RESTRICTED  
  
JOB/ACC/COM/5  
 
26 April 2017  
(17-2306) Page: 1/44 
Working Party on the Accession of  
the Union of the Comoros   
  
ACCESSION OF THE UNION OF THE COM OROS  
FACTUAL SUMMARY OF P OINTS RAISED  
 The attached Factual Summary of Points Raised on the Accession of the Union of the 
Comoros to the WTO has been prepared by the Secretariat, based on documentation being 
examined in the  Working Party.  
 
 
_______________  
 JOB/ACC/COM/5  
 
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TABLE OF CONTENTS  
I. INTRODUCTION  ................................ ................................ ................................ ....... 5 
DOCUMENTATION PROVIDED  ................................ ................................ ...........................  5 
INTRODUCTORY STATEMENTS  ................................ ................................ ..........................  5 
II. ECONOMIC POLICIES  ................................ ................................ ...............................  6 
- Monetary and Fiscal Policy  ................................ ................................ ......................  6 
- Foreign Exchange and Payments  ................................ ................................ .............  8 
- Investment Regime  ................................ ................................ ................................ . 8 
- State Ownership and Privatization  ................................ ................................ ........  10 
- Pricing Policies  ................................ ................................ ................................ ...... 10 
- Competition Policy  ................................ ................................ ................................ . 11 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES  ................................ .........  11 
- Powers of Executive, Legislative and Judicial Branc hes of Government .................  11 
- Authority of Sub -Central Governments  ................................ ................................ .. 14 
IV. POLICIES AFFECTING TRADE IN GOODS  ................................ ................................  14 
- Trading Rights  ................................ ................................ ................................ ....... 14 
- Trade Faci litation  ................................ ................................ ................................ ... 16 
A. IMPORT REGULATIONS  ................................ ................................ ..........................  16 
- Ordinary customs duties  ................................ ................................ ........................  16 
- Other duties and charges  ................................ ................................ .......................  17 
- Tariff rate quotas, tariff exemptions  ................................ ................................ ...... 17 
- Fees and charges for services rendered  ................................ ................................ . 17 
- Application of internal taxes to imports  ................................ ................................ . 18 
- Quantitative import restrictions, including prohibitions, quotas and 
licensing  systems  ................................ ................................ ................................ . 18 
- Customs valuation  ................................ ................................ ................................ . 19 
- Rules of origin  ................................ ................................ ................................ ....... 20 
- Other customs formalities  ................................ ................................ .....................  20 
- Preshipment inspection  ................................ ................................ .........................  20 
- Anti-dumping, countervailing duties, safeguard regimes ................................ ....... 20 
B. EXPORT REGULATIONS  ................................ ................................ ..........................  21 
- Customs tariffs, fees and charges for services rendered, application of 
internal  taxes to e xports  ................................ ................................ ......................  21 
- Export restrictions  ................................ ................................ ................................ . 21 
- Export subsidies  ................................ ................................ ................................ .... 21 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  ...............................  21 
- Industrial policy, i ncluding subsidies  ................................ ................................ ..... 21 
- Technical barriers to trade, standards and certification  ................................ .........  22 
- Sanitary and phytosanitary measures  ................................ ................................ ... 24 
- Trade -related investment measures  ................................ ................................ ...... 27 JOB/ACC/COM/5  
 
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  - State -trading entities  ................................ ................................ ............................  27 
- Free zones, special economic areas  ................................ ................................ ....... 27 
- Government procurement  ................................ ................................ ......................  27 
- Transit  ................................ ................................ ................................ ...................  28 
- Agricultural policies  ................................ ................................ ...............................  28 
(a) Imports  ................................ ................................ ................................ .................  28 
(b) Exports  ................................ ................................ ................................ ..................  28 
(c) Internal policies  ................................ ................................ ................................ .... 28 
- Trade in civil aircraft  ................................ ................................ .............................  29 
V. TRADE -RELATED INTELLECTUAL PROPERTY REGIME  ................................ .............  29 
- GENERAL  ................................ ................................ ................................ ...............  29 
- Intellectual property rights policy  ................................ ................................ .........  29 
- Responsible agencies for policy formulation and impleme ntation  .........................  30 
- Participation in international intellectual property agreements  .............................  30 
- Application of national and MFN treatment to foreign nationals  ............................  31 
- Fees and taxes  ................................ ................................ ................................ ....... 31 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS  ................................ ................................ ................................ ..................  31 
- Copyright and related rights (including rights of performers,  producers of 
phonograms and broadcasting organizations)  ................................ .......................  31 
- Trademarks, including service marks  ................................ ................................ .... 32 
- Geographical indications, including appellations of origin  ................................ ..... 33 
- Industrial designs  ................................ ................................ ................................ .. 33 
- Patents  ................................ ................................ ................................ ..................  33 
- Plant variety protection  ................................ ................................ .........................  34 
- Layout Designs of Integrated Circuits  ................................ ................................ ... 34 
- Requirements on undisclos ed information, including trade secrets and test 
data ................................ ................................ ................................ .......................  34 
- All other categories of intellectual property  ................................ ..........................  34 
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS  .................  34 
- ENFORCEMENT  ................................ ................................ ................................ ....... 35 
- Civil judicial procedures and remedies  ................................ ................................ .. 35 
- Provisional measures  ................................ ................................ ............................  35 
- Administrative procedures and remedies  ................................ ..............................  35 
- Special border measures  ................................ ................................ .......................  36 
- Criminal procedures  ................................ ................................ ..............................  36 
VI. POLICIES AFFECTING TRADE IN SERVICES ................................ ............................  36 
VII.  TRANSPARENCY  ................................ ................................ ................................ ..... 37 
- Publication of information on trade  ................................ ................................ ....... 37 
- Notifications  ................................ ................................ ................................ ..........  37 
VIII.  TRADE AGREEMENTS  ................................ ................................ .............................  37 JOB/ACC/COM/5  
 
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  CONCLUSIONS  ................................ ................................ ................................ ................  38 
ANNEX 1  ................................ ................................ ................................ .........................  39 
ANNEX 2  ................................ ................................ ................................ .........................  42 
 JOB/ACC/COM/5  
 
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I. INTRODUCTION  
1. The Government of the Union of the Comoros (hereinafter: Comoros) applied for accession 
to the World Trade Organization (WTO) in February 2007.  At its meeting on 9 October 2007 , the 
General Council established a Working Party to examine the application of the Government of the 
Union of the Comoros to accede to the WTO under Article XII of the Marrakesh Agreement 
establishing the WTO.  The terms of reference and the membership of  the Working Party are 
reproduced in document WT/ACC/COM/2.  
2. The Working Party met on 2 December 2016  [,…] under the Chairmanship of H.E. Mr. Luis 
Enrique Chávez Basagoitia (Peru).   
DOCUMENTATION PROVID ED 
3. The Working Par ty had before it, to serve as a basis for its discussions, a Memorandum on 
the Foreign Trade Regime of the Union of the Comoros (WT/ACC/COM/3), the questions submitted 
by Members on the foreign trade regime of the Union of the Comoros, together with the re plies 
thereto, and other information provided by the authorities of the Union of the Comoros 
(WT/ACC/COM/5; WT/ACC/COM/6; WT/ACC/COM/7; WT/ACC/COM/8; WT/ACC/COM/9; 
WT/ACC/COM/10; WT/ACC/COM/11; WT/ACC/COM/14 ; WT/ ACC/COM /17) including the legislative 
texts and other documentation listed in Annex 1 to this [Report ]. 
INTRODUCTORY STATEME NTS 
4. The representative of Comoros said that trade was an indispensable lever for putting the 
country on the path of economic growth. He added that acceding to the WTO and undertaking the 
required commitments would allow Comoros to modernise its administration a s well as  economic 
and trade -related legislation , thereby creating an  enabling environment for business and 
investment.   
5. He noted that  the Comorian economy was experienc ing a structural imbalance , which had 
been caused by the narrowing of the export  base and the economy's heavy dependence on 
development aid and transfers from the diaspora. Comoros' external debt burden had become 
unsusta inable and the International Monetary Fund and the Word Bank had agreed in 2012 that the 
country had reached Completion Point under the Enhanced Heavily Indebted Poor Countries 
Initiative, which had result ed in a significant reduction in the cost of servic ing the external debt.  
Furthermore, poverty affected 44% of the population.   
6. Specific reforms foreseen by the Government were outlined in the Accelerated Growth and 
Sustainable Development Strategy  (Stratégie de Croissance Accélérée et de Développement 
Durable, SCAD D) for 2015 -2019 and in the  five-year investment  plan for 2016-2021. The SCADD 
incorporated the implementation of trade policy as an aspect of the national development strategy.  JOB/ACC/COM/5  
 
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  The investment plan  focused on good governance , provided for fiscal  consolidation , and  made 
provisions  on inter alia  investment in infrastructure  and economic diversification.  
7. The representative of Comoros added that  WTO Membership  was an integral part of 
Comoros' economic growth and poverty reduction strategy and that the Comorian Government  was 
determined to complete the accession  process as quickly  as possible. He acknowledged that while 
Comoros was fully committed to completing  the accession negotiations on a priority basis , it was  
facing capacity constraints  and was thus in need of technical assistance.  
8. Members welcomed the importance Comoros attached to the multilateral trading system 
and pledged to support and work constructively towards a rapid accession. They also welcomed the 
substantive work undertaken by Comoro s thus far, while noting that some issues would require 
further work to bring Comoros'  foreign trade regime into full conformity with WTO rules and 
requirements.  
9. The Working Party reviewed the economic policies and foreign trade regime of Comoros 
and the possible terms of a draft Protocol of Accession to the WTO. The views expressed by 
members of the Working Party on the various aspects of Comoros' foreign trade regime and on the 
terms and conditions of Comoros' accession to the WTO are summarized below in  paragraphs 10 to 
[...].   
II. ECONOMIC POLICIES   
- Monetary and Fiscal Policy  
10. The representative of Comoros said that the regulatory framework governing money, credit 
and bank s upervision in the Union of the Comoros  was laid down in federal laws Nos. 80 -07 and 
80-08 of 26 June 1980 regulating banks and  financial establishments . These laws also defined the 
role of the Central Bank of Comoros ( Banque Centrale des Comores, BCC ), which was  to conduct  
the monetary policy of the Union of the Comoros by  maintaining price stability while regulating the 
money s upply.   
11. The aim of monetary policy was to contribute to stabilizing the macroeconomic situation 
through monetary means and exchange  rate policy , and to support the exchange rate peg to the 
euro. The BCC's monetary instruments for control ling liquidity and achiev ing monetary targets 
included  refinancing ceilings, the discount rate , and mandatory reserves.  The interest rates on 
lending were set freely by financial establishments on the basis of  floor and ceiling rates announced 
by the Minister for Finance acting on a proposal from the BCC.  
12. In reply to a specific question, the representative of Comoros said that there was no 
restriction o n the opening of foreign banks or bank branches in Comoros, provided the conditions 
for granting approval by the BCC were met .  JOB/ACC/COM/5  
 
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  13. Concerning fiscal policy, the representative of Comoros said that his Government was 
pursuing a medium -term budgetary strategy a s part of  its cooperation with the IMF, which focused 
on improving revenue  collection , the supervision and efficient management of public expenditure, 
and the settlement of  domestic payment arrears.  Key elements of the strategy included expan sion 
of the ta x base and strengthening the efficiency of the tax and customs administration s. Measures 
already taken included (i) the introduction of a single taxpayer identification number system; (ii) 
the implementation of  the Automated System For Customs Data ( ASYCUD A++) for customs 
revenue management; (iii) the completion of a census of major taxpayers and refocusing the 
activities of the Large Enterprise  Directorate  (Direction des Grandes Entreprises, DGE ); and (iv) 
reduc ing ad hoc customs and tax exemptions  granted  by the Minister of Finance  for social, 
humanitarian and development reasons  to mosques , Koranic schools and orphanages,  or as 
donations following natural disasters. In response to a specific question, the representative of 
Comoros said that the Large Ente rprise Directorate  (previously the Business Taxation Service)  was 
a technical directorate within the General Tax and Property  Administration ( Administration 
Générale d'Impôts et des Domaines, AGID ) responsible for the taxation of all enterprises with a 
turnover of more than KMF 50,000,000  and of all legal persons regardless of their turnover.  
14. The representative of Comoros added that t he major sources of government revenue were 
internal taxes, customs duties and taxes levied on imports and corporate tax.   
15. The representative of Comoros noted that the  rapid increase in wage outlays in recent 
years had weakened government savings, crippled the Government's  ability to support public 
investment and growth, and caused the accumulation of large payments arrears , which hamper ed 
macroeconomic stability. He noted that reining in the wage bill would be the most important 
element of expenditure policy. The Government had foreseen  corrective measures  which included 
(i) a freeze on civil service recruitment, effective 8  August 2008; (ii) a reduction of government 
ministerial portfolios from  35 to 26, effective November 2008; (iii) full computerization by 
end-December 2008; (iv)  implementation of a computer -based, integrated, payroll management 
system by  end-December 2008; ( v) adoption of organic frameworks setting the appropriate 
structure and  optimal level of civil service staffing by end -June 2009 ( as per IMF memorandum); 
and (vi) the establishment in 2012 of AGID. The wage bill was to be reduced to below 8% of GDP 
by 2013 . 
16. It was envisaged that, indirectly, the private sector would also contribute to moderating the 
wage bill. Rather than reviewing private sector wages, the objective was to build production 
capacity  and expand exports , thereby generating additional income a nd creating more jobs . 
In turn, this would  reliev e pressure on the civil service , which was the country's principal employer.  
In this context, the Government would promote the use of labour intensive projects, based on the 
High Labour Intensity (HLI) appr oach aimed at generating large employment numbers.  
17. He added that a  new tax code  had been in force since 2011.  Reining in the wage bill had 
not been the main purpose of the new tax code.  JOB/ACC/COM/5  
 
