WT/TPR/M/365/Add.1  
16 March 2018  
(18-1598) Page: 1/30 
Trade Policy Review Body  
23 and 25 January 2018  Original: English/anglais/inglés  
 
  
TRADE POLICY REVIEW  
THE GAMBIA 
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Juan Carlos Gonzalez (Colombia)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  the Gambia .1 
 
 
Organe d'examen des politiques commerciales  
23 et 25 janvier 2018  
EXAMEN DES POLITIQUE S COMMERCIALES  
GAMBIE 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : S.E.  M. Juan Carlos Gonzalez (Colombie)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  Gambie .1 
 
 
Órgano de Examen de las Políticas Comerciales  
23 y 25 de enero de 2018  
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
GAMBIA 
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Juan Carlos Gonzalez (Colombia)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la OMC,  así como las respues tas facilitadas por  
Gambia .1 
  
                                                
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/365/Add.1  
 
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1  QUESTIONS FROM BRAZI L ................................ ................................ ...........................  3 
2  QUESTIONS FROM THE U NITED STATES  ................................ ................................ ....... 4 
3  QUESTIONS FROM THE E UROPEAN UNION  ................................ ................................ . 12 
4  QUESTION FROM CANADA  ................................ ................................ ..........................  16 
5  QUESTIONS FROM JAPAN  ................................ ................................ ...........................  17 
6  QUESTIONS FROM CHINA  ................................ ................................ ...........................  18 
7  QUESTIONS FROM THAIL AND ................................ ................................ ....................  24 
8  FOLLOW -UP QUESTIONS FROM TH E UNITED STATES  ................................ .................  28 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 WT/TPR/M/365/Add.1  
 
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1  QUESTIONS FROM BRAZI L 
Report by the Secretariat (WT/TPR/S/365)  
- Pages 7 -8 (para. 20)  
"Merchandise trade data are collected by the Gambia Revenue Authority (Customs and Excise 
Department) through the Automated System for Customs Data (ASYCUDA). The raw data are then 
used by the Gambia Bureau of Statistics (GBOS) to produce trade statistics using the Eurotrace 
software developed by the Europe an Union. However, there is a need to improve the availability 
and quality of merchandise trade data, particularly from 2015 and with regard to re -export trade."  
Question 1  
How does The Gambia intend to improve the availability and quality of merchandise trade data 
with regard to re -export trade?  
Answer  
As part of efforts to improve the availability and quality of trade data, particularly re -exports, the 
Ministry of Trade, Industry, Regional Integration and Employment through the EIF programme and 
in colla boration with the Gambia Revenue Authority has conducted a series of trainings for Clearing 
and Forwarding Agents. The objective of the trainings is to enhance the capacities of these Agents 
in accurately completing the Customs Declaration Form.  
- Page 10  (para. 9)  
"The Gambia has been a WTO Member since 23 October 1996. As a least -developed country, it is a 
beneficiary of the special and differential treatment provisions applicable to LDCs under WTO 
agreements. The Gambia is not a party to any of the WTO plurilateral agreements and has not 
been involved in any WTO dispute settlement procedures (as of July 2017) . The Gambia deposited 
its instrument of acceptance of the Trade Facilitation Agreement (TFA) on 11 July 2017. As at the 
end of September 2017, The  Gambia has not yet submitted its Category A notification."  
Question 2  
Could The Gambia provide information on when it intends to submit its Category A notification?  
Answer  
The Government of the Gambia ratified the WTO Trade Facilitation Agreement in March  2017. 
Subsequently, the instrument of ratification was submitted to the WTO in July 2017. The 
Government has completed the preparation of the TFA Category A, B and C notifications and 
intends to submit these notifications to the WTO by end February 2018.  WT/TPR/M/365/Add.1  
 
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2  QUESTIONS FROM THE U NITED STATES  
PART I: QUESTIONS ON THE SECRETARIAT REPORT (WT/TPR/S/365)  
2 TRADE AND INVESTMENT REGIME  
2.3 Trade Agreements and Arrangements  
Page 22, paragraph 2.9 : The Secretariat 's Report indicates that The Gambia has not yet submitted 
its Trade Facilitation Agreement Category A notification. Please identify when The Gambia will 
submit this notification, as well as its Category B notification.  
 
Answer  
The Government of the Gambia ratified the WTO Trade Facilitation Agreement in  March 2017. 
Subsequently, the instrument of ratification was submitted to the WTO in July 2017. The 
Government has completed the preparation of the TFA Category A, B and C notifications and 
intends to submit these notifications to the WTO by end February 2018.  
2.3.2 Regional and preferential agreements  
2.3.2.1 Economic Community of West African States (ECOWAS)  
Page 23, paragraph 2.12 : The Secretariat 's Report mentions The Gambia 's implementation of the 
ECOWAS Trade Liberalization Scheme (ETLS). Besides im plementing the ETLS, please explain what 
other plans The Gambia has for regional connectivity and regional integration.  
 
Answer  
The Gambia is implementing the following Regional Integration programmes:  
 
 Inter State Road Transit (ISRT ) Scheme (started July 2013) – the objective is to facilitate 
the transportation of transit goods between the territories of the ECOWAS Member States.  
 ECOWAS Common External Tariff (started January 2017) - one of the instruments of 
harmonizing ECOWAS Member States to enhance the creation of its Common Market.  
 Free Movement Protocol – this allows citizens within the ECOWAS member states to freely 
travel, take residence and establish amongst any of the member states. In this regard, 
The Gambia has abolis hed the entry visas for ECOWAS Nationals, issuing ECOWAS 
passports, and adopted the ECOWAS travel certificate in line with the provisions of the 
protocol.  
 
In addition to these regional programmes, the Government of The Gambia (GoTG), through the 
incumben t Gamtel, implemented the ECOWAS Wide Area Network (ECOWAN) Project. This project 
installed state -of-the-art optic fibre network as the National Backbone plus an e -Government 
component. Another component of this project is to deploy e -Government applicatio ns and 
systems across the ECOWAS region for regional connectivity and integration. This component, to 
be coordinated by ECOWAS is at its initial stage and a feasibility study has already been 
conducted.  
The GoTG took part and implemented the West Africa Re gional Communication Infrastructure 
Program (WARCIP) - The Gambia. This project laid down submarine cable that interconnected 
ECOWAS member states plus other African countries along the coast.  
GoTG is also committed to and serves as the Chairperson to the  Board of Directors of Regional 
Africa Satellite Communication (RASCOM) Organization which provides telecommunication 
services, direct TV broadcast services and Internet access in Africa through satellite services.  
In the area of promoting communication se rvices, the GoTG is committed to and is in the process 
of ratifying the Mobile Roaming Agreement in ECOWAS to support free cross border mobile 
communication services. There is cross border fibre connection with Senegal co -shared between 
SONATEL of Senegal and Gamtel of The Gambia. The GoTG is also supportive and committed to 
the implementation of ECOWAS programmes relating to energy and infrastructure.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.5.1 Import prohibitions  
Page 39, paragraph 3.44 : The Secretariat 's Report states: "It is difficult to establish an exhaustive 
list of products subject to import prohibition (or restriction)." Please explain this difficulty and 
provide such a list.  
 WT/TPR/M/365/Add.1  
 
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Answer  
In the past, there were policy inconsistencies in rel ation to import prohibition/restriction on certain 
products which made it difficult to have an exhaustive list of import prohibitions/restrictions. The 
new Government as part of requirements to ensure policies are consistent with the WTO 
Agreements has dro pped all those policies immediately after its commencement of operations in 
February 2017. The only prohibitions and restrictions for imports into The Gambia are as defined in 
part A (Prohibited) and part B (Restriction) of the Eight schedule of the Custom  and Excise Act 
2010 as follows:  
PART A – Prohibited Imports  
1. False money or counterfeit currency notes or coins and any money not being of the 
established standard in weight or fitness.  
2. Indecent and obscene prints, painting, books, cards, lithographs, or o ther engravings and 
any indecent or obscene articles.  
3. Machines in the manufacture of which white phosphorus has been employed.  
4. Denature spirits, unless in respect of each consignment, the manufacture has produced a 
certificate issued in the country of expo rtation or shipment by such official authority as 
may be acceptable to the commissioner general, that spirits have been denatured in 
accordance with the provisions of this act.  
5. Any article marked, without proper authority, with the armorial ensigns or coat  of arms of 
the Gambia or having ensigns or arms so closely resembling them as to be calculated to 
deceive.  
6. Any advertisement or statement intended to promote the sale of any medicine, appliance 
or article for the alleviation or cure of tuberculosis or of cancer, or of any venereal disease 
affecting the generative organs or functions or sexual impotence, or of any complaint or 
infirmity arising from or relating to sexual intercourse in or of humans: provided that 
nothing herein shall apply to a book, docume nt or paper published for the advancement of 
medical science and intended for the use of a government department or registered 
medical practitioner. Any medicine, appliance or article to which is affixed an 
advertisement or statement referred to in paragra ph 1 or to which such an advertisement 
or statement relates  
7. Distilled beverages containing essential oils or chemicals products which are injurious to 
health, including thujone , star anise, benzoic aldehyde, salicylic esters, hyssop and 
absinthe. Provided that nothing herein contained shall apply to Anise and Anisette liqueurs 
containing not more than 0.1 per centrum of oil of anise and distilled from either 
Pimpinella anisum or  the star anise allicium verum.  
8. Manufactured articles bearing the name, address, or trademark of any manufacturer or 
dealer of the name of any place in The Gambia, calculated to impart to those articles a 
special character of the Gambia manufacturer and which are not of that manufacturer.  
9. Firearms and ammunition of all types and other articles having the appearance of lethal 
weapons imported by post.  
10. Any goods certified by the Gambia Bureau of Standards as not meeting the standards set 
by the Bureau or de clared by a medical officer of health appointed under the Public Health 
Act to be hazardous to health. Provided that such goods shall be re -exported or destroyed 
within thirty days of the date of the goods are declared to health.  
11. Books, newspapers or any o ther matter whatsoever, which in the favor of the 
commissioner general, subject to any directive of the minister are seditious, scandalous, or 
demoralizing.  
12. Waste and sludge deposits.  
13. Any goods the importation of which is prohibited under any international  convention to 
which the Gambia is a signatory.  
14. Skimmed milk, whether fresh, tinned or powered, unless the bottles, tins or other 
receptacles containing the same are clearly marked so as to ensure that they are easily 
distinguished from bottles, tins or ot her receptacles containing whole milk.  
15. Any organic phosphorus compound.  
16. Exhausted tea, being tea which has been deprived of its proper quality, strength or virtue 
by sleeping, infusion, decoction, by being mixed with other substances or by any other 
means.  
17. Any goods that have been imported with the aim of breaching another 's intellectual 
property rights.  
18. Expired food.  
19. Asbestos in all forms.  WT/TPR/M/365/Add.1  
 
