WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  WT/TPR/M/127/Add.1 
29 March 2004 
 (04-1413) 
Trade Policy Review Body 
4 and 6 February 2004 Original:  English/ 
                 anglais/                  inglés 
  
 
TRADE POLICY REVIEW 
THE GAMBIA 
Minutes of Meeting
 
Addendum  
Chairperson:  H.E. Ms Mary Whelan (Ireland) 
 This document contains the advance written questions, and replies provided by The Gambia.1 
__________________________________________________________________________________ 
 
Organe d'examen des politiques commerciales 
4 et 6 février 2004  
EXAMEN DES POLITIQUES COMMERCIALES 
GAMBIE 
Compte-rendu de la réunion
 
Addendum  
Présidente:  S.E.  Mme Mary Whelan (Irlande) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par la Gambie .1 
__________________________________________________________________________________  Órgano de Examen de las Políticas Comerciales 4 y 6 de febrero de 2004  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
GAMBIA 
Acta de la reunión
 
Addendum  
Presidente:  Excma. Sra. Mary Whelan (Irlanda) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Gambia.1 
  
                                                     
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/127/Add.1 
 Page 3 
 
 
ADVANCE WRITTEN QUESTIONS BY MEMBERS AND 
REPLIES PROVIDED BY THE GAMBIA 
 
 
I. ECONOMIC ENVIRONMENT 
Japan 
Question:  
Japan appreciates that the Government of the Gambia has taken such measures as prohibiting 
unauthorized money exchange in order to control th e recent rise in   inflation, which has sharply 
increased to quite a high level.  
Please explain the effect that such measures have had towards combating then recent inflation.  
 Answer:
 
Since the abolition of unauthorized money exchange  in the Gambia, coupled with the implementation 
of tight monetry policy measures the Dalasi appreciat ed against all the major international currencies 
and inflationary pressures abated. In fact, consumer price inflation declined from 21.1% at the end of 
August 2003 to 17.6% at the end of December 2003. 
 
Comments on the Government's Report 
Question:  
According to the Government report, it has been listed as a medium-term  
objective of the tourism sector, to create awareness to potential new markets in  North America and Eastern Europe by 2004.  
Please indicate the specific measures planned to achieve this objective? 
 
Answer:
 
The Gambia Tourism Authority (GTA) has established an international roots foundation to promote Gambian tourism in the American Diaspora.   Plans are  
also underway to establish and negotiate direct route from Banjul to the US.   With regards to Eastern Europe, the GTA is working closely with Gambian tour 
operators and Gambia Embassies to promote tourism all over Europe.  
European Communities 
Question:  
The Gambia has adopted strategies for developing capacities in a number of fields.  
How is the issue of trade being dealt with in Th e Gambia’s national strategies? Are the strategies 
based on the possibilities for advancing the country ’s development objectives in the context of 
increasing globalisation through trade? What is the re lationship between The Gambia’s strategy vis-à-
vis trade liberalisation and its poverty reduction strategy?  
 
Answer:  
The Gambia has embarked on programmes to opera tionalise its Vision 2020 and presently working on 
a Medium Term Plan (MTP), which would deal with the issues of trade in this strategy.  This strategy 
is expected to advance the country’s developmen t objectives in the context of globalisation through 
trade. The relationship between The Gambia’s strategy on trade liberalisation and its poverty WT/TPR/M/127/Add.1 
Page 4  
 
reduction strategy is aimed to integrate The Gambia in  the global trading system in order to realize its 
economic development goals. 
 
Question:
 
Regional trade is an important tool for improving a nd harvesting the benefits from trade. The Gambia 
is actively promoting the ongoing integration-proce ss in ECOWAS, including the establishment of a 
free-trade area by 2004 and a common external tariff by 2007.  
What is The Gambia’s strategy with regard to  establishing national institutional mechanisms for 
enforcing ECOWAS decisions and how does The Gamb ia assess the feasibility and constraints in this 
respect?  
Answer:  
The Gambia has established an inter-ministeria l committee for the implementation of ECOWAS 
Protocols and Decisions.  The Committee sis answerab le to Cabinet and mon itors implementation of 
the Protocols and Decisions.   Question:
 
The EC considers that the WTO and multilateral liberalization is the most certain way for small 
countries to promote their interests.   How does The Gambia judge the relative importance a nd weight of bilateral/FTA policies and further 
development of the WTO system in terms of its own trade and development needs? 
 Answer:
 
The Gambia considers bilateral/ FTA policies important, as it is a member of the Sub-regional 
Organization (ECOWAS) whose main objective is customs union and free trade area within the ECOWAS sub-region.  Since the FTA aims to improv e trade, we believe that further development of 
the WTO system in terms of The Gambia’s trade and development needs is to ensure market access 
both for agricultural non-agriculture goods.  
Question:
 
As most LDC’s the EC is truly aware of the need s that The Gambia may be facing with regard to 
further trade-related assistance. We also understa nd that The Gambia has benefited from the first 
generation of the Integrated Framework and also th at The Gambia would like to benefit now from the 
re-vamped IF; a Technical Review will be undertaken in the near future.  
What is the follow up given to the work undertaken under the old IF? To what extent trade has been 
mainstreamed in the PRSP and national development policy? Has the need for trade related assistance 
been further assessed such as to provide an overview a nd a plan of areas are to be further boosted by 
technical assistance and how much technical assistance is required in each of these areas?  
Answer:  
The Gambia is still making follow-ups to the work undertaken under the old IF. Although a study on 
export development strategy has been undertaken, th e Gambia still needs assist ance to implement it.  
In relation to the supply-side constraints identified in  the old IF, most of them remain to be addressed. 
 
Not much has been done on mainstreaming trade in  the PRSP. The Gambia believes that integration 
or mainstreaming into development plans is the raison d’etre of the IF and now considers it as a 
priority. The Macro-economic Committee and the Inter-Ministerial Committ ee are the institutional 
structures to integrate trade into the PRSP.   WT/TPR/M/127/Add.1 
 Page 5 
 
 
However, The Gambia would need technical assist ance to benefit from the new IF and also to 
mainstream trade in its national PRSP.  
Canada 
Question:  
Integration or mainstreaming of trade into developm ent plans is the raison d’être of the Integrated 
Framework (IF).  However, a recent evaluation of The Gambia’s participation in the IF revealed that 
this integration is “not a priority for the Government” of The Gambia.  
 What steps is the Government of The Gambia taki ng to translate recognition of the important link 
between trade and development into actual practice? 
 
