RESTRICTED  
  
WT/ACC/LBR/14  
 
 28 November 2014  
(14-6929) Page: 1/26  
Working Party on the Accession of Liberia Original: English  
 
 ACCESSION OF LIBERIA 
ADDITIONAL QUESTIONS AND REPLIES 
The following submission, on 30 October 2014, is being circulated at the request of the 
Delegation of the Republic of Liberia. 
 
_______________ 
 
  
 
 
  
 
 WT/ACC/LBR/14  
 
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  TABLE OF CONTENTS 
II. ECONOMY, ECONOMIC POLICI ES AND FOREIG N TRADE .......................................... 3  
(e) Competition Policy .................................................................................................. 3  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AN D TRADE IN SERVICES ............................................ 3  
2. Government entities responsible fo r making and implementing policies 
affecting foreign trade ............................................................................................ 3  
4. Legislative programmes or plans to change the regula tory regime ......................... 4  
IV. POLICIES AFFECTING TRADE IN GOODS ................................................................. 4  
1. Import regulations .................................................................................................. 4  
(a)  Registration requirements for engaging in importing .............................................. 4  
(b) Characteristics of national tariffs ............................................................................ 5  
(c) Tariff quotas, tariff exemptions ............................................................................... 6  
(d) Other duties and charges, specifying any charges for services rendered ................ 6  
(e) Quantitative import restrictions, including prohibitions, quotas and 
licensing sy stems .................................................................................................... 7  
(f) Import licensing procedures ................................................................................... 8  
(h) Customs valuation ................................................................................................... 9  
(k) Application of internal taxes on imports .................................................................. 9  
(m) Anti-dumping regime ............................................................................................ 10  
(n) Countervailing duty  regime ................................................................................... 11  
(o) Safeguard regime .................................................................................................. 11  
2. Export regulations ................................................................................................. 12  
(f) Export financing, subsidy and promotion policies ................................................. 12  
3. Internal policies affecting foreign trade in goods .................................................. 13  
(b) Technical regulations and standards,  including measures taken at the 
border with respect to imports .............................................................................. 13  
(c) Sanitary and phytosani tary meas ures ................................................................... 15  
(e) State-trading practices .......................................................................................... 19  
4. Policies affecting foreign trade in agricultural  products ........................................ 20  
(a) Import s ................................................................................................................. 20  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME ............................................. 21  
1. GENERAL ............................................................................................................... 21  
(a) Intellectual prop erty policy ................................................................................... 21  
2. Substantive standards of protecti on, including procedures for the 
acquisition and maintenance of In tellectual Property Rights ................................ 24  
(a) Copyright and related rights, including rights of performers, producers of 
phonograms and broadcas ting organi zations ........................................................ 25  
(b) Trademar ks ........................................................................................................... 25  
4. ENFORCEMENT ...................................................................................................... 26  
 WT/ACC/LBR/14  
 
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  II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 
(e) Competition Policy Question 1 This is a follow-up to Question 7 in document WT/ACC/LBR/4.  Liberia notes that it 
would develop a competition regime.   
- Has Liberia already developed plans re garding such a competition regime; and 
has any timeframe be defined regardin g the definition of such a regime? 
Answer 
Liberia developed Competition Law.  The Competition Law is going through a stakeholder review 
which takes about a year to complete; and thereafter the draft law is submitted to the National Legislature. We anticipate the draft law passage shortly.  Please refer to the Legislative Action Plan 
(WT/ACC/LBR/13) for details.  
Question 2 We would appreciate a complete response to  Question 8 in document WT/ACC/LBR/4.  
The response does address Liberia's anti-com petitive concerns for key sectors.  Also, 
although the Government of Liberia noted th at a Competition Law would be included in 
the Legislative Action Plan, the response to this question does not describe Liberia's 
efforts to address the concerns that it  may include in the Competition Law.  
We respectfully request a full response to this question.  What precisely are Liberia's 
anti-competitive concerns, including for the rice sector, and please explain the efforts 
that the Government is taking or considering to address its concerns. 
Answer: 
Liberia is concerned about anti-competitive practices among businesses, especially among those 
distributing imported goods. These concerns are a result of Liberia's small market and small and 
connected group of elite business people who maintain substantial market control. Liberia plans to 
address these concerns through the introduction of a competition law and establishment of an 
anti-competitive practice body which is included  in the Legislative Action Plan (WT/ACC/LBR/13). 
The new law will tackle conspiracies in relation to trade including price fixing and market 
allocation; unfair trade practices including misrepresentations and price maintenance; and anti-competitive behaviour including abuse of dominant position and mergers. In a small number of specific sectors where there is specific concern for oligopolistic behaviour resulting in high prices 
on essential products, the Liberian Government has issued suggested prices. These "price-caps" 
are currently published for only petroleum products but are also calculated for internal use for rice and cement for the purposes of monitoring. These price-caps are consistent with GATT Article III.4 
and III.9 (National Treatment on Internal Taxation and Regulation).  
III. FRAMEWORK FOR MAKING AND ENFO RCING POLICIES AFFECTING FOREIGN 
TRADE IN GOODS AND TRADE IN SERVICES 
2. Government entities responsible for ma king and implementing policies affecting 
foreign trade 
Question 3 Following Liberia's answer to Question 9 in document WT/ACC/LB R/4, please explain 
how Liberia's import licensing procedure for chemicals is in compliance with the WTO, 
including the Agreement on Import Licensing Procedures. WT/ACC/LBR/14  
 
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  Answer: 
An import permit from the Environmental Protec tion Agency (EPA) and the Ministry of Commerce 
and Industry (MoCI) is currently required for all chemical products imported into Liberia. For petroleum products, an additional permit is also required from the Liberia Petroleum Refining 
Company (LPRC).  
Liberia acknowledges that this is likely to be a burden to importers. Liberia is reviewing these 
import licensing procedures. However, chemicals do require non-automatic licenses.  
4. Legislative programmes or plans to change the regulatory regime 
Question 4 According to the answer provided by Liberia, to Question 10 in document 
WT/ACC/LBR/4, the Commercial Law Reform Program had to be postponed.  Could 
Liberia provide an update? 
Answer: 
The Commercial Law Reform Program was begun by the Ministry of Commerce and Industry. 
However, with funding issues, the program was postponed indefinitely.  However, progress on law 
reform has continued with the assistance of the International Senior Lawyers Project (ISLP), Liberia has recommenced the drafting of new laws (Foreign Trade and Competition Laws). WIPO 
has also been providing some assistance with the draft IPR Law.  Please refer to the Legislative 
Action Plan (WT/ACC/LBR/13) for details.  
IV. POLICIES AFFECTING TRADE IN GOODS 1. Import regulations 
(a)  Registration requirements  for engaging in importing 
Question 5 Following Liberia's answer to Questions 12 and 13 in document WT/ACC/LBR/4, we 
encourage Liberia in its intention to brin g the business licenses fees into compliance 
with WTO principles.  Could Liberia provide an update on this issue? 
Answer: 
The higher registration fee for foreign businesses is currently an important source of revenue for 
the Government of Liberia. Liberia does, however, confirm that the disparity in business registration fees between foreign and domestic businesses is being reviewed within the context of revenue generation, and nature of business, etc.  
Question 6 
Following Liberia's answer to Questions 16 an d 17 in document WT/ACC/LBR/4, we look 
forward to receiving and reviewing Li beria's "Import Licensing Procedures 
Questionnaire" when it is completed and is ma de available to the Working Party.    When 
does the Liberian Government expect to provide the Working Party with its "Import Licensing Procedures Questionnaire"?   
Answer: 
The Import Licensing is available in document WT/ACC/LBR/11. WT/ACC/LBR/14  
 
