WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
WT/TPR/M/271/Add.1 
19 April 2013 
 (13-2081) 
Trade Policy Review Body 
21 and 23 November 2012 Original:   English/ 
 anglais/  inglés 
 
  
TRADE POLICY REVIEW 
EAST AFRICAN COMMUNITY 
 
Record of the Meeting 
Addendum 
Chairperson:  H.E. Mr. Eduardo Muñoz (Colombia) 
  This document contains the advance written questions, and replies provided by the East 
African Community.
1 
__________________________________________________________________________________  
Organe d'examen des politiques commerciales 
21 et 23 novembre 2012 
 
EXAMEN DES POLITIQUES COMMERCIALES 
COMMUNAUTÉ DE L'AFRIQUE DE L'EST 
 
Compte rendu de la réunion 
Addendum 
Président:  S.E. M. Eduardo Muñoz (Colombie) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par la Communauté de l'Afrique de l'est.1 
__________________________________________________________________________________ 
 
Órgano de Examen de la s Políticas Comerciales 
21 y 23 de noviembre de 2012  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
COMUNIDAD DEL ÁFRICA ORIENTAL 
 
Acta de la reunión 
Addendum 
Presidente:  Excmo. Sr. Eduardo Muñoz (Colombia) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por la Comunidad del África Oriental.1 
                                                      
1 In English only./En anglais seulement./En inglés solamente. WT/TPR/M/271/Add.1 
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  THE SECOND JOINT TRADE PO LICY REVIEW OF THE EAC 
 
Compiled List of Advance Questions from WTO Member States and Responses for the 
EAC Partner States 
 
EAC SECRETARIAT 
WTO 
Member 
State Section/Page of the TPR 
report Questions and EAC's responses 
Australia Summary 
Page viii, paragraph 8  What ambitions are held in terms of the progressive 
reduction of the Common External Tariff, next due to be reviewed in 2014?  The CET was fully implemented in 2005 and there was no provision for progressive reduction of the CET. In 2010 the CET rates was comprehensively reviewed and the structure of 0%, 10% and 25% was maintained. Every year before the reading of national 
budgets reviews of specific products is done. With the 
consolidation of the Customs union and ongoing trade negotiations under EPAs and COMESA-EAC-SADC Tripartite the CET rates on products from these regions is expected to reduce. A study will be conducted for a future review in 2014. EAC has 
already aligned its CET to the 2012 HS version.  
Summary 
Page ix, paragraph 15  What efforts are being made to harmonize agricultural 
sector policy across the EAC?  
The EAC has already adopted agriculture and rural 
development policy (EAC-ARDP) 2006. The EAC – 
ARDP has guided the region in development of 
strategies and programmes for the realisation of a harmonized agricultural sector which includes:  
 The EAC Agriculture and Rural Development 
Strategy (2005-2030) which sets out a roadmap for the EAC and all stakeholders to 
define interventions that will lead to attaining 
the vision thereof in the policy  
 EAC Food Security Action Plan (2011 – 2015) 
 A draft EAC Food Security and Nutrition 
Policy and a drat livestock policy to be finalized by 2014.  
 To implement the Action Plan the EAC is 
developing a comprehensive Regional Food 
Balance Sheet (RFBS) Framework that covers 
the whole range of food commodities apart from staple grains. Both the Strategy and the Action Plan aim at enhancing food production, food security & intra-regional 
trade. 
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(II) Trade and Investment 
Regimes (2) The EAC in Practice 
Page 8, paragraph 39 and 
40  What progress has been made in eliminating the 35 non-
tariff barriers identified in 2008? 
 
The EAC region has made a lot of progress in 
elimination of the 35 Non-Tariff Barriers that were identified in 2008. During the Quarterly Regional NTBs Forum held in march 2012, 27 non-tariff barriers had been resolved while decisions had been reached on how to address 12 of the outstanding 
NTBs reported in the EAC Time Bound Programme 
on the elimination of NTBs. During the subsequent quarterly forums held in June and September 2012 the number resolved increased to 34 NTBs reported as resolved. The outstanding NTBs are the 9 newly 
reported, two have been recommended for immediate 
removal while the remaining 7 have a time frame of up to December 2012 for their elimination. (Source: Status of the elimination of NTBs in the EAC, Vol.2)  
EAC is in the process of developing a legally binding 
mechanism on elimination of identified NTBs which has provisions for legal redress through the East African Court of Justice.  
How does the EAC intend to police non-tariff barriers amongst members?  The EAC decision making organs have given the directives and the political goodwill for the eventual elimination of NTBs within the provisions of the laws set out in the EAC Treaty and other Protocols which 
obligates partner states to eliminate NTBs. The 
following are the mechanisms developed and adopted by EAC for monitoring, reporting and resolving NTBs in the region. 
 The EAC developed and adopted a Time 
Bound Programme for the elimination of NTBs which is updated quarterly and has a 
time frame for removal of each NTB 
reported.  
 All partner states have establishes focal point 
desks/officers designated to the assignment of monitoring, reporting and resolving of NTBs. 
 The EAC Partner Sates have established 
National Monitoring Committees on NTBs 
whose mandate is to monitor report and seek 
resolutions to NTBs and the NMCs meet quarterly at the regional level to update the  WT/TPR/M/271/Add.1 
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Time Bound Progamme and negotiate for the 
elimination of outstanding and reported 
NTBs. 
 Quarterly publications are made on the 
progress of the elimination of NTBs. 
 The Online EAC–COMESA-SADC Tripartite 
website was developed and operationalized and adopted by the RECs for on spot 
reporting of new NTBs and seeking 
resolution. NTBs Focal point officers have Access to the online NTBs website which interconnect states on NTBs elimination process (www.tradebarriers.org).  
 In addition to the EAC Policy Organs, Trade 
Remedies Committee, Regional Forum on NTBs, the EAC Partner States also undertakes regular bilateral initiatives as an avenue for fast-tracking elimination of reported NTBs through coordination by the EAC Secretariat, Council decisions.  
 
(II) Trade and Investment 
Regimes (2) Participation in Trade Arrangements (ii) The COMESA-EAC-SADC Tripartite Forum 
Page 11, paragraphs 52 to 
58  Is the EAC able to provide an update on the negotiations 
for the first phase for the Tripartite Free Trade Area?  
The Tripartite FTA Road Map consists of activities 
that should be undertaken at various stages which include pre-launch of the negotiations (3 Months), 
post launch Preparatory Phase of the negotiations 
(6-12 Months), actual negotiations (24-36 Months) and finalisation of the FTA Agreement, signature/ratification and entry into force upon conclusion of Phase 1 negotiations. The Summit 
directed that performance monitoring would be a 
continuous activity throughout the preparations, negotiations and finalisation of the agreement. According to the Road Map, negotiations on Trade in Goods should be finalized by December 2014.  
The Tripartite organ responsible for the FTA 
negotiations is the Tripartite Trade Negotiations Forum (TTNF). In order to implement Phase 1 of the Road Map for the Tripartite negotiations, the TTNF has adopted Work Plan and schedule of negotiations. 
 
The Tripartite Trade Negotiating Forum has met four times in order to facilitate negotiations on the Tripartite FTA in conformity with the road map adopted by the Second Summit in June 2011. 
 
The achievements of the TTNF include the following; WT/TPR/M/271/Add.1 
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 Recognised the existence of the draft FTA 
Agreement and Annexes as the starting point for the negotiations and circulated tariff and trade data for validation by the tripartite 
Member/Partner State.  
 Established working groups on; Customs 
Cooperation, Documentation, Procedures and Transit Instruments; Technical Barriers to trade (including Standards and Metrology), Sanitary and Phyto Sanitary Measures and Non-Tariff Barriers; Rules of Origin.Agreed 
on TORS and Rules of Procedure for the 
Working Groups. Iissues relating to tariff liberalisation will be negotiated in the TTNF 
 Developed a draft paper on modalities for 
negotiations on tariff liberalisation and the template for making offers;  
 Developed a draft paper on Substantially All 
Trade  
 Finalised exchange of information and trade 
measures among the Tripartite Member/Partner States in preparation for the negotiations.  
The 5th TTNF Meeting scheduled for 10-12th 
December, 2012 will pursue further negotiations on tariff liberalisation and exchange of offers and also receive reports from the Tripartite Working Groups with a view to providing guidance on negotiations on 
the draft annexes on Rules of Origin, TBT, SPS and 
NTBs and Customs Cooperation.    
 
Brazil Summary 
 In paragraph 2, it is mentioned that a narrow fiscal space, 
due to a large (untaxed) informal sector, among other things, is the main factor behind the fiscal deficits in the region. 
 
Please indicate what measures, if any, have been taken to 
cope with the informal sector in the economy?  EAC is in the process of undertaking policy measures and strategies to integrate individual business 
activities in the informal sector into the formal 
economy through:  Kenya's informal sector has made enormous contribution in economic growth and income 
generation through job creation in the economy – 
which is faster than in formal sector. According to  WT/TPR/M/271/Add.1 
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Economic Survey (2012), the informal sector in Kenya 
contributed 80.8% of the total employment created in 
2011, by providing 445,900 jobs – as compared to the formal sectors' contribution of 14.3%. The Kenya Government recognizes the potential of the sector in creating employment and reducing poverty levels – 
agendas that are central in the Kenya Vision 2030. To 
facilitate the sector's growth, the Government has put in place various interventions/measures that are undertaken by various Ministries. These include, but are not limited to: Policy/Legal/Regulatory Interventions; Improvement of Business 
Environment; Infrastructure Development; Provision 
of business development services (Capacity Building).  Burundi Improvement of business environment in terms of 
reduction of procedures requirement to start 
business, establishment of one stop centre, facilitation for cross-border trade, etc.; Studies on informal sector are going on in view of suggesting additional measures to bring informal trade in formal trade  
 
Rwanda is developing cross border trade strategy to encourage traders to move from informal trade to formal trade. In addition to the above efforts, Rwanda has also commenced the recruitment programme to bring the informal sector into the tax 
net; the sensitization campaign has also been 
employed to advise the informal sector to join cooperatives to increase their savings through consolidated efforts and increase opportunities of getting loans from the bank 
 
Tanzania Tanzania Development Strategy .... 
 
I. ECONOMIC 
ENVIRONMENT (1) M
AIN FEATURES OF 
THE ECONOMY  
 In paragraph 6, EAC is scheduled to have a single 
currency by the end of 2012 but the deadline may not be met, due to challenges in the implementation of the 
Customs Union and Common Market protocols.  
 
Please specify which challe nges have been faced to 
implement the Customs Union and Common Market protocols.  
The implementation of Customs Union and the 
Common Market has been progressive as specified in the respective protocols. There have been challenges encountered in the implementation of customs union WT/TPR/M/271/Add.1 
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and common market. Some of  the challenges manifest 
in terms of non-tariff barriers, lack of centralised enforcement/sanction mechanism, inadequate 
institutional, national and regional level capacities to 
domesticate regional polici es and information access, 
delays in enactment and amendment of the relevant national laws, multiple membership to different RECs hence overlaps in tariff preferences, varying economic development levels that may result in skewness of 
trade flows.  
 
V. AID FOR TRADE (3)
 AID FOR TRADE 
NEEDS  
  
 In paragraph 163, it is informed that the EAC countries 
face various difficulties in implementing some of the WTO Agreements, in particular the Customs Valuation Agreement.  Please elaborate on the difficulties the EAC countries have found to implement some of the WTO Agreements.  Burundi: Burundi is facing some challenges in implementing the WTO Agreements in regards to 
Customs Valuation Agreement (lack of technical 
capacity). Burundi is requesting technical assistance in this area.    Kenya fully embraced the WTO valuation principles and methods in 2005 with the abolishment of the pre-
shipment inspections for purposes of authenticating 
transaction values. The obtaining challenges relate to the low compliance on the part of importers and brokers. To address this challenge Kenya requires technical assistance to acquire and develop a Dynamic 
Risk Management System and acquire and develop a 
Valuation Database system for purposes of providing test or indicative values of same imported goods.   Uganda: Uganda implements the WTO Valuation Agreement. 
 
Canada Summary, paragraph 8, 
Page viii 
 Since the last Review of the EAC, the CET average rate 
has decreased from 12.9% to 12.7%. Three tariff bands 
(zero, 10%, and 25%) apply to the large majority of imports; higher rates, ranging from 35% to 100%, and alternate duties apply to 58 tariff lines of "sensitive" items.  As a consequence, for some lines, applied 
alternate tariffs may exceed bound ad valorem rates.  
Bindings cover 21.6% of all Burundi's tariff lines, 15% of Kenya's, 100% of Rwanda's, 13.5% of Tanzania's, and 15.9% of Uganda's.  In the cases of Burundi and Rwanda, CET ad valorem rates on certain products are higher than  WT/TPR/M/271/Add.1 
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bound levels.   
What plans do the EAC members have for harmonizing 
their CET with their WTO Commitments? 
 
The EAC Partner States whose bound rates are lower than the CET rates (Rwanda and Burundi) intend to 
enter into consultations with other WTO Members in 
order to address this situation.  
 
Section II. Trade and 
Investment Regimes: 2) The EAC in practice, paragraphs 35 & 36, 
page 7 
 The programme for gradual elimination of internal 
tariffs, adopted in 2005, was completed in January 2010.  EAC members had adopted an asymmetrical tariff reduction approach with a transitional period of five 
years, in order to account for the differences in the size 
and structure of their economies.  All of Kenya's imports from Tanzania and Uganda attracted zero tariffs, while exports from Kenya to Tanzania and Uganda were categorized into two lists.  Category A goods benefited 
from duty-free status within the community, while 
category B products (880 importable goods from Kenya 
to Tanzania and 443 from Kenya to Uganda) were subject to duties until 2010.  There are no longer any internal tariffs on intra-EAC trade. Burundi and Rwanda started implementing the provisions of the Customs 
Union from July 2009.  Tariffs on trade between Kenya 
and Burundi and between Kenya and Rwanda had 
already been eliminated under the Common Market for Eastern and Southern Africa (COMESA).   Are Burundi and Rwanda also implementing the tariff 
reduction with a transitional period of five years, which 
means that the gradual elimination would be completed by 2014? 
 
There was no transitional period for reduction of 
internal tariff for Rwanda and Burundi when they 
commenced implementing the Customs union in 2009. However a variable geometry approach was adopted in 2007 when the two countries joined the EAC whereby they were allowed two years in order to 
undertake the necessary adjustments in readiness for 
implementing the customs union instruments in July 2009. One of the reasons why the two countries did not enter into a tariff reduction programme is because they were already participating in free trade area under COMESA with Kenya and amongst each 
other. They were also participating in a preferential 
trade with Uganda under COMESA. It was only Tanzania where they did not have any trade arrangements. WT/TPR/M/271/Add.1 
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Section III. Common 
Trade Policy Measures: (1) Measures directly 
affecting imports iv) 
Tariffs, and other duties and charges, a) MFN applied tariff structure, paragraph 74, page 15. The EAC CET is broadly set according to category of 
goods:  raw materials and capital goods generally attract the zero rate, intermediate goods 10%, and finished 
goods 25%; higher rates, ranging from 35% to 100%, 
apply to 58 tariff lines of sensitive items.  On request, a waiver may be granted by the Council for a limited period.   On what basis is a waiver granted? What criteria are used 
to decide who gets a waiver, the duration of the waiver 
and the quantities of imports allowed under these waivers?  
The Protocol has provisions that empower the 
Council to review the CET structure either in respect 
of a specific country or generally to the whole EAC. Such tariff policy review is accorded based on justifiable reasons presented by a Partner State and verified through empirical analysis of the factors thereof. The CET and the EAC customs management 
Act provides for duty remission and exemptions 
which may be granted by the Council. This facility is accorded in order to cushion specific industry and in many instances to fill a gap or shortage of essential products due to inability to satisfy local demand by 
local production. Such waiver is time bound, 
normally for one year and in some instances the quantities to be imported are specified. Exemptions are also granted to relief supplies in case of a disaster or calamity in a partner State. 
 
Section III. Common Trade Policy Measures: 
(1) Measures directly affecting imports iv) Tariffs and other duties and charges, page 15. Could the East African Community elaborate as to 
whether it imposes duties on certain HS codes related to 
medication?  
All medicaments/ pharmaceuticals are zero rated.  
 
Section III. Common 
Trade Policy Measures: (1) Measures directly 
affecting imports v) 
Internal Taxes, page 23. Could the East African Community elaborate as to 
whether it imposes taxes on medication. If so, could the East African Community elaborate on the rationale 
and perceived advantage that justifies such taxes? 
 
There are no internal taxes on medication within the 
EAC Partner States 
 
European 
Union ECONOMIC 
ENVIRONMENT 
(2) TRADE AND 
INVESTMENT 
PERFORMANCE  The Report affirms that intra-EAC trade performance 
continues to suffer from poor infrastructural services, 
mainly physical infrastructure (roads and rail), and high 
costs of energy, resulting in high costs of doing business. 
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(i) Trade in goods and 
services 
(a) Intra-EAC trade 
 Page 3, paragraph 16  
 The EU would be pleased to obtain further information 
(if possible quantified) as to the cost of doing business 
within the EAC common market, which is still in formation. For example, the EU is well aware that time and cost of intra-EAC shipping goods is often high.  
An example of the costs of doing business is on the 
clearance and transit time for inbound cargo from Mombasa Port to physical release of goods in Kampala is about 18 days of which the process at Mombasa Port takes about 11 days. The process of clearing outbound cargo at Kampala to Mombasa 
Port takes 21 days of which Mombasa takes 13 days.  
The EU notes that NTBs are also very important barriers 
to intra-regional trade. Simplifying and unifying procedures facilitates trad e and supports regional 
integration and growth. The typical example of a truck along major transport routes facing bribes and delays 
increasing significantly the cost of transport shows the 
need for removal of all non-tariff trade barriers.   
 
 Can EAC please give an assessment of 
improvements that may take place in this regard and, if so, give figures in that respect?  
 
The EAC Partner States have undertaken the following: 
 established National monitoring committees on 
NTBs  to monitor , report and resolve NTBs and meets monthly. 
 adopted a Time Bound Programme on the 
elimination of NTBs for monitoring, reporting and resolving of NTBs and 34 NTBs had been eliminated by September 2012.  
 adopted the EAC-COMESA –SADC online 
reporting systems for th e monitoring, reporting 
and resolving of NTBs. 
 In 2012, police road blocks have been reduced 
from 36 to 9 along the northern transit corridor and from 30 to 15 along the Central transit corridor.  
 reduced the number of check points along the 
major transit corridors. 
 are in the process of developing a legally binding 
mechanism for the elimination of identified NTBs. 
 have prioritized 9 Ones Stop Border Posts and 3 
are under construction. 
 Installed harmonised cargo tracking systems for WT/TPR/M/271/Add.1 
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cargo transport vehicles. 
 Adopted Harmonized Customs documentation 
and procedures manual  
 Expansion and improvement of port facilities 
ongoing. 
 Electronic Single Window System for clearance of 
cargo being developed. 
 Established One stop centres at the ports of 
Mombasa and Dar-es-Saalam, Malaba and in Kigali Rwanda. 
 Licensed more than 13 inland container depots in 
the EAC region. 
 
 Can EAC please indicate by when the custom 
union shall be accomplished and the indicative timing for the achievement of the main intermediary steps towards that goal?  
 
In January 2010, the EAC Customs Union became 
fully fledged.  There are some challenges in 
operationalizing the Single Customs Territory, such as NTBs, internal borders clearance which are being addressed.  
 
The EU welcomes Rwanda's efforts to open a one stop 
electronic trade clearing system to cut red tape. The EU also notes the existence of bilateral agreements between 
Rwanda and Tanzania and be tween Rwanda and Uganda 
to remove NTBs.   
What is EAC's position towards such bilateral 
agreements?  Does EAC consider such bilateral 
agreements as a necessary in termediary step before EAC 
states can tackle regional trade integration?   The bilateral arrangements are within the framework of the EAC and are reported as part of the EAC 
efforts to expedite implementation of regional 
programmes. 
 
II. TRADE AND 
INVESTMENT REGIMES (1) O
VERVIEW  
Page 6, paragraph 26, 
Page 8 paragraphs 37 and 
40 on intra-EAC NTBs and page 9 paragraph 41 which states " Firms The EU would like to get more information as to the 
implementation of the measure above stated (possibility for individual firms to report on NTBs). For example, how many barriers have been reported and in what format? Is such informatio n public? Does EAC or its 
individual member states have access to this 
information? Does EAC intend to use the information in 
its development strategy?   
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within the EAC, as 
members of COMESA or 
SADC, may participate in the COMESA-SADC online mechanism for reporting, monitoring and 
eliminating NTBs"  
  The NTBs Online mechanism 
(www.tradebarriers.org) has provisions for 
individual private sector firms to report 
NTBs. Once they report the NTBs is circulated automatically to all the affected Countries through their nominated focal point officers who include a representative of the 
privates sector  
 On the website there is a window which 
indicates the numbers of NTBs reported number of NTBs resolved and number of NTBs outstanding and these figures change quite often on the basis of new NTBs reported 
and those that are reported eliminated. As of 
November 2012, 421 complaints were registered as reported NTBs, 321registered as complaints resolved and 100 complaints unresolved. 
 reported NTBs are in  a matrix form ,which 
shows the format of reporting and the 
information is public for all interested parties 
to access 
 the EAC Secretariat has access to the Website 
as well as  appointed focal point officers from each partner state 
 The information is useful for both the public 
and private sector in designing their strategic 
plans. 
 
Page 6, paragraph 26 does not mention EU EPA as an element of the development strategy Could EAC please clarify the positioning of the EPA in 
relations to EAC development strategy (with particular reference to trade)?  One of the priority areas under the EAC 
Development Strategy is to promote international 
trade and export development in the EAC. The finalization of the EPA negotiations and implementation of the Agreement are a strategic intervention area in the strategy.  
 
Paragraph 40 on NTBs Could EAC please inform whether the 2008 agenda is 
still considered valid in light of the paragraph 40 of the 
secretariat report that recommends switching to an approach based on regulatory reforms?   
 
The EAC is moving towards a regulatory approach in 
the elimination of NTBs through the introduction of a 
NTBs legally binding enforcement mechanism in the 
form of an NTB Bill.  WT/TPR/M/271/Add.1 
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Page 7, paragraph 28 
regarding tripartite negotiations between 
COMESA, SADC and 
EAC.  The EU fully understands that overlapping membership 
to several regional organisations by EAC members can be at the root of multiplied trade barriers, but it considers 
that it may be easier to start with removing obstacles to 
trade within EAC before tackling those with SADC and COMESA in light of the difficulties to implement CET.   
On this basis, how does EAC consider addressing the 
challenges of implementing the CET within the 
framework of the tripartite trade agreement?  
The Protocol establishing the EAC Customs Union 
recognises the trade arrangement countries had with third parties before it came into force. This is further 
entrenched in the EAC Customs Management Act 
which allows continued application of preferential regime under COMESA and SADC. This means that Kenya, Uganda, Rwanda and Burundi have continued to enjoy the preferential regime under COMESA and Tanzania enjoys the preferential regime under SADC. 
The CET in this case does not apply. This gives EAC 
a strong starting point to enter into a free trade arrangement under the Tripartite.  The EAC looks at the Tripartite FTA as a solution to overlapping membership.  
 
Page 7, paragraph 33 and paragraph 38 - national 
monitoring committees for NTBs  Regarding the shared objective of improving regional 
integration in particular regar ding its trade aspects, the 
EU notes that such national committees seem to be limited in scope. What is EAC assessment of the transposition of EAC Heads of States' trade commitments 
into national/regional legislation? Could EAC consider 
examining how legal transposition or domestication of 
commitments made on heads of state level could be improved?   
 
The Partner States are undertaking the process of 
approximation of laws to align the national pieces of 
legislation to the regional laws  
Page 27, paragraph 113 States that: "Full adoption and enforcement of 
harmonized SPS measures will rationalize the development of agriculture production, improve quality, and enhance trade within the EAC region and with other trading partners." 
 
Can EAC please give a time indication as to when it 
plans to have harmonised SPS measures adopted and when those measures could be enforced?   WT/TPR/M/271/Add.1 
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The draft EAC SPS Protocol is being finalized and is 
expected to be approved by the EAC Council of 
Ministers by the end of 2012. Once approved, the Protocol will be ratified by the Partner States. Once ratified, the measures in the Protocol will be implemented at the national level. 
 
III Trade policies by 
practice and measures in 
EAC based on the report on Tanzania (S/271/TZA) Annex 4  
(2) Measures directly 
affecting imports (i) Registration, custom procedures, and customs valuation  
Page 406, paragraphs 68 
and paragraphs 72, 73 S271/TZA/A-4 "Tanzania conducted time release studies (TRS) in 2005 
and 2009, which have served as a basis for monitoring 
customs clearance performance.  /…/ Implementation of a pilot programme is under way for authorized economic operators at the EAC level. In Tanzania there are 54 accredited AEO operators.  ..Clearance time for arrival of 
cargoes has improved however the cargo clearance time 
across land-border stations increased from 2 to 3 days… 
 
What are the preliminary findings of the pilot 
programme carried out at EAC level for Authorised 
Economic Operators and what are the expectations in 
terms of removal of impediments on intra-international 
trade? 
 
The Authorised Economic Operators programme is 
an initiative to apply a risk management approach 
across the whole of EAC in order to facilitate the 
trade. The project has been under the preparatory process and piloting will commence in June 2013. A regulatory framework under the EAC Compliance and Enforcement has been adopted. This contains regulations on AEO and Post importation Audit 
which are a requisite for the operationalization of the 
AEO programme. Operational procedures have developed under the EAC procedure manual. During the preparatory periods the benefits that will accrue to participating traders were identified. Currently 
some traders have been identified to participate in the 
pilot which commences in June 2013. It is expected that the AEO will reduce the business costs since goods will move faster hence increase turnaround of cargo. The scheme will also enhance compliance as it 
will be attractive to business.  
(3) Measures affecting 
production and trade (i) Competition policy and regulatory issues Page 28, paragraphs 124  to 126 S271 The role of EAC competition authority on 
anticompetitive behaviours that originate from cross border transactions within EAC  
 Is the EAC competition authority empowered to 
check the compatibility of national competition legislations with the regional legal framework? 
The EU welcomes further information regarding WT/TPR/M/271/Add.1 
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the regional competition authority (powers, 
capacities, resources). 
 
Yes. The EAC Competition Authority shall have all 
powers, express and implied necessary for and conducive to the implementation and enforcement of the East African Communi ty Competition Law. 
 Specifically, the Authority's powers include power to: 
develop appropriate procedures for consultation and 
involvement of the East African Community's Sectoral regulatory regimes for purposes of enhancing compatibility with the East African Community Competition Law; gather information; 
investigate and compel evidence; including the search 
and seizure of documents; hold hearings; issue legally binding decisions; and impose sanctions and remedies.  In addition, resolutions and decisions of the Authority 
shall be legally binding upon Partner States' 
authorities and Sub ordinate courts. Decisions made by the Authority shall be enforceable by Partner States' enforcement authorities and Partner States are under obligation to enforce decisions of the 
Authority. 
 
The Authority shall be funded from the budget of the Community.  
 Regarding state aid that is mentioned in 
paragraph 126, what are the intentions 
regarding the control of state aid within the region? It seems that some discipline on state aid within EAC level could contribute to avoiding harmful subsidies races among the EAC members. As many of the reports show, FDI 
business climate do not usually depend on the 
level of state aid but on more fundamental economic/legal decisions made. 
 The intentions regarding control of state aid are to 
regulate state subsidy in order to prevent distortion of 
competition and restrictions to trade within the EAC market.  
Korea II. Trade and Investment 
Regimes  
Page 8 (paragraph 40) The action agenda is prioritized according to the degree 
of difficulty in achieving a consensus and the quantitative impact on intra-regional trade flows.  In practice, there 
has been very little progress in tackling NTBs.  This calls  WT/TPR/M/271/Add.1 
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 for a shift from identifying and discussing NTBs to 
implementing regulatory reforms and reducing trade 
restrictive measures. A legally binding mechanism with sanctions for non-compliance would help to fully exploit economies of scale related to economic integration.  Is the EAC considering the introduction of a legally binding mechanism with sanctions for non-compliance to tackle NTBs, as the Secretariat report suggests?  Could the EAC state what action plans it has for regulatory reform in terms of NTBs? 
 
EAC is in the process of developing legally binding enforcement mechanism on elimination of identified NTBs. A draft NTB Bill has been developed and is currently under consideration by the Partner States prior to adoption by the EAC Council of Ministers.  
 
III. Common Trade 
Policy Measures 
 Page 23 (paragraph 89)  According to the EAC Secretariat, a tax harmonization 
programme has been initiated in the region. 
 
Could the EAC elaborate on the tax harmonization 
programme?  
The Partner States have established Technical 
Working Groups on Excise Tax Harmonization, Value Added Tax Harmonization and on Income Tax Harmonization. They have developed a draft EAC Excise Tax Management Bill, a draft Code of Conduct against Harmful Tax Competition. The 
Partner States are also discussing the options of the 
harmonized legal framewor ks which will determine 
the best approach taking into account the EAC integration agenda and on-going initiatives including the Single Customs Territory and experiences of 
other regional blocs. Roadmaps on the harmonization 
of Excise Tax, VAT, and income tax are currently being developed.  
 
Pakistan  The Secretariat Report has noted that serious 
impediments to the full and smooth implementation of the EAC Customs Union include 35 NTBs, which were 
identified by the EAC Secretariat and are being 
eliminated for the full operationalization of the FTA component of the community. However, the Secretariat Report considers that in practice, there has been very little progress in tackling NTBs.   
Could EAC explain that in what manner and kin what 
timeframe all NTBs will be eliminated? WT/TPR/M/271/Add.1 
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The elimination of NTBs is a continuous activity 
guided by the EAC Time Bound Programme for the elimination of NTBs. The EAC Time Bound 
Programme for the elimination of NTBs which is 
updated quarterly and has a time frame for removal of each NTB reported. The time frames range from immediate elimination, 3-6 months and long term for cases of infrastructure development (e.g. Roads, ports, OSBPs etc.).  
 
The EAC is in the process of adopting a legally binding enforcement mechanism that will ensure that infringements arising from NTBs are removed in a timely manner. 
 
The contribution of manufacturing to GDP remains 
relatively low, at less than 10% in general.  Low 
productivity (underpinned by lack of innovation), the high costs of inputs (including unreliable and expensive power supply), and the unskilled labour force are, inter alia, the main reasons behind the sector's poor 
performance.  
 How does EAC plan to overcome these deficiencies?   
To address the issue of relative low contribution of 
the manufacturing sector to the GDP, the EAC 
Summit of heads of States approved the EAC 
Industrialization Policy a nd Strategy (2012 – 2032). 
The policy has prioritized 6 sectors for development 
of strategic industries in the region namely: 
 Fertilizer and agrochemicals 
 Agro-processing 
 Pharmaceuticals 
 Petro-chemical and gas processing 
 Iron ore and other mineral processing and  
 Energy and bio-fuels  
 
The policy has identified the following targets:  
i. Diversifying the manufacturing base and 
raising local value added content (LVAC) of resource based exports to 40% from the  currently estimated value of 8.62% by 2032; 
ii. Strengthening national and regional 
institutional frameworks and capabilities for 
industrial policy design and implementation;  WT/TPR/M/271/Add.1 
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and delivery of support services  to ensure  
sustainable industrialization in  the region; 
iii. Strengthening R&D, Technology and 
Innovation capabilities to facilitate structural transformation of the manufacturing sector and upgrading of production systems; 
iv. Increasing the contribution of (i) intra-
regional manufacturing exports relative to total manufactured imports in to the region from the current  5% to about 25% by 2032 and (ii) increasing the share of manufactured exports as a percentage of total merchandize 
export to 60% from an average of 20%; 
v. Transforming Micro Small and Medium 
Enterprises into viable and sustainable business entities capable of contributing up to 50% of manufacturing GDP from 20% base 
rate. 
 Other measures that EAC is undertaking to address issues of business environment and improving the investment climate include the: 
 Development of the 4
th EAC Development 
Strategy (2011-2016) 
 Development of EAC Investment Policy and 
Strategy 
 
In general, all EAC countries are suffering from supply-
side constraints.  Efforts to address this challenge should 
focus mainly on improving their business climate, 
including stable and reliable political governance, with a view to attracting investments.   Could EAC explain how it proposes to address these 
massive challenges on the supply side? 
 
The EAC region is currently implementing the 4
th 
Development Strategy for the Community which emphasizes among its priority areas improved 
regional/global competit iveness for faster and 
sustainable economic growth.  The region has mostly focused  on three critical areas 
that are Economic Diversification, ICT and Infrastructure Development. 
 
On Economic diversification, the region is focusing and investing more on upgrading its agricultural method mechanization for value addition, developing WT/TPR/M/271/Add.1 
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processing, manufacturing and basic industries as 
well as many forms of non-agricultural industrial activities.  
 
On Information and Communications Technology, the EAC is encouraging innovation and facilitating the establishment of enterprises such as business process outsourcing centres. The massive penetration of mobile telephony in the region has led to various 
innovations such as mobile Commerce (e.g. the 
pioneer money transfer service, MPESA) which simplified financial transactions and made them more widely available to people in the region.   
In regard to the development of modern 
infrastructure, work is already being done in the implementation of the East African Road Network Project across the region. Focus is also being placed on upgrading and modernizing the current railway network in addition to extending it to other parts of 
the EAC. Currently, the EAC has approximately 
8,100kms of railway of which 6,000kms is operational with the rest being largely not functional for several reasons. An additional 5,000kms of railway is expected to be added in the near future with the 
Lamu-Juba/Addis and the Isaka- Kigali/Keza project 
comes to fruition. These projects are estimated to cost approximately US$29 Billion and this includes rehabilitation of the existing lines, gauge upgrade and purchase of the right of way.   
In addition, EAC has a combined road network of 
20,000kms of which 15,000kms are on the corridors and 5,000kms of interconnecting links. There is also in excess 100,000kms of road that need paving, 8,000kms of the corridor and linking networks 
require rehabilitation, reconstruction or capacity 
expansion with an estimated capital expenditure of US$15billion.  In regard to power supply, several projects aimed at 
building a reliable power supply capacity across the 
region are currently underway. Currently, the generated power is around 31,834MW with increased anticipated demand of 3,034MW- 30,319MW for the years 2013 to 2038 costing approximately US$4.5 billion. Kenya has over 2,000 megawatts of 
geothermal power potential and presently exploits 
only 127 MW; Rwanda's potential in methane gas in the Lake Kivu which can generate 700 MW of power  WT/TPR/M/271/Add.1 
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for 50 years; and hydro-power potential in Uganda 
and Tanzania. New energy discoveries in the region 
have also increased the opportunities in the energy sector. Expected oil reserves in Uganda of 2.5 billion barrels, Tanzania with 3-7 trillion cubic feet of gas and the recently announced discovery of oil in Kenya 
all conspire to make a case for East Africa being the 
next investment destination for infrastructure.   
According to the EAC Secretariat, the region has faced 
challenges in implementing the CET, due to membership 
in multiple agreements.  Indivi dual countries' internal tax 
systems, especially tax bases and rates, may distort cross-border transactions, capital flows, and the regional labour division.  Efforts to address these challenges are being 
considered under the EAC/COMESA/SADC tripartite 
negotiations.   By what dates does EAC foresee complete implementation of CET?  The CET is being implemented and its review is a continuous exercise.   Presently the CMA permits the extension of preferences between individual EAC Partner States 
and the other RECs to which they belong. However, 
this arrangement will cease after the coming into 
force of the Tripartite FTA agreement, since all the tripartite Member/ Partner States will start trading on FTA terms with each other.  
 
The use of trade preferences by EAC countries remains 
limited.  In the main, this reflects severe supply-side 
constraints in EAC countries, but some features of the preference schemes limit their impact. In addition to overcoming its supply side c onstraints, has EAC carried 
out a study of preference schemes with a view to asking the preference granters to re move the bottlenecks in their 
higher utilisation? 
 
The EAC Partner States have undertaken 
assessments to identify a nd overcome challenges faced 
utilizing preference schemes such as the AGOA. 
These challenges have been communicated to the 
preference granters, i.e. during the AGOA Forums, and strategies have been developed to address these WT/TPR/M/271/Add.1 
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challenges. 
 
The EAC competition policy was adopted in 2004, and 
the EAC Competition Act was enacted in 2006. But to date, the EAC Competition Act has not been 
operationalized.  
 When will the Act be fully operationalized?  
The EAC Competition Act 2006 has been reviewed so 
as to have five commissioners and therefore 
accommodate the membership of Rwanda and 
Burundi, the latest entrants into the EAC. Currently, the Members States are in the process of reviewing the implementation road map in order to expedite the operationalization of the Act.  
 
Turkey II. TRADE AND 
INVESTMENT 
REGIMES (1) Overview, paragraph 32, page 7  It is mentioned that "under the Customs Union Protocol, 
each member is free to negotiate bilateral trade agreements, subject to notification to other members. Such agreements should not be in  conflict with provisions 
of the Customs Protocol."  
How is it possible that every country can individually negotiate bilateral trade agre ements with third countries 
whereas they are supposed to have a binding EAC Common External Tariff on an equal footing as a requirement of Customs Union?  
Although the Protocol allows Partner States to enter 
into trade negotiations with other parties, it has to 
inform other Partner States of such intentions and the Partner states have to make comments. Therefore such negotiations should not in any way be inconsistent with the Protocol. This means that you 
cannot negotiate a tariff regime different from that in 
the CET unless such negotiations are undertaken by EAC as an entity. That is why EAC is negotiating EPAS with EU as bloc and it participates in the Tripartite FTA negotiations with COMESA and SADC as a bloc. 
 
The EAC in Practice, 
paragraph 45, page 9  The East African Community consists of Kenya, 
Tanzania, Uganda, Rwanda a nd Burundi. In Secretariat 
Report it is stated that each country is a member of different trade agreements.  Could you please inform us on how do EAC countries strike a right balance between their commitments to the 
East African Community and to other agreements?  
The EAC Customs management Act Section 112 
allows EAC Partner States to extend preferences to  WT/TPR/M/271/Add.1 
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the other RECs to which they belong. In addition, 
harmonization of REC projects and Programmes are 
ongoing within the Tripartite arrangement involving COMESA, EAC and SADC.   
III. COMMON TRADE POLICY MEASURES (3) Measures Affecting 
Production and Trade, 
paragraphs 123-129, pages 28-29  It is mentioned by the Secretariat that:  "The EAC 
competition policy was adopted in 2004, and the EAC Competition Act was enacted in 2006…" and   "To date, 
the EAC Competition Act has not been operationalized.  
According to the EAC Secretariat, effective implementation of the EAC Competition Act faces a number of challenges, including the lack of competition laws and institutions in some member states, and 
technical capacity issues at national and regional levels. 
In addition, key national and regional stakeholders need 
to be sensitized on the benefits of competition policies, including laws. Currently, only Kenya and Tanzania have fully functioning nationa l competition laws and 
institutions…". 
 
Could the Community share thei r target date for the entry 
into force of the "EAC Competition Act"?   
The EAC Competition Act 2006 has been reviewed so 
as to have five commissioners and therefore 
accommodate the membership of Rwanda and Burundi, the latest entrants into the EAC. Currently, the Members States are in the process of reviewing the implementation road map in order to expedite the operationalization of the Act.  
 
 
BURUNDI 
WTO 
Member 
State Section/Page of the TPR 
report Questions and Burundi's responses 
Australia (III) Burundi's Trade Policy 
Objectives (3) Sectoral Trade Policies (f) Mining and Energy 
Page 23, paragraph 97  
 States that there has been wide-ranging reform of the 
legal and regulatory framework governing the mining sector.   
What specific measures has Burundi undertaken in 
this reform process to develop a sectoral policy to improve management of the country's mining resources?  
The Government is in the process of adopting a 
new Mining Code in replacement of the 1976 
Mining and Petroleum Code (decree-Law No. 1/138 of 17
th July 1976). The new Code has 
been greatly simplified (e.g. three conventional WT/TPR/M/271/Add.1 
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instruments of the old Code are reduced to a single 
operating mining agreement that serves as the specification [Article L. 45], all other permits and 
approvals are unilateral acts of the mining 
administration.  Permits formerly granted by Presidential Decree, will now be granted by order of the Minister of Mines after deliberation by the Council of Ministers in order to simplify and accelerate procedures for granting. Great 
clarification was also made in regards to the 
provisions relating to relations between owners of permits and national landlords, in this regard, a procedure was established to give effect to the rights of the owner and the payment of 
compensation for eviction.  
 