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PART B – RESTRICTED IMPORTS  
1. Tear gas and any other similar lachrymatory substance (whether in liquid or gaseous 
form) whatsoever and any device or instrument specifically designed to expel tear gas or 
any such other similar lachrymatory substances (whether in liquid or gaseous form) 
except under and in accordance with the terms of a written permit granted by the 
minister of interior.  
2. Potable spirits, unless in respect of each consignment of spirits there is produced a 
certificate of age, issued in the country of production or shipment by such official 
authority as may be acceptable to the commissioner general showing that  the spirits have 
been stored in wood for a period of not less than three years:  
2A. D enatured spirits, unless in respect of each consignment, the manufacturer is 
produced a certificate issued in the country of exportation or shipment by such 
official auth ority as may be acceptable to the commissioner general, that spirits 
have been denatured in accordance with provision of this act.  
Provided that:  
- The commissioner general may accept in place of a certificate of age a sworn declaration 
to the same effect fr om the blender or exporter of the spirits in respect of all shipments 
made within a period of twelve months from the date of such declaration;  
- No certificate of age or declaration shall be necessary in respect of potable spirits in which 
the commissioner g eneral is satisfied are:  
 Alcoholic bitters, liqueurs, cordials and similar alcoholic mixtures;  
 Gin, Geneva, Hollands, schnapps, rum or any other similar potable spirits;  
 Spirit imported for medical, industrial or scientific purposes.  
3. Postal franking machines, expect under and in accordance with the terms of a written 
permit granted by the managing director of the Gambia postal services corporation.  
4. Traps capable of killing or capturing any game animal, except under and in accordance 
with the terms of a written permit granted by the ministry of forestry and environment.  
5. Articles bearing Boy Scout or Girl Guide badges, tokens or emblems, except under and in 
accordance with the terms of a written permit granted by the Boy Scout or Girl Guide 
commissioner.  
6. Sound moderators or silencers capable of being fitted to a firearm as defined in the 
firearms act, except under and in accordance with the term of a written permit granted by 
the minister of interior.  
7. Unwrought precious metals and precious metals which ar e not manufactured or made up 
into any article of commerce, from Sierra L eone, Liberia, Guinea Conakry, Côte d'Ivoire , 
Ghana, Nigeria, Niger, Mauritania and Cabo Verde whether to be imported in transit or for 
transshipment or otherwise except under and in accordance with a written permit granted 
by the minister.  
8. Used motor vehicles, unless there is in respect of each such vehicle, a certificate of 
roadworthiness from an officially recognized government agent of the country of export.  
9. Any other goods the imp ortation of which is restricted under any int ernational convention 
to which T he Gambia is a signatory.  
10. Machines for duplicating keys.  
11. Handcuffs, except under a license issued by the minister of interior.  
12. Live fish, othe r than live fish indigenous to T he Gambia, except under a license issued by 
the minister of fisheries.  
 
3.1.5.2 Import restrictions and 3.1.5.3 Import licensing  
Pages 39 -40, paragraphs 3.46 -3.47: The Secretariat 's Report notes that imports of certain goods 
(e.g., spirits, used motor vehicle s, and live fish) can be subject to trade restrictions requiring an 
import permit. Yet, the Report also states that The Gambia has notified the WTO that it does not 
maintain an import licensing system. Please clarify how the import permit regime is differe nt from 
an import licensing system.  
 WT/TPR/M/365/Add.1  
 
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Answer  
The Gambia does not require import permit for the import of spirits, used motor vehicles, and live 
fish. The importation of these goods is being regulated by the Customs Act 2010 and this Act does 
not require an import permit license.  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
Page 42, paragraph 3.68 : The Secretariat 's Report states that The Gambia Standards Bureau 
(TGSB) under the Ministry of Trade, Industry, Reg ional Integration and Employment (MOTIE) is 
responsible for standardizing methods, processes, and products in the country, and is the WTO 
TBT enquiry point, with the MOTIE responsible for WTO notification. Since joining the WTO, The 
Gambia has notified twi ce in 2014 to the WTO TBT Committee. Please explain how The Gambia 's 
TGSB and MOTIE coordinate internally and with other Ministries to determine whether to notify to 
the WTO TBT Committee a technical regulation or standard to fulfill its transparency/notif ication 
commitments under Article 2.9.3 and 5.6 of the WTO TBT Agreement.  
 
Answer  
The Ministry of Trade, Industry, Regional Integration and Employment is the National Notification 
Authority and has established a National Technical Regulation Committee and National 
Notifications Working Group to ensure that trade related legislations are  consistent with required 
WTO Agreements and to facilitate their notifications to the WTO. Both MOTIE and the Gambia 
Standards Bureau are members of the National Technical Regulation Committee and National 
Notifications Working Group. Once a sector or an i nstitution drafted a trade related legislation 
(including technical regulations) it is presented and reviewed by the National Technical Regulation 
Committee to ensure that the legislation does not contradict other legislations and is consistent to 
the requ ired WTO Agreements. The final draft of the legislation is then presented to the National 
Notifications Working Group that checks to determine if the legislation have to be notified or not 
and if so prepares the notification base on the appropriate provisi ons of the WTO agreements. 
MOTIE as the notification authority transmits the prepared notifications to the WTO for circulation 
to Members.  
Page 42, paragraph 3.69 : The Secretariat 's Report states that interested parties (e.g., public 
sector, private secto r, academia, and the public) may submit proposals for national standards to 
TGSB. Please clarify whether foreign stakeholders may submit proposals and participate in TGSB 
development of national standards.  
 
In addition, the Secretariat 's Report states tha t the n ational standard technical committees under 
TGSB prepare draft standards  and publish them for usually a 60-day period for public comment, 
and provides written responses to comments received. Since a draft TGSB standard is usually 
circulated for a 60 -day public comment period, please identify what factors are considered by 
TGSB and MOTIE to determine whether to notify the draft to the WTO TBT Committee to meet the 
notification/transparency commitments under the WTO TBT Agreement.   
 
Answer  
Proposals fo r standards development can come from all stakeholders in the public and private 
sector including academia and consumer groups. International stakeholders can also submit 
proposals and participate in the development of national standards.  
TGSB has a polic y to adopt International Standards wherever possible and works in accordance 
with the WTO Code of Good Practice (Annex 3 of TBT Agreement) as well as the ISO/IEC Guide 21 
for the adoption of International standards. In the case where international standard s are adopted 
as national standards no notification is done. On the other hand, standards developed which are 
not based on international standards will be notified to WTO before publication.  
Page 43, paragraph 3.75 : The Secretariat 's Report states that the  Food Safety and Quality 
Authority (FSQA) is in the process of preparing a regulation on labelling of pre -packaged food. 
Please explain how The Gambia 's TGSB and MOTIE coordinate with FSQA to determine whether to 
notify the draft technical regulation or st andard to the WTO TBT Committee to meet the 
notification/transparency commitments under the WTO TBT Agreement.  
 
Please also identify when The Gambia will notify its draft regulation on labelling of pre -packaged 
food to the WTO TBT Committee for at least a 60-day comment period for WTO Members.  WT/TPR/M/365/Add.1  
 
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Answer  
The development of technical regulations goes through a consultative process. When MOTIE or 
FSQA or other stakeholders felt the need for the development of a technical regulation for food 
safety and quality rel ated issues, a request will be made to the FSQA for the development of the 
regulation. In the development of the regulation, FSQA may either use the national standard 
developed by TGSB or Codex standards. The draft regulation once developed, is reviewed by  the 
National Technical Regulation Committee to ensure consistency with other national legislations and 
the WTO SPS or TBT Agreements. As both importers and domestic producers of the regulated 
product will be required to comply with the proposed technical regulation, the final draft of the 
regulation will be presented to the National Notification Working Group for the preparation of the 
notification as required by the WTO SPS or the TBT Agreements. MOTIE as the notification 
authority transmits the prepared notifications to the WTO for circulation to Members.  
The Gambia will submit its notification on the draft regulation on labeling of pre -packaged food to 
the WTO TBT Committee before end of the first quarter of 2018.  
3.3.5  State trading, state -owned enterprises,  and privatization  
Page 47, paragraph 3.105 : The Secretariat 's Report states that "[a]ccording to the authorities, The 
Gambia does not have any state -trading enterprise." That being said, The Gambia has not 
provided the required state -trading enterprise no tification to the WTO 's Working Party on State 
Trading Enterprises since 1996. Please state when The Gambia will submit the required 
notification.  
 
Answer  
The Gambia does not maintain any state trading enterprises as per the definition in the 
Understanding  on the Interpretation of Article XVII of GATT 1994.  Notifications to this effect have 
not been submitted since 1997. Nonetheless, The Gambia intends to submit the outstanding 
notifications to the Working Party on State Trading Enterprises in 2018.   
 