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  - Foreign Exchange and Payments  
18. The representative of Comoros said that the foreign exchange system in the Union of the 
Comoros was based on the legal and  regulatory framework provided under (i) Law No. 80 -08 of 
26 June 1980 on money and the role of  the Central Bank of Comoros (B CC) in the supervision of 
banks and financial establishments, credit and foreign exchange; (ii) Decree No. 87/005/PR of 
16 January 1987 regulating financial relations between Comoros and other countries; and 
(iii) Decision No.  98/683/EC of  23 November  1998 of the Council of the European Union concerning 
the legal basis for relations in  exchange rate matters relating to the CFA franc and the Comorian 
franc (KMF).  
19. He noted that Law No. 80 -08 of 26  June 1980 had fully liberalized the foreign exchange 
system. Under Decision No.  98/683/EC of the Council of the European Union of 23 November 1998, 
Comoros had entered into a commitment with the European Union on exchange rate matters, 
which established a fixed parity between the euro and the Comorian franc (BCC Cir cular No. 02 99 
on the parity between the euro an d the Comorian franc). The exchange rate was set at €1 = KMF 
491.9677.   
20. The representative of Comoros added that, under the provisions laid down in Decree 
87-005/PR of 16 January 1987, financial transactions between Comoros and other countries had 
been lib eralized  (Article 1) . This Decree also provided the legal basis for a statutory obligation to 
surrender foreign exchange from export transactions within 30 working days, calculated from the 
date of receipt of the foreign exchange,  to the exchange office at  the BCC. This requirement was 
part of the measures designed to bring the balance of payments into equilibrium.  
21. In June 1996, Comoros had accepted Article VIII of the IMF's Articles of Agreement 
providing for freedom of current and capital transfers   
- Investment Regime  
22. The representative of Comoros said that Comoros had adopted a new Investment Code in 
2007 (Law No. 07 -10/AU) with a view to boosting the country's  attractiveness to investors by 
offering an updated package o f benefits . The policy tools used to attract foreign direct investment 
included (i) the establishment of a National Investment Promotion Agency ( Agence Nationale pour 
la Promotion des Investissements, ANPI ); (ii) the elaboration of a programme for improvin g the 
business climate; (iii) measures to encourage capital inflows; (iv) equal treatment of foreign and 
domestic investors; (v) incentive  regimes providing for tax relief; (v) labour regulations that 
matched international standards; and (vi) ratification of the Convention Establishing the Multilateral 
Investment Guarantee Agency  (MIGA).  He added that Comoros would also accede to the  Common 
Market for Eastern and Southern Africa  (COMESA ) Common Investment Area, but was yet to ratify 
this investment agreemen t.  
23. The representative of Comoros  noted that foreign investment was subject to the same 
requirements as domestic investment  and had to fit within the Government's development policy , JOB/ACC/COM/5  
 
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  which targeted poverty reduction and the promotion of financial inclusion . All economic sectors 
were open to investment except where the undertaking would represent a threat to national 
security, the environment or public health, or would violate domestic legislation or regulations. 
He clarified that there was no specific list of sectors meeting these criteria. Foreign investors could 
invest freely in Comoros  subject to specific provisions , which sought t o ensure the protection of 
health and public health, social protection and public economic order.  Social protection was  a 
concept aimed at reducing social exclusion and  exposure to social risks by inter alia  enabling 
access to financing and basic social services  for the disadvantaged and vulnerable segments of the 
population.  
24. Benefits under the Investment Code were the same for both domestic and foreign 
investors. Two investment regimes applied – one for enterprises investing between KMF 5,000,000 
and KMF 100,000,000 and proposing a significant job creation programme that gave preference to 
Comorian nationals (regime A); and one for enterprises investing more than KMF 100,000,000 and 
proposing a more significant job creation programme that gave preference to Comorian nationals 
(regime B). The specific benefits included (i) a reduced maximum rate  of the Single Administrative 
Charge  (Redevance Administrative Unique, RAU ) on imports of equipment and materials specifically 
intended for production or operation within the framework of the approved programme for a period 
of 7 years (regime A) or 10 years (regime B); (ii) 100% deduction of  the investment from the 
taxable profit spread over 5 (regime A) or 8 (regime B) consecutive tax years ; (iii) exemption for 
an additional period of 2 years for enterprises established in rural areas; (iv) at the end of the 
concession period, the maximum ra te on imports of raw materials specifically intended for 
production would be reduced to half the current minimum rate; and (v)  an exemption from 
turnover tax for equipment and materials . He added that any enterprise approved or considered to 
have priority within the context of the economic and social development plan of the Union of the 
Comoros could conclude an establishment agreement with the Government that accorded certain 
guarantees while imposing certain obligations.  Asked specifically about the turno ver tax, the 
representative of Comor os said that there had been no turnover tax since the 1990s.  
25. Tourism and fisheries  had been identified as strategic growth sectors where the 
Government aimed at attracting forei gn direct investment. While a specific sec toral strategy for 
fisheries had not yet been adopted, the outlines of such a strategy had been laid out in a note 
drawn up with the support of the World Bank.   
26. He added that t he ANPI was a government institution which facilitated the establishment of 
new businesses and promoted business activity by granting concessions accorded within the 
framework of the Investment Code. In the absence o f any foreign trade promotion structure, the 
ANPI also acted as the body responsible for promotion  of production  and for eign trade. A draft 
revision of the Investment Code was currently under preparation and envisaged formally extending 
the ANPI's mandate to exports.   
27. Asked about Comoros' economic citizenship programme, the representative of Comoros 
said that t he status of economic partner could be acquired by any foreigner fulfilling the JOB/ACC/COM/5  
 
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  requirements set out in the Law on Economic Citizens hip in the Union of the Comoros and  willing to  
invest a minimum sum as fixed by the finance law for the given budgetary year.  The economi c 
citizenship programme sough to promote foreign direct investment and to increase State revenue.   
- State Ownership and Privatization  
28. The representative of Comoros said that the establishment of a stable po litical and 
institutional framework since 2001 had given new impetus to the process of economic 
restructuring. A decision had been taken to redefine the role of the State in the economy and to 
prioritiz e the role of the private sector as a driver of develo pment. Six State enterprises had been 
privatized since the 1990s , including most recently  the Comoros Development Bank ( Banque de 
Développement des Comores , BDC).  
29. At present, the State -owned companies (public monopolies) included (i) SCH - Société  
Comorien ne des Hydrocarbures (hydrocarbons) ; (ii) MAMWE  (water and electricity)  (iii) Comor es 
Télécom ; (iv) SNPSF  - Société Nationale de la Poste et des Services Financiers  (postal services) ; 
(v) COMAIR (ground -handling at airports) ; and (vi) ONICOR  (rice imports and marketing) . 
Comores Télécom  and COMAIR were due for privatization, but no specific privatization schedule 
had been set. SCH, MAMWE , ONICOR and SNPSF would be restructured  prior to privatization .  
30. In his view, his Government had set up a transparent, pr o-competitive institutional 
framework for economic liberalization by ensuring the active involvement of the private sector. 
The entities responsible for implementation were joint bodies comprising inter alia  private sector 
and civil society representatives . The Comor ian Government sought to divest itself of its shares of 
production by establishing a privatization commission to oversee the process. Privatization would 
be carried out by means of an international tender procedure.  
31. He added that t he liberaliza tion process was ongoing. Thus, in the tele communications  
sector, a licence had been granted to a new private telecom munications  services provider (Telma). 
In the commercial banking sector, two banks had become privately owned (Banque pour l'Industrie 
et le Commerce  and Banque  de Développement des Comore s). As for trade in ordinary rice 
(ONICOR) and hydrocarbons (SCH), distribution and sale had been privatized and only import 
operation s remained under the control of the  State -owned enterprises . He added tha t there had 
also been an  unsuccessful attempt to privatize the national water and electricity company  
(MAMWE ).  
- Pricing Policies  
32. The representative of Comoros said that prices in Comoros were determined by market 
forces . Price controls had ceased to exist with the adoption of the 2013 Competition Law. 
Nevertheless the State reserved the right to regulate certain  basic necessities  (Article 4 of the 
Competition Law) . JOB/ACC/COM/5  
 
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  33. Ordinary rice, hydrocarbons, water and electricity, postal  services  and telecommunications 
were subject to administered prices.  The G overnment administered the price of ordinary rice and 
hydrocarbons in order to stabilize consumer prices. The G overnment intended to liberalize the 
water and electricity, postal , and telecommunications sectors and would accordingly lift the 
applicable price controls.  
34. Pursuant to Decree No. 96 -159/PR, 12 staple products were subject to price approval prior 
to being placed on the market. The Government's aim was to allow access to thes e products at an 
affordable price taking into account the purchasing power of consumers. Import duties on these 
products were set at 0%. Importers provided supporting documents for the purpose of verifying 
the eligibility of products and all charges inhere nt in the operation. The end consumer selling price 
was determined on the basis of the importer's costs and the profit margin assigned by the Ministry 
responsible for trade, in collaboration with the Comorian Federation of consumers. The profit 
margin depe nded on the product category.  
- Competition Policy  
35. The representative of Comoros said that competition policy in Comoros was regulated  
under the provisions of the Competition Law (Law No. 13 -014/AU of 26 December 2013). Th is Law 
had been designed to promote the operation of market forces by controlling or eliminating any 
practice aim ed at,  or having the effect of , restricting competition in a manner detrimental to the 
development of the national economy and to the interests  of consumers (Article 1). Pursuant to 
Article 5 of this Law, the import and export prices of goods and services were determined by 
market forces. A Competition Commission , in charge of implementing this Law, would be 
operational in the second quarter of 2 017.  
36. He added that, in line with Article 4 of this Law, Comoros envisaged the introduction o f 
provisions on S tate aid or government support within the framework of competition  policy. In reply 
to a specific question, he said that the Competition Law provi ded for the control and review of 
mergers  (Article 16) .  
III. FRAMEWORK FOR MAKING  AND ENFORCING POLICI ES 
- Powers of Executive, Legislative and Judicial Branches of Government  
37. The representative of Comoros said that the Constitution of Comoros separated the 
executive, legislative and judicial powers of the State. The President of the Union of the Comoros 
was the President of the Republic, the Head of State and the Head of Government. The President 
was elected for terms of five years by popular suffrage on a ticket that included three 
Vice-Presidents, one for each of the islands. The President and the three Vice -Presidents were 
invested by the Constitutional Court. Their term of office was non -renewable and they could be re -
elected once only. The President appointed members of the government, assisted by the three 
Vice-Presidents. In each island, the executive power  was exercised by a Governor elected for a five 
year term.  JOB/ACC/COM/5  
 
