RESTRICTED  
  
WT/TPR/S/285  
24 June 2013 
(13-3196) Page: 1/434 
Trade Policy Review Body   
 
  TRADE POLICY REVIEW  
REPORT BY THE SECRETARIAT  
COUNTRIES  OF THE CENTRAL  AFRICAN  ECONOMIC  AND  MONETARY  COMMUNITY  
(CEMAC)  
This report, prepared for the first Trade Policy Review of the CEM AC countries  that are Members of 
the WTO , has been drawn up  by the WTO Secretariat on its own responsibility. The Secr etariat 
has, as  required  by the Agreement establishing the Trade Policy Review Mech anism (Annex 3 of  
the Marrakesh  Agreement Establishing the World Trade Organization), soug ht clarification from the  
CEMAC  countries on their trade policies and practices.  
 
Any technical questions arising from this report may be addresse d to Jacques Degbelo, 
Catherine  Hennis -Pierre, Michael Kolie, Nelnan Koumtingué , and Faustin Luanga Mukela.  
 
Document WT/TPR/G/285 contains the po licy statement submitted by the CEMAC countries.  
 
Note: This report is subject to restricted circulation and press emb argo until the end of the 
first session of the meeting of the Trade Policy Review Body on the CEMAC countries  that are 
Members of the WTO . The report  was drawn up in French.  WT/TPR/S/285 • CEMAC  
 
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  TABLE OF CONTENTS  
SUMMARY  ................................ ................................ ................................ ........................  6 
1   ECONOMIC ENVIRON MENT  ................................ ................................ ........................  10 
1.1   Main features  ................................ ................................ ................................ ............. 10 
1.2   Recent economic developments  ................................ ................................ .................... 12 
1.3   Trends in trade and investment  ................................ ................................ .................... 13 
1.4   Outlook  ................................ ................................ ................................ ..................... 14 
2   TRADE AND INVESTMENT REGIMES ................................ ................................ ...........  16 
2.1   CEMAC's organizational and institutional framework  ................................ ........................ 16 
2.1.1    Central African Economic Union (UEAC)  ................................ ................................ ......16 
2.1.2    Central African Monetary Union (UMAC)  ................................ ................................ ......17 
2.1.3    The other inst itutions  ................................ ................................ ............................... 17 
2.2   CEMAC in practice  ................................ ................................ ................................ ......18 
2.3   Relations with the WTO  ................................ ................................ ............................... 21 
2.4   Regional trade agreements  ................................ ................................ .......................... 24 
2.4.1    African Union  ................................ ................................ ................................ .......... 24 
2.4.2    Economic Community of Central African States (ECCAS)  ................................ ............... 25 
2.4.3    Community of Sahel -Saharan States (CEN -SAD) ................................ ......................... 27 
2.4.4    Other preferential relations  ................................ ................................ ....................... 27 
2.4.4.1    Relations with the European Union  ................................ ................................ .......... 28 
2.4.4.2    Relations with the United States  ................................ ................................ ............. 28 
2.5   Investment regimes  ................................ ................................ ................................ ....29 
3   TRADE POLICIES A ND PRAC TICES BY MEASURE  ................................ ........................  32 
3.1   Measures directly affecting imports  ................................ ................................ ............... 32 
3.1.1    Registration  ................................ ................................ ................................ ............ 32 
3.1.2    Preshipment inspection  ................................ ................................ ............................. 32 
3.1.3    Custo ms declaration  ................................ ................................ ................................ .33 
3.1.4    Import duties and taxes  ................................ ................................ ........................... 34 
3.1.4.1    Common External Tariff  ................................ ................................ ......................... 35 
3.1.4.2    Other duties and taxes  ................................ ................................ .......................... 39 
3.1.5    Internal taxes ................................ ................................ ................................ .......... 40 
3.1.5.1    Value added tax  ................................ ................................ ................................ ....40 
3.1.5.2    Excise duty  ................................ ................................ ................................ .......... 40 
3.1.6    Concessions on duties and taxes  ................................ ................................ ................ 40 
3.1.7    Tariff preferenc es ................................ ................................ ................................ ....41 
3.1.8    Rules of origin  ................................ ................................ ................................ ......... 42 
3.1.9    Prohibitions, quantitative restrictions and licensing  ................................ ...................... 42 
3.1.10    Standards, technical regulations and accreditation  ................................ ..................... 44 
3.1.11    Sanitary and phytosanitary measures  ................................ ................................ .......44 
3.1.12    Contingency measures  ................................ ................................ ............................ 45 WT/TPR/S/285 • CEMAC  
 
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  3.2   Measures directly affecting exports  ................................ ................................ ............... 45 
3.2.1    Registr ation and customs procedures  ................................ ................................ ......... 45 
3.2.2    Export duties and taxes  ................................ ................................ ............................ 46 
3.2.3    Prohibitions, quantitative restrictions and licensing  ................................ ...................... 46 
3.2.4    Free zone regime  ................................ ................................ ................................ .....46 
3.3   Measures affecting production and trade  ................................ ................................ .......46 
3.3.1    Incentive measures  ................................ ................................ ................................ ..46 
3.3.2    Competition and price control  ................................ ................................ .................... 47 
3.3.3    Government  procurement  ................................ ................................ ......................... 48 
3.3.4    Protection of intellectual property rights  ................................ ................................ .....48 
4   TRADE POLICIES B Y SECTOR  ................................ ................................ .....................  51 
4.1   Agriculture, livestock, forestry and fishing  ................................ ................................ .....51 
4.1.1    Community agricultural policies  ................................ ................................ ................. 51 
4.1.1.1    The Common Agricultural Strategy (SAC) under CEMAC  ................................ ............. 51 
4.1.1.2    Regional food security programmes  ................................ ................................ ......... 52 
4.1.2    Policy by subsector  ................................ ................................ ................................ ..54 
4.1.2.1    Cotton  ................................ ................................ ................................ ................. 54 
4.1.2.2    Sugar  ................................ ................................ ................................ .................. 55 
4.1.2.3    Forestry sector  ................................ ................................ ................................ .....57 
4.1.2.4    Livestock products  ................................ ................................ ................................ 58 
4.1.2.5    Fishery products  ................................ ................................ ................................ ...59 
4.2   Mining and energy  ................................ ................................ ................................ ......60 
4.2.1    Petroleum and gas products and coal  ................................ ................................ ......... 60 
4.2.2    Energy  ................................ ................................ ................................ ................... 61 
4.3   Manufacturing sector  ................................ ................................ ................................ ..61 
4.4   Postal, telecommunications and broadcasting services  ................................ .................... 62 
4.4.1    Telecommunications and broadcasting  ................................ ................................ ........ 62 
4.4.1.1    Overview  ................................ ................................ ................................ ............. 62 
4.4.1.2    General regulatory framework  ................................ ................................ ................ 63 
4.4.1.2.1    Concessions, licences, market access and competition  ................................ ............ 63 
4.4.1.2.2    Community strategy  ................................ ................................ ........................... 64 
4.4.1.3    Analysis by service  ................................ ................................ ................................ 66 
4.4.1.3.1    Telephony  ................................ ................................ ................................ ......... 66 
4.4.1.3.2    Internet services  ................................ ................................ ................................ 66 
4.4.1.3.3    Universal service  ................................ ................................ ................................ 66 
4.4.2    Postal services  ................................ ................................ ................................ ........ 66 
4.5   Transport services  ................................ ................................ ................................ ......67 
4.5.1    Air transport services  ................................ ................................ ............................... 67 
4.5.2    Maritime transport and port services  ................................ ................................ .......... 69 
4.5.3    Land transport ................................ ................................ ................................ ......... 70 WT/TPR/S/285 • CEMAC  
 
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  4.6   Tourism  ................................ ................................ ................................ ..................... 71 
4.7   Financial services  ................................ ................................ ................................ .......72 
4.7.1    Insurance  ................................ ................................ ................................ ............... 72 
4.7.1.1    CIMA common regulations  ................................ ................................ ..................... 72 
4.7.1.2    Reinsurance  ................................ ................................ ................................ ......... 74 
4.7.1.3    Insurance brokers and agents  ................................ ................................ ................ 74 
4.7.1.4    Initiatives at CEMAC level  ................................ ................................ ...................... 74 
4.7.2    Banking sector  ................................ ................................ ................................ ........ 75 
4.7.2.1    Banking system  ................................ ................................ ................................ ....75 
4.7.2.2    Community regulations  ................................ ................................ .......................... 75 
4.7.3    Financial markets  ................................ ................................ ................................ ....76 
4.8   Professional services  ................................ ................................ ................................ ...77 
4.8.1    Inter-State general road haulage operator  ................................ ................................ ..77 
4.8.2    Profession of tax consultant  ................................ ................................ ...................... 77 
4.8.3    Accountancy professionals  ................................ ................................ ........................ 78 
4.8.4    Approved custo ms clearing agents  ................................ ................................ ............. 78 
REFERENCES   ................................ ................................ ................................ .................  80 
ANNEX  1: CAMEROON  ................................ ................................ ................................ .... 82 
ANNEX  2: CONGO  ................................ ................................ ................................ .........  180 
ANNEX  3: GABON  ................................ ................................ ................................ .........  253 
ANNEX  4: CENTRAL AFRICAN REPUBLIC  ................................ ................................ ...... 306 
ANNEX  5: CHAD  ................................ ................................ ................................ ............  369 
 
 
CHARTS  
Chart 3 .1 Distribution  of MFN duties by sector, 2013  ................................ .............................. 38 
Chart 3.2 Escalation of the rates of the CEMAC CET, 2013 ................................ ....................... 38 
 
 
TABLE S 
Table 1.1 Main socio -economic indicators, 2008 -2012 ................................ ............................ 11 
Table 1.2 Structure of CEMAC's exports and imports, 2007 -2010 ................................ ............. 14 
Table 2.1 Notifications made to the WTO by CEMAC member countries, 2006 -2013 ................... 22 
Table 2.2 CEMAC country exports to the United States under the preferential regime  ................. 28 
Table 2.3 Trends in various indicators relating to the business environment,  
2006 and 2012  ................................ ................................ ................................ .................. 31 
Table 3.1 Preshipment inspection companies and relate d fees  ................................ ................. 33 
Table 3.2 National tariff bindingsa ................................ ................................ ........................ 34 
Table 3.3 Structure of the CEMAC CET, 2013  ................................ ................................ ......... 36 
Table 3.4 Number of tariff lines with rates that differ from those of the CET, 2013  ..................... 36 
Table 3.5 Summary analysis of the CEMAC CET, 2013  ................................ ............................ 39 WT/TPR/S/285 • CEMAC  
 
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  Table 3.6 List of goods subject to non -tariff import restrictions  ................................ ................ 43 
Table 3.7 Subjects and terms of protection under the Bangui Agreement (1999)  ....................... 49 
Table 3.8 Trend in the number of patent and trademark applications from CEMAC member 
States filed with the OAPI, 2007 -2012 ................................ ................................ .................. 50 
Table 4.1 Matrix of the areas of intervention and priority actions of the PRSA/AC  ....................... 54 
Table 4.2 Sugar production and marketing in 2010  ................................ ................................ 55 
Table 4.3 Fishery sector indicators  ................................ ................................ ....................... 59 
Table 4.4 Trend in manufacturing value added as a percentage of GDP, 2000 -2010 ................... 62 
Table 4.5 CEMAC: telecommunications services indicators, 2005 and 2010  ............................... 63 
Table 4.6 Traffic statistics for the main airports in 2009  ................................ .......................... 67 
Table 4.7 Asphalted surface ratio for inter -capital road links in the CEMAC zone  ........................ 70 
Table 4.8 Trend in insurance premiums written, 2006 -2010 ................................ .................... 72 
Table 4.9 Network and capital of banks active as of 31 December 2010  ................................ ....75 
Table 4.10 Average global effective rates applied by the banks (April 2009)  .............................. 76 
 
 
BOXES  
Box 1.1 CEMAC Regional Economic Programme (PER) 2009 -2025 ................................ ............ 15 
Box 2.1 The new Community transit regime  ................................ ................................ .......... 20 
Box 2.2 The ECCAS preferential tariff, transit regime and rules of origin  ................................ ...26 
Box 2.3 The Treaty on the Harmonization of Business Law in A frica (OHADA)  ............................ 30 
Box 4.1 Pesticide registration in Central Africa  ................................ ................................ .......53 
Box 4.2 Regulation of the CEMAC common sugar market  ................................ ........................ 57 
Box 4.3 The CEMAC Telecom Package ................................ ................................ ................... 65 
Box 4.4 The Community air transport company Air CEMAC  ................................ ...................... 68 
 WT/TPR/S/285 • CEMAC  
 
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  SUMM ARY 
1. The Central African Economic and Monetary Community (CEMAC) is composed of six States, 
of which five are also Members of the WTO and form the subjec t of this report: Cameroon, 
the Republic of the Congo, Gabon, the Central African Republic (CAR), and Ch ad; Equatorial 
Guinea has observer status in and applied for accession to the WTO in 2007. All the CEMAC 
countries also belong to the Economic Community of Central African States (ECCAS), which has 
been established since 1983 but whose integration proc ess has been slow to take off.  
2. CEMAC represents a market of 42. 5 million people spread over more than 3 million km2, 
with huge natural resources. Nearly half the population live in Cameroon, which contributes 28.6% 
of regional GDP. The diversity of the climate  and the availabil ity of land make CEMAC a 
region  particularly suited to the development of agro -pastoral activities. With the exception of 
Chad, which suffers from the encroachment of the desert and the dr ying up of Lake Chad, 
water  and grazing land resou rces are abundant. Moreover, CEMAC is partly covered by the forests 
of the Congo Basin, the world’s second largest tropical forest zone, which provides exc eptional 
ecological diversity.  
3. The mineral wealth includes deposits of oil, natural gas , gold, diamon ds, manganese 
and uranium. For lack of private investment, there has been little or no exploitation of most of the 
natural resources, apart from oil and timber. With the exception of the CAR, crude petroleum is an 
important resource for the CEMAC countries : it accounts for 86% of Community exports (mainly to 
Europe and Asia); the Congo depends on it for 61% of its GDP, Ga bon for half, Chad for 40%, 
and Cameroon for nearly 10%. Timber is the Community’s second largest  export product 
and, apart from Chad, the  other four countries  derive substantial export earnings from it. Imports 
are dominated by manufactured goods and come mainly from  Europe, Africa and Asia. 
Intra-Community trade remains at a low level, even as compared with the levels achieved by other 
economic groupings in Africa.  
4. In fact, although it has been in existence for what will soon  be 20 years, CEMAC has not 
yet succeeded in promoting trade among  its members, despite the various texts adopted with a 
view to establishing a customs union, with, of course, its free trade area component. Apart from 
supply -side limitations, this situation can be attributed, in particular, to communication 
infrastructure (road, rail and port networks) that is either lacking or in poor condition, the 
haphazard supply of energy and its high cost, and financing which is scarce and therefore 
expensive. Admittedly, the CEMAC countries have made efforts to improve the business climate 
through their membership in the Organization for the Harmonization of Business Law in Africa 
(OHADA), simplifying certain procedures, and taking initiati ves to combat corruption. 
These  initiatives deserve to be continued, including in the area of trade facilitation, in order to 
attract the investment so badly needed by these countries to exploit t heir immense potential.  
5. The national investment regimes are open to foreigners, whose companies, sometimes in 
partnership with the State, enjoy, in many areas, monopolies or exclusive rights, which result in 
anti-competitive practices (including abuse of d ominant position) and the persistence of price 
controls. Despite the CEMAC Community Investment Charter of 1999, and the existence of 
Community provisions concerning exemptions, the States maintain numerous autonomous fiscal 
and customs privileges which co uld well be streamlined . 
6. The economies of the five countries have diverged in the last six years, partly as a result  of 
the impact of the global economic crisis, which reduced the external demand for some of their 
products. In the Congo, following a recess ion in 2007, economic growth has been strong (6.4% on 
average over the period 2007 -2011). Faced with the progressive depletion of its petroleum 
resources, Cameroon is in the process of diversifying its economy and its growth rate has been 
modest but steady  (3% on average over the period), which has enabled it to join the group of 
middle -income countries to which the Congo and Gabon also belong. The latter’s GDP grew at an 
average rate of 3% over the period, with a peak of 5.3% in 2008, followed by low growt h rates 
since 2009.  In the CAR, growth rates fluctuated only slightly about an annual average of 2.5%, 
while in Chad, despite its oil earnings, they were very weak (and indeed negative over two years), 
except in 2010 when strong growth of 13% pulled the a verage up  to 3% over the period; 
the two countries are still LDCs in which socio -politico -military conflicts (especially in the CAR) 
contribute to the continuing sluggishness  of the business climate, which already has to contend WT/TPR/S/285 • CEMAC  
 
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  with their landlocked statu s. In general, the five countries are experiencing income redistribution 
problems, ever more acute in Gabon.  
7. After reaching relatively high levels in 2008 and 2009 because of the food crisis, inflation 
was held below the Community norm of 3%, thanks to the  prudent  monetary policy of the Bank 
of Central African States (BEAC), the issuing institution for the common currency, the CFA franc, 
which is pegged to the euro. In 2009, the proportion of the CEMAC countries’ foreign exchange 
assets which the BEAC must deposit in the French Treasury’s ope rating account, in return for 
a guarantee of convertibility, fell from 65% to 50%.  
8. In general, international and regional trade is heavily  impeded by excessive taxation and all 
sorts of red tape. Goods i mport and export  procedures are still cumbersome and hence expensive. 
The resulting smuggling has a budgetary cost and poses a risk for public health, the products most 
often affected by fraud and counterfeiting being basic necessities such as sugar, flour, 
pharmaceutical  and petroleum products, and cement.  
9. At both Community and national levels, the trade regimes have not changed substantially 
since the CEMAC countries’ last Trade Policy Reviews (TPR), produced individually o r by pairs 
of countries between 2006 and 2007.  The main recent customs init iatives include the adoption 
of ASYCUDA++ by Cameroon, while ASYCUDA World is in process of being installed in the Congo. 
The initiatives to computerize customs and/or rapid clearance declarations are progressing. 
However, it sti ll takes an average of five to six days after registering the import declaration to get 
the goods released. When the other formalities are taken into account, the total time to import can 
be counted in weeks, especially in the case of goods in transit thro ugh the port of Douala for other 
countries, such as the CAR and Chad.  
10. With the exception of Gabon, the countries have maintained their preshipment inspection 
programmes. Being mandatory, this inspection increases the cost of the imports by the amount 
of the fees (especially the lump sum) charged to the importer, and duplicates (e ven amplifies) the 
work of the C ustoms. All the CEMAC countries that resort to it use reference values for customs 
valuation purposes. Moreover, the lack of interconnection between  the inspection companies and 
the customs administrations of these countries does nothing to facilitate the completion of the 
formalities. The introduction of the electronic cargo tracking note ( ECTN ) has worsened the 
situation, in terms not only of docume ntary requirements and fo rmalities but also of costs. 
In addition, in the absence of appropriate free circulation (libre pratique ) mechanisms, goods 
imported from third countries are subject to the procedures and the duties and taxes applicable at 
each cro ssing of the  Community’s internal borders.  
11. The CEMAC common external tariff (CET) has five rates (zero, 5%, 10%, 20% and 30%), 
with an average of 18.1% (without any notable change since 2006) and a coefficient of variation 
of 0.53, which indicates moderate  rate dispersion. Agriculture (ISIC, Rev. 2 definition) is the most 
protected sector (23.6%), followed by manufacturing (17.8%) and the extractive industries 
(11.2%). The products with the highest levels of tariff protection are clothing (30%), coffee and 
tea (28.6% on average), beverages and tobacco (27% on average), and fruit, vegetables and 
garden produce (26.4% on average). Moreover, a Community integration tax of 1% on imports 
from outside CEMAC, a Community integration contribution of 0.4% on imports from outside 
ECCAS, and a levy of 0.05% on imports from countries non -members of OHADA remain in force, 
not to mention the internal taxes governed by Community provisions, namely, VAT and excise 
duty. Fees are charged at national level for preshipment insp ection and the electronic cargo 
tracking note (ECTN ). Other taxes and levies are gov erned by national provisions.  
12. Overall, the CET is characterized by mixed escalation: ne gative from unprocessed to 
semi-finished products, and positive from the latter to fi nished products. This structure partly 
explains the tariff exemptions that the countries grant unilaterally to local production industries for 
some of their imports.  Moreover, since 2007, the countries have also adopted several suspension 
measures (relatin g to customs duties and taxes and/or internal taxes) in order to limit the rise in 
the cost of basic necessities. These various measures suggest that the Community taxation system 
needs to be reviewed, together with the duties and taxes applied nationally.    WT/TPR/S/285 • CEMAC  
 
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  13. Within the multilateral trading system, Gabon has bound all its  tariff lines, as compared 
with 62.3% for the CAR; 17.4% for the Congo; 15.2% for Chad; and 14.9% for Cameroon. 
The CET rates are higher than the rates bound by Gabon on 2,058  lines; by the Congo on two 
lines; and by the CAR on one line. Moreover, the Congo, the CAR and Chad apply other duties and 
taxes higher than those bound. Following its last TPR, Gabon took steps with a view to 
renegotiating its tariff concessions.  
14. Apart from Chad, the CEMAC countries have amended their government procurement 
legislation since their last TPRs. In the case of Cameroon, the creation in 2012 of a Ministry 
dedicated entirely to government procurement is expected to imp rove the award procedures. 
This could le ad to a reduction in the proportion of contracts being awarded under private 
agreements, which sharply increased between 2010 and 2012. With respect to the WTO’s 
Plurilateral Agreement on Government Procurement, Cameroon remains an observer, while the 
other CEMAC countries are neither members nor observers.  
15. The CEMAC countries all belong to the African Intellectu al Property Organization, 
which  offers them a legal framework for the protection of intellectual property rights.  However, 
because so few resourc es are being devoted to raising awareness of intellectual property rights 
and combating infringements, imports of counterfeit products, including drugs for use in human 
and veterinary medicine and phytopharmaceuticals, are flooding the domestic markets  of all 
the member States. Cameroon has introduced a "fee on intellectual works", levied by customs at 
the rate of 5% of the f.o.b. import value on media such as computer hard disks, mobile phones, 
printers and memory sticks, with a view to remunerating the ow ners of the related intellectual 
property rights.  
16. Aside from the passport and international transhumance certificate for cattle, the sanitary 
and phytosanitary measure and technical regulation regimes are not harmonized at Community 
level. At national leve l, these regimes are non -operational or serve only to collect fees for various 
institutions without effective inspection of the products. Mor eover, only Cameroon has 
an SPS enquiry point , which is in need of capacity building.  
17. The lack of an efficient sani tary and phytosanitary regime and heavy protection are two 
of the constraints on the development of the agricultural, livestock and forestry sector , 
which  nonetheless  provides most of the jobs and income for the pop ulation of these countries. 
The heavy pro tection is insulating the sector from international c ompetition and doing nothing 
to encourage the search for competitiveness. Development of the infrastructure  (especially rural 
infrastructure) and elimination of the numerous obstructive procedures at the  internal borders 
would increase intra -Community trade in agricultural products. In addition, the effective 
application of a sanitary and phytosanitary regime would have a positive effect on product quality 
and, in conjunction with a reduction in the large number of levies (including at exit), would help to 
promote agricultural exports. Such reforms would contribute to an improvement in rural incomes 
and to food security within the Community.   
18. Oilfield development is generally open to private, includin g fo reign, investment. 
However,  the other segments of the energy sector remain dominated by monopolies and price 
controls, which affect their performance and help to maintain a business environment with few 
attractions for private investment, generally to the detriment of  the manufacturing and 
services  sectors.  
19. Financial activities (including banking) are under the authority of the BEAC and governed by 
the common banking regulations stemming from the Convention establishing the Central African 
Banking Commissi on (COBAC), the supervisory body. The conditions of establishment are the 
same for foreign and domestic institutions. Air and rail transport is still dominated by a few foreign 
groups, but new local airline companies are beginning to offer their services. Despite the adoption 
of a Facilitation Programme, road transport and transit continue to suffer from regulations that 
remain bilateral, protectionist and obsolete.  WT/TPR/S/285 • CEMAC  
 
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  20. Altogether, for the five countries to realize their development ambitions and for regional 
integration within CEMAC to contribute to their success, they will need to pursue their various 
reforms, especially those of a structural nature, expand their multilateral commitments to 
the reformed regimes to ensure the latter's credibility and predictab ility, and effectively apply 
the measures collectively established at Community level. Such reforms would benefit from 
support provided under the Enhanced Integrated Framework in the specific case of LDCs and, 
more generally, under Aid for Trade. The refor ms would help to create a business -friendly 
environment and attract the investment which the countries so badl y need to exploit 
their immense  potential.  WT/TPR/S/285 • CEMAC  
 
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  1  ECONOMIC ENVIRONMENT  
1.1  Main features  
1.1.  The Central African Economic and Monetary Community (CE MAC) is comp osed of  six 
Central  African States, namely: Cameroon, Republic of the Congo, Gabon, Equatorial Guinea, 
Central African Republic, and Chad. Its main mission is to promote peace and the harmonious 
development o f its member States by establishing an economic union and a mon etary union. 
CEMAC represents a  market of 42.4 million people spread over an area of more than 3 million km2. 
Nearly half of this market (47.2%) is located in Cameroon, which is also responsible for a 
substantial proportion of  regional GDP ( 28.6%). More than half of the population live in  
rural areas.  
1.2.  CEMAC's economic potential is huge and quite diversified. The diversity of its climate 
(Sahelian in the north, hot and wet tropical in the south and along the coast) makes it a region 
suitable f or agriculture and livestock raising. It has huge resources in arable and grazing land. 
Moreover, CEMAC is partly covered by the forests of the Congo Basin, the world's second largest 
tropical forest zone, and altogether 46% of the country is forested. Its  subsurface resources 
include oil and gas fields and deposits of minerals  and precious metals  such a s gold, diamonds, 
manganese and  uranium.  
1.3.  The CEMAC countries form a heterogeneous whole, in terms of both level of development  
and economic structure. The C entral African Republic and Chad, landlocked countries of the 
subregion, belong to the "least developed country" (LDC) group and are also classified 
as "low-income countries" on the basis of the gross national income per capita.1 Cameroon, 
the Republic of the Congo and Gabon are middle -income countries, w ith Gabon in the upper tier. 
In economic terms, Gabon, with 3.6% of the Community's population, accounts for 19.3% of its 
GDP, while the Central African Republic, with 10.6% of the population, contributes o nly 2.5%  
to regional GDP.  
1.4.  This heterogeneity can also be observed in relation to the level of human development. 
According to the human development index (HDI), in 2011, Gabon and the Republic of the Congo 
were classified as average, ranking 106th and 137th, respectively, out of 187 countries or 
territories. Cameroon, Central African Republic and Chad, which were con sidered to be at a low 
level of  human development, were ranked 150th, 179th and 183rd, respectively.  
1.5.  The economies are, in general, very depend ent on the petroleum sector, with the exception 
of that of the Central African Republic. In 2011, subregional p roduction was estimated 
at 48.9 million tonnes of crude, i.e. 12% of African production2, the main producers being 
the Congo (30.5%), Equatorial Guinea (28.4%) and Gabon (25%). Petroleum accounts for 43.9% 
of the Community's GDP, 85.7% of its total exports, and 67.1% of i ts budgetary revenues. 
With the exception of Cameroon, petroleum is the main export of the producing countries, 
with its share of  total exports ranging from 84.7% in Gabon to 99.5% in Equatorial Guinea. 
The other  principal exports include forest products, minerals (aluminium and mangan ese), 
precious metals (gold and  diamonds), and cotton (see country annexes).  
1.6.  Apart from a sharp dec line in the contribution of the petroleum sector in 2009, linked with 
the fall in oil prices, the structure of regional GDP has not un dergone any major changes 
since 2008. The petroleum sector makes the biggest contribution, wi th an annual average 
of 37.6%  over the period 2008 -2012. Agriculture, livestock and related activities, despite their 
importance as the main source of employment, contribute only about 11%. This contribution 
appears to come mainly from Cameroon, Chad and the Central African Republic. The contribution 
made by manufacturing industry is relatively small (less than 7%) and appears to be driven 
by Cameroon. The services sector contributes to the formation of more than a quarter of GDP. 
Import duties and taxes account for more than 4% of the  subregion's GDP. This figure 
demonstrates how important these levies are for the public finances of the States concerned.  
                                                
1 World Bank online information. Viewed at: http://donnees.banquemondiale.org/income -level/LIC . 
2 Banque de France (2012).  WT/TPR/S/285 • CEMAC  
 
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  Table 1.1 Main socio -economic indicators, 2008 -2012  
 
2008  2009  2010  2011  2012  
Nominal  GDP (CFAF billion)  18,368.1 13,524.1 17,450.2 20,302.0 22,620.5 
Average inflation rate (%)  5.9 4.3 1.5 2.7 3.7 
Real GDP (at 1992 constant prices)  (per cent)  
Real GDP growth rate  4.0 3.1 4.3 4.6 5.6 
 Petroleum  6.2 5.6 2.8 0.9 6.7 
 Non-petroleum  3.5 2.5 4.7 5.6 5.4 
Contribution to real GDP growth       
 Petroleum sector  1.2 1.1 0.6 0.2 1.3 
 Non-petroleum sector  2.8 2.0 3.7 4.5 4.3 
Structure of GDP (GDP  at current prices)  (as a percentage of GDP)  
 Agriculture, livestock, hunting and fishing  10.6 12.9 12.2 10.6 10.2 
 Forestry  1.4 1.2 1.0 1.0 0.9 
 Petroleum  42.8 31.3 36.2 38.5 39.1 
 Manufacturing  6.4 7.9 7.1 6.4 6.1 
 Construction and public works  2.8 4.3 4.4 4.7 5.4 
 Tradeable services  20.1 23.3 20.9 19.8 19.5 
 Non-tradeable services  6.0 7.6 6.8 6.5 6.4 
 Other  5.7 6.6 6.7 7.9 8.1 
 Import duties and taxes  4.3 5.1 4.8 4.6 4.3 
Public finances  (as a percentage of GDP)  
Total revenue  32.3 26.4 25.9 29.1 29.5 
 Petroleum  23.6 15.9 16.6 19.7 19.8 
 Non-petroleum  8.7 10.4 9.3 9.4 9.7 
Total expenditure  21.2 27.9 25.2 25.5 27.9 
 Current  12.6 14.2 13.0 11.8 13.0 
 Capital  8.6 13.7 12.2 13.6 14.9 
Primary balance  12.9 0.2 2.9 6.0 5.5 
Basic balance  12.0 -0.5 2.3 5.6 4.8 
Overall balanc e, commitments -based, 
excluding  grants  11.1 -1.6 0.8 3.6 1.5 
External s ector  (as a percentage of GDP)  
Current balance (public transfers included)  6.5 -6.2 -4.6 -4.2 -5.5 
 External trade balance  36.5 19.6 25.8 28.7 28.8 
 Services balance  -11.9 -12.7 -14.6 -14.1 -14.4 
 Income balance  -19.1 -14.5 -16.6 -19.3 -20.7 
 Current transfer balance  1 1.3 0.8 0.6 0.8 
Capital and financial operations account  1.9 3.4 5.3 8.2 10 
Overall balance  6.2 -4.2 0.1 3.7 4.6 
For information       
Oil price (US dollars/barrel)  97 61.8 79 104 114.7 
Average exchange rate (CFAF/US dollar)  447.8 472.2 495.3 471.9 510.5 
Note:  The CEMAC aggregates include Equatorial Guinea, a coun try that is not a Member of the WTO but  
has observer status.  
Source:  CEMAC (2012), Rapport intérimaire de la surveillance m ultilatérale pour l'année 2012 et perspectives 
pour 2013, 24th edition,  December.  
1.7.  Thanks to the cancellation of the debt of some countri es (Cameroon, the Congo and  
Central  African Republic) under the enhanced HIPC initiative  and the flow of oil income, in  most of 
the countries ' external indebtedness remai ns at sustainable levels. Outstanding external debt is 
stable and estimated to have been 13% of regional GDP in 2012.  WT/TPR/S/285 • CEMAC  
 