Answer:
 
Government is committed to mainstream trade in to the development plans. The Macro-Economic 
Committee and the Inter-Ministerial Committee on WT O are the intuitional structures to integrate 
trade into the PRSP. The Gambia believes that Integration or mainstreaming of trade into 
development plans is the raison d’etre of the IF and now considers it as a priority. 
 
United States 
Question:  
We are told modernization of the Gambia’s inco me tax is being sought. Could the representative of 
the Gambia give some idea of the government’s  plans for tax modernization and its expected 
timeframe?  Answer:
 
A new Income and Sales Tax Act has already been drafted with assistance from the IMF and is 
currently being reviewed by the Department of Stat e for Justice prior to submission to Cabinet and the 
National Assembly. The process is intended to be co mpleted by end June 2004. The new system calls 
for the creation of a Large Taxpayer unit, a self- asse ssment system and the broadening of the tax base 
to include the informal sector. 
 
Question:  
We are told the 2001 privatization program has st alled.  Could the Gambia representative indicate 
when the program will be reactivated? 
 
Answer:  
The program has already been reactivated with the establishment of the Public Utilities Regulatory 
Act (December, 2001) and works toward s the establishment of the Agency. 
 
Question:  
We are informed that the commercial court system has a severe backlog of cases.  Would the Gambia 
representative explain any plans to improve the situ ation?  Are any commercial arbitration centers 
planned for the country to resolve commerc ial disputes more economically and quickly? 
 
Answer:  
The commercial courts have been established and their operations will start in due course. 
 WT/TPR/M/127/Add.1 
Page 6  
 
Question:
 
The Secretariat’s report noted that  appeals against or complaints about a decision taken by the 
Gambia’s customs authority are to be  made first to the Director-General of Customs.  A further appeal 
or complaint may be made to the Secretary of  State for Finance and Economic Affairs.   
Does Gambia’s legislation provide for the right of ap peal without penalty to a judicial authority? Does 
Gambia’s appeal process provide the appellant the reasons for a decision in writing and inform them 
of any right to a further appeal.   
Answer:  
The Gambia’s appeal system does allow for right of appeal to a judicial system without penalty and 
also provides the appellant with reasons for a d ecision in writing as well as informing them of any 
right to a further appeal. 
 
Question:  
The Gambia has been d eclared eligible for AGOA benefits, but has not received the textile and 
apparel benefit. Does the Gambia plan to establish an effective product visa system and apply for the 
textile benefit under AGOA? 
 
Answer:  
Although the Gambia has qualified for AGOA since 2003, it has not benefited from this concession; 
however, we will be seeking for technical assistance for product visa from the USA.  II. TRADE POLICIES 
Japan 
Question:  
The Gambia has acceded to the Paris Convention and to the Bern Convention.  However, these 
conventions do not cover the protection of such areas as the layout designs of integrated circuits or 
undisclosed information. 
 
Please indicate how such intellectual property is protected.  
Answer:
 
Presently there is no industrial or commercial produc tion of layout designs of integrated circuits in 
The Gambia. As such there is no legal regime in place to provide protection. However, the 
government is in the process of far reaching econom ic and legal reforms. This reform process is 
focused on economic activities and enhancing the institu tions of contracts, property rights (including 
intellectual property rights) and provides private sector development.   
Question:  
As an LDC, The Gambia shall implement the TRIPS Agreement by 1st January 2006 except for the 
patent regarding medicines. However, the Secretar iat Report states that legi slation regarding patent 
protection does not cover agricultural or pharmaceu tical products, and the Gambia currently has no 
mailbox provisions.  
 
Please indicate the schedule for implementing the legi slation on the patent protection of agricultural 
products. 
  WT/TPR/M/127/Add.1 
 Page 7 
 
 
Answer:  
The economic reform agenda of the government requi res that a legal infrastructure for the property 
rights protection be in place. To this end a legi slative agenda, which includes intellectual property 
rights protection, is being worked out. Legislation in the area of patents, trademarks, and industrial 
designs would be enacted in the Omnibus Act.  
 
Question:  
The Secretariat’s Report states that in practice, capacity constraints have led to a backlog of 12 years 
in the publication of registered trademarks thus hampering the enforcement of trademark protection.  
 
Please indicate the plans for d ealing with such backlog. 
Answer:  
Although there are constraints in the publication of the registered trademarks, efforts are underway to 
clear the backlog. WIPO has provided some assistance in the form of computers and training.  
Question:  
According to the Secretariat’s Report the Copyright Act of 1916 is thoroughly obsolete.  
 
Please indicate how the Gambia is implementing its obligation on the Bern Convention.  
 
Answer:  
Response will be supplied in due course. 
Question:  
Please indicate the schedule for amending or implem enting legislation regarding the protection of 
copyright. 
 
Answer:  
The Copyright Act of 1916 is obsolete and efforts are underway for a review of the Act. This would 
require assistance from the WTO.  
Hong Kong, China 
Question:  
The Gambia has not formulated any domestic standa rds nor has adopted any international standards 
into her domestic regime.  At present, there is no operational standards bureau that could act as a focal 
point for the development of national standards.  We nevertheless note that a draft Standards and 
Consumer Protection Act is being prepared, which aims at, amongst other things, establishing the 
Standards and Consumer Protection Bureau as a separ ate legal entity with the mandate of developing 
domestic standards.  We appreciate The Gambia has a need to develop her domestic standards (e.g. 
for consumer safety purpose), but hope that any such  standards adopted are transparent and would not 
create unnecessary restrictions to the trade.   
 
We are also interested to know the current state of  play of the draft Act, and whether there is any 
proposed legislative timetable. 
 WT/TPR/M/127/Add.1 
Page 8  
 
Answer:
 
A draft Standard and Consumer Protection Act is cu rrently being reviewed by the Attorney General's 
Chambers prior to submission to Cabinet and Na tional Assembly for enactment.  The process is 
expected to be finalized by the first half of 2004.   
 