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  Question 7 
We take note of Liberia's reply to Question 17 in document WT/ACC/LBR/4 that the 
Government continues to monitor the import ation of rice as a politically sensitive 
commodity.  According to recent IMF analysis, the decrease in the world market price 
during 2011 was not passed through customer s on the Liberian market, which does not 
seem in line with the intentions of the mo nitoring policy of the Ministry of Commerce 
and Industry.  This rigidity of rice prices  in Liberia may point to "product market 
distortions" in this market.  Given the impact  of the rice price on the urban poor, and the 
political sensitivity of rice for the country, is Liberia planning: 
- to analyse if the requirements for rice importers (e.g. warehouse capacity of not 
less than 10,000 metric tonnes) could have the impact of de facto  excluding 
smaller businesses from this market and effectively preserving an oligopoly? 
- to address the competition issues in the imported food market? 
Answer: 
Liberia closely monitors the rice market due to food safety and security reasons because of the 
politically sensitive nature of the product. Having large warehouses makes Government inspections easier and more economical than having many smaller warehousing facilities. The Ministry of 
Commerce and Industry allows smaller importers to jointly arrange for sufficient amount of 
warehouse capacity provided they have capital to sustain the market. Anti-competitive practices in the sector will be addressed through the introduction of the Competition Law as described in the response to Question 2 in this document.  
(b) Characteristics of national tariffs 
Question 8 F o l l o w i n g  L i b e r i a ' s  a n s w e r  t o  Q u e s t i o n  2 0  i n  d o c u m e n t  W T / A C C / L B R / 4 ,  w e  w o u l d  
appreciate receiving more details regarding the question of whether Liberia has its own 
methodology for identifying 'sensitive products'.  
- What are these products and do these products correspond to those of other 
states in the region?   
- There seems to be a list of sensitive products compiled by the Ministry of 
Commerce and Industry.  Can the Govern ment share this list and explain the 
rationale and process for its compilation against the backdrop of absence of a 
local manufacturing industry? 
- What about the Common External Tariff (C ET) lines that are lower than Liberian 
tariffs? 
Answer: 
The current 'sensitive products' list compiled by the Ministry of Commerce and Industry is made up 
of goods considered to be essential for the recons truction of the Liberian economy and welfare of 
the Liberian people. The list is currently made up of three goods: rice, petroleum products, and 
cement.  
1. Rice – rice is Liberia's staple food. Liberia has a history of violent demonstration associated 
with rice price increases. In 1979, such de monstrations led to the overthrow of the 
government. It is therefore very political and sensitive; 
2. Petroleum products – as a result of the civil war, the hydro power plant that was providing 
electricity to Monrovia was destroyed. The rehabilitation of the hydro power plant is now 
underway. Meanwhile, electricity in Liberia can only be attained through generators.  
This has also created high demand for petroleum products. Petroleum products also represent a key intermediate input in almost all sectors; and 
3. Cement – the civil crisis created total infrastructural devastation. The need for 
reconstruction cannot be over emphasized. This has also increased the demand for cement. WT/ACC/LBR/14  
 
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  Unlike in other countries, Liberia's list of 'sensitive products' is not currently used for the purposes 
of encouraging industrial development of these sectors, but instead to ensure the adequate 
monitoring of prices and supply of essential products for the Liberian economy.  
Liberia wishes to stress that although it currently has a very nascent manufacturing and industrial 
sector, it has the potential to be developed. Liberia may wish to protect some sectors in the future. 
In this respect, Liberia wishes to avail itself of all "special & differential treatment" provisions, including developmental provisions and trade policy instruments available in GATT and 
WTO Agreements. 
We would like to assure WTO Members that we will lower any applied tariffs that are higher than 
the CET to the CET level in line with the protocols observed by ECOWAS and utilizing the flexibility allowed by the ECOWAS Import Adjustment Tax. 
Question 9 
According to the Government's response to  Question 20 in document WT/ACC/LBR/4, 
"Liberia will implement all CET rates equal to or  higher than the curre nt Liberian tariff."  
What if the CET rates are lower?  Will Liberia lower its rates? 
Answer: 
See answer to Question 8 in this document. 
(c) Tariff quotas, tariff exemptions 
Question 10 We take note of Liberia's explanations in  its answer to Question 21 in document 
WT/ACC/LBR/4 regarding the Presidential Order system and tariff exemptions.  
We would like to call Liberia's attention on the importance of a transparent and 
predictable trade and business environment.   W e  n o t e  t h a t  t a r i f f  e x e m p t i o n s  b y  
Presidential Order are normally available to all companies but the Order may state 
otherwise and would appreciate clarific ations regarding such exceptions.  
We also note Liberia's intention regard ing the reforms related to incentives. 
Answer: 
The Executive Order is the constitutional provis ion by which the President can make a temporary 
decree to address specific issues pending legislative action. Executive Orders have one year life span but are renewable. They are applicable to all companies and, as such, they are non-discriminatory. All Executive Orders are published. 
(d) Other duties and charges, specifyi ng any charges for services rendered 
Question 11 Could Liberia please explain if the charge s associated with the ECOWAS Trade Levy 
(ETL) are imposed in connection to specific  services rendered? Furthermore, could 
Liberia explain under which Article of th e GATT 1994 the ETL would be authorized? 
Answer: 
Being a member of ECOWAS, Liberia has to impl ement the Community Levy (ETL). It is not in 
connection to services. It is based on Article 72 of the ECOWAS Revised Treaty as source of financing regional integration. The treaty itself is notified at the WTO and is WTO compliant under the Enabling Clause (Differential and More Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries). It is also MFN compliant in line with GATT Article I as it is 
non-discriminatory and levied on goods coming from all countries.  WT/ACC/LBR/14  
 
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  (e) Quantitative import restrictions, incl uding prohibitions, quotas and licensing 
systems 
Question 12 We understand that the Government of Liberi a is working on a new draft of the Revenue 
Code.  We would ask that Liberia provide a copy of the new draft to the Working Party 
and provide interested Members an opportunity to review it. 
Answer: 
There is no draft Revenue Code. The portions of Reve nue Code of Liberia which  have been in force  
were amended/repealed in 2011 by Consolidated Tax Amendments Act which has been implemented since November 2011. The Consolidated Tax Amendments Act was submitted to Members in document WT/ACC/LBR/5 in June 2012.   Further, for Members' information, there is a 
draft Customs Code which is available and has been transmitted to Members through the 
Secretariat (See document WT/ACC/LBR/10, 17 June 2014).  
Question 13 
F o l l o w i n g  L i b e r i a ' s  a n s w e r  t o  Q u e s t i o n  2 0  i n  d o c u m e n t  W T / A C C / L B R / 4 ,  c o u l d  t h e  
Government of Liberia please explain the admi nistrative procedures it uses to monitor 
the rice industry?  Also, please explain why rice importers are required to submit a list 
of distributors/sellers and have warehous e capacity of not less than 10,000 metric 
tonnes. 
Answer: 
Please see response to Question 7 in this docu ment. For the purposes of monitoring the quality 
and supply of rice, Liberia requires importers of rice to write directly to the Minister of Commerce 
and Industry to receive authorization to import rice. As described in Liberia's response to Question 17 in document WT/ACC/LBR/4, the Ministry of Co mmerce and Industry will check to see that the 
company has  
- Business registration current for the Fiscal Year of operation; 
- Warehouse capacity of not less than 10,000 metric tonnes; 
- Submit a list of distributors/sellers of rice; 
- Establish a distribution chain of at least five of the leeward counties of Liberia; and 
- Submit a sample of rice prior to importation with the minimum grade standard of 5% to 
25% broken. 
The Ministry of Commerce and Industry institutes these rules in order to continuously monitor the 
quality of rice in the country and to ensure that  supply does not drop below 3 months of import 
cover. If supply does drop, the Ministry of Co mmerce and Industry will invite importers to a 
meeting to discuss increasing future import volumes.  
Question 14 Could Liberia provide a list of products that are currently covered by import restrictions 
or prohibitions and a list of those that may be made subject to such restrictions or 
prohibitions prior to its accession to the WTO? 
Answer: 
The following items are currently prohibited from import into Liberia: 
 Right-hand drive vehicles 
 Shellfish (oysters and mussels) harvested in France 
 Energy drinks under the name of Pussy 
 3-wheeled motorcycles 
 Potassium Bromate WT/ACC/LBR/14  
 