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  1.8.  The CEMAC countries pursue common monetary and foreign exchange policies within the 
framework of the Central African Monetary Union (UMAC) . As members of the franc zone, they  
have maintained a monetary cooperation agreement with France since 19723, supplemented by an 
operating account agreement concluded in 19734. The Bank of Central African States (BEAC) is the 
issuing institution for the c ommon currency, namely, th e CFA (Financial Cooperation in  Central 
Africa) franc5. It is responsible for defining and conducting monetary policy, conducting foreign 
exchange policy, holding and managing  official foreign exchange reserves, and promoting the 
smooth functioning of the payment and settlement systems. Where monetary policy is concerned, 
its objective is to guarantee monetary stability through a low inflation rate and adequate coverage 
for the currency.6 For this p urpose, it uses two  types of inst ruments: refinancing policy and a 
policy of imposing reserve requirements.7 
1.9.  Under the common foreign exchange regulations, movements of capital in CFA francs 
between member States are free and unrestricted.8 The other countries of the franc zone are 
treate d on the same footing as the CEMAC countries, except in the c ase of transactions relating 
to gold, certain loans, borrowings and direct investments, and foreign securities, together with 
export operations and the repatriation of the earnings. With regard t o movements of capital 
outside the franc zone, administrative controls are applied to certain lending and borrowing 
operations and to  transactions involving foreign securities with a value of more than 
CFAF 10 million, for which a preliminary declaration m ust be made to the Ministry responsible 
for finance.9 
1.10.   Import and export operations with a value in excess of CFAF 5 million must be  domiciled 
with an approved bank; export earnings must be repatriated within 30 days of the date on which 
payment becomes due  and then transferre d to the BEAC within 30 days of  collection.  
1.2  Recent economic developments   
1.11.   Because of their low level of integration into the international capital markets, the CEMAC 
countries were relatively untouched by the financial crisis o f 2008. O n the other hand, they  
suffered the after  effects as a result of the fall in external demand  for their raw materials. Thus,  
after a modest performance in 2009, economic activity, supported by the non -petroleum sector, 
has recorded growth rates in real term s of more than 4% s ince 2010 (Table 1.1). In  2011,  the 
non-petroleum sector contributed 4.5 percentage points to the 4.6%  of growth in  real GDP. 
The economic expansion continued in 2012, with growth of 5.6% . This time, thanks  to 
increased  production, the p etroleum sector made a greater  contribution than in 2011 
(1.3 percentage points).  
                                                
3 Monetary Cooperation Agreement between the member States of the Bank of Central African States 
(BEAC) and France, signed at Brazzaville on 23 November 1972. Viewed at: 
https://www.beac.int/download/convbeacfr.pdf . 
4 The franc zone comprises the CEMAC member States, the Comoros, the member States of the 
West African Economic and Monetary Union (WAEMU), France, and Monac o. Monetary cooperation within the 
franc zone is governed by four basic principles: the French Treasury 's guarantee of unlimited convertibility, 
fixed parities, freedom of transfer, and the pooling of foreign exchange reserves. In return for this guarantee , 
the BEAC, the Central Bank of West African States (BCEAO) and the Central Bank of the Comoros are required 
to deposit part of their foreign exchange reserves with the French Treasury in their respective operating 
accounts. In 2009, the percentage of fore ign currency assets which the BEAC was required to deposit in the 
operating account fell from 65% to 50% (Banque de France (2012)) . 
5 Initially tied to the French franc, the CFA franc is currently pegged to t he euro at the fixed parity 
of: 1,000 CFA francs  = 1.52449017 euros (1 euro = 655.957 CFA francs). The exchange rate between the 
CFAF and other currencies is established automatically in accordance with the exchange rate between those 
currencies and the euro.  
6 The external currency coverage ratio, defi ned as the ratio of the BEAC's average stock of external 
assets to its average stock of liabilities with a term of less than one year, may not be less than or equal to 20% 
for three consecutive months (Article 11 of the statutes of the BEAC).  
7 Bank refina ncing is the BEAC's main mode of intervention. It is implemented by acting on the money 
supply or the interest rate. The reserve requirements vary from country to country depending on the bank 
liquidity situation.  
8 Regulation No. 02/00/CEMAC/UMAC/CM of 29  April 2000 harmonizing the foreign exchange regulations 
in the CEMAC member States.  
9 Where direct investment is concerned, any operation amounting to less than CFAF 100 million can be 
verified and executed directly by the commercial banks. Above this thr eshold, the investment must be declared 
to the Ministry responsible for finance. The same applies to the liquidation of direct investments made abroad.  WT/TPR/S/285 • CEMAC  
 
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  1.12.   Following relatively high levels in 2008 and 2009, linked to the food shortages from which 
the countries were suffering, in 2010 and 2011 inflation was h eld below the Communi ty norm 
of 3%. However, it rose to 3.7% in 2012, driven up by an increase in the prices of household 
consumer goods, particularly in Chad and the Central African Republic.  
1.13.   The subregion's overall budget balance, generally positive, recorded  a surplus 
of CFAF 696.5  billion in 2012, or 1.5% of GDP (as against 11.1% in 2 008). Following a sharp fall to  
CFAF 7,856.7 billion in 2009, public revenues increased strongly to  reach CFAF 13,289.2 billion 
in 2012, due to the increase in the price of crude. Meanwhile, to tal expenditure amounted 
to CFAF 12,592.7 billion. Due to basic infrastructure constructio n projects, particularly in  the 
Congo and Gabon, capital expenditure, largely on internal financing, more than doubled 
in five years and accounted for more than half of current expenditure in 2012.  
1.14.   Where multilateral surveillance10 is concerned, following  high levels of violation of the  
first-tier criteria (in particular, a record level of nine cases in 2009), the  situation improved in 2011 
and 2012.11 The only cases of violation recorded in 2012 had to do wi th the fiscal balance 
(violated  by Equatorial Guinea and the Central African Republic), and inflation (violated by 
Equatorial Guinea and Chad). Since 2008, no cases of violation of the criteria relating to public 
debt and the accumulation of arrears have been recorded. The multilateral surveillance system is 
due to be reformed in July 2013.  
1.15.   In the area of foreign trade, the current account balance (public transfers included) 
registered a deficit for the fourth year in succession, amounting to CFAF 2,465 billion in 2012 
(5.5% of GDP). This situation is linked with a deterioration in the s ervices and income balances. 
In fact, the CEMAC external trade balance is structurally in surplus. In 2012, the surplus exceeded 
CFAF 1 3,000 billion. On the other hand, the deficit in the balance of services grew by 62% 
between 2008 and 2012, to reach CFAF 6,491.4 billion. This worseni ng of the deficit appears 
to be attributable to the freight and insurance costs linked with increased imp orts of investment 
goods. Moreover, due to transfers of income derived from foreign i nvestment in the subregion, the  
deficit on the income balance worsened, reaching CFAF 9, 323.3 billion in 2012. Overall,  however, 
the balance of payments recorded a surplus  of more than CFAF 2,000  billion, thanks to the flow 
of foreign investment into the Community.  
1.3  Trends in trade and investment  
1.16.   The CEMAC countries are very dependent on international trade. Merchandise exports are 
dominated by raw materials. After a sharp f all in 2009, exports increased, on average, by 23%  
a year to reach CFAF 25,602 billion in 2012.12 Merchandise imports, driven largely by investment 
in the petroleum sector, progressed at a relatively slower pace (at an average rate of 17%  
per year), to reac h CFAF 12,594.9 billion. International trade in services is dominated by imports, 
mainly oriented towards the petroleum and mining sectors (see country annexes): the Community 
is a net importer of services.  
1.17.   Despite the establishment of the free trade area, the level of intra -CEMAC trade has 
remained low (Table 1.2). In 2010, for example, intra -Community trade accounted for 2.1% of the 
countries' total (including intra -Community) exports and 3.9% of imports. These figures are low 
compared with those for simi lar regional groupings such as WAEMU, where c ommunity trade 
accounted for 11.5% of imports and 15% of exports in 2010. This low level of intra -Community 
trade is partly attributable to the nature of the exports (mainly raw materials) and th e weakness of  
the countries' industrial fabric. Numerous non -tariff barriers and  failure to apply  certain 
Community provisions are other serious impediments to trade. Exp orts to Africa, in general, 
are also weak, compared with imports.  
                                                
10 In place since 2000, the multilateral surveillance system is based on four so -called "first -tier" 
convergence criteria: a positive or zero basic fiscal balance in relation to GDP; a n annual inflation rate of 
less than 3 %; a public debt ratio less than or equal to 70 % of GDP; and the non -accumulation of arrears on 
day-to-day management (Directive No. 01/00/ UEAC -064-CM-04 of 20 July 2000 concerning the establishment 
of multilateral surveillance of macro economic policies within the CEMAC member States).  
11 IMF (2012a).  
12 CEMAC (2012 a). WT/TPR/S/285 • CEMAC  
 
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  Table 1.2 Structure of CEMAC's exports and imports, 2007 -2010  
 Exports  
(as % of total exports)  Imports  
(as a % of total imports)  
Destination/Origin  2007  2008  2009  2010  2007  2008  2009  2010  
Africa  3.1 2.4 3.4 4.5 13.5 7.6 13.2 24.6 
 CEMAC  1.1 0.8 1.2 2.1 2.7 2.6 2.5 3.9 
Rest of the world  96.9 97.6 96.6 95.5 86.5 92.4 86.8 75.4 
Total 100 100 100 100 100 100 100 100 
Source:  AfDB, AU and UNECA, African Statistical Yearbook,  2009, 2010, 2011, and 2012 editions.  
1.18.   Foreign direct in vestment (FDI) inf lows as a percentage  of GDP are relatively high, as  
compared with the average for Sub -Saharan Africa. In 2011, they accounted for 7.6%  of regional 
GDP, as against an average of 3.2% for Sub -Saharan Africa.13 Investment is heavily concentrated 
in the countri es that have oil, such as the Congo and  Chad, where they accounted for  20.3%  
and 19.6% of GDP, respectively. At intra -Community level, there has been some investment by 
Cameroonian operators in the other countries.  
1.19.   Despite the adoption of a Community Inves tment Charter i n 1999 and the harmonization 
of customs and fiscal incentives (Chapter 2), not to mention the national incentive schemes, 
foreign investment in sectors other than the extractive industries has remained weak . 
Recurrent  political instability a nd a relatively unattractive business environme nt are partly to 
blame for this  situation.  
1.4  Outlook  
1.20.   In 2013, the economic situation is evolving within a relatively unfavourable international 
environment (in particular, an expected contraction in economic act ivity in the euro zo ne) 
and a subregional context marked by a fall in public investment and oil production. 
Hence,  according to  the BEAC's latest projections, there will be a slowdown in economic activity, 
with real GDP growing by 4.1%.14 The trend in the g eneral price level should be held at  2.7% , 
in conformity with the corresponding Community criterion.  
1.21.   In the long run, the outlook will depend on the implementation of the Regional Economic 
Programme ( PER), a development programme aimed at making the subreg ion an emerging 
integrated economic area by 2025 (Box 1.1). During the first five -year phase of this programme 
(2011 -2015), the aim will be to create a competitive environment in order to attract foreign 
investment. Among other things, this will involve th e effective establishment of a common market 
and the application of the Community provisions concerning free dom of movement for persons. 
An operational plan was approved by the Council of Ministers in December 2011. 
Its implementation should enable the sub region to achieve a d ouble -digit real growth rate 
by 2015, but f inancing, estimated to be over CFAF 3,000 billion, has not yet been secured.  
                                                
13 World Bank (2012).  
14 BEAC (2013), press release. Monetary Policy Committee , meeting of 22 March 2013. Viewed at: 
https://www.beac.int/download/cpm2203_2013.pdf  [22 April 2013].  WT/TPR/S/285 • CEMAC  
 
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  Box 1.1 CEMAC Regional Economic Programme ( PER) 2009 -2025  
Launched in 2009, the PER is designed to take advantage of the subregion's resources and  
potential with a view to turning it into an emerging economic are a. To this end, five engines of  
growth have been identified, namely: energy, agriculture and agro -industry, forest ry, livestock  
farming and fishing, and mining and metallurgy.  
The activities to be carried out during this initial phase have been grouped in the following 
four categories:  
▪ Governance and macroeconomic stability: this involves strengthening economic 
govern ance, introducing tax reforms, and improving multilateral surveillance. 
The Community also intends to reform government procurement, improve transparency 
and governance in the raw materials and extractive industries sector, and harmonize 
the legislative an d regulatory frameworks for the public finances with a view to reforming 
the tax system.  
▪ Common market and trade facilitation: at common market level, the Community intends 
to activate the existing provisions relating to f reedom of movement, approval 
of preferential regimes, and the right of establishment. Trade facilitation will involve the 
interconnection of customs administrations, the effective implementation of a Community 
transit regime, and the strengthening of facilitation measures at the borders an d along the 
road corridors.  
▪ Integration of physical infrastructure: the aim is to build priority road links, to open up the 
landlocked countries and to connect all the capitals with paved roads. Where energy 
infrastructure is concerned, the objective is to  interconnect the electricity networks and 
build hydroelectric dams. With respect to telecommunications infrastructure, it is planned 
not only to harmonize the legislative and regulatory frameworks but also to interconnect 
the networks and develop the opti cal fibre network. The development of rural and local 
authority infrastructure (feeder routes, electrification, cattle trails and markets, etc.) 
also falls within this category.  
▪ Economic infrastructure for supporting the pillars of growth: a strategic deve lopment plan 
will be established for each pillar of growth in order to strengthen the economic 
infrastructure and support services for these pillars. Common regional policies in the areas 
of electricity, transport, telecommunications and new information an d communication 
technologies will also be drawn up.  
The financing requirements for this initial phase of the programme are estimated at about 
CFAF 20,000 billion. More than half of this financing (56%) is expected to be provided by the 
private sector, 37.5 % should come from concessional resources, and 6.5% from trust resources. 
To mobilize this financing, CEMAC has adopted a strategy that begins with the mobilization of trust 
resources in order to carry out studies and the initial programmes. This should ma ke it possible 
subsequently to attract private capital. The Community integration tax would appear to be the only 
source of financing at CEMAC level; it is not even capable of covering the operating costs of the 
Commission. However, the concessional resour ces required cannot be expected to come entirely 
from the development partners.  
A solution suggested in the PER is to create a fund fed by a charge of US$3 per barrel on exported 
oil (CEMAC Emergence Fund ). This fund could contribute to the cofinancing of the projects or the 
acquisition of holdings in the companies.  
Source:  CEMAC (2009), CEMAC 2025: Vers une économie régionale intégrée et émergente , Programme 
Économique Régional, 2009 -2015. Volume 1: rapport d'étape . 
 WT/TPR/S/285 • CEMAC  
 
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  2  TRADE AND INVESTMENT REGIMES  
2.1  CEMAC's organizational and institutional framework  
2.1.  Central Africa has a long history of regional economic integration. In 1959, the Congo, 
Gabon, the Central African Republic and Chad launched the Equatorial Cu stoms Union. 
Cameroon  joined in  1962, and in 1964, at Brazzaville, the five countries signed the Treaty 
establishing the Central African Customs and Economic Union ( UDEAC ). UDEAC 's mission was,  
in particular, the creation of  a common market and the harmonization of its members' ec onomic 
and industrial policie s. Equatorial Guinea joined the Union in 1984.  
2.2.  From the outset, emphasis was placed on the promotion of intra -community trade and  
industrial cooperation. Thus, the countries adopted elements o f their common trade policy, in  
particular, a common external ta riff (CET), rules of origin, and a single tax on products of  
community origin. With a view to exploiting their complementarit y in the industrial sector, the  
countries adopted a specialization plan for well -defined sectors and a common investment 
convention  defining the rules for this industrial cooperation. However, the effective implementation 
of this system was to be beset with numerous difficulties. The CET was often distorted and the 
duplication of competing industries increased. Given the inadequacy of  the transport and  
communications infras tructure, intra -community trade remained at modest levels.  
2.3.  The creation of CEMAC in 1994 was intended to reinvigorate this integration process.1 
CEMAC  actually commenced its activities on 25 June 1999. It notified th e WTO on 21 July 1999 
under the  Enabling Clause.2 The Treaty establishing CEMAC was revised in 2008.3 
2.4.  To achieve its objectives, CEMAC has set up five insti tutions and several bodies. 
The institutions include: the Central African Economic Union (UEAC), the  Central African Monetary 
Union (UMAC), the Community Parliament, the Court of Justice, and the Court of Au ditors. 
Each of these institutions is governed by a convention. CEMAC's main decision -making bodies are: 
the Conference of CEMAC Heads of State, the UEAC Council of Minist ers (Council of Ministers), 
the UMAC Ministerial Committee (Ministerial Committee), th e CEMAC Commission, 
the Bank of Central African States (BEAC), the Development Bank of Central African States 
(BDEAC), and the Central African Banki ng Commission (COBAC).  
2.1.1   Central African Economic Union (UEAC)  
2.5.  UEAC, CEMAC's economic integration pillar, has the following objectives:  
• to strengthen the competitiveness of economic and financia l activities by harmonizing 
the rules which help to improve the business environment and govern business;  
• to ensure convergence on sustainable performance by coo rdinating economic policies 
and making national budgetary policies consistent with the common monetary policy;  
• to create a common market based on freedom of mo vement f or goods, services, capital 
and persons; and  
• To establish the coordination of national sectoral policie s, implement common actions and  
adopt common policies, particularly in the following areas: agriculture, livestock, fishing, 
industry, trade, tou rism, transport, Community land use and large -scale infrastructure 
projects, telecommunications, information and communication technologies, social dialogue, 
gender issues, good governance and human rights, energy, environment and natural 
resources, resear ch, education and vocational training.4 
                                                
1 Treaty of 16 March 1994 establishing CEMAC.  
2 WTO document WT/COMTD/N/13.  
3 The revised CEMAC Treaty was viewed at:  
http://www.cemac.int/TextsOfficiels/traite_revise_cemac.pdf . 
4 Convention governing the Central African Economic Union (UEAC), online information. Viewe d at: 
http://www.izf.net/upload/Documentation/JournalOfficiel/CEMAC2008/convention_regissant_UEAC_25062008.
pdf. WT/TPR/S/285 • CEMAC  
 
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  2.6.  The establishment of the common market should involve: the elimination of internal customs 
duties, quantitative restrictions on the entry and departure of goods, taxes with the equivalent 
effect and any other measure  with the equivalent effect capable of affecting transactions between 
member States; the establishment of a common trade policy  governing relations with 
third countries; the adoption of common rul es on competition applicable to  enterprises and to  
State aid ; the implementation of the principle of freedom of movement for workers, fre edom of  
establishment, freedom in the provision of services, freedom of investment and free movement of 
capital; and harmonization and mutual recognition of technical standards an d of approval  and 
certification procedures.  
2.7.  Initially, the Community intended to achieve these objectives in three five -year stages, 
ending in the establishment of the Economic Union in 2015.5 Despite some progress, in particular 
the launch of the free tra de area and the adoption of the CET, t he progress report on the 
first stage, drawn up in 2005, was rather mixed. A communiqué issued at the end of an ordinary 
session of the Conference of Heads of State acknowledged that the construction of the common 
market was experiencing "numerous distortions that are impeding the developme nt 
of intra-Community trade, both at the level of customs and fiscal instruments and at the level 
of the tariff and non -tariff regimes".6 In the face of these difficulties, it was dec ided to carry out an 
audit, which led to an Institutional Reform Programme (P RI).7 The programme resulted, among  
other things, in the revision of the CEMAC Treaty and in conventions governing the main 
institutions; in the transformation of the executive se cretariat into a commi ssion; and in the 
adoption of  a regional development programme (Chapter 1).  
2.1.2   Central African Monetary Union (UMAC)  
2.8.  UMAC aims to consolidate the achievements of monetary cooperation based on a common 
currency, the CFA franc, and a commo n central bank, the BEAC (Chapter 1, section 1.2). 
It is under the authority of the Ministerial Committee. In addition to e nsuring financial stability, 
it participates in multilateral surveillance by coordinating economic policies and bringing national 
budgetary policies into line with the common monetary policy.  
2.9.  CEMAC's multilateral surveillance system has been in place since 2000.8 It is based mainly on 
four so -called "first -tier" convergence criteria: a positive or zero basic fiscal balance in relation t o 
GDP; an annual inflation rate of less than 3%; a public debt ratio less than or equal to 70%  
of GDP; and the non -accumulation of arrears on day -to-day management.9 If these criteria are not 
met, the Council of Ministers may request the countr y concerned to implement an appropriate 
adjustment programme. However, the powers to impose sanctions are lim ited. The Council 
of Ministers can issue a communiqué accompanied by information on the situation in the country 
or publicly announce the withdrawal of any sup port from which the country might be benefiting. 
The sanctioning system has never been applied.  
2.10.   The harmonization and regulation of banking activities is the responsibility of the Central 
African Banking Commission (COBAC). In carrying out its mission, UMA C also relies on other 
specialized institutions, including the Central African Financial Market Supervisory Commission 
(COSUMAF), and the Central African Action Group against Money Laundering (GABAC).  
2.1.3   The other institutions  
2.11.   The other CEMAC institutions are  the Community Parliament, the Court of Justice and the 
Court of Auditors.  
                                                
5 Initial UEAC Convention.  
6 Final communiqué of the sixth ordinary session of the Conference o f CEMAC Heads of State, held in 
Libreville, Gabon , on 11 February 2005.  
7 CEMAC (2006).  
8 Directive No. 01/00/UEAC -064-CM-04 of 20 July 2000 on the establishment of multilateral surveillance 
of macroeconomic policies within the CEMAC member States.  
9 Where domestic arrears are concerned, items of expendi ture unpaid a fter 120 days are considered to 
be in arrears (Directive No. 01/01/UEAC -094-CM-06 of 3 August 2001 esta blishing the criteria and 
macro economic indicators for multilateral surveillance).  WT/TPR/S/285 • CEMAC  
 
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  2.12.   The establishment of the Community Parliament is provided for in Articles 2 and 4 of  the 
CEMAC Treaty. It is responsible for democratic oversight of the bodi es and institutions invo lved in  
the Community decision -making process. Its governing co nvention was revised in 2008 in  the 
wake of the institutional reforms. The Community Parliamen t was intended to consist of  
60 members, ten per State. Members are elected by direct universal suf frage under the conditions 
laid down by each State.  
2.13.   From 2000, the role of Community parliament was played by an inter -parliamentary 
commission. The Parliament was finally installed in the parliament  building in Malabo, 
Equatorial  Guinea, on 15 April 2010.  It consists of 30 members, five from each State.  
2.14.    The Court of Justice is responsible for ensuring observance of the law in the 
implementation of the CEMAC Treaty and the various conventions, while the Court of Auditors 
concerns itself with overseeing the  budgets and accounts of the ins titutions. Initially,  these  two 
courts had the status of chambers within a Community court of  justice established in  2000 
at N'Djamena in Chad. It was in 2008, in connection with the rev ision of  the CEMAC Treaty, that  
they b ecame courts and were reinforced with additional judges.  
2.2  CEMAC in practice  
2.15.   Whereas the monetary component of integration is operating effectively, there are still 
problems with regard to the free movement of persons, goods and services.  
2.16.   The free trade area  was, in principle, established in 1994 with the entry into force of a zero -
rated preferential tariff on intra -Community trade pl anned for 1998. In  practice,  it appears that 
there are problems with the free movement of goods, problem s exacerbated by the ab sence of  
"libre pratique ", i.e. free circulation of the goods once officially introduced into the Community. 
Community transit trade provisions are in force but so far applied only to a limited extent.  
2.17.   In principle, according to the CEMAC Customs Code, goo ds in transit benefit from the 
suspension of duties, taxes, prohibitions and other economic, fiscal or customs measures that may 
apply. Counterfeit publications and goods "bearing directly, or  on their packaging, marks  of a 
nature such as to lead a person to believe that they were manufactured or originated in  a member 
State or in a State with which a relevant agreement has been signed" are banned from transit 
(Articles 156 and 157 of the Customs Code). Goods in transit must be declared and must be 
covered by a bond valid in all the States. Where non -prohibited goods are concerned, instead of a 
bond it is possible to deposit the duties and taxes, which are refunded on presentation of a  
certificate  of discharge , issued by the consular authorities of the membe r States or by the customs 
in the country of destination.  
2.18.   The Customs Code distinguishes between ordinary transit, which is available to all users, 
and international transit, which is reserved for certain approved ca rriers. For ordinary transit, 
a detailed  declaration must be lodged and the goods must be examined under the same conditions 
as in the case of goods declared for release for consumption. Su bject to sealing formalities, 
a summary declaration may be lodged for goods shipped in containers. The oper ator must carry 
out the transit operation under the conditions laid down by the customs authorities, in parti cular 
as regards security, time limits and routes.  
2.19.   Trade is still much impeded by the excessive taxation of imports and the consequent 
smuggling. G oods traded within CEMAC are taxed at every border crossing and customs post, 
whatever the administrative procedure (including duty -free entry). The transit procedures are 
expensive, do not function well and are not accessible to all operators. This is dri ving a large 
proportion of inter -State trade into the hands of informal traders or smugglers, as evidenced by  
the low level of declared trade (Chapter 1, section 1.4).  
2.20.   Within the framework of the UDEAC  Regional Reform Programme, a transit procedure 
known a s "Central African Inter -State Transit" (TIPAC) was adopted in 1991.10 TIPAC resembles 
a framework agreement between the national customs authoriti es and the carriers involved 
in transit operations. The States undertake not to submit the transit operation t o special 
                                                
10 Libreville Memorandum of Understanding of 22 November 1 991. WT/TPR/S/285 • CEMAC  
 
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  authorization, to speed up the passage of the goods through ports and border posts, to relax road 
checks, and to define clearly the rules relating to security. In re turn, the carriers undertake to  
observe the transit conditions as laid down in th e CEMAC Customs Code. The TIPAC carnet was to 
constitute documentary evidence for goods in transit. Moreover, a telecommunications network 
was to be connected to the customs offices and enable the customs officers to trace the progress 
of the goods. Howeve r, the TIPAC system has never been implemented. A new transit procedure 
was adopted in 2010 (Box 2.1), but has not yet entered into force.  
2.21.   Being landlocked, Chad and the Central African Republic are very dependent on the 
Community transit system. More than  80% of their trade flows by volume transits through the port 
of Douala (Cameroon) from which CEMAC's main transit corri dors also depart, namely: three  
routes to Chad and two to the Central African Republic.11 Bilateral conventions define the transit 
condit ions along these corridors. In particular, they specify the number of c heckpoints and  the 
points at which the checks should be carried out. For example, there are officially only  three 
checkpoints between Douala and Bangui. In practice, there are numerous barriers at which 
unexpected and often illegal checks are conducted. As a transit country , Cameroon is confronted 
with the problem of "false transit", that is the fraudulent release for consumption of  goods initially 
declared for transit or exportation (se e country annexes).  
2.22.   In order to remove these obstacles and facilitate transit, a customs service interconnection 
project was initiated in 2009, as a priority chapter of the Central African Transit Facilitation and 
Security Programme  (FASTRAC). The aim of t he project is to interconnect the customs systems at 
three levels: by interlinking the customs offices alo ng the transit corridors; by  interlinking the 
customs services of the member States ; and by interlinking the  CEMAC  Commission, the customs 
services of  the member States, and the Inter -State Customs Academy (EIED). For the pilot phase 
of the project, transit routes along the Cameroon -Central Africa and  Cameroon -Chad corridors 
have been chosen.  
2.23.   To curb the proliferation of road checkpoints for goods and f acilitate transit, an inter -State 
cross-border corridor management committee was set up in 2006. Its mission includes 
"encouraging reduction of the costs associated with freight tran sport and the implementation 
of improved customs transit procedures". It i s composed of national representatives of the road 
transport industry and customs, together with representatives of the trade associations for carriers 
(BARC, GTC, BNF, BGFT) and forwarding agents. This committee is non -functioning.  
2.24.   At Customs Union level,  the Common External Tariff has been adopted but is subject  to 
numerous exceptions which the countries have granted themselves unilaterally (see  country  
annexes). In general, non -tariff barriers have not been harmonized.  
2.25.   Moreover, free circulation ( libre p ratique ), one of the cornerstones of the Customs Union, is  
not being implemented. In fact, goods imported from third countries and cleared in  a 
CEMAC  member country are taxed again when they cross the border of another country. 
As distinct from the case of  UDEAC12, the free circulation (or single entry) regime, which should 
make it possible to avoid this double taxation, is not clearly defined in the CEMAC texts; thus,  
there is no Community provision preventing double taxation. However, the introduction of  such a 
regime would help to  make trade flow more freely.  
                                                
11 The following routes lead to Chad: Douala -Yaoundé -Bertoua -N'Gaoundéré -Kousséri -N'Djam ena; 
Douala -Yaoundé -N'Gaoundéré -Touboro -Moundou -N'Djamena; and Douala -Yaoundé -Garoua -Figuil -N'Djamena. 
The two routes to the Central African Republic are: Douala -Yaoundé -Bertoua -Garoua -Boulai -Beloko -Bangui, 
and Douala -Yaoundé -Bertoua -Yokadouma -Berbérati -Bangui.  
12 In fact, the free circulation regime was established under UDEAC  (UDEAC Treaty of 1964). It was 
aimed at avoiding not only double taxation but also the levy ing of exit duties in the country of exportation. 
"Joint customs offices" were established to clear such goods, and a statistical scoring system applied when the 
goods crossed into the country of final consumption was to serve as the basis for the refundin g of the duties 
levied in the country of entry. The regime was very soon abandoned due to the difficulties linked with the 
transfer to the countries of final consumption of the duties levied at entry into the Community area.  WT/TPR/S/285 • CEMAC  
 
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  Box 2.1 The new Community transit regime  
Under the new Community transit regime, any operation declared under the Community transit 
procedure must be cover ed by security valid for all member States. The security must cover the 
whole of the debt that could be incurred if the goods were released for consumption in the country 
of departure. The security may consist of a cash deposit with the customs office of t he place 
of departure or a bond. The bond must be taken out in the country in which the security is 
provided and approved by its customs authorities.  
The regulations contain simplifications for operators who make regular use of transit. These  
measures incl ude the possibility of lodging general security, being exempted from security or being 
granted the status of an approved consignor or consignee. However, the measures are available 
only to operators established in one of the member States of the Community,  provided that they 
have not committed any serious or repeated infringements of the customs or  tax legislation.  
General security  is granted by the customs authorities of the  State in which the operator is  
established. It can be used within the limits of a reference amount, estimated as the debt that 
could be generated by the operator's Community transit operations in the course of one month. 
Depending on his standing, the operator can have the security reduced or even waived. Thus,  the 
security may be halve d if the operator can show that he has "sufficient experience with the use of  
the Community regime", and reduced to 30% if, in addition, he has achieved "a  high level of 
cooperation with the customs authorities". If in addition to satisfying these conditio ns, the  operator 
can show that he has "a mastery of transport" and "financial means sufficient to fulfil his 
commitments", he may have the security completely waived. However,  there  are some 
restrictions: security cannot be waived if the goods are deemed t o be sensitive. Nor can the 
security be reduced if the goods are rated as posing an increased risk  of fraud.  
The status of approved consignor or consignee  is granted by the CEMAC Commission at the 
proposal of the customs authorities of the country of estab lishment. The status of approved 
consignor allows the operator to ship his goods in Community t ransit without having to make a  
transit declaration or to produce them to the customs office o f the place of departure. It  is granted 
only to operators with gene ral security or for whom s ecurity has been waived, and  is valid only for 
operations starting in the country in which the authorization is granted. The  status of approved 
consignee enables the holder to receive goods in Community transit without having to p roduce 
them to the customs office of the place of destination. However, he  is required to inform the office 
of the arrival of the goods and to await its authorization before proceeding to unload them. 
It applies only in the State in which the authorization  is granted.  
A Transit Committee was set up in 2010.13 Composed of two representatives per member State, 
together with experts from the CEMAC Commission, this committee is responsible for: overseeing  
the correct application of the new transit regulations; a rbitrating in the event of  a dispute; making 
recommendations and issuing technical opinions on transit procedures and  security; and updating, 
at least once a year, the list of high -risk goods. The committee is non -functioning, as the new 
transit system is not yet in force.  
Source:  Regulation No. 07/10 -UEAC -205-CM-21 of 28 October 2010 adopting the regulations on the 
Community transit regime and the single security mechanism.  
2.26.   As the experience with the UDEAC  showed, and considering  the importance of the 
contribution made by duties to the national budgets, the success of such a system will depend on 
the effectiveness of the compensatory or revenue distribution mechanism. In fact, with free 
circulation, the countries without a coastline will depend almost excl usively on this mechanism 
to collect the customs duties they are owed. A compensatory mechanism for the losses linked with 
the free circulation of products of Community origin is already in place, but is not operational 
(Chapter 3). This mechanism could be  strengthened and extended to non -Community goods.  
                                                
