RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/7 
10 February 2004 
 (04-0525) 
Working Party on the 
Accession of Cape Verde Original:   English 
 
 
 
ACCESSION OF CAPE VERDE 
 
Questions and Replies  
 
 
 In a communication circulated in document WT/ACC/CPV/1 on 11 November 1999, the Government of the Republic of Cape Verde app lied for accession under Article XII of the Agreement 
Establishing the World Trade Organization (WTO).  
 The General Council established a Working Pa rty (WT/GC/M/57) on 17 July 2000 with the 
following terms of reference:  "To examine the a pplication of the Government of Cape Verde to 
accede to the World Trade Organization under Article  XII, and to submit to the General Council 
recommendations which may include a draft Protocol of Accession."   In document WT/ACC/CPV/3, Members were invite d to submit questions in writing concerning 
the foreign trade regime of Cape Verde.  The init ial questions submitted by Members and the replies 
thereto, provided by the au thorities of Cape Verde,  are reproduced hereunder. 
  
_______________ 
  WT/ACC/CPV/7 
 Page i 
 
 
 TABLE OF CONTENTS 
 
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE ......................................1  
2. Economic Policies.............................................................................................................. ........1  
(a) Main directions of the on going economic policies..................................................................1  
(b) Monetary and fiscal policies................................................................................................... ..2 
(c) Foreign exchange and payments system .................................................................................2  
(d) Foreign and domestic in vestment policies ..............................................................................3  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES ...........................................4  
5. Laws and Legal Acts............................................................................................................ .....4 
6. Description of judicial, arbitral or ad ministrative tribunals or procedures .......................4  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................5  
1. Import Regulation.............................................................................................................. .......5  
(a) Registration requirements for engaging in importing...........................................................5  
(b) Characteristics of national tariff ............................................................................................. 7 
(c) Tariff quotas, tariff exemptions............................................................................................... 8 
(d) Other duties and charges, specifying any charges for services rendered ............................9  
(f) Import licensing procedures ..................................................................................................17  
(h) Customs Valuation.............................................................................................................. ....22  
(i)  Other customs formalities ...................................................................................................... 22 
(k) Application of internal taxes on imports...............................................................................23  
(l) Rules of origin ................................................................................................................ .........24  
(m) Anti-dumping regime............................................................................................................ ..24 
(n) Countervailing duty regime ...................................................................................................24  
(o) Safeguard regime ............................................................................................................... .....24  
2. Export Regulation.............................................................................................................. .....24  
(f) Export financing, subsidy and promotion policies...............................................................24  
(h) Import duty drawback schemes ............................................................................................26  
3. Internal policies affecting foreign trade in goods.................................................................26  
(a) Industrial policy, including subsidy policies.........................................................................26  
(f) Free zones ..................................................................................................................... ...........27  
(h) Trade-related environmental policies ...................................................................................28  
5. Policies affecting foreign trade in other sectors ...................................................................28  
(b) Policies affecting foreign trad e in other major sectors........................................................28  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................28  
1. General........................................................................................................................ .............28  WT/ACC/CPV/7 
Page ii  
 
 2.
 Substantive standards of protection......................................................................................29  
(a) Copyright and related rights..................................................................................................2 9 
(b) Trademarks ..................................................................................................................... ........33  
(c) Geographical indications....................................................................................................... .36 
(d) Industrial designs............................................................................................................. .......40  
(e) Patents........................................................................................................................ ..............41  
(g) Layout designs of integrated circuits ....................................................................................46  
(h) Requirements on undisclosed information ...........................................................................46  
4. Enforcement .................................................................................................................... ........48  
(d) Any special border measures .................................................................................................50  
(e) Criminal procedures............................................................................................................ ...51 
6. Statistical data on applications for gran ts of intellectual property rights, as well 
as any statistical data on their enforcement .........................................................................52  
VI. TRADE-RELATED SE RVICES REGIME .........................................................................54  
2. Policies affecting trade in services .........................................................................................54  
(f) Provisions relating to international transfers and payments for current 
transactions of services....................................................................................................... ....54  
VII. INSTITUTIONAL BASE FOR TRAD E AND ECONOMIC RELATIONS 
WITH THIRD COUNTRIES ................................................................................................54  
2. Economic integration, customs union  and free-trade area agreements.............................54  
 
  WT/ACC/CPV/7 
 Page 1 
 
 
 II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 
2. Economic Policies (a) Main directions of the ongoing economic policies 
- Pricing Policies
 
Question 1 
WT/ACC/CPV/3 states that Cape Verde uses price controls.  Please describe the nature of the 
control, (e.g., price ceiling, profit ceiling, indicati ve price band, etc.); the point of control, (e.g., 
upon importation, wholesale, retail, etc.); and list the products covered, (e.g., in a table).  Please 
relate the products to HS tariff ca tegories/line items if possible.   
Answer:  
Cape Verde uses price controls only on a small num ber of staple food products; specifically, corn, 
common rice, sugar, wheat, wheat flour, fuel (bottled) water and energy. 
Price control on these goods is affected by subjecting the products to the different price regimes in 
Cape Verde:  free-prices, fixed prices, maximum prices and conventioned prices (Decree-Law No. 1/99 of 1 February – revised
1), by joint ministerial ordinance of the Government 
Member responsible for Commerce and the sector pertaining to the product. 
Thus, corn, rice and sugar, wheat and wheat flour, are subject to a maximum price regime; fuels, 
(bottled) water and energy, telecommunications ser vices, are subject to the fixed price regime; 
medications and health products, air and sea transpor tation are subject to a conventioned (negotiated) 
price regime. 
Note:  The price of goods and services are freely formed by the market mechanism, through supply 
and demand. 
Price controls are performed at the wholesale and retail levels.  The Law established a 10 per cent 
margin for the wholesaler and 15 per cent for the retailers. 
Question 2 
How did the previous monopoly on the importatio n of corn, rice, sugar, and wheat grains work?  
Were state trading enterprises used?  Did the government designate certain firms to conduct the 
trade?  Do any such arrangements, with th e exception of wheat flour which WT/ACC/CPV/3 
states will be liberalized in 2004, remain in place? 
Answer:  
Previously, the monopoly in the importation of these products was carried out by the State through 
two state enterprises (public enterprises), EMPA and Moave, who did the internal redistribution either 
directly or through private operators. 
Yes, state trading enterprises were used. 
                                                      
1 Decree Law No. 52/2003 O.B. 39 of 24 November 2003. WT/ACC/CPV/7 
Page 2  
 
 Yes, the government designated certain firms to conduct the trade, as explained in WT/ACC/CPV/3. 
No. 
(b) Monetary and fiscal policies 
Question 3 Will the VAT be instituted on 1 January 2004 as planned?  Please confirm that the VAT and the 
Special Tax on Consumption (STC) will be the only  domestic taxes left applied to imports after 
implementation of the VAT in 2004. 
Answer:
 
The VAT will be implemented on 1 January 2004 as planned. The VAT and Special Tax on Consumption will be th e only domestic taxes applied to imports after 
the 1 January 2004 VAT implementation. 
(c) Foreign exchange and payments system 
Question 4 Please update the information on the exchange rate of the Cape Verdean Escudo (CVE). 
Answer:
 
As stated in WT/ACC/CPV/3, there is a fixed pa rity between the CVE and the Portugal Escudo, and 
thus consequently the Euro (€).  That fi xed rate of exchange is €1 to CVE 110.265. 
As of today, 11 December 2003, the exchange rate  between the CVE and the US$ is 89.97 (Bank of 
Cape Verde). 
Question 5 
Are there any other requirements or restrictions on securing foreign exchange or repatriating 
foreign exchange earnings than those listed in this section of WT/ACC/CPV/3? 
Answer:  
There are no requirements or restrictions on secu ring foreign exchange or repatriating foreign 
exchange earnings other than those listed in section II.2 (c).  
Question 6 
Is there any further information on Ca pe Verde's relations with the IMF? 
Answer:  
There is no further information on Cape Verde's relation to the IMF.  WT/ACC/CPV/7 
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 (d) Foreign and domestic investment policies 
Question 7 Please describe the procedures necessary to make  a direct foreign investment in Cape Verde. 
Answer:
 
All foreign or external investments are subject to previous authorization, following the provisions of 
Article 3 of Law 89/IV/932. 
Applications for the foreign investment shall cont ain two forms that can be obtained from The Centre 
for Tourism and Export Promotion of Cape Verd e (PROMEX), free of charge.  The stamped and 
sealed copies by the Investor (in triplicate duly completed and signed), should be addressed to the 
Minister of Finance.  Planning and Regional Development, together with the following: 
- Copy of the identification card of each investor; 
- Investor's Curriculum Vitae and bank statement of deposit of capital; 
- Location where the project shall be implemented; and 
- Specific viability study of the impact ont o the environment, in specific cases. 
The Minister's final decision shall be notified to th e investor within 30 days, counting from the date of 
submission to PROMEX.  In cases where PROM EX requests additional information from the 
investor, the 30 day period is suspended until th e petitioner supplies PROMEX with the requested 
information. 
Upon granting the authorization, the Minister of Fi nance, Planning and Regional Development issues 
a Certificate of External Investment that PROMEX se nds to the investor or his legal representative.  
The certificate shall be declared null and void if i nvestment operation does not occur with the specific 
deadline. 
The start-up or reopening of business is subject to inspection by competent authorities. 
Question 8 
Please confirm the legislative basis of the "new fo reign investment authority referred to in this 
section, noting changes from that of the original  Foreign Investment Law (No. 89/IV/93) and the 
Industrial Statute (Decree Law No. 108/89) 
Answer:  
The Foreign Investment Law, Law No. 89/IV/933) and the Industrial Statute (Decree Law No. 08/894) 
are still the operative legislative bases in the foreign investment area.  PROMEX was created in the 
early 1990s and continues to be the foreign investment authority. 
The phrase "new investment policy" in the Memora ndum was meant to connote a change in policy 
from previous times.  There is no "new fore ign investment authority" in Cape Verde. 
                                                      
2 Please see document WT/ACC/CPV/7/Add.1. 
3 Please see document WT/ACC/CPV/7/Add.1. 
4 Please see document WT/ACC/CPV/7/Add.1. WT/ACC/CPV/7 
Page 4  
 
 III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES 
5. Laws and Legal Acts Question 9 WT/ACC/CPV/3 states that all Laws and legal ac ts are published in Cape Verde's Official 
Bulletin.  Please indicate where the Official Bulletin may be accessed, and whether it is available 
electronically, and if not, are there any plans to make it available electronically. 
Answer:
 
All Laws, regulations, diplomas and legal acts are requi red to be published in the Official Bulletin, or 
they will become non-applicable.  This principle is  set out in Article 264 of the Constitution of Cape 
Verde. 
The Official Bulletin is on sale to the public. In a ddition, the Official Bulletin is available at the 
National Archives and the National Library. 
The Official Bulletin is not available electronically at  this time.  It is foreseen that an electronic 
edition will be available as soon as the National Press enterprise (which manages the Official 
Bulletin) can implement the necessary technical adaptations required. 
6. Description of judicial, arbitral or administrative tribunals or procedures 
Question 10 Please give the legal basis for and a short descript ion of the right of administrative appeal of 
decisions taken by customs or other CV official s that affect trade in goods and services or 
intellectual property rights (IPR). 
Answer:
 
In the ambit of the trade in go ods and services the contested decisi ons proffered by the Customs or 
other official entities can be appealed on a contested  basis, either to the Customs' Fiscal Tribunal 
(Article 3, Legislative Decree No. 69/93, O.B. No. 47 of 13 December 1993) or Common Courts (Article 67. Legislative Decree No. 9/95 of 27 October 1995) 
Question 11 Please describe the method by which administrative  rulings may be appealed to a court or other 
independent tribunal, as required by Article X of the GATT 1994. 
Answer:
 
An aggrieved party may appeal an administrative de cision to a court by preparing and filing a written 
document (no specific or required form) outlining his/ her disagreement with the administrative ruling, 
attaching a copy of the decision/ruling, and specify ing his/her reasons why the decision is erroneous 
and providing rationale for the correctness of his/her position.  WT/ACC/CPV/7 
 Page 5 
 
