WT/TPR/S/118 Trade Policy Review
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II. TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES
(1) OVERVIEW
1. The creation of the West African Economic and Monetary Union (WAEMU) in 1994
provided an opportunity to liberalize and restructure Niger’s trade policy, to support the post-
devaluation economic programme.  The establishment of a common market with a common trade
policy (CTP) is one of the WAEMU’s major objectives.  The common external tariff (CET) wasintroduced in 2000, but the free-trade area among members still has to be completed as far as
industrial products are concerned and the CTP is under preparation.
2. Since 1999, which was devoted to consolidating democracy, Niger has experienced social,
political and economic renewal.
1 In 2002, the Government adopted a poverty reduction strategy (PRS)
which envisages that economic growth will be driven principally by the agricultural and livestocksector and the private sector.  In order to de velop the private sector and boost investment, the
authorities’ aim is to improve the regulatory framework as well as the functioning of Niger’s judicial
system.  Tourism and crafts are two priority targets for development.  Niger also hopes to benefit from
the opening up of subregional markets under the WAEMU, particularly as regards agricultural
exports.
3. Niger is a Member of the WTO, where it has been recognized as a least-developed country
(LDC).  Its participation in the multilateral trading system leaves much to be desired because of the
country’s low level of financial and human resources; since 1997, a multidisciplinary unit has been
following up the WTO’s activities at the domestic level, but Niger does not have a mission in Geneva.
The implementation of a comprehensive technical assistance programme with the objective of
integrating Niger in the global economy could help in combating poverty more effectively;  the
formulation of such a project targeted to Niger’s needs (Annex II.1) is one of the priority objectives ofthe review of Niger’s trade policy prepared by the WTO Secretariat.
(2) 
CONSTITUTIONAL AND GENERAL LEGAL FRAMEWORK
4. Niger was formerly a colony in French West Africa and became independent on
3 August 1960.  From 1974 onwards, it went through a period of political uncertainty, which ended in
1999 with the adoption of a new Constitution and the holding of presidential and legislative elections,followed by the installation of a new Government in January 2000.
2
5. Niger’s Constitution of 9 August 1999 set up a new institutional framework composed of
eight institutions:  the Government; the National Assembly; the Constitutional Court; the Supreme
Court; the High Court of Justice; the Economic, Social and Cultural Council; the National
Communication Observatory; and the National Co mmission for Human Rights and Fundamental
Freedoms.  Only the Economic, Social and Cultural Council has not yet been established.3
6. The President of the Republic is the Head of State and is responsible for concluding
international treaties and agreements.  Presidential elections are held in two rounds every five years.
The President may be re-elected for one further term.  The current President was elected during the
1999 elections.
                                                     
1 IMF (2002a).
2 The coup d’état  on 15 April 1974 installed a military regime that ended in 1987.  The 1990s was a
period of political instability:  a national conference, four republics, two coups d’état , two military regimes and
two armed rebellions in the north and east of the country.
3 Article 142 of the 1999 Constitution stipulates that that depends on the State’s resources.Niger WT/TPR/S/118
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7. The President of the Republic holds executive power.  He appoints the Prime Minister from a
list of three persons proposed by a majority of the National Assembly and, on the Prime Minister’s
proposal, he appoints the other members of the Go vernment.  The Government in office since
9 November 2002 comprises 28 ministers.  The last census in 2001 showed that Niger’s central
administration employed 38,831 people.
8. The Prime Minister presents the Government’s  programme to the National Assembly in a
General Policy Declaration which, following a debate, is put to a vote of confidence.  The
Government implements domestic and foreign policy and directs the public administration in
accordance with the programme approved by the Assembly.  This action is currently underpinned by
the principle of good governance, defined as "the founding principles of responsibility, transparency,rigour and observance of the law in the administration of public affairs".
4
9. The National Assembly has legislative power.  It consists of one chamber with 83 deputies
elected for a five-year term, unless it is dissolved, which can only be decided by the President of the
Republic.  The last legislative elections were held on 24 November 1999.
10. Laws adopted by the National Assembly are transmitted to the President, who enacts them,
and they are then published in the Journal Officiel .  In cases of emergency, the Government may
enact measures that would usually be the subject of a law by means of an "ordinance";  22 ordinances
of an economic or commercial nature were enacted from 1998 to 2002.  This procedure requires
authorization by the National Assembly and is intended to allow the State to continue functioning
between legislative sessions.  An ordinance must be ratified by the National Assembly at its next
session, otherwise it is null and void.  The National Assembly may amend an ordinance, which may
also be amended by means of another ordinance or a law.
11. The judiciary is independent of the Legislature and the Executive.5  Justice is administered by
the Constitutional Court, the Supreme Court, a nd the courts and tribunals provided under the
Constitution.  The Constitutional Court has jurisdiction over constitutional and electoral matters and
rules on the conformity of international treaties and agreements with the Constitution.
12. The Constitution declares that judges, in exercising their functions, are subject only to the
authority of the law.  Nevertheless, the Government of Niger has noted "serious inadequacies" in
Niger’s judicial system, for example, the illegibility of decisions, corruption, the extremely slow pace
of justice, and the small number of cases dealt with.6 Consequently, one of the Government’s
priorities is "to revise Niger’s judicial system in order to make it more compatible with the
expectations of citizens and more consistent with the requirements of an economic environmentconducive to investment and recovery".
7
13. For this purpose, the authorities indicate that draft texts are being prepared covering
violations and that these will soon be submitted to the National Assembly, together with a programme
in support of judicial reform that deals with training and the penitentiary infrastructure.  In trade
matters, Niger finalized a new Commercial Code in 1997 in order to combine in a single text and
                                                     
4 General Policy Declaration approved by the National Assembly in April 2000.
5 Article 98 of the 1999 Constitution.
6 General Policy Declaration approved by the National Assembly in April 2000.
7 General Policy Declaration approved by the National Assembly in April 2000.WT/TPR/S/118 Trade Policy Review
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update the relevant provisions on business activities.8 The Code takes into account the uniform acts of
the Organization for the Harmonization of Business Law in Africa (OHADA) (Chapter III(3)(i)).
14. Local authorities have no responsibility for taxation, which is within the competence of the
Executive (central government).
15. Niger’s Chamber of Commerce, Agricultur e, Industry and Crafts (CCAIN) has a
representative role vis-à-vis the public authorities and development partners.  One priority focus foraction is the round table for the follow-up of the private sector, created in 2000 to provide support for
the programme on promotion of the private sector introduced in 1997.  Coordination takes place
through meetings among representatives of the authorities concerned, donors and the private sector.
In order to place these consultations on a formal basis, it is planned to set up a Government-Private
Sector Coordination Committee and an Administration-Private Sector Joint Technical CoordinationCommittee.
(3) 
TRADE AND INVESTMENT POLICY
(i) Main features
16. The Government’s trade and investment policy comes within the more general framework of
the PRS adopted in January 2002, which covers the period 2002-2005.  This envisages that economicgrowth will be driven by the agricultural and livestock sector and the private sector and fixes some
specific objectives:  to simplify the regulatory framework and improve the legal and judicial system;
to facilitate access to financing, the creation and development of micro, small and medium-sized
enterprises; to benefit from regional integration within the WAEMU, especially as regards the
development of agricultural exports; and to liberalize the hotel sector.
9  Niger intends to integrate its
trade policy within the forum on the financing of the PRS.  It awaits technical assistance from the
WTO for its integration in the global economy so as to combat poverty (Annex II.1).
17. The PRS is the successor to the structural adju stment programme introduced in 1996 with the
support of the IMF and the World Bank, which was renewed in 2000; at the domestic level, in 1997
Niger adopted the Economic Recovery Programme.10 The main objectives of these programmes are to
stabilize government finance, reform the civil service, restructure and privatize semi-public
enterprises, and develop an appropriate regulatory framework in support of the private sector and apolicy on the development of the rural sector.  The reform process at the domestic level has been
backed by the tariff and non-tariff liberalization within the WAEMU (section 4(ii)(c)).
(ii) General framework
18. The Ministry of Trade and Private Sector Pr omotion (hereinafter Ministry of Trade) is
responsible for Niger’s trade policy, decided by the Government.  The Minister for Trade isresponsible for international trade negotiations and for implementing foreign trade policies.  He
represents the State at WTO ministerial meetings and trade-related ministerial meetings of the
WAEMU, the Economic Community of West African States (ECOWAS) and the ACP-EU
Partnership Agreement.
                                                     