3.3.7 Intellectual property rights  
3.3.7.2 Copyrights  
Page 50, paragraph 3.122 , note 76: Note 76 in the Secretariat's Report references a draft 
amendment to the Copyright Act. Please confirm that the proposed amendment would amend the 
Copyright Act 2004. Also,  please provide a summary of the proposed amendments, as well as an 
update on the current status of the legislative process (e.g., expected next steps including the 
legislative and implementation timelines).  
 
Answer  
The Copyright Act, 2004 has not been amended since it was passed in 2004. However, given the 
expansion in the nature of copyright protectable works, The Gambia appreciates its obligations and 
the need to correspondingly amend its intellectual property laws, which includes the Copyright Act, 
2004 in order to provide protection for all copyright protected works. There is already a draft 
copyright amendment awaiting due process to be tabled before the National Assembly. The 
copyright amendment should be passed by mid -2018.  
The amendment will prov ide protection for copyright works published on the internet, databases 
and will also provide exceptions to access to copyrighted work for the print and visually impaired 
persons.  
There is also the Copyright Regulations is also being developed and it is ex pected to be completed 
in 2018. All these draft legislations will be notified in accordance with the WTO agreements if 
required.  
Page 50, paragraph 3.125 : Please identify the number of cases that the National Centre for Arts 
and Culture (NCAC) resolved th rough alternative dispute resolution in the past year. Please also 
provide the average number of cases resolved per year by alternative dispute resolution over the 
past five. Finally, of the cases submitted to NCAC for disposition through alternative dispu te 
resolution, please identify how many were appealed to the High Court.  
WT/TPR/M/365/Add.1  
 
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Answer  
The National Centre for Arts and Culture (NCAC) resolved three (3) cases through alternative 
dispute resolution in 2017. The average number of cases resolved through alternativ e dispute 
resolution in the past five years is twenty (20) cases. No appeal was lodged before the High Court 
of The Gambia from all the decisions of the Alternative Dispute Resolution Secretariat, Banjul.  
PART II: QUESTIONS ON THE GOVERNMENT REPORT (WT/TPR /G/3 65) 
 
2 SECTORAL PERFORMANCE  
2.3 Transport  
Page 8, paragraph 2.13 : The Government 's Report outlines priorities for improving regional 
connectivity to position The Gambia as a transit hub for the West Africa region. The Trans -Gambia 
Bridge, currently und er construction, may significantly improve infrastructure to facilitate regional 
trade through The Gambia, but the benefits from these investments will also depend on the 
policies in place to increase regional trade through The Gambia. Please identify what  policies The 
Gambia will implement to facilitate the flow of goods through the region and maximize the benefits 
from the Trans Gambia Bridge and other regional infrastructure.  
 
Answer  
In line with the overall mission of the National Transport Policy (2018 -2028), the mission for 
Roads, Freight and Passenger Policy is:  
As envisage in the mission statement of the Road Transport Policy, the Ministry of Transport, 
Works, and Infrastructure has clearly map out objectives and develop strategies for Passenger and 
Freight Transport Policy. The Passenger Freight Transport Policy  3, which state; ''The Gambia to 
participate in Regional, Sub regional cooperation in the field of transport ''. One of the strategies 
develop for the implementation of this policy is; Gambia to ensure effective implementation of all 
relevant sub regional ( ECOWAS) international protocols pertaining to the free movement of goods 
and person in cross border transport and to implement the bilateral/tripartite agreements 
(Gambia/Senegal/Mali) to facilitate movement of traffic in each other 's territories.  
The idea  of implementing these strategies is to foster sub regional integration which is also reason 
that the construction of Trans Gambia Bridge. The bridge is an ideal location for fostering sub 
regional integration in terms of transport, trade and security. The  Gambia is defined for its ideal 
location in the sub region in terms of providing good interstate road connectivity. The country 
offers two -way interstate movement of both freight and passengers.  
The bridge will facilitate the transportation of predominan t farm produce including groundnuts, 
rice, millet and vegetables between Farafenni in North Bank Gambia and Jarra Soma in the South 
Bank of the country. The local women who mostly trade in vegetables and rice production have the 
potential of expanding thei r businesses when the bridge is ready to provide two -way 
transportation of their commodities. In a nutshell, the Trans Gambia Bridge stands to join Jarra 
Soma and Farrafenni as one major business city that will rival major cities in the sub -region in 
terms  of trade and investment.  
There is an implementation strategy on the Roads, Freight and Passenger policy to ensure 
effective implementation. Proper implementation of this strategy will make the Trans Gambia 
Bridge and its two associated joint border posts as one land mark development project in the sub - 
region. The implementation of the strategy will ensure that thousands of tonnes of fruits, 
vegetables and forest products will be delivered in shorter time via Trans Gambia from the 
Southern part of Senegal to the vibrant consumer market of Northern Senegal. In the reverse 
channel, millions of tonnes of processed commodities, modern farm equipment, and skill labor 
from the Northern Senegal will be transported through the bridge to the Southern Senegalese 
region of Cassamance. With appropriate measures in the strategy implement on the above policy 
which clearly seeks to encourage regional integration in transport, the Trans Gambia Bridge will no 
doubt strength Gambia 's statues as the economic hub for the sub -region. The bridge will generate 
both local and foreign investment along the Dakar -Farafenni - Zinganchour - Bissau corridor.  
2.7 Energy  
Page 10, paragraph 2.29 : Please explain how The Gambia sees improvements in regional energy 
infrastructure playing a role in The Gambia 's energy security and as a mechanism to support 
increased trade and investment.  
 WT/TPR/M/365/Add.1  
 
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Answer  
The Gambia has long suffered from large deficits of energy (especially electricity) countrywide. 
Expensive and unreliable power supply impedes private sec tor growth and industrial development 
and it deprives the country of critical investment capital.  
The ECOWAS sub -region has a very high energy production potential both from renewable sources 
(hydro Solar, wind) and non -renewable sources (oil, gas, cold, uranium etc.).  
Improving regional energy infrastructure, could therefore mean a more reliable and affordable 
energy for the Gambia and even more so a secured one. A secured, reliable and affordable energy 
supply would result to a more vibrant private sector which is the engine of growth in a modern 
economy. It opens the door for investment and industrial development in the areas of tourism, 
manufacturing, agriculture, and other services.  
National Water and Electricity Company (NAWEC) on behalf of the G overnment of the Gambia 
entered into a power purchasing agreement (PPA) with SENELEC on behalf of the Government of 
the Senegal to supply electricity to rural Gambia. This has led to the rural area receiving 24 hour 
electricity supply instead of 12 hours.  
By and large, improvements in the regional energy infrastructure in the sub -region would 
immensely contribute to the Gambia 's development agenda in all areas, be it Education, health, 
agriculture, industries and all services. It would serve as a catalyst i n mobilizing needed 
investment capital for national development.  
3 TRADE POLICY ENVIRONMENT  
3.2 Trade Facilitation  
Page 12, paragraph 3.7 : As described in the Government 's Report, the single window for business 
registration does not appear to be a single windo w for customs clearance purposes. Please confirm 
that this is a correct understanding and, if so, please clarify why this single window is being 
discussed in the trade facilitation section as part of a broader discussion of the Trade Facilitation 
Agreement . 
 
Answer  
The single window is for business registration and not for custom clearance purposes. The reason 
why single window has been discussed under the trade facilitation section is because one of the 
goals of establishing the single window business regi stration is to enhance and facilitate the 
speedy registration of businesses and other business activities in The Gambia, ideally within 24 
hours. This will help avoid undue delays and facilitate trade.  
 
In addition, the United States understands that becau se there are only two berths at the port, 
congestion sometimes can occur which prevents goods from being cleared in a timely manner. 
Please clarify whether The Gambia has a plan to help improve port congestion and, if so, please 
provide further details reg arding this plan.  
 
Answer  
The primary function of a port is to enhance transfer of sea going traffic to road or rail. The speed 
at which such transfer takes place determines the efficiency of a Port. In port, ships cost money 
thus the speed with which ships are turned around directly affects cost of living of a maritime 
Nation. The objective of a Port operator therefore includes reduction of turnaround time of ships by 
improving loading and discharging operations. This can be achieved by improving on Po rt systems 
such as crane operations, Container storage areas and strategies and modal interfaces. The 
current political dispensation has renewed confidence in the Markets creating new entrances. This 
has resulted in increased volume of traffic in Banjul po rt and the consequent Port Congestion due 
to a number of factors including lack of adequate terminal space.  
 
To address the problem of congestion in Banjul Port, on behalf of the Government of The Gambia, 
the Gambia Ports Authority has identified a number of projects for implementation as part of the 
Port expansion project. The project aims to improve the capacity and efficiency of the port of 
Banjul, to transform the Port of Banjul into one of the best ports in the sub -region with fast 
turnaround of vessel s, fast handling and customs clearance and easy documentation.  
 
