RESTRICTEDWORLD TRADE
ORGANIZATIONWT/TPR/G/118
30 June 2003
(03-3356)
Trade Policy Review Body Original: French
TRADE POLICY REVIEW
NIGER
Report by the Government
Pursuant to the Agreement Establishing the Trade Policy Review Mechanism
(Annex 3 of the Marrakesh Agreement Establishing the World Trade
Organization), the policy statement by the Government of Niger is attached.
Note: This report is subject to restricted circulation and press embargo until the end of the meeting
of the Trade Policy Review Body on Niger.Niger WT/TPR/G/118
Page 3
CONTENTS
Page
I. INTRODUCTION................................................................................................................. .................... 5
II. MACROECONOMIC BACKGROUND.................................................................................................. 5
III. TRADE POLICIES AND PRACTICES ............................................................................................... .... 6
(1) GENERAL TRADE POLICY OBJECTIVES ......................................................................................................... 6
(a) General economic policy objectives .......................................................................................... .6
(b) General trade policy objectives............................................................................................. ...... 6
(2) SECTORAL TRADE POLICY OBJECTIVES ....................................................................................................... 7
(a) Mining...................................................................................................................... ................... 7
(b) Agriculture ................................................................................................................. ................. 8
(c) Services.................................................................................................................... ................... 9
(d) Industry .................................................................................................................... ................. 11
(e) Energy...................................................................................................................... ................. 12
(3) GENERAL DESCRIPTION OF THE IMPORT AND EXPORT REGIME .................................................................. 12
(a) General rules ............................................................................................................... .............. 12
(b) Specific rules.............................................................................................................. ............... 14
(4) TRADE POLICY FRAMEWORK .................................................................................................................... 14
(a) Laws and regulations governing the implementation of trade policy........................................ 14
(b) Formulation and review of trade policies.................................................................................. 17(c) Bilateral, regional and mu ltilateral trade agreements................................................................ 18
(5)
IMPLEMENTATION OF TRADE POLICY ........................................................................................................ 19
(a) Trade policy measures applied in Niger.................................................................................... 19
(b) Problems on domestic and foreign markets .............................................................................. 23Niger WT/TPR/G/118
Page 5
I. INTRODUCTION
1. Niger is a vast land-locked country with an area of 1,267,000 square kilometres and a
population of 10,790,352.  Its average growth rate of 3.1 per cent per annum is one of the highest in
the world.
2. It is bordered on the east by Chad, the west by Burkina Faso and Mali, the south by Nigeria
and Benin and on the north by Algeria and Libya.
3. Niger's geographical location makes it a new link between the countries of the northern and
southern Sahara and places it at the centre of trade between the two regions.
4. Its economy is largely dependent on the rural sector (farming, livestock raising and crafts)
which employs some 80 per cent of the working population.
5. Politically, Niger is a democratic and social republic, governed by a constitution.
6. Administratively, pursuant to Law No. 2001/ 023 of 10 August 2001 creating administrative
districts and local authorities, it is subdivided into eight regions (Agadez, Diffa, Dosso, Maradi,
Tahoua, Tillabéry, Zinder and the Urban Community of Niamey).
II. MACROECONOMIC BACKGROUND
7. Since the early 1980s, Niger has been facing economic problems that have led to domestic
and external imbalances.  By and large, the situation is the result of:
- The falling price of uranium, the country's main export;
- the droughts of 1973 and 1984 that undermined the food security of rural dwellers
and caused political instability in the 1990s;
- the low level of domestic resource mobilization;- rapidly mounting external debt;- the absence of financial orthodoxy and discipline in the management of financial,
material and human resources;
- the excessive development of the informal economy.
8. To deal with these problems, Niger has negotiated structural adjustment agreements with the
Bretton Woods institutions (IMF and World Bank) based on reduced government involvement inproduction and the development of the economy.  It has also had the support of several multilateral
and bilateral partners.
9. Unfortunately, these efforts have been thwarted by several factors, including:
- Political instability caused by the unprecedented deterioration in government
finances, leaving the State incapable of meeting its obligations;  this gave rise tosocial and political agitation that undermined the proper functioning of the country's
political and administrative institutions.WT/TPR/G/118 Trade Policy Review
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10. Even the devaluation of the CFA franc in January 1994 failed to bring about any significant
improvement in the situation, mainly on account of insufficient supply and the absence of meaningful
accompanying measures.
11. The Fifth Republic has now created the conditions for economic growth, and the Prime
Minister and Head of Government has outlined the overall economic and trade policy objectives in hisGeneral Policy Statement.
