Mali WT/TPR/S/43
Page 25
III. ANALYSIS OF TRADE POLICY INSTRUMENTS
(1) INTRODUCTION
1. The trade reforms undertaken by Mali under the structural-adjustment programmes in
progress since 1988 have led to the dismantling of most non-tariff barriers to trade.  Apart from
tobacco and matches (imports) and precious substances (e.g. gold and diamonds) in the natural state
and young bovine animals (exports), the quantitative  restrictions in force are applied to productsgoverned by international conventions to which Mali is a signatory or are maintained for health or
safety reasons.  Documents (Certificates of Intention to Import for goods with a c.i.f. value of over
CFAF 250,000 and  Certificates of Intention to Export) are required for goods to enter or leave Mali.
Certificates of intention to import and certificates of intention to export gold and cotton are liable to
the payment of stamp duty (registration fee).  These certificates have been retained despite the tradereforms and they also make it possible to monitor the execution of the Import and Export Programme
(IMEX),  which acts as a trade forecasting fram ework (Chapter II.2).  A special authorization is
required for the export of hides and skins.  A verification programme for imports worth more than
CFAF 3 million has been operating since 1989.
2. Mali abolished duties and taxes on most exported products in 1991; only sales, including gold
exports, are still liable to the Service Provision Contribution (CPS) of 3 per cent,  and exports of
fishery products are subject to a tax of CFAF 7.5 per kg.  Import duties have likewise been greatly
simplified.  Imports are grouped into three main categories:  essential goods (Category I),
intermediate and capital goods (Category II) and other products (Category III).  The average of import
duties (excluding the 1 per cent community levy in total on imports from outside the WAEMU and
ECOWAS) is 22.1 per cent, with a 3 per cent minimu m and a 35 per cent maximum rising to 75 per
cent on sugar due to the 55 per cent short-term tax on this product.  Import duties are fairlyunselective and show a generally negative escalation from unprocessed to semi-finished products
(Table III.1).  The entry into force of the WAEMU common external tariff  should increase effective
protection levels in Mali, inter alia  by strengthening the (positive) escalation of duties.
Table III.1
Import duties according to degree of finishing, 1997
(Rate and average as a percentage)
Product Number of
linesAverage Minimum
rateMaximum
rateStandard
variationVariation
coefficient
Unprocessed products 693 27.4 3 35 11.9 0.43
Semi-finished products1,772 18.1 3 75 12.3 0.68
Finished products3,077 23.3 3 35 13.1 0.56
Total 5,542 22.1 3 75 13.1 0.59
Source:  WTO Secretariat on the basis of information from the Malian authorities.
3. Mali possesses no national legislation on anti-dumping, countervailing and safeguard
measures. After the devaluation of the CFA franc, an upsurge in counterfeiting was observed.  This
affects medicines, audio cassettes (the number of counterfeit audio cassettes is currently falling),
sports articles and the major brands.  A few token penalties have been imposed.  The AfricanIntellectual Property Organization (AIPO) Treaty, to which Mali is a signatory, is being amended to
align it on the provisions of the Agreement on Trade-Related Intellectual Property Rights.WT/TPR/S/43 Trade Policies Review
Page 26
(2) MEASURES DIRECTLY AFFECTING IMPORTS
(i) Registration and documents
4. Exercise of the profession of trader by Malians and nationals of countries which have signed
an establishment agreement with Mali is subject to entry in the commercial register and to payment of
an occupational tax which at the end of 1997 amounted to CFAF 550,000.  Entry is proved by means
of an extract from the register, which is valid until a request for removal is received.  Beforeattempting to obtain inclusion in the register, foreigners
1 need an authorization from the Minister for
Trade.  Nationals and foreigners wishing to work as a commercial agent (commission agent, broker,
sales agent) also need authorization;  a card ("carte professionnelle") is issued to the agent by the
Ministry of Trade.  The trader must also be registered with the National Statistics and Informatics
Directorate (DNSI) where he is issued with an identifier.2
5. Import formalities can be carried out either by the importer or by a customs agent.  Non-
customs formalities, which are carried out at the single window of the Ministry of Trade, require the
pro forma invoice and the tax discharge, both of which must be attached to the certificate of intention
to import; this certificate, and therefore these formalities, are not required for imports for non-
commercial purposes with a c.i.f. value of CFAF 250,000 or less (Section (vi)).  The final invoices orbills of lading/air waybill, insurance certificate, declaration of release for home consumption and, if
necessary, the certificate of intention to import and the certificate of verification by the inspecting
company are required at the time of actual importation.
6. The reception by the inspecting company of the documents resulting from non-customs
formalities is equivalent to an order to inspect the goods to be imported; copies of these documents
are used by the importer to domicile his transaction at a bank and to clear his goods from customs.
(ii) Inspection, customs valuation and customs clearance
7. An import-verification programme was introduced in 1989.  The pre-shipment inspection
contract concluded for this purpose with the General Inspection Company (SGS) was renewed in
1994.  Under the programme, all goods with an f.o.b. value exceeding CFAF 3 million (i.e. about
98 per cent of the total value of certificates of intention to import) are required to undergo qualitative
and quantitative inspections, price comparison and verification by the SGS of the tariff heading.Imports with a c.i.f. value exceeding CFAF 250,000, for which  a  certificate of intention to import is
required, are inspected selectively.  Hydrocarbons are inspected when the tanker wagons or vehicles
are loaded.  Inspection covers the nature, quantity of product and the importer's identification.  A
security label is attached to the transit note intend ed for the Malian authorities.  This security label
must be produced on demand and is necessary for the customs declaration to be accepted.  Theauthorities say that this procedure enables the transit operations for these products to be monitored
effectively.
8. The following are exempt from inspection:  gold, precious stones, works of art, ammunition,
weapons and explosives, live animals, fresh products, wood, secondary metals, plants and flowers,
fertilizers, cinematographic films, newspapers and periodicals, personal effects and gifts, postalpackages, trade samples, crude oil, grants,  serums and vaccines, vehicles coming within Chapters
HS 8702, 8703 and 8704, and imports by government de partments, diplomatic or consular missions
and United Nations agencies for their own account.
                                                     
1Foreigners means nationals of countries that have not signed an establishment agreement with Mali.
2The identifier issued by the DNSI is used for eco nomic analyses, but another more recent identifier
exists which is currently being issued by the National Tax Directorate and which will replace all others.Mali WT/TPR/S/43
Page 27
9. The time-limits for issuing and making available to the importer the inspection certificate
(ADV) required for the clearance of  goods vary with the issuing zones:  Africa, three working days;
Europe, four working days;  other countries, six working days, from the date on which the complete
dossier required is received.  The cost of preshipment inspection by the SGS (borne entirely by the
Malian State) comes to 0.95 per cent of the f.o.b. value, with a minimum of CFAF 120,000 per
inspection.  On the basis of the figure of 0.95 per cent, this minimum corresponds to the cost ofinspecting goods worth CFAF 12,631,579 francs, that is, over four times the minimum value of
imports for which inspection is required.