 
 Question 12 
It is stated that "there is currently no arbitration or mediation Law in Cape Verde, although a 
Draft Law is being prepared."  Please provide an  update on legislative progress related to this 
Law, and outline the basic aspects of the draft legislation. 
Answer:  
At the present time, there is no arbitration Law. However, some bilateral international agreements 
signed by Cape Verde, and the Foreign Investment Law (Law No. 89/IV/935, O.B. 47/93) in 
Article 17 and following, establish an arbitration me chanism to resolve differences between the State 
and an investor. 
Cape Verde will prepare a General Legislative Action Plan listing Laws and regulations that should be 
drafted or amended to conform to WTO requirement s.  The General Legislative Action Plan will be 
submitted to the WTO in January 2004.  A Law on Arbitration will be listed in the Action Plan, 
including a proposed timetable for enactment and implementation. 
Question 13 
It is stated "there is currently no arbitration or mediation Law in Cape Verde, although a Draft 
Law is being prepared."  Please provide an update  on legislative progress related to this Law, 
and outline the basic aspects of the draft legislat ion.   How would this prospective Law affect 
current operations of the right to appeal administrative rulings to a court or other independent tribunal for decisions taken by the Government of Cape Verde  in matters affecting trade in 
goods or services or IPR. 
Answer:
 
The prospective Law referred to in this question is  the arbitration or mediation Law.  As a general 
rule, arbitration and mediation apply to contr actual matters or written specifications and/or 
documents, and provides for "binding arbitration" on specifics. 
It is not envisaged that the prospective arbitration or mediation Law will impact on the right to appeal 
administrative rulings to a court or independent tribunal on matters affecting trade in goods or 
services, or intellectual property rights. 
IV. POLICIES AFFECTING TRADE IN GOODS 
1. Import Regulation (a) Registration requirements for engaging in importing Question 14 What forms of corporate association, e.g., sole  proprietor, branch, subsidiary, joint venture, 
limited partnership, corporation, etc., is it possible to register in Cape Verde? 
                                                     
 
5 Please see document WT/ACC/CPV/7/Add.1 WT/ACC/CPV/7 
Page 6  
 
 Answer:
 
The following legal, judicial, in-country operating companies are: 
- Public Corporation; 
- Partnership; 
- Capital Stock Corporation; 
- Limited Liability; 
- Cooperative; and 
- Sole Proprietorship (Can operate as a stock company or a company with capital by 
quotas).  
Question 15 
Please describe how the Chamber of Commerce operates the registration system, its mandate 
and whether it can refuse registration.  Has the Government retained any role in this process? 
Answer:  
Neither the Government of Cape Verde nor the chambers of Commerce of Cape use an import 
licensing system.  
Any interested party may apply to the Chamber of Commerce to become a Commercial Operator.  
The requisites to grant the authorization are estab lished in the Decree Law No. 50/2003 published in 
O.B. No. 39 of 24 November – Article 31 and follo wing.   If the conditions established by Law are 
not fulfilled the Chamber of Commerce may deny a licence. 
The Government has the power to establish ge neral guidelines and oversee the activities of the 
Chamber of Commerce. 
Question 16 Please explain how the exemption for importatio n of consumption goods for social, cultural, 
recreation, sports, and non-profit institutions  is applied.  What goods are considered 
consumption goods?   
Answer:
 
Exemptions for imports of consumption goods ar e with the competence of the General Customs 
Directorate (DGA).  The Law (Law that protects the arts and sciences - O.B. No. 27/99, first Series of 
20/08/99 and the State Budget for each year) typifi es the entities and the cases during which the latter 
benefit from exemptions, by express request and by approval by the DGA. 
All goods that are not raw materials, semi-fini shed products or equipments are considered 
"consumption goods."   
Question 17 May non-profit organizations exempted from corporate registration in Cape Verde offer 
imported goods for resale in Cape Verde?  WT/ACC/CPV/7 
 Page 7 
 
 
 Answer:  
Yes 
Question 18 
Is the importation of all live animals, seeds, plants, pesticide fertilizers, reagents and other 
laboratory materials exempt from  registration requirements?   
Who determines "interest to the development of agriculture, forestry and livestock"? Answer:
 
No. All animal, seeds, plants, pes ticide fertilizers, reagents and other laboratory materials are not 
exempt from registration requirements.  
Production factors imported by the government, for use by the Ministry of Environment, Agriculture 
and Fisheries are exempt from registration and exempt from customs duties. 
However, production factors imported by private op erators are subject to normal import registration 
procedures, and subject to normal processing by Customs (i.e. payment of Customs duties and Customs clearance). 
The Government of Cape Verde determines policy fo r this sector through the General Directorate of 
Agriculture, Forestry and Livestock, Ministry of Environment, Agriculture and Fisheries. 
Question 19 
Are the importers of these articles private sect or or government/government-owned entities? 
Answer:
 
Importers of articles listed in Question 18 above are either private sector or government related 
entities. 
Question 20 Are "imports of materials for government use" only for government's own consumption or are 
they further distributed? 
Answer:
 
Such materials are for the government's own consumption and not further distributed. 
(b) Characteristics of national tariff Question 21 Are the percentages in Table 7 of document WT/ACC/CPV/3 developed as a ratio of import 
duties collected to the value of imported goods? 
Answer:
 
Yes, Table 7 is a ratio of import duties collected to the value of imported goods. WT/ACC/CPV/7 
Page 8  
 
 (c) Tariff quotas, tariff exemptions 
Question 22 How does Cape Verde encourage national economi c activities such as agriculture, fishing, 
industry, tourism, transport, communication, a nd facilitate the creation of port and airport 
infrastructures? 
Answer:
 
Government encouragement of econom ic activities in the domains of agriculture and fishing is done 
through technical and financial support/assistance (access to credit), information regarding the 
introduction of new technologies, tr aining and supply of equipment. 
Regarding transportation, the Government of Cape  Verde encourages development in this area by 
liberalizing the market, thus providing free access by  private operators to the maritime, air or land 
transportation activities provided the operator complies with legal requisites. 
Maritime transportation industry – Enterprises engage d in maritime transport activity are exempt from 
taxes on profits for five years, starting from the beginning of the activity.  The Government is counting on modernization and quality of service in the domestic lines (regularity of schedule, 
security, and speed). 
Road transportation – Considering the importance of the tourism sector, incentive are provided so that 
existing public transportation opera tors of light passenger automobiles may upgrade and renew their 
fleet of vehicles. Thus, the import of light passenger automobiles (those denominated as tourism automobiles) destined exclusively for use in rental service (with driver included) is exempt from 
consumption taxes. The licence holders that provide car rental services with driver included, and those 
that rent collective passenger transportation servi ce are exempt from duties and consumption taxes in 
the importation of equipment utilized in  their respective areas of services. 
Urban passenger transportation enterprises are exem pt from customs duties, consumption taxes and 
general emoluments in the importa tion of new, duly equipped buses. 
Air transportation - Air transportation companies, co ncessionaires of public   services, concessionaires 
that explore airports and aerodromes and the enterp rises authorized to render assistance to aircrafts, 
are entitled to the following benefits: 
- Exemption of the stamp tax for acts or contract s executed in which they are signatories or 
participants, for a period of five years, st arting from the date the concession contract to 
provide public air transportation service is si gned, or the public air transportation service 
statute is awarded; 
- Exemption from tax on revenue (IUR) for a period of seven years, starting from the date 
the public air transportation service concession contract is signed or the public air transportation service statute is awarded; and 
- Exemption from paying taxes on interest on the obligations emitted by the 
concessionaires of the public air transportation service, for the duration of the concession; 
- Exemption from payment of duties, consump tion taxes and general emoluments in the 
importation of some merchandise. 
Concerning sea and airport infrastructures, the Government, in partnership with the national 
enterprises ENAPOR and ASA, has been investing in works, conservation and improvement of the  WT/ACC/CPV/7 
 Page 9 
 
 
 infrastructures and installations, in port security proj ects, in equipment and in actions aimed at the 
modernization of the ports and airports so as to make them more profitabl e and more attractive. 
A privatisation process for port operations as well as the national air transporters is underway, and is 
open to foreign investors. 
Communications sector – Several measures are being implemented to promote the development of the 
telecommunication services network with highlight  for the New Information and Communications 
Technologies, namely large scale access to the in ternet, development of rural telecommunication 
projects, complete digitalisation of the fixed (har d wire) network, expansi on of the cellular telephone 
network, management and control of the spectrum, and modernization of the postal service. 
(d) Other duties and charges, specify ing any charges for services rendered 
Question 23 
The text indicates that imports are subject to a 1.04 per cent fee on CIF value (Ministerial 
Ordinance No. 71/78 and No. 27/79.  Such  ad valorem  fees (1.04 per cent) for service are not 
WTO compliant, what plan does Cape Verde have to remedy this? 
Answer:  
As soon as possible, the General Customs Direct orate (DGA) will perform a study of actual costs 
incurred by Customs in providing services. Results of this study will provide guidance to the 
government as to the amount of the "users" or service fee to be charged. Notification of the results of 
the study will be given to the WTO and to the Working Party. 
Question 24 
Besides the duties and an ad valorem fee, what "other charges" may apply after VAT is 
implemented? 
Answer:  
Only the Special Consumption Tax. 
Question 25 
Please list which services are taxed whenever they are executed in Cape Verde, by nationals or 
by foreign citizens. 
Answer:  
All services in Cape Verde will be subject to the VAT (IVA) tax unless specifically exempted by the 
VAT Law.  Article 8 of the VAT Law lists the operations exempt from VAT. 
Article 8 
(Domestic operations exempt from VAT) 
The transmission of goods and rendering of services, at  a domestic level, are subject to exemption, 
whenever such exemption is justified by technical reasons or social and economic policies, namely the 
following: WT/ACC/CPV/7 
Page 10  
 
 - The transmissions of goods and performance of services rendered in the ambit of 
agriculture, forestry, livestock or fishing activities; 
- The performance of services and the transm issions of goods connected to them, 
concerning medical and sanitary activities, teaching and professional training, child, youth or old age protection, social security and assistance, usually performed by public 
entities or non lucrative agencies and collective persons under public Law; 
- Pre-school and basic education activities,  secondary school, technical-professional, 
medium-higher education activities at a private level; 
- Non lucrative agencies managing institutes or  organizations providing services on sports, 
recreation and physical education a nd those who practice these activities; 
- Transmission of goods and services provided by Public entities and collective persons 
under public Law or non lucrative agencies,  exercising activities relating to the 
Organization of congresses, colloquia, conferences, seminars, courses and similar manifestations, of scientific, cultural,  educational or technical nature; 
- Activities performed by show-business prof essionals in theatrical activities, 
choreography, music, circus, sports and ot her, film production, disc editing, and sound 
and image support; 
- Transmission of Post office sale of stamps in  circulation or of stamped values and the 
respective sales commissions; 
- Transmission of goods and services provided by public postal services, except for the 
telecommunications; 
- Transmission of copy-write and authorizati on to use intellectual work, according to the 
Law No. 101/III/90 of 29 December, Intellectual Property Law, when done by the authors themselves, their heirs or legal representatives; 
- Transmission done by the authors themselves, their heirs or legal representatives of art 
objects of their own, according to the conditions and limitations fixed in the IVA 
regulation; 
- Transmission of newspapers, ma gazines and books, considered of a cultural, educational, 
technical or re-creative nature; 
- Transmission of staff by religious or philoso phical institutions to provide exempt or 
religious activities; 
- The rendering of civic services provided  by  non  lucrative  agencies to the benefit of 
their members, if these agencies exercise political, syndical, religious, humanitarian, 
patriotic, philanthropic, re-creative, sporti ng, cultural and civic activities or representing 
economic interests being the sole counterpart a quota fixed by the respective statutes; 
- Transmission of goods and services performed by entities whose habitual activities are 
exempt, when occasional demonstrations are performed to collect funds for their 
exclusive benefit, as often per year as allowe d in the VAT regulation, provided that the 
exemption does not cause distortion towards competition; 
- Exploration of gambling and their commissions, under public Law;   
- Transmission of staple products (to be defined by the VAT  Regulation); 
- Transmission of medications, including those for veterinarian purposes as well as 
pharmaceutical specialties and products excl usively for therapeutic or prophylactic 
purposes; 
-
 Transmission of goods of equipment, seeds, reproduction species, fertilizers, pesticides, 
herbicides, fungicides and similar, as well as nets, hooks and other fishing apparatus, 
according to taxes to be described on the VAT Regulation; 
- Banking and financial operations, insurance a nd reinsurance operations and the services 
performed by brokers and insurance commission agents; 
- The transmissions of real properties subject  to Single Tax on Patrimony according to the 
respective Regulation; 
- The real property rental not including commercial, industrial and services activities;  WT/ACC/CPV/7 
 Page 11 
 