Question:  
The Gambia’s sanitary and phyto-sanitary requiremen ts are governed by various pieces of legislation, 
and fall under the purview of a number of instituti ons.  This dispersion has rendered policy-making 
and enforcement difficult, as well as reduced transparen cy to the trade.  We note that new legislation 
on food imports is under preparation to, among othe rs, reduce the level of fragmentation in policy-
making and implementation in the area.   
 
We would be grateful if The Gambia’s authorities coul d share with us the latest state of play of the 
legislative process. 
 
Answer:  
Currently the draft food law is in its final stag e and hopefully it will be tabled at the National 
Assembly in the next two months.  
European Communities 
Question:  
Doing away with unnecessary external as well as in ternal impediments to trade is vital for the 
promotion of trade and development itself.   
 To the knowledge of the EC, The Gambia is s till using the 1950 Brussels Definition of Value for 
customs valuation purposes, without having applied for a waiver granting it an extended transition 
period for the implementation of the WTO Agreement on Customs Valuation. 
 
What are the plans of The Gambia when it come s to moving to more WTO consistent customs 
valuation procedures methods? Further, has The Gamb ia sought to obtain technical assistance in this 
area?  
Answer:
 
Plans to move from the BDV to WTO Customs Valua tion are very high on Government’s agenda.  So 
far, The Gambia is currently seeking technical as sistance to modernize our customs procedures and 
law. In this regard, The Gambia is very much inte rested to have technical assistance to move to the 
WTO Customs Valuation system.  Question:
 
To the knowledge of the EC, The Gambia is st ruggling with discrimination on taxation between 
imported food and beve rage products and locally produced ones.  
 
What is the status of discussions with re gard to abolishing this discrimination?  
 Answer:
 
Discussions are on going and the final decision will be communicated in the next review.  
 
Question:  
Could Gambia explain any measures it is taking or pl anning to take in the field of trade facilitation, 
notably simplification of customs and import/export pr ocedures, particularly to cut costs for Gambian 
exporters and SME’s. Further, does Gambia invol ve its business sector in discussing improvements?  WT/TPR/M/127/Add.1 
 Page 9 
 
 
Answer:  
The Gambia had already taken measures in simplifying customs procedures on import/export by 
adopting a Single Administrative Document (SAD) and Automated System of Customs Data (ASYCUDA).  SAD records both import and export in a single form to expedite customs transactions.  
The business sector now meets with government at  many fora, including the National Economic 
Summit where issues on trade and investment are discussed and recommendations made. 
Question:
 
How is the issue of trade being dealt with in Th e Gambia’s national strategies? Are the strategies 
based on the possibilities for advancing the country ’s development objectives in the context of 
increasing globalisation through trade? What is the re lationship between The Gambia’s strategy vis-à-
vis trade liberalisation and its poverty reduction strategy?  
 
Answer:  
The Gambia has embarked on programmes to opera tionalise its Vision 2020 and presently working on 
a Medium Term Plan (MTP), which would deal with the issues of trade in this strategy.  This strategy 
is expected to advance the country’s developmen t objectives in the context of globalisation through 
trade. The relationship between The Gambia’s strategy on trade liberalisation and its poverty 
reduction strategy is aimed to integrate The Gambia in  the global trading system in order to realize its 
economic development goals.  
Question:
 
What is The Gambia’s strategy with regard to  establishing national institutional mechanisms for 
enforcing ECOWAS decisions and how does The Gamb ia assess the feasibility and constraints in this 
respect?  
 
Answer:  
The Gambia has established an inter-ministeria l committee for the implementation of ECOWAS 
Protocols and Decisions.  The Committee sis answerab le to Cabinet and mon itors implementation of 
the Protocols and Decisions.   
Question:
 
How does The Gambia judge the relative importance a nd weight of bilateral/FTA policies and further 
development of the WTO system in terms of its own trade and development needs? 
 
Answer:  
The Gambia considers bilateral/ FTA policies important, as it is a member of the Sub-regional 
Organization (ECOWAS) whose main objective is customs union and free trade area within the 
ECOWAS sub-region.  Since the FTA aims to improv e trade, we believe that further development of 
the WTO system in terms of The Gambia’s trade a nd development needs is to ensure  market access 
both for agricultural non-agriculture goods.  
Question:
 
What is the follow up given to the work undertaken under the old IF? To what extent trade has been 
mainstreamed in the PRSP and national development policy? Has the need for trade related assistance 
been further assessed such as to provide an overview a nd a plan of areas are to be further boosted by 
technical assistance and how much technical assistance is required in each of these areas?   
Answer:
 
The Gambia is still making follow up to the work  undertaken under the old IF by seeking technical 
assistance on an export promotion project document.  The Project document is an outcome of the old IF and The Gambia needs Technical Assistance to implement it.  WT/TPR/M/127/Add.1 
Page 10  
 
Not much has been done on trade mainstreaming in  the PRSP.  The Project document being referred 
to above has outlined areas where technical assistance  is needed.  Moreover, The Gambia would need 
Technical Assistance to benefit from the new IF and also to mainstream trade in its national PRSP.  
Korea 
Question:  
According to the Secretariat’s report, Gambia has been applying the "Brussels Definition of Value for 
customs purposes" in determining the customs value of imported goods and selecting the higher 
value, after comparing the reference value and the decl ared value.  It is also reported that Gambia has 
not applied to the WTO for a waiver granting it an  extended transition period for the implementation 
of the WTO Customs Valuation Agreement, although it is not yet applying the method based on the 
transaction value.   
 
It is our understanding that the current customs syst em of Gambia is not in compliance with the WTO 
Customs Valuation Agreement.  We would like to listen to any opinion of the Gambia on this view . 
Answer:  
The current customs valuation system applied in The Gambia is not in line with the WTO Customs 
Valuation Agreement. However, efforts are bei ng made to adopt the WTO valuation system and 
technical assistance is needed in this area. 
 
Question:  
Please give us any information on the current situ ation or future plan for implementing the WTO 
Customs Valuation Agreement.  
 
Answer:  
The adoption of the WTO Customs Valuation syst em is high on the government agenda, and as soon 
as capacity is built around this subject it will be implemented without delay.  
 