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  38. Asked to describe the line of succession among the three Vice -Presidents, the 
representative of Comoros said that Article 14 of the Constitution set out that in case of vacancy or 
permanent incapac ity of the President, a new President should be elected within 60 days. 
The functions of the President would provisionally be performed by the senior of the 
Vice-Presidents. In the event of vacancy or permanent incapacity of a Vice -President, he would be 
replaced by the Council of his island of origin at the proposal of the President.  
39. Legislative power was vested in the National Assembly. The National Assembly consisted of 
33 members elected for terms of five years. The texts of law approved by the National  Assembly 
were brought before the President of the Union  who would either enact or return the texts to the 
Assembly for a second reading. The texts returned by the President had to be approved by the 
National Assembly by a  vote with a two -thirds majority f or constitutional matters or by a simple 
majority for other matters before having the force of law. All laws, decrees and international 
agreements were published in the Official Journal of the Union of the Comoros three days after 
signature. The National A ssembly was empowered to call Min isters or other members of the 
Government to account by addressing a petition , signed by at least one third of the Assembly 
members , to the President of the Union. A vote would need a two thirds majority. The President 
was under an obligation to terminate the functions of the Minister or Min isters or other members of 
the G overnment targeted by the petition. Each of the three islands had a Council (island 
parliament).  
40. Judicial power in Comoros was exercised by a system of cou rts consisting of the Federal 
Supreme Court, comprising the Court of Cassation and an audit chamber; the Constitutional Court; 
the Court of Appeal; three courts of first instance, one for each island in Moroni, Mutsamudu and 
Fomboni; and specialised courts  (magistrates courts and labour courts). Other courts could be 
established under law. One such example was the Court of Arbitration and Mediation ( Cour 
d'arbitrage et de médiation des Comores, CACOM ), which had been operational since 
February  2013, and whi ch provided a framework for the resolution of certain conflicts with a panel 
of mediators or arbiters as agreed by the parties. The  independence of the judiciary from the 
executive and the legislature was set out in Article  29 of the Constitution and guara nteed by the 
President of the Union. The courts were governed under Law No.  87-021 of 23  September  1987 
establishing "the organization of the courts […] and the fundamental principles applicable to 
disputes […]", and  the Law of 30  December  1992 on the oper ation of courts (with the exception 
of Kadhis  courts). The Code  of Civil Procedure had been adopted under Ordinance No.  01-016 CE in 
2004, and provided for the court of cassation, arbitration and informal procedures. 
The representative of Comoros said that  judicial decisions were recorded in the Minutes of the 
Palais de Justice and could be consulted in the Registry.  
41. The Supreme Court was the highest court in judicial, administrative and auditing matters in 
the Union and the islands. Decisions by the Suprem e Court could not be appealed and were binding 
on the executive, the legislature and all courts in the territory of the Union. The Constitutional 
Court ruled on the constitutionality of the laws in accordance with Article 31 of the Constitution, 
and was th e jurisdictional authority on electoral matters. The Constitutional Court was the JOB/ACC/COM/5  
 
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  guarantor of the division of competences between the Union and the islands and ruled on conflicts 
of jurisdiction between two or more Union bodies, between the Union and the islands, and between 
the islands themselves. The Constitutional Court was also the guarantor of fundamental human 
rights and civil liberties. Decisions by the Constitutional Court were final.  
42. The matters ruled on by the courts of first instance could be a ppealed to the Court of 
Appeal. As in the specialized courts and courts of first instance  it was often the same judges who 
oversaw the different chambers (administrative, civil, criminal, commercial and social) , a single 
Court of Appeal , sitting in the cap ital, had been established to ensure consistency. Furthermore, 
the Ministry of Justice was  planning a further reorganization of the judiciary targeting capacity 
building, specialization of  judges and an enhanced recruitment policy.  
43. [Commercial matters cou ld be appealed a second time to] the Cassation Chamber at the 
Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of 
African Business Law (OHADA). The CCJA was the highest commercial court, and acted as a 
supreme court for all the commercial courts of the OHADA member countries. Comoros had a law 
on commercial arbitration, the OHADA Uniform Act on Arbitration, and procedural texts on the 
recognition and enforcement of Comorian and foreign arbitral awards.  
44. All appeals per taining to customs procedures were man aged by the legal departments of 
the customs.  
45. Judges were, in the performance of their duties, subject only to the authority of the law, 
and trial judges could not be removed. The President of the Supreme Court of Jus tice was 
appointed by the President of the Union  among the Supreme Court judges, after consultation with 
the Judicial Service Commission. The State was represented by the Public Prosecutor.  
46. The Ministry of Economy and Trade was responsible for trade policy  and for coordinati on 
with other ministries responsibl e for trade -related matters. The Ministry of Economy and Trade was 
headed by one of the Vice -Presidents. Cases of disagreements between ministries were submitted 
to the Council of Ministers. Strategic d ecisions such as the formulation of the Government's trade 
policy and its negotiating positions in regional and multilateral trade negotiations were taken by the 
Council of Ministers.  
47. The government had set up a National Forum on Trade Policy Development ( Forum 
National pour le Développement de la Politique Commerciale, FNDPC ). The FNDPC advised the 
authorities in all trade negotiations and was a forum for consultation. The FNDPC comprised high -
level officials from various ministries (including focal points  on trade policy issues) and 
representatives of the principal economic sectors (through socio -professional organizations) and 
resident missions of development partners present in the capital. Representatives of the private 
sector and foreign governments in  the FNDPC were only involved for purposes of consultation and 
coordination and in an advisory capacity ; they did not have access to negotiating documents or 
other official documents. Within the FNDPC, a specialist group had been established on WTO 
matters , the Enhanced Integrated Framework and the Aid -for-Trade programme. This group JOB/ACC/COM/5  
 
- 14 - 
 
  formulated trade policy initiatives and recommendations on behalf of the FNDPC to the Council of 
Ministers; coordinated the implementation of trade policy decisions taken  by th e Council 
of Ministers; and acted as coordinator on WTO matters in close cooperation with the [National 
Committee on WTO Accession]. The government also solicited the views of industry associations, 
the Chambers of Commerce, the private sector and local is land communities on trade policy.  
- Authority of Sub -Central Governments  
48. The central government had competence in political, legislative and administr ative matters 
of national scope and  external relation s; it exercised all sovereign powers and provided public 
services. The three islands,  Anjouan (Ndzouani), Mohéli (Mwali) and Grande Comore (NGazidja), 
were autonomous regional authority units which governed themselves freely within the framework 
of the sta tutory laws adopted by them in conformity with the Constit ution. The areas which came 
under the  responsibilit y of the islands,  as set out in Article 9 of the Constitution , were: 
administration of local authorities; organization of administrative, commercia l or industrial 
establishments and bodies of interest to the island, other than State companies; urban and rural 
police; fairs and markets; study allowances and island grants; road networks; development of 
secondary routes; island land development; constru ction, equipment, maintenance and 
management of teaching and healthcare establishments and staff; small -scale fishing; and 
agriculture and livestock farming , excluding strategies and research. Island authorities consisted of 
a Governor elected by universal  suffrage by the citizens of the island and a directly elected 
deliberative Council (island parliament). The Governor was assisted in his /her duties by an 
executive body of ministers ( commissaires ). Island authorities had their own sub -authorities, which 
were regional and communal authorities. Island authorities were overseen by the Ministry of the 
Interior. A framework had been set up for regular consultations between the President of the 
Union , the Governors of the three islands and the President of the N ational Assembly.  
49. The representative of Comoros said that tax legislation was adopted at the Union level via 
the Finance Law. Island authorities were empowered to levy and collect certain taxes - "trade tax " 
(patente ), vehicle tax  - for their own revenue, and they could grant subsidies for the operation of 
certain public institutions, including schools and hospitals.  
IV. POLICIES AFFECTING T RADE IN GOODS  
- Trading Rights  
50. The re presentative of Comoros said that, to conduct business in Comoros, all natural and 
legal persons ( other than  cooperatives) had to register in the Trade and Personal Property Credit 
Register ( Registre du Commerce et du credit mobilier, RCCM ). Cooperatives w ere registered in the 
Register of Cooperative Societies. The RCCM was held by a commercial chamber of the court of 
first instance. Applications for registration were filed with this chamber. Individuals could register 
as sole entrepreneurs. In addition, al l businesses , irrespective of their legal form,  were required to 
register with the Large Enterprise Directorate  of the General Tax and Property Administration  
(AGID) to obtain a tax identification number ( numéro d'identification fiscal e, NIF). The NIF was JOB/ACC/COM/5  
 
- 15 - 
 
  used when clearing goods through customs and allowed importers to pay 1% of the c.i.f. value of 
imported goods under the import "trade tax" ("patente d'importation" , PI) instead of 10% , which 
was applicable to businesses without a NIF.  In addition, every t rader had to hold a professional 
card issued by the Ministries of Finance of the autonomous island s. He confirmed that l ocal 
producers were subject to the same requirements.  
51. The registration fee was set at KMF 68,500 for a limited liability company (SARL) and KMF 
162,000 for a public limited company (SA). A NIF was issued against a fee of KMF 25,000 while the 
fee for a professional card varied from KMF 7,500 to KMF 20,000 depending on the professional 
category.   
52. He added that with the launch of  the Adminis trative Procedure Centres for Businesses 
(Centres de Formalités Administratives des Entreprises, CFAE ) in 2012, business start -up 
procedure s had been streamlined  within a single window , which had reduced the time required to  
set up a business down to 72 ho urs. The CFAE s operated under government supervision and had 
been set up at the ANPI and at the Chambers of Commerce, Industry and Agriculture. 
They provided support with the drawing up and registration of property -related instruments, notary 
authenticatio n, and registration with the RCCM.   
53. The representative of Comoros said that t he AGID levied a special activity licence fee on 
the importation of alcoholic beverages  pursuant to Order No.  14-069/VP -MFEBCEIP/CAB . 
In accordance with the Competition Law, the licence fee was set at KMF 4,000,000 for importers, 
KMF 500,000 for distributors, and KMF 250,000 for sellers. Existing i mporters had to request 
licences at the latest by 31  March  of any given year . Licences were then valid for the entire year. 
New importe rs, who registered after 31 March, could begin importation at any time. Importers 
could also be distributors/wholesalers, however bar owners could not import alcohol. Retail 
operators, i.e. , stores that sold alcoholic beverages, were considered to be distr ibutors. A licensed 
importer of alcoholic beverages could make the imports available to downstream distributors 
without paying a distributor's licence.  
54. A licence for the importation of tobacco had been introduced under the Finance Law 
No. 08-43/AU.  
55. Asked  to provide information about the import of luxury rice, the representative of 
Comoros said that luxury rice was rice that contained 0% to 5% of broken rice. Luxury rice was 
considered a luxury product and an internal tax had been introduced on its consump tion.  Given 
that luxury rice was not produced locally, in practice the internal tax applied only to imported 
luxury rice. A licence for the import of luxury rice was issued for the activity of "luxury rice 
importation" against an annual fee of KMF 2 milli on levied by the AGID (Article 199 of the Tax 
Code). This licence had been introduced in 2012 for fiscal rather than restrictive purposes and was 
not required for customs procedures. Therefore, in his view, this measure did not affect the import 
of luxury rice but rather the marketing of this product . Licensing req uirements are listed in 
Annex  2. JOB/ACC/COM/5  
 
- 16 - 
 
  56. In addition, for certain regulated activities, operating authorizations were issued by the 
ministerial department relevant to the regulated activity – specifically , fisheries for foreign 
investors, hydrocarbons, education, health, hotels and catering, and banking. Where authorizations 
were issued to a commercial business, the operator could engage in import activities. 
Authorizations were issued free of charge.  
- Trade Facilitation  
57. Members asked Comoros  whether it would accept, upon accession, the Protocol Amending 
the Marrakesh Agreement Establishing the World Trade Organization done at Geneva on 
27 November 2014 (WT/L/940), to inse rt the Agreement on Trade Facilitation into Annex 1A of the 
WTO Agreement (the "TFA Protocol").  
58. The representative of Comoros said that an evaluation based on the Agreement on Trade 
Facilitation had been carried out under the updated  Diagnostic Trade Integ ration Study  (DTIS). 
Comoros intended to approach the WTO and bilateral partners for assistance in  implement ing the 
Agreement during the accession process and over the period defined in the legislative action plan.  
Specifically, Comoros was ready to commit  to implementing the customs transparency procedures 
of the Agreement.  
A. IMPORT REGULATIONS  
- Ordinary customs duties  
[Comoros' initial offer on goods was circulated on 7  October  2016. The revised offer of April 2017 is 
available for consultation (see notice in document WT/ACC/SPEC/COM/1/Rev.1)]  
59. The representative of Comoros said that  Comoros'  national tariff followed the nomenclature 
of the Harmonized System. While negotiations on the implementation of the COMESA customs 
union were ongoing, Comoros had already adopted the COMESA categorization of goods, 
harmonized its Customs Code to that of COMESA, and incorporated the COMESA Common Tariff 
Nomenclature. As part of the  COMESA FTA fr amework, Comoros had eliminated customs duties on 
all products originating in COMESA countries.  He added that Comoros had implemented the 
computerised customs management system ASYCUDA++ in 2008 with technical and financial 
support from COMESA and UNCTAD.  
60. Comoros applied ad valorem  and specific duties. Ad valorem  duties  - i.e., the single import 
tax (Taxe Unique d'Importation, TUI ) - were currently applied in tariff bands of  0%, 5% and 10%.  
Specific duties applied to rice (four tariff lines), petroleum (1 tariff line), and vehicles (32 tariff 
lines).  
61. Recen t reforms had sought to bring customs duties progressively in line with the COMESA 
common external tariff  (CET) , which Comoros intended to adopt. Comoros had no specific 
timetable to introduce the COMESA CET, but would follow the regional timetable in accordance with JOB/ACC/COM/5  
 