To this end, the Authority successfully implemented some of the project components and further 
put in place other strategic measures as follows:  WT/TPR/M/365/Add.1  
 
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 In August 2015, commissioned Terminal J 22, 16 ,500sq m. This has increased the total 
storage capacity of the Terminals from 47,000 sq m to 63,500 sq. m thus significantly 
improving port congestion.  
  In September, 2016, established Bund Road Logistic Centre in the Outskirt of Banjul City 
covering an a rea of 6,500Sq m with capacity to handle 1648TEUs. This area has since 
been used for stowage of empty containers thus creating storage space within the port 
terminals for stowage of import and export FCLs. Plans are underway to acquire adjacent 
land to abo ve and develop area into a full fledge off dock container terminal by December 
2018.  
 In 2017, Payment structure for the Dock Labour Force was reviewed and existing tonnage 
payment mode changed to Move i.e. per containers for Containerized cargo and per ba g 
for general Cargo in Bags. This has greatly improved on productivity and consequently, 
ship turnaround time and congestion.  
 In December, 2017, the Authority also took delivery of the 3,000 BHP new tug boat. This is 
to assist in safe and expedient berthi ng ships thus reducing turnaround time.  
 Introduced a Truck queuing system in January 2018. This is to decongest the Container 
Terminals which will significantly improve on the efficiency of shore handling operations.  
Furthermore, the Authority has plans fo r implementation of the following components of the Port 
expansion project:  
 The Extension of the New Banjul Jetty by 200m to increase berth capacity of the Port to 
the availability of a quay length of 500m, capable of handling 3 container ships 
simultaneously. This is aimed at reducing ships waiting time and congestion. A feasibility 
study has already been carried out and the estimated co st of the project is 27million 
euros. Implementation of the project is awaiting availability of funds. The Gov ernment is 
seeking funding from international donors through concessionary loan. The Government is 
also encouraging public private partnership in investment in Port infrastructure.  
 The acquisition of residential properties in the vicinity of the port for e xpansion to create 
additional open storage area for the handling of increasing number of containers.  
  Procurement of a Mobile harbor Crane to complement the cargo handling fleet and enable 
the Port to discharge containers and other cargo directly from Ves sels thus improving on 
Crane productivity. Procurement process already commenced and expected to be 
completed and crane delivered in the 2nd quarter of 2018.  
 Maintenance dredging to improve depths alongside the existing Jetties in order to 
accommodate dee p draft Vessels particularly general Cargo Vessels at the Inner berths 
and old Banjul Wharf. This will significantly reduce ship waiting time. Plans are already at 
an advanced stage to execute the aforementioned project – evaluation of bids already 
complet ed and approval has been given by the GPPA for the Authority to proceed with the 
process. This project is therefore expected to be accomplished by the end of March 2018.  
ADDITIONAL QUESTIONS  
 
Please clarify whether The Gambia has any plans to join the WIPO  Copyright Treaty (WCT) or 
WIPO Performances and Phonograms Treaty (WPPT).  
 
Answer  
Due to the advent and widespread use of the internet, The Gambia appreciates the need and has 
plans to join WCT and WPPT  by end 2018. This will provide protection for the authors that use the 
internet and owners of databases that use valuable time, ideas and resources to create their 
copyright protected works.  WT/TPR/M/365/Add.1  
 
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3  QUESTIONS FROM THE E UROPEAN UNION  
WT/TPR/S/365 – WTO Secretari at's Report  
 
1 ECONOMIC ENVIRONMENT  
1.1 Main Features of the Economy  
Paragraph 1.5, page 9  
 
According to the report, the State continues to have an important role in the economy; virtually all 
state-owned enterprises are in financial distress and constitute a major fiscal burden.  
 
EU question No . 1 
Could The Gambia clarify whether any plans to p rivatize Gambian state owned enterprise are 
envisaged?  
 
Answer  
Currently the only state -owned -enterprise that the Government is looking to privatize is Gamcel (a 
telecoms service provider). The G overnment has secured funding from the World Bank to audit 
five state-owned -enterprises and the results of the audit will determine what direction the 
government will take to either maintain or divest.  
1.2 Recent economic developments  
Paragraph 1.12, page 12 
 
According to the report, the Government's principal sources of revenue are "international trade 
taxes" (i.e. customs duties, excise taxes and VAT collected on import s) as also illustrated in 
Chart  1.1).  
 
EU question No . 2 
Considering the high dependen cy of revenues on imports and the weaknesses of this fiscal system, 
could The Gambia clarify whether it is envisaging any reform of the indirect taxation system 
aiming at a diversification of its tax revenues?  
 
Answer  
Currently there are no plans to refor m the indirect tax system. However there are plans to 
improve the administrative system through capacity building and strengthening enforcement to 
broaden the tax base. The Gambia Revenue Authority (GRA) in collaboration with the ECOWAS 
Commission are work ing closely regarding the harmonization of the indirect taxes in the sub - 
region.  
 
The Government has also started the implementation of measures to promote private sector 
development by adopting measures to improve the business environment and strengthen 
collaboration with the private sector. As indicated i n the 2018 budget statement of T he Gambia, a 
number of measures are now being implemented including the reduction of corporate tax from 
30% to 27%. MOTIE has also established a Business Council consistin g of private and public sector 
representatives that is working with the government to address they key issues that affec t private 
secto development in T he Gambia. These measures w ill support and facilitate the G overnment to 
adopt further reform measures to  promote private sector particularly the MSMEs for improve 
employment creation, complement the civil service reform programme and support economic 
development.  
 
2 TRADE AND INVESTMENT REGIMES  
2.1 General Framework  
Paragraph 2.2, page 19  
 
As presented in the report, The Gambia maintains a large administration to run the country and 
the Government is the main employer. In this respect, the IMF has recommended that in the 
context of restoring budget sustainability the size of government should be reduced.  
 
EU question No . 3 
Could The Gambia describe what are the plans to reduce the size of its public administration and, 
in particular, to lower the presence of the state in the economy?  WT/TPR/M/365/Add.1  
 
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Answer  
Currently the Personnel Management Office (PMO) has launched strategic staffing reviews in key 
ministries (including education, health, and agriculture) and the security sector. The objective of 
this staff review is to cut down on the size of the civil service and contain the number of security 
sector employees. Thi s will reduce discrepancy between actual headcount and number of 
established positions in the civil service, and between headcount and the payroll list for the 
security sector.  
2.3 Trade Agreements and Arrangements  
2.3.1 WTO  
Paragraph 2.9, page 22  
 
The Gambia deposited its instrument of acceptance of the Trade Facilitation Agreement (TFA) on 
11 July 2017. As at the end of September 2017, The Gambia has not yet submitted its Category A 
notification.  
 
EU question No . 4 
When is Gambia planning to send its category A notification?#  
 
Answer  
The Government of T he Gambia ratified the WTO Trade Facilitation Agreement in March 2017. 
Subsequently, the instrument of ratification was submitted to the WTO in July 2017. The 
Government has completed the preparation of the TFA Category A, B and C notifications and 
intends  to submit these notifications to the WTO by end February 2018.  
2.3.3 Other agreements and arrangements  
2.3.3.1 Preferential treatment accorded by The Gambia's trading partners  
Paragraph 2.21, page 25  
 
Since 2015, The Gambia is not anymore eligible unde r the US AGOA scheme for lack of progress in 
meeting certain eligibility requirements. According to the report, The Gambia has expressed its 
willingness to apply for readmission.  
 
EU question No . 5 
Could The Gambia clarify whether it has submitted its app lication for readmission to the US AGOA 
scheme? In case of positive answer, could The Gambia clarify the reasons for its continued 
exclusion from the AGOA scheme?  
 
Answer  
The Gambia has recently been readmitted to the US AGOA . The readmission of The Gambia into 
AGOA is attributed to the new democratic dispensation that obtains in The Gambia, the recent 
passing of the Human Rights Commission Bill, the Constitutional Review Commission Bill, the Truth 
Reconciliation and Reparatio n Commission Bill, and The Gambia Government 's compliance with the 
decisions of the ECOWAS Court for the human right violations (enforced disappearances, 
extrajudicial killings and torture) perpetrated by the former regime against some journalists and 
memb ers of the opposition party.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures, valuation, and requirements  
Paragraph 3.7, page 30  
 
The Customs and Excise Act, 2010 makes provision for an accredited user scheme (not yet 
implemented) with simplified procedures and fewer documentation requirements.  
 
EU question No . 6 
Could The Gambia clarify when it does envisage to implement the accredited user scheme?  
 
Answer  
The Customs and Excise Act has two accredited user schemes – one for clearing agents and freight 
forwarders, and the other for approved economic operators. The accredited user scheme for 
clearing agents and freight forwarders is currently being implemented  whilst that of the approved WT/TPR/M/365/Add.1  
 
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economic operators is not being implemented due to low level of compliance by business 
operators. GRA is intensifying its efforts to sensitize and engage operators to understand the 
economic operators scheme. GRA envisages to i mplement this in 2019.  
 
Paragraph 3.11, page 31  
 
According to the report, The Gambia has yet to implement the latest ECOWAS regulation of 2013 
regarding customs valuation. The EU considers that this would represent a concrete action of The 
Gambia's willing ness to comply with regional integration.  
 
EU question No . 7 
Could The Gambia clarify when it is going to implement the latest ECOWAS regulation of 2013 
regarding customs valuation?  
 
Answer  
GRA is implementing the WTO GATT Valuation and the ECOWAS CET was  implemented effective 1st 
January 2017.  
 
4 TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.1.1 Banking  
Paragraph 4.41, page 60  
 
According to the report, foreign banks must be locally incorporated in The Gambia, i.e. they must 
be subsidiaries but not direct branches of international banks.  
 
EU Question No . 8 
Given that lending to individuals and businesses is at a low level due to high lending rates, as 
mentioned in paragraph 4.44 on p. 60 of the report, would The Gambia consider allowing foreign 
banks the possibility of setting up branches in the country?  
 
Answer  
First, high lending rates and subdued level of loans and advances to the private sector has no 
bearing on a bank either being a subsidiary or a branch.  
 
Setting of commercial banks' lending rates reflects their perception of risk on granting loans and 
also a reflection of the macroeconomic environment. For instance, with a lucrative T -Bills rate and 
a volatile exchange rate, banks were making huge gains, thus less appetite to venture into taking 
risk of lending to the private sector.  
 
Regarding allowing foreign banks  the possibility of setting up branches in the country, The  Gambia 
operates and practices a free and liberal market economy, thus foreign banks are free to operate 
either in the form of a subsidiary or a branch given that they fulfil the requirements set by the 
monetary authorities.  
 
Nonetheless, so far the practi ce has been allowing foreign banks to incorporate as a subsidiary.  
 