12. Moreover, Niger is now implementing an IMF-supported economic and financial programme
for 2000-2003 in the framework of the Poverty Reduction and Growth Facility (PRGF), worth
59.2 million in SDRs.
The macroeconomic targets for 2003 are:
- To achieve real GDP growth of 4 per cent;- to contain inflation below 3 per cent;
- to limit the balance-of-payments current account deficit, not including official
transfers, to 9 per cent of GDP.
III. TRADE POLICIES AND PRACTICES
(1) 
GENERAL TRADE POLICY OBJECTIVES
(a) General economic policy objectives
13. In his General Policy Statement of April 2000, the Prime Minister and Head of Government
laid out the general economic policy objectives.  These include:
- Taking steps to achieve macroeconomic stabilization;
- organizing the rural sector by developing export-oriented agro-pastoral production;
- putting in place the tools and conditions needed to create new production units;
- resolving the intractable problem of the informal sector by implementing a policy of
tax and promotional incentives with a view to gradually reintegrating it into the
modern, organized economy.
(b) General trade policy objectives
14. To correct Niger's chronic trade deficit and better integrate the country into the multilateral
trading system, the Government has taken a series of steps, including:
- Liberalizing foreign trade operations by eliminating the system of licensing and
creating a single window for foreign trade formalities at the Chamber of Commerce,
Agriculture, Industry and Crafts of Niger;
- liberalizing the trade in farm produce and prices;Niger WT/TPR/G/118
Page 7
- organizing a roundtable on the private sector and a meeting of investors;
- creating a Follow-Up Unit for WTO agreements.
15. Current and future priorities are as follows:
- Implementing the export development programme;
- implementing the agro-pastoral export promotion programme;- improving the institutional environment for the development of trade;- appropriately tapping sub-regional, regional and international markets and organizing
domestic markets efficiently;
- exploiting and developing local resources;- improving the competitiveness of products;- enhancing the corporate environment;- capacity-building for the benefit of managers in the public services, economic players
and civil society;
- ensuring better follow-up of WTO agreements;- developing standards for the main export products;
- seeking outlets for Niger's chief exports;
- developing the supply of export products.
(2) 
SECTORAL TRADE POLICY OBJECTIVES
(a) Mining
16. In its statement on mining policy, the government reaffirms its determination to do the utmost
to diversify the mining industry.  It has therefore become one of the priorities under the poverty
reduction programme and the following goals will be pursued:
- To continue current mining operations in a framework of mutually beneficial
partnership;
- to create an environment favourable to national and foreign private investors in
mining (basic geological infrastructure, geological and mining information system,
tax and legal framework, secure legal and judicial environment, etc.);
- to support private enterprise in the development of small-scale mining;WT/TPR/G/118 Trade Policy Review
Page 8
- to integrate the mining industry into the national and subregional, regional (WAEMU,
ECOWAS) and world economy.
(b) Agriculture
17. The Rural Development Strategy (RDS) drawn up as part of the Poverty Reduction Strategy
constitutes a reference framework and one in which to ensure the consistency of all activities in therealm of rural development.
18. The overall aim of the RDS is "to reduce the incidence of rural poverty from 66 to 52 per cent
before 2015 by creating the conditions for sustainable economic and social development that will
guarantee food security for the population and the sustainable management of natural resources".  To
that end, three strategic priorities have been set:
Strategic priority 1:  creating conditions for sustainable rural economic growth by providing
rural producers with access to economic opportunities, generally with a view to:
- Increasing rural production, in particular by stepping up investment;
- raising rural household incomes by improving the economic environment for
production so as to allow for diversification and better product development;
- enhancing the productivity and sustainability of agricultural, forestry, pastoral and
fishery production systems by promoting applied research and transferring
technologies to rural areas;
Strategic priority 2:  securing the living conditions of communities through the sustainable
management of natural resources and improved food security, in pursuit of the following global
objectives:
- To ensure that rural households have access to wholesome food in sufficient quality
and quantity;
- to provide access for rural households to economic activities that are less subject to
uncertainties, and in particular access to irrigation;
- ensure the sustainable use of natural resources and the protection of the environment;
Strategic priority 3:  improving the management of the rural sector by building the capacities
of rural institutions and organizations, whose overall aims are:
- To increase the participation of rural dwellers, especially women and young people,
in mechanisms for decision-making with regard to rural development, through
involvement in rural organizations;
- to improve the consistency of rural development activities by means of coordination
between the respective national players and development partners;Niger WT/TPR/G/118
Page 9
- to build the organizational and decision-making capacities of rural communities, and
of women and young people in particular, through education and access to
information.