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   Aldrin 
 Chlordan 
 Dixxins 
 Endris 
 Furans 
 Heptachlor 
 Dieldrun 
 Mirex 
 Toxaphene 
 Polychlorinate 
 DDT 
 Hexachlorabenzene 
 Methyl bromide (to be included by 2015 convention) 
 Used vehicles older than 20 years 
Liberia is still in the process of identifying products for restrictions and intends to add products to 
this list in line with international best practices. 
Liberia wishes to inform WTO Members that the previous ban on the import of vehicles older than 
10 years described in Liberia's Memorandum on Foreign Trade Regime (WTO/ACC/LBR/3) has been 
replaced by a punitive tax on used vehicle of 10% for vehicles between 11-15 years and 20% for vehicles between 16-20 years. Vehicles older than 20 years are still prohibited from entry. 
(f) Import licensing procedures 
Question 15 
Following Liberia's answer to Question 26 in  document WT/ACC/LBR/4, we look forward 
to receiving and examining Liberia's Import  Licensing Procedures Questionnaire.  
Without examining Liberia's import licensing  procedures and practices, we are hard 
pressed to view them in any other way th an as an impediment to the flow of 
international trade and more administratively  burdensome than absolutely necessary to 
administer the relevant measure.  Further, we are led to wonder about the GATT 1994 
consistency of the underlying measures themselves.  For example,    
- How do the Import Permit Declarations (IPD) required by Administrative Notice 
MCI/No. 002/09/2010 relate to the WTO obligations of the SPS and TBT 
Agreements?; 
- How does Liberia intend to ensure th at the requirements of the SPS and TBT 
Agreements are fulfilled without requiring an additional import licence for access 
to Liberia's market?; 
- How/by what process is the determinatio n made that a book, magazine, picture, 
film, DVD, CD, tape, etc. are "o bscene or indecent"?; and   
- What is the GATT 1994-consistent measure that the Import Permit Declaration is 
administering with respect to prescrip tion medicines and pharmaceuticals? 
Answer: 
Liberia's Import Licensing Procedures Questionnaire is available in document WT/ACC/LBR/11.  
Question 16 
Following Liberia's answer to Question 27 in document WT/ACC/LB R/4, please explain 
what the requirements are for obtaining an IPD.  We look forward to receiving and 
reviewing Liberia's Import Licensing Procedur es Questionnaire when Liberia submits it 
for Working Party review.  
Answer: 
Liberia's Import Licensing Procedures Questionnaire is available in document WT/ACC/LBR/11. WT/ACC/LBR/14  
 
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  Question 17 
Following Liberia's answer to Question 28 in document WT/ACC/LBR/4, how does 
Liberia ensure or plan to ensure that its pre-shipment inspection requirements conform 
to the requirements of the WTO Agreement on Pre-shipment Inspection and other WTO 
Agreements?  
Answer: 
The current agreement between the pre-shipment inspection company and Government of Liberia 
is for three years beginning from July 2012. Should Liberia extend the current agreement or enter 
another agreement, the government will ensure that it is in full compliance with the  pre-shipment 
inspection provision in GATT 1994. 
Question 18 
Following Liberia's answer to Question 29 in document WT/ACC/LB R/4, please clarify 
how price comparisons are used.  Are these price comparisons used to determine whether the declared value of goods is valid? 
Answer: 
In order to validate whether the declared price of a good is valid, Customs currently use the BIVAC 
verification data base as reference. Liberia is aware that it will need to adjust its customs valuation 
procedures in order to accede to the WTO, and this is reflected in the draft Customs Code. 
The draft has been shared with the WTO Members (see document WT/ACC/LBR/10, 17 June 2014), and the new legislation is expected to be enacted soon. Please refer to the  Legislative Action Plan in WT/ACC/LBR/13. 
(h) Customs valuation 
Question 19 Following Liberia's answer to Question 31 in document WT/ACC/LBR/4, while we 
understand that Liberia will provide a copy of the new Customs Law after it has been 
passed, we request that Liberia please provid e a copy of the draft to the Working Party 
and provide interested Members an opportunity  t o  r e v i e w  i t .   I n  o u r  v i e w ,  i t  i s  i n  
Liberia's interest to ensure that the Work ing Party has assessed its new legislation for 
compatibility with WTO regulations before Liberia enacts a new law. 
Answer: 
The draft Customs Code is available and has been circulated to Members  in document 
WT/ACC/LBR/10, 17 June 2014. 
(k) Application of internal taxes on imports Question 20 
Could Liberia please elaborate on the applicat ion of excise duties on both imports and 
domestically produced products, including at wh at level (e.g., at importation, at point of 
sale or factory) these taxe s are applied?  Furthermore, are excise duties applied 
uniformly to both domestic and imported goods?  
Answer: 
An excise levy is applied on finished excisable products at the point of importation. No excise is 
levied on raw materials for local manufacturers. The excise rate on domestic products is charged 
at the factory.  WT/ACC/LBR/14  
 
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  For a few domestic products the excise rate is lower than those on imported product of the same 
kind. However, Liberia will join the ECOWAS Common External Tariffs and there will be changes to 
the tariff regime.   
(m) Anti-dumping regime 
Question 21 
In responding to Questions 44 and 45 in docu ment WT/ACC/LBR/4, Liberia stated that it 
was eliminating the existing provisions fo r anti-dumping measures, which were not 
based on WTO rules. 
- Does Liberia have any plans to adopt ne w provisions for anti-dumping measures, 
and if so, can Liberia confirm that su ch provisions will be WTO consistent? 
Answer: 
Upon accession, Liberia confirms that it will not impose any trade remedy measures before being 
bound by a trade remedy legislation that is co nsistent with the WTO rules and before such 
legislation will be notified to the WTO Members.  As of the date Liberia implements the ECOWAS 
Common External Tariffs (CET), Liberia will be  bound by ECOWAS' trade remedy legislation, 
including anti-dumping, anti-subsidy and safe guard legislation. The ECOWAS trade remedy 
legislation will be sent and notified to the WTO Secretariat by ECOWAS along with the remaining 
provisions of the ECOWAS CET. Currently, Liberia has no trade remedy measures in place and the 
new customs code, which does not include any provisions on trade remedies, will be enacted before Liberia accedes to the WTO.  The new cu stoms code has been shared with the Working 
Party Members (see document WT/ACC/LBR/10, 17 June 2014).  
Question 22 
The responses to Questions 44 and 45 in docu ment WT/ACC/LBR/4, appear to indicate 
that Liberia has not yet decided or committed to enact the legislation that will be in 
conformity with the WTO Agreement.  In or der to proceed with the accession process, 
clarification and a firm commitment from Liberia on this issue is necessary.   
- Please provide a firm commitment that Liberia has decided to adopt and enact 
appropriate laws that will be in co nformity with WTO Agreement.   
- Prior to accession, can Liberia assure the Working Party of its commitment to 
allow the Working Party Members to asse ss any draft anti-dumping legislation 
prior to enactment? 
Answer: 
Upon accession, Liberia confirms that it will not impose any trade remedy measures before being 
bound by a trade remedy legislation that is co nsistent with the WTO rules and before such 
legislation will be notified to the WTO Members.  As of the date Liberia implements the ECOWAS 
Common External Tariffs (CET), Liberia will be  bound by ECOWAS' trade remedy legislation, 
including anti-dumping, anti-subsidy and safe guard legislation. The ECOWAS trade remedy 
legislation will be sent and notified to the WTO Secretariat by ECOWAS along with the remaining 
provisions of the ECOWAS CET. Currently, Liberia has no trade remedy measures in place and the new customs code, which does not include any provisions on trade remedies, will be enacted before Liberia accedes to the WTO.  The new cu stoms code has been shared with the Working 
Party Members (see document WT/ACC/LBR/10, 17 June 2014).  
Question 23 F o l l o w i n g  L i b e r i a ' s  a n s w e r  t o  Q u e s t i o n  4 5  i n  d o c u m e n t  W T / A C C / L B R / 4 ,  L i b e r i a  
informed that a Modernized Customs Code may be enacted in 2012 by the Parliament 
which would remove the provision for anti-dum ping measures.  Could Liberia provide an 
update?  WT/ACC/LBR/14  
 