8 Book I was established by Ordinance No. 92-048 of 7 October 1992, Book II by Law No. 95-011 of
20 June 1995, Book III by Ordinance No. 96-038 of 29 June 1996, and Book IV by Law No. 97-40 of1 December 1997.
9 Government of Niger (2002), p. 72.
10 Law No. 97-024 of 8 July 1997.Niger WT/TPR/S/118
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19. The Minister is also the focal point for the follow-up to the WTO Agreements and for Niger’s
participation in the WTO’s activities, subject to the application of the common trade policy of the
WAEMU.  In carrying out his functions, the Minister for Trade receives support from a
multidisciplinary unit for the follow-up to the Uruguay Round Agreements, set up in 1997.11  The unit
is chaired by the Secretary General of the Ministry of Trade and includes representatives of ministriesresponsible for trade-related policy, as well as representatives of legislative bodies, the private sector
and workers.
20. The Minister for Trade is responsible for import and export authorizations and import and
export licences where these are required in order to protect consumer health (Chapter III(2)(vi)).
12 The
Ministry of Trade also contains the Directorate General of Standardization, Quality and Metrology,which is responsible for drawing up Niger’s draft st andards and certifying conformity with standards.
21. The Minister for Finance plays an important role in trade policy matters.  The Ministry
includes the Directorate General of Customs and Indirect Taxation, many of whose activities are
concerned with Niger’s commitments on tariff and non-tariff measures under regional and bilateral
agreements and the WTO.  The Minister for Finance represents Niger at ministerial meetings of thefranc zone, the WAEMU and the ECOWAS.
22. The Minister for Privatization and Restructuring is in charge of the privatization campaign
and the restructuring of State and semi-public enterprises.
(iii) Instruments
(a) International agreements and treaties
23. International agreements and treaties are ratified or approved by the President after an
authorization law has been passed by the National Assembly.
13 If the Constitutional Court declares
that an international commitment includes a clause th at is contrary to the Constitution, authorization
to ratify must await a revision of the Constitution, but no such situation has arisen until now.14 It
should be noted that only the approval of a treaty or agreement is the subject of a law and not the
transposition of its provisions.
24. Properly ratified treaties or agreements take precedence over laws once they have been
published in the Journal Officiel  provided that the treaty or agreement is also applied by the other
party.15  The authorities confirm that all treaties and agreements – for example, those relating to the
WTO, WAEMU, ECOWAS, OHADA, OAPI, WIPO – co me under that category.  These acts are
immediately applicable as a law of the State of Niger and are automatically enforceable.
(b) Trade in goods
25. Niger’s policy on trade in goods essentially consists of implementing the instruments of the
WAEMU (Box II.1), which establish a regulatory framework for a series of measures that affect trade
in goods, both directly and indirectly.  These are, for example, MFN customs duties under the CET,
supplementary duties and the preferential regime (Chapter III(2)(iv)).  Niger has also introduced a
                                                     
11 Ordinance No. 10 of 21 April 1997, amended by Ordinance No. 34 of 3 September 2001.
12 Decree No. 90-146/PRN.MPE of 10 July 1990.
13 Article 130 of the 1999 Constitution.
14 Article 131 of the 1999 Constitution.
15 Article 132 of the Constitution.WT/TPR/S/118 Trade Policy Review
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national system of administrative values (Chapt er III(2)(iii)).  Under the regulatory framework
established by the WAEMU, the applicability and levels of excise duty and value-added tax (VAT)
are fixed in the Taxation and State Property Regime, as amended by the Finance Law, which also
governs taxation of enterprises and individuals and, consequently, the exemptions or rebates on
imports (for example, for prospecting for oil or minerals).
Box III.1:  Main trade-related instruments of the WAEMU
The WAEMU Treaty;
Additional Act No. 4/96 of 10 May 1996 establishing a pref erential tariff regime for trade within the WAEMU,
as amended by Additional Act No. 4/98;
Regulation No. 2/97/CM/UEMOA on adoption of the WAEMU’s CET;
Directive No. 2/98/CM/UEMOA on harmonization of member States’ legislation on value-added tax (VAT);
Directive No. 3/98/CM/UEMOA on harmonization of member States’ legislation on excise duty;
Regulation No. 5/98/CM/UEMOA defining the list of categories of goods appearing in the WAEMU tariff and
statistical nomenclature, as amended;
Regulation No. 3/99/CM/UEMOA on adoption of the degressive protection tax (TDP) mechanism within the
WAEMU, as amended;
Regulation No. 4/99/CM/UEMOA establishing a system of reference values;
Regulation No. 5/99/CM/UEMOA on customs valuation of goods;
Additional Protocol No. III/2001 establishing rules of origin for WAEMU products;
Additional Act No. 3/2001 on adoption of a WAEMU agricultural policy;
Directive No. 06/2001/CM/UEMOA on harmonization of taxation of petroleum products within the WAEMU;
Regulation No. 09/2001/CM/UEMOA on adoption of the WAEMU Customs Code (Book I:  Organizational
framework, customs procedures and regimes);
Regulation No. 2/2002/CM/UEMOA on anti-competitive practices within the WAEMU;
Regulation No. 3/2002/CM/UEMOA on procedures applicable to understandings and abuse of dominant
positions within the WAEMU;  and
Regulation No. 4/2002/CM/UEMOA on State aid within the WAEMU and implementing procedures for
Article 88(c) of the Treaty.
Source: www.uemoa.int  [27 April 2003]
26. Niger’s Customs Code (1961)16 still applies except for the provisions contrary to those in the
WAEMU Customs Code, Book I of which came into effect on 1 January 2003.17  Niger introduced a
preshipment inspection programme in 1996.18
27. The rules on government procurement by the State, local authorities, public, industrial and
business establishments, State-owned companies and semi-public companies are covered by the
Government Procurement Code, revised in 2002.19
                                                     