13 Regulation No. 09/10 -UEAC -205-CM-21 of 28 October 2010 establishing a Transit Committee.  WT/TPR/S/285 • CEMAC  
 
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  2.27.   The free movement for persons is effective only in Cameroon, the Congo, 
the Central  African Republic and Chad. Gabon and Equatorial Guinea have cited security  reasons 
for restricting it. In  2005, the CEMAC  Heads of State adopted an Act guaran teeing free movement 
within the  Community for stays of less than three months.14 The Act is imm ediately applicable in  
the four countries already practising free movement and progre ssively applicable in the other  two. 
It recommends the implementation of a road map comprising 13 measures,  in particular: the 
establishment of a committee responsible for o verseeing the implementation of  the relevant 
Community provisions; the strengthening of police, customs and environmental c ooperation; the 
establishment of a centre for the collection of border data that can be consulted in real time; the 
effectiveness of freedom of movement for per sons belonging to certain socio -professional 
categories; the adoption of a common migration poli cy; and the strengthening of external border 
control procedures.  
2.28.   Some of the measures contained in this road map have b egun to be implemented. Thus,  a 
committee responsible for overseeing the implementation of the relevant Community decisions 
was set up in  2007 and is already functioning.15 In principle, a temporary measure, adopted 
in 2008, authorizes free movement for persons in the following categories, provided their stay 
does not exceed 90 days :16 members of the government and pers ons treated as such; me mbers 
of parliament; national and regional officials; teachers and res earch workers; students  duly 
enrolled or pre -enrolled in approved institutions; members of the liberal professions recognized by 
their respective national associations; duly mandated chi ef executives and senior managers and 
members of Community and national employers' organizations;  and investors. They  must be  in 
possession of a valid national passport. However, this  provision is effective only in  the four 
countries that already have free dom of movement for persons and is applicable only to  nationals of  
those countries.  
2.29.   Introduced in 2000, the Community passport (CEMAC passport) should help to facilitate 
freedom of movement. It confers on its holder the right to travel f reely within the ar ea without 
a visa. The CEMAC passport is not yet in circulation. Its specifications have been drawn up 
and forwarded to the States for validation, but only Cameroon has validated them.17 
2.3  Relations with the WTO  
2.30.   With the exception of Equatorial Guinea, all th e CEMAC countries are former contracting 
parties to the GATT 1947. However, they joined the WTO at diffe rent times: Cameroon, 
Gabon  and the Central African Republic acceded in 1995, Chad in 1996, and the Congo in 1997. 
Equatorial Guinea has observer status  and applied for accession on 19 February 2007.18 
The WTO grants "least developed country (LDC)" status to the Central African Republic and Chad. 
This makes them eligible for the Enhanced Integrated Framework (EIF).  
2.31.   The CEMAC countries are not parties to an y of the plurilateral agreements concluded under 
the aegis of the WTO. They grant at least MFN treatment to all their trading partners and have not 
been party to any dispute under the WTO as either complain ant or respondent. Cameroon 
and Chad were third pa rties in the disputes European Communities - Regime for the Importation, 
Sale and Distribution of Bananas  and United States - Subsidies on Upland Cotton , respectively.19 
2.32.   The CEMAC countries are not very active in notifying the WTO of their trade policies an d 
practices. The notifications made between January 2006 and March 2013 are listed in Table 2.1. 
The WTO's integrated database holds data on the MFN customs ta riffs between 2002 and 2012 for  
                                                
14 Additional Act No. 08/CEMAC -CCE-05 of 29 June 2005 relating to freedom of movement  for persons 
in the CEMAC zone.  
15 See Decision No. 99/07 -UEAC -070 U+042 -CM-16 of 18 December 200 7 establishing a  monitoring and 
evaluation committee within the context of free circulation in the CEMAC zone.  
16 Decision No. 02/08 -UEAC -CM-17 of 20 June 2008 listing the persons temporarily admitted to travel 
without a visa in the CEMAC zone.  
17 At present, Cameroon and t he Central African Republic are issuing national passports with references 
to CEMAC.  
18 On 5 February 2008, the WTO General Council set up a working party to examine 
Equatorial  Guinea's  application. When the present report was being drawn up, Equatorial  Guinea had not yet 
submitted a  memorandum on its foreign trade regime, and the working party had not yet met.  
19 For further information, consult the WTO's dispute settlement site. Viewed at: 
http://www.wto.org/french/tratop_f/dispu_f/dispu_f.htm . WT/TPR/S/285 • CEMAC  
 
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  all the countries, except for the data for Gabon in 2006. The import statistics, however, are  less 
complete, the most recent data being those for 2010 (Cameroon an d Central African Republic). 
No data have been communicated concerning Chad.  
Table 2.1 Notifications made to th e WTO by CEMAC member countries, 2006 -2013  
Agreement and provision  Country/entity  Reference  Date  
GATT 1994 - Regional agreements     
Article XXVIII:5 - Market access  Gabon  G/MA/218  12/11/2008  
Notifications of quantitative restrictions  Central African Rep ublic G/MA/NTM/QR/1/Add.12  03/05/2011  
Agreement on Agriculture     
Article 18 .2 - Absence of domestic support  Gabon  G/AG/N/GAB/3  13/07/2010  
Article 18 .2 - Absence of domestic support  Cameroon  G/AG/N/CMR/2  28/10/2011  
Article 18 .2 - Absence of export sub sidies  Gabon  G/AG/N/GAB/4  13/07/2010  
Article 18.2 - Absence of export subsidies  Cameroon  G/AG/N/CMR/1  28/10/2011  
Agreement on Implementation of Article VI of the GATT 1994  
Articles 18 .5, 32.6 and 12 .6 - Laws and 
regulations  Gabon  G/ADP/N/1/GAB/1  
G/SCM/N /1/GAB/1  
G/SG/N/1/GAB/1  26/10/2010  
Articles 18 .5, 32.6 and 12 .6 - Laws and 
regulations  Gabon  G/ADP/N/1/GAB/1/Corr.1  
G/SCM/N/1/GAB/1/Corr.1  
G/SG/N/1/GAB/1/Corr.1  17/02/2011  
Article 16 .4 and 16 .5 - Notification  Gabon  G/ADP/N/193/GAB  29/06/2010  
Article 16 .4 and 16 .5 – Notification  Central African Republic  G/ADP/N/193/CAF  04/08/2010  
Article 16 .4 and 16 .5 – Notification  Congo  G/ADP/N/193/COG  11/02/2011  
Article 16 .4 and 16 .5 - Notification  Chad G/ADP/N/193/TCD  31/05/2012  
Articles 18 .5, 32.6 and 12 .6 - Laws and 
regulations  Gabon  G/ADP/N/1/GAB/2/Corr.1  
G/SCM/N/1/GAB/2/Corr.1  
G/SG/N/1/GAB/2/Corr.1  10/03/2011  
Articles 18 .5, 32.6 and 12 .6 - Laws and 
regulations  Gabon  G/ADP/N/1/GAB/2  
G/SCM/N/1/GAB/2  
G/SG/N/1/GAB/2  03/03/2011  
Agreement on Customs Valuation (Artic le VII of the GATT 1994)  
Notification of Community (CEMAC) texts  Gabon  G/RO/N/65  03/08/2010  
Agreement on Import Licensing Procedures  
Article 7.3 - Regulations  Cameroon  G/LIC/N/3/CMR/3  25/09/2009  
Article 7.3 - Regulations  Cameroon  G/LIC/N/3/CMR/2  05/09/2007  
Article 7.3 - Regulations  Central African Republic  G/LIC/N/3/CAF/1  16/12/2010  
Agreement on Preshipment Inspection    
Article 5 - Regulations  Central African Republic  G/PSI/N/1/Add.12  26/04/2010  
Agreement on Subsidies and Countervailing Measures  
Absence of subsidy measures  Gabon  G/SCM/N/186/GAB  12/07/2010  
Article 25 .11 - No actions 
(countervailing  duties)  Cameroon  G/SCM/N/153/Add.1/Rev.1  11/10/2007  
Article 25 .11 - No actions 
(countervailing  duties)  Cameroon  G/SCM/N/144/Add.1/Rev.1  01/05/2007  
Agreement on Technical Barriers to Trade  
Annex 3C (Code of Good Practice)  Cameroon  G/TBT/CS/N/179  9/9/2009  
Article 10 .6 - Standards on hydraulic 
binders (cement)  Cameroon  G/TBT/N/CMR/8  12/8/2009  
Article 10 .6 - Standard on mixed 
propane/butane LPG bottle s Cameroon  G/TBT/N/CMR/6  19/11/2007  
Article 10 .6 - Characteri stics of tanks 
for the ro ad and rail transport 
of liquid  products  Cameroon  G/TBT/N/CMR/2  19/11/2007  
Notificati on - Detergent powders, 
various  products  Cameroon  G/TBT/N/CMR/5  19/11/2007  
Article  10.6 - Mandatory standards on 
reinforcing rods, welded mesh and ties  Cameroon  G/TBT/N/CMR/1  19/11/2007  WT/TPR/S/285 • CEMAC  
 
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  Agreement and provision  Country/entity  Reference  Date  
Article 10 .6 - Technical inspection and  
conformity of consumer products  Cameroon  G/TBT/N/CMR/3  19/11/2007  
Article 10 .6 - Standard on the label ling 
of pre-packaged food products  Cameroon  G/TBT/N/CMR/4 
G/TBT/N/CMR/7  19/11/2007  
Article 10 .6 - Environment Code  Central African Republic  G/TBT/N/CAF/10  2/11/2009  
Article 10 .6 - Price monitoring of basic 
commodities  Central African Republic  G/TBT/N/CAF/9  13/02 /2009  
Article 10 .6 - Protection of wildlife and 
regulation of hunting  Central African Republic  G/TBT/N/CAF/7  13/02/2009  
Article 10 .6 - Mining Code  Central African Republic  G/TBT/N/CAF/8  16/02/2009  
Article 10 .6 - Monitoring outbreaks 
of avian influenza  Central African Republic  G/TBT/N/CAF/6  19/01/2006  
Trade -Related Aspects of Intellectual Property Rights  
Contact point (Article 69)  Gabon  IP/N/3/Rev.11/Add.4  18/08/2010  
General Agreement on Trade in Services  
Articles III:4 and IV:2 ( contact point)  Centr al African Republic  S/ENQ/78/Rev.13  04/12/2012  
Article III:3 - Electricity Code  Central African Republic  S/C/N/444  04/06/2008  
Article III:3 - Regulation 
of telecommunications  Central African Republic  S/C/N/445  
S/C/N/446  04/06/2008  
Integrated Data Base ( IDB)  
Applied  tariffs, 2000, 2002 -2005, 
2007-2012 Gabon  G/MA/IDB/2/Rev.36  05/10/2012  
Applied tariffs, 2001  Cameroon  G/MA/IDB/2/Rev.36  05/10/2012  
Applied tariffs, 2002 -2012 Cameroon, Congo, 
Central African Republic, 
Chad G/MA/IDB/2/Rev.36  05/10/2012  
Imports, 1996 -2001, 2005 -2007 Gabon  G/MA/IDB/2/Rev.36  05/10/2012  
Imports, 1999  Central African Republic  G/MA/IDB/2/Rev.36  05/10/2012  
Imports, 2006 -2008 Congo  G/MA/IDB/2/Rev.36  05/10/2012  
Imports, 2000 -2010 Cameroon, 
Central  African Republic  G/MA/IDB/2/Rev.3 6 05/10/2012  
Source:  WTO,  Central  Registry  of Notifications.  Viewed  at: 
https://docs.wto.org/dol2fe/Pages/FE_Browse/FE_B_S006.aspx  [1 April 2013].  
2.33.   The five CEMAC countries that are  Members of the WTO each have a mission in Geneva. 
Where trade negotiations are concerned, they collectively belong to the following groups: ACP,  
African Group, G -90, and W52 sponsors. In principle, they coordinat e their positions with those of  
the other c ountries that are members of these groups. Depending on their trade interests, these 
countries also associate themselves with other groups. Thus, Cameroon and Congo are among the 
paragraph 6 countries20; the Congo is part of the G -3321; Chad and the Central African Republic 
belong to the least developed country (LDC) group; and Chad to the Cotton -4 (C-4) Group. The 
CEMAC members have not yet established a framework for the coo rdination of their positions in  
the WTO.  
2.34.   CEMAC has observer status within the WTO Co mmittee on Trade and Development.22 
However, since it is not represented in Geneva, it has difficulty in participating effecti vely in the 
activities of this C ommittee. The non -payment of contributions is another factor limiting the 
effective participation o f some of these countries in the activities of the WTO. The Congo, the 
Central African Republic and Chad used to be among the Members affected by "administrative 
measures", because of arrears in contributions accumulated over at least 30 years. In 2010, th ey 
accepted a  payment plan that rescheduled their arrears over several years.23 Since 2012, the 
Central  African Republic has again been affected by these measures.  
                                                
20 A group of 12 WTO Members with less than 35 % of non -agricultural products covered by legally 
bound tariff ceilings.  
21 Also called "Friends of Special Products", the G -33 is a group of 46 d evelopi ng countries, Members 
of the WTO, pressing for flexibility to enable them to undertake limited market opening in agriculture.  
22 UDEAC  already had this status within the GATT Committee on Trade and Development.  
23 WTO (2011).  WT/TPR/S/285 • CEMAC  
 
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  2.35.   At the WTO's E ighth Ministerial Conference in December 2011, Gabon was the only one  of 
the fi ve countries not to be represented.24 The statements of the delegatio ns at the plenary  
session reflected common as well as individual concerns. Thus, they  recalled the importance of 
the Doha Round, deplored the slowness of the negotiating process, and argue d for development 
issues to be taken into account in the negotiations.  
2.36.   Cameroon also asked for "the Aid -for-Trade initiative to b e given sufficient resources to  
enable the production capacity of the developing countries to be substantially improved while 
allowing for the introduction and strengthening of infrastructure conducive to the development of  
business and trade". The Central African Republic appreciated the implementation of the waivers in 
respect of generic medicines contained in the Agreem ent on T rade-Related Aspects of  Intellectual 
Property Rights ( TRIPS ) and supported the idea of ext ending the transition period in  favour of 
the LDCs. It also supported the decision on preferential treatment which could enable the LDCs to 
move towards gradual liber alization of the services sector. The delegation of Chad recalled the 
importance of the Sectoral Initiative in Favour of Cotton and requested action "to  strengthen the 
role of the CTD25 and to reinvigorate its work under its mand ate regarding the monitoring  of the 
application of the special provisions and special and differential treatment under the 
WTO agreements".  
2.4  Regional trade agreements  
2.4.1   African Union  
2.37.   The CEMAC countries are founder members of the Afric an Union (AU), successor to  the 
Organization of Afri can Unity (OAU).26 Launched at the Durban Summit on 9 J uly 2002, the  aims of  
the AU include accelerating the political and socio -economic integration of  the continent. For this , 
it relies on the African Economic Community (AE C) established by  the Treaty  of Abuja.  
2.38.   Created in 1994, the AEC is intended to lead to a m onetary and economic union on  a 
continental scale by 2034, the ultimate objective being to create a United States of Africa.27 
The integration process envisages, firstly, the strengthening of the mai n regional economic 
communities (REC), of which eight have been designated as pillars of the AEC.28 CEMAC  as an 
entity is not one of these pillars but is represented th rough the Economic Community of  Central 
African States (ECCAS).  
2.39.   The New Partnership for A frica's Development (NEPAD), adopted in 2001 at the Lusaka 
(Zambia) Summit, is an AU programme concerned with the relations between Africa and the 
international community.29 A number of NEPAD's activities and projects, which benefit from the 
support of the development partners, encourage regional integration, particularly through the 
development of transport, energy, water and sanitation infrastru cture and new communication and  
information technologies. Trade, including access to markets  for African products , has  been 
declared to be one of NEPAD's priority objectives.  
                                                
24 Online information. Viewed at:  http://www.wto.org/french/thewto_f/minist_f/min11_f/min11_f.htm.  
25 Committee on Trade and Development.  
26 The Charter establishing the OAU was signed on 25 May 1963. The Constitutive Act of the 
African  Union was adopted at the summit held in July 2000 at L omé (Togo). The Afr ican Union, which 
succeeded the OAU, was proclaimed on 11 July 2001 at Lusaka, Zambia , following ratification of the 
Constitutive Act by 44 of the 53 OAU member States.  
27 Accra Declaration. Viewed at: http://www.africa -union.org . All the CEMAC countries have now ratified 
the treaty. The Central African Republic and Chad ratified it in 1993, Cameroon  in 1995, the Congo in 1996, 
and Equatorial Guinea and Gabon in 2002 and 2007, respectively.  
28 The pillars of the AEC are: the Community of Sahel -Saharan States (CEN -SAD), the Common Market 
for Eastern and Southern Africa (COMESA), the East African Community ( EAC), the Economic Community 
of Central African States (ECCAS), the Economic Community of We st African States (ECOWAS), 
the Intergovernmental Authority on Development (IGAD), the Southern African Development 
Community  (SADC), and the Arab Maghreb Union (UMA).  
29 NEPAD online information. Viewed at: http://www.nepad.org/home/lang/en . WT/TPR/S/285 • CEMAC  
 
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  2.40.   In July 2003, the NEPAD Heads of State and Government Committee, the body responsible 
for its implementation30, adopted 27 projects for the Central African region. A regional coordination 
body wa s set up. This drew up a short -term action plan comprising 14 of the 27 projects. 
The follow -up of two of these projects is entrusted to CEMAC31, namely, the programme for the 
facilitation of transport along the Douala -Bangui and Douala -N'Djam ena priority c orridors, 
and the programme for aviation safety oversight in Central Africa (COSCAP).  
2.41.   The transport facilitation programme is aimed at giving th e landlocked countries 
(Central  African Republic and Chad) improved access to world marke ts, through the install ation of  
the necessary infrastructure and the elimination of certain barriers. One  of the principal objectives 
is to improve the transport supply chain along the main transit corridors, thereby  enabling these 
countries to access the port of Douala. Acco rding to a report by the United  Nations Economic 
Commission for Africa32, this project has begun to be imp lemented. COSCAP is intended to  
improve the safety of regional and international air links through civil administration capacity 
building. An action plan for the period 2008 -2015 was drawn up in 2007. The action taken includes 
the adoption, in 2012, of an ECCAS Community civil aviation code and the creation of the 
Regional  Civil Aviation Agency for Central Africa.  
2.42.   In 2003, the African Union also implemented  an African Peer Review Mechanism (APRM). 
This is a voluntary mechanism by means of which a country can submi t its policies and practices in  
the areas of democracy, governance, and socio -economic mana gement for review by a group of  
eminent Africans. At the  end of 2011, 29 African countries ( including three from CEMAC) had  
signed the memorandum of understanding.33 Cameroon and  the Congo signed the memorandum 
in 2003, thus becoming two of the first countries to sign. Gabon signed in 2011. So  far, none of 
these  countries has undergone a peer review.34 
2.4.2   Economic Community of Central African States (ECCAS)  
2.43.   The CEMAC countries are all members of the Economic Comm unity of Central African States  
(ECCAS), a subregional organization established on 18 O ctober 1983. In add ition to  the CEMAC 
countries, ECCAS includes Burundi and the Democratic Republ ic of the Congo (members of  the 
Economic Community of the Great Lakes Countries)35, as well as Angola and  Sao Tomé and 
Principe.  
2.44.   When ECCAS was established, its mission was to set  up a c ustoms union at the end of  
a 12-year period by, among other things, eliminating customs duties and taxes with an equivalent 
effect between member States; abolishing quantitative res trictions and other barriers to  trade; 
introducing a common external  tariff; and removing ob stacles to the free movement of  goods, 
services and capital and the right of establishment.  
2.45.   ECCAS commenced its activities in 1985 before entering upon a phase of inactivity starting 
in 1992, due to socio -political disturbances and armed conflicts in most of its member States. At  a 
meeting held in Libreville in 1998, the Heads of State undertoo k to give it new life. The  next year, 
four areas of priority activity were identified: the  development of the capacity to  maintain peace, 
security and stability; the development of physical, economic and monetary integration; the 
development of a culture of human integration; and the establishment of an autonomous financing 
mechanism.  
2.46.   Like CEMAC, ECCAS has a preferential tariff regime, a trans it regime, and its own rules of  
origin (Box 2.2). Its financing mechanism is also based on a levy on imports from third  countries.36 
This superposition of not necessarily identical tr ade regimes is not conducive to  the facilitation of 
trade in the region. In 2007, the ECCAS Heads of State and Government recognized that this 
                                                
30 In February 2010, this committee was renamed the NEPAD Heads of State and Government 
Orientation Committee (HSGOC).  
31 The follow -up of the implementation of the other 12 projects of the PACT/NEPAD/AC has been 
entrusted t o ECCAS.  
32 ECA (2011b).  
33 African Union (2012).  
34 Altogether, 14 countries have been reviewed by means of this mechanism.  
35 An original member, Rwanda left ECCAS in 2007 to join the East African Community (EAC).  
36 The Community integration contribution (CC I), which consists of a levy equal to 0.4 % of the customs 
value of imports from outside ECCAS . WT/TPR/S/285 • CEMAC  
 
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  overlapping was likely to lead to inconsistencies and duplica tion of effort, particularly in  financial 
terms. They invited the two institutions to  set up a steering committee to  determine w hat could be 
done to harmonize integration policies, programmes and instruments, with a view to  an eventual 
merger. The steering committee was est ablished in 2010. It  identified  and ranked the areas to be 
harmonized37 and identified  the measures needed to  achieve  harmonization.  
Box 2.2 The ECCAS preferential tariff, transit regime and rules of origin  
The origin criteria for the ECCAS countries are defined in a protocol annexed to the Treaty 
establishing ECCAS (Ann ex 1 to the Treaty establishing ECCAS38). They differ from those of 
CEMAC, particularly as regards the percentage of local value added for manufactured pr oducts, 
which must represent at  least 45% of the ex -factory price, as against 30% for CEMAC. 
This threshold can be reduced to  25% if the product is "of special importance", and 30% if the 
product is found to be in short supply. As with goods wholly produced within ECCAS, Commun ity 
origin is conferred only if  Community nationals form a majority of the manage ment of the 
enterprise and hold at least 30% of the capital.  
Although the ECCAS Treaty provided for the establishment of a free  trade area after a period 
of 8 years, it was only in 2004 that a corresponding action plan was adopted. According to this 
action  plan, the countries were to apply a zero -rated tariff to domestic produc ts and craft 
products from  1 July 2004, and progressively reduce the tariff on mining and manufacturing 
products until it  was completely eliminated on 1 January 2007. However, the int roduction of this 
regime would have been de facto confirmation of the existence of two preferential regimes for the 
CEMAC member countries. To avoid any conflict between regimes, a so -called "territoriality" 
principle was adopted. By virtue of this princip le, the CEMAC GPT would remain applicable to 
intra-CEMAC trade, whereas the ECCAS preferential tariff would be applicable to the rest of intra -
Community trade. This provision was to be in force during the transition period when the rules 
and procedures of the two regimes would be in process of being harmonized.  
As things stand, the ECCAS free trade area is not yet in effect. The harmonization efforts have 
made it possible to arrive at a consensus on a number of instruments. Thus, the rules of origin 
have be en harmonized and incorporated into the Community texts. A certificate of  origin based on  
the ECCAS model has been adopted as documentary evidence for the movement of Community 
goods (even though CEMAC continues to use its movement certif icate). For produc t approval, a  
standard dossier and procedures have been adopted. CEMAC has also set up an origin committee 
but the plan to establish national committees to receive approval applications has not yet been 
put into effect.  
Moreover, Community approaches have been identified, in particular, in the areas of 
countervailing duties and the common external tariff. On the basis of the CEMAC CET, an outline 
three -band ECCAS common external tariff has been proposed, namely:  
Basic necessities and capital goods for inves tment purposes (5%);  
Raw materials, intermediate goods and other capital goods (10%); and  
Daily consumer goods and luxury goods (20%).  
Intra-ECCAS transit is governed, in principle, by the Protocol on transit and transit facilities 
annexed to the ECCAS Tre aty. Under this Protocol, member States undertake to approve freedom 
of transit on their territory, not to levy any entry or exit duty on t ransit, and to take measures to  
simplify transit and warehousing procedures for the benefit of landlocked member coun tries. 
Goods in transit, together with the means of transport, must be co vered by security guaranteed 
by banks or appropriate institutions. The transit document is the Inter -African transit carnet 
(TIA Carnet (ECCAS)), which is valid, in principle, in all the member States. However, this regime 
is not yet in effect.  
                                                
37 These areas are as follows: freedom of movement for persons and goods; security; trade policy; 
transport; energy; food security; information and communication technologies; budgetary and monetary rules; 
integration financing mechanism; and environment.  
38 Treaty establishing ECCAS, online information. Viewed at: http://www.ceeac -
eccas.org/pd f/traites/ECCAS%20Treaty.pdf  [31 January 2013 ]. WT/TPR/S/285 • CEMAC  
 
- 27 - 
 
  2.47.   ECCAS is one of the eight Regional Economic Communities (RECs) designated by  
the African  Union as pillars for the implementation of the African Economic Community. Within  the 
context of  the rat ionalization of the RECs, at the initiative of the Subregional/Central Africa Office 
of the  Economic Commission for Africa (S -CAO/ECA), an expert group has been formed to study 
the harmonization of programmes and activities. In 2007, a consensus was reache d on the 
following instruments: rules and certificates of origin, approval procedures and  dossiers for the 
preferential regime, compensatory mechanisms, treatment of re -exports, and  the goods in 
international transit regime.  
2.48.   One of ECCAS's major achievemen ts is the establishment of a mechanism known as  the 
Council for Peace and Security in Central Africa (COPAX).  
2.49.   The ECCAS customs union has still to enter into effect.  
2.4.3   Community of Sahel -Saharan States (CEN -SAD)  
2.50.   Chad and the Central African Republic are memb ers of CEN -SAD, a community created on  
4 February 1998 at the initiative of six countries of the Sahel -Saharan region.39 Its main objective 
is to establish a "global economic union" on the basis of a development plan consistent with the 
national plans. Spec ifically, CEN -SAD aims to carry out common infrastructure projects in  the 
areas of transport and communications, development of trade between  the member  States, and 
the removal of barriers to the free movement of goods, commodities  and services.  
2.51.   It is Afri ca's largest regional economic community, in terms of both GDP and the population 
and number of the member countries. At present, it is composed of 28 countries. Like ECCAS, 
CEN-SAD is one of the eight pillars of the African Economic Community. However, it s progress with  
economic integration has been limited or indeed non -existent where the trade chapter  is 
concerned.  On the other hand, all the members participate in other regional economic 
communities such as  WAEMU and COMESA, which are at a relatively mor e advanced level  
of integration.  
2.52.   In accordance with its Treaty, in April 1999 CEN -SAD established a regional bank known 
as the Sahel -Saharan Investment and Trade Bank (BSIC). Its initial capital of €250 million was 
entirely subscribed by member States.40 Libya is the largest shareholder with 45% of the capital, 
and Chad and the Central African Republic hold 5% each. It has branches in a dozen member 
countries (including Chad and the Central African Republic). The BSIC engages in all banking, 
financial and commercial activities, including those relating to the financing of foreign trade 
and investment projects.  
2.53.   CEN-SAD is at the origin of the African Great Green Wall I nitiative (AGGWI), a project to  
build a green barrier to protect against the effects of climate c hange and  desertification. More  
than 7,000 km long and 15 km wide, by 2020 the green wall shoul d have linked the  west coast of  
Africa (Dakar) with the east coast (Djibouti), pass ing through the  following  11 countries: Senegal, 
Mauritania, Mali, Burkina Faso, Niger, Nigeria, Chad , Sudan, Eritrea, Ethiopia, and  Djibouti. 
The implementation  of the wall at the level of each ind ividual c ountry is entrusted to  national 
entities. The Pan -African Agency of the Great Green Wall , based  in N'Djamena (Chad), was set up  
in 2010 to coordinate actions, monitor and assess activities, and mobilize resources.  
2.4.4   Other preferential relations  
2.54.   In general, t he CEMAC countries are eligible for the Ge neralized System of 
Preferences  (GSP) regimes of the developed countries and some developing cou ntries. On the 
other hand, only  Cameroon participates in the Global System of Trade Prefere nces among 
Developing Count ries (GSTP).  
                                                
39 Burkina Faso, Libya, Mali, Niger, Sudan and Chad.  
40 In 2008, the capital was increased to €500 million. Viewed at: http://www.bsicnet.com . 
[31 January  2013].  WT/TPR/S/285 • CEMAC  
 
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  2.4.4.1   Relations with the European Union  
2.55.   Apart from the GSP, the CEMAC LDCs (Central African Repu blic and Chad) are eligible for 
the European Union's "Everything But Arms" initiative, which allow s them to export everything but  
arms to the EU duty -free and ex -quota.  
2.56.   Moreover, the CEMAC countries are participating in the negotiation of the Economic 
Partnership Agreement (EPA) between the ACP States and the European Union, in place of  the 
Cotonou Agreement whose trade chapter expired at the end of 2007. As distinct from previous 
agreements, the EPAs must be compatible with WTO rules. The eve ntual tariff preferences are 
in process of being negotiated by the ACP countries within existing regional integration initiatives 
and will be granted on a reciprocal b asis. 
2.57.   In Central Africa, the negotiations are being conducted within the CEMAC framework 
extended to include Sao Tomé and Principe and the Democratic Republic of the Congo. A roadmap 
defining, among other things, the timetable for the negotiations and the topics to be dealt with 
was signed by the two parties at Brussels in July 2004. The negoti ations are still continuing. 
In order to benefit from the trade preferences that it riske d losing with the expiration of  
the Cotonou Agreement, Cameroon initial led, in 2007, and then signed, in 2009, an interim EPA 
with the EU. This agreement has not yet been ratified. Moreover, Cameroon has officially 
requested the postponement of the dismantling of its tariff s, which should have begun 
on 1 January 2010.  
2.4.4.2   Relations wit h the United States  
2.58.   Proclaimed in October 2000, the African Growth and Opp ortunity Act (AGOA) is  a 
United  States government initiative aimed at further opening  up the United States market to  
products from a number of countries in Sub -Saharan Africa. Its ob jective is not only to expand and 
diversify trade between the United States and Sub -Saharan Africa but also to give the countries 
incentives to open up their economies and move in the direction  of a market economy. Countries  
are eligible if they are determ ined to have established, or are making continual progress toward 
establishing the following: market -based economies; the rule of law and poli tical pluralism; 
elimination of  barriers to United States trade and investment; protection of in tellectual propert y; 
efforts to  combat corruption; policies to reduce poverty and increase the availability of health care 
and educational opportunities; protection of human rights and wo rker rights; and elimination of  
certain child labour practices.41 
2.59.   At present, Cameroon, the Congo, Gabon and Chad are eligible for the AGOA. The Act is in 
force until 2015 but the list of eligible countries is revised every year  to reflect conformity with the  
admission criteria.42 
Table 2.2 CEMAC country exports to the United States under the preferential regime  
(US$ thousand)  
 Exports in 2006  Exports in 2011  
 
Total to the 
United States  (% of total to  the 
United  States)  Total to the 
United States  (% of total to the 
United States)  
 Under 
AGOA  Under 
GSP Under  
AGOA  Under 
GSP 
Cameroon  223,517 68.2 0.3 322,219 42.6 11.3 
Congo  3,045,473 25.4 0 2,376,790 81.4 0 
Gabon  1,330,984 96.9 0 4,432,129 10.8 0 
Equatorial Guinea  1,718,077 n.a. 90.7 1,189,911 n.a. 0 
CAR 4,295 n.a. 0 6,034 n.a. 0 
Chad 1,904,713 80.4 8.7 3,188,885 93.8 0.8 
n.a. Not applicable . 
Source:  US International Trade Commission (Mirror  Statistics). Viewed at:  http://dataweb.usitc.gov . 
                                                
41 AGOA o nline information. Viewed at : http://agoa.gov . 
42 The Central African Republic was removed from the list on 1 January 2004.  WT/TPR/S/285 • CEMAC  
 