WT/TPR/G/365 – Government Report  
 
3 TRADE POLICY ENVIRONMENT  
3.4 Mainstreaming Gender in Trade  
Paragraph 3.12, page 13  
 
According to the report, women's economic empowerment is very high o n the government's 
development agenda especially in the work of the Ministry of Trade. The report mentions the that 
the most recent Private Sector Development Strategy 2015 -2019 identifies numerous gender 
issues and that in delivering tangible results, the  Government of The Gambia is focusing on 
providing access to both local and global value chains to producers with special focus on meeting 
the required quality and sanitary and phytosanitary standards.  
 WT/TPR/M/365/Add.1  
 
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EU Question No . 9 
Could The Gambia present concrete actions carried out or planned to tackle the gender issues 
identified in the Private Sector Development strategy 2015 -2019? Is there already any 
achievements?  
 
Answer  
During the formulation of the Private Sector Development Strategy, a number of gender issues 
had been identified and proposed activities to tackle them. However, following the change of 
government, the strategy has been subjected to a review and is yet to be endorsed by Cabinet.  
Despite the strategy not being fully implemented yet, some of the proposed measures to tackle 
the issues identified have been heavily incorporated into projects such as the Country Programme 
Action Plan (CPAP) and EMPRETEC being im plemented with the support of UNDP whose main 
target bene ficiaries are women and youth.  WT/TPR/M/365/Add.1  
 
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4  QUESTION FROM CANADA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
II TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES  
Page 51 (Para 3.3.7.3)  
The Ministry of Justice, in collaboration with the Gambia Police force has established the Gambia 
Police Intellectual Property Crime Unit. The Secretariat 's report indicates that plans to enhance the 
capacity of the Unit are "in the pipeline ".  
 
1. Could Gambia expand on the  type of enhancement being contemplated?  
 
Answer  
The Ministry of Justice intends to enhance the capacity of the Gambia Police Intellectual Property 
Crime Unit by providing literature on intellectual property enforcement, facilitate registration of 
police o fficers of the Unit in the WIPO Academy online training courses such as DL101, recommend 
training opportunities for the Unit to African Regional Intellectual Property Organization (ARIPO), 
assist in the continuous training of the Unit by intellectual prope rty experts at the Ministry and 
introduce intellectual property in the Police Academy curriculum.  
 WT/TPR/M/365/Add.1  
 
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5  QUESTIONS FROM JAPAN  
Report by the Secretariat (WT/TPR/S/365)  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual Property  
 
(Question 1 , Paragraph 3.122, page 50)  
 
According to the report by the Secretariat, folklore is protected by the Copyright Act. We would 
like to know what legal remedies are to be provided for an individual or any group whose  benefit is 
harmed through infringement of their right to folklore, and we would also like to know how to 
identify the right -holder of relevant folklore.  
 
Answer  
The right to authorize an act or seek legal remedies is vested in the Minister responsible for  the 
administration of copyright in The Gambia on behalf of and in trust for the people of The Gambia. 
Individuals or groups whose benefit is harmed through infringement of their rights to folklore must 
bring the said alleged wrong to the attention of the Minister. It is the Minster 's duty to establish or 
identify the right holder of relevant folklore through the various means of proving custom in The 
Gambia. See section 8 of the Copyright ACT, 2004.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures A ffecting Production and Trade  
3.3.4 Competition Policy and Price Control  
 
(Question 2 , Paragraph  3.101 -3.102 , page 47)  
 
Regarding Gambia 's enacted law of the Essential Commodities Act 2015, we would like Gambia to 
provide explanation on means and standards to determine "fair and reasonable price " of food stuff 
(rice, sugar, flour, edible oil, milk, tomato paste, onions, potatoes, whole chic ken and chicken 
parts), and potential measures to control its prices.  
 
Answer  
The Gambia promotes and maintains a liberal trading environment and does not interfere with the 
pricing of goods and services. Businesses are free to determine the prices of thei r goods and 
services. To ensure fair pricing and protect consumers, government has adopted measures to 
promote competition, ensure safety and quality of goods, and to ensure consumers get access to 
information to make their choices for the goods they purch ase. These objectives are being pursued 
through the Competition Act, the Food Safety and Quality Act, the Consumer Protection Act and 
the Gambia Standards Bureau Act. The Essential Commodity Act is thus to complement these 
legislations and promote availabi lity and access to essential commodities by prohibiting the 
hoarding of goods and ensuring that businesses keep proper records of their stocks and sales of 
essential commodities. Businesses are also required to display the prices of their commodities in a 
manner that is visible to the consumers. It is hoped that this will enhance competition among 
businesses and will enable reflection of the trends in global prices of these commodities to achieve 
a fair and reasonable pricing of essential commodities most o f which are imported.  
The Government , therefore , does not use any means and standards to determine "fair and 
reasonable price " of food stuff as it is not defined in the Essential Commodities Act and there are 
no measures to control prices as the Governmen t ma intains a liberal trade regime. These 
objectives are supposed to be achieved through effective competition particularly when prices are 
displayed to enable consumers to compare prices and make choices where to buy their products.  WT/TPR/M/365/Add.1  
 
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6  QUESTIONS FROM CHINA  
Part I. Questions based on Report by the Secretariat  
 
Summary, para 4  
"The Gambia's new Government is facing a series of economic challenges, particularly in the area 
of public finance. The State continues to have an important role in the economy; virtually all state -
owned enterprises are in financial distress. High government borrowing combined with tight 
monetary policy conditions, resulting in very high interest rates, has crowded out the private 
sector. While the country is open to foreign inves tment, economic growth has been hampered by 
weaknesses of the business environment, including a complex tax system and infrastructure 
bottlenecks. Foreign direct investment (FDI) flows to The Gambia have been volatile, and remain 
far below levels preceding  the global financial crisis. " 
 
Question 1  
What measures has Gambia taken to relieve the high government borrowing and to ensure FDI 
stability for attracting more investments?  
 
Answer  
The authorities have committed to lowering net domestic borrowing (NDB) from 11.4 % in 2016 to 
a fiscal anchor of 1 % of GDP in 2017 and beyond, and refraining from monetary financing. 
External budget support of 7.2 % of GDP will be complemented by a set of non -tax revenue and 
expenditure measures of 5 % of GDP to achieve the NDB target. The authorities are also taking 
measures to resolve the financial problems of key state -owned enterprises to limit fiscal shocks 
from unbudgeted support. While debt is unsustainable in the baseline scenario, the authorities 
have committed to taking  measures to make debt sustainable in the medium -term.  
 
Page 12, Chart 1.1 & C hart 1.2 & page 38, para 3.41  
"Government revenues and grants, 2016 - Environmental tax on imports (56 mn., 0.5%). " 
"Revenue foregone due to tariff and tax exemptions, 2016 - Environment tax on imports (4 mn., 
0.3%). " 
"C. Environmental tax on imports."  
 
Question 2  
Please specify the process of levying environmental tax on imports in Gambia, and on what 
products and link (import or consumption) environmental tax is levied.  
 
Answer  
Environmental tax is levied on the imports of all second hand goods and used vehicles using a 
specified percentage on the CIF value of the goods concerned. The proceeds for used vehicles are 
then earmarked for the operations of the National Environment Agency.  
 
Question 3  
Please explain whether or not the same environmental tax is levied on similar domestic products of 
Gambia.  
 
Answer  
These products are not produced domestically. However, this pr ovision in the Act applies to both 
imports and domestic products.  
 
Page 27, Paragraph 2.32  
"…The Gambia is open to foreign and domestic investment in any "field of lawful economic activity" 
(Article 28) either through joint ventures, without any limits on  foreign participation, or full 
ownership by Gambian or foreign citizens (Article 31). The only exclusions are activities prejudicial 
to national security, detrimental to the natural environment, public health or public morality, or 
that contravene the law s of The Gambia (Article 29)… " 
 
Question 4  
How does Gambia assess whether a foreign investment activity is detrimental to the natural 
environment, and which department is responsible for the environmental impact assessment of 
investment activities.  
 WT/TPR/M/365/Add.1  
 
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Answer  
All investments in The Gambia (be it from domestic or foreign investors) are subject to an 
environmental impact assessment which is conducted by the National Environment Agency to 
ensure that such investments are not detrimental to the natural envir onment.  
 
Question 5  
Does Gambia have any mechanism for assessing the environmental impact of foreign investments, 
if so, please specify the implementation process of environmental impact assessment.  
 
Answer  
Environmental impact ass essment (EIA) and procedure in T he Gambia  
 
The legal basis for EIA in The Gambia is provided for in Part V of National  
environment Management Act (NEMA1994) and the regulations thereunder (EIA Regulations 
2014).  
 
Therefore, any project/development with significant impacts on the environment, the law requires 
that such projects are subjected to environmental studies ostensibly to establish what those 
impacts are and develop their mitigation action.  
 
In line with S ection 22 (1) of NEMA, a developer of a project provided for u nder Part A of the 
Schedule shall be required to submit a project brief to the Agency stating:  
i. the nature of the project;  
ii. the activities that shall be undertaken;  
iii. the possible products and by -products of the activities anticipated;  
iv. the number of people th e project shall employ;  
v. the area of the land, the air, or the water that may be affected; and  
vi. any other matters as may be prescribed.  
 
As such, no license should be granted to any developer for a project which is required to undergo 
an EIA process.  
 
Project developers should do the environment study in line with guidelines provided by the Agency 
following conclusion of which they shall be require to make an environmental impact statement. 
Such environmental studies should take into account, among other thi ngs: 
a)  a description of the proposed activity or project and of activities it is likely to 
 generate;  
b)  a description of the potentially affected environment including specific information 
 necessary for identifying and assessing the environmental effects o f the proposed 
 activity;  
c)  a description of the technology and processes that will be used;  
d)   reasons for selecting the proposed site and rejecting alternative sites;  
e)   environmental impacts of the proposed activity including the direct, indirect, 
 cumulative short -term and long -term effects and the possible alternatives;  
f)   an identification and description of measures proposed for eliminating, minimising or 
 mitigating the anticipated adverse impacts;  
g)  an identification of gaps in knowledge and unc ertainties which were encountered in 
 compiling the required information;  
h)   an indication of whether the environment of any other state or areas beyond the limits 
 of national jurisdiction are likely to be affected and the alternatives and mitigating 
 meas ures; 
i)   a brief description of how the information provided for in this section has been 
 generated; and  
j)  any other matter relevant to environment assessment that may be prescribed.  
 