The reforms include also granting tax reduction, guarantees against legislative changes and International Arbitration. It is also expected to establish the very important automatic right to the 
inventor to obtain the title of exploitation [Article 
L. 47]. For the same reason, have been established the principle of compensation of the owner in case of termination of his title [Article L. 27 § 2] or safety mining to facilitate the financing of mining 
activities [Articles L. 57 et seq.]  
Has Burundi drawn on best practices from other 
countries and if so which ones?  
Yes, mainly the practices from African countries. 
 
Has Burundi looked to harmonise its regulatory 
framework with that of  other EAC members? 
 
Yes, Burundi plans to harmonize its regulatory 
framework at the EAC level. 
 
Does Burundi intend to join the Extractive Industries 
Transparency Initiative?   Yes 
 
WT- TPR-S-271 BDI 
Burundi – Annex I (II) Financial Services  (b) Insurance paragraph 366 Could Burundi please elaborate on the approval 
process required for Burundians to access foreign insurance services?  
Response will be provided in due course. 
  WT/TPR/M/271/Add.1 
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European 
Union WTO Report. S271/BDI 
(Annex 1) 
I-Economic environment (1) main features of the economy  Page 57, paragraph 3  
 "In general these –coffee- sectors are in difficulty, as 
the presence of numerous intermediaries is inflating 
post-production prices to levels in excess of those found on the international market." In addition the Secretariat notes in its paragraph 258 page 113 regarding agriculture that  several measures such as 
the high tariffs on imports of unprocessed coffee 
beans discourage further efforts to make coffee processing in Burundi more profitable.  
EU would like to know what are the measures that are 
under consideration, if any, by the 
government regarding the enhanced profitability of 
the coffee –production sector given that coffee is one of the main sources of exports earnings? (paragraph 244)  
 
While the Government of Burundi has agreed to fully liberalize the coffee sector and encourage associations of producers to directly sale to the international market, the reforms are still ongoing.  The government has put in place since November 
2009, the Regulation Authority of coffee sector 
(ARFIC) to replace the old government structure (OCIBU- Burundian Office of Coffee) and now it proceeds on the sale of about 24 treatment stations of coffee in favour of private operators. For example, a Swiss company (Webcor) acquired 13 
of these stations in 2009.   
IV Measures affecting 
production and trade  (v) Competition and price controls Page 101, paragraph 203  
 The EU notes the role of state owned entities/semi-
public enterprises in a number of sectors including those that could be of interest to foreign investors (electricity, road, water, tea) and/or which may be partially opened to investors in the future. The 
secretariat in its report indicates that abuse of 
dominance may be subject of exemptions in the competition law 
 
The EU would be interested to know if State owned 
entities are covered by the new competition law dated 
2010? And if so, what are the main issues covered (bid rigging, cartels?) and would abuse of dominance be covered? 
 
The national competition authority does not yet 
exist in Burundi. However as regard to the 
provisions of the Competition law, under article 2, paragraph 3, state-owned enterprises, or entities directly or indirectly controlled by the State are WT/TPR/M/271/Add.1 
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concerned. So, the provisions of the Competition 
Act apply to all sectors of the national economy, all 
the operations of production or marketing of 
products, services or intellectual property rights 
realized by individuals or public corporations, parastatals or private. 
 
India Secretariat Report 
(WT/TPR/S/271) Page A1-131, paragraph 347  
 Service providing companies are subject to several 
taxes and various controls.  Burundi is requested to provide details of taxes and 
controls imposed on service providing companies. 
 
Secretariat Report (WT/TPR/S/271) Page A1-146, paragraph 417  The Government intervenes in the subsector by 
providing tax incentives, granted under the Investment Code (with priority for tourism) or under the Free-Zone Law, with enterprises that provide tour operator services being eligible for free 
enterprise status. 
 Could Burundi specify whether various incentives mentioned in this paragraph are available to the domestic services suppliers only or they are also 
available to foreign service suppliers? 
 
Page 40, paragraph 163  For Burundi and Rwanda, Tariff rates under EAC 
Common External Tariff (CET) exceed their WTO bound levels for several lines, as CET was decided prior to Burundi and Rwanda joining the EAC.  Could Rwanda and Burundi indicate the steps being 
taken by them to bring their tariffs in conformity with 
their WTO bound level and the proposed timeframe for the same?  
As a Least Developed Landlocked country with 
very high trading costs, membership of the EAC is 
vital to reducing Burundi's trading costs and ensuring access to both regional and international 
markets.  Rwanda/Burundi joined the EAC Customs Union from 1
st July 2009 and they are 
implementing the CET.  
 Burundi intends to enter into consultations with other WTO Members in order to address this situation.  
 
Turkey ANNEX I: BURUNDI 
TRADE AND As stated in the Secretariat Report, "Since 1 
January 2009, a new Investment Code has been in  WT/TPR/M/271/Add.1 
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INVESTMENT REGIMES, 
PARAGRAPH 54, PAGE 
74 effect in Burundi. This Code defines the overall 
framework and the guarantees given to investors in 
Burundi." 
TRADE POLICIES AND PRACTICES BY SECTOR, PARAGRAPHS 296-297, PAGE 120  The Secretariat Report states, "Burundi has an 
important and varied mining potential, mainly 
involving nickel and its associated minerals, namely, copper, cobalt and the elements of the platinum group, vanadium, cassiterite, colombo-tantalite, 
wolframite, rare earths, gold, peat, and various 
industrial minerals, as well as signs of hydrocarbons.  
The nickel deposits at Musongati represent about 6% 
of the world's known nickel reserves. Following the 
conclusion of various agreements between the 
Government and the mining companies, gold, nickel, 
rare earths and hydrocarbons  are all currently being 
explored. The extractive industries are underdeveloped.  War, the lack of electricity and the absence of a railway are factors that have held back investment in both prospec ting and exploitation.  At 
present, not much is known about the extent of the 
country's mineral resources . Development activities 
have mainly involved deposits of gold, vanadium, carbonated phosphates and nickel." 
 
It is understood from the Secretariat report that the 
nickel deposits, although standing at a significant level, has not been extracted effectively due to the industries being underdeveloped. Could Burundi make a brief assessment on the effectiveness of the new Investment Code on increasing the level of 
investments associated with the extraction of mines 
with special attention to the nickel deposits?  
United States REPORT FOR BURUNDI, 
ANNEX 1 (WT/TPR/S/271/BDI)  
II.  TRADE AND 
INVESTMENT REGIMES (2) T
RADE AGREEMENTS 
AND ARRANGEMENTS  
Page A1-73, paragraph 49 The Secretariat report notes that Burundi has 
encountered difficulties as far as notifications to the WTO are concerned.  Please explain what steps Burundi is taking to bring its WTO notifications up-
to-date.  
 
In August 2012, the Government of Burundi 
requested a technical assistance from the WTO in order to bring its WTO notifications up-to-date.  
From 15 to 18 October 2012, a workshop was 
organized by the Government with the support of the Institute of Training and Technical Cooperation (ITTC) of the WTO. During the workshop, the necessary skills and procedures have been provided to participants. The next steps 
for the Government will be to update its 
notifications at the WTO in cooperation with all WT/TPR/M/271/Add.1 
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the ministries/ departments involved in trade 
policy formulation and implementation.  The national authority in charge of notification will 
also be updated soon and notified to the WTO, and 
finally notifications regarding all newly laws and regulations will be sent to the appropriate committee/ Division at the WTO by the first quarter 2013. 
 
III. TRADE POLICIES 
AND PRACTICES BY 
MEASURE 
(1) INTRODUCTION  
Page A1-78, paragraph 69 The Secretariat report notes that "…5 % of Burundi's 
tariff headings do not correspond to the EAC's 
eight-digit Harmonized System (HS) CET. The CET 
rates are relatively higher than the former (national) tariff and the applied rate is  above the bound rate for 
certain products."  Further, page A1-84, paragraph 101 notes that "for 362 lines the applied 
rates are higher than the bound rates."  A list of those 
HS codes for which the applied tariff appears to accede the Burundi's bound rates appears in Table AIII.I, beginning on page A1-157.   
What steps is Burundi taking to bring all of its applied 
rates into conformity with its WTO tariff bindings?  Does Burundi have plans to bring all of its tariff headings in line with the EAC eight-digit HS CET?    
Burundi intends to enter into consultations with 
other WTO Members in order to 
address this situation.  All Burundi's tariffs are in line with the EAC eight-digit HS CET. 
 
(2) MEASURES DIRECTLY 
AFFECTING IMPORTS  
(ii) Customs procedures and customs valuation Page A1-81, paragraph 92 The Secretariat report states: "The time required for 
foreign trade transactions is still longer in Burundi 
than in most other EAC countries. The World Bank's Doing Business 2012  report indicates that, in 2011, 
60 days were required to import goods and 35 to export them."   
How does Burundi plan to address the extended time 
length of foreign trade transactions?  
Since the Doing Business 2011  Report , some 
progresses have been achieved in Burundi. The 
2013 Report indicates that it's required now 
32 days to export and 46 days to import. The Government has established a single stop office for business creation and plan to do the same for foreign transactions (imports and exports) so as to  WT/TPR/M/271/Add.1 
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reduce the number of documents required and also 
the time and costs.   
(iii) Import prohibitions, 
quantitative restrictions, and licensing Page A1-87, paragraph 126 The Secretariat's Report states that Burundi now only 
requires import licenses for statistical purposes.  It appears that Burundi's last notifications of its import licensing regime were in 2001.   
- When does Burundi plan to submit its 
notifications to the Import Licensing 
Committee in light of the WTO Agreement on Import Licensing Procedures? 
 
Following the technical assistance provided by the 
ITTC of the WTO in October 2012 on the 
notifications, Burundi plan to bring all the notifications (including on import licensing procedures) up-to-date by the first quarter of 2013.  
 - Please also confirm that Burundi does not 
maintain any non-automatic import license requirements. 
 
Yes, Burundi confirms that it no longer maintains 
non-automatic import license requirements.  
(3) MEASURES DIRECTLY 
AFFECTING EXPORTS  
(iii) Subsidies and export duty and tax concessions Page A-91, paragraph 153 According to the Secretariat report, Burundi's Export 
Promotion Law abolished a ll export taxes and allows 
a preferential tax rate for companies on profits earned from the export of "non-traditional products."    
Does the Export Promotional Law provide additional 
types of incentives to exporters of non-traditional products? If so, please describe the types of incentives provided, as well as the eligibility criteria.   
There are additional types of incentives to 
exporters. The Export Promotion Fund  managed 
by the Agency for Investment Promotion (API) provides premiums to companies on the basis of a cost-sharing mechanism to  support the following 
activities: 
Business Development: structure and function of 
the export strategy,  implementation plan export,  training on export marketing; product adaptation: matching products to target markets,  
Certification and labelling of products, 
 production of promotional materials,  WT/TPR/M/271/Add.1 
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finding business partners,  
Improved export environment: cross-financing of activities to improve the environment for exports. 
 
All these incentives are provided on a national treatment principle. In addition, there are some basic eligibility criteria such as be lawfully and properly established in Burundi (RC and NIF), be in good standing with taxes: Tax Certificate of non 
accountability; and be in good standing with the 
social law. 
 
(v) Export promotion, 
financing and guarantees Page A-92, paragraph 161 The Secretariat states that as part of Burundi's export 
promotion and financing activities, the National Economic Development Bank (BNDE) provides long-term loans, notably to the agricultural sector.   
 
What are the eligibility requ irements for companies to 
receive financing from BNDE?  
The main conditions for access to funding with the 
BNDE are as follows: 
- Propose an investment project with  technical and financial feasibility study,  -  have sufficient technical capacity in the field of action requested, - have a good capacity management, 
- The existence of a sufficient market to ensure a 
good level of sales and profitability of the project, - Have an intake of at least 30% of the investment cost.  For project expansion, the Bank assistance can 
represent all of the necessary investment cost.  
 
(3) MEASURES AFFECTING 
PRODUCTION AND TRADE  
(vi) Intellectual Property Page A1-101 & 102, paragraphs 209-210 The Report indicates that Burundi has been a member 
of the World Intellectual Property Organization (WIPO) since 1977.  The report also notes that Burundi is revising its Copyright Law and the Industrial Property Law, and that "enactment of the new [Copyright] law is sche duled to go hand in hand 
with Burundi's accession to the Berne Convention."   
Will Burundi provide an opportunity for comment on the draft Copyright Law before it is enacted?  
The Copyright Law was already revised and 
enacted in 2005 (replacing the 1978 law). Similarly, 
the Industrial Property Law was updated and enacted in 2009 (replacing the 1964 law). Consequently, neither law is under review at present.  WT/TPR/M/271/Add.1 
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Page A1-102, paragraph 211 The Report me ntions that Burundi plans to add an 
"annex on the regulation of translation and 
reproduction licenses" to its copyright law, so that it provides "compulsory licences … for the purposes of translation into and reproduction in Kirundi."    
When will such compulsory licenses be permitted and 
under what terms?  Will Burundi avail itself of the provisions of Berne Appendix Article II and Article III?  
The Copyright Law does make reference to the 
regulation of translation and reproduction licenses 
in Articles 32 and 33, these two Articles were supposed to refer to conditions stated in the annex of the law. However the terms of this annex are not yet quite clear since the annex is on a draft version 
and the final version has not been adopted.  
 
KENYA 
WTO 
Member 
State Section/Page of the 
TPR report Questions and Kenya's responses 
Australia (III) Sector Specific 
Performance (3) Mining Page 29, paragraph 14 
 States that the National Mineral Resources and Mining Policy 
is in the process of being enacted.   Can Kenya clarify how it intends to implement the recently 
enacted local equity regulation (Legal Notice No. 118 of 
27 September 2012) without adversely impacting on current and potential investment in the mining sector?  
In case of non-availability of interested local investors, the 
Government has the option of waiving the local equity 
requirement to allow current a nd potential investors in the 
mining sector to go ahead and invest in the industry. The requirement is, therefore, not expected to adversely impact on current and potential investors in the mining sector. The 35% local equity will allow for technology transfer and 
development of local capacity in the mining industry.    
How did Kenya arrive at the figure of 35% local equity? 
 
The Government arrived at the 35% local equity after 
consultations with local stakeholders.  
 
Will Kenya be changing its regulations to allow mineral 
exploration and other mining comp anies to list on the Nairobi 
Stock Exchange without the requirement of being in business 
and operating profitably for three years? WT/TPR/M/271/Add.1 
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Yes, Kenya has introduced a new market segment at the 
Nairobi Securities Exchange called the Growth Enterprise Market Segment (GEMS) to cater for SMEs as well as 
other start-up companies with high prospects i.e. mining 
companies. This segment has lower thresholds that exclude the three years profitability track record. 
 
How will this new regulation impact on EAC harmonisation of 
mining regulations?   
The new regulation is not expected to adversely impact on 
EAC harmonisation of mining regulations.   
Does Kenya intend to join the Extractive Industries 
Transparency Initiative?  
Yes. All natural resources within the territory of Kenya 
belong to the people of Kenya. The exploitation of the 
natural resources shall be done for the benefit of people of 
Kenya bearing in mind the principle of intergeneration equity.   
 
(VI) Trade 
Performance (5) Privatisation  
Page 39, paragraph 61 
and 62   States that the Privatization Commission is overseeing the 
implementation of the privatization strategy, with the following sectors earmarked for privatization: banking, agro-
processing, hospitality, energy, infrastructure and 
manufacturing.   Amongst these sectors, which is Kenya's highest priority for privatization and which sector is the most advanced in the implementation of its privatization strategy?  Kenya does not have any specific sector ranked as highest in priority for privatization.  The current Privatization Programme that has twenty 
seven (27) entities targeted for privatization highlights the 
priority entities for the country for privatization. The list identifies the priority institutions/investments in the various sectors and all these form the priority list for Kenya's privatization. 
 
There is therefore no specific sector that is highest in priority, but we have priority public entities/investments for privatization in specific sectors. The most advanced sectors are in manufacturing, banking, hospitality and agro processing. 
 
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(VIII) Regional and 
Bilateral Trade 
Agreements (7) Bilateral trade agreements Page 44, paragraph 90 
 States that Kenya has 27 bilate ral agreements in force.  
 
Does Kenya have any, or is Kenya negotiating any bilateral trade agreements with countries in Asia?  
Kenya has signed Bilateral Agreements with Bangladesh, 
China, India, Iraq and Pakistan). The scope of these 
bilateral agreements ranges from Non-tariff Barriers and other boarder measures other than tariff. In additions the BTAs also covers cooperation in areas of trade promotion and exhibition amongst others. 
 
(4) Services Sector (IV) Energy 
Paragraph 24  Could Kenya please elaborate on how the government plans to 
improve the investment environment to encourage more 
investments in the energy sector? 
 
With regard to reducing the administrative barriers to private sector development, the Government seeks to ensure a future business-licensing regime that is simple, 
more transparent and less costly to both the regulating 
agencies and businesses. The Business Regulatory Bill is aimed at reducing the overall burden of licenses and a system of vetting new regulations to ensure they do not exert unnecessary burden to business.  
 
Public Private engagements will be strengthened with a view to seeking common solutions to issues affecting business in partnership with private sector player in the regions the Government aims to ensure improved business environment through several initiatives; 
i. The Prime Minister's Round Table to provide a useful 
platform in addressing investor concerns in collaboration with private sector. 
ii. Sub-National Doing Business indicators where we aim 
to benchmark and monitor how local authorities 
address issues affecting business at local level 
iii. Regional Investor Round tables –through the Kenya 
Investment authority local forums are held to decipher investor concerns and loca l solutions and cascading 
policy issues to the Prime Ministers round table. 
 
In order to improve the investment climate further, the Kenya Government has recently adopted a Public Private Partnership policy that articulates its commitment to the PPP agenda, provide the basis for the legal framework and also provide a foundation for the institutions necessary to 
support delivery of a sustainable PPP programme. The 
Government has also enacted Public Private Partnership Law to provide more certainty and confidence to investors.  WT/TPR/M/271/Add.1 
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The ongoing implementation of the Constitution 2010 is 
expected to improve governance, continue to entrench reforms in both judiciary and other arms of governments 
ensuring predictability and functioning systems thus 
facilitating private sector growth.  Review of the Energy policy and Act to provide a conductive environment for the provision of energy services. To make the sector more responsible to privates 
sector needs especially on attracting investments. Design 
sector specific incentives to encourage investors in the energy sector e.g. feed in tariff etc.  
Canada Annex 2, Kenya, 
Section IV Trade Policies by Sector: 
(1) Agriculture; 
(II) Policy Developments: Paragraph 200, page 218 
 Paragraph 200 notes that the multitude of taxes and levies 
under various laws and regulations  is a major constraint to 
Kenya's agriculture production. Canada applauds Kenya's 
efforts to address this issue within  the scope of the Strategy for 
Revitalizing Agriculture (2004-2014).   Could Kenya please provide an update on the process of tax reform in the agriculture sector?  The government is currently undertaking review of various Acts with a view of addressing the multiplicity of taxes in agriculture sector.  
European Union S 271/KEN/annex 2  
I Economic environment 
(4) Investment 
performance 
 
Page 181 paragraph 26 
and page 35 
paragraph 41 of the 
Government report (G 271) and paragraph 26 of the secretariat's report S 271/KEN Annex 2 "Kenya's foreign direct invest ment (FDI) performance remains 
weak in comparison with its neighbouring countries.  Poor infrastructure and complex administrative procedures remain 
the main challenges.  Accord ing to the World Bank, Kenya 
ranks 109th (106th in 2011) out of 183 economies for ease of doing business.  Starting a business in Kenya requires an average of 33 days and 11 different administrative procedures."  
 
"The Government established a Business Regulatory Reform Unit to reduce business licensing requirements and ensure that they conform to International best  practices. It is expected that 
the streamlined business environment will attract FDI and also lower the cost of doing business and encourage the existing 
business to expand leading to increased new domestic 
investment and employment opportunities.  The reforms are intended to transform Kenya into an ideal and competitive investment destination."  
On Investment performance, paragraph 28 of the secretariat's 
report S 271/KEN/A2 mentions Australia, China, Germany, India and UK as main sources of FDI.  
 
  WT/TPR/M/271/Add.1 
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Can Kenya please provide more detailed statistics on FDI for 
example on volumes of investment flows (inward, by origin and 
by domain of activity), FDI stocks by origin and domain. 
 
FDI inflows amounted to K Shs 44,469 million in 2008, a 
decline of 26.4% from KShs  60,411 million in 2007. The 
inflows from the United Kingdom were highest at KShs 
19,153 million (43.1 per cent) followed France KShs 6,637 million (14.9 per cent) US KShs 4,448 million (10.0 per cent), Netherlands KShs 3,953 million (8.9 per cent), Germany KShs 2,518 million (5.7 per cent) and Switzerland KShs 2,458 million (5.5 per cent). Other major 
sources of inflows were Tanzania and India each 
accounting for 2.5% of the total inflows in 2008.   The major destinations of FDI outflows in 2008 were U.S., United Kingdom, France and Germany jointly accounting 
for 72.1% of the total outflows. India, Netherlands and 
Mauritius were also significant destinations of FDI outflows.   Distribution of FDI by Industrial Classification of 
Activities  
In 2008, Manufacturing had the highest stock of FDI liabilities accounting for 28.4% of the total stock. This was closely followed by Information and Communications and Financial and Insurance Sect ors with 24.6% and 20.1%, 
respectively. Stock of FDI in the Electricity, Gas, Steam 
and Air conditioning increased by 83.0% from KSh 5,057 
million in 2007 to KSh 9,256 million in 2008. Major increases were also recorded in the stock of FDI in Financial and Insurance, Construction and Manufacturing sectors which rose by 42.5%, 33.7% and 31.6% 
respectively during the same period. Declines were 
however recorded for the FDI stocks in the Transportation and Storage; and Mining and Quarrying sectors, during the period under review . 
  
In 2008, Manufacturing, Information and Communication, 
and Financial and Insurance sectors were the leading 
beneficiaries of FDI inflows accounting for 41.2%, 19.7% and 18.2% respectively, of the total FDI inflows. Other sectors that benefited from the FDI inflows were wholesale and retail trade, and Electricity, Gas, Steam and Air 
conditioning supply. Inflows to Electricity, Gas, Steam and 
Air conditioning supply tripled while those to Accommodation and Food service more than doubled 
during the same period. Inflows to Manufacturing sector increased by 86.7% from KShs 9,823 million in 2007 to 
KShs 18,340 million in 2008. However, FDI inflows to WT/TPR/M/271/Add.1 
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Transportation and Storage, and Information and 
Communication dropped significantly.  
Do the reforms under consideration take into account certain aspects related to administ rative procedures that may 
constitute obstacles to FDI (for example in the food processing 
sector that is analysed in the paragraph 252 page 227 "as having the biggest value addition (approximately 25%) thought it is less attractive than petroleum, chemicals, clothing and electrical machinery").  
The reforms undertaken by Government are aimed at 
reducing the administrative barriers to private sector development. They seek to ensure a future business-licensing regime that is simple, more transparent and less costly to both the regulating agencies and businesses. 
Particularly the Business Regulatory Bill soon to be 
enacted is aimed at reducing the overall burden of licenses and a system of vetting new regulations to ensure they do not exert unnecessary burden to business. The reforms will have a cross cutting effect as th ey will apply to all sectors. 
 
III Trade policies and 
practices by measure 
(1) Measures directly affecting imports (x) Health, sanitary, phytosanitary, and environmental 
protection measures 
 Page A2-203, paragraph 123:  The report states the following: "Over the period 2005-06, due 
to outbreaks of Avian Flu, Kenya notified 26 emergency SPS 
measures to the WTO Committee on Sanitary and Phytosanitary Measures, restricting imports of domestic and wild birds, eggs, and bird-meat products, from affected countries listed in the OIE World Animal Health Information database. Kenya also notified the prohibition, as from April 
2010, of the importation of live sheep and goats from countries 
reporting scrapie, caprine arth ritis/encephalitis (CAE), and 
bovine spongiform encephalopathy (BSE)."  
Can Kenya please explain how these trade restrictive measures 
imposed for avian influenza an d BSE are in line with the 
respective standards of OIE ?   
 
The measures are in line with OIE standards to the extent 
as follows: a) With respect to avian influenza, the OIE standards in 
Article 10.4.5 (2), 10.4.7 (2) and 10.4.10 (2) of the 
Terrestrail Code, 2012, the ex porting countries, zones 
or compartments are required to be free from the disease for a specified period before exportation. Kenya will undertake a review to adopt the length of time 
provided by the OIE Code.  
 b) With respect to BSE, the OIE Terrestrail Code in 
Article 11.5.3 require the exporting country, zone or compartment to demonstrate negligible or controlled  WT/TPR/M/271/Add.1 
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risk for a specified period of time before exportation. 
Kenya will undertake a review to adopt the length of 
time provided by the OIE Code.  
 
EU recalls that OIE standards include clear recommendations 
for the import conditions of commodities coming from countries/zones/compartments a ffected by these diseases. With 
regard to avian influenza, recognition of regionalisation 
measures (Art. 6 WTO SPS Agreement) are clearly included in 
the OIE Standard.   
Can Kenya please clarify if it does takes into account in its 
import conditions related to avian influenza regionalisation 
measures that are put in place by exporting countries? If so, 
the EU would be interested to be provided with references to these import conditions.   Kenya has not been taking into consideration avian influenza regionalization measures because the disease 
status is captured in WAHID in terms of countries and not 
regions. To Kenya's understanding, the OIE has not yet started listing regions free of avian influenza. However, Kenya is considering reviewing her measures in consultation with the OIE. 
 
With regard to BSE, can Kenya please explain whether it takes 
into account the BSE country categorisation as established by 
the OIE?   Yes. Kenya takes into account OIE categorization of BSE status. Kenya freely imports bovine commodities from 
countries categorized as having "negligible BSE risk". 
Kenya temporarily restricts imports of risk-commodities from infected countries only during the period before they resolve higher BSE risk and revert to "negligible BSE risk" status. 
 
Could Kenya please clarify whether it applies the trade 
recommendations established in the latest OIE standard?   
 
Yes. Kenya applies the trade recommendations established in the latest OIE standard and adopt the risk management measures therein in her import permits for various risk commodities. 
 
The EU recalls that these standards are such that there should not be any import restrictions related to live sheep and goat 
related to BSE. In fact, the OIE standard puts only trade conditions in place for bovine animals. According to EU's understanding, Kenya imposes an importation ban on live WT/TPR/M/271/Add.1 
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sheep and goats on countries reporting BSE, which is not in 
line with the OIE standard.  The EU would like to request Kenya to clarify this issue.   
 
With regard to caprine arthritis/encephalitis (CAE), the 
OIE standard does not impose any trade conditions for live 
sheep.  With regard to goats, according to the latest OIE standard, goats can still be continued to be imported.  With regard to scrapie, according to the OIE standard, live 
animals can still be traded from reporting countries on 
certain conditions laid down in the OIE standard. 
 
According to EU's understanding, Kenya puts in place import 
restrictions of live sheep and goats on countries reporting avian influenza, BSE, scrapie and CAE which are considered not in line with the OIE standard.   Can Kenya please clarify the rationale for its current policy in light of the above remarks and its intentions regarding those measures?  
 
Kenya acknowledges the opinion of EU on the matter of BSE and CAE import controls in sheep. Kenya observes from Article 14.9.6 and 14.9.7 of the OIE Terrestrail Code that both sheep and goats for breeding and slaughter are subject to import controls speci fied in the Code on account 
of Scrapie and also goats with respect to CAE. 
 
The measures applied by Kenya are for precautionary reasons. However, these measures are being considered for review to comply with th e specific OIE standards 
 
(3) Measures affecting 
production and trade 
(ii) Competition policy 
and price control Pages 206-207 paragraphs 142 to 152 of the secretariat report (S/271/KEN) and 
page 38, paragraphs 57 
and 58 of the Government report (G/271)  "To actualize this commitment, the Government has 
modernized the competition regulatory framework through the 
enactment and commencement of the Competition Act, 
Cap. 504.  The Act, inter alia , harmonizes competition law 
with other laws governing sector regulation and also creates an autonomous Competition Authority and Competition Tribunal. It is expected that with eff ective enforcement of this Act, 
competition in the Kenya's markets shall be deepened.  To 
facilitate the aforementioned objective, the Government is 
currently developing supportive subsidiary legislation to enhance transparency and pred ictability in the enforcement 
process.  This is aimed at reducing the costs of doing business (transactional and other costs emanating from the 
unpredictability of the enforcement process) and also result to 
some savings to the Authority."  The EU welcomes the entry into force of the new law since 2012, the creation of the CAK (Competition authority of  WT/TPR/M/271/Add.1 
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Kenya) and of a specialised competition tribunal which should 
be supportive of the key objectives of the government 
regarding attraction of FDI, enha nced trade integration with its 
main investment and trade partners that are diversifying.   
The EU would appreciate receiving further details as to how 
the competition law shall appl y to the sectors that are 
regulated by agencies as this seems to be "dependent on the outcome of negotiations of th e authority with the sectoral 
agencies themselves"?   
 
The Competition Act applies to  all sectors, including the 
sectors that are under sector regulators.  The Act provides 
that where there is a conflict between the provisions of the Act and provisions of any other written law with regard to matters concerning competition, consumer welfare and the powers or functions of the Competition Authority of Kenya 
(CAK), the provisions of the Act shall prevail. In addition, 
it provides that in case of conflict, disharmony or inconsistency, the determinations, directives, regulations, rules, and orders of CAK shall prevail. 
 
Could the government elaborate on the criteria for merger 
control and confirm whether a ll mergers are to be notified? 
 
The Act provides for notification  of all mergers. However, 
CAK is aware to the fact that not all mergers are benign to competition and hence, CAK is in the process of coming up with merger thresholds. CAK base its determination in relation to a proposed 
merger on competition criteria and public interest criteria. 
However, more weight is given to competition criteria. In making determination in relat ion to a proposed merger, 
CAK may either: a) Give approval for the implementation of the merger; 
b) Decline to give approval for the implementation of the 
merger; or 
c) Give approval for implementation of the merger with 
conditions. 
 
Regarding merger control and FDI projects screening, how 
shall FDI screening integrate relevant competition related 
considerations in the future?  
Regarding merger control and FDI projections screening, 
the FDI screening is done by the Kenya Investment Authority. In relation to merg er control, mergers involving 
FDI are evaluated using the same criteria in 35 above.  
(iv) Public procurement 
Page 210, The EU is aware that frequently EU companies feel 
disadvantaged vis-a vi s Kenya's predisposition to limit WT/TPR/M/271/Add.1 
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paragraphs 164-172  
 procurement bids to companies from specific geographical 
source (often Chinese). Wouldn't it be in Kenya's advantage to open the procurement bids to  genuine competition amongst 
companies regardless of their orig in? Kenya's credibility in fair 
and open public procurement sy stem would improve/increase. 
The EU also notes that paragraph 170 states "despite the noticeable progresses, no entity has been given a clear mandate to control procurement".  What are Kenya's intentions regarding the opening of procurement bids to genuine competition? 
 
Kenya's procurement system is open to genuine 
competition and is not limited to companies from specific 
geographical sources.  
Section 2 of the Public Procurement and Disposal Act, 2005 (the Act) indicates the purpose of the Act as to establish procedures for procurement and disposal by public entities to maximize economy and efficiency, promote competition and ensure competitors are treated fairly, to increase 
transparency and accountab ility in those procedures, 
among others.   Section 29 of the Act provides for every procuring entity to use open tendering as the default procurement method. For 
procurements above a certain threshold, a procuring entity 
is required to advertise at least twice in a newspaper of general nationwide circulation which has been published for at least two years before the date of issue of the advertisement and on its website (Section 54). Section 71 of the Act provides for International Tendering if there will 
not be effective competition for procurement unless foreign 
persons participate. National tenders must be advertised for a minimum period of twenty one (21) days and international tenders must be  advertised for a minimum 
period of thirty (30) days.   
 
Section 8 of the Act establishes PPOA as a body corporate charged with ensuring that the procurement procedures established under the Act are complied with; monitoring the procurement system and reporting on its overall 
functioning; initiating public procurement policy; and 
assisting in the implementation and operation of the public procurement system by preparing and distributing manuals and tender documents; providing advice and assistance to procuring entities; and, development, promotion and supporting tr aining and professional 
development of staff involved in procurement. 
Page 211, paragraph 170 Is it Kenya's intention to make competition legislation apply to 
public procurement given the essential role that public  WT/TPR/M/271/Add.1 
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 procurement is to play for the vision 2030 to be realized? 
The Competition Act applies to public procurement. The 
Act applies to all persons including the Government, state corporations and local authorities in so far as they engage in trade. The provisions of the Act prohibits restrictive agreements, practices and decisions by undertakings which 
have as their object or the prevention, distortion or 
lessening of competition in trade in any goods or services in Kenya. Specifically, the Act prohibits collusive tendering by undertakings. 
 
(v) Intellectual property 
rights 
Page 212, 
paragraph 175  The Constitutional court restricted the full implementation of 
the Anti-Counterfeit act. The Court has urged Kenya's 
Parliament to review the act in order to remove ambiguities 
that could result in arbitrary seizures of generic medicines under the pretext of fighting counterfeit drugs. Anti-Counterfeit Agency has filed an appeal against the Constitutional Court ruling on Anti-Counterfeit Act unconstitutional provisions limiting access to generic 
medicines.  
 
The EU would like to know how the Government addresses this 
issue in order to secure legitimat e trade in generic medicines? 
 
The Anti-Counterfeit Agency has never seized generic medicines entering Kenya because under the law they are legitimate goods. The Act does not at all criminalize trade in generic medicines. However, what is criminalized is the counterfeiting of generic medicines. However, in a judgment delivered on 20th April 2012, the Court basically 
declared Section 2 of the Anti-Counterfeit Act, No. 13 of 
2008 unconstitutional as it relates to medicines and went further to declare the enforcem ent actions of the Agency 
under Sections 32 and 34 of the Act in respect of medicines as running counter to the constitutional protections 
envisaged under Articles 26 (1), 28 and 43 (1) of the 
Constitution.  Decisions of the Court are appealable up to the Supreme Court. Generic drugs includi ng those manufactured under 
compulsory licensing are le gitimized by the Industrial 
Property Act, 2001 and the laws must be read together. The fight against counterfeiting has a profound impact on the economy not to mention the health and safety of plants, animals and human life. The Anti-Counterfeit Act as it is worded protects generic medicines within the confines of 
the TRIPS and the Industrial Property Act, 2001 and does 
not in any way infringe or even threaten to infringe trade in generic drugs or on the right of access to affordable healthcare of the populace. WT/TPR/M/271/Add.1 
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Page 213, 
paragraph 179  Can Kenya please clarify if its compulsory licencing 
legislation is in line with Article 31 of TRIPS, in particular 31(b): "such use may only be permitted if, prior to such use, 
the proposed user has made efforts to obtain authorization 
from the right holder on reasonable commercial terms and conditions and that such effo rts have not been successful 
within a reasonable period of time." 
 
Kenya's compulsory licensing provisions are in line with 
Article 31 of the TRIPS Agreement. As regards potential 
licensee-licensor prior negotiations before resorting to compulsory licensing, Section 74 (1)(a) of The Industrial Property Act, 2001 stipulates that "A compulsory licence shall not be granted unless the person requesting the 
licence satisfies the Tribunal that he has asked the owner of 
the patent for a contractual licence but has been unable to 
obtain the licence on reasonable commercial terms and within a reasonable time". 
 
Page 213, 
paragraph 182 GIs 
 Can Kenya please elaborate how GIs from other countries 
than Kenya can be protected, and if a specific GI legislation is 
being planned?  
 
GIs in Kenya are protectable as collective marks under the 
Trade Marks Act. This applies to both national and foreign GIs. Applicants for GIs from other countries than Kenya may directly file a request for registration of GIs with KIPI 
or WIPO (use the Madrid system for registration of 
Marks).   Yes, Kenya has drafted a bill specific to GIs to improve its GIs registration and protection system. 
 
Page 216, 
paragraph 190 
 Can Kenya please indicate if its legislation provides for ex 
officio actions for its customs official? 
 Yes, Section 22 (3) of the Anti-Counterfeit Act 2008 (AC Act) designates customs officials as inspectors for the purpose of enforcing the Act. Section 33 (4) of the Act empowers an inspector "to take any appropriate steps on 
his own initiative in relation to any act or conduct believed 
or suspected to be an act of dealing in counterfeit goods", provided the provisions of the Act are complied with. 
 
Can Kenya please clarify if it allo ws for ex parte actions as per 
TRIPS Article 50(2)? Yes. Under section 3A of the Civil procedure Act  the High 
Court of Kenya  has inherent  jurisdiction  to issue  
equitable reliefs.     WT/TPR/M/271/Add.1 
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India Page A2-212, 
paragraph 175 
 Over the review period, the main change in Kenya's IP 
framework was the enactment of  the Anti-Counterfeit Act (No. 
13) 2008. However, its full implementation was restricted by the Constitutional Court, which ruled that some provisions of the Act limit access to affordable and essential drugs including generic medicines for HIV/AIDS. As a consequence, the Court 
has urged Kenya's Parliament to review the Act in order to 
remove ambiguities that could result in arbitrary seizures of generic medicines under the pretext of fighting counterfeit drugs. The Anti-counterfeit Agency has filed an appeal against this ruling. 
 
Kenya may kindly elucidate on the grounds for appeal against 
this ruling of the Constitutional Court, seeing that Access to generic medicines at affordable prices is an avowed intent of the Government and is also a llowed under TRIPS flexibilities. 
 Decisions of the court are appealable up to the Supreme Court. Generic drugs includi ng those manufactured under 
compulsory licensing are le gitimized by the Industrial 
Property Act, 2001 and the laws must be read together.   
The fight against counterfeiting has a profound impact on 
the economy, not to mention th e health and safety of the 
plant, animal and human life. The AC Act as it is worded protects generic medicines within the confines of the TRIPs agreement and Industrial Property Act, 2001 and does not in any way infringe or in any way threaten to infringe 
trade in generic drugs or on the right of access to the 
affordable health care of the populace. 
 
Japan ANNEX 2: KENYA 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(3) Measures Affecting 
Production and Trade (v) Intellectual property rights (IPRs) Page A2-215, 
paragraph 189 According to the report, the joint raids by Microsoft and the 
Kenya Copyright Board which targeted unlicensed software were implemented successfully.    
For appropriate protection of IPR, does the Government of 
Kenya plan to take similar actions against IPR infringement continuously, in cooperation with private companies?  
The raids undertaken on behalf and jointly with Microsoft 
were based on complaints made. Under the Kenyan law, 
IPRs are private rights and as such State or State Agents cannot undertake raids without a complaint being laid. We have since the report first prepared subsequently assisted other International and loca l Software firms and remain 
ready to plan and execute sim ilar raids with other private 
firms.  
 Yes. The Anti-Counterfeit Agency (ACA) is an enforcement agency in the area of Intellectual Property WT/TPR/M/271/Add.1 
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Rights. The law is structured such that the Agency acts on 
complaints filed by IPR owners. The Agency conducts investigations, does raids and seizures and prosecutes 
cases. At every step of the way the private companies are 
closely involved, from providing intelligence, to giving expert evidence in court.   The Agency is developing an online IP registration and recordation system that will allow private companies to 
subscribe for a fee to continuous surveillance at both the 
points of entry and in the market as well. The Agency also works closely with its sister government institutions involved in IPR enforcement such as the Kenya Copyright Board to conduct raids/seizures on suspected counterfeit 
goods. In most cases, private companies are involved.  
Korea III. Trade Policies and 
Practices Measure  Page A2-216 (paragraph 193) 
 Pirated and counterfeited produc ts in Kenya are mostly 
imported.  They include pharmaceuticals, textile products, cosmetics, electrical and electronic goods, and computer programs.  
Could Kenya state what measures have been or will be taken to 
crack down on the importation of pirated and counterfeited products? 
 
Kenya is taking the following measures to combat importation of pirated and counterfeited products: 
 
1. Enforcement:  
i. The government has enacted the Anti-Counterfeit 
Act No. 13 of 2008 which provides for criminal enforcement of Intellectual Property Rights. The 
Act has also created a specialized enforcement 
agency – the Anti-Counterfeit Agency, which has powers of search seizure, arrest and prosecution. 
ii. The Agency works closely wi th its partners such as 
the Commissioner of Customs to detect and stop suspected goods from ent ering the country; with 
Kenya Bureau of Standards to ensure pre-shipment 
inspections at the point of origin are done to stop any counterfeits from being shipped into Kenya.  
iii. In the event goods enter into the country, Anti-
Counterfeit Agency inspectors conduct market 
surveillance and targeted raids of business premises 
and warehouses and if goods are found to be counterfeit, they take the necessary action.  
iv. In addition, the owner/ agent/ importer are profiled 
and blacklisted so that any future imports are subjected by KEBS and KRA to full inspection and 
verification at the point of entry. The Anti- WT/TPR/M/271/Add.1 
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Counterfeit Agency inspectors also have powers to 
prosecute cases. 
 