10. The definition of customs valuation applied in Mali is the Brussels
3 definition, which
corresponds to the "normal" price of goods, i.e. the price decided on for those goods (between a buyer
and an independent seller) at the place and time at which they are declared and under competitionconditions.  In accordance with the provisions of Article 20 (special and differentiated treatment) of
the Agreement on the Implementation of Article VII of GATT 1994, Mali has delayed the transition
to transaction value.  According to the authorities,  the transaction value will be applied from the year
2000, i.e. at the end of the period allowed to the developing countries under this treatment.
11. Declared values are subject to checks (primary, delayed and a posteriori) by the customs
service on the basis of the SGS inspection certificate and the value-file invoices.  Any dispute can be
referred to the Higher Tariff Committee
4;  no appeal has been recorded to date.  The values certified
by the SGS are regarded as references by the Malian customs, which in practice uses them in the
majority of cases.  No scale value is applied;  however, fixed reference prices exist for oil products in
order to reduce fluctuations in forecourt prices.
12. Customs clearance procedures are carried out in two stages:  a brief declaration of the goods
is made at the border office;  the goods are then transported to the office of destination (under customsescort) where the declaration is completed and the goods cleared.  After inspection and verification of
the goods, an acquittance is issued, the duties are paid and the goods removed.  Customs procedures
have been computerized since 1985 using the SYDONIA automated customs system which now deals
with 95 per cent of traffic.  Customs clearance operations in principle last two to three working days
at the office of destination.  In addition to these formalities there are frequent checks (60 control postsbetween Bamako and Abidjan)
5 within the country and at the borders, as well as differences in the
application of the official texts, copies of which are not available at all posts.
13. The bulk of customs offences relates to under-invoicing and goods smuggling.  The chief
products involved in this latter form of fraud are major consumer items like sugar, milk, flour, tea and
cigarettes.  Moreover, inadequate control of su spensory regimes means, for example, that goods
placed in warehouses can be released for home use without payment of the relevant duties and taxes.
                                                     
3Article 27 of the 1965 Customs Code.
4This Committee, which is provided for by Article 22 of the Customs Code, is composed of a
representative of the Minister for Planning, a representative of the Minister of Trade and Transport, arepresentative of the Minister of Finance, a representative of the Minister of Development, a representative of
the Economic Affairs Service, a representative of the Chamber of Commerce, a representative of the Director of
Customs, and two experts appointed respectively by the representative of the customs service and by theplaintiff.  The Chairman of the Committee is appointed by the members on the basis of his knowledge(Article 23).
5CEFTE (1997a).WT/TPR/S/43 Trade Policies Review
Page 28
(iii) Import duties
14. With regard to import duties, Mali grants at least MFN treatment to all countries.  MFN
import duties are made up of a customs duty (DD), a fiscal import duty (DFI), a service provision
contribution (CPS), the community solidarity levy (PCS) and the community levy (PC).  Internal
taxes (VAT and excise duties) are also levied at the customs "cordon" on imports.  The basis for
import duties is the c.i.f. value and for internal taxes the same value plus the import duties.  The tariffreform carried out under the structural-adjustment programme and applied since February 1991 was
designed to rationalize the system for protecting local products, to simplify the taxation of imported
goods and to reduce fiscal drag which leads to smuggling and false value declarations.  The customs
tariff has therefore been simplified and nominal protection reduced particularly for industrial
equipment, the chief agricultural inputs and school equipment.  The average level of tariff protectionin Mali could increase following the introductio n of the common external tariff (TEC) of the
WAEMU.
6
(a) Nature and level of MFN duties.
15. Mali adopted the Harmonized System (HS) nomenclature in 1994.  The customs tariff in force
at the end of 1997 contains only ad valorem  duties;  the total number of eight-digit tariff headings in
the HS (1996 version) is 5542.  Mali does not apply any seasonal duties, tariff quotas or variable
levies.  The structure of import duties has been simplified under the tariff reform:  the number of taxes
and customs-duty rates has been reduced.7  For taxation purposes, imports are grouped into three main
categories:  basic products (Category I), intermediate and capital goods (Category II) and other
products (Category III).8  Since August 1997, raw materials, intermediate goods and spare parts
intended for industry have been taxed as Category I products.  The import duties currently in force
include:  the DD at 0 per cent (Category I) and 5 per cent (Categories II and III);  the DFI at zero percent (Category I), 10 per cent (Category II) and 25 per cent (Category III);  the CPS at 3 per cent on
petroleum products and 5 per cent on other products
9;  the PC and PCS of 0.5 per cent each levied on
behalf of ECOWAS and WEAMU;  and a short-term import tax (TCI) levied on sugar at the 55 per
cent rate (25 per cent until March 1997)10;  the TCI on rice was suspended following devaluation.  The
TCI was introduced  to strengthen protection for lines of national production subject to "strongcompetition".  Its rate is calculated on the national cost price and the world price.
16. The average of import duties (not including the 1 per cent total PC and PCS) is 22.1 per cent,
with a minimum of 3 per cent and a 35 per cent maximum (75 per cent on sugar as a result of the TCI
of 55 per cent).  Import duties are fairly unselective:  the coefficient of variation is 0.59 and indicates
that, in general, duties differ moderately from one type of product to another.  The least heavily taxedproducts are those of the chemical and pharmaceutical industries, non-electric machines and oil.  The
most highly taxed goods are fishery products, tobacco, clothing, leather products, footwear, furniture
(other than metal), pottery and china (Chart III.1).
17. Forty-nine per cent of tariff headings were not used in Mali in 1996.  The average of  import
duties calculated on the tariff headings used is slightly lower:  21.7 per cent.  The collection rate forimport duties (i.e. total receipts in respect of import duties versus the c.i.f. value of imports released
for home use) is 9.4 per cent.
                                                     
6CEFTE (1997a).
713 taxes and 27 customs duties rates used to be applied.
8The new WAEMU classification into four categories should be adopted not later than 1 July 1998 and
applied from 1 January 1999.
980 per cent of exempted imports are subject to the CPS.
10The TCI on sugar is reduced during Lent and restored to its previous level after this "sensitive" period.WT/TPR/S/43 Trade Policies Review
Page 30
0.05.010.015.020.025.030.0Chart III.2
Average import duties by degree, CITI Revision 2, 1997
Source :  WTO Secretariat estimates.Per cent
Unprocessed productsSemi-processed productsFully processed productsAll products
TotalManufacturing industriesMining industriesAgriculture
(b) Other duties and taxes
19. Value added tax (VAT) has been in force since 1991.  There are now two rates:  a reduced
rate of 10 per cent and a normal rate of 15 per cent;  these rates are the lowest in the WAEMU.  VAT
on imports is calculated on the c.i.f. price increased by the import duties.11  The following are exempt
from VAT:  the sale by farmers of their products and the products of their livestock production,
operations carried out by fishermen in connection with the unprocessed products of their fishing, the
sale of original works of art by creative artists, the sale of grain cereals, the sale of raw edible meat
and offal, bread, sugar cane, real-estate promoters and developers with an annual turnover of
CFAF 1 million or less, breeding animals, seed potatoes and vegetables, rice, maize, groundnuts,cotton seeds, fertilizers, pesticides, farm equipment, water pumps, medicinal products, medical and
surgical instruments and appliances, school books, stamps and stamped paper, certain petroleum
products, bread and sugar cane.  Exports are zero-rated as regards reimbursement of the VAT levied
on the inputs and factors of production used in their manufacture.