16 Law No. 61-17 of 31 May 1961, as amended.
17 Regulation No. 09/2001/CM/UEMOA.
18 Decree No. 96-021/PCSN/MEF/P of 12 February 1996, amended by Decree
No. 96 370/PCSN/MEF/P.
19 The former Code was established by means of Ordinance No. 85-32 of 14 November 1985, and the
implementing decree No. 89-117/PCMS/PM of 27 April 1989.  The new Code was established by means ofOrdinance No. 2002-7 of 18 September 2002 and ratified by the National Assembly on 16 October 2002.  Theimplementing texts are being prepared.Niger WT/TPR/S/118
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(c) Trade in services
28. Niger’s policy on trade in services comprises two levels: regulations determined at the
supranational level as a result of regional and subregional integration; and domestic regulations,
which cover all aspects not included in the supranational regulations.
29. In Niger, banking services are subject to the common banking regulations of the WAEMU
and the prudential measures determined by the WAEMU Banking Commission, which also acts as themonitoring body (Chapter IV(5)(iii)).  In 1998, the West African Regional Stock Exchange (BVRM)
was also created within the WAMU.
30. The insurance market in Niger is governed by the Insurance Code of the Inter-African
Insurance Market Conference (CIMA).
20
31. Land21 and air22 transport are subject to community action within the WAEMU.
32. At the national level, activities in many services sectors are the responsibility of public
enterprises wholly or partly controlled  by the State.  This is the case, inter alia , for transport, postal
services, communications, culture, public health and education.  Nevertheless, in many cases,
privatization is planned; the Telecommunications  Company of Niger (SONITEL) was privatized at
the end of 2001 and the privatization of NIGELEC, which generates and distributes electricity, isplanned.  The opening up of the telecommunications sector was halted in 1999.
23
(d) Protection of intellectual property
33. Niger is a member of the African Intellectual Property Organization (OAPI)24 established
under the Bangui Agreement (1977).25 On 24 February 1999, the Bangui Agreement was revised to
bring it into line with the WTO’s TRIPS Agreement and Niger ratified the revised Agreement on
28 May 2002.  The revised Agreement, together with Annexes I to VIII, entered into force on
28 February 2002; the OAPI’s Administrative Council has deferred the entry into force of Annexes IXand X on layout designs (topographies) of integrated circuits and new plant varieties respectively.
The annexes to the revised Bangui Agreement (1999) in effect therefore cover patents, utility models,
trademarks, industrial designs, trade names, geographical indications, literary and artistic property,
and protection against unfair competition.
34. For each of its member States, the OAPI acts as the national industrial property service and
provides a common system of administrative procedures for registering rights.  The Industrial
Development Directorate in the Ministry of Trade acts as the national liaison body in Niger for the
purposes of the Bangui Agreement.
                                                     
20 The CIMA was established in 1992 and also includes Benin, Burkina Faso, Cameroon, Central
African Republic, Chad, Congo, Côte d’Ivoire, Gabon, Senegal and Togo.
21 Decision No. 2/2001.
22 Directive No. 8/2002/CM/UEMOA on adoption of the common air transport programme of member
States of the WAEMU; and Regulation No. 24/2002/CM/UEMOA defining the conditions of access to intra-
community air links for WAEMU air transporters.
23 Ordinance No. 99-045 of 26 October 1999.
24 http://www.oapi.wipo.net
25 The OAPI also includes Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo,
Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mauritania, Senegal and Togo.WT/TPR/S/118 Trade Policy Review
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35. Each operator has the possibility of monitoring implementation of the provisions of the
Bangui Agreement by bringing relevant matters to the attention of Niger’s authorities.
36. As far as copyright and related rights are concerned, Niger has introduced a national regime
for the protection of copyright, related rights and expressions of folklore.26 The National Copyright
Bureau (BNDA) is responsible for collective administration in Niger.
(e) Investment
37. Niger’s Investment Code grants benefits depending on the amount invested and guarantees
for approved investment projects (Chapter III(3)(ii))27.  Niger has established a single window at the
CCAIN in order to streamline and speed up approval of investors.
38. Petroleum resources and mining are the property of the State, which regulates their
exploitation by issuing operating permits to approved  companies in accordance with the provisions in
the Petroleum Code28 and the Mining Code.29
39. Investment opportunities were expanded through the privatization programme, which was
launched in 1996 as part of the structural adjustment programme supported by the IMF and the World
Bank.  Six of the 12 enterprises targeted by the programme have been privatized, six enterprises are
currently included in the programme, and other enterprises may be added.30
(4) TRADE POLICY FRAMEWORK AGREEMENTS
(i) WTO
(a) Overview
40. Niger was formerly a Contracting Party to the GATT 194731 and has been a Member of the
WTO since 13 December 1996.32 Within the WTO, it is recognized as a least-developed country
(LDC).  It is not a member of any plurilateral agreement, but may become an observer to the WTO
Plurilateral Agreement on Government Procurement.
41. It should be noted that Niger supports the request made by the WAEMU Commission to
become an observer at the WTO.  The member States of the WAEMU are gradually adopting a
common trade policy which they also intend to apply within the WTO.
(b) Trade in goods
42. During the Uruguay Round, Niger bound all its tariff lines for agricultural products and a
large number of tariff lines for non-agricultural products (estimated by the WTO Secretariat to total
96.4 per cent) in its Schedule of Concessions LIII, annexed to the GATT 1994.  Regarding
                                                     
26 Law No. 93-27 of 30 March 1993.
27 Ordinance No. 97-09 of 27 February 1997, which amends Ordinance No. 89-19 of 8 December 1989.
28 Ordinance No. 92-45 of 16 September 1992.
29 Ordinance No. 93-16 of 2 March 1993.
30 http://www.nigerprivatisation.com
31 Niger became a Contracting Party to the GATT 1947 on 31 December 1963.  Originally, the General
Agreement applied to Niger as a French overseas territory.  After Niger became independent, it continued toapply de facto until Niger became a Contracting Party pursuant to the provisions of paragraph 5(c) of
Article XXVI.
32 Ordinance No. 96-03 of 9 November 1996.Niger WT/TPR/S/118
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agricultural products, the ceiling of bound duties was fixed at 50 per cent, with the exception of tariff
lines included in Schedule LIII annexed to the GATT 1947, for which the ceiling is 200 per cent.  For
non-agricultural products, the bound ceiling is 50 per cent.33
43. Niger has not made any commitment on domestic support for agricultural products (Part IV of
Schedule LIII).  Consequently, the commitment a pplicable to Niger in this respect – defined in
Article 7.2(b) of the Agreement on Agriculture – consists of not granting domestic support in excessof the de minimis  level of the value of the production in question.
44. The Government of Niger has agreed that its tariff data compiled by the Secretariat for the
purpose of preparing the review of its trade policy should be incorporated into the integrated database
(IDB); prior to this agreement, Niger had never provided any tariff or statistical data on its imports for
inclusion in the integrated database.
34
45. Niger introduced the Agreement on Implementation of Article VII of the GATT 1994
(Customs Valuation Agreement), on 14 December 2001.  The authorities had already invoked the
provisions on special and differential treatment in favour of developing countries to defer its
implementation (originally fixed at 1 January 2000) for a period of 18 months.35 In addition, the
Government of Niger has notified the members of the WTO of its decision to maintain minimumvalues on a limited basis for a transitional period in accordance with the WAEMU’s common position
on this issue (Chapter III(2)(iii)).
(c) Trade in services
46. Niger’s Schedule of Specific Commitments under the GATS (GATS/SC/64) sets out the
commitments undertaken during the Uruguay Round.  Sectors for which Niger has undertaken
commitments are hotel and restaurant services, travel agencies, tour operators services, tourist guide
services, and some transport services.  Niger did not take part in the negotiations on basictelecommunication services (concluded in 1997), nor in those on financial services (concluded in
1998).
47. According to Niger’s Schedule annexed to the GATS, the supply of services is subject to
limitations.  Commercial presence (mode 3) requires the prior agreement of the ministries concerned
under a discretionary procedure; the limitations under this Schedule are more restrictive than theregime currently applied to foreign investors (Chapter III(3)(ii)).  Niger requires as a prior condition
that investors in hotel and restaurant services provide a training programme for employees from
Niger.  It has not bound the supply of services through the presence of natural persons (mode 4), in
accordance with the practice of other members of the WTO, with the exception of entry and
temporary residence of categories of managers, senior executives and specialists who possessknowledge that is essential to the provision of the service, employed by a company and transferred to
a company incorporated in Niger.
48. The final List of Article II (MFN) exem ptions under the GATS (GATS/EL/75) concerns
maritime transport, particularly any bilateral, plurilateral or multilateral agreement concluded or to be
concluded by Niger which exchanges coastal cabotage rights on a basis of reciprocity, in theexpectation that such agreements would be concluded in the near future.  The List also concerns
existing and future measures adopted with a view to implementing the relevant provisions of the
                                                     