2. Public outreach:  
Enforcement agencies including the Anti-Counterfeit 
Agency carry out sensitization of the public about the 
dangers of counterfeit goods to safety, health and the 
economy at large via the media (print and electronic), public forums, world events such as the World Anti-Counterfeit Day, trade shows/exhibitions, among others. This is done to inform the public about the dangers of counterfeit goods and reduce the demand 
for counterfeit goods. 
 
3. Research and Intelligence 
The Anti-Counterfeit Agency undertakes research on 
the extent of counterfeiting and compiles statistics to 
inform the policy direction and strategic planning at 
the Agency. With respect to  enforcement, the Agency 
also recognizes that counterfeiting is also organized crime and therefore gathers and analyses information about the people involved in the manufacture, 
importation and distribution of counterfeit goods with 
a view to targeting and disrupting their networks. 
 
4. Bi-lateral Initiatives 
The Kenya government is starting to engage with 
countries where majority of the counterfeit goods are 
being manufactured and trying to enlist their help in 
the fight against counterfeiting. It is envisaged that formal frameworks will be established to enable information sharing and mutual assistance. 
 
IV. Trade Policies by Sector 
 
Page A2-246 (paragraph 362)  In addition, the new legislation provides for development, 
regulation management, and mark eting of sustainable tourism 
in Kenya.  It provides for incentive schemes for imported 
capital goods for investment in sustainable tourism activities.  Could Kenya elaborate on the incentive schemes for imported capital goods for investment in sustainable tourism activities? 
 
Tourism Act No. 28 of 2011 provides for incentives both 
customs and excise waivers in respect of imported capital 
goods for investment in sustainable tourism activities and services, and tax rebates to tourism activities and services that promote sustainable tourism and environmental 
conservation (Section 106).  
 Specific current fiscal incentives include; 
i. The Government, upon application, exempts WT/TPR/M/271/Add.1 
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import duty and VAT on the following items and 
equipment for hotel construction and refurbishment: washing machines, kitchen ware, 
cookers, fridges and freezers, air conditioning 
systems, cutlery, televisions, carpets, furniture and linen and curtains. All other items and equipment required by hoteliers are only VAT exempt upon application for construction and refurbishment. 
 
ii. Exemption from VAT - Materials and Equipment 
for use in the construction or refurbishment of Tourist Hotels. All materials and equipment, excluding vehicles and goods for regular repair and maintenance, the purchase or importation of which 
is approved by the Treasury, for use in the 
construction or refurbishment of tourist hotels, subject to the production of such evidence as the Commissioner may require as to the quantity, quality and type of good required from the project. 
 
Government Report III. Sector Specific 
Performance  Page 30 (paragraph 21)  To achieve the above objectives, the Government has put in 
place an enabling environment for private sector participation 
through significant liberalization of the ICT sector; creating a conducive policy, legal and re gulatory frameworks that 
encourages investment, effective competition and innovation; investing in the E-Government initiatives such as Government Common Core Network (GCCN);  
 
Could Kenya provide more information on the investment opportunities in the E-Government initiatives? 
 
The Information and Communication Technology (ICT) 
sector plays a crucial role in the socio-economic 
development of the Country. The Government has recognized the importance of ICT as a powerful tool in accelerating productivity of  all sectors and empowering 
people to meet the challenges of the 21st Century. To optimize the sector's contribution to the development of the 
entire economy, the Government is currently offering 
investment opportunities to the private sector.   The Government is digitizing most of its services to improve service delivery. The Government is therefore 
looking forward to partner with the private sector under a 
Private Public Partnership (PPP) arrangement to roll out E-Government services. Major areas include motor vehicle 
registration, pension services, judiciary case management, land registration and many others.  
Kenya also provides investment opportunities in the ICT  WT/TPR/M/271/Add.1 
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Sector under the PPP arrangement in the following areas:  
 
i. Building of a National Data Centre and a Disaster  Recovery Centre; ii. Construction of Multimedia Technology Parks  (MTPs) and Industrial Parks; 
iii. Deploying of Digital Broadcast Network; 
iv. Software and Hardware Development; v. Development of the Business Process Outsourcing ( BPO) Parks;  vi. Construction of the Konza Technology City; and vii. Development of International Teleport (Exchange 
 Point) in Mombasa- Co-location Facility.  
V. Investment Regime 
 Page 34 (paragraph 39)  Investment programmes on expansion and maintenance of road 
infrastructure, the railway line, energy and investment in capital–intensive sectors like mining and exploration will continue to be priority areas under the Vision 2030.  
Could Kenya elaborate on the investment programs above? 
 
The Vision 2030 calls for Kenya by 2030 to be a 'Globally 
competitive and prosperous nation with a high quality of life'. The Vision is our window of opportunity to achieve 
transformation in Kenya.  
Infrastructure investments require enormous financial resources that cannot be adequately met from public sector finance. The government is therefore seeking private capital support for investment  in the areas identified 
below:   
i. Development of a Duty Free Port/Special Economic 
Zone at Dongo Kundu 
ii. Development of Cruise Ship Facilities 
iii. Development of Airport Infrastructure and 
Services 
iv. Development of a Dry dock Port and a Car Bazaar 
v. Construction of a Second Port at Lamu and a New 
Transport Corridor 
vi. Development of a New Transport Corridor i.e. 
Lamu Port Southern Sudan Ethiopia Transport 
Corridor (LAPSSET) 
vii. Development and construction of Malindi Jetty 
viii. Proposed Ngomeni Jetty and Sea Wall 
ix. Construction of the standard gauge railway line 
from Mombasa to Malaba 
x. Nairobi Metropolitan Mass Transport Programme 
xi. Modern Commuter Rail S ervice for Nairobi City 
  In Energy:  
 An Energy Access Scale-up Programme  to connect a WT/TPR/M/271/Add.1 
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million households with electricity within the first MTP 
period (2008-2012).   
 A major project to connect Kenya to the Southern 
Africa power pool through Tanzania will be 
implemented. Other regional connections include 
Kenya -Ethiopia interconnector and Kenya - Uganda electricity transmission line. 
 The current toping oil refinery which is operating at 40% 
of its design capacity due to its inability to compete with imported refined petroleum pr oducts is being modernised 
to process four (4) million tonnes, thus fully utilising its 
design capacity. This modernisation project which will 
provide an operational flexibility in terms of processing a wide cocktail of crude oils at least cost is expected to be completed by 2015. The balance of products will continue 
to be imported until a new refinery is set up at Isiolo.  
Major focus will be on generation of electricity from renewable sources including geothermal, wind, solar and reduce dependency on hydro generated electricity. Kenya is also endowed with a wide range of minerals resources, some of which are already being   explored and 
exploited by private companies. Currently, the Minerals 
sector, excluding quarrying for construction materials, contributes only about 1% to the GDP which is rather low compared to the available potential. This implies that a good percentage of the country's mineral resource is yet to be explored and exploited. 
 
 Putting in place appropriate policy and legislation 
supportive of investments in the industry and particularly small scale investors  
 Undertake an n accurate and detailed geological 
mapping of the country to provide information that may lead to the discovery of natural minerals of 
commercial value.  
 Intensification of the exploration for minerals and 
crude oil will be intensified. The private sector will be encouraged to participate in both small and large scale mining industry and to develop the geo-tourism sites as part of the tourism circuit within 
the country.\ 
 Small scale miners will be targeted for increased 
investments. 
 Operationalization of a national policy on mineral 
resources and mining; 
Other Questions  Peace and security in an EAC member country can affect the 
economies and trade of other member countries of the region, especially when their economies and trade is supported by the infrastructure of the particular country.  For example, the  WT/TPR/M/271/Add.1 
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landlocked countries, such as Rwanda, Burundi and Uganda, 
depend on Kenyan infrastructure links as major import and 
export routes.  
 With 2013 Kenyan Presidential election coming up, is there general discussion on the role and dynamics of the EAC in the 
course of the election campaign?   
 
With 2013 Kenyan Presidential election coming up, is there 
general discussion on the role and dynamics of the EAC in the course of the election campaign?   
The EAC is always involved during the elections in all 
Partner States through the elections observations. The EAC has Election Observation Regulations. The necessary logistics to enable the EAC Election Observation team participate in the electoral process are underway, including 
provisions of budgetary resources.   
Will the Kenyan general elections affect the EAC in areas such 
as its trade policies?  If so, in what regard?  
The general elections will not affect any trade policies 
which have been put in place before or after the elections. 
Once a policy has been passed, the Government of the day 
is obliged to implement fully. 
 
Turkey ANNEX II: KENYA 
Trade and Investment Regimes, paragraph 51, page 190 
 It is stated in the Secretariat Report that: "Foreign investors 
are required to have an amount of at least US$500,000, or the 
equivalent in any transactable currency.  In practice, foreign investors with US$100,000 are also welcomed."  
 
Could the Government of Kenya clarify the required minimum amount of More information is needed with regard to minimum amount of investment for foreign investors. Is it US$ 500,000 or US$100,000? Is the Kenyan Government planning to abolish this require ment since this requirement can 
prevent small and medium sized enterprises from investing in 
Kenya?  
KenInvest will issue Investment  Certificates to investors 
whose projects have a value of US$100,000 or more for 
international investors and Kshs.1,000,000 (US$12,000) for 
domestic investors.   The question of whether there are plans to abolish – Kenya is currently reviewing the Kenya Investment Promotion Act and the thresholds will also be considered. However, in 
doing this due consideration made to EAC as we also have 
similar investment thresholds applied in the other EAC WT/TPR/M/271/Add.1 
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partner states and efforts have been initiated towards 
harmonization of the same. 
 
Trade and Investment 
Regimes, paragraph 51, 
page 190 
 It is stated in the Secretariat Report that: "Investments are only 
allowed if they are beneficial to Kenya." 
 
The term "beneficial" is rath er ambiguous. In this context; 
what are the criteria for deci ding whether an investment 
beneficial or not? Please provide detailed information.  
 
In determining whether an investment and the activity 
related to the investment are beneficial to Kenya, 
consideration is made to the extent to which the investment or activity will contribute to the conditions specified below: a. creation of employment for Kenyans; 
b. acquisition of new skills or technology for Kenyans; 
c. contribution to tax revenues or other Government 
revenues; 
d. a transfer of tchno1ogy to Kenya; 
e. an increase in foreign exchan ge, either through exports 
or import substitution; 
f. utilization of domestic raw materials, supplies and 
services; 
g. adoption of value addition in the processing of local, 
natural and agricultural resources; 
h. utilization, promotion, development and 
implementation of information and communication 
technology; 
 
United 
States REPORT FOR 
KENYA, ANNEX 2 (WT/TPR/S/271/KEN)  II. TRADE AND 
INVESTMENT 
REGIMES (3)
 TRADE 
AGREEMENTS  
 Page A2-190, 
paragraph 48, 
Table AII.1: We note that Kenya has yet to submit a subsidies notification 
to the WTO, pursuant to Article 25 of the SCM Agreement. To the extent that Kenya maintains programs that meet the requirements pursuant to Article 25 of the SCM Agreement, when does Kenya intend to submit a full notification of its 
subsidies programs? 
 
Kenya's subsidies programs are based on the Article 27 of 
the SCM Agreement, annex 7 countries. Kenya has enacted a bill on Special economic zones(November 2012) which will transform the current export processing zones 
programs into Special economic zones programs  and will 
soon be   notify the WTO  the full range of program under this scheme. 
 
III. TRADE POLICIES 
AND PRACTICES BY MEASURE 
(1) Measures Directly 
Affecting Imports (i) Registration and Please confirm whether Kenya mandates the use of pre-
shipment inspection activities, as defined by the Agreement on Pre-shipment Inspection, for imports into Kenya.  If so, when 
does Kenya plan to notify the WTO Secretariat regarding its 
laws and regulations relating to  pre-shipment inspection?   
  WT/TPR/M/271/Add.1 
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pre-shipment 
inspection 
Page A2-193, paragraph 61 With effect from 29th September 2005, KEBS (Kenyan 
Bureau of Standards) implemented the "Pre-Export 
Verification of Conformity (PVoC) to Standards Programme". This is a conformity assessment and verification procedure applied to specific goods / products at the respective exporting countries, to ensure their 
compliance with the applicable Kenyan Technical 
Regulations and Mandatory Standards or approved equivalents. The primary objective of applying Pre- Export Verification of Conformity (PVoC) program is to ensure quality of products, health and safety, and environmental protection for Kenyans. 
 
Kenya notified its regulation relating to reshipment inspection vide notification number G/TBT/N/KEN 14. 
 
(vii) Prohibitions, 
controls and licensing  
Page A2-197, 
paragraph 88 It appears that Kenya's last notifications of its import licensing 
regime were in 2003.    
When does Kenya plan to submit its notifications of its import 
licensing procedures to the Import Licensing Committee in light of the WTO Agreement on Import Licensing Procedures?  
Kenya will submit her Import Licensing Procedures to the 
Import Licensing Committee of WTO in accordance with 
WTO Agreement early next year (2013). It should, however, be noted that Kenya has removed  most of the import prohibitions, controls and minimized the import licensing procedures. The only existing prohibitions and controls on imports are generally for purpose of 
preservation of health, public security and environment. 
Import licensing in the country is substantially liberalized. 
 
(viii) Contingency 
measures  Page A2-197, in 
paragraph 91 The Secretariat report states that Kenya is developing a new 
trade remedy regime and that draft legislation is under consideration.    
Please provide an update as to where Kenya is in the 
consideration process and when it anticipates notifying its legislation to the appropriate WTO Committees. 
Kenya has finalised the preparation of the remedies bill 
2012, which has been forwarded the Cabinet and 
Parliament for approval before notifying the WTO early 
next year, 2013.  
 
 
(2) MEASURES 
DIRECTLY AFFECTING 
EXPORTS  
(iv) Export subsidies According to the Secretariat report, Kenya's Export Processing 
Zones provides exemptions from taxes and duties on imports for use in eligible business ac tivities in the zone. The main 
eligible activities are export-oriented manufacturing and WT/TPR/M/271/Add.1 
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and incentives 
 Page A2-204, 
paragraph 130-131: processing, export-oriented commercial activities, and export 
services.   
Are there any non-export-oriente d activities eligible for the 
benefits provided under the Export Processing Zone? If so, please explain.  
There are no non export oriented activities eligible for 
benefits provided under the EPZ programme. 
 
Page A2-205, 
paragraph 133 The Secretariat notes that EPZs in Kenya are being 
transformed into special economic zones (SEZs), which will 
widen the scope of incentives to various eligible activities. Please explain what the major differences are between the eligibility criteria for a company to operate in an SEZ versus an EPZ. Please also describe the main differences in incentives 
provided under EPZs and SEZs. 
 
The major differences between the eligibilities criteria for 
companies which will be operating in the SEZs verses companies operating under the EPZ is that SEZ will 
provide a wide scope of eligible economic activities. Apart 
from manufacturing activities which shall include processing, assembly, mixing , fabrication and related 
activities including sub-contracting and power generating (under EPZ industrial zone enterprises), the SEZ program will include the following activities: 
1. Services activities 
2. Commercial activities 
3. Special economic zone development 
 
Schemes under the SEZ will include  
1. Export processing zones 
2. Free trade zones 
3. Free port zones 
4. Industrial parks 
5. ICT parks 
6. Regional head quarter zones 
7. Science and technology parks 
8. Tourist and recreational centers 
9. Township SEZs 
10. SMEs parks and business incubations 
 
The SEZ program will provide general and specific 
incentives for a range of activities operating in a variety of the above SEZ schemes. In addition to the fiscal and procedural incentives provided by the EPZ program the SEZ program's incentive framework will include: 
 
 Access to land whereby the government of Kenya and  WT/TPR/M/271/Add.1 
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the private sector will commit land for development of 
SEZs 
 World class onsite and offsite infrastructure including 
customized facilities for en terprises operating therein. 
The government and private sector will facilitate the development of offsite infr astructure to support the 
SEZs in a particular area based on assessed feasibility 
of the proposed SEZ project. 
 Market access, whereby goods produced in the SEZs 
will be eligible for certificate of origin provided they meet the rules of origin criteria. SEZ companies will have liberal access to the domestic and preferential markets provided market access conditions (including 
payments of applicable taxes duties and levies) are met 
and that such access shall not significantly harm domestic industries.  
 
(vi) Export promotion 
and marketing assistance Page A2-205, 
paragraph 135 In addition to coordinatin g and harmonizing export 
development programs in Kenya, does the Export Promotion Council administer or provide any financial benefits for exporting firms? If so, please describe the benefits. 
 
The Export Promotion Council does not administer or 
provide any financial benefits for exporting firms. 
 
(3) MEASURES 
AFFECTING 
PRODUCTION AND 
TRADE  
(v) Intellectual property rights (IPRs)  Page A2-215, 
paragraph 185 The Report states that "the Government or any public library 
(only not-for-profit documentation centres), and scientific institutions may, in order to serve the public interest, order the 
reproduction of a copyright work."   
 Please provide more information on this exception, including how many copies can be reproduced and the circumstances under which the Government or public library may order the 
reproduction?  Does the exception apply to the reproduction of 
works by both foreign and domestic authors?    
This exception is intended to be applied only in rare 
circumstances i.e. where there are no viable copies at the library for reference purposes. The provision as drafted 
was intended to cover absolute minimum number of copies 
for its use or preservation purposes in situations where copies are not available in the local market or in other markets despite efforts to obtain them for any reason including being out of print.  
 
The provision applies to work s of both local and foreign 
authors. 
 
Page A2-215, 
paragraph 191 The Report states that "in the case of imports of counterfeit 
goods, the right-owner may apply to the Commissioner of WT/TPR/M/271/Add.1 
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Customs, who may decide to seize or detain the goods."   
 Is there any fee attached to such an application? 
 
Yes, the applicant is required to fill form ACA 10 and pay 
a fee of Kshs 10,000 (approximately US$120). 
 
Page A2-216, 
paragraph 193 The Report states that "Pirated and counterfeited products in 
Kenya are mostly imported.  They include pharmaceuticals, textile products, cosmetics, el ectrical and electronic goods, and 
computer programs."   
 
Do customs officials have ex officio authority?   
Yes, Section 22 (3) of the Anti-Counterfeit Act 2008 (AC 
Act) designates customs officials as inspectors for the 
purpose of enforcing the Act. Section 33 (4) of the Act 
empowers an inspector "to take any appropriate steps on his own initiative in relation to any act or conduct believed or suspected to be an act of dealing in counterfeit goods", provided the provisions of the Act are complied with. 
 
What is the procedure when a right holder files a complaint 
with customs? 
 
The procedure is set out in section 34(1) of the AC Act. The 
owner fills Form ACA 10 indicating the name of the IPR owner, contact details, description of suspected counterfeit goods, destination, particulars of the consignment, means 
of transport, identity of 
importer/exporter/holder/distributor/or manufacturer, description of genuine goods and submit samples of genuine products.  
The Commissioner is required to deal with the matter 
within three working days and take action if satisfied that the goods claimed to be protected are prima facie protected goods, IPR subsists, and the applicant is the owner of IPR. The Commissioner shall notify the applicant in writing whether or not the application has been granted. If 
granted, the Commissioner shall take appropriate action as 
per the East African Community Customs Management Act, 2005 subject to subsections (6) and (7) of AC Act. If not granted, the Commissioner shall give reasons. In the event of wrongful seizure, removal or detention of goods 
alleged to be counterfeit goods, the owner of the goods is 
entitled to claim compensation for damage or loss against the applicant. The compensati on shall only be paid where 
the application for seizure and detention was false or negligent or made in bad faith.  WT/TPR/M/271/Add.1 
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Do protected computer software rights include both business 
software and entertainment computer software (videogames)?   
 
Section 2 of the Copyright Act of Kenya defines a 'Literary 
work' to include a computer program.  There is definition of the term 'computer program' under the Act does not 
distinguish between business or entertainment related 
software or computer programs. Videogames and animated series are considered audiovisual works.  
 
 
RWANDA 
WTO 
Member 
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report Questions and Rwanda's responses 
Australia (III) Trade Policies and 
Practices 
(3.5) Sanitary and 
Phytosanitary (SPS) Measures Page 55, paragraphs 54 and 55 
 Notes Rwanda's efforts to develop a written policy on 
SPS and efforts to harmonize with the EAC through the 
SPS Protocol.  
Does Rwanda have a timeline on when it will finalise a common regulatory platform and when it might adopt the EAC SPS Protocol?  There is a national regulatory Committee composed of MINAGRI, MINISANTE and MINICOM (For plant health, animal health and Human health departments).  The draft EAC SPS Protocol is being finalized and 
is expected to be approved by the EAC Council of 
Ministers by the end of 2012. Once approved, the Protocol will be ratified by the Partner States. Once ratified, the measures in the Protocol will be implemented at the national level. 
 
WT-TPR-S-271 RWA 
Rwanda – Annex 3 
(IV) Trade Policies by Sector (4) Services (IV) Energy 
paragraph 365 
 Australia noted that the Rwanda Tourism Policy 
identifies ways to further develop Rwanda's tourism 
sector.  Does the government have plans to take these forward?  
The Tourism Policy is being implemented by 
addressing the following: 
 Product development and diversification – 
Developing a range of quality tourism products and services, capable of attracting and meeting the needs of international, regional and domestic visitors.  
 Marketing and awareness – Projecting a clear, 
distinctive, image of Rwanda as a wildlife, eco-
tourism, cultural and conference destination 
that is attractive to a high-value market. WT/TPR/M/271/Add.1 
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 Capacity building – Developing systematic, high 
quality training, to create a skilled workforce in value jobs at every level of the tourism and hospitality industry.  
 Communities and MSMEs – Providing support 
to MSMEs, ensuring that they have the capabilities and capacities to enter the tourism value chain, while also ensuring that communities contribute to and benefit from the tourism industry. 
 Access to Rwanda as a destination – Ensuring 
that international tourists have minimal hassle 
in their journey to Rwanda in terms of air and land access, as well as in Visa and other requirements. 
 Framework of regulation – Establishing and 
maintaining regulation that enables the tourism industry to develop in a fast yet sustainable 
manner. 
 Infrastructure development – Prioritising the 
provision of infrastructure within the DMAs and their associated corridors. 
 Land – Enabling tourism investments through 
ensuring the availability and security of land tenure for development. 
 Environmental sustainability – Ensuring that 
the tourism sector is planned and developed to the benefit of future generations of Rwandans, in terms of the sustainability of resource use, the protection of wildlife and the environment. 
 
Investment and financing – Developing incentives 
and a financial architecture that supports investment in the tourism industry. 
 
Canada Annex 3, Rwanda, 
Section II:  Trade and Investment Regimes: 
(4) Investment Regime: 
paragraphs 44 & 46, page 287 In paragraph 44, it states:  "Land is owned by the State, 
but both foreign and local investors may acquire land through lease-hold agreements of up to 99 years.", 
however, in paragraph 46, it discusses the payment of 
property taxes (including for land).    
Could Rwanda please clarify if foreign investors are 
able to buy land in Rwanda?   
Definitely, there is no discrimination on acquiring 
land in Rwanda, foreigners as Rwandans can buy and own it.    WT/TPR/M/271/Add.1 
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Annex 3, 
Rwanda, Section II: Trade 
and Investment Regimes: (4) Investment Regime: paragraph 44, page 287  With respect to the US$25 0,000 minimum investment 
requirement for foreign investors, could Rwanda please 
clarify if there is a different threshold for domestic investors to qualify for tax and other incentives and if so, the value of that threshold?    
Similarly, could Rwanda please clarify that foreign 
investments under US$250,000 are still allowed, but that they are not eligible for incentives?  
The US$250.000 is set for Foreign investors while 
the set threshold is US$100,000 or local investors 
and COMESA citizens. 
 Yes, all investments under that threshold are allowed but are not eligible on incentives. 
 
European 
Union WT/TPR/S 271/RWA/ 
(Annex 3)  
 
I- Economic environment  (4) Investment performance Page 281, paragraph 25 and page 289, paragraph 56 and 
page 332, paragraph 303  
 "Although the increase in FDI reflects partly economies 
of scale in the EAC member states, its low level in 
Rwanda also reflects its still-high business costs. 
Despite improvements in business environment, local and foreign private investments remain low because of inter alia high transportation costs and poor IT performance. In addition, there have been complaints 
that the rapid regulatory changes were made out 
without sufficient consultation."   The EU notes that a useful summary of investors' concerns can be found in a recently concluded UNCTAD FDI study ("A study on foreign investors' 
perceptions of Rwanda, Ge neva, October 2012"). The 
UNCTAD FDI study mentions:  
· Lack of/unclear decision-making (for 
59% of respondents this was an issue) 
· Tax processes, tax enforcement (55%) 
· Understanding of business process 
(48%) 
· Land availability and allocation 
process (45%) 
· Skills in mid-low ranks of labour force 
(45%) 
· Enforcement, interpretation of laws 
(41%) 
· High cost of doing business (41%) 
 The EU understands from the above that investors 
perceive that there is, among other issues, insufficient 
information available on land availability and allocation process.   WT/TPR/M/271/Add.1 
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The EU is interested to know what measures, if any, the 
government intends to take to remedy the situation?  
The GoR is committed to continue improving the 
investment climate and continue to deliver an ambitious business reform agenda.   The Ministry of trade commissioned the FDI study conducted by UNCTAD and findings were 
presented to the PSWG- including the development 
partners in October 2012. The FDI study acknowledges that the country's vision and policies are on track for investors. Further consultations will take place with the private sector. 
 
The PSWG agreed with the findings of the study and they will be submitted to Cabinet for approval. Some of the recommended actions include:   •Better coordination among government institutions 
•Use the newly launched PPD platform to listen to 
investors •Better aftercare services including advocacy and investor complaints handling •Business intelligence 
•Improved FDI statistics and contact monitoring  
III Trade policies and 
practices by measures (2) Measures directly affecting imports (i) Registration, custom 
procedures and valuation 
Page 292, paragraph 71 states "However, despite improvements, cross-border 
trade still encounters difficulties due to poor infrastructure, weighbridges, and lengthy bureaucratic procedures."  The EU also notes that according to World Bank "Doing Business Data" the costs are the 
most important issue - it costs 50% more to import a 
container to Kigali than to Kampala. Time wise a container takes fewer days to arrive in Kigali.    
The EU is keen to know what measures are considered 
to reduce red tape and whet her bilateral agreements to 
reduce NTBs with Uganda and Tanzania are 
considered more effective ways as a first step to improve business climate? 
 
Bilateral agreements are a new approach that seeks 
to compliment regional efforts to eliminate NTBs 
and improve business climate. Joint technical committees have been set up and working together to evaluate progress and report challenges encountered. This approach seems to be effective and as a matter of fact, 7 NTBs between Rwanda 
and Uganda have been resolved since the bilateral  WT/TPR/M/271/Add.1 
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meeting held in January 2012 between the two 
countries. Similarly Rwanda and Tanzania signed a 
bilateral MoU for the elimination of NTBs. 
 
III (4) Measures affecting 
production and trade (iv) State trading enterprises, state ownership 
and privatization 
Page 309, paragraph 170 It reads "it seems that since the previous Review of 
Rwanda in 2004, tea factories have been privatized, as well as the Rwandatel".   The EU is interested to know the exact situation in the tea sector and which tea factories are privatized including the exact status of the ownership of Rwandatel. 
 
Tea factories: The current situation is that all 11 
factories have been privatized and other 5 new factories that are under construction are 100% private.  Status of the ownership of Rwandatel: In 2005, the 
Government of Rwanda under its privatization programme sold its 99% shares in Rwandatel to Terracom sarl. In accordance with the Government's Telecommunications framework entailed, in vision 
2020, it entered into negotiations with the 
shareholders of Rwandatel and mutually reached an agreement for the re-possessi on of the said shares 
and at same time purchase 100% shares of Terracom. The Government bought 80% of the shares and the remaining 20% were sold to Social 
Security Fund of Rwanda (SSFR). 
 In 2007 Privatisation Secretariat handed over government shares of Rwandatel to LapGreen. This Libyan firm won a bid to take over 80 percent 
shares in Rwandatel. 
 On April 2011 due to non-compliance with its license obligations related to investment plan, coverage, Roll out Plan and Quality of Services 
Rwanda Utilities Regulatory Agency revoked 
Rwandatel's telephone license. The Commercial Court of Nyarugenge declared Rwandatel to be insolvent and nominated the administrator in August 2012. The ruling spelled out the specific roles and responsibilities of the 
administrator, which included total management of 
all the company's assets and accounts.  The court also gave him powers to supervise Rwandatel's day-to-day business and oversee the WT/TPR/M/271/Add.1 
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expenditure and payments of its debts, taking of 
loans and giving of company assets as guarantees for loans, on behalf of the company. The 
administrator will also provide periodical reports 
when asked to the commercial court of Nyarugenge. 
 
IV- Trade policies by 
sectors  (3) Mining and energy  
Page 325, paragraph 264 
and 265 regarding exports of minerals  The EU is under the impression that some figures are 
undervalued and do not reflect reality on the ground. It 
should be noted that the increase in cassiterite (+70% in volume, +130% in value) is striking.   Can the  Government of Rwanda please indicate how it 
sees the development of the minerals sector continuing to represent a high share of the country's exports (about 33%) in the perspective of the entering into force of the Dodd Franck Act provisions of conflict 
minerals (2012)?  
 
Rwanda will continue to improve traceability of all 
minerals to ensure that mi neral exports are conflict-
free as is currently the case.  
 
India Secretariat Report 
(WT/TPR/S/271) 
Page A3-340, paragraph 340   New Artel is granted subsidies from the UAF to 
provide universal access services. 
 Could Rwanda provide details of these subsidies, associated conditions and how they reach to the end users?  In the ICT sector, the GoR decided to promote and implement the concept of Universal Access through the UA Presidential Order 05/01 of 13/03/2004, which established the Universal Access Fund (UAF) with the objective of accelerating the use of ICTs in 
the country. The Regulatory board of RURA 
manages this UAF. The UAF provides finance for the extension of universal access and the spread and take-up of ICTs in designated areas of the country. It complements and integrates with the overall NICI policy framework for Rwanda.  
 
The principal objective of the fund is to facilitate the provision on affordable terms and with minimum subsidy, of the widest possible access to ICT service (Voice and Data) by the general public in all parts of 
the Republic. In accordance with Article 28 of Law 
No.  bn 44/2001, the Fund shall, without excluding other contributions, be financed with contributions made by Public Operators, who shall pay an annual amount of money equivalent to 2% of their  WT/TPR/M/271/Add.1 
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Turnover. 
Universal Access fund focuses on Data penetration 
by connecting institutions in rural and remote areas. Where Fibre is not available, VSAT technology is used. The current trend is to switch from VSAT connectivity to Fibre Optic in area where Fibre is 
available. 
 In June 2012, all districts in rural areas, immigration services at borders, National Police, High schools, telecentres switched to fibre whereby out of 179 Sites subsidized by Universal Access, 
112 sites have already switched to Optic fibre. 
 Contribution of Universal Access Fund to achieve 
broadband penetration  
Universal access fund in collaboration with other 
institutions is implementing following projects: 
 Support ICT Literacy in rural area by 
providing support to E-ICT in establishing e-learning and e-service centres in rural as a means to providing access to affordable ICT services to rural communities which is in 
line with the leadership vision of 
transforming the country into a knowledge based society. 
 Affordable access to Internet services for 
wider penetration of ICT services in rural area for private and public institutions.  This is done by subsidising bandwidth 
acquisition to the rural communities where 
fibre is not yet operational. 
 Equal Access and Equal Opportunity to 
Information by providing ICT support to people with Disability. 
 Increase broadband penetration and usage 
in rural area by supporting Wireless 
Broadband Solution in rural area (support 
of last mile solution and extension of connectivity from Fibre backbone).  
How the fund reaches to the end users? 
The beneficiaries of this fund are telecentres, health systems, districts, Universities, Hotels, and other institutions serving in rural areas and on the community level.  Needs for universal access are identified and approved by the regulatory board thereafter tender offers are given to 
telecommunication operators to bid.  Currently the 
regulatory board has an MOU with New Artel to WT/TPR/M/271/Add.1 
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report Questions and Rwanda's responses 
implement the bandwidth Cost reduction and 
Increase Access. 
 
Page 40, paragraph 163 
 For Burundi and Rwanda, Tariff rates under EAC 
Common External Tariff (CET) exceed their WTO 
bound levels for several lines, as CET was decided 
prior to Burundi and Rwanda joining the EAC.  Could Rwanda and Burundi indicate the steps being taken by them to bring their tariffs in conformity with their WTO bound level and the proposed timeframe for 
the same? 
 
As Least Developed Landlocked countries with very 
high trading costs, membership of the EAC is vital to reducing Rwanda's trading costs and ensuring 
access to both regional and international markets. 
 Rwanda/Burundi joined the EAC Customs Union from 1
st July 2009 and they are implementing the 
CET.   
Rwanda intends to enter into consultations with 
other WTO Members in order to address this situation.  
 
Page A3-309, 
paragraph 166  The investment certificate issued by RDB is a 
prerequisite for benefitting from the incentives under Rwanda's Law relating to Investment and Export Promotion and Facilitation. One of the criteria used by 
RDB in evaluating investments is use of local raw 
material.    Could Rwanda provide details of the criteria used by the Rwanda Development Board (RDB) in evaluating 
investments when issuing an investment certificate? 
Could Rwanda elaborate how it is meeting obligations under the WTO Agreement on TRIMs and Agreement on Subsidies and Countervailing Measures, in view of the incentives contingent upon use of local raw material. 
 
Some of criteria for investment project evaluation 
 Level of investment (investment value for 
local investor is 100,000$ and 250,000$ for 
foreign investors) 
 Non trading activity 
 Creation of quality jobs 
 Transfer skills and technology 
 Use of local raw materials        
 Potential for export  WT/TPR/M/271/Add.1 
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 Potential to create backward and forward 
linkages 
 Innovation and creativity 
 
Rwanda is meeting WTO agreement on TRIMs and agreement on Subsidies and Countervailing 
Measures as the Rwanda Investment Code provides 
exemption facilitation on imported raw materials, so there is balance between the two as we understand local raw materials might not be sufficient. Again, Under EAC CET all raw material and capital goods are taxed at zero rates. 
 
Page A3-313, 
paragraph 191  Compulsory licences may be granted, for example, if a 
patent invention is insufficiently used.  Rwanda may kindly elucidate on the interpretation used in its laws regarding 'insufficiently used' with reference to whether importation is considered to be use. 
 
Article 47 of the Rwanda IP law states that : 
1. There is insufficient use where a patented 
invention is not available  in sufficient quantities or quality or reasonable prices in 
Rwanda , either through manufacture in 
Rwanda or through importation; 
2. If the patent owner is abusively exercising 
his/her exclusive or neglects to take measures to prevent his/her license from abusively exercising the licensed exclusive 
rights; 
 
If the invention claimed in a "subsequent patent" cannot be used in Rwanda without infringe a "previous patent". 
 
United 
States REPORT FOR RWANDA, 
ANNEX 3 
(WT/TPR/S/271/RWA)  II. TRADE AND INVESTMENT REGIMES 
(3)
 TRADE AGREEMENTS  
 Page A3-286, paragraph 41 The Secretariat report notes that a large number of 
Rwanda's notifications remain outstanding.   
 Please explain what steps Rwanda is taking to bring its WTO notifications up-to-date.  
Rwanda has appointed officers in charge of 
notification officer in the Ministry of Trade) and 
Enquiry points (on Animal Health, Plant Health – 
both from Ministry of Agriculture, food safety – 
Ministry of Health and TBT- from Rwanda Bureau 
of standards) that will be dedicated to fulfill WTO 
notification obligations. In July 2012 training was 
provided by WTO Expert aimed at improving the WT/TPR/M/271/Add.1 
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day to day running and operationalization of the 
National Enquiry Points (NEPs) and Notification 
Authority to effectively fulfill all the transparency 
provisions of WTO Agreements including 
outstanding notifications. 
  
The recent establishment of WTO Reference centre 
(Sept 2012) in the Ministry of Trade is an 
opportunity for Rwanda, as the centre will be used 
by Enquiry points to fulfill Rwanda's notification 
obligations. 
 
III. TRADE POLICIES 
AND PRACTICES BY MEASURE (2)
 MEASURES DIRECTLY 
AFFECTING IMPORTS  
(ii) Tariffs  Pages A3-294, paragraph 80 and A3-358, Table AIII.1 According to the Secretariat report, Rwanda's applied 
MFN tariff rates exceed their bound levels on 263 lines at the HS 8-digit level, of which 121 are textile products.    
 
What steps is Rwanda taking to bring its applied tariffs, 
including those on textile products, within the WTO bound levels?  Are all of Rwanda's tariffs in line with the EAC eight-digit HS CET?   
 
Rwanda intends to enter into consultations with 
other WTO Members in order to address this situation.  All Rwanda's tariffs are in line with the EAC eight-
digit HS CET 
 
(iv) Import prohibitions, restrictions, and licensing  Page A3-296, paragraphs 93-97 In paragraph 96, the Secretariat states, "Rwanda 
notified that it does not apply import licensing procedures and has no law or regulation relevant to the Agreement on Import Licensing Procedures.  However, import permission is re quired from relevant 
ministries/agencies for imports of certain products."  In 
paragraph 97, the Secretariat advises that, "The authorities state that there is no consolidated list of restricted items, but new laws restricting imports are circulated immediately to Customs to implement."    
Please clarify why Rwanda does not consider this 
import permission for certain products to be an import licensing procedure as defined by the WTO Agreement on Import Licensing Procedures?    Rwanda's prohibitions and restrictions are governed by the second and the third schedule of the EAC CMA, 2004. However, some products require approval from relevant mi nistries using domestic 
laws.  WT/TPR/M/271/Add.1 
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Does Rwanda plan to submit a revised notification of 
such procedures to the Im port Licensing Committee in 
light of the WTO Agreement on Import Licensing Procedures?  
Yes, Rwanda will submit a revised notification in 
light of the WTO Agreement on Import Licensing 
Procedures. 
 
Page A3-302, 
paragraph 133 The Secretariat notes that under Rwanda's Special 
Economic Zone (SEZ), all economic activities are allowed in the SEZ with a few exceptions.   
Please describe the procedure by which a company 
must apply to operate in a nd receive benefits under the 
SEZ. Is eligibility contingent upon whether a company exports its goods?   
Eligibility of operating in SEZ: 
Users allowed to co nduct business in Rwanda 
Special Economic Zones will be categorized depending on the purpose and nature, whether multi or usage of a special economic zone. Three  categories of users will be allowed to operate their 
activities in Rwanda SEZs as follows: 
• New investments (green fields),  • Expansions/reinv estments, and  
• Relocations (e.g.: companies relocating from  Gikondo Industrial Park to Kigali SEZ)     
Requirements to be satisfied by the applicant of a 
Zone user license 
 
The applicant of a Zone user license shall satisfy at least the following requirements: 
1. be an individual or legal entity with a business 
registration certificate issued in Rwanda; 2. engage in any economic activity eligible to be undertaken in the Zone. 
 
(3) MEASURES AFFECTING 
PRODUCTION AND TRADE  
(i) Incentives 
 Page A3-303-304, paragraph 142 According to the Secretariat, Rwanda provides 
incentives for investors of certain types of projects. 
When evaluating whether an investment qualifies for 
incentives, the government ta kes into consideration, 
inter alia , the project's "use of local raw materials" as 
well as its "potential for export."    As some of the benefits under the program appear to be 
contingent upon the use of domestic over imported 
goods, please explain how Rwanda views this program WT/TPR/M/271/Add.1 
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in light of Article 3.1(b) of the SCM Agreement. 
 
Yes, the potential of export revenues generation and 
use of available local raw materials is among other 
criteria of eligibility of a project. However there is no contingency as on the other hand the investment law provides exemption facilitation on imported raw materials, so there is balance between the two as we understand local raw materials might not be 
sufficient 
 CRITERIA FOR INVESTORS TO BENEFIT FROM PROPOSED SEZs INCENTIVES Although all the above mentioned categories of 
users may be allowed to conduct their activities in 
the Rwanda Special Economic Zones, only those fulfilling the following criteria will benefit from proposed SEZs fiscal incentives/regime: • Production for export: investors involved in  production/manufacturing and exporting at 
 least 60% of their total production (export 
 means taking or causing goods to be taken  out of the East African Community customs  territory) • Research and Development (R&D) 
 activities: investors involved in this category 
 of activities will benefit from the proposed  SEZ fiscal regime as well. Further expert  support is needed here in order to properly  define these activities and where necessary  have the owner of this type of activities 
 registering their intellectual properties with  
 the relevant authority.  • While investors will be physically located in  SEZs, there might be investors who can  fulfill the required criteria but due to the 
 nature of their business decide to locate their 
 investments/projects in other areas (not in  physical SEZ), due to reasons such as  pollution, proximity to source of raw  materials to avoid high transport costs. 
 These investors may apply for the SEZ 
 license and benefit from proposed SEZ fiscal  package.  • License: all investments in the SEZs will be  licensed. This SEZ license will be presented  to tax officials in order to benefit from 
 proposed fiscal SEZ packages for those 
 fulfilling the criteria. 
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(vi) Intellectual property 
rights 
 Page A3-313, paragraph 189 The Secretariat report states that Rwanda is currently 
preparing a "special related law" that will protect 
traditional knowledge and folklore.    By "special related law" does the government mean that the law will be sui generis ?  What is the status of this 
law in the legislature?   
 