- 17 - 
 
  the principle of variable geometry. The COMESA CET of the future customs union comprised four 
bands – 0% (raw materials); 0% (capital goods); 10% (intermediate products); and 25% (finished 
products). Tariffs w ould thus increase with adoption of the COMESA CET – e.g., tariffs at 5% would 
increase to 10% and those at 20% would increase to 25%.  
- Other duties and charges  
62. The representative of Comoros said t hat the Regional Cooperation Tax (Taxe pour la 
coopération régionale, TCR ) was a 1% charge earmarked  for paying contributions to regional and 
international instituti ons (COMESA, IOC and the WTO).  In response to a specific question, he said 
that the contrib utions to these organisations  exhausted the TCR and that there had never been any 
residual amount. Specifically, the annual contribution to COMESA was estimated at USD 90,000.  
63. In addition, a  tax levied by the Chamber of Commerce, Industry and Agriculture (CCIA tax ) 
was collected at customs at the rate of 1% on all products except ordinary rice and petroleum 
products.  This tax was levied for the maintenance of warehouses/depots for imported products.  
The Chamber of Commerce  was independently managed but received  a State subsidy through the 
CCIA tax.  
64. The representative of Comoros added that his Government was planning to introduce an 
environmental protection tax levied on imported non -biodegradable packaging, such as plastic 
bags. Work on relevant legislatio n was ongoing and it was not yet clear which products would be 
affected and what would be the time -frame for implementation.  
65. A Member noted that  the imposition of a 0.2% levy on selected imports was foreseen by 
the African Union and enquired whether Comor os intended to impose this levy. In response, the 
representative of Comoros said that the modalities of the 0.2% levy would be agrred  at the 
Summit of Heads of State on 30 -31 January 2017 in Addis Ababa and that, thereafter, Comor os 
would decide on its app lication.  
- Tariff rate quotas, tariff exemptions  
66. The representative of Comoros said that Comoros did not have tariff rate quotas.  
67. A Member asked Comoros to list all current tariff exemptions by tariff  line and by recipient 
of the benefit, including information on any requir ements to receive these benefits.  
68. The representative of Comoros replied that tariff exemptions  were currently being reviewed 
with support provided by the World Bank and that the req uested information would be provided 
once this review was completed.  
- Fees and charges for services rendered  
69. The representative of Comoros said that a  Single Administrative Charge (Redevance 
Administra tive Unique, RAU ) was levied at a rate of 5%.  The RAU was paid to the Financial JOB/ACC/COM/5  
 
- 18 - 
 
  Administration Equipment Fund and was calculated on the basis of customs receipts. The RAU was 
used for cover ing the cost of  training, the purchase and maintenance of equipment , and operation  
costs.  
- Application of internal taxes to imports  
70. At present, the following internal taxes were collected at the customs border: consumption 
tax (taxe de consommation, TC ); excise tax  (droit d'accise, DAC ), import "trade tax" ( patente 
d'importation, PI ); advance tax payment ( acompte sur l'impôt, AI ). The representative of Comoros 
confirmed that both importers and domestic enterprises paid the TC, DAC, PI and DAC taxes. 
He added that th e internal taxes applicable to imports to Comoros would be eliminated after the 
introduction of a new value added tax (VAT). A draft VAT law would be prepared with the support  
of the IMF  and would be tabled at the November 2017 session of Parliament.  
71. Asked to provide more information on the "trade tax " (droit de patente ) levied on 
taxpayers engaged in imports and exports , the representa tive of Comoros said that any natural or 
legal person engaged in a business , industry or profession not exempted under Art icle 164 of the 
Tax Code was subject to a "trade tax " contribution ( contribution des patentes ). This included 
importers and exporters. The trade tax was payable to the AGID, for the whole year, by any person 
engaged in a taxable activity on 1 January of a given year and was due before 31 March of the 
year in question .  
- Quantitative import restrictions, including prohibitions, quotas and licensing 
 systems  
72. The representative of Comoros said that since the 1990s, Comoros had lifted all 
quantitative restrictions under the IMF structural adjustment programme. International trade was  
nevertheless  subject to restrictions relating to the application of security laws and regulations; the 
control of arms, ammunition and other war equipment and military items; the protection of human, 
animal or plant health or life; protection of public morality; the transfer of gold, silver and precious 
and semi -precious stones; th e protection of national artistic and cultural property; and the control 
of narcotics, hazardous and toxic waste, nuclear materials, radioactive products or any other 
materials used in the development or exploitation of nuclear energy. These restrictions w ere 
applicable in accordance with the provisions of the relevant international conventions and 
organizations, including the WTO, WCO, UNESCO, FAO and the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES).  No specific d omestic regulations governing 
these restrictions existed  and, at present,  there was no exhaustive list of products  subject to 
restriction .  
73. He added that, under the structural adjustment programme, import licences had been 
abolished under Order No. 99 -001/MECIA/CAB and replaced with statistical cards. A t present , 
Comoros did not have legislation on import licensing  and there was no new plan for developing an 
import licensing regime. T he import of certain goods , however, was subject to non-automatic 
licensin g. Specifically, special authorizations  were issued by the r elevant administrative bodies  for JOB/ACC/COM/5  
 
- 19 - 
 
  the import of  (i) live animals and meat;  (ii) fish and crustaceans;  (iii) live trees and plants;  
(iv) endangered species ; and (v) arms and explosives . Licensing r equirements  are listed in 
Annex  2.  
74. A Member noted that Comoros prohibited the import of Zea Mays  (corn) seed for planting 
and consumption and asked Comoros to further explain the basis for the prohibition. Contrary to 
the stated basis for prohibition, Peronosclerospora philippinensis , Sclerospora philippinensis , 
P. spontanea  and P. sacchari  were not known to occur on the territory of this Member. 
Furthermore,  this Member held the view that  Stewart's wilt ( Erwinia stewartii ) had  a negligible risk 
of becomin g established in Comoros.  
75. The representative of Comoros replied that Comoros had taken steps to prohibit imports of 
the seed as it currently lacked the requisite tools and expertise for detecting seeds from genetically 
modified organisms which did not exis t in Comoros.  
- Customs valuation  
76. A Member expressed deep concerns regarding the use of reference prices by Comoros and 
noted that the use of reference or minimum prices was prohibited by Article 7 of the Agreement on 
Imple mentation of Article VII of the GATT 1994 (Customs Valuation Agreement). This Member 
enquired when and in which legislation did Comoros intend to eliminate reference or minimum 
prices.  
77. The representative of Comoros replied  that the use of transaction valu e had been 
introduced in the 2015 Customs Code  and noted that Comoros was a signatory to the revised 
Kyoto Convention . Implementing legislation for the Customs Code was not yet in force. At present, 
Comoros used the Brussels Definition of Value  as a basis for calculating customs duties and other 
customs charges.  Comoros applied a reference price and a minimum taxable price for certain 
imported goods as part of efforts to combat fraud and guarantee State revenue. He added that 
Comoros was requesting a transi tion period for switching to the use of the transaction value and 
requested technical assistance in that regard.   
78. In response to specific questions, he said that the provisions of Article 7.3 of the Customs 
Valuation Agreement (written responses to reques ts from importers of the customs value and the 
method used to determine such value)  were reflected in the provisions of Articles 35 and 38 of the 
Customs Code. Concerning the provisions contained in Article 11 of the Customs Valuation 
Agreement  (right of a ppeal ), he said that, pursuant to Article 35/3 of the Customs Code, an 
importer could file an appeal with the Reconciliation and Appraisal Commission ( Commission de 
conciliation et d'expertise ). As for the provisions of Article 16 of the Customs Valuation Agreement, 
whereby the importer had the right to an explanation in writing as to how the customs value of the 
importer's goods was determined, he said that this right was not limited to related party 
transactions [and was available for all transactions].  JOB/ACC/COM/5  
 
- 20 - 
 
  - Rules of origin  
79. The representative of Comoros said that Comoros' customs legislation did not provide for 
any non -preferential rules of origin that would apply to countries that did not benefit from 
preferential treatment.   
80. Importers were required to provide information about the origin of the goods when filling in 
a detailed import declaration. They were not required to submit a certificate of origin unless they 
benefitted from a preferential regime.  Comoros could provide an assessment of the origin of the 
good if requested by the importer, exporter, or producer of the good before trade in the good 
began – after verification of the production process.  
81. Comoros applied rules of origin to its preferential trade in the context of the COMESA FTA 
based on the rules of origin contained in that agreement. Goods were deemed to be of COMESA 
origin if they met one of the five criteria established in the COMESA Protocol on rules of origin.  
- Other customs formalities  
82. The representative of Comoros said that  the customs bonded warehouses regime allowed 
the storage of goods in a specific location under customs control until payment of customs duties 
and taxes, and the storage of goods imported under spe cial economic policy measures. 
The Customs Code foresaw several categories of warehousing : (i) government warehousing; (ii) 
private warehousing; (iii) special commodity warehousing; and (iv) industrial warehousing where 
enterprises active in exports  - or in both exports an d the domestic market  - could receive 
authorisation to release goods conditionally relieved from the payment of import duties and taxes. 
He noted that industrial warehouses were not yet in place.   
- Preshipment inspection  
83. The representative of Comoros said that Comoros did not conduct preshipment inspection.  
- Anti-dumping, countervailing duties, safeguard regimes  
84. The representative of Comoros said that Comoros did not have any national regulations on 
anti-dumping , countervailing and safeguard measures .  He noted, however, that Article 10 of the 
COMESA Treaty and the COMESA Regulation on Trade Remedy Measures bound COMESA members 
in the conduct of their trade remedy investigations. The COMESA  Regulation established rules for 
the conduct of trade remedy investigations and for the application of trade remedies.  
85. A draft law on trade defence measures had been drawn up at the national leve l, but had 
not yet been adopted by the Government. He provided assurances that no measures would be 
applied until this draft law was adopted.   JOB/ACC/COM/5  
 
- 21 - 
 
  B. EXPORT REGULATIONS  
- Customs tariffs, fees and charges for services render ed, application of internal 
 taxes to exports  
86. The representative of Comoros said that exports were not subject to export tax.   
- Export restri ctions  
87. The representative of Comoros said that, with the introduction of trade liberalization 
measures in the 1990s, Comoros no longer applied quantitative export restrictions. Specifically, 
export transactions were not s ubject to any licen sing or prior authorization requirements.  
88. He added that, as a signatory to the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES), Comoros prohibited the export of endangered species of 
flora and fau na.   
- Export subsidies  
89. The representative of Comoros said that , at present,  Comoros did not have a law on export 
incentive measures.  Comoros applied a duty drawback scheme governed by the provisions of 
Article 151 of the C ustoms Code.  
90. A Member  enquired  how Comoros' duty drawback system was consistent with Annex I (i) 
and Annex III of the Agreement  on Subsidies and Countervailing Measures and aske d how 
Comoros ensured that the drawback refunded did not exceed the original amo unt of tax/tariff . 
91. The representative of Comoros replied that refunds were calculated on the basis of the 
value added. He added that the rules and regulations governing the implementation of the duty 
drawback system would be provided subsequently.  
C. INTE RNAL POLICIES AFFECT ING FOREIGN TRADE IN  GOODS  
- Industrial policy, including subsidies  
92. Asked ab out the means by which Comoros  was prom oting exports, the representative of 
Comoros said that the Government's export promotion strategy consisted of (i) setting up  an 
National Investment Promotion Agency  (Agence Nationale pour la Promotion des Investissements, 
ANPI); (ii) improving the competi tiveness of vanilla, clove and ylang -ylang exports by 
strengthening the institutional and technical capacity of producers, traders and exporters to allow 
them to  market products  more effectively ; (iii) setting up a privately -owned  national fishing 
company for exporting fisheries products  (which was not intended to be a State monopoly) ; 
(iv) establishing  a Fisheries Products  Certification Office; ( v) establishing  a customs origin bureau 
to authenticate and issue  certificates of origin; and (v i) establishing a national SPS system aimed JOB/ACC/COM/5  
 