33 Niger has excluded from binding the non-agricultural tariff lines that were bound in Schedule LIII
annexed to the GATT 1947.
34 WTO document G/MA/IDB/2/Rev.15 of 17 September 2002.
35 WTO document WT/LET/301 of 1 June 1999.WT/TPR/S/118 Trade Policy Review
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United Nations Convention on a Code of Conduct, or any other agreement, which gives the national
stevedoring and transit company a minimum share of  the transport of cargo between two points, as
well as any other measure on the development of auxiliary maritime and port services in Niger for an
unlimited period.
(d) TRIPS Agreement
49. Since 1995, Niger has taken advantage of the transitional provisions available under
Article 66 of the TRIPS Agreement, which applies to LDCs, in order to delay full application of the
Agreement until 2006 (except for Articles 3, 4 and 5).  Niger has not yet notified the WTO of the
revised Bangui Agreement (1999) and its Annexes I to VIII, which entered into force on
28 February 2002.
(e) Participation in the activities of the WTO
50. Niger does not yet have a mission in Geneva and the mission in Brussels represents Niger at
the WTO.  The Government of Niger acknowledges that it would be desirable to set up a mission in
Geneva as soon as possible in order to follow the WTO’s activities more closely and the necessary
budgetary measures appear to have been taken in 2003.  In the meantime, Niger supports the project
to set up a centre to support members and observers at the WTO which have no mission in Geneva.
51. Niger’s authorities have some difficulty in keeping up to date with notifications (Table II.1)
and improving this aspect is one of the priority objectives of the technical assistance programme
proposed for Niger (Annex II.1).  It should be noted that Niger would like to see the WTO notification
procedures for texts adopted by the WAEMU simplified so that they would be notified by one
member of the Organization but apply to all the other members.36
52. Regarding multilateral negotiations within th e Doha Agenda framework, the member States
of the WAEMU have adopted a common position on agriculture upstream of the common agriculturalpolicy adopted within the WAEMU.  It is stated that the aims of the WAEMU member States are:
- "to incite developed countries to liberalize their agricultural policies in practice in
order to enhance domestic and external competitiveness of agricultural products of
interest to developing countries and least-developed countries, in particular those with
high value added;
- to make efforts to expand and improve waivers in favour of developing countries and
least- developed countries."
37
                                                     
36 Côte d’Ivoire and Senegal notified to the WTO Regulation No. 5/99/CM/UEMOA on customs
valuation of goods (WTO documents G/VAL/N/1/SEN/1 of 27 September 2001 and G/VAL/N/1/CIV/1 of28 June 2002).  Nevertheless, the WAEMU considered it necessary to ask each member State to notify the
Regulation individually.
37 Directive No. 01/2001/CM/UEMOA.Niger WT/TPR/S/118
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Table II.1
Documents relating to Niger’s participation in the WTO, April 2003
Agreement WTO document Content
Multilateral agreements on trade in goods
GATT 1994 Schedule LIII - Niger of 15 April 1994 Tariff concessions
Agreement on Implementation of Article VII
of the GATT 1994WT/LET/301 of 1 June 1999 Request for delay for
implementation
Agreement on Preshipment Inspection G/PSI/N/1/Add.5 of 5 February 1997, Add.7 of
24 February 1998, Add.8 of 28 September 1999Laws and regulations
Agreement on Rules of Origin G/RO/N/19 of 23 January 1998 Laws and regulations
Agreement on Import Licensing Procedures G/LIC/N/1/NER/1 of 12 January 1998 Rules and information concerning
procedures for submitting
applications
General Agreement on Trade in Services
GATS/SC/64 of 15 April 1994 Schedule of Specific Commitments
on Services
GATS/EL/64 of 15 April 1994 List of Article II (MFN)
exemptions
Marrakesh Agreement establishing the World Trade Organization
WT/MIN(01)/15 of 14 November 2001 Waiver from obligations under
Article I.1 of the GATT 1994
for the ACP-EU Partnership
Agreement
Enabling Clause
WT/COMTD/N/11 of 3 February 2000,
WT/COMTD/N/11/Add.1 of 2 March 2001,WT/COMTD/N/11/Add.2 of 22 August 2001,
WT/COMTD/N/11/Add.2/Corr.1 of 26 March 2002West African Economic and
Monetary Union (WAEMU)
Source: WTO Secretariat.
53. In the context of the review of its trade policy, Niger is requesting further technical assistance
(Annex II.1).  The main areas concerned are the following: (i) harmonization of laws, regulations and
rules with WTO obligations; (ii) notifications; and (iii) training in WTO-related activities, especially
the building of negotiating capacity.
(ii) Regional agreements of economic scope
(a) African Union
54. Niger is a founding member of the African  Union, which replaced the Organization of
African Unity (OAU), and it ratified the Constitutive Act in 2000.38 Ultimately, the African Union
will be an economic and monetary union with five institutions: a Pan-African Parliament, a CentralBank, a Monetary Fund, a Court of Justice, and an  Economic and Social Commission.  The Protocol
on the creation of the Pan-African Parliament was adopted in 2002, but the institution has not yet been
set up.  Currently, there is a transitional support structure and the Commission of the African Union
should be set up in July 2003.
                                                     