Canada 
Question:  
We note the footnote reference to The Gambia’s invol vement in the old structure of the Integrated 
Framework (IF).  It should be noted that The Gambia  is applying for membership in the revamped IF, 
entitling it to a diagnostic trade integration stud y (DTIS) and additional funding for follow-up 
activities.  
In the absence of the DTIS, how has the Governme nt of The Gambia identified its trade-related 
needs? 
 
Answer:  
The Gambia recognizes trade as an engine of eco nomic development and hence has developed an 
Export Promotion Strategy, which is output of the In tegrated Framework. In addition, Government is 
developing trade related policies and Strategies such  as the Standard and Quality Control, Industrial 
Policy, Competition Policy, Employment Policy. Th ese policies were developed through a series of 
sectoral studies and consultative workshops  with the relevant stakeholders. 
 Question:
 
Through what mechanisms, besides the WTO and Integrated Framework, is The Gambia pursuing its 
trade-related needs?   WT/TPR/M/127/Add.1 
 Page 11 
 
 
Answer:  
Other initiatives in which the country is involved in clude regional, multilateral and bilateral initiatives 
such as the ECOWAS, CILSS, AGOA, a nd the Commonwealth Secretariat. 
 
Question:  
Paragraph 1 refers to a processing fee that is lowe r for imports of ECOWAS origin versus those of 
non-ECOWAS origin. This would appear to violate the Most Favoured Nation principle, unless the actual cost of import processing is higher for non-ECOWAS products.  However, even if processing costs are different, GATT Article VIII stipulates that fees should be limited to the approximate cost of 
the service rendered, and this would preclude  calculating fees on an ad valorem basis.  
 
What steps will The Gambia take to institute a fee structure based on the actual cost of the 
transaction?  
Answer:
 
Processing fee is an internal tax applicable to all impo rts regardless of source at a standard rate of 1.55 
percent. In effect there is no discrimination.  
Question:
 
Paragraph 2 refers to a sales tax th at favours domestic products over impor ts.  In addition, it refers to a 
10% export tax that is applied discriminately, i.e ., exempting products destined for one particular 
export market.  These measures are inconsistent with the WTO’s National Treatment and Most 
Favoured Nation requirements. 
 
Canada would like to know what steps The Gamb ia will take to correct this situation. 
 Answer:
 
Discussions are on going and the final decision will be communicated in the next review. The 10% 
tax is only levied on those exports of fish and fish products who do not use the domestic banking 
system.  This is to ensure inflow of foreign currency into the country.  
Question:
 
Paragraph 10 states that pre-ship ment inspection, required in 1999 a nd 2000, is no longer compulsory.  
Please confirm whether or not this is still the case.  
Answer:
 
Pre-shipment inspection was found to stifle trade and therefore abolished.  
Question:
 
Paragraph 11 states that The Gambia is still usi ng the 1950 Brussels Definition of Value for customs 
valuation purposes and that the implementation of WTO-consistent valuati on methods is among The 
Gambia’s capacity-building needs.  Consequent ly, although The Gambia has been a WTO Member 
since late 1996, it has not applied to the WTO for a waiver granting it an extended transition period 
for the implementation of the WTO Agreement on Customs Valuation.   
 Would The Gambia please advise the current status of  its efforts to obtain technical assistance in this 
area?  Would The Gambia also please provide an upda te with respect to its plans to move towards 
WTO-consistent custom s valuation methods? 
 
Answer:
 
As indicated earlier plans to move from the BDV to WTO Customs Valuation are high on 
Government’s agenda.  So far, The Gambia is cu rrently seeking technical assistance to modernize our WT/TPR/M/127/Add.1 
Page 12  
 
customs procedures and law. In this regard, The Gamb ia is very much interested to have technical 
assistance to move to the WTO Customs Va luation system. (See response to EC). 
 
Question:
 
Canada notes that there is no reference to regul atory measures with respect to products derived 
through biotechnology.  We would be interested in  any information that can be provided on this 
matter.  
Answer:
 
The Gambia has signed the Protocol on Biosafety a nd is currently in the process of developing the 
national framework (strategy, legal and regulatory) for its implementation. This will include issues of 
LMOs, GMOs and other produc ts of biotechnology.  
 
Question:  
Canada understands that, as a Least -Developed Country, The Gambia is working hard to ensure 
compliance with WTO requirements, including in the area of intellectual property law, and we 
commend The Gambia on its efforts to date.  It is our understanding, however, that there are currently 
no laws in The Gambia to provide for the protectio n of the layout design of integrated circuits, new 
plant varieties or the conservation and sustainable use of biodiversity.   Is The Gambia considering legislation to provide such  protection and if so, what are its specific plans? 
 
Answer:
 
Presently there is no industrial or commercial produc tion of layout designs of integrated circuits in 
The Gambia. As such there is no legal regime in place to provide protection. However, the 
government is in the process of far reaching econom ic and legal reforms. This reform process is 
focused on economic activities and enhancing the institu tions of contracts, property rights (including 
intellectual property rights) and provides private sector development.  
Question:  
Is The Gambia undertaking any work to extend pate nt protection to agricultural and pharmaceutical 
products as required by WTO-TRIPS? What  measures are currently in place for: 
a. the renewal of a patent;  
b. the invalidation of a patent due to lack of use or other abuse;  
c. compulsory licensing of patented products; and  
d. prevention of parallel importa tion of patented products? 
 
Answer:  
The economic reform agenda of the government requi res that a legal infrastructure for the property 
rights protection be in place. To this end a legi slative agenda, which includes intellectual property 
rights protection, is being worked out. Legislation in the area of patents, trademarks, and industrial 
designs would be enacted in the Omnibus Act.   
Question:
 
Please clarify the means by which The Gambia is addressing backlog concerns regarding the 
publication of registered trademarks in the country.  
Answer:
 
Although there are constraints in the publication of the registered trademarks, efforts are underway to clear the backlog. WIPO has provided some assistance in the form of computers and training.   WT/TPR/M/127/Add.1 
 Page 13 
 
 
Question:  
Canada is aware that The Gambia’s Copyright Ac t of 1916 may need revision to ensure compliance 
with WTO requirements. What efforts are being und ertaken in this regard by Gambian authorities? 
 
