WT/TPR/M/303/Add.1  
 
16 May 2017  
(17-2586) Page: 1/27 
Trade Policy Review Body  
14 and 16 February 20 17 Original: English/anglais/inglés  
 
  TRADE POLICY REVIEW  
SIERRA LEONE 
MINUTES OF THE MEETI NG 
Addendum  
Chairperson: Ms Irene Young (Hong Kong, China ) 
 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by  Sierra Leone .1 
 
 
Organe d 'examen des politiques commerciales  
14 et 16  février 2017 
EXAMEN DES POLITIQUE S COMMERCIALES  
SIERRA LEONE 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : Mme Irene Young (Hong Kong, Chin e) 
Le présent document contient les questions écrites communiquées à l' avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  Sierra Leone .1 
 
 
Órgano de Examen de las Políticas Comerciales  
14 y 16 de febrero de 2017 
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
SIERRA LEONA 
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Sra. Irene Young  (Hong Kong, China ) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por  
Sierra Leona .1 
                                                
1 In English only/En anglais seulement/En inglés solamente.  WT/TPR/M/303/ Add.1  
 
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  Quest ions based on Report by the Secretariat (WT/TPR/S/303/Rev.1)  
 
SUMMARY  
 
Paragraph 11 
 
"The GST is levied at a standard rate of 15% and constitutes an important source of government 
revenue."  
 
China Question 1  
 
Please elaborate on the application rate of the  GST under the standard rate of 15%.  
 
Answer  
 
GST on Imports:  
  
GST on imports is levied at a rate of 15% on goods specified in the First Schedule of the External 
Tariff of Sierra Leone and all taxable goods and services not listed in Schedule 2 of the GST  Act 
2009 as amended. The amount paid can however be deducted from your GST on sales or services 
when claims are made to the Domestic Tax Department on your tax returns with the department.  
 
GST on Goods and Services:  
  
At the domestic level, GST is charg ed on all goods and services not listed in the Second Schedule 
of the GST Act 2009 as amended. GST paid on imports can be claimed as input tax. GST returns 
and payments should be submitted and paid on a monthly basis.  
 
2. TRADE AND INVESTMENT REGIMES  
 
Page  17, paragraph 2.5  
 
The report states that: In 2010, the Government launched a commercial court to fast track 
commercial disputes.  
 
EU Question 2  
  
Can the authorities give some information regarding the modalities to resort to these fast track 
procedures (are they limited to the private sector, what are the conditions of use)?  
 
Answer  
 
1.     The Fast Track Commercial Court (FTCC) is a part of the High Court of Sierra Leone dedicated 
to hearing and determining Commercial and Admiralty cases. It was created  by the High Court 
Rules (2007) and the Commercial Court Rules 2010, which provides for commercial and admiralty 
cases to be tried speedily and expeditiously.  
  
2.     In June 2015, a Practice Direction was passed by the then Chief Justice, the Honorable 
Justice V. Thomas S.C . that  all commercial admiralty matters shall be assigned to the FTCC. This 
in effect made all commercial ad admiralty matters to be fast tracked as per the FTCC rules.  
 
3.     Currently, the FTCC deals with claims of Le  5, 000,000 (Fiv e Million Leones) and above. The 
Magistrate s Courts deals with small claims that are below Le  5, 000,000 (Five Million Leones).  
 
4.     The FTCC is accessible to the general public as a whole and not limited to the private sector.  
 
5.     There are no spec ific conditions attached for the use of the FTCC, the fees are the same with 
all the other divisions of the High Court of Sierra Leone. As long as the dispute falls under the 
categories of claims stipulated in the FTCC Rules (2010), it can be heard by any of the Judges at 
the FTCC. As of now, there are 6 (six) judges assigned to the FTCC.   
 WT/TPR/M/303/Add.1  
 
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  Page 17 -18, para 2.7  on consultation on trade policy , and para 2.8 on the NCCT (National 
Coordinating Committee on Trade) creation and para 2.11 on adopted and amended l aws. 
 
According to the report, "There is no formal consultation with the private sector on trade policy 
formulation and/or implementation."  but mentions the Sierra Leone Business Forum and the NCCT. 
It is also mentioned that the NCCT "is being revived thro ugh assistance from the DFID's Trade 
Advocacy Fund."  
 
EU Question 3  
  
The EU would like to know whether the NCCT is now fully operational and if it is, whether the 
committee has been consulted?  
 
Answer  
 
The NCCT is now fully operational having been establi shed through a Cabinet Conclusion in 2008 
that provided the mandates for the NCCT. In addition, a three -day capacity building workshop on 
international trade negotiations was held in September 2015 for members of the NCCT and was 
organised by MTI (Ministry  of Trade an d Industry) with support from DF ID’s TAF Programme. One 
of the sub -committees of the NCCT, the NTFC comprising representatives from the public and 
private sector has met a couple of times in 2016 to deliberate on the categorization of the 
measu res in the TFA.  
 
2.3 Trade Agreements and Arrangements  
2.3.1  World Trade Organization  
 
Page 20, paragraph 2.20 : The Secretariat report states that Sierra Leone is currently under 
Administrative Measures (Category III) due to contribution arrears, and as a result, in principle, 
denied training and technical assistance other than those necessary to meet its GATT Article XIV -2 
obligati ons (Page 20, paragraph 2.20). Please list what technical assistance Sierra Leone is 
receiving or has sought within and outside  of the WTO and from whom and for what period, to 
assist Sierra Leone in setting -up an enquiry point, particularly on notification and publication 
requirements under the TBT Agreement? What steps has Sierra Leone taken to coordinate the 
WTO TBT Agreement n otification requirements at the (a) the national level; (b) the sub -national 
level, and (c) the local level of government to be in compliance Article 3 of the WTO TBT 
Agreement on the Preparation, Adoption and Application of Technical Regulations by Local 
Government Bodies and Non -Governmental Bodies?  
   
2.4 Investment Regime  
2.4.1  Legal framework for business  
 
Answer  
 
a) We have not received but we are still seeking Technical assistan ce within and outside Sierra 
Leone.  
b) Pending ratification . 
c) Cabinet Conclusion  on TBT approved . 
 
Page 24, paragraph 2.44:  The Secretariat Report discusses procedures for land access in Sierra 
Leone. Does Sierra Leone have plans to streamline procedures for expeditious registration of 
property?  
 
2.4 Investment Regime  
2.4.2  Local Cont ent Prescriptions  
 
Answer  
 
Yes under the Doing Business reforms the IFC WB DBR we have streamline the process for 
registering proper in Sierra Leone. The entire process last for fourteen (14) days and we have also 
implemented fast tract process/procedures that last additional for 3 days with a 50,000 cost.  
 WT/TPR/M/303/ Add.1  
 
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  Page 24, paragraph 2.46:  The Secretariat Report states that Sierra Leone adopted a local -
content policy in May 2012, which " details prescriptions for the use of locally -sourced goods and 
services, nation al preference in contracts and procurements, employment of nationals, and 
national ownership ". Does Sierra Leone have plans to ease or otherwise modify such 
requirements?  
 
Answer  
 
Local content policy was put together through a consultative process to inc rease local participation 
in the private sector and create employment. We are yet to realise the full benefits of this policy as 
its implementation is in the initial stage. However, like any other policy, it could be subject to 
review in the near future.  
 
Page 24, Paragraph 2.44, Paragraph 2.46  
 
U.S. Follow -up Question 3  
 
With regard to references to local -content policy, including the Sierra Leone Local Content Agency 
Act of 2016, with specificity, please clarify how such policies are consisten t with the T RIMS 
Agreement. Please identify any other current policies that might implicate commitments under the 
TRIMS agreement.  
 
Answer        
 
The Sierra Leone Local Content Agency Act 2016 is consistent with WTO, Global and Regional 
Protocols and, in specificity, the TRIMS Agreement. The sole aim is to increase competitiveness 
through value addition and create sufficient linkages between FDIs and the domestic economy. 
The thrust of the SLLCA Act 2016 is to promote and facilitate trade within and among various 
partn ers and ensure that an enabling environment is maintained for private sector investment. 
Targets are not mandatory in the Act, but are voluntary, and are therefore in line with the TRIMS 
Agreement. Sierra Leone operates a liberalized economy and market for ces determine prices. All 
economic instruments and policies and geared towards ensuring that we adhere to international 
best practices.  
 
Page 24, para graph  2.46 – WT/TPR/S/303/Rev.1 and  
Page 16, para graph  3.18 – WT/TPR/G/303/Rev.1  
 
According to the Secreta riat report, the policy details prescriptions for the use of locally -sourced 
goods and services, national preference in contracts and procurements, employment of nationals, 
and national ownership.  
  