- 22 - 
 
  at supporting the country's agricultural export development strategies . He added that the national 
export promotion strategy did not include subsidies.  
93. Some M ember s noted that Comoros' national trade policy, adopted in February  2013, 
encouraged import substitution measures and asked Comoros to provide  more specific information 
on these measures, and a  timetable for their removal.  
94. The representative of Comoros replied that  the development of the agri -food sector 
responded to the  need to ensure food self -sufficiency and poverty reduction. L arge amounts of food 
crops and garden produce were being imported at present, as local production was insufficient to 
meet the needs of the population. In particular, there was a severe supply s hortfall in certain 
agricultural product s, which were key components of the national diet  – notably products falling 
under SITC groups 012, 016 and  017 (meat) , 025  (eggs) , 034  (fish) , 041  (wheat) , 042  (rice) , 045 
and 048 (cereals and cereal preparation) , 054 (vegetables) , 057, 058 , 059 (fruit and fruit juices), 
075 (spices), 098 (edible products and preparations), 222 and 223 (oil -seeds) , and 422 (vegetable 
fats and oils) . To provide i ncentives to local production in view of  ensur ing self-sufficiency , infan t 
agri-food industries would  be protected for an initial period of five years. This would be done in 
accordance with the provisions of the 1991  Abuja Treaty (Article 35) and in accordance with WTO  
rules. Tariffs and quotas w ould be introduced for several a gri-food products so as to reduce imports 
while promoting domestic production. After a period of five years, the country was expected to 
have the capability to  produc e these products in sufficient quantity and quality to supply the 
domestic market.   
95. The re presentative of Comoros confirmed that government incentives were not contingent 
upon export  and that, at present, Comoros did not have a law on export incentive measures .  
- Technical barriers to trade, standards and certification  
96. The representative of Comoros said that the relevant national legislation relating to the 
implementation and administration of technical barriers to trade (TBT) consisted of 
Law No. 12-016/AU on Legal Metrolo gy of 20  December  2012; Law No.  95-009 of 20  June 1995 on 
the Creation, Organization and Operation of the National Institute for Research in Agriculture, 
Fisheries and the Environment ( Institut National de Recherche pour l'Agriculture, la Pêche et 
l'Enviro nnement, INRAPE ); Law No.  94-018 of 22  June 1994 establishing the Framework Law on 
the Environment, as amended by Law No.  95-007 of 19  June 1995; Decree No.  15-05/PR 
establishing the National Fishery Product Quality Control and Certification Office ( Office  National de 
Contrôle Qualité et de Certification des Produits Halieutiques  , ONCQCPH ); Decree No.  12-210/PR 
establishing the National Standards Council ( Conseil National de Normalisation, CNN ); Decree 
No. 99-087/CE on the creation, mandate and organizatio n of the consumer product standardization 
and quality service; Order Nos.  14/086/MPEEIA and 12/089/MFEBICEP on the adoption and 
application of the Codex Alimentarius sanitary and phytosanitary standards;  Order No.  011/004/ 
of 7 April 2011 designating the focal points for non -tariff barriers in the COMESA -EAC-SADC 
Tripartite Free Trade Area; Order No.  11/02/MRPECE of 3  April 2011 establishing the National JOB/ACC/COM/5  
 
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  Follow -Up Committee on the non -tariff barrier re moval process; Order No.  09-013bis of 
23 November  2009 establishing the National Codex Alimentarius Committee (CNCA); and Order 
No. 09-010 of 2  November  2009 designating a national Codex focal point.  
97. Comoros was a Member of the International Organization for Standardization (ISO), the 
International Organizatio n of Legal Metrology (OIML), the Standards and Metrology Institute for the 
Islamic Countries (SMIIC) and the African Organization for Standardization (ARSO).    
98. The representative of Comoros noted that the responsibilities of the CNN were to 
(i) identify a nd analyse the need for standards in the various sectors of the national economy; (ii) 
set up technical committees to develop Comorian standards; (iii) approve, appropriate, harmonize 
and adopt COMESA standards and those of other standard setting bodies; a nd (iv) create a mark of 
conformity with Comorian standards and issuing licences. The CNN comprised both public and 
private sector representatives, including (i) a  representative of the Chambers of Commerce , 
Industry and Agriculture; (ii) a  representative of the Comoros Employers' Organization; (iii) two 
representatives of the inter -branch organization of the cash crop and agricultural production 
subsectors; (iv) civil society representatives (two from the consumers' association, a university 
representative , a representative from the INRAPE ); (v) a representative from the Ministry 
responsible for education; and (vi) a representative from the Ministry responsible for finance. 
Due to a lack of requisite infrastructure, the CNN was not currently pursuing its ob jective of 
creating a national mark of conformity.  
99. The representative of Comoros said that the development of standards and technical 
regulations was open to all stakeholders. Foreign stakeholders could participate as experts at any 
stage of the standard development process, in accordance with national needs.  
100.  A Member asked how Comoros would ensure compliance with TBT Agreement obligations, 
including those under Articles 2, 3 and 4 on the preparation, adoption and application of technical 
regulations and standards. Specifically, this Member enquired how Comoros would ensure that an 
"early information" approach was implemented by national and sub -national authorities for all new 
technical regulations, substantial amendments to existing technical regulations , or draft technical 
regulations.  
101.  The representative of Comoros replied that compliance with the TBT Agreement would be 
ensured under Article 2 of Decree No.  12-210/PR establishing the CNN, which provided for the 
approval, appropriation, harmonization and  adoption of COMESA standards and those of other 
standard -setting bodies. To comply with  the WTO agreements, in particular Article 2 and 3 of the 
WTO TBT Agreement, Comoros would set up a national TBT committee as soon as it acceded to the 
WTO. The nationa l TBT committee and enquiry point would take measures to ensure that the 
provision of early information on all new technical regulations, substantial amendments to existing 
technical regulations, or draft technical regulations was coordinated and implement ed at national 
and sub -national authority levels. He added that the Consumer Product Standardization and Quality 
Service was responsible for issuing all national trade facilitation standards with a view to greater JOB/ACC/COM/5  
 
- 24 - 
 
  integration of domestic  products in region al and international markets (Article 3.3 of Decree 
No. 99-087/CE).  
102.  A Member asked Comoros to elaborate on how Article 3.3 of Decree No.  99-087/CE would 
ensure compliance at the national and sub -national authority level.  
103.  The representative of Comoros further noted  that the Ministry responsible for the economy 
and trade was the TBT enquiry point. The Foreign Trade Directorate followed up on questions 
relating to TBT, but no specific unit had been designated to deal with TBT matters.  
- Sanitary and phytosa nitary measures  
104.  The representative of Comoros said that fourteen laws constituted the basic sanitary and 
phytosanitary ( SPS) legal framework in Comoros: Law No.  12-018/AU of 25  December  2012 on 
food legisl ation, enacted by Decree  No. 13-016/PR of 6  February  2013; Law No.  06-010/AU of 
2 December  2006 on plant protection in the Comoros; Law No.  95-009 of 20  June 1995 on the 
creation, organization and operation of the National Institute for Research in Agricul ture, Fisheries 
and the Environment ( Institut National de Recherche pour l'Agriculture, la Pêche et 
l'Environnement, INRAPE ); Decree No.  87-024 of 20  August  1987, regulating imports of animals 
and animal  products; Decree No.  87-018/PR regulating animal hea lth protection; Decree 
No. 7-019/PR establishing regulations on the production, marketing, and safety inspection of food 
products; Decree No.  5-050/PR implementing Law No.  07-011/AU of 29  August  2007 on the 
Fisheries and Aquaculture Code; Decree No.  15-051/PR establishing the National Fishery Product 
Quality Control and Certification Office ( Office National de Contrôle Qualité et de Certification des 
Produits Halieutiques, ONCQCPH ); Decree No.  5-052/PR on ascertaining violations of the sanitary 
regulations and administrative measures taken in respect of the sale and safety of fishery 
products; Decree No.  4/081/PR enacting Law No.  14-010/AU of 21  April 2014 on the Code 
regulating the marketing and distribution of breastmilk substitutes ; Decree No.  87-018/PR o f 
9 July 1987 on health protection regulations in the Re public of the Comoros; Decree No.  87-09/PR 
of 9 July 1987 regulating the production, storage, marketing and safety inspection of food 
products; Order No.  3-042/ of 18  November  2013 on the establishmen t, functions and organization 
of the national stockbreeding policy platform committee; and Order No.  09/13/VP -MAPEEIA/CAB 
creating the National Codex Alimentarius Committee. In addition, the Public Health Code contained 
provisions relating to phytosanitary  products and food hygiene. He acknowledged that the 
regulatory framework in the area of SPS would need to be revised to bring it into conformity with 
universally accepted standards and procedures.  
105.  He added that  the national SPS system comprised several s tructures principally under the 
supervision of the Ministry responsible for agriculture, fisheries, the environment, energy, industry 
and crafts, in particular, the Directorate -General of Fisheries Resources, the Directorate -General of 
Agriculture and Live stock, and the National Directorate of Veterinary Public Health. 
These  directorates contained departments and services involved in dealing with SPS matters, 
namely, the Agri -food Department ( Département Agro -alimentaire, DAA ), the Hygiene and JOB/ACC/COM/5  
 
- 25 - 
 
  Sanitation Se rvice, and the Plant Protection Service. The Agri -food department was responsible for 
food supervision and was the contact point for the National Codex Alimentarius Committee ( Comité 
National du Codex Alimentarius des  Comores, CNCA ). The Hygiene and Sanita tion Service provided 
secretariat services to the CNCA. The Plant Protection Service served as the contact point for the 
International Plant Protection Convention (IPPC). It was also responsible for INRAPE . INRAPE's 
main objective was to design and facilit ate agricultural, fisheries -related and environmental 
programmes, research and studies. INRAPE centralized the quality analysis laboratories. It also 
performed functions relating to the control of imports of animals and products of animal origin, as 
well a s veterinary services.   
106.  The representative of Comoros said that the import of sanitary and phytosanitary products 
required certificates issued by the officials of the country of origin and the manufacturer. 
These  certificates had to confirm that the goods  were examined in detail, either in their totality or 
on the basis of representative samples, and that they were considered free from plagues and 
diseases. The certificate from the manufacturer had to state that the living matter and other 
constituents of the commercial preparation corresponded to the identity, quality, purity and 
composition of the requested product. It had to also certify that it was in conformity with the 
directives of the Food and Agriculture Organization's (FAO) 1986 international code  of conduct for 
the distribution and use of phytosanitary products.  
107.  He added that imported products had to be included in Comoros' list of approved products 
in accordance with the regulations on the import, commercialization and use of sanitary and 
phytos anitary products. They had to also be transported in their original, intact packaging. 
Upon arrival, the SPS inspector would verify that the products conformed to the import 
authorization issued by the competent authorities.  
108.  Concerning animals, food  or products of animal origin, the representative of Comoros noted 
that imports had to be accompanied by a certificate issued by the veterinary health authorities of 
the country of origin. This certificate had to note the sanitary status of the goods and the 
epizootologic situation of the importing country. It had to also certify that the goods met the 
established technical standards for the import of these products. To facilitate controls, the import 
of animals, food and animal products could occur only at the e ntry points established by the 
Ministry  of Agriculture veterinary services, where sanitary checks were conducted immediately 
upon arrival on the national territory.  
109.  The import of plants and plant products such as seeds, fruits, plants, flowers were also 
subject to sanitary control at the port or airport to inspect  for the presence of plant or animal 
organisms or pathogenic agents that were harmful to plants and/or plant products in the national 
territory. The health inspector could decide to take samples f or laboratory analysis, and, if 
necessary, quarantine the product. If an inadequate sanitary status was confirmed, the product 
could be subject to decontamination or disinfection, or returned to the country of origin. 
The control points were under the resp onsibility of the Plant Protection Services of the Agriculture 
Directorate.  JOB/ACC/COM/5  
 
- 26 - 
 
  110.  A Member asked whether any import permits or certificates issued by the government of 
Comoros were required prior to importation of agricultural products.  
111.  In response to a questi on by a Member  regarding the recognition of compliance with 
pertinent international standards , the representative of Comoros said that Comoros recognized the 
pertinent international standards consistent with the SPS Agreement and the recommendations of 
the World Organisation for Animal Health (OIE), the IPPC, and the Codex Alimentarius Commission.  
All consumer food products were subject to Codex Alimentarius standards.   
112.  A Member asked whether there was an official journal where all drafted food, plant, an d 
animal safety measures were made available for public comment prior to adoption. In response, 
the representative of Comoros said that prior publication of draft SPS measures was not presently 
provided for in any official journal.  
113.  The representative of C omoros said that  a national enquiry point had been designated  with 
the responsibility for answering all questions and providing relevant documents concerning 
(i) sanitary or phytosanitary regulations adopted or proposed within the country; and (ii) control  
and inspection procedures, production and quarantine treatment, pesticide tolerance and food 
additive approval procedures  (Note No. 024 of 6 February 2014 ). An SPS National Notification 
Authority was not yet in place and a notification procedure had not y et been defined.  
114.  The representative of Comoros added that, t o comply with international standards in 
establishing SPS measures, a project entitled "Strengthening the sanitary and phytosanitary 
system in Comoros" had been launched  with financing provided by the  Standards and Trade 
Development Facility  (STDF ). The overall aim of this project was to effectively enhance the safety 
and phytosanitary system covering food, livestock and plants in Comoros, and to improve access to 
foreign markets in order to benef it from international trade and environmental protection. 
To achieve this aim, the STDF project had adopted operational action plans based on the outcomes 
of sub -sectoral diagnostic studies. The project also provided favourable conditions for the 
developme nt, adoption and implementation of national SPS strategies and related plans. He added 
that the national SPS strategy, which was currently under preparation, would provide details on the 
establishment of a national SPS system. He added that a Codex project  on food hygiene had also 
been set up.  
115.  The representative of Comoros requested technical assistance to implement the WTO SPS 
Agreement. He added that Comoros would need capacity building for (i)  finalizing the SPS 
regulatory framework; (ii) setting up an analytical and quality control laboratory; and 
(iii) upgrading technical personnel. Comoros  requested a 5 year period to implement SPS  measures 
on regulations of SPS control and requirements for the marketing of imported and exported plant 
and animal produ cts. He added that within  this time -frame, the decree establishing the sanitary 
infrastructure and the administrative measures taken with regard to the sale and safety of fisheries 
products would be adopted in 2017, followed by the decrees on the microbiol ogical criteria JOB/ACC/COM/5  
 