Answer:  
The Copyright Act of 1916 is obsolete and efforts are underway for a review of the Act. This would 
require assistance from the WTO.  
United States 
Question:  
Implementation of the Trade Gateway Project is me ntioned.  Does the representative of the Gambia 
have more information on this project? 
 
Answer:  
Government has recently laid the foundation stone for the construction of the civil works at the Free 
Zones site at the Yundum International Airport. This is the first site to be developed and has already 
attracted a number of investors. The Gambia Investment Promotion and Free Zones Agency is being 
provided with capacity building assistance to eff ectively implement the Trade Gateway Project.  
 
Question:  
Approximately 16 percent of imports are exempted from customs duty.  Does the Government of the 
Gambia have any plans to eliminate any of these exemptions?  Answer:
 
There are plans to minimize exemptions given out  by government; however, exemptions will still 
remain for diplomatic missions and NGO’s. 
Question:  
There is a 10 percent export duty which European Union countries are exem pted.  Does the Gambia 
have plans to provide this in a less discriminatory fashion?  
Answer: 
 
The issue is currently being studied an d decisions reached will be communicated. 
Question:  
Gambia still uses the Brussels Definition of Value fo r valuation purposes.  What are Gambia’s plans 
to implement a WTO-consistent valuation method?   We encourage Gambia to implement the WTO 
Agreement on Customs Valuation as quickly as possibl e. One way to ensure WTO consistency is to 
compare draft legislation to the WTO Valuation Questionnaire.  
 
Answer : 
Plans are well ahead to move away from the BDV System of valuation to the WTO System.   
 
Question:  
The Secretariat’s report also notes that under the current system, the customs authorities in Gambia 
systematically compare the value of goods stated  in the single administrative document (“SAD”), 
invoice, and packing list, to a computerized list of “indicative” (ie. reference) values.  The higher of 
the reference value or the declared value is systemat ically selected.  The use of such reference prices 
can be inconsistent with the Va luation Agreement, resulting in a de facto minimum price regime.  
What plans does Gambia have to revise its valuation method? WT/TPR/M/127/Add.1 
Page 14  
 
Answer : 
 
Again as indicated above, plans are well advanced to move away from the BDV System to the WTO 
System. (See response to Japan, Canada). 
 
Question:  
The Gambia charges excise taxes on imported (“lu xury”) goods such as cigarettes, beer, and fruit 
juice and soft drinks.  Are these taxes collected  on domestically produced goods? If not, are these 
excise taxes within the limits of Gambia’s tariff bindings?  
Answer:
 
The taxes on domestic goods have been abolished since December 2003.   
 
Question:  
Could you please provide information on any plans that  may be in place in the Gambia to create trade 
remedy legislation?  
 
Answer:  
The Gambia is in the process of reforming its trade laws and regulations. The Gambia would need 
technical assistance in this area from the US and other donors. 
 
Question:  
This report lists the following criteria, which are required to be taken into account by the Gambia 
Investment Promotion and Free Zones Agency wh en granting incentives th rough the Investment 
Promotion Act of 2001:  the capacity of the business  to contribute to the generation of new earnings 
through increase exports, import substitution and the leve l of local content. The report also states that 
there is no requirement for firms to export in order to be eligible for the incentives provided under the 
Investment Promotion Act (see para graph 58).  It also states that no formal benchmark is used when 
looking at local content and that “investors may still be granted a special certificate of investment if 
they are deemed to have satisfied some of the othe r requirements set out in the Act (see paragraph 58).  
Aside from the criteria listed above, could Gambia please provide more information regarding the 
criteria that must be met to qualify for the incentives provided in this program?  
Answer:  
Answer will be provided in due course. 
Question:  
Has the Industrial Intellectual Property Act of 19 89 come into force?  Does Gambian legislation 
recognize ARIPO’s authority to grant patents and re gister trademarks on Gambia’s behalf?  If not, 
what provisions govern that provide for such rights in Gambia?   
 
Please describe the Gambia’s legislative efforts conc erning the protection of ge ographical indications?  
What measures are in place to protect existing prio r trademark rights against subsequent applications 
for geographical indications?  
Answer:
 
The laws are being reviewed.  
Question:  
What is the status of the Gambia effort to upda te its 1916 copyright law concerning Berne and TRIPs 
obligations?  Does the Gambia intend to impl ement the WIPO Copyright Treaty and WIPO 
Performances and Phonograms Treaty when it en acts a new TRIPs-compliant copyright law?  WT/TPR/M/127/Add.1 
 Page 15 
 
 
Answer:  
It is true that the copyright Act of 1916 is obsol ete but efforts are underway for a thorough review of 
the Act and if necessary repeal it. This would require assistance from WTO and WIPO. 
 
Question:  
Under what circumstances, if any, are goods found to be infringing destroyed? Do Customs act on its 
own or after being informed of a potential problem  by a right holder?  Does the Gambia ever impose 
prison sentences on those convicted of trademark counterfeiting or copyright piracy?  If not, does the Gambia have any pending legislation, which would if passed, provide for prison sentences in criminal 
trademark counterfeiting or copyright piracy cases? 
 
Answer:  
 
Answer will be provided in due course. 
Question:  
Domestic regulations ban the exportation of lobste r, sole, and cephalopods without the permission of 
the Director of Fisheries.  Would the representative of the Gambia clarify the need for this policy? 
 
Answer:  
The need for this policy is to ensure adding value  to the product in the Gambia. It aims at regulating 
those exporters who export the unprocessed product to neighboring countries, where it would be 
further processed and labeled as a product of that country. It also aims to regulate and control the 
stocks of these species, which are prone to over-exploitation. 
 
III. SECTORAL POLICIES 
Japan 
Question:  
According to the Secretariat’s Report Internati onal Bank for Commerce and the Guarantee Trust Bank 
are 100% foreign owned. 
 
Please confirm that there are no limitations for foreign investments in the banking sector. 
Answer:  
Since the economic reforms of the late 80s and early 90s the financial sector was completely 
liberalized and capital controls completely eliminat ed. As a consequence, there are no limitations on 
foreign investments in the banking sector.  
Question:  
Please indicate whether there is limitation on commercial presence in the banking sector. 
 