The Policy states: Government will grant incentives to on ly those enterprises that satisfy the local 
content requirements of this Policy or other related instruments.  
 
EU Question 1  
  
- Could the authorities elaborate further on the details of this policy? In particular, could they 
clarify to what extent does it condition the possibility for a foreign investor to invest in Sierra 
Leone?  
- With reference to the investment incentives presented in Table 2.2 , could the authorities 
clarify how these incentives satisfy the obligations of the TRIMS agreement, notably with  
regard to the prohibition against the requirement to use a certain volume of value of 
domestic products?  
 
Answer  
 
Investment incentives are provided for in the various Finance Acts. Thus far, these do not tie 
incentives to adherence to the Local Content P olicy.  
 WT/TPR/M/303/Add.1  
 
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  3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.7  Contingency measures  
 
Page 35, paragraph 3.50:  The Secretariat report states that Sierra Leone has no legislative or 
institutional framework for antidumping, countervailing, or safeguards actions and that Sierra 
Leone has not taken any such measures.  Sierra Leone has notified the Committee on Subsidies 
and Countervailing Measures and the Committee on Safeguards that it does not have laws or 
regulations governi ng countervailing or safeguards actions, but it has not yet notified the 
Committee on Antidumping Practices that it does not have antidumping legislation in place.  Please 
indicate when Sierra Leone will be making such a notification to the Antidumping Com mittee.  
 
3.2 Measures Directly Affecting Exports  
3.2.2  Export taxes, charges, and levies  
 
Answer  
 
We are aware that we are behind in our notifications. However, we are working on several WTO 
Notifications and hope to do so by April 2017 .  
 
Page 35, paragra phs 3.54 and 3.55   
 
The Secretariat report contains an apparent discrepancy on the reported level  of export taxes for 
diamonds. Is the export tax for diamonds 3 % or 15%?  Why are export taxes for bauxite, iron ore 
and other metals and minerals set at the v ery high rate of 15 %?  Don't taxes at this level serve as 
a deterrent for exports?  
 
3.3 Measures Affecting Production and Trade  
3.3.2  Standards and other technical requirements  
 
Answer  
 
Royalty is charged on the export volume of extractive commodities. The  Finance Acts 2013 and 
2014 provides for the rate s of royalty that is charged. The 15% rate is a goods and services tax.  
 
Page 39, para graph  3.73 (Incentives)  
 
The WTO Secretariat report states that "According to the authorities, there is no discrimination  
against foreign investors with respect to the granting of investment incentives."  
 
EU Question 6  
 
Can the authorities provide information or statistics on the incentives provided under the 
mechanisms described in Table "Main investment incentives"?  
 
Inves tment incentives in Sierra Leone are guided by the Tax Incentive Handbook prepared by the 
Government of Sierra Leone through the Ministry of Finance and Economic Development. The 
handbook outlines the tax incentives for investments in various sectors.  Inv estment incentives are 
categorized by the sector rather than by the nature or origin of the investment.  
 
Page 39, paragraph 3.74:  The Secretariat report states that Sierra Leone has not notified any 
technical regulations or its national enquiry point unde r the WTO Agreement on Technical Barrier 
to Trade (TBT). Does Sierra Leone have a timeline for when its national enquiry point will be set up 
or information on where it will be housed?  
 
3.3 Measures Affecting Production and Trade  
3.3.7  Government procureme nt 
 
Answer  
 
We are noting all the requests and will revert with timelines. The Unit will however be housed 
within the Ministry of Trade and Industry.  WT/TPR/M/303/ Add.1  
 
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  Page 41, para graph  3.85 (Sanitary and phytosanitary requirements ) 
 
According to the report, "The authorit ies indicated that a phytosanitary policy and a phytosanitary 
and a pest control bill are at the drafting stage."  
 
EU Question 7  
 
Are the bills adopted, if not, could you please tell us when are they planned for adoption?  
 
Answer  
 
A Draft Phytosanitary and  Pest Control Act has been submitted to the Sierra Leone Standards 
Bureau, Ministry of Trade and Industry and the Ministry of Agriculture, Forestry and Food Security 
and is still being discussed before finalisation and ratification by Parliament.  
 
Page 43,  paragraph 3.99:  The Secretariat report notes that Sierra Leone is neither an observer 
to, nor a member of, the WTO’s Agreement on Government Procurement (GPA). The addition of 
Sierra Leone to the GPA would constitute an important expansion of the GPA. We would urge 
Sierra Leone to consider becoming an observer to the agreement given the efforts it has made to 
ensure its government procurement regime is transparent and open to international competition. 
In light of the adoption of the revised GPA, which inc ludes language that would allow for necessary 
and temporary transitional measures for new developing country members, does Sierra Leone 
have plans to consider accession to the WTO GPA?  Given that observership provides opportunities 
to engage with GPA Memb ers on government procurement issues more broadly without taking any 
obligations, has Sierra Leone considered requesting to become an observer to the GPA?  
 
Answer  
 
Sierra Leone has a well -defined procurement regime and for now we are considering an 
observe rship status.  
  
Page 43, para 3.101 (Government procurement)  
 
The report states that an Independent Procurement Review Panel (IPRP) is tasked with, inter alia, 
reviewing bidders' complaints and challenges on contract award decisions but that the IPRP is no t 
functional yet.  
 
EU Question 8  
  
Can Sierra Leone provide further details on its complaints or appeal mechanism?  
 
Answer   
 
The following are the details involved in the complaints or appeal procedures:  
 
1. A potential or actual bidder that claims to have su ffered or that is likely to suffer, loss or 
injury due to breach of a duty imposed on the procuring entity by the Act, the Regulations or 
the bidding document, may see a review at any stage of the procurement proceedings.  
 
2. Any applications for review submi tted by a bidder, in accordance with section 63 of the Act, 
shall contain:  
 
a) Details of the procurement proceedings to which the application relates, including the 
procurement reference number;  
b) Details of the provision of the Act, Regulations or other instr ument which has been 
breached  
c) An explanation of how the provision has been breached, including, where known, the 
date and the names of responsible officers; and  
d) Any available documentary or other evidence supporting the application.  
 
3. The application for re view shall be submitted in writing to the head of procuring entity, 
unless a contract has already been awarded.  WT/TPR/M/303/Add.1  
 
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  4. The application for view may be submitted to the National Public Procurement Authority 
(NPPA) where:  
 
a) A contract has already been awarded  
b) The he ad of the procuring entity has failed to issue a decision within ten (10) working 
days of the date of receipt of the application for review; or  
c) The bidder wishes to appeal the decision of the head of the procuring entity . 
 
5. Any application for review shall  be submitted within ten (10) working days of:  
 
a) The date when the bidder become aware of the circumstances giving rise to the 
application for review; or  
b) The date of the head of the procuring entity’s decision or failure to issue a decision.  
 
6. Upon receipt o f an application for review, the head of review by procuring entity shall 
institute an investigation, which shall head of the procuring entity consider, where 
appropriate:  
 
a) The information and evidence contained in the application for review  
b) Information fr om the procuring entity’s procurement records;  
c) Information provided by staff of the procuring entity; and  
d) Information from other bidders  
 
7. The head of the procuring entity shall issue a written decision within five (5) working days of 
receipt of the applic ation for review, which shall indicate:  
 
a) Whether the application is upheld or rejected;  
b) The reasons for the decision; and  
c) Any corrective measures to be taken.  
 
8. The decision shall be sent to:  
 
a) The bidder who submitted the application for review;  
b) All other b idders;  
c) The procurement unit and procurement committee of the procuring entity; and  
d) The NPPA  
 
9. For an application for review to be considered by the Independent Procurement Review 
Panel, the application shall be accompanied by an administrative fee of 2% of  the 
applicant’s bid price up to a maximum of le 2 million.  
 
10. The procurement proceedings shall be suspended until a decision on the complaint is issued 
by the Independent Procurement Review Panel, unless the Procuring Entity certifies that 
urgent public in terest considerations such as natural disasters, medical emergencies, civil 
strife and outbreak of war, require the procurement to proceed in accordance with the 
provisions of sections 65 (7) of the Act . 
 