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  Answer: 
See our reply to Question 21 in this document above.  
(n) Countervailing duty regime Question 24 
The response to Question 46 in document  WT/ACC/LBR/4 appears to indicate that 
Liberia has not yet decided or committed to  enact the legislation that will be in 
conformity with the WTO Agreement.  In or der to proceed with the accession process, 
clarification and a firm commitment from Liberia on this issue is necessary.   
- Please provide a firm commitment that Liberia has decided to adopt and enact 
appropriate laws that will be in co nformity with WTO Agreement.   
- Prior to accession, can Liberia assure the Working Party of its commitment to 
allow the Working Party Members to assess any draft countervailing duty 
legislation prior to enactment? 
Answer: 
See our reply to Question 21 in this document above. (o) Safeguard regime Question 25 
Following Liberia's answer to Question 47 in document WT/ACC/LBR/4, if the 2012 
legislation eliminates the provision of safe guard (along with AD/CVD) measures, under 
what WTO-consistent authority would Liberi a enact a safeguard provision?  How is 
Liberia's existing authority, which it intends to maintain, WTO-consistent?  If Liberia has 
no WTO-consistent authority, can Liberia commit to an assurance that no 
AD/CVD/safeguard investigations will be in itiated until such WTO-consistent laws are 
notified prior to enactment? 
Answer: 
See our reply to Question 21 in this document above. 
Question 26 
In relation to Question 47 in document WT/ACC/LBR/4, Liberia stated that "the 
application of safeguard measures in Liberia is not based on or does not follow the WTO 
rules. It is envisaged that Liberia will not enact a safeguard provision". 
- Could Liberia confirm that it does no t intend to implement global safeguard 
provisions? 
- Could Liberia please describe what safegu ard measures it currently has in place? 
Answer: 
See our reply to Question 21 in this document above. Question 27 Prior to accession, can Liberia assure the Wo rking Party of its commitment to allow the 
Working Party Members to assess any draft trad e remedy legislation prior to enactment? WT/ACC/LBR/14  
 
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  Answer: 
See our reply to Question 21 in this document above. 
Question 28 Following Liberia's answer to Question 49 in document WT/ACC/LB R/4, this response 
appears to indicate that Liberia has not yet decided or committed to enact the legislation 
that will be in conformity with the WTO Agreement.  In order to proceed with the accession process, clarification and a firm commitment from Liberia on this issue is 
necessary.   
- Please provide a firm commitment that Liberia has decided to adopt and enact 
appropriate laws that will be in co nformity with WTO Agreement.   
- Prior to accession, can Liberia assure the Working Party of its commitment to 
allow the Working Party Members to assess any draft provisions for antidumping, 
countervailing duty or safeguard me asures prior to their imposition? 
Answer: 
See our reply to Question 21 in this document above. 2. Export regulations (f) Export financing, subsidy and promotion policies 
Question 29 
The response to Question 51 in document WT /ACC/LBR/4 states that the Government of 
Liberia is currently working on an Export Promotion Strategy.  Liberia also states that the Consolidated Tax Amendments Act of 201 1 "has a potential non-permissible subsidy 
provision which will be examined and resolved".   
- Could Liberia please explain when it ex pects to complete the Export Promotion 
Strategy?   
- What types of export promotion incent ives are currently envisioned for that 
strategy?   
- Please explain what aspects of the Consolidated Tax Amendments Act of 2011, 
has a "potential non-permissible subsidy provision".   
- Please provide citations to the relevant provisions of the Act. 
Answer: 
The Export Strategy was completed in June 2014 and is available on the Ministry's website 
(www.moci.gov.lr). 
The subsidy which Liberia referred to was the provisions relating to local content requirement in 
the section on special investment incentives (section 16) in Liberia's Revenue Code as amended by 
the Consolidated Tax Amendments Act in 2011. The revenue code and Consolidated Tax 
Amendments Act were submitted to the WTO Members in document WT/ACC/LBR/5 in June 2012.   There is no citation in the Consolidate Tax Amendments Act of 2011 relating to "potential non-
permissible subsidy". 
Question 30 In its response to Question 53 in docume nt WT/ACC/LBR/4, Liberia states that it 
currently does not have any industrial subsid y policies.  We appreciate the response.  
Nevertheless, could Liberia please provide the Working Party with a commitment that 
the Government will provide details, prior to accession, regarding any subsidies that it 
implements, including any incentives it impl ements as part of its Export Promotion 
Strategy? WT/ACC/LBR/14  
 
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  Answer: 
The Liberian Export Strategy has been finalised  and is available on the Ministry's website 
(www.moci.gov.lr).  
Liberia is currently investigating the extent to which it has implemented subsidies as defined by 
the WTO Agreement on Subsidies and Countervailing Measures.   
3. Internal policies affecting foreign trade in goods (b) Technical regulations and standards, incl uding measures taken at the border with 
respect to imports 
Question 31 We thank the Government of Liberia for its TBT Checklist contained in WT/ACC/LBR/8.  
We note that a number of items are under co nsideration or are in the process of being 
established.  We invite Liberia to provide a timeline of its intentions to bring its TBT 
measures into compliance with the WTO Agreement on Technical Barriers Trade. 
Answer: 
Liberia is currently in the process of making a regulatory review with regard to technical 
regulations, standards and conformity assessment procedures. An Action Plan has been submitted 
(WT/ACC/LBR/8/Add.1). The regulatory review is un derway. The Action Plan is intended to support 
the implementation of the checklist and was es tablished in December 2013. The Action Plan 
includes the following components: 
1. Review of Liberia's legislative framework with regard to TBT 
2. Identification of the regulatory authorities involved in TBT and their responsibilities 
3. Co-operation and coordination among the regulatory authorities (Good Regulatory 
Practices) 
4. Establishment of a TBT Enquiry Point  
5. Establishment of a TBT Notification Point 
6. Identification of trade priorities with regard to exports and imports 
7. Improved quality infrastructure  
Liberia is currently working towards the fulfilment of point 1 and 2. Next steps according to the 
Action Plan are scheduled to be taken in autumn 2014. Liberia is working towards fulfilling the requirements of the TBT Agreement upon accession or, if necessary, after a transitional period. Liberia will be able to answer to that question at the beginning of 2015.  
Liberia is also aware of that putting in place the TBT regime would require technical assistance, 
some of which have come from the Swedish National Board of Trade.   
Question 32 
We note that Liberia has planned to esta blish the TBT Enquiry Point in 2012.  Could 
Liberia provide additional informatio n on the status of this project? 
Answer: 
A plan for establishing a TBT Enquiry Point is not feasible before a complete regulatory review and 
an assessment of the regulatory authorities responsible for TBT is finalized (see answer to question 31 in this document, and point 1 and 2 of the Ac tion Plan, in document WT/ACC/LBR/8/Add.1).   
Question 33 
Could Liberia provide more details about how it is planning to ensure that the TBT 
Agreement transparency obligations are complie d with, in particular those regarding the WT/ACC/LBR/14  
 