 
 - Services performed by funeral and cremation enterprises, and the transmissions of goods 
related with these services;  
- Public garbage removal services; 
- Transmission of goods relating exclusively to exempt activities and which did not benefit 
from the right to deduction; and 
- Non-commercial public radio and television activities. 
To accomplish with the preceding dispositions, the con cept of non lucrative agency will be defined  in 
the VTA regulation. 
The VTA regulation will include situations wher e the exemption renunciati on will be allowed and 
establish conditions according to which such renunciation may be accepted. 
Article 9 
(International commerce ac tivities exempt from VAT) 
- Export of goods and related operations are exempt from VAT; 
- Import of goods whose transmission, in country, is exempt from VAT and those goods 
that benefit from direct customs duties exemption are exempt from VAT; 
- Operations relative to goods and services that are introduced or kept in exempt zones or 
that benefit from suspense customs regimes, a nd for as long as they remain therein, on the 
condition that they are not destined for final utilization or consumption, are also exempt 
from VAT; and 
- Operations executed in the ambit of inte rnational treaties and accords of which the 
Republic of Cape Verde is a party, are exempt from VAT, according to the terms 
mentioned in these treaties and accords, in th e conditions and proceedings established in 
the VAT Regulation. 
Article 10 
(Tax Territoriality) 
The transmission of goods available to the purch aser in national territory or which were sent or 
transported to the purchaser originally from there, being the transmissions performed in the same local 
or not by the importer and eventual subsequent transmissions of goods transported or sent from 
abroad when the referred transmissions were execut ed before the import was made, is considered to 
be in the national territory.  
The localization where the services are carried out is in general, in national territory, according to the 
main office, stable establishment or being the su pplier resident, independently of the criteria of 
execution or utilization when the economy of the taxa tion and the rules of national sovereignty justify 
it.  
Article 11 
(Taxable Base) 
VAT's taxable base, in domestic operations, is formed  by the counterpart required or to be required, 
with special rules or not, when the nature of the operation or the interests of taxation so determine. 
The taxable basis concerning imports is the value paid , or to be paid, by the importer, under the terms 
of the customs legislation and adjustments resulting from the tax nature.  WT/ACC/CPV/7 
Page 12  
 
 Question 26 
Please clarify the process of soliciting an exempt ion from VAT.  Are such exemptions open to 
foreign citizens and nationals alike?   
Answer:
 
By Decree Law No. 22/2003 published in O.B. No. 21 of 14 July 2003 the VAT exemption request 
system was established, which consists in f illing a form with specifications, called MOD 108, 
annexed to the Law being delivered to the Finance Department (General Dir ectorate of Contributions 
and Taxation), according to Articl es 1, 2 and 4 of the cited DL. 
The exemptions also apply to foreign nationals.  
Question 27 
Please provide the complete list of 25 ex emptions allowed under Cape Verde Law. 
Answer:  
Exemptions from VAT follow: 
Goods subject to complete ex emption or right to deduction  
 Article Description Heading 
1. Food Products – No. 28 of Article 9 
1.1 Meat and edible meat offal, from the following  Tariff headings:  
1.1.1 of bovine animals, fresh, chilled,  frozen,  0201.10.00 to 0202.30.00 
1.1.2 of swine, fresh, chilled, frozen,  0203.11.00 to 0203.29.00 
1.1.3 of sheep and goats, fresh, chilled, frozen,  0204.10.00 to 0204.50.00 
1.1.4 of poultry (roosters, chickens, ducks, geese, turkeys, guineas, 
domestic species) 0207.11.00 to 0207.36.00 
1.1.5  pig fat free of lean meat, and poultry fat, not rendered or otherwise 
extracted fresh chilled frozen salted in brine dried or smoked 0209.00.00 
1.1.6 Meat and edible meat offal, salted, in brine, from swine and bovine 
animals 0210.11.00 to 0210.20.00 
1.2 Fish from the following Tariff headings:  
1.2.1- from the following fish, fresh, frozen  or chilled, excluding fish 
fillets, livers, roes and semen 0302.31.00 to 0302.39.00 
1.2.1.1  Tunas and Bonito 0303.41.00 to 0303.49.00 
1.2.1.3- Mackerel (Scomber scombrus, Scomber australasicus,   0302.64.00 
 Scomber japonicus) 0303.74.00 
1.2.2. -  Smoked fish, whether or not in fillets, excluding Pacific and Danube 
salmon 0305.42.00, 0305.49.00 
1.2.3 Fish, dried, whether or not salted but not smoked, excluding cod 0305.59.00 
1.2.4 Fish, salted but not dried or smoked, and fish in brine, excluding cod, 
and anchovies 0305.61.00, 0305.69.00 
1.3 Milk and dairy products and eggs from the following tariff headings:  
1.3.1 Milk and cream, not concentrated nor containing added sugar or 
other sweetening matter, in powder, granules or other solid forms 0401.10.00 to 0401.30.00 
1.3.2 Milk and cream, concentrated or containing added sugar of other 
sweetening matter 0402.10.10 to 0402.99.00  WT/ACC/CPV/7 
 Page 13 
 
 
  Article Description Heading 
1.3.3 Butter milk and curdled milk and cream, yogurt, kephir and other 
fermented or acidified milk and cr eam, whether or not concentrated 
or containing added sugar or other sweetening matter, or flavoured or 
containing added fruits or cocoa 0403.10.10, 0403.10.20, 
0403.10.30, 0403.10.90, 0403.90.00 
1.3.4 Butter and other fats derived from milk 0405.10.10 to 0405.90.10 
1.3.5 Cheese and curd 0406.10.10 to 0406.90.10 
1.3.6 Birds eggs, in shell, fresh, preserved or cooked, excluding eggs for 
hatching 0407.00.00.90 
1.4 Vegetables from the following tariff headings:  
1.4.1 Potatoes, fresh or chilled, excluding seed  0701.90.00 
1.4.2 Tomatoes, fresh or chilled  0702.00.00 
1.4.3 Onions and shallots, garlic, l eeks and other alliaceous vegetables 
fresh or chilled 0703.10.00 to 0703.90.00 
1.4.4 Cabbages, cauliflower, kohlrabi,  kale and similar edible brassicas, 
fresh or chilled 0705.11.00 to 0705.29.00 
1.4.5 Lettuce and chicory, fresh or chilled  0705.11.00 to 0705.29.00 
1.4.6 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar 
edible roots, fresh or chilled. 0706.10.00 to 0706.90.00 
1.4.7 Cucumbers including gherkins, fresh or chilled.  0707.00.00 
1.4.8 Leguminous vegetables, shelled or unshelle d, fresh or chilled 0708 .10.00 to 0708.90.00 
1.4.9 Dried leguminous vegetables, shelled, whether or not skinned or 
split, excluding yellow peas. 0713.10.00 to 0713.90.00 
1.4.10 Cassava (manioc) 0714.10.00 
 sweet potatoes  0714.20.00 
 Yams 0714.90.10 
1.5 Fruits  
1.5.1 Fresh Bananas  0803.00.10  
  0803.00.20 
1.5.2 Guavas mangoes and mangosteens, fresh or dried  0804.50.10, 0804.50.90 
1.5.3 Citrus fruit, fresh or dried  0805.10.00 to 0805.90.00 
1.5.4 Grapes, fresh 0806.10.00 
1.5.5 Melons, watermelons and papayas (papaws) fresh.  0807.11.00 to 0807.20.00 
1.5.6 Apples, pears and quinces, fresh  0808.10.00, 0808.20.00 
1.5.7 Apricots, cherries, peaches, (including nectarines), plums and sloes, 
fresh 0809.10.00 to 0809.40.00 
1.5.8 Other fruit, fresh   
 Strawberries  0810.10.00 
 Raspberries, blackberries, mulberries  and loganberries  0810.20.00 
 Black, white or red currant, in cluding the "cassis" 0810.30.00 
 Cranberries, blueberries and other fruits  0810.40.00 
 Kiwis 0810.50.00 
 Other fruit 0810.90.00 
1.6 Cereals from the following tariff headings   
1.6.1 Wheat  1001.90.00 
1.6.2 Corn (maize), excluding seed and popcorn 1005.90.00 
1.6.3 Rice 1006.10.90 to 1006.40.00 
1.6.4 Cane or beet sugar and chemically pure sucrose, in solid form 1701.11.00 to 1701.99.90 
1.6.5 Ordinary bread 1905.90.00.91 
1.7 Fat or oil  from the following tariff headings:  
1.7.1 Pig fat (including lard) 1501.00.00 
1.7.2 Soybean oil and its fractions, whether or not refined, but not 
chemically modified, excluding crude oil 1507.90.00 
1.7.3 Peanut oil and its fractions, whether or not refined, but not  1508.90.10 
 chemically modified, excl uding crude oil 1508.90.90 WT/ACC/CPV/7 
Page 14  
 
  Article Description Heading 
1.7.4 Olive oil and its fractions, whether or not refine, but not chemically 
modified:  Virgin; other, packed fo r retail in pack containers of less 
than 5 litres. 1509.10.00 to 1509.90.90 
1.7.5 Sunflower-seed oil or safflower and its fractions whether or not 
refined but not chemically mo dified, excluding crude oil. 1512.19.00 
1.7.6 Margarine, excluding liquid margarine  1517.10.00 
2. Goods from No. 15 of Article 9 
2.1 Printed books, brochures, leaflets and similar printed matter, whether 
or not in single sheets 4901.10.00 to 4901.99.90 
2.2 Newspapers, journals and periodicals, whether or not  4902.10.00  
 illustrated containing advertising material 4902.90.00 
2.3 Children's picture, drawing or colouring books 4903.00.00 
2.4 Music, printed or in manuscript, whet her or not bound or illustrated 4904.00.00 
2.5 Maps and hydrographic or similar charts of all kinds, including 
atlases, wall maps, topographical plans and globes printed 4905.10.00 to 4905.99.00 
3, Goods from No. 29 of Article 9 
3.1 Medicaments, including those for veterinary use, as well as patents 
and other pharmaceutical products fo r therapeutic or prophylactic 
uses 3001.10.00 to 3006.60.00 
4. Goods from Nos. 32 and 33 of Article 9  
4.1 Eggs for hatching 0407.00.00 
4.2 Seed potatoes  0701.10.00 
4.3 Corn seed  1005.10.00 
4.4 Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, 
in growth or in flower, chicory plants and roots 0601.10.00, 0601.20.00 
4.5 Other live plants (including their roots), cuttings and slips, 
mushroom spawn 0602.10.00 to 0602.90.00 
4.6 Cereal straw and husks, unprepared, whether or not chopped ground, 
pressed or in the form of pellets 1213.00.00 
4.7 Rutabagas (swedes), mangolds, fodder roots, hay, alfalfa (lucerne) 
clover, sainfoin, forage kale, lupines, vetches and similar forage 
products, whether or not in the form of pellets  1214.10.00, 1214.90.00 
4.8 Vegetable materials and vegetable waste, vegetable residues and by-
products, whether or not in the form of pellets, of a kind used in animal feeding Preparations of a kind used in an imal feeding, 
excluding dog and cat food 2308.10.00, 2308.90.00 
2309.90.10, 2309.90.90 
4.9 Mineral or chemical fertilizer s  3101.00.00 to 3105.90.00 
4.10 Insecticides,  fungicides, herb icides, anti-sprouting products and 
plant growth regulators 3808.10.10 to 3808.30.00 
4.11 spades, shovels, mattocks, picks,  hoes, forks and rakes: axes, bill 
hooks and similar hewing tools; secateurs 8201.10.00 to 8201.90.00 
 and pruners and other hand tools of a kind used for agriculture and 
horticulture or forestry 
4.12 Liquid elevators   
8413.82.00 
4.13 Agricultural, horticultural or forestry machinery for soil preparation 
or cultivation; Lawn or sports ground rollers  8432.10.00 to 8432.90.00 
4.14 Harvesting or threshing machinery including straw or fodder balers;  8433.11.00 to 8433.59.00 
 Grass or hay mowers; 8433.90.00 
4.15 Poultry incubators and brooders 8436.21.00 
4.16 Tractors 8701.10.00 to 8701.90.00 
4.17 Live animals -  horses, asses, mules and hinnies, bovine, swine, 
sheep and goats, chickens, ducks, geese, turkeys and guineas of domestic species. 0101.11.00 to 0105.99.00 
2. Goods from No. 15 of Article  9  WT/ACC/CPV/7 
 Page 15 
 