38 The Charter establishing the OAU was signed on 25 May 1963.  The Constitutive Act of the African
Union was adopted at the summit of the Organization of African Unity (OAU) in July 2000 in Lomé (Togo).The African Union, which has now replaced the OAU, was proclaimed on 11 July 2001 at Lusaka, in Zambia,after ratification of the Constitutive Act by more than 44 of the 53 member States of the OAU.WT/TPR/S/118 Trade Policy Review
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55. The Lusaka summit in 2001 saw the adoption of the New Partnership for Africa’s
Development (NEPAD), which constitutes "a call for a new relationship of partnership between
Africa and the international community, especially the highly industrialized countries".39 The NEPAD
combines a multidisciplinary analysis of pove rty in Africa with an initiative for the active
participation of African States in the WTO and debt reduction that goes beyond the current levels.  In
the long term, the objective of the African initiative is to link debt reduction to the assessed results ofpoverty reduction activities.
(b) Economic Community of West African States (ECOWAS)
40
56. Niger is a founding member of the ECOWAS, whose Treaty was revised in 1993 to include
the objective of economic and monetary union.41 Following this revision, th e institutional framework
of the ECOWAS provides for the following: a Cent ral Bank, a Parliament, a Court of Justice, an
Executive Secretariat, and an Economic and Cultu ral Council.  In 2000, the ECOWAS set up the West
African Parliament and the Court of Justice and in 2001 the West African Monetary Institute, which is
the precursor of the Central Bank.
57. The 1993 revision of the Treaty established a two-stage programme for the liberalization of
trade:  the establishment of a free-trade area at the end of 1999 and the adoption of a CET in threestages.  In principle, local products and traditional handicrafts may circulate freely within the
ECOWAS, together with certain processed products approved under the preferential regime
42, but for
the moment, Niger does not grant such preferential treatment.  The liberalization of tariff barriers on
approved products should go ahead according to an asymmetric mechanism under which high-income
countries would liberalize more rapidly than low-income countries.43 This timetable has not been
respected and a new timetable has not yet been fixed; Niger’s authorities explain the halt in intra-
community liberalization by the absence of a compen sation mechanism to offset the loss in customs
revenue, and by the approval system.  It was also intended to introduce free movement of services,
capital and persons within the Community at the end of a period of five years following the
introduction of the Customs Union planned for the year 2000.44 A community passport was
established for this purpose and it should be recognized in the year 2005; Niger plans to introduce the
passport in 2004.
58. In cooperation with donors, the ECOWAS has launched several projects in order to complete
the communications, energy, transport and tourism networks in the subregion and make them
operational.  The main achievements are the trans-Saharan and trans-coastal community networks and
the standards for classifying tourism accommodation.
                                                     
39 African Union (2001).
40 http://www.ecowas.int
41 The Treaty establishing the ECOWAS was signed on 28 May 1975.  ECOWAS currently comprises
15 countries:  Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Equatorial Guinea, Gambia, Ghana, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.
42 WTO document WT/TPR/S/43-2 of 10 February 1998.
43 Group I (Burkina Faso, Cape Verde, Gambia, Guinea-Bissau, Mali and Niger) had a 10-year period
for reduction at an annual rate of 10 per cent for approved products.  Group II (Benin, Guinea, Liberia, Sierra
Leone and Togo) had a period of eight years for reduction, at an annual rate of 12.5 per cent for approvedproducts.  Group III (Côte d’Ivoire, Ghana, Nigeria and Senegal) had a period of six years, with an annual rateof reduction of 16.6 per cent for approved products.
44 WTO document WT/WGTI/W/22 of 26 January 1998.Niger WT/TPR/S/118
Page 21
59. The ECOWAS is responsible for settling disputes in the subregion.  In 2002, it undertook a
peacekeeping mission in Côte d’Ivoire.45
(c) West African Economic and Monetary Union (WAEMU)46
60. Niger is a founding member of the WAEMU47, whose Treaty and some of whose projects
have been notified to the WTO under the enabling clause since 1999.48 With the exception of Côte
d’Ivoire, the member States of the WAEMU are all LDCs and also all belong to the ECOWAS, which
has wider geographical scope.
61. The Conference of Heads of State and Government  defines the broad outlines of Union policy
and adopts additional acts to the Union Treaty, which complement the latter without amending it.  The
Council of Ministers is the WAEMU’s decision-making body and adopts regulations, directives and
decisions: the regulations are binding and are directly enforceable in all member States; directivesmust be incorporated into the legislation and procedures of the member States; decisions are binding
on the persons or member States to which they  are addressed.  The Commission is the only body
empowered to propose community acts, and has it s headquarters in Ouagadougou (Burkina Faso).
The Court of Justice was established and put in place in 1995 and the Court of Audit started to
function in 1998.
62. The WAEMU complements the WAMU through an economic integration component and
incorporates its provisions, including a common cu rrency (the African Financial Community (CFA)
franc), administered by the Central Bank of We st African States (BCEAO), a specialized autonomous
body of the WAEMU (Chapter I(3)(ii)).  The main objectives of the WAEMU are:  (i) convergence of
the economic performance and policies of member States through the institution of a multilateral
monitoring procedure;  (ii) establishment of a common market;  (iii) coordination of sectoral policies;
(iv) harmonization of member States’ legislation, particularly the taxation regime, to the extent
necessary for the proper functioning of the common market.
49
63. Regarding the liberalization of trade among WAEMU member States, a transitional
preferential regime came into effect on 1 July 1996.50  Since then, local products and traditional
handicrafts have been completely free of import duty and taxes.  Approved originating industrial
products have also gradually become duty free (Chapter III(2)(iii)), a process which ended on1 January 2000.
51  The WAEMU has introduced a community mechanism for financial compensation
to offset the loss of customs revenue in countries importing originating industrial products during the
period 2000-2005, from which Niger has benefited.  New WAEMU rules of origin came into effect on
1 January 2003 (Chapter III(2)(v)).52
64. Regarding extra-community trade, including trade among member States of the WAEMU not
subject to the preferential regime, the CET was introduced on 1 January 2000 on the basis of a
                                                     
