RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/15 
25 August 2004 
 (04-3555) 
Working Party on the 
Accession of Cape Verde Original:   English 
 
 
 
  
ACCESSION OF CAPE VERDE 
 
Questions and Replies
 
 
 The Government of the Republic of Cape Verde has submitted the following replies in 
response to additional questions raised by members of the Working Party1. 
  
_______________ 
                                                     
 
1 The Government of the Republic of Cape Verde is pleased to welcome any further requests for 
information, comments, or statements which might be presented bilaterally or in future Working Party meetings, 
having in mind the national purpose of acceding to the WT O and taking advantage of the benefits of multilateral 
trade for national development. WT/ACC/CPV/15 
Page ii  
 
TABLE OF CONTENTS 
 
II.
 ECONOMIC, ECONOMIC POLICI ES AND FOREIGN TRADE.....................................1  
2. Economic Policies.............................................................................................................. ........1  
(a) Main directions of the on going economic policies..................................................................1  
(c) Foreign exchange and payments system .................................................................................3  
(d) Foreign and domestic in vestment policies ..............................................................................4  
(f) State Ownership and Privatization policies............................................................................4  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES ...........................................5  
1. Powers of executive, legislative and judicial branches of government.................................5  
5. Laws and Legal Acts............................................................................................................ .....6 
6. Description of judicial, arbitral or ad ministrative tribunals or procedures .......................8  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................10  
1. Import Regulation.............................................................................................................. .....10  
(a) Registration requirements for engaging in importing.........................................................10  
(b) Characteristics of national tariff ...........................................................................................15  
(d) Other duties and charges, specifying any charges for services rendered ..........................16  
(f) Import licensing procedures ..................................................................................................16  
(h) Customs valuation.............................................................................................................. .....20  
(k) Application of internal taxes on imports...............................................................................21  
(l) Rules of origin ................................................................................................................ .........22  
(m,n,o)  Anti-dumping, countervailing duty and safeguard regimes ...............................................23  
2. Export Regulation.............................................................................................................. .....24  
(b) Customs tariff nomenclature, types of dut ies,, weighted averages of rates .......................24  
(d) Export licensing procedures...................................................................................................2 4 
(f) Export financing, subsidy and promotion policies...............................................................25  
(g) Export performan ce requirements........................................................................................25  
(h) Import duty drawback schemes ............................................................................................25  
3. Internal Policy Affecting Foreign Trade in Goods ..............................................................26  
(a) Industrial policy, including subsidy policies.........................................................................26  
(b) Technical regulations and standards, including measures taken at the border 
with respect to  imports ........................................................................................................ ...27 
(c) Sanitary and phytosanitary measures, in cluding measures taken with respect to 
imports ........................................................................................................................ .............29  
(e) State-trading practices........................................................................................................ ....32  
(g) Free economic zones ............................................................................................................ ...33 
(l) Government procur ement practices......................................................................................34   WT/ACC/CPV/15 
 Page iii 
 
 
(m) Regulation of trade in transit................................................................................................. 35 
4. Policies Affecting Foreign Trade in Agricultural Products ................................................35  
V. TRADE RELATED INT ELLECTUAL PROPERTY RÉEGIME TC..............................37  
1. General........................................................................................................................ .............37  
(a) Intellectual property policy................................................................................................... .39 
2. Substantive standards of protection......................................................................................39  
(a) Copyrights and Related Rights..............................................................................................39  
(e) Patents........................................................................................................................ ..............41  
(h) Requirements on undisclosed information ...........................................................................41  
4. Enforcement .................................................................................................................... ........41  
VII. INSTITUTIONAL BASE FOR TRAD E AND ECONOMIC RELATIONS 
WITH THIRD COUNTRIES ................................................................................................43  
1. Bilateral or Plurilateral Agreements Rela ting to Foreign Trade in Goods and 
Trade in Services.............................................................................................................. .......43  
2. Economic integration, customs union  and free-trade area agreements.............................44  
  WT/ACC/CPV/15 
 Page 1 
 
 
II. ECONOMIC, ECONOMIC POLICIES AND FOREIGN TRADE 
2. Economic Policies (a) Main directions of the ongoing economic policies - Pricing Policies Question 1 
We appreciate the information provided by Cape  Verde on its pricing policies in response to 
Question 1 of WT/ACC/CPV/7, and seek its help to  provide a comprehensive presentation to the 
Working Party. 
Please list in a chart (i) all goods subject to price controls by HS number, including the controls 
on rice, corn, sugar, wheat grain, wheat flour, brea d, potato and onions; (ii) the type of control 
applied in each case (e.g., fixed price, maximu m price, profit margin, or negotiated price); 
(iii) the level of application in each case (e.g., th e specific price, the maximum price or the profit 
margin permitted); and (iv) the point of application for domestic and imported goods (e.g., upon importation, ex-factory, wholesale, retail, etc.) 
How are the controls calculated? How often are they changed?  
Answer:
 
Please see Table 1 below. 
Table 1  
(i) HS Product (iii) and (iv) Level of Application (ii) Type of 
control Observations 
48.00 CVE/kg wholesale 1st 
54.00 CVE/kg Retail 
35.00 CVE$/kg wholesale 10.06.30 Rice 
2nd 
38.50 CVE/kg Retail Maximum 
55.00 CVE/Kg Wholesale 17.01.11 
17.01.12 
17.01.91 
17.01.99 Sugar 
(Granular) 61.50 CVE/kg Retail Maximum 
Wholesale: 
30.00 CVE /kg  1st 
Retail: 
33.00 CVE/kg  
28. 00 CVE /litre 
Wholesale: 
25.00 CVE/kg  10.05.90 Corn 
2nd 
Retail: 
28.00 CVE/kg  
21.00 CVE/litre Maximum In force since 
5 January 1998 and 
replaced former prices enacted on 
1  March 1996 WT/ACC/CPV/15 
Page 2  
 
(i) HS Product (iii) and (iv) Level of Application (ii) Type of 
control Observations 
Wholesale – 36,000.00 CVE/Metric Tonne. 
Price ex-factory in Mindelo and at all ports 
of other islands. 
Resale – 2,035.00 CVE/bags of 50Kg 1101.00 Wheat 
Flour 
46.00 CVE/Kg – Retail Maximum 
11.03.11 Wheat 
Bran 15,000.00 CVE/Metric Tonne. 
Price Wholesale ex-factory. Maximum In force since 
5 October 1998 and 
replaced former prices 
enacted on 
29 December 1994 
90.00 CVE/Kg Whol esale - Price ex-
factory; 
100.00 CVE/Kg Retail There are pieces of bread of: 
Weight Wholesale Retail 19.05.10 Bread and 
bakery 
500g 
250g 
100g 45.00 CVE 
22.00 CVE 
9.00 CVE 50.00 CVE 
25.00 CVE 
10.00 CVE Maximum In force since 
15 October 2001 and 
replaced former prices enacted on 5 October 
1998 
2710.00 Gas oil Retail at the fuel station – 63.00 CVE/litre 
In bulk – 62.50 CVE/litre Fixed prices 
2710.00. Gasoline Retail at the fuel station – 110.00 CVE/litre 
In bulk – 109.20 CVE/litre Fixed prices 
27.11.13 Butane 
Gas Bottle of 3kg = 270.00 CVE 
Bottle of 6kg = 570.00 CVE Bottle of 12.5kg = 1,350.00 CVE 
Bottle of 55 kg = 5,940.00 CVE Fixed prices In force since  
7 June 2004 
and replaced former 
prices enacted on 6 August 2003 which 
reduced prices rose on 
3 February 2003. 
2710.00. Kerosene In bulk – 39.00 CVE/litre 
Retail – 44.00 CVE/litre Fixed prices In force since  
7 July 2004 
and replaced former 
prices enacted 3 February  2003 
27.16.00 Energy Annexed to Council of Ministers Resolution 
No. 43/2002, of 30/12/2002 Fixed prices In force since  
1 January 2003 
and replaced former prices enacted on 
1985 
24. 03.10 Tobacco C ontract between the Government and the 
Cape Verdean Tobacco Company. Agreed 
prices However, no legal 
measure has been taken. 
30.04.10-
90 Drugs Article 39 of Regulatory Decree No.  
3/1993, of 15 of February 1993 Fixed prices However, no legal 
measure has been 
taken. 
22.01.10 Water Annexed to Resolution No. 43/2002, of 
30/12/2002. Fixed prices In force since 
1 January 2003 and 
replaced former prices 
enacted on 1998 
Notes :  
- The wholesale prices include the price of the bags. 
- Rice and corn are classified according to their quality. 
- The prices of potatoes and onions are liberalized in as  much as they are not included in the legislation 
in effect. 
- The calculated prices listed are based on internatio nal prices plus international freight, insurance, 
customs duties and other charges (port fees, storage, etc.), the share of financial and investment costs and the margin according to the mark et practice. The internal structur al costs (domestic transport costs 
and distribution costs) are considered.  
- Importers of Corn, Rice, Sugar and Wheat flour whic h are subject to maximum prices are obliged to 
distribute 30 per cent of their importation in islands other than Santiago and S. Vincent. 
Notwithstanding the provisions of Decree Law No. 52/2003 of 24 of November of 2003, of Regulatory  WT/ACC/CPV/15 
 Page 3 
 
 
Decree 3/1993 of 15 February 1993 and of Ministerial Ordinance No. 2/2004 of 19 January 2004 the 
prices of drugs and tobacco have been fixed by their producers  and importers. 
- The Government of Cape Verde after consultation with the Chambers of Commerce Upper Council 
(Conselho Superior das Câmaras de Comércio) estab lishes the prices on the basis of their agreed 
margins. 
- The prices listed above are generally  changed when international price changes have a negative impact 
on the companies’ margin. 
Question 2 
Please clarify the legal authority and most recent rev ision that provides this information, e.g., is 
it Decree Law No. 1/99 of 1 February, or is it Decree Law No. 52/2003 O.B. 39 of 24 November 
2003? Please confirm that these price contro ls apply to domestic production and 
imports/exports. 
Answer:  
The Minister of Economy, Growth and Competitiveness is responsible for the administration of price 
controls.  The previous information provided in WT/ACC/CPV/7 was based on Decree-law No. 1/99 
of 1 February of 1999.   
However, the Decree-Law currently in effect is No. 52/2003 of 24 of November of 2003 published in 
the O.B. No. 39 I Series of same date, regulated by Ministerial Ordinance No. 2/2004, of 19 January (see document WT/ACC/CPV/15/Add.1).  
The Government of Cape Verde confirms that pri ce controls apply to impor ts and national production 
(industry). Price controls do not apply to exports. 
Question 3 
Concerning Question 2 of WT/ACC/CPV/7, has pricin g for wheat flour been liberalized?  Please 
confirm that there is no longer any state trad ing in products subject to price control. 
Answer:
 
Wheat flour is subject to maximum price regime.  Wh at were liberalized were wheat flour imports, for 
industrial commercial enterprises endowed with fi nancial capacity, beginni ng 17 February 2004. 
Ministerial Ordinance No. 6/2004 of 16 February 2004 published in O.B. No. 5 I Series of 16 February 2004 (see document WT/ACC/CPV/15/Add.1).  
Further, the Government of Cape Verde confirms th at there is no longer any state trading in products 
subject to price controls. 
(c) Foreign exchange and payments system Question 4 Has Cape Verde accepted the obligations of Article VIII of the IMF Articles of Agreement?  If 
not, please discuss Cape Verde’s relatio ns with the IMF towards that goal. WT/ACC/CPV/15 
Page 4  
 
Answer:
 
The Government of Cape Verde confirms that it h as not yet fully accepted the obligations of Article 
VIII of the IMF Articles of Agreement.  However,  the Government of Cape Verde has notified the 
IMF of its willingness to accept fully the obligations of Article VIII.  Thus, the process is ongoing. By 
Decision with Force of Law No. 11/1978 of 15 November 1978 published in O.B. No. 45 of same 
date, Cape Verde received in its juridical order Sectio n 2 (b) of Article VIII, Sections 2 to 9 of Article 
IX and paragraph (b) of Article XXI of Artic les of Agreement of the IMF. By Resolution 
No. 33/V/1996 of 30 December 1996 published in the O.B. No. 44, I Series, 3rd Supplement of same 
date Cape Verde received in its juridical order th e Amendment to the Articles of Agreement of the 
International Monetary Fund as approved by  the IMF Governors Resolution No. 29-10. 
(d) Foreign and domestic investment policies Question 5 The response to Question 7 of WT/ACC/CPV/7 indicates that environmental impacts studies are 
needed "in specific cases" before the government w ill consent to a foreign direct investment.  A 
similar statement occurs in WT/ACC/CPV/3 (p age 32) regarding Free Zones, reporting that 
environmental impact studies may be necessary, "s hould the proposed activity require it."   
When such studies are done, what criteria are u sed to determine whether environmental impact 
assessments are needed? 
Is the investor made aware of the criteri a used to make this determination? 
Answer
 