 
  Article Description Heading 
2.1 Printed books, brochures, leaflets and similar printed matter, whether 
or not in single sheets 4901.10.00 to 4901.99.90 
2.2 Newspapers, journals and periodicals, whether or not illustrated 
containing advertising material 4902.10.00, 4902.90.00  
2.3 Children's picture, drawing or colouring books 4903.00.00 
2.4 Music, printed or in manuscript, whet her or not bound or illustrated 4904.00.00 
2.5 Maps and hydrographic or similar charts of all kinds, including 
atlases, wall maps, topographical plans and globes printed 4905.10.00 to 4905.99.00 
3. Goods from No. 29 of Article 9 
3.1 Medicaments, including those for veterinary use, as well as patents 
and other pharmaceutical products fo r therapeutic or prophylactic 
uses 3001.10.00 to 3006.60.00 
4. Goods from No. 32 and 33 of Article 9  
4.1 Eggs for hatching 0407.00.00 
4.2 Seed potatoes  0701.10.00 
4.3 Corn seed  1005.10.00 
4.4 Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, 
in growth or in flower, chicory plants and roots 0601.10.00, 0601.20.00 
4.5 Other live plants (including their roots), cuttings and slips, 
mushroom spawn 0602.10.00 to 0602.90.00 
4.6 Cereal straw and husks, unprepared, whether or not chopped ground, 
pressed or in the form of pellets 1213.00.00 
4.7 Rutabagas (swedes), mangolds, fodder roots, hay, alfalfa (lucerne) 
clover, sainfoin, forage kale, lupines, vetches and similar forage 
products, whether or not in the form of pellets  1214.10.00, 1214.90.00 
4.8 Vegetable materials and vegetable waste, vegetable residues and 
byproducts, whether or not in the form of pellets, of a kind used in 
animal feeding.  Preparations of a kind used in animal feeding, 
excluding dog and cat food 2308.10.00, 2308.90.00 
2309.90.10, 2309.90.90 
4.9 Mineral or chemical fertilizer s  3101.00.00 to 3105.90.00 
4.10 Insecticides,  fungicides, herb icides, anti-sprouting products and 
plant growth regulators 3808.10.10 to 3808.30.00 
4.11 spades, shovels, mattocks, picks,  hoes, forks and rakes: axes, bill 
hooks and similar hewi ng tools; secateurs a nd pruners and other 
hand tools of a kind used for agricu lture and horticulture or forestry. 8201.10.00, 8201.90.00 
4.12 Liquid elevators  8413.82.00 
4.13 Agricultural, horticultural or forestry machinery for soil preparation 
or cultivation; Lawn or sports ground rollers 8432.10.00 to 8432.90.00 
4.14 Harvesting or threshing machinery including straw or fodder 8433.11.00 to 
 balers;  
grass or hay mowers; 8433.59.00 
8433.90.00 
4.15 Poultry incubators and brooders 8436.21.00 
4.16 Tractors 8701.10.00 to 8701.90.00 
4.17 Live animals -  horses, asses, mules and hinnies, bovine, swine, 
sheep and goats, chickens, ducks, geese, turkeys and guineas of 
domestic species.  0101.11.00, 0105.99.00 
 
Question 28 
Are viewing of motion pictures subject to th e VAT?  What "staple products" are exempted? WT/ACC/CPV/7 
Page 16  
 
 Answer:
 
The viewing of motion pictures in a theatre would be subject to VAT (IVA). All staple products are exempt from VAT. 
Question 29 
What sort of public enterprises and non-profit agencies are covered? 
Answer:
 
This question pertains to VAT exempt operations , contained in Article 17 of Article 9 of VAT 
Regulation. – Law No. 21/IV/2003. 
In effect, all services provided by n on-profit organizations are also exempt from this tax, as long as 
they have objectives that the Law specifically d escribes as being of a political, labour-union, religious, 
patriotic, humanitarian, philanthropic , recreational, sporting, cultural , environmental and civic nature, 
or representative of economic interest. 
Question 30 
Does the VAT taxable base on impo rts include duties and other fees  applied to a product when 
it is brought into the country?   
Answer:  
Yes, the VAT taxable base on imports includes duties and other applicable fees. 
Question 31 
Please explain why Cape Verde charges on automo biles is considered a tax rather than a tariff, 
as it is only applied to imports (i.e., Cape Verde doesn't produce automobiles).  What other 
products will be subject to the special tax on consumption? 
Answer:  
The principal reason for this surtax is to discourag e the import of very old automobiles, considering 
the supplementary expenditures (more fuel, spare part s, maintenance, etc.)  the Country will incur by 
importing them, and for the pollution index their circulation represents. 
Other products with special taxes such as alcoholic beverages, precious and semiprecious stones, etc., 
are all discriminated in Annex 1 to the Regulati on on Special Consumption Taxes (ICE) – Article 3 
Law No. 22/IV/2003, O.B. No. 21 of 14 July 2003. 
A list of products subject to the special tax on c onsumption will be made available at the first 
Working Party meeting.  WT/ACC/CPV/7 
 Page 17 
 
 
 (f) Import licensing procedures 
Question 32 WT/ACC/CPV/3 provides information as to how co mmercial enterprises, industrial enterprises 
and tourism enterprises can become importers.   It does not discuss the actual process for 
obtaining an import licence and what products are subject to licensing.   
Answer:
 
No product is subject to an import licence.  There are, however, products subject to a speci al import regime: weapons  and munitions (state 
security); fuels and lubricants (Shell and Enacol) ; tobacco (Cape Verdean Tobacco Company) and 
chemical-pharmaceutical products (Emprofac – P ublic Enterprise).  These products are imported 
under an exclusive regime by the entities/enterprises referred to above. 
The duly licensed and registered operators in the respective sections/classes of products do not require 
a licence to import or to export.  The import a nd export operations are, however, subject to prior 
registration at the General Directorate of Commerce (DGC) and in the General Customs Directorate (DGA) respectively, exclusively for statistical purposes. 
The necessary procedures and documentation to request a licence (prior authorization) are defined in 
Decree-Law No. 5/99
6 of 1 February 1999. 
The industrial enterprises registered in the industr ial roster import merchandise (raw materials and 
equipment for their exclusive use) with prior aut horization from the General Directorate of Industry 
and Energy (DGIE).  The enterprises must submit their list of materials to be imported based on 
projects previously approved by the DGIE. 
Imports by tourism enterprises (raw materials and e quipment for their exclusive use) require prior 
authorisation from the General Directorate of Tourism Development (DGDT) and Commerce (DGC).  The enterprises must submit their list of materials to  be imported for the appr oval of the two general 
directorates, based on projects previously approved by the DGDT. 
Question 33 
Why do all importers and exporters need govern ment permission, i.e., a licence, to conduct 
trade?  Why must importers have a minimum op erating capital of CVE 5,000,000?  Please 
indicate the current value of that requirement in US$ and €. 
Answer:
 
The principle is that of free exercise of commercial activity – Articles 3 and 4 of the Law that defines 
the juridical regime of the commerce sector, DL No. 50/2003, O.B. No. 39 of 24 November 2003.  
However, to better frame and regulate the action of the commercial operators it is required that the 
interested parties obtain permission by simple a pplication to exercise the function, as well as to 
control their activities before the fiscal entities. 
Importers must have a minimum operating capita l to guarantee the importer's solvency.  
                                                      
6 Please see document WT/ACC/CPV/7/Add.1 WT/ACC/CPV/7 
Page 18  
 
 As of 12 November 2003, CVE R/E  89.97 = US$1.   Thus CVE 5,000,000 = US$55,574. 
As of 12 November 2003, CVE 110.265 = €1.  Thus, CVE 5,000,000 = €45,345. 
Question 34 
We recommend that Cape Verde submit an impo rt licensing notification to the WTO under 
Article 1.4 of the Agreement on Import Li censing Procedures and the annual questionnaire 
under Article 7.3 of the agreement.  We are particularly interested in knowing what products 
are subject to import licensing and whether ea ch is subject to automatic or non-automatic 
licensing, the rules and procedures for the submissi on of applications, including the eligibility of 
persons, firms and institution to make such ap plications, the administrative body/ies to be 
approached and the required time to obtain a licence after the submission of an application.  It 
may be appropriate for Cape Verde to quickly outline this in this document. 
Answer:
 
As stated many times in the answ ers to these questions, Cape Verde does not use an import licence 
system. 
Therefore, notification to the WTO under Article 1.4 of the Agreement on Import Licensing 
Procedures and the annual questionnaire under Article  7.3 of the Agreement are neither necessary nor 
required. 
Question 35 
Please provide all of the steps for applying for an  import licence.  Please include all necessary 
documentation, HS numbers for products subject to  licensing, all government entities that must 
be approached and all required fees.  Cape Verde is  also reminded that all fees associated with 
import licensing must be for services rendered and cannot be ad valorem.  
Answer:  
See answer to Question 32.  Cape Verde does not issue import licenses. 
Question 36 
How long does it take for licenses to be approv ed or denied?  Cape Verde is reminded that 
import licence applications must be processed  within a maximum of 10 days for automatic 
licensing and 30 days for non-automatic licensing. 
Answer:  
Maximum of 30 days. 
Question 37 
Please completely list with HS code th e staple food products affected by 
Decree-Law No. 29/2002.  WT/ACC/CPV/7 
 Page 19 
 
 
 Answer:  
- Corn - HS 10 05; 
- Rice - HS 10 06; and 
- Sugar - HS 17 01. 
Question 38 
Please completely list with HS code the products subject to international trade restrictions listed 
in document WT/ACC/CPV/3. 
Answer:  
Description HS Number 
Weapons 9301; 9302; 9303; 9307 
Munitions 9306.10 
Precious Metals:  
Gold 7108.00  
Silver 7106.00  
Platinum 7110.00  
Iridium 7110.41 and 7110.49 
Osmium 7110.41 and 7110.49 
Paladium 7110.21 and 7110.29 
Radium 7110.31 and 7110.39 
Retenium 7110.41 and 7110.49 
Tobacco 2401; 2402; 2403. 
Radioactive Products 2844.10; 2844.20; 2844.30; 
2844.40 and 1844.50 
Nuclear Material 8401. 00  
Chemical Radioactiv e Elements and Radioactive Is otopes:  2844.10; 2844.20; 2844.30; 
2844.40 and 2844.50 
Collections and specimens for zoology, bot any, mineralogy, anatomy collections, or 
collections of a hist oric, acheologic, pale ontologic, etnograpgicor numismatic interest: 9705. 00  
Antiquities with more than 100 years. 9706. 00 6 
 
Question 39 
Please define "physical enterprise", a requireme nt for commercial enterprises seeking an 
import licence. 
Answer:  
The term "physical enterprise" does not  exist in the Law.  It is an error in the information supplied. 
Question 40 Since "adequate warehouse" is a requirement for an import licence please note any restrictions 
non-nationals may face to leasing/buying the requisite space.  
Answer:
 