The preparation of the "special related law" is still at its early stage and consultancy is still ongoing to determine the appropriate instrument for protection of traditional knowledge. 
 
Page A3-315, 
paragraph 204 The Secretariat report indicates that the use and 
management of copyrights, rights of performing artists, of phonogram producers and of broadcasting organizations are entrusted to one or more private companies for the collective management of copyrights and related rights.   
 
Can individual rights owners license the use of their works themselves as opposed to  through the collective 
management organization?    There is currently one collective management society- The Rwanda Society of Authors. It is a private company that comprises four associations, music, literature, cinema, visual art.  Yes, Individual Rights owners can still license and 
protect their works outside of the RSAU.  
Page A3-316, 
paragraph 208 The Report states that, since 2008, the Commercial 
Court branch of the High Court of Rwanda has jurisdiction over IP cases but that the court has yet to receive an IP case.    
Do foreign stakeholders have the right to initiate IP 
cases in Rwanda?  
Foreign stakeholders have the right to initiate IP 
cases in Rwanda. The Commercial Court has started handled 7 IP Cases so far including cases 
brought by foreign parties. 
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Australia (V) Sector Development 
(vi) Energy and Minerals 
Page 73, paragraph 74 
 Notes the goal of increasing current 
power generation from 1270MW to 
1788MW by 2015. 
What are Tanzania's plans to increase power  
Response: 
 
WT-TPR-S-271 TZA 
Tanzania – Annex 4 
(IV) Trade Policies by Sector 
(5) Services (IV) Transport  Could Tanzania please elaborate on the 
implementation of the ten-year Transport 
Sector Investment programme? 
 
Response: 
 
Canada Annex 4, Tanzania, Section IV Trade 
Policies by Sector: (2) Agriculture related activities; (II) Institutional and Policy 
Framework: paragra ph 204, page 438 
 Paragraph 204 explains that under the 
Kilimo Kwanza (Agriculture First) initiative the Government envisages 
increased interventions in food markets 
including price stabilization mechanisms.   Could Tanzania please provide more details on the types of price stabilization 
mechanisms envisaged and the specific 
products likely to be targeted? 
 
Tanzania strategies used in price stabilization include use of Warehouse receipt system whereby farmers are 
encouraged to collectively store their 
crops in approved warehouse. Crops that are stored in warehouses are used as collateral by commercial banks. The banks are willing to pre-finance crop 
buying to the tune of 70% of the 
expected selling price. With this level of pre-financing, farmers are able to wait for better prices. More important are the benefits that are brought about by the system: they include economies of 
scale, quality control, use of proper 
units of measurements and availability of crops statistics and revenue for the District Authorities. Crops that are already using the system include 
cashew, coffee, sunflower, paddy and 
to lesser extent maize.  Another approach that is being used in price stabilization is promotion of  WT/TPR/M/271/Add.1 
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contract farming. This is being 
implemented in cotton, sugar cane 
farmers, and vegetable producers.  
Annex 4, Tanzania, Section IV Trade Policies by Sector: (2) Agriculture related activities; (II) Institutional and Policy Framework: paragra ph 211, page 439 
 Paragraph 211 describes increasing 
Government attention and funding for agriculture research and extension services. Canada strongly supports this 
policy direction that can help to improve 
productivity and competitiveness in agriculture in a sustainable manner.   Could Tanzania please explain what steps 
the Government is taking to address the 
growing demand for extension services in the agriculture sector?  
The Government has increased pre-
service enrollment in its mid-
professional Agriculture colleges 
(MATI). Graduates from these colleges (certificate and diploma) are directly employed by the government through the Ministry of Agriculture Food 
Security and Cooperatives. Also in 
order to increase the number of extension officers the government subsidized private colleges so as to increase the number of enrolment under the government terms. 
 
Annex 4, Tanzania, Section IV Trade 
Policies by Sector: (2) Agriculture related activities; (II) Selected Products; (A) Crops: paragraph 216, page 440 Paragraph 216 refers to the heavy tax 
burden on agriculture production and exports.   Could Tanzania please describe in more detail what measures its Government is 
taking to address this issue? 
 
In general central Government does 
not impose tax on exports with exception to exportation of raw cashew 
nuts and hides and skins to promote 
local value addition to these products.  
China Government Report  
Page 62 (paragraph 13)  Five core priorities have been targeted 
under the plan's strategy to unleash Tanzania's latent growth potentials.  They include: Infrastructure, and in particular 
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infrastructures (port, railway, roads, air 
transport), water and sanitation and ICT.  
Could the Government of Tanzania 
kindly explain what kind of measures would be adopted to improve the transportation infrastructures?  
Response: 
 
Other questions The Chinese Government was informed 
that the clearance and services fees are 
too expensive for the casting tube products. The total cost per TEU exceeds 1500 US dollars, which greatly increase the cost for companies.  
 
Please indicate whether the Government of Tanzania plans to take measures to reduce the cost for clearances and related services? 
 
European Union WTO secretariat report S 271-5/TZA, 
Annex 4 
 II Trade and investment regime  (1) General framework Paragraph 43 page 399 
 "In case of inconsistency between 
national law and treaties/international 
agreements, the former prevails. The Constitution is the supreme law in Tanzania; it is followed by principal laws (which include domesticated international laws and conventions); and subsidiary 
laws/regulations.
2 " 
 
EU would like to know whether any cases 
of inconsistency between national law and EAC law have been reported and if 
so, how have they been resolved? 
 Any law is made for the purpose of implementing the maters of EAC Community. In case of any inconsistency between 
national law and EAC law, Article 8, 
paragraphs 4 and 5 have to come into play.   Paragraph 4 directs that in case of such 
conflicts, EAC laws shall prevail. 
Paragraph 4 provides: "Community organs, institutions and laws shall take 
                                                      
2 Information provided by Tanzanian authorities.  WT/TPR/M/271/Add.1 
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precedence over similar national ones 
on matters pertaining to the 
implementation of this Treaty." Paragraph 5 provides: "In pursuance of the provisions of paragraph 4 of this Article, the Partner States undertake 
to make the necessary legal 
instruments to confer precedence of Community Organs, institutions and laws over similar national ones.  NB: Article 8 paragraph 4 and 5 of the 
treaty for establishment of the East 
African Community" 
 
III Trade policies and practices by 
measures (1) Introduction, IPR legislation Paragraph 65, page 406 "Mainland Tanzania is currently 
developing an IPR policy and revising its IPRs laws in order to consolidate them and make them fully TRIPs compliant; 
the new law will cover all IPRs, including 
geographical indications, which are not currently regulated"  
Could Tanzania please give to the EU 
some indications as to the projected 
timeline for achieving the above mentioned goals? The EU would like to know if there is any estimation as to the timeframe for using EU technical assistance provided in this sector? 
 
Response: 
 
(2) Measures directly affecting imports 
(i) Registration, custom procedures, and customs valuation (vii) Standards and other technical 
requirements, standards  
Page 405, paragraph 63 and page 413, paragraph 101 -Standards and mutual recognition within EAC "Tanzanian standards generally follow 
international or regional norms.  By end 2011, Tanzania had 1,485 standards (510 compulsory and 975 voluntary).  
Since July 2009, Tanzania has made 
44 notifications of technical regulations to the WTO.  Tanzania's sanitary and phytosanitary (SPS) system did not undergo major changes during the review 
period.  Improving enforcement capacity, 
agency coordination, and information and notification mechanisms are some of the key challenges in the SPS area.  No SPS notifications have been made to the WTO." "According to the authorities, 
Tanzania has not entered into any mutual 
recognition agreements.  Nevertheless, in WT/TPR/M/271/Add.1 
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the context of the EAC, EAC members 
are required to recognize each other's certification marks, as provided by the 
EAC SQMT Act, 2006 (Common Report, 
Chapter III(1)(viii)).  An EAC regulation to enhance recognition of certification marks has been approved and is expected to enter into force sometime in 2012.  Effective recognition of national 
certification marks remains a major 
challenge for EAC integration."   
 
The EU would like to know what measures are under consideration to 
remove these obstacles to intra EAC 
Trade at national /regional level?  Regional level 
 The issues related to SPS in the 
region are expected to be sorted out once the EAC protocol on SPS is in 
place which is expected to be out by 
December, 2012. 
 
 Mutual recognition instruments for 
 EAC is being prepared and  regulations have been adopted by 
 the Council and referred to Sectoral 
 Council on Legal and  Judicial  Affairs for legal input following  which will come into force. The  regulations are expected to come 
 into force by the end of December, 
 2012.   
 National level 
 Dar es Salaam port has started 
 implementing  electronic single  window system that removes a 
 need for engaging multiple 
 institutions in checking the  standards. The same system is  expected to be implemented in  all borders starting with the 
 busiest ones. 
 
In order to ensure the trade flows 
without restriction across the borders, Tanzania is committed to eliminate  WT/TPR/M/271/Add.1 
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Non-Tariff Barriers. In that regard, 
Tanzania's Private sector has 
introduced SMS and Online NTBs Reporting and Monitoring Mechanism. This helps the National Monitoring Committee for NTBs to get the 
reported NTBs on time and work to 
remove them.  
 
Page 406, paragraph 68 and 
paragraphs 72, 73   "Tanzania conducted time release studies 
(TRS) in 2005 and 2009, which have served as a basis for monitoring customs clearance performance.  /…/ 
Implementation of a pilot programme is 
under way for authorized economic operators at the EAC level. In Tanzania there are 54 accredited AEO operators.  /…/ Clearance time for arrival of cargoes has improved however the cargo 
clearance time across land-border stations 
increased from 2 to 3 days…  
Can the Government explain the origin of 
the increased clearance time that seems 
to be the consequence of the AEO system 
implemented in Tanzania?  The slight increase in clearance time experienced at the border stations was a result of establishing Central Data 
Processing Office (CDPO) in 2011 
whereby all importation documents lodged are processed centrally to have in place uniform valuation and classification of imports.  Most of 
stakeholders had no adequate 
knowledge on the new document handling system introduced by TRA. However, the situation has now improved whereby the clearance time 
has gone down to ... days as per July – 
September, 2012 TRS quarter review. 
 
Page 415, paragraph 109 and 111 on 
plant health related issues and in Government report a nd page 67 page 41 
of Government report (G271) refers to the new and growing  importance of 
horticultural crops as leading exports 
 "Overlapping responsibilities, and 
insufficient coordination among the institutions involved in food safety control, increases red tape and transaction costs to traders.  This is compounded by 
lack of resources, and insufficient testing 
infrastructure and inspection staff, and WT/TPR/M/271/Add.1 
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may result in long delays at border posts. 
3"Due to these shortcomings, Tanzania 
has suffered some outbreaks of plant 
pests and diseases (including cassava 
green mite, large grain borer in maize, banana wilt disease, and a variety of fruit fly that infests citrus and mango-growing areas).  EU is interested to know if there are measures considered to reduce transaction costs and improve the situation for SPS issues and for plant health related issues in light of the 
success recorded for the fisheries sector? 
 - The Government of Tanzania through the Ministry of Industry and Trade has formed the National SPS Committee in 2009 for the purpose of 
improving coordination on SPS issues 
and smooth implementation of WTO SPS Agreement  - One-stop shops/one stop boarder 
posts has been established in public 
and private sector offices/Borders, Airports so that entrepreneurs, businessmen,  traders and other stakeholders can obtain information and trade related licenses and 
certificates in one place.  
 - Strengthened SPS enquiry point at Ministry of Agriculture, Food Security and Cooperation and SPS 
Coordination mechanisms at Ministry 
has IT through the STDF Fund.  
 
IV Trade policies by sectors 
(3) Selected products Page 446-447  c) Fisheries issues  
 The EU notes that the appropriate legal 
framework to control illegal activities on Lake Victoria exists in all the LVFO member states. The US$ 1.8 million 
campaign (code-named Operation Save 
Samaki) was implemented with the support of EU assistance. (The EU through the IFMP project offered €200,000 to match the US$600,000 
                                                      
3 World Bank (2012).  WT/TPR/M/271/Add.1 
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contribution from each LVFO member 
state). It was agreed that the EU funds 
would serve for carrying out awareness activities and the LVFO funds for carrying out control measures. The EU notes that the intended control measures 
could not take place. The EU is of the 
view that any future financial support should be used to carry out the appropriate control measures in collaboration with other public institutions (like the Police & Judiciary) 
the private sector (like fish processors 
and exports & co-management units).   
The EU is keen to know whether 
Tanzania considers any follow up on the 
basis of the above statement in 
cooperation with Lake Victoria fisheries organisations states?  
 
Response: 
 
India Secretariat Report (WT/TPR/S/271)  
Page A4-461, paragraph 304 
 A wide range of regulations pertaining to 
the telecommunication sector, such as 
interconnection rates, tariffs, competition, accounting separation, etc., have been passed since 2005.  Could Tanzania provide some details of 
various regulations pertaining to the 
telecom sector passed since 2006?  
Response: 
 
Secretariat Report (WT/TPR/S/271) 
Page A4-470, paragraph 342 
 Investment in tourism activities (e.g. 
hotels and lodges, conference and eco-
tourism, and tour operators and transport) 
is open to local and foreign investors, with a few exceptions, and several investment incentives are available. Could Tanzania provide some details of 
incentives available for investment in 
tourism activities? 
 
Incentives in Tourism Industry: The natural resources and tourism sector abides/comply with incentives 
provided by the TIC. 
(i) VAT exemption on ground WT/TPR/M/271/Add.1 
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 transport run by Tour 
 Operators. (ii) Facilitation in fast tracking in 
 obtaining other permits such as 
 Residence/Work Permits,  trading license etc. (iii) Fast tracking in obtaining 
 permit for uranium exploration  in Game Reserves. 
Page A4-448, paragraph 247  Tanzania provides a several incentives to 
mining companies within its territory.  
 
Could Tanzania provide details of the various incentive schemes available to mining companies and criteria for availing the same?  Procedure  TIC certificate holder  
Special incentives offered in mining 
 Import VAT Duty All Capital Goods   
0%  0% 
Spare-parts 0%  0% Explosives and other supplies  0%  0% 
Fuel and Oils    
0%  0%  Corporation Tax  30% Capital Allowance 50% on the first year of income 
In subsequent years:  
Class I: 37.5% of the balance per annum Class II: 25% of the balance per annum 
Class III: 12.5% of the balance 
per annum  Additional 15% Capital Allowance on un-redeemed qualifying capital expenditure as set out in the Mining 
Act No. 5 of 1998 for those who had  WT/TPR/M/271/Add.1 
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invested as of July 2001. 
 
Existing investors are allowed to defer payment of royalty or get the royalty refunded when cash flow is below zero.  
Royalty 3% except diamonds, which is 
5%.   No Tax, duty, fee or other fiscal impost on dividends.   No capital gains tax Indefinite carry over of losses against 
future profits 
After the first 5 years of commercial production the company will be charged 5% Duty and VAT. Yearly appreciation of un-recovered 
investment capital. 
 
United 
States REPORT FOR TANZANIA, ANNEX 4 
(WT/TPR/S/271/TZA) III. TRADE POLICIES AND PRACTICES BY MEASURE (2)
 MEASURES DIRECTLY AFFECTING 
IMPORTS  
Page A4-405, paragraph 63 and Table AII.1 The report indicates that that Tanzania 
has not submitted certain notifications to the WTO, including those under SPS and Article 25 of the SCM Agreement.    
Please explain what steps Tanzania is 
taking to bring these and other WTO notifications up-to-date. 
 
Tanzania is eager to comply with it transparency obligations through 
notification besides the challenges it 
faces among others is the low capacity in notification area, Tanzania has started to capacitate/train her officers in the 
enquiry points (TBT, SPS, Services, 
and TRIPs) and National Notification Authority through WTO Technical assistance activities.  It is Tanzania's expectation that in the near future it 
will be complying with her notifications 
obligations under WTO  
(i) Registration, customs procedures, and 
customs valuation   Page A4-406, paragraph 69 Please confirm whether Tanzania 
mandates the use of pre-shipment inspection activities, as defined by the Agreement on Pre-shipment Inspection, for imports other than used motor vehicles.    Pre shipment inspection for used motor WT/TPR/M/271/Add.1 
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vehicles was for quality requirement 
purposes.  The Pre-shipment inspection for taxes purposes was abolished in 
2004.  However Tanzania Bureau of 
Standards has introduced Pre export Verification of Conformity to Standards (PvoC) to ensure all goods imported into Tanzania conform to standards set by TBS.   
 
When does Tanzania plan to notify the WTO Secretariat regarding its laws and regulations relating to pre-shipment inspection?   
 
Tanzania is eager to comply with it 
transparency obligations through notification besides the challenges it faces among others is the low capacity in notification area, 
Tanzania has started to 
capacitate/train her officers in the enquiry points and National Notification Authority through WTO Technical assistance activities.  It is 
Tanzania's expectation that in the near 
future it will be complying with her notifications obligations under WTO.  
(v) Import prohibitions, restrictions, and licensing  
Page A4-410, paragraph 87  Tanzania has never submitted a 
notification to the WTO Agreement on Import Licensing Procedures.  The 
Secretariat Report states, "The 
importation of restricted products into Tanzania requires permits from the appropriate Government departments or institutions."    
In light of the WTO Agreement on 
Import Licensing Procedures, when will Tanzania make its notifications to the Import Licensing Committee in accordance with the Agreement?  
 
Tanzania is eager to comply with it 
transparency obligations through notification besides the challenges it faces among others is the low capacity in notification area, 
Tanzania has started to  WT/TPR/M/271/Add.1 
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capacitate/train her officers in the 
enquiry points and National 
Notification Authority through WTO Technical assistance activities.  It is Tanzania's expectation that in the near future it will be complying with her 
notifications obligations under WTO.  
(vi) Contingency trade remedies 
 Page A4-411, paragraphs 91 and 92 The Secretariat report discusses the 
establishment of the Anti-Dumping and Countervailing Measures Advisory Committee (ACMAC), to conduct anti-dumping and countervailing duty 
investigations.  The report then mentions 
that the ACMAC has not yet been established.    Can Tanzania provide a timeframe as to when the ACMAC is expected to be 
established or where any such 
consideration currently stands? 
 
Tanzania enacted the Anti-Dumping and Countervailing Measures Act in 
2004, to date the act is not in use due to 
some challenges and it under goes review. Therefore the ACMAC has not yet established till the end of the review process and approval by Cabinet and Parliament. However the operations of 
this Act will 
depend/align/harmonization with the EAC Anti-Dumping and Countervailing Measures Act which is underway. 
 
(vii) Standards, testing, and certification  
Page A4-417, paragraph 118 The report states, "Since 2005, Tanzania 
has prohibited the importation of poultry 
and poultry products to prevent the introduction of Highly Pathogenic Avian Influenza (HPAI)."     
What is the scientific justification for this 
prohibition?  How does Tanzania view such a restriction on livestock in light of international obligations and OIE policy?   
Response: 
 
(4) MEASURES AFFECTING PRODUCTION The Report states that the Republic of WT/TPR/M/271/Add.1 
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AND TRADE  
(v) Intellectual property rights  
Page A4-432, paragraph 177 Tanzania has signed the WIPO 
Performances and Phonograms Treaty and the WIPO Copyright Treaty.  
However, the WIPO website does not 
name Tanzania as members of either treaty.    Please provide further information regarding Tanzania's plans to deposit its 
instruments of ratification/accession and 
advise if the Treaties' provisions have been implemented into domestic legislation, and if not, when Tanzania plans to implement the Treaties' 
provisions. 
 
Response: 
 
Page A4-432, paragraph 178 The Re port indicates that Tanzania is 
currently developing an IPR policy and revising its laws in order to consolidate 
them and make them fully TRIPs 
compliant.   
- Will there be an opportunity to 
comment on the draft copyright law before it is enacted?    
Response: 
 
- Does Zanzibar have plans to 
revise its copyright law in the near future? 
 
Yes.  The Revolutionary Government 
of Zanzibar has prepared a draft revised law which is line with the requirements of WIPO to be taken to the House of Representatives of 
Zanzibar.  However, the draft 
copyright law has been submitted to the WIPO for making Integration of new development that has been reached in the field of copyright. 
 
Page A4-434, paragraph 188 The Re port states "The Tanzanian Fair 
Competition Commission has taken 
action to fight counterfeits:  it has apprehended importers  of fake products, 
and seized and destroyed counterfeit goods."     WT/TPR/M/271/Add.1 
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Can Tanzania provide details about these 
actions?  Do the Tanzanian authorities prosecute these cases?  Can foreign rights holders bring enforcement actions in Tanzanian courts?  
 
Tanzania Merchandise Marks Act, 
1963 (MMA) as amended in 2007, empowers the Chief Inspector of the MMA to conduct summary trials to persons proved to be selling, storing, 
importing or manufacturing 
counterfeit products. This implies that the offender can be dealt with administratively by the Chief Inspector or tried in the Court of Law. 
 
Counterfeit products, once proven, the 
offender is subjected to paying fine and the seized goods are destroyed at his/her own cost. Since its 
establishment, FCC has destroyed 
goods worth around TZS 3.8 billion.  
  Foreign rights holders can bring 
enforcement actions in Tanzanian Court through Police or FCC. However 
they have to prove to the relevant 
authorities that they have registered their Trademarks in Tanzania. In the same vein, they will become expert witnesses to a case.   
 
UGANDA 
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Australia (III) Sectoral Performance 
(2) Services 
Paragraph 25  Could Uganda please elaborate on its efforts to improve 
professional bodies to increase the potential for private 
sector self-regulation?  
Page 80, paragraph 25  Notes that Uganda is devel oping various regulations and 
laws to facilitate liberalisation in services.   Which sectors are being prioritized for the liberalisation 
of services? 
European Union WT/TPR/G/271 from 
page 77  
 "The Government has continued to embrace the policy of 
liberalisation which started in the 1990s.    
The EU is aware of the President's recent statement WT/TPR/M/271/Add.1 
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I Introduction 
 Page 77, paragraph 4 and 
document 
S/271/UGA/Annex 5 page 519, paragraph 111 on export taxes announcing a ban on Iron Ore exports (related article: 
http://www.newvision.co.ug/news/636281-museveni-
opens-sh130b-steel-plant.html).  
 
The EU would be pleased to know the rationale for this 
ban?  Uganda has attracted investors in the iron and steel industries which require iron ore as a raw material. 
As these industries increase production, their 
requirements for iron ore increase. The announcement was made in recognition of that particular requirement. However, no instrument banning the export of iron ore has been made and 
consultations are on-going to find the best way 
forward.  
Page 77, paragraph 5   "The government has continued to embrace the policy of 
liberalisation including using trade as a tool for wealth creation and income distribution"   
The EU fully supports this legitimate and valuable 
objective. However, the EU notes that trade financing in the overall budget represents far less than 1% of the national budget on an annual basis. The EU further notes that the development of trade policy to the Trade Ministry's budget is almost exclusively financed by EU 
and Swedish support. 
 
The EU would like to know whether the government 
intends to give more priority to trade in its budget allocations following the IMF recommendation 
mentioned in the document S 271/UGA/ (paragraph 16 
page 496 and 119 page 521) that call for further efforts 
to improve the tax base?   
 
Although the overall budget represents less than 1% 
of the national budget, Uganda has increased the 
budget allocated to Trade and Industry from 
shs16.98billion of which shs5.83b was financed by donors in 2011/12 to 28.47 billion in 2012/13, 10.27b financed by donors. In addition, 10.53billion was allocated to Uganda National Bureau of Standards in 
2011/12 and 2011/13 respectively while 12.74b was 
allocated to Uganda Industri al Research Institute for 
each financial year. The Government allocated 110m for the District Trade and Commercial Officers as additional support grants to selected districts. This amount is expected to increase as the financial 
situation of the country improves.  WT/TPR/M/271/Add.1 
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IV Uganda's trade policy 
 
Page 81, paragraph 29 - on 
the common market  The National Trade Policy is implemented along with the 
EAC Customs Union Protocol of 2004 and its annexes.  
The EAC moved to a higher level of integration on 1 July 
2010 when a Common market protocol was ratified.  The EU notes that the transition period for the full implementation of the common market is until 2015 .  
  
The EU wonders whether U ganda consider this roadmap 
considered realistic in view of EAC's experience on the implementation of the fully fledged customs union since 2010? 
WT/S 271/UGA (Annex 5) 
 
We believe that the roadmap that has been developed 
is achievable despite the experience we have had in implementing the Customs Union. The 2015 transitional period is in those sectors where 
commitments have been made, for example, the 
commitments under Annex 5 (Free movement of Services) of the Common Market Protocol. The Ministry of EAC is working with sector Ministries to ensure that the decisions taken are implemented. In 
addition, the EAC has developed a development 
Strategy 2011/16 which will guide Partner States in implementing measures and decisions that have been agreed on by the Summit. Mid- term reviews and evaluations will be done to guide different departments in implementing the different activities 
and obligations. The Government of Uganda with 
assistance from some donors have developed programs to support regional integration to promote maximum benefits from the process. For example Trademark EA, a DFID funded project is supporting 
government ministries and departments, including 
the private sector and civil society to participate more effectively in the EAC process and implement decisions accordingly.  
 
I- Economic environment 
(4) Outlook 
Page 503, paragraph 35 
and Government report G 271 P79 - paragraph 18 regarding petroleum deposits  The EU is aware that according to certain estimations, 
production may not start before 2016. For others, peak 
production is not likely to be reached for approximately 
ten years. Oxcarre Research Paper 90 estimated that oil revenues would only reach 5% of non-oil revenues by 2026.  
In light of the above, the EU would like to know what 
other measures the government is to take in order to 
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of the government's strategy for poverty reduction and 
MDG ?  
 The Government is committed to increasing the tax base especially through improvement of domestic resource mobilization and maintaining macro-economic stability and improving tax administration, which is expected to improve tax collection. The Government is supporting continuous structural 
reforms to improve revenue collection, roll out e-tax 
to reduce compliance tax and facilitate tax administration to reach informal sector players.  Improving domestic revenue collections will focus on 
expansion in the bases of taxation, reform of the 
structure of taxation and reorganisation of the institutions that administer taxes for improved tax collection such as URA, efficiency and compliancy. The NDP aim at increasing domestic revenue collection by 0.5% of GDP per year over the NDP 
period (2010/11 to 2014/15.) 
 The Government also aim at improving tax collection from other revenue sources such as Non Tax revenues (NTR) presently contributing 1% of Domestic 
revenues. 
Steps will also be taken to include a large subsistence and informal sector of the economy into taxable brackets. Through some programs such as border markets, the Government will gazette specific places of informal sector traders in urban areas and provide 
support to them as an incentive to encourage them to 
pay tax.  
Page 505, paragraphs 40 and 41 page 505 - institutional organisation of trade related issues. 
 
 The EU seizes the opportunity to call for the creation of a 
Sector Working Group (SWG) on Trade, Tourism and Industry to set an efficient mechanism to monitor Trade 
and Trade-related policies and strategies in these sectors. 
This SWG would be led by the Ministry of Trade with 
representation from the Ministry of Land, Ministry of Infrastructure, Ministry of Agriculture and other ministries as needed. The EU considers that the creation of a SWG on Trade, Tourism and Industry would not 
only assist the coordination of  Trade-related development 
programmes (to be funded by different Ministries), but also set an efficient mechanism to monitor Trade and Trade-related policies and strategies. This SWG would involve development Partners and the private sector.. This SWG which is foreseen under the EU technical 
assistance programme and would be a major contribution  WT/TPR/M/271/Add.1 
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to enhanced efficient policy making. 
 
The EU is keen to know what are the government's 
intentions regarding the creation of that group (SWG) and its operationalization?  
 
The Government of Uganda is committed towards implementing the Sector Working Group on Trade as it is contained in the National Trade Sector Implementation Plan. A study had been carried out in this regard and the recommendations on the best practices have been proposed. We anticipate that the 
SWG will be implemented in the next financial year. 
Meanwhile, the Ministry has been holding annual Trade sector reviews with the assistance of EPA-TAPSS, an EU funded project. These reviews bring together stakeholders and donors to debate and find 
solutions to key pertinent issues that affect trade.  
III Trade policies and 
practices by measures (3) Measures directly affecting exports (iv) Export subsidies and 
incentives 
 Page 520, paragraph 115, page 528, paragraph 154 and page 530, paragraph 162 and 
Government report G 271 
P78 - paragraph 13 - land reform and investment  "Uganda Investment Authority (UIA), /..../ has opened up 
industrial parks in several regions in the country … " Uganda has gazetted over 1,000 hectares of prime industrial land to be developed into fully serviced industrial estates and export processing zones. The 
Uganda Investment Authority holds the government 
interest in the proposed project.  A Free Zones Bill (2010) is still before Parliament."  To EU's knowledge, one park (Namanve, on Jinja Road) is opened and others are at an early stage of being set up. 
It seems that among many difficulties to create these 
parks, finding land for investment is a major issue for the Uganda Investment Authority but may also be an issue in the purely "agricultural sector" according to paragraph 154 of the WTO secretariat report (less than 
50% of total cultivable land is  used and the development 
strategy and investment plan of 2010-2015 recognises the fundamental importance of agriculture to Uganda's economy and development).  The EU would be interested to know what priority the government is attaching to land reform in this context?  The Government of Uganda has a draft Land policy (2011). This policy sets out--- Regarding land policy, they are sections in the Draft 
National Land Policy on land for investment, but also 
as you are aware the Draft Policy is before Cabinet for consideration. We presented it on 7th Nov 2012, and we shall be going back on 19th and 26th WT/TPR/M/271/Add.1 
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November to consider paragraph by paragraph. In 
other words we cannot talk of the proposals in the draft policy as the ones guiding investment in the 
country. 
 The National Land Use Policy is about optimal utilisation of land- its on land use.  There is also a presidential directive of not allocating 
more than 50 acres of land to investors apart from 
investors interested in Agriculture. These other investors e.g., factory, do not need more than 50 acres of land to put up a factory/industry.  
Then the Constitution Arc 237 (2) (c) Non citizens can 
acquire leases, Land Act Cap 227 Section 40 talks about how land can be acquired by non-citizens.  But also if an investor (both citizens and non-citizens) can approve ULC for land. ULC manages 
government land and arrangements can done to lease 
that land to the investors. 
 
III Trade policies and 
practices by measures (2) Measures directly affecting imports 
(vi) Standards and other 
technical requirements  Page 518, paragraph 102 - SPS strategy A draft national sanitary and phytosanitary policy is 
mentioned as being written in 2011. It aims at remedying several well identified weaknesses in the system. In the government report the strategy is mentioned as adopted. 
 
The EU is interested to know  the main aspects of the 
strategy and the implementing tools that are adopted to make it effective.  
 
The main policy interventions are: 
(i) Strengthening the legal and regulatory 
framework for SPS Measures; 
(ii) Support the private sector to meet the SPS 
requirements to produce safe and good quality products; 
(iii) Harmonized SPS measures to regional and 
international requirements; 
(iv) Promote awareness to SPS measures; 
(v) Develop and improve SPS management 
mechanisms along the value chains to 
make Uganda's products competitive in the 
regional and multilateral markets; 
(vi) Foster coordination and collaboration 
between and among SPS related institutions.  
The implementation strategy includes:  WT/TPR/M/271/Add.1 
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(i) Formulation of a participatory 
implementation strategy/plan with 
detailed budget implications and resource requirement for the implementation of the policy; 
(ii) The implementation plan will embrace 
performance measures and measurable 
indicators for evaluating achievements of the policy objectives to be used to gauge the overall progress towards effective and efficient management of SPS issues in Uganda. 
(iii) All stakeholders shall prioritise existing 
and additional efforts for SPS control on the basis of qualitative and quantitative assessment of costs, risks, benefits and opportunities. 
 
Paragraph 105 - "Products 
prohibited from 
importation into Uganda on SPS grounds include beef (due to mad cow disease)" 
 Can Uganda please explain how these trade restrictive 
measures imposed for mad cow disease (BSE) are in line 
with the respective standards of OIE?   
The EU recalls that the OIE standard includes clear 
recommendations for the import conditions of 
commodities coming from countries/zones/compartments 
affected by this disease.  The OIE standard (2012) clearly states the following: "Veterinary Authorities should not 
require any BSE related c onditions, regardless of the 
BSE risk status of the cattle population of the exporting 
country, zone or compartment for inter alia deboned 
skeletal muscle meat (excluding mechanically separated meat) from cattle which were not subjected to a stunning process prior to slaughter, with a device injecting 
compressed air or gas into the cranial cavity or to a pithing process, and which passed ante- and post-mortem 
inspections and which has been prepared in a manner to 
avoid contamination with tissues listed in Article 11.5.14." Consequently, according to EU's 
understanding, Uganda puts in place import restrictions on countries reporting BSE which are not in line with the 
OIE standard.  
 
Uganda's decision was based on precautionary 
principle for ensuring human and animal safety. However, Uganda takes note  of the EU concern and 
consultations with stakeholders and relevant agencies 
are on- going. (Uganda is also in the process of 
developing capacity so as to  carry out verification for 
effective notification to the OIE).  
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(4) Measures affecting 
production and trade (v) Competition policy and 
regulatory issues 
 Page 526, paragraph 145 - competition law  The EU is aware that a law on competition has been 
drafted but has not entered into force.   Could Uganda please provide the details of its  intentions 
in this respect?  
 
Uganda has drafted a Competition policy and bill, the 
draft Competition Bill is before the First Parliamentary Council, Ministry of Justice and 
Constitutional Affairs, for legal drafting after which it 
will be submitted to cabinet and thereafter, to the Parliament.  
 
IV Trade policies by sector 
 (ii) Agricultural policy  
Page 531, paragraph 170 - 
food security and SPS harmonisation within EAC   "Improving food security has been identified as one of 
the key priorities of the EAC agriculture and rural development policy. The absence of harmonised system 
of SPS measures among EAC members will have an 
impact on Uganda's expor ts and on domestic food 
safety".  
Does Uganda consider necessary a harmonised policy in 
this respect given the import ance of agriculture for the 
livelihood of many of the people living in EAC?  Uganda considers it necessary to harmonise the SPS within EAC since the EAC is now a common market. We also realise that the Common Market cannot be 
effective if we do not have harmonised SPS policies. 
The fact that Uganda is competitive in agricultural production, the issue of SPS is key to improving competitiveness of Uganda's export of food products within the region.  Discussions to this effect are on-
going in the EAC and a roadmap has been developed.  
Page 538-39, 
paragraphs 211, 212  
Fisheries issues 
 The EU notes that the appropriate legal framework to 
control illegal activities on Lake Victoria exists in all the LVFO member states. The US$1.8 million campaign (code-named Operation Save  Samaki) was implemented 
with the support of EU assistance. (The EU through the IFMP project offered €200,000 to match the US$600,000 
contribution from each LVFO member state). It was 
understood that the EU funds would serve for carrying out awareness activities and LVFO funds for carrying out control measures. The EU notes that the intended control measures did not take place. The EU is of the view that 
any future financial support should be used to carry out 
the appropriate control measures in collaboration with other public institutions (like the Police & Judiciary) the private sector (like fish processors and exports & co-management units).   WT/TPR/M/271/Add.1 
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The EU is keen to know whether Uganda considers any follow up on the basis of the above statement in cooperation with Lake Victoria fisheries organisations states and in particular with Tanzania? 
 
India Secretariat Report 
(WT/TPR/S/271) 
Page A5-558, 
paragraph 324  The law is silent on the issue of cabotage in the water 
transport subsector and there has been no foreign interest 
in carrying merchandise or people in Ugandan waters. 
 Could Uganda clarify its position with regard to allowing cabotage in the water transport subsector to foreign service providers? 
 
Page A5-509, paragraph 52; Table II.2 
 Ugandan Investment Incentives  
 
Could Uganda provide details of the criteria provided 
under the Investment Code for availing benefit under the different incentive schemes for foreign investors?  
United States REPORT FOR UGANDA, 
ANNEX 5 
(WT/TPR/S/271/UGA) 
 II. TRADE AND INVESTMENT REGIMES (3)
 TRADE AGREEMENTS  
 
Page A5-508, paragraph 50 The Secretariat report notes that Uganda has not made 
any notifications to the WTO since 2006, except for 
those under the TBT Agreement.  The United States 
commends Uganda's efforts in notifying TBT notifications to the WTO.    In light of the fact that Uganda has not submitted other types of WTO notifications since 2006, please explain 
what steps Uganda is taking to bring its WTO 
notifications up-to-date?   
Uganda does not have adequate capacity to make up-
to-date notifications. We have been successful in 
making notifications for TBT because of capacity 
building programs provided by WTO. In addition, we had shortage of staff in the multilateral division, however with the recent recruitment, the department will be able to work closely with the different ministry departments and agencies improve notifications of the 
different agreements. The WTO secretariat should 
also provide capacity building programs in this regard.  
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2)
 MEASURES DIRECTLY 
AFFECTING IMPORTS  
(iv) Import prohibitions, restrictions and licensing Uganda's latest notification to the Import Licensing 
Committee was in 2005, but th e Secretariat describes a 
number of apparent import licensing requirements.   
 
When will Uganda notify its requirements to the Import Licensing Committee in light of the WTO Agreement on Import Licensing Procedures? WT/TPR/M/271/Add.1 
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Page A5-514, 
paragraph 82   
Some of the new of the regulations were made after 
the last trade policy review. Uganda will make the 
notification of the new import licensing requirements 
by next year. 
 
(vi) Standards and other 
technical requirements  Page A5-518, paragraph 106 According to the Secretariat report, Uganda has adopted 
additional labelling requirements for used clothing.    Please explain the current labelling requirements for used clothing, as well as the labelling requirements for new 
clothing that is put on the market for sale in Uganda.    
 
Labelling requirements for used textile products: 
 Each bale and accompanying documents shall be 
properly marked with the following information  
(a) Bale number (b) Mass of bale in kilograms. (c) Type and quantity of articles. (d) Name and address of 
importer/supplier/distributor. 
(e) Country of origin. (f) Size category (whether fo r adults or for children). 
 Labelling and marking requirements for new textile products 
 
General  The labelling or marking indicating the fibre content of a textile or of a textile product shall be clearly visible and no part of this information shall be 
obscured. The trade name or trademark of an 
undertaking may immediately precede or immediately follow the indication of fibre content. Trade names, etc., need not be of the same size lettering as the generic name. The supplier shall be responsible for ensuring that the fabric or article is 
appropriately labelled or marked (see 6.3) and that 
the required information is easily accessible to the prospective purchaser when the product is offered or displayed for sale or is sold.  
Labels 
i. Where a label is to be permanently 
attached to an article, the appropriate fibre-content information shall be either woven into, or printed on, a label of suitable size and material such that the 
information is clearly legible. The label  WT/TPR/M/271/Add.1 
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material and the information on the label 
shall be capable of withstanding the 
appropriate cleaning treatment throughout the useful life of the article.  
 It is recommended that for quality control purposes 
the fibre content marking on a label should have a 
grey scale rating for change in colour of not less than 
4-5 after 5 cleaning treatments carried out in accordance with the care-labelling instructions for the article.  
ii. Where a label is to be permanently 
attached to an article of clothing in such a way that the label will be in direct contact with the wearer's body, the label shall be manufactured and attached so as 
to prevent discomfort through irritation 
to the skin (e.g. scratching) 
 Application of labels or marking The appropriate fibre-content information shall be 
labelled or marked in one (or more) of the following 
ways:  
a) Directly on the fabric, i.e. printed on the 
fabric or woven into the fabric along the selvedge at regular intervals, e.g. in the case of piece-goods;  
b) On a label securely attached to the article, e.g. 
a sewn-in label on a garment; 
c) On the packaging or on a label firmly 
attached to the packaging;  
d) In the form of a note on or contained in, the 
commercial documents accompanying the 
goods. e.g. the invoice, receipt, brochure, pamphlet, etc., relating to the specific article; 
e) In the case of products that are sold as a 
complete unit, e.g.- a skirt and top, only one label or indication of the fibre content is 
required, provided that the items comprising 
the complete unit consist of the same fibre content 
 
(4) MEASURES AFFECTING 
PRODUCTION AND TRADE  
(i) Incentives 
 
Page A5-521, paragraph 122 According to the Secretariat report, Uganda's National 
Science, Technology and Innovation Policy finances "cutting-edge scientific research and innovation of 
strategic national importance; acquisition of intellectual 
property rights by local innovators; and recognition of scientific excellence among local scientists."  
- What types of research and innovation are WT/TPR/M/271/Add.1 
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considered to be of strategic national importance 
for Uganda? 
- Please describe the spectrum of activities that 
have been funded under this program. 
  