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  2.60.   Table 2.2 shows the exports from the CEMAC countries to the Un ited States between 2006 
and 2011 (mirror statistics). The proportion of exports benefiting  from preferences under 
the AGOA is  declining in Cameroon and Gabon and rising in Chad and the Congo. Most of these 
exports would appear to be hydrocarbons.  
2.61.   Cameroon  and Chad are also eligible for the Third-Country Fabric Provision.  Under this 
provision, they are not obliged to use fabric produced locally or in the subregion for their clothing 
exports to benefit from the advantages of the AGOA. However, this  provision  is not being used 
by Chad and is very little used by Cameroon. In 2011, out of a total of 199.9 million square metres 
equivalent imported under this provision, Cameroon contributed only 0.016 million.43 
2.5  Investment regimes  
2.62.   The CEMAC Investment Charter, adop ted in 199944, reaffirms the commitment of the States 
to create a business -friendly environment by implementing competition regulations, protecting 
intellectual property and developing services to support the st rengthening of productivity and  
competitivenes s. In the Charter, States undertook to grant foreign investment the same treatment 
as domestic investment. States also recall their accession to the Tre aty of the Organization for  the 
Harmonization of Business Law in Africa (Box 2.3), undertake to adapt th eir national law and 
judicial policy to its rules and provisions, and guarantee the ap plication of the procedures and  
decisions of its judicial bodies. The CEMAC countries are also signatories to the Treaty establishing 
the Inter-African Conference on Soci al Security . The y guarantee the fair and  transparent 
application of the right to work and social security in conformity with that treaty.  
2.63.   The CEMAC countries are all parties to the main international investment guarantee 
arrangements. They are members of t he World Bank's Multilate ral Investment Guarantee 
Agency  (MIGA). This enables eligible foreign enterprises to obtain an MIGA  guarantee for their 
investments in these countries. The guarantee is variable but, in general, covers the risks 
associated with for eign exchange restrictions, expropriation, breach of contract, and losses caused 
by conflict (including terrorism). Members are entitled to receive technical  assistance from MIGA , 
so as to attract foreign investment.  
2.64.   With the exception of Equatorial Guinea , the CEMAC count ries are all signatories 
to the Convention of the International Centre for Settlement of  Investment Disputes (ICSID), 
a centre which provides facilities for the conciliation and arbitration of investment disputes 
between member States and nationals of other member States.   
2.65.   The OHADA Uniform Acts constitute a legal framework for business life and commercial 
activities in the 16 member countries, including the CEMAC countries (Box 2.3). Despite this 
harmonized framework, the CEMAC region is c onsidered to be the region of the world in which it  is 
the most difficult to do business because of the cumbersome and costly regulations .45 According to  
the report Doing Business 2012  (Table 2.3), starting a busi ness can take up  to 161 days in  
the Congo an d requires 11 procedure s (as compared with 71 days and  eight procedures six 
years  ago). The  number of documen ts needed to import varies from  eight in Gabon to 17  in the 
Central  African  Republic, and the time to import may exc eed two months in the Congo and  the 
Central  African Republic, and three months in Chad.  
                                                
43 Jones, Vivian C. and Williams, Brock R. (2012).  
44 Regulation No. 17/99/CEMAC -020-CM-03 of 17 Decemb er 1999 on the CEMAC Investment Charter.  
45 World Bank (2011).  WT/TPR/S/285 • CEMAC  
 
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  Box 2.3 The Treaty on the Harmonization of Business Law in Africa (OHADA)  
The CEMAC countries are signatories to the Treaty on the Harmonization of Busine ss Law in Africa (OHADA).46 
In force since July 1995, this Treaty is intended to harmonize business law in the 17 member countries47 
through: the drafting and adoption of simple, modern common rules adapted to the situation of the economies 
concerned, the im plementation of appropriate judicial procedures, and the promotion of recourse to arbitration 
as a means of settling contractual disputes. The Treaty simultaneously established the Organi zation for the 
Harmonization of  Business Law in Africa (OHADA).  
The h armonization of the legal framework for business involves the application of the Uniform Acts adopted by 
the Council of Ministers. In 2012, nine Uniform Acts  were in force. The Ministry of  Justice is generally 
responsible for manag ing OHADA in the member S tates.  
Uniform Act  Date of entry into 
force  
General commercial law (r evised in 2010)  01/01/1998  
Law relating to commercial companies and economic interest groups (EIG)  01/01/1998  
Organization of security (revised in 2010)  01/01/1998  
Organization of simplified recovery procedures and measures of execution  10/07/1998  
Organization of collective proceedings for wiping off debts  01/01/1999  
Arbitration law  11/06/1999  
Organization and harmonization of company accounting systems  01/01/2001  
Contracts for the transportation of goods by road  01/01/2004  
Law relating to cooperati ve societies  2011 
 
 
The provisions of OHADA general commercial law define the status of traders and intermediaries such as 
agents and brokers and include common provisions governing commercial sales. Company law is also 
harmonized, with consequences in terms of comme rcial presence: thus, foreign companies wishing to operate 
in CEMAC member States are required to domicile their registered office there and to keep their accounts 
there. Initially, however, these enterprises may establish branches for a maximum of two yea rs. At the end 
of this per iod, they must be attached to  a company of one of the member States.  
The common commercial legislation also deals with security and arbitration. This  has made it  possible to  
promote arbitration as a judicial means of settling comm ercial disputes. Some countries have set up an 
arbitration centre within the Chamber of Commerce.  
One Uniform Act applies specifically to contracts for the transportation of goods by road via the territory of  an 
OHADA State party. OHADA law is accompanied by a model accounting system (SYSCOA ), mandatory  in 
member States. All the Uniform Acts are directly applicable. The Common Court of Justice and  Arbitration  
(CCJA) is the court of cassation for all disputes relating to  the uniform law and hears appeals on points of law 
against the appellate decisions of national courts.  
The mechanism used to finance OHADA consists of a levy imposed at the customs border of each member 
country. This levy is set at 0.05% of the value of imports of products originating in thir d countries and released 
for co nsumption in the member States.  
Source:  OHADA online information. Viewed at: http://www.ohada.org . 
                                                
46 The Treaty was signed on 17 October 1993 at Port -Louis (Mauritius) and revised at Quebec  (Canada)  
on 17 October 2008. Viewed at: http://www.ohada.org  [31 January 2013].  
47 The countries are: Be nin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, 
the Congo, Côte d'Ivoire, Democratic Republic of the Congo, Equatorial Guinea, Gabon, Guinea, Guinea -Bissau, 
Mali, Niger, Senegal, and Togo.  WT/TPR/S/285 • CEMAC  
 
- 31 - 
 
  Table 2.3 Trends in various indicators re lating to the business environment,  
2006  and 2012  
 Cameroon  Congo  Gabon  CAR Chad  
 2006  2012  2006  2012  2006  2012  2006  2012  2006  2012  
Ease of doing business 
(rankinga) 152 161 171 183 132 170 167 185 172 184 
Starting a business            
Rankinga 152 125 146 180 142 157 132 170 174 181 
 Procedures ( number ) 12 5 8 11 10 9 10 8 19 9 
 Time (days ) 37 15 71 161 60 58 14 22 75 62 
Trading across borders            
Rankinga 140 157 166 181 112 135 156 182 157 180 
Documents to export 
(number ) 10 11 12 11 4 7 9 9 7 8 
 Time to export  (days)  38 23 50 50 19 20 63 54 87 75 
 Documents to import 
(number)  14 12 15 10 10 8 19 17 14 11 
 Time to import (days)  51 25 62 62 26 22 60 62 111 101 
a The rankings for 2006 and 2012 are based on 175 and 1 85 countries and econom ies, respectively.  
Source:  World Bank (2006) and World Bank (2013).  
2.66.   Most of the reforms undertaken by the countries hav e encouraged a trend towards an  
improvement in the business environment. The report Doing Business in the OHADA 
Member  States 2012  identi fied, for the CEMAC countries, some 30 reforms relating to the business 
environment since 2005. In Cameroon, one of these reforms, the creation of the single window, 
made possible a drastic reduction in the number of procedures  and the time needed to start  a 
business ( five procedures and on average 15 days as compared wi th 12 procedures and 37 days 
in 2006).  
2.67.   The reforms undertaken at regional level involve the revision of two of OHADA's Uniform 
Acts: that relating to general commercial law and that organizi ng security.  
2.68.   Among other things, the revision of the Uniform Act relating to general commercial law 
enabled the process of starting a business, particularly enrolment in the trade and mortgage 
register, to be made more flexible. For example, the applicant is no longer required to produce 
a copy of his police record at the time of application. He can produce a sworn statement and then 
has 75 days to produce the police record.48 Moreover, if the application is complete and all the 
necessary documents are provi ded, the competent authority is obliged to issue the registration 
number exactly at the moment at which the application is lodg ed. It then has three months to  
verify its conformity. The obligation to publish the registrati on in a newspaper authorized to  
publish legal announcements has also been abolished.  
2.69.   A new professional status better adapted to the informal sec tor has also been introduced in  
the revised Uniform Act, that of " entreprenant ". This status is reserved for individuals engaged in a 
civil, comm ercial, artisanal or agricultural activity w hose annual turnover during two  successive 
years does not exceed a limit fixed by each State. For operators eligible for this status, a simple 
declaration made to the trade and personal property credit registry i s sufficient (instead of actual 
registration). The accounting requirements are less stringent. Moreover, States are free to take 
additional incentive measures in their favour, in particular with respect to taxation and national 
insurance contributions.  
2.70.   The revision of the Uniform Act organizing security also al lows for greater flexibility as  
regards access to credit. For example, the procedures for constituting and publishing security have 
been simplified and the range of goods that can constitute sec urity consisting of a charge on  
movables has been extended to any type of goods or set of goods, present or future.  
 
                                                
48 In Cameroon, in mid -July 2011, 103 enterpri ses at Yaoundé and 69 entrepreneurs at Douala had used 
this option when applying to start a business. World Bank (2011).  WT/TPR/S/285 • CEMAC  
 
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  3  TRADE POLIC IES AND PRACTICES BY ME ASURE  
3.1  Measures directly affecting imports  
3.1.  The customs procedures applicable at Community level are defined in  the CEMAC Customs 
Code, last revised in 2001.1 The Code is aimed at harmonizing the national provisions concerning 
the organizational framework of the customs service and customs regimes and procedures.  
3.1.1   Registration  
3.2.  In the CEMAC member States, any operato r wishing to carry out an import or export 
operation must have importer/exporter status and be in posses sion of a trader's professional  
card.2 The local court generally deals with enrolment in the register of trade and personal property 
credit, and the tra der's card is issued by the foreign trade directorate of the country concerned. 
However, the card is not valid from one State to another.  
3.3.  The import procedure is triggered by the lodging of an import declaration (intention to import 
or preliminary import d eclaration, as the case may be). According to  the country, this is issued by  
the national trade directorate or the preshipment inspection company (see country annexes). 
Depending on the national regulations, some goods may be subj ect to special authorizati on or  
restrictions, which may involve obtaining an import licence or a  certificate of conformity. For  goods 
eligible for preferences, the operator must then obtain the certificates of origin from the supplier. 
For products of CEMAC origin, this certificate  gives entitlement to exemption from import duties 
and taxes.  
3.4.  Member States have introduced the requirement fo r imports arriving by sea to  be 
accompanied by an inspection or cargo tracking note. Th is note is not connected with 
a Community regulation. It is  generally produced by the Ministry responsible for transport in each 
country and has to be lodged with the national shippers' councils (see country annexes). 
The high charges for issuing this document vary from one country to another and can give rise 
to discriminatory treatment depending on the point of loading of the goods imported.  
3.5.  Under the foreign exchange regulations of the CEMAC countries, the payment for imports 
with a value of more than CFAF 5 million must be domiciled with an approved resident 
intermediary, if they come from a country outside the franc zone.3 For imports whose value 
exceeds CFAF 100 million, the payment must undergo a more rigorous process of ver ification by  
the financial intermediary, the aim being to "ensure the satisfactory out come of the operation". 
Payment cannot be made until the import documents have been checked and countersigned by the 
customs service.  
3.1.2   Preshipment inspection  
3.6.  Although not based on Community legislation, inspec tion, whether preshipment or  at 
destination, is mandatory in all the member States, with the exception of Gabon (see country 
annexes). It relates to the quality, quantity and value of the  imports. In each country, this  
operation is delegated to a private company and governed by an  agreement binding the State to  
that company. The list of companies and the inspection fees are shown in Table 3.1.  
3.7.  The inspection conditions vary according to the country. In general, products  admitted 
free of duty and taxes and products with a value below a certain threshold a re exempt. However,  
this exemption threshold varies from country to country (Table 3.1). The inspection fees are 
between 0.90% and 1% of the f.o.b. value of the goods, with a minim um levy which can be as 
much as  CFAF 140,000 in the Central African Republic , which corresponds to a rate of 28%  for 
                                                
1 The Customs Code currently in force stems from the UDEAC  Customs Code adopted in 1965 and 
several times amended. The latest revision was adopted by Regulation No. 05/01 -UDEAC -097-CM-06 
of 3 August 2001 revising the CEMAC Customs Code.  
2 The status of trader in the OHADA member countries members is governed by the Uniform Act on 
general commercial law (AUDCG), in force since 1998 and rev ised in 2010.  
3 Regulation No. 02/00/CEMAC/UMAC/CM of 29 April  2000 harmonizing the foreign exchange regulations 
in the CEMAC member States.  WT/TPR/S/285 • CEMAC  
 
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  imports with a value equivalent to the threshold (CFAF 500,000). T hese high minimum fees can  be 
a burden on small and medium -sized enterprises that lack  the means to consolidate their  imports.  
Table 3.1 Preshipment inspection companies and related fees  
Country  Cameroon  Congo  Gabon  CAR Chad  
Inspection company  SGS Cotecna  n.a. Bureau  
Veritas  Bureau 
Veritas  
Exemption threshold 
(CFAF)  2,000,000 3,000,000 n.a. 500,000 2,000,000 
Fees (% of f.o.b. value)  0.95 0.90 n.a. 1 0.90 
Minimum fees (CFAF)  110,000 65,000 n.a. 140,000 100,000 
Import value 
corresponding to 
minimum fees (CFAF)  11,578,947 7,222,222 n.a. 14,000,000 11,111,111 
Rate corresponding 
to lump sum (% of 
exemption  threshold)  5.5 2.2 n.a. 28 5 
Source:  Data obtained from the national authorities.  
3.8.  After inspection, the company issues a verification certificate which is required when the 
goods are cleared. In Chad, inspection at destination for goods not inspected bef ore being loaded 
was introduced in 2012 (Annex 5 (Chad)).  
3.1.3   Customs declaration  
3.9.  Under the CEMAC Customs Code, a detailed declaration must be lodged for all 
imported  goods. The declaration is made on a harmonized form, the single administrative 
document4, and contains the information needed to apply the customs procedure and compile 
foreign trade statistics. In some countries, depending on the value of the goods (Chad) or their 
nature (Gabon), it is possible to make a simplified declaration that allows for rap id clearance 
(see country annexes). For goods declared for release for consumption, a separate value 
declaration is required, which complicates the import procedure.  
3.10.   Where customs valuation is concerned, the Community Code  incorporates the provisions 
of the Agreement on Implementation of Article VII of the GATT 1994. In principle, the transaction 
value constitutes the primary basis for determining the custo ms value of the goods. 
The Code prohibits the use of minimum, arbitrary or fictitious values. Where there is reasonable 
doubt as  to the truth or accuracy of the value declared by the importer, reasonable means, 
consistent with the principles and general provisions of Article VII o f the GATT, are recommended. 
In practice, some countries continue to use mini mum values (see country annexes).  
3.11.   Imports and exports can be declared only by the owners of the goods or by approved 
customs clearing agents (Article 112.1). However, member St ates can restrict this right to  
approved customs clearing agents only.  
3.12.   The custo ms procedures applicable are release for consumpti on, transit (Chapter  2, 
section  2.2), warehousing, temporary admission, inward processing, drawback, "processing of 
goods intended for release for consumption"5, and transhipment.  
3.13.   The declaration may be mad e in writing, orally or electronicall y. For online registration, 
the CEMAC countries use the ASYCUDA system. The Congo uses the latest version (ASYCUDA 
World), whereas the other countries use the version ASYCUDA++.6 With the exception of Chad, 
                                                
4 Regulation No. 04/03 -UEAC -110-CM-09 of 9 January 2003 adopting the Single Administrative 
Document in the Communit y. 
5 "Processing of goods intended for release for consumption"  is a custom s procedure in which the goods 
imported may undergo, under customs control and before being released for consumption, processing or 
working which results in the amount of import dut ies and taxes applicable to the products obtained being 
less than that which would have applied to the goods as imported. This procedure is  applicable not only to 
goods imported directly from abroad but also to those which are subject to another customs pr ocedure. 
The categories of goods and the operations authorized are determined by the CEMAC Council of Ministers.  
6 Online information. Viewed at: http://www.asycuda.org/french/countrydb.asp . WT/TPR/S/285 • CEMAC  
 
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  the other co untries collect a non -harmonized fee (so -called IT fee) for declarations processed 
automatically (see country annexes).  
3.14.   The possibility of automatic declaration in the customs offices varies from country to country 
(see country annexes). However, it is ava ilable in the main customs  offices. In some countries, 
such as  the Central African Republic and Chad, the  functioning of ASYCUDA and its  deployment to 
other customs offices is encountering numerous difficulties relating, in particular, to the 
networking of  the IT equipment, the availability of an internet connection, and the lack of  trained 
personnel.  
3.15.   Once the declaration has been registered, the customs adminis tration makes sure it  is 
acceptable by checking the documents submitted. It then verifies the par ticulars and determines 
the duties and taxes payable. A physical inspection of the goods may prove necessary. 
The importer is allowed a period of time to pay the duties and remove the goods. This period 
varies from country to country (see country annexes).  Once the period has expired , the goods are 
placed in a customs warehouse.  
3.16.   Within the framework of the priority chapters of the Central African Transit Facilitation and 
Security Programme  (FASTRAC), there is provision, among other things, for  the interconn ection of 
the national customs IT systems. Launched in 20097, this project is aimed at  automating customs 
procedures with a view to removing non -physical obstacles along the road transport corridors. It 
should lead to the interconnection of the customs off ice IT systems along the various transit 
corridors, the interconnection of the customs IT systems between member States, and an 
interconnection with the CEMAC Commiss ion and the Inter -State Customs  Academy. For the pilot 
phase of the project, routes along the Cameroon -CAR and Cameroon -Chad corridors have 
been chosen. Accordin g to the CEMAC authorities, the  interconnection project was already in 
its experimental and ac tual operational phase in  March  2013 and inte rconnection will start 
in April 2013.  
3.1.4   Import d uties and taxes  
3.17.   The CEMAC countries have individually made tariff -binding commitments within the 
multilateral trading system (Table 3.2 and country annexes). With the adoption of the CEMAC 
common external tariff, the rates applied are, for some products, h igher than those initially bound 
by the Congo, Gabon and the Central African Republic. Moreover, the other duties and taxes 
introduced at Community level are inconsistent with the multila teral commitments of the Congo, 
the Central African Republic and Chad . 
Table 3.2 National tariff bindingsa 
 
Cameroonb Republic of 
the Congoc Gabonb CAR Chadb 
Bound tariff lines  (% of total lines)  14.9 17.4 100 62.3 15.2 
Simple average of the bound rates  79.9 27.2 21.9 35.8 79.9 
Range of bound rates (%)  50-80 5-30 15-60 20-70 75-80 
Number of lines in breach of bindings  0 2 2,129 1 0 
a The calculations are based on the bound (including partially bound) tariff lines.  
b The customs tariff is based on the 2007 version of the Ha rmonized System.  
c The customs tariff is based on the 2002 version of the Harmonized System.  
Source:  WTO Secretariat calculations based on data provided  by the CEMAC countries and WTO, 
Integrated  Data Base. 
                                                
7 Online information. Viewed at: http://www.sydonia.cemac.int/index.html  [12 June 2012]. The project 
also includes Sao Tomé and Principe, as well as the CEMAC countries. This project is one of the priority 
chapters of the Central African Transit Facilitation and Sec urity Programme  (FASTRAC).  WT/TPR/S/285 • CEMAC  
 
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  3.1.4.1   Common External Tariff  
3.18.   Since 2000, the CEMAC coun tries have been applying a common external tariff (CET) to  
imports from third countries.8 Updated in accordance with the 2007 version of the Harmonized 
System9, the CET consists of 5,493 eight -digit lines and is ad valorem  for all lines. It  has 
five bands defined as follows :10 certain cultural and aviation -related products (zero rate), basic 
necessities (5%), raw materials and capital goods (10%), intermediate and miscellaneous 
goods  (20%), and daily consumer goods (30%).11 
3.19.   The rates are moderately dispersed with a coefficient of variation of 0.53 from the average  
of 18.1% (Table 3.3). Nearly half (45.8%) of the tariff lines are subject to the 10%  rate 
(Chart  3.1). Tariff analysis reveals a relatively high level of protection for clothing (30%) and some 
agricu ltural products (WTO definition) such as coffee and tea (28.6%), beverages and 
tobacco  (27%), and fruit, vegetables and garden produce  (26.4%) (Table 3.3). On the other hand, 
cotton  and petroleum are at the other end of the spectrum with a protection rate of 10%  on all 
products.  
3.20.   Agriculture, as defined in ISIC (Rev. 2), remains the most protected sector with an average 
tariff rate of 23.6% (Table 3.3). In fact, 67% of the tariff lines relating to agricultural products are 
subject to the 30% rate (Chart 3.1) . The extractive industrie s sector, on the other hand, is  the 
least protected: 90.2% of the tariff lines are subject to the 10% rate.  
3.21.   The CET is proving difficult to apply due to the numerous waivers and "safeguard" measures 
in place in the countries.12 Each country applies the CET with exceptions specific to that country 
(Table 3.4). The proportion of tariff lines affected by these exceptions varies from 0.8%  (Chad) 
to 3.5% (Central African Republic). They generally derive from measures relating to price co ntrols 
or the implementation of framework  agreements. For example, in Cameroon, these exceptions 
mainly concern live animals and animal products an d consist in the application of  rates higher than 
those of the CET, thus reflecting increased protection for local products. In Gabon, a country that 
depends much more on imports for its domestic consumption, the exceptions relate to a more 
varied range of products and mainly involve the application of rates lower than those of the CET.  
3.22.   Despite the existence of a  revision mechanism13, the CET has never been amended since 
being adopted. In 2009, at a concertation meeting, the countries identified the existing distortions 
and made recommendations with a view to a possible revision. However, the initiative was not 
followed up. According to the CEMAC Commission, a study is envisaged. Meanwhile, at the request 
of Cameroon, a tariff subheading for "paper for use in prin ting" was introduced in 2011 to  
accommodate the printing industry.  
                                                
8 The first attempt to establish an external tariff common to the countries currently members of CEMAC 
(UDEAC  at the time) dates from 1970.  
9 Decision No. 21/07 -UEAC -1368 U -CM-15 of 17 March 2007 approving the updating of the CEM AC CET 
in accordance with the 2007 version of the Harmonized System.  
10 Act No. 7/93 -UDEAC -556-SE1 of 21 June 1993 revising the CET and establishing the procedures 
for the application of the generalized preferential tariff.  
11 The transposition of the CET to  the 2012 version of the Harmonized System was adopted in 2012 a nd 
is already being applied by Cameroon and the Congo. The other countries are aw aiting its publication in paper 
format (the only official version) before applying it.  
12 These practices are no t new. Numerous, unilaterally decided waivers, value adjustments and tariff 
slippages are considered to have led to the failure of the first attempt (in 1970) to introduce a CET in the 
subregion.  
13 The CET revision initiative is the responsibility of the Nomenclature and Tariff Committee. This is a 
functioning committee in charge, among other things, of trans posing the CET t o the different versions of the 
Harmonized System.  WT/TPR/S/285 • CEMAC  
 
- 36 - 
 
  Table 3.3 Structure of the CEMAC CET, 2013 
 2013  
1. Simple average of the MFN rates applied  18.1  
Agricultural products (WTO definition)  22.4  
Non-agricultural products (WTO definition)  17.4  
Agriculture , hunting , forestry and fishing (ISIC 1 ) 23.6  
Mining and quarrying (ISIC 2)  11.2  
Manufacturing (ISIC 3)  17.8 
2. Duty -free tariff lines (% of all tariff lines)  0.6 
3. Simple average tariff on dutiable lines  18.2 
4. Non -ad valorem duties (% of all tariff lines)  0.0 
5. Tariff quotas (% of all tariff lines)  0.0 
6. Domestic tariff peaks (% of all tariff lines)a 0.0 
7. International tariff peaks (% of all tariff lines)b 48.1 
8. Overall standard deviation of applied rates  9.6 
9. "Nuisance" applied rates (% of all tariff lines)c 0.0 
Note The 2013 tariff consists of 5,493 tariff lines (eight -digit, in accordance with the HS07 nomenclature). 
The duty rates are lacking for 26 tariff lines.  
a Domestic tariff peaks are defined as rates exceeding three times the overall simple average 
of applied r ates (indicator 6).  
b International tariff peaks are defined as rates above 15%.  
c Nuisance rates are those that are more than 0 but not greater than 2%.  
Source:  WTO Secretariat calculations based on data provided by CEMAC and WTO,  Integrated Data  Base. 
3.23.   Overall, the CET is characterized by mixed escalation: ne gative from unprocessed to  
semi-finished products, and positive from the latter to finished products (Chart 3.2). This overall 
tariff structure is similar to that for food products, beverages and t obacco and for 
"other  manufacturing". However, the tariff escalation is positive in the "textiles and wearing 
apparel ", "paper  and paper products, printing and publishing", "chemical  product s", "non -metallic 
mineral products", and "metal products, machinery an d equipment" industries. In the "wood and 
products of wood" industry the tariff escalation is mixed (po sitive from unprocessed to  
semi-processed products and then negative, with average rates of more than 20% ). 
Table 3.4 Number of tariff lines with rates that differ from those of the CET, 2013  
 
Cameroon  Congo  Gabon  CAR Chad  
Number  107 125 163 193 45 
As a percentage of the total number of lines  1.9% 2.3% 3.0% 3.5% 0.8% 
      
Chapters 1 to 24       
 rates hig her than the CET  105 0 1 45 2 
 rates lower than the CET  0 57 36 51 1 
Chapters 25 to 97       
 rates higher than the CET  2 49 21 79 24 
 rates lower than the CET  0 19 105 18 18 
      
By section of the HS 2007       
I Live animals; animal products  97 29 19 59 2 
II Vegetable products  8 4 6 8 0 
III Animal or vegetable fats and oils and 
their cleavage products; prepared 
edible fats; animal or vegetable waxes  0 9 4 19 0 
IV Prepared foodstuffs; beverages, spirits 
and vinegar; tobacco and 
manufactured tobacc o substitutes  0 15 8 10 1 
V Mineral products  2 9 3 6 0 WT/TPR/S/285 • CEMAC  
 
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Cameroon  Congo  Gabon  CAR Chad  
VI Products of the chemical 
or allied industries  0 7 51 2 1 
VII Plastics and articles thereof; rubber 
and articles thereof  0 1 5 1 0 
VIII Raw hides and skins, leather, fur  skins 
and articles thereo f; saddlery and 
harness; travel goods, handbags 
and similar containers; articles of 
animal  gut 0 0 1 35 1 
X Pulp of wood or of other fibrous 
cellulosic material; paper or paperboard 
for recycling (waste and scrap); paper 
and paperboard  and articles thereo f 0 0 3 3 1 
XI Textiles and textile articles  0 8 3 6 31 
XIII Articles of stone, plaster, cement, 
asbestos, mica or similar materials; 
ceramic products; glass and glassware  0 0 0 1 0 
XV Base metals and articles of base metal  0 7 9 21 4 
XVI Machinery and  mechanical appliances; 
electrical equipment; parts thereof; 
sound  recorders and reproducers, 
television image and sound  recorders 
and reproducers, and parts and 
accessories of such articles  0 26 9 6 3 
XVII Vehicles, aircraft, vessels and 
associated trans port equipment  0 5 1 15 0 
XVIII Optical, photographic, 
cinematographic, measuring, checking, 
precision, medical or surgical 
instruments and apparatus; clocks and 
watches; musical instruments; parts  
and accessories thereof  0 4 38 1 0 
XX Miscellaneous manu factured articles  0 1 3 0 1 
Notes:  The information is based on a comparison of the n ational applied tariffs and the  CEMAC CET aligned 
on the 2007 version of the HS. In some cases, adjustments were needed to make the tar iff lines 
correspond. Where the  Central African Republic is concerned, corre spondence could be obtained for  
only 87.7%  of the lines in the national tariff.  
Source:  WTO Secretariat estimates based on information provided by t he national authorities and  the 
CEMAC  Commission . WT/TPR/S/285 • CEMAC  
 
- 38 - 
 
  Chart 3.1 Distribution of MFN duties by sector, 2013  
0.65.145.8
12.235.8
0.010.815.6
6.267.0
0.64.747.4
12.933.8
0.02.090.2
2.94.9
0102030405060708090100
0%
5%
10%
20%
30%
0%
5%
10%
20%
30%
0%
5%
10%
20%
30%
0%
5%
10%
20%
30%
TOTAL
(5,493 tariff lines)Agriculture
(418 tarrif lines)Manufacturing
(4,972 tariff lines)Mining and quarrying
(102 tariff lines)Per cent
 
Note:  International Standard Industrial Classification of All Economic Activitie s (Rev.2), electricity, gas and  
water excluded (one tariff line). The figures do not add up to 100%  because the duty rates for  some 
lines are lacking (0.5% of total lines).  
Source:  WTO Secretariat calculations based on data provided by the CEMAC Commission.  
Chart 3.2 Escalation of the rates of the CE MAC CET, 2013  
05101520253035Per cent
Sans objetUnprocessed
productsSemi -processed
productsFinished
productsAll products
Agriculture
Mining and quarrying
Food products, 
beverages and 
tobacco
Textiles and 
wearing apparel
Wood and 
products of wood
Paper and paper 
products; printing and 
publishing
Chemical 
products
Non-metallic mineral 
products
Manufacture of 
basic metals
Metal products, 
machinery and 
equipment
Other 
manufacturingSans objet
 
Note:  The product groups are defined in accordance with the two -digit ISIC.  
Source:  WTO Secretariat calculations based on data provided by the CEMAC Commission . WT/TPR/S/285 • CEMAC  
 
- 39 - 
 
  Table 3.5 Summary analysis of th e CEMAC CET, 2013  
Description  Number of  
lines  Simple 
average of 
rates (%)  Range of rates 
(%) Standard 
deviation 
(%) Coefficient 
of variation  
Total 5,493 18.1 0-30 9.6 0.53 
Harmonized System (HS)       
 Chapters 1 to 24  887 23.5 5-30 9.2 0.39 
 Chapters 2 5 to 97  4,606 17.1 0-30 9.3 0.54 
WTO definition       
 Agriculture  814 22.4 5-30 10.1 0.45 
 Animal products  99 20.6 5-30 8.6 0.42 
 Dairy products  28 22.9 5-30 11.3 0.49 
 Fruit, vegetables and garden 
produce  210 26.4 5-30 8.0 0.30 
 Coffee, tea  86 28.6 5-30 5.9 0.21 
 Cereals and other  
preparations  100 18.3 5-30 11.2 0.61 
 Oilseeds, fats & oils  73 20.2 5-30 10.6 0.53 
 Sugar and sugar 
confectionery  18 21.1 10-30 9.9 0.47 
 Beverages and tobacco  59 27.0 5-30 6.9 0.26 
 Cotton  7 10.0 10 0.0  
 Other agric ultural products  134 16.4 5-30 10.1 0.62 
 Non-agricultural products  4,679 17.4 0-30 9.3 0.53 
 Fish and fish products  144 23.8 10-30 5.1 0.21 
 Metals & minerals  946 17.1 5-30 9.0 0.53 
 Chemicals  882 11.5 5-30 6.2 0.54 
 Wood, paper, etc.  351 21.9 0-30 10.6 0.48 
 Textiles  599 19.5 0-30 8.6 0.44 
 Wearing apparel  219 30.0 30 0.0  
 Leather, footwear, etc.  162 20.5 0-30 10.1 0.49 
 Non-electrical machinery  549 12.3 0-30 5.6 0.46 
 Electrical machinery  247 16.8 10-30 7.7 0.46 
 Transport equipment  160 15.4 0-30 8.8 0.57 
 Manufacturing n.e.c.  399 21.9 0-30 10.0 0.46 
 Petroleum  21 10.0 10 0.0 0 
By ISIC sectora      
 Agriculture, hunting, forestry 
and fishing  418 23.6 5-30 9.7 0.41 
 Mining & quarrying  102 11.2 5-30 4.7 0.42 
 Manufacturing  4,972 17.8 0-30 9.5 0.53 
By degree of processing       
 Raw materials  762 19.9 5-30 10.1 0.51 
 Semi-finished products  1,787 14.7 0-30 7.7 0.52 
 Finished products  2,944 19.8 0-30 9.9 0.50 
a International Standard Industrial Classification of All Ec onomic Activities (R ev.2), e lectricity, gas and 
water excluded (one tariff line) . 
Source : WTO Secretariat calculations based on data provided by the CEMAC Commission . 
3.1.4.2   Other duties and taxes  
3.24.   To these taxes there should be added the levies intended to finance certain Community 
initiatives and various national levies. At Community level, these include:  
• The Community integration tax (TCI), levied at the rate of 1% on imports from countries 
outside the CEMAC zone and intended to finance the area's integration process;  
• The Community  integration contribution (CCI), levied at the rate of 0.4% on imports 
from outside ECCAS and intended to finance ECCAS and its institutions (currently being 
collected by the Congo, Gabon, the Central African Republic and Chad); and  
• The OHADA levy, charged  at the rate of 0.05% on imports from non -member countries 
and intended to finance the Organization for the H armonization of Business Law in  Africa 
(OHADA).  WT/TPR/S/285 • CEMAC  
 