There are no restrictions that non-nationals face when leasing or buying adequate warehouse space.  WT/ACC/CPV/7 
Page 20  
 
 Question 41 
Under Registration for Industrial Enterprises,  please clarify the following qualifications: 
"approval of the industrial facility by an inspection" and "all updated information concerning the project."  
Answer:
 
Article 21 of the Industrial statute requires "Approval of  the industrial facility by an inspection".  The 
site inspection includes verification of security, hygiene conditions and the fulfilment of required 
technical rules. Inspections are performed (1) prior to the industrial faciliti es start-up phase; (2) when 
industrial facilities are substantia lly expanded or renovated; (3) i ndustrial facilities are moved to 
another location; and (4) industrial facilities are reopened after more than one year of cessation of 
operations. 
"All updated information concerning the project" is pr ovided for in Article 15 of the Industrial Statute 
and requires updating of informa tion annually.  Registered companies will provide updated 
application form to the Industrial Register, until 31  January of each year.  Also, registration may be 
updated by request from the company whenever there is any change on its content.  
Question 42 WT/ACC/CPV/3 states that Industrial Operators and Tourism Operators may not import other 
than for their own operations.  May they seek a Commercial Enterprises licence in addition to their own licenses, to expand their commercial operations? 
Answer:
 
Yes. Question 43 WT/ACC/CPV/3 states that the Chamber of Commerce provides the commercial enterprise 
licence, i.e., the licence to import or to export.   
What Law authorizes this?  What other special rights and privileges does the Chamber of 
Commerce have?   
Is the Chamber open to all econo mic operators in Cape Verde? 
Answer:
 
Through Decree-Law 50/2003 published in O.B. No . 39 of 24 November 2003 – Article 30-2, the 
government was qualified to delegate competence to  the Chamber of Commerce to authorize licenses 
for commercial operators. 
That delegation of competence was established th rough a protocol published in Series II of O.B. 
No. 1/2000 of 3 January 2003. 
The Chamber of Commerce operates in the following areas: 
- Commerce; 
- Tourism;  WT/ACC/CPV/7 
 Page 21 
 
 
 - Civil Construction; 
- Services; 
- Finance; and 
- Industry. 
Question 44 
How much is the licence fee and the licence renewal fee? 
- Please clarify specifically how does the nature of the sections contained in the licence 
affect the fee charged; and 
- This would appear to constitute a separate charge on international trade.  In what 
way is it related to the cost of services?  Is such a fee charged on domestic 
enterprises? 
Answer:  
License granting or annual renewal fees were fixed by Ordinance No. 31/867 of 6 September 1986 
published in Official Bulletin No. 37 of 6 September 1986, and they are as follows: 
- Importer - CVE 10,000; 
- Exporter - CVE 5,000; and 
- Wholesaler - CVE 10,000. 
Retailers and similars: 
- With up to two employees - CVE 3,000; 
- With from three to five employees - CVE 5,000; 
- With more than five employees - CVE 7,000; 
- Commercial Agent - CVE 10,000; and 
- Trader - CVE 4,000. 
This is a tax foreseen for whoever wants to qualif y as a commercial operator and it is a requisite for 
all who want to operate in Cape Verde.  The re quirements are the same for nationals and foreign 
citizens.  See answer to Question 33. 
Question 45 Please clarify that separate import and export licenses are required for trade in precious and 
semi stones and the protection of human, animal or plant health or life.   
Answer:
 
The Law establishes generically a requirement for a licence to exercise the commercial activity.  It 
does not distinguish between the various types of co mmercial activities, in conformity with Article 15 
and table annex of Decree Law No. 50/2003. 
                                                      
7 Please see document WT/ACC/CPV/7/Add.1. WT/ACC/CPV/7 
Page 22  
 
 (h) Customs Valuation 
Question 46 We take note of the request for five years to revise legislation and reform Cape Verde's customs 
valuation regime.  We look forward to reviewing an action plan that lays out why five years is necessary to bring Cape Verde's regime in this area into conformity with WTO provisions, and 
with specific reference to the elimination of ref erence and minimum taxable prices for imported 
goods. 
Answer:
 
As stated in previous answers, Cape Verde is in the process of drafting a new Customs Code. The 
draft Customs Code will incorporate the required principles and language of the Customs Valuation 
Agreement. An Action Plan on the Customs Valuat ion Agreement will be prepared and submitted to 
the WTO in January 2004.  The Action Plan will set fo rth a five year timetable and steps to be taken 
in fully implementing the Customs Valuation Agreement. 
Question 47 
Please list all goods subject to use of a reference or minimum taxable price for the valuation of 
imported goods, by HS number 
Answer:  
Cape Verde uses a reference or minimum value pri ce only for chickens, in the indicated Harmonized 
System numbers: 
- 0207.11 - Not cut in pieces, fresh or chilled; 
- 0207.12 - Not cut in pieces, frozen; 
- 0207.13 - Cuts and offal, fresh or chilled; and 
- 0207.14 - Cuts and offal, frozen. 
(i)  Other customs formalities 
Question 48 Please describe in more detail the legal provision s for tariff and tax exemptions "directed at 
encouraging economic activities in specific pro ductive sectors," as noted in WT/ACC/CPV/3. 
Answer:
 
Basically, the Foreign Investment Law – Articles 12 and 13 of Law No. 89/IV/938) establishes fiscal 
and customs measures with a view to encourage economic activities authorized under the Law.  It 
applies in any sector of ec onomic activity – Article 2. 
Law No. 92/IV/939 establishes the export and re-export ope rations of goods and services granting 
fiscal and customs incentives – Articles 6 and 7. 
                                                      
8 Please see document WT/ACC/CPV/7/Add.1. 
9 Please see document WT/ACC/CPV/7/Add.1.  WT/ACC/CPV/7 
 Page 23 
 
 
 Specifically, the Industrial Statute grants customs an d fiscal incentives in industrial activities, namely 
exemption relative to industrial contributions a nd complementary tax, under the terms of Articles 34 
and 41 of Decree Law No.108/8910 of 30 December 1989. 
Law No. 42/IV/9211 pertaining to Tourist Utility also gr ants fiscal and customs incentives to 
proprietary or exploring enterprises of undertakings declared to be of tourism utilities – Articles 8 and 
9.  
Question 49 
Do such enterprises "related to produce and trade in goods a nd services exclusively for export" 
receive benefits from the designation as a "franc enterprise?"  If so, please outline these benefits, e.g., tax and/or tariff exemptions. 
Answer:
 
Please see answers to Questions 48 and 57. Law No. 99/IV/93
12 of 31 December 1993 includes fiscal (t axes) and customs exemptions.  Such 
fiscal and customs exemptions are outlined and listed on page 32 of WT/ACC/CVP/3. 
Question 50 
Please confirm that a minimum of 85 per cent of the output of these firms must be exported.  
Please confirm that the up to 15 per cent of production that a franc enterprise may "sell in the local market" remains duty and tax free.  Plea se confirm that goods subject to "temporary 
admission" are free of customs duties or taxes and must be exported. 
Answer:
 
Yes, 85 per cent of the output must be exported. 
Fifteen per cent of production of a franc enterprise ma y be sold in the local market.  However, such 
products when sold in the local market are subject to duty and taxes. 
Goods subject to the "temporary admission" regime are free of customs duty and must be exported. 
(k) Application of internal taxes on imports 
Question 51 
There are ten taxes listed in this section.  Will all of them be eliminated upon implementation of 
the VAT?  If not, which will be retained (Note:  the text says "eight basic internal taxes 
applicable to imports" will be eliminated.  End note) 
Answer:  
All of the internal taxes applicable to imports will be eliminated upon implementation of the VAT 
except the special tax on consumption. 
                                                      
10 Please see document WT/ACC/CPV/7/Add.1. 
11 Please see document WT/ACC/CPV/7/Add.1. 
12 Please see document WT/ACC/CPV/7/Add.1. WT/ACC/CPV/7 
Page 24  
 
 (l) Rules of origin 
Question 52 Please confirm that the new Customs Law will cont ain provisions that will comply fully with the 
WTO Agreement on Rules of Origin, and that the requirements of Article 2(h) and Annex II, paragraph 3(d) of the Agreement, which require provision upon request of an assessment of the 
origin of the import and outline the terms under which it will be provided, will be included in 
the text. 
Answer:
 
A General Legislative Action Plan will be prepar ed and submitted to the WTO in January 2004. 
Included in the list of Laws to be created or amended will be a Customs Code of Cape Verde. 
The Customs Code will contain provisions concerning "r ules of origin" that will be consistent with the 
WTO Agreement on Rules of Origin. 
(m) Anti-dumping regime 
(n) Countervailing duty regime (o) Safeguard regime 
Question 53 
Please provide the complete legislation for Cape  Verde's anti dumping, countervailing duty, and 
safeguards regimes.   Are any relevant provision s provided in the Cape Verde's Customs Law?  
Answer:
 
As noted in WT/ACC/CPV/3, the Laws concerning trade remedy measures were dated before 
independence.  Since 1975, no cases under these Laws have  been filed or investigated.  The Laws are 
obsolete and have fallen into disuse. 
The safeguards measure mentioned in the Memorandum  is not a Law but rather a specific situation 
dealing with imported chickens, frozen and chilled,  whole or pieces.  The provision cited is not a 
safeguard measures Law. 
As mentioned in answers to Questions 46, 52 and 143, Cape Verde is drafting a Customs Code.  The 
customs Code will be included in the General Legisl ative Action Plan to be submitted to the WTO in 
early 2004. 
2. Export Regulation 
(f) Export financing, subsidy and promotion policies Question 54 Please provide the complete legislation of Law No. 92/IV/93 of 15 December 1993, which 
regulates several of Cape Verde's incentive program mes for the exportation or re-exportation of 
goods and services.    WT/ACC/CPV/7 
 Page 25 
 
 
 Please also describe the measures and explain how these provisions are consistent with the 
WTO Agreement on Subsidies and Countervailing Measures. 
Answer:  
Please see document WT/ACC/CPV/7/Add.1. The measures fall into two general categories: 
- Fiscal incentives; and  
- Customs incentives. 
Fiscal incentives are basically a five year reductio n in contributions and taxes on profits.  This 
five year period may be prolonged year by year to a maximum of ten years. 
Customs incentives are: 
- Duty exemptions on raw materials, finish ed and semi-finished components and other 
materials that are incorporated or u tilized in the production of export goods; 
- Fuels and lubrication, except gasoline, used in the production of electricity or water 
necessary to fabricate products for export; 
- Exporters that directly import merchandise destined for re-export, as well as raw 
materials, finished and semi-finished products  (with the exception of gasoline), and other 
materials destined to be inco rporated or used in the production of export goods, may do 
so through a suspension customs regime; and 
- Duties, consumption taxes, general custom s emoluments and other customs impositions 
charged in the import of goods referred to in the previous paragraphs that have been 
exported, incorporated in the products or used  in rendering export services , are restituted, 
if the restitution is requested within 120 da ys, from the date of export or re-export. 
All of the above described customs incentives are types of duty drawback.  Duty drawback is 
consistent with the WTO Agreement on Subsid ies and Countervailing Measures so long as the 
amount of drawback refunded or exempted does not exceed the amount of customs duty paid, or 
should have been paid.  Annex I (i ) and Annex III of the Agreement. 
As to "fiscal incentives", it should be noted that  Cape Verde permits up to 15 per cent of goods 
produced in the export zone to be sold into the dom estic market.  Also the total volume of Cape Verde 
exports in 2001 amounted to only US$9.7 million (See page 8 section II, paragraph 3 of the of 
document WT/ACC/CPV/3. 
Question 55 
We believe that Cape Verde has a number of programmes that condition benefits on export 
performance or use of local content, both prohib ited subsidies.  We would like a comprehensive 
list of such measures in effect and information on their likely duration. 
Answer:
 