45 http://allafrica.com/ stories/200210270001.html  [22 October 2002].
46 http://www.uemoa.int
47 The WAEMU Treaty was signed on 11 January 1994 by Benin, Burkina Faso, Côte d’Ivoire, Mali,
Niger, Senegal and Togo; Guinea-Bissau acceded to the Treaty on 1 January 1997.  WTO documentWT/COMTD/N/11 of 3 February 2000.
48 WTO document WT/COMTD/N/11 of 3 February 2000.
49 Article 4 of the WAEMU Treaty.
50 Additional Act No. 04/96, as amended by Additional Acts No. 01/97 and No. 04/98.
51 Reductions of 30 per cent in 1997, 40 per cent in 1998, 60 per cent in 1999, and 100 per cent in
2000.
52 Additional Protocol No. III establishing rules of origin for WAEMU products.WT/TPR/S/118 Trade Policy Review
Page 22
common tariff and statistical nomenclature and a common customs valuation regime for goods.  A
statistical charge (RS) and a community solidarity levy (PCS) are also applied on a permanent basis
(Table II.2).  In addition, imports may be subject to a special import tax (TCI) or a degressive
protection tax (TDP)53, both are nationally applicable protection mechanisms established by the
WAEMU subject to approval by the latter’s Commission.  Niger imposed a 10 per cent TCI on rice
during the period 2000-2002, but has not applied the TDP (Chapter III(2)(iv)).
Table II.2
Permanent duties and taxes applicable to WAEMU extra-community trade
Category DefinitionCustoms
dutyStatistical
chargeCommu
nity
solidarit
y levy
01
23Essential social goods appearing on a restricted list
Staple goods, basic raw materials, capital goods, specific inputs
Intermediate products and inputsFinal consumer goods and other products not elsewhere specified0%
5%
10%20%1%
1%
1%1%1%
1%
1%1%
Source:  WAEMU Commission.
65. In addition to the CET, the member States of the WAEMU are gradually adopting a common
trade policy towards third countries, as well as within the WTO (see above).  The WAEMU
Commission has exclusive competence in this area and in principle no member State may separately
negotiate or conclude a bilateral trade agreem ent with a third country.  In 1998, the WAEMU
Commission was mandated to undertake negotiations on an agreement to develop trade and
investment relations with the United States of America and such an agreement was signed on24 April 2002.
54 This agreement commits the partners to encourage and facilitate trade in goods and
services and to guarantee conditions conducive to investment.  For this purpose, a Trade and
Investment Council has been set up in order to deal with any matters relating to trade or investment.
66. Other agreements between the WAEMU and third countries are under preparation.  In 1999,
the WAEMU Commission commenced negotiations with Tunisia for the purpose of concluding atrade agreement
55 and an agreement is also being negotiated with Morocco.  In September 2000, the
WAEMU Commission was mandated to initiate negotiations with the European Union (EU) with a
view to concluding a Regional Economic Partnership Agreement (see below).56
67. With regard to the coordination of national sectoral policies, the WAEMU has adopted
common policies in the following areas: agriculture57, energy58 and industry59.  The principal
objectives of the common agricultural policy are to help in meeting the population’s food needs and in
the economic and social development of member States, as well as in reducing poverty in rural areas.
The operating procedures for the common agricultural policy should shortly be finalized.  In this
connection, the protection granted to agricultural products under the CET – relatively higher than that
for non-agricultural products – could be increased.
                                                     
53 Regulation No. 3/99/CM/UEMOA.  The TDP should have expired at the end of 2002, but was
renewed for 2003.
54 Directive No. 07/98/CM/UEMOA.
55 Directive No. 07/99/CM/UEMOA.
56 Directive No. 03/2000/CM/UEMOA.
57 Additional Act No. 3/2001.
58 Additional Act. No. 4/2001.
59 Additional Act No. 5/1999.Niger WT/TPR/S/118
Page 23
68. Regarding land transport, which is a key aspect for the development of intra-community
trade, a community strategy and a road infrastructu re network within the WAEMU have been adopted
and put before donors.60 A community programme on the building of checkpoints on borders between
member States has been adopted and should start to be implemented in 2003.61
69. Harmonization of domestic tax legislation in member States has made progress in respect of
the value-added tax (VAT), excise duty, taxation of petroleum products (Box II.1), advance paymentof tax on industrial and commercial profits (BIC), the legal framework, government finance accounts
and statistics
62, accounting legislation (SYSCOA)63 and the regional financial market.  The WAEMU
recently introduced a community policy on competition, which came into effect on 1 January 2003,
but is not yet being applied.  The draft WAEMU Investment Charter was not adopted by the WAEMU
Council of Ministers, however, due to lack of  agreement on the question of the incentives for
approved projects.
(iii) ACP-EU Partnership Agreement
70. Niger is one of the ACP countries with which the EU has concluded a Partnership Agreement.
The latter entered into force on 1 March 2000 and was signed on 23 June 2000 in Cotonou, Benin.64
The Agreement replaces the Lomé Convention, which had been in effect since 1975 and whose fourth
extension expired at the end of February 2000.65
71. Trade provisions are one of the cooperation mechanisms between the ACP countries and the
EU.  The latter allows duty-free entry for industrial products and processed agricultural products
originating in 70 ACP countries on a non-reciprocal basis (the Agreement on Trade, Development and
Cooperation applies to South Africa).  Because of  the structure of trade with the EU, consisting
principally of uranium, Niger has mainly benefite d from the operation of the STABEX mechanism for
groundnuts, although only to a limited extent.
72. WTO Members have granted a waiver to the EU from its obligations under Article I.1 of the
GATT 1994 (concerning MFN treatment) for the period 1 March 2000 to 31 December 2007, at
which time new trade agreements consistent with the WTO’s rules must have been concluded.66
There are three options for that date:
- The conclusion of a Regional Economic Partnership Agreement (REPA) between the
EU and a regional group (for example, the WAEMU);
- integration of the country concerned in the Generalized System of Preferences (GSP)
of the EU;  or
- the conclusion of a bilateral partnership agreement.
                                                     
60 Decision No. 2/2001.
61 Decision No. 8/2000.  The borders to be used for a pilot programme are those between Burkina Faso
and Côte d’Ivoire and Togo, respectively.
62 Directives No. 5/97/CM/UEMOA, 6/97/CM/UEMOA, 4/98/CM/UEMOA, 5/98/CM/UEMOA and
6/98/CM/UEMOA, as amended.
63 Regulation No. 4/96/CM/UEMOA, as amended.
64 European Commission press release, IP/00/640.
65 Of the 71 ACP countries, 55 are members of the WTO and 41 are LDCs.
66 WTO document WT/MIN(01)/15 of 14 November 2001.  The waiver granted by the WTO
(WT/L/186), which extended the waiver under Article I (MFN) of the GATT for the fourth Lomé Conventionbetween the ACP countries and the EEC (GATT document L/7694), ended on 29 February 2000.WT/TPR/S/118 Trade Policy Review
Page 24
73. In September 2001, the EU initiated negotiations with the WAEMU, in collaboration with the
ECOWAS,67 for the purpose of concluding a REPA.  One of the major components of such an
agreement would be the elimination of non-reciprocal trade preferences for the ACP countries
concerned.  An agreement would provide that at the end of the transitional period – at the latest
2020 – the EU’s regional partners will have abolished customs duties on imports from the EU.Consequently, tax revenue will decrease and competition will no doubt be keener.  On the other hand,
consumers will benefit from lower prices and the catalytic effect on domestic enterprises.  Economic
studies are needed, however, in order to assess the actual impact on each of the ACP countries’
economies.
74. The WAEMU member countries are keeping open the GSP option.  It should be noted that the
revised GSP mechanism currently in force includes the "Everything But Arms" initiative in favour of
LDCs
68, which came into effect on 5 March 2001, and allows duty-free entry of all products except
arms, with some exceptions (rice, bananas and sugar, to which transitional arrangements apply).69 As
a result of the "Everything But Arms" initiative, the LDCs enjoy the most favourable preferential
treatment under the GSP, even more favourable than that under ACP-EU partnership agreements,except in the case of certain products covered by protocols.
70
(iv) Bilateral agreements
75. Over the years, Niger has concluded several bilateral trade and economic cooperation
agreements (Table AII.1).  The majority of the agreements with other members of the WTO provide
for the MFN regime.  More favourable terms – duty-free entry – are provided under the agreement
with Tunisia.  Within the context of the PCC, however, bilateral trade agreements signed by Niger and
other members of the WAEMU will gradually be replaced by agreements between the WAEMU andthird countries.
76. Niger has been a member of the Multilateral Investment Guarantee Agency Agreement since
11 June 2002.
71  It has also been a member of the International Centre for Settlement of Investment
Disputes (ICSID) since 14 December 1966.
                                                     