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  possibility for other Members to submit comments on the implementation of new 
technical regulations and conf ormity assessment procedures. 
Answer: 
Liberia is in the process of making a regulatory review according to the Action Plan (see answer to 
question 31 in this document, and point 1 and 2 of the Action Plan in document 
WT/ACC/LBR/8/Add.1) Liberia deems it necessary to review the national rules before an answer can be given in this regard. 
Question 34 
Could Liberia share more information on ho w Liberia will ensure compliance with TBT 
Agreement provisions regarding the deve lopment and application of technical 
regulations and conformity assessment procedur es, in particular:  non-discrimination in 
the treatment of products, consideration of appropriate international standards, guides 
and recommendations as a basis for techni cal regulations and conformity assessment 
procedures;  and the acceptance of the re sults of conformity assessment procedures 
conducted by bodies in an exporting Member country. 
Answer: 
Liberia is in the process of making a regulatory review according to the Action Plan (see answer to 
question 31 in this document, and point 1 and 2 of the Action Plan in document 
WT/ACC/LBR/8/Add.1) Liberia deems it necessary to review the national rules before an answer can be given in this regard. 
Question 35 
Could Liberia clarify if the Di vision of Standards within the Ministry of Commerce and 
Industry is the central standardizing body of Liberia, and if so if it already accepts and 
complies with the Code of Good Practice as established in Article 4 of the TBT 
Agreement. 
Answer: 
Liberia still lacks a central standardization body. There is a bill to set up a national standardization 
body. The Division of Standards at the Ministry of  Commerce, along with Divisions of Standards in 
three other Ministries, Agriculture; Health and Social Welfare; Public Works, is involved in adopting international standards. The units are moving towards fulfilling the requirements of Article 4 of the TBT Agreement. A timeline has not yet been estab lished regarding point 3 of the Action Plan in 
document WT/ACC/LBR/8/Add.1 (see general timeline for the fulfilment of the TBT Agreement in 
answer to Question 31 in this document). 
Question 36 
In relation to Technical Barriers to Trade (TBT) measures, Liberia has provided a TBT 
checklist (WT/ACC/LBR/8, 11 June  2012) outlining the principles it will focus upon in its 
TBT reforms.  We note Liberia has not yet provided a Legislative Action Plan. 
- Could Liberia please give an indication of  when Liberia is planning to implement a 
procedure for comments on new regulation s, pursuant to commitment 4(c), (d) 
and (e) in its Checklist of Illustrative  Technical Barriers to Trade Issues for 
Consideration in Accessions?  
Answer: 
Liberia is currently in the process of making a regulatory review according to the Action Plan 
(answer to question 31 in this document, and po int 1 and 2 of the Action Plan in document 
WT/ACC/LBR/8/Add.1). A time frame with regard to the implementation of a procedure for WT/ACC/LBR/14  
 
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  comments on new regulations, pursuant to commitment 4(c), (d) and (e) in the TBT Checklist will 
be communicated to the WTO.   
Any regulatory changes for TBT will need to be done during a transitional period.  (c) Sanitary and phytosanitary measures 
Question 37 
We are currently reviewing the following item and reserve the right to provide 
comments to Liberia in the near future:   
 "The Plant and Animal Quarantine Act"  – Chapter 1 of the Agriculture Law. 
Answer: 
Noted. Question 38 
When asked about the national laboratory resp onsible for testing of agricultural goods, 
Liberia referred to the Ledlum Laboratory in Fendell, Liberia.  Coul d Liberia provide more 
information regarding the National Labo ratories (Metrological, Chemical and 
Microbiological) which - once ce rtified - should also be able to  test agricultural goods?  
Answer: 
1. The National Veterinary Lab (Ledlum Lab) 
T h e  p l a n  f o r  t h i s  l a b o r a t o r y  i s  t o  b e c o m e  a  c e n t r e  o f  e x c e l l e n c e ,  s o  a s  t o  p r o v i d e  p r o m p t  a n d  
reliable test results by well trained and motivated personnel to the field veterinary services and to enhance animal disease diagnosis and control. 
2. National Standards Laboratory 
The National Standards Laboratory (NSL) of Liberia is a testing and calibration facility which 
establishment is linked to Liberia's effort to accede to the WTO.  It aims to strengthen the SPS system in Liberia (by enabling Liberia to prevent importation of sub-standard products that may 
threaten public, plant or animal health, and by ma king sure that food and agriculture exports from 
Liberia meet international standards).  Initial support was received through the West Africa Quality Program (which received funding from the EU) implemented by UNIDO in collaboration with the 
Government of Liberia through the Ministry of Commerce and Industry as its lead Ministry. 
The National Standards Laboratory is also part of a regional program working towards strengthen 
quality infrastructure in order to support competitiveness and harmonization of TBT and SPS measures in West Africa. The National Standards Laboratory has 3 basic laboratories as below: 
2.1. The Chemical Testing Laboratory 
The chemical laboratory complies with ISO 17025: 2005 international standards in all laboratory 
practices and maintains a quality management system to ensure practices at a high standard. 
Its major goal is providing quality analytical testing services for the purpose of: 
 Determining whether food meets specification in order to protect the consumers' 
economic interest; 
 Verifying claims on labels and identity of sample in order to determine quality or 
wholesomeness of product; and 
 Making sure that food does not contain potentially harmful chemicals in concentration 
higher than the permissible limit. WT/ACC/LBR/14  
 
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  2.2. The Microbiology Laboratory  
The Microbiology Laboratory straightly complies with ISO 17025:2005 international standards in all 
laboratory practices. Its major goal is providing quality microbiological testing services for the purpose of protecting consumers' economic inte rest, verify producer claims, and ensure that 
products do not contain microbial contaminations. 
2.3. The Metrology Laboratory  
The Metrology Laboratory of the National Standards Laboratory of Liberia is major calibration body 
of the lab, and it also in compliance with ISO 17025:2005, international standards in all laboratory 
practices and maintaining a quality management system to ensure practices at a high standard. 
3. The Fisheries Lab is under construction.  
Question 39 
Does Liberia plan to expand the scope of testing beyond live animals? 
Answer: 
The National Veterinary Lab (Ledlum Lab) in Fendell will start testing activities in the field of bee 
health (for honey production) in September 2014. 
Question 40 Please explain how the import permit pr ocedures are no more administratively 
burdensome than absolutely necessary to admi nister the phytosanitary  measure.  Please 
provide further details regarding the reasons that the Ministry of Agriculture can deny an import permit. 
Answer: 
The import permit procedure for imports of plants and plant products is in line with international 
best practices. Liberia follows International Plan t Protection Convention's International Standards 
for Phytosanitary Measures (ISPMs). Provided that an application for an import permit is complete, 
the Ministry of Agriculture will process it within 24 hours. The authority to prohibit the importation 
of plants which are poisonous, noxious, or which produce deleterious drugs or may be infested or infected with harmful pests or diseases is vested with the Ministry of Agriculture (pursuant to the 
Agricultural Law on Plant and Animal Quarantine, Chapter 1, para. 4). Import permits can be 
denied if the country of origin of the product is su spected to have an outbreak  of a pest or disease. 
Further, a permit can be denied if the applican t/importer is not a registered business with the 
Liberian Business Registry or, if the applicant submits inconsistent information. 
At present, information on the import perm it procedure for plants, plant products and 
agro-chemicals is not available online. Information is provided from the Ministry of Agriculture's office. Liberia is cognizant of the fact that this negatively affects imports and there is a need for 
technical assistance to set up an electronic system for import permits and to develop/revise 
regulations and procedures on import permits.  
Question 41 
Please provide a copy of the roadmap for the establishment of the National Notification 
Authority (NNA) and the Enquiry Point (EP) to  the Working Party and provide interested 
Members an opportunity to review it. WT/ACC/LBR/14  
 