20. The service provision tax (TPS) is payable by all persons who provide services and who have
an annual turnover of more than CFAF 1 million.
12  The TPS also has a reduced rate of 7 per cent,
                                                     
11Article 487 of the General Tax Code.
12The following operations are subject to the TPS:  the rental of goods and services, contract work not
coming under  a production activity, intermediate activities (commission agents, brokers), sales for on-the-spotconsumption, entertainment and recreation activities, activities involved in pursuing a profession, bank, finance-house and credit-agency activities, transport activities, advertising activities.Mali WT/TPR/S/43
Page 31
which is applied to transport, entertainment and water supply and evacuation activities, and telephony.
Other services are subject to the normal 15 per cent rate.  Unlike VAT, the TPS is not tax-deductible,
which gives rise to a cascade of fiscal charges which are likely to cripple the competitiveness of all
tradeables, particularly exports.
21. A Special Tax on Certain Products (ISCP), an excise duty whose basis for imported products
is the c.i.f. value plus customs duties, is levied on a number of goods  (Table III.2).  The amount ofthis tax is included in the VAT assessment basis.  Since 1993, moreover, an Advance Payment on
Various Taxes and Charges (ADIT) has been levied at the customs "cordon" on behalf of the
Treasury.  This advance payment is 5 per cent of th e c.i.f. value;  it is levied on all imports and is
deducted from all taxes.  The ADIT was introduced in order to get "informal" taxpayers to identify
themselves in order not to lose the sums paid as an advance on all taxes and charges.  In practice,
operators often prefer to lose this advance deduction, probably because it is less than the sum they
would have to pay if they made an official declaration to the tax authorities;  a desire to escape the
various administrative constraints involved in any declaratory procedure certainly plays an important
role here.
Table III.2
Special tax on certain products (ISCP), 1998
(Percentage)
Description ISCP
Cola nuts 15
Water 10
Malt beer put up in containers of 50cl or over 30
Other malt beers 20
Sparkling wine 30
Wine and alcohol-muted grape must 20
Vermouth and wine from plants or aromatized wine 5
Beers other than malt beers 20
Other ethyl alcohols 90
Spirits distilled from wine or grape marc 90
Whiskies 90
Rum and tafia 90
Gin and geneva 90
Vodka 90
Liqueurs 90
Other alcohols 90
Cigars, cigarettes containing tobacco or a tobacco substitute 40
Homogenized or reconstituted tobacco 20
Tobacco extracts and sources 20
Salt 10
Partly refined petroleum 10
Aviation spirit 25
4 star petrol 125
Regular petrol 125
Jet fuel 25
Kerosene 3
Diesel 90
Fuel oil 2
Lubricating oils 10
Grease 10
Natural gas 10
Cartridges 20
Source:  Malian authorities.WT/TPR/S/43 Trade Policies Review
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(c) Bindings of duties and taxes
22. Under the Uruguay Round, Mali bound the customs duty rates applicable to agricultural
products (like other WTO Member countries) and those applicable to products coming under
Chapters 44, 81 and 92 of the Harmonized System.  A 60 per cent ceiling rate was granted for this
purpose by Mali for all these products.  The other duties and charges on imports of these products
were bound at 50 per cent.  However, the tariff bindings for agricultural products do not concerngoods previously included on Mali's List (XCIV), i.e. those for which duty rates were bound when
Mali was a colony.  The other duties and charges notified by Mali for this purpose include the
Degressive Protection Tax (TDP), which is no long er in force, but not the CPS.  Following the
introduction of the TEC, the WAEMU Commission intends to renegotiate the tariff concessions of all
member countries, including those on the old lists.
(d) Tariff preferences
23. The ECOWAS trade liberalization scheme consists in principle of two main components:  the
abolition, as of 1994, of all non-tariff barriers on all products originating in the ECOWAS countries
and the progressive reduction of intra-community tariff barriers.  In accordance with the ECOWAS
agreements, local products and traditional handicrafts must be permitted, from 1 January 1990, tocirculate free of all import duties, provided they appear on the list of products recognized by the
community and are accompanied by a certificate of origin issued by the competent body appointed by
the exporting country.  Finished manufactured goods originating in the community are entitled to
tariff reductions based on a number of different criteria, including the level of industrial development
of each of the countries and their island or land-locked situation.  For Mali, the complete tariff
reduction period has been set at ten years, i.e. a rate of reduction of 10 per cent per year
(Chapter II.5(ii)(b)).  In practice, numerous tariff and non-tariff barriers persist;  the timetable forliberalizing intra-community trade is not being respected and as of the end of 1997 no product had
been approved.
24. Under the WAEMU agreements, local products and traditional handicrafts originating in the
union are exempted from import duty in Mali (Table II .2).  Likewise, manufactured  products certified
under the Preferential Community Tax (TPC) qualify for a 60 per cent reduction on import duties andtaxes
13;  544 products (including agro-industrial products, tobacco, cigarettes and textiles) belonging
to 151 WAEMU enterprises were already certified at the end of 1997.14  Manufactured products not
subject to the TPC should enjoy a 5 per cent reduction, which is not applied in Mali.
(e) Tariff and tax exemption
25. In 1996, 17.3 per cent of the total value of imports released for home use were exempt and
6.5 per cent of exempted imports were effected by approved enterprises (Table III.3).  Practically all
exemptions are granted on the basis of the investment code, the mining code, the special code on fixed
assets and the Vienna Convention or for imports effected under externally financed projects.  For
example, 8 per cent of total imports were exempted under the mining code in 1995, compared with
around 42 per cent in 1996.  However, import duty exemptions under the investment code have beenabolished, apart from those which were granted under the former code.  The share of exceptional
exemptions is marginal (1.3 per cent of the tota l).  Partial exemptions have been applied since
August 1997 for the benefit of industrial enterprises whose imports of raw materials, intermediate
                                                     
13Until June 1997 manufactured products certified under the TPC enjoyed a 30 per cent reduction on
import duties and taxes.  Certification is issued by a WAEMU commission.
14Certified products accounted for only 4 per cent of total trade in intra-WAEMU manufactured products
at the end of 1996.  Up to July 1997 products of 11 Malian enterprises had been approved.Mali WT/TPR/S/43
Page 33
products and spare parts are taxed at the Category I rate:  only the CPS is levied on such imports.  The
free enterprises enjoy exemptions under a regime suspending import duties on their export activities
(Chapter II(4)(ii)).
Table III.3
Exemptions by major categories, 1996
(CFAF million and percentage)
C.i.f. value % share
Investment code 2,027 2.5
Mining code 33,795 41.7
Exceptional admissions 1,020 1.3
External financing 23,271 28.7
Diplomatic privileges 2,333 2.9
NGOs 762 0.9
Approved  companies3,204 4.0
Miscellaneous (army, police etc)14,571 18.0
Total 80,983 100.0
% imports 17.3
Source:  Malian authorities.
26. Monitoring of the conditions to be fulfilled by approved enterprises is provided for but
ineffective.  Each  department concerned should act individually:  for example, the National Labour
Directorate for the monitoring of employment obligations.  However, where conditions are not
observed, this can be brought to the attention of  the National Directorate for Industry, which can
withdraw the approval.