11. Upon receipt of an application for review, the Inde pendent Procurement Review Panel shall 
consider where appropriate:  
 
a) The information and evidence contained in the application for review;  
b) Information from the Procuring Entity’s procurement records  
c) Information provided by staff of the procuring entity;  
d) Information from other bidders; and  
e) Information in the investigation  
 
12. The Independent Procurement Review Panel shall issue a written decision within ten (10) 
working days, which shall indicate:  
 
a) Whether the application is upheld or rejected;  
b) The reasons for t he decision; and  WT/TPR/M/303/ Add.1  
 
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  c) Any corrective measures to be taken, in accordance with section 65 of the Act which 
states that:  
 
 A complaint may be dismissed for:  
 
- Failure to comply with any of the requirements of these regulations;  
- Setting forth only allegations that d o not state a valid basis for a complaint, or 
that do not set forth a detailed legal and factual statement;  
- Having been filed in an untimely manner, either at the initial level of the review 
by the Procuring Entity, or with respect to deadlines for filing of a compliant 
with the Independent Procurement Review Panel;  
- Concerning contract implementation or administration rather than contract 
award;  
- Challenging an affirmative determination of qualifications about a competing 
bidder.  
 
Question  
 
When is the IPRP going to be operational?  
 
Answer  
  
The Independent Procurement Review Panel has been in operation since its establishment in the 
2004 Public Procurement Act. It has an established office housed at the National Public 
Procurement Authority (NPPA) Secretaria t. 
 
Source : The Public Procurement Regulations, 2006          
 
Page 44, paragraph 3.104  
 
The Secretariat report notes that international competitive bidding procedures should be used for 
projects above certain thresholds (Le 600 million for goods and servi ces, Le 900 million for 
works/construction). Do margins of preferences, referenced in paragraph 3.103, continue to apply 
in these government procurements where international competitive bidding procedures are used?  
 
3.3 Measures Affecting Production and Tr ade 
3.3.8  Intellectual property rights  
 
Answer  
 
The Amended National Public Procurement Act 2016 continues to provide for the same margin 
preferences.  
 
Page 45, paragraph 3.112  
 
The Secretariat Report notes that " [i]n 2007, Sierra Leone undertook an asses sment of its needs 
for technical and financial assistance related to the implementation of the TRIPS Agreement.  
Priorities were identified along the following clusters: updating the policy, the legal and the 
regulatory framework; strengthening the adminis trative services; and increasing awareness, 
understanding, and use of intellectual property rights." The Copyright Act has since been 
amended.  What has been done or is planned for strengthening the administrative services and for 
increasing awareness a nd understanding of IP rights? Please describe any programs or an 
additional effort the government of Sierra Leone has adopted to addresses these priorities.  Please 
provide details about the programs and whether there have been any positive developments or 
achievements.  
 
Page 45, Para 3.112  refers to TRIPS (including to the implementation of the TRIPS Agreement). 
The Para in question and the report in general does not refer to GIs.  
 WT/TPR/M/303/Add.1  
 
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  EU Question 9  
  
Could Sierra Leone clarify whether the future IP strategy wil l include the regulation of Geographical 
Indications to protect farmers' and producers' IP rights regarding products whose quality, 
reputation or other characteristic is essentially attributable to their geographical origin?  
 
Answer  
 
The N ational IP Policy  mentioned in section 1.11 that Sierra Leone Protecting IPR Project 
will encompass two stages of policy articulation.   In the first stage, priority will be given to the 
Patent, Industrial designs, Trademark and Copyright legislation and the modernization o f their 
administrative institutions.  
 
The second stage will include laws relating to protection of plant varieties, integrated circuit 
topographies, among others will follow which will require additional policy research, analysis and 
stakeholder consultati on.  
 
Therefore,  the future IP strategy will include the regulation of Geographical Indications as a means 
of protecting farmers' and producers' IP right.  
  
Sierra Leone is a signatory to the Swakomund Protocol and needs adoption by the Government of 
Sierra Leone.  
 
 Copyright Act, 2011. Viewed at: http://www.wipo.int/wipolex/en/text.jsp?file_id=328521  
[10.05.2017]  
 
 Patents and Industrial Design Act 2012, Viewed at: http://www.sierra -leone.org/Laws/2012 -
10.pdf  [10.05.17 ]. 
 
 Trade Marks Act, 2014. Viewed at: 
http://www.parliament.go v.sl/Portals/0/BILLS/2014/THE%20TRADE%20MARKS%20ACT%2
02014.pdf . [10.05.2017]   
 
Please note that Parliament ratified the Trade Marks Act on the 22nd July, 2014.  
 
Page 45, paragraph 3.113  
 
The Secretariat Report points out that Sierra Leone is a contracting  party to the World Intellectual 
Property Organization (WIPO) and participates in the Paris Convention for the Protection of 
Industrial Property, the Patent Cooperation Treaty, the Madrid Agreement concerning the 
International Registration of Marks, and th e Madrid Protocol.  Does Sierra Leone plan to ratify the 
Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty or 
the WIPO Performances and Phonograms Treaty, and if so, when?  
 
Page 45, paragraph 3.115  
 
The Secretari at notes that Sierra Leone enacted a new Copyright Act in 2011, repealing the 
Copyright Act of 1965, and that under the new law, rights are protected during the lifetime of the 
author (or the last surviving author) plus 50 years, while works “owned by a pu blic corporation or 
other body corporate” (2011 Copyright Act Art. 22) have a term of protection for 50 years from 
the date on which the work was made public.  Please describe how these provisions operate in 
cases where works are created by an individual a uthor but the exclusive rights may be owned by a 
corporation.  Authors often transfer the copyright in works that they create to corporate entities.  
Is the term for these works the lifetime of the author plus 50 years or is it 50 years from the date 
on wh ich the work was made public?  
 
Answer  
 
The Ministry of Trade and Industry is in the process of setting -up the Sierra Leone Intellectual 
Property Agency. This Agency will spearhead all activities relating to intellectual property rights.  
 WT/TPR/M/303/ Add.1  
 
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  Page 46, paragraph  3.116  
 
According to the Secretariat Report, the Copyright Act establishes the Collecting Soc iety of Sierra 
Leone, which is " tasked with protecting the rights of authors and owners of copyrights. " The 
Society " is to include representatives from the followi ng professional groups: musicians, music 
producers, writers, book publishers, performing artists, and film producers. "  Does this mean the 
collecting society has not been formed yet?  What is the timeline for constituting the collecting 
society? Article 54  of the Act authorizes the Collect ing Society of Sierra Leone to " collect and 
distribute the royalties and other remuneration accruing to its members under this Act " and to 
"administer, exclusively within Sierra Leone, or outside Sierra Leone on the basis of reciprocity, all 
rights relating to public performance by its members. "  Does the society (or will the society) have 
reciprocity with collecting societies from other countries?  
 
Answer   
 
No, the collective society of Sierra Leone has not been establishe d. The terms of its operation 
remain as provided for under the Act.  
 
US Follow -up Question 1  
  
As the answers to all copyright -related questions depend on the future activities of the Sierra 
Leone Intellectual Property Agency and a collective society for S ierra Leone, neither of which are 
yet formed, could you please provide a timeline on the Ministry of Trade and Industry’s process of 
setting -up the IP Agency and an outline of already taken and planned steps?  
 
Answer  
 
The Administrator and Registrar Genera l’s Office continues to administer and register industrial 
properties comprising of Trade Marks and Patents until the Sierra Leone Intellectual Property Office 
(SLIPO) is established by law as stipulated under the Trade Marks Act.  
  
The administration and registration of Copyrights and related rights has and is still under the 
auspices of the Ministry of Tourism.  
 
The Administrator and Registrar General office has been successful in securing a building to house 
SLIPO, but as at now, we do not have funding to furnish the said Office. The World Intellectual 
Property Office is assisting greatly, by having prepared drafts of the statute establishing the SLIP, 
and regulations to operationalise the three IP Acts, and engaging consultants for each segment of 
the administration and registration of IPs by SLIPO.  
 
While the Ministry of Trade and Industry cannot be definitive as to timeline for accomplishing 
specific goal, we believe that before the end of September, the Office would be up and running. A 
Consultant wit h a mandate to set up the administration of the Collecting Society has been 
earmarked by WIPO.  
 
Much awareness creating is being done by both WIPO and ARIPO in Freetown and elsewhere, 
especially in the area of awareness IP programmes in promoting and prote cting intellectual 
property rights, special programmes for young innovators, Police and Customs Officers in 
combating piracy.    
 
Page 46, paragraph 3.121  
 
Would the Government of Sierra Leone please provide a copy of the new trademark legislation 
enacted i n July 2014, i.e., the Trade Marks Act 2014, referenced in Paragraph 3.121 of the 
Secretariat’s report?  
 