67 Directive No. 3/2000/CM/UEMOA.
68 EU Regulation 416/2001.
69 EU Regulation 2501/2001.
70 WTO document WT/TPR/S/102-2 of 26 July 2002, p. 25.
71 Ordinance No. 2001-6 of 8 August 2001, ratified by Law No. 2002-18 of 11 June 2002.Niger WT/TPR/S/118
Page 25
ANNEX II.1: TRADE-RELATED TECHNICAL ASSISTANCE
77. At the moment, Niger does not have any diploma tic mission in Geneva so technical assistance
is an essential means of maintaining links with the WTO.  Niger has occasionally used the technical
assistance provided by the WTO and other internati onal institutions, but does not appear to have made
the best use of it.  Technical assistance was requ ested in particular in order to implement the WTO
Agreements and to draw up a plan to promote exports.  In accordance with the initial provisions of the
Integrated Framework (WT/LDCHL/Rev.1), the evalua tion of Niger carried out by the World Bank at
that time should have served as the point of departure for global trade-related technical assistance
proposals.  The international organizations participating in the Integrated Framework have not to date
made any significant progress in favour of Niger, due in particular to the domestic political problemsand the lack of coordination among participants in the Integrated Framework.  A round-table on the
private sector held in November 2000 and organized by the UNDP with support from UNIDO has
been the only partial response to technical assistance needs and support for the exportable offer.
78. Technical assistance has been provided on an ad hoc basis, principally to meet general needs
for information on the WTO, but Niger needs more substantial assistance, above all assistance betteradapted to its specific problems, if it is to de rive benefit from the multilateral trading system.
Moreover, the existing institutions must be strengthened, or new institutions created, and they must be
given substantial resources for their work, which could have considerable financial and budgetary
implications.  This would also require action by several donors with differing expertise.
79. Because of the lack of human resources, institutional difficulties, and the limited absorption
capacity of government institutions responsible for foreign trade, as well as supply constraints, Niger
should be given more substantial technical assistance.
Trade-related technical assistance needs
Implementation of the WTO Agreements
80. Niger finds it difficult to implement several provisions of the WTO Agreements.  These
difficulties are due above all to the lack of institutional capacity in the implementing bodies, their
limited knowledge of the WTO Agreements, and the lack of human and financial resources to
implement them.  The areas in which Niger has the greatest need of assistance are: (i) harmonization
of legislation, regulations and rules with the WTO provisions (technical barriers to trade; sanitary and
phytosanitary measures; subsidies; trade-related investment measures; customs valuation; trade-related aspects of intellectual property rights (TRIPS)); (ii) notifications; (iii) training of officials in
WTO-related areas, particularly the building of negotiating capacity.
81. Regarding application of the WTO Customs Valuation Agreement (Chapter III(2)(iii)), Niger
does not derive full benefit from this Agreement, particularly as regards increased fiscal revenue.  It
has proven to be very difficult to achieve satisfactory results in suppressing fraud, due in part to thevery large informal sector and also to an extensive customs cordon and a highly inadequate customs
infrastructure.  According to the authorities, com puterization of customs posts is an important step
that needs to be taken.  The authorities do not have the confidence to implement the provisions of the
Agreement in full and abandon the national administrative values.  In order to implement this
Agreement, technical assistance should focus on: (i) training on the customs valuation system and
valuation controls; (ii) support for participation in meetings of the Technical Committee of the World
Customs Organization; and (iii) establishment of a data bank (on values).WT/TPR/S/118 Trade Policy Review
Page 26
82. With regard to intellectual property rights (IPR) (Chapter III(4)(iii)), according to the
authorities, Niger has received little assistance from the WTO, WIPO or other relevant organizations.
It is thus urgent to enhance knowledge and expertise in the administration, but also in other State and
private sector bodies, by means of training course s and workshops and by providing materials.  The
Industrial Development Directorate in the Ministry of Trade needs legal advice on transposing or
harmonizing certain domestic laws with the provisions of the TRIPS Agreement in order to ensureprotection of appellations of origin for some of Niger’s products (for example, Galmi onions) and to
protect industrial designs, especially for textiles.  Assistance is also needed in the services responsible
for implementing the Agreement, for example the cu stoms, as regards imports of counterfeit goods.
Niger needs jurists trained in the areas covered by the TRIPS Agreement, and also needs to train
economic operators in the new OAPI regime.
83. The lack of officials trained in WTO-related areas, particularly experts on multilateral
negotiations, as well as the lack of a diplomatic mission in Geneva (Niger does not belong to any
coalition) limit Niger’s opportunities for participatin g in the multilateral trading system.  Due to lack
of financial resources, Niger can rarely attend meetings of the WTO.  Consequently, it has relied to a
large extent on: (i) the Reference Centre; and (ii) the measures taken by the WTO in favour ofcountries not represented in Geneva to allow them to follow the WTO’s activities.
72
Training in the multilateral trading system
84. A small number of officials, principally from the Ministry of Trade, have broad knowledge of
trade policy and its instruments.  Some ministries or administrative services such as those for Rural
Development, Animal Resources, Planning, Fore ign Affairs, Mining and Energy, Transport and
Communication, Privatization and Restructuring, and Customs appear to have limited knowledge ofthe multilateral trading system (MTS), certain aspects of which are nevertheless of direct interest to
them.  This is due to the fact that these ministries have few contacts with those dealing directly with
such issues or do not apprehend fully the relevan ce of multilateral trade issues for their field of
activity.  This factor, together with a probable lack of communication/coordination among ministries,
despite the multidisciplinary unit for the follow-up to implementation of the Uruguay RoundAgreements, set up in 1997 (Chapter II(3)(iii)), explains why all MTS-related matters are only dealt
with by the Ministry of Trade.
85. Officials from ministries such as those of Foreign Affairs, Finance and the Economy
(including the Customs), Tourism and Crafts are rarely involved in the technical cooperation activities
undertaken at the regional level.  The various economic operators in the private sector also have littleinformation about the MTS and its rules; only those directly responsible for these institutions appear
to have knowledge of the multilateral system.  The 2003 Technical Assistance Action Plan drawn up
by the WTO Secretariat
73 provides for special efforts to be made in favour of LDCs.  These should be
expanded through increased collaboration among international organizations in the context of the
Integrated Framework or a possible second stage of the JITAP (a programme in which Niger would
                                                     