(iv) Rules of origin
27. Mali has no national rules on the origin of goods.  However, rules of origin exist (for
preferential treatment purposes) in trade agreements to which Mali is a signatory.  Rules of origin
within the ECOWAS and WAEMU framework are based on percentages of local inputs used or on
the percentage of national value added in the final product (Chapter II.5(ii)(b) and( c)).  New rules oforigins based on the provisions of the WTO Agreement are due to come into force in the WAEMU in
the year 2000.  Under the Lomé Convention, full processing (goods entirely produced locally) or
sufficient processing (change of tariff heading) of a product gives it as its origin the ACP country in
which the processing took place (Chapter II.5(iii)).
(v) Anti-dumping, countervailing and safeguard measures
28. Mali has no national legislation on anti-dumping, countervailing or safeguard measures, nor
has Mali applied any such measures.
(vi) Prohibitions, quantitative restrictions and licensing
29. Mali has abolished most quantitative import restrictions.  The only remaining prohibitions are
retained for reasons of safety or health or to comp ly with international conventions to which Mali is a
signatory (e.g. the Montreal Convention).
30. Decree 89-194/P-RM of 15 June 1989 regulating external trade provides for two regimes:  a
liberalized-trade regime and a prohibition regime.  Article 23 of the Decree stipulates that certainWT/TPR/S/43 Trade Policies Review
Page 34
goods may be the subject of surveillance or special provisions for reasons of safety or public morals,
consumer protection, protection of industrial or commercial property, protection of origin (Malian
origin in particular) or other political, economic or social considerations.  Import prohibitions are a
specific response to some of these concerns.  The list of prohibited products is published by the
Minister for Trade.  Import prohibitions may be absolute or restrictive.  There is an absolute
prohibition on imports of narcotics and psychotropic substances, medicinal products for human use(except with the authorization of the Minister of Health) and veterinary use (except with the joint
authorization of the Ministries of Health and Livestock Production) and natural or manufactured
foreign products bearing a sign or indication likely to imply that they were manufactured in Mali or
are of Malian origin.
31. Restrictive prohibitions concern products which may be imported only on submission of a
health or phytosanitary certificate (Section (vii)(b) below) and of an authorization from the security
services (arms and ammunition), the competent departments of the Ministry  for Water and Forests
(fishing nets with a mesh size of less than 50 mm. unstretched) or of the Minister  for Trade
(cigarettes, tobacco and matches imported without authorization solely by the National Tobacco and
Match Company despite the lifting of the legal import monopoly in 1989).  This type of prohibitionalso affects imports of motor vehicles apart from passenger and light vehicles, which may be
authorized by the technical services of the Ministry of Transport.
15 Hydrocarbon imports come under
special regulations (Section (ii) above).
32. All imports exceeding CFAF 250,000 in c.i.f. value must be declared in a Certificate of
Intention to Import.  The application form is sold for CFAF 600 by the Chamber of Commerce.  There
are two categories of certificate of intention to import:  with financial settlement (ARF) if the
transaction is to be paid for in foreign currency or CFA francs;  and without financial settlement(SRF) for transactions without financial counterparts.
16  The completed forms must be submitted to
the single window at the DNAE, which is manned by a representative of the latter directorate, a
representative of the National Directorate for the Treasury and Public Accounts (or Exchange
Office)17 and a representative of the National Tax Directorate (State Property Service).  The latter
levies stamp duty and registration fees amounting to CFAF 3000 per tranche of CFAF 500,000 ofc.i.f. value (pro forma invoice basis);  registration fees for the first tranche are set at CFAF 6,000, i.e.
600 francs per sub-tranche of CFAF 50,000.  The DNAE representative is responsible for checking
that the certificate of intention to import agrees wi th the pro forma invoice, the identifier number and
the valid (unexpired) tax clearance.  The period for examining applications is 24 hours.  Certificates
of intention to import are personal and cannot be transferred.  They are valid for six months from thedate of registration with the DNAE services;  this period can be extended by three months on
submission of proof that the goods have been despatched.
(vii) Standards and ecological and other technical requirements
(a) Standards, testing and certification
33. Mali has been attempting to introduce a system of quality standardization and control since
1992.  Law No. 92-013/AN/RM of 17 September 1992 and its implementing Decree
No. 92-235/P-RM of 1 December 1992 govern the system.  However, Mali has no national standards;
the only standards currently in force are international standards (e.g. the WHO and FAO Codex
                                                     
15WTO document G/LIC/N/3/MLI/1 of 10 June 1997.
16Certificates of Intention without financial settlement relate to grants, imports by subsidiaries, samples,
for example.
17The allocation of foreign exchange for import purposes is subject to the submission of a copy of the
certificate of intention to import.Mali WT/TPR/S/43
Page 35
Alimentarius).  Some Malian laboratories (the National Health Laboratory, the Laboratory of the
National Building and Public Works Research and Testing Centre, and the Laboratories of the Rural
Economy Institute) have been selected, but neither testing nor certification is carried out by the State
authorities since they are still not equipped, owing to lack of funding;  interested natural or legal
persons can carry out such testing and certification themselves.
34. According to the authorities, the quality standardization and control system will be
operational some time in 1998.  Seminars are being organized on the subject of standardization  to
make the population aware of the subject.  The National  Quality and Standardization Directorate of
the Ministry of Industry, Trade and Handicrafts is the department competent for technical regulations,
standards and conformity-assessment procedures.
35. A National Quality Standardization and Control Council is responsible for proposing
legislative, regulatory, financial and technical measures likely to help the development of
standardization in Mali and for adopting draft national standards prepared by technical committees.
The six technical committees set up in 199418 are responsible for identifying requirements and
proposing draft standards in their respective fields;  their task is also to carry out public enquiries prior
to their proposals.  A joint order of the Ministry of Industry and of the ministry for the field concernedis required to approve the standards.  In Mali, standards may be either compulsory (standards adopted
by the inter-ministerial order) or optional.
(b) Sanitary and phytosanitary regulations
36. Sanitary and phytosanitary protection is the responsibility of the Ministries of Health, Rural
Development and the Environment.  Legislation
19 determines "legally contagious"20 diseases and
states what special measures must be taken to deal with each disease (vaccination, slaughter for health
reasons).  Transhumance is authorized for cattle, sheep, goats and camels originating in States whichhave signed an agreement with the Republic of Mali,
21 subject to the issue of a transhumance
certificate.  Imports of domestic or wild animals are subject to the submission of a health certificate
issued by the country of origin.  Anim als without a certificate are quarantined.
37. All imports of animal products are, in principle, subject to control by the State veterinary
services.  Meat imports and exports must be accompanied by a health certificate;  livestock imports ortransit must be accompanied by a health and vaccination certificate.  The State levies a tax for the
purposes of this control.  For inspections in abattoirs, for example, the State levies a tax per
slaughtered animal which varies with the spec ies and the commune of slaughter from CFAF 150 to
4,000 per head.  In practice, animals cross the frontier away from the border posts and thus escape
control.