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  Answer: 
ACTIVITIES TIME TABLE RESPONSIBLE 
STAKEHOLDERS RESPONSIBLE 
COLLABORATORS REMARKS 
NSPSC established at a 
first meeting. 11-13 May 2011 Ministry of 
Agriculture (MoA), Minsitry of Commerce and Industry (MoCI), Ministry of Health (MoH). Ministry of Finance 
(MoF), Ministry of Justice (MoJ) & Customs Completed 
SPS Workshop with 
Swedish National Board of Trade October 2013 MoA, MoCI, MoH.  Completed 
Decision on Liberia's 
National SPS Enquiry Point and National SPS Notification Authority to be housed at the Ministry of Agriculture (MoA)  A letter on this decision was sent from Minister of Agriculture to Minister of Commerce.  16 October 2013 
        11 October 2013 MoA, MoCI, MoH.  Completed 
National SPS 
Committee ToR adopted. February 2014  MoA, MoCI, MoH 
and MoJ  Completed 
Meeting of NSPSC.  27 Febuary 2014 
  Executive NSPSC  
GOL (MOA, MOC, MOH and MOJ) Private Sector 
(National Consumer Association and the Business Community heads).  Completed 
Public awareness 
raising activity i.e. on the Action Plan for SPS, the operation of the National SPS Committee and the operation of the SPS National Enquiry Point and SPS National Notification Authority.  Executive NSPSC  
GOL (MOA, MOC, MOH and MOJ) LAC, CRC, 
FIRESTONE, RIA, NPA, LDAA, VACN-ADA, LBA, TADs, LAN& MEDIA Pending, TA 
needed 
Awareness raising 
activity towards other 
Ministries, members of Parliament and high-level decision makers (to facilitate formal decisions, legislative steps as well as future operations of Liberia's  NEP and NNA) i.e. on the Action Plan for SPS, the operation of the National SPS Committee and the operation of the SPS National Enquiry Point and SPS National Notification Authority.  
 Executive NSPSC  
GOL (MOA, MOC, 
MOH and MOJ)  Pending, TA 
needed 
Installing equipment 
and training staff to make SPS National Enquiry Point and SPS National Notification Authority operational.   MoA MoCI, MoH, MoJ, MoF Pending, TA 
needed WT/ACC/LBR/14  
 
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  ACTIVITIES TIME TABLE RESPONSIBLE 
STAKEHOLDERS RESPONSIBLE 
COLLABORATORS REMARKS 
Workshop on risk 
assessment, 
harmonization, 
equivalence and how to base SPS-related legislation on international standards for staff involved in formulating legislation at Ministries of Agriculture, Commerce and Industry, Health and Justice and for staff involved in National SPS Committee.     Pending, TA 
needed 
Continued revision of 
existing and 
development of new SPS related legislation, regulations and procedures.   MoA, MoCI, MoH 
and MoJ  On-going, TA 
needed 
Setting up an 
electronic system for import permits and certification (both plant and animal health, both imports and exports).  Customs, MoA, 
MoCI, MoH  Pending, TA 
needed 
Development of the Veterinary Laboratory  Development of National Standards Laboratory  Completion of Bureau of National Fisheries Laboratory   MoA, MoCI, MoH  Pending/on-going, 
TA needed 
Question 42 
We would appreciate an update on the re gulations and procedures that Liberia is 
developing to provide for tr ansparency of SPS measures. 
Answer: 
Please see the answer to Question 41 in this document. 
Question 43 In relation to Sanitary and Phytosanitary (SPS) measures, Liberia has provided an SPS 
Checklist (WT/ACC/LBR/7, 11 June 2012) outlin ing the principles it will focus upon in 
its SPS reforms. We note that Liberia has not yet provided a Legislative Action Plan. 
- Could Liberia please give an indication of when Liberia is planning to provide 
formal guidance or laws re quiring publication of prop osed measures at an early 
stage for comments, pursuant to commitments 3(b), (c) and (d) in the SPS Checklist? WT/ACC/LBR/14  
 
- 19 - 
 
  Answer: 
We are doing our best in this regard.  Certainly, we will be communicating an indication of the 
timing to Members as soon as it becomes clearer.  
Question 44 
We would be interested in further inform ation on Liberia's system for recognising 
different SPS measures that achieve the same level of protection pursuant to 
commitment 7 in its SPS Checklist. 
Answer: 
Currently, Liberia does not have a system for recognizing different SPS measures that achieve the 
same level of protection (to evaluate equivalence of measures). Also, risk assessment capacity is limited. Technical assistance in this field is need ed.  A central recipient body where this capacity 
could be developed is the National SPS Committee of Liberia.   
Question 45 We would be interested in information on wh at further steps Liberia plans to take to 
bring its SPS system into conformity with  WTO commitments, and what assistance 
Members might provide to help Liberia in this regard. 
Answer: 
Please refer to our answer to Question 41 in this document and our SPS Action Plan 
(WT/ACC/LBR/7/Add.1) where technical assistance n eeds are listed.  Technical assistance would be 
helpful in developing new and revising existing SPS related legislation, regulations and procedures for implementation. 
(e) State-trading practices 
Question 46 We note Liberia's explanations in relation  with Liberia Produce Marketing Corporation 
(LPMC) responsible for the marketing an d promotion of Liberia's agricultural 
commodities.  We understand that LPMC may not be fully operational at the moment.  
Our understanding is also that the Governme nt is working on legislation that would 
make LPMC a regulatory body to monito r prices, production, and marketing of 
agricultural products (except for rubber).  
- Could Liberia clarify if such a legislation is being prepared?   
- If so, could Liberia clarify if the LPMC's  future mandate will include purchasing of 
agricultural produce or rather acting as  an intermediary between producers and 
world markets? 
Answer: 
There is currently a draft law at the Presidency for executive perusal and approval for onward 
transmission to the National Legislature for enac tment. When enacted, LPMC will be transformed 
from its original mandate of purchasing and marketing of agricultural commodities to that of a 
regulatory body. The objectives of the new agen cy will include among others the following: 
a. Monitoring and reviewing progress of the commodity market, nationally and internationally 
within the framework of its regulatory mandate and making the appropriate recommendations to Government, with the view to making commodity trade more 
competitive in Liberia; 
b. Collection and provision of market intelligence, including the development and publication 
of reference prices for exportable agricultural commodities, in collaboration with relevant 
Government agencies and private actors; WT/ACC/LBR/14  
 
- 20 - 
 
  c. Ensuring and coordinating necessary training for value chain actors in farm management 
and post-harvest technology, 
d. Licensing of agriculture commodity traders; and 
e. Regulating other essential aspects of the agriculture commodity trade market, ensuring 
that interest of producers, consumers and other players in the supply chain is fully 
protected, in line with national and international commodity trade regulations and agreements.  
Question 47 
In response to a question regarding the Li beria Produce Marketing Corporation (LMPC), 
Liberia explained that the corporation is re sponsible for the marketing and promotion of 
Liberia's agricultural commodities.  The corporation works with the Ministry of 
Agriculture and the Cooperative Developmen t Authority (CDA) to establish price and 
market structures that encourage local farmer s to increase production, offer competitive 
prices, and add value for local consumption and export.   
- Could Liberia provide additional informat ion on these market structures and the 
methodologies used to establish prices?   
- Also, could Liberia elaborate as to how the LMPC encourages production?  
Answer: 
See reply to Question 46 in this document. 
4. Policies affecting foreign tr ade in agricultural products 
(a) Imports 
Question 48 
Liberia has confirmed that the Ministry of Commerce and Industry does not restrict the 
quantity of wheat flour imported into Liberia. However, there is a surtax of 10% per kilo 
imposed on imported flour by the Ministry of  Finance.  Liberia noted that the phase out 
period of this administrative policy would take  up to five years.  Could Liberia provide 
additional information on the phase out of this policy such as when it is expected to 
begin?  
Answer: 
Liberia notes that its surtax of 10% per kilo imposed on imported flour by the Ministry of Finance 
is not in compliance with the WTO rules. With th e advent of the ECOWAS CET, Liberia intends to 
be in full compliance by implementing only CET tariff. 
Question 49 Regarding the document on Domestic Support and Export Subsidies in the Agricultural 
Sector (WT/ACC/SPEC/LBR/1, 8 June 2012), row three of Supporting Tables D:2 to DS:9 
(pages 5-12) should say "NIL" as opposed to  the current notation "not applicable". 
The same comment applies to Supporting Table ES:1. 
Answer: 
Noted. WT/ACC/LBR/14  
 
