, the WAEMU member States are gradually adopting a CTP vis-à-vis
third countries and within the WTO (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 24 April 2002. Other agreements between the WAEMU and third countries
are under preparation: Algeria, Egypt, Lebanon, Morocco and Tunisia. While awaiting their
conclusion, Burkina Faso’s 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).
61. With regard to the coordination of national sectoral policies, the WAEMU has adopted
common policies in the following areas: agriculture73, energy74and industry75. The operating
procedures for the Union’s 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.
71Regulation No. 19/2003/CM/UEMOA.
72WAEMU Commission (2003a).
73Additional Act No. 3/2001.
74Additional Act No. 4/2001.
75Additional Act No. 5/1999.WT/TPR/S/132 Trade Policy Review
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62. 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.76A common programme on the building of checkpoints on the borders between
member States has been adopted and its implementation appears to be under way.77
63. 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 1 January 2003, but is not applied in member States (Chapter III(4)(iv)). A draft
“WAEMU Investment Charter” has not been adopted for lack of agreement on the concessions to be
granted for approved projects.
(d) ACP-EU Partnership Agreement
64. Burkina Faso is one of the 77 ACP countries with which the EU has signed a Partnership
Agreement, which provisionally entered into force on 1 March 2000.78Trade 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.
65. The WTO Members have granted the EU a waiver from its obligations under Article I.1 of the
GATT 1994 (concerning MFN treatment) for the period 1 March 2000 to 31 December 2007, by
which time new trading arrangements consistent with the WTO’s rules must have been concluded.79
Under the Cotonou Agreement, these arrangements will be in the form of an Economic Partnership
Agreement between the EU and various regional groups.80The EU initiated the negotiations on
27 September 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 4 October 2003 and with
West African countries, represented by the ECOWAS, in collaboration with the WAEMU, on
6 October 2003.81The EU considers that the negotiations on the Economic Partnership Agreement
will strengthen the regional integration process within the ECOWAS.
66. The EU supports the participation of West African countries through a €20 million 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
76Decision No. 2/2001.
77Decision No. 8/2000.
78The Agreement was signed on 23 June 2000 in Cotonou, Benin, and entered into force definitively
on 1 April 2003 after ratification. The Agreement replaced the Lomé Convention, which had been in effect since
1975 and whose fourth extension expired at the end of February 2000.
79WTO document WT/MIN(01)/15 of 14 November 2001. The waiver granted by the WTO
(WT/L/186), which extended the waiver under Article I (MFN) of the GATT for the Fourth Lomé Convention
between the ACP countries and the EEC (GATT document L/7604), ended on 29 February 2000.
80According 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).
81Press release of the trade DG of the European Commission of 3 October 2003.Burkina Faso WT/TPR/S/132
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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.82At 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.83
82Executive Secretariat of the ECOWAS (2000b).
83ECOWAS press release No. 73/2003 (23 July 2003) (in French only).WT/TPR/S/132 Trade Policy Review
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ANNEX II.1: TRADE-RELATED TECHNICAL ASSISTANCE
(1) OVERVIEW
1. Burkina Faso participates in the Integrated Framework (IF) process initiated in 1997.1
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.2As 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.3At the same time, Burkina Faso has participated in the JITAP (Joint
Integrated Technical Assistance Programme/Programme Intégré 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 WTO.4
JITAP I was implemented in Burkina Faso as of 1999 and JITAP II since 2003.
2. The JITAP, together with the action taken by the WTO 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.5
3. Regarding the activities under way, it should be noted that JITAP Phase II came into effect in
February 2003.6The WTO 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 WTO
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 WTO.
4. 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 Bank7, the European Union8, the Agence
1Available [on line] at http://www.integratedframework.org.
2At the 37thmeeting of the Integrated Framework Working Group, held on 29 October 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.
3WTO document WT/COMTD/IF/24 of 15 April 1998.
4Phase I of the JITAP (1998-2002) has been implemented in Benin, Burkina Faso, Côte d’Ivoire,
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$10 million (http://www.jitap.org).
5ITC document ITC/DTCC/03/2679/4 of 30 April 2003.
6Phase II of JITAP (2003-2005) extends JITAP’s 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$14 million
(WTO Press Release WTO/328 of 20 December 2002 and Report on the progress of the JITAP for 2003, period
from 1 November 2003 to 31 January 2004).
7“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].
8Commission of the European Union (2001); Commission of the European Union (2002).Burkina Faso WT/TPR/S/132
Page 27
intergouvernementale de la Francophonie (the Intergovernmental Francophone Agency)9, the Agence
française de développement (French Development Agency)10, and other bilateral partners. A number
of activities are also implemented by non-governmental bodies (NGOs, charities).
(2) ACTION CARRIED OUTBYTHEWTOSINCE 199511
5. The JITAP has helped in setting up a new interministerial structure to follow up WTO-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 WTO is to ensure the effective
functioning of these new structures as regards notifications to the WTO, implementation of the WTO
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.
6. 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 WTO’s 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 market’s 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”).
7. Between January 1998 and December 2003, officials from Burkina Faso took part in
22 seminars, 22 workshops and 12 regional training courses, as well as 38 other activities organized
by the WTO relating to various aspects of the multilateral trading system.12Over the same period, in
addition to eight WTO 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 WTO’s
Training Institute in Geneva.
8. 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).
9“Programme de formation en négociation d’accords commerciaux et d’investissements
internationaux ” (Training programme for the negotiation of trade agreements and international investment);
“Concertations économiques francophones” (Francophone economic consultations); “ Appui technique aux PMA
francophones ” (Technical support for Francophone LDCs); “ Renforcement des capacités des organisations
d’intégration économique régionale ” (Capacity building in regional economic integration organizations). See
Organisatio internationale de la Francophonie (2002).
10Information available [on line]. Available at http://www.afd.fr/projets/projets_pays.cfm?id=2.
11This 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 WTO’s Training and Technical
Cooperation Institute.
12These covered the following subjects: trade and the environment; the Integrated Database (IDB); the
Doha Development Agenda and preparations for Cancún; sanitary and phytosanitary measures; technical
barriers to trade; the GATS; agriculture; regional integration; dispute settlement practices and procedures;
market access; customs valuation; WTO rules on safeguards, anti-dumping and countervailing measures; review
of trade policies; textiles; notifications; and the reference centre.WT/TPR/S/132 Trade Policy Review
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(3) ACTION PLANNED BYTHEWTO FOR200413
9. The WTO 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 WTO headquarters.
(4) ACTION THAT COULD BETAKEN BYTHEWTO
10. 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.
11. 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 Faso’s 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 Faso’s lacuna in this area.
12. 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.
13WTO document WT/COMTD/W/119/Rev.1 of 14 November 2003.