The Government of Cape Verde confirms that plans, projects, work and the like, that by their nature, 
size and location are likely to cause significant incide nts in the environment, on the field and on the 
citizens’ quality of life, require prior environmenta l impact study.  The criteria used to determine 
whether environmental impact assessment is needed are: 
- Impact on quality of life, flora and fauna; 
- Impact on soil and sub-soil; 
- Impact on water, atmosphere and climate factors; 
- Impact on historical and natural treasures; - Impact on landscape; and  - Presence of toxic and dangerous waste materials. 
The Government of Cape Verde confirms that PROMEX provides a list of the minimum content 
required for the study of environmental impact to the investor. 
(f) State Ownership and Privatization policies Question 6 We appreciate that Cape Verde has moved aggressi vely to privatize many of its former state-
owned enterprises, as outlined in WT/ACC/CPV/3.   
We would appreciate information on which of the many forms of privatization, e.g., sale of 
shares, direct sale of the firm/enterprises, sale  of assets only, lease to private managers with 
state ownership, etc. were used in Cape Verde’s privatization.  WT/ACC/CPV/15 
 Page 5 
 
 
Are there any areas where state ownership is reta ined and will continue to be retained? What 
entities slated for privatizations remain in stat e hands at this point?  How much longer does 
Cape Verde believe it will take to  complete its privatization program? 
Answer  
The Government of Cape Verde confirms that th e privatization process u tilized sales of shares and 
direct sale of assets of the firm/enterprise.  Sale of assets only and lease to private managers with state 
ownership has never been used in Cape Verde’s privatization process. 
TACV, ENAPOR, EMPROFAC and CABENAVE are in the process of being privatized; studies are 
ongoing as to the preferred methods of privatizati on. The Government of Cape Verde winded up the 
affairs of EMPA. 
As stated above, the same four companies are bei ng privatized.  Privatization of these companies is a 
complex process.  Therefore, it is difficult to project a time for completion of the project. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES 
1. Powers of executive, legislative and judicial branches of government 
Question 7 
Concerning the requirements for publication in the official bulletin: - Are all normative acts, including customs rulings and judicial rulings of general 
application, published in the official bulletin? 
- We seek Cape Verde’s commitment that it will fully implement from the date of 
accession Article X of the GATT 1994 and th e other transparency requirements in WTO 
Agreements requiring notification and publication. 
- As required by WTO, we look for confirmation  that no law, regulation, judicial decision, 
administrative rulings, or other measures of general application pertaining to or 
affecting trade in goods, services, and TRIPS et c. would become effective or be enforced 
prior to such publication.  
- The publication of such laws, regulations and other measures should include the 
effective date of these measures and list th e products and services affected by the 
particular measure, identified by appropriat e tariff line and classification when this is 
relevant. 
Answer:
 
- The Government of Cape Verde confirms that  all normative acts, including customs rulings 
and judicial rulings of general application are published in the Official Bulletin. 
- The Government of Cape Verde provides this  commitment that it will fully implement from 
the date of accession Article X of the GATT 1994 and the other transparency requirements in WTO Agreements requiring notification and publication. 
- The Government of Cape Verde confirms th at no law, regulation, judicial decision, 
administrative rulings, or other measures of ge neral application pertaining to or affecting 
trade in goods, services, and TRIPS, etc., would b ecome effective or be enforced prior to such 
publication. 
- The Government of Cape Verde appreciates th e advice and will assure that the publication of 
such laws, regulations and other measures woul d include the effective date of these measures WT/ACC/CPV/15 
Page 6  
 
and list the products and services affected by the particular measure, identified by appropriate 
tariff line and classification when this is relevant. 
Question 8 
The response to Question 9 of WT/ACC/CPV/7 states that Cape Verde is contemplating 
establishment of an electronic edition of its Of ficial Bulletin.   We applaud Cape Verde’s 
initiative. Such a facility would assist in th e implementation of the WTO Agreements on TBT 
and SPS, and greatly aid in expanding transparency and reform. 
We think that this facility, updated on a regular  basis and readily ava ilable to WTO members, 
individuals and enterprises, could publish laws, reg ulations and other measures pertaining to or 
affecting trade in goods, services, and TRIPS prio r to enactment, with a reasonable period for 
comment before such measures are implemented,  except for those measures involving national 
emergency or security, or for which the publication would impede law enforcement. 
We accept the possibility that Cape Verde will require time and technical assistance for the 
broad establishment of such system, not on ly in the areas covered by SPS and TBT. 
Answer:
 
The Government of Cape Verde confirms its in tention to implement the system of electronic 
availability of the Official Bulletin. 
Cape Verde is pleased to accept th e concept that time and technica l assistance will be required for the 
establishment of such a system (electronic publication of Official Bulletins). 
5. Laws and Legal Acts 
Question 9 
Besides the new Customs Law, the Intellectua l Property Law, Amendments to the Law on 
Foreign Trade (Law 5/99), and the Law on arbitration and mediation, what specific other new laws or amendments to current laws are contemplated, e.g., for implementation of SPS, TBT, 
AD/CVD and Safeguards, Subsidies, and TRIPS?   
Answer:
 
The Government of Cape Verde, at this time, does not envisage any other laws, other than those 
specified in Cape Verde’s Action Plans. 
Please see answer to Question 10 (below) for a listi ng of Cape Verde’s Action Plans circulated to 
WTO Members. 
If, however, the Government of Cape Verde decides in the future to implement new legislation on 
those subjects discussed in the question, then the appropriate Action Pl ans will be amended or 
notification given to the WTO. 
Question 10 
Can we soon expect a legislative action plan, listing projected legislation, a description of its 
purpose, and a timetable for its development and enactment?    WT/ACC/CPV/15 
 Page 7 
 
 
Answer:  
A General Legislative Action Plan was circ ulated to WTO Members on 24 March 2004 as 
WT/ACC/CPV/12.  An Action Plan on Trade Related Intellectual Property Rights was circulated to 
WTO Members on 24 March 2004 as WT/ACC/CPV/9).  An Action Plan on the Implementation of the Agreement on Sanitary and Phytosanitary Measures was circulated to WTO Members on 
25 March 2004 as WT/ACC/CPV/10.  An Action Plan Re lated to the Arbitration Law was circulated 
to WTO Members on 25 March 2004 as WT/ACC/CPV/13.  An Action Plan on the Implementation of the Agreement of Technical Barriers to Trade w as circulated to WTO Members on 25 March 2004 as 
WT/ACC/CPV/11.  An Action Plan on Preparation, Adoption and Application of a Customs Code that includes Rules in Compliance with Article VII of GATT was circulated to WTO Members on 
6 April 2004 as WT/ACC/CPV/14. 
Question 11 
Can Cape Verde indicate that it will make dra fts of these laws available to the Working Party 
for review prior to accession to the WTO? 
While we understand that legal enactment and full WTO implementation in some aspects of 
Cape Verde’s trade regime may take time, we l ook forward to being able to reviewing key 
pieces of legislation in draft prior to accession. 
We understand that the draft Customs Code  may "contain a provision for delayed 
implementation, in accordance with negotiated terms of accession."  
We do not think that Cape Verde should artifici ally delay the implementation of any legislation 
that it is able to implement.  We hope that  the provisions of the new Customs Code will be 
implemented as soon as it is enacted. 
Answer:
 
The Government of Cape Verde pledges to WTO Me mbers that relevant laws , regulations and other 
normative acts and procedures in force now or enacted thereafter will comply with the WTO 
standards after the accession. 
The Government of Cape Verde confirms that key pi eces of draft legislation will be forwarded to the 
WTO Secretariat, prior, to accession, but afte r initial approval by the Council of Ministers. 
The Government of Cape Verde confirms that it will proceed, with all due diligence, to implement 
legislation required and necessary. 
The provisions of the new Customs Code will be implemented upon enactment, except for the 
provision applicable to Customs Valuation. Cape Ve rde is not artificially delaying the enactment of 
any future legislation. To be able to carry out th eir duties proficiently and effectively on the field of 
the implementation of Customs Valuation, Customs operational system and structure must be adapted 
to the new features and Customs Officials need professional capacity and expertness, adequate equipment and technical knowledge. Without these, a Law will be only one legal measure more in the 
formal world of laws and no more , and that will encourage fraud. WT/ACC/CPV/15 
Page 8  
 
6. Description of judicial, arbitral or administrative tribunals or procedures 
Question 12 Concerning the right to administrative and judicial appeal:  The response to Question 10 of 
WT/ACC/CPV/7 addresses the right to administra tive appeal for customs issues.  Please 
confirm that traders have recourse to administ rative appeals from administrative rulings in 
other areas covered by the WTO, e.g. for other aspects of rules on goods, services, and TRIPS, 
through the Customs and Fiscal courts. Please indica te any other relevant courts of jurisdiction. 
Answer:
 
The Government of Cape Verde is pleased to conf irm that traders have recourse to administrative 
appeals for administrative rulings covered by WT O Agreements (e.g. rules of origin) through the 
Customs and Fiscal Courts. 
However, for services and TRIPS, right to administrative appeals is to the Common Court or 
Administrative Court. However the future law, regulation and procedure on TRIPS will include the 
foremost measures on this matter. 
Question 13 
Concerning the right to administrative and judici al appeal:  Does the trader seeking to appeal 
have the choice of pursuing administrative appeals or going directly to the courts, or must all administrative appeal options be exhauste d first, prior to turning to the courts? 
Answer:
 
The trader may appeal to either of the two opti ons.  However, the first option does not offer enough 
warranty of effectiveness because: 
- The appeal does not suspend nor interrupt the deadlines of either the administrative court or 
judicial appeal, if the appeal is addressed to the wrong court or if an official or body are  
empowered by law to take decision under their own competence; 
- The administrative appeal does not suspend th e effectiveness of the act that has been 
appealed.  
Therefore, the only appeal with better eff ectiveness is to the administrative court.  
Question 14 
Concerning the right to administrative and judicial appeal:  The reply to Question 11 of 
WT/ACC/CPV/7 confirms that administrative rulings may be appealed to the courts.  
Which courts address appeals from administrative  rulings on WTO issues, e.g., trade in goods 
and services, and TRIPS? 
Answer:  
The answer to this question has been provi ded in the response to Question 12, above.  WT/ACC/CPV/15 
 Page 9 
 
 
Question 15 
The response to Question 13 of WT/ACC/CPV/7 stated that there is no arbitration and 
mediation law in Cape Verde, but th at a Draft Law is being prepared.  
Has this draft law now been submitted for enactm ent?  What are/will be its general provisions? 
Are appeals to international arbitration panels  currently allowed in commercial dispute cases 
involving foreign investors?  
Answer:  
The Government of Cape Verde confirms that the draft law on arbitration has not been submitted for 
enactment.  The general provisions are specified in  the Law on Arbitration Action Plan.  This Action 
Plan was circulated to WTO Members on 25 March 2004 as WT/ACC/CPV/13. 
The Cape Verde Judicial System allows appeals to international arbitration pa nels.  See Article 17 of 
Law No. 89/IV/93 of 13 December 1993, which has al ready been forwarded to the WTO in document 
WT/ACC/CPV/7/Add.1. 
Question 16 
Is Cape Verde a member of the International Ce nter for the Settlement of Investment Disputes 
(ICSID) headquartered in Washington, D.C.?   
Answer:  
No.  The Government of Cape Verde confirms that it is not a member of the International Center for 
Settlement of Investment Disputes (ICSID). 
Question 17 
The response to Question 13 of WT/ACC/CPV/7 stated that there is no arbitration and 
mediation law in Cape Verde, but that a Draft Law is being prepared.  What  is the timetable for 
implementation of the Law of Arbitration?  
Answer:  
The Government of Cape Verde prepared and subm itted an Action Plan related to the Arbitration 
Law. This Action Plan was circulated to WTO Members on 25 March 2004 as WT/ACC/CPV/13. 
The timetable for implementation of the Law of Ar bitration was set out in WT/ACC/CPV/13.  Please 
note, however, that the Ministry of Justice intends  to present a package for the Council of Ministers’ 
approval during the 3rd quarter of 2004, and might  be forwarded to the National Assembly for 
approval during the 4th quarter of 2004. 
Question 18 
Does Cape Verde plan to adhere to the 1994 Trea ty of Port-Louis and join the Organization 
pour L’Harmonisation des Droits D’Affaires en Afrique (OHADA), headquartered in Yaounde, 
Cameroon? This 16-country organization has b een involved in a comprehensive program of 
business harmonization and modernization throughout West and Central Africa. WT/ACC/CPV/15 
Page 10  
 
Answer:
 