                                                     
18The technical committees existing in Mali: the "Fruit, Vegetables and Oil Seeds" Committee, the "Civil
Engineering and Construction Materials" Committee, the "Cereals and Derivatives" Committee, the "Chemistry
and Environment" Committee, the "Textiles, Hides and Skins" Committee and the "Electronics" Committee.  They
bring together the various parties in the fields concerned and were set up respectively by Orders No. 94-0644/MCIT-DNI, No. 94-0645/MCIST-DNI, No. 94-0643/MCIT-DNI, No. 94-0646/MCIT-DNI,No. 94-0647/MCIT-DNI and No. 94-1754/MCIT-DNI.
19Law 95-060 penalizing offences against animal health measures on the territory of the Republic of Mali
and Decree 95-372/P-RM of 18 April 1995 governing animal health measures on the territory of the Republic of
Mali.
20Article 2 of Decree 95-372/P-RM.
21Article 41 of Decree 95-372/P-RM.  Mali has signed agreements authorizing transhumance with the
following countries:  Burkino Faso,  the Niger, Ghana, Mauritania, Senegal, Algeria and Libya.  Draft agreementswith Guinea, Côte d'Ivoire and Nigeria are in preparation.WT/TPR/S/43 Trade Policies Review
Page 36
38. Legislation on packaging and phytosanitary controls dates from the beginning of the 1960s.22
These texts no longer correspond to the situation in the agricultural sector, including livestock
production, fisheries and forestry;  they are to be reviewed in 1998.  Under this legislation, plant
imports and exports are subject to the production of a phytosanitary certificate.  Controls are not
carried out in all regions owing to a lack of facilities and staff.
(c) Environmental protection measures
39. The Investment Code takes the effects on the environment as one of the criteria for assessing
projects submitted for approval.  In addition, the Government is framing a National Environmental
Action Plan (PNAE).  A Law on the Living Environment23, which was passed in 1991, lays down
waste-elimination procedures, prohibits water pollution and makes the discharge of polluting
substances into the air subject to prior authoriza tion.  No implementing decree has yet been issued;
there are no Malian environmental standards and sectoral policies (tourism, industry, transport, mines)
do not specify any.
40. Procedures are in progress for the signing by Mali of the International Convention on
International Trade in Endangered Species of Wild Fauna and Flora (Washington Convention).  A
law24 protects wildlife and its habitat;  it provides for hunting seasons to be laid down by Order and
defines protected species.  The exploitation of forestry resources is also governed by a law25 which
defines clearance procedures, protected species and customary rights.
(d) Marking and labelling requirements
41. Orders by the Minister for Trade lay down marking and labelling requirements.  Compulsory
details mainly concern the term "sale in Mali" or the space for identifying the importer on the outside
packaging.  According to the authorities, the words "sale in Mali", compulsory on certain similar local
products, allow them to be distinguished from goods smuggled into the country.
(viii) Government procurement
42. Mali is not a signatory to the Plurilateral Agreement on Government Procurement negotiated
during the Uruguay Round.  The first Malian Government Procurement Code dates from 1983;  the
one currently in force goes back to 1995.26  The code governs purchases by the State and local
authorities, public institutions, State companie s and companies with a majority public holding.
Government purchases worth more than CFAF 10 million (250 million for purchases by public
institutions and companies and by companies with a majority public holding) are subject to
government procurement tendering procedures.
43. The Code provides that contracts may be concluded as a result either of open or restricted
tendering (international or locally published) or by private agreement.  The conclusion of contracts byauctioning (open or restricted), which is also allowed by the Code, is not practised in Mali.  The
award of contracts by private agreement only takes place in the event of failure of the tendering
procedure, in an emergency or if the State's higher interests must be protected.
27  An invitation to
tender may be preceded by a competition or followed by a preselection.  In the case of purchases by
                                                     
22Various decrees and orders dating from 1962.
23Law 91-047/AN/RM on protection of the general and living environment.
24Law 95-031 determining the management conditions for wildlife and its habitat.
25Law 95-004 determining the management conditions for forestry resources.
26Decree 95-401/P-RM.
27Decree 95-401/P-RM, Article 34.Mali WT/TPR/S/43
Page 37
Government authorities, a restricted invitation to tender may be used when the contract is worth less
than CFAF 20 million for supplies and CFAF 50 million for works, or when only a very few
candidates can furnish the works, supplies or services required.  In such a case, the opinion of the
General Government Procurement Directorate is needed (Article 29 of the Code).
44. For purchases by means of an invitation to tender, every public institution must open a dossier
and set up a commission to examine the tenders.  The General Government Procurement Directorateonly has a job of oversight:  it authorizes (after verification and, if appropriate, amendment of the
descriptive dossiers) the issue of the invitation to tender and gives its opinion on the decision of the
examining commission, on which it must not be repr esented.  A preferential 15 per cent margin on the
adjusted prices of supply contracts (10 per cent for service contracts) is granted to Malian enterprises,
this margin being taken into account when the tenders are compared.
45. Donors who finance Government purchases are not required to pay duties or taxes.  Since
1990 duties and taxes must be settled by means of a cheque on the Treasury (amounting to a simple
bookkeeping exercise).  This procedure, which appears to be a way of limiting fiscal and customs
fraud in connection with government procurement, is not applied in practice.  Duties and taxes in
respect of Government purchases of petroleum products financed from abroad are paid by the donors,who are later reimbursed.
46. Table III.5 shows the amounts involved from 1994 to 1996 according to methods of
concluding Government procurement contracts.  The share of such contracts financed from the
national budget rose strongly over that period (36.9 per cent of the total amount in 1996 compared
with 16.9 per cent in 1994).  The private agreement method is more often used in concluding contracts
financed from the national budget (about 60 per cent of Government purchases financed by the State
budget) than for externally financed Government purchases (less than 4.5 per cent of the totalpurchases financed from abroad).
Table III.4
Amounts and methods of concluding Government procurement contracts, 1994-96(CFAF million)
1994 1995 1996a
National
budgetExternal
financingNational
budgetExternal
financingNational
budgetExternal
financing
Private agreement 5,708 1,539 .. .. 9,469 1,132
Open invitation to tender 3,784 38,752 .. .. 6,190 1,876
Restricted invitation to tender 72 6,861 .. .. 109 23,929
Total 9,564 47,152 12,056 40,052 15,768 26,937
.. Not available.
aUp to 30 November 1996.
Source:  Calculations by the WTO Secretariat from data supplied by the Malian authorities.
(ix) Local content requirements
47. According to the authorities, no local-content requirements are in force in Mali.
(x) Other measures
48. Mali has banned trade with Israel.  According to the authorities, no official countertrade
agreement or agreement designed to influence the qua ntity or value of goods and services exported toWT/TPR/S/43 Trade Policies Review
Page 38
Mali is in force.  Likewise, the authorities are not aware of the existence of such agreements between
Malian and foreign enterprises.
49. Mali takes part in  international trade sanctions decided on by the United Nations Security
Council or by regional institutions of which it is a member.  The WTO Secretariat is not aware of any
measure taken by Mali for balance-of-payments purposes.
(3) MEASURES DIRECTLY AFFECTING EXPORTS
(i) Regulations
50. The registration formalities required for the importation of goods for commercial purposes
also apply to exports;  these formalities confer the title of trader.  Besides traders, producers such as
livestock farmers, craftsmen or their associations may also export their products.  Specifically, all
commercial exports must be carried out on the basis of  a certificate of intention to export (IE) issued
by the services of the DNAE (Section (iii) below).