(iii) Intellectual property rights Page A5-523, paragraph 134 Do Uganda's laws protect both registered and 
unregistered well-known marks?  
The Trademarks Act 2010 protects famous marks. 
However those protected must meet the test of famous 
marks i.e. CocaCola, Pepsi. It is also advisable for 
owners of marks to register them to reduce the ambiguity of determining whether one is a famous mark or not.  
 
Page A5-523, 
paragraphs 135 & 137 The report states that the Trademarks Act No. 12 of 2010 
"makes provision for penalties for offences…. 
imprisonment for two to five years and civil remedies."  
Also the report provides that "infringements of copyright or neighbouring rights are subject to a fine not exceeding 100 currency points or imprisonment not exceeding four years, or both."   
 
What are "currency points?"  Are civil remedies also available for infringements of copyrights or neighbouring rights?     
One Currency points is equivalent to Shs. 20,000. 
Civil remedies are available for infringement of 
copyrights and neighbouring rights Act 2006, and Trademarks Act 2010 
 
Page A5-523, 
paragraph 136 How are the Berne Convention protections provided to 
audiovisual works, and do audiovisual works have all the rights required by the Berne Convention?    The Berne Convention protection is provided to audiovisual works through the recognition of producers' and directors' rights  though not 
exhaustive.  
 
Page A5-523, 
paragraph 138 The report states "In the event of infringement, the patent 
holder may initiate proceedings in the High Court for 
damages, an injunction (including border measures), and other remedies."  Are border measures also available for other forms of IP, such as copyright and trademarks?   WT/TPR/M/271/Add.1 
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Under the EAC Customs Management Act, 
counterfeits are prohibited and will be impounded at 
the border by customs officials in case a court order has been issued.  
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  Consolidated written answers provided by Burundi as regard to questions 
submitted by WTO Members4 
 
N˚ From 
(Country/Region)Questions Response provided 
1 European Union 
(UE)  EU QUESTIONS ON BURUNDI 
TPR  
WTO Report. S 271/BDI (Annex 1) 
 I-Economic environment (1) main features of the economy  
 Page 57, paragraph 3 . 
 "In general these –coffee- sectors are in difficulty, as the presence of 
numerous intermediaries is inflating 
post-production prices to levels in excess of those found on the international market." In addition the Secretariat notes in its paragraph 258 page 113 regarding agriculture that 
several measures such as the high 
tariffs on imports of unprocessed coffee beans discourage further efforts to make coffee processing in Burundi more profitable. 
 
EU would like to know what are the 
measures that are under consideration, if any, by the government regarding the enhanced 
profitability of the coffee –
production sector given that coffee is one of the main sources of exports earnings? (paragraph 244)  
 
IV Measures affecting production 
and trade  
(v) Competition and price controls  Page 101, paragraph 203  
The EU notes the role of state owned entities/semi-public enterprises in a 
number of sectors including those that could be of interest to foreign investors (electricity, road, water, tea) and/or which may be partially opened While the Government of Burundi 
has agreed to fully liberalize the 
coffee sector and encourage associations of producers to directly sale to the international market, the reforms are still ongoing.  The government has put 
in place since November 2009, 
the Regulation Authority of coffee sector (ARFIC) to replace the old government structure (OCIBU- Burundian Office of 
Coffee) and now it proceeds on 
the sale of about 24 treatment stations of coffee in favor of private operators. For example, a Swiss company (WEBCOR) acquired 13 of these stations in 
2009.  
 The national competition authority does not yet exist in Burundi. However as regard to 
the provisions of the Competition 
law, under Article 2, paragraph 3, state-owned enterprises, or entities directly or indirectly controlled by the State are 
concerned. So, the provisions of 
the Competition Act apply to all sectors of the national economy, all the operations of production or marketing of products, services or intellectual property rights 
realized by individuals or public 
corporations, parastatals or private.  Some of the main issues covered 
by the law are prevention of anti-
competitive practices (big rigging, cartels, unlawful agreements between firms and abuse of dominance, mergers aimed at 
                                                      
4 This document comprises written answers and explana tions provided by the Republic of Burundi in 
response to specific questions formulat ed by the WTO Members to Burundi.    WT/TPR/M/271/Add.1 
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to investors in the future. The 
secretariat in its report indicates that 
abuse of dominance may be subject 
of exemptions in the competition law. 
 
The EU would be interested to know if State owned entities are covered 
by the new competition law dated 
2010? And if so, what are the main issues covered (bid rigging, cartels?) and would abuse of dominance be covered?  monopolization, restrictive 
practices, concerted practices, and 
unfair competition) and merger 
control and aid State (subsidies).  It should be noted that the competition law tolerates, 
notwithstanding some abuse of 
dominant position, particularly where certain practices may have "purpose or effect" the improvement of production, cost, quality, etc. 
 
2 The United States 
of America PART I: Questions on THE 
REPORT for BURUNDI, ANNEX 1 (WT/TPR/S/271/BDI) II.  TRADE AND INVESTMENT REGIMES (2) Trade Agreements and 
Arrangements 
 
Page A1-73, paragraph 49: The 
Secretariat report notes that Burundi has encountered difficulties as far as 
notifications to the WTO are 
concerned.   
Please explain what steps Burundi is 
taking to bring its WTO notifications up-to-date.   
 
III. TRADE POLICIES AND PRACTICES BY MEASURE (1) Introduction  
 Page A1-78, paragraph 69 :  The 
Secretariat report notes that "…5% of Burundi's tariff headings do not correspond to the EAC's eight digit 
Harmonized System (HS) CET.  The 
CET rates are relatively higher than the former (national) tariff and the applied rate is above the bound rate for certain products." Further, page 
A1-84, paragraph 101  notes that 
"for 362 lines the applied rates are 
higher than the bound rates."  A list of those HS codes for which the applied tariff appears to accede the In August 2012, the Government 
of Burundi requested a technical assistance from the WTO in order to bring its WTO notifications up-to-date.  From 15 to 18 October 2012, a national 
workshop was organized with the 
support of the Institute of Training and Technical Cooperation (ITTC) of the WTO. During this workshop, the 
necessary skills and procedures 
have been provided to participants so as the next steps for the Government will be to update its notifications at the WTO in cooperation with all the 
ministries/ departments involved 
in trade policy formulation and implementation in Burundi.  The national authority in charge of notification will also be updated 
soon and notified to the WTO. 
Definitively, notifications regarding all new adopted laws and regulations will be sent to the appropriate committee/ Division 
at the WTO by the first semester 
2013.  
 As a Least Developed and Landlocked Country, Burundi intends to initiate consultations 
with its mains WTO trading 
partners, with facilitation from the EAC Secretariat, in order to bring all its applied and bound rates into WT/TPR/M/271/Add.1 
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Burundi's bound rates appears in 
Table AIII.I, beginning on page A1-157.  
 
What steps is Burundi taking to 
bring all of its applied rates into conformity with its WTO tariff bindings? Does Burundi have plans to bring all of its tariff headings in line with the EAC eight-digit HS 
CET?    
 (2) Measures Directly Affecting Imports (ii) Customs procedures and 
customs valuation 
 
Page A1-81, paragraph 92:   The 
Secretariat report states: "The time required for foreign trade transactions is still longer in Burundi than in most 
other EAC countries. The World 
Bank's Doing Business 2012  report 
indicates that, in 2011, 60 days were required to import goods and 35 to export them."   
 
How does Burundi plan to address 
the extended time length of foreign trade transactions?  (iii) Import prohibitions, 
quantitative restrictions, and 
licensing  
Page A1-87, paragraph 126:   The 
Secretariat's Report states that 
Burundi now only requires import 
licenses for statistical purposes.  It appears that Burundi's last notifications of its import licensing regime were in 2001.   When does Burundi plan to submit its notifications to the Import Licensing Committee in light of the WTO Agreement on Import Licensing Procedures?  
Please also confirm that Burundi 
does not maintain any non-automatic import license conformity with the WTO 
obligations. The objective of such consultations will be to amend to bound rates notified to the WTO 
in 1995.   
 Regarding the EAC eight-digit HS of the CET, please note that the Custom Authority is working toward harmonization of the 5% 
non-corresponding tariff headings  
by December 2012, and Burundi's tariff headings are expected to be fully corresponding to the eight digit HS CET by January 2013.   
  
Since the Doing Business 2011  
Report , some progresses have 
been achieved in Burundi. The 2013 Report  indicates that it's 
required now 32 days to export 
and 46 days to import. The 
Government has established a single stop office for business creation and plan to do the same for foreign transactions (imports 
and exports) so as to reduce the 
number of documents required and also the time and costs.   Following the technical assistance provided by the ITTC of the 
WTO in October 2012 on the 
notifications, Burundi plan to bring all its notifications (including on import licensing procedures) up-to-date by the first 
semester of 2013.  
 Yes, Burundi confirms that it's no longer maintains non-automatic import license requirements. 
 
Yes, there are additional types of incentives for exporters. The Export Promotion Fund  managed by the Agency for Investment Promotion (API) provides 
premiums to companies on the 
basis of a cost-sharing mechanism to support the following activities:  WT/TPR/M/271/Add.1 
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requirements. 
 
(3) Measures Directly Affecting Exports (iii) Subsidies and export duty and tax concessions 
 
Page A-91, paragraph 153:  
According to the Secretariat report, 
Burundi's Export Promotion Law abolished all export taxes and allows a preferential tax rate for companies on profits earned from the export of 
"non-traditional products." 
 
Does the Export Promotional Law 
provide additional types of incentives to exporters of non-
traditional products? If so, please 
describe the types of incentives provided, as well as the eligibility criteria.  
 
(v) Export promotion, financing and guarantees  
Page A-92, paragraph 161:  The 
Secretariat states that as part of Burundi's export promotion and 
financing activities, the National 
Economic Development Bank (BNDE) provides long-term loans, notably to the agricultural sector.   What are the eligibility requirements for companies to receive financing from BNDE? 
 
(3) Measures Affecting Production 
and Trade 
(vi) Intellectual Property 
 Page A1-101 & 102, paragraphs 
209-210:   The Report indicates that 
Burundi has been a member of the 
World Intellectual Property 
Organization (WIPO) since 1977. The report also notes that Burundi is revising its Copyright Law and the Industrial Property Law, and that 
"enactment of the new [Copyright] Business Development: structure 
and function of the export 
strategy,  
implementation plan export,  training on export marketing; product adaptation: matching products to target markets,  
Certification and labelling of 
products,  production of promotional materials,  finding business partners,  Improved export environment: 
cross-financing of activities to 
improve the environment for exports. Regarding the eligibility criteria, please note that all these 
incentives are provided on a 
national treatment principle. In addition, there are some basic eligibility criteria such as be lawfully and properly established 
in Burundi (RC and NIF), be in 
good standing with taxes: Tax Certificate of non accountability; and be in good standing with the social law.  
The main conditions for accessing 
to funding from BNDE are as follows: - Propose an investment project with  technical and financial 
feasibility study,  
-  have sufficient technical capacity in the field of action requested, - have a good capacity management, 
- The existence of a sufficient 
market to ensure a good level of sales and profitability of the project, - Have an intake of at least 30% 
of the investment cost.  
For project expansion, the Bank assistance can represent all of the necessary investment cost.   
The Copyright Law was already WT/TPR/M/271/Add.1 
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law is scheduled to go hand in hand 
with Burundi's accession to the Berne Convention."   Will Burundi provide an opportunity for comment on the draft Copyright Law before it is enacted?   
Page A1-102, paragraph 211:  The 
Report mentions that Burundi plans 
to add an "annex on the regulation of 
translation and reproduction licenses" to its copyright law, so that it provides "[c]ompulsory licences … for the purposes of translation into 
and reproduction in Kirundi ."  
 
When will such compulsory licenses be permitted and under what terms?  Will Burundi avail itself of the provisions of Berne Appendix 
Article II and Article III? 
 revised and enacted in 2005 
(replacing the 1978 law). Similarly, the Industrial Property Law was updated and enacted in 
2009 (replacing the 1964 law). 
Consequently, neither law is under review at present. 
 
The Copyright Law  does make reference to the regulation of 
translation and reproduction 
licenses in Articles 32 and 33, these two Articles were supposed to refer to conditions stated in the annex of the law. However, the 
provisions of this annex are not 
yet quite clear since the annex is on a draft version and the final version has not been adopted.  More clarifications on this 
question will be provided after the 
meeting of the TPR Body. 
3 Australia REPORT BY THE EAST 
AFRICAN COMMUNITY MEMBERS (WT/TPR/G/271).  Burundi 
 
(III) Burundi's Trade Policy Objectives (3) Sectoral Trade Policies (f) Mining and Energy 
Page 23, paragraph 97 States that 
there has been wide-ranging reform of the legal and regulatory framework governing the mining sector.   
What specific measures has Burundi 
undertaken in this reform process to 
develop a sectoral policy to improve management of the country's mining resources?  
Has Burundi drawn on best 
practices from other countries and if so which ones?  Has Burundi looked to harmonize its regulatory framework with that of 
other EAC members? The Government is in the process 
of adopting a new Mining Code in replacement of the 1976 Mining and Petroleum Code (decree-Law No. 1/138 of 17
th July 1976). The 
new Code has been greatly 
simplified (e.g. three conventional instruments of the old Code are reduced to a single operating mining agreement that serves as 
the specification [Article L. 45], 
all other permits and approvals are unilateral acts of the mining administration.  Permits formerly granted by Presidential Decree, will now be granted by order of 
the Minister of Mines after 
deliberation by the Council of Ministers in order to simplify and accelerate procedures for granting. Great clarification was 
also made in regards to the 
provisions relating to relations between owners of permits and national landlords, in this regard, a procedure was established to give effect to the rights of the 
owner and the payment of  WT/TPR/M/271/Add.1 
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Does Burundi intend to join the 
Extractive Industries Transparency 
Initiative?  
 REPORT BY THE SECRETARIAT WT/TPR/S/271 
17 October 2012  
 WT- TPR-S-271 BDI Burundi – Annex I (II) Financial Services  (a) Insurance 
Paragraph 366 
 
Could Burundi please elaborate on the approval process required for Burundians to access foreign insurance services? 
 compensation for 
eviction.  
 
The reforms include also granting tax reduction, guarantees against legislative changes and International Arbitration. It is also 
expected to establish the very 
important automatic right to the inventor to obtain the title of exploitation [Article L. 47]. For the same reason, have been established the principle of 
compensation of the owner in 
case of termination of his title [Article L. 27 § 2] or safety mining to facilitate the financing of mining activities 
[Articles L. 57 et seq.] 
 Yes, mainly the practices from central and East African States.  
Yes, Burundi plans to harmonize 
its regulatory framework at the EAC level, i.e. with EAC Partner States. This is part of the government plan of deepening regional integration at the EAC 
level.  
 Yes Burundi intends to join The Extractive Industries Transparency Initiative (EITI) 
because the Government shares 
the objectives of this Initiative to promote governance by strengthening transparency in the extractive industries. Revenues from the extractive industries 
should be an important source of 
economic growth and social development in Burundi and the Government will seek a technical assistance from the African 
Development Bank. In fact AfDB 
provide technical and financial assistance to countries which have embarked upon the EITI process but which lack the human, 
financial and institutional capacity WT/TPR/M/271/Add.1 
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for its implementation. 
 Insurance activities are governed by the Insurance Law adopted in 
August 2002 and there are 
regulated by a specialized body (the Insurance Regulation and Control Agency), under the Ministry of Finance.  The aim of the 2002 Law was to initiate the 
liberalization of insurance 
services.  So, there are no special conditions imposed on foreigners wishing to access Burundian insurance services.  Access for 
Burundians to foreign insurance 
services is subject to the approval of the Minister responsible for insurance.   
4 Canada Report by the Secretariat 
(WT/TPR/S/271) 
 
Summary, paragraph 8, Page viii  
Since the last Review of the EAC, the 
CET average rate has decreased from 12.9% to 12.7%. Three tariff bands (zero, 10%, and 25%) apply to the 
large majority of imports; higher 
rates, ranging from 35% to 100%, and alternate duties apply to 58 tariff lines of "sensitive" items. As a consequence, for some lines, applied 
alternate tariffs may exceed bound ad 
valorem rates.  Bindings cover 21.6% of all Burundi's tariff lines, 15% of Kenya's, 100% of Rwanda's, 13.5% of Tanzania's, and 15.9% of Uganda's.  In the cases of Burundi 
and Rwanda, CET ad valorem rates 
on certain products are higher than bound levels .   
 
What plans do the EAC members 
have for harmonizing their CET 
with their WTO Commitments?   Section II. Trade and Investment Regimes  
2) The EAC in practice,  The EAC Partner States whose 
bound rates are lower than the 
CET rates (Rwanda and Burundi) 
intend to enter into consultations with other WTO Members in order to address this situation. As a Least Developed Landlocked country with very high trading 
costs, membership of the EAC is 
vital to reducing Burundi's trading costs and ensuring access to both regional and international markets.  Rwanda/Burundi joined 
the EAC Customs Union from 1
st 
July 2009 and they are implementing the CET.  So, Burundi intends to enter into consultations with other WTO Members in order to address this 
situation. 
 
There was no transitional period 
for reduction of internal tariff for Rwanda and Burundi when they 
commenced implementing the 
Customs union in 2009. However a variable geometry approach was adopted in 2007 when the two countries joined the EAC whereby they were allowed two 
years in order to undertake the  WT/TPR/M/271/Add.1 
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Paragraphs 35 & 36, page 7. 
The programme for gradual elimination of internal tariffs, 
adopted in 2005, was completed in January 2010.  EAC members had adopted an asymmetrical tariff reduction approach with a transitional 
period of five years, in order to 
account for the differences in the size and structure of their economies.  All of Kenya's imports from Tanzania and Uganda attracted zero tariffs, while exports from Kenya to 
Tanzania and Uganda were 
categorized into two lists.  Category A goods benefited from duty-free status within the community, while category B products (880 importable 
goods from Kenya to Tanzania and 
443 from Kenya to Uganda) were subject to duties until 2010.  There are no longer any internal tariffs on intra-EAC trade. Burundi and 
Rwanda started implementing the 
provisions of the Customs Union from July 2009.  Tariffs on trade between Kenya and Burundi and between Kenya and Rwanda had already been eliminated under the 
Common Market for Eastern and 
Southern Africa (COMESA).  
Are Burundi and Rwanda also 
implementing the tariff reduction 
with a transitional period of five 
years, which means that the gradual elimination would be completed by 2014?  necessary adjustments in 
readiness for implementing the 
customs union instruments in July 
2009. One of the reasons why the two countries did not enter into a tariff reduction programme is because they were already 
participating in free trade area 
under COMESA with Kenya and amongst each other. They were also participating in a preferential trade with Uganda under COMESA. It was only Tanzania 
where they did not have any trade 
arrangements.   
5 India Questions based on the Secretariat 
Report (WT/TPR/S/271) 
 
Page A1-131, paragraph 347 
 
Background 
Service providing companies are 
subject to several taxes and various 
controls. 
Burundi is requested to provide 
details of taxes and controls imposed on service providing companies. Burundi applies general taxes and 
specific taxes depending on the 
sector. Burundi's main sources of 
tax revenue come from taxes on goods and services (47 %), on income, profits and capital gains (29 %), and on foreign trade and international transactions (19 %). 
As far as direct taxation is 
concerned, there are two main taxes:  the tax on earned income (35 % of the profit) and WT/TPR/M/271/Add.1 
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Page A1-146, paragraph 417 
 
Background 
The Government intervenes in the subsector by providing tax incentives, 
granted under the Investment Code (with priority for tourism) or under the Free-Zone Law, with enterprises that provide tour operator services being eligible for free enterprise 
status. 
 
Could Burundi specify whether 
various incentives mentioned in this paragraph are available to the 
domestic services suppliers only or 
they are also available to foreign service suppliers?  Page 40, paragraph 163 
 
Background 
For Burundi and Rwanda, Tariff rates 
under EAC Common External Tariff (CET) exceed their WTO bound levels for several lines, as CET was 
decided prior to Burundi and Rwanda 
joining the EAC.  
Could Rwanda and Burundi 
indicate the steps being taken by them to bring their tariffs in 
conformity with their WTO bound 
level and the proposed timeframe for the same?   the occupational tax on 
remuneration, paid by wage-earners according to a scale that has remained unchanged since 
2005.  This tax is deducted at 
source and paid by enterprises on the fifteenth of each following month. In addition, the value added tax (VAT) of 18% was introduced on 1 July 2009 to 
replace the transactions tax (TT).  
The VAT rate applied is payable on the selling price for all domestic goods and services, and on their customs value (c.i.f.) at 
the place where they 
are consumed for imports, plus all other entry duties and taxes and, where applicable, excise duty.  VAT applies on a national treatment basis to all products, 
whether local or imported. The 
tax legislation is being revised with a view to making important changes in terms of clarifying and streamlining so as to converge 
with the EAC regime, update the 
legislation and apply good international practices. The new tax legislation was expected to be finalized in 2012 and includes a revision of rates (streamlined 
scales and lower rates - 
particularly for businesses, for which the rate should fall from 35 to 30 %); fewer exemptions; elimination of the 1 % turnover 
tax (minimum rate), paid even by 
enterprises with a long-term deficit (a maximum of two years); and revision of income tax. The various incentives mentioned 
in the new investment Code are 
available both for national and Foreign Service suppliers on a national treatment basis.   As a Least Developed Landlocked 
country with very high trading 
costs, membership of the EAC is vital to reducing Burundi's trading  WT/TPR/M/271/Add.1 
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costs and ensuring access to both 
regional and international 
markets.  Rwanda/Burundi joined 
the EAC Customs Union from 1st 
July 2009 and they are implementing the CET.  So, Burundi intends to enter into 
consultations with other WTO 
Members in order to address this situation.   
6 Turkey REPORT BY THE EAST 
AFRICAN COMMUNITY III . BURUNDI'S TRADE 
POLICY OBJECTIVES, 
paragraph 110, page 25 
In the Government Report it is 
mentioned that "Within the EAC, 
Burundi has since October 2008 been 
negotiating an SADC-COMESA-EAC 
Tripartite Agreement for the 
establishment of a free trade area between these three regional communities" . 
Could the delegation of Burundi 
kindly provide us with the up-to-date 
information as to the stage of negotiations?  III. ANNEX I: BURUNDI 
IV. Trade And Investment 
Regimes, paragraph 54, page 74 As stated in the Secretariat Report, 
"Since 1 January 2009, a new 
Investment Code has been in effect in Burundi. This Code defines the 
overall framework and the 
guarantees given to investors in Burundi."   
 
V. Trade Policies And 
Practices By Sector, paragraphs 296-297, page 120 
The Secretariat Report states, 
"Burundi has an important and 
varied mining potential, mainly 
involving nickel and its associated minerals, namely, copper, cobalt and the elements of the platinum group, The Tripartite FTA Road Map 
consists of activities that should be undertaken at various stages 
which include pre-launch of the 
negotiations (3 Months), post launch Preparatory Phase of the negotiations (6-12 Months), actual negotiations (24-36 Months) and finalization of the 
FTA Agreement, 
signature/ratification and entry into force upon conclusion of Phase 1 negotiations. The Summit directed that 
performance monitoring would 
be a continuous activity throughout the preparations, negotiations and finalization of the agreement. According to the Road Map, negotiations on Trade 
in Goods should be finalized by 
December 2014. 
 The Tripartite organ responsible for the FTA negotiations is the 
Tripartite Trade Negotiations 
Forum (TTNF). In order to implement Phase 1 of the Road Map for the Tripartite negotiations, the TTNF has 
adopted Work Plan and schedule 
of negotiations.  The Tripartite Trade Negotiating Forum has met four times in order to facilitate negotiations on the 
Tripartite FTA in conformity with 
the road map adopted by the Second Summit in June 2011.  WT/TPR/M/271/Add.1 
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vanadium, cassiterite, 
colombo-tantalite, wolframite, rare earths, gold, peat, and various industrial minerals, as well as signs 
of hydrocarbons.  The nickel deposits 
at Musongati represent about 6% of the world's known nickel reserves. Following the conclusion of various agreements between the Government and the mining companies, gold, 
nickel, rare earths and hydrocarbons 
are all currently being explored. The extractive industries are underdeveloped.  War, the lack of electricity and the absence of a 
railway are factors that have held 
back investment in both prospecting and exploitation.  At present, not much is known about the extent of the country's mineral resources. Development activities have mainly 
involved deposits of gold, vanadium, 
carbonated phosphates and nickel." 
It is understood from the Secretariat 
report that the nickel deposits, although standing at a significant 
level, has not been extracted 
effectively due to the industries being underdeveloped.   
23. Could Burundi make a brief 
assessment on the effectiveness of 
the new Investment Code on 
increasing the level of investments associated with the extraction of mines with special attention to the nickel deposits? 
 The achievements of the TTNF 
include the following: 
 Recognised the existence 
of the draft FTA Agreement and Annexes 
as the starting point for 
the negotiations and circulated tariff and trade data for validation by the tripartite Member/Partner State, 
 Established working 
groups on; Customs Cooperation, Documentation, Procedures and Transit Instruments; Technical 
Barriers to trade 
(including Standards and Metrology), Sanitary and Phyto Sanitary Measures and Non-Tariff Barriers; 
Rules of Origin. Agreed 
on TORS and Rules of Procedure for the Working Groups. Iissues relating to tariff liberalisation will be 
negotiated in the TTNF, 
 Developed a draft paper 
on modalities for negotiations on tariff liberalisation and the template for making 
offers;  
 Developed a draft paper 
on Substantially All Trade,  
 Finalised exchange of 
information and trade measures among the 
Tripartite 
Member/Partner States in preparation for the negotiations. 
 The 5th TTNF Meeting scheduled 
for 10-12th December, 2012 will 
pursue further negotiations on tariff liberalization and exchange  WT/TPR/M/271/Add.1 
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of offers and also receive reports 
from the Tripartite Working 
Groups with a view to providing 
guidance on negotiations on the draft annexes on Rules of Origin, TBT, SPS and NTBs and Customs Cooperation.  
 
Despite the new Investment Code and the potential of the sector outlined in a general diagnostic study in the sector, major investment and financial support 
by international institutions in the 
mining sector remains extremely low, with the exception of bilateral support by a couple of European Governments as part of 
the International Conference of 
the Great Lakes Region Project against the illegal exploitation and commercialization of strategic minerals in small mines – gold, 
coltan, casserite and wolframite).  
Similarly, despite the recent economic progress of the country (for instance, in the 2013 World Bank Doing Business Report, Burundi ranks 159 out of 185 
economies, and is the only 
African country among the world's top 10 economic reformers), significant work still needs to be done to improve 
Burundi's investment climate, 
particularly private sector investment. Investment in the mining sector is still hampered by poor infrastructure and a lack of access to credit, which are not 
adequately resolved by the new 
Investment Code or the current Mining Code. The incentives provided in the new Investment Code did not provide for specific 
measures as regard to extraction 
of mine especially nickel deposits.
 WT/TPR/M/271/Add.1 
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  EAC TPR – KENYA COUNTRY  SPECIFIC RESPONSES: 
 
WTO 
Member 
State Section/Page of the 
TPR report Questions and Kenya's responses 
Australia (III) Sector Specific 
Performance (3) Mining Page 29, paragraph 14 
 States that the National Mineral Resources and Mining Policy 
is in the process of being enacted.   Can Kenya clarify how it intends to implement the recently 
enacted local equity regulation (Legal Notice No 118 of 27 
September 2012) without adversely impacting on current and potential investment in the mining sector?  
In case of non-availability of interested local investors, the 
Government has the option of waiving the local equity 
requirement to allow current a nd potential investors in the 
mining sector to go ahead and invest in the industry. The requirement is, therefore, not expected to adversely impact on current and potential investors in the mining sector. The 35% local equity will allow for technology transfer and 
development of local capacity in the mining industry.    
How did Kenya arrive at the figure of 35% local equity? 
 
The Government arrived at the 35% local equity after 
consultations with local stakeholders.  
 
Will Kenya be changing its regulations to allow mineral 
exploration and other mining comp anies to list on the Nairobi 
Stock Exchange without the requirement of being in business 
and operating profitably for three years?  
Yes, Kenya has introduced a new market segment at the 
Nairobi Securities Exchange called the Growth Enterprise 
Market Segment (GEMS) to cater for SMEs as well as 
other start-up companies with high prospects i.e. mining companies. This segment has lower thresholds that exclude the three years profitability track record. 
 
How will this new regulation impact on EAC harmonisation of 
mining regulations?   The new regulation is not expected to adversely impact on EAC harmonisation of mining regulations. 
  
Does Kenya intend to join the Extractive Industries 
Transparency Initiative?  
Yes. All natural resources within the territory of Kenya 
belong to the people of Kenya. The exploitation of the 
natural resources shall be done for the benefit of people of Kenya bearing in mind the principle of intergeneration  WT/TPR/M/271/Add.1 
 Page 107 
  
 WTO 
Member 
State Section/Page of the 
TPR report Questions and Kenya's responses 
equity.   
 
(VI) Trade 
Performance 
(5) Privatisation  Page 39, paragraphs 61 and 62   States that the Privatization Commission is overseeing the 
implementation of the privatization strategy, with the 
following sectors earmarked for privatization: banking, agro-processing, hospitality, energy, infrastructure and manufacturing.   
Amongst these sectors, which is Kenya's highest priority for 
privatization and which sector is the most advanced in the implementation of its privatization strategy? 
 
Kenya does not have any specific sector ranked as highest 
in priority for privatization. 
 The current Privatization Programme that has twenty seven (27) entities targeted for privatization highlights the priority entities for the country for privatization. The list identifies the priority institutions/investments in the 
various sectors and all these form the priority list for 
Kenya's privatization.  There is therefore no specific sector that is highest in priority, but we have priority public entities/investments 
for privatization in specific sectors. 
 The most advanced sectors are in manufacturing, banking, hospitality and agro processing.  
(VIII) Regional and Bilateral Trade 
Agreements 
(7) Bilateral trade agreements Page 44, paragraph 90  States that Kenya has 27 bilate ral agreements in force.  
 
Does Kenya have any, or is Kenya negotiating any bilateral 
trade agreements with countries in Asia?  
Kenya has signed Bilateral Agreements with Bangladesh, 
China, India, Iraq and Pakistan). The scope of these bilateral agreements ranges from Non-tariff Barriers and 
other boarder measures other than tariff. In additions the 
BTAs also covers cooperation in areas of trade promotion and exhibition amongst others. 
 
(4) Services Sector 
(IV) Energy Paragraph 24 
 Could Kenya please elaborate on how the government plans to 
improve the investment environment to encourage more investments in the energy sector?  With regard to reducing the administrative barriers to private sector development, the Government seeks to ensure a future business-licensing regime that is simple, more transparent and less costly to both the regulating 
agencies and businesses. The Business Regulatory Bill is WT/TPR/M/271/Add.1 
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aimed at reducing the overall burden of licenses and a 
system of vetting new regulations to ensure they do not exert unnecessary burden to business.  
 
Public Private engagements will be strengthened with a view to seeking common solutions to issues affecting business in partnership with private sector player in the regions the Government aims to ensure improved business environment through several initiatives; 
iv. The Prime Minister's Round Table to provide a useful 
platform in addressing investor concerns in collaboration with private sector. 
v. Sub-National Doing Business indicators where we aim 
to benchmark and monitor how local authorities 
address issues affecting business at local level 
vi. Regional Investor Round tables –through the Kenya 
Investment authority local forums are held to decipher investor concerns and loca l solutions and cascading 
policy issues to the Prime Ministers round table. 
 
In order to improve the investment climate further, the 
Kenya Government has recently adopted a Public Private Partnership policy that articulates its commitment to the PPP agenda, provide the basis for the legal framework and also provide a foundation for the institutions necessary to 
support delivery of a sustainable PPP programme. The 
Government has also enacted Public Private Partnership Law to provide more certainty and confidence to investors.  The ongoing implementation of the Constitution 2010 is expected to improve governance, continue to entrench 
reforms in both judiciary and other arms of governments 
ensuring predictability and functioning systems thus facilitating private sector growth.  Review of the Energy policy and Act to provide a 
conductve environment for the provision of energy 
services. To make the sector more responsible to privates sector needs especially on attracting investments. Design sector specific incentives to encourage investors in the energy sector e.g. feed in tariff etc. 
 
Canada Annex 2, Kenya, 
Section IV Trade 
Policies by Sector: (1) Agriculture; (II) Policy Developments: paragraph 200, page 218 
 Paragraph 200 notes that the multitude of taxes and levies 
under various laws and regulations  is a major constraint to 
Kenya's agriculture production. Canada applauds Kenya's efforts to address this issue within  the scope of the Strategy for 
Revitalizing Agriculture (2004-2014).   Could Kenya please provide an update on the process of tax 
reform in the agriculture sector?  WT/TPR/M/271/Add.1 
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The government is currently undertaking review of various 
Acts with a view of addressing the multiplicity of taxes in 
agriculture sector.  
European Union S 271/KEN/annex 2  
I Economic environment (4) Investment 
performance 
 
Page 181 paragraph 26 
and page 35 paragraph 41 of the 
Government report 
(G 271) and paragraph 26 of the secretariat's report S 271/KEN Annex 2 "Kenya's foreign direct invest ment (FDI) performance remains 
weak in comparison with its neighbouring countries.  Poor infrastructure and complex administrative procedures remain the main challenges.  Accord ing to the World Bank, Kenya 
ranks 109th (106th in 2011) out of 183 economies for ease of 
doing business.  Starting a business in Kenya requires an average of 33 days and 11 different administrative procedures."   
"The Government established a Business Regulatory Reform 
Unit to reduce business licensing requirements and ensure that they conform to International best practices    It is expected that the streamlined business e nvironment will attract FDI and 
also lower the cost of doing business and encourage the existing business to expand leading to increased new domestic 
investment and employment opportunities.  The reforms are 
intended to transform Kenya into an ideal and competitive investment destination."  On Investment performance, paragraph 28 of the secretariat's 
report S 271/KEN/A2 mentions Australia, China, Germany, 
India and UK as main sources of FDI.  
 
Can Kenya please provide more detailed statistics on FDI for example on volumes of investment flows (inward, by origin and by domain of activity), FDI stocks by origin and domain. 
 
FDI inflows amounted to K Shs 44,469 million in 2008, a 
decline of 26.4% from KShs  60,411 million in 2007. The 
inflows from the United Kingdom were highest at KShs 19,153 million (43.1%) followed France KShs 
6,637 million (14.9%) US KShs 4,448 million (10.0%), 
Netherlands KShs 3,953 million (8.9%), Germany 
KShs 2,518 million (5.7%) and Switzerland KShs 2,458 million (5.5%). Other major sources of inflows were Tanzania and India each accounting for 2.5% of the 
total inflows in 2008.  
 The major destinations of FDI outflows in 2008 were US, United Kingdom, France and Germany jointly accounting for 72.1% of the total outflows. India, Netherlands and Mauritius were also significant destinations of FDI 
outflows.  
 Distribution of FDI by Industrial Classification ofActivities 
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liabilities accounting for 28.4% of the total stock. This was 
closely followed by Information and Communications and Financial and Insurance Sect ors with 24.6% and 20.1%, 
respectively. Stock of FDI in the Electricity, Gas, Steam 
and Air conditioning increased by 83.0% from KSh 5,057 million in 2007 to  KSh 9,256 million in 2008. 
Major increases were also recorded in the stock of FDI in Financial and Insurance, Construction and Manufacturing sectors which rose by 42.5%, 33.7% and 31.6% 
respectively during the same period. Declines were 
however recorded for the FDI stocks in the Transportation and Storage; and Mining and Quarrying sectors, during the period under review . 
  
In 2008, Manufacturing, Information and Communication, 
and Financial and Insurance sectors were the leading beneficiaries of FDI inflows accounting for 41.2%, 19.7% and 18.2% respectively, of the total FDI inflows. Other sectors that benefited from the FDI inflows were wholesale and retail trade, and Electricity, Gas, Steam and Air 
conditioning supply. Inflows to Electricity, Gas, Steam and 
Air conditioning supply tripled while those to Accommodation and Food service more than doubled 
during the same period. Inflows to Manufacturing sector increased by 86.7% from KShs 9,823 million in 2007 to 
KShs 18,340 million in 2008. However, FDI inflows to 
Transportation and Storage, and Information and Communication dropped significantly.  
Do the reforms under consideration take into account certain aspects related to administ rative procedures that may 
constitute obstacles to FDI (for example in the food processing 
sector that is analysed in the paragraph 252 page 227 "as 
having the biggest value addition (approximately 25%) thought it is less attractive than petroleum, chemicals, clothing and electrical machinery").  The reforms undertaken by Government are aimed at 
reducing the administrative barriers to private sector 
development. They seek to ensure a future business-licensing regime that is simple, more transparent and less costly to both the regulating agencies and businesses. Particularly the Business Regulatory Bill soon to be 
enacted is aimed at reducing the overall burden of licenses 
and a system of vetting new regulations to ensure they do not exert unnecessary burden to business. The reforms will have a cross cutting effect as th ey will apply to all sectors. 
 
III Trade policies and 
practices by measure The report states the following: "Over the period 2005-06, due 
to outbreaks of Avian Flu, Kenya notified 26 emergency SPS  WT/TPR/M/271/Add.1 
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(1) Measures directly 
affecting imports 
(x) Health, sanitary, phytosanitary, and environmental protection measures 
 
Page A2-203 Paragraph 123:  measures to the WTO Committee on Sanitary and 
Phytosanitary Measures, restricting imports of domestic and 
wild birds, eggs, and bird-meat products, from affected countries listed in the OIE World Animal Health Information database. Kenya also notified,  the prohibition, as from April 
2010, of the importation of live sheep and goats from countries 
reporting scrapie, caprine arth ritis/encephalitis (CAE), and 
bovine spongiform encephalopathy (BSE)."  
Can Kenya please explain how these trade restrictive measures 
imposed for avian influenza an d BSE are in line with the 
respective standards of OIE ?   
 
The measures are in line with OIE standards to the extent 
as follows: c) With respect to avian influenza, the OIE standards in 
Article 10.4.5 (2), 10.4.7 (2) and 10.4.10 (2) of the 
Terrestrail Code, 2012, the ex porting countries, zones 
or compartments are required to be free from the disease for a specified period before exportation. Kenya will undertake a review to adopt the length of time provided by the OIE Code.  
 
d) With respect to BSE, the OIE Terrestrail Code in 
Article 11.5.3 require the exporting country, zone or compartment to demonstrate negligible or controlled risk for a specified period of time before exportation. Kenya will undertake a review to adopt the length of 
time provided by the OIE Code.  
 
EU recalls that OIE standards include clear recommendations 
for the import conditions of commodities coming from countries/zones/compartments a ffected by these diseases. With 
regard to avian influenza, recognition of regionalisation 
measures (Art. 6 WTO SPS Agreement) are clearly included in 
the OIE Standard.  
 
Can Kenya please clarify if it does takes into account in its 
import conditions related to avian influenza regionalisation measures that are put in place by exporting countries? If so, 
the EU would be interested to be provided with references to 
these import conditions.   Kenya has not been taking into consideration avian influenza regionalization measures because the disease status is captured in WAHID in terms of countries and not 
regions. To Kenya's understanding, the OIE has not yet 
started listing regions free of avian influenza. However, Kenya is considering reviewing her measures in consultation with the OIE. WT/TPR/M/271/Add.1 
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With regard to BSE, can Kenya please explain whether it takes 
into account the BSE country categorisation as established by the OIE?  
 
Yes. Kenya takes into account OIE categorization of BSE status. Kenya freely imports bovine commodities from countries categorized as having "negligible BSE risk". Kenya temporarily restricts imports of risk-commodities from infected countries only during the period before they 
resolve higher BSE risk and revert to "negligible BSE 
risk" status. 
 
Could Kenya please clarify whether it applies the trade 
recommendations established in the latest OIE standard?   
 Yes. Kenya applies the trade recommendations established 
in the latest OIE standard and adopt the risk management 
measures therein in her import permits for various risk commodities.  
The EU recalls that these standards are such that there should not be any import restrictions related to live sheep and goat 
related to BSE. In fact, the OIE standard puts only trade 
conditions in place for bovine animals. According to EU's 
understanding, Kenya imposes an importation ban on live sheep and goats on countries reporting BSE, which is not in line with the OIE standard.  The EU would like to request Kenya to clarify this issue.    With regard to caprine arthritis/encephalitis (CAE), the OIE standard does not impose any trade conditions for live 
sheep.  With regard to goats, according to the latest OIE standard, goats can still be continued to be imported.  With regard to scrapie, according to the OIE standard, live 
animals can still be traded from reporting countries on 
certain conditions laid down in the OIE standard. 
 