The Government of Cape Verde confirms that it is not a signatory of the 1994 Treaty of Port Louis 
and has not joined the Organization pour l’Ha rmonisation des Droits D’Affaires en Afrique 
(OHADA), headquartered in Yaounde, Cameroon. 
There is a decision of the ECOWAS Authority of Heads of State and Government directing the 
ECOWAS Secretariat to conduct a study on the extension of the OHADA to remaining ECOWAS 
Member States. 
IV. POLICIES AFFECTING TRADE IN GOODS 
1. Import Regulation (a) Registration requirements for engaging in importing 
Question 19 
We would appreciate further clarification of  the nature and scope of the registration 
requirement for firms and individuals engaged in importing and exporting. 
Answer:
 
Please see answer to Question 22, below. Question 20 We understand that in order to conduct importation or exportation, a firm or individual must 
apply to the Chamber of Commerce for a permit  to do so.  The response to Question 15 of 
WT/ACC/CPV/7 states that “the Government has the power to establish general guidelines and oversee the activities of the Chamber of Commerce.” 
Please confirm that the duty of receiving applicat ions for import and export permits has been 
delegated to the Chamber of Commerce for the conv enience of traders.  Please confirm that this 
is in lieu of registration with the Conservatory of Commercial Registry. 
Answer:
 
The Government of Cape Verde confirms that in  order to conduct import and export operations the 
firm must apply to the Chamber of Commerce for a permit to do so. 
The Government of Cape Verde also confirms that  the registration of firms engaged in imports and 
exports has been delegated to the Chamber of Commerce. 
No, registration in the Chamber of Commerce is not in lieu of registration in the Conservatory of 
Commercial Registry. 
Question 21 
Please confirm that the Government of Cape  Verde monitors and regulates this service. 
Answer:  
The Government of Cape Verde is pleased to conf irm that the Ministry of Economy, Growth and 
Competitiveness monitors and regulates registration of firms conducting import and export business.   WT/ACC/CPV/15 
 Page 11 
 
 
Question 22 
How is membership in the Chamber of Commerce determined?  What are the qualifications for 
membership?   
Answer:  
Firms and individuals doing business in Cape Verde must first register with the Conservatory of 
Commercial Registration. 
Membership in the Chamber of Commerce is optiona l, at the discretion of interested person and 
distinct from registration as importer and/or exporter.  
The Chamber of Commerce is a non-governmental asso ciation of traders.  Members register as 
importers and exporters.  Members register with  the Chamber of Commerce once, and then the 
membership is renewed annually. 
Qualifications for membership are (1) be a co mmercial or industrial enterprise; (2) pay the 
membership fee; and (3) be a firm e ngaged in import and/or export operations. 
Please note that the Chamber of Commerce is obliged to assist all traders. 
Question 23 
Please confirm that a commercial import licence from the Chamber of Commerce is the same as 
"prior registration to exercise the import activity" with the Chamber, i.e., it is the same permit. 
Answer:  
The Government of Cape Verde confirms that a fi rm must register with the Chamber of Commerce 
before engaging in imports and exports.  That is what is meant as “prior registration”. 
The renewal takes place annually.  The Government  has the power to establish general guidelines and 
oversee the activities of the Chamber of Commerce. 
Question 24 
We understand that in order to conduct importation or exportation, a firm or individual must 
apply to the Chamber of Commerce for a permit to do so. Do international traders require any 
further form of commercial registration to import  or to export?  Does the import licence also 
grant the right to distribute imports within Cape Verde? 
Answer:  
See answer to Question 22 above.  International trad ers are not required, after registration, to fulfil 
any other requirements. 
The company registration allows the right to distribute imported goods within Cape Verde. 
Question 25 
Please specify all of the requirements, e.g., inve stment equity, to receive an import licence.  
Please describe all of the steps required by  the Chamber of Commerce to obtain this WT/ACC/CPV/15 
Page 12  
 
registration, which acts as a licence to import or to export.  Please provide the Working Party 
with copies of all necessary documentation. 
Answer:
 
The Government of Cape Verde confirms that the st eps to register with Chamber of Commerce are set 
forth in the answer to Question 22 above.  Fore ign investment companies (tourism, industrial, 
banking, insurance, etc) do not have to register with the Chamber of Commerce and can import freely 
for their needs. (Decree-Law No.108/89 of 30 December 1989, O.B. No. 52, 4th Supplement, of 30 December 1989; Law No. 89/IV/93, Official Bulletin No. 47/93; Law No. 21/IV/91 of 30 December 1991, published in Official Bulletin No. 52/1991, Supplement  have previously been 
forwarded to the WTO (WT/ACC/CPV/7/Add.1)). 
A new licensing system was recently put in place. Ministerial Ordinances No. 3/2004 and No. 4/2004, 
both of 26 January, published in the O.B. No. 2, 1st Series of 26 January 2004, introduced a licensing procedure (No. 3/2004 complemented by Minister ial Ordinance No. 13/2004 of 14 June and published 
in the O.B. No. 18/2004, I SERIES) and licensing ex emptions for passengers’ luggage and emigrants’ 
effects consigned to and for their families own use (No. 4/2004).  The licensing procedures are 
applicable to both import and exports.  Please note that licensing and company registration are two 
distinct and separate requirements in Cape Verde. 
The licence form is completed by the individual or fi rm and submitted for approval to the Department 
responsible for Trade in the island where the operation takes place. 
Ministerial Ordinances No.3/2004, No. 4/2004 and No. 13/2004 are attached in 
WT/ACC/CPV/15/Add.1.  A copy of the licence fo rm and instructions concerning completion and 
submitting the filled form for approval are pa rt of Ministerial Ordinance No. 13/2004. 
Question 26 
How does the Chamber of Commerce rule on an application for an import licence?  If the 
Chamber of Commerce chooses not to grant a comm ercial import licence, where and to whom 
does the potential importer appeal the decisi on?  Will the Government of Cape Verde 
intervene? 
Answer:
 
As stated previously, registration and import licence are two separate requirements.  The Chamber of 
Commerce is responsible for registration and the Ge neral Directorate of Commerce is responsible for 
licensing. 
If a licence is denied by the General Directorate of Commerce appeals can be made to the Minister of 
Economy, Growth and Competitiveness.  If the Minister  denies the appeal, an appeal can be made to 
the administrative court. 
Question 27 
Please clarify the scope of the list of exemptions from registration for import and export on page 
16 of WT/ACC/CPV/3 and as addressed in Questions 16-20 of WT/ACC/CPV/7: 
- Please confirm that the "consumption goods " referred to in this list are only those 
imported by the “social cultural, recreation, sports, and non-profit institutions, in the 
exercise of their activities.  WT/ACC/CPV/15 
 Page 13 
 
 
- Please describe more fully who utilizes the licensing and customs duties exemption for 
importation of "live animals, seeds, plants , pesticides, fertilizers, reagents, and other 
laboratory materials..."  Are these exempted  purchases made by th e Government to re-
distribute to Cape Verde’s farmers?  Are any private firms involved in purchases that 
receive the exemptions? 
Answer:  
The Government of Cape Verde confirms that: The "consumption goods" referred to in the list are only those imported by "social, cultural, 
recreation, sports, and non- profit institutions…." in the exercise of their activities; 
Yes. Experimental farms of the Ministry of Envi ronment, Agriculture and Fisheries and the private 
firms. 
Question 28 
Concerning the fee structure to obtain these permits/licenses, as outlined in response to 
Question 44 of WT/ACC/CPV/7:  Why is the import ers licence fee so much greater than that for 
exporters or domestic traders?  What sort of fe e is charged to domestic producers to register 
their businesses?  If it is lower than CVE 10,000,  how would such a fee structure be consistent 
with Article III of the GATT? 
Answer:
 
The Government of Cape Verde confirms that licenses and registrations are two separate 
requirements.  There is no fee as sociated with import/export licenses. 
The fees collected by the Chamber of Commerce,  for registration purposes from applicants, depend 
upon the type of operation they are involved in.  Al l importer firms, whether owned by foreigners or 
Cape Verdeans, pay the identical registration fee.  Likewise, all exporter firms, whether owned by 
foreigners or Cape Verdeans, pay the identical fee. 
Consequently, the Cape Verde fee structure is c onsistent with Article III of the GATT (national 
treatment).  
Question 29 Concerning the fee structure to obtain these permits/licenses, as outlined in response to 
Question 44 of WT/ACC/CPV/7:  How is the fee structure described in the response to Question 
44 consistent with the statement in the response to Question 45 that "the law establishes generically a requirement for a licence to exercise  commercial activity.  It does not distinguish 
between the various types. . .". 
Answer:
 
The Government of Cape Verde would like to clarify some points. First, in Question 44 of WT/ACC/CPV/7  the word  "tax" is wrong.  The correct words should have 
been "fees". 
Second, as stated previously, licenses and registrati on are two separate requirements.  This question 
deals with registration and not licenses. WT/ACC/CPV/15 
Page 14  
 
It is not mandatory to register with the Cham ber of Commerce unless the firm is engaged in 
commercial import and/or export activities.  Howeve r, firms engaged in co mmercial import and/or 
export activities must identify by Harmonized System sections the area(s) of operation.  The operator 
is free to change his initial HS section of activity. 
Question 30 
Concerning the fee structure to obtain these permits/licenses, as outlined in response to 
Question 44 of WT/ACC/CPV/7:  In addition, Ar ticle VIII of the GATT indicates that fees 
collected in conjunction with importation and ex portation should be related to the cost of 
services rendered.  How are the fees for importat ion and exportation related to the cost of 
licensing these activities? 
Answer:
 
The Government of Cape Verde would like to call the attention of Members to the fact that the annual 
fee of 10,000 CVE for import registration is only about US$100.00.  Likewise, the annual fee of 
5,000 CVE for export registration is only about US$50.  This fee includes the following services rendered: (1) processing the registration; (2) maintain  membership records; (3) maintain database of 
import/export information for members; (4) payment of meeting expenses; (5) payment for in-country 
and foreign travel; (6) dissemination of informa tion to members, and (7) many other activities. 
The Government of Cape Verde confirms that the cost  of the registration fee is  not inconsistent with 
Article VIII of GATT. 
Question 31 
Concerning the fee structure to obtain these permits/licenses, as outlined in response to 
Question 44 of WT/ACC/CPV/7:  Please provide copies of the laws and regulations that 
establish this system, e.g., Decree Law 50/2003 O.B. 39 of 24 November, and any others. 
Answer:
 
Copies of Decree-Law No. 50/2003 of 24 Nove mber 2004, Ministerial Ordinance 31/86 of 
6 September 1986 and Ministerial Ordinance 2/99 of 8 February 1999 are available in document 
WT/ACC/CPV/15/Add.1. 
Question 32 
WT/ACC/CPV/3 states that "a stamp tax in the amount of CVE 100" (less than 1 Euro) is 
applied to each export shipment declaration.  Is this tax applied to import documents as well?  
What service does it fund, other than collection of the fee?  
Answer:  
The Government of Cape Verde confirms that the st amp tax is a form of governmental certification of 
documents.  The stamp is applied to  import and export declarations. 
Question 33 
The requirements associated with obtaining the ri ght to import into and to export from Cape 
Verde appear to constitute a WTO-inconsiste nt restriction on trade, discriminating against 
imports vis-à-vis domestic production.  In particular, the requirement for a minimum level of 
equity investment and discriminatory licensing fees.  WT/ACC/CPV/15 
 Page 15 
 
 
We seek Cape Verde’s help in addressing these issues, to ensure that individuals and firm can 
become importers of record without the requireme nt to invest and without discriminatory fees. 
We do not see the right to import necessarily li nked to the right to distribute, which is the 
subject of separate negotiations for Cape Verde’s GATS Schedule. 
Answer:  
The Government of Cape Verde again points out that registration and licenses are two separate 
requirements. 
- Cape Verde only requires importers to have cap ital to operate their firm (including payment 
for imported goods and duties).  The registra tion fee of 10,000 CVE (about US$100) we 
believe is not a discriminatory fee, and a pplies to both nationals and foreigners. 
- There is no linkage between the right to import and the right to distribute. 
(b) Characteristics of national tariff 
Question 34 (i) Please describe how Cape Verde’s customs ta riffs recently changed.  Was this done on 
1 January 2004?   
(ii)  On how many lines did the customs tariff rate increase?   
(iii)  Did the rate of duty decline on any tariff lines?   (iv) What is the relationship of these chang es to the elimination of the many taxes and 
charges formerly applied to imports a nd replaced by the VAT on January 1? 
Answer:
 
The Government of Cape Verde is pleased to in form the WTO Secretariat and its Members that 
certain modifications to the Customs tariff rates, the Value Added Tax  and the Special Consumption 
Tax has been approved by the National Assembly but  not yet published. When the law is published in 
the Official Bulletin and available, a notification w ill be made to the WTO.  These measures will enter 
into force after their publication in the Official Bulletin. 
Furthermore: 
 (i) Cape Verde’s customs tariffs were change d and became effective on 1 January 2004. Cape 
Verde implemented a 15 per cent Value Adde d Tax (VAT) on 1 January 2004. The 15 per 
cent VAT  applies to both imports and domestic  products. The customs tariff was reduced on 
average by 12 per cent. 
(ii) According to information from Cape Verde’s Customs Headquarters, th e Customs tariff rate 
was not increased on any tariff line. 
(iii) Yes. 
(iv) The implementation of the VAT Tax and th e reduction in tariff rates was a program to 
simplify and rationalize Cape Verde’s fiscal syst em.  Of the many tax and charges formerly 
applied, the Special Consumption Tax, the 1. 04 per cent Customs user fees remain and the 
ECOWAS community levy.  
Subsequent to the implementation of the VAT, a nd the corresponding reductions in the Customs tariff 
rates, a significant shortfall in fiscal revenue co llections occurred.  These factors prompted the 
necessary corrective steps to be taken by the National Assembly. WT/ACC/CPV/15 
Page 16  
 
Question 35 
Please confirm that Cape Verde still uses HS 96. 
Answer:
 
The Government of Cape Verde is pleased to conf irm that HS 96 is still used as the basis of the 
customs tariff. 
(d) Other duties and charges, specify ing any charges for services rendered 
Question 36 We look forward to advice on the outcomes of the study of costs incurred by Customs in 
providing services and its assessment of how custom s fees ought to be set to ensure conformity 
with GATT Article VIII.  If the study is not complete, we would appreciate a status report. 
 Answer:
 
 The Government of Cape Verde, specifically the Customs Department, has not completed its 
assessment of how customs fees should be estab lished to conform to the GATT Article VIII. 
 