Answer    
 
A hard copy of the Trademark legislation will be provided shortly.  
 WT/TPR/M/303/Add.1  
 
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  Page 46, paragraph 3.124  
 
The Secretariat points out that intellectual pr operty rights owners may challenge intended or 
pending importation, transport, or exportation of suspected counterfeit trademarked goods or 
pirated copyright goods.  Upon receipt of an application from a rights owner, the Customs and 
Excise Department (CED ) is required to make a decision within 30 days, or within 3 days for 
urgent matters.  The CED may suspend customs clearance procedures, detain the suspected 
goods, and eventually  proceed to their destruction. What types of situations elevate an 
importatio n, transport, or exportation challenge to an " urgent " matter?  Are there any statistics on 
how many pirated copyright goods are detained or destroyed?  The Secretariat notes that rights 
holders may initiate challenges.  Do custom officials have ex officio authority to initiate such 
challenges as well?  
 
Answer  
 
(a) 
- A situation where the copyright holder has detailed information regarding shipment (ie. 
Mode of transportatio n / exportation, packaging etc. ) of the pirated copy right goods 
are known well in adva nce. 
- A situation where an application regarding a copyright infringement is made to the 
Commissioner General before the pirated copy right goods are introduced into the 
customs territory of Sierra Leone  
 
(b)    No, there is no such statistics. However, in 2014 a local businessman filed a complaint  with 
the Customs Department, National Revenue Authority (NRA) but failed to submit the 
copyright registration certificate that would warrant any further investigation and 
subsequent seizure and detention . 
 
(c)   No.  
 
Page 47, paragraph 3.125  
 
The Secretariat Report states that “copyrights and trademarks are more frequently subject to 
infringement than other IP rights” in Sierra Leone and notes that the authorities view limited 
awareness of the public and capacity constraints in the public sector” as the main challenges in 
this regard. Please outline and describe the resources that are currently being dedicated to fighting 
counterfeiting and piracy in Sierra Leone.  Are piracy rates increasing, and are there any sta tistics 
on copyright infringement levels?  Does the government of Sierra Leone have any plans to 
increase resources and expand capacity to combat counterfeiting and piracy?  In what ways is the 
limited awareness of the public contributing to infringement, counterfeiting, and piracy?  What 
steps are being taken to improve public awareness?  
 
Page 31 para graph  3.27 on ECOWAS new Common External Tariff (CET) and para graph  
3.28 on an adopted Import Adjustment Tax (IAT) and a Supplementary Protection Tax 
(SPT).  
 
The WTO Secretariat mentions that the ECOWAS CET would start being implemented on 1 January 
2017. The report also mentions the Import Adjustment Tax (IAT) and a Supplementary Protection 
Tax (SPT) to take effect simultaneously with the CET . 
 
EU Question 5  
  
- Can the authorities confirm that the ECOWAS CET is now in place and provide elements on 
the impact especially on products under the higher tariff band (35%)?  
- Did Sierra Leone also put in place the IAT and the SPT, and if yes on which tariff lines?  
 WT/TPR/M/303/ Add.1  
 
- 12 - 
 
  Answe r 
 
(a) The ECOWAS CET is yet to commence as scheduled for 1st January 2017 due to delays in 
coming up with the final list of products for the Import Adjustment Tax (IAT) and the 
Supplementary Protection Tax (SPT). The List of Products for the IAT is now re ady and awaiting 
administrative and legal formalities at national level. Besides, the ECOWAS Commission would 
have to validate and approve this list of products before commencement. April 2017 is being 
targeted as the commencement date.  
 
Regarding impact a ssessment study, we used data from the Asycuda System at customs and 
Statistics Sierra Leone and did some analysis using a World Bank Model. But since the model is 
new to us and we were not quite sure of what we got, we contacted World Bank for assistance in 
that direction. They referred us to an expert based in the sub -region and who has assisted 
member states to conduct such studies. So the impact assessment study is presently on -going. 
With the IAT products list now in place, we expect predictable and re alistic outcome at the end of 
the process. It is hoped that the study report will be ready in early March 2017.  
 
(b) No, but for the IAT a list of products of 157 tariff lines have been suggested for submission to 
the ECOWAS Commission for approval. The mi nistries of Finance and Trade are currently reviewing 
the list before submission to ECOWAS in the next 3 days. The list of products for the SPT has still 
not been put together. According to the provisions of ECOWAS Regulation for Supplementary 
Protection M easures, a member state wishing to apply SPT is expected to have collected the 
necessary data, do calculations and assess injury done or would be done to domestic industries. 
This has not been done, though products have been identified for the study.  
 
Page  39, para graph  3.73 (Incentives)  
 
The WTO Secretariat report states that "According to the authorities, there is no discrimination 
against foreign investors with respect to the granting of investment incentives."  
 
EU Question 6  
 
- Can the authorities provide  information or statistics on the incentives provided under the 
mechanisms described in Table 3.5 "Main investment incentives"?  
 
Answer  
 
Investment incentives in Sierra Leone are provided for in the various Finance Acts and are 
compiled in the Tax Incentiv e Handbook prepared by the Government of Sierra Leone through the 
Ministry of Finance and Economic Development. The handbook outlines the tax incentives for 
investments in various sectors.  Investment incentives are categorized by the sector rather than 
by the nature or origin of the investment.  
 
Page 41, para 3.85 (Sanitary and phytosanitary requirements)  
 
According to the report, " The authorities indicated that a phytosanitary policy and a phytosanitary 
and a pest control bill are at the drafting stage."  
 
EU Question 7  
 
Are the bills adopted, if not, could you please tell us when are they planned for adoption?  
 
Answer  
 
Page 43, para graph  3.101 (Government procurement)  
 
The report states that an Independent Procurement Review Panel (IPRP) is tasked with, inter alia , 
reviewing bidders' complaints and challenges on contract award decisions but that the IPRP is not 
functional yet.  
 WT/TPR/M/303/Add.1  
 
- 13 - 
 
  EU Question 8  
  
Can Sierra Leone provide further details on its complaints or appeal mechanism? When is the IPRP 
going to be opera tional?  
 
Page 45, Para 3.112  refers to TRIPS (including to the implementation of the TRIPS Agreement). 
The Para in question and the report in general does not refer to GIs.  
 
EU Question 9  
  
Could Sierra Leone clarify whether the future IP strategy will in clude the regulation of Geographical 
Indications as a means to protect farmers' and producers' IP rights regarding products whose 
quality, reputation or other characteristic is essentially attributable to their geographical origin?  
 
3.3.8 Intellectual Prop erty Rights  
 
Page 45 (para graph  3.112)   
 
The Secretariat report states that Sierra Leone benefits from the TRIPS Council’s decision to 
extend the transition period for the full implementation of the TRIPS Agreement. Additionally, it is 
worth noting that th e Protocol amending the TRIPS Agreement entered into force on 23 January 
2017. The Protocol aims at facilitating access to affordable medicines by countries lacking 
manufacture capacity of pharmaceutical products. In that regard, please answer:  
  
Does the Government of Sierra Leone intend to ratify the Protocol amending the TRIPS 
Agreement?  
 
Answer  
 
Yes. 
 
4 TRADE POLICIES BY SECTOR  
 
Page 50, para 4.18  of the WTO secretariat's report and page 9, para 2.6  of the Government 
report refers to Sierra Leone Produc e Marketing Company (SLPMC) as the primary exporter of 
agricultural produce while guaranteeing fair prices to farmers. Its activities cover cocoa, coffee, 
rice, cashews, sorghum, and palm oil (including industrial palm oil).  
 
EU Question 10  
  
Can Sierra Le one explain more in detail the functioning and governance of the Sierra Leone 
Produce marketing Company? Is SLPMC owned by the government and who elects the members of 
the board?  
 
Answer  
 
Functions of SLPMC:  
 
 To link smallholder farmers to market ; 
 To carry  out business as the primary exporter of quality agriculture produce ; 
 To ensure good quality exports from Sierra Leone;  
 To pay fair and reasonable prices to farmers and offer produce at attractive prices in export 
market.  
Governance:  
 
 The Company is a Publ ic Limited Company and registered in accordance with the laws of 
Sierra Leone.  WT/TPR/M/303/ Add.1  
 
- 14 - 
 
  Ownership:  
 
 At the moment, the ownership structure of the company is 51% Government and 49% 
public. This structure reflects the various interests along the value chain. Subscrib ers to the 
company will be drawn from existing exporters, private sectors, farmers other private 
stakeholders and the Government.  This is to give company a broader representation and 
ownership, and to reflect Government’s Public Private Partnership initia tive. 
Election of Board Members : 
 
 The current Board is appointed by the Office of the President through reco mmendation from 
the Ministry of Trade & Industry. However, as soon as the company is fully capitalized, 
representation to the Board will be determin ed by the respective Shareholders.  
Board Composition : 
 
1. Paramount Chiefs from main produce producing chiefdoms  
2. Private Sector /Farmers  
Related Line Ministry with approval from State House . 
 