- 40 - 
 
  3.25.   The Community preference tax was abolished in almost all the countries with the 
implementation of t he TCI. Only Chad continues to levy it (see A nnex on Chad). It was levied to  
finance the Economic Commission on Cattle, Meat and Fishery Resources (CEBEVIRHA).  
3.26.   Other national levies, such as the statistical fee and the IT fee, are applied at rates that 
vary from country to country (see country annexes).  
3.1.5   Internal taxes  
3.27.   The value added tax (VAT) and excise duty regimes were harmonized by a directive adopted 
in 1999 and revised in 2011.14 The rates in force vary with the country.  
3.1.5.1   Value added tax  
3.28.   In accordance w ith the directive, VAT is applicable to goods and services whether locally 
produced or imported. For local products, the tax base is the ex -factory value. For imports, it  
comprises the customs value, as defined in the CEMAC Customs Code, customs duties and  excise 
duty. Each country is free to choose the rate of VAT from an initial range of 15% to 18%, 
extended to 19% by the revision of 2011. A zero rate is applicable to exports, their accessories 
and international transport.  
3.29.   The directive establishes a list  of goods and services eligible f or exemption. This includes, 
in particular, local products ( produits du cru ), imports of duty -free goods (in accordance with the 
provisions of the Customs Code), certain goods and services regar ded as basic necessities 
(Annex 2 to Directive No. 07/11 -UEAC -028-CM-22), and some pharmaceutical products and 
medical equipment (Annex 2 to Directive No. 07/11 -UEAC -028-CM-22). The di rective prohibits any 
relief or  exemption measure not on this list, including in the for m of an incen tive to start up 
a business or to invest. In practice, the countries deviate individually from the Community list 
(see country annexes).  
3.30.   Following the 2011 revision of the directive, countries can levy VAT at a reduced rate 
(between 5% and 10%) on the foll owing products: other removables for medicine and surgery; 
imported insecticides and pesticides; imported fertilizer; imported flour and wheat; imported meat 
and poultry; imported milk and cream, not concentrated, containing added sugar or other 
sweetening  matter; imported milk and cream, concentrated, containing added sugar; and books, 
other than textbooks.15 
3.1.5.2   Excise duty  
3.31.   The directive establishes a list of products on which excise duty may be levied. Each country 
is free to draw up its national list by choo sing products from the Community list. However, the 
national list must necessarily include tobacco and alcoholic beverages.16 
3.32.    For imported or locally manufactured products, the tax base is  identical to that for VAT, but 
excludes VAT and the excise duty its elf. Countries are free to set the rate applicable to each 
product within a range extending from zero to 25%. Thus, the rates in force differ from country to  
country (see country annexes).  
3.1.6   Concessions on duties and taxes  
3.33.   Reliefs and exemptions from duties and taxes are govern ed by Act No. 13/65 -UDEAC -35 
of 14 December 1965 establishing th e conditions of application of A rticle 241 of the UDEAC  
                                                
14 Directive No. 1/99/CEMAC -028-CM-03 of 17 December 1999 harm onizing the legislation s of 
the member States on value added tax (VAT) and excise duty, and its revising Directive No. 07/11 -UEAC -028-
CM-22. 
15 Annex 4 to Directive No. 07/11 -UEAC -028-CM-22. 
16 In 2011, this list was extended to apparatus used for games of chance and games designe d to 
entertain and to satellite communications (excluding all forms of fixed telephone  (corded, CT phone, etc.)). 
See Annex 2 to Directive No. 07/11 -UEAC -028-CM-22. WT/TPR/S/285 • CEMAC  
 
- 41 - 
 
  Customs Code and its successive revisions.17 These amendments abolish the exceptions from the 
payment of duties appro ved by the national authorities and lay down a list of products and 
equipment eligible for relief, together with the conditions for granting relief. These texts allow the 
following to enter free of import duties and taxes:  
• goods returning to the customs te rritory (provided they a re imported within two years of  
being exported);  
• consignments sent from State to State within the context  of international relations 
and diplomatic privileges and immunities (subject to reciprocity);  
• effects and removables in curren t use, imported on t ransfer of residence (excluding  
motor vehicles, motorcycles, aircraft and vessels for sports or pleasure);  
• effects and objects in current use acquired by inheritance;  
• school kits and trousseaux;  
• consignments of no commercial value;  
• products and objects intended for the Red Cross or similar organizations providing 
assistance and relief (the list of which is drawn up by the Minister responsible for  
public  health);  
• vestments, products, instruments and objects used for the performance of rel igious 
ceremonies (addressed directly to the officials of the religious groups in question);  
• products and equipment imported by the Agency for Air Navigation Safety (ASECNA)  
within  the context of its activities;  
• certain products and equipment imported by a irline companie s for use within the context 
of their activities inside an international airport; and  
• educational, scientific and cultural imports by institutions (t he list of which is drawn up  
by the Minister responsible for finance).  
3.34.   These products and ma terials are also eligible for exemptio n from exit duties and taxes if  
exported for similar reasons.  
3.35.   The suspensory customs procedures  (temporary admission,  inward processing, etc.) allow  
certain economic operators to introduce products and equipment duty -free. Where the temporary 
admission procedure is concerned, the list of eligible produc ts and equipment is drawn up at  
Community level. There is a list of this kind for equipment used to explore for and exploit 
hydrocarbons.18 The national customs authoritie s can also authorize temporary admission for the 
introduction of technical equipment provisionally imported by mining and oil companies for 
research  and prospecting purposes.  
3.1.7   Tariff preferences  
3.36.   Since 1998,  products recognized as originating in the subregio n (section 3.2.8) can move 
around the Community area duty -free.19 However, in the absence of free circulation  
(libre pratique ), goods released for consumption in a CEMAC country are subject to import duties 
and taxes whenever they cross the border between m ember States (Chapter 2).  
3.37.   To make up for the loss of customs revenue caused by t he implementation of the GPT, a  
compensatory mechanism was introduced in 2008 by opening  a window (Window 2) within  the 
Community Development Fund (FODEC).20 This window is to b e funded by allocating 40%  of the 
revenue from the TCI (after deduction of the resources ear marked for the operation of  the 
Community institutions). The resources from the window are to be distributed among the countries 
in proportion to the loss of income  due to Community preference21 and are intended for national 
                                                
17 Mainly Acts No. 2/92 -UDEAC -556-CD-SE1, No. 8/93 -UDEAC -556-CD-SE1,  
No. 28/94 -UDEAC -556-CD-56, and No. 18 /96 -UDEAC -556-CD-57. 
18 It is annexed to Directive No. 1/99/CEMAC -028-CM-03 of 17 December 1999 harmonizing the 
legislations of the member States on value added tax (VAT) and excise duty , and its revising Directive 
No. 07/11 -UEAC -028-CM-22. 
19 A generalized preferential tariff was introduced by Act No. 7/93 -UDEAC -556-CD-SE1 of 21 June 1993. 
The application procedures are established by Circular No. 471/SG/DUD of 2 August 1995. It led to the 
complete tariff liberalization of intra -CEMAC trade.  
20 Regulation No. 02/08 -UEC-046-CM-17 of 30 June 2008 establishing the intervention and management 
procedures for the Community Development Fund.  
21 The loss of income is estimated as the difference between the amount of the customs duties that 
would have be en collected by applying the CET and that actually collected by applying the GPT, which, in the WT/TPR/S/285 • CEMAC  
 
- 42 - 
 
  investment funds for the benefit of SME/SMIs. This window has not yet received any formal 
funding because of the low level of collection of TCI on behalf of the CEMAC Commission. 
Moreover, there a re no reliable statistics on intra -Community trade that could serve as a basis for 
calculating the loss of income.  
3.1.8   Rules of origin  
3.38.   Community origin is systematically granted to local products and traditional craft products.22 
For industrial products, it is granted if the products are recognized as manufactured on the 
territory of the Union and if one of the following conditions is found to hold:  
• the product is wholly obtained from raw materials of Community origin;  
• community raw materials account for at leas t 40% of the value of the raw materials 
used; or  
• the local value added is equal to at least 30% of the ex -factory value.23 
3.39.   This rule does not apply to products resulting from assembly, packaging or preserving 
operations, or to products resulting from inward  or outward processing procedures.  
3.40.   Community origin is certified by means of a movement certificate issued by the customs 
authorities. In the case of local products, all customs offices are competent to issue movement 
certificates. For manufactured product s, they can be issued only by the customs offices of the 
place in which the enterprise is situated.  
3.41.   A CEMAC Origin Committee has been envisaged since 200824, but has not yet been set up. 
It will be responsible not only for approving products of CEMAC origin  manufactured by subregional 
enterprises but also for issuing technical opinions on disputes relating to these products. To obtain 
approval, the operator must submit to the Ministry responsible for industry or trade an application 
dossier based on a model defined by the CEMAC Commission.25 A national approval committee 
determines the Community origin of the products in question. If the application for approval is  
accepted, the dossier is referred to the Origin Committee, whic h examines it  and recommends it  to 
the Council of Ministers for decision. At present, natio nal committees are operating in  Cameroon, 
in Gabon and in the Central African Republic (see country annexes).  
3.42.   There is provision for preferential rules of origin under the other trade agreements to which 
the CEMAC countries are signatories, including ECCAS, and under the arrangements from which 
they benefit (Chapter 2, section 2.3).  
3.1.9   Prohibitions, quantitative restrictions and licen sing 
3.43.   Under the CEMAC Customs Code, goods may be imported freely, with the exception of gold, 
which is subject to special regulations. Some products may be banned or restricted for 
humanitarian, security or public health reasons.26 
                                                                                                                                                  
case of the free trade area, simply corresponds to the duties that would have been collected if the CET had 
been applied.  
22 Regulation No. 21/07 -UEAC -1505 U -CM-16 of 18 December 2007 amending Article 10 of Act 
No. 1/98-UDEAC -1505-CD-61 of 28 July 1998 amending Articles 9 and 10 of the Annex to Act 
No. 7/93-UDEAC -556-CD-SE1 of 21 June 1993.  
23 The procedures for determining the local value ad ded are set out in Circ ular 
No. 179/CEMAC/SE/DMC/SDAD of 24 October 2003 and its Corrigendum No. 027/CEMAC/SE/DMC/SDAD 
of 11 February 2004.  
24 Regulation No. 07/08 -UEAC -193-CM-17 establishing an Origin Committee.  
25 Regulation No. 19/08 -UEAC -010 H -CM-18 relating to the approval pr ocedure for products of CEMAC 
origin.  
26 Article 16 of the Annex to the Treaty establishing the Central African Economic and Monetary 
Community (WTO document WT/COMTD/24, 29 September 2000).  WT/TPR/S/285 • CEMAC  
 
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  Table 3.6 List of goods subject to non -tariff imp ort restrictions   
Product  Cameroon  Congo  Gabon  CAR Chad  
Produc ts of animal 
origin  Sanitary 
certificate  Sanitary 
certificate  Sanitary 
certificate  Sanitary 
certificate  Prior 
authorization 
and sanitary 
certificate  
Products of 
vegetable origin  Phytosanitary 
certificate  Phytosanitary 
certificate  Phytosanitary 
certificate  Phytosanitary 
certificate  Prior 
authorization 
and 
phytosanitary 
certificate  
Cereal and food 
products  Certificate of 
conformity 
(wheat flour, 
yoghurt, 
concentrated 
milk) Import licence 
(meat, poultry, 
marine fish, 
salted fish, 
wheat flour, 
edible oils, salt, 
mineral water, 
rice, tomato 
concentrate)  Prior import 
declaration (food 
products 
obtained from 
poultry and pigs 
and derivatives)  
Prohibition 
(wheat flour)  Phytosanitary 
certificate  .. 
Suga r .. Monopoly  Import licence  Import 
monopoly  Monopoly  
Pharmaceutical 
products  Prior 
authorization 
and transit visa 
health  .. Right of 
exploitation must 
be obtained  Import licence  .. 
Arms and 
ammunition, 
dual-use products  .. .. Special texts  Authorization  
to carry a 
firearm  .. 
Ozone layer 
depleting products 
and substances  .. .. Specific 
regulation  .. .. 
Other products  Certificate of 
conformity 
(gas cylinder, 
jute bag, 
metal  sheeting 
(of galvanized 
iron or 
aluminium 
alloy))  .. Homologation 
(cell phones 
and other 
communications 
equipment)  Coffee may not 
be imported 
until domestic 
production has 
been marketed  Prior 
authorization 
(air 
conditioning 
machines, 
refrigerators, 
freezers, 
portable fire 
extinguishers, 
insulating 
panels, 
aerosols, freon, 
thermal 
insulation)  
Source:  Information provided by the national authorities and data obtained online, viewed at: 
http://www.izf.net . 
3.44.   With a view to the establishment of the common market, it is planned to 
eliminate  quantitative rest rictions and taxes and measures with equivalent effect that could affect 
intra-Community trade. Countries undertake not to introduce new restrictions, taxes or measures 
with equivalent effect other than "for reasons of public morality, public order, public  safety, 
protection of human or animal life or health, plant conservation, protection of the cultural, 
historical or archaeological heritage, and protection of intellectual p roperty" (Articles 13 and 16 of  
the UEAC Convention).  WT/TPR/S/285 • CEMAC  
 
- 44 - 
 
  3.45.   According to the notificatio ns received by the WTO, Cameroon and Chad no longer have 
import or export licences.27 Import licence and/or quota regimes are  applied to certain products in  
the Congo, in Gabon and in the Central African Republic. The importa tion of sugar is regulated by  
a licensing regime, with a market share reserved for a mon opoly company which ranges 
from 80%  (in the Congo) to 90% (in the Central African Republic).  
3.1.10   Standards, technical regulations and accreditation  
3.46.   The Community Investment Charter provides for the estab lishment of a standardization, 
metrology and certification system in each country as well as at Community level. This system 
must be in conformity with international rules, including th e provisions of the WTO and 
the International Organization for Standard ization. However, the initiatives in this respect are only 
recent. In October 2011, the countries signed a memorandum of agreement creating the Central 
African Sub -regional Metrology Organization (CEMACMET).28 Attached to the CEMAC Commission, 
this organiza tion is intended to promote metrology and related activities with a view to facilitating 
trade. The agreement led to the launch of the CEMAC Regional Infrastructure -Quality Development 
Project (IQ -CEMAC) with the support of the German Metrology Institute.29 The first "orientation" 
phase should be completed in 2013.  
3.47.   At national level, the countries are at different stages as regards the status of the national 
body responsible for quality or standards (see country annexes). They also have different status 
within the ISO. The national bodies of Cameroon and Gabon, which have committee member 
status, are authorized to participate, with full voting rights, in the drafting of any important 
standard. The Congo, on the other hand, is a corresponding member and thus c annot take an 
active part in the technical and policy -making work of the organization. T he Central African 
Republic and  Chad are not members. Cameroon, the Congo and Gabon are members of ARSO.  
3.48.   Other initiatives include the introduction of a quality program me for agrifood products 
(CEMAC quality system) and a "CEMAC Infrastructure -quality" chapter intended to promote 
activities relating to standards, certification and accreditation.30 
3.1.11   Sanitary and phytosanitary measures  
3.49.   Sanitary and phytosanitary regulations are not yet harmonized within the Community. 
National measures regulate the importation of certain goods that might pose a risk to public health 
or safety or are simply of strategic interest.  
3.50.   With respect to phytosanitary measures, the Regional Food Safety  Programme (PRSA)  has 
laid the foundations for the harmonization of the rules. Common reg ulations on the registration of  
pesticides were validated by the Ministries of Agriculture in 2004. These regulations define the 
registration criteria and give the com petent authorities of the member States discretion to control 
the importation, exportation, marketing, utilization and destruct ion of registered pesticides. 
A Pesticides Committee of Central  Africa  (CPAC), composed  of experts from the member States, 
was of ficially set up in 2007 to ensure the impleme ntation of the regulations. The  first registration 
session was scheduled for April 2013 .  
3.51.   With regard to pharmaceutical products, in 2002 CEMAC designated the Organization for 
Coordination of the Fight against E ndemic Diseases in Central Africa (OCEAC) as its specialized 
public health body. Accordingly, this organization is overseeing the process of harmonization of  
national pharmaceutical policies. Thus it has developed a draft common pharmaceutical policy due 
to be submitted to the Ministers responsible for health in April  2013. Among other things, this  text 
defines the criteria for drug approval, pharmaceutical inspection and quality control. Cameroon's 
National Drug Quality Control and Expertise Laboratory (LA NACOME) has been identified to serve 
as a benchmark.  
                                                
27 Notifications G/LIC/N/3/CMR/3 of  25 September 2009 (Camer oon), a nd G/LIC/N/3/TCD/2 
of 20 August 2001 (Chad).  
28 Online information. Viewed at: http://www.cemac -qualite.org  [12 January 2013].  
29 The project also extends to the Democratic Republic of the Congo and Sao Tomé and Principe.  
30 The CEMAC "Infrastructure -quality" programme is a chapter of the Programme of Support for Trade 
and Economic Integration (PACIE/PIR 10° FED).  WT/TPR/S/285 • CEMAC  
 
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  3.52.   The CEMAC countries have all ratified the Vienna Convention for the Protection of the Ozone 
Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer. Community 
regulations reflecting th ese commitments were adopted in 2005.31 In accordance with these 
regulations, the importation, exportation and re -exportation of these substances, products that 
contain them and equipment that uses them are subject to the procurement of a licence issued by 
the Minister responsible for trade, after consulting the Minister res ponsible for the environment of  
each member State. The substances, products and equipment subject to these regulations are 
specified in an annex to the regulations.  
3.1.12   Contingency measures  
3.53.   The anti -dumping and countervailing duty arrangements are governed by the 
CEMAC  Customs Code. Article 12 of the Code specifies the conditions under which these duties can 
be imposed. One prerequisite is that the goods in question "are causing or threatening  to cause 
material injury to the domestic production of an identical or di rectly competitive product of  a 
member State". In the case of countervailing duties, they are applicable only if the goods b enefit 
abroad "from a direct or  indirect bounty or subsidy , whateve r its nature, origin or mode of  
attribution". Anti -dumping duties can be applied to goods for which the price paid or payable is 
lower than the comparable price charged by the supplier for like goods in the country of origin or 
in any transit coun try. The procedures for applying these duties and the duty rates a re determined 
by the Council of  Ministers. At present, there are no texts relat ing to the application of  these  
duties.  
3.54.   Under the UEAC Convention, at the request of a member State the Council  of Ministers may 
authorize a State, for a limited period, to take protective measures intended to deal with serious 
difficulties in one or more economic sectors. Article 22 of the Convention stipulates that in the 
event of a sudden economic crisis affecti ng, in particular, the balance of payments, a member 
State may, "as a precaution, take the safeguard measures that are indispensable", but without 
further clarifying the nature of these measures. However, the measures must have only a minimal 
perturbing ef fect on the operation of the common market, not last for more than six months 
(possibly renewable), and be endorsed by the Council of Ministers . The latter may also decide to  
amend, suspend or abolish them.  
3.55.   In 2008, with a view to combating the flare -up in  food prices, the Council of Ministers 
adopted a regulation authorizing the countries derogate, for an initial period o f six months, from  
the Community rules regarding the application of entry duties and VAT on animal, vegetable and 
fish products.32 Thus, t he countries took measures that included, in particular, the  placing  of a 
ceiling on the prices of imported products, the reduction or suspension of import duties and  taxes, 
including VAT, and export restrictions (see country annexes). Moreover,  the Congo and the 
Central  African Republic benefited temporarily from periods of derogation from the application of 
the GPT.  
3.2  Measures directly affecting exports  
3.2.1   Registration and customs procedures  
3.56.   As in the case of imports, only economic operators with importer/expo rter status are 
authorized to engage in an export activity. For statistical purp oses, a detailed declaration is  
required for any export operation. The customs procedures  applicable are simple exit, 
re-exportation, and the economic customs regimes . 
3.57.   The expo rt procedure generally begins with the obtaining of an export declaration. 
Depending on the nature of the goods, a sanitary or phytosanitary cer tificate, an authorization or  a 
permit may be required. Then comes preshipment inspection, where appropriate, an d the 
collection of the export revenue. Exports to destinations outsid e the franc zone are subject to  
domiciliation with an approved intermediary if their value is found to exceed CFAF 5 million.  
                                                
31 Regulation No. 09/05 -UEAC -143-CM-13 of 5 February 2005 adopting the common regulations on 
control of  the consumption of substances that deplete the ozone layer in the CEMAC zone. 
32 Regulation No. 06/08 -UEAC -180-CM-17 of 20 June 2008 on derogation measures in favour of the 
CEMAC member States.  WT/TPR/S/285 • CEMAC  
 
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  3.2.2   Export duties and taxes  
3.58.   The Community Customs Code allows ea ch member State to set export duties and taxes. 
The rates and the products covered by these duties vary from country to country (see  country  
annexes).  
3.2.3   Prohibitions, quantitative restrictions and licen sing 
3.59.   There are no Community provisions concerning export  prohibitions, qua ntitative restrictions 
or licensing . The CEMAC countries are all signatories to the Conve ntion on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES). Accor dingly,  the export of these species 
is prohibited or subject  to authorization (see country annexes).  
3.2.4   Free zone regime  
3.60.   The CEMAC Customs Code grants member States the r ight to establish industrial or  
commercial free zones that exist outside the customs regime.33 Goods admitted to commercial free 
zones may undergo ope rations necessary to ensure their preservation, improve their presentation 
or marketability or enable them to be packaged for tr ansport. On the other hand, the  processing 
operations applicable to goods in industrial free zones are a matter for  national  legislation.  
3.61.   On leaving the free zone, goods destined for abroad may transit under customs escort or  
under the general Community transit conditions. If the goods are released for consumption o n 
Community territory, the operator must pay the import duties and taxes. The Customs Code 
leaves it to the States to determine the volume of goods that can be released for local 
consumption on leaving a free zone.  
3.62.   Cameroon, Gabon and the Congo have supplemented these regulations with national 
legislation (see country ann exes).  
3.3  Measures affecting production and trade  
3.3.1   Incentive measures  
3.63.   In accordance with the Community provisions, newly formed companies in the agricultural, 
industrial, mining or forestry sectors can benefit from exemption from profits tax  during their 
first three years of operation. Although the rates of amortization  of the investment are fixed 
at Community level, these companies may choose degressive or accelerated amortization.34 
During  the first years of operation, they are authorized to carry losses over to subsequent years. 
Tax reduction measures are also available when profits are reinvested. The methods of application 
vary from country to country (see country annexes).  
3.64.   Companies with subsidiaries may, under the following conditions, deduct the income fr om 
shares or ownership interests in those subsidiaries from their taxable profits: the two companies 
must have their registered offices in the Community, while the parent company must 
hold at least 50% of the subsidiary's capital and must retain its holdin gs for at least 
two consecutive  years.  
3.65.   The Investment Charter offers additional advantages.  It provides for a reduction 
in registration fees in the following cases: company formation, new equit y issues, mergers, 
or transfers of shares and holdings. It enco urages countries to introduce additional measures into 
the legislation relating to the mining, tourism and forestry sectors. Where micro -enterprises and 
informal sector operators are concerned, it encourages States to take appropriate measures 
to limit the ir reporting obligations and reduce their administrative burden. States may also take 
measures to encourage enterprises to invest in regions that are landlocked or relatively 
                                                
33 Act No. 2/96 -UDEAC -1297-57 of 1 July 1996 adopting the regul ations on the operation of the free 
zone in UDEAC . 
34 Directive relating to corporation tax ( annex to Directive No. 02/01/ UEAC -050-CM-06 revising Act 
No. 3/72-153-UDEAC  of 22 December 1972 introducing the corporation tax).  WT/TPR/S/285 • CEMAC  
 
- 47 - 
 
  underdeveloped (see country annexes). There are no specific provisions relating t o the utilization 
of raw materials of local origin.  
3.3.2   Competition and price  control  
3.66.   There are two texts governing the Community competi tion regime: the Regulations on  
anti-competitive business practices35 and the Regulations on State practices affecting trade  
between member States.36 
3.67.   In general, the competition regulations are aimed at t hree types of practice: certain  
unlawful understandings , certain concentration operations, and abuses of dominant position . 
The Community regulations give a non -exhaustive list of practices considered to be unlawful 
including: fixing directly or indirectly the buying or selling prices or other conditions of a 
transaction; limiting or controlling production, outlets, technical development or inv estment; 
dividing up markets or  sources of supply; and imposing unequal conditions on trading partners for 
equivalent services. However, agreements which are considered to make an effective contribution 
to the development of economic efficiency or give consumer s or users a certain benefit or  
advantage, and agreements deemed indispensable for the achievement of economic efficiency are 
not banned.  
3.68.   Where concentrations are concerned, the regulations are not intended to prohibit them but 
rather to prevent operations that might have an adverse eff ect on the free play of competition.37 
The regional competition monitoring body must be notified before carrying out any operation with 
a Community dimension. A concentration operation is said to have a Community dimension when 
at least two of the partner e nterprises have a common mark et turnover of more 
than CFAF 1 billion each, or the parties to the operation together hold 30% of the regional 
market.38 The regulations define the procedures to be followed in making such a notification.  
3.69.   Under the regulations,  any monopoly or situation conducive to the acquisition of a market 
share of 30% or more constitutes a dominant position. Abuse of such a position is  a punishable  
offence.  
3.70.   The regulations on government practices that affect trade between member States deal  with 
State aid for enterprises, the situation of enterprises with legal monopoly status, and competition 
for government contracts. State aid can take various forms: subsidies, exemption from taxes, 
exemption from parafiscal charges, interest rebates, loan  guarantees on easy terms, supply 
of goods on preferential terms, coverage of operating losses, etc. This aid is deemed to be 
incompatible with the common market when it distorts or threatens to distort free competition.39 
3.71.   Enterprises with legal monopoly st atus must make sure to avoid abusive practices such as  
tied sales, the imposition of unjustified discriminatory conditions of sale, refusal to sell, the 
practice of unjustifiably breaking off business relations, or the use of income from their monopoly 
activities to subsidize their sales in other sectors.40 
3.72.   The Community legislation does not exclude the adoption of national competition legislation. 
At present, Cameroon, Gabon and the Central African Republic each have specific laws on 
competition. Community competition law is implemented by a Community competition monitoring 
body, a Community court, and national competition control agencies. The regional body has not 
yet been set up, but the CEMAC Commission has had to examine and has authorized two requests  
                                                
35 Regulation No. 1/99 -UEAC -CM-639 of 25 June 1999 regulating anti -competitive business practices 
and amendments made by Regulation No. 12/05 -UEAC -639 U -CM-SE of 25 June 2005.  
36 Regulation No. 4/99 -UEAC -CM-639 of 18 August 1999 regulating State practices affecting trade 
between member State s. 
37 With the exception of concentration operations that affect the leg itimate interests of  the member  
States (Article 14).  
38 Article 6 of Regulation No. 1/99 -UEAC -CM-639 of 25 June 1999 regul ating anti -competitive 
business  practices.  
39 With the exception of socio -cultural aid such as social assistance, aid for the victims of natural 
disasters, aid for underdeveloped regions and aid intended to promote culture, the preservation of the heritage 
or the protection of the environment.  
40 Unless justified for rea sons of public order, security or public health.  WT/TPR/S/285 • CEMAC  
 
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  for mergers. Apart from that of Cameroon, the national competiti on control agencies are 
not yet operational.  
3.3.3   Government  procurement  
3.73.   Pending the complete harmonization of the national regulations, government procurement 
is governed by the regulation on Stat e practices affecting trade between member States adopted 
in 1999.41 In order to promote the broader participation of Community nationals, the regulation 
provides for regional preference measures. It defines the ranges wit hin which each State is free 
to set the threshold for this regional preference. For works, supply or service contracts, the 
regional preference must be fixed within a range extending from zero to 20% of the amount of the 
bids. In the case of supply contracts, the range is increased to 30%  for bids containing 
at least 40% of products of Community origin.  
3.74.   In principle, government  contracts are awarded by open tender and published in the official 
journals of the Community or the member States. However, there are situations in which limited 
tendering or private agreements may be considered. Limited tendering is permissible in urgent 
situations or when justified by the nature or certain special characteristics of the contract. It is also 
acceptable in the case of highly specialized projects or pro gramme s or for contracts 
of major  importance.  
3.75.   Private agreements are acceptable where there is urgency or for short -term technical 
cooperation purposes; for operations that supplement or are necessary to complete other 
operations already in progress; when the performance of the contract is reserved exclusively for 
the holders of patents or licences governing the use, processing or importation of the articles 
concerned; or, following a failed call for bids, after a new consultation.  
3.76.   The Regional Competition Council (CRC) is the body responsible for monitoring the 
application of the rules on government procurement. If a breach o f the rules is established, 
the Council may order the offender to fulfil his obligations and, where necessary, suspend the 
contract aw ard procedure or the performance of the contract. If the offender disregards the 
Council's instructions or the matter is brought before the Council after the signature of the 
contract, the dispute is referred to the Community Court of Justice.  
3.77.   No CEMAC cou ntry is party to the Plurilateral Agreement on Government Procurement  
(AGP). Cameroon has observer status.  
3.3.4   Protection of intellectual property rights  
3.78.   In the CEMAC Investment Charter42, the countries regard counterfeiting as a serious 
impediment to their eco nomic development and undertake to conduct a merciless struggle against 
it. The Customs Code also contains provisions on counterfeiting: it denies entry to all counterfeit 
foreign products and excludes them from warehouses.  
3.79.   As signatories to the Bangui Agr eement (1977), the CEMAC countries are members of the 
African Intellectual Property Organization (OAPI) , which currently has 16 member States.43 
The revision of the Bangui Agreement, on 24 February 1999, wa s aimed, among other things, 
at making its provisio ns consistent with the Agreement on Trade -Related Aspects of Intellectual 
Property Rights (TRIPS Agreement). In force since 28 February 2002, it covers: patents (Annex I), 
utility models (Annex II), trademarks and service marks (Annex III), industrial desi gns (Annex IV), 
trade names (Annex V), geographical indications (Annex VI), copy right and related rights 
(Annex  VII), and protection against unfair competition (Annex VIII).  
                                                
41 Regulation No. 4/99/UEAC -CM-639 of 18 August 1999 regulating State practices affecting trade 
between member States.  
42 Regulation No. 17/99/CEMAC -20-CM-03 of 17 December 1999 relating to the CEMAC Investmen t 
Charter.  
43 The original agreement was signed on 13 September 1962 by 12 Heads of State and Government and 
created the African and Malagasy Industrial Property Office (OAMPI ). It was its revision at Bangui 
on 2 March  1977 that gave rise to the OAPI.  WT/TPR/S/285 • CEMAC  
 
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  3.80.   Annex X on the protection of new plant varieties, which must be patented under Art icle 27 
of the WTO TRIPS Agreement, entered into force on 1 January 2006. The OAPI Administrative 
Council postponed the entry into force of Annex IX on layout -designs (topographies) of integrated 
circuits, which must be protected under Article 35 of t he TR IPS Agreement, because of the  lack 
of skills necessary  to process applications for protection. The revi sed Bangui Agreement (1999) 
was notified to the WTO and was examined by the TRIPS Counci l at its session held 
on 27 and 28 November 2001.44 The terms of p rotection established b y this Agreement are 
defined in  accordance with the WTO TRIPS Agreement (Table 3.7).  
Table 3.7 Subjects and terms of protection under the Bangui Agreement (1999)  
Subject  Bangui Agreement  (1999)  
Patents  20 years  
Utility models  10 years  
Trademarks and service marks  10 years, renewable every 10 years  
Industrial designs  5 years, may be extended for 2 periods of 5 years  
Trade names  10 years, renewable every 10 years  
Geographical indicati ons n.a. 
Appellations of origin  n.a. 
Literary and artistic property   
Copyright  Life of the author + 70 years after his/her death  
Films, radio and audiovisual programmes  70 years  
Photos (works of applied art)  25 years  
Related rights for performances  50 years  
Related rights for phonograms  50 years  
Related rights for radio broadcasts  25 years  
Protection against unfair competition   
Layout -designs (topographies) of integrated circuitsa 10 years  
Protection of new plant varieties  25 years  
n.a.  Not ap plicable.  
a  The revised Bangui Agreement regime is not in force.  
Source:   WTO Secretariat.  
3.81.   In principle, the revised Bangui Agreement (1999) prohibits parallel imports where patents 
are concerned.45 However, a licence may be granted automatically where the  vital interests of the 
national economy, public health or national defence are involved.46 
3.82.   For each of the member States the OAPI acts as a national industrial property service and 
provides a common system of administrative procedures for registering the r elated  rights. 
The registration procedure begins with the filing of an application accompanied by supporting 
documents. The application may be lodged with the national liaison body or sent directly 
to the OAPI. Applicants who are not resident in one of the  member States must send their 
application directly to the OAPI, through an approved agent.47 
3.83.   The documents issued by the OAPI guarantee protection  in all the member States. 
Between  2007 and 2012, the number of patent applications filed by CEMAC country res idents rose 
from 30 to 48, while for trademarks the number rose from 178 to 283 (Table 3.8). Most of these 
applications were made by residents of Cameroon.  
                                                
