N°_______________  
 
G/SECRET/36  
 
 3 October 2013  
(13-5327)  Page: 1/268  
 Original: French  
 
  NEGOTIATIONS UNDER ARTICLE XXVIII:4 
COMMUNICATION FROM GABON 
The following communication, dated 23 September 2013, is being circulated at the request of the 
delegation of Gabon. 
 
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In a bid to accelerate its development and in strict compliance with its international commitments, 
including at the WTO, Gabon is pursuing its economic restructuring and diversification process and the improvement of its business environment. 
 
This is attested by numerous socio-economic  and trade reforms, the results of which 
should be discernible in the near future. To thes e Gabon will add the 100% binding of tariff lines 
at the conclusion of the Uruguay Round. 
 The observations submitted to Gabon during  the trade policy reviews of 2001 and 2007, 
w i t h  r e g a r d  t o  t h e  e x c e s s  o v e r  b o u n d  t a r i f f s  o n  3 8 %  o f  l i n e s  a s  a  r e s u l t  o f  t h e  a p p l i c a t i o n  
of the CEMAC Common External Tari ff (CET), pose a genuine problem of conformity. Indeed, it has 
been found that, since 1995, the rates applied by the Gabonese Customs Services in accordance with the CEMAC CET are above the bound rates. 
 
An analysis of Gabon's tariff profile reveals that  this problem of conformity concerns 2,131 tariff 
lines. It should be pointed out that these 2,131 lines represent 38% of Gabon's total of 5,602 tariff 
lines and 44.5% of its 4,785 NAMA tariff lines. 
 Gabon applies non-agricultural tariffs of 17.37% on average, whereas the level of its bound tariffs (which are supposed to be higher) is only 15.38%. 
 
It was to remedy this situation that Gabon entered into a renegotiation of its concessions in 2008 under Article XXVIII of the GATT. 
 
The unsuccessful outcome of this procedure, due to the institutional changes introduced 
in the country in 2009-2010, gives cause for Gabon – which is still prepared to show good faith 
and demonstrate its attachment to the multilateral trading system – to begin new negotiations 
with the WTO Members concerned by this pr oblem, under Article XXVIII, paragraph 4. 
 The choice of paragraph 4 is justified by the desire to bring to a conclusion a negotiation 
in which both actors and interests are clearly defined. To this end, Gabon requests that a period 
of 120 days be granted, on an exceptional basis, in order to conclude this renegotiation of tariff bindings. 
 
Through this exercise, Gabon wishes to resolve a twofold concern, which consists in respecting its WTO commitments without compromising its membership of the CEMAC, and hence continuing 
with the full application of the CET. 
 G/SECRET/36 
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  For the purposes of the exercise, Gabon will be submitting two Annexes1: 
 Annex I, which provides detailed information, for th e non-agricultural products in Schedule XLVII – 
Gabon, on the following elements: (i) the curren t bound rate of duty; (ii) the proposed bound 
rates of duty; and (iii) an indication of whethe r the bound rates would be increased or reduced. 
 Annex II, which provides detailed import statistics for all non-agricultural products, by country 
of origin, for the last three years for which statistics are available (i.e. 2010-2012).  Gabon would like to inform WTO Members that the proposed modifications to its Schedule could result in: (i) an increase in the bound rates of 2,159 tariff lines; (ii) a reduction in the bound rates 
of 2,500 tariff lines; and (iii) as a consequence, a new overall bound average of 18.08% 
for all NAMA products.  
It is worth pointing out that the increases in bindings on the 2,159 lines have no implications 
for the customs duties and taxes already paid by our trading partners. In short, not one additional cent will have to be paid when crossing the Gabonese border. 
 
The Government of Gabon is prepared to enter into negotiations and/or consultations with the WTO Members concerned in relation to the ab ove request for a modification of concessions 
under Article XXVIII of the GATT 1994. 
 
I thank you in advance for placing this question on the agenda of the Council for Trade in Goods, at its meeting of 18 October 2013, so that it may take the appropriate decision, which, we hope, 
will serve to support the efforts of our country. 
 I should like simply to point out that, within the framework of the advance preparatory meetings, 
the technical work and bilateral consultations have at this point reached a sufficiently advanced 
stage, and the Gabonese Government remains at the disposal of all contracting parties concerned by this modification with a view to bilateral negotiations.  
That is, Sir/Madam, the substance of this note. 
  
 
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1 Available in electronic fo rmat and in French only.