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  V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
1. GENERAL Question 50 In document  Implementation of the WT O Agreement on Trade-Related Aspects of 
Intellectual Property Rights (WT/ACC/LBR/ 9, 11 June 2012), Liberia described the 
current state of intellectual pr operty legislation as follows: "The Government of Liberia 
is in the process of merging both the Copyrigh t Act and the Industrial Property Act.  The 
Act is being finalized and will be called the Intellectual Property Act of 2012."  Please 
provide a copy of the Intellectual Property Ac t of 2012, as it is referenced throughout.  
Without it, we cannot assess the compatibilit y of Liberia's law with the obligations 
required by the WTO. 
Answer: 
The Draft Intellectual Property Act of 2014 is av ailable for consultation (WT/ACC/LBR/12).  The 
separate acts will be consolidated into one single act for enactment. 
The Government has drafted An Act to Repeal An Act Adopting a New Copyright Law of the 
Republic of Liberia Approved July 23, 1997; and th e Industrial Property Act of Liberia Approved 
March 20, 2003 constituting Title 24 of the Liberian  Code of Law Revised, and to enact in their 
stead a new Title 24 to be known as the Liberia Intellectual Property Act, 2014.  
Question 51 We thank Liberia for the circulation of the document on the implementation of the WTO 
Agreement on TRIPS (WT/ACC/LBR/9).  Libe ria refers extensively to the Liberia 
Intellectual Property Act of 2012.  Could Libe ria provide the reference by which that Act 
was circulated to WTO Members?  If not yet circulated, could Members be provided with 
a copy of the Act? 
Answer: 
See reply to Question 50 in this document. 
(a) Intellectual property policy 
Question 52 
When does the Government of Liberia expe ct to implement the single Intellectual 
Property Act that will enable Liberia to meet its TRIPS obligations?  Also, besides 
awarding two scholarships for the study of intellectual property la w, please describe 
additional concrete results flowing from the WIPO Intellectual Property Development 
Plan (IPDP) since the Plan went into effect in 2009. 
- Is the offering of university IP courses an actual real trend, or is it being offered 
in this one university?  If it is only offered in the one university, can the 
Government of Liberia really consider it to be the result of a WIPO Development 
Plan?   
- Have other IPR workshops been held besides that of WIPO in 2010 to encourage 
the inclusion of IPR courses in universities? 
Answer: 
Liberia expects to implement the single Intellectual Pr operty Act as soon as it is passed into law by 
the Liberian Government.  This is hoped to be passed into law in 2015. However, Liberia reserves 
the right to implement the law at a later date as pr ovided for all LDCs in the decision of the TRIPS 
Council of 11 June 2013; while that on Certain Obligations with respect to Pharmaceutical Products 
as provided for in the Decision of the TRIPS Council of 27 June 2002 (IP/C/25). WT/ACC/LBR/14  
 
- 22 - 
 
  The drafting of the Intellectual Property Act of 2014 is an additional concrete result of the WIPO 
Intellectual Property Development Plan which went into effect in 2009.  
The offering of IP courses at Liberian universities is about to kick off at the African Methodist 
Episcopal University and there are plans to extend this to other universities' curriculum (e.g. 
University of Liberia and Cuttington University).  
There have been other IPR-related workshops on various IPR issues (including the importance of 
the inclusion of IPR courses in university curriculums). For instance, one WIPO sponsored 
workshop was held on this topic in October 2013 with various universities including the African 
Methodist Episcopal University.  
Question 53 We look forward to receiving and reviewin g the Liberia Intellectual Property Act of 
2012.  In order to assess the compatibility of Liberia's trade regime with WTO provisions 
we will need to see and review legislation.  When does the Government of Liberia expect 
the new laws and regulations to be finalized and enacted?  We would like to request that 
Liberia provide an opportunity to review an d comment on the draft's compatibility with 
the WTO TRIPS Agreement before the legislation is enacted. 
Answer: 
See reply to Question 50 in this document. Question 54 - Will Liberia have only one Collective Ma nagement Organization (CMO) or will 
there be more than one? 
- What type(s) of rights for what type(s) of works will be exercised? 
- Will the CMO(s) represent only authors and rightholders who are members and 
have provided authorization or will  it represent non-members as well? 
- Will the CMO apply the principle of national treatment to all its activities? 
Answer: 
Liberia currently has one Collective Management Organization (CMO) which represents five 
right-holders' associations (Musician Union, Liberian Association of Writers, Cultural Union, Movies 
Union, and the Fine Arts Union). However, Liberia might have additional CMOs as it is enshrined in Section 2.44 of Liberia Copyright Law from 1997 and Section 4.43 (1 and 7) of the Draft Intellectual Property Act of 2014.  In fact, the Copyright Act of 1997, Section 2.44, foresees that 
the Copyright Office shall encourage the establishmen t of "National Collective Societies" to protect 
authors, performers and producers, and supervis e the activities of said collective societies. 
Moreover, Parts I and II in Chapter 3 (Copyright Act)  of the Draft Intellectual Property Act of 2014 
provide for the protection of authors', perfor mers', producers' of sound recordings and 
broadcasting organizations' rights.  The CMO will, pursuant to the Draft Intellectual Property Act of 2014 represent both members and non-members on a national treatment basis. 
Question 55 
The Government of Liberia indicates that it is in the process of drafting anti-piracy 
regulations to "give weight to the protection of  Intellectual Property Ri ghts in Liberia."   
Please describe some key provisions in the anti-piracy regulations.   
- When does the Government expect to implement the regulations?   
Answer: 
IPR Law covers anti-piracy.  WT/ACC/LBR/14  
 