44 WTO documents IP/Q/GAB/1; IP/Q2/GAB/1; IP/Q3/GAB/1; and IP/Q4/GAB/1 of 18 May 2004.  
45 Annex I (Article 7) to the revised Bangui Agreement (1999).  
46 Article 56 of the revised Bangui Agreement (1999).  
47 A list of these agents can be found on the OAPI website. V iewed at: 
http://www.oapi.int/index.php/fr/mandataires -agrees.  WT/TPR/S/285 • CEMAC  
 
- 50 - 
 
  Table 3.8 Trend in the number of patent and tr ademark  applications from  CEMAC  
member States filed with the OAPI, 2007 -2012  
Applicants  2007  2008  2009  2010  2011  2012  
Patents:  30 26 31 30 37 48 
 Cameroon  14 16 25 22 26 45 
 Congo  7 2 1 0 0 0 
 Gabon  6 7 1 7 4 2 
 Equatorial Guinea  0 0 0 0 0 0 
 CAR 1 1 1 1 3 0 
 Chad 2 0 3 0 4 1 
Trademarks:  178 237 291 348 319 283 
 Cameroon  144 203 269 283 267 238 
 Congo  13 10 10 10 18 15 
 Gabon  19 23 12 41 23 19 
 Equatorial Guinea  0 0 0 9 5 8 
 CAR 0 0 0 1 3 2 
 Chad 2 1 0 4 3 1 
Source:  Data provided by the OAPI.  
3.84.   With r espect to literary and artistic property, the revised Bangui Agreement (1999) covers 
copyright, related rights and cultural heritage. The OAPI is responsible for promoting the 
protection of these rights and creating national agencies in the countries that are still without one.  
 WT/TPR/S/285 • CEMAC  
 
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  4  TRADE POLIC IES BY SECTOR  
4.1  Agriculture, livestock, forestry and fishing  
4.1.  Within CEMAC the importance of agriculture in terms of jobs and contribution to GDP varies 
from country to country. It generally employs a substantial proportion  of the total labour force, 
with a contribution to GDP that is small in countries such as the Congo and Gabon and relatively 
large in the Central African Republic, Cameroon and Chad (see country annexes).  
4.2.  Because of its range of climates and agro -pastoral resources, the region is conducive to  the 
development of agricultur e and livestock breeding. It is believed to possess about  13 million  
hectares of arable land, 65 million hectares of grazing l and and  160 million  hectares of  forest.1 
4.3.  Despite this potential , local food production is insufficient in most of the countries and food 
crises and shortages are frequent. According to the FAO's la test report on the state of food 
insecurity2, undernourishment affects a substantial proportion of the population, even th ough the 
situation varies considerably from one country to another. For the period 2010 -2012, the  
undernourished proportion of the population is estimated at 15.7% in Cameroon, 37.4%  in 
the Congo,  30% in the Central African Republic, and 33.4% in Chad. The  average for  Sub-Saharan 
Africa is  26.8%.  
4.4.  The Community initiatives in the agricultural sector form part of the CEMAC Common 
Agricultural Strategy ( SAC) and the NEPAD Comprehensive Africa Agriculture Development 
Programme (CAADP/NEPAD), which is being pilo ted at subregional level by ECCAS.  
4.1.1   Comm unity  agricultural policies  
4.5.  Where the coordination of national policies in the agriculture, livestock and fishing sectors are 
concerned, CEMAC intends: (i) to increase productivity in these sectors; (ii) ensure the pr ofitability 
of the subsectors; (iii) stabilize the markets; (iv) guarantee security of supply; and (v) ensure 
reasonable prices for products delivered to the consumer (UE AC Convention, Article 35). 
The drawing up and adoption of a regional food security pr ogramme and a common agricultural 
strategy are expected to contribute to the achievement of these objectives.  
4.1.1.1   The C ommon Agricultural Strategy (SAC ) under CEMAC  
4.6.  Adopted in August 20033, the SAC is aimed at promoting trade in agricultural products and 
ensur ing food security. It is based on a dozen or so strategic thrusts of which five have been 
identified as having priority:  
a. Intensifying agricultural and food production: the measures iden tified are aimed 
at improving agricultural production through research,  the dissemination of cultivation 
techniques and agricultural equipment, and product processing;  
b. winning national, regional and international markets: priority is being given to opening 
up rural areas, then to building  food product preservation, processing  and packaging 
capacity, and improving market access.  
c. mobilizing and strengthening civil society: the idea is to involve civil society more widely 
in the framing and implementation of agricultural and environmental protection policies 
and to support the NG Os operating in the sector;  
d. carrying out the necessary institutional reforms in the areas of research and access to 
credit ; and 
                                                
1 FAO (2009).  
2 FAO, WFP and IFAD (2012).  
3 Regulation No. 11/03 -UEAC -019-CM-10 of 28 August 2003 adopting the Common Agricultural Strategy 
of the CEMAC member countries.  WT/TPR/S/285 • CEMAC  
 
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  e. contributing to rural poverty reduction, through measures su ch as the promotion of  
income -generating activities for the poor, th e constitut ion of strategic food  reserves,  etc. 
4.7.  The S AC has not yet been implemented. The CEMAC Commission is at the stage of drawing 
up the priority measures and the investment plan.  
4.8.  In the field of agricultural research, the Regional  Applied Research  Centre for the 
Development of Agricultural Systems in Central Africa (PRASAC) is the Community's speci alized 
institution. Initially a  bilateral cooperation initiative between Cameroon and France, PRASAC was 
subsequently extended to include the Central African  Republic and Chad. At the CEMAC Conference 
of Heads of State in December 2000, it was decided to make it a UEAC specialized institution. 
PRASAC seeks  to create synergy between the national agricultural resea rch institutions with a view 
to finding answers to local needs and building local intervention capacity.  
4.9.  Since 2009 it has managed a subregional seed sec tor development programme. 
This programme is aimed at equipping the subregion with an effective high -performance seed 
sector by, among other things, ha rmonizing the seed laws and regulations and promoting the 
establishment of a regional market. The programme specifies the activities to be carried out at 
different levels (national and regional), together with the necessary financing. A Regional Seed 
Counc il (CRS) is to coordinate the activities at regional level. At country level it should be 
supplemented by national seed councils. Programme implement ation is to be spread 
over five years. So far, none of the seed councils is yet in place. However, the regu latory texts 
have been drawn up. A catalogue ( known as "Catalogue  Zero") containing a dozen plant species  
and varieties of Community interest has been compiled.  
4.1.1.2   Regional food security programmes  
4.10.   Drawn up with the support of the FAO, the CEMAC Regional Food  Security Programme 
(PRSA -CEMAC) is geared towards food security and poverty reduction, particularly in rural areas. 
Adopted in 2002, it can be broken down into two components: one concerning cross -cutting 
regional activities and the other support for nati onal programmes.  
4.11.   At cross -cutting regional activity level, it is aimed, in particular, at harmonizing national 
agricultural policies, facilitating trade, and establishing a regional observatory for agricultural 
subsectors  and policies, together with a food  security information system. With respect to support 
for national food security programmes, it seeks to consolidate  the implementation of existing 
programmes and identify the constraints on action to improve food security.  
4.12.   The finalization of the national  agricultural strategies in Cameroon, the Congo, the 
Central  African Republic and Chad (see country annexes) is part of  the PRSA -CEMAC component 
relating to support for national programmes. At cross -cutting regional activity level, the measures 
include har monization of the pesticide registration procedures (Box 4.1), a review of the state of 
the seed sector, and studies in the following areas, in particular: GMO risk  management; 
establishment of  a regional agricultural product quality management and contro l system; and the 
production of  agricultural statistics. It has not been possible to implement PRSA -CEMAC in its 
entirety for lack of financial resources.  WT/TPR/S/285 • CEMAC  
 
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  Box 4.1 Pesticide registration  in Central Africa  
The CEMA C countries have harmonized their pesticide registration procedures. Common 
regulations were adopted by the Council of Ministers in March 2006 .4 They are aimed at "pooling 
the experience and expertise of the member States in assessing and approving pestici des to 
ensure that they are used rationally and judiciously and to protect human health and the 
environment ". 
The Inter -State Pesticides Committee of Central Africa (CPAC) is responsible  for assessing and 
approving pesticides. The regulations make the use and marketing of pesticides conditional on 
their registration by the CPAC .5 The registration procedure begins with the submission of a dossier  
to the CPAC on the basis of a standard model proposed by the latter. The fees for examining the 
dossier vary depe nding on whether an accelerated (CFAF  2,880,000) or a normal 
(CFAF  6,160,000) procedure is followed. They also depend on the number of toxic substances 
contained in the product. For products containing more than one toxic substance, CFAF  1,008,000 
or CFAF  1,540,000 per substance must be added to the fee, depending on whether the procedure 
is accelerate d or normal.  
Registration is generally granted for a period of 10 years. If most of the data required are provided 
but additional studies are necessary, the C PAC may grant a prov isional two -year authorization.  
The regulations do not govern the importation, exportation, marketing, use or destruction of 
approved pesticides. These are the responsibility of the national authorities.  
Since being established in 2006,  the CPAC has been engaged in reviewing the situation with regard 
to the use of pesticides and in developing the tools necessary for registration. It has just finalized 
an agro -ecological map of the subregion. It has not yet started up its registration act ivities, but 
the first session is planned for April 2013.  
Source:  Online information, viewed at: http://www.cpac -cemac.org  [28 February 2013].  
4.13.   At African Union level, the Comprehensive Africa Agriculture Developmen t Programme 
(CAADP) is the framework for NEPAD's agricultural sector developm ent activities. Adopted  in 
July 2003 at Maputo (Mozambique) during the African Unio n summit, the CAADP is aimed at  
eradicating hunger and reducing poverty through ag riculture -based development. To  achieve these 
objectives, the Heads of State and Government set themselves the objective of  raising the share 
of the national budget allocated to agriculture to at least 10% w ithin a period of five years 
(i.e. before 2008). This should en able them to  achieve, among other things, a  6% annual increase 
in agricultural production by 2015.  
4.14.   As one of the designated pillars of the African Economic Community, ECCAS is the body 
responsible for implementing the CAADP in Central Africa. Thus, with  the support of the FAO, it  has 
drawn up a Regional Food Security Programme (PRSA -ECCAS ). Adopted in 2004, this  programme 
is actually a transposition of the CAADP to subre gional level. In particular, it  provides for the  
development of a common agricultural st rategy.  
4.15.   However, there was a delay in implementing the PRSA -ECCA S. Following the food crisis 
of 2008, there seemed to be a renewal of interest in the programme. Thus, a Special Regional 
Agricultural Development Fund (F SRDA) was set up to promote food secur ity. The process of  
formulating a common agricultural policy was reactivated with the support of the FAO and the 
African Capacity Building Foundation (ACBF). This common agricultural policy should incorporate 
the national agricultural strategies, the Regio nal Food Securit y Programme, the pillars of  the 
CAADP, and the measures decided upon following the food crisis of 2008.  
4.16.   At the proposal of the FAO and within the framework of the rationalization of the regional 
economic communities, the CEMAC and ECCAS Regional Food Security Programmes  were merged 
in 2012. The merged PRSA has three components and ten priorit y actions  (Table 4.1). It has not 
yet been validated by the Ministers responsible for agriculture and has so far remained inactive.  
                                                
4 Regulation No. 09/06 -UEAC -144-CM-14 of 10 March 2006 adopting  the common regulations on the 
registration  of pesticides in the CEMAC zone. 
5 Regulation No. 11/07 -UEAC -144-CM-15 of 11 March 2007 on the  establishment, composition 
and functioning of the Pesticides Committee of Ce ntral Africa (CPAC).  WT/TPR/S/285 • CEMAC  
 
- 54 - 
 
  Table 4.1 Matrix of the areas of intervention and priority actions of the PRSA/AC  
Strategic areas of 
intervention  Components  
Support for national food 
security programmes  Harmonization of 
national agricultural 
policies  Trade d evelopment  
Sustainab le increase 
in productivity and  
agricultural 
production:  - Support for the formulation 
and implementation of NFSPs, 
and the emergence of 
agricultural trade organizations  
at regional level  
(Project  No. 1); - Promotion of an efficient 
and competitive re gional 
agriculture  
(Project  No. 6); - Safer foodstuffs and 
inputs  
(Project No. 8);  
Improvement of  
seed subsectors : - Development of an efficien t 
regional seed sector  
(Project  No. 3);    
Improvement of  the 
quality of research 
services:  - Formulation of a master plan 
for agricultural research at 
regional level  
(Project No. 2);    
Establishment of  a 
regional food 
security information 
system:  - Establishment of a regional 
early warning system and a 
mechanism for regulating food 
surpluses a nd deficits  
(Project  No. 4);  Promotion of improved 
information management 
to strengthen food 
security and agricultural 
trade  
(Project No. 7);   
Development of  
intra-Community 
trade:   Project Nos. 6 and 7;  - Project No. 8;  
- Development of 
intra-Community  trade  
(Project No. 9);  
Development of 
extra-Community 
trade:    - Building  the capacity  of 
countries  to participate 
effectively in agricultural 
trade negotiations  
(Project  No. 10); 
Building the 
capacity of rural 
development actors 
and promoters:  Projec t Nos. 1, 2 and 3;  - Project No. 6;  Project Nos. 8 and 10.  
Poverty reduction:  - Introduction of a regional 
plan for a nutritional 
surveil lance system  
(Project  No. 5);    
Source:  ECCAS and CEMAC (2011), Central African Regiona l Food Security Programme (PRSA/AC), April.  
4.1.2   Policy by subsector  
4.1.2.1   Cotton  
4.17.   Cameroon, the CAR and Chad are the three CEMAC  cotton -producing  countries. In  these  
countries, the subsectors are generally organized around major ity State-owned companies, in  a 
monopoly situation. These are the Société de dévelop pement du coton  (Cameroon), the  
Société  cotonnière centrafricaine  (Central African  Republic) and, since 2012, the  CotonTchad 
Société nouvelle  (Chad). These companies buy seed cotton from the producers and take care of 
the ginning and market ing. Downstream there are a few process ing plants  that produce textiles for 
the local market. However, most of the cotton fibre produced i s exported to  Asia and Europe.  
4.18.   Cameroon is the largest producer in the subregion. According to FAO statistics6, its cotton 
fibre production was 62,000 tonnes during the 2010/20 11 season. Chad's production is  assessed 
                                                
6 FAO statistical database, online information. Viewed at: http://faostat3.fao.org/home/index.html 
[12 October 2012 ]. WT/TPR/S/285 • CEMAC  
 
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  at 25,500 tonnes, and that of the Central African Republi c at 3,500 tonnes. In  all three  countries, 
production is tending to decline because of the numerous difficulties facing the subsecto r 
(see Annexes on Cameroon, the Central African Republic and Chad).  
4.19.   To revitalize the subsector, in 2006, the countries set up a committee to coordinate and 
monitor subregional policies.7 The committee started work in 2006, but the countries subsequently 
asked for its mandate to be extended to include all basic products, as they are not all cotton 
producers. Within the framework of the "All ACP Agricultural Commodities Programme (AAACP)"8, 
the geographical scope was extended to the ten ECCAS States. A strategy embracing the 
cotton -textile -clothing chain was drawn up  in 2011. It is aimed  at developing the subsector by  
pursuing the following five strategic objectives: (i) increas ing cotton production (seed  and fibre); 
(ii) impro ving and guaranteeing the quality of the cotton; (iii) supporting and developing fibre 
processing; (iv) intensifying the promotion and marketing of the subregion's cotton and textiles; 
and (v) developing and improving the exploitation of the products of se ed crushing. The objective 
for 2020 is to triple seed cotton yield (1,200 kg/ha) and to achieve  an output of 350,000 tonnes of  
cotton fibre, 100 million litres of oil and 200,000 tonnes of cake.  
4.20.   The implementation of the strategy is the responsibility of a  coordination and monitoring 
committee composed of representatives of the subsector's various actors. The strategy has not yet 
been adopted.  
4.21.   Chad is one of the four African countries behind the Sectoral Initiative for Cotton (C -4).9 
In a communication addr essed to the Director -General of the WTO in April 2003, these countries 
declared that the maintenance of support measures by some Members was distorting world prices 
and that this was frustrating their efforts to make their production competitive and liber alize the 
sector. They demanded recognition of the strategic value of cotton for development and poverty 
reduction in numerous LDCs and the total elimination of support for cotton production and exports. 
At the WTO's Eighth Ministerial Conference, they rei terated their appeal to WTO Memb ers 
in general, and in particular to the protagonists of the cotton dossier " to engage effectively 
in the negotiations".10 
4.1.2.2   Sugar  
4.22.   The sugar industry in the CEMAC zone is characterized b y local production amounting to  
about 250 ,000 tonnes and a substantially larger demand. In 2005, Community requirements were 
estimated at 320,000 tonnes. The Congo is the only net sugar exporter. In 2010, it reportedly 
exported more than 37,000 tonnes of sugar to the Community market, in particul ar, to Cameroon 
and Chad (Table 4.2).  
Table 4.2 Sugar production and marketing in 2010  
(tonnes)  
Country  Production  Total sales  
Local  intra -CEMAC  Total  
Cameroon (Sosucam)  105,000 90,000 30,000 120,000 
Congo (Saris Congo)  70,310 41,938 37,166 79,104 
Gabon  26,850 26,850 .. 26,850 
CAR 11,153 18,847 .. 30,000 
Chad (CST)  37,700 93,500 .. .. 
Total  251,013 271,135 .. .. 
.. Not available . 
Source:  Information provided by the national authorities and onli ne inf ormation. 
Viewed at: http://www.somdiaa.com/groupe/les -filiales#sucre . 
                                                
7 Regulation No. 11/06 -UEAC -168-CM-14 of 11 March 2006 establishing a Subregional Committee on 
the Coordination and M onitoring of Cotton Subsector Policies in the CEMAC zone.  
8 Launched in September 2007, the "All ACP Agricultural Commodities Programme (AAACP)" is an 
initiative of the European Commission and the ACP Secretariat. Its purpose is to build the capacity of th e actors 
involved at the various levels of the agricultural commodities value chain and to implement sustainable  
strategies in the related sectors. Online information. Viewed at: http://www.euacpcommodities.eu . 
9 The C -4 countries are Benin, Burkina Faso, Chad and Mali.  
10 WTO document WT/MIN(11)/ST/127.  WT/TPR/S/285 • CEMAC  
 
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  4.23.   In each of the countries, there is generally a single company responsible for 
processing  sugar cane. These companies are  all subsidiaries of the Société d'organisation de 
management et  de développement des industries alimentaires et agricoles  (SOMDIAA ), a majority 
French -owned agrifood group. The companies in question are Compagnie sucrière du Tchad , 
Société  agricole  et de raffinage industriel du sucre  (SARIS Congo), Société sucrière du Cameroun, 
Sucreries d'Afrique Gabon, and Société de gestion sucrière de la République centrafricaine . 
They are grouped within an association called the Sugar Industry Group (GPS -CEMAC), finan ced 
by the annual subscriptions of its members.  
4.24.   A platform for technical cooperation with CEMAC was set up in January 2003. 
This framework envisages, in particular, the launching of new producti on projects and the creation 
of an environment capable of ensu ring the perpetuation of the s ubsector's activities. Thus, in  
March  2006 a c ommon sugar market organization (OCM -Sucre -CEMAC) came into being11 with the  
following objectives: (i) to achieve self -sufficiency in sugar for the subregion through the increased 
production of local sugar and/or imports and to establish a mechanism for monitoring the markets 
and managing sugar deficits; (ii) to establish a common strategy to make the subregional sugar 
industries competitive; (iii) to help combat fraud, smuggling and  counterfeiting; and (iv) to 
provide a stable framework for the operations of the sector's professionals. OCM -Sucre -CEMAC is 
financed from the subscriptions of the members of the GPS.  
4.25.   The Committee for the Coordination and Monitoring of Sugar Policies (CCS PS) is the body at  
the centre of this common market. It oversees the attainment of the organization's objectives; 
follows up matters  relating to the production, distribution and marketing of sugar; and coordinates 
the initiatives taken to ensure the free movement  of Community production and an adequate level 
of market protection. Chaired by the CEMAC Commission, it is composed of representatives of the 
customs administrations, ministries of trade, sugar companies a nd GPS -CEMAC. It is financed by  
GPS-CEMAC, which also provides the secretariat.  
4.26.   In 2007, a set of common market regulation strategies proposed by OCM -Sucre -CEMAC was 
adopted by the Council of Ministers.12 These strategies p rotect Community production, 
in particular, by: guaranteeing the free movemen t of locally produced or refined sugar; 
implementing a Community supply plan; tightening tariff measures; and combating fraud, 
smuggling and counterfeiting (Box 4.2). None of these strategies has been implemented since 
their adoption.  
4.27.   In 2012, SOMDIAA anno unced an investment plan aimed at  increasing the sugar output of  
its African subsidiaries by about 30% to reach a level of 450,000 tonnes in 2017.13 Specifically, the 
plan envisages increasing production capacity in Cameroon, Chad and Gabon and improving 
productivity and yields, without an expansion of production capacity, in the Congo.  
                                                
11 Regulation No. 10/06 -UEAC -CM-14 of 11 March 2006 on the establishment, organization and 
operation of the CEMAC zone common sugar market organization.  
12 Regul ation No. 19/07 -UEAC -166-CM-16 of 18 December 2007 adopting strategies for the regulation 
of the CEMAC zone common sugar market.  
13 Online information. Viewed at: 
http://www.commodafrica.com/fr/actualites/matieres_premieres/somdiaaplaninvestment . WT/TPR/S/285 • CEMAC  
 
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  Box 4.2 Regulation of the CEMAC common sugar market  
The strategy for the regulation of the common sugar market consists of the fo llowing four  
components:  
1. Free movement of products : Member States undertake n ot to impose any constraints on  the 
free movement of sugar of Community origin or refined in the CEMAC zone. They also undertake 
not to impose any quantitative restriction or m easure with equivalent effect. In the case of 
sugar  previously imported and sugar intended  for refining or  granulation in  another member State, 
re-exportati on to another member country is  permitted only with the agreement of  the latter.  
2. Community sugar supply : This is managed by a Committee for the Coordination and 
Monitoring of Sugar Policies (CCSPS). On the b asis of information provided by  administrations and 
sugar  industries, this committee draws up a forecast  sugar supply plan. It proposes, in partic ular, 
an estimate of overall import needs and export availabilities and an estimate of national needs to 
be met from intra -Community imports and imports from third countries. For imports from outside 
the Community, the Committee determines the quantities i ntended for refining, granula tion, direct 
consumption and re -exportation, respectively.  
3. Trade with third countries : All sugar imports into the Community area are subject to the 
approval of the national authorities of each country. The request must be no tified to the  CCSPS , 
which immediately provides the administration concerned with information about the situation on 
the regional market. In the light of this information, the competent administration may or may not 
grant approval, pref erence being given t o sugar of  Community origin. Where exports are 
concerned, an export declaration issued by the national authorities is required.  
The strategy also proposes changes in the CET as a means of protecting the subregion's sugar 
industries. It proposes that the ad valorem  rates be replaced by specific rates on quantities 
(Table  4.1). Pending the introduction of this system, it proposes that  the CET (at the rate of 30% 
on these products) continues to be applied at fixed prices so that the actual rates already 
corres pond to the specific rates proposed.  
Table Proposals by the OCM -Sucre -CEMAC for the amendment of the CET  
Description  Suggested 
rate 
(per tonne)  Transitional rate  
Basic rate 
(CET)  Fixed prices  
(per tonne)  
Cane or beet sugar, white or raw, and chemically 
pure sucrose, in solid form (t ariff heading 1701):     
 For refining  CFAF 78,715 
€120) 30% CFAF 262,383 
(€400) 
 Other  CFAF 157,430 
(€240) 30% CFAF 524,766 
(€800) 
Molasses resulting from the extraction or refining of 
sugar (tariff heading 1703)  CFAF 39,357 
(€60) 30% CFAF 131,192 
(€200) 
 
 
4. Fraud, smuggling and counterfeiting : OCM-Sucre -CEMAC  recommends the "vigorous" 
application of the sanctions for which the various Community texts provide and invites close and 
frank cooperation between the various administrations involved in combating these practices. 
It suggests a campaign against fraudulent imports, the effective application of the existing mutual 
assistance agreements, the reacti vation of the meetings of the Committee on Combating Customs 
Fraud, and the overhaul of the CEMAC Customs Code with a view to taking the problem of piracy 
more exhaustively into account.  
Source:  Regulation No. 19/07 -UEAC -166-CM-16 of 18 December 2007 adop ting strategies for the regulation 
of the CEMAC zone common sugar market.  
4.1.2.3   Forestry sector  
4.28.   With the exception of Chad, all the CEMAC countries have more or less substantial forest 
resources and export wood products. According to statistics compiled by the C entral African 
Forests Observatory (OFAC) for 2010, the forested area is estimated  at 18.6 million hectares 
for Cameroon; 17.1 million for the Congo; 22.3 million for Gabon; and 6.9 million for 
the Central  African Republic.14 However, the sector is very lit tle industrialized. It is characterized 
                                                
14 OFAC online information. Viewed at: http://www.observatoire -comifac.net/indicators.php?lvl =cntr . WT/TPR/S/285 • CEMAC  
 
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  by a few mainly foreign -owned large industrial operators and several small operators working 
smaller areas.  
4.29.   At present, there are no Community regulations at CEMAC level but all the national 
legislations reflect a de sire to promote local wood processing (see country annexes).  
4.30.   At ECCAS level, the organization of a Conference of Ministers responsible for  the forests of  
Central Africa  in 2000 provided a framework for harmonization initiatives. This followed the 
"Declarat ion of Yaoundé", in which the ECCAS Heads of State proclaimed, among other things, 
their support for the preservation of biodiversity and the sustainable management of tropical 
forests. These commitments were institutionalized in 2005 in the form of a trea ty on the 
conservation and sustainable management of forest ecosystems and the establishment of the 
Central African Forests Commission (COMIFAC).15 
4.31.   COMIFAC is the body responsible for formulating, harmonizing and monitoring forestry and 
environmental polici es in Central Africa.16 A convergence plan defining the priority measures to be 
taken with a view to harmonizing national forestry and  fiscal policies was adopted in  
February  2005. In this connection, a subregional convention on forest control and the repre ssion of 
illicit activities and poaching was adopted in October 2008. A system for the gathering, processing 
and sharing of forestry information has also been set up. The harmonization of the other 
instruments (institutions, legislation, standards and taxa tion) should follow.  
4.32.   Cameroon, the CAR, the Congo and Gabon are members of the International Tropical 
Timber Organization (ITTO). The ITTO is an intergovernmental framework for consultation and 
cooperation on matters relating to the international trade in tropical timber and the sustainable 
management of its resource base. It is governed by the International Tropical Timber Agreement 
(ITTA), concluded in 1983 and revised in 1994 and then again in 200 6. The objective of the ITTA is  
"to promote the expansion and diversification of international trade in tropical timber from 
sustainably managed and legally harvested forests and to promot e the sustainable management 
of tropical timber producing forests".  
4.1.2.4   Livestock products  
4.33.   Grazing land covers one third of the re gion's area. Chad, Cameroon and the Central African 
Republic are the main bovine cattle producers in the subregion, accounting for 95% of the regional 
herd estimated at about 16.5 million head.17 The other species are estimated at 6.7 million head of 
sheep,  37 million goats, 2.4 million pigs and 87 million chickens and other poultry. Consequently, 
livestock farming is one of the pillars on which the Community intends to rely in order  to increase 
its rate of economic growth and achieve the objectives  that it has set itself in its Regional 
Economic Programme (Chapter 2, Box 2.1).  
4.34.   The Economic Commission for Cattle, Meat and Fishery Resources (CEBEVIRHA) is CEMAC's 
implementing agency for livestock, fishing and aquaculture.18 Active since 1991, it has the 
followi ng specific objectives: implementation of an integrated livestock and fish eries development 
policy at member State level; improvement of the health of cattle and fish; inspection of the 
places where herds are prepared for market and the environment of the fish; exploitation of the 
products and by -products of livestock farming and fishing; development and harmonization of 
trade; harmonization and coordination of the livestock and fisher ies policies contained in the 
member States' development plans; and the o rganization of training in the sectors concerned.  
                                                
15 Treaty on the conservation and sustainable management of Central African forest ecosystems and 
establishing the Central African Forests Commission.  
16 Article 5 of the Treaty on the conservation and sustainable management of Central African forest  
ecosystems and establishing the Central African Forests Commission. Viewed at: http://www.comifac.org/la -
comifac -1/traite -constitutif . 
17 Online information. Viewed at: 
http://www.fao.org/fileadmin/templates/sfc/fichier/elevage_en_afrique_centrale.pdf  [31 January 2013].  
18 Act No. 20/87 -UDEAC -475 of 18 December 1987. When first established i t was called the Economic 
Community for Cattle, Meat and Fishery Resources (CEBEVIRHA - UDEAC ). The word Community was replaced 
by Commission at the time of transition from UDEAC  to CEMAC.  WT/TPR/S/285 • CEMAC  
 
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  4.35.   One of CEBEVIRHA's achievements was the introduction in 1995 of the passport for cattle 
and the international transhumance certificate.19 These documents replaced the international 
animal health  certificate.  They are issued by the livestock services at the cattle en try and exit 
posts and cost CFAF 2,500 each. According to CEBEVIRHA, they are used only to a very limited 
extent. Although designed to facilitate the cross -border movement of cattle, th e internatio nal 
transhumance certificate has never been used by the States since its introduction. This is because, 
in some countries, these documents are not taken into account in the national regulations on trade 
and the cross -border movement of cattle. In the count ries in which  provisions exist, their use 
is restricted because of the limited number of agents in some end markets and ignorance of the 
value of this document on the part of the economic operators. CEBEVIRHA has conducted a few 
training campaigns to make border veterinary officers more  familiar with the use 
of these  documents . 
4.36.   Each year, CEBEVIRHA organizes a joint meeting on the livestock, fishing and aquaculture 
sectors. These meetings provide a framework for the exchange of views within which the variou s 
actors in these sectors can discuss problems and seek solutions. The ninth of these meetings was 
held in 2012 at Brazzaville in the Congo.  
4.37.   Within the framework of the Regional Economic Programme ( PER), the Community aims to  
develop two structures in the Cameroon -Chad-CAR area: an "A gropastoral Techn ology  Centre of  
the Savannahs" and a "Special Economic Zone". The techn ology  centre will make it possible to  
improve the organization of the transhumance routes with the development of watering points. 
It will also provide for an epidemiological monitoring s ystem, a vaccination system, an  
intensification system involving the provision of stalling  facilities  and breed improvement, and 
artificial insemination programmes. The special economic zone will include catt le slaughtering and 
meat processing facilities to reduce imports.  
4.1.2.5   Fisher y products  
4.38.   The Community countries have some 553,863 km2 of ex clusive economic zone (EEZ) 
and 1,752 km of shoreline. Potential annual fish production is estimated at 800,000 tonnes.20 
However, the exploitation of this potential has remained below full capacity. In 2009, cumulative 
fish and seafood production for all the countries, with the exception of Equatorial Guinea, was 
estimated at 323,037 tonnes (Table 4.3), to which  Cameroon cont ributed some 43%. Post -catch 
losses and wastage could amount to 25 to 30% of production. Moreover, aquacultural production 
is only marginal.  
Table 4.3 Fisher y sector indicators  
Indicator  Cameroon  Congo  Gabon  Equatorial 
Guinea  CAR Chad  Total  
Physical characteristicsa: 
 EEZ (km2) 16,547 31,017 213,000 303,509 0 0 564,073  
 Shoreline (km)  402 169 800 296 0 0 1,667  
Fish and seafood in 2009b (in tonnes)  
 Production  138,952 59,966 39,119 .. 15,000 70,000 323,037  
 Imports  131,143 21,434 15,320 .. 285 2,200 170,382  
 Exports  180 617 4 448  .. 0 0 5,245  
.. Not available.  
Source:  a National authorities (Gabon) and CIA (2012) ; 
 b FAOStat and information provided by the national authorities.  
4.39.   In 2011, the countries  launched the Inland Fishing and Aquaculture Promotion Project 
(PPCA -CEMAC). Financed from Community f unds (FODEC) to the  tune of CFAF 5.5 billion, 
this project is aimed at improving inland fishing production and incr easing aquacultural output. 
The plan fo r achieving these objectives has four components: promotion of applied research, 
institutional capacity building, reduction of post -catch losses, and  support for the development 
of aquatic ecosystems. The planned activities involve, among other things, the  construction 
and/or  rehabilitation of production, marketing, preservation, training and research infrastructure; 
                                                