The Director General of Customs advises that the customs fees study is in the information gathering 
stage.  At this time, it is unknown when the customs fees study will be completed.  The Government of Cape Verde will provide a notification to the WTO upon completion of the 
customs fees studies. 
Question 37 Concerning the current 1.04 percent fee charged on  the CIF value of imports, we seek more 
information:  What services are actually provided to  those paying the current fee?  (ii)  Are the 
revenues placed in the general fund, or are they  reserved for some purpose”?  (iii) Are there any 
imports exempted from the fee?   (iv) What fo rm would any new fee take ?  (v) Please confirm 
that this fee will be altered or abolished in the new Customs Code. 
Answer:
 
(i) The 1.04 percent fee is basically a cust oms user fee, or merchandise-processing fee. 
(ii) The revenues are placed in the general fund, and reserved for other purposes (such as 
improvements in Customs buildings, equipment, vehicles, sick leaves, etc.). 
(iii) No, all imports are subject to the payment of the fee. 
(iv) See response to Question 36 above.  The Ca pe Verde Customs Department is undertaking a 
study of the customs user fee. The results of this study will establish the parameters of Cape 
Verde’s customs user fees, in acco rdance with GATT Article VIII. 
(v) The Government of Cape Verde confirms that  this fee may be altered in the new Customs 
Code, if the results of the user fees study so recommends. 
(f) Import licensing procedures Question 38 Concerning the requirements applied by Cape V erde for importation, the response to Question 
32 of WT/ACC/CPV/7and others states that "no product is subject to an import licence."  WT/ACC/CPV/15 
 Page 17 
 
 
(i) We believe that this perspective requires a cceptance of too narrow a definition of the 
term, import licensing, and of the types of permits and approvals required by Cape Verde.  
(ii) The same response notes "products subject  to a special import regime" where their 
importation is limited to specific entities.   This arrangement arguably meets the 
definition of import licensing under th e WTO Agreement on Import Licensing 
Procedure.  It also qualifies as a state trading program, in that only designated traders may import. 
(iii) In addition, the requirement for “prior registration” and approval by the Government 
as an importer, is based on substantive cri teria.  The "procedures and documentation to 
request a licence (prior authorization) are defined in Decree Law No. 5/99 of 
1 February." 
Whether or not Cape Verde is prepared to accept the label for these requirements, we need 
further clarification and information on them.  Cape Verde should re-evaluate its regime and respond positively to the recommendation that it provides the information requested in the 
Import Licensing Questionnaire on its licensing systems. 
Answer:
 
Registration and licence are two separate requirements in Cape Verde. (i) When the answer to Question 32 of WT/ACC/CPV/7 was prepared, the current import 
licensing procedures were not in effect.  Mini sterial Ordinances No. 3/2004 and No. 4/2004, 
both of 26 January, published in the O.B. No. 2, 1st Series of 26 January 2004, introduced a 
licensing procedure (No. 3/2004 complemented by Ministerial Ordinance No. 13/2004 of 14 
June and published in the O.B. No. 18/20 04, I SERIES) and licensing exemptions for 
passengers’ luggage and emigrants’ effects c onsigned to and for their families own use 
(No. 4/2004).  The licensing procedures are applicable to both import and exports. The 
licence form is completed by the individual or firm and submitted for approval to the 
Department responsible for Trade in the isla nd where the operation takes place.Ministerial 
Ordinances No.3/2004, No. 4/2004 and No. 13/2004 are attached in WT/ACC/CPV/15/Add.1.  
A copy of the licence form and instructions concerning completion and submitting the filled form for approval are part of Ministerial Ordinance No. 13/2004; 
(ii) The Government of Cape Verde confirms that a licensing requirement is now in effect; 
(iii) The Government of Cape Verde confirms that Decree-Law No. 5/99 of 1 February is no 
longer in effect.  The applicable procedures are defined in Decree-Law No. 50/2003 of 
24 November 2003 published in O.B. No. 39/ 2003, I Series, and published again with 
corrections in O.B. No. 9 of 22 March 2004. 
Question 39 
Concerning the permit to import: 
- We recognize this requirement as both a co rporate registration requirement and a form 
of comprehensive import/export activity licen ce.  As such, it should be considered an 
import licence within the meaning of  the Import Licensing Agreement. 
- Cape Verde has noted that it takes a maximu m of 30 days for licence to be approved or 
denied.  This would imply that none of these requirements would be considered "automatic licensing," which by definition takes a maximum of only 10 days.  Can Cape 
Verde confirm that its licensing is "non-automatic?"  Please list the criteria for WT/ACC/CPV/15 
Page 18  
 
receiving the licence, and indicate for each on e where there is discretion as to whether to 
grant the licence. 
Answer:
 
Registration and licensing are two separate issues. The Government of Cape Verde h as implemented new licensing requirements.  Effective 26 January 
2004, a non-automatic licensing requirement was im plemented for all products imported to or 
exported from Cape Verde (Ministerial Ordi nance No. 3/2004 of 26 January 2004)   
Ministerial Ordinances No. 3/2004 and No. 4/2004, bo th of 26 January, published in the O.B. No. 2, 
1st Series of 26 January 2004, introduced a licensing procedure (No. 3/2004 complemented by Ministerial Ordinance No. 13/2004 of 14 June and published in the O.B. No. 18/2004, I SERIES) and 
licensing exemptions for passengers’ luggage and em igrants’ effects consigned to and for their 
families own use (No. 4/2004).  The licensing proce dures are applicable to both import and exports.  
Please note that licensing and company registration are two distinct and separate requirements in Cape Verde. The licence form is completed by the indi vidual or firm and submitted for approval to the 
department responsible for trade in th e island where the operation takes place. 
Ministerial Ordinances No.3/2004, No. 4/2004 and No. 13/2004 are attached in 
WT/ACC/CPV/15/Add.1.  A copy of the licence fo rm and instructions concerning completion and 
submitting the filled form for approval are pa rt of Ministerial Ordinance No. 13/2004. 
Question 40 
Concerning the products subject to internatio nal trade restrictions listed in the response to 
Question 38 of WT/ACC/CPV/7:  Please provide the source of the international trade 
restrictions (i.e., Agreement, Treaty, Conv ention) for each specific restriction. 
Answer:
 
The Government of Cape Verde confirms that the in ternational trade restrictions listed in Question 38 
of WT/ACC/CPV/7 are contained in the ECOWAS Treaty and Decree-Law No. 29/93 of 24 May 1993, B. O. No. 18/93, I Series. 
Question 41 Please confirm whether, in all cases, the restrictio ns are applied through designation of specific 
entities to import these goods, i.e., as outlined in the response to Question 32 of WT/ACC/CPV/7.   
Answer:
 
The Government of Cape Verde confirms that rest rictions are applied through designation of specific 
entities to import those goods as outlined in th e response to Question 32 of WT/ACC/CPV/7. 
We would like to add that weapons and munitions  are imported exclusively by the Ministry of 
Defense and the Ministry of Home Affairs. 
Question 42 
Concerning the products subject to internatio nal trade restrictions listed in the response to 
Question 38 of WT/ACC/CPV/7:  Are licenses granted by the Government for the importation  WT/ACC/CPV/15 
 Page 19 
 
 
of these goods by these firms? If not, how is th e exclusive right to import administered?  Are 
there any substantive criteria applied to granting import rights for these it ems, e.g., for safety 
reasons?  Are there quantitative limitations? 
Answer:  
Licenses for goods subject to international trade rest rictions are not granted by the Government for 
importation of these goods to firms.  Certain goods on the list are imported by the following 
Government agencies: 
- Precious metals for monetary use - Central Bank of Cape Verde; 
- Weapons and munitions -  Ministry of De fense and Ministry of Home Affairs; 
- Nuclear and radioactive products and waste are prohibited; 
- Yes, substantive criteria are applied, especially for safety reasons; 
- No, there are no quantitative limitations. 
Question 43 
Concerning the products subject to international trade restrictions please outline how similar 
restrictions are administered for any domestic production of these articles, e.g., tobacco, 
weapons, precious metals, radioactive materials (e.g., for medical purposes), and collections and 
specimens of animals, plans, antiques, coins, etc.). 
Answer:  
The Government of Cape Verde confirms that th ere is no domestic production on any of the items 
listed in Question 38 of WT/ACC/CPV/7, with the exception of tobacco.  However, the production of 
tobacco in Cape Verde is insignificant, a nd is not used in industrial production. 
Question 44 Concerning the products subject to internatio nal trade restrictions listed in the response to 
Question 38 of WT/ACC/CPV/7 please describe how EMPROFAC administers its exclusive right to import pharmaceuticals, e.g., through licensing? 
We seek to establish that the restrictions applie d by Cape Verde have a legitimate WTO basis, 
and that the form of application is WTO consiste nt, inter alia, with regard to Articles II, III, 
VIII, XI, XVII, XX, and XXI of the GATT and the provisions of the WTO Agreements on Import Licensing Procedures, TBT, SPS, etc.  We ask for Cape Verde’s cooperation in 
establishing the facts and addressing any identified issues. 
Answer:
 
The Government of Cape Verde confirms that  EMPROFAC has a monopoly for pharmaceuticals, 
imports and buying domestically produced products from INPHARMA.  Distribution to pharmacies in 
Cape Verde is also a monopoly.  The Government of Cape Verde is in the process of privatizing 
EMPROPHAC during the year 2005. 
Question 45 
Concerning the importation of staple products a re the staple products listed in the response to 
Question 37 of WT/ACC/CPV/7 the only ones, in Cape Verde’s view, subject to import 
licensing.  If there are others, please provide a coverage list with HS numbers.   WT/ACC/CPV/15 
Page 20  
 
Answer:
 
Import licensing and registration of firms as importer and/or exporter are two distinct requirements. 
The Government of Cape Verde confirms that the staple products listed in the response to Question 37 
were the only ones at the time Question 37 of WT/ACC/CPV/7 was answered. 
However, wheat flour was added by Ministerial Ordinance No. 6/2004 of 16 February (attached in 
document WT/ACC/CPV/15/Add.1). 
Table 2  
HS Description Regime 
11.01.00 Wheat Flour Maximum Price 
 
(h) Customs valuation 
Question 46 Concerning Question 46 of WT/ACC/CPV/7 and Annex 4 of WT/ACC/CPV/3:  Cape Verde is in 
the process of drafting a new Customs Code in which it intends to incorporate the required 
principles and values of the WTO Customs Valuat ion Agreement.  A five-year Action Plan for 
implementation has just been submitted and will  soon be formally circulated to the Working 
Party.  We look forward to formal review of this document at a later stage. 
We suggest that Cape Verde’s Customs Valuat ion action plan should address the specific 
aspects of the WTO Agreement on Customs Valu ation contained in the questionnaire in Annex 
IV of WT/ACC/CPV/3, i.e., by providing a list of specific measures to be accomplished and a 
timeline to do it, based on the categories in the questionnaire. 
This will facilitate the provision of techni cal assistance to implement the Agreement. 
Answer:
 
The Government of Cape Verde appreciates the sugg estions made by Members and agrees to review 
the Customs Code Action Plan as suggested and requested above. 
The Government of Cape Verde agrees that this  action will facilitate the providing of technical 
assistance to implement the Customs Valuation Agreement. 
Question 47 
It is important that Cape Verde address, at an  early stage, its use of prohibited valuation 
methods. Please list, by HS number, all imports currently subject to import reference prices or minimum import valuations. 
Answer:
 
The Government of Cape Verde confirms the follo wing import currently subject to import reference 
or minimum prices for the importation of the following:  WT/ACC/CPV/15 
 Page 21 
 