- 27 - 
 
  applicable to fishery products in 2018 and the law establishing the rules of hygiene applicable to 
fisheries products for export in 2019.  
- Trade -related investment measures  
[to be completed ] 
- State -trading entities  
116.  The representative of Comoros said that two State -trading enterprises were in operation in 
Comoros – the National Office for the Importation and Marketing of Ordinary Rice (ONICOR) and 
the Na tional Hydrocarbon Corporation (SCH). In his view, there were no other State enterprises 
subject to notification according to the provisions of Article XVII of the GATT 1994.  
117.  ONICOR had a monopoly on the import of ordinary rice , i.e., rice consisting of mo re than 
5% broken rice  (Law No.  82-17/AF of 13  August  1982). The purpose of this monopoly was to keep 
prices affordable.  Imported rice was sold to wholesale traders and  marketing was entirely in the 
hands of the private sector. He added that in special cas es, such as a shortage of rice on the 
market, the government could issue import authorizations for ordinary rice to private operators. In 
response to a specific question , he said that there were no quotas allocated among approved 
beneficiaries.  
118.  Pursuant t o the provision of Law No.  80-27/AF of 30  December  1980, SCH held a State 
monopoly on the  import and distributi on/marketing of petroleum products  falling under HS codes 
2710 12 20, 2710 19 20 and 2710 19 10 . Its main objective was to ensure a supply of pet roleum 
products on the domestic market at an affordable price.  
119.  He added that, previously, the Autonomous National Pharmacy of the Comoros ( Pharmacie 
Nationale Autonome des Comores, PNAC ) had also been a State -trading enterprise within the 
meaning of Artic le XVII of the GATT 1994. This enterprise had been replaced by the Central 
Purchasing Office for Generic Medicines ( Centrale d'Achat des Médicaments Génériques de l'Union 
des Comores, CAMUC ). However, a  draft law was currently before the National Assembly aimed at 
dissolving the CAMUC and reinstating the PNAC.  
- Free zones, special economic areas  
120.  The representative of Comoros said that Comoros had no legislation regulating free zones. 
Comoros intended to ad opt a legislative and regulatory framework on free zones as part of a 
comprehensive strategy to attract investment.  
- Government procurement  
121.  A Member enquired if Comoros had any plans to seek to join the WTO Governmen t 
Procurement Agreement.  JOB/ACC/COM/5  
 
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  122.  The representative of Comoros said that a  new Government Procurement Code had come 
into force since  2012 (Law No. 11 -027/AU of 29 December 2011) . The main pillars of this Code 
were transparency, economic  efficiency, accountability,  equal treatment for all bidders (domestic 
and foreign ), the prevention of fraud and corruption, and the promotion o f local capacit y. The Code 
had been supplemented with manuals containing regulations on implementation and procedures. 
It also provide d for the establishment of a Regulatory Authority for Government Procurement 
(PPRA/ARMP) attached to the Office of the President . This Authority was  already operational.  In his 
view, the Code adhered  to international good practice s, for example  (i) ad vertising a nd large -scale 
sales; (ii) public opening of bids;  (iii) prior distribution of all relevant information, with clear and 
transparent evaluation of the  bids and awarding of contracts;  (iv) clearly defined responsibilities 
where decision -making was concerned ; and (v) the right of bidders to make complaints.  
- Transit   
123.  The representative of Comoros said that transit involving more than one customs territory,  
with goods coming and going by sea or air , was insignificant or nil. [In his vi ew, the 2015 Customs 
Code included the basic WTO rules concerning the regulation of trade in transit.]  
- Agricultural policies  
(a) Imports  
124.  The representative of Comoros said that Comoros did no t prohibit the importation of 
agricultural products  insofar as such products did not affect domestic production.  
(b) Exports  
125.  The representative of Comoros said that the Comorian authorities planned to support 
agricultural exports through tools such as export credits, export credit guarantees or insurance 
programmes. Such tool s, however, were not currently utilized.  
126.  A Member asked Comoros to confirm whether it intended to retain the right to provide 
export subsidies under Article 9 .4 of the Agreement on Agriculture.  
127.  The representative of Comoros replied that Comoros did not grant export subsidies.  
(c) Internal policies  
128.  The representative of Comoros provided information on domestic support and expo rt 
subsidies in agriculture during 2012 -2014 in document WT/ACC/SPEC/COM/3 . 
129.  The representative of Comoros said that, given that most of the Comorian population was 
rural (70%) and lived from agriculture , the development of the agri -food sector responded to  the 
need to ensure food self -sufficiency and poverty reduction.  Agriculture accounted for approximately 
49% of GDP and 80% of employment. Three unprocessed and semi -processed agricultural products JOB/ACC/COM/5  
 
- 29 - 
 
  – vanilla, cloves and ylang -ylang oil – generated over 90%  of export earnings. He added that 
Comoros intended to establish a national agri -food company . However, this project  was still at the 
development  stage and it was not yet clear if this company would be State -owned.  
130.  In 2012 -2014,  Comoros had provided "gree n box" support in the form of decoupled income 
support for indebted farmers and support for sanitary and phytosanitary capacity building.  
131.  Pursuant to Order No. 012 -004/VP -MPEEIA/CAB , and in accordance with the Investment 
Code, exemptions from the payment of taxes and customs duties applied on the import of 
agricultural and fishing inputs . These benefits were granted subject to the approval by a 
commission comprising the Ministry of Production and the parties concerned. These measures were 
meant to encourag e and support agricultural development, in particular rural farmers. In his view, 
these measures were compatible with the provisions of Article 6.2 of the Agreement on Agriculture.  
- Trade in civil aircraft  
[to be com pleted]  
V. TRADE -RELATED INTELLECTUAL  PROPERTY REGIME  
- GENERAL  
- Intellectual property rights policy  
132.  The representative of  Comoros said that the Government of Comoros was currently 
preparing a national policy strategy aimed at recasting the legal framework for intellectual property 
(IP) protection. A national intellectual property development plan would be presented in the co urse 
of 2017. The goal of the Government was to protect Comorian creativity and inventiveness, and to 
stimulate and promote the creation and production of intellectual works in the areas  of literature, 
arts and science. The Government had solicited the ass istance of the World Intellectual Property 
Organization (WIPO) to draft  new laws in the areas of patents; trademarks, including service 
marks; geographical indicators; industrial designs; and copyright and related rights. 
The representative of Comoros prov ided assurance that these drafts would be consistent with 
international IP treaties, including the TRIPS Agreement. Draft laws would be finalized and shared 
with Members by summer  2017.  
133.  The representative of Comoros said that an office managing intellectua l property rights had 
been set up in  2010, where inventors and creators could register and protect patents, trademarks, 
industrial designs and models. Pending the enactment of new national IP legislation, Comoros was 
applying the 2015  Bangui Agreement  as a member of the African Intellectual Property Organization 
(OAPI) . The Bangui Agreement would be transposed into the new national legislation.  
134.  The representative of Comoros added that Comoros had inherited the Intellectual Property 
Code of the French coloni al administration , which was not consistently enforced  and was 
considered outdated by the Government . Only some laws in the Code had been reaffirmed in post -JOB/ACC/COM/5  
 
- 30 - 
 
  independence national law, namely Law No.  58-446 of 19  April 1957 on literary and artistic 
property ; Law No. 64 -1360 of 31  December 1964 on Trademarks and Service Marks and its 
Implementing Decree No. 65 -621 of 27  July 1965, setting out measure s to prevent abuse of IP 
rights;  and the Law of 14  July 1909, on Designs and Models, detailing the methods for enforcing IP 
rights  and its Implementing Decree of 26  June 1911 on Industrial Designs and Models. Books II 
and III of the Intellectual Property Code on copyright, related rights and associated general 
provisions had not been reaffirmed in post -independence  national law.  
- Responsible agencies for policy formulation and implementation  
135.  The representative of Comoros said that Decree No. 10/173/PR of 26  November 2010 had 
established t he Comorian Intellectual Property Office (OCPI). The OCPI was attached to the 
Ministries of Culture and Industry. The OCPI was the institution responsible for matters concerning 
intellectual property (e.g. patents, trademarks, industrial designs and models , trade names, 
copyright and related rights), including monitoring compliance with legislation on copyright and 
related rights. It also acted as Comoros' focal point in relation to WIPO. The representative of 
Comoros confirmed that the OCPI was formally op erational. The OCPI received technical assistance 
from the OAPI and WIPO.  
- Participation in international intellectual property agreements  
136.  Comoros acceded to the OAPI on 23  May 2013 after ratifying the 1999 Bangui Agreement. 
Comoros was also a signatory to the 2015 Bangui Agreement, which the National Assembly was set 
to ratify in the course of summer 2017. The 2015  Bangui Agreement would enter into force 
pending the ratificatio n by two thirds of the OAPI members. As an OAPI member, Comoros was 
obliged to apply the relevant provisions of the Bangui Agreement at the national level. Drafting of 
new legislation in the area of intellectual property included transposing the content of  the Bangui 
Agreement into the national legislation. The Bangui Agreement was a complement to and not a 
substitute for national IP legislation.  
137.  The representative of Comoros said that Comoros had become a member of WIPO in 2005, 
and that it had acceded to the Berne Convention for the Protection of Literary and Artistic Works, 
the Paris  Convention for the Protection of Industrial Property, the Patent Cooperation Treaty  (PCT) 
and the Protocol Relating to the Madrid Agreement Concerning the International Regis tration of 
Marks. His Government intended to accede to various other international intellectual property 
conventions including the Rome Convention for the Protection of Performers, Producers of 
Phonograms and Broadcasting Organizations, and the Universal C opyright Convention. 
The representative of Comoros said that Comoros planned to join the WIPO Copyright Treaty, the 
WIPO Performances and Phonograms Treaty, and the Geneva Convention for the Protection of 
Producers of Phonograms Against Unauthorized Duplic ation of Their Phonograms, and that the 
texts for accession to the treaties were being prepared. Comoros had received technical assistance 
from WIPO to set up its national IP office, the OCPI, and continued to receive technical assistance 
to develop the ne w IP legislation following the diagnostic study on the current IP framework.  JOB/ACC/COM/5  
 
- 31 - 
 
  - Application of national and MFN treatment to foreign nationals  
138.  The representative of Comoros said t hat Article  5, paragraph  3 of the Bangui Agreement 
provided for equal treatment to all persons. He added that under Article  1 of the Decree 
implementing Law No.  64-1360 of 13  December 1964 on Trademarks and Service Marks, Comoros 
provided equal treatment t o all persons subject to the sole legal condition of a registered address 
in the territory of Comoros.  
139.  One Member asked for an explanation on how the provision in Article  5, para graph  4 of the 
Bangui Agreement guaranteed national treatment with respect to copyright rights for WTO 
Members. The representative of Comoros reiterated that Article 5, paragraph 4 set out that the 
relevant provisions applied to foreigners who were not nationals of a State party to an international 
convention to which the OAPI or an y of its member States was party, or foreigners whose principal 
place of business or domicile was not located in such a State, subject to reciprocity.  
- Fees and taxes  
[to be completed]  
- SUBSTANTIVE STANDARD S OF PROTECTION, I NCLUDING PROCEDURES FOR THE 
ACQUISITION AND MAIN TENANCE OF INTELLECT UAL PROPERTY RIGHTS  
- Copyright and related rig hts (including rights of performers, producers of 
phonograms and broadcasting organizations)  
140.  The representative of Comoros said that a new law on copyright and related rights was 
currently being drafted. Comoros received technical assistance from WIPO in this matter. A first 
draft would be finalized by summer 2017 and would be shared with Members. The representative 
of Comoros  was of the opinion that the draft law would be consistent with international 
agreements, including the TRIPS Agreement, and the Bangui Agreement. The new law would repeal 
the 1957  Copyright Act, which was currently in force. He noted that the Bangui Agree ment did not 
replace the 1957  Copyright Act, but that they were in force concurrently.  
141.  Copyright protection was covered in Annex  VII of the Bangui Agreement, and applied to 
"literary and artistic works […] which were original intellectual creations in the literary, artistic or 
scientific fields". These works included (i) works expressed in writing, including computer 
programs; (ii) lectures, addresses, sermons and other works composed of words and expressed 
orally; (iii) musical works, whether or not accomp anied by words; (iv) dramatic and dramatico -
musical works; (v) choreographic works and mimed works; (vi) audiovisual works; (vii) works of 
fine art: drawings, paintings, sculptures, engravings and lithographs; (viii) works of architecture; 
(ix) photographi c works; (x) works of applied art; (xi) illustrations, maps, plans, sketches and 
three dimensional works relating to geography, topography, architecture or science; and (xii) 
traditional cultural expressions. The author enjoyed the exclusive right to explo it his work in any 
form, and the exclusive right to transfer his rights. Article  3 of Annex  VII set out that authors were JOB/ACC/COM/5  
 