19 Decision No. 1/94 -CEBEVIRHA -018-CE-29 of 16 March 1994.  
20 CEMAC ( 2009).  WT/TPR/S/285 • CEMAC  
 
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  financial and technical support for the fishermen's and fish farmers' associations; and the 
equipping and building of the capacity of the gove rnment services  in charge of the sector. 
These  activities are aimed at increasing inland fishing production by 15% and doubling aquaculture 
production in the areas covered by the project.  
4.40.   The CEMAC countries are signatories to the international Code of Con duct for Responsible 
Fisheries. According to an evaluation made by C EBEVIRHA in 2004, the progress achieved relates, 
in particular, to the following aspects: taking the provisions of the Code into account in national 
legislation, commencement of the proces s of ratification of certain international agreements21, 
surveillance of fishing activities, and the organization of projects in the sector.  
4.41.   Within the framework of the Regional Economic Programm e, it is planned to establish 
a Community fishery development centre on the Island of Annobon in Equatorial Guinea. 
Implementation, initially envisaged for 2009 in CEBEVIRHA's a ction plan, was postponed 
until 2013.  
4.42.   At ECCAS level, the Regional Fisheries Committee for the Gulf of Guinea (COREP) is the 
specialized body  in charge of fishing matters. Established in 198422, COREP's objectives are 
to coordinate, harmonize and develop the exploitation of fisheries in the exclusive economic zones 
of the member countries. Since becoming an ECCAS specialized institution in 2007,  COREP has 
made possible the adoption of a strategic action plan based on the Code of Conduct for 
Responsible Fisheries and covering the period 2009 -2015. COREP is also in charge of implementing 
the Programme ACP Fish II, a European Union programme aimed a t improving fishery 
management in the ACP countries.  
4.2  Mining and energy  
4.43.   With the exception of Equatorial Guinea, all the CEMAC countries are parties to the 
Extractive Industries Transparency Initiative (ITIE). The Central African Republic was recognized 
as being in conformity with the ITIE in 2011 and is the only country with this status in  the 
subregion.23 
4.44.   A Standing Commission for Energy and Mining (COPEM) was established in March 2006 but 
it is not yet operational.24 Specifically, the Commission is responsi ble for preparing any measure 
aimed at promoting Community policies in these sectors, monitoring cooperation at the various 
levels (national, subregional and international) and studying any question  relating to these sectors, 
as well as for following up th e regulations and, if necessa ry, proposing improvements. 
The Commission is intended to be composed of experts from the ministerial departments 
concerned, the private sector and civil society, together with r epresentatives of CEMAC. In  the 
mining sector, an  ad hoc committee composed of subregional mining experts is in process of 
preparing a  document on the harmonization of the nation al regulations with a view to  a 
Community mining code. Likewise, an ad hoc energy committee has  been set up. It  is composed of  
national electricity company executives and the directors -general in charge of  energy in  the 
ministries.25 
4.2.1   Petroleum and gas products and coal  
4.45.   With the exception of the Central African Republic, all the CEMAC countries are petroleum 
exporters (Chapter 1). P roven reserves of natural gas were estimated at 302 billion m3 in 2007. 
Equatorial Guinea is currently the principal natural gas producer.  
                                                
21 These are the Agreement to Promote Compliance with International Conservation and Management 
Measures by Fishing Vessels on the High Seas (FAO, 1993) and the Agreement for the Implementation of the 
Provisions of the United Nations Convention on th e Law of the Sea of 10 December 1982 relating to the 
Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN, 1995).  
22 Convention on the Regional Development of Gulf of Guinea Fisheries signed on 21 June 1984 at 
Librevill e (Gabon).  
23 EITI online information. Viewed at: http://eiti.org/fr  [31 January 2013].  
24 Regulation No. 12/06 -UEAC -171-CM-14 of 11 March 2006 establishing the Standing Commission 
for Energy and Mining (COPEM).  
25 Since 200 8 this committee has participated in the meetings organized within the framework 
of CEMAC's intensive peri -urban electrification and energy planning  projects.  WT/TPR/S/285 • CEMAC  
 
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  4.46.   There are no Community regulations in the mining sector. However, it occupies an  
important place in the PER. The Comm unity intends to expand the existing infrastructure in order 
to become a prominent player at regional and world market level s. Thus, it  is planned to install in 
the Congo, by 2015, a refinery with an annual capacity of 8 to 10 million tonnes equipped with 
storage infrastructure. Gas cylinder manufacturing and LPG filling plants will also be set up. Where 
natural gas is concerned, the annual capacity of the existing liquefaction plant in Equatorial Guinea 
will be increased to 8 million tonnes by 2015.  
4.2.2   Energy  
4.47.   The coordination of national energy policies features on the UEAC work programme 
(Convention governing the UEAC, Article 2(d)). In this sector, the Council of Ministers is 
responsible for recommending the approach to be taken by the States to the formulat ion and 
implementation of a common energy policy.  
4.48.   According to the PER, CEMAC has the third largest hydroelectric potential in Africa, 
estimated at 33 GW, with two thirds of it located in Cameroon. Considering that the installed 
capacity is 1,009 MW, this potential is underexploited. Peri -urban electrification is often lacking 
and, outside Cameroon and Gabon, rural electrification is almost non -existent.  
4.49.   Within the framework of the ACP-EU Energy Facility, the European Union is cofinancing the  
CEMAC Energy F acility , a project that aims to improve access to electricity in peri -urban and rural 
areas.26 Launched in November 2008 for a three -year period, thi s project has two components: 
a planning component and an "intensive peri -urban electrification" component. The planning 
component is intended to improve energy planning capacity in  the subregion by introducing 
a Community energy information system. It is benefiting from the technical support of the G TZ 
and IOF. The project has been extended to December 2013.  
4.50.   The "intensive peri-urban electrification" component includes a " planning" chapter and 
a "connection" chapter. At the planning level, the programme is financing a number of project 
feasibility studies. According to a report by the ECA Subregional Office for Central Africa27, 
the following projects are being examined: the Dimoli (120 MW), Memve'élé (20 MW) and Fe II 
(36 MW) hydroelectric power plants. Since 2012, CEMAC has been implementing an energy 
information system in the Central African Republic and the Congo. This system is intended to 
enable these countries to draw up their energy balance sheets in accordance with international 
standards. Under the connection chapter it is planned to make 57,000 su bsidized connections, 
including  20,000 in Cameroon, 10,000  in the Central African Rep ublic, 9,000 in the Congo, 
5,500  in Gabon, and 12,000 in Chad. The connections objective is still far from having been 
achieved (see country annexes).  
4.51.   The goal of the Regional Economic Programme is to exploit the strong existing hydroelectric 
potential and to interconnect the power networks of the member States to create a regional 
electricity market. The installed power generation capacity will be raised to 25,000 MW by 2025. 
This energy should come mainly from hydroelectric (70% ) and thermal sources (25%). This should 
make it possible not only to ensure regional self -sufficiency bu t also to export the surplus 
to Nigeria and West Africa, via a link with the West African Power Pool (WAPP ). 
4.52.   More than a score of power generating proj ects have been identified. The construction 
of two gas -fired power stations in Cameroon (Kribi and Limbé) and one in the Congo 
(Pointe  Noire), plus hydroelectric dams in the Central African Republic (Boali 2 a nd Boali 3 
extension) and  the Congo  (Imboulou) were envisaged for 2010 (see country annexes).  
4.3  Manufacturing sector  
4.53.   Manufacturing in the CEMAC zone is in an embryonic state. The industrial fabric is located 
mainly in Cameroon and to some extent in the Congo. According to UNIDO statistics (Table 4.4), 
manufacturing sector value added accounted for 12.9% of CEMAC GDP in 2010, which is more 
than the African average of 10.4%. However, this figure conceals a sharp disparity at country 
                                                
26 Online information. Viewed at: http://www.cemac -energie.org . 
27 ECA (2011a).  WT/TPR/S/285 • CEMAC  
 
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  level, as it varies over a range extending from 4.4% in Gabon to 19.7%  in Cameroon. 
As compared with 2005, the manufacturing sector's value added as a percentage o f GDP has 
increased slightly in  the Congo, stagnated in Gabon, and fallen i n the other countries 
(with the exception of Equatorial Guinea where it has risen from 7.6 to  17.7%).  
Table 4.4 Trend in manufacturing value added as a percentage of GDP, 2000 -2010  
(per cent)  
 Cameroon  Congo  Gabon  Equatorial 
Guinea  CAR Chad  CEMAC  Africa  
2000  19.3 3.5 3.7 1.4 6.6 8.6 11.1 11.2 
2005  20.8 5.1 4.4 7.6 6.7 5.8 11.8 10.5 
2010a 19.7 5.3 4.4 17.7 6.6 5.2 12.9 10.4 
a Estimates.  
Source:  United Nations Industrial Development Organization (UNIDO) Statistical Country Briefs , online 
information. Viewed at (31 January 2013): http://www.unido.org/index.php?id=1002110 . 
4.54.   The industrialization of the economies is being held back by a relatively unattractive 
business environment (Chapter 2). Within the framewo rk of the implementation of  the 
Africa n Productive Capacity Initiative (adopted by the African Union in 2004), the Mini sters in  
charge of  industry in the CEMAC zone decided to develop a support programme for productive 
capacity building, business upgrading and the development of a regional qua lity system. Within  
this context and in conjunction with the negotiations conducted wit hin the framework of  the EPA, a  
regional restructuring and industrial upgrading pro gramme was drawn up by UNIDO in  2007.28 
This programme covers the ten ECCAS countries a nd consists of the following three  components: 
support for the upgrading and improv ement of the competitiveness of  industries and related 
services; building quality infrastructure capacity; and capacity creation/building for the institutions 
and technical struct ures established to develop and  perpetuate the programme.  
4.4  Postal, telecommunications and broadcasting services  
4.4.1   Telecommunications and broadcasting  
4.4.1.1   Overview  
4.55.   The mobile phone network continued to develop rapidly in the CEMAC countries during the 
period  2005-2010 (Table 4.5). In Gabon, teledensity doubled and now exceeds the average 
for Sub-Saharan Africa, with 107 mobile lines per 100 inhabitants (though multiple subscriptions 
are common). Likewise, it increased sharply in the Congo and in Equatorial Gu inea. It is below the 
average for Sub -Saharan Africa in Cameroon. In the CAR and Chad, low incomes continue to limit 
the growth of the mobile telecommunications market and services (see country annexes).  
4.56.  Overall, the CEMAC member States have a low fixed te ledensi ty (less than 2.5 lines 
per 100 inhabitants), partly because of the still very limited acc ess to electricity (see  
country  annexes).  
                                                
28 UNIDO (2007).  WT/TPR/S/285 • CEMAC  
 
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  Table 4.5 CEMAC: telecommunication s services indicators, 2005  and 2010 
 Fixed telephony  Mobile telephony  Internet  
  Number of lines  
per 100 inhabitants  Number of lines  
per 100 inhabitants  Percentage of individuals  
using the Internet  
  2005  2010  2005  2010  2005  2010  
Cameroon  0.6 2.5 12.8 41.6 1.4 4.0 
CAR 0.2 0.3 2.5 23.2 0.3 2.3 
Congo  0.5 0.2 15.8 94.0 1.5 5.0 
Gabon  2.9 2.0 53.7 106.9 4.9 7.2 
Equatorial Guinea  1.6 1.9 15.9 57.0 1.1 6.0 
Chad 0.1 0.5 2.1 23.3 0.4 1.7 
Sub-Saharan Africaa 3.0 3.1 13.7 51.7 3.2 8.3 
a Simple average of 47 countries.  
Source :  National auth orities (Gabon); and ITU (2011), World Telecommunication/ICT Indicators 
Database  2011, 15th Edition.  
4.57.   Although where telephony is concerned, competition has clearly increased and users are 
benefiting from lower tariffs and higher -quality services, the Inter net is still expensive and 
uncompetitive. The percentage of individuals using the Internet is increasing in all the countries, 
but still remains below the average for Sub -Saharan Africa.  
4.58.   None of the CEMAC member States has made specific commitments on tele communications 
under the GATS, and none participated in the negotiations on telecommunications services that 
took place within the WTO following the Uruguay Round and concluded in 1997. However, the 
national legislations applicable to this sector do not co ntain any speci al restrictions with respect 
to market access for foreign providers.  
4.4.1.2   General regulatory framework  
4.59.   Mobile phone services are generally open to competition, in particular from abroad. 
This is not yet the case with fixed -line telephone services , which remain a  public monopoly in most 
of the States. Efforts at CEMAC level to create a common regulatory framework have not yet  
materialize d at national level. Within CEMAC, the telecommunications services market remains 
fragmented, since the Community  framework has not been put in place by the national authorities. 
Some operators are active in several CEMAC countries, but none o f them provides 
a regional  service.  
4.60.   Several projects to harmonize telecommunications servic es have been on the back burner  
since 1999. For example, the Central African Telecommunication Regulators Association  
(ARTAC)29, based at Yaoundé, is supposed to harmonize the r egulatory framework in  order to  
arrive at common telecommunications  legislation. A technical regulation committee i s planned but 
not yet in place.  
4.4.1.2.1   Concessions, licences, market access and competition  
4.61.   In each CEMAC member State, the Ministr y in charge of telecommunications oversees the 
formulation and implementation of a sectoral telecommunications policy. On the advice  of the 
regulatory body, it approves and grants concessions, licences and permi ts, generally by means 
of a decree, except in the case of a few services (mainly private networks) where only a simple 
declaration is required (see country annexes).  
4.62.   In general,  the Ministry responsible for telecommunications allocates radio -frequency bands, 
whereas the regulatory body manages the frequencies and collects  the fees associated with their  
use. There is no radio -frequency management system at regional level.  
                                                
29 Online information. Viewed at: http://www.artac.cm . WT/TPR/S/285 • CEMAC  
 
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  4.63.   A conces sion or permit may be granted for one or more o f the following services: 
fixed telephony; mobile telephony; international services; and the Internet. It may be allocated to 
one or more legal persons of public or private law, by mea ns of agreements specifyi ng, 
in particular, the rights and obligations of the concession holder. The concession may cover, 
inter alia, the establishment of telecommunications networks between fixed points open to the 
public, the establishment of sound broadcasting signal transport  infrastructure, and global satellite 
telecommunications systems.  
4.64.   In general, the new national regulatory frameworks liberalize the mobile telephone services 
market segment and open up the path for the conclusion of public/private partnerships for network 
management and development. However, in most of the member States, the historical operator 
continues to hold a legal or de facto monopoly over fixed telephony (see country annexes).  
4.4.1.2.2   Community strategy  
4.65.   In 2005, CEMAC adopted an information and communica tion technology strategy 
called  e-CEMAC 2010. It is aimed at "integrating the region into the information society" by 
carrying out the following six programmes: (1) harmonization of the regulatory and legislative 
frameworks; (2)  development of the network inte rconnection infrastructure; (3) development of 
sectoral implementing strategies, in particular in trade, health and educati on; (4) promotion of the 
use of  ICTs by SME/SMIs; (5) promotion  of ICT research and development; and (6) capacity 
building for the CE MAC Commission. The strategy was to have been fully implemented by 2010.  
4.66.   The first two sub -programmes are being implemented, but for the other four the process 
has not yet begun. The common regulatory framework applicable to electronic communications 
activities is known as the "Telecom Package" (Box  4.3). Adopted in November 2008, this package 
defines the harmonized framework for network regulation, tariffs, the legal regime governing 
activities, user protection, and the universal service.30 It also creates a Community regulatory 
body responsible, in particular, for promoting cooperation between the national regulatory 
authorities. The question of the organization and operation of this committee has still to be 
decided. On the other hand, the national regulat ory authorities a re functioning in all 
the CEMAC  countries.  
4.67.   Where infrastructure is concerned, an optical fibre telecommunications network 
interconnection project (known as the Central African Backbone  (CAB)), was launched in 2010 with 
the financial suppor t of the African Development Bank and the World Bank. Its objective is to help 
provide the populations of the countries of Central Africa with access to a high -speed internet 
connection and to reduce the costs of communication s services. The first phase of  the project 
involves connecting the Central African Republic and Chad to the SAT3/WASC/SAFE fibre optic 
submarine cable, available at Kribi (Cameroon).31 It should be noted that a fibre optic cable has 
already been laid along the Chad -Cameroon pipeline and  links the Dob a oil field to Kribi. 
The other  countries, in particular, the Congo, Gabon, Equatorial Guinea and the Democratic 
Republic of the Congo, are due to be interconnected in a second stage. Each country is to install its 
own segment and then negoti ate an interconnection agreement bilaterally (see country annexes).  
                                                
30 The Telecom Package will be supplemented by Community regulations on cybersecurity, e -commerce 
and personal data protectio n. 
31 South Africa Transit 3/West Africa Submarine Cable: the SAT3/WASC  submarine cable is a fibre optic 
submarine telecommunications cable linking Europe with South Africa with connections to a number 
of West African countries along the route. Its deployme nt is closely linked with  that of the SAFE cable 
linking  South Africa with India and Malaysia. SAT3/WASC/SAFE as a whole forms part of a single 37 -operator 
consortium. The consortium is currently led by  Telkom SA, which also acts as network manager.  WT/TPR/S/285 • CEMAC  
 
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  Box 4.3 The CEMAC Telecom Package  
The CEMAC Telecom Package is a set of seven directives and regulations aimed at defining a  
harmonized framewo rk for electronic communications activities in the member States. It covers 
the following areas:  
• Regulation: Decision No. 45/08 -UEAC -133-CM-18 creates a technical committee for  the 
regulation of electronic communications (C TR). This body is responsible for  promoting 
cooperation between the national regulatory authorities and establishing a  database 
containing information relating to the regulation of electronic communications. 
The question of the organization and functioning of this committee has still to  be 
decided . 
• Tariff setting and control: Directives No. 08/08 -UEAC -133-CM-18 and 
No. 10/08 -UEAC -133-CM-18 establish the harmonized framework for setting tariffs for  
electronic communication s services in relation to network interconnection and access and 
public services, respectively. In general, fixed telephone tariffs are set by the authorities 
and mobile tariffs by the operators; interconnection agreements are concluded between 
operators and the relevant tariffs are negotiated between the parties concerned (the 
regulatory agencies intervene only in the event of disputes or  anticompetitive practices). 
The national regulatory authorities may control the universal service tariffs and the 
tariffs for services provided by an operator with exclusive or special rig hts or which 
enjoys a dominant position in the market segment f or these services or baskets of  
services.  
• Activity regimes: Directive No. 09/08 -UEAC -133-CM-18 harmonizes the legal regimes 
governing electronic communications activities. It iden tifies the ser vices that may 
be subject to the following different regimes: authorization, declaration, and free 
service. The following services are subject to an authorization regime: establishment 
and/or operation of electronic communications networks open to the publ ic or transport 
networks; provision of public telephone services; utilization of rare resources such as  
radio frequencies, numbering resources and Internet domain names; establishment and 
operation of independent networks; and provision of terminal equipme nt. 
The declaration regime is applicable to the provision of Internet services and value -
added services. All other services are free.  
• User protection: the legal framework for the protection of user rights is establish ed 
by Directive No. 07/08 -UEAC -133-CM-18. The Directive guarantees users a number of  
rights, in particular: protection of privacy, access to information, service quality and 
continuity, the treatment of personal data, and protection against cybercrime. 
It provides for the establishment of simpl e, transparent and free extrajudicial procedures 
at regulatory authority level for the purpose of settling disputes between subscribers 
and operators.  
• Universal service: the harmonized framework for national universal service policies is 
established by Dir ective No. 06/08 -UEAC -133-CM-18. The minimum package includes 
the following services: access to the public telephone network and the Internet; 
availability of public call boxes and access to a Commu nity telecentre; free access to  
emergency services from an y fixed or mobile telephone; possibility of using telephone 
information services and a directory; and special measure s to allow access equivalent to  
the universal service by certain social groups.  
• Network regulation policies: Regulation No. 21/08 -UEAC -133-CM-18 lays down a number 
of common guiding principles for the regulation of electronic communications. 
In particular, they must contribute to the progressive realization of an open and 
competitive market in the sector while safeguarding the public interest . The Regulation 
also defines the tasks of the national regulatory authorities, guarantees their autonomy 
and determines their powers to arbitrate in disputes, conduct inquiries and impose  
penalties . 
Source:  CEMAC online information. Viewed at: http://www.cemac.int . 
4.68.   There are no Community provisions governing the im portation, marketing and use 
of satellite terminals. The national regulatory agencies are responsible for the application of the 
rules on equipment approval and homologation.  WT/TPR/S/285 • CEMAC  
 
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  4.69.   Telecommunications equipment and computers are currently subject to a CET of 10% , 
plus the other duties and taxes levied on imports. In the past, to facilitate access to information 
technologies and the Internet, some member States have a uthor ized, for a given tax year, 
the duty-free admission of computers imported within the context of production activities.  
4.4.1.3   Analysis by service  
4.4.1.3.1   Telephony  
4.70.   Most CEMAC member countries maintain a State monopoly, o ften with a foreign partner, 
on the supply of fixed telephone services. The persistence of public monopolies is more the result 
of the difficulty in reforming these enterprises, making them profitable and attracting private 
investors than of a deliberate policy of public intervention (see country anne xes). 
4.71.   All the member States have introduced a new numbering  scheme. This is eight -digit 
in Cameroon, Gabon, the Central African Republic and Chad, and nine -digit in the Congo.  
4.4.1.3.2   Internet services  
4.72.   Although the demand for internet services is growing rapidly, internet access networks are 
still not very extensive within CEMAC (Table 4.5) and utilization is below the Sub -Saharan 
average. The few households with internet access obtain it either over copper telephone line 
networks or, more often, by satellite.  
4.73.   Because of the lack of infrastructure and competition, th e price of internet services is  
excessive, which explains the low rate of penetration. For example, in the CAR, internet access is 
possible only in Bangui and Berberati, in particular in a few cybercafés  and hotel business centres; 
connections rented to individuals are provided by satellite.  
4.74.   In each of the countries, the Internet access providers must obtain a licence issued by the 
regulatory agency, which specifies the rules and conditions governing thei r activities (see country 
annexes).  
4.4.1.3.3   Universal service  
4.75.   One of the directives adopted by CEMAC concerns the universal service (Box 4.3). Universal 
service o bligations generally include the routing of telephone calls from and to subscri ber points, 
the free ro uting of emergency calls, and the provision of an information service. 
Telecommunications service providers must guarantee nu mber portability and freedom of  choice in 
the selection of national and international connection providers. A universal service fin ancing fund 
should be established in the countries to promote development of the service and indemnify the 
operators responsible for providing it. In practice, the universal service is provided by the historical 
operator. The mobile telephone operators con tribute to its financing through a call tax (see 
country  annexes).  
4.4.2   Postal services  
4.76.   Within CEMAC, the postal services market is characte rized by its dynamism and 
by an anarchical supply of services, numerous private players having emerged as a result of the  
shortcomings of the official operators during the 80s and 90s. For example, many inter -city 
passenger transport companies also offer postal and fund transfer services.  
4.77.   Mail sent through the official postal channels, when they a re operating, generally take s 
a long time to be delivered: an average of two weeks for domestic and three weeks or e ven 
a month for international mail, with a serious risk of getting lost. Accordingly, customers often 
resort to courier services, which are becoming increasingly enterp rising and competitive, 
both in transporting letters and goods and in transferring m oney (see country annexes). 
The informal sector also provides many postal services.  
4.78.   Postal reform has not been a Community objective within CEMAC. Although it features in 
most of the postal laws of the CEMAC member countries, the concept of a universal postal service WT/TPR/S/285 • CEMAC  
 
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  is difficult to apply in countries in which mail is not regularly distributed or collected, with most 
inhabitants having no postal address (country annexes). Ac cording to the legal texts, most 
universal service providers still belong to the States. As mentioned above, although not stipulated 
in these texts, most postal activity is private.  
4.5  Transport services  
4.5.1   Air transport services  
4.79.   The CEMAC countries are all memb ers of the International Civil Aviation Organization 
(ICAO), the International Air Transport Association (IATA), the Agen cy for Air Navigation Safety 
in Africa and Madagascar (ASECNA)32, and the Agency for the Su pervision of Aviation Safety 
in Central Afric a (ASSA -AC).33 ASECNA is responsible for managing  and controlling air traffic at  
airports in its 17 member countries. In some countries, it also  has contracts to manage national 
aviation activities. This is the case with all the CEMAC countries, except Came roon. The traffic 
statistics for the subregion's main airports are reproduced in Table 4.6.  
Table 4.6 Traffic statistics for the main airports  in 2009  
Country (Airports)  Commercial 
movements  Commercial 
passeng ers Freight  
(tonnes)  
Cameroon (Douala, Yaoundé and Garoua)  21,225 537,923 19,242 
Congo (Brazzaville and Pointe Noire)  54,304 1,249,747 190,813 
Gabon (Libreville and Port -Gentil)  35,662 957,658 20,097 
Equatorial Guinea (Malabo)  11,984 373,127 8,558 
Central African Republic (Bangui)  3,492 77,632 1,635 
Chad (N'Djamena)  4,624 132,415 5,828 
Source:  ASECNA. Viewed at:  http://www.asecna.aero/telechargement/Stateaero2009.pdf . 
4.80.   A number of national and regional companies operate in the CEMAC zone: Cameroon 
Airlines Corporation, Trans Air Congo and Equatorial Congo Airl ines (both based in the Congo), 
and Karinou Airlines (Central African Republic). Gabon Airlines and Toumaï Air Chad are no lo nger 
operating. The West African private company ASKY Airlines also serves the CEMAC countries. 
Some large towns and capital cities are served by foreign companies such as Air France, Iberia, 
Swiss, Bruxelles Airlines, Lufthansa, Royal Air Maroc, Kenya Air ways, Ethiopian Airlines, and  
South  African Airways. A Community air transport company is  in the process of being set 
up (Box 4.4). 
                                                
32 ASEC NA online information. Viewed at : http://www.asecna.aero/asecna_administrations.html . 
33 ASSA -AC was established in 2007 by Additional Act No.15/07 -CEMAC and became a CEMAC 
specialized insti tution in July 2012.  WT/TPR/S/285 • CEMAC  
 
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  Box 4.4 The Community air transport company Air CEMAC  
The decision to set up a Community air transport company was taken at the Conference of Heads 
of State in December 2001.34 This decision followed the disappearance of the multinational 
company Air Africa and was intended to fill the void this had left. However, it encountered a lac k of 
enthusiasm, both in the private sector and among States. In fact, while pursuing the Community 
initiative, some States began setting up national companies. Nearly ten years later, a  company 
called "Air CEMAC" was formed with its headquarters and techn ical platform in  Brazzaville 
(the Congo).  
The search for a strategic partnership was a lengthy business. Af ter several failed attempts, 
in 2012 a partnership agreement was finally signed with the group Air France -KLM Royal Dutch  
Airlines. The capital struc ture is in the course of being negotia ted with the new partner. It  is 
intended that Air CEMAC should initially serve the subregion and then progressively extend its 
services to certain African and after that European destination s. The network is in process  of 
finalization.  
Source:  Information provided by the CEMAC Commission.  
4.81.   The Ministerial Declaration of Yamoussoukro define s the conditions for intra -African air 
transport services.35 It eliminates, in principle, all non -physical barrie rs and restrictions r elating 
to the granting of traffic rights, especially fifth freedom rights, between signatories.36 It prohibits 
anti-competitive behaviour with respect to tariff regulation and ai rline designation by States 
and introduces a "Community ownership clause" by v irtue of which in any member State of the 
African Union and any company of another member State is treated in the same way as a national 
company. The Declaration of Yamoussoukro provides for a similar regime for scheduled and 
unscheduled flights (passenger s and all cargo).37 
4.82.   Any wholly or majority foreign -owned company can benefit from the advantages of the 
Decision if it satisfies the eligibility criteria, in particular, if its headquarters, its central 
administration and its principal place of business are  physically located in the signatory State 
concerned.38 The African Civil Aviation Commission (AFCAC) is a specialized institution of the 
African Union responsible for civil aviation matters. One of its current priorities is to reduce the 
particularly high risk of accidents linked with air transport in Africa, which is having an adverse 
effect on its international trade.39 
4.83.   At CEMAC level, there are many texts that govern commercial activities in the air transport 
sector, in particular: the Common Civil Aviati on Code; the Multilateral Air Transport Agreement; 
the law on competition; the legal framework for time slots at airports; the regime of air carrier 
liability in the event of violation of the boarding rules for passengers; and the ground services 
market ac cess regime.  
4.84.   In force since 21 July 2000 and twice revised40, the CE MAC Civil Aviation Code aims 
to harmonize the existing national codes.41 Under the Code, any aircraft  flying over the territory 
of a member State must be insured against the following risks:  civil liability; aircraft hull, 
passengers, baggage, mail and freight; and third -party losses o n the ground (Article 202). 
The exercise of an air transport activity is subject to the prior authorization of the national civil 
aviation authorities. Every op erator must hold an operating licence and an ai r carrier certificate 
issued by  the competent authority (Article 207). Authorized enterprises must submit their 
                                                
34 Additional Act No. 02/01 -CEMAC -066-CE-03 of 8 December 2001 establishing a community air 
transport company in the CEMAC zone.  
35 The Decision was taken under Article 10 of the Treaty of Abuja establishing the African Economic 
Communit y; it was signed in July 2000 and has been in force since 12 August 2002. According to its Article 2, 
the Decision takes precedence over all non -conforming bilateral and multilateral air transport agreements.  
36 The right of an airline to carry passengers, freight and mail between tw o States Parties other than 
the State Party in which it is licensed  
37 WTO document S/C/ W/270/Add.2 of 28 September 2007.  
38 Article 6.9 of the Decision.  
39 Online information. Viewed at: http://w ww.afcac.org . 
40 The latest revision was in 2012.  
41 Regulation No. 10/00 -CEMAC -0066-CM-04 of 21 July 2000 adopting the CEMAC Civil Aviation Code.  WT/TPR/S/285 • CEMAC  
 
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  operating schedules including, in particular, an indication of the types of air craft normally use d for 
each of  the passenger services planned.  
4.85.   At Community level, the operating conditions and procedures for air services are established 
by a 1999 agreement, the Libreville Agreement.42 This Agreem ent allows each member State 
to designate two companies to  operate approved intra -Community air services. It grants these 
companies the necessary operating permit. Any State is free to g rant a designated enterprise 
of another member State the right to serve its territory. States undertake to grant the same 
treatm ent as that reserved for their national companies with regard to the use of airport 
infrastructure, equipment and services, and fees.  
4.86.   Under the Libreville Agreement (and in accordance with the International Air Services 
Transit Agreement (Chicago, 7 Decemb er 1944)), member States unco nditionally grant each other 
overflight and non -traffic landing rights (first and second freedoms). They reserve the free 
exercise of the rights for flights from or to their cities (third and fourth freedoms). As regards the 
fifth freedom, that is, flights to another State with traffic being pu t down and possibly taken 
on in a third State, the Agreement provides for total liberalization after a two -year transition 
period during which the fifth freedom would be limited to a given  proportio n of the 
traffic  (40%  of the previous year's traffic).  
4.87.   The Libreville Agreement liberalized flight frequencies without restrictions. However , 
the companies are responsible for coordinating and harmonizing the operating schedules . 
4.88.   Where cabotage i s concerned, a member State may request the assistance of a designated 
enterprise of another member State to serve its territory. The Agreement also imposes obligations 
on these enterprises. Thus, they are free to set their tariffs, but must endeavour to c harge tariffs 
that are "reasonable, with reference to international tariffs" and abide by the Community r ules 
on competition.  
4.89.   The Agreement on Civil Aviation Safety between the  CEMAC States was adopted 
on 28 October 2010.43 The Agreement reaffirms the com mitment of the States to act in  conformity 
with the provisions of the international legal instruments.44 Member States will also ensure that 
aircraft operators observe the ICAO civil aviation safety provision s, as well as the standards 
and recommended practic es of the Chicago Convention.  
4.5.2   Maritime transport and port services  
4.90.   Maritime navigation activities are regulated by the Community Merchant Marine Code 
adopted in 1994 and then revised in 2001.45 The Code lays down the rules applicable to the vessel, 
navigati on, pollution, the organization of transport operations , the auxiliary professions 
and dispute management. It stipulates that national and subregional cabotage is reserved for 
vessels flying the flag of a member State.  
4.91.   The Code was revised in July 2012. Th e purpose of the revision was to bring it into 
conformity with international standards, in particular the International Ship and Port Facility 
Security Code and the Convention on Contracts for the Internatio nal Carriage of Goods Wholly 
or Partly by Sea (Ro tterdam Rules).  
                                                