EU Question 11  
  
For which products does SLPMC guarantee prices, and  how does it function in practice? Does 
SLPMC buy products from farmers?  
 
Answer  
 
For which products does SLPMC guarantee Prices?  
 
 SLPMC guarantee fair price to farmers for all Agricultural Produce handled by the company – 
Coca, Coffee, Palm Oil, Cashews, and Sorghum.  
How does " Guaranteeing prices " function in practice?  
 
 Pay to farmers above 60% FOB ; 
 Issuing of receipts to farmers ; 
 Displaying of prices at the Buying Centres ; 
 Sensitizing of Farmers and Agents through produce monitors and media announcement.  
Does SLPMC buy products from farmers?  
 
 From Farmers and Buying Agents.  
EU Question 12  
  
Which body is fixing the guaranteed prices, and which criteria are used for the price fixing?  
 
Who is financing the costs linked to activities of SLPMC and in particula r the activities relating to 
the guaranteed prices?  
 
The Produce Monitoring Board is created by an Act of Parliament in November 2013 and is 
statutorily mandated to monitor and regulate the Produce Sector with a view of enhancing the 
welfare of all the sta keholders in the industry at home and abroad in terms of cost effective 
production, fair pricing, processing and market access for exporters.  The PMB is required to 
ensure that only high quality produce (coffee and cocoa in particular) are exported from S ierra 
Leone in order that the country  can  realize more foreign exchange for national development and 
the farmers will earn high and predictable incomes for possible re -investment in their farming 
enterprises.   
 
As part of its ongoing mandate the PMB is r equested at the commencement of the produce season 
to give a fair idea of the indicative price, which is 60% of the World market price at which Agents 
and Exporters are expected to buy from farmers. As a result, the world market price and WT/TPR/M/303/Add.1  
 
- 15 - 
 
  production potent ial for other countries have been monitored on a daily basis. The indicative price 
is the minimum price at which a dealer or exporter should buy from the farmer /producer to 
ensure the producers receives 60% of the World Market Price.  
 
Purpose:  
   
The pur pose of announcing the indicative price : 
  
1. To give a price idea to the farmers so that they will know the correct price Dealers and 
Produce Agents should pay for their produce;  
  
2. To provide the farmers, agents and exporters with one of the most valuable in formation 
necessary for them to do their purchases and sales programme for the year.  
The Producer Price of cocoa, coffee and other export commodities are deter mined by the 
following factors:  
  
i. Exchange Rate  
ii. World Market Price  
iii. Local Demand for foreign curr ency 
iv. Prices in the neighbouring  states: Liberia/Guinea  
v. Level of discount on the commodity deducted by the oversea buyers  
vi. Prevailing / closing  market price for the commodity  
 
Page 51, para 4.22  says that Sierra Leone is a member of the International Cocoa Organization 
and has only signed the International Cocoa Agreement in January 2012  but it has not ratified it 
yet. 
 
EU Question 13  
  
Could you please clarify why it has not been ratified: what's the main obstacle Sierra Leone is 
encountering for the ratifi cation of the International Cocoa Agreement?  
 
The process of ratification of the International Cocoa agreement with the treaty office in New York 
is ongoing. The Ministry of Foreign Affair has been officially informed to facilitate the process . 
 
The Produc e Monitoring Board is assigned with the responsibility to coordinate the process of 
signing of the International Cocoa Agreement came into existence in November 2014, and 
subsequent to its becoming operational in January 2014, the Executive Head of the Pro duce 
Monitoring Board was terminal and eventually died in June 2014.  
  
Nevertheless, the Acting Executive Secretary has taken responsibility in facilitating the process 
with the Ministry of Foreign Affairs and we are assured that the agreement will be rati fy in the next 
few months.  
 
China  Question 4  
 
What kinds of projects will be promoted by the investment promotion programmes conducted by 
the government of Sierra Leone in agriculture, mining and infrastructure sectors, and what 
preferential policy measure s will be given to the foreign investors in these programmes?  
 
Page 22, Para 2.35  
 
"Several reforms were also implemented in areas relating to, inter alia , business taxation, 
investment policy and promotion, business registration, and in the tourism sector ." 
 
China Page 68, para 4.120  (Telecommunications)  
 
The report  states that "Licensed operators may enter freely into agreements related to 
interconnect ions and value -added services. Approval by NATCOM is not required for 
interconnection agreements, except those involving a foreign public telecommunications operator."  WT/TPR/M/303/ Add.1  
 
- 16 - 
 
  Answer  
 
The Authority will hold further consultation and revert.  
 
China Page 22, Para 2.35  
 
"Several reforms were also implemented in areas relating to, inter alia , business taxation, 
investmen t policy and promotion, business registration, and in the tourism sector. " 
 
China Question 5  
 
Please introduce the basic information and concrete policies of these reforms.  
 
Answer  
 
The Authority will hold further consultation and revert.  
 
Page 23, Para 2. 37 
 
"Since its previous TPR, Sierra Leone has taken steps to streamline the pro cess for business 
registration."  
 
China Question 6  
 
To what extent  have the measures facilitated the economic development of Sierra Leone, and how 
about their overall effect?  
 
Page 22 Paragraph 2.35 Question 4  
 
Answer  
 
The Corporate Affairs Commission has streamlined the process of incorporating a Company. All 
companies are incorporated at a single window operated by the Commission in partnership with 
the national Revenue Authori ty (NRA), Freetown City Council (FCC) and the National Social and 
Security Insurance Trust (NASSIT. Within 24 hours of submission of completed documents, a 
company is incorporated and registered and, issued its NASSIT and TIN numbers. In addition the 
Commi ssion has facilitated the reduction in cost of incorporating a company making it a flat fee of 
only Le250,000. Every fee relating to services offered by the Commissions stipulated in Schedule 2 
of the Company Regulation 2015 available on the Commissions we bsite:  http://www.cac.gov.sl . 
 
See World Bank Doing Business Ranking Report 2017 for improving in Sierra Leones Doing 
Business Indictor. Information relating to the process of incorporation of a company is available on  
http://www.cac.gov.sl . 
 
Companies (both local and foreign) can now be incorporated with a period of 24 hrs. The 
Commission signed a Memorandum of Understanding with both the National Revenue Authority 
and NASSIT for t he use of a combined incorporation i.e. Form AA (see R7 (1) Company 
Regulations 2015) which offers an opportunity for inventors to provide information to all three 
institutions at the same time (i.e. CAC, NASSIT and NRA). This has tremendously increased th e 
number of companies incorporated in comparison with previous years and only within a period of 
24 hours. Time and cost has been reduced in the process.  
 
Between 18  January 2016 and the 1  February, a total of 1163 local companies and 27 foreign 
companies have been implemented – making it 40% increase of number of companies registered 
in the presiding year. The increase in the number of companies in the aftermath of the Ebola 
epidemic is a pointer to the fact that the streamlined processes have a positive i mpact in Sierra 
Leone’s Doing Business Environment.  
 
China Page 37, Para 3.66  
 
"In 2011, First Step, a subsidiary of a U.S. -based non -profit agency, established a special 
economic zone (SEZ) near the main port of Freetown. The goal is to provide potential investors WT/TPR/M/303/Add.1  
 
- 17 - 
 
  with facilities where they have guaranteed access to the logistic support and the utilities they need 
to operate their business. Enterprises that locate in the SEZ are granted several incentives, 
including a perpetual duty exemption on imports an d exports, a three -year corporate tax holiday, 
and on -site government services including customs inspection, immigration, and business 
registration. The Government has also committed to allow investors in the SEZ to use international 
arbitration forums to resolve disputes that may occur b etween them and the Government."  
 
Question 7  
 
Does the government of Sierra Leone intend to establish more such SEZs in cooperation with 
enterprises from other countries? Will the government provide more preferential policy  measures 
in new SEZs?  
 
Answer  
 
The government of Sierra Leone intends to establish more SEZs at least one in each Region in the 
western Region, (Freetown); Northern Region, (Makeni); Southern Religion, (Bo) and Eastern 
Region, (Kenema).  
  