51. All export transactions exceeding CFAF 1 million in value are subject to the opening of a
domiciliation dossier with an approved bank.  All export earnings must be repatriated and converted
into CFA francs within 180 days (Annex I.1).
(ii) Export duties and taxes
52. The only export taxes in force are the 3 per cent CPS on the f.o.b. value of gold and the tax of
CFAF 7.5 per kg, on fish;  these taxes are also levied on domestic sales of these products.  The CPS,
which was introduced in order to provision the Autonomous Amortization Fund, was originally levied
on imports and exports of all products.  It was incorporated in the national budget and suspended as
far as exports were concerned in 1991 (Law 91-32), except on gold exports.28
53. Export duties and taxes were abolished on most products in 1991.  After devaluation, the
export tax on livestock products was abolished in order not to compromise the opportunities fordevelopment and market access of these products in the subregion.  Duties and taxes on exports
(export tax, service provision contribution, registration fees) of untreated skins have been suspended
since April 1997.
29
(iii) Export licensing, prohibitions and other measures restricting exports
54. Under Article 23 of Decree 89-194, the authorities can take special measures which they
consider necessary as regards exports.  For example, exports of young male bovine animals, five years
old and less, and of non-sterile breeding females of the bovine species are prohibited, except by way
of exception under special agreements between Mali and third countries which wish to establish the
nucleus of livestock production (Chapter IV.2(f)).30  The export prohibition also covers precious
substances (e.g. gold and diamonds) in the untreated state.
55. The forms needed to obtain the certificate of intention to export, which is required for all
export operations, are obtained from the Chamber of Commerce and handed in at the DNAE single
window after completion.  Certificates relating to gold and cotton are subject to stamp duty in
                                                     
28The CPS should apply to all precious substances, including gold for the time being.
29Order No. 97-0551/MFC-SG abrogating Order No. 96-0001/MFC-SG of 5 January 1996 fixing the tariff
for export duties and taxes on untreated skins.
30Order 72-1223/MP-MFC.Mali WT/TPR/S/43
Page 39
accordance with the scale applied to the corresponding import certificates (Section 2(vi) below).
Certificates for other products are not subject to these duties.
56. As in the case of import operations, exports of certain products may be the subject of
surveillance or special measures for various economic, political or social reasons.31  A phytosanitary
certificate is essential for the export of plants;  exports of works of art must be authorized by the
Minister for Arts and Culture.  Exports of meat and live animals are likewise subject to the productionof a health certificate.
32  A simplified export procedure is currently laid down for livestock exports in
order not to encourage informal exports, i.e. without export documents:  a provisional IE is issued at
the time of departure from the territory simultaneously with the issue of the health certificate by the
livestock agent.  This provisional IE is then forwarded to the DNAE for registration.
57. Exports of hides and skins are subject to a special export authorization by the DNAE.33
Professional exporters of these products are subject to other conditions, including approval of their
installations and materials by the Malian Livestock and Meat Office and the constitution of
homogeneous bates or "assortments" for export (Chapter IV.2(ii)(f)).
(iv) Export subsidies
58. The authorities state that Mali does not grant any export subsidies.
(v) Duty and tax concessions, and free zones.
59. Certain specific measures have been taken to encourage the development of exports:
introduction of VAT, abolition of export duties and taxes, including stamp duties, and the creation of
free zones as provided for by the Investment Code of February 1991.  Free enterprises, at least 80 per
cent of whose production must be exported, enjoy exemption from all fiscal, parafiscal and customs
duties and taxes (Chapter II.4(ii)).  Three enterprises are currently approved under this regime:  a fruit
and vegetable production enterprise, a bandage production unit which exports mainly to the subregionand a citrus fruit enterprise which also processes and packages oilseed products, established in
Sikasso.  These free zones and enterprises could be a source of distortion and unfair competition:  the
enterprises pay duties and taxes when they market more than 20 per cent of their production on the
domestic market but it is not certain that they are compelled to do so as regards their intermediate
consumption.
60. The mining code provides for exemption from duties, taxes and charges on exports of mining
products as well as on the turnover and related proceeds of sales (Chapter II.4(iii)).  However, the
CPS is levied on gold exports (Section 3(ii) above).  The temporary admission regime is used in Mali
mainly by the construction and public works sector for imported work-site machinery which is re-
exported in the same state.  Two processing enterprises employ this regime:  a factory producingunbleached cloth and a bleach factory.  The Mali Customs Code, a new version of which is being
prepared, makes no provision for the drawback regime.
(vi) Export promotion, financing and assistance
61. Until 1990 export promotion was handled by the Malian External Trade Centre set up in
1977.  A division of the DNAE currently has this responsibility.  This institutional change (transitionfrom an autonomous structure (EPIC) to a division of a national directorate) has not improved the
                                                     
31Article 23 of Decree 89-194/P-RM.
32Order 90-2442/MFC-CAB.
33Decree 95-416/P-RM of 23 November 1995 regulating the trade in hides and skins.WT/TPR/S/43 Trade Policies Review
Page 40
effectiveness of this structure, which is now operating at the expense of the State budget and
possesses resources regarded as inadequate.34  The bulk of trade promotion actions takes place within
the framework of the WEAMU and with its assistance (e.g. the Ouagadougou Fair).  The
institutionalization of certain fairs such as the Bamako Fair and Exhibition (FEBAK) and the
conclusion of bilateral agreements are intended as a support for these actions.  Furthermore, the
National Investment Promotion Centre (CNPI) was set up in 1996 to help the development ofproduction in general and therefore, indirectly, to promote exports.
(vii) Other measures
62. No voluntary restraint in respect of exports is applied by Mali.  Moreover, the establishment
of export cartels is not prohibited by legislation.
(4) O
THER MEASURES AFFECTING PRODUCTION AND TRADE
(i) State trading, State enterprises and privatization
63. The policy of State withdrawal from companies with public capital started in 1988 with the
implementation of the Public Enterprise Sector  Adjustment Programme (PESAP).  The first phase of
the PESAP (1988-92) covered 35 State enterprises, of which six were to be rehabilitated, 14
privatized and 15 wound up.  The 1996-98 action plan for State enterprise reform which is in progressprovides, among other things, for the State to sell off all or part of its shareholdings in seven
enterprises and restructure another seven.  At the end of 1997 a total of 20 State enterprises had been
dissolved or wound up and 40 totally or partially privatized;  other enterprises have merely been
reorganized.
64. The execution of the PESAP has come up against three obstacles:  the low level of
internationalization of the privatization programme (Table III.5),  the absence of clear privatization
laws and procedures and the relationship between disbursement and privatization (transfers carriedout hastily in order to respect deadlines).  Privatization is currently governed by Law 94-041 which
determines the basic principles for the transfer of State enterprises and stipulates that privatization
must be authorized by a decree of the Council of Ministers;  the decree implementing this law has not
yet been issued.  It is planned to review this law, which is regarded as over-rigid
35, and to set up a
privatization committee.  Transfers currently take place through invitations to tender. When aninvitation to tender produces no result, the transfer may be carried out by private agreement.
                                                     
34EPIC means a public industrial and commercial institution.