Such impact statements shall be submitted to the Agency shall be submitt ed to the Agency upon 
which they become a public document which may be freely consulted by any person provided that 
the Agency shall protect any information which it considers to be proprietary.  
 
However, the process require that the Agency exercise due di ligence to ensure every other issue 
that is relevant to the subject is taken on  board. Hence the Agency will:  WT/TPR/M/365/Add.1  
 
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  invite public comments on the environmental impact statement in 
 general;  
  invite the comments of those persons who are most likely to be affect ed 
 by the proposed project by specifically drawing attention to the 
 environmental impact statement;  
  consider the environmental impact statement and the public comments 
 hereon and request any interested government department or agency to 
 make further comments;  
  consider the environmental impact statement and all the comments 
 made; and  
  require the holding of a public hearing if it deems it necessary.  
 
Following the above, the Agency will decide, within a reasonable timeframe, whether to:  
  approve the project if it is satisfied that the project will not have an 
 adverse effect on the environment;  
  require that the developer redesign the project taking into account all 
 environmental factors and the comments made;  
  reject the project if it has reasonable cause to believe that the project 
 may cause significant injury to the environment; and  
  take any other measures that may be prescribed.  
 
Projects requiring environmental approval:  
 
Screening list Class A -project requiring full environmental impact study  
 
i. General  
  Major change in land use  
  Any national or divisional development plan  
  Conversation of gree nbelts, agricultural lands and b uffer zones of over 20 ha in urban 
 area  
  Major structures within  150 metres of the high water mark  
 
ii. Urban development, i ncluding:  
  New residential layout of over 10 hectare s or residents of more than 1 ,000 persons  
  Any hotel of more than four floors, 10 hectares or 500 rooms  
  Town centre shopping centres and complexes of more than 5 hectares ground area 
 and out of town shopping centr es 
  Establishment of industrial estates  
  Establishment of free economic zones  
  Establishment or expansion of recreational townships and parks  
 
iii. Transportation, i ncluding:  
  Major roads of more than 10 kilometres  in length  
  All roads in scenic, wooded, hilly, wetland s and bio -diversity rich areas  
  Bridges  
  Railway lines  
  Ports and marinas  
  Water, gas or oil pipelines  
  Airports and runways  
 
iv. Dams, rivers and water resources, including:  
  Storage dams, barrages and weirs  
  Flood -control schemes  
  Re-channeling of rivers, streams or creeks  
  Diversion of rivers, streams or creeks  
  Drilling for the purposes of utilizing ground water resour ces, including geothermal 
 energy  
 
v. Large s cale fisheries, including  
  Aqua –culture farm of more than 5 hectares  
  Aqua – culture farm intending t o import or use exotic species  
 WT/TPR/M/365/Add.1  
 
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vi. Mining including quarrying :  
   Any open cast mine of more than 10 hectares or exceptionally smaller mine in a 
 culturally or  ecologically sensitive area  
  Exploration for the production of hydrocarbon in any form  
  Offshore mining activities  
  
vii. Forestry -related activities, including:  
  Clearance of forest areas of more than 10 ha per year  
  Establishment of wood plantations of more than 10 hectares  
 
viii. Agriculture, including:  
  Large scale farms of more than 10 hectares  
  Poultry of more than 100 birds  
  Rearing of 5 00 or more sheep, goats or pig  
  Rearing of more than 200 cattle  
  Use of new pesticides  
  Exceptionally a smaller farm in an ecologically sensitive o r densely populated urban 
 area 
 
ix. Industries, including :  
 Mineral processing, reduction of ores and minerals  
 Smelting and refining of ores and minerals  
 Foundries  
 Cement works and lime processing  
 Glass works  
 Fertilizer manufacture or processing  
 Explosive plants  
 Oil refineries and petro -chemical works  
 Training and dressing of hides and skins  
 Abattoirs and meat processing plants  
 Chemical works and process and plants  
 Brewing and malting  
 Pulp and paper mills  
 Food processing plants  
 Plants for the manufacture and assemble of motor vehicle  
 Plants for t he construction or repair of aircraft or railway equipment  
 Pants for the manufacturing or processing of rubber  
 Manufacturing plant of over 10 ha  
 
x. Electrical infrastructure, including:  
 Electricity generating stations of more than 10 megawatts  
 High voltage Electrical transmission lines  
 Pump - storage schemes  
 
xi. Management of hydrocarbons, including:  
 Fuel farms, including heavy fuel and engine oil  
 Liquefied petroleum gas storage farm  
 
xii. Waste disposal, including:  
 Landfills sites of over  20,000 year s  
 Incinerators  
 Sewage treatment and disposal works  
 Major atmospheric emissions  
 Offensive odours  
 
Screening list Class B -Project requiring l imited environmental study (p reliminary 
environmental impact assessment )  
 
xiii. General  
 Minor chang e in land use  
 Changes from agricultural or greenbelt within the Greater Banjul Area  
 WT/TPR/M/365/Add.1  
 
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xiv. Urban d evelopment, i ncluding:  
  New residential layout of between 2 and 10 hectare or residents of between 200 and 
 1,000 persons  
  Establishment or expansion of re creational areas in buffer zones or green belts  
  Town centre shopping centres and complexes of between 2 and 5 hectare ground area 
 and out of town shopping centres  
  Market of more than 5 hectares  
  Fish market  
  Fruit and vegetable market  
 
xv. Transportation, i ncluding:  
 Resurfacing of major roads  
 Landing sites with piers of more than 20 metres long  
 Air fields of less than 10 hectares  
 Rehabilitation of bridges  
 
xvi. Fisheries  
 Aqua –culture of less between 2 and 5 hectares  area using indigenous species  
 
xvii. Mining, Including quarrying:  
 Sand, clay or grav el of between 2 and 5 hectares  
 
xviii. Forestry related activities, including:  
 Clearance of forest area of more than 1 hectare  
 Establishment of wood plantations of more  than 5 hectares  
 
xix. Agricultural, including:  
 Large scale farms of more than 5 hectares  
 Animal farm or more than 2 hectares and or 50 animals break down into fowls, sheep, 
cattle etc.  
 
xx. Industries, including:  
 Dry process plastic factories  
 Brick and earthenware manufacture  
 Fish processing plants  
 Mechanical workshops and saw mills  
 Bulk grain process  
 Vegetabl e oil processing and packaging  
 Packing factories  
 Electrical appliances assembly plant  
 Plants for the manufacture of tanks, reserv oirs and sheet -metal containers  
 
xxi. Management of hydrocarbons, including:  
 Fuel filling stations  
 Liquefied petroleum gas bottling plants  
 
Screening list Class C -Project requiring no environmental study  
 
xxii. General  
 Minor change in land use  
 
xxiii. Urban Development, including :  
 New residential layout of less than 2 hectare or residents of less than 100 persons  
 Establishment or expansion of recreational areas in buffer zones or green belts  
 Town centre shopping centres and complexes of l ess than 1 hectare ground area  
 
xxiv. Transportation, i ncluding:  
 Minor roads and resurfacing of minor roads  
 Landing sites  
 Water pipelines  
 Rehabilitation of bridges  
 WT/TPR/M/365/Add.1  
 
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xxv. Aerial s praying  
 
xxvi. Disaster relief  
 
xxvii. Fisheries  
 Artisanal fisheries  
 Aqua-culture  of less than 2 hectares in areas using indigenous species  
 
xxviii. Mining, including quarrying:  
 Sand, clay or gravel of less than 2 hectares  
 Collection of overburden and sieved pebbl es and small gravel from mines  
 
xxix. Management of hydrocarbons, including:  
 Premixed fuel stations  
 
Issues to be considered in EIA process:  
 Ecological Consideration, in p articular biological diversity  
 Effect of proposal on number, diversity, breeding habits, etc.  of wild animals and 
vegetation  
 Gene pool of domesticated plants and  animals, e.g. monoculture vs. wild types  
 Sustainable use including:  
 (a) effect of proposal on soil fertility;  
 (b) breeding populations of fish and game; and  
 (c) natural regeneration of woodland and su stainable yield  
 Ecosystem maintenance, including : 
 (a) ef fect of proposal on food chains  
 
Part Ⅱ Questions based on Report by the Government  
 
Page 5, para 3  
"Fiscal measures focused on more effective revenue mobilization, reduction in the fiscal deficit and 
the creation of a competitive business environment. This will enhance private sector development 
as well as attract investments. In that regard, the Governm ent continues to adopt fiscal measures 
that will help achieve these objectives. " 
 
Question 6  
Please specify the financial measures that are focused on more effective revenue mobilization, 
reduction in fiscal deficit and creation of a competitive business environment.  
 
Answer  
The financial measures that T he Gambia would embark on as an effective revenue mobilization 
that would consequently help reduce country 's fiscal deficit is through the implementation of 
reforms such as:  
 
 The government will implement s everal tax reforms in 2018 such as:  
 The corporate income tax rate on profits will be reduced from 30% to 27%; and the 
rate on turnover will be reduced from 1.5% to 1% for audited accounts and from 2.5% 
to 2% for unaudited accounts.  
 Residential income tax will be reduced from 10% to 8%; and the tariff on commercial 
rent will be reduced from 15% to 10% and so on.  
 
 These changes in the tax code would create a competitive business environment hence 
enhance compliance of tax payment by individuals and businesse s. 
 
 These reforms would also encourage more investors to the country as their tax burden 
would be significantly reduced and the business climate would also look competitive as 
compared to our neighboring countries.  
 