42 Regulation No. 6/99 /UEAC/ -003-CM-02 of 18 August 1999 adopting the Agreement on Air Transport 
between the C EMAC Member States.  
43 Regulation No. 06/10 -UEAC -204-CM-21 of 28 October 2010 adopting the Agreement on Civil Aviation 
Safety of the CEMAC Member States.  
44 The texts are as follows: Convention on Offences and Certain Other Acts Committed on Board Aircraft 
(Tokyo, 14 September 1963); Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague, 
16 December 1970); Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation 
(Montreal, 23 September 1971); Protocol for the Su ppression of Unlawful Acts of Violence at Airports Serving 
International Civil Aviation, Supplementary to the Montreal Convention (Montreal, 24 February 1988); 
and the Convention on the Marking of Plastic Explosives for the Purpose of Identification (Montr eal, 
1 March  1991).  
45 Regulation No. 03/01 -UEAC -088-CM-06 of 3 August 2001 adopting the revised Community Merchant 
Marine Code.  WT/TPR/S/285 • CEMAC  
 
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  4.5.3   Land transport  
4.92.   Transport costs in Central Africa are among the highest on the African continent. For Chad 
and the CAR, both landlocked countries, transit costs account for 52% and 33% of export value, 
respectively. The trip from Douala (Cam eroon) - the main region al port and point of entry - to 
N'Djamena (Chad) and Bangui (CAR) by road lasts, on average, 15 and 10 days, respectively, to 
which should be added up to 28 additional days for waiting time in the port of Douala.  
4.93.   The framework for C ommunity transport infrastructur e development is defined by  the 
Central African Consensual Master Plan on Transport (PDCT -AC), a plan stemming from the merger 
of the CEMAC priority integration network46 and the ECCAS Community network.47 The PDCT -AC 
also inc orporates priority infrastructure projects contained in the NEPAD Short -term Plan of Action 
in Central Africa. Adopted by the ECCAS Heads of State in 200448, this plan proposes 184 projects 
considered to reflect the collective needs for transport sector inf rastructure development. 
The objective of the PDCT -AC was, in the short term (by 2010), to make it possib le to drive along 
an asphalted road all the way from one capital to another. In the medium and long term, 
respectively, it aims to establish a consensu al framework for negotiations with a view to  mobilizing  
investment in transport infrastructure and to equip th e subregion with a reliable and  lower -cost 
transport system capable of facilitating economic integration.  
4.94.   Of the 184 projects in the PDCT -AC, 121 are in road transpo rt, 33 in rail 
transport,  28 in maritime and inland waterway transport, and two in air transport.  
4.95.   According to a study carried out by the Cen tral Africa s ub-regional o ffice of the ECA in 2010, 
the asphalted surface ratio of the ECCAS int er-capital links increased from 15% in 2004 to 51% 
in 2010 (Table 4.7). For the CEMAC zone countries, 58% of the length of the inter -capital links are 
said to be asphalted.  
Table 4.7 Asphalted surface ratio fo r inter -capital road links in the CEMAC zone  
Link Total length (km)  Asphalted length (km)  Percentage asphalted 
(%) 
Yaoundé - Libreville  895 895 100%  
Yaoundé - Bata 501 501 100%  
Yaoundé - N'Djamena  1,592 1,592 100%  
Yaoundé - Bangui  1,151 942 95% 
Yaound é - Brazzaville  1,558 701 43% 
Libreville - Brazzaville  1,150 360 31% 
Libreville - Bata 423 120 28% 
Libreville - Bangui  2,198 641 29% 
Brazzaville - Bangui  1,588 638 40% 
N'Djamena - Bangui  1,124 642 57% 
TOTAL  12,180 7,032 58%  
Source:  ECA (2012), Note on the development of transport infrastructure in Central Africa: case of the 
Consensual Master Plan on Transpo rt in Central Africa; Economic Commission for Afri ca, 
Central  Africa s ub-regional office, Document No. ECA/SRO -CA/SE.RI/11/01.c and 
Forum  on Integration, 31  May-1 June, Douala, Cameroon.  
                                                
46 Regulation No. 9/00/CEMAC -067-CM-04 of 20 July 2000 adopting the CEMAC priority integration road 
network.  
47 The ECCAS Communit y network stems from Decision No. 16/CCEG/88 of 27 February 1988 making 
certain national road segments Community trunk roads.  
48 Decision No. 16/ECCAS/CCEG/XI/04.  WT/TPR/S/285 • CEMAC  
 
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  4.96.   At regulatory level, two conventions define the legal framework applicable to inter -State 
road transport: the Inter-State Convention on the Transport of General Cargo  by Road49, 
and the Inter-State Convention on Mul timodal Freight  Transport .50 Adopted in 1996, 
these  conventions define, in particular, the respective responsibilities of the shipper and the carrier 
and identify the information that must be included in transp ort contracts: the "waybill" 
or "multimodal tra nsport declaration", as the case may be. The transport of hazardo us goods 
by road is governed by  regulations adopted in March 1999.51 
4.97.   Since 1989, the CEMAC countries have had a Community Highway Code. The last revision 
dates from 2001.52 Another revision is in progress.  
4.6  Tourism  
4.98.   With regard to tourism, the UEAC Convention gives the Council of Ministers discretion: 
(i) to define mutual information systems in which the countries  can participate with a view 
to coordinating their policies; (ii) to define the measu res that member States can take to develop 
tourism; and (iii) to take joint action to promote tourist routes and ease border controls.53 
4.99.   At a consultation meeting held in Douala in July 2001, the Ministers in charge of tourism 
recommended, among other thing s: the introduction of a Community passport to promote the free 
movement of persons; the establishment of a single visa system  which would enable tourists to  
travel from one State to another on a single visa; and the harmonization of the national 
regulatio ns. A standing commission on tourism has been set up to implement these 
recommendations and propose other measures designed to promote tourism.54 
The recommendations are incorporated in an action plan adopted in 2007. The action plan 
provides for the establ ishment of a network of cross -border protect ed areas and the development 
of Community standards for hotel and restaurant services.  
4.100.   In 2009, the following sites were selected for the protected area network: the Sangha 
Trinational (an area common to the Congo, Cameroon and the Central African Republic), the 
Manovo Ngounda Saint Floris park (Central African Republic), and the Zakouma park (Chad)). The 
project was approved in 2011, and a steering committee has been set up. The project has not 
yet started.  
4.101.   Also within the framework of the action plan, the National School for the Hotel Trade and 
Tourism of Ngaoundéré (Cameroon) was converted into a subregional ins titution in August 2002. 
It was renamed CEMAC School for the Hotel Trade and Tourism (EHT -CEMAC) and i ncluded in the 
list of the Economic Union's specialized institutions.  
4.102.   At another consultation meeting held recently (in 2011), the Ministers in charge of tourism 
drew up a strategy for the development of tourism. Among other things, this strategy includes the 
sustainable development of tourism in the cross -border prote cted areas and the holding 
of a CEMAC international tourism fair. The first of these fairs is planned for 2013 in Cameroon.  
4.103.   At ECCAS level, there is a protocol of cooperation in the field of t ourism. Within the 
framework of this protocol, the countries intend, in particular, to harmonize and coordinate their 
tourism policies and improve transport services and tourism infrastructure and, to the extent 
possible, telecommunications services with t hird States.  
                                                
49 See Act No. 3/96 -UDEAC -574-CE-31 adopting the legal framework for the inter -State transport of 
general cargo by road known as the " Inter-State Convention on the Transport of General Cargo  by Road"  
(CIETRMD).  
50 See Act No. 4/96 -UDEAC -611-CE-31 adopting the legal framework for inter -State multimodal freight 
transport known as the "Inter -State Conve ntion on Multimodal Freight Transport".  
51 See Regulation No. 02/99/UEAC -CM-654 of 25 June 1999 regulating the transport of hazardous goods 
by road in the UDEAC /CEMAC.  
52 Regulation No. 4/01 -UEAC -089-CM-06 of 03 August 2001 adopting the revise d Community 
Highway Code.  
53 Article 44 of the Convention governing the UEAC.  
54 Regulation No. 06/01 -UEAC -092-CM-07 of 5 December 2001 establishing the Standing Commission 
on Tourism in the CEMAC zone.  WT/TPR/S/285 • CEMAC  
 
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  4.7  Financial services  
4.7.1   Insurance  
4.104.   The insurance sector makes only a marginal contribution to GDP  in the CEMAC countries . 
In 2010, life and non -life insurance premiums written represented 1.3% of GDP in Gabon, 
1.1%  in Cameroon, 0.6%  in the Congo, 0. 3% in the Central African Republic and 0.2% in Chad. 
Cameroon and Gabon are the most dynamic markets in the subregion, as evidenced by the 
statistics for premiums written (Table 4.8).  
4.105.   At operator level, the market has both majority locally -owned and majori ty foreign -owned 
insurance groups. The foreign presence is substantial. Most  of the companies belong 
to the Federation of African National Insurance Companies (FANAF).55 
Table 4.8 Trend in insurance premiums wr itten, 2006 -2010 
(CFAF billion)  
  2006  2007  2008  2009  2010  
Cameroon  Non-life 76.3 84.6 84.7 87.3 94.4 
 Life 18.4 22.3 25.2 28.2 30.7 
Congo  Non-life 22.0 25.8 28.2 34.2 28.5 
 Life 0.1 0.3 1.1 1.5 3.2 
Gabon  Non-life 48.1 54.4 57.1 62.1 70.4 
 Life 7.7 9.0 10.3 12.1 12.3 
CAR Non-life 1.8 2.3 2.8 3.0 3.2 
 Life 0.0 0.0 0.1 0.0 0.1 
Chad Non-life 5.1 6.6 5.8 7.9 7.8 
 Life 0.2 0.3 0.4 0.7 0.8 
0.0 Less than CFAF 50 million.  
Source:  FANAF (2012), Le marché de l'assurance en Afrique : données  2006 à 2010,  Federation of  African 
National Insurance Companies, February.  
4.7.1.1   CIMA common regulations  
4.106.   The CEMAC countries are all members of the Inter -African Conference on Insurance 
Markets (CIMA), a regional organization consisting of the 14 C EMAC countries and WAEMU. 
Since 1995, the CIMA Code has been the regulatory framework for all direct terrestrial insurance 
in the member States. The conclusion of marine, river or air insuran ce and reinsurance contracts 
is excluded from the scope of the CIMA Code (country annexes). The  CIMA Code has been 
amended several times since entering into force.  
4.107.   The establishment of a terrestrial insurance company must first be approved by the 
Minister in charge of insurance in each of the countries of establishment, subject to the favourable 
opinion of the Regional Commission for the Supervision of Insurance (CRCA). Foreign companies 
are treated in the same way as domestic companies, apart from having to produce a few additional 
documents. These concern, in particular, the appointment of a genera l agent or a natural person 
able to speak for the company at the local level and the production of a certificate attesting to the 
fact that the company has been established and is operating in its country of origin in accordance 
with the laws of that count ry (Article 328 -6). 
4.108.   The approval of the Minister in charge of insurance is requir ed for any operation leading 
to the transfer of more than 20% of the capital, or to the acquisition of a majority of the voting 
rights (Article 329 -7). The same applies to cha nges in senior management (Article 306), which  
require the approval of the CRCA.  
                                                
55 FANAF was established on 17 March 1976. Its headquarters are in  Dakar. On 31 December 2010, it 
had a membership of 153 insurance and reinsurance companies and tw o motor vehicle guarantee funds (FGA). 
These companies are active in 28 countries. Viewed at: http://www.fanaf.org . WT/TPR/S/285 • CEMAC  
 
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  4.109.   In principle, the companies are free to fix their own insurance tariffs. However, in motor 
vehicle civil liability insurance, a minimum tariff is fixed by the national authori ties and then 
validated by the CRCA (Article 212 of the CIMA Code). Companies must obtain the approval 
of the Ministry in charge of insurance before applying any tariff (Article 304).  
4.110.   The CIMA Code lays down a principle of specialization according to which  the same 
company cannot simultaneously provide non -life and life insurance services.56 At present, 
all but two of the countries are observing this rule.  
4.111.   The Council of Insurance Ministers (CMA) is CIMA's supreme body. The CRCA, whose 
Secretariat is in Libr eville57, is the market  regulator. It is composed of the various national 
insurance directors (DNA). The DNA authorize the exercise of the profession of insurance 
intermediary and supervise the mission of the technical experts. The CRCA performs the importa nt 
task of the stabilizing the sector, in particular by making sure that only sound companies retain 
their approvals. For example, between September 1995 and December 2007, 19 insurance 
companies had all their approvals withdrawn by the CRCA. Between 2008 and 2012, the CRCA 
withdrew eight approvals, including one for an operator established in the CEMAC zone.  
4.112.   Introduced in 2004, Community co -insurance is a step in the direction of market 
harmonization. It facilitates exchanges between insurance c ompanies th rough reciprocity 
or reinsurance agreements, for certain major risks.58 This should make it possible for insurance 
companies operating in different CIMA member States to participate in the co -insurance of risks 
which, due to their nature or scale, necessita te the participation of several regional insurers. 
However, enterprises must first exhaust the national risk -cover ing capacity.  
4.113.   In April 2010, the Council of Insurance Ministers decide d to raise the minimum level of  
equity or initial capital for companies operating in the sector . The aim was to strengthen the  
financial underpinnings and the solvency of these companies and to bring these mi nima closer to  
international prudential standards. Thus, the minimum equity capital of limited liability insurance 
compa nies was raised to CFAF 1 billion (i.e. twice the previous level) and  the initial  capital of 
mutual societies was raised from CFAF 300 million to CFAF 800  million. Enterprises  failing to meet 
this requirement would have to cease their activities.59 
4.114.   The only  compulsory insurance under the CIMA Code is motor vehicle civil liability 
insurance. The CIMA Code does not contain any particular provisions relating to import cargo 
insurance. It leaves the countries free to legislate for themselves in this area. The sa me applies to 
building insurance. In practice, these types of insurance are compulsory in all the CEMAC countries 
(see country annexes).  
4.115.   It is prohibited, unless an express waiver can be obtained  from the Minister in charge 
of insurance, to take out direct  insurance with a foreign com pany (including one situated 
in another member State) not approved on the national territory: the risks located in a given 
country must be covered by companies approved in that country. Any requ est for approval 
submitted by  a foreign company (i.e. a company whose registered office is located outside the 
country) must be justified by its ownership in the country of a subsidiary w hich it chooses for 
purposes of  performance and jurisdiction (Article 328).  
4.116.   At present, the CIMA Code makes no provision for single approval but this is being 
considered. In 2012, the Code was amended to cover micro -insurance operations.60 
                                                
56 Article 326 du Code des assurances of the CIMA.  
57 Online information. Viewed at: http://www.cima -afrique.org . 
58 This principle was introduced by Regulation No. 004/CIMA/PCMA/PCE/SG/04. Viewed at:  
http://www.fanaf.org/IM G/pdf/Etats -generaux -nonvie -20060729 -coass -communautaire.pdf . 
59 Online information. Viewed at : http://www.cima -afrique.org/hc.php?hcl_id=1361 . 
60 Regulation No. 0003/CIMA/PCMA/PCE/2012 of 5 April  2012 organizin g micro -insurance operations in 
the CIMA member States.  WT/TPR/S/285 • CEMAC  
 
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  4.7.1.2   Reinsurance  
4.117.   Reinsurance is excluded from the scope of the CIMA Code and companies set up for the 
exclusive purpose of r einsurance do not need to request approv al (Articles 300 and 326 of  the 
CIMA Code). The provisions of the CIMA Code are not very well developed as regards fronting, 
even though these provisions require that any cession abroad involving more than 75% of a r isk 
located on the territory must obtain the authorizati on of the Minister in charge of  insurance.61 
In general, no authorization is required for the br anches of insurance relating to  motor vehicles 
and rail, air and maritime transport.  
4.118.   In 1981, in particul ar to prevent risks from being reins ured outside the subregion, 
the CIMA countries set up a regional reinsurance company: the Common Reinsurance Company 
of the CIMA Member States (CICA -RE). Under the agreement establishing the CICA-RE, 
each member State gu arantees it the legal cession of 15% of the reinsurance contracts signed 
by national companies and 5% of the direct premiums relating  to all branches (except for the 
motor vehicle branch) collected by foreign -law companies. In 201 1, these cessions accounte d 
for 30.7% of turnover.  
4.119.   The initial capital of CFAF 600 million has steadily increas ed, reaching CFAF 10 billion 
in April 2009. This process has mainly been driven by the incorporat ion of profits. The States 
hold 73.2% and the private sector 26.8%. Collec tively, the CEMAC countries hold 32.6% of the 
capital, including 14.7% for Cameroon, 6.5% for Gabon, 5.8% for the Congo, 2.9% for Chad, 
and 2.6% for the Central African Republic. In 2009, the Finance Ministers  of the member 
States  adopted a  strategic devel opment plan for the period 2009 -2020 aime d, in particular, at 
opening up  shareholding to a private partner and reducing the States' share to 51% of the capital.  
4.7.1.3   Insurance brokers and agents  
4.120.   Under the CIMA Code, only nationals of a member State  may exercise  the profession of  
general agent. However, the profession of insurance broker is free of restrictions. The Minister 
responsible for insurance approves brokers at national level and mai ntains a list of brokers, 
which  is published and passed on to the CRCA.  
4.7.1.4   Initiatives at CEMAC level  
4.121.   In 1996, the countries introduced an international motor vehicle civil liability insurance 
card known as the "CEMAC pink card".62 Compulsory for all motorists, this card enables any driver 
visiting another member country to be sui tably insured against the civil liability risks that he might 
face as a result of accidents that occur in the country of destination. It does not provide 
supplementary cover, but serves rather to facilitate rapid processing and a fair settlement in the 
event of an accident.  
4.122.   The CEMAC pink card is managed by a system consisting of the national offices in each 
country, the approved insurance companies, and an Offices Council responsible for supervision and 
coordination. The cost of the card is determined by t he national offices. The resources generated 
by this operation fully offset their operating costs and those of the Offices Council.  
4.123.   Studies have been carried out with a view to the establishment of a Community 
reinsurance company within CEMAC.  
                                                
61 This does not apply to insurance linked with damage sustained by rail, air, maritime, lake and river 
vehicles, or to the civil liabilities stemming from their use.  
62 Act No. 02/96 -UDEAC-500-CE-31 of 5 July 1996 approving the Memorandum of Agreement creating 
an international motor vehicle civil liability card in the UDEAC . WT/TPR/S/285 • CEMAC  
 
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  4.7.2   Banking sect or 
4.7.2.1   Banking system  
4.124.   As of 31 December 2010, the CEMAC banking system c omprised 43 active banks with a  
cumulative capital of CFAF 372.3 billion (Table 4.9). The growth of the banking sector has 
accelerated since 2009, and the number of active banks should amo unt to  48 in 2012.  
4.125.   The sector continues to suffer from prudential supervision problems . According to the 
Central African Banking Commission (COBAC), the sector's  supervisory body, one of the reasons 
for this is the weakness of its mate rial and human resour ces. These  factors are preventing it from 
carrying out inspections and detecting potential failures in  good time. Moreover, COBAC considers 
that rulings of the CEMAC Court of Justice against some of its decisions, as well as sometimes 
abusive challenges di rected against its acts, are having potentially damaging consequences for the 
stability of the CEMAC banking system.63 The International Monetary Fund (IMF) has stressed the 
urgent need to improve coordination between the national and regional banking super visory 
authorities.64 
Table 4.9 Network and capital of banks active as of 31 December 2010  
 Microfinance  
institutions  Banks  
Number  Equity capital 
(CFAF million)  Number of 
banks  Number of 
windows  Equity capit al 
(CFAF million)  
Cameroon  495 .. 12 164 102,214 
CAR 19 .. 4 21 19,627 
Congo  62 .. 6 50 35,011 
Gabon  10 .. 9 47 147,081 
Equatorial Guinea  0 .. 4 14 27,220 
Chad 172 .. 8 39 41,166 
Total  758 .. 43 335 372,319 
.. Not available.  
Source:  COBAC (2011), Rapport annuel 2010. Yaoundé, Cameroon.  
4.126.   CEMAC also has a flourishing microcredit market due to the inability of the traditional 
banking system to provide financing for small and m edium -sized enterprises. There are 758 
microfinance institutions, mostly in Ca meroon and, to some extent, Chad (Table 4.9). The main 
products offered by the CEMAC microfinance institutions are savings, credit, fast money transfers - 
the fastest growing product - and banking operations such as cashing cheques. Ancillary business 
such as the sale of insurance products and the payment of wages is also  being developed. On 
account of  the microeconomic nature of their activities, microfinance institutions are not at the 
centre of the international trade in financial services. Donors remain  the preponderant source of 
their capital. However, these institutions can play an important role in assisting national operators 
to obtain finance for exporting or importing or for producing tradeables.  
4.127.   In Central Africa the rapid transfer of funds is a f lourishing activity, with many money 
transfer companies, domestic and foreign, such as Western Union and Money Gram, opening up. 
The public postal services operators, microfinance and banking institutions, inter city bus 
companies and specialized companies are all competing in this market.  
4.7.2.2   Community regulations  
4.128.   Banking and financial activities are under the general authority of the monetary institute, 
the Bank of Central African States (BEAC). The activities of the credit institutions are also subject 
to the  common banking regulations stemming from the Convention establishing the Central African 
Banking Commission (COBAC). COBAC's mission is to monitor the operating conditions of the 
credit institutions and the soundness of  their financial situation. The  conditions of establishment 
are the same for foreign and domestic banks.  
                                                
63 CEMAC (2012b). 
64 IMF (2012 b). WT/TPR/S/285 • CEMAC  
 
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  4.129.   Credit institutions are approved by the Minister in charge of finances of each member 
State, advised by COBAC. The minimum capital requirement for a banking establishment was 
harmonized a t CFAF 5 billion (€7.5 million) in June 2010; at the end of 2011, ten or so banks, 
including five in Cameroon, were in breach of this rule.  
4.130.   Foreign banks must be registered in each of the memb er States in which they wish to  
carry on banking activities.65 However, in November 2000, the CEMAC Ministerial Committee 
adopted the "Single Approval".66 This system, which entered into force in 2002, allows a bank 
approved in one of the member States to open branches or agencies in the other member States, 
without bein g required to complete the administrative formalities relating to approval in each 
country, in particular, the provisions concerning the legal form  of the credit institution, the  
composition of its capital, or the procedure for appointing senior managemen t. According  to 
COBAC, which issues the approval, only tier 1 and 2 banks and financial institutions, in other 
words those having a "solid" and a "good" financial situation, respectively, can benefit from this 
new system.67 
4.131.   Foreign financial institutions may  have a representative office in a member State, provided 
that the managers are nationals of a member State and reside in the country.  
4.132.   The banks in the member States fix interest rates within the limits set by the BEAC. 
The BEAC fixes the ceiling borrowing  rates and the floor loan rates. In 2008, the ceiling rate was 
abolished and the floor rate was fixed at 3.25%. The average rates a s applied by the banks 
in April 2009 are particularly high for SMEs and private individuals (Table 4.10).  
Table 4.10 Average global effective rates applied by the banks (April 2009)  
(per cent)  
 Large  
enterprises  SMEs  Individuals  
Cameroon  8.67 13.06 13.15 
CAR 11.03 14.41 16.49 
Congo  9.49 12.97 13.63 
Gabon  8.15 12.80 15.76 
Equato rial Guinea  9.54 14.33 14.81 
Chad 11.08 13.44 14.70 
Source:  COBAC (2009), Architecture de la tarification  des services bancaires dans la  CEMAC,  April. 
Viewed  at: http://www.beac.int/download/art arif_2009.pdf . 
4.133.   The foreign exchange regulations require the banks to charge a maximum transfer 
commission of 0.25% for transfers made in CEMAC and 0.50% for transactions outside CEMAC. 
Moreover, they set limits on the commissions that can be collected wit hin the context of manual 
exchange operations. For these operations, the credit institutions may not  charge commission 
higher than 4% for franc zone notes or 10% for other currencies.  
4.7.3   Financial markets  
4.134.   The Central African Financial Market Supervisory Commi ssion (COSUMAF) is the authority 
set up to oversee, regulate and monitor the regional financial market.68 It is responsible for the 
protection of savings invested in financial assets, investor information and the smooth functioning 
of the market.  
4.135.   The financ ial market is characterized by the existence of two stock markets: a Community 
market, the Central African Regional Stock Exchange (BVMAC)  and a Cameroon market, 
the Douala Stock Exchange (DSX). It also has two regulatory bodies. The BVMAC is o verseen 
by COSUMAF and the DSX by the Financial Markets Commission (CMF). The DSX and the BVMAC 
commenced activities in 2006 and 2008, respectively.  
                                                
65 Article 5 of Ordinance No. 85/002 of 31 August 1985 on exercising the activity of  credit institution.  
66 Regulation No. 01/00/CEMAC/UMAC/COBAC of 27 November 2000 establishing the sing le approval 
of credit institutions in the Central African Economic and Monetary Community.  
67 Online information. Viewed at: http://www.beac.int/download/agreuniquecemac.pdf . 
68 Regulation No. 06/03 -CEMAC -UMAC of 11 November 2003 on th e organization, functioning and 
supervision of the Central African financial market.  WT/TPR/S/285 • CEMAC  
 
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  4.136.   According to COSUMAF, the major challenges facing the development of the market 
include the weakness of the stock marke t culture, the limited dissemination of stock market 
information, the low level of professionalism among the players and the difficult conditions 
of access for SMEs.69 Moreover, it is not possible by examining interest rates to plot a rate curve 
capable of guiding potential players in their decision -making.  
4.137.   The coexistence of two competing stock exchanges in such a  restricted financial market 
is another brake on its development. In 2010, the CEMA C Heads of State gave COSUMAF 
a mandate to rationalize them. It  was within the context of this mandate and a technical 
assistance initiative that, in 2011, the African Development Bank carried out a study which made 
three proposals for rationalization. One of the solutions envisaged was for the regional ex change 
to specialize in bonds and the DSX in shares.  
4.8  Professional services  
4.138.   The initiatives to harmonize the conditions governing a n umber of professions go back 
to the UDEAC  period. A fee is charged for handling the approval  dossiers for certain 
Community -regulated pr ofessions.70 This fee is CFAF 250,000  for natural persons and 
CFAF 1 million for legal persons of Community origin. The rate is twice as much for persons 
of non-Community origin. The professions described below are subject to Community regulations.  
4.8.1   Inter -State general road haulage operator  
4.139.   The profession of inter -State road haulage operator is governed by the Regulations on the 
conditions of access to the profession of inter -State general road haulage operator.71 These  
regulations restrict the exercise of the  profession to national road haulage operators duly 
authorized by the Ministry responsible for transport in the State of residence and approved by the 
CEMAC Commission. To obtain approval, the haulage operator must belong to a customs bond 
system and submi t to the Ministry responsible for transport a dos sier comprising: an 
application  indicating the routes to which the approval should apply; a n ational road 
haulage  operator's  permit; evidence of payment of the dossier handling fee  amounting to CFAF 
100,000;  and insurance certificates, copies of vehicle registration docu ments, and technical 
inspection  certificates.  
4.140.   In addition, natural persons must provide a copy of their pol ice record and a certificate 
of good standing with the tax authorities. Legal persons  must also pr ovide a copy of the articles 
of association and a receipt for their deposit with the court registry, the police record of the 
manager, a copy of the legal notice, a copy of the record of the i ncorporation meeting, a copy 
of the entry in the co mmercial register, evidence of payment of business tax, and a business plan.  
4.141.   After examining the dossier, the Ministry responsible for transport grants provisional 
approval. This is valid for six months, once renewable. It then tra nsmits the dossier to the  
CEMAC  Commission, which has 10 months within which to rule. An inter -State committee 
examines the approval and gives its opinion to the Council of Ministers. If the opinion is 
favourable, the Council of Ministers may grant approval for a peri od of five ye ars. A register 
of approved road haulage operators is maintained by the transport ministries of the individual 
States and the CEMAC Commission.  
4.8.2   Profession of tax consultant  
4.142.   The Regulations governing the profession of tax consultant were first adopted in 19 84, 
following the work done by the UDEAC  Standing Commission on accountancy standardization . 
                                                
69 COSUMAF (2009).  
70 See Deci sion No. 09/11 -UEAC -210-CM-22 of 19 December 2011 establishing the arrangements for 
the approval services provided by the CEMAC Commission.  
71 Regulation No. 15/03 -UEAC -612-CM-11 of 12 December 2003 adopting the regulations on the 
conditions of access to th e profession of inter -State general road haulage operator and the Corrigendum 
adopted by Regulation No. 12/09 -UEAC -612-CM-20. WT/TPR/S/285 • CEMAC  
 
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  They were last revised in 2009.72 The revised Regulations redefine th e tasks and responsibilities 
of tax consultants and relax and clarify the conditions of access to the profession, as well as the 
conditions of exercise of the profession in society.  
4.143.   Access to the profession by foreign nationals depends on the existence of a reciprocity 
agreement with the country of origin and the possession of a perm it to reside per manently in  one 
of the member States. Under these conditions, foreigners  may e stablish a tax consultancy with  
CEMAC  nationals, provided that the latter represent a two -thirds majority in terms of numbers and 
capital investment.  
4.144.   The procedure for obtaining approval involves the submissi on of an application dossier 
to the Ministry in charge of finance in the State of residence. The Ministry examines the dossier 
and transmits it to the CEMAC Commission with its opinion. Approval is granted by the Counci l 
of Ministers for an indeterminate period and is valid in all the countries. The exercise of the 
profession is overseen, at national level, by a national associa tion of tax consultants and, 
at Community level, by a higher council of national associations.  
4.8.3   Accoun tancy professionals  
4.145.   The harmonization of accountancy professionals dates from 1970 and the adoption of 
Act No. 4/70 -UDEAC -133 of 17 November 1970 on the Regulatio ns governing the profession 
of accountant, last revised on 5 December 2001.73 This text governs  the exercise of the 
professions of chartered accountant, statutory auditor, and legal expert in accountancy.  
4.146.   To exercise the profession  of chartered accountant it is nece ssary to obtain the approval of  
the Council of Ministers. The procedure for obtaining  approva l involves the submission of  an 
application dossier to the Ministry in charge of finance of the State of residence. The Ministry 
examines the dossier and transmits it to the CEMAC Commissio n with its opinion. Approval is  
granted by the Council of M inisters for an indeterminate period and is valid in all the member 
countries. The exercise of the profession is overseen, at national leve l, by a national association of  
chartered accountants and, at Community level, by a higher council of national associ ations.  
4.147.   Foreign nationals are not authorized either to exercise th e profession individually or  to join 
together to set up an accountancy firm. However, they may work as salaried employees in an 
accountancy firm or set up an accountancy firm with CEMAC nati onals, provided that the latter 
represent a two -thirds majority in terms of numbers and capital investment.  
4.148.   Only chartered accountants and accountancy firms  may perform the functions 
of a statutory auditor. The profession of legal expert in a ccountancy is also reserved 
for accountants approved by the Council of Ministers. The latter must be enrolled on a list 
maintained by the ordinary court or court of appeal which seeks their expertise.  
4.8.4   Approved customs clearing agents  
4.149.   The profession of approved customs c learing agent is governed by an Act adopted in 1981 
and last amended in 2010.74 It is open to foreigners on condition that nationals of one of the 
CEMAC States benefit from the same concession in the foreign country.  
4.150.   Anyone wishing to become an approved cus toms clearing agent must be able to provide 
a bank guarantee, the amount of which is fixed by a national consultative committee (but may not 
be less than CFAF 25 million), and belong to a union, group, federation or any other corporate 
body associated with  the exercise of the profession. The application for approval must be 
forwarded to the national consultative committee of the State in  which the individual wishes 
                                                
72 Regulation No. 13/09 -UEAC -CM-20 of 11 December 2009 revising the regulations governing the 
profession of tax consultant and Regu lation No. 07/11 -UEAC -051-CM-22 amending Articles 9 , 35 and 42 
of the Regulation.  
73 Regulation No. 11/01 -UEAC -027-CM-07 of 5 December 2001 revising the Regulations governing the 
activities of accountancy professionals.  
74 See Act No. 31/CD -1220 of 14 December 1981 establishing the Regulations governing the profession 
of approved customs clearing agent and Regulation No. 11/10 -UEAC -207-CM-21 of 28 October 2010 amending 
the Act.  WT/TPR/S/285 • CEMAC  
 
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  to carry on the profession. This committee gives its opinion and passes on the dossier  
to the CEMAC Commission, which enters it on the agenda of the UEAC Council of Ministers.  
4.151.   Approval is granted for an indeterminate period and is valid throughout the Community 
territory. However, it specifies the office or offices in which the individual m ay exer cise the  
profession. To operate in an office other than that for which approval was granted, the individual 
must obtain the approval of the national consultative committee. In 2012, 29 approvals were 
granted, ten in Cameroon, 15 in the Congo, one in the Ce ntral African Republic and three  in Chad.  WT/TPR/S/285 • CEMAC  
 
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