- 32 - 
 
  not required to register their creations in order to enjoy their exclusive right. The term of copyright 
protection was lifetime of the  author plus 50  years (Article  27), except for performances that were 
not fixed or that were fixed on a phonogram for which the term was 20  years (Article  64) and 
broadcasts for which the term was 25  years (Article  66). He added that foreign phonograms wer e 
protected under the Bangui Agreement.  
142.  A Member asked why the terms of protection for performances were different depending on 
the medium in which they were fixed, and how Comoros protected performances until the 
2015 Bangui Agreement entered into force, as the 1999  Bangui Agreement did not provide 
protection for performances. In response, the representative of Comoros said that Comoros applied 
the revised 2015  Bangui Agreement.  
143.  A Member pointed out that copyright protection was lifetime plus 70  years in t he 
1999 Bangui Agreement, noting that the 2015  Bangui Agreement had a copyright term of life plus 
50 years, and asked how Comoros would protect foreign works that had received protection for 
lifetime plus 70 years before the change, and were protected for lifetime plus 70  years in their 
country of origin. In response, the representative of Comoros said Comoros would refer to the 
1999 Bangui Agreement until ratification of the 2015  Bangui Agreement.  
144.  The Member asked how the 1999 and 2015  Bangui Agreements pr ovided for reinstatement 
of copyright in works for which the term had not expired in their home country, and how Comoros 
would protect works of foreign authors for which the term had not expired in their home country. 
In response, the representative of Com oros said that copyright in works for which the term had not 
expired in the country of origin would be protected under the 2015  Bangui Agreement, and that 
foreign works would be protected under the 1999  Bangui Agreement pending revision of the 
domestic law  or the ratification of the 2015  Bangui Agreement. He added that the authors would 
enjoy their exclusive rights until the end of the specified term.  
- Trademarks, including service marks  
145.  The representative  of Comoros said that a new law on trademarks, including service marks 
was currently being drafted. Comoros received technical assistance from WIPO in this matter. 
A first draft would be finalized by summer 2017 and would be shared with Members. 
The repres entative of Comoros was of the opinion that the draft law would be consistent with 
international agreements, including the TRIPS Agreement, and the Bangui Agreement. Protection 
for trademarks (including service marks) was covered by Annex  III of the Bangui  Agreement. 
The new law would repeal Law No. 64 -1360 of 13  December  1964 on Trademarks and Service 
Marks and its implementing Decree No. 65 -621 of 27  July 1965, setting out measures to prevent 
abuse of IP rights, which had been reaffirmed in post -independe nce national legislation.  
146.  Trademarks needed to be registered with the OCPI. Trademark applications had to be 
submitted on a specific form in one of the official languages (Comorian, Arabic or French) along 
with the required documentation, and were subseque ntly announced in the relevant bulletin for 
60 days allowing for objections from anyone adversely affected. The competent institution would JOB/ACC/COM/5  
 
- 33 - 
 
  then examine the application. Registration of trademarks conferred ownership rights on the holder 
for the designated  products and services.  
- Geographical indications, including appellations of origin  
147.  The representative of Comoros said that a new law on geographical indications was 
currently being  drafted. Comoros received technical assistance from WIPO in this matter. A first 
draft would be finalized by summer 2017 and would be shared with Members. The representative 
of Comoros was of the opinion that the draft law would be consistent with interna tional 
agreements, including the TRIPS Agreement, and the Bangui Agreement.  
148.  The representative of Comoros said that geographical indications were covered in Annex VI 
of the Bangui Agreement.  
149.  The representative of Comoros added that Book VII, Title  II of th e Intellectual Property 
Code provided for geographical indications. Registered right holders were guaranteed protection of 
appellations of origin under the Code and could bring civil actions before the courts.  
- Industrial designs  
150.  The representative of Comoros said that a new law on industrial designs was currently 
being drafted. Comoros received technical assistance from WIPO in this matter. A first draft would 
be finalized by summer 2017 and would be shared with Members. The representative of Comoros 
was of the opinion that the draft law would be consistent with international agreements, including 
the TRIPS Agreement, and the Bangui Agreement.  
151.  The representative of Comoros said the Law of 14  July 1909 on Designs and Models , 
detailing the methods for enforcing IP rights, and its Implementing Decree of 26  June 1911 on 
Industrial Designs and Models, had been reaffirmed in post -independence national law. The process 
of registration and protection of industrial designs was the s ubject of Book  V of the Intellectual 
Property Code. Following the filing of an application for registration of an industrial design, a notice 
indicating the object, utility and novelty of the industrial design would be published in the relevant 
bulletin fo r 60 days allowing for objections from anyone adversely affected by the granting of such 
registration. In the absence of any objections, the competent institution would examine the 
application.  
152.  Industrial designs were covered in Annex  IV of the Bangui Agre ement. The term of 
protection was 5 years renewable up to a maximum of 25 years.  
- Patents  
153.  The representative of Comoros said that a new law on patents was currently being drafted. 
Comoros received technical assistance from WIPO in t his matter. A first draft would be finalized by 
April 2017 and would be shared with Members. The representative of Comoros was of the opinion JOB/ACC/COM/5  
 
- 34 - 
 
  that the draft law would be consistent with international agreements, including the TRIPS 
Agreement, and the Bangu i Agreement.  
154.  Patents were covered in Annex I of the Bangui Agreement. The term of protection was 
20 years. Patent rights were transferable. Any transfer or licensing of rights needed to be 
communicated in writing.  
- Plant variety protection  
155.  [The representative of Comoros said that the new law on patents, that was currently being 
drafted with the assistance of WIPO, would also address plant variety protection.] 
The representative of Comoros said that the Intellectual P roperty Code did not make a reference to 
plant protection. Plant variety protection was covered in Annex X of the Bangui Agreement, 
wherein Article 2 set out that a plant variety certificate  would be issued to the breeder of a new 
plant variety upon regist ration. The owner of a plant variety certificate had the exclusive right to 
exploit the variety.  
- Layout Designs of Integrated Circuits  
156.  The representative of Comoros said that the new law on patents, th at was currently being 
drafted with the assistance of WIPO, would also address integrated circuits. Layout designs of 
integrated circuits were addressed in Annex IX of the Bangui Agreement, wherein Article  2 set out 
that a registration could be applied for  only if the layout design had not yet been commercially 
exploited or, if it was already commercially exploited, had not been so for more than two years 
anywhere in the world. The term of protection was 10 years.  
- Requirements on undisclosed information, including trade secrets and test data  
157.  The representative of Comoros said that the new law on patents that was currently being 
drafted with the assistance of WIPO would also address undisclosed information. Protection of 
undisclosed information was covered in Article  6, Annex VIII of the Bangui Agreement, wherein 
point 1 set out that "any act or practice which, in the course of industrial or commercial activities, 
leads to the disclosure, acquisition or use by third parties of confidential information without the 
consent of the person legally entitled to possess such information […], in a manner contrary to 
honest commercial practice, shall constitute an act of unfai r competition".  
- All other categories of intellectual property  
158.  The representative of Comoros said that the genetic resources or traditional knowledge and 
folklore were not covered in previous IP  law. WIPO would assist Comoros in addressing both these 
areas, which would be covered in the new IP legislation.  
- MEASURES TO CONTROL ABUSE OF INTELLECTUA L PROPERTY RIGHTS  
[to be co mpleted]  JOB/ACC/COM/5  
 
- 35 - 
 
  - ENFORCEMENT  
- Civil judicial procedures and remedies  
159.  The representative of Comoros said that the seizure of infringing goods was covered in 
most Annexes of the Bang ui Agreement, e.g. Article  65 in Annex  I (patents), Article  51 in Annex  III 
(trademarks), [Article  33 in Annex  IV (industrial design) and Article  80 in Annex  VII (copyright)]. 
The competent national court could inter alia  prohibit the continuation of the a llegedly infringing 
acts (e.g. Article  64.3, Annex I) and determine the amount of monetary damages payments for 
injuries caused by infringement (e.g. Article  69, Annex I).  
160.  The representative of Comoros said that the old Intellectual Property Code on copyri ght 
and subsequent regulations stated that civil liability in the event of violation of the rights provided 
for in the law was not dependent on the bringing of criminal proceedings against the cause of the 
infringement and could therefore give rise to sepa rate civil and criminal procedures. 
The procedures were initiated by the commissaires de police  (police superintendents) and 
examining judges in response to a complaint by the author or any right holder or successor in title.  
161.  The representative of Comoros said that the new laws would include measures tailored to 
the country's situation, and that they would have regard to developments in behaviour and the 
extent and frequency of offences that were not included in the previous legislation. 
The representative of Comoros explained that regulations would provide for repressive measures, 
in particular the establishment of a joint institutional system (intellectual property office, fraud 
prevention, customs, gendarmerie, and police).  
- Provisional measures  
[to be completed]  
- Administrative procedures and remedies  
162.  The representative of Comoros said that no administrative procedures or remedies had 
been implemented under the pre vious legislation. The judicial services, the police and the 
gendarmerie were responsible for the protection of private property and enforcing the law through 
the courts. He added that administrative measures would be implemented following the 
introduction  of the new IP legislation.  
163.  A Member asked how laws were enforced, if enforcement was effective, and what type of 
administrative recourse was available for copyright and related rights infringement. 
The representative from Comoros replied that the [OCPI] s tood ready to provide support, and that 
appeals should be addressed to the [OCPI].  JOB/ACC/COM/5  
 
- 36 - 
 
  - Special border measures  
164.  The representative of Comoros said that the Bangui Agreement empowered customs 
authorities to withhold goods  suspected to infringe intellectual property rights, e.g. as covered by 
Article  62.5, Annex II (utility models). Such measures could be authorized by the competent 
national court in cases where it was probable that the complainant's rights were infringed o r that 
such infringement was imminent.  
- Criminal procedures  
165.  The representative of Comoros said that the Bangui Agreement set out criminal penalties 
for infringements. For instance, Article  71, Annex  I (patents) set out t hat infringements could be 
liable to a prison term of one to three years and a fine of 5,000,000 to 30,000,000  CFA francs or 
either of these penalties, without prejudice to civil damages. Article  73, Annex  VII (copyright) set 
out that counterfeiting could be liable to a prison term of three months to two years and a fine of 
1,000,000 to 10,000,000  CFA francs or either of these penalties, without prejudice to civil 
damages.  
166.  In response to a question from a Member on whether there had been any confiscations o r 
damages paid in the event of infringements, the representative of Comoros said that the courts of 
Moroni had heard and ruled on cases of infringement relating to the use of a musical work without 
the prior authorization of the authors in the course of 20 13, and that damages had been awarded.  
VI. POLICIES AFFECTING T RADE IN SERVICES  
[Comoros submitted an  initial offer on specific commitments in services on 7 September 2016 
(WT/ACC/SPEC/COM/2 ) and a revised offer in April 2017 (WT/ACC/SPEC/COM/2/Rev.1). ] 
167.  The representative of Comoros said that his Government's strategy for growth in the 
services sector was to privatize many of the service providers and to open the market to free and 
fair competition. Acco rding to the Investment Code (Law No. 07 -010/AU), foreigners could invest 
and work in nearly every service sector in Comoros. He noted that the five most significant service 
sectors were telecommunications, construction and civil engineering, tourism and r elated services, 
transport, and financial services.  
168.  On telecommunications, the representative of Comoros said that this sector had been 
opened up for competition pursuant to  Law No.  95-008/AF on the concession of State -owned 
companies, supplemented by Law  No. 08-007/AU of 15 January  2008 on the information and 
communication technology sectors and by Decree No.  09-064/PR of 23  May 2009 establishing the 
procedures for implementing Law No.  08-007/AU. He noted that the privatization of Comores 
Télécom S.A.  was underway. The essential assets of Comores Télé com had been transferred to a 
new ad hoc  company in which 51% of the equity would be opened to a strategic investor chosen by 
international tender. The other shareholders would be the government (34%) and the employees JOB/ACC/COM/5  
 