 
Table 3  
H.S. Description Regime Amount 
0207.11.00 
through 
0207.14.00 Chicken Meat Reference Price* 
Minimum price 235,00 CVE 
145,00 CVE 
*Regulatory Decree No. 2/2002, of 2 August (O.B. No. 24, 1st Series, of 12 August) 
Question 48 
It is important that Cape Verde address, at an  early stage, its use of prohibited valuation 
methods. Does the new Customs Code eliminate the use of import reference prices, or minimum import prices, as required by the Customs Valu ation Agreement? If not,  specifically how does 
Cape Verde intend to provide for their elimination or prohibition? 
Answer:
 
The Government of Cape Verde confirms that it en visages the elimination of import reference prices, 
or minimum import prices, as required by the Customs Valuation Agreement. 
Question 49 
It is important that Cape Verde address, at an  early stage, its use of prohibited valuation 
methods. We would like to work with Cape Verd e to convert these measures to WTO-consistent 
forms of import regulation as soon as possible. 
Answer:  
The Government of Cape Verde appreciates the offer of assistance by Members to convert these 
measures (prohibited valuation methods) to WTO-c onsistent forms of impor t regulation. The draft 
Customs Code does not permit the use of the prohib ited valuation methods. T hus, Cape Verde is in 
the process of converting these measures to a WTO-consistent form. 
(k) Application of internal taxes on imports 
Question 50 Concerning the response to Question 51 of WT/ACC/CPV/7:  All internal taxes on imports are 
pledged to be eliminated upon implementation of  the 15 per cent VAT in January 2004, "except 
the special tax on consumption".  
Please confirm that this has been accomplished and includes, inter alia, the administrative 
General Emolument Tax of 9 percent (C.I.F.) applied to all imports. 
Answer:
 
The Government of Cape Verde c onfirms that new Law relating to the 15 per cent VAT, in force from 
January 2004, eliminated all internal taxes on im ports, with the exception of the special tax on 
consumption.  The Government of Cape Verde c onfirms that the General Emolument Tax of 9 per 
cent on imports was eliminated on 1 January 2004 when the VAT became effective. WT/ACC/CPV/15 
Page 22  
 
Question 51 
WT/ACC/CPV/3 indicates that the consumption tax applies to certain imported products at 
rates of 10, 20, 30, and 60 per cent.  Please list a ll products subject to this tax, by HS item line 
number, and the rate at which it is applied in each case.   
Answer:
 
The Government of Cape Verde confirms that th e Consumption Tax (not Special Consumption Tax) 
was eliminated on 1 January 2004, when the Value A dded Tax became effective.  Thus, is not possible 
to present the requested list. 
Question 52  
Are there any taxes left that do not apply equally to imports and domestic production? If so, for 
which products? Does the Special Consumption Tax apply equally to imports and domestic 
production for all products? If not, please list those products (and the corresponding tax rates) 
where the Special Consumption Tax is not e qual for domestic and imported varieties. 
Answer:  
The Government of Cape Verde confirms that ther e are no other taxes that do not apply equally to 
imports and domestic products. Likewise, the Special  Consumption Tax applies equally to imports 
and domestic production for all products. 
Question 53 
Please confirm that the products that are exempt ed from VAT listed in the table in the response 
to Question 27 of WT/ACC/CPV/7, "Goods subject to complete exemption or right to deduction", apply to imports as well as domestic production.  Please list those products (if any) 
where the VAT for domestic and imported varieties is not equal. 
Answer:
 
The Government of Cape Verde confirms that the products that are exempted from VAT listed in the 
table in the response to Question 27 of WT/A CC/CPV/7applies to imports as well as domestic 
production. There are no products where the VAT for domestic and imported vari eties is not equal. 
(l) Rules of origin Question 54 The response to Question 52 of WT/ACC/CPV/7 does not answer the question. We are seeking a 
commitment from Cape Verde that its new legisl ation will contain a specific provision of the 
WTO Agreement on Rules of Origin. 
In particular, we seek confirmation that the new Customs legislation will implement the 
requirements of Article 2(h) and Annex II, para graph 3(d) of the Agreement, which require 
provision upon request of an assessment of the or igin of the import and outline the terms under 
which it will be provided, will be include d in the text.  Is that contemplated?  WT/ACC/CPV/15 
 Page 23 
 
 
Answer:  
The Government of Cape Verde confirms that the new Customs legislation will implement the 
requirements of Article 2(h) and A nnex II, paragraph 3(d) of the Agre ement. They will be included in 
the text of the new Customs Code. 
Question 55 
Do the ECOWAS "rules of origin" or the ECOWAS Protocol on rules of origin contain these 
provisions? 
Answer:  
Yes, the ECOWAS “rules of origin” or the ECOWAS  Protocol on rules of origin contain provisions 
that are in conformity with the WTO Rules of Origin Agreement. 
(m,n,o) Anti-dumping, countervai ling duty and safeguard regimes 
Question 56 We need more information on Cape Verde’s curr ent safeguard practices and its intentions for 
further legislation, as these issues are not fully  addressed in the response to Question 53 of 
WT/ACC/CPV/7. 
Please describe the nature of the WTO-inconsistent safeguard provisions on poultry, frozen and 
chilled, whole or pieces (as contained in Article 3 of Decree Law No. 3/99 of 1 February 1999).  
Is this measure still in place?  To which speci fic countries does this measure currently apply?  
Answer
: 
Cape Verde does not have a safeguard measure la w, per se.  Article 3 of Decree-law 3/99 of 
1 February, provides for Cape Verde to resort to the application of safeguard measures, when the 
import of a specific good causes or threatens to cau se serious damage to the national economy or to 
the public health.  It was written in the fra mework of the liberalization of trade. 
This safeguards-like measure still exists and a pplies to chicken meat from all countries. 
Question 57 
We need more information on Cape Verde’s curr ent safeguard practices and its intentions for 
further legislation, as these issues are not fully  addressed in the response to Question 53 of 
WT/ACC/CPV/7. Please confirm that Cape Verde in tends to deal with this issue by providing 
for WTO consistent measures of trade regulation in  this area, e.g., in the new Customs Code. Is 
separate general safeguard legislation consistent with WTO provisions also contemplated?  Please describe current efforts being made to address this.  
We would like to see the import measures appl ied to poultry brought into conformity with 
WTO provisions as soon as possible, and prior to accession, based on finding mutually agreed 
WTO-consistent methods of trade regulation for these products. 
More broadly, we seek confirmation from Cape Verd e that it will not apply any safeguard, anti-
dumping, or countervailing duty measures until having  enacted appropriate laws in conformity 
with the provisions of WTO Agreements on Safegu ards, the Implementation of Article VI of the WT/ACC/CPV/15 
Page 24  
 
GATT, and on Subsidies and Countervailing Measures,  and notified these laws to the WTO.  
We seek a commitment that after accession Cape V erde would apply any such measures only in 
conformity with the relevant WTO provisions.  
Answer
: 
The Government of Cape Verde confirms that after accession as a WTO Member, Cape Verde will 
apply anti-dumping, countervailing dut y and safeguard measures only in conformity with the relevant 
WTO provisions. 
The Government of Cape Verde co nfirms that it intends to bring its safeguard legislation into 
conformity with the requirements of WTO measures on trade regulation. 
The Government of Cape Verde is examining the qu estion of safeguard measures.  The drafting of a 
WTO consistent Safeguard Measures Law is under consid eration.  When a decision is made, a copy of 
the draft law will be made available to the WTO. 
2. Export Regulation 
(b) Customs tariff nomenclature, types of  duties, weighted averages of rates 
Question 58 
Please confirm whether Cape Verde currently appli es any export duties.  If so, please list them 
and their rates by HS tariff line number. 
Answer:  
The Government of Cape Verde confirms that no export duties are applied. 
Question 59 
WT/ACC/CPV/3 states that “a stamp tax in the amount of CVE 100" (less than 1 Euro) is 
applied to each export shipment declaration.  Wh at service does it fund, other than collection of 
the fee? 
Answer:  
The Government of Cape Verde confirms that the st amp tax is a form of Government certification of 
the document. 
(d) Export licensing procedures Question 60 How is the prohibition on the export of endang ered species of Flora and Fauna carried out?  Is 
licensing used? 
Answer
: 
Cape Verde is not a signatory to the Washington  (International Convention on Endangered Species of 
Flora and Fauna.  Customs officers carry out the enforcement of, and prohibition on, the export of 
endangered species of Flora and Fauna.  WT/ACC/CPV/15 
 Page 25 
 
 
Yes, licensing is used.  Licenses are issued by the Ministry of Envir onment, Agriculture and Fisheries, 
except if there is an imperative prohibition under th e provisions of the Law No. 86/IV/93, of 26 June 
1993 published in the O.B. No. 27/1993, I Series. 
(f) Export financing, subsidy and promotion policies 
(g) Export performance requirements 
Question 61 
Concerning the response to Questions 48-50, 57 and 58 of WT/ACC/CPV/7: - These responses list five laws that provide tariff and tax exemptions “directed at 
encouraging economic activities in specific pr oductive sectors” and for export oriented 
"franc enterprises." 
- For these five programs, i.e., those provide d by (a) the Foreign Investment Law, 
No. 89/1V/93; (b) Law No. 92/IV/93; (c) The Industrial Statute, Decree Law No. 108/89; and (d) Tourist Utility Law No 42/IV/92; or (e) Law No. 99/IV/93 of 31 December, it 
appears that the laws noted in (a) (b), (c), and (e) provide for tax and customs 
exemptions and other benefits based on ex port performance, mostly through revenues 
foregone. 
- Are there any other government provided be nefits focused on specific industries or 
whether they are dependent on export performance or local content criteria? 
Comprehensive information on the subsidies gr anted by Cape Verde that conflict with the 
provisions of Article 3 of the WTO SCM Agreement should be developed, using what has already been provided, and augmenting it, as n ecessary to provide a clear and complete picture 
of the incentives provided, in order to be able  to address them both in the context of Cape 
Verde’s LDC status and in the longer term. 
We urge Cape Verde to use this opportunity to  review its industrial policies and to reorganize 
its incentives and subsidies for industry and expo rt in a WTO consistent fashion, recognizing 
that any exemptions from WTO provisions relat ed to its LDC status are possibly transitory. 
Answer:
 
Cape Verde would like to reassert its claim as an LDC as stated in the answer to Question 18 of 
WT/ACC/CPV/8. 
Cape Verde envisages that it will conduct a study on  industrial policies as suggested by Members. 
The Government of Cape Verde confirms that there are no other government benefits focuses on 
specific industries.  Cape Verde also confirms that it has no local content requirement. 
(h) Import duty drawback schemes Question 62 Please give an up to date legal citation for th e duty-drawback systems operated or contemplated 
by Cape Verde? WT/ACC/CPV/15 
Page 26  
 
Answer
: 
The Government of Cape Verde confirms that Decree-Law 32115 of 7 July 1942 (copy previously 
provided) is the duty drawback law still in effect in Cape Verde. 
Cape Verde does not envisage creating a new duty-drawback law. 
Question 63 
We seek a comprehensive listing and description of all incentives and subsidies for domestic 
production and export.  We are mindful of Cape  Verde’s LDC status.  However, the reporting 
on these issues in the documentation is fragmented and unclear.  We ask for Cape Verde’s assistance in addressing this issue. 
WT/ACC/CPV/3 states that there are import  duty drawback programs for olive oil and 
vegetable oil for human consumption. Please provide  a list, by HS tariff code, for all products 
where an import duty drawback program is applie d, with particular attention to agricultural 
products. Could we have more specific informat ion on the operation of these programs? Do any 
of the programs listed in section (g) incorporate th e characteristics of a duty drawback system?   
Answer
: 
The Government of Cape Verde would like to call to the attention of Members that WT/ACC/CPV/3 
did not state that there "are" import duty drawback programs for olive oil and vegetable oil for human 
consumption. Please note that the "past" tense of th e verb was used (i.e. "Benefiting from this regime 
were..."). 
The final paragraph of Section IV. 2. (h) provid es that “Although a general duty drawback scheme 
exists in Cape Verde Customs Law, it is no longer in use because more favorable regimes (temporary 
imports, Franc (Free) Zones and others) were crea ted and came into use. No answer on this is 
therefore required in view of the general comment  above. Cape Verde will confirm that there are no 
duty drawback programs applicable to agricultural products. 
The Government of Cape Verde c onfirms that there is a duty exem ption in the Foreign Investment 
Law and Tourism Utility Law. 
3. Internal Policy Affecting Foreign Trade in Goods (a) Industrial policy, including subsidy policies Question 64 Concerning the response to Question 22 of WT/ACC/ CPV/7:  Please provide legal citations for 
the authority to apply the incentive programs of the programs listed in this section, i.e., support 
to agriculture/fisheries through financial a ssistance/access to credit and the supply of 
equipment; and incentives to the transpor tation industry (maritime, road and air 
transportation) and communications sector. 
In addition, please outline the character of these incentives, whether they are focused on specific 
industries, and whether they are dependent on export performance or local content criteria. 
Please indicate whether the programs listed in th eir response to Question 22 are administered in 
conformity with Article 3 of the WTO Agreeme nt on Subsidies and Countervailing Measures 
(Subsidies Agreement), i.e., do not provide prohibit ed export or import substitution subsidies?  WT/ACC/CPV/15 
 Page 27 
 