 Another revenue mobilization reform that  the country would take is the mainstreaming of 
the Ministries, Departments and Agencies to curtail government expenditures.  
  WT/TPR/M/365/Add.1  
 
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7  QUESTIONS FROM THAIL AND 
WT/TPR/G/365  
 
2.3 Transport (Page 8)  
 
2.15. With the objective of maintaining The Gambia as a transit hub, the maritime transport 
strategy of the Government of The Gambia focuses on strengthening the position of the Port of 
Banjul as a gateway to The Gambia and the ECOWAS region in line with the Freeport initiative. 
However, the Port of Banjul is faced wit h intense competition from other regional ports in the 
hinterland countries of the port, namely, Senegal, Guinea Bissau, and Guinea Conakry. 
Therefore, there is an immense need for the Banjul Port to continually improve its efficiency as 
well as improve on  the port's logistics for better services. Consequently, the authorities are 
forging Public -Private Partnerships in addressing these challenges.  
 
Question  
With the aim to improve the efficiency of the Port of Banjul as well as its logistics for better serv ices 
and maintaining the Gambia as a transit hub through the establishment of Public -Private Partnerships 
(PPP) in the port management, please elaborate more on the details of the PPP . 
 
Answer  
The Banjul Port is the only Port within West Africa which has n o private capital in the port ownership 
structure i.e. from Nouadhibou in Mauritania to Lobito in Angola. The port infrastructure needs 
immediate capacity improvement to cope with the current and forecasted traffic. The challenges we 
continue to face inclu de the following:  
1.  The entrance channel has a sand Bar with charted depth of 7.9m which restricts draft of 
 vessel calling Banjul Port to 8.50m at High Water. There is need to dredge the channel 
 to increase the depth to 10.2m.  
2.  The current quay length wit h adequate depth alongside for container Vessel operations 
 is 300m. There is requirement to extend the jetty by 200m. Part of the existing jetty 
 also needs rehabilitation due to dete rioration of the superstructure  
3.  Acquisition of land for construction of container terminal as the available capacity is 
 63,500m2 with con tainer throughput of 93,000TEUs  
4.  The need to acquire additional cargo handling equipment: Mobile harbor Cranes, Reach 
 Stackers and Tractor Trailers  
5.  Computerization of Port Operations.  
There is need for immediate investment prior to which new feasibility studies will have to be carried 
out as the last one was done by Hamburg Port Consult (HPC) in 2002.  
 
In view of the above, GPA is engaging the African  Development Bank (AfDB) through its Africa Legal 
Support Facility (ALSF) for the Ministry of Finance and Economic Affairs to issue a mandate letter 
requesting the Bank to provide PPP transaction advisory services which will carry out the following:  
- update  projects;  
- prepare bankable projects;  
- market assessment;  
- engage potential private partners; and  
- guide the negotiation process.  
 
The above engagement is for due diligence to ensure that Government i.e. Ports has the rightful 
partners and the PPP arrangements will create value for money.  
 
The reason for these steps is that there are a lot of unsolicited offers for various for ms of P PP e.g. DP 
World, Bolloré , ICTSI, for possible concession.  
 
Furthermore, there is the possibility of attracting concessionary funding from the Exim Banks of PR 
China, India and Turkey.  WT/TPR/M/365/Add.1  
 
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Question  
As The Gambia has set the goal of becoming a trade hub in the sub-region by means of the reforms 
of maritime transport, in this regard, does the Gambia formulate a concrete plan of action to achieve 
this goal?  
 
Answer  
The plan of action to achieve the aforementioned goal is encapsulated in the Port Master Plan and 
defined as the Port Expansion Project. The components are delineated below:  
 
1. General project o verview  
The project aims to improve the capacity and efficiency of the port of Banjul, to transform the Port 
of Banjul into one of the best ports in the sub -region with fast turnaround of vessels, fast handling 
and customs clearance and easy documentation.  
2. Project cost c omponents  
No. Component  Cost (€ millions)  
1 Capital & maintenance dredging of access channel  25 
2 Rehabilitation of New Banjul Jetty  3 
3 Extension of the New Banjul Wharf Jetty by 200m  27 
4 Acquisition of residential properties for expansion  12 
5 Construction & rehabilitation of container terminals  14 
6 Feasibility for establishment of a new deep seaport  3 
7 Acquisition of new suction dredger  8 
8 Procurement of cargo handling equipment  2 
9 Procurement of mobile harbour crane  7 
10 Computerization of port operations  2 
Total  €103 million  
 
3. Project i mpact  
 Due to a wide Sand bar in the entrance channel with charted depth of 7.9  m creating a 
minimum available water depth of 8.2  m. Thus, it is imperative to dredge the approach 
channel to enable larger vessels to call at Port of Banjul in the future. Technical advice has 
it to dredge the channel to a minimum depth of 10.2  m to cater for economies of scale and 
accommodate bigger vessels with draft of 10  m.  
 
 The rehabilitation of the New Banjul Jetty will result in the capability to handle container 
vessels in a safer environment, ability to use the Authority 's mobile harbour crane on all 
areas of the New Banjul Jetty and not restricted to the new portion built in 1996. This will 
significantly reduce congestion presently experienced at the port. This reduction in 
congestion will enhance more efficient handling of containers and hence re duce ships ' 
turnaround time. The reduction in ships ' turnaround time could lead to a reduction in 
freight charges, which would hopefully entice importers to reduce the cost of basic 
commodities in the local market.  
 
 The Extension of the New Banjul Jetty by  200 m will increase berth capacity of the Port 
with the availability of a quay length of 500  m, capable of handling 3 container ships 
simultaneously, thus reducing ships waiting time and congestion.  
 
 The acquisition of residential properties for port expa nsion will create additional open 
storage area for the handling of an increasing number of containers, as well as 
complement the ongoing Phase I extension.  
 
 With the rehabilitation of the North & South terminals and the creation of a new terminal, 
these w ill significantly reduce congestion, enhance efficiency and therefore reduce ships ' 
turnaround time at the port.  
 
 The economic and technical feasibility for the establishment of a modern seaport along the 
southern coastline of the country will enhance The Gambia 's potential to serve as a major 
transhipment port for trade within West Africa, with a population of more than 250 million 
and an annual trade valued in excess of $500 billion.  WT/TPR/M/365/Add.1  
 
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 Acquisition of a suction dredger will enable the Port to carry out capit al and maintenance 
dredging along the access channel into Banjul and the jetties in order to maintain sufficient 
water depths for safety of navigation of ships calling at the Port.  
 
 The GPA currently provides all cargo handling services to port users. Thus , the project will 
involve the acquisition of additional reach stackers, forklifts and terminal tractors, as well 
as the training of mechanics and equipment operators, supply of base spare parts for one 
year period.  
 
 Procurement of a mobile harbour crane w ill complement the cargo handling fleet and 
enable the Port to discharge containers and other cargo directly from gearless vessels.  
 
 The rehabilitation and upgrading of the Banjul Shipyard for repairs of the GPA 's own 
harbours crafts, ferries fleet and oth er vessels plying in the country and the sub region will 
improve and strengthen the overall service delivery systems.  
WT/TPR/S/365  
 
4.4.3.2 Maritime Transport (Page 66)  
 
4.80. Regarding river transport, there is no legal restriction on participation by the private sector, 
including foreign investment. Currently, river transport is only for freight; no services for 
passenger transport along the river (except tourist boating) are provided due to a lack of 
investment, according to the authorities. There is one private -sector operator with two barges, 
while the National Food Security Processing and Marketing Corporation has its own transport 
system. The Gambia Ferry Services Company Ltd remains the sole operator of cross -river ferries. 
Ferries operate in eigh t river crossings along the river. The ferries are managed as an integral 
part of the road network to connect the north and south banks of the Gambia River along with 
the primary North -South road network.  
 
Question  
Are there any incentives provided by the Government of Gambia to attract more foreign investment 
in river transport?  
Answer  
The GIEPA Act 2015 provides the following minimum fiscal incentives for in vestors for a period of five  
to eight years:  
1. Tax holiday in respect of:  
 Corporate or t urnover tax; and 
 Depreciation allowance for capital assets.  
2. Waiver in respect of import duty on capital goods, plant and machinery.  
3. Value Added Tax on i mported direct i nputs.  
Furthermore, the following strategies under the Maritime and River Transport Policy are being  
pursued:  
 Create incentives such as tax breaks, special investment certificates, expatriate quota,  and 
tenure security.  
 Review and amend relevant legislation to allow private sector participation in river  transport.  
 Encourage coastal shipping and inland water transport.  
 Encourage development of marina for private sector investment in river transport  
 The Authority will explore new business opportunities and incorporate the needs of its users 
within an integrated port community and river transport system.  
 Consider the transfer of ownership of river transport facilities such as the jetties, to a River 
Transport Authority or to the private sector.  
 Consider financial incentives to promote river transport, such as tax holid ay for river 
transport companies.  WT/TPR/M/365/Add.1  
 
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4.4.4 Tourism (Page 68)  
 
4.89. There are no restrictions on foreign investment in the tourism sector. Project proposals for 
foreign investment must be submitted to the Ministry of Tourism and Culture for approval. The 
authorities indicated that this approval procedure will help investors to lease land at a 
concessional rate.  
 
Question  
Please clarify on the conditions relating to land leasing by a foreign investor in the tourism sector.  
 
Answer  
Land leasing in this count ry does not discriminate between foreign or local investments. All leases 
are the same and the terms and conditions attached are based on the particular investment and 
sustainability of the project or business. All leases have to fulfill a certain requirem ent and are 
liable for re -entry if those requirements are not met.  
 
4.90. The authorities considered that the shortage of high -end hotel facilities is the main 
bottleneck hindering further development of the tourism sector. One issue is the star rating 
applied to hotels in The Gambia. Currently, the Quality and Licensing Unit under the Gambia 
Tourism Board employs its domestic standard to classify hotels. According to the authorities, this 
domestic standard is not aligned with international standards. Th e Ministry is to take action to 
ensure that the Gambian hotel star rating is comparable with international standards.  
 