(c) Services
Tourism
19. The guidelines laid down for this sector in the General Policy Statement are:
• The rapid launch of a tourism marketing strategy to ensure that Niger does not
become even remotely associated with international terrorism;
• over the next three years, to remedy the shortcomings observed by means of a
programme for the rehabilitation of enterprises in the sector;
• renewed promotion of forms and expressions of culture typical of Niger in order to
attract more visitors.
20. The following objectives have been laid out for the sector under the Poverty Reduction
Strategy:
• The complete liberalization of the hotel industry;
• over the next three years, tripling the number of international visitors, estimated at
39,431 over the 1996-2002 period;
• increasing the number of tourists by 10 per cent per annum;
• diversifying tourism products and facilitating access to funding for the sector.
Transportation
21. The guidelines regarding land, ocean and river transportation for the 2000-2004 period
revolve around the following priorities:
• Opening up the country both internally and externally;
• gaining control over transportation costs;
• improving the standard of service;
• further modernization of the sector;
• improving the management and promotion of transportation activities.
Based on these guidelines, the following objectives have been set:
• To formulate and implement a transport industry policy;WT/TPR/G/118 Trade Policy Review
Page 10
• to design and build basic transportation infrastructure;
• to modernize the means of transport and ensure their sound management;
• to improve the institutional and legal framework for transportation;
• to improve the standard of service and cut costs;
• to organize and train transportation industry players;
• to improve road safety.
The air transport guidelines for the 2000-2004 period are:
• The revival of air transport in Niger;
• developing air transport infrastructure.
The following objectives have been set under these guidelines:
• To improve the coverage of air transport;
• to create a viable national company for domestic short-haul and transportation;
• to refurbish air transport infrastructure;
• to improve the quality and safety of air transport.
Telecommunications
22. The following guidelines were laid out in the Prime Minister's statement:
The Government's policy for the telecommunicati ons sector is to continue implementing the
master plan for the industry over the period 1991-2010 and to create an institutional and legal
environment favourable to private investment.  To this end, the following objectives have been laid
down:
• To increase the supply of telephone services and make telecommunication services
available to the largest possible number of users, in particular in rural areas;
• to provide a variety of high-quality services at competitive prices that are more in line
with real costs (the full digitization of the Niamey network by the end of 2004 and
that covering the rest of the country by the end of 2009);
• to step up private and public productive investment in the telecommunications
industry;
• to improve the use of limited resources (frequencies);Niger WT/TPR/G/118
Page 11
• to build a reliable national telecommunicatio ns network connected to the information
highways;
• to promote telecommunications as an economic sector vital to the development of a
competitive and outwardly open economy and to the services sector, which generatesa significant portion of GDP;
• to develop human resources in the telecommunications industry;
• to promote the development of new technologies.
Crafts
23. Ordinance No. 92-026 of 7 July 1992 sets out the main lines of the national policy for the
crafts industry.  The policy places special emphasis on the ability to generate endogenous
development based on material and human resources and on activities that will impact the balance of
trade.  It envisages developing the private sector as part of an economy based on free and fair
competition.
24. This policy foresees the implementation of a strategy for the gradual transformation of the
existing environment so as to make it less hostile, better adapted and more favourable to the
development of small and micro craft enterprises.
25. This policy foresees a fiscal strategy centered on the basic objectives of clarity, greater
simplicity, and quid pro quo.
26. Great importance has also been given to upgrading human resources, funding for micro and
small enterprises, sourcing and trading, as well as to institutional mechanisms.
27. The following objectives were outlined for the crafts industry under the Poverty Reduction
Strategy:
- To promote access to modern forms of funding for micro and small craft enterprises;
- to develop formulas that combine training, the spread of technology and market
penetration.
(d) Industry
28. Under the Economic Recovery Programme (L aw No. 97-024 of 8 July 1997), industrial
policy is to be implemented by means of the following actions:
- The development of national resources, primarily by promoting agribusiness;
- making companies more competitive both domestically and on export markets;- promoting small- and medium-sized industry (SMI);
- job creation;WT/TPR/G/118 Trade Policy Review
Page 12
- promoting industrial exports by systematically taking advantage of possible niche
markets for agriculture and livestock raising;
- subregional integration.