 
Cape Verde should begin now to prepare its notifi cation of subsidies as provided for in Article 
25 of the WTO SCM Agreement. 
Answer : 
The Government of Cape Verde confirms that: The information provided on Question 22 of WT/ACC/ CPV/7 was accurate at that time.  However, 
since then the existing fund: 
- For agriculture was closed and no  longer exists.  Also, there are zero tariff rates for breeding 
livestock, seeds and plants for agriculture, fertilizers, pesticides and similar products. 
- For fishing, there are some incentives for ice and fuel, and access to credit. 
Concerning the transportation industry (maritime, ro ad, and air transport, and to the communications 
sector, these are normal infrastructure projects and no incentives are given. 
The incentives applicable to these areas are focused specifically  on the activities.  They are not 
dependent on export performance or on local content criteria.  Cape Verde is a resource poor country.  
Thus, all raw materials and subsidiaries are im ported.  There is no local content at all. 
With regard to the activities involved in the answ er to Question 22 of WT/ACC/CPV/7, all of the 
programs are administered in conformity with Ar ticle 3 of the WTO Agreement on Subsidies and 
Countervailing Duty Measures. 
The Government of Cape Verde is preparing a tend er for a study of the industrial sector.  The laws 
and regulations amended if the results of the study so recommend will be the subject of the 
notifications to the WTO. 
Question 65 
Concerning the response to Questions 48-50, 57  and 58 of WT/ACC/CPV/7:  These responses 
list five laws that provide tariff and tax exemptio ns “directed at encouraging economic activities 
in specific productive sectors” and for export oriented “franc enterprises.” 
Is this list exhaustive of the programs that meet  the definition of “subsidy” in Article 1 of the 
WTO Agreement on Subsidies and Countervailing Measures that provide incentives for 
domestic production and export?  If no t, please give us all other citations. 
Answer
: 
Yes. 
(b) Technical regulations and standards, in cluding measures taken at the border with 
respect to imports 
Question 66 
While recognizing Cape Verde’s current lack of capacity to apply the provisions of the TBT 
Agreement, we believe it is important for Cape Verde to use the opportunity of the accession 
process to address as many of these issues as possi ble.  In particular, we would like to see the 
early establishment of an enquiry point and facility for publication of all TBT requirements 
prior to enactment for public comment. WT/ACC/CPV/15 
Page 28  
 
We note Cape Verde’s current lack of a form al regime for the application of technical 
requirements for non-agricultural imports, as outlined in WT/ACC/CPV/6. 
We believe it is important, however, that Ca pe Verde’s compliance with the transparency and 
other general requirements of the TBT Agreement be addressed as part of the accession. 
Answer
: 
The Government of Cape Verde confirms that it will comply with transparency and other general 
requirements of the TBT Agreement as part of the accession process. 
Question 67 
We understand that there are plans for the establish ment of an enquiry point.  We seek specific 
information on Cape Verde’s timeline for accomplishing this. 
Answer : 
The Government of Cape Verde confirms that the Enquiry Point for TBT issues will be the 
WTO/Trade Policy Unit in the Ministry of  Economy, Growth and Competitiveness. 
The WTO Unit is currently operating as Cape Verd e’s focal point in the WTO accession process. 
Question 68 
We also understand that Cape Verde is contemplating establishment of institutions to notify, 
develop and apply technical regulations in a ccordance with Article 2 of the TBT Agreement.  
Whatever the eventual timing for the realization of  these plans, we will need a specific proposal 
for accomplishing this, with a timeline. 
Answer : 
The Government of Cape Verde confirms that th e Trade Policy/WTO Unit was created within the 
Ministry of Economy and is operating as the TBT Enquiry point. 
Cape Verde requires assistance to assess its needs in the development and a pplication of technical 
regulations in accordance with Article 2 of the TBT Agreement. 
When this assessment assistance is provided and comp leted, then Cape Verde will notify the WTO of 
specific proposals including the timeline. 
Question 69 Are there currently any safety requirements administered as part of a program for consumer 
protection?  If so, the recognition of those requirements as technical regulations may be 
indicated.  What sort of technical regulations are involved in Cape Verde’s import regime for 
nuclear materials, munitions, and oth er potentially hazardous materials?   
Answer
: 
The Government of Cape Verde confirms that there are no safety requirements administered as part of 
a program for consumer protection. Law No. 88/V/99 of 31 December 1998 published in the 
O.B. No. 48/1998, I Series, 5th Supplement, approv es the legal regime for consumers protection and 
defense but the National Consumption Council is yet to be created.  WT/ACC/CPV/15 
 Page 29 
 
 
The importation into Cape Verde of nuclear mate rials and other potentially hazardous materials is 
prohibited. 
As stated previously in the answer to Question 41 above, weapons and muniti ons may be imported by 
the Ministry of Defense. 
(c) Sanitary and phytosanitary measures, incl uding measures taken with respect to imports 
Question 70 
We thank Cape Verde for submitting its ch ecklist for the implementation of the WTO 
Agreement on SPS, in WT/ACC/CPV/6.  The inform ation is very helpful.  We understand that 
Cape Verde has developed an action plan to acco mplish this.  We look forward to formal review 
of this document at a later stage.  
As we move forward in our review of Cape Verd e’s SPS regime, it will be important that Cape 
Verde’s SPS action plan be used to complement  the information provided in the SPS checklist, 
i.e., by providing a list of specific measures to be accomplished and a timeline to fulfill the items 
in the checklist.  
We need additional information concerning Cape  Verde’s action plan before we can comment 
on Cape Verde’s request for a transition period for implementation of the SPS Agreement. 
Answer : 
Cape Verde is only at the starting point of creati ng and implementing a science–based control of SPS.  
We need an assessment of material  needs, education and training of  personnel.  We cannot satisfy a 
request for specifics until our  needs are first assessed. 
Consequently, Cape Verde requests the assistance of  an expert to perform the assessment before 
presenting the real needs. 
Question 71 
The early establishment and operation of an enquiry point is an important part of the 
development of a transparent SPS in frastructure and one of the very first steps that Cape Verde 
should take to bring its system into  compliance with the WTO SPS Agreement.  
We take positive note that, according to th e SPS Checklist (WT/ACC/CPV/6), Cape Verde is 
planning to establish an enquiry point in the Mini stry of Agriculture. The roles of the enquiry 
point are to act as a Contact Point for Info rmation and to submit WTO notifications as 
appropriate. Can Cape Verde please explain why it cannot establish an enquiry point until 2007?  We consider this to be a basic threshol d issue and the enquiry point needs to be 
established and operational as soon as possible.   Please explain what specific equipment and 
training Cape Verde needs in ord er to train enquiry point personnel. 
An enquiry point does not necessarily require substantial resources and can be implemented 
relatively quickly.  We are ready to work with Ca pe Verde to identify ways it can facilitate the 
development of the enquiry point.  
We also suggest, as a matter of urgency, that Cape Verde look to establishment of procedures 
for adopting measures applied to trade relating to concerns with human, animal and plant 
health are in conformity with the requirements of  the SPS Agreement.  In this regard, the early WT/ACC/CPV/15 
Page 30  
 
establishment of a facility for publication prior to enactment for public comment of all SPS 
requirements legally enforced in Cape Verde.  
Answer
: 
The Government of Cape Verde agrees with th e general comments provided by the Delegation. 
The Government of Cape Verde confirms that th e Enquiry point for Sanitary and Phytosanitary 
measures is located in the Ministry of th e Environment, Agriculture and Fisheries. 
The Government of Cape Verde is hereby notifyi ng the Members and the WTO Secretariat that the 
Enquiry point will be established immediately. 
The SPS Action Plan will be amended accordingly.  To be able to present a comprehensive 
explanation, as stated before in response to Qu estion 70 above, an assessm ent of the SPS and TBT 
Enquiry Points needs is necessary. 
Question 72 
Regulations Based on Science:  We understand that Cape Verde currently does not have any 
legal instruments that require that SPS regulations  be based on science. Does Cape Verde plan 
to introduce new legal requirements making it ma ndatory that food safety, animal health, and 
plant health decisions be based on science? And ri sk assessment and, if so, when will they be 
enacted?  If Cape Verde has any current SPS regul ations not based on science, please submit 
the plans on when these will be changed. 
Answer : 
The Government of Cape Verde plans to introdu ce new legal requirements on food safety, animal 
health and plant health based on science. 
See answer to Question 70 above. 
Question 73 
We note that Cape Verde does not have to  have its own specific SPS standards for all 
agricultural products in order to fulfill the re quirements of the SPS Agreement.  We would like 
to point out that Cape Verde can adopt the int ernational standards of Co dex, the International 
Plant Protection Convention (IPPC), and the In ternational Office of Epizootics (OIE), while 
upgrading the necessary SPS personnel, facilities and systems necessary in order to establish 
their own standards. 
We also take positive note that Cape Verd e is a member of Codex.  The SPS Agreement does 
encourage governments to “harmonize” or base th eir national measures on the international 
standards, guidelines and recommendations deve loped by WTO member governments in other 
international organizations.  These organizations include for food safety Codex and well as the 
OIE for animal health and the IPPC for plant health. 
WTO governments have long participated in the work of these organizations. Membership and 
participation in the OIE and IPPC would en able Cape Verde to base their national 
requirements on standards developed by internat ional animal and plant health organizations. 
In this regard:  WT/ACC/CPV/15 
 Page 31 
 
 
(i) Does Cape Verde plan to be a member or adopt standards of the International Office of 
Epizootics?  
(ii) Are all Cape Verde SPS standards based on  the international standards of Codex and 
the IPPC?  
(iii) If not, how are such standards developed? 
Answer : 
The Government of Cape Verde confirms that it  is in the process of adopting standards of the 
International Office of Epizootics and becoming a member. 
Cape Verde adopted standards of the Codex a nd the IPPC even though we are not members. 
Question 74 
Risk Assessment:  Cape Verde has stated that Codex standards can be applied to establish an 
acceptable level of protection for food safe ty. Can Cape Verde adopt these standards? 
Answer : 
The Government of Cape Verde confirms that it has adopted the Codex standards and that such 
standards can be applied at an acceptabl e level of protection for food safety. 
The Government of Cape Verde is in the process of creating and implementing a regulatory agency 
for food and drugs (ARFA – Agência Reguladora de Produtos Farmacêuticos e Alimentares).  This 
agency shall regulate the food and drug system. 
Cape Verde is in the process of creating a singl e enforcement body for oversight, sanitary, quarantine 
and phytosanitary. 
Question 75 
We can better assist Cape Verde in further developi ng an action plan that assists Cape Verde to 
meet the commitments in the SPS Agreement.   
In most cases, implementation of the SPS Agreeme nt can be done with little resources and while 
in the process developing a transparen t legal and regulatory infrastructure. 
 It would be helpful to us and others that hope to provide Cape Verde with technical assistance 
in this area if its action plan for SPS implem entation contained the following information: 
For each specific area, institution, or legal measure where Cape Verde has requested technical 
assistance: 
- Please describe the specific technical assistance needs contemplated. 
- Please indicate whether Cape Verde is requesting legal advice to establish laws or 
regulations or specific personnel training, equipment, or technical expertise. 
Answer : 
The Government of Cape Verde admits that it n eeds assistance in the SPS area.  See answer to 
Question 70 above.  WT/ACC/CPV/15 
Page 32  
 
Cape Verde cannot describe or request specific techni cal or legal assistance until the needs assessment 
has been performed. 
(e) State-trading practices 
Question 76 Aside from EMPROFAC, which Cape Verde has notified as a state trading enterprise:  What 
other private or government owned firms trade on behalf of the Government of Cape Verde, or 
with trading rights granted specifically to certai n firms by the Government of Cape Verde?  
How is fuel purchased and distributed in Cape Verde? 
Answer
: 
The Government of Cape Verde confirms that Sociedade Caboverdiana de Tabacos (Tobacco Cape 
Verdean Company) is a private company which h as the trading rights for the importation, production 
and commercialization of tobacco. 
ENACOL and SHELL are private enterprises with  concession rights in the importation and 
distribution of petroleum derivatives. 
SHELL and ENACOL purchase in the international ma rket.  The two companies sell directly to 
airlines and shipping (bunker) interests.  As for internal consumption, both companies sell through 
retail outlets. 
EMPROFAC is company with State owned capital wh ich has the trading rights for the importation 
and commercialization and of pharm aceutical products, including the distribution of drugs produced 
by INPHARMA. 
Question 77 
Please describe the legal basis for the exclusive tr ading rights in certain products granted by the 
Government of Cape Verde, as indicated in the response to Question 38 of WT/ACC/CPV/7, particularly for tobacco and precious metals. 
Answer
: 
A Contract published in the Official Bulletin O.B. No. 20, II Series of 20 May 1999, bestows the 
concession for the exclusive importation of tobacco to Sociedade Caboverdiana de Tabacos (SCT). 
Concerning precious metals, Article 20 of Decree -Law n. º 29/93 of 24 May 1993 (O.B. No. 18/93, 
I Series of 24 May 1993) provides that precious metals  in a form used for monetary purposes (bars, 
bullion, ingots, etc.) may only be importe d by the Central Bank of Cape Verde. 
Precious metals for non-monetary uses are not rest ricted and may be imported into Cape Verde 
Question 78 
Annex 6 of WT/ACC/CPV/3 states that "EMPROFAC does not have any long-term contracts, it 
generally uses the same suppliers each year." Does this mean that there are no tendering 
procedures, no plan for ensuring that the co mmercial considerations and non-discrimination 
requirements of Article XVII of the GATT and the Understanding are met?  WT/ACC/CPV/15 
 Page 33 
 