First, there are no local contents in Cape Verde Law. WT/ACC/CPV/7 
Page 26  
 
 And second, Laws that contain programmes vis-à-vis  export performance were listed and described in 
document (WT/ACC/CPV/3).  They are Law No. 92/IV/93
13 of 15 December 1993 and Law 
No. 99/IV/9314 of 31 December 1993. 
(h) Import duty drawback schemes 
Question 56 
Please provide the complete legislation of Decre e Law No. 32115 of 7 July 1942, which regulates 
Cape Verde's import duty drawback system.   
Please also explain how these provisions are co nsistent with the WTO Subsidies Agreement. 
Answer:  
Decree Law No. 32115 of 7 July 1942 is obsolete and no longer used.  This Law was not translated, as 
it is obsolete and not used. 
The rebate of duty drawback is not a WTO subsidy.   However, excess rebate of duty drawback is non-
permissible under the WTO Subsidies Ag reement, and would be a subsidy. 
Cape Verde have never rebated duty drawback  in an amount in excess of what was paid. 
3. Internal policies affecting foreign trade in goods 
(a) Industrial policy, including subsidy policies 
Question 57 Please provide more information, along with legi slative background, regarding exemptions of 
duties, consumption taxes and general customs emoluments on the import of construction 
materials, machinery, equipment, instruments a nd utensils, cargo material and transportation 
for properly registered enterprises.  In partic ular, please explain how enterprises qualify to 
receive these incentives (i.e., how does a company b ecome properly registered in Cape Verde?). 
Answer:
 
Free enterprises benefit from in centives under Law No. 99/IV/9315 of 31 December 1993.  Page 32 of 
document WT/ACC/CPV/3 sets forth the fiscal and customs incentives. 
In order to be designated or registered as a free en terprise, the entity must apply to the Ministry of 
Finance, Planning and Regional Development, provi ding data as specified at the bottom of page 32 
and top of page 33 of WT/ACC/CPV/3.  PROM EX issues a certificate of free enterprise upon 
approval of the project, and in accordan ce with Annex 2 of Law No. 99/IV/9316  
                                                      
13 Please see document WT/ACC/CPV/7/Add.1. 
14 Please see document WT/ACC/CPV/7/Add.1. 
15 Please see document WT/ACC/CPV/7/Add.1. 
16 Please see document WT/ACC/CPV/7/Add.1  WT/ACC/CPV/7 
 Page 27 
 
 
 Question 58 
Please provide the complete legislation of Decree-Law No. 108/89 of 30 December, O.B. No. 52, 
first series of 30 December 1989, which regulates th e provision of tax exemptions on revenue for 
the first three years of an industrial enterprise's existence. 
Answer:  
Please see document WT/ACC/CPV/7/Add.1 
(f) Free zones 
Question 59 What is the relationship of these programmes with "franc enterprises?" 
Answer:
 
When the Memorandum was prepared in March 2003, the terms "franc enterprises" and "free 
enterprises" were not clearly defined.. 
In retrospect, Franc (free) En terprises should have been a separate section of document 
WT/ACC/CPV/3 and not under IV.3.(f). 
Law No. 99/IV/9317 of 31 December 1993 is entitled Franc Ente rprise Law.  Article 2.2 states that 
"All enterprises, producing or trading goods and ser vices, solely for export or sale to other free 
enterprises installed in Cape Verde, can  apply for the free enterprise status. 
Question 60 
From the description in WT/ACC/CPV/3, it appears that Cape Verde provides fiscal and 
customs incentives for firms that may locate there that condition benefits on export 
performance or use of local content, both prohib ited subsidies.  We would like a comprehensive 
list of such measures in effect and information on their likely duration. 
Answer:  
See answer to Question 55 
Question 61 
Please provide the complete legislation of La w No. 83/V/98 of 21 December, which regulates the 
establishment of commercial free zones. 
Answer:  
Please see document WT/ACC/CPV/7/Add.1 
                                                      
17 Please see document WT/ACC/CPV/7/Add.1 WT/ACC/CPV/7 
Page 28  
 
 (h) Trade-related environmental policies 
Question 62 We seek a commitment that if/when the producti on of non-biodegradable materials should 
commence in Cape Verde, this will be noted by Cape Verde and the taxation of such products 
will commence promptly. 
Answer:
 
If and when production of non-biodegradable mate rials should commence in Cape Verde, the 
Government of Cape Verde commits itself to the taxa tion of such products in an amount equivalent to 
that applied to imported non-biodegradable materials. 
5. Policies affecting foreign trade in other sectors 
(b) Policies affecting foreign trade in other major sectors 
Question 63 Please provide more information, along with the legislative background, regarding fiscal 
incentives provided to the footwear and fisheries industries.   
Answer:
 
The answer in WT/ACC/CVP/3 on "fiscal incentives " is a bit misleading and perhaps erroneous. 
The footwear and fisheries industries benefit fro m the normal incentives offered under the Foreign 
Investment Law (Law No. 89/V/98 of 21 Decemb er), and the free enterprise (Law No. 99/IV/9318 of 
31 December 1993). 
Question 64 
We look forward to review of Cape Verde's WT /ACC/4 document.  Is this likely to occur very 
soon? 
Answer:  
WT/ACC/4 has been drafted and is under review by th e Government of Cape Verde.  It is envisaged 
that WT/ACC/4 will be forwarded to the WTO no later than December 2003. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
1. General 
Question 65 WT/ACC/CPV/3 states that the Government of Cape Verde is in the initial stages of 
promulgating its own Law on industrial property a nd is preparing a draft text.  Please provide 
a copy of the text for our review, and a time table for completion of the Draft Law and its 
promulgation.  
                                                     
 
18 Please see document WT/ACC/CPV/7/Add.1  WT/ACC/CPV/7 
 Page 29 
 
 
 Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 66 
Please describe, in relation to each form of  intellectual property covered by the TRIPS 
Agreement, including plant variety protection, th e manner in which nation treatment and most 
favoured nation treatment are provided to nati onals of other WTO Members and cite to the 
relevant provisions of Law.  In WT/ACC/CPV/3, Section V, Trade -Related Intellectual 
Property Regime (1) Copyright and Related Rights , there was a light explanation given to MFN 
provision for copyright but more detailed inform ation is necessary for copyright and all forms 
of intellectual property. 
Answer:  
Cape Verde's Copyrights Law was enacted in 1990.  Cape Verde adhered to the Berne Convention in 
1993. Consequently, some provisions of the Copyrights Law may be inconsistent with Article 9 of the 
TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004.  The Action Plan will include those aspects of the Copyrights 
Law that should be amended. 
2. Substantive standards of protection (a) Copyright and related rights Question 67 Please explain whether and how the copyright Law of  Cape Verde complies with Article 9 of the 
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne 
Convention (1971), except Article 6 bis, since Members do not have rights or obligations relating 
to the latter Article under the TRIPS Agreement. 
Answer:
 
Cape Verde's Copyrights Law was enacted in 1990. Cape Verde adhe red to the Berne Convention in 
1993. Consequently, some provisions of the Copyrights Law may be inconsistent with Article 9 of the 
TRIPS Agreement. WT/ACC/CPV/7 
Page 30  
 
 An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004. The Action Pl an will include those aspects of the Copyrights 
Law that should be amended. 
Question 68 
Please explain how the copyright Law of Cape Verde protects computer programmes as literary 
works and complications of data as required  by Article 10 of the TRIPS Agreement. 
Answer:
 
Cape Verde's Copyrights Law was enacted in 1990.  Cape Verde adhered to the Berne Convention in 
1993. Consequently, some provisions of the Copyrights Law may be inconsistent with Article 9 of the 
TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004.  The Action Plan will include those aspects of the Copyrights 
Law that should be amended. 
Thus, Cape Verde's Copyrights Law conforms  to Article 10 of the TRIPS Agreement. 
Question 69 
Article 11 of the TRIPS Agreement requires that  rental rights for computer programmes and 
cinematographic works be available.  Please cite to the corresponding provision of the copyright 
Law of Cape Verde. 
Answer:  
Cape Verde's Copyrights Law was enacted in 1990. Cape Verde adhe red to the Berne Convention in 
1993.  Consequently, some provisions of the Copyri ghts Law may be inconsistent with Article 9 of 
the TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004. The Action Pl an will include those aspects of the Copyrights 
Law that should be amended. 
Question 70 
Please state the length and terms of protection the copyright Law of Cape Verde provides for a 
work other than a photographic work or a work of applied art and cite to the relevant provision of Law. 
Answer:
 
Cape Verde's Copyrights Law was enacted in 1990.  Cape Verde adhered to the Berne Convention in 
1993.  Consequently, some provisions of the Copyri ghts Law may be inconsistent with Article 9 of 
the TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004. The Action Pl an will include those aspects of the Copyrights 
Law that should be amended.  WT/ACC/CPV/7 
 Page 31 
 
 
 Question 71 
Please describe the protection the copyright La w of Cape Verde provides for performers, and 
the term of the protection. 
Answer:  
Cape Verde's Copyrights Law was enacted in 1990. Cape Verde adhe red to the Berne Convention in 
1993. Consequently, some provisions of the Copyrights Law may be inconsistent with Article 9 of the 
TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004. The Action Pl an will include those aspects of the Copyrights 
Law that should be amended. 
Question 72 Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the 
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright Law of Cape Verde implements these obligations and indicate the 
term of protection. 
Answer:
 
Cape Verde's Copyrights Law was enacted in 1990.  Cape Verde adhered to the Berne Convention in 
1993.  Consequently, some provisions of the Copyright s Law may be inconsistent with provisions of 
the TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004. The Action Pl an will include those aspects of the Copyrights 
Law that should be amended. 
Question 73 
As Cape Verde amends its copyright Law as a part of WTO accession, does it also intend to 
ratify and implement the WIPO Copyright T reaty and WIPO Performances and Phonograms 
Treaty? 
Answer:  
No. 
Question 74 
How does Cape Verde's copyright Law protect databases that by reason of the selection or 
arrangement  of their contents constitute intellectual creations? WT/ACC/CPV/7 
Page 32  
 
 Answer:
 
Cape Verde's Copyrights Law was enacted in 1990. Cape Verde adhe red to the Berne Convention in 
1993. Consequently, some provisions of the Copyrights  Law may be inconsistent  with provisions of 
the TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004.  The Action Plan will include those aspects of the Copyrights 
Law that should be amended. 
Question 75 
Are computer programmes protected as literary works? 
Answer:  
Yes, see answer to Question 68 above. 
Question 76 
Please explain the unlimited copyright term for folkloric parodies under Cape Verdean Law 
and how these works enter the public domain. 
Answer:  
Yes, see answer to Question 71 above. 
Question 77 
Please clarify whether temporary copies implicate the right of reproduction under Cape Verde's 
copyright Law. 
Answer:  
Ministry of Culture must provide a response to this question. Question 78 Please explain how the compulsory licenses provide d in Articles 34, 49 comport with Article 13 
of the TRIPS Agreement. 
Answer:
 
Cape Verde's Copyrights Law was enacted in 1990. Cape Verde adhe red to the Berne Convention in 
1993. Consequently, some provisions of the Copyrights  Law may be inconsistent  with provisions of 
the TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004.  The Action Plan will include those aspects of the Copyrights 
Law that should be amended. 
Question 79 
Does Cape Verde provide national t reatment for related rights owners?  WT/ACC/CPV/7 
 Page 33 
 
 
 Answer:   
Cape Verde's Copyrights Law was enacted in 1990. Cape Verde adhe red to the Berne Convention in 
1993. Consequently, some provisions of the Copyrights  Law may be inconsistent  with provisions of 
the TRIPS Agreement. 
An Action Plan applicable to Cape Verde's Intellect ual Property Regime is being prepared and will be 
submitted to the WTO in January 2004.  The Action Plan will include those aspects of the Copyrights 
Law that should be amended. 
(b) Trademarks 
Question 80 Please describe the subject matter that can co mprise a trademark under the trademark Law of 
Cape Verde.  
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 81 
Please describe the procedure that must be followed to register a trademark in Cape Verde, 
citing the relevant provisions of the Law, and d escribe the rights that the owner of a registered 
mark can exercise.  In WT/ACC/CPV/3, Section V.2.(b), there was some light discussion but 
additional information is necessary. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. WT/ACC/CPV/7 
Page 34  
 