35The purpose of reviewing the law is:  (i) to introduce greater flexibility into the method of transferring
ownership of part of the capital of mixed investment companies (SEM) held by the State;  (ii) to reduce the timelimits for certain withdrawals by empowering the Government  to transfer the State's shares in SEM assets provided
that the share in the enterprise's capital does not exceed CF AF 750 million;  (iii) to authorize the private agreement
procedure if it proves impossible to carry out the transfer under conditions of free competition and equality
between tenderers;  (iv) to make the Finance Minister re sponsible for overseeing the enterprises to be privatized;
(v) to assign responsibility for the conduct of privatization operations by means of a decree;  (vi) to provide fordirect participation by the EPICs without resorting to winding-up, which has frequently harmful socialconsequences.Mali WT/TPR/S/43
Page 41
Table III.5
State enterprises and privatizations [please supply the missing data]
Entreprises State
share(%)Foreign
share(%)Comments
(a)  Privatized enterprises
Mali Development Bank (BDM) 20 17 Partial privatization (1989)
BETRAM (maintenance, sales) 0 0 Total privatization (1993)
COMATEX (textile industry) 20 80 Partial privatization (1994)
EDIM (publishing, printing) 10 0 Partial privatization (1991)
EMAB (furniture manufacturing) 0 0 Total privatization (1990)
FRUITEMA (fruit & vegetable sales) 10 20 Partial privatization followed by winding up
Grand Hotel (hotel industry) 0 0 Total privatization (1994)
HUICOMA (oil mill) 40 0 Partial privatization (1990)
ITEMA (textiles) 20 0 Partial privatization (1990)
LPM (paper making) 0 0 Total privatization (1991)
OTER (rural development) 0 0 Total privatization (1995)
PETROSTOCK (storage & distribution of petroleumproducts)0 0 Total privatization (1996)
PPM (pharmacies) 0 0 Total privatization (1991)
SEMA (real estate) 20 0 Partial privatization (1991)
SEPAMA (oil mill) 0 0 Total privatization (1995)
SEPOM (oil mill) 0 0 Total privatization (1988);  taken over by
Huicoma
SMECMA (agricultural equipment) 0 0 Total privatization (1991)
SNED (studies) 0 0 Total privatization (1993)
SOCAM (tomato concentrates) 20 40 Partial privatization (1989)
SOCIMA (construction materials) 0 0 Total privatization (1991)
SOGEMORK (gold mining) 20 100 Partial privatization (1995)
SUKALA.SA (sugar manufacture) 40 60 Partial privatization (1996)
TAMALI (tannery) 0 100 Total privatization (1993)
UCEMA (lime and ceramics) 0 0 Total privatization (1991)
ULB (milk production & marketing) 0 0 Total privatization (1995)
MOTEL Bamako 0 0 Total privatization (1995)
Campement Bandriagara   (hotel trade) 0 0 Total  privatization (1996)
Campement Bougouni (hotel trade) 0 0 Total privatization  (1996)
Rizeries officielles du Niger (hulling of paddy) 0 0 Total privatization (1996)
Centre des travaux de Niono (hydro-agriculturalinfrastructure)0 0 Total privatization (1996)
Kanaga (hotel trade) 0 0 Total privatization (1997
(b)  Enterprises in the process of privatization
Abattoir frigorifique de Bamako 100 0 Privatization in 1998
CNAR (insurance) 87 0 Privatization in 1998
EMAMA (maintenance) 87 0 Privatization in 1998
Hotel de l'Amitié (hotel trade) 100 0 30-year concession granted from 30 June 1998
Hotel Azalai (hotel trade) .. 0 Privatization planned for 1998
BMCD (Bank) 100 0 Privatization planned for 1998
SONATAM (tobacco and matches) 100 0 Monopoly;  partial privatization planned
SOMACO-SA (canning plant) 20 40 Total privatization planned
MALITAS (travel agency) 28.3 0 Total privatization planned
SMPC (chemicals) 20 0 Total privatization planned
(c)     Other State enterprises
BNDA (Bank) 39.5 38
BNDA (Bank) 39.5 38
BCS-SA (Bank) 49.5 50
BHM (Bank) 15 0
UMPP (pharmaceuticals) 100 0
CMDT (cotton) 60 40 Monopoly
ON (agricultural development) 100 0
EDM (energy production and distribution) 97.2 2,8 Monopoly
SOMILO (gold mine exploitation) 51 49
SOMISY-SA (gold mine exploitation) 20 80
SEMOS-SA (gold mine exploitation) 18 72
Continued  - Table III.5WT/TPR/S/43 Trade Policies Review
Page 42
Entreprises State
share(%)Foreign
share(%)Comments
SONAREM (mining prospecting) 100 0
Air Mali (air transport) 10 0
ADM (airport management) 100 0 Monopoly
COMANAV (river transport) 100 0 Monopoly
RCFM (rail transport) 100 0 Monopoly
SONAM (naval equipment) 12.8 0
ACI-SA (real estate) 50 0
OPAM (management of national security stocks) 100 0
ORT (tourism and hotel management) 100 0
ONP (National Post Office) 100 0 Monopoly
PPM (distribution of pharmaceuticals) 100 0
SOTELMA (telecommunications) 100 0 Monopoly
PMU-MALI (betting & horse race organization) 75 0
CESPA 100 0
SLMTP (rental of public works equipment) 80 0
Source:  Malian authorities.
(ii) Subsidies and other forms of production assistance
65. The Malian State carries out research, agricultural extension, plant protection, infrastructure
maintenance and training  through research institutes, rural-development operations and agricultural
development projects.  The Rural Economy Institute specialises in agronomical, animal husbandry,
forestry, environmental and hydro-biological re search.  The National Agricultural Extension
Programme started in 1992.  Extension activities are also carried out by NGOs, the Chamber of
Agriculture and producers' organizations.
66. Agricultural inputs and equipment are prefinanced by the CMDT on concessionary terms (e.g.
without interest) in the zones for which it is responsible.  Through the Malian Agricultural Products
Office (OPAM) the Malian State manages the cereals stock set up to ensure the country's food
security.36  The level of this stock is currently set at 35,000 tonnes of cereals.  Production aid is
provided for by the Investment Code and the Mining Code in the form of tax and/or customsconcessions (Chapter II.4(i) and(ii)).  Additional co ncessions are provided for by the Investment Code
for regional development purposes (Chapter II.4(i)).
(iii) Price regulation and competition policy
67. Price freedom and freedom of competition has been introduced over the whole of Malian
territory since 1992.  However, the Council of Ministers can regulate prices by decree in economicsectors and in areas where price competition is limited, in crisis situations or in cases of excessive
market increases.
37
68. Agreements which may result in the distortion of competition are prohibited.  Abuses of
dominant positions (including refusals to sell, ti ed sales, discriminatory selling conditions) are
likewise prohibited.  The seller is required to issue an invoice and to inform his customer about sellingprices and terms.  The practice of introductory prices and loss leaders is prohibited.  All advertising
containing allegations, suggestions or statements which are false or likely to mislead is prohibited.
69. The DNAE is responsible for preparing texts relating to competition policy and for ensuring
that they are applied.  The Government recently reorganized it as the National Directorate for Trade
and Competition (DNCC).
                                                     
36The State also manages food aid.