29. Moreover, several aims were established in the terms of reference of the Minister of Industry,
including:
- Working to make Niger's products competitive both domestically and externally and
fostering private investment in industry;
- encouraging and fostering private investment, in particular by promoters from Niger,
in industry and foreign and domestic trade;
- encouraging citizens of Niger abroad to invest in industrial and commercial activities
in Niger;
- promoting industrial development, more specifically the processing of the products of
agriculture, forestry, pasture farming and the craft industry.
(e) Energy
30. The Economic Recovery Programme sets out the energy guidelines in terms of the following
four objectives:
- Protecting the environment by means of measures that simultaneously impact the
demand and supply of wood-based energy in order to rationalize the use of that
energy source;
- energy independence, especially by:
• securing oil supplies both to reduce costs (group purchasing) and to increase
stocks;
• diversifying electricity generation toward hydroelectric dams, in particular
Gambou, Dyodyenga and Kandadji;
- accessibility of energy;
- promoting natural and renewable sources of energy.
(3) GENERAL DESCRIPTION OF THE IMPORT AND EXPORT REGIME
(a) General rules
31. Foreign trade has been liberalized since 1990 with the adoption of Decree No. 90-146 of
10 July 1990.Niger WT/TPR/G/118
Page 13
32. The system of licensing and tariff restrictions has been removed for all products except
petroleum products and pharmaceuticals.
33. As an accompanying measure to this policy, a Single Window has been created at the
Chamber of Commerce to handle the formalities associated with foreign trade transactions.  The
function of the Single Window is to inform and sens itize traders, to record statistical information and
to follow up import, export and re-export transactions.
34. For the purposes of the Single Window, an iden tity number is given to all traders who fulfil
the following conditions:
- Are enrolled in the trade register as importers or exporters;
- pay their dues to the Chamber of Commerce and to the Niger Council of Public
Transport Users (CNUT);
- are registered in the patent register or have paid the patent fee for the current year;- in the case of foreigners, are in possession of a trader's licence.
35. The provisions of this decree do not interfere with:
- Import or transit prohibitions or restrictions in connection with public morals, ordre
public, public security, protection of human and animal life and health, the
preservation of plant species, the protection of national treasures of artistic, historical
or archaeological value or the protecti on of industrial or commercial property;
- measures concerning consumer protection, the packaging of products or the customs
police or governing foreign financial relations.
36. Goods imports with an f.o.b. value equal to or greater than CFAF 2 million must be inspected
by COTECNA.
37. Decree No. 96-021/PCSN/MFP of 12 Februa ry 1996 as amended and supplemented by
Decree No. 96-370/PRN/MEF/P of 18 October 1996  in fact introduced a programme for the
inspection and verification of the quality, quantity, price, tariff description and origin of imports.
38. Foreign financial relations are governed by Regulation No. 09/98/CM/UEMOA of
20 December 1998.
39. By virtue of Article 6 of this Regulation, investment and loan transactions and in general all
capital movements between WAEMU Member States are entirely free and unrestricted, pursuant to
Articles 76(d), 96 and 97 as well as Article 4 of the WAEMU Treaty.
40. Authorization must be requested for payments abroad, with the exception of those current
payments contemplated in Article 4 of the aforementioned Regulation.
41. Articles 23 and 24 of the 2001 Budget Law (L aw No. 2000-23 of 20 December 2000) and its
Regulatory Decree (Decree No. 2001-129/PRN/MF of 26 July 2001) relate to the requirement of
domiciliation of goods for commercial purposes.WT/TPR/G/118 Trade Policy Review
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(b) Specific rules
Imports
42. Without being subject to the system of identity numbers, enterprises and industries may
directly import their raw materials as well as technical materials whose specific nature makes it
difficult for them to be imported by non-specialists.  The use of statistical registration forms ( feuillets
d'enregistrement statistique ) is required.
Exports
43. The export trade in hides and skins, livestock and meat as well as minerals is subject to
specific regulations.
44. Indeed, under the provisions of Ordinance No. 86-15 of 3 April 1986, only authorized natural
persons and legal entities may engage in the trad e in hides and skins, and specifically primary
collection, supplying industrial tanneries and exportation.
45. With respect to the trade in livestock and m eat, Article 2 of Ordinance 86-16 of 3 April 1986
states "No one may engage in the livestock or meat trade without obtaining prior authorization fromthe competent body in the form of a trader's card".
46. Minerals may be traded only on the basis of a mining or quarrying licence or a permit to trade
in minerals extracted from small-scale mines.