Answer:  
There are no limitations in commercial presence in the banking sector. Howeve r, to guard against 
money laundering, investors are subjected to a "fit and proper person" test.  
Question:
 
The Secretariat’s Report states that all financial; in stitutions are required to obtain a license from the 
Central Bank prior to commencing operations and th at as part of its approval process the Bank 
considers the following criteria; capital adequacy  and the source of the institution’s capital. 
 WT/TPR/M/127/Add.1 
Page 16  
 
Please indicate the specific standards necessary when considering the criteria for such capital 
requirements for financial institutions. 
 
Answer:
 
The minimum capital requirement for setting up financ ial institutions in the Gambia is based on the 
criterion that the proposed capital is adequate to cove r the initial operational cost of the bank.  Once a 
license is granted the banks are required to meet a capital adequacy ratio of 8% a per the Basle 
Accord.  
Question:
 
The Secretariat’s Report states that Gambian reside nts need written permission from the Central Bank 
before opening an account overseas.  
 
Please indicate the specific standards required for obtaining permission for Gambian residents to open 
an account overseas.  
 
Answer:  
As indicated above, since the removal of capital c ontrols Gambian residents do not require permission 
to open overseas accounts. However, in the fight ag ainst money laundering and global terrorism those 
traveling outside the Gambia with  cash over D300,000 are required to declare it at the port of exit. 
There are no limitation if transfers are made through the banking system.  Question:
 
On page vii, paragraph 8, the Secretariat report st ates that while The Gambia has one of the highest 
levels of commitments under GATS, for a Leas t Developed Country, legi slation and/or policy 
practices in some sub-sectors, such as banking and maritime and road transport, do not mirror those 
commitments.  On page 79, paragraph 76, it is al so stated that The Gambia’s binding commitments 
under the GATS regarding the banking sub-sectors are somewhat less liberal th an the actual regime. 
Regarding these points, please provide specific details. 
 Answer:
 
(To be provided later). 
 Question:
 
According to the Secretariat’s Report most insura nce companies do not comply with the regulations 
relating to reserves.  
 
Please explain what measures the government of Gambia  takes in order for such companies to comply 
with the regulations relating to reserves. 
 
Answer:  
Presently there are no regulations governing operations  of insurance companies and hence the Central 
Bank employs moral suasion to ensure compliance with the reserve requirement. However, the 
National Assembly ratified the Insurance Act in 2003, and an Insurance Regulation Bill has been 
drafted for enactment by the National Assembly. The draft Insurance Regulation set a minimum and 
binding paid-up capital and reserv es for all insurance companies. 
Question:  
Please indicate whether other financ ial institutions other than Insu rance Companies really comply 
with the regulations.   WT/TPR/M/127/Add.1 
 Page 17 
 
 
Answer:  
Generally all other financial in stitutions comply with the Fina ncial Institutions Act of 1992. 
 
Question:  
According to the Secretariat’s Report, a new Tel ecommunication Act is under preparation, along with 
a new Telecommunications Policy. 
 Does the new Telecommunications Act include the provisions, which oblige unbundling of the 
services and universal services to GAMTEL?  Answer:
 
Even though the Act is yet to be finalized, the policy provides for the unbundling of the services and 
the universal services to GAMTEL.   
Question:
 
According to the Secretariat’s Report, the Governme nt currently has no plans to auction a license to 
new entrants of cellular operators, nor has a date yet been set for the liberalization of fixed line 
telephony. 
 
Answer:  
There is no other gateway apart from GAMTEL, but the value-added fixed line services are 
liberalized.  However, within the Trade Gateway Pr oject there are plans for the creation of a teleport 
component.  
 
Question:  
Please indicate the relationship between The Gambia’s  actual regime and its binding commitments for 
the telecommunication services. 
 
Answer:  
The Gambia’s telecommunication service commitments are very onerous, fully liberalized in all four 
modes of supply except on mode 4 ( temporary mo vement of natural pers ons). We acknowledge the 
need to increase the degree of implementation of these commitments.  
 
Comments on the Government's Report 
Question:  
According to the Government Report, as long term objective of the tourism sector, improving the 
overall service quality standard of  the industry by 2004 and to increase tourism arrival by 20% 
annually beginning 2003 for the next ten years have been listed. 
 
Please indicate the specific measures planned to achieve these objectives? 
 
Answer:  
Delloitte USA is developing a Tourism Master Plan on behalf of the Government of the Gambia. This 
Project, financed by the ADB would address issues  such as hotel classification, quality control and 
standards, eco-tourism, amongst others. In additi on Government has embarked on the up-grading and 
expansion of tourism infrastructure such as roads and electrify within the Tourism Development Area 
(TDA).  WT/TPR/M/127/Add.1 
Page 18  
 
Hong Kong, China 
Question:  
We take note of the situations in The Gambia’s telecommunications sector.  There appears to be a lack 
of competition in the market for cellular telephone an d fixed line telephony.  No date has so far been 
set for the liberalization of fixed line telephony and no action has been taken to establish an independent regulatory authority, which is an essential precondition for effective liberalization.  We 
however note that a new telecommunications act is under preparation, along with a new 
telecommunications policy.  
 
We would be interested to know the progress of the preparation, and whether the new act/policy 
would envisage any concrete measures to improv e the market conditions in order to enhance 
competition and liberalization in the sector. 
 
Answer:
 
As indicated earlier to the questio n raised by Japan, a telecommuni cations policy has already been 
finalized. However, the Act is still in the making.  The policy seeks to improve market conditions and 
enhance competition.. 
 
European Communities 
Question:  
The EC appreciates and recognizes that The Gambia has taken substantial commitments in 12 service 
sectors during previous negotiations, and hope that Th e Gambia will also take an active part in the 
current round of services negotiations. While fully recognizing this, the EC should like to ask the 
following questions.  The telecommunications sector is bound to play an important role for The 
Gambia’s development, as communication will beco me of increasing importance for both visitors as 
well as business in The Gambia. 
 
Given that The Gambia has undertaken full commitm ents for voice and data services, when will it 
implement these commitments and allow operators  alternative to GAMTEL in the fixed sector? 
Answer:  
There is no date set to undertake full commitments for voice and data services by allowing operators, 
other than GAMTEL in the fixed line sector. Howeve r, the Gambia is carrying out necessary reforms 
including the establishment of a Public Utility Regulat ory Agency (PURA). It should be noted that the 
Gambia wishes to honor all its commitment but contingent upon putting in place a suitable 
environment. 
 