72 The Reference Centre was established at the Ministry of Trade in 1998 and has an electronic link
with the WTO.  This allows officials, representatives of universities or business circles and other interestedpersons to obtain trade-related information and documents by consulting the WTO’s database.  Under theinitiative for countries not represented in Geneva, Niger regularly receives information notes prepared by theSecretariat summarizing the meetings of the WTO’s bodies and committees, as well as a daily summary of news
of interest to international trade, drawn up on the basi s of press agency releases.  In addition, since 1999, it has
taken part in the Geneva Week organized each year during which representatives of countries with no mission inGeneva are invited to go to the WTO to receive information on the progress of work and to take part in the
meetings of WTO bodies.
73 WTO document WT/COMTD/W/104/Rev.1/Add.2 of 25 November 2002.Niger WT/TPR/S/118
Page 27
like to participate)74, as well as a follow-up to the round-table on the private sector, principally within
the UNDP framework, and at the regional or subregional level, for example, in the WAEMU,
OHADA and OAPI.
86. Up until now, the technical assistance provided by the WTO has aimed above all at making
the WTO system better known to senior officials.  Since 1998, two national seminars on the
multilateral trading system have been organized in Niger and officials from Niger have taken part in13 regional seminars on various WTO-related issues.
75 In addition, since 1995, four officials have
taken part in the 12-week trade policy course and one in the three-week trade policy course designed
for LDCs organized by the Training Institute76.  According to the authorities, these seminars and
training courses have done a great deal to make the WTO Agreements better known, but they are still
insufficient.  In particular, it is essential to hold national seminars and train trainers in order to bolsterthe national team of experts on the WTO.  In the 2003 plan, the WTO Secretariat has indicated the
activities envisaged both at the national and regional levels, particularly with the WAEMU.
77
Access to information
87. There are few enquiry points in Niger.  Only the WTO Reference Centre and its library,
installed by the WTO in the Ministry of Trade, are designed to provide information on the multilateral
trading system through a link with the WTO’s official site.  These give general information on the
WTO and other institutions dealing with trade matters.  They are not used to any great extent,
however, because they are within the Ministry of Trade, which means that they are not easily
accessible to other bodies or ministries dealing with WTO-related matters and are not well known to
the private sector and academia.
88. Few people within the Ministry are capable of using the computer equipment supplied.  The
Centre should therefore be given stronger support to allow it to fulfil its role effectively.  The
computer equipment provided by the WTO will be replaced and expanded as part of the technical
assistance action plan for 2003.
Institutional support for the Ministry of Trade
89. In Niger, the Ministry of Trade plays a leading role in the follow-up and implementation of
the WTO Agreements (Chapter II(2)(iii)).  It nevertheless finds it extremely difficult to play such a
role, not only because of disputes on competence with other bodies (for example, the customs service)
or lack of coordination, but also because of the current lack of officials able to deal with the subject.
The lack of institutional memory within the Ministry is due to the fact that the majority of well-trainedofficials, particularly those who attended the GATT/ WTO trade policy courses, have left the Ministry
for other jobs or have left Niger, but is also due to the lack of financial resources.
                                                     
74 JITAP:  "Joint Integrated Technical Assistance Programme".
75 Niger has participated in regional seminars on  the following themes:  trade and environment; the
integrated database (IDB); the post-Doha Agenda; sanitary and phytosanitary measures; technical barriers to
trade; GATS; agriculture, regional integration; dispute settlement practices and procedures; market access;
WTO rules on safeguard, anti-dumping and countervailing measures; textiles; notifications; and the ReferenceCentre.
76 WTO Training Institute.
77 WTO document WT/COMTD/W/104/Rev.1/Add.2 of 25 November 2002.WT/TPR/S/118 Trade Policy Review
Page 28
Supply constraints
90. Supply constraints are one of the major obstacles to the expansion of foreign trade in Niger
(Chapter IV).  In order to overcome these problems, there does not only need to be a wide range of
providers of technical assistance, but their action need s to be better coordinated.  In this respect, the
Integrated Framework, a mechanism involving six multilateral organizations (IMF, ITC, UNCTAD,UNDP, World Bank and the WTO), could coordinate th e supply of trade-related technical assistance
to LDCs.  The Integrated Framework could help Nige r to enhance the consistency of its trade-related
policies by integrating trade priorities into its poverty reduction strategy.  Niger would like to take
part in the pilot programme of the revised Integrated Framework.
Integration of international trade into the development plan
91. The development of international trade is integrated in Niger’s PRS, adopted in 2002
(Chapter II(2)(ii)).  The question of trade was also included in the Programme to Combat Poverty by
UNDP, which included the holding of round tables in 1998 and 2001 as well as the round table for the
private sector organized jointly by UNDP/UNIDO in 2000.
Integration at the institutional level
92. Niger has the political determination to improve its foreign trade performance, but lacks the
institutional capacity needed to plan and implement all the measures required to meet that objective.
This is the case, with policy changes at the national level as a result of multilateral, regional and
bilateral agreements concluded by Niger (Chapter II(4)).  Capacity at the Ministry of Trade and other
institutions responsible for promoting trade such as  the CCAIN are limited due to the lack of financial
resources.  Furthermore, the division of responsib ility for formulating and implementing trade policy
leads to competition for resources.
Integration at the level of the Government-donors partnership
93. Niger receives aid from various sources, but there is little coordination among its
development partners, due in part to general lack of coordination in the formulation of policies and
between institutions.  The World Bank, the IMF, UNDP, the EU (particularly France, which provides
over 70 per cent of the bilateral aid, Germany, and Luxembourg), and USAID inter alia  play a role in
foreign trade.  The result is not only to limit the benefits which aid could provide but also to impose a
heavy additional burden on government authorities,  whose capacity is already insufficient.  The
Integrated Framework was designed in particular to remedy this problem at the level of multilateral
organizations and to enhance the coordination and coherence of policies.
Adaptation of legislation
94. Technical assistance could be envisaged in order to bring the legal framework into conformity
with the provisions in the WTO Agreements and update it.
Implementation of the Agreements
95. The main problem is lack of information on the provisions of the Agreements to be
implemented and on the necessary action to be taken.  The crucial question of implementation will not
be completely resolved until there is better knowledge of the Agreements.  Substantial technical
assistance is therefore needed.  The areas of most concern to Niger as regards implementation are:Niger WT/TPR/S/118
Page 29
technical barriers to trade; sanitary and phytosanitary measures; subsidies; trade-related investment
measures; customs valuation; and trade-related aspects of intellectual property rights (TRIPS).
Participation in the WTO and trade negotiations
96. The issue most cited by Niger’s authorities concerns more active participation in the work of
the WTO and in trade negotiations.  In this connection, the authorities would like their officials to bebetter informed and prepared for multilateral negotiations and future negotiations.  Technical
assistance is required in particular in the form of seminars/workshops on subjects included in the
WTO work programme under the Doha Ministerial Declaration, especially matters related to
competition, investment and government procurement, as well as negotiating techniques.
78
Notifications
97. Niger has only made a few notifications to the WTO (Table II.1) and continues to encounter
difficulties in this respect.  According to the authorities, the delay is mainly due to poor understanding
of the regulations and the way in which notifications (often considered to be highly technical) must be
drawn up and communicated to the WTO Secretaria t, but also to limited knowledge of the WTO
Agreements.  Coordination problems among the ministries concerned should also be mentioned.
98. Niger has indeed received aid from the WTO Secretariat in the form of documents and
through participation in seminars by officials from Niger.  Nevertheless, as the problems persist, the
authorities would like to receive further assistance from the WTO Secretariat on notifications,
especially technical missions (or even the holding of a national seminar) to the various ministries and
institutions concerned.
                                                     
78 Contained in the WTO’s 2003 Technical Assistance Plan.