(4) 
TRADE POLICY FRAMEWORK
(a) Laws and regulations governing the implementation of trade policy
47. The constitution is the basic law of Republic.
48. Laws are enacted by the National Assembly.
49. The President of the Republic negotiates and ratifies international treaties and agreements.
50. Nevertheless, peace treaties and defence pacts, conventions and agreements pertaining to
international organizations, those notifying domestic laws and those involving a financial
commitment on the part of the State may only be ratified by the enactment of a law.
Organic texts
51. Mention may be made of the following organic texts concerning trade policy:
• Decree No. 2001/243/PRN/MC/PSP of November 2001 setting out the functions of
the Ministry of Trade and Private Sector Promotion;
• Decree No. 2001-224/PRN/MC/PSP of 26 November 2001 on the organization of the
Ministry of Trade and Private Sector Promotion.
52. Mention should also be made of the organi c texts of ministries and institutions with
trade-related activities, such as the Ministry of the Economy and Finance, Ministry of Transport,Niger WT/TPR/G/118
Page 15
Ministry of Foreign Affairs and Cooperation, Mini stry of Tourism and Crafts and the Chamber of
Commerce, Agriculture, Indus try and Crafts of Niger.
Texts governing trade
53. The Commercial Code is subdivided into four books and was implemented by the following
texts:
• Ordinance No. 92-048 of 7 October 1992 concer ning Book I of the Commercial Code
dealing with traders in general and commercial auxiliaries;
• Law No. 95-011 of 20 June 1995 regarding Book II of the Commercial Code
covering commercial acts in general, some commercial contracts, bills of exchange,cheques and security (pledges and collateral);
• Ordinance No. 96-038 of 29 June 1996 re garding Book III, which deals with
commercial leases and goodwill;
• Law No. 97-40 of 1 December 1997 regarding the book of the Commercial Code
dealing with collective actions.
54. The professional activities of self-employed foreigners are governed by Ordinance
No. 87-010 of 12 March 1987 and its regulatory text s, especially Decree No. 87-036/PCMS/MCI/T of
12 March 1987 setting the relevant conditions.
55. The main texts regulating foreign trade are:
- Regulation No. 02/2002/CM/UEMOA of 23 May 2003 concerning anti-competitive
practices within WAEMU;
- Regulation No. 03/2002/CM/UEMOA of 23 May 2002 regarding procedures
applicable to cartels and abuse of dominant position within WAEMU;
- Regulation No. 04/2002/CM/UEMOA rega rding governmental assistance within
WAEMU and the modes of enforcement of Article 88(c) of the Treaty;
- Decree No. 90-146/PRN/MPE of 10 July 1990 concerning the liberalization of
merchandise imports and exports and its regulatory texts, in particular Order
026/MPE/DCE of 12 July 1990 as amended by Order No. 004/PME/PE/STS of
16 January 1991, Order No. 023/MCI/T/DCE of 10 August 1994 abolishing licences
and the system of compulsory removal for certain import and export products, OrderNo. 28/MPE/DCE of 16 August 1990 creatin g a single window and setting out its
methods of operation, Circular No. 001/MC/I/DCE/SER of 11 November 1990.
- Decree No. 96-021/PCSN/MFP of 12 February 1996 instituting a programme of
import inspection and verification, amended and supplemented by DecreeNo. 96-370/PRN/MEF/P of 18 October 1996 and its regulatory order,
No. 0184/MFP/MCATT of 10 June 1996.WT/TPR/G/118 Trade Policy Review
Page 16
56. With respect to competition and prices, Ordinance No. 92-025 of 7 July 1992 regulating
prices and competition liberalizes the price system and lays down rules for fair competition.
Investment regulations
57. The Investment Code is a special tax framework created to encourage investment in Niger in
several fields including agriculture, industry, energy, housing, services, transportation and education.
58. The Mining Code, rather than the Investment Code, forms the investment framework for the
mining industry.
59. The Investment Code was instituted by Ordinance No. 89-19 of 8 December 1989, which was
amended and supplemented by Ordinance No. 97-05 of 27 February 1997, Ordinance 99-69 of
20 December 1999 and Law 201-20 of 12 July 2001.
60. Decree No. 90-123 of 3 May 1990 amended by Decree No. 92-135 ( bis) of 9 April 1992 lays
down the modes of enforcement of Ordinance 89-19 of 8 December 1989.
Customs regulations
61. Niger's customs code was implemented by  Law 61-17 of 31 May 1961 establishing the
customs procedures of the Republic of Niger.  Decree No. 61-211/MF of 14 October 1961 sets out the
conditions for the application of this Law.