Question:  
Are there plans to separate GAMTEL and the DOSCIT or will The Gambia set up an independent 
regulatory authority to supervise th e sector and promote competition?  
 
Answer:  
A Public Utility Regulatory Act has already been passed and the Agency is in the making with the 
appointment of the Chief Executive in progress. DO SCIT will cease to perform its current regulatory 
function for GAMTEL.   Question:
 
The government of The Gambia points out that touris m is at the very heart of the country’s economy.  WT/TPR/M/127/Add.1 
 Page 19 
 
 
Would The Gambia inform how many people work in the tourism sector, what has been the evolution 
in the last years and how much of the FDI attracted by the country in the last years has been in the 
tourism sector? 
Answer:  
Approximately 10,000 people both in the formal and informal sectors work in  the industry. In 1999 
the FDI stock in the Gambia totaled D658.6 milli on. Hotels, catering and restaurants accounted for 
26.6% of this stock. In 2000 the stock of FDI in creased to D706.2 million with the share of hotels, 
catering and restaurants declining to 24.2 %.  
 
Question:  
Further, what is The Gambia’s assessment of the effect of the tourism sector in overall economic 
growth and employment, and in particular in ot her economic sectors like construction, transport, 
computer services, education and professional training? 
 
Answer:   
The Gambia has not undertaken a comprehensive assess ment of the effect of the tourism sector on the 
economy.  Nonetheless tourism creates linkages w ith other sectors of the economy with a positive 
impact on economic growth and employment. Touris m contributes 16% of GDP and is a major source 
of foreign exchange.   
Question:
 
The increase of market forces may serve as a tool for enhancing the tourism sector. Would The 
Gambia inform about existing plans to promote th e tourism sector, and what measures the government 
is taking to ensure non-discrimina tion of Foreign Service suppliers? 
 
Answer:  
It is true that the increase of market forces is a tool for enhancing competition in the tourism sector. 
This is why the Gambia has an open door policy with regard to suppliers of foreign services.  
 
Question:  
Would The Gambia inform about plans for improvi ng professional education and training related to 
the tourism sector?    Answer: 
 
The country is aware of the problems of capacity w ithin the tourist industry and has thus created a 
hotel training institution that provides training for certain cadres of professionals, and plans are well 
advanced to even make it autonomous to attract prof essional staff to raise the level of certification. 
 
Question:  
Would The Gambia inform us about the existing legisl ation applicable to tour managers (professionals 
accompanying groups of tourists in their travel through the country) and tourist guides? Further, 
would The Gambia inform us about the plans th at the government is considering to reduce or 
eliminate discrimination of Foreign Service suppliers in these fields?  
Answer:  
For the first part of the question the answer will be provided in due course. However, for the second 
part we have already stated that there is no discrimination between Gamb ian and foreign service 
suppliers.  
 WT/TPR/M/127/Add.1 
Page 20  
 
Question:
 
Finally, it is important that tourism is carried out in a sustainable manner, in order to ensure that the 
very fundament for tourism itself is not eroded or disrupted.   What is the approach of the government of The Gamb ia to the regulation of tourism-related aspects of 
general interests such as environment, wildlife, ur ban planning and the promotion of local cultures, 
development of water supply and san itation services, and public security? 
 
Answer:
 
Government has adopted a national strategy for th e promotion of eco tourism which will address the 
issue of environment and sustainable use of na tural resources as these are essentially the very 
foundation upon which nature tourism is based. The strategy will also address the issues of supplies 
and support services such as water and sanitation ser vices within the established eco tourism facilities, 
and will encourage the maintenance of local customs and cultures.  
Canada 
Question:  
Canada notes that the Permanent Secretary of the Department of State for Communications, 
Information and Technology (DOSCIT), the teleco mmunications regulator, sits on the board of 
directors for GAMTEL.   Why does The Gambia organize its service provider a nd regulator in such a manner?  Additionally, 
does The Gambia have any intention to cr eate a completely independent regulator? 
Answer:
 
The Gambia organizes its service provider in such  a manner because GAMTEL as it is, is a public 
enterprise and therefore there is a need to ensure th at sector operations are consistent with government 
policy.   
There is an Act establishing an independent regulat ory agency, which will separate the functions of 
provider and regulator.  
Question:
 
Canada notes that The Gambia is currently work ing on a new telecommunications act and policy.   
 
Please provide an update on the development of th is new Act.  Does The Gambia foresee any major 
changes to GAMTEL’s position as the monopolist provider of fixed line telephone services?  
Answer:
 
The telecommunications policy has been finalized and the Act is in the drafting stage. The Gambia is 
committed to the opening of its fixed line telephone service to the private sector. 
 
Question:  
Further to the comment “Certain legislative changes need to be made to properly reflect Gambia’s 
liberal policy orientation and GATS commitments,” what timeframe does Gambia envisage for such 
legislative changes to be made? 
 
Answer:  
Response will be provided later. 
  WT/TPR/M/127/Add.1 
 Page 21 
 
 
Question:  
The Secretariat Report states that the GPA maintains a monopoly on all port services and that this 
contrasts with the more liberal stance set out in The Gambia’s GATS schedule.  The report suggests that private-sector entry would help to enhance the competitive position of the Banjul port.  With 
respect to pilotage and berthing services, naviga tion aid services, vessel salvage and refloating 
services, and other supporting services for water transport, like for port services, The Gambia’s GATS 
schedule of commitments lists no limitations for modes 1, 2 and 3.   Has the Government of The Gambia considered encouraging private sector involvement in these 
services?  The report indicates that for port services, no action has been taken to liberalize the market.  
Is the Government of The Gambia c onsidering a plan for privatization? 
 
Answer:
 
The Government encourages private sector involveme nt in the provision of port services. Under the 
privatization program government is committed to encouraging private sector involvement in port 
operations. The GPA is among the Track 1 enterprises slated for privatization after a thorough and 
comprehensive study has been carried out. 
 