The Government w ill provide more preferential policy measures in the new SEZs through the 
Islamic Development Bank (IDB) grant project that will:  
 
 Review the 2012 SEZs policy to make it more private sector participatory and investor 
friendly  
 Develop the SEZs legislation  
 Development the SEZs Authority  
 
China Page 43, Para 3.95  
 
"Sierra Leone does not have domestic legislation on competition or anti -competitive practices. A 
Competition Policy and a Consumer Protection Policy have been approved by the Cabinet. Related 
laws are yet to be approved by the Cabinet and submitted to Parliament for enactment. The 
Ministry of Trade and Industry is in charge of regulating anti -competitive practices. The authorities 
indicated that it is not unusual for firms to use their dominant posi tion to manipulate prices. " 
 
Question 8  
 
Please briefly introduce the specific plan for the competition legislation, for example a timetable.  
 
Answer  
 
The Competition Law Bill is being reviewed by the Law Officers Department and the Consumer 
Protection is to be tabled by the Ministry of Trade and Industry in Parliament for enactment.  
 
China Question 9  
 
Please briefly describe the specific content of the Competition Policy approved by the Cabinet.  
 
Answer  
 
 Monopoly  
 Anti-competitive practices of businesses  
 Collusion  
 Mergers and Acquisition   
 
China Question 1 0 
 
Please introduce the legal basis for the Ministry of Trade and Industry to regulate anti -competitive 
practices.  
 WT/TPR/M/303/ Add.1  
 
- 18 - 
 
  Answer  
 
The Ministry of Trade and Industry is mandated to oversee all trade related acti vities. Cabinet had 
also mandated the formulation of the policies, bills and legislation.  
 
China Page 72, Para 4.149  
 
"The accountancy profession is regulated under the Institute of Chartered Accountants Sierra 
Leone Act of 1998. The legislation establish es the Institute of Chartered Accountants Sierra Leone 
(ICASL) as the body in charge of educating and training professional accountants ; establishing 
standards and disciplines for the profession; and promoting the collective interest of its members. 
Under the legislation, only firms and individuals licensed by the ICASL are authorized to conduct 
audits of private entities.  The public sector is regulated under the Audit Service of Sierra Leone 
Act. Eligibility criteria for membership include: a professional degree, three years of experience 
and passing qualifying examinations. " 
 
Question 11  
 
What are the ranges of " the public sector " and " the private entities " respectively? What criteria 
does the Act prescribe for the individuals and firms to provide audit se rvice to the public sectors? 
Does conducting audit of public sectors need to be examined and approved? Please provide 
relevant policy documents.  
 
Answer  
 
The Authority will hold further consultation and revert.  
  
China Question 12  
 
Does Sierra Leone  permit  Chinese accounting firms or Chinese professional accountants to provide 
services of audit, tax or consultation for Chinese enterprises in Sierra Leone , providing those 
enterprises invest in Sierra Leone ? If it does, please provide relevant policy document s. 
 
Answer  
 
The Authority will hold further consultation and revert.  
 
China Page 4, Para 6  
"The deficit was mainly financed from external sources. The current account deficit, however, 
improved to 15.5% of GDP in 2015 from 20.1% of GDP in the previous yea r, mainly on account of 
increased donor transfers for post -Ebola support and the reduction of services payments for 
expatriates. " 
 
Question 13  
 
In recent years, Sierra Leone’s debt situation has been improved with the joint efforts of the 
government of Sie rra Leone and the international financial institutions. What measures will be 
taken by the government to control the debt risks continuously as a follow -up?  
 
Answer  
 
Government will continue to conduct annual debt sustainability analysis to determine 
government’s ability to meet future debt service obligation without recourse to external 
imbalances. Government will also continue implement prudent borrowing practices by prioritizing 
grants and highly concessional loans.  
 
Question 14  
 
Under the circumstance  of controllable debt risk, will the government of Sierra Leone consider 
expanding its scale of debt? If so, what kinds of projects or sectors will be subject to the new debt -
financing?  WT/TPR/M/303/Add.1  
 
- 19 - 
 
  Answer  
 
Government will continue to borrow within the guided principle  of debt sustainability. In that 
regard, Government borrowing will be targeted towards the productive sectors of the economy.  
 
China Page 18, Table 4.1  
 
"Services sector: requirement to use services providers registered and located in Sierra Leone. 
Where there is no local entity, the foreign entity shall operate in partnership with a nationall y 
owned and registered company."  
 
Question 15  
 
Does Sierra Leone intend to further relax the access restriction and expand the openness of its 
service market to forei gn investment? If it does, please provide a brief introduction.  
 
Answer  
 
Sierra Leone prides itself as a haven for private sector investment and development. Key to its 
Agenda for Prosperity is the Private Sector as its engine for growth. Its Trade Policy focusses on 
optimization and creating an enabling environment for a wi n–win situation.  
 
Sierra Leone is open for business and encourages and attracts investments I its key growth 
sectors.  The Sierra Leone Local Content Agency Act 2016 promotes for utiliza tion of local goods 
and services where it is available and meets the requisite quality and standards.  
  
In line with best practices of openness, transparency and competitiveness, Sierra Leone does not 
impede or restrict companies from registering or settin g up in sierra Leone in fact it takes on 24 
hours to register a company and there are lots of incentives for companies to enjoy from doing 
business in Sierra Leone.  
 
China Page 20, Para 4.16  
 
"……established a Special Economic Zone (SEZ) with the goal of pr oviding potential investors with 
facilities with guaranteed access to the logistic support and the utilities necessary to operate their 
business. Enterprises that locate in the SEZ are granted various incentives, including……"  
 
Question 16  
 
Are there any se rvice enterprises operating in the SEZ? What are the access conditions? Is wholly 
foreign -owned, foreign joint stock or foreign participation allowed as a form of such enterprises?  
 
Answer  
 
There is no service Enterprises Operating in the SEZs at the momen t. 
 
 Access conditions will be embedded in the reviewed SEZs policy  
 There will be flexibility for an inclusive participation –i.e. wholly foreign – owned, foreign 
joint stock, etc. investments  
  
China Question 17  
 
Please specify the preferential policies fo r the enterprises operati ng trade in services in the SEZ  
 
Answer  
 
 Exemption from import and export duties  
 Corporate tax Holiday  
  
China Question 18  
 
What are the effects of the incentives available in the SEZ?  WT/TPR/M/303/ Add.1  
 
- 20 - 
 
  Answer  
 
There is a multiplier effect of more companies operating in the zones. Eg two companies (i.e. 
Africa Felix j uice and coffee mill) occupied the first step SEZ along Waterloo - Masiaka Highway . 
  
Several companies exit in the Sierra Leone, Gouji investment at Cline Town, Freetown  
 
EU Question 1 4 
  
Could Sierra Leone please provide explanation as to why approval is only required for those 
interconnection agreements involving a foreign operator, and how this requirement is compatible 
with the GATS disciplines, in particular with Article 5 of the G ATS Annex on Telecommunications?  
 
Answer  
 
The Authority will hold further consultation and revert.  
 
Summary, Para 23  
 
"Sierra Leone undertook few GATS commitments, and its actual regime on trade in services is 
relatively open. During the period under revi ew, Sierra Leone strengthened its legal framework on 
the banking and insurance industries through higher capital and reserves requirements. In the 
telecommunication subsector, the state -owned operator still has a de jure monopoly over 
fixed-line communicat ions. However, the international g ateway was liberalized in 2015."  
 
China Question 2  
 
Are the higher capital and reserves requirements a short -term measure or a long -term adjustment 
of Sierra Leone?  
 
Answer:  
 
The Authority will hold further consultation an d revert.  
 
China Question 3  
 
In view of the de jure  monopoly status of the state -owned operator over fixed -line communication, 
what areas of international gateway has Sierra Leone liberalized?  
 
Page16, Para 1.18  
 
"China, Belgium, Germany and the United St ates are among Sierra Leone's main investors. The 
ebola virus disease outbreak has contributed to reducing FDI inflows, and a number of investment 
projects were suspended. To support the recovery, the authorities are giving priority to the 
agriculture, min ing and infrastructure sectors in their i nvestment promotion programmes."  
 
Answer  
 
The Authority will hold further consultation and revert.  
 
Page 68, para 4.120 ( Telecommunications)  
  
The report states that "Licensed operators may enter freely into agreem ents related to 
interconnections and value -added services.  Approval by NATCOM is not required for 
interconnection agreements, except those involving a foreign public telecommunications operator."  
 
EU Question 14  
  
Could Sierra Leone please provide an explanation as to why approval is only required for those 
interconnection agreements involving a foreign operator, and how this requirement is compatible 
with the GATS disciplines, with Article 5 of the GATS Annex on Telecommunications?  
 WT/TPR/M/303/Add.1  
 
- 21 - 
 
  Answer  
 
There is no di stinction made between operators in so far as interconnection agreements are 
concerned.  
 