 
Answer : 
The Government of Cape Verde apologizes for any confusion caused by Annex 6 of 
WT/ACC/CPV/3. The Government of Cape Verde c onfirms that such acquisitions are made by 
invitation to tender bids from foreign suppliers. 
Question 79 
Annex 6 of WT/ACC/CPV/3 states that “EMPROFAC does not have any long-term contracts, it 
generally uses the same suppliers each year.” Wh y is there no competition allowed by private 
suppliers?  How would this harm the citizens of Ca pe Verde, i.e., to make additional supplies of 
pharmaceuticals available? 
Answer : 
The Government of Cape Verde again conf irms that EMPROFAC is a monopoly in the 
pharmaceutical sector, and is in the process of privatization. 
The concept was that of a large company in a sm all country could purchase greater quantities of drugs 
and medicines on a lower cost basis.  Now the process is changing. 
Question 80 
How is public comment provided for in this sy stem?  How do consumers and other interested 
parties find a forum for complaint or comment that could improve service?  Is EMPROFAC 
required to collect public comments on its operations? 
Answer : 
The Government of Cape Verde confirms that two bodies are responsible for oversight of the 
pharmaceutical sector.  They are the General Director ate of Pharmacies and the Inspector General of 
Economic Activities.  All comments and complaints are directed to those bodies. 
EMPROFAC, by law, is not required to collect public comments on its operations.  However, normal 
business practices require that they collect and assess public comments. 
(g) Free economic zones 
Question 81 
Law 83/V/98 and Law 99/IV/93 establish Commercial Franc Zones and Free Zone enterprises. 
We would appreciate an organized description of the provisions of these laws, addressing the 
following issues: 
Are both these laws actually providing benefits to firms at the present time; (ii) How may firms 
establish in these zones and approximately how many firms have taken advantage of the opportunity; (iii) What criteria must they fulfill at the outset; (iv) What benefits are conferred, 
e.g., in terms of direct and indirect tax exemptio ns, customs duty exemptions, exemptions from 
other customs procedures, etc.; (v) What ongo ing export performance or local content use 
requirements, if any, are applied for eligibility to receive the benefits; and  (vi) What tax, tariff, 
and other requirements are applied to sales from  the zones into the rest of Cape Verde, and 
under what conditions, e.g., rules of origin? WT/ACC/CPV/15 
Page 34  
 
Comprehensive information on these programs must be developed, using what has already been 
provided, and augmenting it, as necessary to provide a clear and complete picture of the operation of these zones, the incentives provided, and the treatment of imports into the rest of 
Cape Verde from the zones in order to be able  to address their WTO implications both in the 
context of Cape Verde’s LDC status and in the longer term.   
We urge Cape Verde to use this opportunity to review its free zone policies and to reorganize, as 
necessary, its incentives, subsidies, and customs controls to meet WTO requirements, in order to 
eventually fully implement WTO provisions in th is area and recognizing that any exemptions 
from WTO provisions related to its LDC status are possibly transitory. 
Answer
: 
The Government of Cape Verde provides the follo wing information pursuant to this question: 
- There is two different Customs regimes: Fran c Industrial Companies which can be installed 
within the Industrial Zones, and Free Trade Zon es where Franc Stores can be installed within 
and import in and re-export goods from Free Trad e Zones. Franc industry processes goods for 
exports but can sell up to 15 per cent of thei r annual production in the local market. Franc 
Industrial Companies are currently running. Cape Verde Free Trade Zone is created but, 
notwithstanding Law 83/V/98 has been regulated by Decree-Law No. 48/99 of 2 August (O.B. No. 27, 1st Series, of 2 August 1999) the Ministerial Ordinance requested for implementation was never approve d.  Consequently, the Free Trade Zones is only currently 
running as international trade fair organizer; 
- Commercial zones are not operational, as stated above.  Thus, no firms are located in the 
Commercial Franc Zone; 
- Since the Ministerial Ordinance was never approve d, there are no criteria completely defined; 
- The commercial Franc Zones are not operating; 
- Since there are no operators in the Comme rcial Franc Zone, there are no exports; 
- Within the Cape Verdean Commercial Free Trade Zone there is no permanent operating store. 
When the Memorandum of Foreign Trade Regime of  Cape Verde was prepared and forwarded to 
WTO, the Commercial Franc Zones and Free Trade Zon es were described in the Memo.  However, it 
was not expected that the regulatory process in thes e areas would stop.  Should the Government of 
Cape Verde reinitiate the regulatory pro cess, the WTO will be notified accordingly. 
(l) Government procurement practices 
Question 82 
Does Cape Verde give preference to the use of local goods and services in its government 
procurement practices?  If so, please indicate  the scope and nature of this preference. 
We urge Cape Verde’s participation in the Agreement on Government Procurement, first as an 
observer, and later as a member.   
Answer
: 
The Government of Cape Verde confirms that it doe s not give preference to the use of local goods and 
services in its government procurement practices. 
The Agreement on Government Procur ement is an optional, not an obligatory agreement. However, 
the Government of Cape Verde will e xplore the advantages and disadvantages.  WT/ACC/CPV/15 
 Page 35 
 
 
(m) Regulation of trade in transit 
Question 83 How is Cape Verde approaching the development of  new regulations for Trade in Transit, e.g., 
have relevant international bodies in this a rea been consulted?  If so, which ones. 
Answer
: 
The Government of Cape Verde confirms that pr ovisions for trade in transit, in accordance with 
GATT Article V, will be incorporated in the new Customs Law. 
Cape Verde is a member of the World Customs Or ganization (WCO) and they  will be consulted on 
this issue.  Technical assistance will be requested. 
Question 84 
Please describe the provisions of the “Conventio n relative to the Road Transit of merchandise 
inter –Member States of the ECOWAS” and the “Additional Convention A/SP.1/5/90 that institutes in the Community a Mechanism of Guarantee of inter-States Road Transit of 
Merchandise” listed in Annex 8a of WT/ACC/CPV/3.  Please indicate how these provisions for trade in transit differ from those provided to transit trade from other countries. We look 
forward to reviewing the provisions for trade in  transit in the draft revised Customs Code. 
Answer
: 
The Government of Cape Verde would like to call th e attention of Members that Cape Verde is an 
island nation, approximately 500 miles off the coast of West Africa.  
Of course, road transit vis-à-vis ECOWAS is a di fferent and important issue to ECOWAS countries. 
As an ECOWAS Member country, Cape Verde is a signatory to the “Additional Convention 
A/SP.1/15/90 that institutes within the Community a Mechanism of Guarante e of inter-States Road 
Transit of Merchandise.”  
The Government of Cape Verde envisages that trade in transit provisions in conformity with Cape 
Verde’s international engagements on the matter will be included in the draft Customs Code. 
4. Policies Affecting Foreign Trade in Agricultural Products 
Question 85 
We  appreciate all the documents that Cape Verde has provided in advance of the first Working 
Party.  We especially thank Cape Verde for provi ding a domestic support notification at this 
early stage of the working party process. 
We are very pleased to see that Ca pe Verde does not provide any form of export subsidies.  It is 
our expectation that Cape Verde will bi nd export subsidies at zero upon accession. 
We note that in WT/ACC/CPV/3 (in section “Po licies affecting foreign trade in agricultural 
products”), Cape Verde states that it spends  about CVE800 million annually in the development 
of its agricultural sector.  Yet, Cape Verd e has notified a much lower amount in 
WT/ACC/SPEC/CPV/1. What other programs, besides the green box programs listed in WT/ACC/SPEC/CPV/1, does Cape Verde provide funding for? WT/ACC/CPV/15 
Page 36  
 
Answer
: 
The Government of Cape Verde is pleased to advi se the WTO that funding is provided for (1) the 
development of agriculture and livestock; (2) reforestation; (3) annual inquiry on agriculture production; and (4) payment of salaries fo r forest rangers and similar personnel. 
All of the above items are included in the reported CVE 800 million. Question 86 Could Cape Verde explain why data for 2000 are not available?  Could Cape Verde also 
confirm that all data presented in these tables  represents actual expenditures and not budgetary 
outlays? 
Answer
: 
Data for the year 2000 was not published.  Recons tructing the events that occurred in 2000 and 2001, 
we call to the WTO’s attention that municipal el ections were conducted in February 2000, and the 
preparation for parliamentary and presidential elect ions started in 2000 and finished at the end of 
March 2001.  Government officials and personnel were  completely engaged with the election process.  
Consequently, data was not collected nor published for 2000. 
The Government of Cape Verde confirms that all the data presented in the tables represent actual 
expenditures. 
Question 87 
Supporting Table DS:1.  The heading on column 2 should read “Name and description of 
measure with reference to criteria in Annex 2 of the Agreement on Agriculture”. 
Column 2 should describe specific programs funded by Cape Verde, not the text from Annex 2 
of the Agreement on Agriculture. For each of the measure types in Column 1 please provide a 
short description of the government program or  institution that provides the measure in 
question. 
Could Cape Verde confirm that outlays under infrastructural services do not include subsidies 
to inputs or operating costs, or preferential user charges, as required by para. 2(g) of Annex 2? 
We look forward to seeing revised tables a fter Cape Verde has had the opportunity to 
incorporate these comments and co mments from other WTO members. 
Answer : 
The Government of Cape Verde confirms that: - The language of supporting table DSI will be  revised to reflect the proposal made; 
- Column 2 of DSI will be revised to include the specific programs; 
- Cape Verde confirms that outlays under infrast ructural services do not include subsidies to 
inputs or operating costs or preferential user charges; 
- The revised Tables will be submitted to the WTO Secretariat as soon as possible but after 
incorporating comments (if any) received from the WTO Members.  WT/ACC/CPV/15 
 Page 37 
 
 
Question 88 
We welcome the agriculture supporting tables provided in document WT/ACC/SPEC/CPV/1.  
Subject to Cape Verde’s responses to questio ns and comments from other Members, 
commitments in relation to agricultural domestic support and export subsidies should be settled 
as soon as possible through the inclusion of an appropriate reference to current supporting 
tables, subject to technical amendments (if need ed), in the appropriate part and sections of 
Cape Verde's draft Schedule of Con cessions and Commitments for Goods. 
 To further expedite and accelerate the preparatio n of Cape Verde's accession package, we also 
seek the inclusion of the following text in  the Factual Summary and successor documents 
leading to the Report of the Working Party: 
 - The representative of Cape Verde indicated that Cape Verde does not have agricultural 
export subsidies.  Information concerning do mestic support and expo rt subsidies in the 
agriculture sector was circulated in docu ment[s] WT/ACC/SPEC/CPV/1[/Rev....][and 
Corr.[...]]. 
- Cape Verde’s commitments on agricultural tariffs and domestic support and export 
subsidies for agricultural products are contained in the Schedule of Concessions and Commitments on Goods (document WT/ACC/C PV/[...]) annexed to Cape Verde’s draft 
Protocol of Accession to the WTO. 
 