62. The code covers the general principles of customs procedures, the organization and
functioning of the customs department, the conveyance of goods through customs, customs clearance,
suspensive customs regimes and temporary admission, customs warehousing, privileged operations,
circulation and detention of goods within the cust oms territory, various charges levied by customs,
and disputes.
- The WAEMU Customs Code adopted th rough Regulation No. 09/2001/CM/UEMOA
of 26 November 2001, and Book I in particular, establishes the organizational
framework and customs procedures and formalities.  Article 189 of the Code states
"provisions of national customs codes that are not contrary to this regulation shall be
applicable";
- Additional Protocol No. 04/ 96 of 10 November 1996 implementing a transitional
preferential tariff regime for trade within WAEMU and its mode of financing;
- Regulation No. 02/97/CM/UEMOA of 28 November 1997 instituting the common 
external tariff;
- Regulation No. 05/98/CM/UEMOA of 3 July 1998 setting out the list of categories of
merchandise appearing in the WAEMU tariff and statistical nomenclature and
subsequent amendments thereto;
- Ordinance No. 99-02 of 18 September 1999 reforming the customs tariff of the
Republic of Niger;Niger WT/TPR/G/118
Page 17
- Law No. 2000-003 of 2 May 2000 amending and supplementing some provisions of
the tax and State ownership regime and the customs tariff of the Republic of Niger.
Tax regulations
63. Niger does not have a tax code.  Nevertheless, there is a tax and State ownership regime in the
Republic of Niger in the form of a compilation of the various tax regulations in force.  This regime is
amended every year through the Budget Law.
64. A programme of harmonization of indirect tax systems was adopted within WAEMU through
Decision No. 01/98/CM/UEMOA of 3 July 1998, and on that basis, the following directives have
been issued:
- Directive No. 02/98/CM/UEMOA of 22 December 1998 harmonizing the VAT laws
of Member States;
- Directive No. 03/98/CM/UEMOA of 22 December 1998 harmonizing the laws of
Member States on excise duties;
- Directive No. 06/2001/CM/UEMOA of 26 November 2001 harmonizing the taxation
of petroleum products;
- Directive No. 07/2001/CM/UEMOA of 26 November 2001 on the harmonized
regime for advance payments of profit tax within WAEMU.
(b) Formulation and review of trade policies
65. In Niger, it is the Ministry of Trade and Private Sector Promotion that is chiefly responsible
for framing and implementing trade policy.  Other ministerial departments may also play a significant
part in policy-making.  They are:
- Ministry of the Economy and Finance;
- Ministry of Foreign Affairs and Cooperation;- Ministry of Mining and Energy;
- Ministry of Tourism and Crafts;
- Ministry of Transport;- Ministry of Privatization.
66. The private sector also contributes to the elaboration and implementation of trade policy
through the Chamber of Commerce, Agriculture, Indus try and Crafts of Niger, the National Board of
Users of Public Services, employer organiza tions and consumer protection associations.
67. As regards WTO Agreements, a multidisciplinary unit for the follow-up and implementation
of the Uruguay Round Agreements has been create d at the Ministry of Trade and Private Sector
Promotion.WT/TPR/G/118 Trade Policy Review
Page 18
68. The unit comprises representatives of the administrations concerned, the private sector,
Parliament and civil society (trade unions and associations).
(c) Bilateral, regional and multilateral trade agreements
Bilateral trade agreements
69. To further develop its trading relations, Niger has signed bilateral trading agreements with
several countries, including Nigeria, Algeria, Morocco, Tunisia, China and Libya.
70. However, tariff preferences have been implemented only for Tunisia in the form of a 50 per
cent reduction in the customs duties applied.
71. This Agreement was suspended with the creation of WAEMU.
Regional agreements
72. Niger is a signatory to the founding agreements , conventions or treaties of several regional
organizations, including:
• the Organization of African Unity (OAU), whose charter was signed in 1963 in
Addis Ababa, Ethiopia;
• the African Economic Community (AEC) whose founding treaty was signed in
June 1991 in Abuja, Nigeria;
• the Economic Community of West African States (ECOWAS), created in 1975 and
which has adopted a trade liberalization scheme;
• the Council of the Entente, established in May 1959 to foster political solidarity
among its members;
• the West African Economic and Monetary Union (WAEMU), established in
March 1994 to further the economic integration of its members.