- 23 - 
 
  Question 56 
When does the Government expect to provide a copy of the Intellectual Property Act of 
2012 for the Working Party's consideration?  Without an opportunity to review it, we will be unable to determine whether or not it is compatible with WTO obligations. 
Answer: 
See reply to Question 50 in this document. 
Question 57 
According to the Government, "the Manage ment Board has been removed and will be 
replaced by the Collective Management Orga nizations (CMO) that will also be charged 
with the responsibility of forwarding infringe ment cases to the appropriate authorities in 
the Copyright Office."  Please explain:  
 how the CMO will be alerted to cases of infringement,  
 if the CMO will have any duty to make pr eliminary inquiries in to the infringement 
complaints that it receives, and  
 if the CMO will handle criminal an d civil infringement cases.   
 by what means, exactly, will the Gove rnment ensure that the CMO meets the 
expectations of stakeholders in seekin g protection on their behalf? and,  
 is the CMO just replacing the Copyright Management Board (CMB)?  If so, what 
makes the CMO different/better-managed?  If not, then what are the new duties 
of the CMO? 
Answer: 
The Management Board has not been removed (officer in charge of the Copyright Office) or 
replaced. It performs functions different from Collective Management Organizations. Part IV 
Section 4.43 (2) of the Draft Intellectual Proper ty Act of 2014 empowers the Intellectual Property 
Office to regulate the conditions for registration as a CMO. CMO members can forward alleged 
infringement cases to the CMO. The latter will alert the Copyright Office of cases through a formal communication upon which it will act (hear, investigate and make determinations). Beyond that, 
CMOs do not engage in infringement cases. This is the current regime. The functions of the CMO 
under the Draft Intellectual Property Act of 2014 ar e stated in Section 4.43. It is foreseen that 
they be under supervision of the Intellectual Property Office. Collective Management Organizations will conclude licensing agreements with users of  literary and artistic works. Moreover, such 
organizations will distribute remuneration to the creators/right-holders. Pursuant to the said draft 
(Section 2.4), there will still be a Management  Board who will supervise the Copyright Office. 
Question 58 
According to the Government, "The economic interest of authors is to ensure that 
Liberian authors benefit from their works in  order that their succe ssors should benefit 
as well."  While we appreciate Liberia's resp onse, we would like to clarify that we are 
interested in examples of the rights associate d with authors' economic interests in their 
works.  Please identify each economic interest of authors (e.g., reproduction, 
distribution, adaptation, public performanc e, making available, etc.) that will be 
protected in the Intellect ual Property Act of 2012. 
Answer: 
 
The rights associated with authors' economic interests in their works are clearly identified in 
Section 4.7 of the Intellection Property Act of 2014. It states "subject to exceptions provided for in 
this Act, the owner of copyright shall have the exclusive right to carry out or to authorize the 
following acts in relation to the work":  
(a) Reproduction of the work; 
(b) Translation of the work; WT/ACC/LBR/14  
 
- 24 - 
 
  (c) Adaptation, arrangement or other transformation of the work; 
(d) Distribution of the original or a copy of the work to the public through sale, rental or 
otherwise; 
(e) Rental of the original or a copy of an audiovisual work, a work embodied in a sound 
recording or a computer program; 
(f) Public performance of the work; 
(g) Broadcasting of the work; and 
(h) Other communication to the public of the work. 
Question 59 The Government of Liberia noted "[t]he Ministry of Commerce,  the Ministry of 
Information, Culture and Tourism, and the Ministry of Labour are responsible for 
implementing enforcement in collaborat ion with the Copyright Office."   
- Please explain how all of these agenci es currently work together to provide 
efficient enforcement of intellectual property rights.  
- Under the Intellectual Property Act of 2012, will the same agencies be charged 
with enforcement of intellectual pr operty rights in Liberia?   
Answer: 
In addition to Ministry of Commerce, Ministry  of Information, Culture and Tourism (MICAT), 
Ministry of Labor, Liberia Revenue Authority (Dep artment of Customs) and Ministry of Justice are 
also involved in enforcement of IPRs. MICAT is, in practice, performing some functions of the 
Copyright Office ( inter alia  issuing certificates to sell CDs). There is indeed an overlap of 
enforcement functions and there is an ongoing inter- agency (Copyright Office and MICAT) effort to 
coordinate IPR enforcement.   
2. Substantive standards of protection, in cluding procedures for the acquisition and 
maintenance of Intellectual Property Rights 
Question 60 Please clarify whether there are existing laws and regulations that govern genetic 
engineering and products derived from ge netic engineering in Liberia.  If such 
legislation exists, we request that Liberia pl ease provide a copy.  Liberia noted that the 
Central Agricultural Research Institute (C ARI) has recently developed a number of 
varieties and is also engaged in research.  If CARI utilized genetic engineering to 
develop the above mentioned varieties, please  identify the laws and regulations that 
govern CARI's activities and provide copies of the relevant laws and regulations.   
Answer: 
There are no specific laws and regulations governing genetic engineering and products derived 
from genetic engineering in Liberia. The Central Agricultural Research Institute (CARI) carries out conventional breeding in collaboration and consultation with members of the Consultative Group 
for International Agricultural Research (CGIAR), especially the International Institute for Tropical 
Agriculture (IITA) and Africa Rice. The Government of Liberia has begun the process of restructuring and revitalizing CARI, including a governance structure, board and strategic 
development plan with a view of building a National Research Institute. WT/ACC/LBR/14  
 
- 25 - 
 
  (a) Copyright and related rights, includin g rights of performers, producers of 
phonograms and broadcasting organizations 
Question 61 Please provide a copy of the law or provisions  of the law that the Government of Liberia 
plans to enact to protect digital works so th at we can assess its compatibility with the 
obligations required by the WTO.   
Answer: 
See reply to Question 50 in this document. Question 62 Will the basic term for copyright protection in  the Intellectual Property Act of 2012 be 
50 years or life of the author plus 50 years (beginning January 1 of the year following 
the death)?  Please provide the terms of prot ection under the Intellectual Property Act 
of 2012 for:  authors of works, audiovis ual works, anonymous works, photographs, 
phonogram producers, phonogram performe rs and broadcasting organizations. 
Answer: 
Section 4.21 of the Draft Intellectual Property  Act of 2014 provides the term of copyright 
protection as follows: 
 
- Authors of works (subsection 1): "The economic and moral rights in literary, musical and 
artistic works, other than photographs, shall be  protected during the life of the author and 
for fifty years after the end of the year in which the author dies"; 
- Audiovisual works (subsection 3): "The economic and moral rights shall be protected for 
fifty years from the end of the calendar year in which the work was made or first made available to the public by authorized publication or by any other means, whichever date is 
the latest";  
- Anonymous works (subsection 5): "the economic and moral rights shall be protected for 
fifty years from the end of the calendar year in which the work was made or first made 
available to the public, by authorized publication, whichever date is the latest, provided 
that where the author's identity is revealed or is no longer in doubt before the expiration of 
the said period, the provisions of subsection (1 ) or subsection (2) shall apply, as the case 
may be"; 
- Photographs (subsection 7): "the economic and moral rights shall be protected for fifty 
years from the end of the calendar year in which the work was made or first made available to the public by publication, whichever date is the latest";  
- Broadcasting organizations (subsection 4): "the economic and moral rights shall be 
protected for fifty years from the end of the calendar year in which the broadcast took place". 
(b) Trademarks 
Question 63 Regarding trademark protection, Liberia Inte llectual Property Law provides that the 
period for protection for registration is ten years and a grace period six months shall be 
allowed for renewal.  However, Article 18 of the WTO TRIPS Agreement provides 
indefinite renewal.  Will Liberia therefore be adjusting its legislation to be in line with 
the WTO TRIPS Agreement? 
Answer: 
Liberia will indeed adjust its legislation to align with the TRIPS Agreement (see the Draft 
Intellectual Property Law Act of 2014 circulated to Member in the document WT/ACC/LBR/12).  WT/ACC/LBR/14  
 
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  4. ENFORCEMENT 
Question 64 According to the Government, enforcement pr ovisions will be added to the Intellectual 
Property Act of 2012.  Will the Intellectual Pr operty Act of 2012 include administrative, 
provisional, border, criminal an d civil enforcement provisions? 
Answer: 
Yes, the Draft Intellectual Property Act of 2014 addresses administrative, provisional, border, 
criminal, and civil enforcement provision (Part 5 of the Draft Intellectual Property Act). 
Annex I – General Questions: Transparency Question 65 Could Liberia inform whether public consultati ons with stakeholders are required before 
adopting laws?  If not, would Liberia have th e intention to establish such consultations?  
We encourage the Liberian authorities to re gularly consult stakeholders on new laws 
and enact a solid regulatory review process to  foster overall transparency of its policy-
making. 
Answer: 
In Liberia it is standard practice for stakeholder consultations to be held before a law is enacted. 
However, there exists no law or regulatory framewor k in Liberia that states public consultation or 
input before adopting laws is necessary.  
 
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