Question:  
Canada is pleased that The Gambia has taken almost  full commitments for the sector of computer and 
related services.  However, Canada notes that The Gambia has left market access for mode 3 
unbound, except as indicated in the horizontal section.   
 Does The Gambia have any particular concerns that prevent it from taking full commitments for 
computer and related services in this mode?  Furthermore, does The Gambia have any intention to further liberalize this mode during the current round of negotiations?  Answer:
 
There is private participation under mode 3. Furthe r information will be provided on this issue later. 
 
Question:  
Canada notes that The Gambia has not ta ken commitments for the following services:  
a. telegraph services; 
b. private leased circuit services; 
c. electronic mail; 
d. voice mail; 
e. on-line information and database retrieval; 
f. electronic data interchange (EDI); 
g. enhanced/value-added facsimile services, incl . store and forward, store and retrieve; 
h. code and protocol  conversion; and 
i. on-line information and/or data pro cessing (including transaction processing). 
 Does The Gambia intend to liberalize any of these se rvices in the current negotiating round?  If not, 
could The Gambia please explain what concerns keep it from doing so? 
 
Answer:
 
These services are in the process of being liberalized. 
 
 
Question:  
Canada notes that The Gambia has not committe d to the additional commitments of the WTO 
Reference Paper for basic telecommunications.   WT/TPR/M/127/Add.1 
Page 22  
 
Does The Gambia intend to take on those add itional commitments in the current round of 
negotiations?  Are there any specific parts of the Refe rence Paper that make it particularly difficult for 
The Gambia to take on those commitments?  
Answer:
 
The answer to this will be provided later. 
 
Question:  
The Secretariat report takes note of the diamond tr ade to Europe. Our understanding is that Gambia 
has no local diamond production.  
 
What is the likely origin of these diamonds? Does  Gambia plan to join the Kimberley Process on 
certification of traded rough diamonds? 
 
Answer:  
The Gambia is a Transit Point for both import and export of diamonds from the Africa region and 
plans are underway to join the Kimberley process.  United States 
Question:
 
We are told that tourism is expected to increase 20 percent annually for 10 years beginning in 2003.   
Given an estimate of 200,000 arrivals in 2003 (pag e 86, Secretariat Report). How does Gambia plan 
to foster this growth in tourism?  Answer:
 
Tourism is an important sector of the Gambian economy accounting for 16% of GDP. Tourism is also 
the second largest employer and the second largest contributor of foreign currency.  The Gambia intends to foster growth in the tourism sector by :  
1. Expanding and upgrading the tourism infrastructure, through inter alia the introduction of a 
 classification scheme for hotels. 2. Diversifying the source mark et to non-traditional sources; 
3. Intensifying the promotion of The Gambia as a year-round tourist destination. 
 
Question:
 
The Secretariat report takes note of the diamond tr ade to Europe. Our understanding is that Gambia 
has no local diamond production.   What is the likely origin of these diamonds? Does  Gambia plan to join the Kimberley Process on 
certification of traded rough diamonds? 
 
Answer:
 
The Gambia is a Transit Point for both import and export of diamonds from the Africa region and 
plans are underway to join the Kimberley process.  
Question:
 
The Gambia has undertaken comm itments under the GATS in twelve service sub-sectors.  We 
commend the Gambia for its initiative and complian ce, and hope that banking and other financial 
services will be added to the list in the future.  WT/TPR/M/127/Add.1 
 Page 23 
 
 
Would the representative of the Gambia describe the degree of implementation of GATS commitments?   
Answer:
 
The level of Gambia’s commitment in the GATS illustrates our commitment to the framework. We 
are continuing with the liberalization process a nd additional information will be provided in due 
course. 
 
COMMENTS FROM THE DISCUSSANT 
 
I. ECONOMIC ENVIRONMENT 
 
Question:  
With the Governance Policy framework and strategy  for Poverty alleviation and plans to revise 
revenue and tax collection, the Gambia has identif ied possible solutions to some of these problems. 
How quickly can these be implemented? How can the Government accelerate mainstream integration 
of trade into the PRSP? 
 
Answer:  
1. Not much has been done on mainstreaming tr ade in the PRSP. For The Gambia the  
integration or mainstreaming of trad e into our development plans is a hi gh priority if we are to attain  
the objectives of the PRSP. In this regard a coordi nation mechanism needs to be developed, and as  a 
starting point the current Macro-economic Committ ee and the Inter-Ministerial Committee are the  
institutional structures being used to integrate trad e into the PRSP. However, The Gambia would need 
technical assistance to be to do this more effectively. 
Already with assistance from World Bank, and other donor agencies implementation of the PRSP 
document has begun, but with funding for the most pa rt insufficient, and certain areas still requiring 
resources and for more effective implementation. The Gambia will require additional resources and  
technical assistance from our development partners. 
 
Question:  
What particular difficulties does the Gambia have  with implementing trade enhancing policies and 
fulfilling its commitments under the WTO Agreements? Where could targeted technical assistance 
help? (cf pages 27-30). 
 
Answer:  
In the short term, technical assistance co uld be targeted to the following areas: 
 a).         Implementation of the Customs Valuation Agreement; 
b). Review of Laws and regulations in orde r to be in compliance with WTO obligations 
in such areas as TRIPS Agreement,  
c). Standards and Technical requirements, including SPS; d). Trade Remedy Rules  
 
Question:
 
What might help better exploitation of existing pr eferences (in EU and USA)? Is Origin rules a 
problem?  
Answer:
 
Simplified Rules of Origin, Visa requirements under AGOA, non discrimination in the application of standards on imported vis a vis locally produced products. WT/TPR/M/127/Add.1 
Page 24  
 
II. TRADE POLICIES 
 Question:
 
Any plans for implementing Customs Valuation Agreement? 
 
Answer:  
This is one of the areas of very high priority fo r the Gambia. In addition, pleased see our responses to 
similar questions raised by Japan, EC, and US   
Question:
 
Can Technical Assistance help in reviewing ta riff structure (to remove negative escalation) and 
implementing changes?  
Answer:
 
Should the need arise, requests for technical assistance will be made.   
Question:
 
Anything Gambia can tell the Review Body about  progress on legislation on trade remedies, IPRs, 
SPS and standards?  
Answer:
 
Please see our responses to the similar questions ra ised by EC, US, Japan, and Hong Kong, China. 
 
__________