According to EU's understanding, Kenya puts in place import 
restrictions of live sheep and goats on countries reporting avian influenza, BSE, scrapie and CAE which are considered not in line with the OIE standard.   Can Kenya please clarify the rationale for its current policy in light of the above remarks and its intentions regarding those measures?  
 
Kenya acknowledges the opinion of EU on the matter of 
BSE and CAE import controls in sheep. Kenya observes 
from Article 14.9.6 and 14.9.7 of the OIE Terrestrail Code that both sheep and goats for breeding and slaughter are  WT/TPR/M/271/Add.1 
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subject to import controls speci fied in the Code on account 
of Scrapie and also goats with respect to CAE. 
 The measures applied by Kenya are for precautionary reasons. However, these measures are being considered for review to comply with th e specific OIE standards 
 
(3) Measures affecting 
production and trade 
(ii) Competition policy and price control Pages 206-207, paragraphs 142 to 152 
of the secretariat report 
(S/271/KEN) and Page 38, paragraphs 57 and 58 of the Government report (G/271) 
 "To actualize this commitment, the Government has 
modernized the competition regulatory framework through the 
enactment and commencement of the Competition Act, Cap. 504.  The Act, inter alia , harmonizes competition law 
with other laws governing sector regulation and also creates an autonomous Competition Authority and Competition Tribunal. 
It is expected that with eff ective enforcement of this Act, 
competition in the Kenya's markets shall be deepened.  To facilitate the aforementioned objective, the Government is currently developing supportive subsidiary legislation to enhance transparency and pred ictability in the enforcement 
process.  This is aimed at reducing the costs of doing business 
(transactional and other costs emanating from the 
unpredictability of the enforcement process) and also result to some savings to the Authority."  The EU welcomes the entry into force of the new law since 
2012, the creation of the CAK (Competition authority of 
Kenya) and of a specialised competition tribunal which should be supportive of the key objectives of the government regarding attraction of FDI, enha nced trade integration with its 
main investment and trade partners that are diversifying.   The EU would appreciate receiving further details as to how the competition law shall appl y to the sectors that are 
regulated by agencies as this seems to be "dependent on the outcome of negotiations of th e authority with the sectoral 
agencies themselves"?   
 
The Competition Act applies to  all sectors, including the 
sectors that are under sector regulators.  The Act provides that where there is a conflict between the provisions of the Act and provisions of any other written law with regard to 
matters concerning competition, consumer welfare and the 
powers or functions of the Competition Authority of Kenya (CAK), the provisions of the Act shall prevail. In addition, it provides that in case of conflict, disharmony or inconsistency, the determinations, directives, regulations, rules, and orders of CAK shall prevail. 
 
Could the government elaborate on the criteria for merger 
control and confirm whether a ll mergers are to be notified? 
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The Act provides for notification  of all mergers. However, 
CAK is aware to the fact that not all mergers are benign to competition and hence, CAK is in the process of coming up 
with merger thresholds. 
CAK base its determination in relation to a proposed 
merger on competition criteria and public interest criteria. However, more weight is given to competition criteria. In making determination in relat ion to a proposed merger, 
CAK may either: 
d) Give approval for the implementation of the merger; 
e) Decline to give approval for the implementation of the 
merger; or 
f) Give approval for implementation of the merger with 
conditions. 
 
Regarding merger control and FDI projects screening, how 
shall FDI screening integrate relevant competition related 
considerations in the future? 
 
Regarding merger control and FDI projections screening, 
the FDI screening is done by the Kenya Investment 
Authority. In relation to merg er control, mergers involving 
FDI are evaluated using the same criteria in 35 above.  
 
(iv) Public procurement 
Page 210, paragraph 164-172   The EU is aware that frequently EU companies feel 
disadvantaged vis-a vis  Kenya's predisposition to limit 
procurement bids to companies from specific geographical source (often Chinese). Wouldn't it be in Kenya's advantage to open the procurement bids to  genuine competition amongst 
companies regardless of their orig in? Kenya's credibility in fair 
and open public procurement sy stem would improve/increase. 
The EU also notes that paragraph 170 states "despite the noticeable progresses, no entity has been given a clear mandate to control procurement". 
 
What are Kenya' s intentions regarding the opening of 
procurement bids to genuine competition? 
 
Kenya's procurement system is open to genuine 
competition and is not limited to companies from specific 
geographical sources.  
Section 2 of the Public Procurement and Disposal Act, 2005 (the Act) indicates the purpose of the Act as to establish procedures for procurement and disposal by public entities to maximize economy and efficiency, promote competition 
and ensure competitors are treated fairly, to increase 
transparency and accountab ility in those procedures, 
among others.  Section 29 of the Act provides for every procuring entity to use open tendering as the default procurement method. For  WT/TPR/M/271/Add.1 
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procurements above a certain threshold, a procuring entity 
is required to advertise at least twice in a newspaper of 
general nationwide circulation which has been published for at least two years before the date of issue of the advertisement and on its website (Section 54). Section 71 of the Act provides for International Tendering if there will 
not be effective competition for procurement unless foreign 
persons participate. National tenders must be advertised for a minimum period of twenty one (21) days and international tenders must be  advertised for a minimum 
period of thirty (30) days.    
Section 8 of the Act establishes PPOA as a body corporate 
charged with ensuring that the procurement procedures established under the Act are complied with; monitoring the procurement system and reporting on its overall functioning; initiating public procurement policy; and 
assisting in the implementation and operation of the public 
procurement system by preparing and distributing manuals and tender documents; providing advice and assistance to procuring entities; and, development, promotion and supporting tr aining and professional 
development of staff involved in procurement.  
Page 211, 
paragraph 170  Is it Kenya's intention to make competition legislation apply to 
public procurement given the essential role that public procurement is to play for the vision 2030 to be realized? 
 
The Competition Act applies to public procurement. The 
Act applies to all persons including the Government, state 
corporations and local authorities in so far as they engage 
in trade. The provisions of the Act prohibits restrictive agreements, practices and decisions by undertakings which have as their object or the prevention, distortion or lessening of competition in trade in any goods or services in 
Kenya. Specifically, the Act prohibits collusive tendering 
by undertakings. 
 
(v) Intellectual property 
rights Page 212 Paragraph 175 
 The Constitutional court restricted the full implementation of 
the Anti-Counterfeit act. The Court has urged Kenya's Parliament to review the act in order to remove ambiguities that could result in arbitrary seizures of generic medicines 
under the pretext of fighting counterfeit drugs. Anti-
Counterfeit Agency has filed an appeal against the Constitutional Court ruling on Anti-Counterfeit Act unconstitutional provisions limiting access to generic medicines.   The EU would like to know how the Government addresses this issue in order to secure legitimat e trade in generic medicines? WT/TPR/M/271/Add.1 
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The Anti-Counterfeit Agency has never seized generic 
medicines entering Kenya because under the law they are legitimate goods. The Act does not at all criminalize trade 
in generic medicines. However, what is criminalized is the 
counterfeiting of generic medicines. However, in a judgment delivered on 20th April 2012, the Court basically declared Section 2 of the Anti-Counterfeit Act, No. 13 of 2008 unconstitutional as it relates to medicines and went further to declare the enforcem ent actions of the Agency 
under Sections 32 and 34 of the Act in respect of medicines 
as running counter to the constitutional protections envisaged under Articles 26 (1), 28 and 43 (1) of the Constitution.  
Decisions of the Court are appealable up to the Supreme 
Court. Generic drugs includi ng those manufactured under 
compulsory licensing are le gitimized by the Industrial 
Property Act, 2001 and the laws must be read together. The fight against counterfeiting has a profound impact on the economy not to mention the health and safety of plants, 
animals and human life. The Anti-Counterfeit Act as it is 
worded protects generic medicines within the confines of the TRIPS and the Industrial Property Act, 2001 and does not in any way infringe or even threaten to infringe trade in generic drugs or on the right of access to affordable 
healthcare of the populace.  
Page 213 
Paragraph 179  Can Kenya please clarify if its compulsory licencing 
legislation is in line with Article 31 of TRIPS, in particular 31(b): "such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and 
conditions and that such effo rts have not been successful 
within a reasonable period of time." 
 
Kenya's compulsory licensing provisions are in line with 
Article 31 of the TRIPS Agreement. As regards potential licensee-licensor prior negotiations before resorting to 
compulsory licensing, Section 74 (1)(a) of The Industrial 
Property Act, 2001 stipulates that "A compulsory licence shall not be granted unless the person requesting the licence satisfies the Tribunal that he has asked the owner of the patent for a contractual licence but has been unable to 
obtain the licence on reasonable commercial terms and 
within a reasonable time". 
 
Page 213 
Paragraph 182 GIs 
 Can Kenya please elaborate how GIs from other countries 
than Kenya can be protected, and if a specific GI legislation is being planned?  
  WT/TPR/M/271/Add.1 
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GIs in Kenya are protectable as collective marks under the 
Trade Marks Act. This applies to both national and foreign 
GIs. Applicants for GIs from other countries than Kenya may directly file a request for registration of GIs with KIPI or WIPO (use the Madrid system for registration of Marks).  
 
Yes, Kenya has drafted a bill specific to GIs to improve its GIs registration and protection system. 
 
Page 216 
Paragraph 190  Can Kenya please indicate if its legislation provides for ex 
officio actions for its customs official?  
Yes, Section 22 (3) of the Anti-Counterfeit Act 2008 (AC 
Act) designates customs officials as inspectors for the purpose of enforcing the Act. Section 33 (4) of the Act empowers an inspector "to take any appropriate steps on his own initiative in relation to any act or conduct believed or suspected to be an act of dealing in counterfeit goods", 
provided the provisions of the Act are complied with.  
Can Kenya please clarify if it allo ws for ex parte actions as per 
TRIPS Article 50(2)?  Yes. Under section 3A of the Civil procedure Act the High Court of Kenya  has inherent jurisdiction to issue  
equitable reliefs.   
 
India Page A2-212; 
Paragraph 175  Over the review period, the main change in Kenya's IP 
framework was the enactment of the Anti-Counterfeit Act 
(No. 13) 2008. However, its full implementation was restricted by the Constitutional Court, which ruled that some provisions of the Act limit access to affordable and essential drugs 
including generic medicines for HIV/AIDS. As a consequence, 
the Court has urged Kenya's Parliament to review the Act in order to remove ambiguities that could result in arbitrary seizures of generic medicines under the pretext of fighting counterfeit drugs. The Anti-counterfeit Agency has filed an appeal against this ruling.  
Kenya may kindly elucidate on the grounds for appeal against 
this ruling of the Constitutional Court, seeing that Access to generic medicines at affordable prices is an avowed intent of the Government and is also a llowed under TRIPS flexibilities. 
 
Decisions of the court are appealable up to the Supreme 
Court. Generic drugs includi ng those manufactured under 
compulsory licensing are le gitimized by the Industrial 
Property Act, 2001 and the laws must be read together.  
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The fight against counterfeiting has a profound impact on 
the economy, not to mention th e health and safety of the 
plant, animal and human life. The AC Act as it is worded 
protects generic medicines within the confines of the TRIPs 
agreement and Industrial Property Act, 2001 and does not in any way infringe or in any way threaten to infringe trade in generic drugs or on the right of access to the affordable health care of the populace. 
 
Japan ANNEX 2: KENYA 
III. TRADE POLICIES 
AND PRACTICES BY 
MEASURE (3) Measures Affecting Production and Trade (v) Intellectual property 
rights (IPRs) 
Page A2-215, paragraph 189 According to the report, the joint raids by Microsoft and the 
Kenya Copyright Board which targeted unlicensed software 
were implemented successfully.   
 For appropriate protection of IPR, does the Government of Kenya plan to take similar actions against IPR infringement continuously, in cooperation with private companies? 
 
The raids undertaken on behalf and jointly with Microsoft 
were based on complaints made. Under the Kenyan law, IPRs are private rights and as such State or State Agents cannot undertake raids without a complaint being laid. We 
have since the report first prepared subsequently assisted 
other International and loca l Software firms and remain 
ready to plan and execute sim ilar raids with other private 
firms.   Yes. The Anti-Counterfeit Agency (ACA) is an 
enforcement agency in the area of Intellectual Property 
Rights. The law is structured such that the Agency acts on complaints filed by IPR owners. The Agency conducts investigations, does raids and seizures and prosecutes 
cases. At every step of the way the private companies are 
closely involved, from providing intelligence, to giving 
expert evidence in court.   The Agency is developing an online IP registration and recordation system that will allow private companies to subscribe for a fee to continuous surveillance at both the 
points of entry and in the market as well. The Agency also 
works closely with its sister government institutions involved in IPR enforcement such as the Kenya Copyright Board to conduct raids/seizures on suspected counterfeit goods. In most cases, private companies are involved. 
 
Korea III. Trade Policies and 
Practices Measure 
 Page A2-216 (paragraph 193)  Pirated and counterfeited produc ts in Kenya are mostly 
imported.  They include pharmaceuticals, textile products, 
cosmetics, electrical and electronic goods, and computer programs.  Could Kenya state what measures have been or will be taken to  WT/TPR/M/271/Add.1 
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crack down on the importation of pirated and counterfeited 
products? 
 
Kenya is taking the following measures to combat importation of pirated and counterfeited products:  
5. Enforcement:  
v. The government has enacted the Anti-Counterfeit 
Act No. 13 of 2008 which provides for criminal enforcement of Intellectual Property Rights. The Act has also created a specialized enforcement agency – the Anti-Counterfeit Agency, which has 
powers of search seizure, arrest and prosecution. 
vi. The Agency works closely wi th its partners such as 
the Commissioner of Customs to detect and stop suspected goods from ent ering the country; with 
Kenya Bureau of Standards to ensure pre-shipment 
inspections at the point of origin are done to stop 
any counterfeits from being shipped into Kenya.  
vii. In the event goods enter into the country, Anti-
Counterfeit Agency inspectors conduct market surveillance and targeted raids of business premises 
and warehouses and if goods are found to be 
counterfeit, they take the necessary action.  
viii. In addition, the owner/ agent/ importer are profiled 
and blacklisted so that any future imports are subjected by KEBS and KRA to full inspection and verification at the point of entry. The Anti-
Counterfeit Agency inspectors also have powers to 
prosecute cases.  
6. Public outreach:  
Enforcement agencies including the Anti-Counterfeit 
Agency carry out sensitization of the public about the 
dangers of counterfeit goods to safety, health and the economy at large via the media (print and electronic), public forums, world events such as the World Anti-Counterfeit Day, trade shows/exhibitions, among others. This is done to inform the public about the 
dangers of counterfeit goods and reduce the demand 
for counterfeit goods. 
 
7. Research and Intelligence 
The Anti-Counterfeit Agency undertakes research on 
the extent of counterfeiting and compiles statistics to 
inform the policy direction and strategic planning at the Agency. With respect to  enforcement, the Agency 
also recognizes that counterfeiting is also organized crime and therefore gathers and analyses information 
about the people involved in the manufacture, WT/TPR/M/271/Add.1 
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importation and distribution of counterfeit goods with 
a view to targeting and disrupting their networks. 
 
8. Bi-lateral Initiatives 
The Kenya government is starting to engage with 
countries where majority of the counterfeit goods are being manufactured and trying to enlist their help in the fight against counterfeiting. It is envisaged that formal frameworks will be established to enable 
information sharing and mutual assistance. 
 
IV. Trade Policies by Sector  Page A2-246 (paragraph 362) 
 In addition, the new legislation provides for development, 
regulation management, and mark eting of sustainable tourism 
in Kenya.  It provides for incentive schemes for imported 
capital goods for investment in sustainable tourism activities.  
Could Kenya elaborate on the incentive schemes for imported 
capital goods for investment in sustainable tourism activities?  
Tourism Act No. 28 of 2011 provides for incentives both 
customs and excise waivers in respect of imported capital 
goods for investment in sustainable tourism activities and 
services, and tax rebates to tourism activities and services that promote sustainable tourism and environmental conservation (Section 106).   Specific current fiscal incentives include; 
iii. The Government, upon application, exempts 
import duty and VAT on the following items and equipment for hotel construction and refurbishment: washing machines, kitchen ware, cookers, fridges and freezers, air conditioning 
systems, cutlery, televisions, carpets, furniture and 
linen and curtains. All other items and equipment required by hoteliers are only VAT exempt upon application for construction and refurbishment. 
 
iv. Exemption from VAT - Materials and Equipment 
for use in the construction or refurbishment of 
Tourist Hotels. All materials and equipment, excluding vehicles and goods for regular repair and maintenance, the purchase or importation of which is approved by the Treasury, for use in the 
construction or refurbishment of tourist hotels, 
subject to the production of such evidence as the Commissioner may require as to the quantity, quality and type of good required from the project. 
Government Report III. Sector Specific Performance To achieve the above objectives, the Government has put in 
place an enabling environment for private sector participation through significant liberalization of the ICT sector; creating a  WT/TPR/M/271/Add.1 
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Page 30 (paragraph 21) 
 conducive policy, legal and re gulatory frameworks that 
encourages investment, effective competition and innovation; 
investing in the E-Government initiatives such as Government Common Core Network (GCCN);   Could Kenya provide more information on the investment 
opportunities in the E-Government initiatives? 
 
The Information and Communication Technology (ICT) sector plays a crucial role in the socio-economic development of the Country. The Government has recognized the importance of ICT as a powerful tool in 
accelerating productivity of  all sectors and empowering 
people to meet the challenges of the 21st Century. To optimize the sector's contribution to the development of the entire economy, the Government is currently offering investment opportunities to the private sector.  
 
The Government is digitizing most of its services to improve service delivery. The Government is therefore looking forward to partner with the private sector under a Private Public Partnership (PPP) arrangement to roll out 
E-Government services. Major areas include motor vehicle 
registration, pension services, judiciary case management, land registration and many others.  Kenya also provides investment opportunities in the ICT Sector under the PPP arrangement in the following areas:  
 
i. Building of a National Data Centre and a Disaster  Recovery Centre; ii. Construction of Multimedia Technology Parks  (MTPs) and Industrial Parks; 
iii. Deploying of Digital Broadcast Network; 
iv. Software and Hardware Development; v. Development of the Business Process Outsourcing  (BPO) Parks;  vi. Construction of the Konza Technology City; and vii. Development of International Teleport (Exchange 
 Point) in Mombasa- Co-location Facility.  
V. Investment Regime 
Page 34 (paragraph 39)  Investment programmes on expansion and maintenance of road 
infrastructure, the railway line, energy and investment in capital–intensive sectors like mining and exploration will continue to be priority areas under the Vision 2030.  
Could Kenya elaborate on the investment programs above? 
The Vision 2030 calls for Kenya by 2030 to be a 'Globally 
competitive and prosperous nation with a high quality of life'. The Vision is our window of opportunity to achieve WT/TPR/M/271/Add.1 
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transformation in Kenya.  
Infrastructure investments require enormous financial resources that cannot be adequately met from public sector 
finance. The government is therefore seeking private 
capital support for investment  in the areas identified 
below:   
xii. Development of a Duty Free Port/Special Economic 
Zone at Dongo Kundu 
xiii. Development of Cruise Ship Facilities 
xiv. Development of Airport Infrastructure and 
Services 
xv. Development of a Dry dock Port and a Car Bazaar 
xvi. Construction of a Second Port at Lamu and a New 
Transport Corridor 
xvii. Development of a New Transport Corridor i.e. 
Lamu Port Southern Sudan Ethiopia Transport Corridor (LAPSSET) 
xviii.  Development and construction of Malindi Jetty 
xix. Proposed Ngomeni Jetty and Sea Wall 
xx. Construction of the standard gauge railway line 
from Mombasa to Malaba 
xxi. Nairobi Metropolitan Mass Transport Programme 
xxii. Modern Commuter Rail S ervice for Nairobi City 
  In Energy:  
 An Energy Access Scale-up Programme  to connect a 
million households with electricity within the first MTP period (2008-2012).   
 A major project to connect Kenya to the Southern 
Africa power pool through Tanzania will be implemented. Other regional connections include Kenya -Ethiopia interconnector and Kenya - Uganda 
electricity transmission line. 
 The current toping oil refinery which is operating at 40 
percent of its design capacity due to its inability to compete with imported refined petroleum products is being modernised to process four (4) million tonnes, thus fully utilising its design capacity. This modernisation project which will provide an operational flexibility in terms of 
processing a wide cocktail of crude oils at least cost is 
expected to be completed by 2015. The balance of products will continue to be imported until a new refinery 
is set up at Isiolo.  
 
Major focus will be on generation of electricity from 
renewable sources including geothermal, wind, solar and reduce dependency on hydro generated electricity. 
 
Kenya is also endowed with a wide range of minerals  WT/TPR/M/271/Add.1 
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resources, some of which are already being   explored and 
exploited by private companies. Currently, the Minerals 
sector, excluding quarrying for construction materials, contributes only about 1% to the GDP which is rather low compared to the available potential. This implies that a good percentage of the country's mineral resource is yet to 
be explored and exploited. 
 
 Putting in place appropriate policy and legislation 
supportive of investments in the industry and particularly small scale investors  
 Undertake an n accurate and detailed geological 
mapping of the country to provide information that 
may lead to the discovery of natural minerals of 
commercial value.  
 Intensification of the exploration for minerals and 
crude oil will be intensified. The private sector will be encouraged to participate in both small and large scale mining industry and to develop the geo-tourism sites as part of the tourism circuit within 
the country.\ 
 Small scale miners will be targeted for increased 
investments. 
 Operationalisation of a national policy on mineral 
resources and mining; 
 
Other Questions 
 Peace and security in an EAC member country can affect the 
economies and trade of other member countries of the region, especially when their economies and trade is supported by the 
infrastructure of the particular country.  For example, the 
landlocked countries, such as Rwanda, Burundi and Uganda, depend on Kenyan infrastructure links as major import and export routes.  
 
With 2013 Kenyan Presidential election coming up, is there 
general discussion on the role and dynamics of the EAC in the course of the election campaign?    
With 2013 Kenyan Presidential election coming up, is there 
general discussion on the role and dynamics of the EAC in 
the course of the election campaign?   The EAC is always involved during the elections in all Partner States through the elections observations. The EAC has Election Observation Regulations. The necessary 
logistics to enable the EAC Election Observation team 
participate in the electoral process are underway, including provisions of budgetary resources.  
Will the Kenyan general elections affect the EAC in areas such as its trade policies?  If so, in what regard? WT/TPR/M/271/Add.1 
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The general elections will not affect any trade policies 
which have been put in place before or after the elections. Once a policy has been passed, the Government of the day 
is obliged to implement fully.  
Turkey ANNEX II: KENYA 
Trade and Investment Regimes, paragraph 51, page 190  It is stated in the Secretariat Report that: "Foreign investors 
are required to have an amount of at least US$500,000, or the 
equivalent in any transactable currency.  In practice, foreign investors with US$100,000 are also welcomed."  
 
Could the Government of Kenya clarify the required minimum 
amount of More information is needed with regard to 
minimum amount of investment for foreign investors. Is it US$ 500,000 or US$100,000? Is the Kenyan Government planning to abolish this requirement sin ce this requirement can prevent 
small and medium sized enterprises from investing in Kenya? 
 
KenInvest will issue Investment  Certificates to investors 
whose projects have a value of US$100,000 or more for international investors and Kshs.1,000,000 (US$12,000) for domestic investors.  
 
The question of whether there are plans to abolish – Kenya is currently reviewing the Kenya Investment Promotion Act and the thresholds will also be considered. However, in doing this due consideration made to EAC as we also have similar investment thresholds applied in the other EAC 
partner states and efforts have been initiated towards 
harmonization of the same. 
 
Trade and Investment 
Regimes, paragraph 51, page 190  It is stated in the Secretariat Report that: "Investments are only 
allowed if they are beneficial to Kenya." 
 
The term "beneficial" is rath er ambiguous. In this context; 
what are the criteria for deci ding whether an investment 
beneficial or not? Please provide detailed information.  
 
In determining whether an investment and the activity related to the investment are beneficial to Kenya, consideration is made to the extent to which the investment 
or activity will contribute to the conditions specified below: 
i. creation of employment for Kenyans; 
j. acquisition of new skills or technology for Kenyans; 
k. contribution to tax revenues or other Government 
revenues; 
l. a transfer of tchno1ogy to Kenya; 
m. an increase in foreign exchan ge, either through exports 
or import substitution; 
n. utilization of domestic raw materials, supplies and 
services;  WT/TPR/M/271/Add.1 
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o. adoption of value addition in the processing of local, 
natural and agricultural resources; 
p. utilization, promotion, development and 
implementation of information and communication technology; 
 
United 
States REPORT FOR 
KENYA, ANNEX 2 
(WT/TPR/S/271/KEN) 
 II. TRADE AND INVESTMENT REGIMES 
(3)
 TRADE 
AGREEMENTS  
 Page A2-190, paragraph 48, Table AII.1: We note that Kenya has yet to submit a subsidies notification 
to the WTO, pursuant to Article 25 of the SCM Agreement. To 
the extent that Kenya maintains programs that meet the 
requirements pursuant to Article 25 of the SCM Agreement, when does Kenya intend to submit a full notification of its subsidies programs?  Kenya's subsidies programs are based on the Article 27 of the SCM Agreement, annex 7 countries. Kenya has enacted a bill on Special economic zones(November 2012)  which will transform the current export processing zones programs into Special economic zones programs  and will soon be   notify the WTO  the full range of program under 
this scheme.  
III. TRADE POLICIES 
AND PRACTICES BY MEASURE (1) Measures Directly Affecting Imports 
(i) Registration and 
preshipment inspection Page A2-193, paragraph 61 Please confirm whether Kenya mandates the use of pre-
shipment inspection activities, as defined by the Agreement on Pre-shipment Inspection, for imports into Kenya.  If so, when does Kenya plan to notify the WTO Secretariat regarding its laws and regulations relating to  pre-shipment inspection?   
 
With effect from 29th September 2005, KEBS (Kenyan 
Bureau of Standards) implemented the "Pre-Export Verification of Conformity (PVoC) to Standards Programme". This is a conformity assessment and 
verification procedure applied to specific goods / products 
at the respective exporting countries, to ensure their compliance with the applicable Kenyan Technical Regulations and Mandatory Standards or approved equivalents. The primary objective of applying Pre- Export Verification of Conformity (PVoC) program is to ensure 
quality of products, health and safety, and environmental 
protection for Kenyans.  Kenya notified its regulation relating to reshipment inspection vide notification number G/TBT/N/KEN 14. 
 
(vii) Prohibitions, 
controls and licensing 
 Page A2-197, paragraph 88 It appears that Kenya's last notifications of its import licensing 
regime were in 2003.   
 When does Kenya plan to submit its notifications of its import licensing procedures to the Import Licensing Committee in light of the WTO Agreement on Import Licensing Procedures? 
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Kenya will submit her Import Licensing Procedures to the 
Import Licensing Committee of WTO in accordance with WTO Agreement early next year (2013). It should, 
however, be noted that Kenya has removed most of the 
import prohibitions, controls and minimized the import licensing procedures. The only existing prohibitions and controls on imports are generally for purpose of preservation of health, public security and environment. Import licensing in the country is substantially liberalized. 
 
(viii) Contingency 
measures 
 Page A2-197, in paragraph 91 The Secretariat report states that Kenya is developing a new 
trade remedy regime and that draft legislation is under 
consideration.    Please provide an update as to where Kenya is in the consideration process and when it anticipates notifying its 
legislation to the appropriate WTO Committees. 
 
Kenya has finalised the preparation of the remedies bill 
2012, which has been forwarded the Cabinet and Parliament for approval before notifying the WTO early 
next year, 2013.   
(2) MEASURES 
DIRECTLY AFFECTING 
EXPORTS  
(iv) Export subsidies and incentives  
Page A2-204, 
paragraph 130-131 According to the Secretariat report, Kenya's Export Processing 
Zones provides exemptions from taxes and duties on imports for use in eligible business ac tivities in the zone. The main 
eligible activities are export-oriented manufacturing and processing, export-oriented commercial activities, and export services.  
 
Are there any non-export-oriente d activities eligible for the 
benefits provided under the Export Processing Zone? If so, please explain.  There are no non export oriented activities eligible for benefits provided under the EPZ program. 
 
Page A2-205, 
paragraph 133 The Secretariat notes that EPZs in Kenya are being 
transformed into special economic zones (SEZs), which will widen the scope of incentives to various eligible activities. Please explain what the major differences are between the 
eligibility criteria for a company to operate in an SEZ versus 
an EPZ. Please also describe the main differences in incentives 
provided under EPZs and SEZs.  
The major differences between the eligibilities criteria for 
companies which will be operating in the SEZs verses 
companies operating under the EPZ is that SEZ will 
provide a wide scope of eligible economic activities. Apart from manufacturing activities which shall include  WT/TPR/M/271/Add.1 
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processing, assembly, mixing , fabrication and related 
activities including sub-contracting and power generating 
(under EPZ industrial zone enterprises), the SEZ program will include the following activities: 
4. Services activities 
5. Commercial activities 
6. Special economic zone development 
 
Schemes under the SEZ will include  
11. Export processing zones 
12. Free trade zones 
13. Free port zones 
14. Industrial parks 
15. ICT parks 
16. Regional head quarter zones 
17. Science and technology parks 
18. Tourist and recreational centres 
19. Township SEZs 
20. SMEs parks and business incubations 
 
The SEZ program will provide general and specific incentives for a range of activities operating in a variety of 
the above SEZ schemes. In addition to the fiscal and 
procedural incentives provided by the EPZ program the SEZ program's incentive framework will include: 
 
 Access to land whereby the government of Kenya and 
the private sector will commit land for development of SEZs 
 World class onsite and offsite infrastructure including 
customized facilities for en terprises operating therein. 
The government and private sector will facilitate the development of offsite infr astructure to support the 
SEZs in a particular area based on assessed feasibility of the proposed SEZ project. 
 Market access, whereby goods produced in the SEZs 
will be eligible for certificate of origin provided they meet the rules of origin criteria. SEZ companies will have liberal access to the domestic and preferential markets provided market access conditions (including payments of applicable taxes duties and levies) are met 
and that such access shall not significantly harm 
domestic industries.  
 
(vi) Export promotion 
and marketing assistance Page A2-205, 
paragraph 135 In addition to coordinatin g and harmonizing export 
development programs in Kenya, does the Export Promotion Council administer or provide any financial benefits for exporting firms? If so, please describe the benefits. 
 
The Export Promotion Council does not administer or WT/TPR/M/271/Add.1 
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provide any financial benefits for exporting firms. 
 
(3) MEASURES 
AFFECTING 
PRODUCTION AND 
TRADE  
(v) Intellectual property rights (IPRs)  Page A2-215, paragraph 185 The Report states that "the Government or any public library 
(only not-for-profit documentation centres), and scientific institutions may, in order to serve the public interest, order the 
reproduction of a copyright work."   
 Please provide more information on this exception, including how many copies can be reproduced and the circumstances under which the Government or public library may order the reproduction?  Does the exception apply to the reproduction of 
works by both foreign and domestic authors?   
 
This exception is intended to be applied only in rare 
circumstances i.e. where there are no viable copies at the library for reference purposes. The provision as drafted 
was intended to cover absolute minimum number of copies 
for its use or preservation purposes in situations where copies are not available in the local market or in other markets despite efforts to obtain them for any reason including being out of print.  
 
The provision applies to work s of both local and foreign 
authors. 
 
Page A2-215, 
paragraph 191 The Report states that "in the case of imports of counterfeit 
goods, the right-owner may apply to the Commissioner of Customs, who may decide to seize or detain the goods."    
Is there any fee attached to such an application? 
 
Yes, the applicant is required to fill form ACA 10 and pay 
a fee of Kshs 10,000 (approximately 120 US Dollars). 
 
Page A2-216, 
paragraph 193 The Report states that "Pirated and counterfeited products in 
Kenya are mostly imported.  They include pharmaceuticals, 
textile products, cosmetics, el ectrical and electronic goods, and 
computer programs."    Do customs officials have ex officio authority?   Yes, Section 22 (3) of the Anti-Counterfeit Act 2008 (AC Act) designates customs officials as inspectors for the purpose of enforcing the Act. Section 33 (4) of the Act empowers an inspector "to take any appropriate steps on his own initiative in relation to any act or conduct believed or suspected to be an act of dealing in counterfeit goods", 
provided the provisions of the Act are complied with.   WT/TPR/M/271/Add.1 
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What is the procedure when a right holder files a complaint 
with customs? 
 
The procedure is set out in section 34(1) of the AC Act. The 
owner fills Form ACA 10 indicating the name of the IPR owner, contact details, description of suspected counterfeit 
goods, destination, particulars of the consignment, means 
of transport, identity of importer/exporter/holder/distributor/or manufacturer, description of genuine goods and submit samples of genuine products.  
The Commissioner is required to deal with the matter 
within three working days and take action if satisfied that the goods claimed to be protected are prima facie protected goods, IPR subsists, and the applicant is the owner of IPR. The Commissioner shall notify the applicant in writing 
whether or not the application has been granted. If 
granted, the Commissioner shall take appropriate action as per the East African Community Customs Management Act, 2005 subject to subsections (6) and (7) of AC Act. If not granted, the Commissioner shall give reasons. In the 
event of wrongful seizure, removal or detention of goods 
alleged to be counterfeit goods, the owner of the goods is entitled to claim compensation for damage or loss against the applicant. The compensati on shall only be paid where 
the application for seizure and detention was false or negligent or made in bad faith. 
 
Do protected computer software rights include both business 
software and entertainment computer software (videogames)?   
 
Section 2 of the Copyright Act of Kenya defines a 'Literary 
work' to include a computer program.  There is definition of the term 'computer program' under the Act does not 
distinguish between business or entertainment related 
software or computer programs. Videogames and animated series are considered audio-visual works.  
 
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  THE SECOND JOINT TRADE PO LICY REVIEW OF THE EAC 
RWANDA 
 
WTO 
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report Questions and Rwanda's responses 
Australia (III) Trade Policies and 
Practices (3.5) Sanitary and Phytosanitary (SPS) Measures 
Page 55, paragraphs 54 and 
55  Notes Rwanda's efforts to develop a written policy on 
SPS and efforts to harmonize with the EAC through the SPS Protocol.  Does Rwanda have a timeline on when it will finalise a common regulatory platform and when it might adopt 
the EAC SPS Protocol? 
 
There is a national regulatory Committee composed 
of MINAGRI, MINISANTE and MINICOM (For plant health, animal health and Human health 
departments). 
 The draft EAC SPS Protocol is being finalized and is expected to be approved by the EAC Council of Ministers by the end of 2012. Once approved, the Protocol will be ratified by the Partner States. Once 
ratified, the measures in the Protocol will be 
implemented at the national level. 
 
WT-TPR-S-271 RWA 
Rwanda – Annex 3 (IV) Trade Policies by Sector 
(4) Services 
(IV) Energy Paragraph 365  Australia noted that the Rwanda Tourism Policy 
identifies ways to further develop Rwanda's tourism sector.  Does the government have plans to take these forward? 
 
The Tourism Policy is being implemented by 
addressing the following: 
 Product development and diversification – 
Developing a range of quality tourism products and services, capable of attracting and meeting 
the needs of international, regional and domestic 
visitors.  
 Marketing and awareness – Projecting a clear, 
distinctive, image of Rwanda as a wildlife, eco-tourism, cultural and conference destination that is attractive to a high-value market. 
 Capacity building – Developing systematic, high 
quality training, to create a skilled workforce in 
value jobs at every level of the tourism and hospitality industry.  
 Communities and MSMEs – Providing support 
to MSMEs, ensuring that they have the capabilities and capacities to enter the tourism value chain, while also ensuring that 
communities contribute to and benefit from the 
tourism industry. 
 Access to Rwanda as a destination – Ensuring  WT/TPR/M/271/Add.1 
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that international tourists have minimal hassle in 
their journey to Rwanda in terms of air and land 
access, as well as in Visa and other requirements. 
 Framework of regulation – Establishing and 
maintaining regulation that enables the tourism industry to develop in a fast yet sustainable manner. 
 Infrastructure development – Prioritising the 
provision of infrastructure within the DMAs and their associated corridors. 
 Land – Enabling tourism investments through 
ensuring the availability and security of land tenure for development. 
 Environmental sustainability – Ensuring that the 
tourism sector is planned and developed to the 
benefit of future generations of Rwandans, in 
terms of the sustainability of resource use, the protection of wildlife and the environment. 
 Investment and financing – Developing incentives 
and a financial architecture that supports investment 
in the tourism industry. 
 
Canada Annex 3, Rwanda, Section 
II:  Trade and Investment Regimes: (4) Investment Regime: paragraphs 44 & 46, Page 287 In paragraph 44, it states:  "Land is owned by the State, 
but both foreign and local investors may acquire land through lease-hold agreements of up to 99 years.", however, in paragraph 46, it discusses the payment of property taxes (including for land).   
 
Could Rwanda please clarify if foreign investors are 
able to buy land in Rwanda?   Definitely, there is no discrimination on acquiring 
land in Rwanda, foreigners as Rwandans can buy 
and own it.  
 
Annex 3, Rwanda, Section II: Trade and Investment Regimes: (4) Investment Regime: paragraph 44, 
Page 287 
 With respect to the US$25 0,000 minimum investment 
requirement for foreign investors, could Rwanda please clarify if there is a different threshold for domestic investors to qualify for tax and other incentives and if 
so, the value of that threshold?   
 Similarly, could Rwanda please clarify that foreign investments under US$250,000 are still allowed, but that they are not eligible for incentives?  The US$250.000 is set for Foreign investors while the set threshold is US$100,000 for local investors and COMESA citizens. Yes, all investments under that threshold are allowed WT/TPR/M/271/Add.1 
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but are not eligible on incentives. 
 
European 
Union WT/TPR/S 271/RWA/ 
(Annex 3)   
I- Economic environment  
(4) Investment performance Page 281, paragraph 25 and page 289, paragraph 56 and page 332, paragraph 303   
 "Although the increase in FDI reflects partly economies 
of scale in the EAC member states, its low level in Rwanda also reflects its still-high business costs. 
Despite improvements in business environment, local 
and foreign private investments remain low because of inter alia high transportation costs and poor IT performance. In addition, there have been complaints that the rapid regulatory changes were made out without sufficient consultation."  
 
The EU notes that a useful summary of investors' concerns can be found in a recently concluded UNCTAD FDI study ("A study on foreign investors' perceptions of Rwanda, Ge neva, October 2012"). The 
UNCTAD FDI study mentions:  
· Lack of/unclear decision-making (for 
59% of respondents this was an issue) 
· Tax processes, tax enforcement (55%) · Understanding of business process 
(48%) 
· Land availability and allocation process 
(45%) 
· Skills in mid-low ranks of labour force 
(45%) 
· Enforcement, interpretation of laws 
(41%) 
· High cost of doing business (41%) 
 The EU understands from the above that investors perceive that there is, among other issues, insufficient 
information available on land availability and allocation 
process.   
The EU is interested to know what measures, if any, the 
government intends to take to remedy the situation?  
The GoR is committed to continue improving the 
investment climate and continue to deliver an ambitious business reform agenda.   The Ministry of trade commissioned the FDI study 
conducted by UNCTAD and findings were presented 
to the PSWG including the development partners in October 2012. The FDI study acknowledges that the country's vision and policies are on track for investors. Further consultations will take place with the private sector. 
The PSWG agreed with the findings of the study and  WT/TPR/M/271/Add.1 
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they will be submitted to Cabinet for approval. Some 
of the recommended actions include:  
•Better coordination among government institutions •Use the newly launched PPD platform to listen to investors •Better aftercare services including advocacy and 
investor complaints handling 
•Business intelligence •Improved FDI statistics and contact monitoring  On land availability: The Kigali Special economic 
zone and other zones have been established to 
address the land problem (Rwamagana and 
Bugesera industrial zones identified, already in place to accommodate manufacturing plants and other industries).   
On energy: various mechanisms are being adapted to 
lower the cost of energy in Rwanda and they include: 
Encouraging efficient use of energy through the application of possible efficient technologies, Reviewed investment code with less burdening, 
contractual and licensing process to attract 
more private investment in the energy sector Development of domestic renewable energy sources in order to increase energy supply and progressively phase out power generation from diesel 
  
On transport: A number of projects are in the 
pipeline to reduce on costs of transport. The construction of the New Bugesera International Airport is expected to boom the transport sector by 
increasing traffic inflows to in the country thus 
boosting trade in Rwanda and the region as a whole. Plans are underway to have a major railway line linking Rwanda to Tanzania. This US$ 4.7 billion dollar project will connect Kigali to Isaka and is part of a wider project that will link Burundi and 
Rwanda to the Tanzanian port of Dar es Salaam.  
The objectives of investing in this project is to eventually reduce non-tariff barriers to trade especially transport costs and delays caused by road transportation (weigh bridges etc). The northern 
corridor linking Rwanda-Uganda to Kenya is 
currently under rehabilitation to avoid any hindrances that affect businesses in the region, this is a joint effort done by the three partner states.   
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On the businesses processes: 
A number of online business portals have been 
established i.e. 
The e-regulations portal 
Business licensing portal and many others.  
On skills in mid-low ranks of labour force: Rwanda 
is implementing a very ambitious TVET program to 
resolve the issue of skills in the medium to long term. 
 