- 37 - 
 
  (15%). He added that Comores Télécom  was no longer the only service provider on the local 
market as a licence had been granted to a new private telecom operator (Telma).  
169.  Concerning tourism, the representative of Comoros said that the Government o ffered 
various incentives to help overcome obstacles to growth in this sector. The ministerial department 
in charge of investment administered incentive policies and instruments aimed at developing 
tourism through the National Investment Promotion Agency ( Agence Nationale pour la Promotion 
des Investissements, ANPI ).  He added that Comoros had adopted a law on the supply of tourism 
services which ensured that this sector was open.  
170.  He considered the commercial banking sector fully liberalized. In addition t o privatizing two 
previously State -owned banks ( Banque pour l'Industrie et le Commerce  and 
Banque  de Développement des Comores ), the State had also expanded the supply of banking 
services by allowing two private commercial banks to set up operation s locally (EXIM Bank 
Tanzania and Banque Féférale pour le Commerce ).  
171.  Asked to describe in greater detail the ongoing problems in the electricity services 
subsector, the representative of Comoros said that electricity generation in Comoros was mainly 
thermal (impo rted diesel) with the exception of three hydroelectric micro -stations. Problems were 
due to (i) loss -making sales; (ii) dilapidated networks; (iii) the multiplicity of power generators 
which ruled out economies of scale; (iv) unqualified personnel; (v) tec hnical losses associated with 
the age of the networks; (vi) theft and fraud; and (vii) problems linked with customer management 
and debt collection.  
VII. TRANSPARENCY  
- Publication of information on trade  
[to be completed]  
- Notifications  
[to be completed]  
VIII.  TRADE AGREEMENTS  
172.  The representative of Comoros said that Comoros considered regional integration as a  
stage in its strategy of integration into the multilateral trading system. Comoros was a member of 
the Greater Arab Free Trade Area (GAFTA) , the Organisation of Islamic Cooperation (OIC) , the 
Common Market for Eastern and Southern Africa (COMESA), and the Indian Ocean Commission 
(IOC) . In his view, the agreements concluded under GAFTA, the OIC, COMESA  and th e IOC had 
been established in accordance with the provisions of Article XXIV of the GATT 1994  and the 
Enabling Clause.  JOB/ACC/COM/5  
 
- 38 - 
 
  173.  The main objective of GAFTA was  the elimination and gradual reduction of trade barriers. 
One of the objectives of the OIC was to strengthen intra -Islamic economic and trade cooperation 
with a view to achieving economic integration. Comoros implement ed the COMESA free trade area 
since 20 12 and did not apply import duties on products originating from COMESA member states. 
While negotiations on the implementation of the COMESA customs union were ongoing , Comoros 
had already adopted the COMESA categorization  of goods , harmonized its Customs Code to that of 
COMESA , and incorporated the COMESA C ommon Tariff Nomenclature.  In his view, the rules 
governing COMESA were in line with the rules of the WTO.  
174.  The representative of Comoros added that Comoros exported to the European Union under 
the Everyt hing but Arms (EBA) initiative. Comoros had initialled but not yet signed an interim 
Economic Partnership Agreement (EPA) with the European Union in the framework of the Eastern 
and Southern Africa group.  
CONCLUSIONS  
[to be comple ted] JOB/ACC/COM/5  
 
- 39 - 
 
  ANNEX 1  
Laws, Regulations and other Information Provided to the Working Party by Comoros  
ECONOMIC POLICIES  
- Decree No.  15-240/PR promulgating Law No.  15-012/AU of 28  December  2015 containing 
the Finance Law for the financial year  2016 
- Law No.  06 010/AU of 2  December  2006 establishing the finance law of the Union of 
the Comoros for 2006  
- Law No.  13-/AU on Competition in the Union of the Comoros  
- Law on Economic Citizenship in the Union of the Comoros  
- Order No.  04-005/VP on the Creati on of the National Development and Trade Policy Forum 
(FNDPC) responsible for the negotiation of EPAs  
- Uniform Act relating to the Commercial Companies and Economic Interest Groups, adopted 
on 17  April 1997 and published in Official Journal OHADA No.  2 of 1  October  1997 
FRAMEWORK FOR MAKING AND ENFORCING POLICIES  
- Rules of Mediation of the Court of Arbitration of the Comoros (CACOM)  
- Uniform Act on Arbitration under the OHADA Treaty  
IMPORT/EXPORT REGULATIONS  
- COMESA Rules of Origin  
- Customs Code of the Union of  the Comoros, 2015  
- Customs Code, updated 2002 (2/84)  
- Decree No.  11-151/PR promulgating Law No.  11-007bis/AU of 3  May 2011 on the General 
Tax Code  
- Ordinance No. 92 008/PR of 7 September 1992 on the Customs Code  
TECHNICAL BARRIERS  TO TRADE, STANDARDS AND CER TIFICATION  
- Decree No. 13 -007/PR implementing Law No. 12 16/AU of 20 December 2012 on metrology  
- Decree No.  99-087/CE on the creation, mandate and organization of the consumer product 
standardization and quality service, dated 22  July 1999 
SANITARY AND PHYT OSANITARY MEASURES  
- Decree No.  06-220/PR implementing Organic Law No.  06-010/AU of 2  December  2006 
establishing plant protection in the Comoros  
- Decree No.  87-018/PR regulating animal health protection in the Federal Islamic Republic 
of the Comoros  
- Law No. 9 5 009/AF on the creation, organization and operation of the National Institute for 
Research in Agriculture, Fisheries and the Environment (INRAPE)  
- Law No.  12-018/AU of 25  December  2012 on food legislation  JOB/ACC/COM/5  
 
- 40 - 
 
  - Law No.  95-009 of 20  June 1995 on the creation, org anization and operation of the 
National  Institute for Research in Agriculture, Fisheries and the Environment (INRAPE)  
- Order No. 09 013/VP establishing the National Codex Alimentarius Committee  
GOVERNMENT  PROCUREMENT  
- Government Procurement Code dated 4  February 2012 
TRADE -RELATED  INTELLECTUAL PROPERTY REGIME  
- Act of the Bangui Agreement Establishing the African Intellectual Property Organization 
(OAPI); dated 14  December  2015 
- Decree No.  10/173/PR of 26  November  2010 on the establishment, powers, organization  
and operation of the Comorian Intellectual Property Office  
- Law of 11  March  1957 on literary and artistic property, made applicable in the Comoros by 
order of 8  April 1957 
POLICIES AFFECTING  TRADE IN SERVICES  
- Compendium of texts on the exercise of banking  and financial activities, Central Bank of 
the Comoros, dated 10 December 2015  
- Compendium of texts relating to the banking sector  
- Decree No. 09 065/PR of 23 May 2009 on the creation, organization, and operation of the 
National Information and Communication s Technologies Regulatory Authority  
- Decree No.  08-063/PR on the Establishment of a National Investment Promotion Agency, 
dated 5  June 2008 
- Decree No.  08-064/PR laying down the procedure for the granting of benefits under the 
Investment Code, dated 5  June 2008 
- Decree No.  12-094/PR promulgating Law No.  11-024-AU of 29  December  2011, Tourism  
- Law No.  86-017 on the Urban Planning and Habitat Code  
- Law on the Investment Code  
- Order No.  13-002 containing the statutes of the National Tourism Office  
TRADE AGREEMENTS  
- Cooperation agreement in the fields of trade between the Government of the State of 
Kuwait and the Government of the Union of the Comoros  
- Cooperation Framework Agreement between the Government of the United Republic of 
Tanzania and the Government of the Un ion of the Comoros  
- General Agreement for Economic, Technical and Commercial Cooperation among Member 
States of the Organization of the Islamic Conference  
- Partnership Agreement in the fisheries sector between the European Community and the 
Union of the Como ros of 24 November 2004  JOB/ACC/COM/5  
 
- 41 - 
 
  - Technical cooperation protocol between the Union of the Comoros and the Government of 
the Republic of Turkey  
- Trade Agreement between the Comorian State and the Democratic Republic of Madagascar  
- Treaty Establishing the Common Market for Eastern and Southern Africa (COMESA)  
  
  JOB/ACC/COM/5  
 
- 42 - ANNEX 2 
LICENSING REQUIREMEN TS 
Type of prior import 
authorization  Approval authority  Definition  Products 
concerned  HS code  Type of regulation  
Import licence for alcohol 
and tobacco  Ministry o f Finance and the 
Budget (Directorate -General of 
Taxation)  Regulates the import, distribution 
and use of alcoholic beverages 
with a view to protecting human 
health and for socio -economic 
reasons.  Alcoholic 
beverages  
 
 
 
Tobacco and 
manufactured 
tobacco subs titutes  2203.0010 to  
2208.9099  
 
 
2401.1000 to  
2403.9900  Order No.  14-069/VP -MFEBCEIP/CAB 
regulating the import, distribution and 
serving of alcoholic beverages 
pursuant to Law No.  13-014/AU of 
26 December  2013 on competition in 
the Union of the Comoros.  
2017 General Tax Code  
Article 194 of the Tax Code  
Finance Law No.  08-43/AU  
Import licence for luxury 
rice Ministry of Finance and the 
Budget (Directorate -General of 
Taxation)  Internal tax levied for the 
marketing of luxury rice  Rice containing 0% 
to 5% of b roken 
rice 
 10 06 30 20  2012 Tax Code, Article 199  
 
Prior import 
authorization  Ministry of Production (INRAP E 
Directorate)  The purpose of this measure is to 
protect human and animal health. 
A preliminary import request is 
submitted to the INRAP 
Directorat e, which will then 
examine whether the import 
requirements for live animals or 
products of animal origin have 
been met before authorizing the 
import in question.  Live animals and 
animal products  
 
Meat and edible 
meat offal, fresh, 
frozen or chilled  0101.10 00 to 
0106.9000  
 
0201.1000 to  
0209.0000  
 
 
 Decree No.  87-024/PR regulating the 
import of animals and animal products  
Ministry of Production 
(Fisheries Directorate)  The purpose of this measure is to 
protect human and animal health. 
Prior import authorizat ion for 
fishery products is issued by the 
Fishery Product Quality 
Certification Office of the 
Comoros following a safety 
analysis.  Fish and 
crustaceans, 
molluscs and other 
aquatic 
invertebrates, live, 
fresh, frozen or 
chilled and dried  0301.1000 to  
0304.99 00 
 
0306.1100 to  
0307.9990  
 Draft Food Law   
  JOB/ACC/COM/5  
 
- 43 - Type of prior import 
authorization  Approval authority  Definition  Products 
concerned  HS code  Type of regulation  
Prior import 
authorization  Ministry of Production 
(INRAPE) and the environment 
(Environment Directorate)  Environment and conservation; 
pest prevention; plants and plant 
products  (IPPC commitments)  
 Live trees an d 
other plants; 
bulbs, roots and 
the like; cut 
flowers and 
ornamental foliage, 
and all the 
products listed in 
Annex I of 
document COM -5, 
notably edible 
vegetables and 
certain roots and 
tubers, and edible 
fruits and nuts  
 0601.1000 to  
0604.9900,………  
 
 
0701.1 000 to  
0709.9090  
0714.1000 to  
0714.9090  
09011100 to  
09109900  Plant Protection Law  
Regional plant protection agreement  
This measure seeks to ensure 
proper protection for wild animal 
and plant species in the Comoros, 
including:  
(a) fully protected animal and 
plant species classed as Category 
1 due to their endemic, rare or 
endangered nature;  
(b) animal and plant species 
classed as Category 2, the 
preservation of which is 
important for maintaining the 
natural balance or the existence 
of which could ultimate ly be 
compromised by uncontrolled 
exploitation.  
Pre-import measures have been 
introduced for these species. The 
importation of these species into 
the Union of the Comoros, a 
signatory of the Convention on 
International Trade in 
Endangered Species (CITES), is 
subject to authorization for 
conservation purposes.  Any species listed 
under the 
Convention on 
International Trade 
in Endangered 
Species (CITES)  0507.1000 to  
0507.9000  
 
9601.1000 to  
9601.9000  Law No.  95-007 of 19  June 1995 on 
the environment   
  JOB/ACC/COM/5  
 
- 44 - Type of prior import 
authorization  Approval authority  Definition  Products 
concerned  HS code  Type of regulation  
Importatio n banned 
other than for national 
defence purposes  Ministry of Internal Affairs, 
Ministry of Defence and 
Commissioner of Police  
 In order to protect national 
security, the import of arms of 
any sort into the Union of the 
Comoros is banned other than for 
national defence purposes.  Pyrotechnic 
products and 
explosives  
 
Swords, cutlasses, 
bayonets and 
similar arms  3601.0000 to  
3604.9090  
 
 
 
93011000 to  
9307.0000  Law No.  97-009 of 21  July 1997 on 
defence and national security  
 
__________