Sections 25(2), 26(a), 47, 48, 49 & 50 of the Telecommunications Act, 2006 (As Amended) inter 
alia provides for  Interconnection Agreements to be executed between and a mong  local and/or 
Foreign -based Public Telecommunications Service Providers (PTSP).  
 
Interconnection is a right  that avails all  PTSP; (Foreign & Local) in a non -discriminatory and 
exclusionary manner.  
 
Parties to an Interconnection Agreement should submit  copies of same to the Commission for 
approval (NATCOM) clearly spelling out the  terms and conditions of same. (tariffs, facilities, etc.)  
Disputes resulting from Interconnection Agreement  should be  forwarded to the Commission for 
hearing and determination . 
 
The Commission may accept or amend  an Agreement for Interconnection if it deems fit; for 
example, if there is proof of any exclusionary or discriminatory conduct on the part of either the 
local or foreign based service provider.  
 
Page 6 8, para 4.126 (Po stal services)  
  
The report states,  "The state -owned Sierra Leone Postal Services Limited (SALPOST) is responsible 
for providing universal service."  
 
EU Question 15  
  
Could Sierra Leone clarify which services fall within the scope of universal services and  how it 
compares with the services reserved to SALPOST?  
 
Page 6 8, para 4.127 (Postal services)   
 
The report states that " In 2012, the authorities established the Postal Services Regulatory Agency, 
to license and regulate the operation of postal services… T he operation of any postal service is 
subject to a licence issued by the Executive -Director. Only nationals and registered corporate 
bodies are eligible to apply for a licence."  
 
Answer  
 
The Authority will hold further consultation and revert.  
 
Page 68, pa ra 4.126 (Postal s ervices)  
  
The report states that  "The state -owned Sierra Leone Postal Services Limited (SALPOST) is 
responsible for providing universal service."  
 
EU Question 15  
  
Could Sierra Leone clarify which services fall within the scope of univer sal services and how it 
compares with the services reserved to SALPOST?  
 
Answer  
 
The Provision of the Universal Service is the commitment and mandate to handle, process, convey 
and deliver by post all types of Letters, Postcards, printed papers, newspaper,  books, Parcels and 
Expedited Mail items weighing up to 30kg to all parts of the Country irrespective of social or 
economic background compared to the exclusive right to collect or accept, process, convey and 
deliver letters, postcards and aerogrammes weig hing up to 2000 grams/2kgs.  
 WT/TPR/M/303/ Add.1  
 
- 22 - 
 
  Page 6 8, para 4.127 (Postal services)   
 
The report states that " In 2012, the authorities established the Postal Services Regulatory Agency, 
to license and regulate the operation of postal services… The operation of any postal s ervice is 
subject to a licence issued by the Executive -Director. Only nationals and registered corporate 
bodies are eligible to apply for a licence."  
 
EU Question 16  
  
The report mentions that the regulator "regulates the operation of postal services". Doe s it mean 
that courier services are not regulated? How does Sierra Leone define postal services (e.g. as in 
Central Product Classification (CPC))? If the regulator regulates all postal and courier services, 
could Sierra Leone please explain what provisions  and mechanisms are put in place to ensure the 
independence of the regulator? What are the criteria to be eligible to apply for a licence in addition 
to the obligation to be a registered corporate body?  
 
Answer  
 
The Postal and Courier Services Regulatory A gency established in 2012 has not been constituted 
and therefore regulatory activities on the post and private courier have not been effected.  
According to th e Designated Postal Operation, " Postal Services " means the services performed and 
facilities prov ided in connection with:  
 
 The collection, transmission and delivery by land, sea or air transportation of postal 
articles;  
 The production of postage stamps, philatelic products and the use of franking meter 
machines for prepaid postage charges; and  
 The acc eptance, transfer and payment of money from one place to another – 
commonly referred to as money ordering or money transfer.  
 
Page 70, para 4.143 (Maritime Transport)   
 
The report states that  "The Sierra Leone National Carrier (SLNC) was established in 201 2 as the 
sole national carrier. It is a joint venture between the Government (51% of the shareholding), and 
Four Handy Limited, a UK -based company (49%). Every shipper engaged in seaborne 
transportation in Sierra Leone is required to register with the SLNC . The SLNC has the right to 
carry out, at its discretion, the seaborne transportation of at least 40% of the total volume of 
cargo exported or imported into Sierra Leone, and to participate with an interest of up to 40% in 
the provision, operation and owne rship of any floating production, storage off -loading unit (FPSO) 
or floating storage off -loading unit (FSO). It may enforce this provision by requesting the 40% 
shareholding or the payment of a commission."  
 
The EU notes that in its GATS schedule (CPC 721 1-745), Sierra Leone committed to both market 
access and national treatment for mode 1 and 2 (cross border services and consumption abroad). 
Therefore, the provision of international maritime transport services by foreign operators should 
not be subject to  limitations.  
 
Answer  
 
The Authority will hold further consultation and revert.  
 
EU Question 17  
  
The EU is interested to know whether the government intends to amend this legislation taking into 
account its GATS commitments under modes 1 and 2 and its in tention to promote competition with 
the adoption of a law on competition.  
 
Answer  
 
No, because the Government and the people of Sierra Leone are keen to participate in the logistics 
of the cargoes leaving and entering into the country.  
 WT/TPR/M/303/Add.1  
 
- 23 - 
 
  EU Question 18  
  
The EU would like to know whether the above -mentioned limitations would also apply to 
containerised cargo or not.  
      
Answer  
 
No. It is clearly written in the amendment Act 2014, that SLNC Act applied only to cargoes shipped 
in bulk dry or wet.     
 
EU Ques tion 1 9 
  
What is the Government of Sierra Leone's view as to the scope of the article 4 of the SLNC Act? 
Does the Government consider that article 4 only covers specific cabotage activities? If so, could 
the government detail those cabotage activities? Co uld the authorities provide detailed information 
how this provision would be is implemented?  
 
Answer  
 
No. The government through SLNC does not intend to participate in any form of cabotage 
activities. However, SLNC only participate in FPSO and FSO for as f ar clause 4 is concerned.  
 
Japan : (Question:  Page 70, Paragraph 4.143)  
 
According to the report by the Secretariat, The Sierra Leone National Carrier (SLNC) has the right 
to carry out the seaborne transportation of at least 40% of the total volume of cargo  exported or 
imported into Sierra Leone, and to participate with an interest of up to 40% in the provision, 
operation and ownership of any FPSO or FSO. As these privilege measures towards SLNC could be 
inconsistent with National Treatment obligation with r egard to maritime transport services, 
services incidental to mining or other services, could Sierra Leone point out where these 
limitations are set out in its Schedule in GATS?  
 
Answer  
 
The WTO GATS provides that any member country may modify or withdraw a t any time from any 
commitment it has made. It should also be noted that many EU member states (including UK) and 
many leading developed or developing countries like the United States, Japan, India, Brazil, 
Canada and South Africa, have not and undertaken any specific commitment on cross border 
shipping activities and are therefore free according to the WTO GATS to maintain or introduce 
cargo reservation policies such as the SLNC Act of 2012 amended in 2014.  
 
The Cotonou Agreement does not affect the right of Sierra Leone to set its political choices and 
development priorities (article 34(1)). In addition it should be noted that its ultimate objective is 
to enable the ACP states to play a full part in international trade (article 34(2)). Finally the 
Cotonou Agreement maintains special treatment for the ACP Least Developed Countries (LDC), 
such as Sierra Leone (Article 35(3)).  
 
The SLNC Act 2012/2014 was passed and the SLNC was established to enable a local company to 
successfully participate in the internatio nal shipping market which is the ultimate objective of the 
Cotonou Agreement. Sierra Leone is a LDC with very little experience and know -how in the 
international shipping market. Without a cargo reservation policy such as the SLNC Act 
2012/2014, no local c ompany would have been able to develop into a successful international 
shipping company.  
 
The undertaking of the ACP states in the Cotonou Agreement to promote liberalization of maritime 
transport to this end apply effectively to the principle of unrestric ted access to the international 
maritime transport market on a non-discriminatory  and commercial basis, is conditional on the EU 
supporting through national and regional development strategies , the efforts of the ACP states to 
develop and promote cost eff ective and efficient maritime transport service with a view to 
increasing participation of ACP operators in international shipping services. We are not aware of 
any such supports received by Sierra Leone from the EU until today.  
 WT/TPR/M/303/ Add.1  
 
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  Provisions of the FPSO and  FSO are not part of the international maritime transport market being, 
shipping service, not dealing or not only dealing with transport, rendered to oil and gas industry 
within the territorial water, the exclusive economic zone, or the continental shelf o f Sierra Leone.  
 