73. This latter organization's Common External Tariff took effect definitively on 1 January 2000.
• The Common African and Mauritian Organization (OCAM);
• The Organization for the Harmonization of Business Law in Africa (OHADA);
• The West African Development Bank (WADB);
• The Central Bank of West African States (BCEAO);
• The Organization of the Islamic Conference (OIC);
• The Islamic Development Bank.Niger WT/TPR/G/118
Page 19
Multilateral agreements
74. Niger acceded to the General Agreement on Tariffs and Trade (GATT) on 3 August 1960
upon gaining independence.  It became a Member of the World Trade Organization (WTO) on
13 December 1996.
75. It has accordingly accepted all commitments fo reseen in WTO Agreements apart from the
plurilateral agreements.
76. As an LDC, Niger places much hope in the effective application of the measures and
initiatives taken to facilitate the integration of LDCs into the multilateral trading system.
77. Niger is also a member of the United Nations and its specialized agencies, including
UNCTAD, UNIDO and ILO.
78. It is also a member of the International Monetary Fund and the World Bank.
Preferential agreements
79. Niger benefits from the tariff advantages, inter alia , of the generalized system of preferences
(GSP), the ACP-EU Agreement, the African Gr owth and Opportunity Act (AGOA) and from its
membership of WAEMU and ECOWAS.
(5) IMPLEMENTATION OF TRADE POLICY
(a) Trade policy measures applied in Niger
Measures affecting imports
80. Since 1 January 2000, Niger has effectively been applying the WAEMU Common External
Tariff.  The following import duties are applied:
• Category 0=0% (special products such as books, newspapers, hygienic articles of
rubber, wheelchairs for the disabled);
• category 1=5% (feedstock, breeding animals, industrial machinery, etc.);
• category 2=10% (semi-finished goods, industrial inputs, etc.);
• category 3=20% (finished goods).
81. The statistical charge is 1 per cent.
82. The Community Solidarity Levy is one per cent for WAEMU and 0.5 per cent for ECOWAS.
83. The Value Added Tax (VAT) rate is 19 per cent.  The degressive protection tax (TDP) and
the special import tax (TCI) constitute an additional protective mechanism.WT/TPR/G/118 Trade Policy Review
Page 20
Prohibitions, quotas and quantitative restrictions
84. Despite the adoption of Decree No. 146/PRN/MPE on 10 July 1990, the following measures
may be taken:
• Import or transit prohibitions or restrictions in connection with public morals, ordre
publique , public security, the protection of human and animal life and health, the
preservation of plant species, the protection of national treasures of artistic, historicalor archaeological value or the protecti on of industrial or commercial property;
• measures concerning consumer protection, the packaging of products or the customs
police or governing foreign financial relations.
85. Quotas and quantitative restrictions were eliminated with liberalization.
Import licences
86. These were abolished with the liberalization of all imports except for petroleum and
pharmaceutical products.
Customs valuation at importation
87. Within the context of the application of the customs valuation system, Regulation
06/99/CM/UEMOA of 6 August 1999 on customs valuation was adopted.
88. Having obtained an extension of the time-frame for implementing the Customs Valuation
Agreement, Niger has been applying that agreement since 14 December 2001.
Rules of Origin
89. The rules of origin applied by Niger vary depending on the economic group concerned.  They
include the rules of origin of WAEMU, ECOWAS, SGP, and AGOA.
Standards
90. A Department of Standardization, Quality and Metrology has been set up within the Ministry
of Commerce and Private Sector Promotion (see Decree No. 2001-244/PRN/MC/PSP of
26 November 2001).
91. The functions and organization of this department are laid down in Order
No. 0032/MC/PSP/DNQ/M of 8 August 2002.
92. A national system of standardization, accreditation and certification was created by Law
No. 2002-028/PRN of 31 December 2002.
93. A programme is now under way in WAEMU aimed at instituting a system of accreditation of
standards and quality assurance.
94. The purpose of this programme is to ensure the harmonization of standards across WAEMU
member States.Niger WT/TPR/G/118
Page 21
Export-related measures
Regulatory framework, quantitative restrictions and quotas :
95. Decree No. 90-146/PRN/MPE of 10 July 1990 on im port and export liberalization effectively
deregulated exportation and re-exportation.
96. There are no export quotas or quantitative restrictions.
97. However, the exportation of seed cotton is not allowed.
98. The system of export licensing has been eliminated in favour of simple forms for statistical
purposes.
Export taxes and charges
99. The only export tax is the 3 per cent ad valorem  statistical charge.
Export subsidies and aids
100. There are no direct export subsidies in Niger.
101. Economic operators nevertheless receive support from development projects and development
partners in order to build their technical and organizational capacities.