37Ordinance 92-021/P-CTSP instituting freedom of prices and competition.Mali WT/TPR/S/43
Page 43
(iv) Measures for the protection of intellectual property rights
70. In Mali, intellectual property rights are governed by the 1979 Bangui Agreement, the other
signatories to which are Benin, Burkino Faso, Cameroon, Central African Republic, Chad, Congo,
Côte d'Ivoire, Djibouti, Gabon, Guinea, Guinea-Bissa u, Mali, Mauritania, the Niger,  Senegal and
Togo.  The main purpose of this Agreement is to promote and protect industrial property.  It
establishes a uniform system for the protection of intellectual property and, in particular, a singlesystem for the filing of applications for patents, registration of utility models, trade marks, service
marks and other intellectual property rights recognized by all the countries signatory to the
Agreement.
71. The African Intellectual Property Organization (AIPO) is responsible for administering the
agreement.  The national liaison structure (SNL) of  Mali for relations with the AIPO has been in
operation since 30 September 1984, when the country acceded to the Agreement.  This service, which
has its office at the National Directorate for Industry, is responsible for centralizing and forwarding to
the AIPO statements concerning i nnovations on the territory of Mali;  it is also responsible for
informing the public and raising its awareness.  The SNL receives an annual appropriation from the
AIPO, which issues industrial property titles.  Applications for the protection of intellectual propertyrights are infrequent in Mali.  Protection titles for patents lodged between 24 November 1958 and
30 September 1984 were issued by Orders of the Minister for Industry and published in the Official
Gazette.  To date, Mali has filed 35 applications with AIPO for patents of invention, two applicants
for utility models and five applications for registration of industrial designs and models.  According to
SNL data, 21 trademark applications have been filed with the trade court registrar.
72. Work is in hand at the AIPO to align the current provisions on the obligations of the member
States contained in the Agreement on Trade-Related Aspects of Intellectual Property Rights resultingfrom the Uruguay Round (TRIPS) (Box III.1).  Mali is a member of the 1967 Stockholm Convention
establishing the World Intellectual Property Organization (WIPO);  it has not yet ratified the
Agreement on Related Rights signed under WIPO auspices.  It has also signed other related
international agreements, in particular the Paris and Berne Conventions and the Patent Cooperation
Treaty.  Mali intends to sign the Nice, Lisbon, Strasbourg and Locarno agreements.
73. Copyright protection is provided by Law 84-26/AN-RM of 17 October 1984 which is
currently being revised to bring it into line with the provisions of the TRIPS Agreement.  According
to the authorities, the revised law will be adopted before the end of 1998;  among other things, it will
protect copyright and related  rights connected with data-processing software and data bases.  The
Malian Copyright Office (BMDA), a public professional institution, is responsible for defending thematerial and moral interests of creators and for informing the population, including the administration,
about the subject and raising public awareness.  The BMDA deplores the lack of interest shown by the
Malian authorities, particularly the police, courts and customs administration, in the copyright
question.
74. In Mali, counterfeiting mainly concerns medicinal products, audio cassettes, sports articles and
leading brands.  The BMDA estimates that 30 per cent of the audio cassettes sold in Mali in 1997 were
pirated (compared with 80 per cent in 1990).  The rise in the cost of imports following the devaluation of
the CFA franc resulted in an increased consumption of counterfeit medicinal products.  Aware of this
situation, the authorities have decided not to levy import duties and taxes on essential medicines.  Pirating
and counterfeiting activities do not result in many convictions;  those that do take place are token only.WT/TPR/S/43 Trade Policies Review
Page 44
Box III.1:  The Bangui Agreement on Intellectual Property
Patent legislation - Patents may relate to any new invention involving an inventive step and industrially
applicable;  plant varieties, animal species and essentially biological processes for the breeding of plants or
animals, other than micro-biological processes, cannot be patented.  The protection of plant varieties is laiddown in Article 27.3 (b) of the Agreement on Trade-Related Intellectual Property Rights (TRIPS).
Layout designs of integrated circuits are not currently protected.  Patents are protected for a period of ten years
which may be renewed twice for periods of five years.  As renewal is not automatic, the period must be brought
into conformity with the provisions of the TRIPS Agreement, which provides for a 20-year period for theprotection of patents counted from the filing date.  There are also divergences with respect to the granting ofcompulsory licences, which may be issued where the working of the patented invention is prevented by
importation of the protected product.  According to Article 27.1 of the TRIPS Agreement, patent rights may be
enjoyed without discrimination as to the place of invention of the product.  Article 58.2 of Annex I of the Bangui
Agreement concerning counterfeiting when there is no loca l working is not consistent with the provisions of
Article 27.1.  The provisions regulating the granting of compulsory licences on public interest grounds mustalso be brought into conformity with Article 31 of the Agreement.  Moreover, the Agreement stipulates that thejudicial authorities shall have the aut hority to order the defendant to pr ove that the process to obtain an
identical product is different from the patented process (A rticle 34).  Failing such proof, the process is assumed
to be counterfeited.  This provision does not appear in the Bangui Agreement.
Legislation with respect to trademarks - Trademarks and service marks are protected for a period of ten years
from the date of application for registration, renewable indefinitely.  The TRIPS Agreement (Article 16.1)
provides for protection against identical or similar signs for goods or services which are identical or similar tothose in respect of which the trademark is registered where such use would result in a likelihood of confusion.
In the case of the use of an identical sign, a likelihood of confusion is presumed.  The Agreement also provides
for increased protection of well-known trademarks (Article 16.2) as well as protection against the use ofidentical or similar signs for products that are not similar.  These protections are not explicitly provided for bythe Bangui Agreement.  According to Article 19.1 of the TRIPS Agreement, the registration of a trademark maybe cancelled only after an uninterrupted period of non-use of at least three years.  This period is five yearsunder the Bangui Agreement (Article 22).
Copyright - Any original intellectual, artistic or scientific work and a title thereof enjoy an exclusive
incorporeal property right enforceable against all persons.  The protection applies in particular to books and
other writings, lectures, addresses and other works of such nature, works created for the stage, musical works,pictorial works, architectural works, maps and graphic reproductions, cinematographic, broadcasting andaudiovisual works, photographic works and translations and arrangements of the above-mentioned works aswell as folklore products.
The TRIPS Agreement also provides protection for computer programs and compilations of data which by
reason of the selection or arrangement  of their contents constitute intelle ctual creations (Article 10).  The
Bangui Agreement contains no corresponding provision.  The related rights stipulated in Article 14 of theTRIPS Agreement, such as the protection of performers, producers of phonograms (sound recordings) andbroadcasting organizations, do not appear in the Bangui Agreement either.
Industrial designs and other forms of intellectual property - The creator of any industrial design has the
exclusive right to its exploitation and sale under the B angui Agreement.  The duration of the protection
conferred by a certificate of registration for an industrial design expires five years after the deposit of theapplication for registration, but the registration may be renewed twice.  The TRIPS Agreement (Article 26.1)grants broader rights, in particular with respect to imports.  The Bangui Agreement provides for theregistration of trade names for a renewable period of ten years from the date of filing.  Only registered names
can be the subject of criminal penalties.  Appellations of origin are protected if they are registered by the AIPO
or if a registration  effect results from an international convention to which Mali is a party.
Source:  WTO (1997)