On unclear decision making process: Rwanda 
decided to establish a Ministerial Consultative 
Committee to take decision on issues involving more 
than on institution to take a decision. 
All these are aimed at creating awareness among the 
population both within and outside Rwanda  All these are aimed at creating awareness among the population both within and outside Rwanda. 
 
III Trade policies and practices by measures 
(2) Measures directly affecting imports (i) Registration, custom procedures and valuation Page 292, paragraph 71 states "However, despite improvements, cross-border 
trade still encounters difficulties due to poor 
infrastructure, weighbridges, and lengthy bureaucratic procedures."  The EU also notes that according to World Bank "Doing Business Data" the costs are the most important issue - it costs 50% more to import a container to Kigali than to Kampala. Time wise a 
container takes fewer days to arrive in Kigali.   
 
The EU is keen to know what measures are considered 
to reduce red tape and whet her bilateral agreements to 
reduce NTBs with Uganda and Tanzania are considered 
more effective ways as a first step to improve business 
climate? 
 
Bilateral agreements are a new approach that seeks 
to compliment regional efforts to eliminate NTBs and improve business climate. Joint technical 
committees have been set up and working together to 
evaluate progress and report challenges encountered. This approach seems to be effective and as a matter of fact, 7 NTBs between Rwanda and Uganda have been resolved since the bilateral meeting held in 
January 2012 between the two countries. Similarly, 
in October 17
th 2012,  Rwanda and Tanzania signed a 
bilateral MoU for the elimination of NTBs.  
 
III (4) Measures affecting 
production and trade (iv) State trading reads "It seems that since the previous Review of 
Rwanda in 2004, tea factories have been privatized, as well as the Rwandatel".   WT/TPR/M/271/Add.1 
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enterprises, state ownership 
and privatization 
Page 309, paragraph 170 The EU is interested to know the exact situation in the 
tea sector and which tea factories are privatized 
including the exact status of the ownership of Rwandatel. 
 
Tea factories: The current situation is that all 11 
factories have been privatized and other 5 new 
factories that are under construction are 100% private. The Government of Rwanda has sold 60% shares to private investors, 10% to farmers and still maintains 30% in most privatised tea factories. Discussions are underway to sell the remaining 30% 
shares to farmers or through listing to the capital 
market.   Status of the ownership of Rwandatel: In 2005, the 
Government of Rwanda under its privatization 
programme sold its 99% shares in Rwandatel to 
Terracom sarl. In accordance with the Government's Telecommunications framework entailed, in vision 2020, it entered into negotiations with the 
shareholders of Rwandatel and mutually reached an 
agreement for the re-possessi on of the said shares 
and at same time purchase 100% shares of Terracom. The Government bought 80% of the shares and the remaining 20% were sold to Social Security Fund of Rwanda (SSFR). 
 
In 2007 Privatisation Secretariat handed over government shares of Rwandatel to LapGreen. This Libyan firm won a bid to take over 80 percent shares in Rwandatel. 
 
On April 2011 due to non-compliance with its license obligations related to investment plan, coverage, Roll out Plan and Quality of Services Rwanda Utilities Regulatory Agency revoked Rwandatel's telephone license. 
The Commercial Court of Nyarugenge declared 
Rwandatel to be insolvent and nominated the administrator in August 2012. The ruling spelled out the specific roles and responsibilities of the administrator, which included total management of 
all the company's assets and accounts.  
The court also gave him powers to supervise Rwandatel's day-to-day business and oversee the 
expenditure and payments of its debts, taking of loans and giving of company assets as guarantees for 
loans, on behalf of the company. The administrator WT/TPR/M/271/Add.1 
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will also provide periodical reports when asked to 
the commercial court of Nyarugenge. 
 
IV- Trade policies by 
sectors 
 
(3) Mining and energy  Page 325, paragraphs 264 and 265 regarding exports of minerals 
 The EU is under the impression that some figures are 
undervalued and do not reflect reality on the ground. It 
should be noted that the increase in cassiterite (+70% in 
volume, +130% in value) is striking.   
Can the  Government of Rwanda please indicate how it 
sees the development of the minerals sector continuing to represent a high share of the country's exports (about 
33%) in the perspective of th e entering into force of the 
Dodd Franck Act provisions of conflict minerals (2012)?  
 
 Rwanda is implementing the transparency 
scheme with ITRI (International Tin 
Research Institute)  for the last one and half 
year 
 This scheme is audited by Channel Research 
every year. 
 Investment in this sector is steadily 
improving with an average growth of 10% every year since 1999 
 
Rwanda will continue to improve traceability of all minerals to ensure that mi neral exports are conflict-
free as is currently the case. 
 
India Secretariat Report 
(WT/TPR/S/271) 
Page A3-340, 
paragraph 340   New Artel is granted subsidies from the UAF to provide 
universal access services. 
 
Could Rwanda provide details of these subsidies, associated conditions and how they reach to the end users?  
In the ICT sector, the GoR decided to promote and 
implement the concept of Universal Access through 
the UA Presidential Order 05/01 of 13/03/2004, which established the Universal Access Fund (UAF) with the objective of accelerating the use of ICTs in the country. The Regulatory board of RURA 
manages this UAF. The UAF provides finance for the 
extension of universal access and the spread and take-up of ICTs in designated areas of the country. It complements and integrates with the overall NICI policy framework for Rwanda.   
The principal objective of the fund is to facilitate the  WT/TPR/M/271/Add.1 
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provision on affordable terms and with minimum 
subsidy, of the widest possible access to ICT service 
(Voice and Data) by the general public in all parts of the Republic. In accordance with Article 28 of Law n° 44/2001, the Fund shall, without excluding other contributions, be financed with contributions made 
by Public Operators, who shall pay an annual 
amount of money equivalent to 2% of their Turnover. Universal Access fund focuses on Data penetration by connecting institutions in rural and remote areas. Where Fibre is not available, VSAT technology is 
used. The current trend is to switch from VSAT 
connectivity to Fibre Optic in area where Fibre is available.  In June 2012, all districts in rural areas, immigration 
services at borders, National Police, High schools, 
telecentres switched to fibre whereby out of 179 Sites subsidized by Universal Access, 112 sites have already switched to Optic fibre.  
Contribution of Universal Access Fund to achieve 
broadband penetration  
Universal access fund in collaboration with other 
institutions is implementing following projects: 
 Support ICT Literacy in rural area by 
providing support to E-ICT in establishing e-learning and e-service centres in rural as a 
means to providing access to affordable ICT 
services to rural communities which is in line with the leadership vision of transforming the country into a knowledge based society. 
 Affordable access to Internet services for 
wider penetration of ICT services in rural 
area for private and public institutions.  This 
is done by subsidising bandwidth acquisition to the rural communities where fibre is not yet operational. 
 Equal Access and Equal Opportunity to 
Information by providing ICT support to 
people with Disability. 
 Increase broadband penetration and usage in 
rural area by supporting Wireless Broadband Solution in rural area (support of last mile solution and extension of connectivity from Fibre backbone).  
How the fund reaches to the end users? 
The beneficiaries of this fund are telecentres, health WT/TPR/M/271/Add.1 
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systems, districts, Universities, Hotels, and other 
institutions serving in rural areas and on the community level.  Needs for universal access are 
identified and approved by the regulatory board 
thereafter tender offers are given to telecommunication operators to bid.  Currently the regulatory board has an MOU with New Artel to implement the bandwidth Cost reduction and Increase Access. 
 
Page 40, paragraph 163 
 For Burundi and Rwanda, Tariff rates under EAC 
Common External Tariff (CET) exceed their WTO 
bound levels for several lines, as CET was decided prior to Burundi and Rwanda joining the EAC.  Could Rwanda and Burundi indicate the steps being 
taken by them to bring their tariffs in conformity with 
their WTO bound level and the proposed timeframe for the same?  
As Least Developed Landlocked countries with very 
high trading costs, membership of the EAC is vital to 
reducing Rwanda's trading costs and ensuring access to both regional and international markets.  Rwanda joined the EAC Customs Union from 1
st July 2009 
and they are implementing the CET.   
Rwanda intends to enter into consultations with 
other WTO Members in order to address this situation.  
 
Page A3-309, 
paragraph 166  The investment certificate issued by RDB is a 
prerequisite for benefitting from the incentives under Rwanda's Law relating to Investment and Export 
Promotion and Facilitation. One of the criteria used by 
RDB in evaluating investments is use of local raw material.    Could Rwanda provide details of the criteria used by the Rwanda Development Board (RDB) in evaluating 
investments when issuing an investment certificate? 
Could Rwanda elaborate how it is meeting obligations under the WTO Agreement on TRIMs and Agreement on Subsidies and Countervailing Measures, in view of the incentives contingent upon use of local raw material. 
 
Some of criteria for investment project evaluation 
 Level of investment (investment value for 
local investor is US$100,000 and US$250,000 
for foreign investors)  WT/TPR/M/271/Add.1 
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 Non trading activity 
 Creation of quality jobs 
 Transfer skills and technology 
 Use of local raw materials 
 Potential for export 
 Potential to create backward and forward 
linkages 
 Innovation and creativity 
 
The use of local raw materi al criteria when assessing 
investments does not at all introduce any discrimination between and imported raw materials. 
The idea is simply to encourage investors to value 
addition opportunities available in the country to create jobs and revenues for Rwandans. Rwanda is meeting WTO agreement on TRIMs and agreement on Subsidies and Countervailing Measures as the 
Rwanda Investment Code provides exemption 
facilitation on imported raw materials, so there is balance between the two as we understand local raw materials might not be sufficient. Again, Under EAC CET all raw material and capital goods are taxed at 
zero rates. 
Page A3-313, paragraph 191 
 Compulsory licences may be granted, for example, if a 
patent invention is insufficiently used. 
 Rwanda may kindly elucidate on the interpretation used in its laws regarding 'insufficiently used' with reference to whether importation is considered to be use.  Article 47 of the Rwanda IP law states that : 
3. There is insufficient use where a patented 
invention is not available  in sufficient quantities or quality or reasonable prices in Rwanda , either through manufacture in 
Rwanda or through importation; 
4. If the patent owner is abusively exercising 
his/her exclusive or neglects to take measures to prevent his/her license from abusively exercising the licensed exclusive rights; 
 
If the invention claimed in a "subsequent patent" cannot be used in Rwanda without infringe a "previous patent". 
 
United 
States REPORT FOR RWANDA, 
ANNEX 3 (WT/TPR/S/271/RWA) 
 
II. TRADE AND The Secretariat report notes that a large number of 
Rwanda's notifications remain outstanding.    
Please explain what steps Rwanda is taking to bring its 
WTO notifications up-to-date. WT/TPR/M/271/Add.1 
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INVESTMENT REGIMES 
(3) TRADE AGREEMENTS  
 
Page A3-286, paragraph 41 Rwanda has appointed officers in charge of 
notification officer in the Ministry of Trade) and 
Enquiry points (on Animal Health, Plant Health – 
both from Ministry of Agriculture, food safety – 
Ministry of Health and TBT- from Rwanda Bureau 
of standards) that will be dedicated to fulfil WTO 
notification obligations. In July 2012 training was 
provided by WTO Expert aimed at improving the 
day to day running and operationalization of the 
National Enquiry Points (NEPs) and Notification 
Authority to effectively fulfil all the transparency 
provisions of WTO Agreements including 
outstanding notifications. 
  
The recent establishment of WTO Reference centre 
(Sept 2012) in the Ministry of Trade is an 
opportunity for Rwanda, as the centre will be used 
by Enquiry points to fulfil Rwanda's notification 
obligations.  
III. TRADE POLICIES AND PRACTICES BY 
MEASURE 
 (2) MEASURES DIRECTLY 
AFFECTING IMPORTS  
(ii) Tariffs  
Pages A3-294, 
paragraph 80 and A3-358, Table AIII.1 According to the Secretariat report, Rwanda's applied 
MFN tariff rates exceed their bound levels on 263 lines 
at the HS 8-digit level, of which 121 are textile products.     What steps is Rwanda taking to bring its applied tariffs, 
including those on textile products, within the WTO 
bound levels?  Are all of Rwanda's tariffs in line with 
the EAC eight-digit HS CET?    
Rwanda intends to enter into consultations with 
other WTO Members in order to address this 
situation. 
 All Rwanda's tariffs are in line with the EAC eight-digit HS CET  
(iv) Import prohibitions, restrictions, and licensing  
Page A3-296, 
paragraphs 93-97 In paragraph 96, the Secretariat states, "Rwanda notified 
that it does not apply import licensing procedures and has no law or regulation relevant to the Agreement on 
Import Licensing Procedures.  However, import 
permission is required from relevant ministries/agencies for imports of certain products."  In paragraph 97, the Secretariat advises that,   "The authorities state that there is no consolidated list of restricted items, but new 
laws restricting imports are circulated immediately to 
Customs to implement."    Please clarify why Rwanda does not consider this import permission for certain products to be an import  WT/TPR/M/271/Add.1 
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licensing procedure as defined by the WTO Agreement 
on Import Licensing Procedures?   
 
Rwanda's prohibitions and restrictions are governed 
by the second and the third schedule of the EAC CMA, 2004. However, some products depending on 
its effects require approval from relevant ministries 
using domestic laws. These products are fertilisers (approval from the Ministry of Agriculture) , explosive products (approval from Rwanda Natural Resources Authority), palm oil (approval from Rwanda Bureau of Standards), live 
animals and fish (approval from Rwanda 
Agriculture Board),  metal work equipment (approval from Rwanda Utilities Regulatory Agency) and pharmaceutical products (approval from the Ministry of Health) 
 Does Rwanda plan to submit a revised notification of 
such procedures to the Im port Licensing Committee in 
light of the WTO Agreement on Import Licensing Procedures? 
 
Yes, Rwanda will submit a revised notification in 
light of the WTO Agreement on Import Licensing Procedures. 
 
Page A3-302, 
paragraph 133 The Secretariat notes that under Rwanda's Special 
Economic Zone (SEZ), all economic activities are allowed in the SEZ with a few exceptions.  
 
Please describe the procedure by which a company must apply to operate in and receive benefits under the SEZ. Is eligibility contingent upon whether a company exports its goods?  
 
Eligibility of operating in SEZ: 
Users allowed to conduct business in Rwanda Special 
Economic Zones will be categorized depending on the purpose and nature, whether multi or usage of a 
special economic zone. Three  categories of users will 
be allowed to operate their activities in Rwanda SEZs as follows: • New investments (green fields),  • Expansions/reinv estments, and  
• Relocations (e.g: companies relocating from 
Gikondo Industrial Park to Kigali SEZ)     
 
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User requirements 
 
Required Documents 
Corporate Documents 
(1) Copy of certificate of incorporation 
(2) Articles of Incorporation/Bylaws/Memorandum 
of Association  
(3) Instrument of appointment of current board 
members, chairman and CEO  
(4) Legal instrument setting the signatory rights 
(5) List of shareholders with respective shareholding 
(6) Corporate instrument authorizing the 
investment in the Zone (i.e. shareholders' resolution, board resolution, etc.) 
 
Documents and information in  case the application is 
for a Zone User: 
detailed description of the planned economic activities .
valid business-registration certificate; 
verified financial resources and funding plans;  
business plan and a preliminary feasibility study.  
action plan including the proposed timeframe to commence activities; and Audited balance sheets if the company was incorporat
e
for more than a year. 
Any other document or information that SEZAR 
deems suitable to protect the public interest, health, safety, and welfare of Rwanda provided such factor is clearly published and applicable to all Zones Users application. 
 
(3) MEASURES AFFECTING 
PRODUCTION AND TRADE  
(i) Incentives  Page A3-303-304, paragraph 142 According to the Secretariat, Rwanda provides 
incentives for investors of certain types of projects. 
When evaluating whether an investment qualifies for incentives, the government ta kes into consideration, 
inter alia, the project's "use of local raw materials" as well as its "potential for export."    
As some of the benefits under the program appear to be 
contingent upon the use of domestic over imported goods, please explain how Rwanda views this program in light of Article 3.1(b) of the SCM Agreement. 
 
Yes, the potential of export revenues generation and 
use of available local raw materials is among other criteria of eligibility of a project. However there is no contingency as on the other hand the investment law provides exemption facilitation on imported raw materials, so there is balance between the two as we 
understand local raw materials might not be  WT/TPR/M/271/Add.1 
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sufficient 
 
On the incentives and eligibility criteria to operate in Special Economic Zone, IFC is providing Technical Assistance to update our policy. 
 
(vi) Intellectual property 
rights 
 
Page A3-313, paragraph 189 The Secretariat report states that Rwanda is currently 
preparing a "special related law" that will protect 
traditional knowledge and folklore.   
 By "special related law" does the government mean that the law will be sui generis ?  What is the status of this 
law in the legislature?    The preparation of the "special related law" is still at its early stage and consultancy is still ongoing to determine the appropriate instrument for protection of traditional knowledge. 
 
Page A3-315, 
paragraph 204 The Secretariat report indicates that the use and 
management of copyrights, rights of performing artists, 
of phonogram producers and of broadcasting 
organizations are entrusted to one or more private companies for the collective management of copyrights and related rights.    
Can individual rights owners license the use of their 
works themselves as opposed to  through the collective 
management organization?    
There is currently one collective management 
society- The Rwanda Society of Authors. It is a 
private company that comprises four associations, music, literature, cinema, visual art.  Yes, Individual Rights owners can still license and protect their works outside of the RSAU. 
 
Page A3-316, 
paragraph 208 The Report states that, since 2008, the Commercial 
Court branch of the High Court of Rwanda has 
jurisdiction over IP cases but that the court has yet to receive an IP case.    Do foreign stakeholders have the right to initiate IP 
cases in Rwanda?  
 
Foreign stakeholders have the right to initiate IP 
cases in Rwanda. The Commercial Court has started handled 7 IP Cases so far including cases brought by 
foreign parties. WT/TPR/M/271/Add.1 
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  THE SECOND JOINT TRADE PO LICY REVIEW OF THE EAC 
TANZANIA 
 
WTO 
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Australia (V) Sector Development 
(vi) Energy and Minerals 
Page 73, paragraph 74 
 Notes the goal of increasing current power generation 
from 1270MW to 1788MW by 2015. 
What are Tanzania's plans to increase power? 
 
Response 
 Tanzania has a Power Sector Master Plan  (2006 – 
2031) which is under implementation.  The Plan has a total of over 6,000MW which is expected to be 
generated from diversified power sources. A total of 
1,375.74MW have been installed as at June 2012 was, which was 36% increase from the installed capacity as at June 2011. 
 Projects to be implemented under the Plan by 2015 
include Mnazi Bay and Songosongo Natural Gas Processing Plant and a 532km transportation 
pipeline and infrastructure. The project is expected 
to generate 990MW when completed in 2014 and 2,785MW by 2015. The combined power generation (existing pipeline and ge nerators) will have over 
3900MW capacity. 
 Other power projects planned to be completed by 
year 2015 include Somanga Fungu Gas Power Project (320MW); Mchuchuma Coal Project (300MW); Ngaka Coal Project (200MW); Kiwira Coal Project (200MW); Ruhudji Hydro Power Station Project (358MW) and Rusumo Hydropower Station Project (75MW). 
WT-TPR-S-271 TZA Tanzania – Annex 4 (IV) Trade Policies by 
Sector 
(5) Services (IV) Transport  Could Tanzania please elaborate on the implementation 
of the ten-year Transport Sector Investment 
programme? 
 
Response 
 The ten-year Transport Sector Investment Programme 
(TSIP) which commenced in 2007 provides a roadmap for achieving transport-related goals.  It is being implemented in two phases. The Government is 
currently implementing a second phase of the 
programme which involves the following:- 
 
o Strategic interventions in marine transport to 
expand cargo volume handling capacities of Tanzania's sea and lake ports which include  WT/TPR/M/271/Add.1 
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among others constructi on of Berth 13 and 14; 
dredge entrance channel at Dar es Salaam Port; 
replacement of Single Point Mooring pipeline; and construction of four additional silos.  
o Strategic interventions in road transport through 
direct investment to roads leading to areas with 
highest economic potentials as well as roads with greater advantage for regional integration.  This includes among others, construction and rehabilitation of 1,197km on the Western Road Corridor; and carry out feasibility study and 
detailed design to 3,102km of roads. 
 
o Strategic interventions in rail transport involve 
rehabilitation of the existing railway lines i.e. central railway and TAZARA lines. 
  
o Strategic interventions in air transport to expand 
Tanzania's air cargo and passenger freight handling capacities.  Planned activities include among others constructi on of new terminal 
building at the Julius Nyerere International 
Airport; and construction of Songwe International Airport.  
Canada Annex 4, Tanzania, 
Section IV Trade Policies by Sector: (2) Agriculture related activities; (II) Institutional and Policy 
Framework: 
paragraph 204, page 438  Paragraph 204 explains that under the Kilimo Kwanza 
(Agriculture First ) initiative the Government envisages 
increased interventions in food markets including price stabilization mechanisms.   Could Tanzania please provide more details on the types 
of price stabilization mechanisms envisaged and the 
specific products likely to be targeted? 
 
Response: 
 Tanzania price stabilization mechanisms include:- 
o Warehouse receipt system whereby farmers are 
encouraged to collectively store their crops in approved warehouses. Crops that are stored in warehouses are used as collateral by commercial banks. The banks are willing to pre-finance crop 
buying to the tune of 70% of the expected 
selling price. With this level of pre-financing, farmers are able to wait for better prices. Crops that are already using the system include cashew nuts, coffee, sunflower, paddy and to lesser WT/TPR/M/271/Add.1 
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extent maize. 
o Promotion of contract farming. This is being 
implemented in cotton, sugarcane, and vegetable 
crops. 
Annex 4, Tanzania, Section IV Trade Policies 
by Sector: (2) Agriculture related activities; (II) Institutional and Policy Framework: paragraph 211, page 439 
 Paragraph 211 describes increasing Government 
attention and funding for agriculture research and 
extension services. Canada str ongly supports this policy 
direction that can help to improve productivity and competitiveness in agriculture in a sustainable manner.  
 
Could Tanzania please explain what steps the 
Government is taking to address the growing demand 
for extension services in the agriculture sector? 
 Response 
 The Government has increased pre-service 
enrollment in its mid-professional Agriculture 
colleges – Ministry of Agriculture Training 
Institutes (MATI). Gradua tes from these colleges 
(certificate and diploma holders) are directly employed by the Government through the Ministry of Agriculture, Food Security and Cooperatives.   
 The Government subsidizes private colleges so as to 
increase the number of enrolment and the number of extension officers under the Government terms.  
 
Annex 4, Tanzania, 
Section IV Trade Policies by Sector: (2) Agriculture related activities; (II) 
Selected Products; 
(A) Crops: paragraph 216, page 440 Paragraph 216 refers to the heavy tax burden on 
agriculture production and exports.  Could Tanzania please describe in more detail what measures its Government is taking to address this issue? 
 
Response 
 The Government through the Ministry of 
Agriculture conducted a review of incentive structure for Investment in the Sector. The review has examined different taxes in the sector, including produce cess and come up with the report 
recommendations which include:  
o Review of produce cess in order to reduce 
tax burden in the sector.  
o The government has prepared a roadmap for 
improving business environment. The  WT/TPR/M/271/Add.1 
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roadmap identifies the different business 
challenges including taxation in agricultural 
sector.  
o The implementation of roadmap has started 
and some business obstacles has been dealt with including easy for paying tax and 
review for different fees for export of 
agricultural products (Currently Tanzania is reviewing its Plant Protection Act1997 and its Regulation of 1999 which comprises various inspection and certification fees. 
 The Government is as well reviewing the national 
trade policy where heavy tax burden in agriculture is 
among the key issues to be addressed. 
 
China Government Report  
Page 62 (paragraph 13)  Five core priorities have been targeted under the plan's 
strategy to unleash Tanzania's latent growth potentials.  They include: Infrastructure, and in particular large investments in energy, transport infrastructures (port, railway, roads, air transport), water and sanitation and 
ICT. 
 
Could the Government of Tanzania kindly explain what 
kind of measures would be adopted to improve the 
transportation infrastructures? 
 Response: 
 
The ten-year Transport Sector Investment Programme (TSIP) which commenced in 2007 provides a roadmap 
for achieving transport-related goals.  It is being 
implemented in two phases. The Government is currently implementing a second phase of the programme which involves the following:-  
o Strategic interventions in marine transport to 
expand cargo volume handling capacities of 
Tanzania's sea and lake ports which include among others constructi on of Berth 13 and 14; 
dredge entrance channel at Dar es Salaam Port; replacement of Single Point Mooring pipeline; 
and construction of four additional silos. 
 
o Strategic interventions in road transport through 
direct investment to roads leading to areas with highest economic potentials as well as roads with greater advantage for regional integration.  
This includes among others, construction and WT/TPR/M/271/Add.1 
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rehabilitation of 1,197km on the Western Road 
Corridor; and carry out feasibility study and detailed design to 3,102km of roads. 
 
o Strategic interventions in rail transport involve 
rehabilitation of the existing railway lines i.e. central railway and TAZARA lines. 
 
o Strategic interventions in air transport to expand 
Tanzania's air cargo and passenger freight 
handling capacities.  Planned activities include among others constructi on of new terminal 
building at the Julius Nyerere International Airport; and construction of Songwe 
International Airport.  
Other questions The Chinese Govern ment was informed that the 
clearance and services fees are too expensive for the 
casting tube products.  The total cost per TEU exceeds 1500 US dollars, which greatly increase the cost for companies.   Please indicate whether the Government of Tanzania 
plans to take measures to re duce the cost for clearances 
and related services? 
Response 
 Most of importers suffer high clearance and storage 
charges as a result of late lodgement of clearance documents.  Tanzania's Government, through its 
bodies involved in clearan ce processes, encourages 
all importers to use the pre-arrival clearance system available to fasten clearance of goods and reduce clearance costs. 
European Union WTO secretariat report 
S 271-5/TZA, Annex 4  
II Trade and investment 
regime  (1) General framework Paragraph 43, page 399 
 In case of inconsistency between national law and 
treaties/international agreem ents, the former prevails. 
The Constitution is the supreme law in Tanzania; it is 
followed by principal laws (which include domesticated 
international laws and conve ntions); and subsidiary 
laws/regulations.
5 " 
 
EU would like to know whether any cases of 
inconsistency between national law and EAC law have 
been reported and, if so, how  have they been resolved. 
 
  
                                                      
5 Information provided by Tanzanian authorities.  WT/TPR/M/271/Add.1 
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Response: 
 In case of any inconsiste ncy between national law 
and EAC Law, Article 8 pa ragraph 4 and 5 have to 
come into play. Paragraph 4 directs that in case of such conflicts, EAC laws sh all prevail. Paragraph 4 
provides: - "Community organs, institutions and 
laws shall take precedence over similar national ones 
on matters pertaining to the implementation of this 
Treaty." 
 Paragraph 5 provides: "In pursuance of the 
provisions of paragraph 4 of  this Article, the Partner 
States undertake to make the necessary legal 
instruments to confer precedence of Community 
Organs, institutions and la ws over similar national 
ones". 
 
NB: Article 8 paragraph 4 and 5 of the treaty for establishment of the East African Community.  
 III Trade policies and 
practices by measures 
(1) Introduction, IPR 
legislation Paragraph 65, page 406 "Mainland Tanzania is currently developing an IPR 
policy and revising its IPRs laws in order to consolidate 
them and make them fully TRIPs compliant; the new 
law will cover all IPRs, including geographical 
indications, which are not currently regulated"  
Could Tanzania please give to the EU some indications 
as to the projected timeline for achieving the above 
mentioned goals? The EU would like to know if there is 
any estimation as to the timeframe for using EU 
technical assistance provided in this sector. 
 
Response 
 Tanzania as one of the LDCs is not obliged to be 
fully compliant in implementing the TRIPS Agreement.  
 However, IPR Policy background papers and policy 
framework have been developed.  The Government plans to finalize drafting and disseminating popular 
version of the draft policy by early 2013.  The 
Government envisages use of EU technical assistance in this sector in the next financial year in order to build institutional capacity in the IPR area. 
 
(2) Measures directly affecting imports (i) Registration, custom "Tanzanian standards generally  follow international or 
regional norms.  By end 2011, Tanzania had 1,485 standards (510 compulsory and 975 voluntary).  Since WT/TPR/M/271/Add.1 
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procedures, and customs 
valuation (vii) Standards and other 
technical requirements, 
standards  Page 405, paragraph 63 and page 413, paragraph 101 -Standards and mutual recognition 
within EAC July 2009, Tanzania has made 44 notifications of 
technical regulations to the WTO.  Tanzania's sanitary and phytosanitary (SPS) system did not undergo major 
changes during the review period.  Improving 
enforcement capacity, agency coordination, and information and notification mechanisms are some of the key challenges in the SPS area.  No SPS notifications have been made to the WTO." "According to the authorities, Tanzania has not entered into any 
mutual recognition agreements.  Nevertheless, in the 
context of the EAC, EAC members are required to recognize each other's certification marks, as provided by the EAC SQMT Act, 2006 [Common Report, Chapter III(1)(viii)].  An EAC regulation to enhance 
recognition of certification marks has been approved and 
is expected to enter into force sometime in 2012.  Effective recognition of national certification marks remains a major challenge for EAC integration."   
 
The EU would like to know what measures are under 
consideration to remove th ese obstacles to intra EAC 
Trade at national /regional level. 
 
Response 
 The issues related to SPS in the region are expected 
to be sorted out once the EAC protocol on SPS is in 
place. EAC Protocol on SPS is expected to be in 
place by December, 2012. 
 Mutual recognition instruments for EAC are being 
prepared and regulations have been adopted by the Council and referred to Se ctoral Council on Legal 
and Judicial Affairs for legal input, after which they 
will come into force by the end of December, 2012.  
 Tanzania plans to develop a single window system 
at Dar es Salaam port which is expected to remove the need to engage multiple  institutions in checking 
the standards. The same system is expected to be rolled out to other entry points. 
  Tanzania's private sector has introduced MS and 
Online NTBs Reporting and Monitoring 
Mechanism. This helps the National Monitoring Committee for NTBs to get the reported NTBs on time and work to remove them. 
Page 406, paragraph 68 and paragraphs 72, 73   "Tanzania conducted time release studies (TRS) in 2005 
and 2009, which have served as a basis for monitoring customs clearance performance.  /…/ Implementation of  WT/TPR/M/271/Add.1 
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a pilot programme is under way for authorized economic 
operators at the EAC level. In Tanzania there are 54 
accredited AEO operators.  /…/ Clearance time for arrival of cargoes has improved however the cargo clearance time across land-border stations increased from 2 to 3 days… 
 
Can the Government explain th e origin of the increased 
clearance time that seems to be the consequence of the 
AEO system implemented in Tanzania? 
 
Response 
 The slight increase in clearance time experienced at 
the border stations was a result of establishing Central Data Processing Office (CDPO) in 2011 whereby all importation documents continue to be lodged and processed centrally to have in place uniform valuation and classification of imports.  
Most of stakeholders had no adequate knowledge on 
the new document handling system introduced by Tanzania Revenue Authority (TRA). However, the situation has now improved whereby the clearance time has gone down to one day as reflected in the 
July – September, 2012 TRA Time Release Study 
(TRS) quarter review report. 
 
Page 415, paragraph 109 and 111 on plant health related issues and in Government report and 
page 67 and 41 of 
Government report (G271) refers to the new and growing importance of horticultural crops as leading exports 
 "Overlapping responsibilities, and insufficient 
coordination among the institutions involved in food safety control, increases red tape and transaction costs to traders.  This is compounded by lack of resources, and 
insufficient testing infrastructure and inspection staff, 
and may result in long delays at border posts. 
6"Due to 
these shortcomings, Tanzania has suffered some outbreaks of plant pests and diseases (including cassava green mite, large grain borer in maize, banana wilt disease, and a variety of fruit fly that infests citrus and 
mango-growing areas). 
 
EU is interested to know if there are measures 
considered to reduce transaction costs and improve the 
situation for SPS issues and for plant health related 
issues in light of the succes s recorded for the fisheries 
sector. 
 
Response 
 The Government of Tanzania through the Ministry 
                                                      
6 World Bank (2012). WT/TPR/M/271/Add.1 
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of Industry and Trade formed the National SPS 
Committee in 2009 for the purpose of improving coordination on SPS issues and smooth 
implementation of WTO SPS Agreement. 
 One-stop shops/one stop border posts have been 
established in public and private sector offices/boarders, airports so that entrepreneurs, businessmen, traders and other stakeholders can obtain information and trade related licenses and certificates in one place.  
 The Government continues to strengthen SPS 
enquiry point at Ministry of Agriculture, Food Security and Cooperation and SPS Coordination mechanisms at Ministry of Industry and Trade through the Standard Trade Development Fund for the purpose of reducing transaction costs.  
 
IV Trade policies by sectors 
(3) Selected products Page 446-447  (c) Fisheries issues 
 
 The EU notes that the appropriate legal framework to 
control illegal activities on Lake Victoria exists in all the 
LVFO member states. The US $1.8 million campaign (code-named Operation Save  Samaki) was implemented 
with the support of EU assistance. (The EU through the IFMP project offered €200,000 to match the US 
$600,000 contribution from each LVFO Member State).  
It was agreed that the EU funds would serve for carrying out awareness activities and the LVFO funds for carrying out control measures. The EU notes that the intended control measures could not take place. The EU is of the view that any future financial support should be 
used to carry out the appr opriate control measures in 
collaboration with other pub lic institutions (like the 
Police & Judiciary) the private sector (like fish processors and exports & co-management units).   The EU is keen to know wh ether Tanzania considers any 
follow-up on the basis of the above statement in cooperation with Lake Victoria Fisheries Organisations states.  
 
Response 
 The Government of the United Republic of Tanzania 
appreciates the EU's contribution in this area. The Government will follow up to ensure that any future funds designated for control measures will be used for planned control activities. 
India Secretariat Report 
(WT/TPR/S/271) A wide range of regulations pertaining to the 
telecommunication sector, such as interconnection rates,  WT/TPR/M/271/Add.1 
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Page A4-461, 
paragraph 304 
 tariffs, competition, accounting separation, etc., have 
been passed since 2005. 
 
Could Tanzania provide some details of various 
regulations pertaining to the telecom sector passed since 
2006? 
 
Response 
 Regulations pertaining to the Telecommunication 
Sector include, among others, Quality of Service Regulations, 2011; Competition Regulations, 2011; Tariffs Regulations, 2011; and Mobile Number 
Portability Regulations, 2011.  
 More details available from the following address:  
www.tcra.go.tz 
 
Secretariat Report 
(WT/TPR/S/271) Page A4-470, paragraph 342  Investment in tourism activities (e.g. hotels and lodges, 
conference and eco-tourism, and tour operators and transport) is open to local and foreign investors, with a few exceptions, and several investment incentives are available. 
 
Could Tanzania provide some details of incentives 
available for investment in tourism activities? 
 Response 
 Incentives in tourism industry abide/comply with 
incentives provided by the Tanzania Investment Centre (TIC), which include VAT exemption on ground transport run by tour  operators; and facilitate 
fast-tracking in obtaining other permits such as residence/work permits, trading license etc.  
Page A4-448, 
paragraph 247 
 Tanzania provides a several incentives to mining 
companies within its territory.  
 
Could Tanzania provide details of the various incentive 
schemes available to mining companies and criteria for 
availing the same? 
 
Response 
 Importation equipment for exploration and mining 
are zero-rated.  More information is available at www.tic.co.tz and www.mem.go.tz  
 
United States REPORT FOR 
TANZANIA, ANNEX 4 (WT/TPR/S/271/TZA) The report indicates that that Tanzania has not submitted 
certain notifications to the WTO, including those under SPS and Article 25 of the SCM Agreement.   WT/TPR/M/271/Add.1 
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III. TRADE POLICIES 
AND PRACTICES BY MEASURE 
(2)
 MEASURES DIRECTLY 
AFFECTING IMPORTS  
Page A4-405, paragraph 63 and Table AII.1  
Please explain what steps Tanzania is taking to bring 
these and other WTO notifications up-to-date. 
 Response 
 Tanzania is willing to comply with its transparency 
obligations through notification despite the challenges it faces including low capacity in notification area. 
 The Government has started to train officers in the 
enquiry points (Agriculture, SPS, Services, and 
TRIPs) and National Notification Authority through 
WTO Technical assistance activities.  Tanzania's expectation is that the rate of notification will increase particularly in the outstanding notifications.  
(i) Registration, customs procedures, and customs 
valuation  
Page A4-406, paragraph 69 Please confirm whether Tanzania mandates the use of 
pre-shipment inspection activities, as defined by the 
Agreement on Pre-shipment Inspection, for imports 
other than used motor vehicles.   
 
Response 
 Pre-shipment inspection for used motor vehicles 
was for quality requirement purposes.  The pre-
shipment inspection for taxes purposes was 
abolished in 2004.  However, Tanzania Bureau of Standards has introduced Pre-export Verification of Conformity to Standards (PVoC) to ensure all goods imported into Tanzania which fall under 
compulsory list conform to standards set by TBS.   
 
 
When does Tanzania plan to notify the WTO Secretariat 
regarding its laws and regulations relating to pre-
shipment inspection?    
 
Response 
 Tanzania has started to train officers in the enquiry 
points and National Notification Authority through WTO Technical assistance activities.  The Government plans to notify the WTO Secretariat 
regarding its laws and re gulations relating to pre-
shipment inspection after the capacity has been built as explained above.  
(v) Import prohibitions, Tanzania has never submitted a notification to the WTO  WT/TPR/M/271/Add.1 
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restrictions, and licensing 
 
Page A4-410, paragraph 87  Agreement on Import Licensing Procedures.  The 
Secretariat Report states, "The importation of restricted 
products into Tanzania requires permits from the appropriate Government departments or institutions."    
In light of the WTO Agreement on Import Licensing 
Procedures, when will Tanzania make its notifications to 
the Import Licensing Committee in accordance with the 
Agreement?  
 Response 
 There is no requirement for import licence on 
importation of restricted goods. However, 
importation of restricted goods requires permits from respective regulatory authorities upon clearance of such imports.   
(vi) Contingency trade remedies  Page A4-411, 
paragraphs 91 and 92 The Secretariat report discusses the establishment of the 
Anti-Dumping and Countervailing Measures Advisory Committee (ACMAC), to conduct anti-dumping and countervailing duty investigations.  The report then 
mentions that the ACMAC has not yet been established.  
 
Can Tanzania provide a timeframe as to when the 
ACMAC is expected to be established or where any such 
consideration currently stands? 
  
Response 
 Tanzania enacted the Anti-Dumping and 
Countervailing Measures Act in 2004 is under review and the ACMAC will be established after the 
review process and approval by Cabinet and 
Parliament.  
(vii) Standards, testing, and certification  Page A4-417, paragraph 118 The report states, "Since 2005, Tanzania has prohibited 
the importation of poultry and poultry products to prevent the introduction of Highly Pathogenic Avian Influenza (HPAI)."     
What is the scientific justification for this prohibition?  
How does Tanzania view such a restriction on livestock 
in light of international obligations and OIE policy?   
 Response 
 The Government introduced a ban on the 
importation of poultry and re lated products to avoid 
the risks of spreading bird flu disease in the country.  
Due to inadequate capacity to analyse the level of WT/TPR/M/271/Add.1 
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the bird flu, Tanzania is willing to cooperate with 
any interested party which is ready to support capacity building in this area.  
(4) MEASURES 
AFFECTING PRODUCTION 
AND TRADE  
(v) Intellectual property rights  Page A4-432, paragraph 177 The Report states that the Republic United of Tanzania 
has signed the WIPO Performances and Phonograms 
Treaty and the WIPO Copyright Treaty.  However, the 
WIPO website does not name Tanzania as members of either Treaty.    
Please provide further information regarding Tanzania's 
plans to deposit its instruments of ratification/accession 
and advise if the Treaties' provisions have been 
implemented into domestic legislation, and if not, when 
Tanzania plans to implement the Treaties' provisions. 
 Response 
 The WIPO Performances and Phonograms Treaty 
and the Copyright Treaty were acceded after the enactment of the Copyright and Neighbouring Rights Act of 1999 which means implementation of the Provisions of these two Treaties were not taken on board in the Copyright Act.   
 The Government has prepared the draft amendment 
of the Copyright and Neighbouring Right Act and the Provisions of the said Treaties have been taken on board as per the South and East Africa Copyright Network (SEACN).  The ratification process is in progress and when ready will be   incorporated in the new Act.   
Page A4-432, 
paragraph 178 The Report indicates that Tanzania is currently 
developing an IPR policy and revising its laws in order 
to consolidate them and make them fully TRIPs compliant.   
Will there be an opportunity to comment on the draft 
copyright law before it is enacted?   
Response 
 Tanzania has a policy of inviting national 
stakeholders' to comments on draft laws before enactment.   
 