Export promotion
102. In promoting its private sector, Niger has ha d the support of UNDP in drawing up an export
promotion programme entailing the use of action sheets that were submitted to donors at the Private
Sector Roundtable in Niamey in November 2000.
103. Niger has also received World Bank support in preparing an agro-pastoral exports promotion
programme, that was launched in 2001.
104. This project comes under the Government's sectoral strategies designed to secure
macroeconomic balance by increasing the contribution from the agro-pastoral sector to balance-of-
payments equilibrium and raising the standard of living of the population.
105. It is worth underlining that the Chamber of Commerce, Agriculture, Industry and Crafts of
Niger has a trade department (formerly the Niger Foreign Trade Centre) that supports exporters in
various ways, including:
• Guiding with fairs and exhibitions;
• organizing trade missions and market exploration;
• training of economic operators.WT/TPR/G/118 Trade Policy Review
Page 22
Production and trade-related measures
Public enterprises and privatization processes
106. As part of the withdrawal of government fr om production activities, Niger adopted Ordinance
No. 96/75 of 11 December 1996 setting out the general conditions for privatization and identifying thebodies responsible for the privatization process in Niger.  The following entities were created for this
purpose:
• The Interministerial Committee (CIM), which is chaired by the Prime Minister and
Head of Government, and which takes all decisions concerning privatizationoperations;
• the Ministry of Privatization, which is responsible for devising and implementing
privatization policies, programmes and strategies;
• the Privatization Programme Coordination Unit (CCPP) which is responsible for
implementation at the level of privatization operators;
• the Bids Commission which is responsible for opening bids and conducting the
relevant technical studies.
107. In addition, Ordinance No. 99/044 of 26 October 1999 created a body to regulate activities in
the water, energy, telecommunications and transportation sectors.
108. Under a programme to privatize 12 companies, the following have already been privatized:
the Niger Milk Board (OLANI), the Cement Compan y of Niger (SNC), the Niger Textiles Company
(SONITEXTIL), the Niger Water Company (SNE), the Niger Telecommunications Company
(SONITEL), and the Public Works Equipment Hiring Company (SLMTP).
The following companies are now being privatized:
• Petroleum Products Company of Niger (SONIDEP);
• Niger Power Company (NIGELEC);
• Hotel Gaweye Company (SPEHG);
• National Transport Company of Niger (SNTN);
• Niger Rice Company (RINI);
• Underground Water Board (OFEDES).
Government procurement
109. Ordinance No. 85-32 of 14 November 1985 implem ented a government procurement code in
Niger.  The procedures for the implementation of this ordinance were laid out in Decree
No. 85-194/PCMS of 14 November 1985 as amended and supplemented by Decree
No. 87-088/PCMS of 23 July 1987.Niger WT/TPR/G/118
Page 23
110. An in-depth reform of the system of government procurement was undertaken by the
Government, leading to the adoption of a new code through Ordinance No. 2002-007 of
18 September 2002, which was ratified by the National Assembly on 16 October 2002.
The aims of this reform include:
• Improved application of existing government procurement rules and procedures;
• enhanced efficiency and transparency;
• greater competition in government procurement.
The legislation implementing this code is now being drawn up.
(b) Problems on domestic and foreign markets
Domestic markets
111. The problems observed on domestic markets include:
• The absence of a law on competition.
• inadequate organization of distribution channels;
• the predominance of the informal sector in trade;
• lack of information and insufficient training of players.
112. The adoption of community legislation on competition effective April 2003 requires each
WAEMU member country to enact legislation on competition.
113. The draft law is now being prepared.
Foreign markets
114. The following problems have been observed with respect to foreign markets:
• Insufficient supply of export products from Niger;
• insufficient information concerning foreign markets;
• lack of standards for our export products;
• insufficient human and institutional capacities for developing foreign trade;
• low quality of export products.WT/TPR/G/118 Trade Policy Review
Page 24
Conclusion
115. Niger has deployed considerable efforts in liberalizing trade and has taken a range of steps to
improve its economic environment.
116. Moreover, the Fifth Republic has brought political stability to the country and its economic
policy aims have been clearly set out in the Government Policy Statement and the Poverty ReductionStrategy Document.
117. However, as a land-locked LDC plagued by clima tic problems (droughts), Niger is facing real
difficulties in integrating its trade both regionally and internationally.
118. To this end, it needs the support of development partners, inter alia , through existing
programmes such as the Integrated Framework for Trade-Related Technical Assistance.
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