Question  
In order to pursue the alignment of the Gambian hotel star rating with international standards, does 
the Ministry of Tourism and  Culture of the Gambia undertake any actions?  
 
Answer  
The Gambia Tourism Board 's classification is based on international standards. However, there is 
room for improvement thus the classification system is being reviewed.  
 
  WT/TPR/M/365/Add.1  
 
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8  FOLLOW -UP QUESTIONS FROM THE UNITED STATES  
PART I:  QUESTIONS ON THE SECRETARIAT REPORT (WT/TPR/S/365)  
 
TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements.  
 
U.S. Question  
Page 42, paragraph 3.68:  The Secretariat 's Report states that The Gambia Standards Bureau 
(TGSB) under the Ministry of Trade, Industry, Regional Integration and Employment (MOTIE) is 
responsible for standardizing methods, processes, and products in the country, and is the WTO 
TBT enqu iry point, with the MOTIE responsible for WTO notification.  Since joining the WTO, The 
Gambia has notified twice in 2014 to the WTO TBT Committee.  Please explain how The Gambia 's 
TGSB and MOTIE coordinate internally and with other Ministries to determine w hether to notify to 
the WTO TBT Committee a technical regulation or standard to fulfill its transparency/notification 
commitments under Article 2.9.3 and 5.6 of the WTO TBT Agreement.  
 
Answer  
The Ministry of Trade, Industry, Regional Integration and Emplo yment is the National Notification 
Authority and has established a National Technical Regulation Committee and National 
Notifications Working Group to ensure that trade related legislations are consistent with required 
WTO Agreements and to facilitate thei r notifications to the WTO.  Both MOTIE and the Gambia 
Standards Bureau are members of the National Technical Regulation Committee and National 
Notifications Working Group.  Once a sector or an institution drafted a trade related legislation 
(including techn ical regulations) it is presented and reviewed by the National Technical Regulation 
Committee to ensure that the legislation does not contradict other legislations and is consistent to 
the required WTO Agreements.  The final draft of the legislation is then  presented to the National 
Notifications Working Group that checks to determine if the legislation have to be provided or not 
and if so prepares the notification base on the appropriate provisions of the WTO agreements.  
MOTIE as the notification authority transmits the prepared notifications to the WTO for circulation 
to Members.  
 
U.S. Follow -Up 
Has the Gambia fulfilled its obligation to submit a statement on the measures in existence or taken 
to ensure the implementation and administration of the WTO TBT Agreement, including the 
provisions on transparency?  If not, when does The Gambia plan to submit this information?  
 
Answer  
The Gambia is yet to submit a statement on the measures in existence or taken to ensure the 
implementation and administration of the WTO TBT Agreement. The Gambia shall review what 
needs to be done to fulfill this requirement including capacity requirements and shall submit it as 
soon as it has conducted a review of existing measures, if any, or required ones if not already in 
place.  
 
U.S. Question  
Page 42, paragraph 3.69:  The Secretariat 's Report states that interested parties (e.g., public 
sector, private sector, academia, and the public) may submit proposals for national standards to 
TGSB.  Please clarify whether foreign stakeholders m ay submit proposals and participate in TGSB 
development of national standards.  
 
In addition, the Secretariat 's Report states that the national standard technical committees under 
TGSB prepare draft standards and publish them for usually a 60 -day period fo r public comment, 
and provides written responses to comments received.  Since a draft TGSB standard is usually 
circulated for a 60 -day public comment period, please identify what factors are considered by 
TGSB and MOTIE to determine whether to notify the dr aft to the WTO TBT Committee to meet the 
notification/transparency commitments under the WTO TBT Agreement.  
 
Answer  
Proposals for standards development can come from all stakeholders in the public and private 
sector including academia and consumer groups.  International stakeholders can also submit 
proposals and participate in the development of national standards.  WT/TPR/M/365/Add.1  
 
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TGSB has a policy to adopt International Standards wherever possible and works in accordance 
with the WTO Code of Good Practice (Annex 3 of TBT  Agreement) as well as the ISO/IEC Guide 21 
for the adoption of International standards.  In the case where international standards are adopted 
as national standards no notification is done.  On the other hand, standards developed which are 
not based on inte rnational standards will be notified to WTO before publication.  
 
U.S. Follow -Up 
The Gambia states that TGSB works in accordance with Article 4 of the WTO TBT Agreement and 
the WTO Code of Good practice (Annex 3 of the TBT Agreement) on the Preparation, Ado ption and 
Application of Standards.  In Annex 3, under Article J, at least once every six months the 
standardizing body shall publish a work program containing its name and address, the standards it 
is currently preparing and the standards which it has adop ted in the preceding period.  
 
Please identify which government entity is responsible for coordinating this work program.  Please 
also provide us a copy of the current work program, and clarify whether this information is 
published on a website and/or in a n ational or regional publication of standardization activities.  
Finally, in accordance to Article J, please explain how the information about the work program is 
transmitted every six months to the ISO/IEC Information Centre in Geneva.  
 
Answer  
The TGSB is t he entity responsible for developing its work program. The current work program is 
under development.  The TGSB has to transmitted any six -month work program because its 
standardization work has been informed and revised according to the availability of fun ding and 
changing priorities. However, The Gambia is fully committed to meeting this provision and shall 
endeavor to ensure that the provisions of Article J are met.  
  
U.S. Question  
Page 43, paragraph 3.75:  The Secretariat 's Report states that the Food Safety and Quality 
Authority (FSQA) is in the process of preparing a regulation on labelling of pre -packaged food.  
Please explain how The Gambia 's TGSB and MOTIE coordinate with FSQA to determine whether to 
notify the draft technical regulation or standard  to the WTO TBT Committee to meet the 
notification/transparency commitments under the WTO TBT Agreement.  
 
Please also identify when The Gambia will notify its draft regulation on labelling of pre -packaged 
food to the WTO TBT Committee for at least a 60 -day comment period for WTO Members.  
 
Answer  
The development of technical regulations goes through a consultative process.  When MOTIE or 
FSQA or other stakeholders felt the need for the development of a technical regulation for food 
safety and quality related issues, a request will be made to the FSQA for the development of the 
regulation.  In the development of the regulation, FSQA may either use the national standard 
developed by TGSB or Codex standards.  The draft regulation once developed, is reviewed by the 
National Technical Regulation Committee to ensure consistency with other national legislations and 
the WTO SPS or TBT Agreements.  As both importers and domestic producers of the regulated 
product will be required to comply with the proposed technical regul ation, the final draft of the 
regulation will be presented to the National Notification Working Group for the preparation of the 
notification as required by the WTO SPS or the TBT Agreements.  MOTIE as the notification 
authority transmits the prepared notif ications to the WTO for circulation to Members.  
 
The Gambia will submit its notification on the draft regulation on labeling of pre -packaged food to 
the WTO TBT Committee before end of the first quarter of 2018.  
 
U.S. Follow -Up 
Does The Gambia have a websi te providing information on the draft technical regulations being 
developed?  Where can you find information on technical regulations being developed?    
 
Answer  
FSQA has a website, www.fsqa.gm , where all relevant information are placed. The regulations 
however are yet to be placed on this site as they are yet to undergo review by the technical 
regulations committee under the Ministry of Trade. Once the draft regulations have been reviewed WT/TPR/M/365/Add.1  
 
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internally, they will be placed on the website whilst we await comments from WTO member 
countries.  
 
3.3.7 Intellectual property rights  
3.3.7.2 Copyrights  
 
U.S. Question  
Page 50, paragraph 3.122, note 76:  Note 76 in the Secretariat 's Report references a draft 
amendment to the Copyright Act.  Please confirm that the proposed amendment would amend the 
Copyright Act 2004.  Also, please provide a summary of the proposed amendments, as well as an 
update on the current status of the legislative process (e.g., expected ne xt steps including the 
legislative and implementation timelines).  
 
Answer  
The Copyright Act, 2004 has not been amended since it was passed in 2004.  However, given the 
expansion in the nature of copyright protectable works, The Gambia appreciates its obliga tions and 
the need to correspondingly amend its intellectual property laws, which includes the Copyright Act, 
2004 in order to provide protection for all copyright protected works.  There is already a draft 
copyright amendment awaiting due process to be tab led before the National Assembly.  The 
copyright amendment should be passed by mid -2018.  
The amendment will provide protection for copyright works published on the internet, databases 
and will also provide exceptions to access to copyrighted work for the pr int and visually impaired 
persons.  
There is also the Copyright Regulations is also being developed and it is expected to be completed 
in 2018.  All these draft legislations will be notified in accordance with the WTO agreements if 
required.  
 
U.S. Follow -Up 
Are copies of the draft copyright amendment that is waiting to be tabled before the National 
Assembly or of the Copyright Regulations currently being drafted available to the public?  If so, 
please provide.  If not, will copies be available to the public bef ore the drafts become law?  
 
Also, will the Copyright Regulations implement the amended Copyright Act 2004?  If so, will the 
Copyright Regulations come into effect immediately after the Act is amended in mid -2018, or 
would there be a delay?  If you anticipate  a gap before implementation through regulation, please 
clarify how long that might be?  
 
Answer  
The draft Copyright amendment and copy right regulation are currently being finalized and will be 
presented to the National Technical Regulation Committee for r eview. Once this is done they will 
dully be notified to the WTO for possible comments from Members before tabling it to the National 
Assembly ie before it becomes law.  
 
The Copyright Regulations will implement the Amended Copyright Act 2004. The Copyright 
Regulations is expected to come into effect before the coming into force of the Amended Copyright 
Act 2004. It is noteworthy to mention that the Copyright Regulation was prepared in anticipation 
of the provisions to be incorporated in the Copyright Amendme nt Act.  
 
 
__________