Therefore, neither the WTO GATS nor the Cotonou Agreement applies  to such reservation as 
provided for in the SLNC ACT of 2012/2014.  
 
4. TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.2  Agriculture policies  
 
Page 48, paragraph 4.6    
 
The Secr etariat Report states that agriculture is usually given priority in the Government’s various 
development programs. In 2012, the Government started the Agenda for Prosperity to achieve 
middle income status by 2035. One of the pillars is aimed at achieving e conomic diversification by 
investing massively in agriculture. Could Sierra Leone clarify the specific initiatives that have been 
adopted to promote investment in the agriculture sector? What is the position of the government 
in incentivizing multi -nationa l companies to invest in Sierra Leone’s agricultural sector?   
 
Answer  
 
Specific incentives for investors in the agricultural sector have been identified in an incentive 
handbook developed by Government. The incentives provided in this handbook are currentl y being 
reviewed and updated copy will be provided soon.  
 
Questions based on Government Report (WT/TPR/G/303/Rev.1)  
 
5. SIERRA LEONE INTERNATIONAL TRADE RELATIONS  
5.1 Relations with the WTO  
  
Page 22, paragraph 5.4   
 
The Government report notes that Sierr a Leone’s cabinet approved the ratification of the WTO 
Trade Facilitation Agreement (TFA) in September 2016.  However, as of 25 January 2017, Sierra 
Leone has not notified the WTO that the TFA has been officially approved.  What legal steps are 
still neces sary for Sierra Leone to adopt the TFA into law?  Is a plan in place to expedite the formal 
approval process?  
 
US Follow -up Question 2  
 
When will Sierra Leone notify its Category A, B, and C commitments?  
 
Answer  
 
The Trade Facilitation Agreement (TFA) has been adopted by a Cabinet, conclusion, then tabled in 
the Parliament and is to be ratified in the coming weeks. Notification will be made as soon as the 
TFA is ratified by Parliament.  
 
5.8 Relations with the United States  
 
Answer  
 
It has been approved by C abinet and is awaiting Parliamentary ratification. Once ratified by 
Parliament we will proceed to do a national legislation.  
 
Page 23, paragraph 5.16   
 
The Government indicated in its report that it is preparing a national response strategy for AGOA.  
When does it expect to complete such an AGOA utilization plan?  
 WT/TPR/M/303/Add.1  
 
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  Answer  
 
The Government has commenced the process and this will be concluded within the prescribed 
timeframe (6 months).  
 
4. PRIVATE SECTOR DEVELOPMENT  
 
Page 17, Para 4.5 (Special Economic Zone (S EZ) a nd Export Processing Zone (EPZ)  
 
EU Question 20  
  
- What has been the impact of the SEZ and of the EPZ on FDI, employment, trade?  
- Are there any lessons learnt from the SEZ and EPZ experience, even if still recent, that could 
be interesting for the over all trade policy strategy/for customs?  
- To what extent are the industries (except mining and oil) that are located outside the SEZ 
put at a comparative disadvantage?  
 
Answer  
 
There are two FDIs in SEZ/EPZ in Sierra Leone; namely:  
 
Africa Felix Juice and Co ffee Mills  
 
- There are huge employment opportunities in the SEZ/EPZ in Sierra Leone.  
- At the moment, there is limited trade diversification than expected due to  limited investment 
opportunities (options) in the EPZ in Sierra Leone  
 
Industries located outside  the SEZ are put at a comparative disadvantage in that:  
 
- They have more/multiple taxes to pay i.e. import and export taxes, etc.  
- Unreliable energy/ electricity supply and thus high production cost.  
 
Lessons learnt:  
 
- At the moment, Sierra Leone is operating  more as EPZ than an SEZ. The reason is that the 
companies produce only for the export market and not for domestic market.  
- One of the lessons learnt is that there are lots of limitations to the operation of EPZ i.e. 
products not meant for domestic market.  
- There is limited investment opportunities due to policy limitations in the operation of the EPZ  
 
Questions from Canada  
 
Questions based on Report by the Secretariat (WT/TPR/S/303/Rev.1)  
 
III. Trade Policy and Practices By Measure: Export prohibitions, re strictions, and 
licensing  
 
Page 36 (p aragraph 3.59)  
 
The Secretariat Report and the report of Sierra Leone (par. 2.7) indicate that exports of raw logs 
have been banned since 2008. However, paragraph 4.34 of the Secretariat report also indicates 
that the b an, issued in 2007, was lifted in 2008 and reinstated in 2011. According to the 
Secretariat Report, the goal of the ban is to curb the over -utilization of forest resources and the 
loss of revenue caused by the expansion of illegal forest activities.  
  
1. Could Sierra Leone confirm the entry into force of the ban on the export of raw logs and the 
intended purpose of this ban?  
2. Could Sierra Leone explain the enforcement actions it takes to ensure that raw logs are not 
exported to other countries?  
3. How has Sierra L eone made other countries aware of its export ban on raw logs?  
4. What other actions is Sierra Leone taking to combat illegal logging and related trade?  
 WT/TPR/M/303/ Add.1  
 
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  Answers  
 
1. M.T.I. The purpose of the ban was to add value, reforestation and illegal logging. Value on 
the processing of timber before it’s exported.  
2. Evidence of letter attached from Chief of Staff office  
3. There was court action on the ban for defaulters  
4. Press releases from M.T.I. and Agriculture  
 
3. TRADE POLICY AND PRA CTICES BY MEASURE  
3.3.2  Standards and othe r technical requirements  
 
Page 39 (p aragraph 3.74)  
 
The report by the Secretariat indicates that Sierra Leone has not notified any technical regulations, 
or its national enquiry point under the WTO Agreement on Technical Barrier to Trade. The enquiry 
point is yet to be set up.  
 
5. Could the Sierra Leone indicate when it intends to adopt legislation to implement the TBT 
Agreement and notify that to WTO Members as per Article 15.2 of the TBT Agreement?   Canada 
also encourages Sierra Leone to establish an Enquiry  Point to facilitate communication between 
Members regarding technical regulations, including those outlined in Table 3.6 on page 40 of the 
report.  
 
Answer  
 
Within the next five year (5) category (b) under trade facilitation  
 
Page 39 (p aragraph 3.75)  
   
The report by the Secretariat indicates that in the absence of international standards on an issues 
(in the case of indigenous products for instance), the Sierra Leone Standards Bureau will develop 
its own guidelines.    
 
6. Could Sierra Leone provide an over view of its standard development process when international 
standards for a typical product do not exist?  Could Sierra Leone also provide an example of such 
standards?    
 
7.  When developing such standards, how would Sierra Leone’s regulators take into ac count the 
conformity assessment procedures for these products?   Would the regulators be required to 
conduct a regulatory assessment?   Are trade impacts considered?    
  
Page 40 ( paragraphs 3.77 and 3.78)  
 
The report by the Secretariat indicates that the pr ocess of developing a standard includes 
identifying the country’s needs and priorities; consultations with relevant stakeholders; 
development of the standard by the National Technical Committee and publication of the standard 
in the Gazette.  The standard is then implemented by the relevant industry.  A 60-day period is 
allowed for public comments before a standard can become a technical regulatory.   
 
8.  Canada would like to note that regulators should allow a reasonable time of at least 6 months 
between the final publication of a technical regulation and conformity assessment procedure and 
its entry in force so that suppliers can adapt.  Would Sierra Leone be in a position to confirm that 
this requirement is taken into consideration in the implementation of and conformity assessment 
procedures for a standard?  
 WT/TPR/M/303/Add.1  
 
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  4.  TRADE POLICIES BY SECTOR  
4.1  Agriculture  
4.1.3   Key subsectors   
4.1.3.3.  Fisheries  
 
Page 53 (Paragraph 4.38)  
 
The Secretariat Report and the report of Sierra Leone (par a. 2.10) indicate that IU U fishing is a 
challenge in the fisheries sector. The Secretariat Report and the report of Sierra Leone (par a. 
2.11) note that in a move to curb this practice, the authorities closed their international shipping 
registry to foreign -owned vessels in 2010.  
 
9. Could Sierra Leone indicate what other actions it is taking or planning to take in an effort to 
combat IUU fishing?  
 
Answer  
 
The Ministry of Finance and economic developme nt agreed that between 0. 5 – 1% of licenses 
collected can be used to augment surveill ance allocation.  
 
Sierra Leone has domesticated the FAO Port State Measures Agreement to deter, eliminate Illegal, 
Unreported and Unregulated (IUU) fishing.  
 
 
__________