 Question 82 
Please provide the length and terms of protect ion the trademark Law of Cape Verde provides 
for a trademark.   
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 83 
In determining whether a mark is well-known, do  the relevant authorities in Cape Verde take 
into account the knowledge of the trademark in the relevant sector of the public, including knowledge obtained as a result of promotio n of the trademark, as required under TRIPs 
Article 16(2)?  Please cite any relevant Laws, regulations and judicial decisions.  In WT/ACC/CPV/3, Section V.2.(b), it is noted that  for all trademark registrations, a notice shall 
be published in the Industrial Property Bulletin, ho wever, we need more information pertaining 
specifically to well-known marks. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 84 
Please explain what constitutes eligible subject matter for a trademark, such as words including 
personal names, letters, numerals, sounds, scents, th ree-dimensional figures, figurative elements 
and combinations of colours as well as any combination of such signs.  WT/ACC/CPV/7 
 Page 35 
 
 
 Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 85 
How will well-known marks be protected?  Speci fically, how will the provisions of the Paris 
Convention Article 6 bis and TRIPS Article 16, which require unregistered well-known marks to 
be protected against uses that are likely to be confused with the well-known mark, be 
incorporated into Law?  Th rough unfair competition Law? 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 86 
Does the Law provide an opportunity for interested  parties to oppose the trademark application 
or to petition for the cancellati on of the trademark registration? 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. WT/ACC/CPV/7 
Page 36  
 
 A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Regarding criminal sanctions, the infractor is punished  with a prison term of up to two years and fine 
of up to 240 days, according to Article 300 of the draft IP Statute. 
The Praia District Court is competent to judge any acts that affect a person's industrial property rights. 
In the event of damages with losses to others for untoward use of a mark, fines may further be applied 
to the infractor that go from CVE 600,000 up to CV E 6,000,000 when dealing with collective persons, 
and from CVE 50,000 to CVE 500,000 if dealing with singular persons. 
Question 87 
What are the civil and criminal penalties for wr ongful use of a trademark?  Who enforces any 
judgment related to the wrongful use of a trademark?  In cases of infringement, how are 
damages calculated? 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Civil and criminal penalties for wrongful use of a trademark will be covered in the new Draft Law. 
The District Courts in Cape Verde are competent to judge any act that affects a person's industrial 
property rights. 
Damages, in the cases of infringement, will be set  out in the new Industrial Property Law.  
(c) Geographical indications 
Question 88 Please describe in detail how the Laws of Cape  Verde will provide for the recognition and 
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, and 
when protection is expected to be in place.  In WT/ACC/CPV/3, Section V.2.(c), it is noted that 
geographical indications are not included in the Industrial Property Code.   WT/ACC/CPV/7 
 Page 37 
 
 
 Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 89 
Please describe in detail the manner in which th e additional protection required for wines and 
spirits under Article 23.1 of the TRIPS Agreemen t will be implemented, citing expected Laws 
and when protection is expected to be in place. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
Question 90 
Please provide copies of any Laws providing for the protection of geographical indications. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table is being elaborated and will be 
submitted to the WTO in January 2004. WT/ACC/CPV/7 
Page 38  
 
 Question 91 
In what way does the Law provide the legal means for interested parties to prevent the use of 
misleading geographical indications as required  under Article 22 of the TRIPS Agreement?  
Through a trademark system?  Through unfair comp etition Laws, through a suigeneris system?   
Through an administrative labelling system? Or a combination of such systems?   
In what way does Cape Verde provide the legal  means for interested parties to prevent 
misleading use of geographical indications, which constitutes an act of unfair competition within 
the meaning of Article 10 bis of the Paris Convention? 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 92 
How does the Law provide the legal means for int erested parties to prevent the use of false 
geographical indications used on wines and spirits, as required under Article 23 of the 
TRIPS Agreement?   
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 93 
What procedures are in place for the interested parties or owners of third-country geographical 
indications to prevent the use of foreign geographical indications?  WT/ACC/CPV/7 
 Page 39 
 
 
 Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 94 
In what way does the Law preserve the legal rights of trademark owners, consistent with 
Article 24(5) of the TRIPS Agreement? 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
The infractor shall additionally be punished criminally with a fine between CVE 500,00 and 
CVE 5,000,000, if dealing with a collective person and between CVE 40,000 and CVE 400,000 if 
dealing with a singular person, according to Article 308 of the IP Draft Law. 
The judicial courts, for the cases of penal sanc tions and administrative entities for the fines. 
Question 95 
What are the contemplated civil and criminal penalties for wrongful use of a geographical 
indication?   
Who will enforces any judgment related to the wr ongful use of a geographical indication?  In 
cases of infringement, how will damages be calculated? WT/ACC/CPV/7 
Page 40  
 
 Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
(d) Industrial designs 
Question 96 Please describe in greater detail the procedure th at must be followed to obtain protection for 
industrial designs, citing to the provisions of th e Law of Cape Verde, and describe the nature of 
the protection provided. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 97 
Please describe the procedure that must be follo wed to obtain protection for textile designs in 
Cape Verde and cite to the relevant provisions of Law or regulation. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in  WT/ACC/CPV/7 
 Page 41 
 
 
 October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
(e) Patents 
Question 98 
Please describe in greater detail the way in whic h the patent Law and/or the industrial property 
Law of Cape Verde implement Article 27 of th e TRIPS Agreement, indicating any exceptions 
provided for, and including details regarding  the protection for micro-organisms and non-
biological and microbiological processes and plant varieties.   
Please cite to the relevant provisions of the Law. Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 99 
Please describe in detail the rights provided patent holders under the patent Law and under the 
industrial property Law of Cape Verde and cite to the relevant provisions of Law. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. WT/ACC/CPV/7 
Page 42  
 
 It is envisaged that the new Industrial Property Law will include protection for micro-organisms and 
non-biological and microbiological processes and plant variety. 
Question 100 
Please describe in detail any provisions in the La ws of Cape Verde permitting unauthorized use 
of a patent, citing to the relevant provisions of Law, and describe in detail the conditions under 
which such use can occur.   
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 101 
What term of protection does the patent Law of  Cape Verde provide fo r patents?  Please 
describe any provisions for extension of the term of protection and cite to the relevant provisions of the Law. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 102 Please describe in detail whether the draft industrial property Law of Cape Verde provides 
protection for plant varieties, as required by Article 27.3(b) of the TRIPS Agreement?  
Please provide citations to those Laws  WT/ACC/CPV/7 
 Page 43 
 
 
 Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 103 
What provisions of Cape Verde's draft industria l property Law provide pa tent owners the right 
to prevent others from making, using, offering fo r sale, selling, or importing a patented product 
or from using a patented process or using, o ffering for sale, selling or importing a product 
produced directly using such process, as required by Article 28.1 of the TRIPS Agreement? 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 104 
Please describe the provisions of the draft indus trial property Law of Cape Verde that give 
patent owners the right to assign the rights in a patent, transfer the rights by succession, or licence them, as required by Article 28.2 of the TRIPS Agreement? 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in WT/ACC/CPV/7 
Page 44  
 
 October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 105 
Please provide citations to the provisions of the draft industrial property Law that require 
applicants to disclose the invention in a manner sufficiently clear so that one skilled in the art can carry it out, as required by Article 29 of the TRIPS Agreement? 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 106 
Does Cape Verde's draft industrial property Law in clude any exceptions to the exclusive rights 
conferred by a patent? If so, please describe such limitations in detail. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 107 
Does the Law provide for use of the subject matter of a patent without the authorization of the 
right holder?  If yes, please describe these uses.  WT/ACC/CPV/7 
 Page 45 
 
 
 Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 108 
Please explain whether the industrial property Laws  of Cape Verde provide an opportunity for 
judicial review of any decision to revoke or forfeit a patent, as required by Article 32 of the TRIPS Agreement? 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation time-table, is being elaborated and will 
be submitted to the WTO in January 2004. 
Question 109 What is the term of protection for patents in the draft industrial property Law of Cape Verde?  
Please describe any provisions for extension of the term of protection and cite to the relevant 
provisions of the Law. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in WT/ACC/CPV/7 
Page 46  
 
 October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
(g) Layout designs of integrated circuits 
Question 110 
Please describe in detail the protection for layou t-designs of integrated circuits provided under 
the Laws of Cape Verde, including the term of protection, and cite to the relevant provisions of Law.   
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
(h) Requirements on undisclosed information 
Question 111 
Please describe in detail how the Laws of Cape Verde provide for the protection of undisclosed 
information as required by Article 39.2 of the TRIPS Agreement and cite to the relevant provisions of Law.  
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004.  WT/ACC/CPV/7 
 Page 47 
 
 
 Question 112 
Please describe in detail the manner in which protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Cape Verde a nd cite to the relevant provisions of Law. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 113 Are other applicants for marketing approval fo r their own versions of a previously approved 
pharmaceutical or agricultural chemical products  permitted to rely on data submitted by the 
earlier applicant?   
If so, how long a period of exclusivity is give n the earlier applicant before such reliance becomes 
possible. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 114 According to WT/ACC/CPV/3, protection relating to trade secrets or test data is assured 
through the general rules of the Penal Code. Plea se provide citations to that part of the code 
that provide for such protection, and explain in detail how it complies with TRIPS Article 39. WT/ACC/CPV/7 
Page 48  
 
 Answer:
 
All the Penal Code processual aspects are applicable in processes related to industrial property rights.  
The existing Penal Code, which is very old, do es not foresee many aspects of the industrial property 
rights, such as these, for example.  However, a new Penal Code was recently approved and its 
publication is awaited yet this year.  In any case,  the forthcoming Intellectual Property Code may 
cover the protection of these rights.  The f undaments of Question 113 apply here as well. 
4. Enforcement 
Question 115 Please describe in detail the manner in which th e Laws of Cape Verde provide for effective 
action against infringement of intellectual proper ty rights as required by Article 41.1 of the 
TRIPS Agreement. 
Answer:
 
To resolve the controversies in the courts the civil Laws are applied subsidiarily and, as a 
consequence, the civil process Law, in the proceed ings under judgment.  Thus, for the presentation of 
documents and other elements of proof in the hands of  the other part or of third parties, Article 528 
and following of the Civil Process Code are applies,  and this may be ordered ex-officio (by the judge) 
or at the request of an interested private party. 
Question 116 
Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of 
evidence necessary to substantiate a party's clai ms where that party has been unable to obtain 
such evidence from the opposing party.  Plea se describe how the Laws or regulations of Cape 
Verde provide this authorization, citing to the relevant provisions of Law or regulation. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
In the event of any claim rega rding the protection of the industrial property, every processual 
mechanism is guaranteed the claimant and may be used by the court to get at the truth.  The Industrial 
Property Statute foresees many cases that are remitted  to the Civil Law, regarding and action in 
litigation.  WT/ACC/CPV/7 
 Page 49 
 
 
 Question 117 
Please describe in detail the provisional proce dures and civil remedies available to right holders 
under the Laws of Cape Verde, citing to the relevant provisions of Law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and remedies. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 118 
Please provide copies of either existing or dra ft texts of future customs Laws, civil and penal 
codes that provide for the enforcement of intellectual property.  
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 119 
Please explain how Cape Verde intends to instit ute an intellectual property enforcement regime 
that is compliant with the requirements of the TRIPS agreement. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. WT/ACC/CPV/7 
Page 50  
 
 The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
(d) Any special border measures 
Question 120 Please describe in detail steps Cape Verde will take to provide for border enforcement at least 
for trademark counterfeiting and copyright piracy.   
WT/ACC/CPV/3 recognizes the lack of special bo rder measures to prevent entry of counterfeit 
products and the need for training and/or coun selling work with the customs service.  Has the 
process commenced and when might adequate  border enforcement be put into place?  
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 121 
Please indicate when border enforcement will be come available to owners of other forms of 
intellectual property and, when might these measure be put into place. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal.  WT/ACC/CPV/7 
 Page 51 
 