Does Zanzibar have plans to revise its copyright law in 
the near future? 
Response  WT/TPR/M/271/Add.1 
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 Yes.  The Revolutionary Government of Zanzibar 
has prepared a draft revised law which is line with 
the requirements of WIPO to be taken to the House 
of Representatives of Zanzibar. 
 However, the draft copyright law has been submitted 
to the WIPO for making integration of new development that has been reached in the field of copyright. 
Page A4-434, paragraph 188 The Report states "The Tanzanian Fair Competition 
Commission has taken action to fight counterfeits:  it has 
apprehended importers of fa ke products, and seized and 
destroyed counterfeit goods."     
Can Tanzania provide details about these actions?  Do 
the Tanzanian authorities prosecute these cases?  Can 
foreign rights holders bring enforcement actions in 
Tanzanian courts?  
 
Response 
 Tanzania  Merchandise Marks Act, 1963 (MMA) as 
amended in 2005, 2007 and 2012 empowers the 
Chief Inspector of the MMA to conduct summary 
trials to persons proved to be selling, storing 
,importing or manufacturing counterfeit products. This implies that the offe nder can be dealt with 
administratively by the Chief Inspector or tried in the Court of Law. 
 Counterfeit products, once proven, the offender is 
subjected to paying fine and the seized goods are destroyed at his/her own cost. Since its establishment, FCC has destroyed goods worth around TZS 3.8 billion.  
 Foreign rights holders can bring enforcement actions 
in Tanzanian Court through Police or FCC. However 
they have to prove to the relevant authorities that 
they have registered their Trademarks in Tanzania. In the same vein, they will become expert witnesses to a case.  
  
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  UGANDA 
 
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Australia (III) Sectoral 
Performance (2) Services Paragraph 25  Could Uganda please elaborate on its efforts to improve 
professional bodies to increase the potential for private sector self-regulation?  
Where there are professional bodies, efforts have been 
made to help them develop regulations and code of 
conduct and instil disciplines for good governance. Private Sector Foundation for Uganda (PSFU) has just concluded a project aimed at developing the capacity of associations including professional bodies. 
 
Page 80, paragraph 25 
 Notes that Uganda is devel oping various regulations and 
laws to facilitate liberalisation in services.  
 Which sectors are being prioritized for the liberalisation of services? 
Sectors being prioritized for liberalization of services 
include tourism, financial services and 
telecommunication.  
European 
Union WT/TPR/G/271 from 
page 77   I Introduction  Page 77, paragraph 4 and 
document 
S/271/UGA/Annex 5 page 519, paragraph 111 on export taxes "The Government has continued to embrace the policy of 
liberalisation which started in the 1990s.    The EU is aware of the President's recent statement announcing a ban on Iron Ore exports (related article: 
http://www.newvision.co.ug/news/636281-museveni-
opens-sh130b-steel-plant.html ).  
 
The EU would be pleased to know the rationale for this 
ban?  Uganda has attracted investors in the iron and steel 
industries which require iron ore as a raw material. As 
these industries increase production, their requirements for iron ore increase. The announcement was made in recognition of that particular requirement. However, no instrument banning the export of iron ore has been made and consultations are on-going to find 
the best way forward. 
 
Page 77, paragraph 5   "The government has continued to embrace the policy of 
liberalisation…including using trade as a tool for wealth creation and income distribution"   The EU fully supports this legitimate and valuable 
objective. However, the EU notes that trade financing in 
the overall budget represents far less than 1% of the national budget on an annual basis. The EU further notes that the development of trade policy to the Trade Ministry's  WT/TPR/M/271/Add.1 
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budget is almost exclusively financed by EU and Swedish 
support. 
 
The EU would like to know whether the government 
intends to give more priority to trade in its budget allocations following the IMF recommendation mentioned 
in the document S 271/UGA/ (paragraph 16 page 496 and 
paragraph 119 page 521) that call for further efforts to 
improve the tax base?   
 
Although the overall budget represents less than 1% of 
the national budget, Uganda has increased the budget 
allocated to Trade and Industry from shs16.98billion of 
which shs5.83b was financed by donors in 2011/12 to 28.47 billion in 2012/13, 10.27b financed by donors. In addition, 10.53billion was allocated to Uganda National Bureau of Standards in 2011/12 and 2011/13 
respectively while 12.74b was allocated to Uganda 
Industrial Research Institute for each financial year. The Government allocated 110m  for the District Trade 
and Commercial Officers as additional support grants to selected districts. This amount is expected to increase 
as the financial situation of the country improves.  
IV Uganda's trade policy 
Page 81, paragraph 29 - on the common market  The National Trade Policy is implemented along with the 
EAC Customs Union Protocol of 2004 and its annexes.  The EAC moved to a higher level of integration on 1 July 2010 when a Common market protocol was ratified.  The EU notes that the transition period for the full 
implementation of the common market is until 2015 .  
  
The EU wonders whether U ganda consider this roadmap 
considered realistic in view of EAC's experience on the implementation of the fully fledged customs union since 
2010? WT/S 271/UGA (Annex 5) 
 
We believe that the roadmap that has been developed is 
achievable despite the experience we have had in 
implementing the Customs Union. The 2015 
transitional period is in those sectors where commitments have been made, for example, the commitments under Annex 5 (Free movement of Services) of the Common Market Protocol. The Ministry of EAC is working with sector Ministries to 
ensure that the decisions taken are implemented. In 
addition, the EAC has developed a development Strategy 2011/16 which will guide Partner States in implementing measures and decisions that have been WT/TPR/M/271/Add.1 
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agreed on by the Summit. Mid- term reviews and 
evaluations will be done to guide different departments in implementing the different activities and obligations. 
The Government of Uganda with assistance from some 
donors have developed programs to support regional integration to promote maximum benefits from the process. For example Trademark EA, a DFID funded project is supporting government ministries and departments, including the private sector and civil 
society to participate more effectively in the EAC 
process and implement decisions accordingly.  
 
I- Economic 
environment  (4) Outlook 
 
Page 503, paragraph 35 and Government report G 271 P79 - paragraph 18 regarding 
petroleum deposits 
 The EU is aware that according to certain estimations, 
production may not start before 2016. For others, peak production is not likely to be reached for approximately ten years. Oxcarre Research Paper 90 estimated that oil 
revenues would only reach 5% of non-oil revenues by 
2026.  
In light of the above, the EU would like to know what other 
measures the government is to take in order to increase tax 
collection, much needed for the achievement of the government's strategy for poverty reduction and MDG ?  
 
The Government is committed to increasing the tax 
base especially through improvement of domestic resource mobilization and maintaining macro-economic 
stability and improving tax administration, which is 
expected to improve tax collection. The Government is supporting continuous structural reforms to improve revenue collection, roll out e-tax to reduce compliance tax and facilitate tax administration to reach informal 
sector players. 
 Improving domestic revenue collections will focus on expansion in the bases of taxation, reform of the structure of taxation and reorganisation of the institutions that administer taxes for improved tax 
collection such as URA, efficiency and compliancy. The 
NDP aim at increasing domestic revenue collection by 0.5% of GDP per year over the NDP period (2010/11 to 2014/15.)  
The Government also aim at improving tax collection 
from other revenue sources such as Non Tax revenues (NTR) presently contributing 1% of Domestic revenues. Steps will also be taken to include a large subsistence and informal sector of the economy into taxable 
brackets. Through some programs such as border  WT/TPR/M/271/Add.1 
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markets, the Government will gazette specific places of 
informal sector traders in urban areas and provide 
support to them as an incentive to encourage them to pay tax.  
Page 505 paragraphs 40 and 41 page 505 - institutional organisation 
of trade related issues. 
  The EU seizes the opportunity to call for the creation of a 
Sector Working Group (SWG) on Trade, Tourism and Industry to set an efficient mechanism to monitor Trade 
and Trade-related policies and strategies in these sectors. 
This SWG would be led by the Ministry of Trade with representation from the Ministry of Land, Ministry of Infrastructure, Ministry of Agriculture and other ministries as needed. The EU considers that the creation of a SWG on 
Trade, Tourism and Industry would not only assist the 
coordination of Trade-relate d development programmes (to 
be funded by different Ministries), but also set an efficient mechanism to monitor Trade and Trade-related policies and strategies. This SWG would involve development Partners and the private sector.. This SWG which is 
foreseen under the EU technical assistance programme and 
would be a major contribution to enhanced efficient policy making.  
The EU is keen to know what are the government's 
intentions regarding the creation of that group (SWG) and 
its operationalization?  
 
The Government of Uganda is committed towards 
implementing the Sector Working Group on Trade as it is contained in the National Trade Sector 
Implementation Plan. A study had been carried out in 
this regard and the recommendations on the best practices have been proposed. We anticipate that the SWG will be implemented in the next financial year. Meanwhile, the Ministry has been holding annual 
Trade sector reviews with the assistance of EPA-
TAPSS, an EU funded project. These reviews bring together stakeholders and donors to debate and find solutions to key pertinent issues that affect trade. 
 
III Trade policies and 
practices by measures 
(3) Measures directly 
affecting exports (iv) Export subsidies and incentives  Page 520, paragraph 115, 
page 528, paragraph 154 
and page 530, "Uganda Investment Authority (UIA), /..../ has opened up 
industrial parks in several regions in the country … " 
Uganda has gazetted over 1,000 hectares of prime 
industrial land to be developed into fully serviced industrial estates and export processing zones. The Uganda Investment Authority holds the government interest in the proposed project.  A Free Zones Bill (2010) is still before Parliament." 
 
To EU's knowledge, one park (Namanve, on Jinja Road) is WT/TPR/M/271/Add.1 
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paragraph 162 and 
Government report G 271 P78 - paragraph 13 - 
land reform and 
investment  opened and others are at an early stage of being set up. It 
seems that among many difficulties to create these parks, finding land for investment is a major issue for the Uganda 
Investment Authority but may also be an issue in the 
purely "agricultural sector" acco rding to paragraph 154 of 
the WTO secretariat report (less than 50% of total cultivable land is used and th e development strategy and 
investment plan of 2010-2015 recognises the fundamental importance of agriculture to Uganda's economy and 
development). 
 
The EU would be interested to know what priority the 
government is attaching to land reform in this context? 
 
The Government of Uganda has a draft National Land Policy (2011). This policy seeks to reorient the land sector in national development by articulating management and coordination between the land sector and other productive sectors in the economy to enhance the contribution of the sector to the social and economic 
development of the country. 
  The draft policy emphasises ownership of land and land use, stipulates incentives to sustainable and productive use as well as other measures to achieve land 
management and land development objectives.  
III Trade policies and 
practices by measures (2) Measures directly affecting imports (vi) Standards and other 
technical requirements 
 Page 518, paragraph 102 - SPS strategy A draft national sanitary and phytosanitary policy is 
mentioned as being written in 2011. It aims at remedying several well identified weaknesses in the system. In the government report the strategy is mentioned as adopted.  The EU is interested to know  the main aspects of the 
strategy and the implementing tools that are adopted to make it effective.  
 
The main policy interventions are: 
(vii) Strengthening the legal and regulatory 
framework for SPS Measures; 
(viii) Support the private sector to meet the SPS 
requirements to produce safe and good quality products; 
(ix) Harmonised SPS measures to regional and 
international requirements; 
(x) Promote awareness to SPS measures; 
(xi) Develop and improve SPS management 
mechanisms along the value chains to make Uganda's products competitive in the regional and multilateral markets; 
(xii) Foster coordination and collaboration  WT/TPR/M/271/Add.1 
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between and among SPS related institutions. 
 
The implementation strategy includes: 
(iv) Formulation of a participatory 
implementation strategy/plan with detailed budget implications and resource 
requirement for the implementation of the 
policy; 
(v) The implementation plan will embrace 
performance measures and measurable indicators for evaluating achievements of the policy objectives to be used to gauge the 
overall progress towards effective and 
efficient management of SPS issues in Uganda. 
(vi) All stakeholders shall prioritise existing and 
additional efforts for SPS control on the 
basis of qualitative and quantitative 
assessment of costs, risks, benefits and opportunities. 
 
Paragraph 105 - 
"Products prohibited from importation into 
Uganda on SPS grounds 
include beef (due to mad cow disease)"  Can Uganda please explain how these trade restrictive 
measures imposed for mad cow disease (BSE) are in line with the respective standards of OIE?  
 The EU recalls that the OIE standard includes clear 
recommendations for the import conditions of commodities coming from countries/zones/compartments affected by this disease.  The OIE standard (2012) clearly states the following: " Veterinary Authorities  should not require any 
BSE related conditions, regardless of the BSE risk status of 
the cattle population of the exporting country , zone  or 
compartment  for inter alia deboned skeletal muscle meat 
(excluding mechanically separated meat) from cattle which 
were not subjected to a stunning process prior to slaughter , 
with a device injecting comp ressed air or gas into the 
cranial cavity or to a pithing process, and which passed ante- and post-mortem inspections and which has been prepared in a manner to avoid contamination with tissues listed in Article 11.5.14. " Consequently, according to EU's 
understanding, Uganda puts in  place import restrictions on 
countries reporting BSE which are not in line with the OIE standard.   
Uganda's decision was based on precautionary 
principle for ensuring human and animal health safety. 
However, Uganda notes that the OIE standard quoted 
is of August 2012. This is a short period of time for Uganda to have sat, internalize the new recommendations and come up with a position. Uganda WT/TPR/M/271/Add.1 
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is studying the recommendations and will go through 
the normal process of developing national positions. 
 
(4) Measures affecting 
production and trade 
(v) Competition policy 
and regulatory issues  Page 526, paragraph 145 - competition law  The EU is aware that a law on competition has been 
drafted but has not entered into force.  
 
Could Uganda please provide the details of its  intentions 
in this respect?  
 
Uganda has drafted a Competition policy and bill, the 
draft Competition Bill is before the First Parliamentary 
Council, Ministry of Justice and Constitutional Affairs, 
for legal drafting after which it will be submitted to cabinet and thereafter, to the Parliament.  
 
IV Trade policies by 
sector  
(ii) Agricultural policy  
Page 531, paragraph 170 - food security and SPS harmonisation within EAC 
 
 "Improving food security has been identified as one of the 
key priorities of the EAC agriculture and rural development policy. The absence of harmonised system of 
SPS measures among EAC members will have an impact 
on Uganda's exports and on domestic food safety".  
Does Uganda consider necessary a harmonised policy in 
this respect given the import ance of agriculture for the 
livelihood of many of the people living in EAC? 
 Uganda considers it necessary to harmonise the SPS within EAC since the EAC is now a common market. We also realise that the Common Market cannot be effective if we do not have harmonised SPS policies. 
The fact that Uganda is competitive in agricultural 
production, the issue of SPS is key to improving competitiveness of Uganda's export of food products within the region.  Discussions to this effect are on-going in the EAC and a roadmap has been developed. 
 
Page 538-39, 
paragraphs 211, 212  
Fisheries issues 
 The EU notes that the appropriate legal framework to 
control illegal activities on Lake Victoria exists in all the 
LVFO member states. The US$1.8 million campaign (code-named Operation Save  Samaki) was implemented 
with the support of EU assistance. (The EU through the IFMP project offered €200,000 to match the US$600,000 
contribution from each LVFO member state). It was 
understood that the EU funds would serve for carrying out awareness activities and LVFO funds for carrying out control measures. The EU notes that the intended control measures did not take place. The EU is of the view that any future financial support should be used to carry out the 
appropriate control measures in collaboration with other 
public institutions (like the Police & Judiciary) the private sector (like fish processors and exports & co-management  WT/TPR/M/271/Add.1 
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units).  
 
The EU is keen to know whether Uganda considers any 
follow up on the basis of the above statement in cooperation with Lake Victoria fisheries organisations states and in particular with Tanzania? 
 
Yes, Uganda is studying the monitoring and evaluation reports and will take the necessary appropriate actions. 
 
 
India Secretariat Report 
(WT/TPR/S/271) 
Page A5-558, 
paragraph 324  The law is silent on the issue of cabotage in the water 
transport subsector and there has been no foreign interest 
in carrying merchandise or people in Ugandan waters. 
 Could Uganda clarify its position with regard to allowing cabotage in the water transport subsector to foreign service providers?  The water transport is governed by the Ferries Act, the Vessels registration Act and the Inland Transport Control Act. Foreign enterprises are allowed to provide cabotage services for car go but not for passenger. 
However, poor water landing site infrastructures and 
weak enforcement of regulations constitute a major 
challenge in the water transport in Uganda, in addition to poor adjacent infrastructure of feeder roads and ferry connections.  
 
Page A5-509, paragraph 52; Table II.2 
 Ugandan Investment Incentives  
 
Could Uganda provide details of the criteria provided 
under the Investment Code for availing benefit under the different incentive schemes for foreign investors?  
Both local and foreign in vestors are entitled to 
investment incentives on equal basis as provided for in 
the Income Tax  Act Cap 340 and the Investment Act Cap 92 of the of Uganda.  
 
United 
States REPORT FOR 
UGANDA, ANNEX 5 (WT/TPR/S/271/UGA) 
 
II. TRADE AND INVESTMENT REGIMES (3)
 TRADE AGREEMENTS  
Page A5-508, The Secretariat report notes that Uganda has not made any 
notifications to the WTO since 2006, except for those under the TBT Agreement.  The United States commends 
Uganda's efforts in notifying TBT notifications to the 
WTO.    In light of the fact that Uganda has not submitted other types of WTO notifications since 2006, please explain 
what steps Uganda is taking to bring its WTO notifications WT/TPR/M/271/Add.1 
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paragraph 50 up-to-date?  
 
Uganda does not have adequate capacity to make up-to-
date notifications. We have been successful in making 
notifications for TBT because of capacity building programs provided by WTO. In addition, we had shortage of staff in the multilateral division, however with the recent recruitment, the department will be able to work closely with the different ministry 
departments and agencies improve notifications of the 
different agreements. The WTO secretariat should also provide capacity building programs in this regard. 
 
III. TRADE POLICIES 
AND PRACTICES BY MEASURE 
(2)
 MEASURES 
DIRECTLY AFFECTING 
IMPORTS  
(iv) Import prohibitions, restrictions and licensing 
Page A5-514, 
paragraph 82  Uganda's latest notification to the Import Licensing 
Committee was in 2005, but th e Secretariat describes a 
number of apparent import licensing requirements.   
 
When will Uganda notify its requirements to the Import Licensing Committee in light of the WTO Agreement on Import Licensing Procedures?  Some of the new of the regulations were made after the last trade policy review. Uganda will make the notification of the new import licensing requirements by next year. 
 
(vi) Standards and other 
technical requirements  
Page A5-518, 
paragraph 106 According to the Secretariat report, Uganda has adopted 
additional labelling requirements for used clothing.    
Please explain the current labelling requirements for used 
clothing, as well as the labelling requirements for new clothing that is put on the market for sale in Uganda.     
Labelling requirements for used textile products: 
 
Each bale and accompanying documents shall be properly marked with the following information  (a) Bale number (b) Mass of bale in kilograms. (c) Type and quantity of articles. 
(d) Name and address of importer/supplier/distributor. 
(e) Country of origin. (f) Size category (whether fo r adults or for children). 
 Labelling and marking requirements for new textile 
products 
 General  The labelling or marking indicating the fibre content of a textile or of a textile product shall be clearly visible  WT/TPR/M/271/Add.1 
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and no part of this information shall be obscured. The 
trade name or trademark of an undertaking may 
immediately precede or immediately follow the indication of fibre content. Trade names, etc., need not be of the same size lettering as the generic name. The supplier shall be responsible for ensuring that the 
fabric or article is appropriately labelled or marked 
(see 6.3) and that the required information is easily accessible to the prospective purchaser when the product is offered or displayed for sale or is sold.  Labels 
iii. Where a label is to be permanently 
attached to an article, the appropriate fibre-content information shall be either woven into, or printed on, a label of suitable size and material such that the 
information is clearly legible. The label 
material and the information on the label shall be capable of withstanding the appropriate cleaning treatment throughout the useful life of the article.  
 
It is recommended that for quality control purposes the fibre content marking on a label should have a grey scale rating for change in colour of not less than 4-5 after 5 cleaning treatments carried out in accordance with the 
care-labelling instructions for the article. 
 
iv. Where a label is to be permanently 
attached to an article of clothing in such a way that the label will be in direct contact 
with the wearer's body, the label shall be 
manufactured and attached so as to prevent discomfort through irritation to the skin (e.g. scratching) 
 Application of labels or marking 
The appropriate fibre-content information shall be 
labelled or marked in one (or more) of the following ways:  
f) Directly on the fabric, i.e. printed on the fabric 
or woven into the fabric along the selvedge at 
regular intervals, e.g. in the case of piece-goods; 
g) On a label securely attached to the article, e.g. a 
sewn-in label on a garment; 
h) On the packaging or on a label firmly attached 
to the packaging;  
i) In the form of a note on or contained in, the WT/TPR/M/271/Add.1 
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commercial documents accompanying the 
goods. e.g. the invoice, receipt, brochure, pamphlet, etc., relating to the specific article; 
j) In the case of products that are sold as a 
complete unit, e.g.- a skirt and top, only one label or indication of the fibre content is required, provided that the items comprising the complete unit consist of the same fibre content 
 
(4) MEASURES 
AFFECTING PRODUCTION 
AND TRADE  
(i) Incentives  Page A5-521, 
paragraph 122 According to the Secretariat report, Uganda's National 
Science, Technology and Innovation Policy finances 
"cutting-edge scientific research and innovation of strategic national importance; acquisition of intellectual property rights by local innovators; and recognition of scientific excellence among local scientists."  
- What types of research and innovation are 
considered to be of strategic national importance for Uganda? 
The key sectors are in education, health, agriculture, 
energy, water and sanitation under the Millennium 
Science Initiative.  
- Please describe the spectrum of activities that have 
been funded under this program. 
The World Bank funded Millennium Science Initiative 
has supported several programmes such as banana processing methods, farming of Nile perch fish, 
development of malaria vaccines, funding of university 
research groups including undergraduate, graduate and doctorate students among others.  The Government is not seeking further funds from World Bank when the current phase of the initiative finishes at the end of 
2012 and is mobilizing  resources internally. 
 
(iii) Intellectual property 
rights  Page A5-523, paragraph 134 Do Uganda's laws protect both registered and unregistered 
well-known marks?  
The Trademarks Act 2010 protects famous marks. 
However those protected must meet the test of famous marks i.e. Coca Cola, Pepsi. It is also advisable for 
owners of marks to register them to reduce the 
ambiguity of determining whether one is a famous mark or not.  
 
Page A5-523, 
paragraphs 135 & 137 The report states that the Trademarks Act No. 12 of 2010 
"makes provision for penalties for offences…. imprisonment for two to five years and civil remedies."  
Also the report provides that "infringements of copyright 
or neighbouring rights are subject to a fine not exceeding 100 currency points or imprisonment not exceeding four  WT/TPR/M/271/Add.1 
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years, or both." 
 
What are "currency points?"  Are civil remedies also available for infringements of copyrights or neighbouring rights?     One Currency points is equivalent to Shs. 20,000. Civil remedies are available for infringement of copyrights and neighbouring rights Act 2006, and Trademarks Act 2010 
 
Page A5-523, 
paragraph 136 How are the Berne Convention protections provided to 
audio-visual works, and do audio-visual works have all the 
rights required by the Berne Convention?   
 
The Berne Convention protection is provided to audio-visual works through the recognition of producers' and directors' rights  though not exhaustive.  
 
Page A5-523, 
paragraph 138 The report states "In the event of infringement, the patent 
holder may initiate proceedings in the High Court for 
damages, an injunction (including border measures), and 
other remedies."   Are border measures also available for other forms of IP, such as copyright and trademarks? 
 
Under the EAC Customs Management Act, counterfeits 
are prohibited and will be impounded at the border by customs officials in case a court order has been issued.  
 
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  THE SECOND JOINT TRADE PO LICY REVIEW OF THE EAC 
TANZANIA'S ANSWERS TO FOLLOW-UP QUESTIONS  
 
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Republic of 
Korea Page 59 
(paragraph 2) During the same period, Foreign Direct Investment (FDI) inflows 
recorded an impressive increase from US$597 million in 2006 to 
US$1,095million, an increase of 83.4%. 
What kinds of measures had been taken to attract such a large 
amount of FDI during the period? 
Response: 
 The Tanzania's Government has ta ken the following measures to 
attract more FDIs in the country, including the following:-  
i. Establishment of Tanzania National Business Council in 
2002 to speed-up decision making process for foreign investment; 
ii. Enactment of legislation that established Export Processing 
Zones in 2003; and  
iii. Tanzania's endowment in natural resources including minerals, 
gas and uranium has been among the important pull factors for foreign investment 
Page 59 (paragraph 2) The ratio of external debt to GDP on the other side, stood at 43.2% at 
the end of April 2012, up from 39.6% at the end of June 2011. 
How does Tanzania plan to reduce the external debt in the future? 
Response:  
The increase in external debt is a ttributed to the rising need for 
loans to finance the prioritized d evelopment expenditu res.  However, 
the country's risk of debt distress s till remains low, based on the joint 
IMF-World Bank Debt sustainability analysis (DSA). According to DSA in December 2010, public debt is expected to remain sustainable in the medium t erm, despite the current fiscal 
orientation, which features increased non-concessional financing of 
the deficit. 
According to the 2010 analysis, the present value (PV) of Tanzania's 
debt to GDP stood at 14.9%; the PV of debt to exports was 56.3%; the PV of debt to revenue stood at 85%; and the PV of debt service to 
exports and revenues remained very low at 1.7% and 2.5% 
respectively. The World Bank and IMF classify Tanzania as a strong policy performer. The thresholds for solvency indicators of the 
country's debt sustainability are: the PV of debt to GDP should not exceed 50%; the PV of debt to exports should not exceed 200%; and the PV of debt to revenue should not exceed 300%. Liquidity 
indicators are subject to the following limits: a ratio of external debt 
service to exports of 25% and a ratio of debt service to budget  WT/TPR/M/271/Add.1 
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revenue of 35%. 
The Government adopted a Medium Term Debt Strategy (MTDS) in 
June 2011. The tool used in developing the MTDS incorporated non-concessional borrowing and contingent liabilities, including those arising from Government guarantees.  In recognition of the fact that debt sustainability is sensitive to the terms of borrowing and its 
utilization, the Government is comm itted to contract external debt 
only on reasonable terms and to ensure that all non-concessional 
debt is used to finance high-
priority investment projects.  
Furthermore, in line with the Government's medium-term fiscal 
policy, the proceeds from non-concessional borrowing will only support development projects, particul arly infrastructure. Likewise, 
the Government has also continue d to control the issuance of 
guarantees on loans to various pub lic institutions to maintain 
sustainability of the public debt. As  a result, Tanzania's total public 
debt is projected to remain below 45% of GDP over the medium term according to the DSA published by the Government in 
December 2010. Accordingly, c onsidering the need for prudent 
management of public debt, the Government conducted a DSA in February 2012. The results of DSA exercise indicate the public debt is sustainable. The decision to continue borrowing on concessional and non-concessional terms will contin ue to take into consideration 
the country's debt sustainability.  
Page 59 
(paragraph 3) Real GDP growth remained buoyant during 2011 despite power 
rationing that affected manufacturing and trade activities 
What is Tanzania's plan to alleviate the electric power shortage? 
Response 
 Tanzania prepared the Power Sector Master Plan (2006 – 
2031) and its implementation is underway.  Under the Plan, a total of over 6,000MW is expected to be generated from 
diversified power sources. By J une 2012 installed capacity 
was 1,375.74MW, which was 36% increase from June 2011 capacity. 
 Projects to be implemented under the Plan by 2015 include 
Mnazi Bay and Songosongo Natural Gas Processing Plant and a 532km transportation pipeline and in frastructure. The project is 
expected to generate 990 Megawatts when it is completed in 
2014 and 2,785MW by 2015. Together with the existing pipeline 
and generators the production will be over 3900MW. 
 Other power projects planned to be completed by year 2015 
include Somanga Fungu Gas Power Project (320MW); Mchuchuma Coal Project (300MW); Ngaka Coal Project (200MW); Kiwira Coal Project (200MW); Ruhudji Hydro Power 
Station Project (358MW) and Rusumo Hydropower Station 
Project (75MW). 
 WT/TPR/M/271/Add.1 
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Page 61 
(paragraph 7) Tanzania's fiscal performance had a steady improvement over the 
review period for instance during the fiscal year 2011/2012 until March, overall revenue collection was TZS 5157.6billion being 99% 
of the estimated TZS 5217.2 billion.  Tax revenue was TZS 4765.5 
billion being 106% of the estimated collection.  These good results were due to improvements of administrative measures taken by the TRA including ensuring that electronic gadgets (EFD) are properly used by businessmen a measur e that began in July 2010. 
It is understood that Tanzania po ssesses a large informal business 
sector.  What is the estimated size of the sector and what is 
Tanzania's plan to integrate the sector into the formal business sector in order to increase transparency of the economy? 
Response:  
Tanzania developed Private Sector Development Strategy with a 
view to encourage, among others, the informal sector to formalize 
their businesses. The Ministry of Industry and Trade introduced a fully-fledged Department of Small and Medium Size Enterprises (SMEs) to deal with informal sector including overseeing the implementation of the SMEs Policy and strategies. 
 Page 62 
(paragraph 10) In addition, in August 2011, the Government aims at conducting a 
national census which will provide the current status of the labour 
force and the economy in general 
Could Tanzania please provide the latest information on its labour 
force? 
Response:   
Tanzania's Government conducted national census in August 2012 
and its preliminary results are expect ed in December, 2012.  The 
estimated labour force as at 2011 indicates that the total number of 
labour force population is 22.1million. 
Page 62 (paragraph 11) Tanzania's economy is expected to sustain strong growth in 2012 and 
beyond, supported by improvement in energy supply, prospects of increase in foreign direct investment particularly in gas exploration, and infrastructure development.  Real GDP is projected to grow by 6.8% in 2012 and 7% in 2013. 
It is expected that the overall world economy will grow at a slower 
pace than before in the near future.  Since Tanzania is an integral part of the world economy, it may be a ffected by this trend.  Further, 
fruits of economic growth need to  be shared by Tanzanian people 
across the country.  Could Tanzania elaborate on its plans to achieve the expected GDP growth as well as equitable distribution of 
income resulting from the economic growth? 
Response:  
Tanzania is implementing the Fi ve-Year Development Plan to 
unleash its latent growth potentials.  The Plan singles out key  WT/TPR/M/271/Add.1 
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priority areas and identifies strate gic interventions for accelerating 
economic growth, create employme nt, and spur industrialization 
efforts. These core priority area s are infrastructure, agriculture, 
industry, human resource development, tourism, trade, and financial services. Strategic infrastructure projects including large investments in energy, transport infr astructure; agricultural projects 
with focus on transformation of agriculture for food self-sufficiency 
and export; development of irrigation particularly in selected agricultural corridors, and high value crops.  The main tools of strategic intervention in these co re areas comprise of Special 
Economic Zones, Public-Private Partnerships, institutional reforms, improving business environment and environment management.   
The Plan emphasizes on maintaining of prerequisite conditions for 
economic growth which include macroeconomic stability, ensuring 
environmental sustainability, conducive business environment, good political and economic governance, aggressive investment promotion 
and proper land use planning and property rights management. 
To ensure equitable distribution of incomes, the Government is 
implementing interventions necessary for promoting creation of job opportunities and incomes.  The in terventions include measures to 
enhance increased productivity in agriculture, which employ major proportion of population, such as improvement and construction of 
rural infrastructure; facilitate ava ilability of agricultural inputs and 
marketing infrastructure. The Go vernment is also promoting 
investments in labor intensive industries such as tourism as well as development of small and medium enterprises which are potential for job creation and income generation.   
 Page 63 
(paragraph 13) Industrial development specifically targeting industries that use 
locally produced raw materials such  as textiles, fertilizer, cement, 
coal, iron and steel, as well as development of special economic 
zones, using public private partnerships. 
Local content requirements can cons titute a barrier to trade and 
investment.  Could Tanzania please elaborate on this strategy? 
Response:   
To accelerate industrial developmen t, the medium term development 
plan prioritises industries that use locally abundant raw materials in 
order to benefit from the country' s comparative advantage.  The 
strategy is important for promo ting value addition which is crucial 
for job creation and income generation.  Use of locally available resources also reduces demand for foreign exchange and hence 
improves terms of trade.  Since raw materials for textile, cement, 
coal, iron and steel are abundantly available in Tanzania; the strategy does not constitute a barrier to trade and investment. 
Tanzania restricts local content requirements on the production of 
goods whose materials can be obtained locally.  The aim is to make optimum utilization of available resources and promote value 
addition. WT/TPR/M/271/Add.1 
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 Page 62 
(paragraph 17) Tanzania is one of founding members of the East African 
Community and it is effectively participating in the integration process.  The EAC which started at the level of Customs Union has 
now reached a Common Market stage and negotiations for Monetary 
Union have started. 
Even though the EAC Common Market was launched in 2010, the 
regional trade volume among the EAC countries has been lower than expected.  How does Tanzania plan to boost trade within the EAC?  Could Tanzania please outline what  it sees as stumbling blocks to 
reaping the expected benefits from the Common Market? 
Response:  
The regional trade volume has been on the increase since 2005 
following the ratification of the Customs Union Protocol. Unfortunately, there was no achievement benchmark of which the 
region had set to use as a yardstick to gauge the expectations. 
Tanzania has undertaken measures to implement the Customs Union Protocol as well the Common Market Protocol, under the Draft Common Market Implementation Stra tegy as well as the ongoing 
review of the National Trade Policy among other initiatives. Some of the National major stumbli ng blocks to reaping of the 
anticipated benefits of the Common Market are lack of genuine and 
commitment at the regional level such as: 
Un-called for migration regulations;  
Non-tariff barriers;  
Laxity in amending laws to conform to the CMP requirements; and  
Delayed implementation of Article 24 of the Customs Union Protocol 
requiring the Establishment of the Committee of Trade Remedies.  
Nigeria Question raised 
from the Statement of the Nigeria's delegation Tanzania's second National Strate gy for Growth and Reduction of 
Poverty 2010/2011-2014/2015,Tanzania 's Development Vision 2025, 
Three year macro – economic programme, etc. 
Can Tanzania share some information on how these important 
policies could be achieved? 
Response:  
The Government is implementing the medium program that focuses 
on sustaining macroeconomic stability and promotion of broad-based and pro-poor growth, and creating fiscal space for increased investment in infrastructure, primary sectors and core MDG clusters. To achieve the objectives,  the Government maintains an 
appropriate balance between the obj ective of stimulating economic 
growth and maintaining ma croeconomic stability through 
implementation of measures to re duce the overall fiscal deficit 
through expenditure restraint and revenue enhancing measures. These measures are intend to create  the fiscal space necessary for 
sustained budgetary spending levels for priority services, and modest  WT/TPR/M/271/Add.1 
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scaling-up of investment in infrastructure and primary sectors to 
shore-up economic growth. Also the Government continues to 
deepen structural reforms to improve budget execution and 
efficiency will continue to be prioritized. 
To maintain spending in the priority areas while embarking on a 
fiscal consolidation path, the Government continues to strengthen 
domestic and concessional resource mobilization in the medium 
term. The authorities have embarked on further revenue enhancing reforms with the view of raising the revenue yield. Internal control systems will be strengthened further and risk management strategies developed for all spending agencies. 
Cognizant of the overall resource limitations, the Government is 
facilitating greater inflows of FD I and private sector participation 
through public-private partnersh ip (PPP) arrangements. The 
Government remains vigilant of the contingent liabilities arising from greater use of FDI and PPPs, and debt sustainability implications of non-concessional funding. To that end, the 
Government has adopted the Medium Term Debt Strategy tool.  
The Government has started to focus on the future opportunities and 
challenges arising from the ne w natural gas economy. Going 
forward, they request continued support from the Fund, other international financial institutions and development partners in their 
efforts to strengthen macroeconomic stability, exploit new growth 
drivers, and achieve their development goals. 
Tanzania has recorded substantive natural gas exploration results. 
When fully confirmed the new natur al gas economy is envisaged to 
emerge with a potential multi-billion dollar investments over the medium term with a corresponding ly large export and budget 
revenue flows. To best take advantag e of this potential natural 
resource wealth, the authorities are em barking on the preparation of 
a Natural Gas Master Plan.   
Canada Question raised 
from the Statement of the Canada's 
delegation While a positive record on governan ce, sustained economic growth, 
and macro – economic stability has attracted several Canadian companies in Tanzania in the pas t 10 years, Tanzania still faces 
economic challenges.  Canada is the largest investor in Tanzania's 
mining sector, with over $2.3 billion in mining assets, and there is 
growing Canadian interest in off – shore gas.  Nevertheless, Canadian investors have expressed concerns about prevailing impediments to doing business in the economy.  In this context, we look forward to the recently c oncluded Canada – Tanzania Foreign 
Investment Promotion and Protec tion Agreement being enacted in 
both countries in the near future. 
Response:  
Tanzania's Government is committed to concluding the 
Canada/Tanzania Foreign Investment Promotion and Protection Agreement.  The Government is undertaking cons ultation with 
relevant stakeholders prior to tabl ing of the Natural Gas Policy. WT/TPR/M/271/Add.1 
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Japan Question raised 
from the Statement of 
the Japan's 
delegation The government of Tanzania and G8  members held related meetings 
on the New Alliance for Food Security and Nutrition, aiming at Tanzania's agricultural reform.  They created a roadmap to achieve 
the improvement of land policies, tax reform and abolishment of 
export prohibition policies, etc.  These reforms enable foreign enterprises to promote their busin ess in the sector of agriculture, 
and Japan hopes to see Tanzania's continued efforts to develop these reforms.  In addition, Japan al so hopes to see improvement 
regarding the situation in which inferior manganese batteries are 
being smuggled into Tanzania, affecting its market. 
Response:  
The importation of batteries has been put into the TBS list of goods 
which require such goods to be tested prior to shipment to Tanzania to avoid importation of inferior brands of batteries.  This measure is 
expected to reduce cases of smuggling of batteries and to stop 
importation of law quality batteries into Tanzania. 
 
United 
States (4) MEASURES 
AFFECTING 
PRODUCTION 
AND TRADE  
(v) Intellectual 
property rights  Page A4-432, paragraph 177 The Report states that the Republic United of Tanzania has signed 
the WIPO Performances and Phonograms Treaty and the WIPO Copyright Treaty.  However, the WIPO website does not name Tanzania as members of either Treaty.   
 
Please provide further information regarding Tanzania's plans to 
deposit its instruments of ratification/accession and advise if the 
Treaties' provisions have been implemented into domestic 
legislation, and if not, when Tanzania plans to implement the 
Treaties' provisions. 
Response: 
 The WIPO Performances and Phonograms Treaty and the 
Copyright Treaty were acceded after the enactment of the Copyright and Neighbouring Righ ts Act of 1999 which means 
implementation of the Provisions of these two Treaties were not taken on board in the Copyright Act.   
 The Government has prepared the draft amendment of the 
Copyright and Neighbouring Right Act and the Provisions of the 
said Treaties have been taken on board as per the South and East Africa Copyright Network (SEACN).  The ratification process is in progress and when ready will be   incorporated in the new Act.   
Follow-up: Will there be an opportunity to comment on the draft 
law before it is enacted? 
Response:  
The WTO Member Countries and oth er interested stakeholders are 
free to comment (in both Tanzania Mainland and Zanzibar) on the draft laws before the approval process of the Government.     WT/TPR/M/271/Add.1 
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United 
States Page A4-432, 
paragraph 178 The report indicates that Tanzania is currently developing an IPR 
policy and revising its IPRs laws in  order to consolidate them and 
make them fully TRIPs compliant. 
Response:  
Tanzania has a policy of inviting national stakeholders to comment 
on the draft laws before enactment. 
Follow-up: Are WTO member count ries considered stakeholders 
and afforded an opportunity to comment? 
Response:  
 
The WTO Member Countries, as sta keholders, are free to comment 
(in both Tanzania Mainland and Zanzibar) on the draft law before it 
goes to approval process of the Government.    
 
__________