Answer:
 
 
The Government of Cape Verde thanks Members for the language provided for inclusion in the 
Report of the Working Party.  
The proposed language is acceptable to Cape Verde a nd will be included in the Working Party Report. 
 If other members pose questions and/or comments,  the language suggested will be revised to 
incorporate those comments or commitments if possible.  
V. TRADE RELATED INTELLECTUAL PROPERTY REGIME 
1. General 
Question 89 Concerning Cape Verde’s plan of action for implementing the WTO Agreement on TRIPS we 
have the following suggestions for Cape Verde as it fashions its action plan: 
We suggest that all training, regulations, and infr astructure issues be grouped rather than be 
listed individually, i.e.:  
(i) Training of personnel involved in copyri ghts protection, trademarks protection, 
protection of industrial designs, protectio n of patents, protection of undisclosed 
information, customs official s, judges, lawyers and police; 
(ii) Reorganization, establishment and comput erization of Industrial Property Office and 
Copyright Office; 
(iii) Developing rules, regulations and work manuals. WT/ACC/CPV/15 
Page 38  
 
Answer
: 
The Government of Cape Verde appreciates th e suggestions of Members concerning the TRIPS 
Action Plan, and will endeavour to incorpor ate the suggestions into the Action Plan. 
It is the goal of the Government of Cape Verde to implement (ii) and (iii) on the proviso that technical 
and financial assistance are provided by donors. 
Question 90 Concerning Cape Verde’s plan of action for implementing the WTO Agreement on TRIPS: 
The following laws will also need to be develo ped unless appropriate provisions are contained in 
other legislation: 
(i) law on the protection of integrated circuits; 
(ii) protection of undisclosed information and trade secrets; 
(iii) plant variety protection law; (iv) customs code provisions (in the new Customs Code); (v) criminal code provisions. 
Answer
: 
The Government of Cape Verde confirms that it intends  to include (i), (ii) and (iii) above in the new 
Industrial Property Law. 
Item (iv) above will be included in the new Customs Law. As to item (v) above, Cape Verde will ensure that  the criminal provisions of the TRIPS Agreement 
will be incorporated in the new copyright la w and in the Code of Industrial Property. 
Question 91 
Concerning Cape Verde’s plan of action for implementing the WTO Agreement on TRIPS: 
We appreciate that Cape Verde will need transiti onal arrangements to a ddress these issues, and 
technical assistance to help accomplish them.  Th ere are some basic commitments that should be 
included in any transitional arrangements: 
- that Cape Verde will fully apply Articles 3,  4 and 5 of the TRIPS Agreement providing, 
inter alia, national treatment and MFN t reatment under current laws in place during 
the transition period; 
- that Cape Verde’s laws, regulations and practice in its IPR regime during the 
transitional period will not result in a l esser degree of consistency with the TRIPS 
agreement that exists on the date of accession; and  
- that Cape Verde will ensure that during th e transition period, any existing rates of 
infringement would not significantly increase, and that any infringement of intellectual 
property in this period would be addressed immediately.  
These are now standard commitments and should not interfere with Cape Verde’s orderly and 
progressive implementation of the TRIPS Agreement on a transitional basis.  WT/ACC/CPV/15 
 Page 39 
 
 
Answer : 
The Government of Cape Verde confirms the following: - that Articles 3, 4 and 5 of the TRIPS Ag reement will be fully implemented during the 
transition period; 
- that Cape Verde’s laws, regul ations and practices in its IPR regime during the transition 
period will not result in a lesser degree of enforcement; 
- Cape Verde confirms that during the transiti on period, any existing rates of infringement will 
not significantly increase, and that any infringem ent of intellectual property in this period 
would be addressed immediately. 
(a) Intellectual property policy 
Question 92 
We seek information from Cape Verde based on the new law to those questions already 
submitted in the questions and replies document, WT/ACC/CPV/7.  
Answer
: 
As the Cape Verdean spokesperson stated at th e 26 March 2004 Working Party Meeting, Cape Verde 
is basing its draft Industrial Property Law on the 2003 Industrial Property Law of Portugal.  Cape 
Verde is adapting the Portu guese law to its own needs. 
Since the Industrial Property Law of Portugal (2003)  conforms to the WTO TRIPS Agreement and the 
European standards there is no reason to assume th at the Cape Verde draft Industrial Property Law 
would not conform to the WTO TRIPS Agreement. 
Question 93 
Please clarify the meaning of paragraphs 4 and 5 to the response to Question 93 of 
WT/ACC/CPV/7.  They do not seem to be responsive to the question.  
Answer:  
The Government of Cape Verde agrees that paragr aphs 4 and 5 to the response to Question 94 of 
WT/ACC/CPV/7 do seem neither responsive nor related to the question asked. 
We believe that in the "cutting and pasting" of fina lized answers from drafts, paragraphs 4 and 5 were 
inadvertently misplaced in Question 94 of WT/ACC/CPV/7. 
2. Substantive standards of protection 
(a) Copyrights and Related Rights Question 94 In response to substantive questions about Ca pe Verde’s copyright law in WT/ACC/CPV/7, 
Cape Verde responded to each question in the sa me way: that its Copyrights Law was enacted 
in 1990, and that it adhered to the Berne Conventi on in 1993.   No additional information was 
given.  Cape Verde also acknowledged that some provisions of the Copyrights Law may be inconsistent with Article 9 of the TRIPS Agreement.   WT/ACC/CPV/15 
Page 40  
 
We agree that the current Copyright Law is not TRI PS compliant in at least the following ways:  
- it provides no protection for databases;  
- it provides for protection on the basis of reciprocity, not national treatment;  - it does not protect software as a literary work; and  - the State has the ability to declare certain works in the public interest and place them 
into the public domain before TRIPS length term has expired.   
Answer: 
 
The Government of Cape Verde confirms that it is  in the process of revising the Copyrights Law. 
On a preliminary basis the four items identified above by the Members will be included in the revised 
law.  Other aspects are: 
- Definition of computer program amended; 
- Rental rights for computer programs and cinematography works; 
- Law amended to cover the fixati on of unfixed of performances and the protection term of this 
right; 
- Copyright protection for folklore/traditional culture (WIPO proposed model law being 
examined). 
Question 95 
To determine TRIPS compliance, we will need to review a draft of the revised Copyright Law.  
We understand that the current law is under review at the present time, and that the new law is 
slated for completion in January 2005.  Please in dicate, on a preliminary basis, what aspects of 
the current Copyright Law will be amended. 
Answer:  
The Government of Cape Verde confirms that it is  in the process of revising the Copyrights Law. 
On a preliminary basis the four items identified above by the Members will be included in the revised 
law.  Other aspects are: 
- Definition of computer program amended; 
- Rental rights for computer programs and cinematography works; 
- Law amended to cover the fixati on of unfixed of performances and the protection term of this 
right; 
- Copyright protection for folklore/traditional culture (WIPO proposed model law being 
examined). 
Question 96 
We also request that Cape Verde provide subs tantive answers on the new draft law to the 
questions already submitted in WT/ACC/CPV/7.   
Answer:  
This question and issue is identical to  Question 92 above and relating answer.   WT/ACC/CPV/15 
 Page 41 
 
 
(e) Patents 
(h) Requirements on undisclosed information Question 97 In response to substantive questions about Ca pe Verde’s patents and undisclosed information 
laws in the Memorandum on the Foreign Trad e Regime, WT/ACC/CPV/7, the Government of 
Cape Verde responded that it was in the process of reviewing a draft industrial property law in 
2003.   We understand that it is now in the process of drafting a law, the Industrial Property Law of Cape Verde, modelled after that of Portugal.     
According to its Action Plan, the Government of Cape Verde will complete the draft of the 
Industrial Property Law of Cape Verde by Janua ry 2005.  To determine TRIPS compliance, we 
need to review a draft of the new law. 
Answer
: 
The Government of Cape Verde confirms that a copy of the draft Industrial Property Law will be 
forwarded to the WTO for comments before its final approval. 
4. Enforcement 
Question 98 
May authorized licencees of right holders bring civil or criminal actions for infringement of 
intellectual property rights? 
Answer : 
The answer is yes. There is only one known recent complaint lodged on the court on a presumed 
copyright infringement but no definitive judgment h as been passed yet. See answer to Question 101 
below. Authorized licencees of right holders can ente r in the courts criminal actions for infringement 
of intellectual property rights to under Chapter I of Title II of the current Penal Code. However, there 
have been no criminal actions for infringement of  intellectual property rights in Cape Verde.  
The Government of Cape Verde is preparing new drafts of Industrial Property Rights and 
amendments to Copyright Law which will be in conformity with the TRIPS Agreement. 
Question 99 May Customs officials take action to prevent the importation of goods that infringe upon 
intellectual property rights?  If so, please descri be what actions Customs officials may take.   
Answer
: 
The Government of Cape Verde confirms that Customs Officials, under current customs operating 
procedures, may take action to prevent the importa tion of goods that infringe intellectual property 
rights. 
Cape Verde Customs seizes goods that infringe inte llectual property rights and the case is brought 
before the court. WT/ACC/CPV/15 
Page 42  
 
The provisions of TRIPS Article 51 (Border enforc ement of intellectual property rights) will be 
included in the new Customs Law. 
Question 100 
Please also describe whether Custom s officials are permitted to take  such actions ex officio.  
Please state whether right holders are permitte d to record their rights with Customs. 
Answer
: 
Under the current operating procedures and provisions,  Customs officials are permitted to take such 
actions ex officio. Currently, there is no legal provi sion allowing right holders to record their rights 
with Customs. 
The Government of Cape Verde envisages that the draft Customs Code will incorporate the provisions 
of Section 4: Special Requirements Related to Bord er Measures as set forth in Article 51 of the TRIPS 
Agreement. 
Technical assistance will be required for drafti ng, implementing regulations, training of Customs 
officers, and sensitizing intellectual property agen cies to the need of rapid response to Customs 
referrals. 
Question 101 Please describe how goods found to infr inge copyrights are disposed of at the end of a civil case.  
Please describe how goods found to infringe trademar ks are disposed of at the end of a civil 
case. 
Answer:
 
The Government of Cape Verde confirms that ther e is only one known recent complaint lodged on the 
court on a presumed copyright infringement but that th ere is no definitive judgment passed yet. There 
have been hitherto no civil cases in Cape Verde c oncerning trademarks infringement.  Therefore, the 
second part of this question is moot. 
Question 102 
Please describe how goods found to in fringe copyrights are disposed of at the end of a criminal 
case.  Please describe how goods found to infringe trademarks are disposed of at the end of a 
criminal case. 
Answer : 
The Government of Cape Verde confirms that ther e have been no criminal judicial procedures on 
copyrights infringements, neither criminal ca se on trademark infringeme nt in Cape Verde. 
Consequently, the second portion of this question is moot. 
Question 103 Please indicate whether there have been any cri minal copyright or trademark cases in Cape 
Verde in which the defendant has actually served a prison sentence.  WT/ACC/CPV/15 
 Page 43 
 
 
Answer : 
The Government of Cape Verde confirms that ther e have been no criminal copyright or trademark 
cases in Cape Verde. As there is no defendant where there is no criminal procedure, no prison sentence have been p assed against anybody. 
Question 104 
Please indicate whether provisional or precautio nary measures may be issued inaudita altera 
parte, or without prior notice to the defendant? 
Answer
: 
According to the current Cape Verde’s procedural law, provisional or precautionary measures may be 
issued inaudita altera parte, or without prior noti ce to the defendant.  Similar provisions to those of 
Article 50 of the TRIPS Agreement will be included in the new law. 
Question 105 
Under what circumstances, if any, may a right holder be awarded its costs and/or attorney’s 
fees at the conclusion of a successful case for copyright infringement?   Under what circumstances, if any, may a right holder be aw arded its costs and/or attorney’s fees at the 
conclusion of a successful case for trademark infringement?  Under what circumstances, if any, 
may a right holder be awarded its costs and/or atto rney’s fees at the conclusion of a successful 
case for patent infringement?   
Answer
: 
According to paragraph 1 of Article 1303 of the Cape Verde’s current Civil Code, copyrights and 
intellectual property rights are subject to special la w and regulations. However, under paragraph  2 of 
the same Article 1303, the provisions of the Cape Verde’s current Civil Code are applicable to  
copyrights and other intellectual property rights, when they are in harmony with the nature of those rights and they do not thwart the regime for them  specially established. Consequently, a right holder 
can be awarded its costs and/or attorney’s fees at  the conclusion of a successful case for copyrights 
and/or intellectual property rights infringement, in view of the general rules for the interpretation and 
integration of laws, namely, Article 9 and 10 of Sa me Civil Code and view the laws of judicial 
procedure. 
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH 
THIRD COUNTRIES 
1. Bilateral or Plurilateral Ag reements Relating to Foreign Trade in Goods and Trade in 
Services 
Question 106 
Does the current (1997) agreement with Angola provide for MFN or preferential trade 
treatment, for goods and/or services? 
Answer
: 
The Government of Cape Verde confirms that  the 1997 Agreement with Angola does provide for 
MFN treatment. WT/ACC/CPV/15 
Page 44  
 
2. Economic integration, customs union and free-trade area agreements 
Question 107 Concerning the Agreements listed in Annex 8a of WT/ACC/CPV/3:  Do any of them, in 
particular those with ECOWAS, provide for better than MFN treatment?   
Answer
: 
Yes.  ECOWAS is an economic integration organization according to its Treaty. So, among its 
Member States, it provides for: free trade; free movement of persons, right of residence and establishment; and free movement of capital.  An economic union with a common currency is 
provided for in the treaty. 
As for Portuguese speaking African countries (PALOP s), there are provisions for free movement of 
goods. 
As for CPLP (Community of Countries having Portuguese as a Common Language), there are 
provisions multiple entry visa for CPLP citizens an d exemption of visa for Portuguese citizens and 
Angolan citizens.  
__________