 
 A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 122 
Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent 
authorities can act ex officio.  Please explain whether the competent authorities in Cape Verde 
are empowered to act ex  officio and, if so, please identify the intellectual property areas subject 
to ex  officio action. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
(e) Criminal procedures 
Question 123 Please describe in detail how the Laws of Ca pe Verde implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of willful 
trademark counterfeiting and copyright infringement on a commercial scale.   
Please cite to the relevant provisions of Law and regulation. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. WT/ACC/CPV/7 
Page 52  
 
 Question 124 
Article 61 also requires that remedies in approp riate cases include the seizure, forfeiture and 
destruction of infringing goods and any mat erials and implements the predominant use of 
which has been the commission of the offense.  Please describe the provisions in the Laws of 
Cape Verde that provide for such remedies, and describe the circumstances in which those 
remedies would be imposed, citing to the relevant provisions of Law or regulation. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 125 
Article 61 also indicates that Members may pr ovide for criminal procedures and penalties in 
cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of the Laws of Cape Verde that provide for such procedures and remedies, citing to 
the relevant provisions of Law or regulation. 
Answer:
 
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
6. Statistical data on applications for grants  of intellectual property rights, as well as any 
statistical data on their enforcement 
Question 126 Please provide statistical information related to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated-circuit layout design, and trade secret 
enforcement for 2000, including the number of cases filed; injunctions issued; infringing  WT/ACC/CPV/7 
 Page 53 
 
 
 products seized; infringing equipment seized; cases resolved (including settlement); and the 
amount of damages awarded. 
Answer:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. 
Question 127 
Please provide statistical information related to criminal enforcement in the area of copyright 
piracy and trademark infringement for 2000, including the number of raids, prosecutions, 
convictions, and the amount of fines and/or ja il terms (including whether the fines were paid 
and whether the jail term was actually served or was suspended) and any other information 
establishing that the criminal system operates  effectively to deter copyright piracy and 
trademark counterfeiting.  
RESPONSE:  
In WT/ACC/CPV/3, dated 1 July 2003, Cape Verde stated that an Industrial Property Law had been 
drafted and was in the review process.  At the time when the Memorandum of Foreign Trade Regime 
(FTM) was prepared and submitted to the WT O, that was an accurate statement. 
The Cape Verde Draft Law referred to in the Me morandum was based on the 1995 Industrial Property 
Code of Portugal.  In March 2003, a new Industr ial Property Code of Portugal was enacted, thus 
bringing it into conformity with the WTO TRIPS Agre ement.  For this reason, Cape Verde decided in 
October 2003 to stop work on the earlier draft, a nd instead focus on a new Industrial Property Law 
based on the TRIPS compliant 2003 Industrial Property Code of Portugal. 
A well-elaborated Action Plan, including an implemen tation timetable, is being elaborated and will be 
submitted to the WTO in January 2004. WT/ACC/CPV/7 
Page 54  
 
 VI. TRADE-RELATED SERVICES REGIME 
2. Policies affecting trade in services (f) Provisions relating to international transf ers and payments for current transactions of 
services 
Question 128 
Under the Foreign Investment Law, when an ent erprise is sold, liquidated or dissolved the Bank 
of Cape Verde may require the transfer of capital to be effectuated in quarterly installments if 
transferring the sum in full is likely to cause seri ous disturbance to the Balance of Payments.   
- How is the foreign exchange rate determin ed if the capital is to be transferred 
quarterly? and 
- Do delayed funds earn interest, and if so how is the rate determined?  
Answer:
 
Regarding the first question, the answer is yes.  In fact, the Bank of Cape Verde may require that 
capital transfer be made in instalments, if transf erring the entirety will cause problems in the Balance 
of payment.   
The applicable exchange rate, in the case of a capital transfer, shall be the exchange rate of the day 
used by the Central Bank. 
Regarding the last question, it will depend on what  has been negotiated between the interested party 
and the Commercial Bank.  
Question 129 
Please provide a copy of the Foreign Investment Law. 
Answer:  
Please see document WT/ACC/CPV/7/Add.1 
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH 
THIRD COUNTRIES 
2. Economic integration, customs union and free-trade area agreements 
Question 130 
What is the legal status of the Free Trade Agreement with Angola, et. al., dormant, terminated, 
or not enforced?  Is there any intent to revitalize or repudiat e these agreements? 
Answer:  
Although Cape Verde ratified the Economic Coopera tion Agreement with Angola, Guinea-Bissau, 
Mozambique and S. Tomé e Príncipe on 21 June  1980, in which was established the progressive 
creation of a free trade zone, there are no referenc es as to whether the other signatories proceeded 
likewise, as the Agreement itself stipulates for it to ta ke effect. – Articles XI and XII.  The Agreement  WT/ACC/CPV/7 
 Page 55 
 
 
 is dormant.  More recently, Cape Verde has signe d bilateral commercial agreements, namely with 
Angola (the latter from 1997).  
Question 131 
Does Cape Verde have a commitment to join the ECOWAS common external tariff?  If so, how 
will this affect Cape Verde's tariff offer for WTO accession? 
Answer:  
For the moment, there is no ECOWAS Common Ex ternal Tariff.  ECOWAS is asking member 
countries to conduct a study to assess the impact of the WEAMU Common External Tariff of the 
economy of WEAMU non-member countries. 
Cape Verde's status as an ECOWAS member will have no effect on the tariff offer for WTO 
Accession.  
- Annex 2:  List of Laws and Legal Acts  
Question 132 
Please give a status report on the efforts being made to establish Cape Verde's enquiry points, 
i.e., for SPS, TBT, and Services.  These will need to be established prior to accession or in the 
context of an approved action plan for WTO implementation. 
Answer:  
WT/ACC/8 was submitted to the WTO on 15 December 2003 and the SPS and TBT enquiry point 
given in that document.  
As to Services, WT/ACC/5 was submitted to the WTO on 15 December 2003 and the enquiry point 
for Services was stated in that document.  
- Annex 3:  Information on Import Licensing Procedures  
Question 133 
Why is it necessary to obtain prior authorization to conduct trade. 
Answer:  
"Prior authorization" simply stated is a business li cence. As is normal is most countries, a licence to 
conduct business is necessary. The same is true for Cape Verde. 
Question 134 
What is the role of the Chamber of Comm erce, Industry and Services of Sotavento and 
Barlavento?   
Is the actual import licenses granted by th ese local agencies instead of by the central 
government?   WT/ACC/CPV/7 
Page 56  
 
 Why is this so, i.e., why doesn't the Government  do it?  Please confirm that these licenses are 
automatic, and that firms are not turned away with out an opportunity to appeal their rejection, 
if any.    
Answer:
 
The Chamber of Commerce, Industry and Services of  Barlavento (or the Windward Islands) provides 
services to the islands of Santo Antao, Sao Vicente, Sal, Sao Nicolau, and Boa Vista. 
The Chamber of Commerce, Industry and Servi ces of Sotavento (or the Leeward Islands). 
Provides services to the islands of Maio, Santiago, Fogo and Brava. 
The Barlavento and Sotavento Chambers of Commer ce grant prior authorization only for the exercise 
of commercial activity or operations, based on the co mpetence delegated to them by the Ministry of 
Economy.  As said many times in these answers, Cape Verde does not use or issue import licenses. 
Cape Verde is a country consisting of nine widesp read islands.  It is expensive and time consuming 
for commercial operators to travel to Praia, the capitol and seat of government to apply for prior 
authorization. Thus, it was decided to establis h a Chamber of Commerce for the Windward or 
northern islands, and a Chamber of Commerce for the Sotavento (or southern islands). 
If the application and supporting documents are in good order, the prior authorization is 
"automatically" granted. If, however, an applicat ion is not granted, applicants are given an 
opportunity to appeal the denial of prior authorization. 
Question 135 
If a product is imported into one municipality, can the product be sold in the other municipality 
without getting a new import licence? 
Answer:  
Yes. 
Question 136 
When is "Regulamentary Decree" scheduled to be in effect?  Will it differ much from Decree 
Law No. 58/86 and Decree No. 60/86? 
Answer:  
The regulations implementing the "Regulamentary D ecree" must be published within 90 days of the 
date of publication of the "Regulamentary Decr ee."  Thus, it is probable that implementation of 
Regulamentary Decree will not occur until February or March 2004, at the earliest. 
Decree Law No. 5/9919 (or Regulamentary Decree) will update the issues pertaining to current 
commercial policy in Decree Laws No. 58/86 and 60/86. 
                                                      
19 Please see document WT/ACC/CPV/7/Add.1  WT/ACC/CPV/7 
 Page 57 
 
 
 Question 137 
Please explain "the annual taxes contained in Mini sterial Ordinance No. 31/86 of 6 September."  
Are these separate from the VAT or the internal taxes on imports that VAT will be replacing?  
How is this tax applied? 
Answer:  
These fees are due for the commercial registration pr ocess of a business firm. They are collected by 
the entity that grants the prior authorizat ion. They have nothing to do with VAT. 
Question 138 
How does a company get in contact with an "offi cial dispatcher"?  Does the official dispatcher 
work for the government or for the Chamber of Commerce?   
Answer:  
First, an "official dispatcher" is akin to a "cus toms broker" in the Unite d States, or a "customs 
clearance agents" in certain other countries. A compa ny gets in contact with an "official dispatcher" 
by directly contacting the dispatcher's office. Usuall y, the offices of an "official dispatcher" are in 
close proximity to the Customs offices. Lists of "o fficial dispatchers" are available from Customs or 
the Chambers of Commerce  
The "official dispatcher" is an independent prof ession who is subject to disciplinary action by the 
Customs Department. 
Question 139 
Why does a company have to bring the invoice to  the government department responsible for 
commerce since said department has delegated its import licensing to the Chambers of 
Commerce? 
Answer:  
As stated many times previously, Cape Verde do es not use an import licensing system.  What was 
delegated to the Chambers of Commerce was the gr anting of "prior authorization" or the business 
licence. 
As is normal in most countries, details of the im port transactions are contained in the commercial 
invoice.  The supplier or seller, of course, prepares the commercial invoice. 
The statement in the first paragraph at the top of page 78 in WT/ACC/CP/V3 is in error when it states 
"where the invoice is filled out properly."  What w as meant was that the exte rnal commerce title (or 
Import Declaration (ID)) is filled out properly. 
Thus, the ID, not the invoice, is brought to the G overnment Department responsible for commerce. 
Question 140 Which government entity applies the intern ational norms of salubrity for food and 
pharmaceutical products expo rted to Cape Verde?   WT/ACC/CPV/7 
Page 58  
 
 Answer:
 
The Ministry of Health. 
Question 141 
Please clarify which international norms are applicable. 
Answer:  
Cape Verde is a member of the Codex Alimentari us Commission. The "Codex" standards are applied 
to establish an acceptable level of protection for food safety. 
Question 142 
Cape Verde's licensing regime is very complex.  What measures are being taken to make it more 
traditional. 
Answer:  
As stated many times previously, Cape Verde do es not use an import licensing system. Cape Verde 
licenses commercial operators. 
- Annex 4:  Information on implementation a nd administration of the customs valuation 
agreement  
Question 143 Cape Verde states that it uses the Brussels Defi nition of Value and has not implemented the 
provisions of the Customs Valuation Agreement.  Nevertheless, Cape Verde responds to the 
Valuation Questionnaire explaining how it cu rrently appraises merchandise.  Some of the 
valuation practices that Cape Verde applies und er the Brussels Definition of Value are not 
inconsistent with the Customs Valuation Agreemen t.  However, Cape Verde needs to make a 
commitment to adopt the Customs Valuation Agreem ent and to abolish the use of the Brussels 
Definition of Value.  To this end, we suggest that Cape Verde prepare an action plan with a 
timetable detailing the steps it will take to fu lly implement the Customs Valuation Agreement. 
Answer:
 
As stated in previous answers, Cape Verde is in the process of drafting a new Customs Code.  The 
draft Customs Code will incorporate the required principles and language of the Customs Valuation 
Agreement.  An Action Plan on the Customs Valuat ion Agreement will be prepared and submitted to 
the WTO in January 2004.  The Action Plan will set fo rth a five year timetable and steps to be taken 
in fully implementing the Customs Valuation Agreement. 
 
__________